[Federal Register: August 18, 2003 (Volume 68, Number 159)]
[Proposed Rules]
[Page 49393-49395]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18au03-33]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD08-03-030]
RIN 1625-AA09
Drawbridge Operation Regulations; Inner Harbor Navigation Canal,
New Orleans, LA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to change the regulation governing
the operation of the SR 46 (St. Claude Avenue) bridge, mile 0.5 (Gulf
Intracoastal Water Way (GIWW) mile 6.2 East of Harvey Lock), the SR 39
(Judge Seeber/Claiborne Avenue) bridge, mile 0.9 (GIWW mile 6.7 East of
Harvey Lock), and the Florida Avenue bridge, mile 1.7 (GIWW mile 7.5
East of Harvey Lock), across the Inner Harbor Navigation Canal in New
Orleans, Orleans Parish, Louisiana. New traffic studies indicate that
rush hour vehicular traffic has increased congestion across all three
bridges. This proposed regulation change would increase the time that
the bridges would be open to vehicular traffic (closed to vessel
traffic) by 15 minutes in the morning and afternoon and begin the
afternoon closure one hour and 15 minutes earlier.
DATES: Comments and related material must reach the Coast Guard on or
before October 17, 2003.
ADDRESSES: You may mail comments and related material to Commander
(obc), Eighth Coast Guard District, 501 Magazine Street, New Orleans,
Louisiana 70130-3396. The Commander, Eighth Coast Guard District,
Bridge Administration Branch maintains the public docket for this
rulemaking. Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
will become part of this docket and will be available for inspection or
copying at the Bridge Administration office between 7 a.m. and 3 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Ms. Kay Wade, Bridge Administration
Branch, 504-589-2965.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking [CGD08-03-
030], indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
they reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. You may submit a
request for a meeting by writing to Commander, Eighth Coast Guard
District, Bridge Administration Branch at the address under ADDRESSES
explaining why one would be beneficial. If we determine that one would
aid this rulemaking, we will hold one at a time and place announced by
a later notice in the Federal Register.
Background and Purpose
The U.S. Coast Guard, at the request of a state representative and
the owner of two of the three bridges crossing the Inner Harbor
Navigation Canal in New Orleans, Orleans Parish, Louisiana, proposes to
change the times of the existing drawbridge operation regulation.
Currently, all three bridges remain closed to navigation and open to
vehicular traffic during the morning and afternoon commuter rush hours.
The SR 46 (St. Claude Avenue) bascule span highway bridge at mile 0.5,
the SR 39 (Judge Seeber/Claiborne Avenue) vertical lift span highway
bridge at mile 0.9, and the Florida Avenue bascule span highway and
railroad bridge at mile 1.7 are governed by 33 CFR 117.458, which
states that the draw of these three bridges shall open on signal;
except that, from 6:45 a.m. to 8:30 a.m. and from 4:45 p.m. to 6:45
p.m., Monday through Friday, except Federal holidays, the draws need
not open for the passage of vessels. The draws shall open at any time
for a vessel in distress.
In an effort to reassess and accurately determine the needs of the
commuters who cross these three bridges in the morning and afternoon en
route to and from work in the Lower Ninth Ward area of New Orleans and
in St. Bernard Parish, the Port of New Orleans hired Urban Systems to
perform a new traffic study. The March 2003 traffic study revealed the
average peak periods for vehicular traffic crossing the SR 46 (St.
Claude Avenue) and the Florida Avenue bridges are from 6:30 a.m. to
8:30 a.m. and from 3:30 p.m. to 5:45 p.m. This marks a shift from the
peak traffic times currently reflected in the regulation that was based
on a traffic study completed in October 1999.
Traffic counts for the SR 39 (Judge Seeber/Claiborne Avenue) bridge
were not conducted. However, the Claiborne Avenue bridge is located in
close proximity to the other two bridges and is expected to exhibit
similar traffic patterns. The Claiborne Avenue bridge provides a
vertical clearance of 40 feet above Mean High Water in the closed to
navigation position and is therefore expected to have less impact on
vessel traffic than the other two bridges.
A review of the bridge tender logs revealed that adjusting the
marine traffic closures to coordinate with vehicular rush hour traffic
should not significantly impact the flow of marine traffic.
Allowing the bridges to remain closed to marine traffic during
times that coincide with the heaviest vehicular traffic counts would
help to relieve the morning and afternoon rush hour commuter traffic
congestion across the bridges while having minimal impact on vessel
traffic.
Discussion of Proposed Rule
The proposed rule change to 33 CFR 117.458 would allow the bridges
across the Inner Harbor Navigation Canal in New Orleans, Louisiana, at
mile 0.5, 0.9, and 1.7 to remain closed to navigation beginning at 6:30
a.m. instead of 6:45 a.m. and remain closed until 8:30 a.m. In the
afternoon, the closure time would begin earlier at 3:30 p.m. and end at
5:45 p.m. instead of 6:45 p.m. These changes would more closely
coincide with peak rush hour traffic.
Regulatory Evaluation
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of
[[Page 49394]]
potential costs and benefits under section 6(a)(3) of that Order. The
Office of Management and Budget has not reviewed it under that Order.
It is not ``significant'' under the regulatory policies and procedures
of the Department of Homeland Security.
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary.
This proposed rule adds 15 minutes to the existing drawbridge
operating regulation and shifts the afternoon closure time up by one
hour and 15 minutes. A review of the bridge logs for these three
bridges indicates that minimal requests to open the bridges during
these periods have been made in the past, and there is no indication
that there will be a future increase.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule would not have a significant economic impact on a substantial
number of small entities. This proposed rule would affect a limited
number of small entities. These entities include the owners or
operators of vessels needing to transit the Inner Harbor Navigation
Canal between mile 0.5 and mile 1.7 from 6:30 a.m. to 8:30 a.m. and
from 3:30 p.m. to 5:45 p.m. on weekdays.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact the Eighth Coast Guard District
Bridge Administration Branch at the address above.
Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this proposed rule will not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would not affect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Environment
We have analyzed this rule under Commandant Instruction M16475.1D,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (32)(e), of the Instruction, from further
environmental documentation. Paragraph (32)(e) excludes the
promulgation of operating regulations or procedures for drawbridges
from the environmental documentation requirements of NEPA. Since this
rule will alter the normal operating conditions of the drawbridges, it
falls within this exclusion. A final ``Environmental Analysis Check
List'' and a final ``Categorical Exclusion Determination'' are
available in the docket where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
1. The authority citation for part 117 continues to read as
follows:
[[Page 49395]]
Authority: 33 U.S.C. 499; Department of Homeland Security
Delegation No. 0170.1; 33 CFR 1.05-1(g); section 117.255 also issued
under the authority of Pub. L. 102-587, 106 Stat. 5039.
2. In Sec. 117.458, paragraph (a) is revised to read as follows:
Sec. 117.458 Inner Harbor Navigation Canal, New Orleans.
(a) The draws of the SR 46 (St. Claude Avenue) bridge, mile 0.5
(GIWW mile 6.2 East of Harvey Lock), the SR 39 (Judge Seeber/Claiborne
Avenue) bridge, mile 0.9 (GIWW mile 6.7 East of Harvey Lock), and the
Florida Avenue bridge, mile 1.7 (GIWW mile 7.5 East of Harvey Lock),
shall open on signal; except that, from 6:30 a.m. to 8:30 a.m. and from
3:30 p.m. to 5:45 p.m., Monday through Friday, except federal holidays,
the draws need not open for the passage of vessels. The draws shall
open at any time for a vessel in distress.
* * * * *
Dated: August 6, 2003.
R.F. Duncan,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 03-21088 Filed 8-15-03; 8:45 am]
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