[Federal Register: September 22, 2003 (Volume 68, Number 183)]
[Rules and Regulations]
[Page 55005-55006]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22se03-11]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD08-03-032]
RIN 1625-AA09
Drawbridge Operation Regulation; Teche Bayou at Levert, LA
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is changing the existing drawbridge operation
regulation for the draw of the St. John Road bridge across Teche Bayou,
mile 77.7, at Levert, St. Martin Parish, Louisiana. The historic bridge
has been replaced by a new bridge and taken out of service. While
awaiting removal, it will remain in place in the open-to-navigation
position and no special operation regulation is necessary.
DATES: This rule is effective September 22, 2003.
ADDRESSES: Documents referred to in this rule are available for
inspection or copying at the office of the Eighth Coast Guard District,
Bridge Administration Branch, 501 Magazine Street, New Orleans,
Louisiana 70130-3396, between 7 a.m. and 3 p.m., Monday through Friday,
except Federal holidays. The telephone number is (504) 589-2965. The
Eighth District Bridge Administration Branch maintains the public
docket for this rulemaking.
FOR FURTHER INFORMATION CONTACT: Mr. David Frank, Bridge Administration
Branch, at (504) 589-2965.
SUPPLEMENTARY INFORMATION:
Good Cause for not Publishing an NPRM
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM. Public comment is not
necessary since the proposed change reduces the burden to the public
and is being made at the request of the drawbridge owner, the only
party that could reasonably object to the change.
Good Cause for Making Rule Effective in Less Than 30 Days
Under 5 U.S.C. 553(d)(3), the Coast Guard finds good cause exists
for making this rule effective in less than 30 days after publication
in the Federal Register for the same reasons stated in the preceding
paragraph.
Background and Purpose
The St. Martin Parish Government has constructed a bridge of modern
safe design to replace the existing St. John historic bridge. The
original plan was to leave the bridge in place to use for pedestrian
traffic; however, the parish now plans to relocate the bridge to
another location as part of an agreement with the State Historic
Preservation Officer. The parish received a grant to help relocate the
bridge but there are insufficient funds in the grant to cover the
relocation. The bridge owner has requested permission to leave the
bridge in place in the open-to-navigation position until adequate
funding is available to relocate the bridge. The bridge owner will
maintain the navigation lights on the bridge but the bridge will not be
manned. Presently, the draw of the bridge opens on signal if at least
24 hours' notice is given in accordance with 33 CFR 117.501(b).
Regulatory Evaluation
This 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 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 (DHS).
This rule improves the service for waterway users and will not have
a negative impact on them.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this 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 rule will
not have a significant economic impact on a substantial number of small
entities.
This rule will have no negative impact on any small entities
because the modification to the regulation improves service to the
waterway users.
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 rule so that they can better evaluate
its effects on them and participate in the rulemaking process.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247).
Collection of Information
This rule calls 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 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 rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in the preamble.
Taking of Private Property
This rule will 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.
[[Page 55006]]
Civil Justice Reform
This 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 rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not cause an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does 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 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.lD,
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.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
0
For the reasons set out in the preamble, the Coast Guard is amending
Part 117 of Title 33, Code of Federal Regulations as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
0
1. The authority citation for Part 117 continues to read as follows:
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.
0
2. Section 117.501(b) is revised to read as follows:
Sec. 117.501 Teche Bayou.
* * * * *
(b) The draws of the S96 bridge, mile 75.2 at St. Martinville, and
the S350 bridge, mile 82.0 at Parks, shall open on signal if at least
24 hours notice is given.
* * * * *
Dated: September 9, 2003.
R.F. Duncan,
Rear Admiral, U. S. Coast Guard. Commander, Eighth Coast Guard
District.
[FR Doc. 03-24097 Filed 9-18-03; 12:01 pm]
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