[Federal Register: January 9, 2004 (Volume 69, Number 6)]
[Proposed Rules]
[Page 1554-1556]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09ja04-25]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD08-03-049]
RIN 1625-AA09
Drawbridge Operation Regulations; Belle River, Belle River, LA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to temporarily change the regulation
governing the operation of the State Route 70 pontoon drawbridge across
Belle River, mile 23.8, near Belle River, Louisiana. The temporary
change would allow the bridge operations to be adjusted to facilitate
the relocation of the tender's house. The duration of the temporary
change will be for eight months from the effective date of the
temporary rule.
DATES: Comments and related material must reach the Coast Guard on or
before March 9, 2004.
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: Mr. David Frank, 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-
049], 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 temporary 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.
[[Page 1555]]
Background and Purpose
The Louisiana Department of Transportation and Development (LDOTD)
plans to replace the bridge tender's house of the State Route 70
pontoon drawbridge across Belle River (on the Gulf Intracoastal
Waterway Morgan City to Port Allen Alternate Route (Landside Route)),
mile 23.8, at Belle River, Louisiana. During construction of the bridge
tender's house, vehicular traffic will be limited to one lane. Since
the bridge tender's house will be removed and replaced, the tender will
have no place to stay at night or during inclement weather. The
proposed temporary rule allows for the continued operation of the
bridge with minor changes to the operating schedule. Presently, 33 CFR
117.424 requires that the draw of the S70 bridge, mile 23.8 (Landside
Route) near Belle River, must open on signal; except that, from 10 p.m.
to 6 a.m., the draw must open on signal if at least four hours notice
is given. During the advance notice period, the draw must open on less
than four hours notice for an emergency and open on demand should a
temporary surge in waterway traffic occur.
LDOTD indicates that approximately 60 vessels per month pass
through the bridge site.
Discussion of Proposed Rule
This proposed temporary rule would allow the bridge to continue to
operate normally from 8 a.m. to 5 p.m. Monday through Friday while
opening on signal with four hours notice at all other times. The
advance notice requirement would affect marine traffic for an
additional two hours in the mornings and five hours in the evenings.
Additionally, mariners would be required to give advance notification
on weekends. This proposed change allows for the replacement of the
bridge tender's house while not significantly inconveniencing the
mariners transiting the waterway. An alternate route is available via
the Morgan City to Port Allen Alternate Route. This proposed temporary
rule would become effective 30 days after the temporary rule is
published and would be in effect for 8 months.
Regulatory Evaluation
This proposed temporary 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.
We expect the economic impact of this proposed temporary rule to be
so minimal that a full Regulatory Evaluation under the regulatory
policies and procedures of DHS is unnecessary.
Prior to proposing this temporary rule, the Coast Guard reviewed
the project and determined that the additional advanced notification
requirements during the repair work would have minimal impact on
commercial vessel traffic. This proposed temporary rule allows vessels
ample opportunity to transit this waterway during the normal workday
and with notification at all other times. An alternate route is also
available.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed temporary 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
temporary rule would not have a significant economic impact on a
substantial number of small entities. This proposed temporary rule
would affect the following entities, some of which may be small
entities: The owners or operators of vessels who need to transit
through mile 23.8 on the Belle River (on the Gulf Intracoastal Waterway
Morgan City to Port Allen Alternate Route (Landside Route)) from 5 p.m.
to 8 a.m. nightly and all day on weekends. The impacts to small
entities will not be significant because of the limited number of
openings required by these vessels. Also the bridge may be opened
during non-manned hours with prior notification.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this temporary 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 temporary 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 temporary rule so that they can
better evaluate its effects on them and participate in the rulemaking.
If the temporary 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 temporary 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
temporary 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 temporary rule will not result in such
an expenditure, we do discuss the effects of this temporary rule
elsewhere in this preamble.
Taking of Private Property
This proposed temporary 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 temporary 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 temporary rule under Executive Order
13045, Protection of Children from Environmental Health Risks and
Safety
[[Page 1556]]
Risks. This temporary 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 temporary 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 temporary 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 proposed temporary 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 proposed temporary 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 temporary rule will alter the normal
operating schedule of the drawbridge, it falls within this exclusion.
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:
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. Section 117.424 is suspended and a new temporary Sec. 117.T426
is added to read as follows:
Sec. 117.T426 Belle River.
The draw of S70 bridge, mile 23.8 (Landside Route) shall open on
signal from 8 a.m. to 5 p.m., Monday through Friday. At all other
times, the bridge will open on signal if at least four hours advance
notice is given.
Dated: December 22, 2003.
R.F. Duncan,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 04-386 Filed 1-8-04; 8:45 am]
BILLING CODE 4910-15-U