[Federal Register: January 28, 2005 (Volume 70, Number 18)]
[Proposed Rules]
[Page 4074-4076]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28ja05-42]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD08-05-003]
RIN 1625-AA09
Drawbridge Operation Regulation; Gulf Intracoastal Waterway,
Houma, LA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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[[Page 4075]]
SUMMARY: The Coast Guard proposes to change the regulation governing
the operation of the SR 315 (Bayou Dularge) bascule bridge across the
Gulf Intracoastal Waterway, mile 59.9 west of Harvey Lock, in Houma,
Louisiana. An increase in traffic during the noontime time period has
facilitated a request to allow the bridge to remain closed to
navigation for two (2), 30-minute periods in the middle of the day.
These closures will allow local workers to transit the area with
minimal delays during the noontime lunch period.
DATES: Comments and related material must reach the Coast Guard on or
before March 29, 2005.
ADDRESSES: You may mail comments and related material to Commander
(obc), Eighth Coast Guard District, 500 Poydras Street, New Orleans,
Louisiana 70130-3310. 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: David Frank, Bridge Administration
Branch, telephone 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 [CGD08-05-
003], 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 the State of Louisiana,
Department of Transportation and Development (LDOTD), and supported by
the Terrebonne Parish Council, proposes to modify the existing
operating schedule of the SR 315 (Bayou Dularge) bascule bridge across
the Gulf Intracoastal Waterway, mile 59.9 west of Harvey Lock, in
Houma, Terrebonne Parish, Louisiana. The modification of the existing
regulations will allow the bridge to remain closed to navigation for
two (2), 30-minute periods in the middle of the day to allow for local
workers to transit the area with minimal delays during the noontime
lunch period.
Currently, the bridge opens on signal; except that, the draw need
not open for the passage of vessels Monday through Friday except
Federal holidays from 6:30 a.m. to 8:30 a.m. and from 4:30 p.m. to 6
p.m.
Approximately 11,500 vehicles cross the bridge daily, 7% of which
cross the bridge during the requested noon closure times. The bridge
averages 288 openings a month. The requested two (2), 30-minute
closures will delay approximately 35 additional tows a month for a
maximum of 30 minutes. The average length of a bridge opening is
approximately seven minutes, delaying an average of 92 vehicles per
opening during the noontime bridge openings.
Navigation at the site of the bridge consists primarily of tugboats
with barges. Alternate routes east and west through the bridge are not
readily accessible; however, the bridge, in the closed-to-navigation
position provides a vertical clearance of 40 feet above high water,
elevation 3.8 feet Mean Sea Level.
Discussion of Proposed Rule
The proposed rule would modify the existing regulation in 33 CFR
117.451(c) to facilitate the movement of high volumes of vehicular
traffic across the bridge during noontime lunch periods. The change
would allow the SR 315 (Bayou Dularge) bridge, mile 59.9 west of Harvey
Lock, at Houma, to remain closed to navigation from 11:45 a.m. to 12:15
p.m. and from 12:45 p.m. to 1:15 p.m. in addition to the presently
published times of 6:30 a.m. to 8:30 a.m. and 4:30 p.m. to 6 p.m.
Monday through Friday except Federal holidays.
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 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 allows vessels ample opportunity to transit this
waterway with proper notification before and after the peak vehicular
traffic periods. According to the vehicle traffic surveys, the public
at large is better served by the additional closure times during the
noontime lunch periods.
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 the following
entities: the owners and operators of vessels needing to transit the
bridge from 11:45 a.m. to 12:15 p.m. and from 12:45 p.m. to 1:15 p.m.
on weekdays.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed 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 proposed rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this proposed rule so that
[[Page 4076]]
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. The
Coast Guard will not retaliate against small entities that question or
complain about this rule or any policy or action of the Coast Guard.
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 proposed 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 proposed 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. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed 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 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
proposed rule will alter the normal operating conditions 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. Sec. 117.451(c) is revised to read as follows:
Sec. 117.451 Gulf Intracoastal Waterway.
* * * * *
(c) The draw of the SR 315 (Bayou Dularge) bridge, mile 59.9 west
of Harvey Lock, at Houma, shall open on signal; except that, the draw
need not open for the passage of vessels Monday through Friday except
Federal holidays from 6:30 a.m. to 8:30 a.m., from 11:45 a.m. to 12:15
p.m., from 12:45 p.m. to 1:15 p.m. and from 4:30 p.m. to 6 p.m.
* * * * *
Dated: January 13, 2005.
R.F. Duncan,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 05-1654 Filed 1-27-05; 8:45 am]
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