[Federal Register: March 1, 2005 (Volume 70, Number 39)]
[Proposed Rules]
[Page 9895-9897]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01mr05-20]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD08-05-001]
RIN 1625-AA09
Drawbridge Operation Regulation; Bayou La Batre, Bayou La Batre,
AL
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 State Highway 188 vertical lift span bridge,
across Bayou La Batre, mile 2.3, at Bayou La Batre, Alabama. The
proposed rule would allow the draw of the bridge to remain closed to
navigation at specific vehicular peak rush hour time periods due to an
increase in commuter traffic, Monday through Friday. This rule will
allow for better coordination and facilitate movement of both vehicular
and marine traffic at the bridge site.
DATES: Comments and related material must reach the Coast Guard on or
before May 2, 2005.
[[Page 9896]]
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: Cindy Herrmann, 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-
001], 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 Alabama Department of
Transportation and supported by the Mayor of the City of Bayou La Batre
and the Mobile County Public School System, proposes to change the
times of the existing drawbridge operation regulation. Currently, the
bridge opens on signal except that the draw need not be opened from 8
p.m. to 4 a.m. daily, and from 6:30 to 8:30 a.m. and from 2 p.m. to 5
p.m. Monday through Saturday except holidays.
In an effort to assess and accurately determine the needs of the
community, traffic counts and bridge tender logs were supplied by
Alabama Department of Transportation. A review of the logs of
drawbridge openings and traffic counts reveal that adjusting the marine
traffic closures to coordinate with vehicular rush hour traffic should
not significantly impact the flow of marine traffic. Allowing the
bridge to remain closed to marine traffic during times that coincide
with the heaviest vehicular traffic counts would help relieve the
morning and afternoon rush hour commuter traffic congestion across the
bridge while having minimal impact on vessel traffic. The Coast Guard
will evaluate public comment to determine if the proposed special
drawbridge operating regulation is warranted.
Navigation at the site of the bridge consists primarily of
recreational pleasure craft, fishing vessels, crew boats and tugboats
with barges. Alternate routes are not available to marine traffic.
Discussion of Proposed Rule
The proposed rule change to 33 CFR 117.103 would allow the bridge
across Bayou La Batre, mile 2.3, in Bayou La Batre, Alabama to remain
closed to navigation, from 8 p.m. to 4 a.m. daily, except for
emergencies. The bridge will open on the hour daily, Monday through
Sunday, between 4 a.m. and 8 p.m. except as otherwise specified. Monday
through Friday, the bridge will not open on the hours of 7 a.m., 3
p.m., and 4 p.m., but will open on signal at 3:30 p.m. These changes
would more closely coincide with peak rush hour traffic. The bridge
will open as soon as possible for emergencies.
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 (DHS). 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 provides specific one hour closure periods in
lieu of two hour closure periods at peak traffic times. The Alabama
Department of Transportation and local government officials in
coordination with local maritime interests agree that a specific
operating schedule is warranted.
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 or operators of vessels needing to transit the
bridge from 4 a.m. to 8 p.m. daily and the facilities that operate
above the bridge.
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 (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. 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,
[[Page 9897]]
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 effect 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 (34)(e), of the Instruction, from further
environmental documentation. Paragraph (34)(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
drawbridges, 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 P. L. 102-587, 106 Stat. 5039.
2. Sec. 117.103 is revised to read as follows:
Sec. 117.103 Bayou La Batre
The draw of the SR 188 Bridge, mile 2.3, at Bayou La Batre, will
open on signal every hour on the hour daily between 4 a.m. and 8 p.m.,
Monday through Sunday. The bridge need not open for the passage of
vessels on the hours of 7 a.m., 3 p.m., and 4 p.m., Monday through
Friday. An additional opening will be made at 3:30 p.m., Monday through
Friday for the passage of vessels. The bridge will remain closed to
marine traffic from 8 p.m. to 4 a.m. daily except for emergencies.
Dated: February 15, 2005.
R.F. Duncan,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 05-3919 Filed 2-28-05; 8:45 am]
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