[Federal Register: January 23, 2003 (Volume 68, Number 15)]
[Rules and Regulations]
[Page 3181-3183]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23ja03-6]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD08-02-022]
RIN 2115-AE47
Drawbridge Operation Regulation; Gulf Intracoastal Waterway,
Houma, LA
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard is changing the existing drawbridge operation
regulation for the draw of the Bayou Dularge bridge across the Gulf
Intracoastal Waterway, mile 59.9 at Houma, Terrebonne Parish,
Louisiana. The rule allows for the morning closure period to be
increased by 15 minutes to facilitate the movement of high volumes of
vehicular traffic across the bridge during peak traffic hours.
DATES: This rule is effective February 24, 2003.
ADDRESSES: Comments and materials received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket CGD8-02-022 and are available
[[Page 3182]]
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. Commander, Eighth District (obc), maintains the public docket
for this rulemaking.
FOR FURTHER INFORMATION CONTACT: Mr. David Frank, Bridge Administration
Branch, at (504) 589-2965.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On October 21, 2002, we published a notice of proposed rulemaking
(NPRM) entitled Drawbridge Operation Regulation, Gulf Intracoastal
Waterway, LA in the Federal Register (67 FR 64580). We received two
responses commenting on the proposed rule. No public hearing was
requested, and none was held.
Background and Purpose
Presently, the draw of the Bayou Dularge bridge, mile 59.9, at
Houma shall open on signal; except that, the draw need not be open for
the passage of vessels Monday through Friday except holidays from 6:45
a.m. to 8:30 a.m. and from 4:30 p.m. to 6 p.m.
The Louisiana Department of Transportation and Development has
requested a modification to the morning bridge operation schedule to
allow the bridge to remain closed to navigation from 6:30 a.m. until
8:30 a.m. vice 6:45 a.m. to 8:30 a.m. The bridge serves as an important
link between the largest residential neighborhoods in Terrebonne Parish
and the Central Business District. Approximately 21,000 vehicles cross
the bridge daily, 10% of which cross the bridge during the requested
closure times. The adjustment to the morning closure times reflects a
change to align the closure period with the times of the heaviest
commuter traffic. The amount of commuter traffic continues to increase.
The bridge averages 325 openings a month. The requested 15-minute
closure increase will delay approximately 7 additional tows a month.
The average length of a bridge opening is less than five minutes,
delaying an average of 90 vehicles per opening.
Discussion of Comments and Changes
The Coast Guard received two letters in response to the Notice of
Proposed Rulemaking. One letter was from a state senator representing
the Terrebonne Parish area who strongly supported the proposed change.
The second letter was received from the National Marine Fisheries
Service stating that the drawbridge was not in their area of
responsibility and declined comment. Only one minor administrative
change was made to the final rule. The word ``Federal'' was added to
the phrase ``except holidays'' to clarify when the rule will be in
effect. No other changes to the final rule were made based upon the
comments received.
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 Transportation
(DOT)(44 FR 11040, February 26, 1979).
The Coast Guard expects the economic impact of this rule to be so
minimal that a full Regulatory Evaluation under paragraph 10(e) of the
regulatory policies and procedures of DOT is unnecessary.
This rule allows vessels ample opportunity to transit the Gulf
Intracoastal Waterway with proper notification before and after the
peak vehicular traffic periods. Commercial towboat operators can avoid
being impacted by simply arriving 15 minutes earlier at the bridge.
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. Small entities, including towboat operators and their
waterway user groups, were given an opportunity to comment regarding
the effects of this proposed rule. We received no letters of objection
to the proposed modification.
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 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 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 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
[[Page 3183]]
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 considered the environmental impact of this rule and
concluded that, under figure 2-1, paragraph 32(e), of Commandant
Instruction M16475.lD, this rule is categorically excluded from further
environmental documentation. This final rule only involves the
operation of an existing drawbridge and will not have any impact on the
environment. A ``Categorical Exclusion Determination'' is available in
the docket where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
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
1. The authority citation for Part 117 continues to read as
follows:
Authority: 33 U.S.C. 499; 49 CFR 1.46; 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 Bayou Dularge bridge, mile 59.9, 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. and from 4:30 p.m. to 6 p.m.
* * * * *
Dated: January 15, 2003.
J.R. Whitehead,
Captain, Coast Guard, Acting Commander, 8th Coast Guard District.
[FR Doc. 03-1484 Filed 1-22-03; 8:45 am]
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