[Federal Register: June 30, 2005 (Volume 70, Number 125)]
[Rules and Regulations]
[Page 37675-37677]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30jn05-9]
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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: Final rule.
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SUMMARY: The Coast Guard is changing 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. This rule will
allow the draw of the bridge to open on the hour during the predominant
daylight hours, remain closed except for emergencies at night and
remain closed to navigation at specific vehicular peak rush hour
periods. This rule will allow for better coordination and facilitate
movement of both vehicular and marine traffic at the bridge site due to
an increase in commuter traffic Monday thru Friday.
DATES: This rule is effective August 1, 2005.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket [CGD08-05-001] and 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 Bridge Administration Branch maintains the public
docket for this rulemaking.
FOR FURTHER INFORMATION CONTACT: Ms. Cindy Herrmann, Bridge
Administration Branch, at (504) 589-2965.
SUPPLEMENTARY INFORMATION:
Regulatory History
On March 1, 2005, we published a notice of proposed rulemaking
(NPRM) entitled, ``Drawbridge Operation Regulation; Bayou La Batre,
Bayou La Batre, AL,'' in the Federal Register (70 FR 3919). No comments
were received regarding the proposed rule. No public meeting was
requested, and none was held.
Background and Purpose
The U.S. Coast Guard, at t[rparb]097he 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, is changing
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, traffsic 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.
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 Comments and Changes
No comments were received in response to the NPRM Public Notice 04-
05 dated March 2, 2005.
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
[[Page 37676]]
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 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 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.
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.
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. 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 rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
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. This final rule involves modifying the
existing drawbridge operation regulation for a benefit of all modes of
transportation. It will not have any impact on the environment.
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
[[Page 37677]]
under the authority of Pub. L. 102-587, 106 Stat. 5039.
0
2. Sec. 117.103 is revised to read as follows:
Sec. 117.103 Bayou La Batre.
The draw of 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. Monday through Friday the draw will open on signal for the
passage of vessels at 3:30 p.m. The bridge will remain closed to marine
traffic from 8 p.m. to 4 a.m. daily except for emergencies.
Dated: June 22, 2005.
Robert F. Duncan,
Rear Admiral, U. S. Coast Guard Commander, Eighth Coast Guard District.
[FR Doc. 05-12925 Filed 6-29-05; 8:45 am]
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