[Federal Register Volume 66, Number 53 (Monday, March 19, 2001)]
[Proposed Rules]
[Pages 15373-15375]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-6741]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD08-01-003]
RIN 2115-AE47


Drawbridge Operation Regulation; Terrebonne Bayou, LA

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to change the operating schedules 
for three bridges across Terrebonne Bayou at Houma, Terrebonne Parish, 
LA. The proposed rule would establish the same operating schedule for 
all three draws to facilitate the flow of vehicular traffic during rush 
hours while still meeting the reasonable needs of navigation. The new 
schedule will provide a safe, continuous vessel passage through all 
three draws. This action is expected to relieve the bridge owner from 
the requirement to separately man each bridge by using roving 
drawtenders to operate the bridges when necessary.

DATES: Comments and related material must reach the Coast Guard on or 
before May 18, 2001.

ADDRESSES: You may mail comments to Commander (ob), Eighth Coast Guard 
District, 501 Magazine Street, New Orleans, Louisiana 70130-3396, or 
deliver them to room 1313 at the same address above between 7 a.m. and 
4 p.m., Monday through Friday, except Federal holidays. 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 
Branch, Eighth Coast Guard District between 7 a.m. and 3 p.m., Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. David Frank, Bridge Administration 
Branch, at the address given above, or telephone (504) 589-2965.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested parties to participate in 
this rulemaking by submitting written data, views, or arguments. 
Persons submitting comments should include their names and addresses, 
identify this rulemaking (CGD08-01-003), and the specific section of 
this document to which each comment applies, and give the reason for 
each comment. Please submit all comments and attachments in an unbound 
format, no larger than 8\1/2\ by 11 inches, suitable for copying and 
electronic filing. If you would like confirmation of receipt of your 
comments, 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 
comments received.

Public Meeting

    We do not now plan to hold a public meeting. You may submit a 
request for a public meeting by writing to the Commander, Eighth Coast 
Guard District, Bridge Administration Branch at the address under 
ADDRESSES explaining why a public meeting would be beneficial. If we 
determine that a public meeting would aid this rulemaking, we will hold 
one at a time and place to be announced by notice in the Federal 
Register.

Background and Purpose

    The S3087 Bridge, mile 33.9, the newly constructed Howard Avenue 
Bridge, mile 35.0, and the Daigleville Bridge, mile 35.5 all lie within 
a 1.6 mile section on Terrebonne Bayou. These three bridges are 
currently on three different operating schedules, which requires the 
owner to crew them at various times. Due to the close proximity of the 
bridges to one another and the low volume of waterway traffic, the 
Department of Transportation and Development (DOTD) for the State of 
Louisiana has requested that the Coast Guard revise the regulations in 
33 CFR 117.505 that governs the S3087 and Daigleville Bridges. DOTD 
would like to include the Howard Avenue Bridge, which currently opens 
on signal at any time for the passage of vessels, and place all three 
bridges under the same operating schedule.
    With all three bridges on the same schedule, and because they are 
located so close together, DOTD can operate all three bridges with a 
roving crew or a single draw-tender.

Discussion of Proposed Rule

    Currently, all three drawbridges, the S3087 Bridge (33 CFR 
117.505(c)), the Howard Avenue Bridge, and the Daigleville Bridge (33 
CFR 117.505(d)) across Terrebonne Bayou are required to open on signal 
during the day. However, both the S3087 Bridge and Daigleville Bridge 
have drawbridge operation regulations that require a four-hour advance 
notice be given. The S3087

[[Page 15374]]

Bridge will open on signal if at least four hours notice is given from 
5 p.m. to 9 a.m. The Daigleville Bridge will open on signal if at least 
four hours notice is given from 10 p.m. to 6 a.m. The Daigleville 
Bridge is also allowed to remain closed-to-navigation Monday through 
Friday, except holidays, from 7 a.m. to 8:30 a.m. and 4:30 p.m. to 6 
p.m.
    The Coast Guard proposes to change the regulations in 33 CFR 
117.505 to require the draws of the S3087, Howard Avenue, and 
Daigleville Bridges to open on signal if at least four hours notice is 
given, except that, the draw need not open for the passage of vessels 
Monday through Friday, except Federal holidays, from 6 a.m. to 8 a.m. 
and 4 p.m. to 6 p.m.
    The Coast Guard has evaluated the bridge-opening log data from June 
1998 to June 1999 for both the S3087 Bridge and the Daigleville Bridge. 
The Howard Road Bridge has only three months of data due to its recent 
construction.

                    Monthly Total of Bridge Openings
------------------------------------------------------------------------
                                                                  Howard
                  Bridge                    S3087   Daigleville    Ave.
------------------------------------------------------------------------
June 1998................................       23         83          0
July.....................................        8         62          0
August...................................       18         70          0
September................................       20        109          0
October..................................       29         83          0
November.................................        7         57          0
December.................................        4         42          0
January..................................        1         23          0
February.................................        6         30          0
March....................................        1         41          0
April....................................       14         60          4
May......................................       20         87         45
June 1999................................       11         74         35
------------------------------------------------------------------------

    Because of the low yearly number of requested bridge openings, the 
Coast Guard has determined that the request by the bridge owner, to 
have the bridges open on signal after a four-hour advance notice, is 
reasonable and meets the needs of navigation.
    Traffic counts taken over a two-week period show that 26% of the 
daily vehicular traffic Monday through Friday, on each bridge, occurs 
during the two two-hour time periods requested for closure. The table 
below contains the Monday through Friday opening counts for all three 
bridges, over a one-year time period.

                                                 Bridge Openings
----------------------------------------------------------------------------------------------------------------
                                         S3087                    Daigleville            Howard Ave. (3 month
                             --------------------------------------------------------           period)
           Bridge                                                                    ---------------------------
                                 6am-8am       4pm-6pm       6am-8am       4pm-6pm       6am-8am       4pm-6pm
----------------------------------------------------------------------------------------------------------------
6/98 to 6/99................            0             9            17            30             2             2
----------------------------------------------------------------------------------------------------------------

    The Coast Guard believes that allowing these bridges to remain 
closed to navigation during the time periods requested is reasonable 
and will still meet the needs of navigation. This conclusion is based 
upon the low number of opening requests received during these time 
periods.
    This proposal will allow all three bridges to operate under the 
same schedule, thus providing a safe continuous passage for vessels 
while minimizing disruption to vehicular traffic. The new regulation 
will allow the bridge owner to operate all three bridges only when 
necessary.

Regulatory Evaluation

    This proposed rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866 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 proposed 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 proposed rule allows commercial fishing vessels ample 
opportunity to transit this waterway before and after the peak 
vehicular traffic period which occurs between 6 and 8 a.m. and 4 and 6 
p.m. according to the vehicle traffic surveys.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
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. The proposed rule has considered the needs of 
the local commercial fishing vessels and it has been determined that, 
under 5 U.S.C. 605(b), it would not have a significant economic impact 
on a substantial number of small entities.
    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 they can better 
evaluate its effects on them and participate in the rulemaking. If the 
proposed rule would affect your small business, organization, or 
governmental jurisdiction and you have questions concerning its 
provisions or options for compliance, please contact the Bridge 
Administration Branch, Eighth Coast Guard District at the address 
above.

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

    We have analyzed this proposed rule under Executive Order 13132 and 
have determined that this proposed rule would not have implications for 
federalism under that Order.

[[Page 15375]]

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those costs. This proposed rule would not impose an unfunded mandate.

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 economically significant and does not 
cause an environmental risk to health or risk to safety that may 
disproportionately affect children.

Environment

    The Coast Guard considered the environmental impact of this 
proposed rule and concluded that, under figure 2-1, paragraph 32(e), of 
Commandant Instruction M16475.lC, this proposed rule is categorically 
excluded from further environmental documentation. A ``Categorical 
Exclusion Determination'' is available in the docket where indicated 
under ADDRESSES.

List of Subjects in 33 CFR Part 117

    Bridges.
    For the reasons set out in the preamble, the Coast Guard proposes 
to amend 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. In Sec. 117.505, paragraph (d) is removed; paragraph (e) is re-
designated as paragraph (d); and paragraph (c) is revised to read as 
follows:


Sec. 117.505  Terrebonne Bayou.

* * * * *
    (c) The draws of the S3087 Bridge, mile 33.9, the Howard Ave 
Bridge, mile 35.0, and the Daigleville Bridge, mile 35.5 at Houma, 
shall open on signal if at least four hours notice is given; except the 
draws need not open for the passage of vessels Monday through Friday, 
except Federal holidays, from 6 a.m. to 8 a.m. and from 4 p.m. to 6 
p.m.
* * * * *

    Dated: March 5, 2001.
K.J. Eldridge,
Captain, U.S. Coast Guard, Commander, Eighth Coast Guard District 
Acting.
[FR Doc. 01-6741 Filed 3-16-01; 8:45 am]
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