[Federal Register Volume 66, Number 95 (Wednesday, May 16, 2001)]
[Rules and Regulations]
[Pages 27025-27026]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-12238]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD08-01-002]
RIN 2115-AE47


Drawbridge Operating Regulation; Inner Harbor Navigation Canal, 
New Orleans, LA

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the regulation governing the 
operation of the SR 46 (St. Claude Avenue) bridge, mile 0.5 (GIWW mile 
6.2 East of Harvey Lock), the SR 39 (Judge Seeber/Claiborne Avenue) 
bridge, mile 0.9 (GIWW mile 6.7 East of Harvey Lock), and the Florida 
Avenue bridge, mile 1.7 (GIWW mile 7.5 East of Harvey Lock), across the 
Inner Harbor Navigation Canal in New Orleans, Orleans Parish, 
Louisiana. This rule allows for the uninterrupted flow of commuter 
traffic while still providing for the reasonable needs of navigation.

DATES: This rule is effective June 15, 2001.

ADDRESSES: Comments and materials received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
will be available for inspection or copying at the office of the Eighth 
Coast Guard District, Bridge Administration Branch, Hale Boggs Federal 
Building, Room 1313, 501 Magazine Street, New Orleans, Louisiana 70130-
3396 between 7 a.m. and 3 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Mr. David Frank, Bridge Administration 
Branch, Commander (obc), Eighth Coast Guard District, 501 Magazine 
Street, New Orleans, Louisiana, 70130-3396, telephone number 504-589-
2965.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On February 22, 2001, a notice of proposed rulemaking (NPRM) 
entitled Drawbridge Operating Regulation; Inner Harbor Navigation 
Canal, New Orleans, Louisiana, was published in the Federal Register 
(66 FR 11129). Sixteen letters of comment were received on the proposed 
rule. No public hearing was requested, and none was held.

Background and Purpose

    To meet the needs of commuters who cross these three bridges in the 
morning and afternoon en route to and from work in the Lower Ninth Ward 
area of New Orleans and in St. Bernard Parish, the Coast Guard proposed 
to codify the historic accommodation with marine interests that allows 
the bridges to remain closed-to-navigation and open to vehicular 
traffic during the morning and afternoon rush hours.
    During the past several years, although no regulation has ever been 
established, all parties have accepted the spirit of the ``closure'' 
during morning and afternoon rush hours and the bridges have not opened 
during these time periods. The Coast Guard proposes to codify the 
accepted historic practices of these three bridges. Another factor we 
considered is the relocation of the Industrial Canal Lock previously 
discussed in detail in the Notice of Proposed Rulemaking.
    The rule would establish the same operation schedules for all three 
draws to facilitate the flow of vehicular traffic during rush hours 
while still meeting the reasonable needs of navigation.

Discussion of Comments and Changes

    Sixteen letters were received containing signatures in support of 
or commenting on the NPRM published in the Federal Register and 
reprinted in a local Coast Guard Public Notice CGD08-05-01 mailed on 
March 8, 2001. Thirteen respondents, one being the Louisiana Department 
of Transportation and Development, wrote in support of the proposal 
with no changes requested. One response was received containing forty-
nine signatures in support of the proposal. Two respondents wrote 
letters in support of the project but requested that a modification be 
made to the proposed hours of closure. These respondents were 
individual commuters who wanted the hours of the closure to begin 
earlier in the morning to accommodate their work hours. However, the 
Port of New Orleans and the Louisiana Department of Transportation and 
Development provided traffic counts with the proposal and the traffic 
counts indicated that the proposed hours of closure correspond to the 
peak traffic crossing the bridges for the majority of the commuters. 
Therefore, no changes to the proposal were made based upon these 
responses. No changes have been incorporated into the Final Rule.

Regulatory Evaluation

    This 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, 
l979).
    We expect the economic impact of this proposed temporary 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 maintains the existing historically accepted curfews with 
a minor change allowing the bridge to remain closed-to-navigation an 
additional 30 minutes.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard considers whether this rule would have a significant 
economic impact on a

[[Page 27026]]

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 
would not have a significant economic impact on a substantial number of 
small entities.

Assistance for Small Entities

    Under the 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121, we want to assist small entities 
in understanding the rule so that they can better evaluate its effects 
on them and participate in the rulemaking process.

Collection of Information

    This 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 rule under Executive Order 13132 and have 
determined that this rule would not have implications for federalism 
under that Order. No comments were received with regards to federalism 
during NPRM comment period.

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 rule would not impose an unfunded mandate. No 
comments were received with regards to unfunded mandates during NPRM 
comment period.

Taking of Private Property

    This rule would not effect a taking of private property or 
otherwise have taking implications under E.O. 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights. No comments were received with regards to the taking of private 
property during NPRM comment period.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate 
ambiguity, and reduce burden. No comments were received with regards to 
the taking of private property during NPRM comment period.

Protection of Children

    We have analyzed this rule under E.O. 13045, Protection of Children 
from Environmental Health Risks and Safety Risks. This rule is not an 
economically significant rule and does not concern 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.

Environment

    We considered the environmental impact of this rule and concluded 
that, under figure 2-1, paragraph (32)(e), of Commandant Instruction 
M16475.lC, this rule is categorically excluded from further 
environmental documentation. Bridge Administration Program actions that 
can be categorically excluded include promulgation of operating 
regulations or procedures for drawbridges. 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 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. 117.458, paragraphs (a) and (b) are redesignated 
paragraphs (b) and (c) and a new paragraph (a) is added to read as 
follows:


Sec. 117.458  Inner Harbor Navigation Canal, New Orleans.

    (a) The draws of the SR 46 (St. Claude Avenue) bridge, mile 0.5 
(GIWW mile 6.2 East of Harvey Lock), the SR 39 (Judge Seeber/Claiborne 
Avenue) bridge, mile 0.9 (GIWW mile 6.7 East of Harvey Lock), and the 
Florida Avenue bridge, mile 1.7 (GIWW mile 7.5 East of Harvey Lock), 
shall open on signal; except that, from 6:45 a.m. to 8:30 a.m. and from 
4:45 p.m. to 6:45 p.m., Monday through Friday, except federal holidays, 
the draws need not open for the passage of vessels. The draws shall 
open at any time for a vessel in distress.
* * * * *

    Dated: May 2, 2001.
Paul J. Pluta,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District
[FR Doc. 01-12238 Filed 5-15-01; 8:45 am]
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