[Federal Register Volume 66, Number 201 (Wednesday, October 17, 2001)]
[Rules and Regulations]
[Pages 52686-52687]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-26149]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD08-01-003]
RIN 2115-AE47


Drawbridge Operating Regulation; Terrebonne Bayou, LA

AGENCY: Coast Guard, DOT.

ACTION: Final Rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is changing the operating schedule for the 
Howard Avenue bridge across Terrebonne Bayou, mile 35.0, at Houma, 
Terrebonne Parish, LA. The rule establishes the same operating schedule 
for this bridge as the Daigleville Bridge, mile 35.5, 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 the 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: This rule is effective November 16, 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

    The Coast Guard published a notice of proposed rulemaking on March 
19, 2001 (66 FR 15373). The proposed rule would have permitted the 
draws of the S3087 bridge, the Howard Avenue bridge, and the 
Daigleville bridge to open on signal if at least four hours notice were 
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.
    Two letters were received in response to the public notice. The 
Louisiana Department of Agriculture offered no comments. Mr. Richard 
Block of the Gulf Coast Mariners Association stated that the changes 
requested would adversely impact commercial businesses and commercial 
vessel traffic in the area. Comments received prompted the Coast Guard 
to reevaluate the proposal. The response letters were forwarded to the 
Louisiana Department of Transportation and Development (LDOTD) for 
their reevaluation.
    LDOTD responded to the Coast Guard with a new proposal. They 
determined that the special operating regulations for the S3087 bridge 
and the Daigleville bridge would remain unchanged and they would only 
request a change to the operation of the Howard Avenue Bridge. They 
requested that the Howard Avenue bridge be operated on the same 
schedule as the Daigleville bridge which is 0.5 miles upstream of the 
Howard Avenue bridge.
    The Coast Guard published a supplemental notice of proposed 
rulemaking in the Federal Register on July 12, 2001 (66 FR 36525). The 
proposed rule would place this bridge on the same operating schedule as 
the Daigleville Bridge, mile 35.5, to facilitate the flow of vehicular 
traffic during rush hours while still meeting the reasonable needs of 
navigation.

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 man 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. 33 
CFR 117.505 governs the S3087 and Daigleville Bridges. DOTD wanted to 
include the Howard Avenue Bridge in a new regulation placing all three 
bridges under the same operating schedule. Currently, the Howard Avenue 
Bridge opens on signal at any time for the passage of vessels. Due to a 
comment in response to the NPRM, DOTD revised their request to have the 
Howard Avenue bridge placed on the same schedule as the Daigleville 
bridge. The SR 3087 bridge will remain on its existing schedule.

Discussion of Comments and Changes

    Two responses were received for the NPRM. One response was received 
from the Supplemental Notice of Proposed Rulemaking. The National 
Marine Fisheries Service offered no comments. No public hearing was 
requested, none was held and 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, 
1979).
    We expect 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 commercial fishing vessels ample opportunity to 
transit this waterway before and after the peak vehicular traffic 
period that occurs between 7 a.m. and 8:30 a.m. and 4:30 p.m. and 6 
p.m. according to the vehicle traffic surveys.

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 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,

[[Page 52687]]

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 the NPRM or SNPRM comment periods.

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 the 
NPRM or SNPRM comment periods.

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 the NPRM or SNPRM comment periods.

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 the NPRM or SNPRM comment 
periods.

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 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 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 considered the environmental impact of this rule and concluded 
that, under figure 2-1, paragraph (32)(e), of Commandant Instruction 
M16475.ID, 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 amends 
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 revised to read as follows:


Sec. 117.505  Terrebonne Bayou.

* * * * *
    (d) The draws of the Howard Avenue bridge, mile 35.0, and the 
Daigleville bridge, mile 35.5, at Houma, shall open on signal; except 
that, the draws need not open for the passage of vessels Monday through 
Friday, except holidays from 7 a.m. to 8:30 a.m. and 4:30 p.m. to 6 
p.m. From 10 p.m. to 6 a.m., the draws shall open on signal if at least 
four hours notice is given.
* * * * *

    Dated: October 5, 2001.
Roy J. Casto,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 01-26149 Filed 10-16-01; 8:45 am]
BILLING CODE 4910-15-U