[Federal Register Volume 67, Number 35 (Thursday, February 21, 2002)]
[Proposed Rules]
[Pages 7989-7990]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-4207]



[[Page 7989]]

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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD08-02-003]
RIN 2115-AE47


Drawbridge Operation Regulation; Pelican Island Causeway, 
Galveston Channel, TX

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to modify the existing drawbridge 
operation regulation for the draw of the Pelican Island Causeway bridge 
across Galveston Channel, at Galveston, Texas. The modification will 
allow for the morning closure period to be moved 20 minutes earlier to 
better align with the automobile traffic that crosses the bridge. This 
rule also clarifies the mile mark for the location of the drawbridge.

DATES: Comments and related material must reach the Coast Guard on or 
before April 22, 2002.

ADDRESSES: You may mail comments to Commander (obc), 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 
3 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

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (CGD08-02-
003) indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know 
that they reached us, 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 them.

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

    Presently, the draw of the Pelican Island Causeway bridge, 
Galveston Channel mile 4.5 (GIWW mile 356.1), at Galveston, Texas, 
shall open on signal; except that, from 7 a.m. to 8:30 a.m., 12 noon to 
1 p.m., and 4:15 p.m. to 5:15 p.m. Monday through Friday, except 
Federal holidays, the draw need not be opened for passage of vessels. 
Public vessels of the United States and vessels in distress shall be 
passed at any time. The bridge owner has requested to modify the 
morning bridge closure periods to allow the bridge to remain closed to 
navigation from 6:40 a.m. until 8:10 a.m. vice 7 a.m. to 8:30 a.m. 
Approximately 4,000 vehicles cross the bridge in each direction daily. 
The adjustment to the morning closure times reflects changes to align 
the closure periods with the work times of the businesses located on 
the island. The bridge has been observing the morning closure times of 
6:40 a.m. to 8:10 a.m. for several years without properly codifying the 
times in the regulation. This change will reflect the actual times the 
bridge remains closed in the morning hours.
    Additionally, by this rulemaking, the Coast Guard plans to clarify 
the published location of the bridge in the Code of Federal 
Regulations. In 33 CFR 117.977, the section heading is for Galveston 
Channel. The mile mark for the bridge in that section, 356.1, is for 
the GIWW. The bridge is actually located at mile 4.5 of the Galveston 
Channel. This rulemaking will clarify the mile mark for the bridge by 
including both the Galveston Channel mile mark and the GIWW mile mark.

Discussion of Proposed Rule

    The proposed rule would modify the existing regulation in 33 CFR 
117.977 to more accurately reflect those times when the bridge does not 
open for marine traffic in the morning. The change will now allow the 
Pelican Island Causeway bridge to remain closed to navigation from 6:40 
a.m. to 8:10 a.m. vice the presently published times of 7 a.m. to 8:30 
a.m. The draw will continue to open at any time for public vessels of 
the United States and vessels in distress.
    The Coast Guard believes that allowing the modification to the 
morning closure time periods is reasonable and will still meet the 
needs of navigation. This conclusion is based upon the fact that these 
times are already being used and no complaints have been received from 
mariners.

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).
    We expect 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 vessels ample opportunity to transit this 
waterway with proper notification before and after the peak vehicular 
traffic periods. Vessels have been operating in accordance with the 
proposed morning closure period of 6:40 a.m. to 8:10 a.m. without 
complaint or significant impact. According to the vehicle traffic 
surveys, the public at large is better served by closure times between 
6:40 a.m. and 8:10 a.m.

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.

[[Page 7990]]

    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 small businesses and vessels transiting the Galveston Channel 
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 (Pub. L. 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

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct cost of compliance on them. 
We have analyzed this proposed rule under Executive Order 13132 and 
have determined that this proposed rule 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 proposed rule would not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This proposed 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 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.

Indian Tribal Governments

    This proposed 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.
    To help the Coast Guard establish regular and meaningful 
consultation and collaboration with Indian and Alaskan Native tribes, 
we published a notice in the Federal Register (66 FR 36361, July 11, 
2001) requesting comments on how to best carry out the Order. We invite 
your comments on how this proposed rule might impact tribal 
governments, even if that impact may not constitute a ``tribal 
implication'' under the Order.

Energy Effects

    We have analyzed this proposed 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

    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.lD, 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. Sec. 117.977 is revised to read as follows:


Sec. 117.977  Pelican Island Causeway, Galveston Channel.

    The draw of the Pelican Island Causeway bridge across Galveston 
Channel, mile 4.5 of the Galveston Channel, (GIWW mile 356.1) at 
Galveston, Texas, shall open on signal; except that, from 6:40 a.m. to 
8:10 a.m., 12 noon to 1 p.m., and 4:15 p.m. to 5:15 p.m. Monday through 
Friday except Federal holidays, the draw need not be opened for passage 
of vessels. Public vessels of the United States and vessels in distress 
shall be passed at any time.

    Dated: February 5, 2002.
Roy J. Casto,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 02-4207 Filed 2-20-02; 8:45 am]
BILLING CODE 4910-15-P