[Federal Register Volume 67, Number 99 (Wednesday, May 22, 2002)]
[Rules and Regulations]
[Pages 35901-35903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12732]


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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: Final Rule.

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SUMMARY: The Coast Guard is changing 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: This rule is effective June 21, 2002.

ADDRESSES: Comments and materials received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket CGD8-02-003 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.

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

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On February 21, 2002, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulation, Pelican Island 
Causeway, Galveston Channel, TX in the Federal Register (67 FR 7989). 
We received one response commenting on the proposed rule. No public 
hearing was requested, and none was held.

[[Page 35902]]

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 Comments and Changes

    One response was received in response to the Federal Register 
notice and the Public Notice. The Gulf Intracoastal Canal Association 
had no objections to the proposed change.

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 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 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 vessels ample opportunity to transit this waterway 
with proper notification before and after the peak vehicular traffic 
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.
    This rule will not have a significant impact on the number of small 
entities because the bridge has been operating on this revised schedule 
for several years.

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 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 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 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 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. It has not been designated by the

[[Page 35903]]

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 have considered the environmental impact of this rule and 
concluded that, under figure 2-1, paragraph 32(e), of Commandant 
Instruction M16475.lD, this rule is categorically excluded from further 
environmental documentation. This final rule only involves the 
operation of an existing drawbridge and will not have any impact on the 
environment. 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 amends 33 
CFR part 117 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. Section 117.977 is revised to read as follows:


 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: May 9, 2002.
Roy J. Casto,
Rear Admiral, Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 02-12732 Filed 5-21-02; 8:45 am]
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