[Federal Register Volume 67, Number 203 (Monday, October 21, 2002)]
[Proposed Rules]
[Pages 64580-64582]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-26717]


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

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD08-02-022]
RIN 2115-AE47


Drawbridge Operation Regulation; Gulf Intracoastal Waterway, LA

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to modify the existing drawbridge 
operation regulation for the draw of the Bayou Dularge bridge across 
the Gulf Intracoastal Waterway, mile 59.9 at Houma, Terrebonne Parish, 
Louisiana. The modification will allow for the morning closure period 
to be increased by 15 minutes to facilitate the movement of high 
volumes of vehicular traffic across the bridge during peak traffic 
hours.

DATES: Comments and related material must reach the Coast Guard on or 
before December 20, 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 by appointment at the Bridge 
Administration Branch,

[[Page 64581]]

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-
022), 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 
81/2 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 one 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 existing drawbridge operating regulations at 33 CFR 117.451(c) 
requires the draw of the Bayou Dularge bridge, mile 59.9, at Houma, to 
open on signal; except that, the draw need not be opened for the 
passage of vessels Monday through Friday except holidays from 6:45 a.m. 
to 8:30 a.m. and from 4:30 p.m. to 6 p.m.
    The bridge owner requested a modification to the morning closure 
period to allow the bridge to remain closed to navigation from 6:30 
a.m. until 8:30 a.m. vice 6:45 a.m. to 8:30 a.m. Approximately 21,000 
vehicles cross the bridge daily, 10% of which cross the bridge during 
the requested closure times. The adjustment to the morning closure time 
reflects a change to align the closure periods with the times of the 
heaviest commuter traffic. The bridge averages 325 openings a month. 
The requested 15-minute closure increase in the morning will delay 
approximately 7 additional tows a month. In a 17-day review period in 
July 2002, four tows requiring bridge openings were delayed during the 
requested additional time period. The average length of a bridge 
opening is less than five minutes, delaying an average of 90 vehicles 
per opening. Based upon our review of the documentation provided by the 
bridge owner, the closure of an additional 15 minutes in the morning 
will have a minimal affect on vessels wishing to transit the waterway.
    Additionally, by this rulemaking, the Coast Guard plans to reinsert 
the word ``Monday'' into the rule. The word was omitted in previous 
editions of the Code of Federal Regulations. This proposed rulemaking 
will clarify the days when the special operation regulation is in 
effect.

Discussion of Proposed Rule

    The proposed rule would modify the existing regulation in 33 CFR 
117.451(c) to facilitate the movement of high volumes of vehicular 
traffic across the bridge during peak traffic hours. The change would 
allow the Bayou Dularge bridge to remain closed to navigation from 6:30 
a.m. to 8:30 a.m. vice the presently published times of 6:45 a.m. to 
8:30 a.m. The regulation will also state that it is in effect Monday 
through Friday except holidays.

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. According to the vehicle traffic surveys, the public 
at large is better served by closure times between 6:30 a.m. and 8:30 
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.
    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 would affect the following 
entities, some of which might be small entities: the owners and 
operators of vessels needing to transit the bridge from 6:30 a.m. to 
6:45 a.m. on weekdays. From traffic and vessel counts it is estimated 
that only an additional 7 tows per month will be delayed by the 
fifteen-minute extension to the morning closure. This is not considered 
to have a significant 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

    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.

[[Page 64582]]

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

    We 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.

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. Section 117.451(c) is revised to read as follows:


Sec.  117.451  Gulf Intracoastal Waterway.

* * * * *
    (c) The draw of the Bayou Dularge bridge, mile 59.9, at Houma, 
shall open on signal; except that, the draw need not open for the 
passage of vessels Monday through Friday except holidays from 6:30 a.m. 
to 8:30 a.m. and from 4:30 p.m. to 6 p.m.
* * * * *

    Dated: October 9, 2002.
Roy J. Casto,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 02-26717 Filed 10-18-02; 8:45 am]
BILLING CODE 4910-15-P