[Federal Register Volume 68, Number 159 (Monday, August 18, 2003)]
[Proposed Rules]
[Pages 49393-49395]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-21088]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD08-03-030]
RIN 1625-AA09


Drawbridge Operation Regulations; Inner Harbor Navigation Canal, 
New Orleans, LA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to change the regulation governing 
the operation of the SR 46 (St. Claude Avenue) bridge, mile 0.5 (Gulf 
Intracoastal Water Way (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. New traffic studies indicate that 
rush hour vehicular traffic has increased congestion across all three 
bridges. This proposed regulation change would increase the time that 
the bridges would be open to vehicular traffic (closed to vessel 
traffic) by 15 minutes in the morning and afternoon and begin the 
afternoon closure one hour and 15 minutes earlier.

DATES: Comments and related material must reach the Coast Guard on or 
before October 17, 2003.

ADDRESSES: You may mail comments and related material to Commander 
(obc), Eighth Coast Guard District, 501 Magazine Street, New Orleans, 
Louisiana 70130-3396. 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 office between 7 a.m. and 3 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Ms. Kay Wade, Bridge Administration 
Branch, 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 [CGD08-03-
030], 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 
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 meeting by writing to Commander, Eighth Coast Guard 
District, Bridge Administration Branch at the address under ADDRESSES 
explaining why one would be beneficial. If we determine that one would 
aid this rulemaking, we will hold one at a time and place announced by 
a later notice in the Federal Register.

Background and Purpose

    The U.S. Coast Guard, at the request of a state representative and 
the owner of two of the three bridges crossing the Inner Harbor 
Navigation Canal in New Orleans, Orleans Parish, Louisiana, proposes to 
change the times of the existing drawbridge operation regulation. 
Currently, all three bridges remain closed to navigation and open to 
vehicular traffic during the morning and afternoon commuter rush hours. 
The SR 46 (St. Claude Avenue) bascule span highway bridge at mile 0.5, 
the SR 39 (Judge Seeber/Claiborne Avenue) vertical lift span highway 
bridge at mile 0.9, and the Florida Avenue bascule span highway and 
railroad bridge at mile 1.7 are governed by 33 CFR 117.458, which 
states that the draw of these three bridges 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.
    In an effort to reassess and accurately determine the needs of the 
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 Port of New Orleans hired Urban Systems to 
perform a new traffic study. The March 2003 traffic study revealed the 
average peak periods for vehicular traffic crossing the SR 46 (St. 
Claude Avenue) and the Florida Avenue bridges are from 6:30 a.m. to 
8:30 a.m. and from 3:30 p.m. to 5:45 p.m. This marks a shift from the 
peak traffic times currently reflected in the regulation that was based 
on a traffic study completed in October 1999.
    Traffic counts for the SR 39 (Judge Seeber/Claiborne Avenue) bridge 
were not conducted. However, the Claiborne Avenue bridge is located in 
close proximity to the other two bridges and is expected to exhibit 
similar traffic patterns. The Claiborne Avenue bridge provides a 
vertical clearance of 40 feet above Mean High Water in the closed to 
navigation position and is therefore expected to have less impact on 
vessel traffic than the other two bridges.
    A review of the bridge tender logs revealed that adjusting the 
marine traffic closures to coordinate with vehicular rush hour traffic 
should not significantly impact the flow of marine traffic.
    Allowing the bridges to remain closed to marine traffic during 
times that coincide with the heaviest vehicular traffic counts would 
help to relieve the morning and afternoon rush hour commuter traffic 
congestion across the bridges while having minimal impact on vessel 
traffic.

Discussion of Proposed Rule

    The proposed rule change to 33 CFR 117.458 would allow the bridges 
across the Inner Harbor Navigation Canal in New Orleans, Louisiana, at 
mile 0.5, 0.9, and 1.7 to remain closed to navigation beginning at 6:30 
a.m. instead of 6:45 a.m. and remain closed until 8:30 a.m. In the 
afternoon, the closure time would begin earlier at 3:30 p.m. and end at 
5:45 p.m. instead of 6:45 p.m. These changes would more closely 
coincide with peak rush hour traffic.

Regulatory Evaluation

    This proposed 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

[[Page 49394]]

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 Homeland Security.
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation under the regulatory policies 
and procedures of DHS is unnecessary.
    This proposed rule adds 15 minutes to the existing drawbridge 
operating regulation and shifts the afternoon closure time up by one 
hour and 15 minutes. A review of the bridge logs for these three 
bridges indicates that minimal requests to open the bridges during 
these periods have been made in the past, and there is no indication 
that there will be a future increase.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
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. This proposed rule would affect a limited 
number of small entities. These entities include the owners or 
operators of vessels needing to transit the Inner Harbor Navigation 
Canal between mile 0.5 and mile 1.7 from 6:30 a.m. to 8:30 a.m. and 
from 3:30 p.m. to 5:45 p.m. on weekdays.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this 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 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 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact the Eighth Coast Guard District 
Bridge Administration Branch 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 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 proposed 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 proposed rule will 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 rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
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.

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 have analyzed this rule under Commandant Instruction M16475.1D, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors in this case that would limit 
the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraph (32)(e), of the Instruction, from further 
environmental documentation. Paragraph (32)(e) excludes the 
promulgation of operating regulations or procedures for drawbridges 
from the environmental documentation requirements of NEPA. Since this 
rule will alter the normal operating conditions of the drawbridges, it 
falls within this exclusion. A final ``Environmental Analysis Check 
List'' and a final ``Categorical Exclusion Determination'' are 
available in the docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

    1. The authority citation for part 117 continues to read as 
follows:


[[Page 49395]]


    Authority: 33 U.S.C. 499; Department of Homeland Security 
Delegation No. 0170.1; 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, paragraph (a) is revised 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 6:30 a.m. to 8:30 a.m. and from 
3:30 p.m. to 5:45 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: August 6, 2003.
R.F. Duncan,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 03-21088 Filed 8-15-03; 8:45 am]
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