[Federal Register Volume 69, Number 6 (Friday, January 9, 2004)]
[Proposed Rules]
[Pages 1554-1556]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-386]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD08-03-049]
RIN 1625-AA09


Drawbridge Operation Regulations; Belle River, Belle River, LA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to temporarily change the regulation 
governing the operation of the State Route 70 pontoon drawbridge across 
Belle River, mile 23.8, near Belle River, Louisiana. The temporary 
change would allow the bridge operations to be adjusted to facilitate 
the relocation of the tender's house. The duration of the temporary 
change will be for eight months from the effective date of the 
temporary rule.

DATES: Comments and related material must reach the Coast Guard on or 
before March 9, 2004.

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: Mr. David Frank, 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-
049], 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 temporary 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.

[[Page 1555]]

Background and Purpose

    The Louisiana Department of Transportation and Development (LDOTD) 
plans to replace the bridge tender's house of the State Route 70 
pontoon drawbridge across Belle River (on the Gulf Intracoastal 
Waterway Morgan City to Port Allen Alternate Route (Landside Route)), 
mile 23.8, at Belle River, Louisiana. During construction of the bridge 
tender's house, vehicular traffic will be limited to one lane. Since 
the bridge tender's house will be removed and replaced, the tender will 
have no place to stay at night or during inclement weather. The 
proposed temporary rule allows for the continued operation of the 
bridge with minor changes to the operating schedule. Presently, 33 CFR 
117.424 requires that the draw of the S70 bridge, mile 23.8 (Landside 
Route) near Belle River, must open on signal; except that, from 10 p.m. 
to 6 a.m., the draw must open on signal if at least four hours notice 
is given. During the advance notice period, the draw must open on less 
than four hours notice for an emergency and open on demand should a 
temporary surge in waterway traffic occur.
    LDOTD indicates that approximately 60 vessels per month pass 
through the bridge site.

Discussion of Proposed Rule

    This proposed temporary rule would allow the bridge to continue to 
operate normally from 8 a.m. to 5 p.m. Monday through Friday while 
opening on signal with four hours notice at all other times. The 
advance notice requirement would affect marine traffic for an 
additional two hours in the mornings and five hours in the evenings. 
Additionally, mariners would be required to give advance notification 
on weekends. This proposed change allows for the replacement of the 
bridge tender's house while not significantly inconveniencing the 
mariners transiting the waterway. An alternate route is available via 
the Morgan City to Port Allen Alternate Route. This proposed temporary 
rule would become effective 30 days after the temporary rule is 
published and would be in effect for 8 months.

Regulatory Evaluation

    This proposed temporary 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 Homeland Security.
    We expect the economic impact of this proposed temporary rule to be 
so minimal that a full Regulatory Evaluation under the regulatory 
policies and procedures of DHS is unnecessary.
    Prior to proposing this temporary rule, the Coast Guard reviewed 
the project and determined that the additional advanced notification 
requirements during the repair work would have minimal impact on 
commercial vessel traffic. This proposed temporary rule allows vessels 
ample opportunity to transit this waterway during the normal workday 
and with notification at all other times. An alternate route is also 
available.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed temporary 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 
temporary rule would not have a significant economic impact on a 
substantial number of small entities. This proposed temporary rule 
would affect the following entities, some of which may be small 
entities: The owners or operators of vessels who need to transit 
through mile 23.8 on the Belle River (on the Gulf Intracoastal Waterway 
Morgan City to Port Allen Alternate Route (Landside Route)) from 5 p.m. 
to 8 a.m. nightly and all day on weekends. The impacts to small 
entities will not be significant because of the limited number of 
openings required by these vessels. Also the bridge may be opened 
during non-manned hours with prior notification.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this temporary 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 temporary 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 temporary rule so that they can 
better evaluate its effects on them and participate in the rulemaking. 
If the temporary 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 temporary 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 
temporary 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 temporary rule will not result in such 
an expenditure, we do discuss the effects of this temporary rule 
elsewhere in this preamble.

Taking of Private Property

    This proposed temporary 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 temporary 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 temporary rule under Executive Order 
13045, Protection of Children from Environmental Health Risks and 
Safety

[[Page 1556]]

Risks. This temporary 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 temporary 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 temporary 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 proposed temporary 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 proposed temporary 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 temporary rule will alter the normal 
operating schedule of the drawbridge, it falls within this exclusion.

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:

    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. Section 117.424 is suspended and a new temporary Sec.  117.T426 
is added to read as follows:

Sec.  117.T426  Belle River.

    The draw of S70 bridge, mile 23.8 (Landside Route) shall open on 
signal from 8 a.m. to 5 p.m., Monday through Friday. At all other 
times, the bridge will open on signal if at least four hours advance 
notice is given.

    Dated: December 22, 2003.
R.F. Duncan,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 04-386 Filed 1-8-04; 8:45 am]
BILLING CODE 4910-15-U