[Federal Register Volume 69, Number 70 (Monday, April 12, 2004)]
[Rules and Regulations]
[Pages 19103-19105]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-8201]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD08-03-049]
RIN 1625-AA09


Drawbridge Operation Regulation; Belle River, Belle River, LA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is temporarily changing 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 will allow the bridge operations to be adjusted to facilitate 
the relocation of the tender's house. The final rule will be in effect 
for eight months from May 15, 2004, to January 15, 2005.

DATES: This rule is effective from May 15, 2004 to January 15, 2005.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket CGD8-03-049 and are available for inspection or 
copying at 500 Poydras Street, Room 1313, New Orleans, Louisiana 70130-
3310 between 7 a.m. and 3 p.m., Monday through Friday, except Federal 
holidays. The telephone number is 504-589-2965. The Commander, Eighth 
Coast Guard District, Bridge Administration Branch maintains the public 
docket for this rulemaking.

FOR FURTHER INFORMATION CONTACT: Mr. David Frank, Bridge Administration 
Branch, at (504) 589-2965.

SUPPLEMENTARY INFORMATION: 

Regulatory History

    On January 9, 2004, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation

[[Page 19104]]

Regulations; Belle River, Belle River, LA in the Federal Register (69 
FR 1554). We received one letter regarding the NPRM and that letter 
offered no comments or objections. No public meeting was requested, and 
none was held.

Background and Purpose

    The Coast Guard, at the request of the Louisiana Department of 
Transportation and Development (LDOTD), issued a Notice of Proposed 
Rulemaking on January 9, 2004 to temporarily change the operation 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 final 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.
    The final rule requires 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 advance 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 unnecessarily inconveniencing the mariners transiting the 
waterway. An alternate route is available via the Morgan City to Port 
Allen Alternate Route. This final rule will be in effect for 8 months.

Discussion of Comments and Changes

    There were no comments received regarding the proposed change, 
therefore; no changes to the proposal were made and no changes have 
been incorporated into the Final Rule.

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 Homeland 
Security (DHS).
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation under the regulatory policies and procedures 
of DHS is unnecessary.
    This rule requires advance notification during the evening and 
night hours of operation of the bridge and on weekends. A review of the 
bridge log indicates that minimal requests to open the bridge during 
these periods have been made in the past, and there is no indication 
that there will be a future increase.
    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this final 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 final 
rule would not have a significant economic impact on a substantial 
number of small entities. This proposed final 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.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. No 
requests for assistance were received pursuant to this rule change.

Collection of Information

    This rule calls 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 will 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 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

[[Page 19105]]

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 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.lD, 
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.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

0
For the reasons set out in the preamble, the Coast Guard is amending 
Part 117 of Title 33, Code of Federal Regulations as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
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.

0
2. From May 15, 2004, to January 15, 2005, Sec.  117.424 is suspended 
and a new Sec.  117.T426 is added to read as follows:


Sec.  117.T426  Belle River.

    The draw of the 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: April 5, 2004.
R.F. Duncan,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 04-8201 Filed 4-9-04; 8:45 am]
BILLING CODE 4910-15-P