[Federal Register Volume 69, Number 221 (Wednesday, November 17, 2004)]
[Proposed Rules]
[Pages 67294-67296]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25490]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD08-04-042]
RIN 1625-AA09


Drawbridge Operation Regulation; Gulf Intracoastal Waterway, 
Cypremort, 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 State Route 319 (Louisa) bridge across the Gulf 
Intracoastal Waterway, mile 134.0 west of Harvey Lock, near Cypremort, 
Louisiana. A new high-level, double-leaf bascule bridge that will 
require limited openings is replacing the low-level swing bridge across 
the waterway. This proposed regulation change would remove the 
regulation governing the to-be-removed bridge and replace it with a 
regulation for the operation of the new bascule bridge.

DATES: Comments and related material must reach the Coast Guard on or 
before January 18, 2005.

ADDRESSES: You may mail comments and related material to Commander 
(obc), Eighth Coast Guard District, 500 Poydras Street, New Orleans, 
Louisiana 70130-3310. 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: David Frank, Bridge Administration 
Branch, 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 (CGD08-04-
042),

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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 the State of Louisiana, 
Department of Transportation and Development (LDOTD), and supported by 
the Port of West St. Mary, proposes to establish a schedule of 
operation for the new SR 319 movable bridge and eliminate the schedule 
of operation of the old SR 319 bridge. Currently, the bridge opens on 
signal; except that from 15 August to 5 June, the draw need not be 
opened from 6:55 to 7:10 a.m. and from 3:50 to 4:10 p.m. Monday through 
Friday except holidays.
    The new bridge is presently under construction and should be 
completed by the end of January 2005. Upon completion of the new bridge 
and the relocation of traffic to the new bridge, the old bridge will be 
removed. Removal of the old bridge should be completed within 90 days 
after the new bridge has been opened to traffic. The existing 
regulation will no longer be required.
    The new bridge will provide mariners with 73 feet of vertical 
clearance above mean high water in the closed to navigation position. 
The new bridge will only be required to open for vessels with vertical 
clearances of greater than 73 feet. Gulf Intracoastal Waterway bridges 
to the east and to the west of this bridge are fixed bridges providing 
only 73 feet of vertical clearance. Only vessels wishing to transit to 
the Port of West St. Mary will require openings as this facility is 
currently the only facility or waterway between the SR 319 bridge at mm 
134.0 and the Bayou Sale bridge at mm 113.0.
    In an effort to assess and accurately determine the opening 
requirements of the new bridge, LDOTD supplied opening data for the 
present bridge and identified the number of openings that would have 
been required if the new bridge with 73 feet of vertical clearance were 
operating. In 2003, the existing bridge opened for the passage of 
vessels approximately 12,800 times. During that time period, the new 
bridge would have been required to open for marine traffic three times. 
Through mid-October of 2004, the existing bridge opened for the passage 
of vessels approximately 11,000 times. In 2004, during the final phases 
of construction of the new bridge (with the bascule leaves for the new 
bridge in place), vessels transiting the waterway only required 5 
openings.
    Based upon the existing statistics for bridge openings and the 
limited number of openings that will be required for the passage of 
traffic for the new bridge, LDOTD has requested that the new bridge be 
required to open on signal if at least 24-hours advanced notice is 
given. The Port of West St. Mary is the only facility known to be 
affected by the new advanced notice requirement. They have stated by 
letter that this requirement is reasonable and have no objections.
    Navigation at the site of the bridge consists primarily of tugboats 
with barges. Alternate routes to the Port of West St. Mary are not 
available to marine traffic requiring vertical clearances of greater 
than 73 feet.

Discussion of Proposed Rule

    The proposed rule change to 33 CFR 117.451.d would require the SR 
319 (Louisa) bridge across the Gulf Intracoastal Waterway, mile 134.0, 
near Cypremort to open on signal if at least 24-hours' notice is given. 
This change would allow for the unimpeded flow of all vessels with 
vertical clearance requirements of less than 73 feet while providing 
for vessels with vertical clearances of greater than 73 feet.

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 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 provides advanced notification of opening 
requirements for vessels wishing to transit to the Port of West St. 
Mary. The facility has no objections to the requirement as vessel 
arrivals and departures are scheduled and the advanced notification 
requirement of the bridge will not affect these vessel movements.

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 the following 
entities: The owners or operators of vessels with vertical clearance 
requirements of greater than 73 feet.
    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 (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. The Coast Guard will 
not retaliate against small entities that question or complain about 
this rule or any policy or action of the Coast Guard.

Collection of Information

    This proposed rule would call for no new collection of information 
under the

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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 proposed 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 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. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed 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 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 
proposed rule will alter the normal operating conditions of the 
drawbridges, 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. In Sec.  117.451, paragraph (d) is revised to read as follows:


Sec.  117.451  Gulf Intracoastal Waterway.

* * * * *
    (d) The draw of the SR 319 (Louisa) bridge across the Gulf 
Intracoastal Waterway, mile 134.0, near Cypremort, shall open on signal 
if at least 24 hours notice is given.
* * * * *

    Dated: November 8, 2004.
J.W. Stark,
Captain, U. S. Coast Guard, Acting Commander, 8th Coast Guard Dist.
[FR Doc. 04-25490 Filed 11-16-04; 8:45 am]
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