[Federal Register Volume 70, Number 18 (Friday, January 28, 2005)]
[Proposed Rules]
[Pages 4074-4076]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-1654]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD08-05-003]
RIN 1625-AA09


Drawbridge Operation Regulation; Gulf Intracoastal Waterway, 
Houma, LA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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[[Page 4075]]

SUMMARY: The Coast Guard proposes to change the regulation governing 
the operation of the SR 315 (Bayou Dularge) bascule bridge across the 
Gulf Intracoastal Waterway, mile 59.9 west of Harvey Lock, in Houma, 
Louisiana. An increase in traffic during the noontime time period has 
facilitated a request to allow the bridge to remain closed to 
navigation for two (2), 30-minute periods in the middle of the day. 
These closures will allow local workers to transit the area with 
minimal delays during the noontime lunch period.

DATES: Comments and related material must reach the Coast Guard on or 
before March 29, 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 [CGD08-05-
003], 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 Terrebonne Parish Council, proposes to modify the existing 
operating schedule of the SR 315 (Bayou Dularge) bascule bridge across 
the Gulf Intracoastal Waterway, mile 59.9 west of Harvey Lock, in 
Houma, Terrebonne Parish, Louisiana. The modification of the existing 
regulations will allow the bridge to remain closed to navigation for 
two (2), 30-minute periods in the middle of the day to allow for local 
workers to transit the area with minimal delays during the noontime 
lunch period.
    Currently, the bridge opens on signal; except that, the draw need 
not open for the passage of vessels Monday through Friday except 
Federal holidays from 6:30 a.m. to 8:30 a.m. and from 4:30 p.m. to 6 
p.m.
    Approximately 11,500 vehicles cross the bridge daily, 7% of which 
cross the bridge during the requested noon closure times. The bridge 
averages 288 openings a month. The requested two (2), 30-minute 
closures will delay approximately 35 additional tows a month for a 
maximum of 30 minutes. The average length of a bridge opening is 
approximately seven minutes, delaying an average of 92 vehicles per 
opening during the noontime bridge openings.
    Navigation at the site of the bridge consists primarily of tugboats 
with barges. Alternate routes east and west through the bridge are not 
readily accessible; however, the bridge, in the closed-to-navigation 
position provides a vertical clearance of 40 feet above high water, 
elevation 3.8 feet Mean Sea Level.

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 noontime lunch periods. The change 
would allow the SR 315 (Bayou Dularge) bridge, mile 59.9 west of Harvey 
Lock, at Houma, to remain closed to navigation from 11:45 a.m. to 12:15 
p.m. and from 12:45 p.m. to 1:15 p.m. in addition to the presently 
published times of 6:30 a.m. to 8:30 a.m. and 4:30 p.m. to 6 p.m. 
Monday through Friday except Federal holidays.

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 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 the additional closure times during the 
noontime lunch periods.

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 and operators of vessels needing to transit the 
bridge from 11:45 a.m. to 12:15 p.m. and from 12:45 p.m. to 1:15 p.m. 
on weekdays.
    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

[[Page 4076]]

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


Sec.  117.451  Gulf Intracoastal Waterway.

* * * * *
    (c) The draw of the SR 315 (Bayou Dularge) bridge, mile 59.9 west 
of Harvey Lock, at Houma, shall open on signal; except that, the draw 
need not open for the passage of vessels Monday through Friday except 
Federal holidays from 6:30 a.m. to 8:30 a.m., from 11:45 a.m. to 12:15 
p.m., from 12:45 p.m. to 1:15 p.m. and from 4:30 p.m. to 6 p.m.
* * * * *

    Dated: January 13, 2005.
R.F. Duncan,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 05-1654 Filed 1-27-05; 8:45 am]
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