[Federal Register Volume 70, Number 34 (Tuesday, February 22, 2005)]
[Rules and Regulations]
[Pages 8515-8516]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-3381]



[[Page 8515]]

-----------------------------------------------------------------------

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: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is changing 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 has replaced the low-level swing bridge across 
the waterway. The regulation change removes the regulation governing 
the to-be-removed bridge and replaces it with a regulation for the 
operation of the new bascule bridge.

DATES: This rule is effective April 11, 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 (CGD08-04-042) and are available for inspection or 
copying at the office of the Eighth Coast Guard District, Bridge 
Administration Branch, 501 Magazine Street, New Orleans, Louisiana 
70130-3396, between 7 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays. The 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 November 17, 2004, we published a notice of proposed rulemaking 
(NPRM) entitled, ``Drawbridge Operation Regulation; Gulf Intracoastal 
Waterway, Cypremort, LA,'' in the Federal Register (69 FR 67294). We 
received two letters commenting on the proposed rule. No public meeting 
was requested, and none was held.

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 will open for traffic on April 10, 2005. When 
traffic is relocated to the new bridge, the old bridge will be 
maintained in the open to navigation position until it is removed. 
Removal of the old bridge should be completed within 90 days after the 
new bridge has been opened to traffic. The existing regulation for the 
old bridge is no longer required.
    The new bridge provides 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 Comments and Changes

    Two letters were received with regards to the NPRM. The U.S. Fish 
and Wildlife Service stated that the change would have no effect on 
resources. The National Marine Fisheries Service has no objections to 
the proposed change. Based upon this comments, no changes were made to 
the proposed regulation.

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).
    This rule allows vessels with vertical clearance requirements of 
greater than 73 feet ample opportunity to transit this waterway without 
delay if they provide 24-hours advanced notification of their vessel 
movement. The drawbridge will not restrict all other vessels.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this 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 rule will 
not have a significant economic impact on a substantial number of small 
entities.

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 rule so that they can better evaluate 
its effects on them and participate in the rulemaking process.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture

[[Page 8516]]

Regulatory Enforcement Ombudsman and the Regional Small Business 
Regulatory Fairness Boards. The Ombudsman evaluates these actions 
annually and rates each agency?s responsiveness to small business. If 
you wish to comment on actions by employees of the Coast Guard, call 1-
888-REG-FAIR (1-888-734-3247).

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 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. 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 rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

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. This final rule involves removal of the 
drawbridge operation regulation for a drawbridge that has been removed 
from service and placing a drawbridge operation regulation on a new 
high-level bascule drawbridge. It will not have any impact on the 
environment.

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. 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 west of Harvey Lock, near Cypremort, 
shall open on signal if at least 24 hours notice is given.
* * * * *

    Dated: February 10, 2005.
R.F. Duncan,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 05-3381 Filed 2-18-05; 8:45 am]
BILLING CODE 4910-15-P