[Federal Register Volume 70, Number 39 (Tuesday, March 1, 2005)]
[Proposed Rules]
[Pages 9895-9897]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-3919]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD08-05-001]
RIN 1625-AA09


Drawbridge Operation Regulation; Bayou La Batre, Bayou La Batre, 
AL

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 Highway 188 vertical lift span bridge, 
across Bayou La Batre, mile 2.3, at Bayou La Batre, Alabama. The 
proposed rule would allow the draw of the bridge to remain closed to 
navigation at specific vehicular peak rush hour time periods due to an 
increase in commuter traffic, Monday through Friday. This rule will 
allow for better coordination and facilitate movement of both vehicular 
and marine traffic at the bridge site.

DATES: Comments and related material must reach the Coast Guard on or 
before May 2, 2005.

[[Page 9896]]


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: Cindy Herrmann, 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-
001], 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 Alabama Department of 
Transportation and supported by the Mayor of the City of Bayou La Batre 
and the Mobile County Public School System, proposes to change the 
times of the existing drawbridge operation regulation. Currently, the 
bridge opens on signal except that the draw need not be opened from 8 
p.m. to 4 a.m. daily, and from 6:30 to 8:30 a.m. and from 2 p.m. to 5 
p.m. Monday through Saturday except holidays.
    In an effort to assess and accurately determine the needs of the 
community, traffic counts and bridge tender logs were supplied by 
Alabama Department of Transportation. A review of the logs of 
drawbridge openings and traffic counts reveal that adjusting the marine 
traffic closures to coordinate with vehicular rush hour traffic should 
not significantly impact the flow of marine traffic. Allowing the 
bridge to remain closed to marine traffic during times that coincide 
with the heaviest vehicular traffic counts would help relieve the 
morning and afternoon rush hour commuter traffic congestion across the 
bridge while having minimal impact on vessel traffic. The Coast Guard 
will evaluate public comment to determine if the proposed special 
drawbridge operating regulation is warranted.
    Navigation at the site of the bridge consists primarily of 
recreational pleasure craft, fishing vessels, crew boats and tugboats 
with barges. Alternate routes are not available to marine traffic.

Discussion of Proposed Rule

    The proposed rule change to 33 CFR 117.103 would allow the bridge 
across Bayou La Batre, mile 2.3, in Bayou La Batre, Alabama to remain 
closed to navigation, from 8 p.m. to 4 a.m. daily, except for 
emergencies. The bridge will open on the hour daily, Monday through 
Sunday, between 4 a.m. and 8 p.m. except as otherwise specified. Monday 
through Friday, the bridge will not open on the hours of 7 a.m., 3 
p.m., and 4 p.m., but will open on signal at 3:30 p.m. These changes 
would more closely coincide with peak rush hour traffic. The bridge 
will open as soon as possible for emergencies.

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 (DHS). 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 specific one hour closure periods in 
lieu of two hour closure periods at peak traffic times. The Alabama 
Department of Transportation and local government officials in 
coordination with local maritime interests agree that a specific 
operating schedule is warranted.

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 needing to transit the 
bridge from 4 a.m. to 8 p.m. daily and the facilities that operate 
above the bridge.
    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 Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).

Federalism

    A rule has implications for federalism under Executive Order 13132,

[[Page 9897]]

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 effect 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 (34)(e), of the Instruction, from further 
environmental documentation. Paragraph (34)(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 P. L. 102-587, 106 Stat. 5039.

    2. Sec.  117.103 is revised to read as follows:


Sec.  117.103  Bayou La Batre

    The draw of the SR 188 Bridge, mile 2.3, at Bayou La Batre, will 
open on signal every hour on the hour daily between 4 a.m. and 8 p.m., 
Monday through Sunday. The bridge need not open for the passage of 
vessels on the hours of 7 a.m., 3 p.m., and 4 p.m., Monday through 
Friday. An additional opening will be made at 3:30 p.m., Monday through 
Friday for the passage of vessels. The bridge will remain closed to 
marine traffic from 8 p.m. to 4 a.m. daily except for emergencies.

    Dated: February 15, 2005.
R.F. Duncan,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 05-3919 Filed 2-28-05; 8:45 am]
BILLING CODE 4910-15-P