[Federal Register Volume 70, Number 75 (Wednesday, April 20, 2005)]
[Rules and Regulations]
[Pages 20469-20471]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-7900]


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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: Final rule.

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SUMMARY: The Coast Guard is changing 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 
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: This rule is effective May 20, 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 [CGD08-05-003] 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 January 28, 2005, we published a notice of proposed rulemaking 
(NPRM) entitled, ``Drawbridge Operation Regulation; Gulf Intracoastal 
Waterway, Houma, LA,'' in the Federal Register (70 FR 4074). We 
received four 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 Terrebonne Parish Council, is modifying

[[Page 20470]]

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 Comments and Changes

    Four letters were received with regards to the NPRM. Oil States 
Industries in Houma wrote in support of the changes. The Terrebonne 
Parish Council wrote in support of the changes. The National Resources 
Conservation Service offered no comments. Trico Marine Operators wrote 
in support of the changes but suggested that the words ``except Federal 
holidays'' be eliminated, as many private entities do not observe some 
or all of these Federal holidays. 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 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 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 (Pub. L. 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 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

[[Page 20471]]

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 modifying the 
existing drawbridge operation regulation for a benefit of all modes of 
transportation. 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 (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: April 8, 2005.
R.F. Duncan,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 05-7900 Filed 4-19-05; 8:45 am]
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