[Federal Register Volume 70, Number 125 (Thursday, June 30, 2005)]
[Rules and Regulations]
[Pages 37675-37677]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-12925]


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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: Final rule.

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SUMMARY: The Coast Guard is changing 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. This rule will 
allow the draw of the bridge to open on the hour during the predominant 
daylight hours, remain closed except for emergencies at night and 
remain closed to navigation at specific vehicular peak rush hour 
periods. This rule will allow for better coordination and facilitate 
movement of both vehicular and marine traffic at the bridge site due to 
an increase in commuter traffic Monday thru Friday.

DATES: This rule is effective August 1, 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 [CGD08-05-001] 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: Ms. Cindy Herrmann, Bridge 
Administration Branch, at (504) 589-2965.

SUPPLEMENTARY INFORMATION:

Regulatory History

    On March 1, 2005, we published a notice of proposed rulemaking 
(NPRM) entitled, ``Drawbridge Operation Regulation; Bayou La Batre, 
Bayou La Batre, AL,'' in the Federal Register (70 FR 3919). No comments 
were received regarding the proposed rule. No public meeting was 
requested, and none was held.

Background and Purpose

    The U.S. Coast Guard, at t[rparb]097he 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, is changing 
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, traffsic 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.
    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 Comments and Changes

    No comments were received in response to the NPRM Public Notice 04-
05 dated March 2, 2005.

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

[[Page 37676]]

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 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

[[Page 37677]]

under the authority of Pub. L. 102-587, 106 Stat. 5039.

0
2. Sec.  117.103 is revised to read as follows:


Sec.  117.103  Bayou La Batre.

    The draw of 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. Monday through Friday the draw will open on signal for the 
passage of vessels at 3:30 p.m. The bridge will remain closed to marine 
traffic from 8 p.m. to 4 a.m. daily except for emergencies.

    Dated: June 22, 2005.
Robert F. Duncan,
Rear Admiral, U. S. Coast Guard Commander, Eighth Coast Guard District.
[FR Doc. 05-12925 Filed 6-29-05; 8:45 am]
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