[Federal Register Volume 79, Number 29 (Wednesday, February 12, 2014)]
[Rules and Regulations]
[Pages 8266-8269]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-03087]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2013-0562]
RIN 1625-AA09


Drawbridge Operation Regulation; Inner Harbor Navigational Canal, 
New Orleans, LA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is modifying the operating schedules that 
govern the US 90 (Danzinger) Bridge across the Inner Harbor 
Navigational Canal (IHNC), mile 3.1 and the Senator Ted Hickey (Leon C. 
Simon Blvd./Seabrook) bridge across the IHNC, mile 4.6, both at New 
Orleans, LA. This change allows for the safe navigation of vessels 
while reflecting the low volume of vessel traffic through the bridges 
thereby increasing efficiency of operations. The changes allow the 
bridges to operate in a manner that aligns the two operating schedules 
so the bridge owner will be able to use the same bridge crew personnel 
to operate both bridges with little to no effect on navigation through 
the bridges.

DATES: This rule is effective March 14, 2014.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2013-0562. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the

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Department of Transportation West Building, 1200 New Jersey Avenue SE., 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Jim Wetherington, Coast Guard; telephone 504-671-
2128, email [email protected]. If you have questions on 
viewing the docket, call Cheryl F. Collins, Program Manager, Docket 
Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
GIWW Gulf Intracoastal Waterway
IHNC Inner Harbor Navigation Canal
LDOTD Louisiana Department of Transportation and Development
NPRM Notice of Proposed Rulemaking
Sec.  Section Symbol
U.S.C. United States Code

A. Regulatory History and Information

    On October 23, 2013 we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulation; Inner Harbor 
Navigational Canal, New Orleans, LA in the Federal Register (78 FR 
63136) proposing the changes in the operating schedules for these two 
bridges. We also published a notice of temporary deviation from 
regulations; request for comments to run congruently with the NPRM, on 
October 22, 2013 (78 FR 62439). The temporary deviation served as a 
test period for the changes, allowing for public comment while the 
changes were in place. We received no comments on either action. No 
public meeting was requested, and none was held.

B. Basis and Purpose

    The Louisiana Department of Transportation and Development (LDOTD), 
on behalf of the Orleans Levee District, requested a change to the 
operating regulations for the US 90 (Danziger) and the Senator Ted 
Hickey (Leon C. Simon Blvd./Seabrook) bridges on the IHNC past the Gulf 
Intracostal Waterway (GIWW). The Coast Guard has approved this request. 
These changes allow LDOTD to operate these two bridges with the same 
personnel, thereby increasing the overall efficiency of operations on 
these bridges and ultimately reducing overall operational costs while 
allowing for improved transit through these bridges. This section of 
the IHNC is not on the GIWW and therefore has far fewer opening 
requests than the bridges over the GIWW.
    The US 90 (Danzinger) Bridge across the IHNC, mile 3.1, at New 
Orleans, Orleans Parish, Louisiana is a vertical lift bridge with a 
vertical clearance of 50 feet above Mean High Water (MHW), elevation 
5.0 Mean Sea Level (MSL), in the closed-to-navigation position and 120 
feet MHW, elevation 5.0 MSL, in the open-to-navigation position; it 
averaged nine openings per month in the last year. The Senator Ted 
Hickey (Leon C. Simon Blvd./Seabrook) Bridge across the IHNC, mile 4.6, 
at New Orleans, Orleans Parish, Louisiana is a bascule bridge with a 
vertical clearance of 46 feet above Mean High Water (MHW), elevation 
5.0 Mean Sea Level (MSL), in the closed-to-navigation position and 
unlimited in the open-to-navigation position; it averaged 32 openings a 
month in the past year.

C. Discussion of Comments, Changes and the Final Rule

    The Coast Guard provided a comment period of 60 days and received 
no comments on this regulatory action. One change to the regulatory 
text is made through this final rule for clarity. This change is 
regarding when a request for opening is required. The NPRM text states 
``the draw of the Senator Ted Hickey (Leon C. Simon Blvd./Seabrook) 
Bridge, mile 4.6, shall open on signal from 8 a.m. through 8 p.m. and 
from 8 p.m. through 8 a.m. if at least two hours notice is given; 
except that the draw need not be opened from 7 a.m. to 8:30 a.m. and 5 
p.m. to 6:30 p.m. Monday through Friday''. The corrected text states 
``the draw of the Senator Ted Hickey (Leon C. Simon Blvd./Seabrook) 
Bridge, mile 4.6, shall open on signal from 7 a.m. to 8 p.m.; except 
the bridge need not open from 7 a.m. to 8:30 a.m. and 5 p.m. to 6:30 
p.m. Monday through Friday. From 8 p.m. to 7 a.m., the draw shall open 
on signal if at least two hours notice is given''. This change of text 
corrects an overlap of time periods in the previous text and makes the 
rule clearer.
    The US 90 (Danzinger) Bridge, mile 3.1, has a current operating 
schedule under 33 CFR 117.458(b). The bridge shall open on signal; 
except that from 8 p.m. to 7 a.m. the draw shall open on signal if at 
least four hours notice is given, and the draw need not be opened from 
7 a.m. to 8:30 a.m. and 5 p.m. to 6:30 p.m. Monday through Friday. 33 
CFR 117.458(b) will now allow the Danzinger Bridge to open if two hours 
notice is given 24 hours a day; except the bridge need not open from 7 
a.m. to 8:30 a.m. and 5 p.m. to 6:30 p.m. Monday through Friday. This 
change allows for the safe navigation of vessels while reflecting the 
low volume of vessel traffic through this bridge thereby increasing 
efficiency of operations. The change also allows the bridges to operate 
in a manner that aligns it with the operating schedules of the bridges 
upstream so the bridge owner will be able to use the same bridge crew 
personnel to operate both of their bridges with little to no effect on 
navigation through the bridges.
    The Senator Ted Hickey (Leon C. Simon Blvd./Seabrook) Bridge has a 
current operating schedule under 33 CFR 117.458(c). The bridge will 
open on signal at all times but is allowed to remain closed from 7 a.m. 
to 8:30 a.m. and 5 p.m. to 6:30 p.m. Monday through Friday. 33 CFR 
117.458(c) will now allow the Senator Ted Hickey Bridge to open on 
signal from 7 a.m. to 8 p.m.; except the bridge need not open from 7 
a.m. to 8:30 a.m. and 5 p.m. to 6:30 p.m. Monday through Friday. From 8 
p.m. to 7 a.m., the draw shall open on signal if at least two hours 
notice is given. This change allows for the safe navigation of vessels 
while reflecting the low volume of vessel traffic through this bridge 
thereby increasing efficiency of operations. The change also allows the 
bridges to operate in a manner that aligns it with the operating 
schedules of the bridges upstream so the bridge owner will be able to 
use the same bridge crew personnel to operate both of their bridges 
with little to no effect on navigation through the bridges.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes or executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Order 12866 or under 
section 1 of Executive Order 13563. The Office of Management and Budget 
has not reviewed it under those Orders.
    This rule is not a significant regulatory action. This rule merely 
modified a currently existing regulation by adjusting the required time 
of notification necessary to request a bridge opening. Mariners passing 
through this area will be aware of the notification requirements and 
will be able to plan their transits accordingly

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and provide the proper notice if necessary.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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 received no comments from the Small Business 
Administration on this rule. 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.
    This final rule will affect the following entities, some of which 
might be small entities: The owners or operators of vessels needing to 
transit the Danzinger Bridge with less than two hours notice 24 hours a 
day and the owners or operators of vessels needing to transit the 
Senator Tom Hickey bridge between 8 p.m. to 7 a.m. on less than a two-
hour notice. No comments were received from any of these entities 
regarding this action. Due to the limited use of the non-GIWW section 
of the Inner Harbor Navigation Canal, and the lack of commentary 
contradicting the determination, it has been determined that there will 
be little affect on small entities.

3. 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. 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 person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    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). 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.

4. 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).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. 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 (adjusted for 
inflation) 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 this preamble.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

9. 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.

10. 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 create an 
environmental risk to health or risk to safety that might 
disproportionately affect children.

11. 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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

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

14. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and 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 this action is one of a category of actions that do not 
individually or cumulatively have a significant effect on the human 
environment. This rule involves the operating regulations or procedures 
for drawbridges. This rule is categorically excluded, under figure 2-1, 
paragraph (32)(e), of the Instruction.
    Under figure 2-1, paragraph (32)(e), of the Instruction, an 
environmental analysis checklist and a categorical exclusion 
determination are not required for this rule.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 117 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; 33 CFR 1.05-1; Department of Homeland 
Security Delegation No. 0170.1.


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0
2. Section 117.458(b) and (c) are revised to read as follows:


Sec.  117.458  Inner Harbor Navigation Canal, New Orleans.

* * * * *
    (b) The US 90 (Danzinger) Bridge, mile 3.1, shall open on signal if 
at least two hours notice is given; except that the draw need not be 
opened from 7 a.m. to 8:30 a.m. and 5 p.m. to 6:30 p.m. Monday through 
Friday.
    (c) The draw of the Senator Ted Hickey (Leon C. Simon Blvd./
Seabrook) Bridge, mile 4.6, shall open on signal from 7 a.m. to 8 p.m.; 
except that the bridge need not open from 7 a.m. to 8:30 a.m. and 5 
p.m. to 6:30 p.m. Monday through Friday. From 8 p.m. to 7 a.m., the 
draw shall open on signal if at least two hours notice is given.

    Dated: January 28, 2014.
Kevin S. Cook,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2014-03087 Filed 2-11-14; 8:45 am]
BILLING CODE 9110-04-P