[Federal Register: January 23, 2003 (Volume 68, Number 15)]
[Rules and Regulations]               
[Page 3181-3183]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23ja03-6]                         


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DEPARTMENT OF TRANSPORTATION


Coast Guard


33 CFR Part 117


[CGD08-02-022]
RIN 2115-AE47


 
Drawbridge Operation Regulation; Gulf Intracoastal Waterway, 
Houma, LA


AGENCY: Coast Guard, DOT.


ACTION: Final rule.


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SUMMARY: The Coast Guard is changing the existing drawbridge operation 
regulation for the draw of the Bayou Dularge bridge across the Gulf 
Intracoastal Waterway, mile 59.9 at Houma, Terrebonne Parish, 
Louisiana. The rule allows for the morning closure period to be 
increased by 15 minutes to facilitate the movement of high volumes of 
vehicular traffic across the bridge during peak traffic hours.


DATES: This rule is effective February 24, 2003.


ADDRESSES: Comments and materials received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket CGD8-02-022 and are available


[[Page 3182]]


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 telephone number is (504) 
589-2965. Commander, Eighth District (obc), maintains the public docket 
for this rulemaking.


FOR FURTHER INFORMATION CONTACT: Mr. David Frank, Bridge Administration 
Branch, at (504) 589-2965.


SUPPLEMENTARY INFORMATION:


Regulatory Information


    On October 21, 2002, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulation, Gulf Intracoastal 
Waterway, LA in the Federal Register (67 FR 64580). We received two 
responses commenting on the proposed rule. No public hearing was 
requested, and none was held.


Background and Purpose


    Presently, the draw of the Bayou Dularge bridge, mile 59.9, at 
Houma shall open on signal; except that, the draw need not be open for 
the passage of vessels Monday through Friday except holidays from 6:45 
a.m. to 8:30 a.m. and from 4:30 p.m. to 6 p.m.
    The Louisiana Department of Transportation and Development has 
requested a modification to the morning bridge operation schedule to 
allow the bridge to remain closed to navigation from 6:30 a.m. until 
8:30 a.m. vice 6:45 a.m. to 8:30 a.m. The bridge serves as an important 
link between the largest residential neighborhoods in Terrebonne Parish 
and the Central Business District. Approximately 21,000 vehicles cross 
the bridge daily, 10% of which cross the bridge during the requested 
closure times. The adjustment to the morning closure times reflects a 
change to align the closure period with the times of the heaviest 
commuter traffic. The amount of commuter traffic continues to increase. 
The bridge averages 325 openings a month. The requested 15-minute 
closure increase will delay approximately 7 additional tows a month. 
The average length of a bridge opening is less than five minutes, 
delaying an average of 90 vehicles per opening.


Discussion of Comments and Changes


    The Coast Guard received two letters in response to the Notice of 
Proposed Rulemaking. One letter was from a state senator representing 
the Terrebonne Parish area who strongly supported the proposed change. 
The second letter was received from the National Marine Fisheries 
Service stating that the drawbridge was not in their area of 
responsibility and declined comment. Only one minor administrative 
change was made to the final rule. The word ``Federal'' was added to 
the phrase ``except holidays'' to clarify when the rule will be in 
effect. No other changes to the final rule were made based upon the 
comments received.


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 Transportation 
(DOT)(44 FR 11040, February 26, 1979).
    The Coast Guard expects the economic impact of this rule to be so 
minimal that a full Regulatory Evaluation under paragraph 10(e) of the 
regulatory policies and procedures of DOT is unnecessary.
    This rule allows vessels ample opportunity to transit the Gulf 
Intracoastal Waterway with proper notification before and after the 
peak vehicular traffic periods. Commercial towboat operators can avoid 
being impacted by simply arriving 15 minutes earlier at the bridge.


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. Small entities, including towboat operators and their 
waterway user groups, were given an opportunity to comment regarding 
the effects of this proposed rule. We received no letters of objection 
to the proposed modification.


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 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 would 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


[[Page 3183]]


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. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.


Environment


    We have considered the environmental impact of this rule and 
concluded that, under figure 2-1, paragraph 32(e), of Commandant 
Instruction M16475.lD, this rule is categorically excluded from further 
environmental documentation. This final rule only involves the 
operation of an existing drawbridge and will not have any impact on the 
environment. A ``Categorical Exclusion Determination'' is available in 
the docket where indicated under ADDRESSES.


List of Subjects in 33 CFR Part 117


    Bridges.


Regulations


    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


    1. The authority citation for Part 117 continues to read as 
follows:


    Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 CFR 1.05-1(g); section 
117.255 also issued under the authority of Pub. L. 102-587, 106 
Stat. 5039.


    2. Sec.  117.451(c) is revised to read as follows:




Sec.  117.451  Gulf Intracoastal Waterway.


* * * * *
    (c) The draw of the Bayou Dularge bridge, mile 59.9, 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. and from 4:30 p.m. to 6 p.m.
* * * * *


    Dated: January 15, 2003.
J.R. Whitehead,
Captain, Coast Guard, Acting Commander, 8th Coast Guard District.
[FR Doc. 03-1484 Filed 1-22-03; 8:45 am]

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