[Federal Register: December 15, 2003 (Volume 68, Number 240)]
[Rules and Regulations]               
[Page 69607-69609]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15de03-9]                         

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD08-03-030]
RIN 1625-AA09

 
Drawbridge Operation Regulations; Inner Harbor Navigation Canal, 
New Orleans, 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 46 (St. Claude Avenue) bridge, mile 0.5 (Gulf 
Intracoastal Water Way (GIWW) mile 6.2 East of Harvey Lock), the SR 39 
(Judge Seeber/Claiborne Avenue) bridge, mile 0.9 (GIWW mile 6.7 East of 
Harvey Lock), and the Florida Avenue bridge, mile 1.7 (GIWW mile 7.5 
East of Harvey Lock), across the Inner Harbor Navigation Canal in New 
Orleans, Orleans Parish, Louisiana. New traffic studies indicate that 
rush hour vehicular traffic has increased congestion across all three 
bridges. This rule increases the time that the bridges will be closed 
to vessel traffic by 15 minutes in the morning and afternoon and begin 
the afternoon closure one hour and 15 minutes earlier.

DATES: This rule is effective January 14, 2004.

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 CGD8-03-030 and are available for inspection or 
copying at 501 Magazine Street, Room 1313, New Orleans, Louisiana 
70130-3396 between 7 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays. The Commander, Eighth Coast Guard District, Bridge 
Administration Branch maintains the public docket for this rulemaking.

FOR FURTHER INFORMATION CONTACT: Ms. Kay Wade, Bridge Administration 
Branch, 504-589-2965.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On August 18, 2003, a notice of proposed rulemaking (NPRM) entitled 
Drawbridge Operation Regulations; Inner Harbor Navigation Canal, New 
Orleans, LA was published in the Federal Register (68 FR 49393). We 
received no letters commenting on the proposed rule. No public meeting 
was requested, and none was held.

Background and Purpose

    The Coast Guard, at the request of a state representative and the 
owner of two of the three bridges crossing the Inner Harbor Navigation 
Canal in New Orleans, Orleans Parish, Louisiana, issued a Notice of 
Proposed Rule Making in the Federal Register on August 18, 2003 to 
change the times of the existing drawbridge operation regulation. 
Currently, all three bridges remain closed to navigation and open to 
vehicular traffic during the morning and afternoon commuter rush hours. 
The SR 46 (St. Claude Avenue) bascule span highway bridge at mile 0.5, 
the SR 39 (Judge Seeber/Claiborne Avenue) vertical lift span highway 
bridge at mile 0.9, and the Florida Avenue bascule span highway and 
railroad bridge at mile 1.7 are governed by 33 CFR 117.458, which 
states that the draw of these three bridges shall open on signal; 
except that, from 6:45 a.m. to 8:30 a.m. and from 4:45 p.m. to 6:45 
p.m., Monday through Friday, except federal holidays, the draws need 
not open for the passage of vessels. The draws shall open at any time 
for a vessel in distress.
    In an effort to reassess and accurately determine the needs of the 
commuters who cross these three bridges in the morning and afternoon en 
route to and from work in the Lower Ninth Ward area of New Orleans and 
in St. Bernard Parish, the Port of New Orleans hired

[[Page 69608]]

Urban Systems to perform a new traffic study. The March 2003 traffic 
study revealed the average peak periods for vehicular traffic crossing 
the SR 46 (St. Claude Avenue) and the Florida Avenue bridges are from 
6:30 a.m. to 8:30 a.m. and from 3:30 p.m. to 5:45 p.m. This marks a 
shift from the peak traffic times currently reflected in the regulation 
that was based on a traffic study completed in October 1999.
    Traffic counts for the SR 39 (Judge Seeber/Claiborne Avenue) bridge 
were not conducted. However, the Claiborne Avenue bridge is located in 
close proximity to the other two bridges and is expected to exhibit 
similar traffic patterns. The Claiborne Avenue bridge provides a 
vertical clearance of 40 feet above Mean High Water in the closed to 
navigation position and is therefore expected to have less impact on 
vessel traffic than the other two bridges.
    A review of the bridge tender logs revealed that adjusting the 
marine traffic closures to coordinate with vehicular rush hour traffic 
should not significantly impact the flow of marine traffic.
    Allowing the bridges to remain closed to marine traffic during 
times that coincide with the heaviest vehicular traffic counts would 
help to relieve the morning and afternoon rush hour commuter traffic 
congestion across the bridges while having minimal impact on vessel 
traffic.

Discussion of Comments and Changes

    There were no comments received regarding the proposed change; 
therefore, no changes to the proposal were made and no changes have 
been incorporated into the Final Rule.

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).
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation under the regulatory policies and procedures 
of DHS is unnecessary.
    This rule adds 15 minutes to the existing drawbridge operating 
regulation and shifts the afternoon closure time up by one hour and 15 
minutes. A review of the bridge logs for these three bridges indicates 
that minimal requests to open the bridges during these periods have 
been made in the past, and there is no indication that there will be a 
future increase.

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 (Public Law 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. No 
requests for assistance were received pursuant to this rule change.

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 this 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 would not create an 
environmental risk to health or risk to safety that might 
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 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

[[Page 69609]]

figure 2-1, paragraph (32)(e) of the Instruction, from further 
environmental documentation. Paragraph (32)(e) excludes the 
promulgation of operating regulations or procedures for drawbridges 
from the environmental documentation requirements of NEPA. Since this 
rule will alter the normal operating conditions of the drawbridges, it 
falls within this exclusion. A final ``Environmental Analysis Check 
List'' and a final ``Categorical Exclusion Determination'' are 
available in the docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

0
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; 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.

0
2. In Sec.  117.458, paragraph (a) is revised to read as follows:


Sec.  117.458  Inner Harbor Navigation Canal, New Orleans.

    (a) The draws of the SR 46 (St. Claude Avenue) bridge, mile 0.5 
(GIWW mile 6.2 East of Harvey Lock), the SR 39 (Judge Seeber/Claiborne 
Avenue) bridge, mile 0.9 (GIWW mile 6.7 East of Harvey Lock), and the 
Florida Avenue bridge, mile 1.7 (GIWW mile 7.5 East of Harvey Lock), 
shall open on signal; except that, from 6:30 a.m. to 8:30 a.m. and from 
3:30 p.m. to 5:45 p.m., Monday through Friday, except federal holidays, 
the draws need not open for the passage of vessels. The draws shall 
open at any time for a vessel in distress.
* * * * *

    Dated: December 5, 2003.
R.F. Duncan,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 03-30905 Filed 12-12-03; 8:45 am]

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