[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]
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