Drawbridge Operation Regulation; Houma Navigation Canal, Houma, LA, 20467-20469 [05-7898]
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Federal Register / Vol. 70, No. 75 / Wednesday, April 20, 2005 / Rules and Regulations
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. Paragraph (32)(e)
excludes the promulgation of operating
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14:52 Apr 19, 2005
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20467
regulations or procedures for
drawbridges from the environmental
documentation requirements of NEPA.
Under figure 2–1, paragraph (34)(e), of
the Instruction, an ‘‘Environmental
Analysis Check List’’ and a ‘‘Categorical
Exclusion Determination’’ are not
required for this rule.
ADDRESSES:
Authority: 33 U.S.C. 499; 33 CFR 1.05–1(g);
Department of Homeland Security Delegation
No. 0170.1; section 117.255 also issued under
the authority of Pub. L. 102–587, 106 Stat.
5039.
On January 28, 2005, we published a
notice of proposed rulemaking (NPRM)
entitled, ‘‘Drawbridge Operation
Regulation; Houma Navigation Canal,
Houma, LA,’’ in the Federal Register (70
FR 4077). We received four letters
commenting on the proposed rule. No
public meeting was requested, and none
was held.
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 [CGD08–05–004] and are
available for inspection or copying at
the office of the Eighth Coast Guard
District, Bridge Administration Branch,
501 Magazine Street, New Orleans,
List of Subjects in 33 CFR Part 117
Louisiana 70130–3396, between 7 a.m.
Bridges.
and 3 p.m., Monday through Friday,
I For the reasons set out in the preamble, except Federal holidays. The Bridge
the Coast Guard amends 33 CFR part 117 Administration Branch maintains the
public docket for this rulemaking.
as follows:
FOR FURTHER INFORMATION CONTACT: Mr.
PART 117—DRAWBRIDGE
David Frank, Bridge Administration
OPERATION REGULATIONS
Branch, at (504) 589–2965.
SUPPLEMENTARY INFORMATION:
I 1. The authority citation for part 117
continues to read as follows:
Regulatory History
§ 117.169
[Amended]
2. In section 117.169, remove
paragraph (c).
I
Dated: April 11, 2005.
Kevin J. Eldridge,
Rear Admiral, U.S. Coast Guard, Commander,
Eleventh Coast Guard District.
[FR Doc. 05–7897 Filed 4–19–05; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[CGD08–05–004]
RIN 1625–AA09
Drawbridge Operation Regulation;
Houma Navigation Canal, Houma, LA
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is changing
the regulation governing the operation
of the SR 661 (Houma Nav Canal) swing
bridge across the Houma Navigation
Canal, mile 36.0, in Houma, Louisiana.
An increase in traffic during the
noontime time period has facilitated a
request to allow the bridge to remain
closed to navigation for two (2), 30minute periods in the middle of the day.
These closures will allow local workers
to transit the area with minimal delays
during the noontime lunch period.
DATES: This rule is effective May 20,
2005.
PO 00000
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Fmt 4700
Sfmt 4700
Background and Purpose
The U.S. Coast Guard, at the request
of the State of Louisiana, Department of
Transportation and Development
(LDOTD), and supported by the
Terrebonne Parish Council, is modifying
the existing operating schedule of the
SR 661 (Houma Nav Canal) swing bridge
across the Houma Navigation Canal,
mile 36.0, in Houma, Terrebonne Parish,
Louisiana. The modification of the
existing regulations will allow the
bridge to remain closed to navigation for
two (2), 30-minute periods in the
middle of the day to allow for local
workers to transit the area with minimal
delays during the noontime lunch
period.
Currently, the bridge opens 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.
Approximately 9,500 vehicles cross
the bridge daily, 6% of which cross the
bridge during the requested noon
closure times. The bridge averages 932
openings a month. The requested two
(2), 30-minute closures will delay
approximately 133 additional tows a
month for a maximum of 30 minutes.
The average length of a bridge opening
is approximately nine minutes, delaying
an average of 44 vehicles per opening
during the noontime bridge openings.
Navigation at the site of the bridge
consists primarily of tugboats with
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Federal Register / Vol. 70, No. 75 / Wednesday, April 20, 2005 / Rules and Regulations
barges. Alternate routes are available but
not readily accessible.
Discussion of Comments and Changes
Four letters were received with
regards to the NPRM. Oil States
Industries in Houma wrote in support of
the changes. The Terrebonne Parish
Council wrote in support of the changes.
The National Resources Conservation
Service offered no comments. Trico
Marine Operators wrote in support of
the changes but suggested that the
words ‘‘except Federal holidays’’ be
eliminated, as many private entities do
not observe some or all of these Federal
holidays. Based upon this comments, no
changes were made to the proposed
regulation.
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).
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.
VerDate jul<14>2003
14:52 Apr 19, 2005
Jkt 205001
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
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
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
E:\FR\FM\20APR1.SGM
20APR1
Federal Register / Vol. 70, No. 75 / Wednesday, April 20, 2005 / Rules and Regulations
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.
regulations for the Amtrak Old
Saybrook-Old Lyme Bridge, mile 3.4,
across the Connecticut River,
Connecticut. This deviation from the
regulations allows scheduled bridge
openings every two hours between 8
a.m. and 4 p.m. each day from April 11,
2005 through April 30, 2005. This
deviation is necessary in order to
facilitate electrical repairs at the bridge.
List of Subjects in 33 CFR Part 117
Bridges.
DATES:
Regulations
FOR FURTHER INFORMATION CONTACT:
This deviation is effective from
April 11, 2005 through April 30, 2005.
For the reasons set out in the preamble,
the Coast Guard is amending part 117 of
title 33, Code of Federal Regulations as
follows:
I
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
I
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 Pub. L. 102–587, 106
Stat. 5039.
2. § 117.455 is revised to read as
follows:
I
§ 117.455
Houma Navigation Canal.
The draw of SR 661 (Houma Nav
Canal) bridge, mile 36.0, 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., from 11:45 a.m. to 12:15 p.m., from
12:45 p.m. to 1:15 p.m. and from 4:30
p.m. to 6 p.m.
Dated: April 8, 2005.
R.F. Duncan,
Rear Admiral, U.S. Coast Guard, Commander,
Eighth Coast Guard District.
[FR Doc. 05–7898 Filed 4–19–05; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Judy
Leung-Yee, Project Officer, First Coast
Guard District, at (212) 668–7195.
The Old
Saybrook-Old Lyme Bridge, at mile 3.4,
across the Connecticut River has a
vertical clearance in the closed position
of 19 feet at mean high water and 22 feet
at mean low water. The existing
drawbridge operating regulations are
listed at 33 CFR 117.205(b).
The owner of the bridge, National
Railroad Passenger Corporation
(Amtrak), requested a temporary
deviation from the drawbridge operating
regulations to facilitate scheduled
electrical repairs at the bridge.
Under this temporary deviation the
Old Saybrook-Old Lyme Bridge shall
open on signal at 8 a.m., 10 a.m., 12
p.m., 2 p.m., and 4 p.m. from April 11,
2005 through April 30, 2005. From 4
p.m. to 8 a.m. the draw shall open on
signal as soon as practicable for all noncommercial vessels that can not pass
under the closed draws, but in no case
shall the delay be more than 20 minutes
from the time the opening was
requested.
In accordance with 33 CFR 117.35(c),
this work will be performed with all due
speed in order to return the bridge to
normal operation as soon as possible.
This deviation from the operating
regulations is authorized under 33 CFR
117.35.
SUPPLEMENTARY INFORMATION:
Dated: April 11, 2005.
Gary Kassof,
Bridge Program Manager, First Coast Guard
District.
[FR Doc. 05–7899 Filed 4–19–05; 8:45 am]
Coast Guard
33 CFR Part 117
[CGD01–05–026]
BILLING CODE 4910–15–P
Drawbridge Operation Regulations:
Connecticut River, CT
Coast Guard, DHS.
Notice of temporary deviation
from regulations.
AGENCY:
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PO 00000
Coast Guard
33 CFR Part 117
[CGD08–05–003]
RIN 1625–AA09
Drawbridge Operation Regulation; Gulf
Intracoastal Waterway, Houma, LA
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is changing
the regulation governing the operation
of the SR 315 (Bayou Dularge) bascule
bridge across the Gulf Intracoastal
Waterway, mile 59.9 west of Harvey
Lock, in Houma, Louisiana. An increase
in traffic during the noontime time
period facilitated a request to allow the
bridge to remain closed to navigation for
two (2), 30-minute periods in the
middle of the day. These closures will
allow local workers to transit the area
with minimal delays during the
noontime lunch period.
DATES: This rule is effective May 20,
2005.
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 [CGD08–05–003] 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: Mr.
David Frank, Bridge Administration
Branch, at (504) 589–2965.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
Regulatory History
On January 28, 2005, we published a
notice of proposed rulemaking (NPRM)
entitled, ‘‘Drawbridge Operation
Regulation; Gulf Intracoastal Waterway,
Houma, LA,’’ in the Federal Register (70
FR 4074). We received four letters
commenting on the proposed rule. No
public meeting was requested, and none
was held.
The U. S. Coast Guard, at the request
of the State of Louisiana, Department of
Transportation and Development
(LDOTD), and supported by the
Terrebonne Parish Council, is modifying
SUMMARY: The Commander, First Coast
Guard District, has issued a temporary
deviation from the drawbridge operation
14:52 Apr 19, 2005
DEPARTMENT OF HOMELAND
SECURITY
Background and Purpose
ACTION:
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]]>Agencies
[Federal Register Volume 70, Number 75 (Wednesday, April 20, 2005)]
[Rules and Regulations]
[Pages 20467-20469]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-7898]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD08-05-004]
RIN 1625-AA09
Drawbridge Operation Regulation; Houma Navigation Canal, Houma,
LA
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is changing the regulation governing the
operation of the SR 661 (Houma Nav Canal) swing bridge across the Houma
Navigation Canal, mile 36.0, in Houma, Louisiana. An increase in
traffic during the noontime time period has facilitated a request to
allow the bridge to remain closed to navigation for two (2), 30-minute
periods in the middle of the day. These closures will allow local
workers to transit the area with minimal delays during the noontime
lunch period.
DATES: This rule is effective May 20, 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 [CGD08-05-004] 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: Mr. David Frank, Bridge Administration
Branch, at (504) 589-2965.
SUPPLEMENTARY INFORMATION:
Regulatory History
On January 28, 2005, we published a notice of proposed rulemaking
(NPRM) entitled, ``Drawbridge Operation Regulation; Houma Navigation
Canal, Houma, LA,'' in the Federal Register (70 FR 4077). We received
four letters commenting on the proposed rule. No public meeting was
requested, and none was held.
Background and Purpose
The U.S. Coast Guard, at the request of the State of Louisiana,
Department of Transportation and Development (LDOTD), and supported by
the Terrebonne Parish Council, is modifying the existing operating
schedule of the SR 661 (Houma Nav Canal) swing bridge across the Houma
Navigation Canal, mile 36.0, in Houma, Terrebonne Parish, Louisiana.
The modification of the existing regulations will allow the bridge to
remain closed to navigation for two (2), 30-minute periods in the
middle of the day to allow for local workers to transit the area with
minimal delays during the noontime lunch period.
Currently, the bridge opens 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.
Approximately 9,500 vehicles cross the bridge daily, 6% of which
cross the bridge during the requested noon closure times. The bridge
averages 932 openings a month. The requested two (2), 30-minute
closures will delay approximately 133 additional tows a month for a
maximum of 30 minutes. The average length of a bridge opening is
approximately nine minutes, delaying an average of 44 vehicles per
opening during the noontime bridge openings.
Navigation at the site of the bridge consists primarily of tugboats
with
[[Page 20468]]
barges. Alternate routes are available but not readily accessible.
Discussion of Comments and Changes
Four letters were received with regards to the NPRM. Oil States
Industries in Houma wrote in support of the changes. The Terrebonne
Parish Council wrote in support of the changes. The National Resources
Conservation Service offered no comments. Trico Marine Operators wrote
in support of the changes but suggested that the words ``except Federal
holidays'' be eliminated, as many private entities do not observe some
or all of these Federal holidays. Based upon this comments, no changes
were made to the proposed regulation.
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).
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
[[Page 20469]]
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
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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 Pub. L. 102-587, 106 Stat. 5039.
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2. Sec. 117.455 is revised to read as follows:
Sec. 117.455 Houma Navigation Canal.
The draw of SR 661 (Houma Nav Canal) bridge, mile 36.0, 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., from 11:45 a.m. to 12:15 p.m., from 12:45 p.m.
to 1:15 p.m. and from 4:30 p.m. to 6 p.m.
Dated: April 8, 2005.
R.F. Duncan,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 05-7898 Filed 4-19-05; 8:45 am]
BILLING CODE 4910-15-P
