Drawbridge Operation Regulation; Gulf Intracoastal Waterway, Houma, LA, 20469-20471 [05-7900]

Download as PDF 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: Jkt 205001 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: VerDate jul<14>2003 20469 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\20APR1.SGM 20APR1 20470 Federal Register / Vol. 70, No. 75 / Wednesday, April 20, 2005 / Rules and Regulations the existing operating schedule of the SR 315 (Bayou Dularge) bascule bridge across the Gulf Intracoastal Waterway, mile 59.9 west of Harvey Lock, 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 11,500 vehicles cross the bridge daily, 7% of which cross the bridge during the requested noon closure times. The bridge averages 288 openings a month. The requested two (2), 30-minute closures will delay approximately 35 additional tows a month for a maximum of 30 minutes. The average length of a bridge opening is approximately seven minutes, delaying an average of 92 vehicles per opening during the noontime bridge openings. Navigation at the site of the bridge consists primarily of tugboats with barges. Alternate routes east and west through the bridge are not readily accessible; however, the bridge, in the closed-to-navigation position provides a vertical clearance of 40 feet above high water, elevation 3.8 feet Mean Sea Level. 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). 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. 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). 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 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. VerDate jul<14>2003 14:52 Apr 19, 2005 Jkt 205001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 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 E:\FR\FM\20APR1.SGM 20APR1 Federal Register / Vol. 70, No. 75 / Wednesday, April 20, 2005 / Rules and Regulations 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. § 117.451 Gulf Intracoastal Waterway. * * * * * (c) The draw of the SR 315 (Bayou Dularge) bridge, mile 59.9 west of Harvey Lock, 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. 05–7900 Filed 4–19–05; 8:45 am] BILLING CODE 4910–15–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 162 Environment [CGD17–99–002] 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. 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. RIN 1625–AA23 (Formerly RIN 2115–AF81) 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: 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. In § 117.451, paragraph (c) is revised to read as follows: I VerDate jul<14>2003 14:52 Apr 19, 2005 Jkt 205001 Anchorage Ground; Safety Zone; Speed Limit; Tongass Narrows and Ketchikan, AK Coast Guard, DHS. Final rule. AGENCY: ACTION: SUMMARY: This final rule adopts, without changes, the interim rule published on April 7, 2000, which changed the speed limit in Tongass Narrows. This final rule extends the speed limit area northward in Tongass Narrows to Channel Island, allows the take-off and landing of floatplanes, and allows smaller vessels to transit crowded areas to Tongass Narrows more quickly, relieving congestion. This final rule also re-designates the safety zone in Ketchikan Harbor as an anchorage ground. Vessels transiting the anchorage ground, other than those engaged in anchoring evolutions are required to proceed through the anchorage by the most direct route without delay or sudden course change. The new rule makes the final approach, anchoring, and departure of very large passenger vessels, safer for the vessels involved. 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 the docket and are available for inspection or copying at U.S. Coast Guard Marine Safety Office, Juneau, ADDRESSES: PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 20471 Alaska, telephone 907–463–2470, between 8 a.m. and 4 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: LT Gary Koehler, Chief of Port Operations, Marine Safety Office, Juneau, Alaska, 907–463–2470. SUPPLEMENTARY INFORMATION: Regulatory History On March 25, 1999, the Coast Guard published a Notice of Proposed Rulemaking (NPRM) entitled ‘‘Anchorage ground, safety zone, speed limit, Tongass Narrows and Ketchikan, AK’’ in the Federal Register (64 FR 14414). The Coast Guard received 8 letters, including two petitions, regarding the proposed rule during a 45day comment period. A public hearing was held on March 26th at the Ted Ferry Civic Center in Ketchikan, AK. On June 1, 1999 an interim rule was published entitled ‘‘Anchorage Ground, Safety Zone, Speed Limit, Tongass Narrows and Ketchikan, AK’’ in the Federal Register (64 FR 29554). A correction was issued on June 15, 1999 in the Federal Register (64 FR 32103). On April 7, 2000 a revised interim rule was published entitled ‘‘Anchorage Ground, Safety Zone, Speed Limit, Tongass Narrows and Ketchikan, AK’’ in Federal Register (65 FR 18242). On October 21, 2003 a Notice to Reopen Comment Period was published in the Federal Register (68 FR 60034). Background and Purpose During 1999 and 2000 the Coast Guard and the Federal Aviation Administration held a series of public meetings in Ketchikan, Alaska, to assess maritime traffic, congestion, safety, and wake concerns in Tongass Narrows. The individuals and groups represented at these meetings included recreational vessel operators, passenger vessel operators, commercial fishing vessel operators, commercial kayak operators, floatplane operators, charter vessel operators, and local residents. The Notice of Proposed Rulemaking proposed changes to the seven-knot speed limit on Tongass Narrows. The existing speed limit did not address the needs of floatplane traffic, may have unnecessarily slowed the transits of smaller vessels, and did not apply in the northern portions of Tongass Narrows where traffic congestion and wake from larger vessels had become a concern. The proposed changes extended the speed zone northward to Channel Island, but exempted vessels of 26 feet or less in length. The Notice of Proposed Rulemaking also proposed to re-designate the safety E:\FR\FM\20APR1.SGM 20APR1

Agencies

[Federal Register Volume 70, Number 75 (Wednesday, April 20, 2005)]
[Rules and Regulations]
[Pages 20469-20471]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-7900]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD08-05-003]
RIN 1625-AA09


Drawbridge Operation Regulation; Gulf Intracoastal Waterway, 
Houma, LA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

-----------------------------------------------------------------------

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.

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 [CGD08-05-003] 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:

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.

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

[[Page 20470]]

the existing operating schedule of the SR 315 (Bayou Dularge) bascule 
bridge across the Gulf Intracoastal Waterway, mile 59.9 west of Harvey 
Lock, 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 11,500 vehicles cross the bridge daily, 7% of which 
cross the bridge during the requested noon closure times. The bridge 
averages 288 openings a month. The requested two (2), 30-minute 
closures will delay approximately 35 additional tows a month for a 
maximum of 30 minutes. The average length of a bridge opening is 
approximately seven minutes, delaying an average of 92 vehicles per 
opening during the noontime bridge openings.
    Navigation at the site of the bridge consists primarily of tugboats 
with barges. Alternate routes east and west through the bridge are not 
readily accessible; however, the bridge, in the closed-to-navigation 
position provides a vertical clearance of 40 feet above high water, 
elevation 3.8 feet Mean Sea Level.

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

[[Page 20471]]

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. 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

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 Pub. L. 102-587, 106 Stat. 5039.


0
2. In Sec.  117.451, paragraph (c) is revised to read as follows:


Sec.  117.451  Gulf Intracoastal Waterway.

* * * * *
    (c) The draw of the SR 315 (Bayou Dularge) bridge, mile 59.9 west 
of Harvey Lock, 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. 05-7900 Filed 4-19-05; 8:45 am]
BILLING CODE 4910-15-P