[Federal Register Volume 67, Number 99 (Wednesday, May 22, 2002)]
[Rules and Regulations]
[Pages 35901-35903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12732]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD08-02-003]
RIN 2115-AE47
Drawbridge Operation Regulation; Pelican Island Causeway,
Galveston Channel, TX
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 Pelican Island Causeway bridge across
Galveston Channel, at Galveston, Texas. The modification will allow for
the morning closure period to be moved 20 minutes earlier to better
align with the automobile traffic that crosses the bridge. This rule
also clarifies the mile mark for the location of the drawbridge.
DATES: This rule is effective June 21, 2002.
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 CGD8-02-003 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.
FOR FURTHER INFORMATION CONTACT: Mr. David Frank, Bridge Administration
Branch, at the address given above or telephone (504) 589-2965.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On February 21, 2002, we published a notice of proposed rulemaking
(NPRM) entitled Drawbridge Operation Regulation, Pelican Island
Causeway, Galveston Channel, TX in the Federal Register (67 FR 7989).
We received one response commenting on the proposed rule. No public
hearing was requested, and none was held.
[[Page 35902]]
Background and Purpose
Presently, the draw of the Pelican Island Causeway bridge,
Galveston Channel mile 4.5 (GIWW mile 356.1), at Galveston, Texas,
shall open on signal; except that, from 7 a.m. to 8:30 a.m., 12 noon to
1 p.m., and 4:15 p.m. to 5:15 p.m. Monday through Friday, except
Federal holidays, the draw need not be opened for passage of vessels.
Public vessels of the United States and vessels in distress shall be
passed at any time. The bridge owner has requested to modify the
morning bridge closure periods to allow the bridge to remain closed to
navigation from 6:40 a.m. until 8:10 a.m. vice 7 a.m. to 8:30 a.m.
Approximately 4,000 vehicles cross the bridge in each direction daily.
The adjustment to the morning closure times reflects changes to align
the closure periods with the work times of the businesses located on
the island. The bridge has been observing the morning closure times of
6:40 a.m. to 8:10 a.m. for several years without properly codifying the
times in the regulation. This change will reflect the actual times the
bridge remains closed in the morning hours.
Additionally, by this rulemaking, the Coast Guard plans to clarify
the published location of the bridge in the Code of Federal
Regulations. In 33 CFR 117.977, the section heading is for Galveston
Channel. The mile mark for the bridge in that section, 356.1, is for
the GIWW. The bridge is actually located at mile 4.5 of the Galveston
Channel. This rulemaking will clarify the mile mark for the bridge by
including both the Galveston Channel mile mark and the GIWW mile mark.
Discussion of Comments and Changes
One response was received in response to the Federal Register
notice and the Public Notice. The Gulf Intracoastal Canal Association
had no objections to the proposed change.
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 this waterway
with proper notification before and after the peak vehicular traffic
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.
This rule will not have a significant impact on the number of small
entities because the bridge has been operating on this revised schedule
for several years.
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 would call 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 effect 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. It has not been designated by the
[[Page 35903]]
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.
For the reasons set out in the preamble, the Coast Guard amends 33
CFR part 117 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. Section 117.977 is revised to read as follows:
117.977 Pelican Island Causeway, Galveston Channel.
The draw of the Pelican Island Causeway bridge across Galveston
Channel, mile 4.5 of the Galveston Channel, (GIWW mile 356.1) at
Galveston, Texas, shall open on signal; except that, from 6:40 a.m. to
8:10 a.m., 12 noon to 1 p.m., and 4:15 p.m. to 5:15 p.m. Monday through
Friday except Federal holidays, the draw need not be opened for passage
of vessels. Public vessels of the United States and vessels in distress
shall be passed at any time.
Dated: May 9, 2002.
Roy J. Casto,
Rear Admiral, Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 02-12732 Filed 5-21-02; 8:45 am]
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