[Federal Register: September 16, 2004 (Volume 69, Number 179)]
[Rules and Regulations]
[Page 55747-55749]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16se04-6]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD08-04-024]
RIN 1625-AA09
Drawbridge Operation Regulation; Bayou Lafourche, Clotilda, LA
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is issuing regulations for the operation of
the draw of the new vertical lift span bridge on State Route LA 654
across Bayou Lafourche, mile 53.2 at Clotilda, Lafourche Parish,
Louisiana. This final rule establishes a four-hour notice requirement
for opening the draw of the bridge.
DATES: This rule is effective September 16, 2004.
ADDRESSES: Documents referred to in this rule are available for
inspection or copying at the office of the Eighth Coast Guard District,
Bridge Administration Branch, 500 Poydras Street, New Orleans,
Louisiana 70130-3310, between 7 a.m. and 3 p.m., Monday through Friday,
except Federal holidays. The telephone number is (504) 589-2965. The
Eighth District Bridge Administration Branch maintains the public
docket for this rulemaking.
FOR FURTHER INFORMATION CONTACT: Phil Johnson, Bridge Administration
Branch, at (504) 589-2965.
SUPPLEMENTARY INFORMATION:
Good Cause for Not Publishing an NPRM
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM. This final rule establishes
the same operating requirements for the new State Route LA 654 vertical
lift span bridge that were in effect for the old bridge that is being
removed. The new bridge would normally be required to open on signal as
per 33 CFR 117.5. Since by design the old pontoon span bridge had to be
opened for all waterway users and the new vertical lift bridge has to
be opened for all vessels except very small pleasure craft to pass, the
establishment of this regulation does not place more constraint on the
waterway users than the old regulation governing the old pontoon span
bridge. Furthermore, two drawbridges, which cross Bayou Lafourche
directly upstream of the State
[[Page 55748]]
Route LA 654 Bridge, at miles 58.2 and 58.7 respectively, each have a
six-hour notice requirement for an opening of the draw. Thus, waterway
users must give a longer notice to transit through this area of the
waterway than this regulation requires.
Good Cause for Making Rule Effective in Less Than 30 Days
Under 5 U.S.C. 553(d)(3), the Coast Guard finds good cause exists
for making this rule effective in less than 30 days after publication
in the Federal Register because this rule merely establishes the same
requirements as the old regulation for the old pontoon span bridge.
Accordingly, the primary waterway users will not be required to change
their current practices of transiting this waterway. Thus, no negative
impact on vessel traffic in the area is anticipated.
Background and Purpose
The new vertical lift span bridge has been opened to traffic and
placed in service, and will be required to open on signal as per 33 CFR
117.5. The old pontoon span bridge has been taken out of service and is
presently being demolished. The new bridge has been constructed on
essentially the same alignment, but one mile downstream of the old
bridge. The old bridge provided no clearance in the closed-to-
navigation position. The replacement vertical lift span bridge provides
a vertical clearance of 4.3 feet above mean high water in the closed-
to-navigation position, which will only allow very small pleasure craft
to pass through. Thus, this regulation will be identical to the old
regulation for the old pontoon span bridge and the new regulation will
state that the draw of the bridge will open on signal if at least four
hours notice is given. The new regulation further states that during
the advance notice period, the draw shall open on less than four hours
notice for an emergency and shall open on demand should a temporary
surge in waterway traffic occur.
Due to the infrequency of requests for openings of the draw for
navigation, the Louisiana Department of Transportation and Development
has requested that the same four-hour notice for an opening to
navigation be required for the new bridge. Furthermore, two
drawbridges, which cross Bayou Lafourche directly upstream of the SR
654 Bridge, at miles 58.2 and 58.7 each have a six-hour notice
requirement for an opening of the draw.
Navigation at the site of the bridge consists primarily of
commercial fishing vessels and some recreational pleasure craft.
Alternate routes are not available to marine traffic.
This final rule will be identical to the old regulation governing
the operation of the old bridge because the same constraints exist for
primary waterway users as were formerly in effect with the old bridge.
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).
During the many years that the old bridge had operated under an
identical regulation to this new regulation, the Coast Guard had not
received any complaints regarding the drawbridge operating schedule.
The new bridge has been constructed on essentially the same alignment
as the old bridge, and the number of requests for openings are
anticipated to be about the same, an average of 6 per month, for the
new bridge. However, since the new bridge provides more than four feet
of vertical clearance at high water, some very small pleasure craft may
actually be able to transit the new bridge without requiring an
opening, effectively reducing the number of openings of the draw. 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.
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 have no impact on any small entities because
the regulation will apply to a new bridge, which replaced a bridge on
which the same regulation already exists.
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
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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 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. 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 regulations or procedures for drawbridges
from the environmental documentation requirements of NEPA.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
0
For the reasons set out in the preamble, the Coast Guard is amending 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 Pub. L. 102-587, 106 Stat. 5039.
0
2. In Sec. 117.465, paragraph (c) is revised to read as follows:
Sec. 117.465 Bayou Lafourche.
* * * * *
(c) The draw of the State Route LA 654 bridge, mile 53.2 at
Clotilda, shall open on signal if at least four hours notice is given.
During the advance notice period, the draw shall open on less than four
hours notice for an emergency and shall open on demand should a
temporary surge in waterway traffic occur.
* * * * *
Dated: September 3, 2004.
R.F. Duncan,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 04-20863 Filed 9-15-04; 8:45 am]
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