[Federal Register: September 2, 2005 (Volume 70, Number 170)]
[Proposed Rules]
[Page 52340-52343]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02se05-31]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD08-05-049]
RIN 1625-AA09
Drawbridge Operation Regulation; Lafourche Bayou, Lafourche
Parish, LA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to change the regulations governing
six bridges across Bayou Lafourche, south of the Gulf Intracoastal
Waterway, in Lafourche Parish, Louisiana. The Lafourche Parish Council
has requested that the bridges remain closed to navigation at various
times on weekdays during the school year. These closures will
facilitate the safe, efficient movement of staff, students and other
residents within the parish.
DATES: Comments and related material must reach the Coast Guard on or
before November 1, 2005.
ADDRESSES: You may mail comments and related material to Commander
(obc), Eighth Coast Guard District, 500 Poydras Street, New Orleans,
Louisiana 70130-3310. The Commander, Eighth Coast Guard District,
Bridge Administration Branch maintains the public docket for this
rulemaking. Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
will become part of this docket and will be available for inspection or
copying at the Bridge Administration office between 7 a.m. and 3 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: David Frank, Bridge Administration
Branch, telephone 504-589-2965.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CGD08-05-
049), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
they reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. You may submit a
request for a meeting by writing to Commander, Eighth Coast Guard
District, Bridge Administration Branch at the address under ADDRESSES
explaining why one would be beneficial. If we determine that one would
aid this rulemaking, we will hold one at a time and place announced by
a later notice in the Federal Register.
Background and Purpose
The U. S. Coast Guard, at the request of the Lafourche Parish
Council, proposes to modify the existing operating schedules of six
bridges across Bayou Lafourche south of the Gulf Intracoastal Waterway
in Lafourche Parish, Louisiana. The six bridges include: Golden Meadow
Vertical Lift
[[Page 52341]]
Bridge, mile 23.9; the Galliano Pontoon Bridge, mile 27.8; the
Galliano/South Lafourche (Tarpon) Vertical Lift Bridge, mile 30.6; the
Cote Blanche Pontoon Bridge, mile 33.9; the Cutoff Vertical Lift
Bridge, mile 36.3; and the Larose Pontoon Bridge, mile 39.1. The
modification of the existing regulations will allow these bridges to
remain closed to navigation from 7 a.m. to 8 a.m.; from 2 p.m. to 4
p.m.; and from 4:30 p.m. to 5:30 p.m., Monday through Friday from
August 15 through May 31. At all other times, the bridges would open on
signal for the passage of vessels.
Presently, only two of these bridges have special operation
regulations published in the Code of Federal Regulations. The Galliano/
South Lafourche (Tarpon) Vertical Lift Bridge, mile 30.6, and the Cote
Blanche Pontoon Bridge, mile 33.9, open on signal; except that, from
2:30 p.m. to 3:30 p.m. and from 4:30 p.m. to 5:30 p.m. Monday through
Friday except Federal holidays, the draws need not open for the passage
of vessels. The other four bridges open on signal for the passage of
vessels pursuant to 33 CFR 117.5.
Traffic counts and vessel openings vary among the six bridges. The
Louisiana Department of Transportation and Development provided
information on vessel openings and traffic counts for the Larose
Pontoon Bridge, mile 39.1; the Galliano/South Lafourche (Tarpon)
Vertical Lift Bridge, mile 30.6; and the Golden Meadow Vertical Lift
Bridge, mile 23.9. The Lafourche Parish Council provided information on
vessel openings and traffic counts for the Cutoff Vertical Lift Bridge,
mile 36.3; the Cote Blanche Pontoon Bridge, mile 33.9; and the Galliano
Pontoon Bridge, mile 27.8.
The Larose Pontoon Bridge, mile 39.1, is the first bridge south of
the Gulf Intracoastal Waterway intersection. This bridge is located
just south of a flood control structure that has a horizontal clearance
of 56 feet and a depth over the sill of 10 feet. The bridge opens an
average of 410 times a month for vessels. Based upon the request,
approximately 18% of the vessels would be affected by the proposed
closures. Traffic counts indicate that 9,000 vehicles cross the bridge
daily and approximately 23% of those vehicles cross during the
requested closure times. Vessel openings of the bridge delay vehicular
traffic nine minutes per opening, delaying 20 vehicles per opening.
The Larose Pontoon Bridge is presently scheduled for replacement.
The new bridge will be a vertical lift bridge and it will be located
0.4 miles downstream from its present location. Once the new bridge is
constructed, the old bridge will be removed. The special operating
regulation for the old bridge, if approved, may not be transferred to
the new bridge and a new request for a special operation regulation
must be made for the new bridge.
The Cutoff Vertical Lift Bridge, mile 36.3 is the next bridge
downstream from the Larose Pontoon Bridge. The bridge opens an average
of 419 times a month for vessels. Based upon the request, approximately
23% of the vessels would be affected by the proposed closures. Traffic
counts indicate that 7180 vehicles cross the bridge daily and
approximately 33% of those vehicles cross during the requested closure
times. Vessel openings of the bridge delay vehicular traffic five
minutes per opening, delaying 80 vehicles per opening.
The Cote Blanche Pontoon Bridge, mile 33.9 is the next bridge
downstream from the Cutoff Vertical Lift Bridge. The bridge opens an
average of 441 times a month for vessels. Based upon the request,
approximately 23% of the vessels would be affected by the proposed
closures. Traffic counts indicate that 7180 vehicles cross the bridge
daily and approximately 33% of those vehicles cross during the
requested closure times. Vessel openings of the bridge delay vehicular
traffic five minutes per opening, delaying 54 vehicles per opening.
The Galliano/South Lafourche (Tarpon) Vertical Lift Bridge, mile
30.6 is the next bridge downstream from the Cote Blanche Pontoon
Bridge. The bridge opens an average of 430 times a month for vessels.
Based upon the request, approximately 20% of the vessels would be
affected by the proposed closures. Traffic counts indicate that 8000
vehicles cross the bridge daily and approximately 28% of those vehicles
cross during the requested closure times. Vessel openings of the bridge
delay vehicular traffic six minutes per opening, delaying 43 vehicles
per opening.
The Galliano Pontoon Bridge, mile 27.8 is the next bridge
downstream from the Galliano/South Lafourche (Tarpon) Vertical Lift
Bridge. The bridge opens an average of 580 times a month for vessels.
Based upon the request, approximately 23% of the vessels would be
affected by the proposed closures. Traffic counts indicate that 5040
vehicles cross the bridge daily and approximately 34% of those vehicles
cross during the requested closure times. Vessel openings of the bridge
delay vehicular traffic five minutes per opening, delaying 60 vehicles
per opening.
The Golden Meadow Vertical Lift Bridge, mile 23.9 is the next
bridge downstream from the Galliano Pontoon Bridge. The bridge opens an
average of 610 times a month for vessels. Based upon the request,
approximately 30% of the vessels would be affected by the proposed
closures. Traffic counts indicate that 2400 vehicles cross the bridge
daily and approximately 30% of those vehicles cross during the
requested closure times. Vessel openings of the bridge delay vehicular
traffic six minutes per opening, delaying 16 vehicles per opening.
Navigation at the sites of the bridges consists primarily of
commercial and recreational fishing vessels, crew boats, and some
tugboats with barges. Alternate routes are not readily accessible.
The existing regulations on the Galliano/South Lafourche (Tarpon)
Vertical Lift Bridge, mile 30.6 and the Cote Blanche Pontoon Bridge,
mile 33.9, were established on September 20, 1995. Since the
establishment of these special operation regulations, the Coast Guard
has not received any formal complaints regarding the operation of the
bridges. It has been approximately ten years since the last formal
request to change the operating regulations of the Cote Blanche Bridge
and the Galliano/South Lafourche Bridge. The Coast Guard is interested
in obtaining comments in response to this current request from all
interested parties with regard to how the proposed changes to the
regulations will affect them.
Discussion of Proposed Rule
The proposed rule would modify the existing regulations in 33 CFR
117.465 to facilitate the movement of high volumes of vehicular traffic
across the bridges during periods of increased transits during the
school year. These closures would allow for vehicles and school busses
to transit across the bridges unimpeded both before and after school
hours. The change would allow these six bridges on Bayou Lafourche
south of the Gulf Intracoastal Waterway, mile 35.6 west of Harvey Lock,
in Larose, to remain closed to navigation from 7 a.m. to 8 a.m.; from 2
p.m. to 4 p.m.; and from 4:30 p.m. to 5:30 p.m. Monday through Friday
from August 15 to May 31. At all other times, the bridges will open on
signal for the passage of vessels. The proposed regulation does not
affect the SR 1 (Leeville) Vertical Lift Bridge, mile 13.3. This bridge
is a mid-level vertical lift bridge and is scheduled to be replaced
[[Page 52342]]
by a high-level fixed bridge in the near future.
Regulatory Evaluation
This proposed 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. We expect the economic impact of this proposed rule
to be so minimal that a full Regulatory Evaluation under the regulatory
policies and procedures of DHS is unnecessary.
This proposed rule would allow vessels to transit this waterway
with proper notification before and after the peak vehicular traffic
periods. According to the information provided by the applicant, the
public at large is better served by the closure times.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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 proposed
rule would not have a significant economic impact on a substantial
number of small entities. This proposed rule would affect the following
entities: the owners and operators of vessels needing to transit the
bridges during the requested closure periods.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this proposed rule would economically affect it.
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 proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. 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 Eighth Coast Guard District
Bridge Administration Branch at the address above. 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.
Collection of Information
This proposed 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 proposed 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 proposed rule will not result in such an
expenditure, we do discuss the effects of this proposed rule elsewhere
in this preamble.
Taking of Private Property
This proposed rule would 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 proposed 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 proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This proposed rule is not an economically significant rule and
would not create an environmental risk to health or risk to safety that
might disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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 proposed 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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed rule under Commandant Instruction
M16475.1D, 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
[[Page 52343]]
in this case that would limit the use of a categorical exclusion under
section 2.B.2 of the Instruction. Therefore, this proposed rule is
categorically excluded, under figure 2-1, paragraph (32)(e), of the
Instruction, from further environmental documentation.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 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; 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. Sec. 117.465(a) is revised to read as follows:
Sec. 117.465 Lafourche Bayou.
(a) The draws of the following bridges shall open on signal; except
that, from August 15 through May 31, the draw need not open for the
passage of vessels Monday through Friday, except Federal holidays, from
7 a.m. to 8 a.m.; from 2 p.m. to 4 p.m.; and from 4:30 p.m. to 5:30
p.m.:
(1) SR 308 (Golden Meadow) Bridge, mile 23.9, at Golden Meadow.
(2) Galliano Pontoon Bridge, mile 27.8, at Galliano.
(3) SR 308 (South Lafourche (Tarpon)) Bridge, mile 30.6, at
Galliano.
(4) Cote Blanche Pontoon Bridge, mile 33.9, at Cutoff.
(5) Cutoff Vertical Lift Bridge, mile 36.3, at Cutoff.
(6) SR 310 (Larose Pontoon) Bridge, mile 39.1, at Larose.
* * * * *
Dated: August 26, 2005.
Kevin L. Marshall,
Captain, U.S. Coast Guard, Acting Commander, 8th Coast Guard Dist.
[FR Doc. 05-17509 Filed 9-1-05; 8:45 am]
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