[Federal Register: September 2, 2005 (Volume 70, Number 170)]
[Proposed Rules]
[Page 52343-52345]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02se05-32]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD08-05-046]
RIN 1625-AA09
Drawbridge Operation Regulation; Gulf Intracoastal Waterway, West
Larose, LA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to change the regulation governing
the operation of the SR 1 (West Larose) vertical lift bridge across the
Gulf Intracoastal Waterway, mile 35.6 west of Harvey Lock, at Larose,
Louisiana. The Lafourche Parish Council has requested that the bridge
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-
046), 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 schedule of the SR 1
(West Larose) vertical lift bridge across the Gulf Intracoastal
Waterway, mile 35.6 west of Harvey Lock, at Larose, Louisiana. The
modification of the existing regulations will allow the bridge 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 during the
school year. Currently, the bridge opens on signal pursuant to 33 CFR
117.5.
Approximately 11,600 vehicles cross the bridge daily, 25% of which
cross the bridge during the requested closure times. The bridge
averages 976 openings a month. Approximately 25% of the bridge openings
occur during the requested closure times. The average length of a
bridge opening is approximately 10 to 12 minutes.
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 35 feet above high water.
It should be noted that there have been two previous requests by
the Lafourche Parish to establish special operating regulations for
this bridge. On December 7, 1994, the Coast Guard published a notice of
proposed rulemaking (NPRM) in the Federal Register (59 FR 63068). The
proposed change to the regulation would have required that from 7 a.m.
to 8:30 a.m. and from 4:30 p.m. to 6 p.m. Monday through Friday, except
Federal holidays, the draw of the bridge would remain closed to
navigation for passage of vehicular traffic during peak traffic
periods. At all other times the draw
[[Page 52344]]
would open on signal for passage of vessels.
The Coast Guard received 10 letters in response to the NPRM
objecting to the proposed rule. Many of the objectors, who were
associated with a local school, stated that the bridge would reopen
after an extended closure 30 minutes before the start of school
possibly affecting the ability of students to arrive at school on time.
The applicant was given an opportunity to address the objections. The
applicant modified their proposal and resubmitted a new request for a
proposed rule.
A second NPRM was published in the Federal Register (60 FR 40139)
on August 7, 1995, instead of a Supplementary Notice of Proposed
Rulemaking (SNPRM).
The second NPRM proposed to change the regulation to require that
from 7 a.m. to 9 a.m. and from 4:30 p.m. to 6 p.m. Monday through
Friday, except Federal holidays, the draw of the bridge would remain
closed to navigation for passage of vehicular traffic during peak
traffic periods. At all other times the draw would open on signal for
the passage of vessels.
Two letters of objection were received in response to the second
NPRM. These objections were from waterway interests stating that the
closure would increase the risk of accidents by vessels having to wait
for bridge openings, while vehicles have an alternate route across the
waterway. These concerns were forwarded to the applicant to attempt to
reach an acceptable solution. The applicant did not address the
concerns of these objectors or offer an alternative proposal.
The Coast Guard, therefore, withdrew the notices of proposed
rulemaking and terminated further rulemaking on the proposals.
The Lafourche Parish Council submitted another request in 1998.
When the Coast Guard requested additional information regarding the
closure, no further information was submitted and the request was
suspended.
It has been approximately seven years since the last formal
request. 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 regulation in 33 CFR
117.5 to facilitate the movement of high volumes of vehicular traffic
across the bridge during periods of increased transit during the school
year. These closures would allow for vehicles and school busses to
transit across the bridge unimpeded both before and after school hours.
The change would allow the SR 1 (West Larose) vertical lift bridge
across the Gulf Intracoastal Waterway, mile 35.6 west of Harvey Lock,
at 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 bridge would open on
signal for the passage of vessels.
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
bridge 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.
[[Page 52345]]
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 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. In Sec. 117.451, paragraphs (c), (d), and (e) are redesignated
paragraphs (d), (e), and (f) and a new paragraph (c) is added to read
as follows:
Sec. 117.451 Gulf Intracoastal Waterway.
* * * * *
(c) The draw of the SR 1 (West Larose) Bridge, mile 35.6 west of
Harvey Lock, at Larose, 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.
* * * * *
Dated: August 26, 2005.
Kevin L. Marshall,
Captain, U.S. Coast Guard, Acting Commander, 8th Coast Guard Dist.
[FR Doc. 05-17510 Filed 9-1-05; 8:45 am]
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