[Federal Register: December 28, 2005 (Volume 70, Number 248)]
[Rules and Regulations]
[Page 76689-76691]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28de05-10]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD08-05-049]
RIN 1625-AA09
Drawbridge Operation Regulation; Bayou Lafourche, LA
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is changing 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: This rule is effective January 27, 2006.
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 [CGD08-05-049], which has incorporated docket [USCG-
2005-22363] into the original docket, and 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 Bridge Administration Branch maintains the public
docket for this rulemaking.
FOR FURTHER INFORMATION CONTACT: David Frank, Bridge Administration
Branch, telephone 504-589-2965.
SUPPLEMENTARY INFORMATION:
Regulatory History
On September 2, 2005, we published a notice of proposed rulemaking
(NPRM) entitled, ``Drawbridge Operation Regulation; Lafourche Bayou,
Lafourche Parish, LA,'' in the Federal Register (70 FR 52340). Due to
the passage of Hurricane Katrina, the Coast Guard issued a second
notice of proposed rulemaking indicating that comments should be sent
to a new location due to the temporary closure of the Bridge
Administration Office in New Orleans. On September 8, 2005, we
published the second notice of proposed rulemaking (NPRM) entitled,
``Drawbridge Operation Regulation; Lafourche Bayou, Lafourche Parish,
LA,'' in the Federal Register (70 FR 53328). 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 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 Bridge, mile 23.9; the Galliano Pontoon Bridge, mile
27.8; the 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 in place. 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.
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)
[[Page 76690]]
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 9000 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 site of the bridge 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.
Discussion of Comments and Changes
Four letters were received with regard to the NPRM. The Gulf
Intracoastal Canal Association objected to the proposed changes.
Blessey Marine objected to the proposed changes. American Commercial
Barge Lines objected to the proposed changes. The Greater Lafourche
Port Commission (GLPC) provided comments regarding their authority to
regulate commerce and traffic in the Tenth Ward of Lafourche Parish and
sought the right to discuss this serious matter at its committee and
board meetings and possibly comment on the proposed revisions. The GLPC
held its meeting and did not submit any additional comments.
The Coast Guard contacted the three entities that objected to the
proposed changes and provided additional information with regard to the
location of the bridges so that their objections and concerns have been
relieved. Based upon these comments and subsequent discussions with the
objectors, 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.
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
would not have a significant economic impact on a substantial number of
small entities.
[[Page 76691]]
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. 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 any individual or entity that questions or
complains about this rule or any policy or action of the Coast Guard.
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 this preamble.
Taking of Private Property
This 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 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 would not create 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 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 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 M16475.1D,
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 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. Since this
rule will alter the normal operating conditions of the drawbridge, it
falls within this exclusion.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
0
For the reasons discussed in the preamble, the Coast Guard proposes to
amend 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. Sec. 117.465(a) is revised to read as follows:
Sec. 117.465 Lafourche Bayou.
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: December 20, 2005.
R.F. Duncan,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 05-24539 Filed 12-27-05; 8:45 am]
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