[Federal Register: September 20, 2006 (Volume 71, Number 182)]
[Proposed Rules]
[Page 54946-54948]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20se06-28]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD08-06-034]
RIN 1625-AA09
Drawbridge Operation Regulation; Bayou Lafourche, LA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to change the regulations governing
the draw of the Valentine Pontoon Bridge across Bayou Lafourche, mile
44.7, in Lafourche Parish, Louisiana. The regulation will allow for the
bridge to be unmanned and remain closed during hours of infrequent
traffic with an advance notification requirement to open the bridge.
DATES: Comments and related material must reach the Coast Guard on or
before November 20, 2006.
ADDRESSES: You may mail comments and related material to Commander
(dpb), 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 504-671-2128.
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 [CGD08-06-
034], 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 the
Valentine Pontoon Bridge across Bayou Lafourche, mile 44.7, in
Lafourche Parish, Louisiana. The majority of the bridge's openings
occur between the hours of 6 a.m. and 6 p.m. The bridge owner proposes
to continue to open the bridge on signal during these hours and to open
the bridge on signal if at least four hours advance notification is
given between the hours of 6 p.m. and 6 a.m. Presently, the draw of the
bridge opens on signal for the passage of traffic.
Several large shipyards are located on Bayou Lafourche upstream of
the bridge. The Lafourche Parish Council has contacted these facilities
and has received letters of no objection to the proposed changes. A
recent review of the bridge tender logs indicates that approximately
700 vessels transited through the bridge over the past year.
Approximately 80% of the vessels transiting though the bridge site did
so between the hours of 6 a.m. and 6 p.m. Additionally, it would appear
that the majority of the night time openings for the bridge are for
trawl vessels and they appear to increase during the months of May and
August. Many of the trawl vessels appear to transit in clusters and
pass through the bridge site on the same bridge opening. Presently, it
is unclear as to whether or not a four-hour advance notification will
place an undue burden on the vessel owners; however, the regulation
will be written so that the bridge will be required to open on signal
during the advance notification period if a temporary surge in water
traffic occurs.
Traffic counts were not included as part of the submittal from the
bridge owner as the request is to reduce the requirement of having a
bridge tender at the bridge 24 hours a day due to the limited number of
vessel openings that occur during the hours of 6 p.m. to 6 a.m.
Discussion of Proposed Rule
The proposed rule would modify the existing regulations in 33 CFR
117.465. The modification to the regulations will require the bridge
owner to open the bridge on signal from 6 a.m. until 6 p.m. daily for
the passage of vessels. At all other times, the bridge will open for
signal for the passage of vessels if at least four hours advance
notification is given. This modification will allow the bridge owner to
reduce their requirements to have a bridge tender at the bridge site at
all times. The SR 3220 bridge, mile 49.2, at Lockport, is required to
open on signal for the passage of vessels; except that from 6 p.m. to
10 a.m., the bridge draw shall open on signal if at least four hours
advance notification is given. As the next bridge upstream from the
Valentine Bridge already has a more restrictive regulation established,
the new regulation will only directly affect those individuals whose
vessels or facilities are located within this five mile stretch of the
waterway. The two largest commercial facilities have already submitted
letters of no objection to the proposed changes.
[[Page 54947]]
Included in the regulation will be a clause similar to that which
is included on the SR 3220 bridge that requires the bridge owner to
open the bridge in less than four hours for an emergency and to open
the bridge on signal if a temporary surge in water traffic occurs.
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 is unnecessary.
Prior to proposing this rule, the Coast Guard analyzed the bridge
usage records and determined that requiring four hours notice during
off peak periods would have minimal impact on commercial vessel
traffic. This proposed rule allows vessels ample opportunity to transit
this waterway during the day and with minimal advanced notification at
all other 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.
[[Page 54948]]
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, we believe that this rule should be
categorically excluded, under figure 2-1, paragraph (32)(e), of the
Instruction, from further environmental documentation. Under figure 2-
1, paragraph (32)(e), of the Instruction, an ``Environmental
Determination Check List'' and a ``Categorical Exclusion
Determination'' are not required for this rule. However, comments on
this section still be considered before the final rule.
List of Subjects in 33 CFR Part 117
Bridges.
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. 117.465, paragraphs (b), (c), (d), (e), and (f) are
redesignated paragraphs (c), (d), (e), (f) and (g). A new paragraph (b)
is added to read as follows:
Sec. 117.465 Lafourche Bayou.
* * * * *
(b) The draw of the Valentine bridge, mile 44.7 at Valentine, shall
open on signal; except that, from 6 p.m. to 6 a.m., the draw shall open
on signal if at least four hours advance notification is given. During
the advance notification period, the draw shall open on less than four
hours notice for an emergency and shall open on demand should a
temporary surge in water traffic occur.
* * * * *
Dated: September 10, 2006.
Joel R. Whitehead,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. E6-15561 Filed 9-19-06; 8:45 am]
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