[Federal Register: October 20, 2006 (Volume 71, Number 203)]
[Rules and Regulations]
[Page 61897-61899]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20oc06-10]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD08-06-036]
RIN 1625-AA09
Drawbridge Operation Regulation; Gulf Intracoastal Waterway,
Belle Chasse, LA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Commander, Eighth Coast Guard District, has temporarily
changed the regulation governing the operation of the State Route 23
vertical lift span drawbridge across the Gulf Intracoastal Waterway
(Algiers Alternate Route), mile 3.8, at Belle Chasse, Louisiana. This
temporary final rule is issued to facilitate movement of vehicular
traffic for the New Orleans Open House 2006 Air Show, to be held at the
U.S. Naval Air Station, Joint Reserve Base at Belle Chasse, Louisiana.
DATES: This temporary final rule is effective from 3:30 p.m. on
Saturday, October 21, 2006 until 7 p.m. on Sunday, October 22, 2006.
ADDRESSES: Documents indicated in this preamble as being available
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: David Frank, Bridge Administration
Branch, (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. The event is an annual event
normally held on the last weekend in October. The regulation covering
this annual event was subject to notice and comment, therefore further
comments due to a one-time date change is unnecessary. A regulation
already exists allowing the bridge to remain closed to navigation on
that weekend; however, this year's event will be held on a different
weekend. The closure will only impact the waterway users for 3.5 hours
for two days. The bridge will open for vessels in distress during the
closure period if necessary.
Good Cause for Making Rule Effective in Less Than 30 Days
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective in less than 30 days after
publication in the Federal Register. The closure of the bridge to
marine traffic for this event has previously been the subject of public
notice and comment; however, this year's event will be held one week
earlier and requires a Temporary Rule to be issued to allow the bridge
to remain closed to navigation. As the event will be held within a time
frame of less than 30 days from the date of publication, it would be
impracticable to wait 30 days to make the temporary rule effective.
Background and Purpose
The State Route 23 vertical lift span drawbridge across the Gulf
Intracoastal Waterway (Algiers Alternate Route), mile 3.8, at Belle
Chasse, Louisiana has a vertical clearance of 40 feet above mean high
water in the closed-to-navigation position and 100 feet above mean high
water in the open-to-navigation position. Navigation on the waterway
consists primarily of tugs with tows, commercial fishing vessels, and
occasional recreational craft.
The Department of the Navy requested a temporary rule changing the
operation of the State Route 23 vertical lift span drawbridge. The
change accommodates the additional volume of vehicular traffic that the
New Orleans Open House Air Show generates each year. A large amount of
the general public are expected to attend the New Orleans Open House
Air Show on each day. The change allows for the expeditious dispersal
of the heavy volume of vehicular traffic expected to depart the Naval
Air Station, Joint Reserve Base following the event. This event has
been held annually on the last weekend in October. This year, however,
the event is being held on a different weekend.
Discussion of Rule
The Coast Guard is temporarily changing the regulation in 33 CFR
part 117 without publishing a NPRM. The temporary change allows the
bridge to remain closed for 3.5 hours per day for two days to
facilitate a community activity and will minimally affect waterway
users wishing to transit through the bridge on this date. This event is
an annual event and waterway users have never expressed any concerns
regarding the delays to facilitate this event.
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.
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.
This temporary rule will be only be for only 3.5 hours duration on
two consecutive days and is therefore
[[Page 61898]]
expected to have only a minor affect on the local economy.
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 temporary
rule will not have a significant economic impact on a substantial
number of small entities.
This rule may affect the following entities, some of which may be
small entities: the owners or operators of vessels intending to transit
through the SR 23 bridge during the closure period. There is not
expected to be a significant impact due to the short duration of the
closure and the publicity given to the event. Before the effective
period, we will issue maritime advisories widely available to users of
the waterway.
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 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 may
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,
and Department of Homeland Security Management Directive 5100.1, 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. Under figure 2-1, paragraph (32)(e), of the Instruction,
an ``Environmental Analysis Check List'' and a ``Categorical Exclusion
Determination'' are not required for this rule.
List of Subjects in 33 CFR Part 117
Bridges.
0
For the reasons set out in the preamble, the Coast Guard amends 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
[[Page 61899]]
under the authority of Pub. L. 102-587, 106 Stat. 5039.
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2. From 3:30 p.m. on October 21, 2006 until 7 p.m. on October 22, 2006,
temporarily suspend Sec. 117.451(b) and temporarily add new paragraph
(f) to read as follows:
Sec. 117.451 Gulf Intracoastal Waterway.
* * * * *
(f) The draw of the SR 23 bridge, Algiers Alternate Route, mile 3.8
at Belle Chasse will open on signal; except that on Saturday, October
21, 2006 and Sunday, October 22, 2006, the draw need not open for the
passage of vessel from 3:30 p.m. until 7 p.m. The draw shall open at
any time for a vessel in distress.
Dated: October 3, 2006.
Ronald W. Branch,
Captain, U.S. Coast Guard, Commander, 8th Coast Guard Dist., Acting.
[FR Doc. E6-17646 Filed 10-19-06; 8:45 am]
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