[Federal Register: October 2, 2007 (Volume 72, Number 190)]
[Proposed Rules]
[Page 56025-56027]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02oc07-12]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. CGD08-07-023]
RIN 1625-AA09
Drawbridge Operation Regulations; Milhomme Bayou, Stephensville,
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 Stephensville Bridge across Milhomme Bayou, mile
12.2, at Stephensville, St. Martin Parish, Louisiana. Currently the
bridge opens on signal, but due to the minimal waterway traffic, the
bridge owner requested this change. The proposed rule will require the
draw of the bridge to open on signal if at least one hour of advance
notice is given. During the advance notice period, the draw shall open
on less than one hour notice for an emergency, and shall open on demand
should a temporary surge in waterway traffic occur.
DATES: Comments and related material must reach the Coast Guard on or
before December 3, 2007.
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: Bart Marcules, 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 [CGD08-07-
023], 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
St. Martin Parish has requested that the operating regulation on
the Stephensville Bridge be changed in order to operate the bridge more
efficiently. The Stephensville Bridge locate on Milhomme Bayou at mile
12.2 in Stephensville, St. Martin Parish, Louisiana has a vertical
clearance of 5.8 feet above mean high water, elevation 3.5 feet Mean
Sea Level (MSL) in the closed position and unlimited in the open
position. The Stephensville Bridge opens on signal as required by 33
CFR 117.5, and this operating schedule has been in effect since 2002
when the current bridge replaced an existing bridge in the area. The
previous bridge's operating schedule was, ``shall open on signal;
except that, from 10 p.m. to 6 a.m. the draw shall open on signal if at
least two hours notice is given. During the advance notice period, the
draw shall open on less than two hours notice for an emergency and
shall open on demand should a temporary surge in waterway traffic
occur.''
Since the completion of the current bridge, the waterway traffic
has been minimal and during the past twelve months an average of 5
boats per day have requested an opening. Most of the boats requesting
openings are commercial vessels consisting of tugboats with barges and
shrimp trawlers that routinely transit this waterway and are able to
give advance notice.
Concurrent with the publication of the Notice of Proposed
Rulemaking, a Test Deviation [CGD08-07-022], has been issued to allow
St. Martin Parish to test the proposed schedule and to obtain data and
public comments. The test period will be in effect during the entire
Notice of Proposed Rulemaking comment period. The Coast Guard will
review the logs of the drawbridge and evaluate public comments from
this Notice of Proposed Rulemaking and the above referenced Temporary
Deviation to determine if a permanent special drawbridge operating
regulation is warranted.
The Test Deviation allows the draw of the Stephensville Bridge to
open on signal if at least one hour of advance notice is given. During
the advance notice period, the draw shall open on less than one hour
notice for an emergency and shall open on demand should a temporary
surge in waterway traffic occur.
Discussion of Proposed Rule
The proposed rule change to 33 CFR part 117 would require that a
one hour advance notice be given for St. Martin parish to open the
Stephensville Bridge. Presently and historically the waterway has
minimal waterway traffic and the bridge owner could use the tenders
more efficiently if at least one hour notice is required. During
emergencies, the bridge owner will open the bridge as soon as possible
and open on demand when a surge in waterway 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.
A special regulation existed on the replaced bridge and the Coast
Guard did not receive complaints regarding the drawbridge operating
schedule during the many years that bridge was operated under a special
regulation. The current and historical waterway traffic is very minimal
with an average of 5 signals to open a day and most signals come from
commercial vessels able to schedule an opening. The bridge is also only
requiring a one hour advance notice,
[[Page 56026]]
and will open as soon as possible for emergencies. Also the bridge will
open on demand should a temporary surge in waterway traffic occur.
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 a limited
number of small entities. These entities include operators of tug boats
and trawlers using the waterway. This proposed rule will have no impact
on any small entities because they are able to give notice prior to
transiting through this bridge and most vessel operators that require
an opening are currently providing advance notice.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this 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 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 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 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.lD and Department of Homeland Security Management Directive
5100.1, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination 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, (32)(e), of the
Instruction, from further environmental documentation. Under figure 2-
1, paragraph (32)(e), an ``Environmental Analysis Check List'' or
``Categorical Exclusion Determination'' is not required for this rule.
Comments on this section will be considered before we make the final
decision on whether
[[Page 56027]]
to categorically exclude this rule from further environmental review.
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; 33 CFR 1.05-1(g); Department of
Homeland Security Delegation No. 0170.1.
2. Section 117.481 is added to read as follows:
Sec. 117.481 Milhomme Bayou
The draw of the Stephensville Bridge, mile 12.2 (Landside Route) at
Stephensville, LA shall open on signal if at least one hour of advance
notice is given. During the advance notice period, the draw shall open
on less than one hour notice for an emergency, and shall open on demand
should a temporary surge in waterway traffic occur.
Dated: September 21, 2007.
Joel R. Whitehead,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. E7-19422 Filed 10-1-07; 8:45 am]
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