[Federal Register: November 15, 2007 (Volume 72, Number 220)]
[Proposed Rules]
[Page 64175-64177]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15no07-28]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD08-07-038]
RIN 1625-AA09
Drawbridge Operation Regulations; Tchefuncta River, Madisonville,
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 State Route 22 (SR 22) swing span bridge across
Tchefuncta River, mile 2.5, at Madisonville, St. Tammany Parish,
Louisiana. The Louisiana Department of Transportation and Development
has requested changes to the present drawbridge operating regulations
in 33 CFR 117.500 to enhance the flow of vehicles across the bridge
during peak traffic hours.
DATES: Comments and related material must reach the Coast Guard on or
before January 14, 2008.
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: Phil Johnson, 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-
038], 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 Louisiana Department of Transportation and Development has
requested that the operating regulation of the SR 22 swing span bridge
be changed in order to better accommodate the vehicular traffic
crossing the bridge during peak, weekday rush hours. Currently 33 CFR
117.500 reads: ``The draw of the SR 22 Bridge, mile 2.5, at
Madisonville shall open on signal except that, from 5 a.m. to 8 p.m.,
the draw need open only on the hour and half-hour.''
The bridge owner has requested that the operating regulation be
changed to read as follows: The draw of the SR 22 Bridge, mile 2.5 at
Madisonville, shall open on signal from 7 p.m. to 6 a.m. From 6 a.m. to
7 p.m., the draw need only open on the hour and half hour, except that,
from 6 a.m. to 9 a.m. and from 4 p.m. to 7 p.m. Monday through Friday
except Federal holidays, the draw need only open on the hour. The
Louisiana Department of Transportation and Development believes that
the proposed operating regulation will accommodate most vehicular
traffic, and that the needs of navigation will also be met. Most of the
vessels that request openings are recreational powerboats and sailboats
that routinely transit this waterway and are able to adjust their
schedules to coincide with the proposed drawbridge operating schedule.
Concurrent with the publication of the Notice of Proposed
Rulemaking, a Test Deviation [CGD08-07-037] has been issued to allow
the Louisiana Department of Transportation and Development 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 change to the permanent special drawbridge operating regulation is
warranted.
The Test Deviation allows the draw of the SR 22 Bridge to open on
signal from 7 p.m. to 6 a.m. From 6 a.m. to 7 p.m., the draw need only
open on the hour and half hour, except that, from 6 a.m. to 9 a.m. and
from 4 p.m. to 7 p.m. Monday through Friday except Federal holidays,
the draw need only open on the hour.
Discussion of Proposed Rule
The proposed rule change to 33 CFR 117.500 would extend the time
between openings from 30 minutes to an hour, but only during the
morning rush hours between 6 a.m. and 9 a.m. and the afternoon rush
hours between 4 p.m. and 7 p.m. This additional time would allow
commuters and school buses to cross the bridge freely and prevent
vehicular traffic from backing up.
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. This is
because the current and historical waterway traffic is comprised almost
entirely of recreational vessels that can easily adjust schedules for
transits through the bridge.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered
[[Page 64176]]
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 pleasure
powerboats and sailboats using the waterway. This proposed rule would
have no impact on any small entities because they are able to schedule
transits through this bridge.
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
M16475.1D 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 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:
[[Page 64177]]
Authority: 33 U.S.C. 499; 33 CFR 1.05-1(g); Department of
Homeland Security Delegation No. 0170.1.
2. Sec. 117.500 is revised to read as follows:
Sec. 117.500 Tchefuncta River.
The draw of the SR 22 Bridge, mile 2.5, at Madisonville, shall open
on signal from 7 p.m. to 6 a.m. From 6 a.m. to 7 p.m., the draw need
only open on the hour and half hour, except that, from 6 a.m. to 9 a.m.
and from 4 p.m. to 7 p.m. Monday through Friday except Federal
holidays, the draw need only open on the hour.
Dated: November 6, 2007.
J.H. Korn,
Captain, U.S. Coast Guard, Acting Commander, 8th Coast Guard Dist.
[FR Doc. E7-22363 Filed 11-14-07; 8:45 am]
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