[Federal Register: March 11, 2008 (Volume 73, Number 48)]
[Rules and Regulations]
[Page 12886-12888]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11mr08-8]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2007-0079]
RIN 1625-AA09
Drawbridge Operation Regulation; Tchefuncta River, Madisonville,
LA
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is changing the regulation governing the
operation of the State Route 22 (S22) Bridge across the Tchefuncta
River, mile 2.5, at Madisonville, St. Tammany Parish, Louisiana and
cancelling the test deviation presently in effect for this bridge. This
change is being made in order to enhance the flow of vehicles across
the bridge during peak traffic hours.
DATES: This rule is effective April 10, 2008. The test deviation,
docket number USCG-2007-0082, old docket number
[[Page 12887]]
CGD08-07-034, (72 FR 64152) is cancelled as of April 10, 2008.
ADDRESSES: Comments and related materials received from the public, as
well as documents indicated in this preamble as being available in the
docket, are part of docket USCG-2007-0079, previously published under
docket number CGD08-07-038. The docket is available at http://
www.regulations.gov. This material is also available for inspection or
copying at two locations: The Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays and the office of
the Commander, Eighth Coast Guard District, Bridge Administration
Branch, 500 Poydras Street, Room 1313, New Orleans, LA 70130-3310
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. If you have questions on viewing or
submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On November 15, 2007, we published a notice of proposed rulemaking
(NPRM) entitled ``Drawbridge Operation Regulations; Tchefuncta River,
Madisonville, LA'' in the Federal Register (72 FR 64175) under docket
number CGD08-07-033. No public meeting was requested, and none was
held.
Concurrent with the publication of the Notice of Proposed
Rulemaking, a Test Deviation, USCG-2007-0082, old docket number CGD08-
07-037, was published in the Federal Register (72 FR 64152) on November
15, 2007 to allow the Louisiana Department of Transportation and
Development to test the proposed schedule and to obtain data and public
comments. The test period was in effect during the entire Notice of
Proposed Rulemaking comment period. The Coast Guard has reviewed the
public comments from this Notice of Proposed Rulemaking and the above
referenced Temporary Deviation and determined that a permanent special
drawbridge operating regulation is warranted.
Background and Purpose
The Louisiana Department of Transportation and Development
requested that the operating regulation of the S22 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 S22 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 requested that the operating regulation be changed
to read as follows: The draw of the S22 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 and the Coast
Guard believe that this change to the 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.
Discussion of Comments and Changes
The Coast Guard received a total of twelve letters of comment in
response to the NPRM and the test deviation. Three of the letters were
from Federal or state environmental agencies, stating that there was no
objection to the proposal. Nine letters were from local citizens, seven
of which stated approval of the proposed change. One of the approval
letters indicated a desire for the period for opening only on the hour
beginning at 2:30 p.m. to accommodate more of the school traffic. The
Coast Guard believes that extending the restriction to open only on the
hour beginning at 2:30 p.m. will cause the boating traffic to be too
severely restricted through the majority of the day. Thus, the
suggested change to the proposed regulation is not considered by the
Coast Guard to be in the best interest of boaters who have already been
restricted from bridge openings in the mornings and afternoons. Two of
the letters neither opposed nor supported the proposal, but generally
expressed dissatisfaction with the usual daily movement of vehicular
traffic through Madisonville and across the S22 Bridge. These letters
were forwarded to LDOTD for their consideration.
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 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 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 will not
have a significant economic impact on a substantial number of small
entities.
This rule will affect a limited number of small entities. These
entities include operators of pleasure powerboats and sailboats using
the waterway. This proposed rule will not significantly impact these
small entities because they are able to schedule transits through this
bridge.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking process. The
Coast Guard provided contact information, so that small entities could
ask questions concerning this rule.
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
[[Page 12888]]
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). 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 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 expenditure, we do
discuss the effects of this rule elsewhere in this 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 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 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
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 because this rule involves drawbridge regulations.
Therefore, this rule is categorically excluded, under figure 2-1,
paragraph (32)(e) of the Instruction, from further environmental
documentation.
List of Subjects in 33 CFR Part 117
Bridges.
Words of Issuance and Regulatory Text
0
For the reasons discussed 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; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 0170.1.
0
2. Sec. 117.500 is revised to read as follows:
Sec. 117.500 Tchefuncta River.
The draw of the S22 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: February 27, 2008.
Joel R. Whitehead,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. E8-4818 Filed 3-10-08; 8:45 am]
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