[Federal Register Volume 75, Number 61 (Wednesday, March 31, 2010)]
[Rules and Regulations]
[Pages 16007-16009]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-7167]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2009-0686]
RIN 1625-AA09
Drawbridge Operation Regulation; Lower Grand River, Iberville
Parish, LA
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is changing the regulation governing the
operation of the LA 75 pontoon bridge, mile 38.4, in Iberville Parish,
Louisiana. The Iberville Parish School Board requested that the
operating regulation of the LA 75 pontoon bridge be changed to add an
additional 30 minutes to the end of the morning scheduled closure
period to provide more time for school buses to transit across the
bridge. The additional time is needed as a result of school
redistricting.
DATES: This rule is effective April 30, 2010.
ADDRESSES: Comments and related materials received from the public, as
well as documents mentioned in this preamble as being available in the
docket, are part of docket USCG-2009-0686 and are available online by
going to http://www.regulations.gov, inserting USCG-2009-0686 in the
``Keyword'' box, and then clicking ``Search.'' This material is also
available for inspection or copying at 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.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On November 10, 2009, we published a notice of proposed rulemaking
(NPRM) entitled Drawbridge Operation Regulations; Lower Grand River,
Iberville Parish, LA in the Federal Register (74 FR 57884). We received
one comment on the proposed rule. No public meeting was requested, and
none was held.
Background and Purpose
The Iberville Parish School Board requested a change in the
operation regulation for the LA 75 pontoon and the LA 77 swing bridge
across the Lower Grand River, mile 38.4 and 47.0, respectively, in
Iberville Parish, Louisiana. The change would add an additional 30
minutes to the end of each scheduled closure period to provide more
time for school buses to transit across the bridge. Extra time is now
needed because one of Iberville Parish's high schools has been closed.
School bus lines have been rerouted, creating the need to have more
time to transit the students over the bridges.
Presently, 33 CFR 117.478(a) and (b) states: The draw of the LA 75
bridge, mile 38.4 (Alternate Route) at Bayou Sorrel and the draw of the
LA 77 bridge, mile 47.0 (Alternate Route) at Grosse Tete, shall open on
signal; except that, from about August 15 to about June 5 (the school
year), the draw of the LA 75 bridge need not be opened from 6 a.m. to
7:30 a.m. and from 3 p.m. to 4:30 p.m. and the draw of the LA 77 bridge
need not be opened from 6 a.m. to 8 a.m. and from 2:30 p.m. to 4:30
p.m., Monday through Friday except Federal holidays. The draws shall
open on signal at any time for an emergency aboard the vessel.
Concurrent with the publication of the notice of proposed
rulemaking, a test deviation [USCG-2009-0686] was issued to allow the
Iberville Parish School Board to test the proposed schedule and to
obtain data and public comments. The test deviation allowed the bridges
to operate as follows: The draw of the LA 75 bridge, mile 38.4
(Alternate Route) at Bayou Sorrel and the draw of the LA 77 bridge,
mile 47.0 (Alternate Route) at Grosse Tete, shall open on signal;
except that, from about August 15 to about June 5 (the school year),
the draw of the LA 75 bridge need not be opened from 6 a.m. to 8 a.m.
and from 3 p.m. to 5 p.m. and the draw of the LA 77 bridge need not be
opened from 6 a.m. to 8:30 a.m. and from 2:30 p.m. to 5 p.m., Monday
through Friday except Federal holidays. The draws shall open on signal
at any time for an emergency aboard the vessel. The test period was in
effect from November 25, 2009 until December 28, 2009.
One comment was received on November 11, 2009, before the test
deviation went into effect, from a mariner expressing concern about the
curfew changes. He is concerned because he believes there is already a
congestion problem on the waterway during the closure periods and the
additional 30 minutes would make the congestion worse. We did not
receive any comments during or after the test deviation.
The Coast Guard has reviewed bridge tender logs from before,
during, and after the test deviation became effective. The logs do not
indicate an appreciable difference in the number of openings with the
additional 30 minute closure period. The Coast Guard also reviewed the
school buses crossing the bridges during the test deviation. The report
indicated that the only time extension needed for the school buses is
the morning closure for LA 75 pontoon bridge at Bayou Sorrel. Based on
the research and data that was reviewed and the comment that was
received, the Coast Guard has determined that the permanent change to
the operating regulation for the Bayou Sorrel, LA 75 pontoon bridge
morning closure period is warranted. The LA 75 pontoon bridge at Bayou
Sorrel afternoon bridge closure and the LA 77 swing bridge at Grosse
Tete morning and afternoon closures will remain as they are presently
regulated.
Discussion of Comments and Changes
The Coast Guard received one comment from a mariner on November 11,
2009. Although he recognizes the importance of getting children to
school at the proper times, he is worried about the increase in the
duration of time that the bridges would be closed because it would add
to a current congestion issue during those periods of closure. The
Coast Guard has analyzed the data and research on the impact of the
time
[[Page 16008]]
adjustment on vessel traffic and has concluded that there is not a
significant impact. Furthermore, the Coast Guard has analyzed the data
and research on the impact the time adjustment has made on school bus
traffic and has concluded that the only bridge closure in need of the
time adjustment is the morning closure at the LA 75 pontoon bridge at
Bayou Sorrel. Therefore, this is the only closure that will be
permanently changed in the regulatory text.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
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 is unnecessary. The changes have a minimal
impact on maritime traffic transiting the bridge. Mariners can plan
their trips in accordance with the scheduled bridge openings. The
changes to the regulatory text published in the NPRM will be less
restrictive than what was published. The afternoon closure at the LA 75
pontoon bridge at Bayou Sorrel and both the morning and afternoon
closures at the LA 77 swing bridge at Grosse Tete will remain unchanged
to what is currently published in the operating regulations.
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 the following entities, some of which might
be small entities: The owners or operators of vessels that would be
transiting the bridge during that 30 minute increment of time. Because
the amount of time that would be added to the current bridge closure
period is minimal, this rule will not affect a substantial number of
small entities and therefore will not have a substantial economic
impact.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM (SNPRM) 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.
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 (adjusted for
inflation) 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 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 Department of Homeland Security
[[Page 16009]]
Management Directive 023-01 and 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 this action is one of a category of actions which do not
individually or cumulatively have a significant effect on the human
environment. This rule is categorically excluded, under figure 2-1,
paragraph (32)(e), of the Instruction.
Under figure 2-1, paragraph (32)(e), of the Instruction, an
environmental analysis checklist and a categorical exclusion
determination are not required for this rule.
List of Subjects in 33 CFR Part 117
Bridges.
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. In Sec. 117.478 paragraph (a) is revised to read as follows:
Sec. 117.478 Lower Grand River.
(a) The draw of the LA 75 bridge, mile 38.4 (Alternate Route) at
Bayou Sorrel, shall open on signal; except that from about August 15 to
about June 5 (the school year), the draw need not be opened from 6 a.m.
to 8 a.m. and from 3 p.m. to 4:30 p.m., Monday through Friday except
holidays. The draw shall open on signal at any time for an emergency
aboard a vessel.
* * * * *
Dated: March 15, 2010.
Mary E. Landry,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2010-7167 Filed 3-30-10; 8:45 am]
BILLING CODE 9110-04-P