
[Federal Register: March 11, 2008 (Volume 73, Number 48)]
[Rules and Regulations]               
[Page 12884-12886]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11mr08-6]                         

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2007-0078]
RIN 1625-AA09

 
Drawbridge Operation Regulation; Liberty Bayou, Slidell, 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 433 (S433) Bridge across Liberty Bayou, 
mile 2.0, at Slidell, St. Tammany Parish, Louisiana and cancelling the 
test deviation presently in effect for this bridge. This change is 
being made in order to reduce the hours of manned operation of the 
bridge to make more efficient use of personnel and operating resources.

DATES: This rule is effective April 10, 2008. The test deviation, USCG-
2007-0081, published on November 15, 2007, under docket number CGD08-
07-032, (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-2007-0078, previously published under 
docket number CGD08-06-010. The docket is available at http://
www.regulations.gov. This material is also available for inspection of 
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 supplemental notice of 
proposed rulemaking (SNPRM) entitled ``Drawbridge Operation 
Regulations; Liberty Bayou, Slidell, LA'' in the Federal Register, (72 
FR 64177), USCG-2007-0078, previously published under docket number 
CGD08-06-010. No public meeting was requested, and none was held.
    Concurrent with the publication of the SNPRM, a Test Deviation, 
USCG-2007-0081, old docket number CGD08-07-032, was published on 
November 15, 2007 entitled, ``Drawbridge Operation Regulations; Liberty 
Bayou, Slidell, LA'' in the Federal Register, (72 FR 64152) to allow 
the Louisiana Department of Transportation and Development to test the 
proposed schedule and to obtain data and public comments. The Coast 
Guard received no public comments from this SNPRM or the above 
referenced Test Deviation. This deviation is being cancelled upon this 
final rule going into effect because there have been no comments or 
complaints, and the new operating schedule will be permanent upon 
cancellation. This deviation from the operating regulations was 
authorized under 33 CFR 117.35.

Background and Purpose

    On May 4, 2006, The Coast Guard published a Notice of Proposed 
Rulemaking in the Federal Register (86 FR 26290), under docket number 
CGD08-06-010. The proposed rule would have changed the notice required 
for an opening from 12 hours to 4 hours. The Coast Guard did not 
receive any comments as a result of the Notice of Proposed Rulemaking, 
but a final rule was not published. Subsequently, the bridge owner 
requested that the operating regulation for the bridge again be revised 
so that the bridge will open on signal, except that from 7 p.m. to 7 
a.m., the bridge will open on signal if at least 2 hours notice is 
given.
    The Louisiana Department of Transportation and Development has 
requested that the operating regulation of the S433 pontoon span bridge 
be changed in order to make more efficient use of operating resources. 
Currently, the draw of the S433 Bridge opens on signal except that from 
9 p.m. to 5 a.m. the draw will open on signal if at least 12 hours 
notice is given, as required by 33 CFR 117.469.
    Traffic counts indicate that an average of 6000 vehicles cross the 
bridge daily and approximately 1025, or 17.1% of those, cross between 
the hours of 7 p.m. and 7 a.m. Bridge tender logs for a three-month 
period show that the bridge opened 540 times, or an average of 6 times 
per day, to pass vessels. Of those vessel openings during the three-
month period, 56, or 10.2% of them, were between the hours of 7 p.m. 
and 7 a.m. Most of the boats requesting openings are recreational 
fishing vessels, recreational powerboats and sailboats that routinely 
transit this waterway and are able to give advance notice.
    On November 24, 2006 a Coast Guard Bridge Permit was issued 
approving the construction of a new swing span bridge

[[Page 12885]]

to be constructed to replace the existing pontoon span bridge. Upon 
completion of construction, the new bridge will provide a vertical 
clearance of 7.59 feet above the 2% flow line. While this vertical 
clearance will accommodate many small recreational boats, larger 
vessels will still require an opening of the draw for passage. The 
schedule, placed into effect by this final rule, will be carried over 
to this new bridge.

Discussion of Comments and Changes

    The Coast Guard did not receive any comments or responses to the 
SNPRM or the test deviation.

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 is unnecessary. This conclusion is based on 
the fact that all vessel traffic will still be able to transit through 
the bridge between 7 p.m. and 7 a.m. after providing the two-hour 
advance notice for bridge openings.

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 not significantly impact 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.

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. No small entities contacted the 
Coast Guard.
    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). 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.

[[Page 12886]]

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.  117.469 is revised to read as follows:


Sec.  117.469  Liberty Bayou.

    The draw of the S433 Bridge, mile 2.0, at Slidell, shall open on 
signal, except that between 7 p.m. to 7 a.m., the draw shall open on 
signal if at least two hours notice is given.

    Dated: February 27, 2008.
Joel R. Whitehead,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. E8-4816 Filed 3-10-08; 8:45 am]

BILLING CODE 4910-15-P
