

[Federal Register: January 2, 2008 (Volume 73, Number 1)]
[Rules and Regulations]               
[Page 41-43]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02ja08-9]                         

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2007-0146]
RIN 1625-AA09

 
Drawbridge Operation Regulation; Milhomme Bayou, Stephensville, 
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 Stephensville Bridge across Milhomme Bayou, mile 12.2, 
(Landside Route) at Stephensville, St. Martin Parish, Louisiana and 
canceling the test deviation concerning this bridge. Currently the 
bridge opens on signal, but due to the minimal waterway traffic, the 
bridge owner requested this change. The 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: This rule is effective February 1, 2008. The test deviation 
published on October 5, 2007, 72 FR 56898 is cancelled as of February 
1, 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-2007-0146. The docket is available at 
http://www.regulations.gov and will include any personal information 

you have provided.

FOR FURTHER INFORMATION CONTACT: Bart Marcules, 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 October 2, 2007, we published a notice of proposed rulemaking 
(NPRM) entitled ``Drawbridge Operation Regulations; Milhomme Bayou, 
Stephensville, LA'' in the Federal Register (72 FR 56025). We received 
no letters commenting on the proposed rule. No public meeting was 
requested, and none was held.

Background and Purpose

    St. Martin Parish requested that the operating regulation on the 
Stephensville Bridge be changed in order to operate the bridge more 
efficiently. The Stephensville Bridge located on Milhomme Bayou at mile 
12.2 (Landside Route of the Morgan City Port Allen Alternate Route) 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 clearance in the open position. 
The Stephensville Bridge opened on signal as required by 33 CFR 117.5; 
however, the waterway traffic is 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 concerning this schedule of operation, a Test Deviation was 
published on October 5, 2007, entitled ``Drawbridge Operation 
Regulation; Milhomme Bayou, Stephensville, LA'' in the Federal Register 
(72 FR 56898). This test deviation was issued to allow St. Martin 
Parish to test the proposed schedule and to obtain data and public 
comments. This deviation is being canceled 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.

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

[[Page 42]]

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.
    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, and will open as soon as possible 
for emergencies. Also the bridge will open on demand should a temporary 
surge in waterway traffic occur, and this schedule was tested without 
any complaints.

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 tugboats and trawlers using the waterway. 
This 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. Lastly, no comments or complaints were received 
concerning this new operating schedule.

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.

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 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 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 made a preliminary determination that this action is not likely to 
have a significant effect on the human environment because it simply 
promulgates the operating regulations or procedures for drawbridges.

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:

[[Page 43]]

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. 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 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: December 21, 2007.
J.R. Whitehead,
Rear Admiral, U.S. Coast Guard Commander, Eighth Coast Guard District.
[FR Doc. E7-25495 Filed 12-31-07; 8:45 am]

BILLING CODE 4910-15-P
