

[Federal Register: December 12, 2007 (Volume 72, Number 238)]
[Rules and Regulations]               
[Page 70515-70516]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12de07-6]                         

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD08-07-042]
RIN 1625-AA09

 
Drawbridge Operating Regulation; Gulf Intracoastal Waterway 
(Algiers Alternate Route), Belle Chasse, LA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the operating regulation for the 
State Route 23 vertical lift bridge across the Gulf Intracoastal 
Waterway (Algiers Alternate Route), mile 3.8, at Belle Chasse, 
Louisiana. The portion of the existing regulation allowing the bridge 
to remain closed to navigation on the last weekend in October is no 
longer necessary and is being removed from the operating schedule.

DATES: This rule is effective on December 12, 2007.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket [CGD08-07-042] and are available for 
inspection or copying at Eighth Coast Guard District, Bridge 
Administration Branch, Hale Boggs Federal Building, Room 1313, 500 
Poydras Street, New Orleans, Louisiana 70130-3310 between 7 a.m. and 3 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is (504) 671-2128.

FOR FURTHER INFORMATION CONTACT: Mr. David Frank, Bridge Administration 
Branch, telephone number 504-671-2128.

SUPPLEMENTARY INFORMATION: We did not publish a notice of proposed 
rulemaking (NPRM) for this regulation. Under 5 U.S.C. 553(b)(B), the 
Coast Guard finds that good cause exists for not publishing an NPRM. 
Public comment is not necessary since the event requiring the closure 
has modified its schedule and the bridge closure no longer conforms to 
the dates and times of the event.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective in less than 30 days after 
publication in the Federal Register. There is no need to delay the 
implementation of this rule because the portion of the regulation being 
removed was date specific to the last weekend in October of each year.

Background and Purpose

    On October 11, 2001, a Final Rule was published in the Federal 
Register [65 FR 60360] to change the operating schedule of the SR 23 
vertical lift bridge across the Gulf Intracoastal Waterway (Algiers 
Alternate Route), mile 3.8, in Belle Chasse, Louisiana. The change 
allowed the drawbridge to not open for the passage of vessels from 4 
p.m. to 7 p.m. on Saturday and Sunday of the last weekend in October. 
This regulation was in addition to the existing regulation that 
required the draw to open on signal; except that, from 6 a.m. to 8:30 
a.m. and from 3:30 p.m. to 5:30 p.m. Monday through Friday, except 
Federal holidays, the draw need not be opened from the passage of 
vessels. The change was to facilitate the movement of vehicular traffic 
from the New Orleans Open House Air Show held annually at the Naval Air 
Station, Joint Reserve Base at Belle Chasse, Louisiana.
    Subsequent to the modification of the rule, the Air Show was 
cancelled in 2005, moved to a different weekend in 2006, and the time 
of the closure request was modified in 2007. The rule change for 2006 
required a Temporary Rule to be published and the rule change for 2007 
required a Temporary Deviation to be published. Additionally, the Air 
Show will not be held in 2008 in Belle Chasse making the regulation 
unnecessary. Therefore, it has been determined that the regulation be 
modified to remove the requirements of Sec.  117.451(b)(2). Any future 
closure requirements, associated with any future Air Shows in Belle 
Chase, will be publicized as required by 33 CFR part 117, subpart A.

Discussion of Rule

    The Coast Guard is changing 33 CFR 117.451 without publishing an 
NPRM. This final rule changes the regulation governing the bridge to 
eliminate the section of the regulation that does not require the draw 
to open for the passage of vessels from 4 p.m. to 7 p.m. on Saturday 
and Sunday of the last weekend in October. This change improves the 
ability of vessels to transit on the waterway during this time period. 
As explained above, it is not necessary to publish an NPRM.

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.
    The Coast Guard does not consider this rule to be ``significant'' 
under that Order because it does not adversely affect the owners and 
operators of vessels operating on the waterway.

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 have no impact on any small entities because it will 
not adversely affect the owners and operators of vessels needing to 
transit the waterway.

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.
    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 final rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

[[Page 70516]]

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 may 
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. 
Therefore, this rule is categorically excluded, under figure 2-1, 
paragraph (32)(e) of the Instruction, from further environmental 
documentation. Under figure 2-1, paragraph (32)(e), of the Instruction, 
an ``Environmental Analysis Check List'' 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 out 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(g); Department of 
Homeland Security Delegation No. 0170.1.

0
2. Sec.  117.451(b) is revised to read as follows:


Sec.  117.451  Gulf Intracoastal Waterway.

* * * * *
    (b) The draw of the SR 23 bridge, Algiers Alternate Route, mile 3.8 
at Belle Chasse, shall open on signal; except that, from 6 a.m. to 8:30 
a.m. and from 3:30 p.m. to 5:30 p.m. Monday through Friday, except 
Federal holidays, the draw need not be opened for the passage of 
vessels.
* * * * *

    Dated: December 3, 2007.
J.R. Whitehead,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. E7-24050 Filed 12-11-07; 8:45 am]

BILLING CODE 4910-15-P
