
[Federal Register: December 15, 2009 (Volume 74, Number 239)]
[Rules and Regulations]               
[Page 66236-66238]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15de09-9]                         

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2009-0670]
RIN 1625-AA09

 
Drawbridge Operation Regulation; Franklin Canal, Franklin, 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 Chatsworth Road Swing Span Bridge across the Franklin 
Canal, mile 4.8, at Franklin, St. Mary Parish, Louisiana. The St. Mary 
Parish Government requested that the operating regulation of the 
Chatsworth Road swing span bridge be changed in order for the bridge 
not to have to be continuously manned by a draw tender. This change 
allows the bridge to remain unmanned during most of the day by 
requiring a one-hour notice for an opening of the draw between 5 a.m. 
and 9 p.m., during which time the bridge normally opens on signal.

DATES: This rule is effective January 14, 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-2009-0670 and are available online by 
going to http://www.regulations.gov, inserting USCG-2009-0670 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or e-mail Phil Johnson, Bridge Administration Branch, Eighth Coast 
Guard District; telephone 504-671-2128, e-mail 
Philip.R.Johnson@uscg.mil. If you have questions on viewing the docket, 
call Renee V. Wright, Program Manager, Docket Operations, telephone 
202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On August 19, 2009, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulation; Franklin Canal, 
Franklin, LA in the Federal Register (74 FR 41816). We received no 
comments on the proposed rule. No public meeting was requested, and 
none was held.

Background and Purpose

    The St. Mary Parish Government requested that the operating 
regulation of the Chatsworth Road Swing Span Bridge, located on the 
Franklin Canal at mile 4.8 in Franklin, St. Mary Parish, Louisiana, be 
changed in order for the bridge not to have to be continuously manned 
by a draw tender from 5 a.m. to 9 p.m. when the bridge is now required 
to open on signal. Because of the relocation of a public boat landing 
downstream of the bridge, vessel traffic has become infrequent, and it 
is no longer necessary to have a bridge tender continuously man the 
bridge.
    Concurrent with the publication of the Notice of Proposed 
Rulemaking, a Test Deviation [USCG-2009-0670] was issued to allow the 
St. Mary Parish Government to test the proposed schedule and to obtain 
data and public comments. The Test Deviation has allowed the bridge to 
operate as follows: The Chatsworth Road Bridge, mile 4.8 at Franklin, 
shall open on signal from 5 a.m. to 9 p.m. if at least one hour notice 
is given. From October 1 through January 31 from 9 p.m. to 5 a.m., the 
draw shall be opened on signal if at least three hours notice is given. 
From February 1 through September 30 from 9 p.m. to 5 a.m., the draw 
shall open on signal if at least 12 hours notice is given. The test 
period has been in effect during the entire Notice of Proposed 
Rulemaking comment period. No comments were received from the public 
from this Notice of Proposed Rulemaking or the above referenced 
Temporary Deviation. The Coast Guard has reviewed bridge tender logs 
from before and after the temporary test deviation became effective. 
The logs do not indicate an appreciable difference in the number of 
openings between 5 a.m. and 9 p.m., since the test deviation was 
issued. Based on the fact that no objections were received to the

[[Page 66237]]

proposed change, the Coast Guard has determined that the proposed 
permanent change to the special drawbridge operating regulation is 
warranted.

Discussion of Comments and Changes

    The Coast Guard did not receive any comments in response to the 
NPRM.

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 public will need to 
notify the bridge owner one hour in advance for an opening of the draw 
between 5 a.m. and 9 p.m. There is no change in the regulatory text 
published in the NPRM.

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 needing to 
transit the bridge with less than 1-hour notice between the hours of 5 
a.m. and 9 p.m. Because of the relocation of a public boat landing 
downstream of the bridge, vessel traffic has become so infrequent that 
this rule will not affect a substantial number of small entities.

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 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 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 effect 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 
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.

[[Page 66238]]

    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. Sec.  117.445 is revised to read as follows:


Sec.  117.445  Franklin Canal.

    The draw of the Chatsworth Bridge, mile 4.8 at Franklin, shall open 
on signal from 5 a.m. to 9 p.m. if at least one hour notice is given. 
From October 1 through January 31 from 9 p.m. to 5 a.m., the draw shall 
be opened on signal if at least three hours notice is given. From 
February 1 through September 30 from 9 p.m. to 5 a.m., the draw shall 
open on signal if at least 12 hours notice is given.

    Dated: November 28, 2009.
Mary E. Landry,
Rear Admiral, U.S. Coast Guard Commander, Eighth Coast Guard District.
[FR Doc. E9-29748 Filed 12-14-09; 8:45 am]

BILLING CODE 9110-04-P
