
[Federal Register: March 31, 2010 (Volume 75, Number 61)]
[Rules and Regulations]               
[Page 16007-16009]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31mr10-10]                         

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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.

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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

