[Federal Register Volume 69, Number 179 (Thursday, September 16, 2004)]
[Rules and Regulations]
[Pages 55747-55749]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20863]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD08-04-024]
RIN 1625-AA09


Drawbridge Operation Regulation; Bayou Lafourche, Clotilda, LA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is issuing regulations for the operation of 
the draw of the new vertical lift span bridge on State Route LA 654 
across Bayou Lafourche, mile 53.2 at Clotilda, Lafourche Parish, 
Louisiana. This final rule establishes a four-hour notice requirement 
for opening the draw of the bridge.

DATES: This rule is effective September 16, 2004.

ADDRESSES: Documents referred to in this rule are available for 
inspection or copying at the office of the Eighth Coast Guard District, 
Bridge Administration Branch, 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) 589-2965. The 
Eighth District Bridge Administration Branch maintains the public 
docket for this rulemaking.

FOR FURTHER INFORMATION CONTACT: Phil Johnson, Bridge Administration 
Branch, at (504) 589-2965.

SUPPLEMENTARY INFORMATION: 

Good Cause for Not Publishing an NPRM

    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. This final rule establishes 
the same operating requirements for the new State Route LA 654 vertical 
lift span bridge that were in effect for the old bridge that is being 
removed. The new bridge would normally be required to open on signal as 
per 33 CFR 117.5. Since by design the old pontoon span bridge had to be 
opened for all waterway users and the new vertical lift bridge has to 
be opened for all vessels except very small pleasure craft to pass, the 
establishment of this regulation does not place more constraint on the 
waterway users than the old regulation governing the old pontoon span 
bridge. Furthermore, two drawbridges, which cross Bayou Lafourche 
directly upstream of the State

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Route LA 654 Bridge, at miles 58.2 and 58.7 respectively, each have a 
six-hour notice requirement for an opening of the draw. Thus, waterway 
users must give a longer notice to transit through this area of the 
waterway than this regulation requires.

Good Cause for Making Rule Effective in Less Than 30 Days

    Under 5 U.S.C. 553(d)(3), the Coast Guard finds good cause exists 
for making this rule effective in less than 30 days after publication 
in the Federal Register because this rule merely establishes the same 
requirements as the old regulation for the old pontoon span bridge. 
Accordingly, the primary waterway users will not be required to change 
their current practices of transiting this waterway. Thus, no negative 
impact on vessel traffic in the area is anticipated.

Background and Purpose

    The new vertical lift span bridge has been opened to traffic and 
placed in service, and will be required to open on signal as per 33 CFR 
117.5. The old pontoon span bridge has been taken out of service and is 
presently being demolished. The new bridge has been constructed on 
essentially the same alignment, but one mile downstream of the old 
bridge. The old bridge provided no clearance in the closed-to-
navigation position. The replacement vertical lift span bridge provides 
a vertical clearance of 4.3 feet above mean high water in the closed-
to-navigation position, which will only allow very small pleasure craft 
to pass through. Thus, this regulation will be identical to the old 
regulation for the old pontoon span bridge and the new regulation will 
state that the draw of the bridge will open on signal if at least four 
hours notice is given. The new regulation further states that during 
the advance notice period, the draw shall open on less than four hours 
notice for an emergency and shall open on demand should a temporary 
surge in waterway traffic occur.
    Due to the infrequency of requests for openings of the draw for 
navigation, the Louisiana Department of Transportation and Development 
has requested that the same four-hour notice for an opening to 
navigation be required for the new bridge. Furthermore, two 
drawbridges, which cross Bayou Lafourche directly upstream of the SR 
654 Bridge, at miles 58.2 and 58.7 each have a six-hour notice 
requirement for an opening of the draw.
    Navigation at the site of the bridge consists primarily of 
commercial fishing vessels and some recreational pleasure craft. 
Alternate routes are not available to marine traffic.
    This final rule will be identical to the old regulation governing 
the operation of the old bridge because the same constraints exist for 
primary waterway users as were formerly in effect with the old bridge.

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. It is not ``significant'' under the 
regulatory policies and procedures of the Department of Homeland 
Security (DHS).
    During the many years that the old bridge had operated under an 
identical regulation to this new regulation, the Coast Guard had not 
received any complaints regarding the drawbridge operating schedule. 
The new bridge has been constructed on essentially the same alignment 
as the old bridge, and the number of requests for openings are 
anticipated to be about the same, an average of 6 per month, for the 
new bridge. However, since the new bridge provides more than four feet 
of vertical clearance at high water, some very small pleasure craft may 
actually be able to transit the new bridge without requiring an 
opening, effectively reducing the number of openings of the draw. We 
expect the economic impact of this rule to be so minimal that a full 
Regulatory Evaluation under the regulatory policies and procedures of 
DHS is unnecessary.

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 
the regulation will apply to a new bridge, which replaced a bridge on 
which the same regulation already exists.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule so that they can 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).

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 the 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

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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 does not cause 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 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. Paragraph (32)(e) excludes the 
promulgation of operating regulations or procedures for drawbridges 
from the environmental documentation requirements of NEPA.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

0
For the reasons set out in the preamble, the Coast Guard is amending 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; Department of Homeland Security 
Delegation No. 0170.1; 33 CFR 1.05-1(g); section 117.255 also issued 
under the authority of Pub. L. 102-587, 106 Stat. 5039.


0
2. In Sec.  117.465, paragraph (c) is revised to read as follows:


Sec.  117.465  Bayou Lafourche.

* * * * *
    (c) The draw of the State Route LA 654 bridge, mile 53.2 at 
Clotilda, shall open on signal if at least four hours notice is given. 
During the advance notice period, the draw shall open on less than four 
hours notice for an emergency and shall open on demand should a 
temporary surge in waterway traffic occur.
* * * * *

    Dated: September 3, 2004.
R.F. Duncan,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 04-20863 Filed 9-15-04; 8:45 am]
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