[Federal Register Volume 70, Number 248 (Wednesday, December 28, 2005)]
[Rules and Regulations]
[Pages 76689-76691]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-24539]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD08-05-049]
RIN 1625-AA09


Drawbridge Operation Regulation; Bayou Lafourche, LA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the regulations governing six 
bridges across Bayou Lafourche, south of the Gulf Intracoastal 
Waterway, in Lafourche Parish, Louisiana. The Lafourche Parish Council 
has requested that the bridges remain closed to navigation at various 
times on weekdays during the school year. These closures will 
facilitate the safe, efficient movement of staff, students and other 
residents within the parish.

DATES: This rule is effective January 27, 2006.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket [CGD08-05-049], which has incorporated docket [USCG-
2005-22363] into the original docket, and 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 Bridge Administration Branch maintains the public 
docket for this rulemaking.

FOR FURTHER INFORMATION CONTACT: David Frank, Bridge Administration 
Branch, telephone 504-589-2965.

SUPPLEMENTARY INFORMATION:

Regulatory History

    On September 2, 2005, we published a notice of proposed rulemaking 
(NPRM) entitled, ``Drawbridge Operation Regulation; Lafourche Bayou, 
Lafourche Parish, LA,'' in the Federal Register (70 FR 52340). Due to 
the passage of Hurricane Katrina, the Coast Guard issued a second 
notice of proposed rulemaking indicating that comments should be sent 
to a new location due to the temporary closure of the Bridge 
Administration Office in New Orleans. On September 8, 2005, we 
published the second notice of proposed rulemaking (NPRM) entitled, 
``Drawbridge Operation Regulation; Lafourche Bayou, Lafourche Parish, 
LA,'' in the Federal Register (70 FR 53328). We received four letters 
commenting on the proposed rule. No public meeting was requested, and 
none was held.

Background and Purpose

    The U.S. Coast Guard, at the request of the Lafourche Parish 
Council, proposes to modify the existing operating schedules of six 
bridges across Bayou Lafourche south of the Gulf Intracoastal Waterway 
in Lafourche Parish, Louisiana. The six bridges include: Golden Meadow 
Vertical Lift Bridge, mile 23.9; the Galliano Pontoon Bridge, mile 
27.8; the South Lafourche (Tarpon) Vertical Lift Bridge, mile 30.6; the 
Cote Blanche Pontoon Bridge, mile 33.9; the Cutoff Vertical Lift 
Bridge, mile 36.3; and the Larose Pontoon Bridge, mile 39.1. The 
modification of the existing regulations will allow these bridges to 
remain closed to navigation from 7 a.m. to 8 a.m.; from 2 p.m. to 4 
p.m.; and from 4:30 p.m. to 5:30 p.m., Monday through Friday from 
August 15 through May 31. At all other times, the bridges would open on 
signal for the passage of vessels.
    Presently, only two of these bridges have special operation 
regulations in place. The Galliano/South Lafourche (Tarpon) Vertical 
Lift Bridge, mile 30.6, and the Cote Blanche Pontoon Bridge, mile 33.9, 
open on signal; except that, from 2:30 p.m. to 3:30 p.m. and from 4:30 
p.m. to 5:30 p.m. Monday through Friday except Federal holidays, the 
draws need not open for the passage of vessels. The other four bridges 
open on signal for the passage of vessels.
    Traffic counts and vessel openings vary among the six bridges. The 
Louisiana Department of Transportation and Development provided 
information on vessel openings and traffic counts for the Larose 
Pontoon Bridge, mile 39.1; the Galliano/South Lafourche (Tarpon)

[[Page 76690]]

Vertical Lift Bridge, mile 30.6; and the Golden Meadow Vertical Lift 
Bridge, mile 23.9. The Lafourche Parish Council provided information on 
vessel openings and traffic counts for the Cutoff Vertical Lift Bridge, 
mile 36.3; the Cote Blanche Pontoon Bridge, mile 33.9; and the Galliano 
Pontoon Bridge, mile 27.8.
    The Larose Pontoon Bridge, mile 39.1, is the first bridge south of 
the Gulf Intracoastal Waterway intersection. This bridge is located 
just south of a flood control structure that has a horizontal clearance 
of 56 feet and a depth over the sill of 10 feet. The bridge opens an 
average of 410 times a month for vessels. Based upon the request, 
approximately 18% of the vessels would be affected by the proposed 
closures. Traffic counts indicate that 9000 vehicles cross the bridge 
daily and approximately 23% of those vehicles cross during the 
requested closure times. Vessel openings of the bridge delay vehicular 
traffic nine minutes per opening, delaying 20 vehicles per opening. The 
Larose Pontoon Bridge is presently scheduled for replacement. The new 
bridge will be a vertical lift bridge and it will be located 0.4 miles 
downstream from its present location. Once the new bridge is 
constructed, the old bridge will be removed. The special operating 
regulation for the old bridge, if approved, may not be transferred to 
the new bridge and a new request for a special operation regulation 
must be made for the new bridge.
    The Cutoff Vertical Lift Bridge, mile 36.3 is the next bridge 
downstream from the Larose Pontoon Bridge. The bridge opens an average 
of 419 times a month for vessels. Based upon the request, approximately 
23% of the vessels would be affected by the proposed closures. Traffic 
counts indicate that 7180 vehicles cross the bridge daily and 
approximately 33% of those vehicles cross during the requested closure 
times. Vessel openings of the bridge delay vehicular traffic five 
minutes per opening, delaying 80 vehicles per opening.
    The Cote Blanche Pontoon Bridge, mile 33.9 is the next bridge 
downstream from the Cutoff Vertical Lift Bridge. The bridge opens an 
average of 441 times a month for vessels. Based upon the request, 
approximately 23% of the vessels would be affected by the proposed 
closures. Traffic counts indicate that 7180 vehicles cross the bridge 
daily and approximately 33% of those vehicles cross during the 
requested closure times. Vessel openings of the bridge delay vehicular 
traffic five minutes per opening, delaying 54 vehicles per opening.
    The Galliano/South Lafourche (Tarpon) Vertical Lift Bridge, mile 
30.6 is the next bridge downstream from the Cote Blanche Pontoon 
Bridge. The bridge opens an average of 430 times a month for vessels. 
Based upon the request, approximately 20% of the vessels would be 
affected by the proposed closures. Traffic counts indicate that 8000 
vehicles cross the bridge daily and approximately 28% of those vehicles 
cross during the requested closure times. Vessel openings of the bridge 
delay vehicular traffic six minutes per opening, delaying 43 vehicles 
per opening.
    The Galliano Pontoon Bridge, mile 27.8 is the next bridge 
downstream from the Galliano/South Lafourche (Tarpon) Vertical Lift 
Bridge. The bridge opens an average of 580 times a month for vessels. 
Based upon the request, approximately 23% of the vessels would be 
affected by the proposed closures. Traffic counts indicate that 5040 
vehicles cross the bridge daily and approximately 34% of those vehicles 
cross during the requested closure times. Vessel openings of the bridge 
delay vehicular traffic five minutes per opening, delaying 60 vehicles 
per opening.
    The Golden Meadow Vertical Lift Bridge, mile 23.9 is the next 
bridge downstream from the Galliano Pontoon Bridge. The bridge opens an 
average of 610 times a month for vessels. Based upon the request, 
approximately 30% of the vessels would be affected by the proposed 
closures. Traffic counts indicate that 2400 vehicles cross the bridge 
daily and approximately 30% of those vehicles cross during the 
requested closure times. Vessel openings of the bridge delay vehicular 
traffic six minutes per opening, delaying 16 vehicles per opening.
    Navigation at the site of the bridge consists primarily of 
commercial and recreational fishing vessels, crew boats, and some 
tugboats with barges. Alternate routes are not readily accessible.
    The existing regulations on the Galliano/South Lafourche (Tarpon) 
Vertical Lift Bridge, mile 30.6 and the Cote Blanche Pontoon Bridge, 
mile 33.9, were established on September 20, 1995. Since the 
establishment of these special operation regulations, the Coast Guard 
has not received any formal complaints regarding the operation of the 
bridges. It has been approximately ten years since the last formal 
request to change the operating regulations of the Cote Blanche bridge 
and the Galliano/South Lafourche bridge.

Discussion of Comments and Changes

    Four letters were received with regard to the NPRM. The Gulf 
Intracoastal Canal Association objected to the proposed changes. 
Blessey Marine objected to the proposed changes. American Commercial 
Barge Lines objected to the proposed changes. The Greater Lafourche 
Port Commission (GLPC) provided comments regarding their authority to 
regulate commerce and traffic in the Tenth Ward of Lafourche Parish and 
sought the right to discuss this serious matter at its committee and 
board meetings and possibly comment on the proposed revisions. The GLPC 
held its meeting and did not submit any additional comments.
    The Coast Guard contacted the three entities that objected to the 
proposed changes and provided additional information with regard to the 
location of the bridges so that their objections and concerns have been 
relieved. Based upon these comments and subsequent discussions with the 
objectors, no changes were made to the proposed regulation.

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).
    This rule allows vessels ample opportunity to transit this waterway 
with proper notification before and after the peak vehicular traffic 
periods. According to the vehicle traffic surveys, the public at large 
is better served by the additional closure times.

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 
would not have a significant economic impact on a substantial number of 
small entities.

[[Page 76691]]

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. If the rule 
would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact the Eighth Coast Guard District 
Bridge Administration Branch at the address above. The Coast Guard will 
not retaliate against any individual or entity that questions or 
complains about this rule or any policy or action of the Coast Guard.

Collection of Information

    This rule would call 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 would 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 would 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 M16475.1D, 
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. Since this 
rule will alter the normal operating conditions of the drawbridge, it 
falls within this exclusion.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

0
For the reasons discussed in the preamble, the Coast Guard proposes to 
amend 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. Sec.  117.465(a) is revised to read as follows:


Sec.  117.465  Lafourche Bayou.

     The draws of the following bridges shall open on signal; except 
that, from August 15 through May 31, the draw need not open for the 
passage of vessels Monday through Friday except Federal holidays from 7 
a.m. to 8 a.m.; from 2 p.m. to 4 p.m.; and from 4:30 p.m. to 5:30 p.m.:
    (1) SR 308 (Golden Meadow) Bridge, mile 23.9, at Golden Meadow
    (2) Galliano Pontoon Bridge, mile 27.8, at Galliano
    (3) SR 308 (South Lafourche (Tarpon)) Bridge, mile 30.6, at 
Galliano
    (4) Cote Blanche Pontoon Bridge, mile 33.9, at Cutoff
    (5) Cutoff Vertical Lift Bridge, mile 36.3, at Cutoff
    (6) SR 310 (Larose Pontoon) Bridge, mile 39.1, at Larose
* * * * *

    Dated: December 20, 2005.
R.F. Duncan,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 05-24539 Filed 12-27-05; 8:45 am]
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