[Federal Register Volume 71, Number 203 (Friday, October 20, 2006)]
[Rules and Regulations]
[Pages 61897-61899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-17646]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD08-06-036]
RIN 1625-AA09


Drawbridge Operation Regulation; Gulf Intracoastal Waterway, 
Belle Chasse, LA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Commander, Eighth Coast Guard District, has temporarily 
changed the regulation governing the operation of the State Route 23 
vertical lift span drawbridge across the Gulf Intracoastal Waterway 
(Algiers Alternate Route), mile 3.8, at Belle Chasse, Louisiana. This 
temporary final rule is issued to facilitate movement of vehicular 
traffic for the New Orleans Open House 2006 Air Show, to be held at the 
U.S. Naval Air Station, Joint Reserve Base at Belle Chasse, Louisiana.

DATES: This temporary final rule is effective from 3:30 p.m. on 
Saturday, October 21, 2006 until 7 p.m. on Sunday, October 22, 2006.

ADDRESSES: Documents indicated in this preamble as being available 
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: David Frank, Bridge Administration 
Branch, (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. The event is an annual event 
normally held on the last weekend in October. The regulation covering 
this annual event was subject to notice and comment, therefore further 
comments due to a one-time date change is unnecessary. A regulation 
already exists allowing the bridge to remain closed to navigation on 
that weekend; however, this year's event will be held on a different 
weekend. The closure will only impact the waterway users for 3.5 hours 
for two days. The bridge will open for vessels in distress during the 
closure period if necessary.

Good Cause for Making Rule Effective in Less Than 30 Days

    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. The closure of the bridge to 
marine traffic for this event has previously been the subject of public 
notice and comment; however, this year's event will be held one week 
earlier and requires a Temporary Rule to be issued to allow the bridge 
to remain closed to navigation. As the event will be held within a time 
frame of less than 30 days from the date of publication, it would be 
impracticable to wait 30 days to make the temporary rule effective.

Background and Purpose

    The State Route 23 vertical lift span drawbridge across the Gulf 
Intracoastal Waterway (Algiers Alternate Route), mile 3.8, at Belle 
Chasse, Louisiana has a vertical clearance of 40 feet above mean high 
water in the closed-to-navigation position and 100 feet above mean high 
water in the open-to-navigation position. Navigation on the waterway 
consists primarily of tugs with tows, commercial fishing vessels, and 
occasional recreational craft.
    The Department of the Navy requested a temporary rule changing the 
operation of the State Route 23 vertical lift span drawbridge. The 
change accommodates the additional volume of vehicular traffic that the 
New Orleans Open House Air Show generates each year. A large amount of 
the general public are expected to attend the New Orleans Open House 
Air Show on each day. The change allows for the expeditious dispersal 
of the heavy volume of vehicular traffic expected to depart the Naval 
Air Station, Joint Reserve Base following the event. This event has 
been held annually on the last weekend in October. This year, however, 
the event is being held on a different weekend.

Discussion of Rule

    The Coast Guard is temporarily changing the regulation in 33 CFR 
part 117 without publishing a NPRM. The temporary change allows the 
bridge to remain closed for 3.5 hours per day for two days to 
facilitate a community activity and will minimally affect waterway 
users wishing to transit through the bridge on this date. This event is 
an annual event and waterway users have never expressed any concerns 
regarding the delays to facilitate this event.

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.
    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.
    This temporary rule will be only be for only 3.5 hours duration on 
two consecutive days and is therefore

[[Page 61898]]

expected to have only a minor affect on the local economy.

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 temporary 
rule will not have a significant economic impact on a substantial 
number of small entities.
    This rule may affect the following entities, some of which may be 
small entities: the owners or operators of vessels intending to transit 
through the SR 23 bridge during the closure period. There is not 
expected to be a significant impact due to the short duration of the 
closure and the publicity given to the event. Before the effective 
period, we will issue maritime advisories widely available to users of 
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 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 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 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, 
and Department of Homeland Security Management Directive 5100.1, 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 set 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; Department of Homeland Security 
Delegation No. 0170.1; 33 CFR 1.05-1(g); section 117.255 also issued

[[Page 61899]]

under the authority of Pub. L. 102-587, 106 Stat. 5039.

0
2. From 3:30 p.m. on October 21, 2006 until 7 p.m. on October 22, 2006, 
temporarily suspend Sec.  117.451(b) and temporarily add new paragraph 
(f) to read as follows:


Sec.  117.451  Gulf Intracoastal Waterway.

* * * * *
    (f) The draw of the SR 23 bridge, Algiers Alternate Route, mile 3.8 
at Belle Chasse will open on signal; except that on Saturday, October 
21, 2006 and Sunday, October 22, 2006, the draw need not open for the 
passage of vessel from 3:30 p.m. until 7 p.m. The draw shall open at 
any time for a vessel in distress.

    Dated: October 3, 2006.
Ronald W. Branch,
Captain, U.S. Coast Guard, Commander, 8th Coast Guard Dist., Acting.
 [FR Doc. E6-17646 Filed 10-19-06; 8:45 am]
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