[Federal Register Volume 71, Number 245 (Thursday, December 21, 2006)]
[Rules and Regulations]
[Pages 76601-76603]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-21834]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD08-06-028; CGD08-06-034]
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 
(GIWW), and one bridge across Bayou Lafourche, north of the GIWW, in 
Lafourche Parish, Louisiana. The Lafourche Parish Council has requested 
that the six bridges below the GIWW remain closed to navigation at 
various times on weekdays during the school year and the one bridge 
north of the GIWW open on four hours advanced notification at night. 
These closures will facilitate the safe, efficient movement of staff, 
students and other residents within the parish.

DATES: This rule is effective January 22, 2007.

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 dockets [CGD08-06-034] and [CGD08-06-034] 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 504-671-2128.

SUPPLEMENTARY INFORMATION: 

Regulatory History

    On September 20, 2006, we published a notice of proposed rulemaking 
(NPRM) entitled, ``Drawbridge Operation Regulation; Bayou Lafourche, 
LA,'' in the Federal Register (71 FR 54944) under docket number [CGD08-
06-028] for the modification of the operation regulations for six 
bridges across Bayou Lafourche below the Gulf Intracoastal Canal. We 
received no letters commenting on the proposed rule. No public meeting 
was requested, and none was held.
    Additionally, on September 20, 2006, we published another notice of 
proposed rulemaking (NPRM) entitled, ``Drawbridge Operation Regulation; 
Bayou Lafourche, LA,'' in the Federal Register (71 FR 54946) under 
docket number [CGD08-06-034] to establish an advanced notification 
requirement for a bridge across Bayou Lafourche above the Gulf 
Intracoastal Canal. We received no 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, is modifying 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 allows these bridges to remain 
closed to navigation from 7 a.m. to 8:30 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 shall open on signal 
for the passage of vessels.
    Presently, the draws of these 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.
    The existing regulations for the bridges went into effect on 
January 27, 2006. The original request by the petitioner was that the 
bridges be closed to navigation from 7 a.m. to 8:30 a.m.; however, due 
to a clerical error, the rule was codified with the morning hours of

[[Page 76602]]

7 a.m. to 8 a.m. This rule will correct the discrepancy.
    Additionally, the U. S. Coast Guard, at the request of the 
Lafourche Parish Council, is modifying the existing operating schedule 
of the Valentine Pontoon Bridge across Bayou Lafourche, mile 44.7, in 
Lafourche Parish, Louisiana. The majority of the bridge's openings 
occur between the hours of 6 a.m. and 6 p.m. The bridge owner will 
continue to open the bridge on signal during these hours and will open 
the bridge on signal if at least four hours advance notification is 
given between the hours of 6 p.m. and 6 a.m. Presently, the draw of the 
bridge opens on signal for the passage of traffic.
    Several large shipyards are located on Bayou Lafourche upstream of 
the Valentine Bridge. No letters of objection to the advanced 
notification requirement were received regarding the proposed changes. 
Additionally, no letters of objections were received from any waterway 
users regarding the advanced notification requirements.

Discussion of Comments and Changes

    No letters were received with regards to either NPRM; therefore no 
changes to the proposed regulations were made.

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.
    This rule allows vessels ample opportunity to transit this waterway 
with proper notification before and after the peak vehicular traffic 
periods or with advanced notification. Based upon 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.
    No comments were received from any small entities with regards to 
any effects that the modification of the regulations will have on them.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), 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.
    No small entities requested Coast Guard assistance and none was 
given.
    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). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

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 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

[[Page 76603]]

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 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. In Sec.  117.465, paragraphs (b), (c), (d), (e), and (f) are 
redesignated paragraphs (c), (d), (e), (f) and (g). A new paragraph (b) 
is added and paragraph (a) introductory text is revised to read as 
follows:


Sec.  117.465  Lafourche Bayou.

    (a) 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 8:30 a.m.; from 2 p.m. to 4 p.m.; and from 4:30 p.m. to 5:30 
p.m.:
* * * * *
    (b) The draw of the Valentine bridge, mile 44.7 at Valentine, shall 
open on signal; except that, from 6 p.m. to 6 a.m., the draw shall open 
on signal if at least four hours advance notification is given. During 
the advance notification period, the draw shall open on less than four 
hours notice for an emergency and shall open on demand should a 
temporary surge in water traffic occur.
* * * * *

    Dated: December 8, 2006.
Joel R. Whitehead,
Rear Admiral, U. S. Coast Guard, Commander, Eighth Coast Guard 
District.
[FR Doc. E6-21834 Filed 12-20-06; 8:45 am]
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