[Federal Register Volume 72, Number 220 (Thursday, November 15, 2007)]
[Proposed Rules]
[Pages 64177-64179]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-22365]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD08-06-010]
RIN 1625-AA09


Drawbridge Operation Regulations; Liberty Bayou, Slidell, LA

AGENCY: Coast Guard, DHS.

ACTION: Supplemental notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is proposing to change the operating schedule 
for the State Route 433 (S433) pontoon span bridge across Liberty 
Bayou, mile 2.0, at Slidell, St. Tammany Parish, Louisiana. The 
proposed rule would allow the Louisiana Department of Transportation 
and Development, owner of the bridge, to reduce the hours of manned 
operation of the bridge in order to make more efficient use of 
personnel and operating resources.

DATES: Comments and related material must reach the Coast Guard on or 
before January 14, 2008.

ADDRESSES: You may mail comments and related material to Commander 
(dpb), Eighth Coast Guard District, 500 Poydras Street, New Orleans, 
Louisiana 70130-3310. The Commander, Eighth Coast Guard District, 
Bridge Administration Branch maintains the public docket for this 
rulemaking. Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
will become part of this docket and will be available for inspection or 
copying at the Bridge Administration office between 7 a.m. and 3 p.m., 
Monday through Friday except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Phil Johnson, Bridge Administration 
Branch, telephone (504) 671-2128.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking [CGD08-06-
010], indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know 
they reached us, please enclose a stamped, self-addressed postcard or 
envelope. We will consider all comments and material received during 
the comment period. We may change this proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting. You may submit a 
request for a meeting by writing to Commander, Eighth Coast Guard 
District, Bridge Administration Branch at the address under ADDRESSES 
explaining why one would be beneficial. If we determine that one would 
aid this rulemaking, we will hold one at a time and place announced by 
a later notice in the Federal Register.

Background and Purpose

    The Coast Guard previously published a Notice of Proposed 
Rulemaking in the Federal Register [CGD08-06-010] on May 4, 2006 (86 FR 
26290). The proposed rule would have changed the notice required for an 
opening from 12 hours to 4 hours. The Coast Guard did not receive any 
comments as a result of the Notice of Proposed Rulemaking, but a final 
rule was not published. Subsequently, the bridge owner requested that 
the operating regulation for the bridge again be revised so that the 
bridge will open on signal, except that from 7 p.m. to 7 a.m., the 
bridge will open on signal if at least 2 hours notice is given.
    The Louisiana Department of Transportation and Development has 
requested that the operating regulation of the S433 pontoon span bridge 
be changed in order to make more efficient use of operating resources. 
Currently, the draw of the S433 Bridge opens on signal except that from 
9 p.m. to 5 a.m. the draw will open on signal if at least 12 hours 
notice is given, as required by 33 CFR 117.469.
    Traffic counts indicate that an average of 6000 vehicles cross the 
bridge daily and approximately 1025, or 17.1% of those, cross between 
the hours of 7 p.m. and 7 a.m. Bridge tender logs for a three-month 
period show that the bridge opened 540 times, or an average of 6 times 
per day, to pass vessels. Of those vessel openings during the three-
month period, 56, or 10.2% of them, were between the hours of 7 p.m. 
and 7 a.m. Most of the boats requesting openings are recreational 
fishing vessels, recreational powerboats and sailboats that routinely 
transit this waterway and are able to give advance notice.
    Concurrent with the publication of the Notice of Proposed 
Rulemaking, a Test Deviation [CGD08-07-032] has been issued to allow 
the Louisiana Department of Transportation and Development to test the 
proposed schedule and to obtain data and public comments. The test 
period will be in effect during the entire Notice of Proposed 
Rulemaking comment period. The Coast Guard will review the logs of the 
drawbridge and evaluate public comments from this Supplemental Notice 
of Proposed Rulemaking and the above referenced Test Deviation to 
determine if a permanent special drawbridge operating regulation is 
warranted.
    The Test Deviation allows the draw of the S433 Bridge to open on 
signal, except that between 7 p.m. and 7 a.m. daily, the bridge will 
open on signal if at least 2 hours notice is given.
    On November 24, 2006 a Coast Guard Bridge Permit was issued 
approving the construction of a new swing span bridge to be constructed 
to replace the existing pontoon span bridge. Upon completion of 
construction, the new bridge will provide a vertical clearance of 7.59 
feet above the 2% flow line. While this vertical clearance will 
accommodate many small recreational boats, larger vessels will still 
require an opening of the draw for passage. The schedule proposed in 
this SNPRM would be carried over to this new bridge.

Discussion of Proposed Rule

    The proposed rule change to 33 CFR 117.469 would require that, 
between the hours of 7 p.m. and 7 a.m., a 2-hour notice be given for 
the Louisiana Department of Transportation and Development to open the 
draw of the S433 Bridge. This change would reduce the amount of time 
that a bridge tender would need to man the bridge, making more 
efficient use of operating resources.

[[Page 64178]]

Regulatory Evaluation

    This proposed 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 proposed rule to be so 
minimal that a full Regulatory Evaluation is unnecessary.
    This conclusion is based on the fact that all vessel traffic will 
still be able to transit through the bridge between 7 p.m. and 7 a.m. 
after providing the two-hour advance notice for bridge openings.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed 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 proposed 
rule would not have a significant economic impact on a substantial 
number of small entities. This proposed rule would affect a limited 
number of small entities. These entities include operators of 
recreational fishing vessels, powerboats and sailboats using the 
waterway. This proposed rule will have no impact on any small entities 
because they are able to give notice prior to transiting through this 
bridge and most vessel operators that require an opening are currently 
providing advance notice.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

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 proposed 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 small entities that question or complain about 
this rule or any policy or action of the Coast Guard.

Collection of Information

    This proposed 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 proposed 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 proposed 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 proposed 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 proposed 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 proposed 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 proposed 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 proposed 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 proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Commandant Instruction 
M16475.lD and Department of Homeland Security Management Directive 
5100.1, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have made a preliminary determination

[[Page 64179]]

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, we believe that this rule should be categorically excluded, 
under figure 2-1, (32)(e), of the Instruction, from further 
environmental documentation. Under figure 2-1, paragraph (32)(e), an 
``Environmental Analysis Check List'' or ``Categorical Exclusion 
Determination'' is not required for this rule. Comments on this section 
will be considered before we make the final decision on whether to 
categorically exclude this rule from further environmental review.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

    1. The authority citation for part 117 continues to read as 
follows:

    Authority: 33 U.S.C. 499; 33 CFR 1.05-1(g); Department of 
Homeland Security Delegation No. 0170.1.

    2. Sec.  117.469 is revised to read as follows:


Sec.  117.469  Liberty Bayou.

    The draw of the S433 Bridge, mile 2.0 at Slidell, shall open on 
signal, except that between 7 p.m. and 7 a.m., the draw shall open on 
signal if at least 2 hours notice is given.

    Dated: November 6, 2007.
J.H. Korn,
Captain, U.S. Coast Guard, Acting Commander, 8th Coast Guard Dist.
[FR Doc. E7-22365 Filed 11-14-07; 8:45 am]
BILLING CODE 4910-15-P