[Federal Register Volume 73, Number 48 (Tuesday, March 11, 2008)]
[Rules and Regulations]
[Pages 12889-12891]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-4815]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2007-0070]
RIN 1625-AA09


Drawbridge Operation Regulation; Bonfouca Bayou, Slidell, LA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the regulation governing the 
operation of the State Route 433 (S433) Bridge across Bonfouca Bayou, 
mile 7.0, at Slidell, St. Tammany Parish, Louisiana and cancelling the 
test deviation presently in effect for this bridge. This change is 
being made in order to reduce the hours that the bridge must be manned 
during the period between 6 p.m. and 6 a.m., making more efficient use 
of operating resources.

DATES: This rule is effective April 10, 2008. The test deviation, USCG-
2007-0068, published on November 9, 2007, old docket number CGD08-07-
034, (72 FR 63486) is cancelled as of April 10, 2008.

ADDRESSES: Comments and related materials received from the public, as 
well as documents indicated in this preamble as being available in the 
docket, are part of docket USCG-2007-0070, previously published under 
docket number CGD08-07-033. The docket is available at http://www.regulations.gov. This material is also available for inspection of 
copying at two locations: The Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays and the Office of 
the Commander, Eighth Coast Guard District, Bridge Administration 
Branch, 500 Poydras Street, Room 1313, New Orleans, LA 70130-3310 
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. If you have questions on viewing or 
submitting material to the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    On November 9, 2007, we published a notice of proposed rulemaking 
(NPRM) entitled ``Drawbridge Operation Regulations; Bonfouca Bayou, 
Slidell, LA'' in the Federal Register (72 FR 63530) under docket number 
CGD08-07-033. No public meeting was requested, and none was held.
    Concurrent with the publication of the Notice of Proposed 
Rulemaking concerning this schedule of operation, a Test Deviation was 
published on November 9, 2007, entitled ``Drawbridge Operation 
Regulations; Bonfouca Bayou, Slidell, LA'' in the Federal Register, (72 
FR 63486) under docket number USCG 2007-0068, previously docket number 
CDG08-07-034. This test deviation was issued to allow the Louisiana 
Department of Transportation and Development to test the proposed 
schedule and to obtain data and public comments. This deviation is 
being cancelled upon this final rule going into effect because there 
have been no comments or complaints, and the new operating schedule 
will be permanent upon cancellation. This deviation from the operating 
regulations was authorized under 33 CFR 117.35.

Background and Purpose

    The Louisiana Department of Transportation and Development 
requested that the operating regulation on the S433 Bridge be changed 
in order to reduce the hours that the bridge must be manned during the 
period between 6 p.m. and 6 a.m., making more efficient use of 
operating resources. Currently 33 CFR 117.433 reads: The draw of the 
S433 Bridge, mile 7.0, at Slidell shall operate as follows:
    (a) The draw need not open for passage of vessels from 7 a.m. to 8 
a.m. and from 1:45 p.m. to 2:45 p.m., Monday through Friday except 
Federal holidays.
    (b) The draw need open only on the hour and half-hour from 6 a.m. 
to 7 a.m. and from 3 p.m. to 6 p.m., Monday through Friday except 
Federal holidays.
    (c) The draw shall open on signal from 9 p.m. to 5 a.m., if at 
least four hours notice is given to the Louisiana Department of 
Transportation and Development Security Service at (504) 375-0100.
    (d) At all other times the draw shall open on signal.
    In order to reduce the hours that the bridge must be manned during 
the

[[Page 12890]]

period between 6 p.m. and 6 a.m., making more efficient use of 
operating resources, the owner of the bridge has requested that the 
operating regulation be changed to read as follows: The draw of the 
S433 Bridge, mile 7.0 at Slidell, shall open on signal, except that 
from 6 p.m. to 6 a.m., the draw shall open on signal if at least two 
hours notice is given. On Monday through Friday, except Federal 
holidays, the draw need not open for the passage of vessels from 7 a.m. 
to 8 a.m. and from 1:45 p.m. to 2:45 p.m.
    The rule will also delete the incorrect area code and the telephone 
number provided in paragraph (c) of the regulation, which is not 
necessary since the telephone number is required to be posted on the 
bridge.
    The S433 Bridge located on Bonfouca Bayou at mile 7.0 in Slidell, 
St. Tammany Parish, Louisiana has a vertical clearance of 8.2 feet 
above mean high water, elevation 3.2 feet Mean Sea Level(MSL) in the 
closed position and unlimited clearance in the open position. Traffic 
counts indicate that the majority of vehicular traffic crosses the 
bridge between 7 a.m. and 8 a.m. and between 1:45 p.m. and 2:45 p.m., 
rush hours for commuters and school buses. The Louisiana Department of 
Transportation and Development believes that the proposed operating 
regulation will accommodate most vehicular traffic, and that the needs 
of navigation will also be met, while making the best use of available 
personnel to operate the bridge. Most of the vessels that request 
openings are commercial vessels consisting of small tugboats with one 
or two barges, shrimp trawlers and large recreational powerboats and 
sailboats that routinely transit this waterway and are able to give 
advance notice.

Discussion of Comments and Changes

    The Coast Guard received no comments in response to the NPRM or the 
test deviation.

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 proposed rule to be so 
minimal that a full Regulatory Evaluation is unnecessary. The current 
and historical waterway traffic is very minimal with an average of 2.5 
signals to open a day. Most signals come from commercial vessels and 
recreational craft that are able to schedule an opening in advance.

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 affect a limited number of small entities. These 
entities include operators of tug boats and trawlers using the 
waterway. This rule will not significantly impact these 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. Lastly, no comments or complaints were 
received concerning this new operating schedule.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 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. The 
Coast Guard provided contact information, so that small entities could 
ask questions concerning this rule. No small entities contacted the 
Coast Guard.
    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 expenditure, we do 
discuss the effects of this rule elsewhere in this 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 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 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

[[Page 12891]]

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 because this rule involves drawbridge regulations. 
Therefore, this rule is categorically excluded, under figure 2-1, 
paragraph (32)(e) of the Instruction, from further environmental 
documentation.

List of Subjects in 33 CFR Part 117

    Bridges.

Words of Issuance and Regulatory Text

0
For the reasons discussed 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; 33 CFR 1.05-1; Department of Homeland 
Security Delegation No. 0170.1.


0
2. Sec.  117.433 is revised to read as follows:


Sec.  117.433  Bonfouca Bayou.

    The draw of the S433 Bridge, mile 7.0, at Slidell, shall open on 
signal, except that from 6 p.m. to 6 a.m., the draw shall open on 
signal if at least two hours notice is given. On Monday through Friday, 
except Federal holidays, the draw need not open for the passage of 
vessels from 7 a.m. to 8 a.m. and from 1:45 p.m. to 2:45 p.m.

    Dated: February 27, 2008.
Joel R. Whitehead,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. E8-4815 Filed 3-10-08; 8:45 am]
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