[Federal Register Volume 73, Number 48 (Tuesday, March 11, 2008)]
[Rules and Regulations]
[Pages 12886-12888]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-4818]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2007-0079]
RIN 1625-AA09


Drawbridge Operation Regulation; Tchefuncta River, Madisonville, 
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 22 (S22) Bridge across the Tchefuncta 
River, mile 2.5, at Madisonville, St. Tammany Parish, Louisiana and 
cancelling the test deviation presently in effect for this bridge. This 
change is being made in order to enhance the flow of vehicles across 
the bridge during peak traffic hours.

DATES: This rule is effective April 10, 2008. The test deviation, 
docket number USCG-2007-0082, old docket number

[[Page 12887]]

CGD08-07-034, (72 FR 64152) 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-2007-0079, previously published under 
docket number CGD08-07-038. The docket is available at http://www.regulations.gov. This material is also available for inspection or 
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 15, 2007, we published a notice of proposed rulemaking 
(NPRM) entitled ``Drawbridge Operation Regulations; Tchefuncta River, 
Madisonville, LA'' in the Federal Register (72 FR 64175) 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, a Test Deviation, USCG-2007-0082, old docket number CGD08-
07-037, was published in the Federal Register (72 FR 64152) on November 
15, 2007 to allow the Louisiana Department of Transportation and 
Development to test the proposed schedule and to obtain data and public 
comments. The test period was in effect during the entire Notice of 
Proposed Rulemaking comment period. The Coast Guard has reviewed the 
public comments from this Notice of Proposed Rulemaking and the above 
referenced Temporary Deviation and determined that a permanent special 
drawbridge operating regulation is warranted.

Background and Purpose

    The Louisiana Department of Transportation and Development 
requested that the operating regulation of the S22 swing span bridge be 
changed in order to better accommodate the vehicular traffic crossing 
the bridge during peak, weekday rush hours. Currently 33 CFR 117.500 
reads: The draw of the S22 Bridge, mile 2.5, at Madisonville shall open 
on signal except that, from 5 a.m. to 8 p.m., the draw need open only 
on the hour and half-hour.
    The bridge owner requested that the operating regulation be changed 
to read as follows: The draw of the S22 Bridge, mile 2.5 at 
Madisonville, shall open on signal from 7 p.m. to 6 a.m. From 6 a.m. to 
7 p.m., the draw need only open on the hour and half hour, except that, 
from 6 a.m. to 9 a.m. and from 4 p.m. to 7 p.m. Monday through Friday 
except Federal holidays, the draw need only open on the hour. The 
Louisiana Department of Transportation and Development and the Coast 
Guard believe that this change to the operating regulation will 
accommodate most vehicular traffic, and that the needs of navigation 
will also be met. Most of the vessels that request openings are 
recreational powerboats and sailboats that routinely transit this 
waterway and are able to adjust their schedules to coincide with the 
proposed drawbridge operating schedule.

Discussion of Comments and Changes

    The Coast Guard received a total of twelve letters of comment in 
response to the NPRM and the test deviation. Three of the letters were 
from Federal or state environmental agencies, stating that there was no 
objection to the proposal. Nine letters were from local citizens, seven 
of which stated approval of the proposed change. One of the approval 
letters indicated a desire for the period for opening only on the hour 
beginning at 2:30 p.m. to accommodate more of the school traffic. The 
Coast Guard believes that extending the restriction to open only on the 
hour beginning at 2:30 p.m. will cause the boating traffic to be too 
severely restricted through the majority of the day. Thus, the 
suggested change to the proposed regulation is not considered by the 
Coast Guard to be in the best interest of boaters who have already been 
restricted from bridge openings in the mornings and afternoons. Two of 
the letters neither opposed nor supported the proposal, but generally 
expressed dissatisfaction with the usual daily movement of vehicular 
traffic through Madisonville and across the S22 Bridge. These letters 
were forwarded to LDOTD for their consideration.

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. This is 
because the current and historical waterway traffic is comprised almost 
entirely of recreational vessels that can easily adjust schedules for 
transits through the bridge.

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 pleasure powerboats and sailboats using 
the waterway. This proposed rule will not significantly impact these 
small entities because they are able to schedule transits through this 
bridge.

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.
    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

[[Page 12888]]

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 
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.  117.500 is revised to read as follows:


Sec.  117.500  Tchefuncta River.

    The draw of the S22 Bridge, mile 2.5, at Madisonville, shall open 
on signal, from 7 p.m. to 6 a.m. From 6 a.m. to 7 p.m., the draw need 
only open on the hour and half hour, except that, from 6 a.m. to 9 a.m. 
and from 4 p.m. to 7 p.m. Monday through Friday except Federal 
holidays, the draw need only open on the hour.

    Dated: February 27, 2008.
Joel R. Whitehead,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
 [FR Doc. E8-4818 Filed 3-10-08; 8:45 am]
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