[Federal Register Volume 73, Number 49 (Wednesday, March 12, 2008)]
[Proposed Rules]
[Pages 13160-13163]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-4940]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[USCG-2008-0049]
RIN 1625-AA09


Drawbridge Operation Regulations; Gulf Intracoastal Waterway 
(GIWW), mile 49.8, near Houma, Lafourche Parish, LA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to change the regulation governing 
the

[[Page 13161]]

operation of the SR 316 Blue Bayou Pontoon Bridge across the Gulf 
Intracoastal Waterway, mile 49.8, near Houma, Lafourche Parish, 
Louisiana. Currently the bridge opens on signal, but due to high 
vehicular traffic and school bus traffic Lafourche Parish requested 
this change. The proposed rule will require the draw of the bridge to 
open on signal except during the regular school year on 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.

DATES: Comments and related material must reach the Coast Guard on or 
before May 12, 2008.

ADDRESSES: You may submit comments identified by Coast Guard docket 
number USCG-2008-0049 to the Docket Management Facility at the U.S. 
Department of Transportation. To avoid duplication, please use only one 
of the following methods:
    (1) Online: http://www.regulations.gov.
    (2) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590-0001.
    (3) Hand delivery: Room W12-140 on the Ground Floor of the West 
Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The 
telephone number is 202-366-9329.
    (4) Fax: 202-493-2251.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call Bart Marcules, 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:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted, 
without change, to http://www.regulations.gov and will include any 
personal information you have provided. We have an agreement with the 
Department of Transportation (DOT) to use the Docket Management 
Facility. Please see DOT's ``Privacy Act'' paragraph below.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking USCG-2008-0049, indicate the specific section of this 
document to which each comment applies, and give the reason for each 
comment. We recommend that you include your name and a mailing address, 
an e-mail address, or a phone number in the body of your document so 
that we can contact you if we have questions regarding your submission. 
You may submit your comments and material by electronic means, mail, 
fax, or delivery to the Docket Management Facility at the address under 
ADDRESSES; but please submit your comments and material by only one 
means. If you submit them by mail or delivery, submit them in an 
unbound format, no larger than 8 \1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit them by mail and would 
like to know that they reached the Facility, 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.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov at 
any time, click on ``Search for Dockets,'' and enter the docket number 
for this rulemaking USCG-2008-0049 in the Docket ID box, and click 
enter. You may also visit the Docket Management Facility in Room W12-
140 on the ground floor of the DOT West Building, 1200 New Jersey 
Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.

Privacy Act

    Anyone can search the electronic form of all comments received into 
any of our dockets by the name of the individual submitting the comment 
(or signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review the Department of 
Transportation's Privacy Act Statement in the Federal Register 
published on April 11, 2000 (65 FR 19477), or you may visit http://DocketsInfo.dot.gov.

Public Meeting

    We are not at this time planning to hold a public meeting. But you 
may submit a request for one to the Docket Management Facility 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 Lafourche Parish Council has requested that a regulation be 
placed on the SR 316 Blue Bayou Pontoon Bridge across the Gulf 
Intracoastal Waterway (GIWW), at mile 49.8, near Houma, Louisiana. This 
bridge currently opens on signal as required by 33 CFR 117.5. Due to a 
high volume of vehicular traffic on SR 316 and length of time to open 
and close the SR 316 Blue Bayou Pontoon Bridge, a bridge opening can 
cause a substantial delay in transit time for school buses having to 
cross the bridge. To minimize the transit time of school children, 
Lafourche Parish requested closure periods around the scheduled school 
bus route times to allow the buses to cross the bridge without delay 
caused by a bridge opening. Currently, based on twelve months of bridge 
logs and a two week vehicular traffic count during the school year, the 
7 a.m. to 8:30 a.m. period has an average of 87 cars to 3.4 vessels, 
the 2 p.m. to 4 p.m. period has an average of 112 cars to 6.3 vessels, 
and the 4:30 p.m. to 5:30 p.m. period has an average of 140 cars to 3.2 
vessels. Thus, a substantial delay can occur to the school buses that 
have to cross this bridge during their routes.
    A Test Deviation, USCG-2008-0048, is being issued in conjunction 
with this Notice of Proposed Rulemaking to test the proposed schedule 
and to obtain data and public comments. The test period will be in 
effect from March 27, 2008 until April 28, 2008. The Coast Guard will 
review the logs of the drawbridge and evaluate public comments from 
this Notice of Proposed Rulemaking and the above referenced Temporary 
Deviation to determine if a permanent special drawbridge operating 
regulation is warranted.
    The Test Deviation shall allow the draw to open on signal; except 
that, the draw need not be opened 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 
except Federal holidays.

Discussion of Proposed Rule

    The proposed rule will allow the SR 316 Blue Bayou Pontoon Bridge 
to not have to open from 7 a.m. to 8:30 a.m., 2 p.m. to 4 p.m., and 
4:30 p.m. to 5:30 p.m. This departure from the current regulation 
requiring the bridge to open on signal is based on bus route times. The 
proposed regulation will allow the school buses that transit on SR 316 
to deliver their passengers in a timely manner without delays.

[[Page 13162]]

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. It is not ``significant'' 
under the regulatory policies and procedures of the Department of 
Homeland Security.
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation is unnecessary.
    The proposed rule will only allow the bridge to not have to open 
during three short periods during the day with open on signal periods 
between each closure period. Given the high vehicular traffic to low 
vessel count--the 7 a.m. to 8:30 a.m. period has an average of 87 cars 
to 3.4 vessels, the 2 p.m. to 4 p.m. period has an average of 112 cars 
to 6.3 vessels, and the 4:30 p.m. to 5:30 p.m. period has an average of 
140 cars to 3.2 vessels--we expect very few vessels will be impacted or 
backed up, and those few vessels should be able to schedule their 
transit time during an open on signal period.

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 tug boat and trawler 
operators. This proposed rule will have no significant impact on any 
small entities because the proposed regulation will only provide for 
three short closure periods with open on signal periods between each 
closure period. Thus, small entities may schedule to transit through 
this bridge during the open on signal periods and avoid any delay.
    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 Bart Marcules, Bridge 
Administration Branch, telephone (504) 671-2128. 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

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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 which guides 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 that this action is not likely to have 
a significant effect on the human environment because it simply 
promulgates the operating regulations or procedures for drawbridges. We 
seek any comments or information that may lead to the discovery of a 
significant environmental impact from this proposed rule.

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; Department of Homeland 
Security Delegation No. 0170.1.

    2. In Sec.  117.451, redesignate paragraphs (c), (d), and (e) as 
paragraphs (d), (e), and (f), respectively, and add new paragraph (c) 
to read as follows:


Sec.  117.451  Gulf Intracoastal Waterway

* * * * *
    (c) The draw of the SR 316 Bayou Blue Bridge, mile 49.8, near Houma 
shall open on signal; except that, from August 15 to May 31 (the school 
year), the draw need not be opened 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 
except Federal holidays.
* * * * *

    Dated: February 21, 2008.
J.H. Korn,
Captain, U.S. Coast Guard, Commander, 8th Coast Guard District, Acting.
 [FR Doc. E8-4940 Filed 3-11-08; 8:45 am]
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