[Federal Register Volume 74, Number 244 (Tuesday, December 22, 2009)]
[Rules and Regulations]
[Pages 67974-67977]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-29750]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2009-0863]
RIN 1625-AA09


Drawbridge Operation Regulation; Bonfouca Bayou, Slidell, LA

AGENCY: Coast Guard, DHS.

ACTION: Interim rule with request for comments.

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SUMMARY: The Coast Guard is changing the regulation governing the 
operation of the State Route (SR) 433 Swing Span Bridge across Bonfouca 
Bayou, mile 7.0, at Slidell, St. Tammany Parish, Louisiana. The 
Louisiana Department of Transportation and Development (LDOTD) 
requested that the operating regulation of the SR 433 Swing Span Bridge 
be changed in order to allow for signaled openings to begin later in 
the mornings and later in the evenings during the months of daylight 
savings time. This change allows the bridge to open on signal, except 
that from 9 p.m. to 7 a.m., from March 1 through October 30, the draw 
shall open on signal if at least two hours' notice is given. From 
November 1 through February 28 or 29, the bridge will revert to the 
two-hour notice requirement from 6 p.m. to 6 a.m.

DATES: This rule is effective December 22, 2009. Submit comments by 
January 21, 2010.

ADDRESSES: You may submit comments identified by docket number USCG-
2009-0863 using one of the following methods:
    (1) Federal rulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) 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.
    (4) Hand Delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or e-mail Phil Johnson, Bridge Administration Branch, Coast Guard; 
telephone 504-671-2128, e-mail [email protected]. If you have 
questions on viewing the docket, call Renee V. Wright, Program Manager, 
Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    The Coast Guard will consider all comments from the public before 
issuing a Final Rule for this change. 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.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2009-0863), indicate the specific section of this 
document to which each comment applies, and give the reason for each 
suggestion or recommendation. You may submit your comments and material 
online, or by fax, mail or hand delivery, but please use only one of 
these means. If you submit a comment online via http://www.regulations.gov, it will be considered received by the Coast Guard 
when you successfully transmit the comment. If you fax, hand deliver, 
or mail your comment, it will be considered as having been received by 
the Coast Guard when it is received at the Docket Management Facility. 
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.

[[Page 67975]]

    To submit your comment online, go to http://www.regulations.gov, 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. In the ``Document Type'' drop down menu select 
``Proposed Rules'' and insert ``USCG-2009-0863'' in the ``Keyword'' 
box. Click ``Search'' then click on the balloon shape in the 
``Actions'' column. If you submit your comments by mail or hand 
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 
and may change this rule based on your comments.

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, 
click on the ``read comments'' box, which will then become highlighted 
in blue. In the ``Keyword'' box insert ``USCG-2009-0863'' and click 
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column. 
You may also visit the Docket Management Facility in Room W12-140 on 
the ground floor of the Department of Transportation, West Building, 
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. We have an 
agreement with the Department of Transportation to use the Docket 
Management Facility.

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 a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one using one of the four methods specified under 
ADDRESSES. Please explain 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.

Regulatory Information

    The Coast Guard is issuing this interim final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because it has been brought to the Coast 
Guard's attention that recreational boaters are not easily able to 
access their berthing facilities upstream of the bridge in the 
afternoons because of the two-hour notice requirement that starts at 6 
p.m. each day. Most recreational boaters who are underway at extended 
distances from the bridge are unable to determine an exact time of 
arrival at the bridge in order to request the required two-hour notice. 
Others may not have long range VHF-FM radios capable of contacting the 
bridge while underway at great distances from the bridge in order to 
request the two-hour notice. Thus, many boaters are required to end 
their activities early, several hours prior to sundown during the 
months that daylight savings time is in effect, in order to get through 
the bridge before 6 p.m. Additionally, the Coast Guard was provided a 
copy of a letter to LDOTD from an individual, listing four businesses, 
including his own, stating that the businesses are losing money from 
boaters who are afraid of being restricted from returning to their 
homes by the two-hour notice requirement. The Coast Guard finds good 
cause to issue this interim final rule without prior notice and 
opportunity to comment because the delay is impracticable and 
unnecessary and not in the best public interest.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective in less than 30 days after 
publication in the Federal Register. The delay in publishing a Notice 
of Proposed Rule Making and allowing 30 days for comments before 
issuing a Final Rule will extend the hardship on the recreational 
boater and the businesses upstream of the bridge. Recreational boaters 
are not easily able to access their berthing facilities upstream of the 
bridge in the afternoons because of the two-hour notice requirement 
that starts at 6 p.m. each day. Most recreational boaters who are 
underway at extended distances from the bridge are unable to determine 
an exact time of arrival at the bridge in order to request the required 
two-hour notice. Thus, many boaters are required to conclude their 
activities earlier than necessary in order to get through the bridge 
before 6 p.m. without a two-hour delay. Furthermore, businesses that 
are located upstream of the bridge are suffering economically due to 
the lack of recreational boaters who would normally patronize their 
businesses if the boaters were able to get past the bridge later in the 
afternoons without the two-hour delay.

Background and Purpose

    The LDOTD requested that the operating regulation of the SR 433 
Swing Span Bridge across Bonfouca Bayou, mile 7.0 at Slidell, Louisiana 
be changed in order to allow for signaled openings to begin later in 
the mornings and later in the evenings during the months of daylight 
savings time from March 1 through October 30 each year. LDOTD indicated 
that extending the morning requirement for a two-hour notice by one 
hour will not affect mariners passing through the bridge because few 
mariners do so in the morning. Bridge tender logs indicate that more 
recreational vessels transit the bridge during spring, summer and fall 
months than during the winter months of November through February. The 
logs also show that most of the recreational boaters do not signal for 
an opening prior to 7 a.m. By extending the time for the bridge to open 
on signal to 9 p.m., during the months of daylight savings time, 
mariners are afforded the opportunity to extend their activities for 
the full period of daylight each day. The additional hour requiring a 
two-hour notice in the morning is advantageous to the bridge owner by 
not having to continuously man the bridge for that additional hour.
    Presently, the bridge opens 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. This interim final rule allows the bridge to open on 
signal, except that from March 1 through October 30, the regular 
boating season, the draw shall open on signal if at least two hours 
notice is given from 9 p.m. to 7 a.m. During the winter months of 
November 1 through February 28 or 29, the bridge will revert to the 
two-hour notice requirement from 6 p.m. to 6 a.m. To continue to 
accommodate rush hour vehicular traffic the bridge will continue to 
remain closed to navigation, Monday through Friday, except Federal 
holidays,

[[Page 67976]]

from 7 a.m. to 8 a.m. and from 1:45 p.m. to 2:45 p.m.

Discussion of Rule

    This rule changes the time during which a mariner must request a 
two-hour notice for the bridge to open, from 6 p.m. to 6 a.m., to 9 
p.m. to 7 a.m. The reason for this change is to allow recreational 
boaters a longer period of time to remain underway during daylight 
hours during daylight savings time and be able to request an opening on 
signal so that they can safely arrive at their berth before dark during 
the regular boating season. The change will only affect the period from 
March 1 through October 30 each year, the regular boating season. 
During the period from November 1 through February 28 or 29, the bridge 
will operate as it currently does, requiring a two-hour notice for 
opening between the hours of 6 p.m. and 6 a.m. The morning and 
afternoon closure times of from 7 a.m. to 8 a.m. and from 1:45 p.m. to 
2:45 p.m. will remain unchanged. The Coast Guard will evaluate comments 
received from the public before issuing a Final Rule for this change.

Regulatory Analyses

    We developed this interim rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    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 
rule to be so minimal that a full Regulatory Evaluation is unnecessary. 
The boating public will benefit from the change by being allowed more 
time to remain underway without having to pass through the bridge prior 
to 6 p.m. The change will actually enhance the economic impact to 
businesses upstream of the bridge. The rule change will not 
inconvenience mariners in any way.

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 small entities. The small 
entities that will be positively affected are: The owners of 
recreational boats who normally transit the waterway out to Lake 
Pontchartrain and four businesses that exist upstream of the bridge. 
The businesses upstream of the bridge are expected to benefit from the 
rule change because boaters will be able to transit the waterway and 
access the facilities more easily.
    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 offer to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process.
    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 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

[[Page 67977]]

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 Department of Homeland Security 
Management Directive 023-01 and 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 
this action is one of a category of actions which do not individually 
or cumulatively have a significant effect on the human environment. 
This rule is categorically excluded, under figure 2-1, paragraph 
(32)(e), of the Instruction.
    Under figure 2-1, paragraph (32)(e), of the Instruction, an 
environmental analysis checklist 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 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. Section 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. from November 1 through 
February 28 or February 29, the draw shall open on signal if at least 
two hours notice is given. From March 1 through October 30, from 9 p.m. 
to 7 a.m. the draw shall open on signal if at least two hours notice is 
given. On Monday through Friday, except Federal holidays, throughout 
the year, 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: November 25, 2009.
Mary E. Landry,
Rear Admiral, U.S. Coast Guard Commander, Eighth Coast Guard District.
[FR Doc. E9-29750 Filed 12-21-09; 8:45 am]
BILLING CODE 9110-04-P