[Federal Register Volume 76, Number 163 (Tuesday, August 23, 2011)]
[Rules and Regulations]
[Pages 52567-52569]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-21459]


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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: Final rule.

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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.

DATES: This rule is effective September 22, 2011.

ADDRESSES: Comments and related materials received from the public, as 
well as documents mentioned in this preamble as being available in the 
docket, are part of docket USCG-2009-0863 and are available by going to 
http:[sol][sol]www.regulations.gov, inserting USCG-2009-0863 in the 
``Keyword'' box, and then clicking ``Search.'' This material is also 
available for inspection or copying at 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or e-mail David Frank, Bridge Administrator, 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: 

Regulatory Information

    On December 22, 2009, we published an interim rule with request for 
comments in the Federal Register (74 FR 67974). No comments were 
received. No public hearing was requested and none was held.

Basis 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 most 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.
    In the interim rule we extended the time for the bridge to open on 
signal to 9 p.m., during the months of daylight savings time, thereby 
affording mariners the opportunity to extend their activities for the 
full period of daylight each day. We also delayed the beginning of the 
on signal openings to 7 a.m. so that the evening extension did not 
unduly burden the bridge owner by significantly increasing the length 
of time it is necessary to continuously man the bridge.

[[Page 52568]]

    Prior to publishing the interim rule, 33 CFR 117.433 stated: 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.
    This final rule replaces the interim rule and 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, from 7 a.m. to 8 a.m. and from 1:45 p.m. to 2:45 p.m.

Discussion of Comments and Changes

    The Coast Guard received no comments or requests for changes to the 
interim rule and the Coast Guard made no changes to the interim rule.

Regulatory Analyses

    We developed this 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, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 13563. The 
Office of Management and Budget has not reviewed it under those Orders.
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation is unnecessary. The interim rule has been in 
effect since December 22, 2009 and no complaints or comments have been 
received by the Coast Guard from any waterway users.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard considers whether this final rule will have a significant 
economic impact on a substantial number of small entities. ``Small 
entities'' include (1) Small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and (2) governmental jurisdictions with populations of less 
than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this final 
rule will not have a significant economic impact on a substantial 
number of small entities.
    This rule will affect the following entities, some of which might 
be small entities: The owners or operators of vessels patronizing the 
marina just upstream of the bridge and owners or operators of small 
commercial fishing vessels. This rule extends by one hour the total 
duration of the on-demand bridge openings and changes the time of day 
for on-demand bridge openings from 6 a.m.-6 p.m. to 7 a.m.-9 p.m. 
Bridge logs indicate the morning delay will have minimal impact on 
bridge openings therefore this rule will not affect a substantial 
number of small entities and therefore will not have a substantial 
economic impact.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), in the interim rule 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.

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 (adjusted for 
inflation) 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 cause 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

[[Page 52569]]

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 
that 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.

    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. Revise Sec.  117.433 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: July 27, 2011.
Roy A. Nash,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2011-21459 Filed 8-22-11; 8:45 am]
BILLING CODE 9110-04-P