[Federal Register Volume 77, Number 73 (Monday, April 16, 2012)]
[Proposed Rules]
[Pages 22520-22523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-9074]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2011-0926]
RIN 1625-AA09


Drawbridge Operation Regulation; Lafourche Bayou, LA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes changing the regulation governing six 
bridges across Bayou Lafourche, south of the Gulf Intracoastal Waterway 
(GIWW). Currently, these bridges remain closed to navigation at various 
times on weekdays during the school year. The Louisiana Department of 
Transportation and Development (LADOTD), in conjunction with the 
Lafourche Parish Council, would like to change the beginning date of 
the regulation to coincide with the change in the beginning of the 
school year. All other aspects of the regulation will remain the same. 
These changes will alleviate any confusion that the bridge tenders and 
mariners may have as to the bridge schedule now that the school year 
begins earlier than the regulation effective date.

DATES: Comments and related material must reach the Coast Guard on or 
before May 16, 2012.

ADDRESSES: You may submit comments identified by docket number USCG-
2011-0926 using any one of the following methods:
    (1) Federal eRulemaking 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 email Mr. Jim Wetherington; Bridge

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Administration Branch, Eighth Coast Guard District; telephone 504-671-
2128, email [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

    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-2011-0926), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (http://www.regulations.gov), 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 email address, or a phone number in the body of 
your document so that we can contact you if we have questions regarding 
your submission.
    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-2011-0926'' 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 the 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-2011-0926'' 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 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 to the docket 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.

Basis and Purpose

    The six draw bridges across Lafourche Bayou that are affected by 
this proposed rule are described as follows:
    The SR 308 (Golden Meadow) Bridge, mile 23.9, at Golden Meadow; the 
Galliano Pontoon Bridge, mile 27.8, at Galliano; the SR 308 (South 
Lafourche (Tarpon)) Bridge, mile 30.6, at Galliano; the Cote Blanche 
Pontoon Bridge, mile 33.9, at Cutoff; the Cutoff Vertical Lift Bridge, 
mile 36.3, at Cutoff; and the SR 310 (Larose Pontoon) Bridge, mile 
39.1, at Larose.
    The purpose of the underlying regulation is to implement a specific 
operating schedule that is effective only during the school year to 
accommodate the change in bridge traffic during the school year. 
Beginning in 2011, the school year started a full week before the 
regulation's current yearly start date and multiple complaints were 
received by the parish about the vessel traffic holding up the peak-
time vehicle traffic. Vessel traffic in the area is accustomed to the 
restrictions effective during the school year. This proposed change, 
moving the effective date by approximately two weeks to accommodate the 
earlier start for the school year, will not unduly impact vessel 
traffic. The reason for the two week change is to ensure that we 
encompass any changes to the school start date in the future. It will, 
however, revise the published bridge schedule to reflect its original 
intent. The Louisiana Department of Transportation and Development 
(LADOTD) and the Lafourche Parish Council (each agency owning three of 
the bridges) would like to change the beginning date of the regulation 
from August 15 of each year to August 1 of each year. The purpose of 
this proposed change is to eliminate confusion and conflict between the 
current published schedule and changes in the school year, causing 
vessel traffic holdups during the beginning of coming school years. All 
other aspects of the regulation will remain the same.

Discussion of Rule

    The Coast Guard proposes changing the regulation in 33 CFR 
117.465(a) so that it reflects the intent of the current rule allowing 
the bridge to remain closed to vessel traffic during peak traffic times 
during the entire school year. The proposed change will make the 
beginning date for the restriction August 1 instead of August 15. This 
proposed change will only minimally affect vessel operators using the 
waterway. All other aspects of the regulation will remain the same.

Regulatory Analyses

    We developed this proposed 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 proposed 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 12866. The 
Office of Management and Budget has not reviewed it under that Order.

[[Page 22522]]

    The Coast Guard does not consider this proposed rule to be a 
``significant'' regulatory action because it is a merely a change in 
the start date for the restriction and does not further change existing 
or impose new restrictions affecting the way vessels operate on the 
waterway.

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 rule will 
not have a significant economic impact on a substantial number of small 
entities.
    This proposed rule will affect the following entities, some of 
which may be small entities: the owners or operators of vessels 
intending to transit the bridges Monday through Friday except Federal 
holidays during the hours of 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. from August 1 through August 14.
    This action will not have a significant economic impact on a 
substantial number of small entities because the change only adds two 
weeks to the current regulation. The current rule has been in effect 
for these vessels and waterway users since 2006. This change extends 
the effective period for the known restrictions to coincide with the 
full school year, which was the original intent of this rule.
    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 rule so that they can better evaluate 
its effects on them and participate in the rulemaking. If the rule will 
affect your small business, organization, or governmental jurisdiction 
and you have questions concerning its provisions or options for 
compliance, please contact Mr. Jim Wetherington; Bridge Administration 
Branch, Eighth Coast Guard District; telephone 504-671-2128, email 
[email protected]. 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 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 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 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 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 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 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 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 made a preliminary determination that this action is one of a 
category of actions which do not individually or cumulatively have a 
significant effect on

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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. Revise Sec.  117.465(a) to read as follows:


Sec.  117.465  Lafourche Bayou.

    (a) The draws of the following bridges shall open on signal; except 
that, from August 1 through May 31, the draw need not open for the 
passage of vessels 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.:
* * * * *

    Dated: March 23, 2012.
Roy A. Nash,
Rear Admiral, U.S. Coast Guard Commander, Eighth Coast Guard District.
[FR Doc. 2012-9074 Filed 4-13-12; 8:45 am]
BILLING CODE 9110-04-P