[Federal Register Volume 79, Number 115 (Monday, June 16, 2014)]
[Rules and Regulations]
[Pages 34226-34227]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-13270]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2013-1072]
RIN 1625-AA09


Drawbridge Operation Regulation; Terrebonne Bayou, LA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is finalizing the interim rule that governs 
the operating schedule of the St. Ann swing bridge across Terrebonne 
Bayou, mile 28.8, at Bourg, Terrebonne Parish, Louisiana. The rule will 
allow the bridges to operate on signal if at least 24 hours advanced 
notice is given. This rule increases the efficiency of operations 
allowing for the safe navigation of vessels through the bridge while 
recognizing the low volume of vessel traffic through the bridge.

DATES: This final rule is effective June 16, 2014.

ADDRESSES: Documents mentioned in this preamble are part of Docket 
Number USCG-2013-1072. To view documents mentioned in this preamble as 
being available in the docket, go to http://www.regulations.gov, type 
the docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on 
Open Docket Folder on the line associated with this rulemaking. 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. David Frank; Bridge Administration Branch, Eighth 
Coast Guard District; telephone 504-671-2128, email 
[email protected]. If you have questions on viewing or submitting 
material to the docket, call Cheryl F. Collins, Program Manager, Docket 
Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

CFR Code of Federal Regulations
DHS Department of Homeland Security
USCG United States Coast Guard
NEPA National Environmental Policy Act
Sec.  Section Symbol
U.S.C. United States Code
MGL Mean Gulf Level
SR State Route

A. Regulatory History and Information

    On February 12, 2014, we published an interim rule with request for 
comments entitled, ``Drawbridge Operation Regulation; Terrebonne Bayou, 
LA'' in the Federal Register (79 FR 8270). We received no comments on 
the interim rule. No public meeting was requested, and none was held.

B. Basis and Purpose

    The U.S. Coast Guard received a request to modify the existing 
operating schedule of the new St. Ann swing bridge across Terrebonne 
Bayou, mile 28.8, at Bourg, Terrebonne Parish, Louisiana. The request 
follows completion of the new swing bridge and accommodates current 
traffic needs, rather than opening on signal at all times. As 
requested, the bridge will open on signal if at least 24 hours advanced 
notification is given.
    This change allows the bridge owner to open the bridge for vessel 
traffic with sufficient notice while removing the requirement that a 
bridge tender be on the bridge at all times.
    Since completion of the new bridge, no openings have been requested 
by mariners and several of the bridges downstream of the swing bridge 
are operated under special operating regulations published in 33 CFR 
117.505. These special operating regulations increase efficiency and 
currently operate without issue. The SR 24 (Presquille Isle) bridge, 
located 2.5 miles upstream of the St. Ann swing bridge at mile 31.3 in 
Bourg, is a fixed bridge with a vertical clearance of 3.4 feet above 
mean high water, elevation 3.4 feet Mean Gulf Level (MGL). The primary 
affect of this change is limited to the property owners located on and 
vessels transiting this waterway between the St. Ann swing bridge and 
the SR 24 (Presquille Isle) bridge.

C. Discussion of Comments, Changes and the Final Rule

    An interim rule with a request for comments was established on 
February 12, 2014. No comments were received and no objections to the 
interim rule was received.
    No changes to the regulatory text were made between the interim 
rule and the final rule. Therefore, this final rule retains paragraph 
(b) of the interim rule in 33 CFR 117.505 for this waterway. Further, 
it retains paragraph (a) and the redesignation of the already existing 
paragraphs for bridges at mile markers above 28.8. This rule allows the 
bridge to open on signal if at least 24 hours advanced notification is 
given.
    As no vessels have transited through this bridge site in the last 
two years and only 15 openings were requested since 2008, this 
regulation will have a minimal affect on the property owners located in 
and vessels transiting the area. Additionally, the bridge can be opened 
in less than four hours if there is an emergency on the waterway.

E. Regulatory Analyses

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

1. 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 Order 12866 or under 
section 1 of Executive Order 13563. The Office of Management and Budget 
has not reviewed it under those Orders.
    This rule allows the limited number of vessels using this stretch 
of the waterway the opportunity to transit with proper notification. As 
this bridge has not opened for vessel traffic during the two years (11/
2011 to 11/2013) that the new bridge was under construction and only 15 
times since 2008, this regulation will have a minimal affect on those 
property owners and vessels who wish to use the waterway.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations

[[Page 34227]]

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 received no comments from the Small Business 
Administration on this rule. The Coast Guard certifies under 5 U.S.C. 
605(b) that this rule would not have a significant economic impact on a 
substantial number of small entities.
    This rule will affect the following entities, some of which may be 
small entities: The property owners or vessel operators who wish to 
transit on Terrebonne Bayou between mile 28.8 and mile 31.3. However, 
as provided in this rule and currently under 33 CFR 117.505, vessel 
owners will still be able to transit the bridge if proper notification 
is given and in the case of an emergency.

3. 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. 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 the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    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.

4. 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).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. 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.

8. 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.

9. 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.

10. 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 does not create an 
environmental risk to health or risk to safety that might 
disproportionately affect children.

11. 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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. 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 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 the human environment. This rule simply promulgates the 
operating regulations or procedures for drawbridges. 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.
    Accordingly, the interim rule amending 33 CFR part 117 which was 
published at 79 FR 8270 on February 12, 2014 is adopted as a final rule 
without change.

    Dated: May 19, 2014.
Kevin S. Cook,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2014-13270 Filed 6-13-14; 8:45 am]
BILLING CODE 9110-04-P