Drawbridge Operation Regulation; Bayou Lafourche, LA, 76689-76691 [05-24539]
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Federal Register / Vol. 70, No. 248 / Wednesday, December 28, 2005 / Rules and Regulations
by reason of holding stock in T, and L owns
45 shares of U stock by reason of holding
stock in T. Under paragraph (b) of this
section, the U stock held by K is not included
in either the numerator or the denominator
of the fraction that determines the percentage
of U stock owned by former shareholders of
T by reason of holding stock in T.
Accordingly, the fraction is 45/45 and the
percentage is 100%. If the EAG does not have
substantial business activities in U’s country
of incorporation when compared to the total
business activities of the EAG, U is a
surrogate foreign corporation which is treated
as a domestic corporation under section
7874(b).
Example 7. Intra-group restructuring; less
than wholly owned partnership—(i) Facts.
LLC, a Delaware limited liability company
engaged in the conduct of a trade or business,
is 90% owned by C, a corporation, and 10%
owned by D, a person unrelated to C. LLC has
not elected to be treated as an association
taxable as a corporation. As part of an
internal restructuring within the C group, C
and D transfer their interests in LLC to E, a
newly formed foreign corporation, in
exchange for 90 shares and 10 shares,
respectively, of E’s common stock, which are
all of the issued and outstanding shares of E.
(ii) Analysis. LLC is a domestic partnership
for Federal income tax purposes. E has
indirectly acquired substantially all the
properties constituting a trade or business of
LLC pursuant to a plan. After the acquisition,
C holds 90% of E’s stock by reason of holding
a capital or profits interest in LLC, and D
holds 10% of E’s stock by reason of holding
a capital or profits interest in LLC. Before the
acquisition, LLC is more than 80% owned by
C, the common parent of the EAG, and after
the acquisition, less than 20% of E’s stock is
owned by non-members of the EAG (that is
by D) by reason of holding a capital or profits
interest in LLC. Under paragraph (c)(1) of this
section, the E stock held by C is included in
the denominator but not the numerator of the
fraction that determines the percentage of E
stock owned by former partners of LLC by
reason of holding an interest in LLC.
Accordingly, the fraction is 10/100 and the
percentage is 10%. E is not a surrogate
foreign corporation.
Example 8. Acquisition of 50–50 joint
venture partnership—(i) Facts. The facts are
the same as in Example 7 except that C and
D each own 50% of the capital and profits
interests in LLC. C and D transfer their
interests in LLC to G, a newly formed foreign
corporation, in exchange for 50 shares each
of G’s common stock, which are all of the
issued and outstanding shares of G.
(ii) Analysis. G has indirectly acquired
substantially all the properties constituting a
trade or business of LLC, a domestic
partnership, pursuant to a plan. After the
acquisition, C and D each hold 50% of G’s
stock by reason of holding an interest in LLC.
G is not included in an expanded affiliated
group after the acquisition. Accordingly,
none of the stock of G is disregarded under
this section in determining the percentage of
G stock held by former partners of LLC by
reason of holding an interest in LLC. Thus,
the fraction is 100/100 and the percentage is
100%. If the EAG does not have substantial
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16:43 Dec 27, 2005
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business activities in G’s country of
incorporation when compared to the total
business activities of the EAG, G is a
surrogate foreign corporation which is treated
as a domestic corporation under section
7874(b).
(e) Effective date. This section applies
to taxable years ending after March 4,
2003.
Mark E. Matthews,
Deputy Commissioner for Services and
Enforcement.
Approved: December 13, 2005.
Eric Solomon,
Acting Deputy Assistant Secretary of the
Treasury (Tax Policy).
[FR Doc. 05–24450 Filed 12–27–05; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[CGD08–05–049]
RIN 1625–AA09
Drawbridge Operation Regulation;
Bayou Lafourche, LA
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is changing
the regulations governing six bridges
across Bayou Lafourche, south of the
Gulf Intracoastal Waterway, in
Lafourche Parish, Louisiana. The
Lafourche Parish Council has requested
that the bridges remain closed to
navigation at various times on weekdays
during the school year. These closures
will facilitate the safe, efficient
movement of staff, students and other
residents within the parish.
DATES: This rule is effective January 27,
2006.
ADDRESSES: Comments and material
received from the public, as well as
documents indicated in this preamble as
being available in the docket, are part of
docket [CGD08–05–049], which has
incorporated docket [USCG–2005–
22363] into the original docket, and are
available for inspection or copying at
the office of the Eighth Coast Guard
District, Bridge Administration Branch,
500 Poydras Street, New Orleans,
Louisiana 70130–3310, between 7 a.m.
and 3 p.m., Monday through Friday,
except Federal holidays. The Bridge
Administration Branch maintains the
public docket for this rulemaking.
FOR FURTHER INFORMATION CONTACT:
David Frank, Bridge Administration
Branch, telephone 504–589–2965.
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SUPPLEMENTARY INFORMATION:
Regulatory History
On September 2, 2005, we published
a notice of proposed rulemaking
(NPRM) entitled, ‘‘Drawbridge
Operation Regulation; Lafourche Bayou,
Lafourche Parish, LA,’’ in the Federal
Register (70 FR 52340). Due to the
passage of Hurricane Katrina, the Coast
Guard issued a second notice of
proposed rulemaking indicating that
comments should be sent to a new
location due to the temporary closure of
the Bridge Administration Office in
New Orleans. On September 8, 2005, we
published the second notice of proposed
rulemaking (NPRM) entitled,
‘‘Drawbridge Operation Regulation;
Lafourche Bayou, Lafourche Parish,
LA,’’ in the Federal Register (70 FR
53328). We received four letters
commenting on the proposed rule. No
public meeting was requested, and none
was held.
Background and Purpose
The U.S. Coast Guard, at the request
of the Lafourche Parish Council,
proposes to modify the existing
operating schedules of six bridges across
Bayou Lafourche south of the Gulf
Intracoastal Waterway in Lafourche
Parish, Louisiana. The six bridges
include: Golden Meadow Vertical Lift
Bridge, mile 23.9; the Galliano Pontoon
Bridge, mile 27.8; the South Lafourche
(Tarpon) Vertical Lift Bridge, mile 30.6;
the Cote Blanche Pontoon Bridge, mile
33.9; the Cutoff Vertical Lift Bridge,
mile 36.3; and the Larose Pontoon
Bridge, mile 39.1. The modification of
the existing regulations will allow these
bridges to remain closed to navigation
from 7 a.m. to 8 a.m.; from 2 p.m. to 4
p.m.; and from 4:30 p.m. to 5:30 p.m.,
Monday through Friday from August 15
through May 31. At all other times, the
bridges would open on signal for the
passage of vessels.
Presently, only two of these bridges
have special operation regulations in
place. The Galliano/South Lafourche
(Tarpon) Vertical Lift Bridge, mile 30.6,
and the Cote Blanche Pontoon Bridge,
mile 33.9, open on signal; except that,
from 2:30 p.m. to 3:30 p.m. and from
4:30 p.m. to 5:30 p.m. Monday through
Friday except Federal holidays, the
draws need not open for the passage of
vessels. The other four bridges open on
signal for the passage of vessels.
Traffic counts and vessel openings
vary among the six bridges. The
Louisiana Department of Transportation
and Development provided information
on vessel openings and traffic counts for
the Larose Pontoon Bridge, mile 39.1;
the Galliano/South Lafourche (Tarpon)
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76690
Federal Register / Vol. 70, No. 248 / Wednesday, December 28, 2005 / Rules and Regulations
Vertical Lift Bridge, mile 30.6; and the
Golden Meadow Vertical Lift Bridge,
mile 23.9. The Lafourche Parish Council
provided information on vessel
openings and traffic counts for the
Cutoff Vertical Lift Bridge, mile 36.3;
the Cote Blanche Pontoon Bridge, mile
33.9; and the Galliano Pontoon Bridge,
mile 27.8.
The Larose Pontoon Bridge, mile 39.1,
is the first bridge south of the Gulf
Intracoastal Waterway intersection. This
bridge is located just south of a flood
control structure that has a horizontal
clearance of 56 feet and a depth over the
sill of 10 feet. The bridge opens an
average of 410 times a month for
vessels. Based upon the request,
approximately 18% of the vessels would
be affected by the proposed closures.
Traffic counts indicate that 9000
vehicles cross the bridge daily and
approximately 23% of those vehicles
cross during the requested closure
times. Vessel openings of the bridge
delay vehicular traffic nine minutes per
opening, delaying 20 vehicles per
opening. The Larose Pontoon Bridge is
presently scheduled for replacement.
The new bridge will be a vertical lift
bridge and it will be located 0.4 miles
downstream from its present location.
Once the new bridge is constructed, the
old bridge will be removed. The special
operating regulation for the old bridge,
if approved, may not be transferred to
the new bridge and a new request for a
special operation regulation must be
made for the new bridge.
The Cutoff Vertical Lift Bridge, mile
36.3 is the next bridge downstream from
the Larose Pontoon Bridge. The bridge
opens an average of 419 times a month
for vessels. Based upon the request,
approximately 23% of the vessels would
be affected by the proposed closures.
Traffic counts indicate that 7180
vehicles cross the bridge daily and
approximately 33% of those vehicles
cross during the requested closure
times. Vessel openings of the bridge
delay vehicular traffic five minutes per
opening, delaying 80 vehicles per
opening.
The Cote Blanche Pontoon Bridge,
mile 33.9 is the next bridge downstream
from the Cutoff Vertical Lift Bridge. The
bridge opens an average of 441 times a
month for vessels. Based upon the
request, approximately 23% of the
vessels would be affected by the
proposed closures. Traffic counts
indicate that 7180 vehicles cross the
bridge daily and approximately 33% of
those vehicles cross during the
requested closure times. Vessel
openings of the bridge delay vehicular
traffic five minutes per opening,
delaying 54 vehicles per opening.
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The Galliano/South Lafourche
(Tarpon) Vertical Lift Bridge, mile 30.6
is the next bridge downstream from the
Cote Blanche Pontoon Bridge. The
bridge opens an average of 430 times a
month for vessels. Based upon the
request, approximately 20% of the
vessels would be affected by the
proposed closures. Traffic counts
indicate that 8000 vehicles cross the
bridge daily and approximately 28% of
those vehicles cross during the
requested closure times. Vessel
openings of the bridge delay vehicular
traffic six minutes per opening, delaying
43 vehicles per opening.
The Galliano Pontoon Bridge, mile
27.8 is the next bridge downstream from
the Galliano/South Lafourche (Tarpon)
Vertical Lift Bridge. The bridge opens an
average of 580 times a month for
vessels. Based upon the request,
approximately 23% of the vessels would
be affected by the proposed closures.
Traffic counts indicate that 5040
vehicles cross the bridge daily and
approximately 34% of those vehicles
cross during the requested closure
times. Vessel openings of the bridge
delay vehicular traffic five minutes per
opening, delaying 60 vehicles per
opening.
The Golden Meadow Vertical Lift
Bridge, mile 23.9 is the next bridge
downstream from the Galliano Pontoon
Bridge. The bridge opens an average of
610 times a month for vessels. Based
upon the request, approximately 30% of
the vessels would be affected by the
proposed closures. Traffic counts
indicate that 2400 vehicles cross the
bridge daily and approximately 30% of
those vehicles cross during the
requested closure times. Vessel
openings of the bridge delay vehicular
traffic six minutes per opening, delaying
16 vehicles per opening.
Navigation at the site of the bridge
consists primarily of commercial and
recreational fishing vessels, crew boats,
and some tugboats with barges.
Alternate routes are not readily
accessible.
The existing regulations on the
Galliano/South Lafourche (Tarpon)
Vertical Lift Bridge, mile 30.6 and the
Cote Blanche Pontoon Bridge, mile 33.9,
were established on September 20,
1995. Since the establishment of these
special operation regulations, the Coast
Guard has not received any formal
complaints regarding the operation of
the bridges. It has been approximately
ten years since the last formal request to
change the operating regulations of the
Cote Blanche bridge and the Galliano/
South Lafourche bridge.
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Discussion of Comments and Changes
Four letters were received with regard
to the NPRM. The Gulf Intracoastal
Canal Association objected to the
proposed changes. Blessey Marine
objected to the proposed changes.
American Commercial Barge Lines
objected to the proposed changes. The
Greater Lafourche Port Commission
(GLPC) provided comments regarding
their authority to regulate commerce
and traffic in the Tenth Ward of
Lafourche Parish and sought the right to
discuss this serious matter at its
committee and board meetings and
possibly comment on the proposed
revisions. The GLPC held its meeting
and did not submit any additional
comments.
The Coast Guard contacted the three
entities that objected to the proposed
changes and provided additional
information with regard to the location
of the bridges so that their objections
and concerns have been relieved. Based
upon these comments and subsequent
discussions with the objectors, no
changes were made to the proposed
regulation.
Regulatory Evaluation
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. It is not ‘‘significant’’ under the
regulatory policies and procedures of
the Department of Homeland Security
(DHS).
This rule allows vessels ample
opportunity to transit this waterway
with proper notification before and after
the peak vehicular traffic periods.
According to the vehicle traffic surveys,
the public at large is better served by the
additional closure times.
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 would not
have a significant economic impact on
a substantial number of small entities.
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Federal Register / Vol. 70, No. 248 / Wednesday, December 28, 2005 / Rules and Regulations
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
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the Eighth
Coast Guard District Bridge
Administration Branch at the address
above. The Coast Guard will not
retaliate against any individual or entity
that questions or complains about this
rule or any policy or action of the Coast
Guard.
Collection of Information
This 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 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 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.
rwilkins on PROD1PC63 with RULES
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.
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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 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 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 rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Commandant Instruction M16475.1D,
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76691
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 there are no factors
in this case that would limit the use of
a categorical exclusion under section
2.B.2 of the Instruction. Therefore, this
rule is categorically excluded, under
figure 2–1, paragraph (32)(e), of the
Instruction, from further environmental
documentation. Paragraph (32)(e)
excludes the promulgation of operating
regulations or procedures for
drawbridges from the environmental
documentation requirements of NEPA.
Since this rule will alter the normal
operating conditions of the drawbridge,
it falls within this exclusion.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 117 as follows:
I
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
I
Authority: 33 U.S.C. 499; Department of
Homeland Security Delegation No. 0170.1; 33
CFR 1.05–1(g); section 117.255 also issued
under the authority of Pub. L. 102–587, 106
Stat. 5039.
2. § 117.465(a) is revised to read as
follows:
I
§ 117.465
Lafourche Bayou.
The draws of the following bridges
shall open on signal; except that, from
August 15 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 a.m.; from 2
p.m. to 4 p.m.; and from 4:30 p.m. to
5:30 p.m.:
(1) SR 308 (Golden Meadow) Bridge,
mile 23.9, at Golden Meadow
(2) Galliano Pontoon Bridge, mile
27.8, at Galliano
(3) SR 308 (South Lafourche (Tarpon))
Bridge, mile 30.6, at Galliano
(4) Cote Blanche Pontoon Bridge, mile
33.9, at Cutoff
(5) Cutoff Vertical Lift Bridge, mile
36.3, at Cutoff
(6) SR 310 (Larose Pontoon) Bridge,
mile 39.1, at Larose
*
*
*
*
*
Dated: December 20, 2005.
R.F. Duncan,
Rear Admiral, U.S. Coast Guard, Commander,
Eighth Coast Guard District.
[FR Doc. 05–24539 Filed 12–27–05; 8:45 am]
BILLING CODE 4910–15–P
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]]>Agencies
[Federal Register Volume 70, Number 248 (Wednesday, December 28, 2005)]
[Rules and Regulations]
[Pages 76689-76691]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-24539]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD08-05-049]
RIN 1625-AA09
Drawbridge Operation Regulation; Bayou Lafourche, LA
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is changing the regulations governing six
bridges across Bayou Lafourche, south of the Gulf Intracoastal
Waterway, in Lafourche Parish, Louisiana. The Lafourche Parish Council
has requested that the bridges remain closed to navigation at various
times on weekdays during the school year. These closures will
facilitate the safe, efficient movement of staff, students and other
residents within the parish.
DATES: This rule is effective January 27, 2006.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket [CGD08-05-049], which has incorporated docket [USCG-
2005-22363] into the original docket, and are available for inspection
or copying at the office of the Eighth Coast Guard District, Bridge
Administration Branch, 500 Poydras Street, New Orleans, Louisiana
70130-3310, between 7 a.m. and 3 p.m., Monday through Friday, except
Federal holidays. The Bridge Administration Branch maintains the public
docket for this rulemaking.
FOR FURTHER INFORMATION CONTACT: David Frank, Bridge Administration
Branch, telephone 504-589-2965.
SUPPLEMENTARY INFORMATION:
Regulatory History
On September 2, 2005, we published a notice of proposed rulemaking
(NPRM) entitled, ``Drawbridge Operation Regulation; Lafourche Bayou,
Lafourche Parish, LA,'' in the Federal Register (70 FR 52340). Due to
the passage of Hurricane Katrina, the Coast Guard issued a second
notice of proposed rulemaking indicating that comments should be sent
to a new location due to the temporary closure of the Bridge
Administration Office in New Orleans. On September 8, 2005, we
published the second notice of proposed rulemaking (NPRM) entitled,
``Drawbridge Operation Regulation; Lafourche Bayou, Lafourche Parish,
LA,'' in the Federal Register (70 FR 53328). We received four letters
commenting on the proposed rule. No public meeting was requested, and
none was held.
Background and Purpose
The U.S. Coast Guard, at the request of the Lafourche Parish
Council, proposes to modify the existing operating schedules of six
bridges across Bayou Lafourche south of the Gulf Intracoastal Waterway
in Lafourche Parish, Louisiana. The six bridges include: Golden Meadow
Vertical Lift Bridge, mile 23.9; the Galliano Pontoon Bridge, mile
27.8; the South Lafourche (Tarpon) Vertical Lift Bridge, mile 30.6; the
Cote Blanche Pontoon Bridge, mile 33.9; the Cutoff Vertical Lift
Bridge, mile 36.3; and the Larose Pontoon Bridge, mile 39.1. The
modification of the existing regulations will allow these bridges to
remain closed to navigation from 7 a.m. to 8 a.m.; from 2 p.m. to 4
p.m.; and from 4:30 p.m. to 5:30 p.m., Monday through Friday from
August 15 through May 31. At all other times, the bridges would open on
signal for the passage of vessels.
Presently, only two of these bridges have special operation
regulations in place. The Galliano/South Lafourche (Tarpon) Vertical
Lift Bridge, mile 30.6, and the Cote Blanche Pontoon Bridge, mile 33.9,
open on signal; except that, from 2:30 p.m. to 3:30 p.m. and from 4:30
p.m. to 5:30 p.m. Monday through Friday except Federal holidays, the
draws need not open for the passage of vessels. The other four bridges
open on signal for the passage of vessels.
Traffic counts and vessel openings vary among the six bridges. The
Louisiana Department of Transportation and Development provided
information on vessel openings and traffic counts for the Larose
Pontoon Bridge, mile 39.1; the Galliano/South Lafourche (Tarpon)
[[Page 76690]]
Vertical Lift Bridge, mile 30.6; and the Golden Meadow Vertical Lift
Bridge, mile 23.9. The Lafourche Parish Council provided information on
vessel openings and traffic counts for the Cutoff Vertical Lift Bridge,
mile 36.3; the Cote Blanche Pontoon Bridge, mile 33.9; and the Galliano
Pontoon Bridge, mile 27.8.
The Larose Pontoon Bridge, mile 39.1, is the first bridge south of
the Gulf Intracoastal Waterway intersection. This bridge is located
just south of a flood control structure that has a horizontal clearance
of 56 feet and a depth over the sill of 10 feet. The bridge opens an
average of 410 times a month for vessels. Based upon the request,
approximately 18% of the vessels would be affected by the proposed
closures. Traffic counts indicate that 9000 vehicles cross the bridge
daily and approximately 23% of those vehicles cross during the
requested closure times. Vessel openings of the bridge delay vehicular
traffic nine minutes per opening, delaying 20 vehicles per opening. The
Larose Pontoon Bridge is presently scheduled for replacement. The new
bridge will be a vertical lift bridge and it will be located 0.4 miles
downstream from its present location. Once the new bridge is
constructed, the old bridge will be removed. The special operating
regulation for the old bridge, if approved, may not be transferred to
the new bridge and a new request for a special operation regulation
must be made for the new bridge.
The Cutoff Vertical Lift Bridge, mile 36.3 is the next bridge
downstream from the Larose Pontoon Bridge. The bridge opens an average
of 419 times a month for vessels. Based upon the request, approximately
23% of the vessels would be affected by the proposed closures. Traffic
counts indicate that 7180 vehicles cross the bridge daily and
approximately 33% of those vehicles cross during the requested closure
times. Vessel openings of the bridge delay vehicular traffic five
minutes per opening, delaying 80 vehicles per opening.
The Cote Blanche Pontoon Bridge, mile 33.9 is the next bridge
downstream from the Cutoff Vertical Lift Bridge. The bridge opens an
average of 441 times a month for vessels. Based upon the request,
approximately 23% of the vessels would be affected by the proposed
closures. Traffic counts indicate that 7180 vehicles cross the bridge
daily and approximately 33% of those vehicles cross during the
requested closure times. Vessel openings of the bridge delay vehicular
traffic five minutes per opening, delaying 54 vehicles per opening.
The Galliano/South Lafourche (Tarpon) Vertical Lift Bridge, mile
30.6 is the next bridge downstream from the Cote Blanche Pontoon
Bridge. The bridge opens an average of 430 times a month for vessels.
Based upon the request, approximately 20% of the vessels would be
affected by the proposed closures. Traffic counts indicate that 8000
vehicles cross the bridge daily and approximately 28% of those vehicles
cross during the requested closure times. Vessel openings of the bridge
delay vehicular traffic six minutes per opening, delaying 43 vehicles
per opening.
The Galliano Pontoon Bridge, mile 27.8 is the next bridge
downstream from the Galliano/South Lafourche (Tarpon) Vertical Lift
Bridge. The bridge opens an average of 580 times a month for vessels.
Based upon the request, approximately 23% of the vessels would be
affected by the proposed closures. Traffic counts indicate that 5040
vehicles cross the bridge daily and approximately 34% of those vehicles
cross during the requested closure times. Vessel openings of the bridge
delay vehicular traffic five minutes per opening, delaying 60 vehicles
per opening.
The Golden Meadow Vertical Lift Bridge, mile 23.9 is the next
bridge downstream from the Galliano Pontoon Bridge. The bridge opens an
average of 610 times a month for vessels. Based upon the request,
approximately 30% of the vessels would be affected by the proposed
closures. Traffic counts indicate that 2400 vehicles cross the bridge
daily and approximately 30% of those vehicles cross during the
requested closure times. Vessel openings of the bridge delay vehicular
traffic six minutes per opening, delaying 16 vehicles per opening.
Navigation at the site of the bridge consists primarily of
commercial and recreational fishing vessels, crew boats, and some
tugboats with barges. Alternate routes are not readily accessible.
The existing regulations on the Galliano/South Lafourche (Tarpon)
Vertical Lift Bridge, mile 30.6 and the Cote Blanche Pontoon Bridge,
mile 33.9, were established on September 20, 1995. Since the
establishment of these special operation regulations, the Coast Guard
has not received any formal complaints regarding the operation of the
bridges. It has been approximately ten years since the last formal
request to change the operating regulations of the Cote Blanche bridge
and the Galliano/South Lafourche bridge.
Discussion of Comments and Changes
Four letters were received with regard to the NPRM. The Gulf
Intracoastal Canal Association objected to the proposed changes.
Blessey Marine objected to the proposed changes. American Commercial
Barge Lines objected to the proposed changes. The Greater Lafourche
Port Commission (GLPC) provided comments regarding their authority to
regulate commerce and traffic in the Tenth Ward of Lafourche Parish and
sought the right to discuss this serious matter at its committee and
board meetings and possibly comment on the proposed revisions. The GLPC
held its meeting and did not submit any additional comments.
The Coast Guard contacted the three entities that objected to the
proposed changes and provided additional information with regard to the
location of the bridges so that their objections and concerns have been
relieved. Based upon these comments and subsequent discussions with the
objectors, no changes were made to the proposed regulation.
Regulatory Evaluation
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. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS).
This rule allows vessels ample opportunity to transit this waterway
with proper notification before and after the peak vehicular traffic
periods. According to the vehicle traffic surveys, the public at large
is better served by the additional closure times.
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
would not have a significant economic impact on a substantial number of
small entities.
[[Page 76691]]
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
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact the Eighth Coast Guard District
Bridge Administration Branch at the address above. The Coast Guard will
not retaliate against any individual or entity that questions or
complains about this rule or any policy or action of the Coast Guard.
Collection of Information
This 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 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 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 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 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 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 rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.1D,
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 there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (32)(e), of the Instruction, from further
environmental documentation. Paragraph (32)(e) excludes the
promulgation of operating regulations or procedures for drawbridges
from the environmental documentation requirements of NEPA. Since this
rule will alter the normal operating conditions of the drawbridge, it
falls within this exclusion.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
0
For the reasons discussed in the preamble, the Coast Guard proposes to
amend 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; Department of Homeland Security
Delegation No. 0170.1; 33 CFR 1.05-1(g); section 117.255 also issued
under the authority of Pub. L. 102-587, 106 Stat. 5039.
0
2. Sec. 117.465(a) is revised to read as follows:
Sec. 117.465 Lafourche Bayou.
The draws of the following bridges shall open on signal; except
that, from August 15 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 a.m.; from 2 p.m. to 4 p.m.; and from 4:30 p.m. to 5:30 p.m.:
(1) SR 308 (Golden Meadow) Bridge, mile 23.9, at Golden Meadow
(2) Galliano Pontoon Bridge, mile 27.8, at Galliano
(3) SR 308 (South Lafourche (Tarpon)) Bridge, mile 30.6, at
Galliano
(4) Cote Blanche Pontoon Bridge, mile 33.9, at Cutoff
(5) Cutoff Vertical Lift Bridge, mile 36.3, at Cutoff
(6) SR 310 (Larose Pontoon) Bridge, mile 39.1, at Larose
* * * * *
Dated: December 20, 2005.
R.F. Duncan,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 05-24539 Filed 12-27-05; 8:45 am]
BILLING CODE 4910-15-P
