Drawbridge Operation Regulation; Liberty Bayou, Slidell, LA, 12884-12886 [E8-4816]

Download as PDF 12884 Federal Register / Vol. 73, No. 48 / Tuesday, March 11, 2008 / Rules and Regulations FIREWORKS DISPLAY TABLE * * Connecticut: 7.37 ............................ * * * * * July 4th .......................................... Name: Middletown Fireworks. Sponsor: City of Middletown. Time: 8 p.m. to 10 p.m. Location: Connecticut River, Middletown Harbor, Middletown, CT. 1°33′47.5″ N, 072°38′39.6″ W (NAD 1983). * * Connecticut: 9.5 .......................... * * * * * A night during the weekend fol- Name: Taste of Italy Fireworks. Sponsor: Italian Heritage lowing Labor Day. CommitteeTime: 8 p.m. to 10 p.m. Location: Norwich Harbor, off Norwich Marina, Norwich, CT. 41°31′20.9″ N, 072°04′45.9″ W (NAD 1983). * * * * * * * * Dated: February 28, 2008. T.S. Sullivan, Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District. [FR Doc. E8–4830 Filed 3–10–08; 8:45 am] BILLING CODE 4910–15–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2007–0078] RIN 1625–AA09 Drawbridge Operation Regulation; Liberty Bayou, Slidell, LA Coast Guard, DHS. Final rule. AGENCY: yshivers on PROD1PC62 with RULES ACTION: SUMMARY: The Coast Guard is changing the regulation governing the operation of the State Route 433 (S433) Bridge across Liberty Bayou, mile 2.0, at Slidell, St. Tammany Parish, Louisiana and cancelling the test deviation presently in effect for this bridge. This change is being made in order to reduce the hours of manned operation of the bridge to make more efficient use of personnel and operating resources. DATES: This rule is effective April 10, 2008. The test deviation, USCG–2007– 0081, published on November 15, 2007, under docket number CGD08–07–032, (72 FR 64152) is cancelled as of April 10, 2008. ADDRESSES: Comments and related materials received from the public, as well as documents indicated in this preamble as being available in the docket, are part of docket USCG–2007– 0078, previously published under docket number CGD08–06–010. The docket is available at https:// www.regulations.gov. This material is also available for inspection of copying VerDate Aug<31>2005 15:22 Mar 10, 2008 Jkt 214001 * * at two locations: 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 and the office of the Commander, Eighth Coast Guard District, Bridge Administration Branch, 500 Poydras Street, Room 1313, New Orleans, LA 70130–3310 between 7 a.m. and 3 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Phil Johnson, Bridge Administration Branch, telephone (504) 671–2128. If you have questions on viewing or submitting material to the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: Regulatory Information On November 15, 2007, we published a supplemental notice of proposed rulemaking (SNPRM) entitled ‘‘Drawbridge Operation Regulations; Liberty Bayou, Slidell, LA’’ in the Federal Register, (72 FR 64177), USCG– 2007–0078, previously published under docket number CGD08–06–010. No public meeting was requested, and none was held. Concurrent with the publication of the SNPRM, a Test Deviation, USCG– 2007–0081, old docket number CGD08– 07–032, was published on November 15, 2007 entitled, ‘‘Drawbridge Operation Regulations; Liberty Bayou, Slidell, LA’’ in the Federal Register, (72 FR 64152) to allow the Louisiana Department of Transportation and Development to test the proposed schedule and to obtain data and public comments. The Coast Guard received no public comments from this SNPRM or the above referenced Test Deviation. This deviation is being cancelled upon this final rule going into effect because there have been no comments or complaints, and the new operating schedule will be PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 * * permanent upon cancellation. This deviation from the operating regulations was authorized under 33 CFR 117.35. Background and Purpose On May 4, 2006, The Coast Guard published a Notice of Proposed Rulemaking in the Federal Register (86 FR 26290), under docket number CGD08–06–010. The proposed rule would have changed the notice required for an opening from 12 hours to 4 hours. The Coast Guard did not receive any comments as a result of the Notice of Proposed Rulemaking, but a final rule was not published. Subsequently, the bridge owner requested that the operating regulation for the bridge again be revised so that the bridge will open on signal, except that from 7 p.m. to 7 a.m., the bridge will open on signal if at least 2 hours notice is given. The Louisiana Department of Transportation and Development has requested that the operating regulation of the S433 pontoon span bridge be changed in order to make more efficient use of operating resources. Currently, the draw of the S433 Bridge opens on signal except that from 9 p.m. to 5 a.m. the draw will open on signal if at least 12 hours notice is given, as required by 33 CFR 117.469. Traffic counts indicate that an average of 6000 vehicles cross the bridge daily and approximately 1025, or 17.1% of those, cross between the hours of 7 p.m. and 7 a.m. Bridge tender logs for a threemonth period show that the bridge opened 540 times, or an average of 6 times per day, to pass vessels. Of those vessel openings during the three-month period, 56, or 10.2% of them, were between the hours of 7 p.m. and 7 a.m. Most of the boats requesting openings are recreational fishing vessels, recreational powerboats and sailboats that routinely transit this waterway and are able to give advance notice. On November 24, 2006 a Coast Guard Bridge Permit was issued approving the construction of a new swing span bridge E:\FR\FM\11MRR1.SGM 11MRR1 Federal Register / Vol. 73, No. 48 / Tuesday, March 11, 2008 / Rules and Regulations to be constructed to replace the existing pontoon span bridge. Upon completion of construction, the new bridge will provide a vertical clearance of 7.59 feet above the 2% flow line. While this vertical clearance will accommodate many small recreational boats, larger vessels will still require an opening of the draw for passage. The schedule, placed into effect by this final rule, will be carried over to this new bridge. Discussion of Comments and Changes The Coast Guard did not receive any comments or responses to the SNPRM or the test deviation. 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. We expect the economic impact of this rule to be so minimal that a full Regulatory Evaluation is unnecessary. This conclusion is based on the fact that all vessel traffic will still be able to transit through the bridge between 7 p.m. and 7 a.m. after providing the twohour advance notice for bridge openings. yshivers on PROD1PC62 with RULES 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 a substantial number of small entities. This rule will not significantly impact any small entities because they are able to give notice prior to transiting through this bridge and most vessel operators that require an opening are currently providing advance notice. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), 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 VerDate Aug<31>2005 15:22 Mar 10, 2008 Jkt 214001 process. The Coast Guard provided contact information, so that small entities could ask questions concerning this rule. No small entities contacted the Coast Guard. 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 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 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 12885 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 rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. E:\FR\FM\11MRR1.SGM 11MRR1 12886 Federal Register / Vol. 73, No. 48 / Tuesday, March 11, 2008 / Rules and Regulations Environment We have analyzed this rule under 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 there are no factors in this case that would limit the use of a categorical exclusion under section 2.B.2 of the Instruction because this rule involves drawbridge regulations. Therefore, this rule is categorically excluded, under figure 2–1, paragraph (32)(e) of the Instruction, from further environmental documentation. List of Subjects in 33 CFR Part 117 Bridges. Words of Issuance and Regulatory Text For the reasons discussed in the preamble, the Coast Guard amends 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; 33 CFR 1.05–1; Department of Homeland Security Delegation No. 0170.1. 2. § 117.469 is revised to read as follows: I § 117.469 Liberty Bayou. The draw of the S433 Bridge, mile 2.0, at Slidell, shall open on signal, except that between 7 p.m. to 7 a.m., the draw shall open on signal if at least two hours notice is given. Dated: February 27, 2008. Joel R. Whitehead, Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District. [FR Doc. E8–4816 Filed 3–10–08; 8:45 am] BILLING CODE 4910–15–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [USCG–2008–0116] yshivers on PROD1PC62 with RULES Drawbridge Operation Regulations; Atlantic Intracoastal Waterway (AIWW), at Scotts Hill, NC Coast Guard, DHS. Notice of temporary deviation from regulations. AGENCY: ACTION: SUMMARY: The Commander, Fifth Coast Guard District, has issued a temporary VerDate Aug<31>2005 15:22 Mar 10, 2008 Jkt 214001 deviation from the regulation governing the operation of the Figure Eight Swing Bridge, at AIWW mile 278.1, at Scotts Hill, NC. From February 29, 2008 at 6 p.m. until March 11, 2008 at 5:30 p.m., this deviation is necessary to complete sandblasting and painting operations along with mechanical repairs. The drawbridge will remain closed-tonavigation each day from 6 p.m. to 9:30 a.m., from 10 a.m. to 1:30 p.m., and from 2 p.m. to 5:30 p.m. DATES: This deviation is effective from 6 p.m. on February 29, 2008 to 5:30 p.m. on March 11, 2008. ADDRESSES: Materials referred to in this document are available for inspection or copying at Commander (dpb), Fifth Coast Guard District, Federal Building, 1st Floor, 431 Crawford Street, Portsmouth, VA 23704–5004 between 8 a.m. and 4 p.m., Monday through Friday, except Federal holidays. The telephone number is (757) 398–6222. Commander (dpb), Fifth Coast Guard District maintains the public docket for this temporary deviation. FOR FURTHER INFORMATION CONTACT: Gary S. Heyer, Bridge Management Specialist, Fifth Coast Guard District, at (757) 398– 6629. SUPPLEMENTARY INFORMATION: The Figure Eight Swing Bridge has a vertical clearance in the closed position to vessels of 20 feet, above mean high water (MHW). Also, the vertical clearance in this location is limited to 85 feet, above MHW, by the overhead power line. On December 27, 2007, we published a notice of temporary deviation from regulations entitled ‘‘Drawbridge Operation Regulations; Atlantic Intracoastal Waterway (AIWW), at Scotts Hill, NC’’ in the Federal Register (72 FR 56013). Contractors, on behalf of the Figure Eight Homeowners Association (the bridge owner), requested an additional temporary deviation from the current operating regulations set out in 33 CFR 117.821(a)(3) to close the drawbridge to navigation in order to complete sandblasting, cleaning and painting of the bridge superstructure along with mechanical repairs. To complete this operation, the Figure Eight Swing Bridge will be further maintained in the closed-to-navigation position each day from February 29, 2008, until March 11, 2008, from 6 p.m. to 9:30 a.m., from 10 a.m. to 1:30 p.m., and from 2 p.m. to 5:30 p.m. Commercial vessel openings will be provided from the 6 p.m. to 9:30 a.m. work-block if at least three hours notice is given by calling (910) 686–0635 or via marine radio on Channel 13. At all other PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 times, the drawbridge will operate in accordance with 33 CFR 117.821(a)(3). The Coast Guard will inform the users of the waterway through our Local and Broadcast Notices to Mariners of the closure period for the bridge so that vessels can arrange their transits to minimize any impact caused by the temporary deviation. In accordance with 33 CFR 117.35(e), the drawbridge must return to its regular operating schedule immediately at the end of the designated time period. This deviation from the operating regulations is authorized under 33 CFR 117.35. We analyzed this temporary deviation under Commandant Instruction M16475.lD and Department of Homeland Security Management Directive 5100.1, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321–4370f). The environmental impact of this temporary deviation will be minimal because closing the drawbridge to vessels in order to perform routine repair and maintenance will not result in a change in functional use, or an impact on a historically significant element or setting. Dated: February 25, 2008. Waverly W. Gregory, Jr., Chief, Bridge Administration Branch, Fifth Coast Guard District. [FR Doc. E8–4812 Filed 3–10–08; 8:45 am] BILLING CODE 4910–15–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2007–0079] RIN 1625–AA09 Drawbridge Operation Regulation; Tchefuncta River, Madisonville, LA Coast Guard, DHS. Final rule. AGENCY: ACTION: SUMMARY: The Coast Guard is changing the regulation governing the operation of the State Route 22 (S22) Bridge across the Tchefuncta River, mile 2.5, at Madisonville, St. Tammany Parish, Louisiana and cancelling the test deviation presently in effect for this bridge. This change is being made in order to enhance the flow of vehicles across the bridge during peak traffic hours. DATES: This rule is effective April 10, 2008. The test deviation, docket number USCG–2007–0082, old docket number E:\FR\FM\11MRR1.SGM 11MRR1

Agencies

[Federal Register Volume 73, Number 48 (Tuesday, March 11, 2008)]
[Rules and Regulations]
[Pages 12884-12886]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-4816]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2007-0078]
RIN 1625-AA09


Drawbridge Operation Regulation; Liberty Bayou, Slidell, LA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is changing the regulation governing the 
operation of the State Route 433 (S433) Bridge across Liberty Bayou, 
mile 2.0, at Slidell, St. Tammany Parish, Louisiana and cancelling the 
test deviation presently in effect for this bridge. This change is 
being made in order to reduce the hours of manned operation of the 
bridge to make more efficient use of personnel and operating resources.

DATES: This rule is effective April 10, 2008. The test deviation, USCG-
2007-0081, published on November 15, 2007, under docket number CGD08-
07-032, (72 FR 64152) is cancelled as of April 10, 2008.

ADDRESSES: Comments and related materials received from the public, as 
well as documents indicated in this preamble as being available in the 
docket, are part of docket USCG-2007-0078, previously published under 
docket number CGD08-06-010. The docket is available at https://
www.regulations.gov. This material is also available for inspection of 
copying at two locations: 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 and the office of 
the Commander, Eighth Coast Guard District, Bridge Administration 
Branch, 500 Poydras Street, Room 1313, New Orleans, LA 70130-3310 
between 7 a.m. and 3 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Phil Johnson, Bridge Administration 
Branch, telephone (504) 671-2128. If you have questions on viewing or 
submitting material to the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On November 15, 2007, we published a supplemental notice of 
proposed rulemaking (SNPRM) entitled ``Drawbridge Operation 
Regulations; Liberty Bayou, Slidell, LA'' in the Federal Register, (72 
FR 64177), USCG-2007-0078, previously published under docket number 
CGD08-06-010. No public meeting was requested, and none was held.
    Concurrent with the publication of the SNPRM, a Test Deviation, 
USCG-2007-0081, old docket number CGD08-07-032, was published on 
November 15, 2007 entitled, ``Drawbridge Operation Regulations; Liberty 
Bayou, Slidell, LA'' in the Federal Register, (72 FR 64152) to allow 
the Louisiana Department of Transportation and Development to test the 
proposed schedule and to obtain data and public comments. The Coast 
Guard received no public comments from this SNPRM or the above 
referenced Test Deviation. This deviation is being cancelled upon this 
final rule going into effect because there have been no comments or 
complaints, and the new operating schedule will be permanent upon 
cancellation. This deviation from the operating regulations was 
authorized under 33 CFR 117.35.

Background and Purpose

    On May 4, 2006, The Coast Guard published a Notice of Proposed 
Rulemaking in the Federal Register (86 FR 26290), under docket number 
CGD08-06-010. The proposed rule would have changed the notice required 
for an opening from 12 hours to 4 hours. The Coast Guard did not 
receive any comments as a result of the Notice of Proposed Rulemaking, 
but a final rule was not published. Subsequently, the bridge owner 
requested that the operating regulation for the bridge again be revised 
so that the bridge will open on signal, except that from 7 p.m. to 7 
a.m., the bridge will open on signal if at least 2 hours notice is 
given.
    The Louisiana Department of Transportation and Development has 
requested that the operating regulation of the S433 pontoon span bridge 
be changed in order to make more efficient use of operating resources. 
Currently, the draw of the S433 Bridge opens on signal except that from 
9 p.m. to 5 a.m. the draw will open on signal if at least 12 hours 
notice is given, as required by 33 CFR 117.469.
    Traffic counts indicate that an average of 6000 vehicles cross the 
bridge daily and approximately 1025, or 17.1% of those, cross between 
the hours of 7 p.m. and 7 a.m. Bridge tender logs for a three-month 
period show that the bridge opened 540 times, or an average of 6 times 
per day, to pass vessels. Of those vessel openings during the three-
month period, 56, or 10.2% of them, were between the hours of 7 p.m. 
and 7 a.m. Most of the boats requesting openings are recreational 
fishing vessels, recreational powerboats and sailboats that routinely 
transit this waterway and are able to give advance notice.
    On November 24, 2006 a Coast Guard Bridge Permit was issued 
approving the construction of a new swing span bridge

[[Page 12885]]

to be constructed to replace the existing pontoon span bridge. Upon 
completion of construction, the new bridge will provide a vertical 
clearance of 7.59 feet above the 2% flow line. While this vertical 
clearance will accommodate many small recreational boats, larger 
vessels will still require an opening of the draw for passage. The 
schedule, placed into effect by this final rule, will be carried over 
to this new bridge.

Discussion of Comments and Changes

    The Coast Guard did not receive any comments or responses to the 
SNPRM or the test deviation.

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.
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation is unnecessary. This conclusion is based on 
the fact that all vessel traffic will still be able to transit through 
the bridge between 7 p.m. and 7 a.m. after providing the two-hour 
advance notice for bridge openings.

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 a substantial number of small 
entities. This rule will not significantly impact any small entities 
because they are able to give notice prior to transiting through this 
bridge and most vessel operators that require an opening are currently 
providing advance notice.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), 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. The 
Coast Guard provided contact information, so that small entities could 
ask questions concerning this rule. No small entities contacted the 
Coast Guard.
    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 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 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.

[[Page 12886]]

Environment

    We have analyzed this rule under 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 there are no factors in this case that would limit the 
use of a categorical exclusion under section 2.B.2 of the Instruction 
because this rule involves drawbridge regulations. Therefore, this rule 
is categorically excluded, under figure 2-1, paragraph (32)(e) of the 
Instruction, from further environmental documentation.

List of Subjects in 33 CFR Part 117

    Bridges.

Words of Issuance and Regulatory Text

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. Sec.  117.469 is revised to read as follows:


Sec.  117.469  Liberty Bayou.

    The draw of the S433 Bridge, mile 2.0, at Slidell, shall open on 
signal, except that between 7 p.m. to 7 a.m., the draw shall open on 
signal if at least two hours notice is given.

    Dated: February 27, 2008.
Joel R. Whitehead,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. E8-4816 Filed 3-10-08; 8:45 am]
BILLING CODE 4910-15-P

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