Drawbridge Operation Regulation; LaLoutre Bayou, Yscloskey, LA, 35985-35987 [E8-14367]
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Federal Register / Vol. 73, No. 123 / Wednesday, June 25, 2008 / Proposed Rules
Warden. We make this revision to
expedite decision-making by qualified
staff, as needed to ensure the safety,
security, and good order of the
institution and the protection of the
public.
Executive Order 12866. This
regulation has been drafted and
reviewed in accordance with Executive
Order 12866, ‘‘Regulatory Planning and
Review’’ section 1(b), Principles of
Regulation. This regulation has been
determined to be a ‘‘significant
regulatory action’’ under Executive
Order 12866, section 3(f), Regulatory
Planning and Review, and accordingly
this rule has been reviewed by the
Office of Management and Budget.
Executive Order 13132. This
regulation will not have substantial
direct effects on the States, on the
relationship between the national
government and the States, or on
distribution of power and
responsibilities among the various
levels of government. Therefore, under
Executive Order 13132, we determine
that this regulation does not have
sufficient federalism implications to
warrant the preparation of a Federalism
Assessment.
Regulatory Flexibility Act. The
Director of the Bureau of Prisons, under
the Regulatory Flexibility Act (5 U.S.C.
605(b)), reviewed this regulation and by
approving it certifies that it will not
have a significant economic impact
upon a substantial number of small
entities for the following reasons: This
regulation pertains to the correctional
management of offenders committed to
the custody of the Attorney General or
the Director of the Bureau of Prisons,
and its economic impact is limited to
the Bureau’s appropriated funds.
Unfunded Mandates Reform Act of
1995. This regulation will not result in
the expenditure by State, local and
tribal governments, in the aggregate, or
by the private sector, of $100,000,000 or
more in any one year, and it will not
significantly or uniquely affect small
governments. Therefore, no actions were
deemed necessary under the provisions
of the Unfunded Mandates Reform Act
of 1995.
Small Business Regulatory
Enforcement Fairness Act of 1996. This
regulation is not a major rule as defined
by § 804 of the Small Business
Regulatory Enforcement Fairness Act of
1996. This regulation will not result in
an annual effect on the economy of
$100,000,000 or more; a major increase
in costs or prices; or significant adverse
effects on competition, employment,
investment, productivity, innovation, or
on the ability of United States-based
companies to compete with foreign-
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based companies in domestic and
export markets.
35985
Under rulemaking authority vested in
the Attorney General in 5 U.S.C 301; 28
U.S.C. 509, 510 and delegated to the
Director, Bureau of Prisons in 28 CFR
0.96, we propose to amend 28 CFR part
552 as follows.
SUMMARY: The Coast Guard proposes to
change the regulation governing the
operation of the State Route 46 (LA 46)
Bridge across LaLoutre Bayou, mile
22.9, at Yscloskey, St. Bernard Parish,
Louisiana. Due to Hurricane Katrina, the
Louisiana Department of Transportation
and Development (LDOTD) has
experienced a shortage of bridge tender
personnel in the area where the bridge
is located. This proposed rule change
allows for more efficient use of
personnel by requiring a two hour
notice for night time openings.
Subchapter C—Institutional Management
DATES:
List of Subjects in 28 CFR Part 552
Prisoners.
Harley G. Lappin,
Director, Bureau of Prisons.
PART 552—CUSTODY
1. The authority citation for 28 CFR
part 552 continues to read as follows:
Authority: 5 U.S.C. 301; 18 U.S.C. 3621,
3622, 3624, 4001, 4042, 4081, 4082 (Repealed
in part as to offenses committed on or after
November 1, 1987), 5006–5024 (Repealed
October 12, 1984 as to offenses committed
after that date), 5039; 28 U.S.C. 509, 510; 28
CFR 0.95–0.99.
2. Revise § 552.25 to read as follows:
§ 552.25 Use of chemical agents or nonlethal weapons.
(a) The Warden may authorize the use
of chemical agents or non-lethal
weapons only when the situation is
such that the inmate:
(1) Is armed and/or barricaded; or
(2) Cannot be approached without
danger to self or others; and
(3) It is determined that a delay in
bringing the situation under control
would constitute a serious hazard to the
inmate or others, or would result in a
major disturbance or serious property
damage.
(b) The Warden may delegate the
authority under this regulation to the
senior facility supervisor on duty and
physically present, but not below the
position of Lieutenant.
[FR Doc. E8–14363 Filed 6–24–08; 8:45 am]
BILLING CODE 4410–05–P
Comments and related material
must reach the Coast Guard on or before
August 25, 2008.
You may submit comments
identified by Coast Guard docket
number USCG–2008–0478 to the Docket
Management Facility at the U.S.
Department of Transportation. To avoid
duplication, please use only one of the
following methods:
(1) Online: https://
www.regulations.gov.
(2) 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.
(3) Hand delivery: Room W12–140 on
the Ground Floor of the West Building,
1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. The telephone
number is 202–366–9329.
(4) Fax: 202–493–2251.
ADDRESSES:
If
you have questions on this proposed
rule, call Kay Wade, 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.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
DEPARTMENT OF HOMELAND
SECURITY
Public Participation and Request for
Comments
Coast Guard
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted,
without change, to https://
www.regulations.gov and will include
any personal information you have
provided. We have an agreement with
the Department of Transportation (DOT)
to use the Docket Management Facility.
Please see DOT’s ‘‘Privacy Act’’
paragraph below.
33 CFR Part 117
[Docket No. USCG–2008–0478]
RIN 1625–AA09
Drawbridge Operation Regulation;
LaLoutre Bayou, Yscloskey, LA
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
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Federal Register / Vol. 73, No. 123 / Wednesday, June 25, 2008 / Proposed Rules
Submitting Comments
Public Meeting
Regulatory Analyses
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2008–0478),
indicate the specific section of this
document to which each comment
applies, and give the reason for each
comment. We recommend that you
include your name and a mailing
address, an e-mail address, or a phone
number in the body of your document
so that we can contact you if we have
questions regarding your submission.
You may submit your comments and
material by electronic means, mail, fax,
or delivery to the Docket Management
Facility at the address under ADDRESSES;
but please submit your comments and
material by only one means. If you
submit them by mail or 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. We may
change this proposed rule in view of
them.
We do not now plan to hold a public
meeting. But you may submit a request
for one to the Docket Management
Facility at the address under ADDRESSES
explaining 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.
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.
Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov at any time.
Enter the docket number for this
rulemaking (USCG–2008–0478) in the
Search box, and click ‘‘Go>>.’’ You may
also visit either the Docket Management
Facility in Room W12–140 on the
ground floor of the DOT West Building,
1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays or the Bridge
Administration Office in Room 1313 of
the Hale Boggs Federal Building, 500
Poydras Street, New Orleans, LA 70130
between 7 a.m. and 3 p.m., Monday
through Friday, except Federal holidays.
mstockstill on PROD1PC66 with PROPOSALS
Privacy Act
Anyone can search the electronic
form of all 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 the
Department of Transportation’s Privacy
Act Statement in the Federal Register
published on April 11, 2000 (65 FR
19477), or you may visit https://
DocketsInfo.dot.gov.
VerDate Aug<31>2005
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Jkt 214001
Background and Purpose
Due to a personnel shortage, the
bridge owner, LDOTD, has requested a
change in the operating regulation of the
LA 46 vertical lift span bridge across
LaLoutre Bayou, mile 22.9 at Yscloskey,
St. Bernard Parish, Louisiana, in order
to make more efficient use of operating
resources. The bridge has a horizontal
clearance of 45 feet. It has a vertical
clearance of 2 feet in the closed position
and 53 feet in the open position. In
accordance with 33 CFR 117.5, the
bridge is required to open on signal for
the passage of marine vessels.
The LA 46 Bridge has been closed to
marine traffic since August 2005, when
it sustained damage during Hurricane
Katrina. The Coast Guard has received
no complaints about the bridge closure.
The bridge has been repaired and will
soon reopen to marine traffic.
Discussion of Proposed Rule
The bridge owner has requested a
change in the operating regulation
which would allow the draw of the LA
46 Bridge to open on signal; except that
from 8 p.m. to 4 a.m., the draw would
open on signal if at least two hours
notice is given. The proposed rule
change to 33 CFR 117.5 would reduce
the hours the bridge must be manned
between 8 p.m. and 4 a.m., making more
efficient use of operating resources. The
LDOTD believes the proposed operating
regulation will accommodate vehicular
traffic and meet the needs of navigation,
while making the best use of available
personnel to operate the bridge.
We have already issued a Test
Deviation to allow the LDOTD to test
the proposed schedule and to obtain
data and public comments. This
document is available in the docket (see
‘‘Viewing comments and documents’’).
The test period will be in effect during
the entire Notice of Proposed
Rulemaking comment period. The Coast
Guard will review the logs of the
drawbridge and evaluate public
comments from the Notice of Proposed
Rulemaking and the above referenced
Temporary Deviation to determine if a
permanent special drawbridge operating
regulation is warranted.
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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, 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 proposed rule to be so minimal that
a full Regulatory Evaluation is
unnecessary.
There has been no waterway passage
of marine vessels at the bridge site since
August 2005. The proposed change will
have little to no impact on the public.
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 proposed rule
would not have a significant economic
impact on a substantial number of small
entities.
Although the change will require 2
hours advance notice for openings
between 8 p.m. and 4 a.m., an alternate
route, via Yscloskey Bayou, to the
Mississippi River Gulf Outlet and Lake
Borgne is available with no additional
transit time. Additionally, most users of
this waterway are able to give notice
prior to transiting through the bridge.
Before the effective period, we will
issue maritime advisories widely
available to users of the waterway.
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.
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Federal Register / Vol. 73, No. 123 / Wednesday, June 25, 2008 / Proposed Rules
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 proposed 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 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 proposed 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 proposed rule will not
result in such an expenditure, we do
discuss the effects of this rule elsewhere
in this preamble.
mstockstill on PROD1PC66 with PROPOSALS
Taking of Private Property
This proposed 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 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.
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Protection of Children
We have analyzed this proposed 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 proposed 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 proposed 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.
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35987
Environment
We have analyzed this proposed rule
under Commandant Instruction
M16475.lD and Department of
Homeland Security Management
Directive 5100.1, 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 not
likely to have a significant effect on 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.
Add new § 117.468 to read as follows:
§ 117.468
LaLoutre Bayou.
The draw of the LA 46 Bridge, mile
22.9, at Yscloskey, shall open on signal;
except that from 8 p.m. to 4 a.m., the
draw shall open on signal if at least two
hours notice is given.
Dated: June 16, 2008.
J. R. Whitehead,
Rear Admiral, U.S. Coast Guard Commander,
Eighth Coast Guard District.
[FR Doc. E8–14367 Filed 6–24–08; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2008–0451]
RIN 1625–AA00
Safety Zone; Citron Energy Drink
Offshore Challenge, Lake St. Clair,
Harrison Township, MI
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
SUMMARY: The Coast Guard proposes
establishing a temporary safety zone on
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]]>Agencies
[Federal Register Volume 73, Number 123 (Wednesday, June 25, 2008)]
[Proposed Rules]
[Pages 35985-35987]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-14367]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2008-0478]
RIN 1625-AA09
Drawbridge Operation Regulation; LaLoutre Bayou, Yscloskey, LA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to change the regulation governing
the operation of the State Route 46 (LA 46) Bridge across LaLoutre
Bayou, mile 22.9, at Yscloskey, St. Bernard Parish, Louisiana. Due to
Hurricane Katrina, the Louisiana Department of Transportation and
Development (LDOTD) has experienced a shortage of bridge tender
personnel in the area where the bridge is located. This proposed rule
change allows for more efficient use of personnel by requiring a two
hour notice for night time openings.
DATES: Comments and related material must reach the Coast Guard on or
before August 25, 2008.
ADDRESSES: You may submit comments identified by Coast Guard docket
number USCG-2008-0478 to the Docket Management Facility at the U.S.
Department of Transportation. To avoid duplication, please use only one
of the following methods:
(1) Online: https://www.regulations.gov.
(2) 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.
(3) Hand delivery: Room W12-140 on the Ground Floor of the West
Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The
telephone number is 202-366-9329.
(4) Fax: 202-493-2251.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call Kay Wade, 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:
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 https://www.regulations.gov and will include any
personal information you have provided. We have an agreement with the
Department of Transportation (DOT) to use the Docket Management
Facility. Please see DOT's ``Privacy Act'' paragraph below.
[[Page 35986]]
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2008-0478), indicate the specific section of this
document to which each comment applies, and give the reason for each
comment. We recommend that you include your name and a mailing address,
an e-mail address, or a phone number in the body of your document so
that we can contact you if we have questions regarding your submission.
You may submit your comments and material by electronic means, mail,
fax, or delivery to the Docket Management Facility at the address under
ADDRESSES; but please submit your comments and material by only one
means. If you submit them by mail or 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. We may change this
proposed rule in view of them.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov at
any time. Enter the docket number for this rulemaking (USCG-2008-0478)
in the Search box, and click ``Go>>.'' You may also visit either the
Docket Management Facility in Room W12-140 on the ground floor of the
DOT West Building, 1200 New Jersey Avenue, SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays or the Bridge Administration Office in Room 1313 of the Hale
Boggs Federal Building, 500 Poydras Street, New Orleans, LA 70130
between 7 a.m. and 3 p.m., Monday through Friday, except Federal
holidays.
Privacy Act
Anyone can search the electronic form of all 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 the Department of
Transportation's Privacy Act Statement in the Federal Register
published on April 11, 2000 (65 FR 19477), or you may visit https://
DocketsInfo.dot.gov.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one to the Docket Management Facility at the address under
ADDRESSES explaining 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.
Background and Purpose
Due to a personnel shortage, the bridge owner, LDOTD, has requested
a change in the operating regulation of the LA 46 vertical lift span
bridge across LaLoutre Bayou, mile 22.9 at Yscloskey, St. Bernard
Parish, Louisiana, in order to make more efficient use of operating
resources. The bridge has a horizontal clearance of 45 feet. It has a
vertical clearance of 2 feet in the closed position and 53 feet in the
open position. In accordance with 33 CFR 117.5, the bridge is required
to open on signal for the passage of marine vessels.
The LA 46 Bridge has been closed to marine traffic since August
2005, when it sustained damage during Hurricane Katrina. The Coast
Guard has received no complaints about the bridge closure. The bridge
has been repaired and will soon reopen to marine traffic.
Discussion of Proposed Rule
The bridge owner has requested a change in the operating regulation
which would allow the draw of the LA 46 Bridge to open on signal;
except that from 8 p.m. to 4 a.m., the draw would open on signal if at
least two hours notice is given. The proposed rule change to 33 CFR
117.5 would reduce the hours the bridge must be manned between 8 p.m.
and 4 a.m., making more efficient use of operating resources. The LDOTD
believes the proposed operating regulation will accommodate vehicular
traffic and meet the needs of navigation, while making the best use of
available personnel to operate the bridge.
We have already issued a Test Deviation to allow the LDOTD to test
the proposed schedule and to obtain data and public comments. This
document is available in the docket (see ``Viewing comments and
documents''). The test period will be in effect during the entire
Notice of Proposed Rulemaking comment period. The Coast Guard will
review the logs of the drawbridge and evaluate public comments from the
Notice of Proposed Rulemaking and the above referenced Temporary
Deviation to determine if a permanent special drawbridge operating
regulation is warranted.
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,
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 proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary.
There has been no waterway passage of marine vessels at the bridge
site since August 2005. The proposed change will have little to no
impact on the public.
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 proposed
rule would not have a significant economic impact on a substantial
number of small entities.
Although the change will require 2 hours advance notice for
openings between 8 p.m. and 4 a.m., an alternate route, via Yscloskey
Bayou, to the Mississippi River Gulf Outlet and Lake Borgne is
available with no additional transit time. Additionally, most users of
this waterway are able to give notice prior to transiting through the
bridge. Before the effective period, we will issue maritime advisories
widely available to users of the waterway.
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.
[[Page 35987]]
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 proposed 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 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 proposed 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 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 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 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 proposed 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 proposed 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 proposed 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 Commandant Instruction
M16475.lD and Department of Homeland Security Management Directive
5100.1, 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 not likely to
have a significant effect on 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.
Add new Sec. 117.468 to read as follows:
Sec. 117.468 LaLoutre Bayou.
The draw of the LA 46 Bridge, mile 22.9, at Yscloskey, shall open
on signal; except that from 8 p.m. to 4 a.m., the draw shall open on
signal if at least two hours notice is given.
Dated: June 16, 2008.
J. R. Whitehead,
Rear Admiral, U.S. Coast Guard Commander, Eighth Coast Guard District.
[FR Doc. E8-14367 Filed 6-24-08; 8:45 am]
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