Drawbridge Operation Regulation; Lafourche Bayou, LA, 43165-43167 [2012-17949]

Agencies

• Coast Guard
• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 77, Number 142 (Tuesday, July 24, 2012)]
[Rules and Regulations]
[Pages 43165-43167]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-17949]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

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


Drawbridge Operation Regulation; Lafourche Bayou, LA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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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 Regulations will now begin on 
August 1 vice August 15 of each year. In addition, one of the six 
bridges, mile 30.6, is to close 15 minutes earlier than the other 
bridges. These closures will facilitate the safe, efficient movement of 
staff, students and other residents within the parish.

DATES: This rule is effective on August 1, 2012.

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 [USCG-2011-0926], and are available online by going 
to https://www.regulations.gov, inserting USCG-2011-0926 in the 
``Keyword'' box, and then clicking ``Search.'' This material is also 
available for inspection or copying at 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Jim Wetherington, D8 Bridge Administration Branch, Coast 
Guard; telephone 504-671-2128, email james.r.wetherington@uscg.mil. 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: 

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    On April 16, 2012, we published a notice of proposed rulemaking 
(NPRM) entitled, ``Drawbridge Operation Regulation; Lafourche Bayou, 
LA,'' in the Federal Register (77 FR 22520). We received one comment on 
the proposed rule and it was in favor of the change. We also received a 
request for an additional change specific to the operating schedule for 
the SR 308 (South Lafourche (Tarpon)) Vertical Lift Bridge, mile 30.6, 
at Galliano, Lafourche Parish, LA. The staff, teachers and students of 
South Lafourche High School requested that the start time for this 
bridge regulation be 15 minutes earlier, 6:45 a.m. as opposed to 7 
a.m., to accommodate the school traffic in this area during school 
hours. Due to this request for further modification to the drawbridge 
operations not being included as part of the original NPRM, it was 
determined that the Coast Guard would reopen the NPRM for additional 
comments and provide the public information regarding the additional 
modification request. On June 15, 2012, a notice reopening the comment 
period for 20 days was published in the Federal Register (77 FR 35897). 
We received no comments on the modified proposed rule. No public 
meeting was requested, and none was held.
    The Coast Guard is issuing this final rule without a full 30 days 
before its effective date under the Administrative Procedure Act (APA) 
(5 U.S.C. 553(d)(3)). This provision authorizes an agency to issue a 
rule without a full 30 days notice before its effective date when the 
agency for good cause finds that procedure ``impracticable, 
unnecessary, or contrary to the public interest.'' Under 5 U.S.C. 
553(d)(3), the Coast Guard finds that good cause exists for making this 
rule effective in less than 30 days after publication in the Federal 
Register. A standard 30 day comment period was given for the NPRM. Only 
one comment was received and it was in support of the change. After the 
receipt of the additional request the comment period was re-opened for 
an additional 20 days to allow for further comment. We received no 
further comments on this action. It would be contrary to the public 
interest to delay the effective date of this rule by providing a full 
30 days notice. The school year starts on or about August 1 and this 
final rule establishes the operating schedules for the six bridges to 
coincide with the school year and safety needs for students and school 
traffic.

B. Basis and Purpose

    The legal basis and authorities for this rule are found in 33 
U.S.C. 499; 33 CFR 1.05-1; and Department of Homeland Security 
Delegation No. 170.1 which collectively authorize the Coast Guard to 
regulate drawbridge operations.

[[Page 43166]]

    The U.S. Coast Guard, at the request of the Louisiana Department of 
Transportation and Development (LDOTD), in conjunction with the 
Lafourche Parish Council, is modifying 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 SR 308 (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 operate on their school year closing schedule from 
August 1 through May 31. Changes in the scheduled beginning of the 
school year to before August 15 made the regulation confusing to 
mariners, the bridge operators and the public. The change in the 
effective date of this rule will allow for most date changes that are 
inherent to the school scheduling process and be in the best interest 
of the public and commercial entities. Additionally, the staff, faculty 
and student body of South Lafourche High School requested that the SR 
308 (South Lafourche (Tarpon)) Vertical Lift Bridge, mile 30.6, from 
now on called the Tarpon Bridge, close 15 minutes earlier, at 6:45 a.m. 
as opposed to 7 a.m. The Tarpon Bridge is part of a main route to and 
from South Lafourche High School. The school's students, staff, and 
faculty face a traffic delay and back up with the current schedule 
allowing marine traffic through until just before 7 a.m. This traffic 
delay causes a 15-minute back up leading to tardiness of faculty, staff 
and students. The request to add an additional 15 minutes to the 
morning closure period will allow for the students and faculty to 
better transit across the bridge in the morning and will not have a 
significant effect on the vessels using the waterway.
    At all other times, the bridges will open on signal, or in 
accordance with their published regulation, for the passage of vessels.

C. Discussion of Comments, Changes and the Final Rule

    One comment was received with regards to the NPRM from a concerned 
citizen who stated that the change made sense. Based upon this comment, 
no changes were made to the proposed regulation. However, due to the 
additional request to further modify the operation of the Tarpon 
Bridge, the comment period was reopened. No comments were received in 
reference to the reopening for comment.
    This final rule modifies the starting date of existing bridge 
regulations from August 15 to August 1 to coincide with local school 
schedules and increases the daily regulation of the Tarpon Bridge by 15 
minutes. The only changes in the final rule from those in the proposed 
regulatory text are the addition of the words ``unless otherwise 
indicated'' after the regulation times. Under the Tarpon Bridge, 
subpart (3) in the regulation, the inclusion of specific regulation 
times has also been made.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 14 of these statutes or executive orders.

1. Regulatory Planning and Review

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Order 12866 or under 
section 1 of Executive Order 13563. The Office of Management and Budget 
has not reviewed it under those Orders.
    This rule is not a significant regulatory action because it merely 
modifies the starting date of existing bridge regulations to coincide 
with local school schedules and increases the daily regulation of the 
Tarpon Bridge by only 15 minutes.
    The changes to these bridge regulations will allow for better 
vehicle traffic service during peak school hours throughout the year. 
The new starting date allows for the flexibility needed to accommodate 
an ever changing school calendar and the new starting time for the 
Tarpon Bridge allows for the safe and timely arrival of students and 
staff while still providing vessel traffic a consistent schedule. This 
rule allows vessels ample opportunity to transit this waterway with 
proper notification before and after the peak vehicular traffic 
periods.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The Coast Guard 
received no comments from the Small Business Administration on this 
rule. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
would not have a significant economic impact on a substantial number of 
small entities.
    This rule will affect the following entities, some of which may be 
small entities: The owners or operators of vessels intending to transit 
the bridges Monday through Friday except Federal holidays during the 
hours of 7 a.m. to 8:30 a.m., from 2 p.m. to 4 p.m. and from 4:30 p.m. 
to 5:30 p.m. from August 1 through August 14 and owners or operators of 
vessels intending to transit the Tarpon Bridge between 6:45 a.m. and 
6:59 a.m.
    This action will not have a significant economic impact on a 
substantial number of small entities because the change only adds two 
weeks to the current regulation and 15 minutes to the current Tarpon 
Bridge regulation. The current rule has been in effect for these 
vessels and waterway users since 2006. This change extends the 
effective period for the known restrictions to coincide with the full 
school year and allow for the safe and expedient arrival of staff 
faculty and students as well as other bridge users, which was the 
original intent of this rule.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

4. Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

[[Page 43167]]

5. Federalism

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

6. Protest Activities

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

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

8. Taking of Private Property

    This rule would not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that might 
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

12. Energy Effects

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

13. Technical Standards

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

14. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guides the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
that this action is one of a category of actions which do not 
individually or cumulatively have a significant effect on the human 
environment. This rule involves the regulation of drawbridge 
operations. This rule is categorically excluded, under figure 2-1, 
paragraph (32)(e), of the Instruction.
    Under figure 2-1, paragraph (32)(e), of the Instruction, an 
environmental analysis checklist and a categorical exclusion 
determination are not required for this rule.

List of Subjects in 33 CFR Part 117

    Bridges.

    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. In Sec.  117.465, paragraphs (a) introductory text and (a)(3) are 
revised to read as follows:


Sec.  117.465  Lafourche Bayou.

    (a) The draws of the following bridges shall open on signal; except 
that, from August 1 through May 31, the draw need not open for the 
passage of vessels Monday through Friday except Federal holidays from 7 
a.m. to 8:30 a.m.; from 2 p.m. to 4 p.m. and from 4:30 p.m. to 5:30 
p.m., unless otherwise indicated:
    * * *
    (3) SR 308 (South Lafourche (Tarpon)) Bridge, mile 30.6, at 
Galliano, need not open for the passage of vessels from August 1 
through May 31, Monday through Friday except Federal holidays from 6:45 
a.m. to 8:30 a.m.; from 2 p.m. to 4 p.m. and from 4:30 p.m. to 5:30 
p.m.
* * * * *

    Dated: July 13, 2012.
Peter Troedsson,
Captain, U.S. Coast Guard, Commander, Eighth Coast Guard District 
Acting.
[FR Doc. 2012-17949 Filed 7-23-12; 8:45 am]
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