Drawbridge Operation Regulation; Lafourche Bayou, LA, 43165-43167 [2012-17949]
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Federal Register / Vol. 77, No. 142 / Tuesday, July 24, 2012 / Rules and Regulations
mile 11.7, provides a vertical clearance
of 90 feet in the closed position, the
Burnside Bridge, mile 12.4, provides a
vertical clearance of 64 feet in the
closed position, the Morrison Bridge,
mile 12.8, provides a vertical clearance
of 69 feet in the closed position, and the
Hawthorne Bridge, mile 13.1, provides a
vertical clearance of 49 feet in the
closed position; all clearances are
referenced to the vertical clearance
above Columbia River Datum 0.0. The
current operating schedule for all four
bridges is set out in 33 CFR 117.897.
The normal operating schedule for all
four bridges state that they need not
open from 7 a.m. to 9 a.m. and from
4 p.m. to 6 p.m. Monday through
Friday. This deviation period is from 5
a.m. on August 12, 2012 through 12:30
p.m. August 12, 2012. The deviation
allows the Broadway Bridge, mile 11.7,
the Burnside Bridge, mile 12.4, the
Morrison Bridge, mile 12.8, and the
Hawthorne Bridge, mile 13.1, across the
Willamette River, to remain in the
closed position and need not open for
maritime traffic from 5 a.m. through
12:30 p.m. on August 12, 2012. The four
bridges shall operate in accordance to
33 CFR 117.897 at all other times.
Waterway usage on this stretch of the
Willamette River includes vessels
ranging from commercial tug and barge
to small pleasure craft. Mariners will be
notified and kept informed of the
bridges’ operational status via the Coast
Guard Notice to Mariners publication
and Broadcast Notice to Mariners as
appropriate. The bridges will be
required to open, if needed, for vessels
engaged in emergency response
operations during this closure period.
In accordance with 33 CFR 117.35(e),
the drawbridges must return to their
regular operating schedules
immediately at the end of the
designated time period. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
Dated: July 13, 2012.
Randall D. Overton,
Bridge Administrator.
[FR Doc. 2012–17945 Filed 7–23–12; 8:45 am]
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2011–0926]
RIN 1625–AA09
Drawbridge Operation Regulation;
Lafourche Bayou, LA
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
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:
SUMMARY:
BILLING CODE 9110–04–P
Emcdonald on DSK67QTVN1PROD with RULES
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
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43165
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 reopened 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.
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43166
Federal Register / Vol. 77, No. 142 / Tuesday, July 24, 2012 / Rules and Regulations
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 15minute 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.
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.
Emcdonald on DSK67QTVN1PROD with RULES
C. Discussion of Comments, Changes
and the Final Rule
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.
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
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
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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).
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Federal Register / Vol. 77, No. 142 / Tuesday, July 24, 2012 / Rules and Regulations
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.
Emcdonald on DSK67QTVN1PROD with RULES
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.
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
1. The authority citation for part 117
continues to read as follows:
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,
(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
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Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
Department of Homeland Security Delegation
No. 0170.1.
2. In § 117.465, paragraphs (a)
introductory text and (a)(3) are revised
to read as follows:
■
§ 117.465
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Lafourche Bayou.
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43167
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]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2012–0588]
RIN 1625–AA00
Safety Zone; Electric Zoo Fireworks,
East River, Randall’s Island, NY
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the navigable waters of the East River in
the vicinity of Randall’s Island, NY for
a fireworks display. This temporary
safety zone is necessary to protect
spectators and vessels from the hazards
associated with fireworks displays. This
rule is intended to restrict all vessels
from a portion of the East River before,
during, and immediately after the
fireworks event.
DATES: This rule will be effective from
10:30 p.m. on August 31, 2012 until
11:40 p.m. on September 2, 2012. The
rule will be enforced daily from 10:30
p.m. to 11:40 p.m.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2012–0588]. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
SUMMARY:
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]]>Agencies
[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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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]
BILLING CODE 9110-04-P
