[Federal Register Volume 70, Number 170 (Friday, September 2, 2005)]
[Proposed Rules]
[Pages 52340-52343]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17509]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD08-05-049]
RIN 1625-AA09


Drawbridge Operation Regulation; Lafourche Bayou, Lafourche 
Parish, LA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to change the regulations governing 
six bridges across Bayou Lafourche, south of the Gulf Intracoastal 
Waterway, in Lafourche Parish, Louisiana. The Lafourche Parish Council 
has requested that the bridges remain closed to navigation at various 
times on weekdays during the school year. These closures will 
facilitate the safe, efficient movement of staff, students and other 
residents within the parish.

DATES: Comments and related material must reach the Coast Guard on or 
before November 1, 2005.

ADDRESSES: You may mail comments and related material to Commander 
(obc), Eighth Coast Guard District, 500 Poydras Street, New Orleans, 
Louisiana 70130-3310. The Commander, Eighth Coast Guard District, 
Bridge Administration Branch maintains the public docket for this 
rulemaking. Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
will become part of this docket and will be available for inspection or 
copying at the Bridge Administration office between 7 a.m. and 3 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: David Frank, Bridge Administration 
Branch, telephone 504-589-2965.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (CGD08-05-
049), indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know 
they reached us, 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.

Public Meeting

    We do not now plan to hold a public meeting. You may submit a 
request for a meeting by writing to Commander, Eighth Coast Guard 
District, Bridge Administration Branch 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

    The U. S. Coast Guard, at the request of the Lafourche Parish 
Council, proposes to modify the existing operating schedules of six 
bridges across Bayou Lafourche south of the Gulf Intracoastal Waterway 
in Lafourche Parish, Louisiana. The six bridges include: Golden Meadow 
Vertical Lift

[[Page 52341]]

Bridge, mile 23.9; the Galliano Pontoon Bridge, mile 27.8; the 
Galliano/South Lafourche (Tarpon) Vertical Lift Bridge, mile 30.6; the 
Cote Blanche Pontoon Bridge, mile 33.9; the Cutoff Vertical Lift 
Bridge, mile 36.3; and the Larose Pontoon Bridge, mile 39.1. The 
modification of the existing regulations will allow these bridges to 
remain closed to navigation from 7 a.m. to 8 a.m.; from 2 p.m. to 4 
p.m.; and from 4:30 p.m. to 5:30 p.m., Monday through Friday from 
August 15 through May 31. At all other times, the bridges would open on 
signal for the passage of vessels.
    Presently, only two of these bridges have special operation 
regulations published in the Code of Federal Regulations. The Galliano/
South Lafourche (Tarpon) Vertical Lift Bridge, mile 30.6, and the Cote 
Blanche Pontoon Bridge, mile 33.9, open on signal; except that, from 
2:30 p.m. to 3:30 p.m. and from 4:30 p.m. to 5:30 p.m. Monday through 
Friday except Federal holidays, the draws need not open for the passage 
of vessels. The other four bridges open on signal for the passage of 
vessels pursuant to 33 CFR 117.5.
    Traffic counts and vessel openings vary among the six bridges. The 
Louisiana Department of Transportation and Development provided 
information on vessel openings and traffic counts for the Larose 
Pontoon Bridge, mile 39.1; the Galliano/South Lafourche (Tarpon) 
Vertical Lift Bridge, mile 30.6; and the Golden Meadow Vertical Lift 
Bridge, mile 23.9. The Lafourche Parish Council provided information on 
vessel openings and traffic counts for the Cutoff Vertical Lift Bridge, 
mile 36.3; the Cote Blanche Pontoon Bridge, mile 33.9; and the Galliano 
Pontoon Bridge, mile 27.8.
    The Larose Pontoon Bridge, mile 39.1, is the first bridge south of 
the Gulf Intracoastal Waterway intersection. This bridge is located 
just south of a flood control structure that has a horizontal clearance 
of 56 feet and a depth over the sill of 10 feet. The bridge opens an 
average of 410 times a month for vessels. Based upon the request, 
approximately 18% of the vessels would be affected by the proposed 
closures. Traffic counts indicate that 9,000 vehicles cross the bridge 
daily and approximately 23% of those vehicles cross during the 
requested closure times. Vessel openings of the bridge delay vehicular 
traffic nine minutes per opening, delaying 20 vehicles per opening.
    The Larose Pontoon Bridge is presently scheduled for replacement. 
The new bridge will be a vertical lift bridge and it will be located 
0.4 miles downstream from its present location. Once the new bridge is 
constructed, the old bridge will be removed. The special operating 
regulation for the old bridge, if approved, may not be transferred to 
the new bridge and a new request for a special operation regulation 
must be made for the new bridge.
    The Cutoff Vertical Lift Bridge, mile 36.3 is the next bridge 
downstream from the Larose Pontoon Bridge. The bridge opens an average 
of 419 times a month for vessels. Based upon the request, approximately 
23% of the vessels would be affected by the proposed closures. Traffic 
counts indicate that 7180 vehicles cross the bridge daily and 
approximately 33% of those vehicles cross during the requested closure 
times. Vessel openings of the bridge delay vehicular traffic five 
minutes per opening, delaying 80 vehicles per opening.
    The Cote Blanche Pontoon Bridge, mile 33.9 is the next bridge 
downstream from the Cutoff Vertical Lift Bridge. The bridge opens an 
average of 441 times a month for vessels. Based upon the request, 
approximately 23% of the vessels would be affected by the proposed 
closures. Traffic counts indicate that 7180 vehicles cross the bridge 
daily and approximately 33% of those vehicles cross during the 
requested closure times. Vessel openings of the bridge delay vehicular 
traffic five minutes per opening, delaying 54 vehicles per opening.
    The Galliano/South Lafourche (Tarpon) Vertical Lift Bridge, mile 
30.6 is the next bridge downstream from the Cote Blanche Pontoon 
Bridge. The bridge opens an average of 430 times a month for vessels. 
Based upon the request, approximately 20% of the vessels would be 
affected by the proposed closures. Traffic counts indicate that 8000 
vehicles cross the bridge daily and approximately 28% of those vehicles 
cross during the requested closure times. Vessel openings of the bridge 
delay vehicular traffic six minutes per opening, delaying 43 vehicles 
per opening.
    The Galliano Pontoon Bridge, mile 27.8 is the next bridge 
downstream from the Galliano/South Lafourche (Tarpon) Vertical Lift 
Bridge. The bridge opens an average of 580 times a month for vessels. 
Based upon the request, approximately 23% of the vessels would be 
affected by the proposed closures. Traffic counts indicate that 5040 
vehicles cross the bridge daily and approximately 34% of those vehicles 
cross during the requested closure times. Vessel openings of the bridge 
delay vehicular traffic five minutes per opening, delaying 60 vehicles 
per opening.
    The Golden Meadow Vertical Lift Bridge, mile 23.9 is the next 
bridge downstream from the Galliano Pontoon Bridge. The bridge opens an 
average of 610 times a month for vessels. Based upon the request, 
approximately 30% of the vessels would be affected by the proposed 
closures. Traffic counts indicate that 2400 vehicles cross the bridge 
daily and approximately 30% of those vehicles cross during the 
requested closure times. Vessel openings of the bridge delay vehicular 
traffic six minutes per opening, delaying 16 vehicles per opening.
    Navigation at the sites of the bridges consists primarily of 
commercial and recreational fishing vessels, crew boats, and some 
tugboats with barges. Alternate routes are not readily accessible.
    The existing regulations on the Galliano/South Lafourche (Tarpon) 
Vertical Lift Bridge, mile 30.6 and the Cote Blanche Pontoon Bridge, 
mile 33.9, were established on September 20, 1995. Since the 
establishment of these special operation regulations, the Coast Guard 
has not received any formal complaints regarding the operation of the 
bridges. It has been approximately ten years since the last formal 
request to change the operating regulations of the Cote Blanche Bridge 
and the Galliano/South Lafourche Bridge. The Coast Guard is interested 
in obtaining comments in response to this current request from all 
interested parties with regard to how the proposed changes to the 
regulations will affect them.

Discussion of Proposed Rule

    The proposed rule would modify the existing regulations in 33 CFR 
117.465 to facilitate the movement of high volumes of vehicular traffic 
across the bridges during periods of increased transits during the 
school year. These closures would allow for vehicles and school busses 
to transit across the bridges unimpeded both before and after school 
hours. The change would allow these six bridges on Bayou Lafourche 
south of the Gulf Intracoastal Waterway, mile 35.6 west of Harvey Lock, 
in Larose, to remain closed to navigation from 7 a.m. to 8 a.m.; from 2 
p.m. to 4 p.m.; and from 4:30 p.m. to 5:30 p.m. Monday through Friday 
from August 15 to May 31. At all other times, the bridges will open on 
signal for the passage of vessels. The proposed regulation does not 
affect the SR 1 (Leeville) Vertical Lift Bridge, mile 13.3. This bridge 
is a mid-level vertical lift bridge and is scheduled to be replaced

[[Page 52342]]

by a high-level fixed bridge in the near future.

Regulatory Evaluation

    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. It is not ``significant'' 
under the regulatory policies and procedures of the Department of 
Homeland Security. We expect the economic impact of this proposed rule 
to be so minimal that a full Regulatory Evaluation under the regulatory 
policies and procedures of DHS is unnecessary.
    This proposed rule would allow vessels to transit this waterway 
with proper notification before and after the peak vehicular traffic 
periods. According to the information provided by the applicant, the 
public at large is better served by the closure times.

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. This proposed rule would affect the following 
entities: the owners and operators of vessels needing to transit the 
bridges during the requested closure periods.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this proposed 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 proposed rule would economically affect it.

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 proposed 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 proposed 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 
M16475.1D, which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors

[[Page 52343]]

in this case that would limit the use of a categorical exclusion under 
section 2.B.2 of the Instruction. Therefore, this proposed 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.

Regulations

    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; Department of Homeland Security 
Delegation No. 0170.1; 33 CFR 1.05-1(g); section 117.255 also issued 
under the authority of Pub. L. 102-587, 106 Stat. 5039.
    2. Sec.  117.465(a) is 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 15 through May 31, the draw need not open for the 
passage of vessels Monday through Friday, except Federal holidays, from 
7 a.m. to 8 a.m.; from 2 p.m. to 4 p.m.; and from 4:30 p.m. to 5:30 
p.m.:
    (1) SR 308 (Golden Meadow) Bridge, mile 23.9, at Golden Meadow.
    (2) Galliano Pontoon Bridge, mile 27.8, at Galliano.
    (3) SR 308 (South Lafourche (Tarpon)) Bridge, mile 30.6, at 
Galliano.
    (4) Cote Blanche Pontoon Bridge, mile 33.9, at Cutoff.
    (5) Cutoff Vertical Lift Bridge, mile 36.3, at Cutoff.
    (6) SR 310 (Larose Pontoon) Bridge, mile 39.1, at Larose.
* * * * *

    Dated: August 26, 2005.
Kevin L. Marshall,
Captain, U.S. Coast Guard, Acting Commander, 8th Coast Guard Dist.
[FR Doc. 05-17509 Filed 9-1-05; 8:45 am]
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