Drawbridge Operation Regulation; Gulf Intracoastal Waterway, Belle Chasse, LA, 10486-10487 [E9-5082]

Download as PDF 10486 Federal Register / Vol. 74, No. 46 / Wednesday, March 11, 2009 / Rules and Regulations Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed this rule under that Order and have determined that it does not have implications for federalism. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. Taking of Private Property This rule will not effect a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. Civil Justice Reform This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. rwilkins on PROD1PC63 with RULES 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 may disproportionately affect children. Indian Tribal Governments This rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. Energy Effects We have analyzed this rule under Executive Order 13211, Actions Concerning Regulations That VerDate Nov<24>2008 16:30 Mar 10, 2009 Jkt 217001 Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a ‘‘significant energy action’’ under that order because it is not a ‘‘significant regulatory action’’ under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211. Technical Standards The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. We have analyzed this rule under Department of Homeland Security Management Directive 5100.1 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321–4370f), and have concluded under the Instruction that there are no factors in this case that would limit the use of a categorical exclusion under section 2.B.2 of the Instruction. Therefore, this rule is categorically excluded, under figure 2– 1, paragraph (34)(f), of the Instruction, from further environmental documentation. The rule fits this category as it reduces the size of an anchorage ground. Under figure 2–1, paragraph (34)(f) 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 110 Anchorage grounds. Frm 00032 PART 110—ANCHORAGE REGULATIONS 1. The authority citation for part 110 continues to read as follows: ■ Authority: 33 U.S.C. 471, 1221 through 1236, 2030, 2035, 2071; 33 CFR 1.05–1; Department of Homeland Security Delegation No. 0170.1. 2. Amend § 110.155, by revising paragraph (f)(2)(ii) to read as follows: ■ § 110.155 Port of New York. * * * * * (f) * * * (2) * * * (ii) Romer Shoal. All waters bound by the following points: 40°28′27.21″N, 073°56′45.84″W; thence to 40°29′47.70″N, 073°56′46.23″W; thence to 40°31′25.38″N, 074°00′53.50″W; thence to 40°32′11.38″N, 074°01′39.50″W; thence to 40°32′12.38″N, 074°02′05.50″W; thence to 40°31′27.38″N, 074°02′05.50″W; thence to 40°30′13.38″N, 074°00′05.50″W; thence to the point of origin (NAD 83). * * * * * Dated: February 23, 2009. Dale G. Gabel, Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District. [FR Doc. E9–5095 Filed 3–10–09; 8:45 am] BILLING CODE 4910–15–P Environment PO 00000 For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 110 as follows: ■ Fmt 4700 Sfmt 4700 DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2009–0100] Drawbridge Operation Regulation; Gulf Intracoastal Waterway, Belle Chasse, LA Coast Guard, DHS. Notice of temporary deviation from regulations. AGENCY: ACTION: SUMMARY: The Commander, Eighth Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the SR 23 bridge across the Gulf Intracoastal Waterway (Algiers Alternate Route), mile 3.8, at Belle Chasse, Plaquemines Parish, Louisiana. This temporary rule is issued to facilitate movement of vehicular traffic for the 2009 N’Awlins Air Show, to be held at the U.S. Naval E:\FR\FM\11MRR1.SGM 11MRR1 rwilkins on PROD1PC63 with RULES Federal Register / Vol. 74, No. 46 / Wednesday, March 11, 2009 / Rules and Regulations Air Station, Joint Reserve Base at Belle Chasse, Louisiana. DATES: This deviation is effective from 3:30 p.m. on Friday, May 1, 2009 until 7:45 p.m. on Sunday, May 3, 2009. ADDRESSES: Documents indicated in this preamble as being available in the docket are part of docket USCG–2009– 0100 and are available online at https://www.regulations.gov. They are also available for inspection or copying at two locations: The Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays, and the Eighth Coast Guard District, Bridge Administration Branch, Hale Boggs Federal Building, Room 1313, 500 Poydras Street, New Orleans, Louisiana 70130–3310 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) 671–2128. SUPPLEMENTARY INFORMATION: The Department of the Navy requested a temporary rule changing the operation of the State Route 23 vertical lift span drawbridge. The change accommodates the additional volume of vehicular traffic that the N’Awlins Air Show generates each year. A large amount of the general public is expected to attend the New Orleans Open House Air Show on each day. The change allows for the expeditious dispersal of the heavy volume of vehicular traffic expected to depart the Naval Air Station, Joint Reserve Base following the event. This event has been held annually on or about the last weekend in October but has not been held since Hurricane Katrina. This year, the event is being held on the weekend of May 1–3, 2009. This temporary deviation will allow the bridge to remain in the closed-tonavigation position from 3:30 p.m. until 6:45 p.m. on Friday, May 1 and Saturday, May 2, 2009 and from 3:30 p.m. until 7:45 p.m. on Sunday, May 3, 2009. The State Route 23 vertical lift span drawbridge across the Gulf Intracoastal Waterway (Algiers Alternate Route), mile 3.8, at Belle Chasse, Louisiana has a vertical clearance of 40 feet above mean high water in the closed-tonavigation position and 100 feet above mean high water in the open-tonavigation position. Navigation on the waterway consists primarily of tugs with tows, commercial fishing vessels, and occasional recreational craft. VerDate Nov<24>2008 16:30 Mar 10, 2009 Jkt 217001 Mariners may use the Gulf Intracoastal Waterway (Harvey Canal) to avoid unnecessary delays. The Coast Guard has coordinated the closure with waterway users, industry, and other Coast Guard units. It has been determined that this closure will not have a significant effect on vessel traffic. In accordance with 33 CFR 117.35(e), the drawbridge must return to its regular operating schedule immediately at the end of the designated time period. This deviation from the operating regulations is authorized under 33 CFR 117.35. Dated: February 20, 2009. David M. Frank, Bridge Administrator. [FR Doc. E9–5082 Filed 3–10–09; 8:45 am] BILLING CODE 4910–15–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2009–0102] Drawbridge Operation Regulation; Boudreaux Canal, Mile 0.1, Near Chauvin, Terrebonne Parish, LA Coast Guard, DHS. Notice of temporary deviation from regulations. AGENCY: ACTION: SUMMARY: The Commander, Eighth Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the SR 56 Swing Bridge across Boudreaux Canal, mile 0.1, near Chauvin, Terrebonne Parish, Louisiana. The deviation is necessary to replace all the mechanical machinery used to operate the movable span of the bridge. This deviation allows the bridge to remain in the closed-to-navigation position except for the previously approved scheduled opening times to allow for the passage of vessels. DATES: This deviation is effective from 7 a.m. on March 9, 2009 through 5 p.m. on May 31, 2009. ADDRESSES: Documents indicated in this preamble as being available in the docket are part of docket USCG–2009– 0102 and are available online at https://www.regulations.gov. They are also available for inspection or copying at two locations: The Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 10487 except Federal holidays, and the Eighth Coast Guard District, Bridge Administration Branch, Hale Boggs Federal Building, Room 1313, 500 Poydras Street, New Orleans, Louisiana 70130–3310 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) 671–2128. SUPPLEMENTARY INFORMATION: Louisiana Department of Transportation and Development has requested a temporary deviation from the operating schedule of the State Route 56 Swing Bridge across Boudreaux Canal, mile 0.1, near Chauvin, Terrebonne Parish, Louisiana. The closure is necessary to allow for repairs to the bridge. The contractor plans to work 24 hours a day, seven days a week until the work is completed. To facilitate the movement of vessels during the maintenance work, the bridge will open for the passage of vessels daily from 6 a.m. until 7 a.m.; from noon until 1 p.m.; and from 6 p.m. until 7 p.m. Additionally, the bridge will open for the passage of vessels at 10 p.m. and 2 a.m. daily for any vessels standing by at the bridge. The vertical clearance of the swing bridge in the closed-to-navigation position is 5.2 feet and unlimited in the open-to-navigation position. If for any reason, the contractor is not working during this period, the bridge will be returned to normal operation and must open on signal. If the maintenance work is completed prior to May 31, 2009, the bridge will be returned to normal operation. The bridge owner will keep the Coast Guard informed as to any change in the schedule so that proper notices to mariners may be issued informing the public of changes to the operation of the bridge. Presently, the bridge opens on signal in accordance with 33 CFR 117.5. This deviation will allow the bridge to remain in the closed-to-navigation position from 7 a.m. on Monday, March 9, 2009 through 5 p.m. on Saturday, May 9, 2009; however, the bridge must open on signal for the passage of vessels from 6 a.m. until 7 a.m.; from noon until 1 p.m. and from 6 p.m. until 7 p.m. daily. Additionally, the bridge must open on signal for any vessels standing by at 10 p.m. and 2 a.m. daily. During the closure periods all the mechanical machinery used for operating the movable span will be changed. Navigation on the waterway consists of tugs with tows, fishing vessels and recreational craft. Due to prior experience and coordination with waterway users it has been determined E:\FR\FM\11MRR1.SGM 11MRR1

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[Federal Register Volume 74, Number 46 (Wednesday, March 11, 2009)]
[Rules and Regulations]
[Pages 10486-10487]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-5082]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2009-0100]


Drawbridge Operation Regulation; Gulf Intracoastal Waterway, 
Belle Chasse, LA

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations.

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

SUMMARY: The Commander, Eighth Coast Guard District, has issued a 
temporary deviation from the regulation governing the operation of the 
SR 23 bridge across the Gulf Intracoastal Waterway (Algiers Alternate 
Route), mile 3.8, at Belle Chasse, Plaquemines Parish, Louisiana. This 
temporary rule is issued to facilitate movement of vehicular traffic 
for the 2009 N'Awlins Air Show, to be held at the U.S. Naval

[[Page 10487]]

Air Station, Joint Reserve Base at Belle Chasse, Louisiana.

DATES: This deviation is effective from 3:30 p.m. on Friday, May 1, 
2009 until 7:45 p.m. on Sunday, May 3, 2009.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2009-0100 and are available online 
at https://www.regulations.gov. They are also available for inspection 
or copying at two locations: The Docket Management Facility (M-30), 
U.S. Department of Transportation, West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays, and 
the Eighth Coast Guard District, Bridge Administration Branch, Hale 
Boggs Federal Building, Room 1313, 500 Poydras Street, New Orleans, 
Louisiana 70130-3310 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) 671-2128.

SUPPLEMENTARY INFORMATION: The Department of the Navy requested a 
temporary rule changing the operation of the State Route 23 vertical 
lift span drawbridge. The change accommodates the additional volume of 
vehicular traffic that the N'Awlins Air Show generates each year. A 
large amount of the general public is expected to attend the New 
Orleans Open House Air Show on each day. The change allows for the 
expeditious dispersal of the heavy volume of vehicular traffic expected 
to depart the Naval Air Station, Joint Reserve Base following the 
event. This event has been held annually on or about the last weekend 
in October but has not been held since Hurricane Katrina. This year, 
the event is being held on the weekend of May 1-3, 2009. This temporary 
deviation will allow the bridge to remain in the closed-to-navigation 
position from 3:30 p.m. until 6:45 p.m. on Friday, May 1 and Saturday, 
May 2, 2009 and from 3:30 p.m. until 7:45 p.m. on Sunday, May 3, 2009.
    The State Route 23 vertical lift span drawbridge across the Gulf 
Intracoastal Waterway (Algiers Alternate Route), mile 3.8, at Belle 
Chasse, Louisiana has a vertical clearance of 40 feet above mean high 
water in the closed-to-navigation position and 100 feet above mean high 
water in the open-to-navigation position. Navigation on the waterway 
consists primarily of tugs with tows, commercial fishing vessels, and 
occasional recreational craft. Mariners may use the Gulf Intracoastal 
Waterway (Harvey Canal) to avoid unnecessary delays.
    The Coast Guard has coordinated the closure with waterway users, 
industry, and other Coast Guard units. It has been determined that this 
closure will not have a significant effect on vessel traffic.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to 
its regular operating schedule immediately at the end of the designated 
time period. This deviation from the operating regulations is 
authorized under 33 CFR 117.35.

    Dated: February 20, 2009.
David M. Frank,
Bridge Administrator.
 [FR Doc. E9-5082 Filed 3-10-09; 8:45 am]
BILLING CODE 4910-15-P

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