Drawbridge Operation Regulation; Gulf Intracoastal Waterway (Algiers Alternate Route), Belle Chasse, LA, 13161-13164 [E9-6668]
Download as PDF
<![CDATA[
Federal Register / Vol. 74, No. 57 / Thursday, March 26, 2009 / Proposed Rules
facilitate the movement of vehicular
traffic.
[FR Doc. E9–6471 Filed 3–25–09; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2008–1158]
RIN 1625–AA09
Drawbridge Operation Regulation; Gulf
Intracoastal Waterway (Algiers
Alternate Route), Belle Chasse, LA
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
SUMMARY: The Coast Guard proposes to
change 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.
Due to high vehicular traffic during the
afternoon, Plaquemines Parish has
requested a change to the operation
schedule to allow the bridge to remain
closed-to-navigation for an additional 90
minutes during weekday afternoons to
VerDate Nov<24>2008
17:06 Mar 25, 2009
Jkt 217001
DATES: Comments and related material
must reach the Coast Guard on or before
May 26, 2009.
ADDRESSES: You may submit comments
identified by Coast Guard docket
number USCG–2008–1158 to the Docket
Management Facility at the U.S.
Department of Transportation. To avoid
duplication, please use only one of the
following methods:
(1) Online: https://
www.regulations.gov.
(2) Mail: Docket Management Facility
(M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590–
0001.
(3) Hand delivery: Room W12–140 on
the Ground Floor of the West Building,
1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. The telephone
number is 202–366–9329.
(4) Fax: 202–493–2251.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this proposed
rule, call David Frank, Bridge
Administration Branch at 504–671–
2128. If you have questions on viewing
or submitting material to the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00034
Fmt 4702
Sfmt 4702
Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted,
without change, to https://
www.regulations.gov and will include
any personal information you have
provided. We have an agreement with
the Department of Transportation (DOT)
to use the Docket Management Facility.
Please see DOT’s ‘‘Privacy Act’’
paragraph below.
Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2008–1158),
indicate the specific section of this
document to which each comment
applies, and give the reason for each
comment. We recommend that you
include your name and a mailing
address, an e-mail address, or a phone
number in the body of your document
so that we can contact you if we have
questions regarding your submission.
You may submit your comments and
material by electronic means, mail, fax,
or delivery to the Docket Management
Facility at the address under ADDRESSES;
but please submit your comments and
material by only one means. If you
submit them by mail or delivery, submit
them in an unbound format, no larger
than 81⁄2 by 11 inches, suitable for
copying and electronic filing. If you
submit them by mail and would like to
E:\FR\FM\26MRP1.SGM
26MRP1
EP26MR09.000</GPH>
Adapted from: Smart Grid Standards
Adoption: Utility Industry Perspective,
OpenSG Subcommittee of the Utility
Communication Architecture International
User Group, and Smart Grid Executive
Working Group.
13161
13162
Federal Register / Vol. 74, No. 57 / Thursday, March 26, 2009 / Proposed Rules
know that they reached the Facility,
please enclose a stamped, self-addressed
postcard or envelope. We will consider
all comments and material received
during the comment period. We may
change this proposed rule in view of
them.
Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov at any time.
Enter the docket number for this
rulemaking (USCG–2008–1158) in the
Search box, and click ‘‘Go>>.’’ You may
also visit either the Docket Management
Facility in Room W12–140 on the
ground floor of the DOT West Building,
1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays or the Bridge
Administration Office in Room 1313 of
the Hale Boggs Federal Building, 500
Poydras Street, New Orleans, LA 70130
between 7 a.m. and 3 p.m., Monday
through Friday, except Federal holidays.
Privacy Act
Anyone can search the electronic
form of all comments received into any
of our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review the
Department of Transportation’s Privacy
Act Statement in the Federal Register
published on April 11, 2000 (65 FR
19477), or you may visit https://
DocketsInfo.dot.gov.
Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one to the Docket Management
Facility at the address under ADDRESSES
explaining why one would be
beneficial. If we determine that one
would aid this rulemaking, we will hold
one at a time and place announced by
a later notice in the Federal Register.
Background and Purpose
Plaquemines Parish has requested that
a regulation regarding the operation of
the SR 23 bridge across the Gulf
Intracoastal Waterway (Algiers Alternate
Route), mile 3.8, at Belle Chasse,
Plaquemines Parish, Louisiana to allow
for the bridge to remain in the closedto-navigation for an additional 90
minutes in the afternoon to facilitate the
movement of vehicular traffic.
Presently, the draw need not open for
the passage of vessels in the afternoon
from 3:30 p.m. until 5:30 p.m. The
request from Plaquemines Parish is to
VerDate Nov<24>2008
17:06 Mar 25, 2009
Jkt 217001
add an additional 90 minutes to the
closure in the afternoon so that the draw
need not open for the passage of vessels
from 3:30 p.m. until 7 p.m. The
Louisiana Department of Transportation
and Development, the owner of the
bridge, has reviewed their bridge tender
logs and have estimated that the
schedule change would affect an
average of two vessels. It should be
noted that the vertical clearance of the
bridge in the closed-to-navigation
position is 40 feet above mean high
water in the closed-to-navigation
position so only vessels with vertical
clearance requirements of more than 40
feet will be affected by the proposed
change.
This bridge currently opens on signal,
except from 6 a.m. to 8:30 a.m. and from
3:30 p.m. to 5:30 p.m. Monday through
Friday, excluding Federal holidays,
during which time the draw need not be
opened for the passage of vessels.
Plaquemines Parish has requested that
the bridge remain closed an additional
90 minutes in the afternoon, until 7 p.m.
in the evening to minimize the delays to
traffic caused by the opening of the
bridge. A recent traffic study indicates
that between 1500 and 2000 vehicles
per hour cross the bridge during
weekday afternoons. When the bridge
opens for the passage of a vessel at 5:30
p.m., traffic may back up for more than
two miles. As SR 23 is the main
highway into and out of Plaquemines
Parish, the traffic backup severely
hampers the ability of emergency
responders to transit in the area.
Plaquemines Parish Office of Emergency
Management has indicated that the
increase in times in the afternoon will
allow for most of the traffic to clear out
of the area. They believe that the request
will only cause a minor increase in
delays for vessels wishing to use the
area. An alternate route via the Harvey
Canal is available for vessels with
vertical clearances of greater than 40
feet if they do not wish to be delayed.
A Test Deviation, USCG–2008–0069,
is being issued in conjunction with this
Notice of Proposed Rulemaking to test
the proposed schedule and to obtain
data and public comments. The test
period will be in effect from April 10,
2009 until May 11, 2009. The Coast
Guard will review the logs of the
drawbridge and evaluate public
comments from this Notice of Proposed
Rulemaking and the above referenced
Temporary Deviation to determine if a
permanent change to the special
drawbridge operating regulation is
warranted.
The Test Deviation shall allow the
draw to open on signal, except that the
draw need not be opened for the passage
PO 00000
Frm 00035
Fmt 4702
Sfmt 4702
of vessels from 6 a.m. to 8:30 a.m. and
from 3:30 p.m. to 7 p.m. Monday
through Friday, excluding Federal
holidays.
Discussion of Proposed Rule
Plaquemines Parish has requested a
change in the operating regulation
which would allow the draw of the
bridge to remain in the closed-tonavigation position for an additional 90
minutes in the afternoon to facilitate the
movement of vehicular traffic in the
area. Presently, the bridge opens on
signal, except from 6 a.m. to 8:30 a.m.
and from 3:30 p.m. to 5:30 p.m. Monday
through Friday, excluding Federal
holidays, the draw need not be opened
for the passage of vessels.
Plaquemines Parish has requested that
an additional 90 minutes be added on
to the afternoon closure to allow the
bridge to remain in the closed-tonavigation position from 3:30 p.m. to 7
p.m., Monday through Friday, except
Federal holidays. The additional time
would facilitate the movement of
vehicular traffic through Belle Chasse.
Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
Regulatory Planning and Review
This proposed rule is not a
‘‘significant regulatory action’’ under
section 3(f) of Executive Order 12866,
Regulatory Planning and Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of that Order. The Office
of Management and Budget has not
reviewed it under that Order.
We expect the economic impact of
this proposed rule to be so minimal that
a full Regulatory Evaluation is
unnecessary.
The public would need to notify the
bridge owner of a required opening 14
days in advance rather than 24 hours in
advance.
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.
E:\FR\FM\26MRP1.SGM
26MRP1
Federal Register / Vol. 74, No. 57 / Thursday, March 26, 2009 / Proposed Rules
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, some of which
might be small entities: the owners or
operators of vessels with vertical
clearances of greater that 40 feet needing
to transit the bridge between the hours
of 3:30 p.m. and 5:30 p.m., Monday
through Friday, except Federal holidays,
would be delayed an additional 90
minutes until 7 p.m. Vessels that can
safely transit under the bridge may do
so at any time. Before the effective
period, we will issue maritime
advisories widely available to users of
the waterway.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 or more in any one year.
Though this proposed rule will not
result in such an expenditure, we do
discuss the effects of this rule elsewhere
in this preamble.
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 David Frank,
Bridge Administration Branch, at 504–
671–2128. 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.
Protection of Children
We have analyzed this proposed rule
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. This rule is not an economically
significant rule and would not create an
environmental risk to health or risk to
safety that might disproportionately
affect children.
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
VerDate Nov<24>2008
17:06 Mar 25, 2009
Jkt 217001
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.
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
PO 00000
Frm 00036
Fmt 4702
Sfmt 4702
13163
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
Environment
We have analyzed this proposed rule
under Commandant Instruction
M16475.lD and Department of
Homeland Security Management
Directive 5100.1, which guides the
Coast Guard in complying with the
National Environmental Policy Act of
1969 (NEPA) (42 U.S.C. 4321–4370f),
and have made a preliminary
determination that this action is not
likely to have a significant effect on the
human environment because it simply
promulgates the operating regulations or
procedures for drawbridges. We seek
any comments or information that may
lead to the discovery of a significant
environmental impact from this
proposed rule.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 117 as follows:
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
Department of Homeland Security Delegation
No. 0170.1.
§ 117.451(b) is revised to read as
follows:
§ 117.451
Gulf Intracoastal Waterway.
*
*
*
*
*
(b) The draw of the SR 23 bridge,
Algiers Alternate Route, mile 3.8 at
Belle Chasse, shall open on signal;
E:\FR\FM\26MRP1.SGM
26MRP1
13164
Federal Register / Vol. 74, No. 57 / Thursday, March 26, 2009 / Proposed Rules
except that, from 6 a.m. to 8:30 a.m. and
from 3:30 p.m. to 7 p.m. Monday
through Friday, except Federal holidays,
the draw need not be opened for the
passage of vessels.
*
*
*
*
*
Dated: March 9, 2009.
J.R. Whitehead,
Rear Admiral, U.S. Coast Guard, Commander,
Eighth Coast Guard District.
[FR Doc. E9–6668 Filed 3–25–09; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2009–0101]
RIN 1625–AA09
Drawbridge Operation Regulation;
Sabine River, Echo, TX
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
SUMMARY: The Coast Guard proposes to
change the regulation governing the
operation of the Union Pacific Railroad
Swing Span Bridge across the Sabine
River, mile 19.3, at Echo, Orange
County, TX. The bridge presently opens
on 24-hour notice but because of the
limited number of requests for openings,
the bridge owner would like to increase
the length of notification time required
to open the bridge.
DATES: Comments and related material
must reach the Coast Guard on or before
May 26, 2009.
ADDRESSES: You may submit comments
identified by Coast Guard docket
number USCG–2009–0101 to the Docket
Management Facility at the U.S.
Department of Transportation. To avoid
duplication, please use only one of the
following methods:
(1) Online: https://
www.regulations.gov.
(2) Mail: Docket Management Facility
(M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590–
0001.
(3) Hand delivery: Room W12–140 on
the Ground Floor of the West Building,
1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. The telephone
number is 202–366–9329.
(4) Fax: 202–493–2251.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this proposed
VerDate Nov<24>2008
17:06 Mar 25, 2009
Jkt 217001
rule, call Kay Wade, Bridge
Administration Branch at 504–671–
2128. If you have questions on viewing
or submitting material to the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted,
without change, to https://
www.regulations.gov and will include
any personal information you have
provided. We have an agreement with
the Department of Transportation (DOT)
to use the Docket Management Facility.
Please see DOT’s ‘‘Privacy Act’’
paragraph below.
Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2009–0101),
indicate the specific section of this
document to which each comment
applies, and give the reason for each
comment. We recommend that you
include your name and a mailing
address, an e-mail address, or a phone
number in the body of your document
so that we can contact you if we have
questions regarding your submission.
You may submit your comments and
material by electronic means, mail, fax,
or delivery to the Docket Management
Facility at the address under ADDRESSES;
but please submit your comments and
material by only one means. If you
submit them by mail or delivery, submit
them in an unbound format, no larger
than 81⁄2 by 11 inches, suitable for
copying and electronic filing. If you
submit them by mail and would like to
know that they reached the Facility,
please enclose a stamped, self-addressed
postcard or envelope. We will consider
all comments and material received
during the comment period. We may
change this proposed rule in view of
them.
Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov at any time.
Enter the docket number for this
rulemaking (USCG–2009–0101) in the
Search box, and click ‘‘Go>>.’’ You may
also visit either the Docket Management
Facility in Room W12–140 on the
ground floor of the DOT West Building,
1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
PO 00000
Frm 00037
Fmt 4702
Sfmt 4702
and 5 p.m., Monday through Friday,
except Federal holidays or the Bridge
Administration Office in Room 1313 of
the Hale Boggs Federal Building, 500
Poydras Street, New Orleans, LA 70130
between 7 a.m. and 3 p.m., Monday
through Friday, except Federal holidays.
Privacy Act
Anyone can search the electronic
form of all comments received into any
of our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review the
Department of Transportation’s Privacy
Act Statement in the Federal Register
published on April 11, 2000 (65 FR
19477), or you may visit https://
DocketsInfo.dot.gov.
Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one to the Docket Management
Facility at the address under ADDRESSES
explaining why one would be
beneficial. If we determine that one
would aid this rulemaking, we will hold
one at a time and place announced by
a later notice in the Federal Register.
Background and Purpose
Due to a lack of required openings
requested by mariners, the bridge owner
requested a modification to the Union
Pacific railroad swing span bridge
across the Sabine River, mile 19.3 at
Echo, Texas to convert the existing
bridge to a fixed span bridge.
Previously, the Coast Guard issued a
Public Notice for a bridge permit
amendment to modify the swing bridge
and make it a fixed bridge. Numerous
comments were received regarding the
proposed modification, indicating that
this change would have a negative
impact on the residents and facilities in
the area above the bridge. As a result,
the bridge owner withdrew his request
for the bridge permit amendment to
convert the swing span bridge to a fixed
span bridge and has requested a 14-day
advance notice to open the bridge. This
change would allow for the bridge
owner to open the bridge for the passage
of vessels while minimizing his
requirements to staff and maintain the
bridge. The bridge has a vertical
clearance of 7.9 feet above Mean High
Water (MHW), elevation 2.18 feet NGVD
in the closed-to-navigation position and
unlimited in the open-to-navigation
position. In accordance with 33 CFR
117.493(a), the bridge is required to
open on signal for the passage of marine
vessels if at least 24 hours of advanced
notice is given.
E:\FR\FM\26MRP1.SGM
26MRP1
]]>Agencies
[Federal Register Volume 74, Number 57 (Thursday, March 26, 2009)]
[Proposed Rules]
[Pages 13161-13164]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-6668]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2008-1158]
RIN 1625-AA09
Drawbridge Operation Regulation; Gulf Intracoastal Waterway
(Algiers Alternate Route), Belle Chasse, LA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to change 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. Due to high vehicular traffic during the afternoon,
Plaquemines Parish has requested a change to the operation schedule to
allow the bridge to remain closed-to-navigation for an additional 90
minutes during weekday afternoons to facilitate the movement of
vehicular traffic.
DATES: Comments and related material must reach the Coast Guard on or
before May 26, 2009.
ADDRESSES: You may submit comments identified by Coast Guard docket
number USCG-2008-1158 to the Docket Management Facility at the U.S.
Department of Transportation. To avoid duplication, please use only one
of the following methods:
(1) Online: https://www.regulations.gov.
(2) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
(3) Hand delivery: Room W12-140 on the Ground Floor of the West
Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The
telephone number is 202-366-9329.
(4) Fax: 202-493-2251.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call David Frank, Bridge Administration Branch at 504-671-2128.
If you have questions on viewing or submitting material to the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change, to https://www.regulations.gov and will include any
personal information you have provided. We have an agreement with the
Department of Transportation (DOT) to use the Docket Management
Facility. Please see DOT's ``Privacy Act'' paragraph below.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2008-1158), indicate the specific section of this
document to which each comment applies, and give the reason for each
comment. We recommend that you include your name and a mailing address,
an e-mail address, or a phone number in the body of your document so
that we can contact you if we have questions regarding your submission.
You may submit your comments and material by electronic means, mail,
fax, or delivery to the Docket Management Facility at the address under
ADDRESSES; but please submit your comments and material by only one
means. If you submit them by mail or delivery, submit them in an
unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit them by mail and would
like to
[[Page 13162]]
know that they reached the Facility, please enclose a stamped, self-
addressed postcard or envelope. We will consider all comments and
material received during the comment period. We may change this
proposed rule in view of them.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov at
any time. Enter the docket number for this rulemaking (USCG-2008-1158)
in the Search box, and click ``Go>>.'' You may also visit either the
Docket Management Facility in Room W12-140 on the ground floor of the
DOT West Building, 1200 New Jersey Avenue, SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays or the Bridge Administration Office in Room 1313 of the Hale
Boggs Federal Building, 500 Poydras Street, New Orleans, LA 70130
between 7 a.m. and 3 p.m., Monday through Friday, except Federal
holidays.
Privacy Act
Anyone can search the electronic form of all comments received into
any of our dockets by the name of the individual submitting the comment
(or signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review the Department of
Transportation's Privacy Act Statement in the Federal Register
published on April 11, 2000 (65 FR 19477), or you may visit https://DocketsInfo.dot.gov.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one to the Docket Management Facility at the address under
ADDRESSES explaining why one would be beneficial. If we determine that
one would aid this rulemaking, we will hold one at a time and place
announced by a later notice in the Federal Register.
Background and Purpose
Plaquemines Parish has requested that a regulation regarding the
operation of the SR 23 bridge across the Gulf Intracoastal Waterway
(Algiers Alternate Route), mile 3.8, at Belle Chasse, Plaquemines
Parish, Louisiana to allow for the bridge to remain in the closed-to-
navigation for an additional 90 minutes in the afternoon to facilitate
the movement of vehicular traffic. Presently, the draw need not open
for the passage of vessels in the afternoon from 3:30 p.m. until 5:30
p.m. The request from Plaquemines Parish is to add an additional 90
minutes to the closure in the afternoon so that the draw need not open
for the passage of vessels from 3:30 p.m. until 7 p.m. The Louisiana
Department of Transportation and Development, the owner of the bridge,
has reviewed their bridge tender logs and have estimated that the
schedule change would affect an average of two vessels. It should be
noted that the vertical clearance of the bridge in the closed-to-
navigation position is 40 feet above mean high water in the closed-to-
navigation position so only vessels with vertical clearance
requirements of more than 40 feet will be affected by the proposed
change.
This bridge currently opens on signal, except from 6 a.m. to 8:30
a.m. and from 3:30 p.m. to 5:30 p.m. Monday through Friday, excluding
Federal holidays, during which time the draw need not be opened for the
passage of vessels. Plaquemines Parish has requested that the bridge
remain closed an additional 90 minutes in the afternoon, until 7 p.m.
in the evening to minimize the delays to traffic caused by the opening
of the bridge. A recent traffic study indicates that between 1500 and
2000 vehicles per hour cross the bridge during weekday afternoons. When
the bridge opens for the passage of a vessel at 5:30 p.m., traffic may
back up for more than two miles. As SR 23 is the main highway into and
out of Plaquemines Parish, the traffic backup severely hampers the
ability of emergency responders to transit in the area. Plaquemines
Parish Office of Emergency Management has indicated that the increase
in times in the afternoon will allow for most of the traffic to clear
out of the area. They believe that the request will only cause a minor
increase in delays for vessels wishing to use the area. An alternate
route via the Harvey Canal is available for vessels with vertical
clearances of greater than 40 feet if they do not wish to be delayed.
A Test Deviation, USCG-2008-0069, is being issued in conjunction
with this Notice of Proposed Rulemaking to test the proposed schedule
and to obtain data and public comments. The test period will be in
effect from April 10, 2009 until May 11, 2009. The Coast Guard will
review the logs of the drawbridge and evaluate public comments from
this Notice of Proposed Rulemaking and the above referenced Temporary
Deviation to determine if a permanent change to the special drawbridge
operating regulation is warranted.
The Test Deviation shall allow the draw to open on signal, except
that the draw need not be opened for the passage of vessels from 6 a.m.
to 8:30 a.m. and from 3:30 p.m. to 7 p.m. Monday through Friday,
excluding Federal holidays.
Discussion of Proposed Rule
Plaquemines Parish has requested a change in the operating
regulation which would allow the draw of the bridge to remain in the
closed-to-navigation position for an additional 90 minutes in the
afternoon to facilitate the movement of vehicular traffic in the area.
Presently, the bridge opens on signal, except from 6 a.m. to 8:30 a.m.
and from 3:30 p.m. to 5:30 p.m. Monday through Friday, excluding
Federal holidays, the draw need not be opened for the passage of
vessels.
Plaquemines Parish has requested that an additional 90 minutes be
added on to the afternoon closure to allow the bridge to remain in the
closed-to-navigation position from 3:30 p.m. to 7 p.m., Monday through
Friday, except Federal holidays. The additional time would facilitate
the movement of vehicular traffic through Belle Chasse.
Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order.
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary.
The public would need to notify the bridge owner of a required
opening 14 days in advance rather than 24 hours in advance.
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.
[[Page 13163]]
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, some of which might be small entities: the owners or
operators of vessels with vertical clearances of greater that 40 feet
needing to transit the bridge between the hours of 3:30 p.m. and 5:30
p.m., Monday through Friday, except Federal holidays, would be delayed
an additional 90 minutes until 7 p.m. Vessels that can safely transit
under the bridge may do so at any time. Before the effective period, we
will issue maritime advisories widely available to users of the
waterway.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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 David Frank, Bridge
Administration Branch, at 504-671-2128. The Coast Guard will not
retaliate against small entities that question or complain about this
rule or any policy or action of the Coast Guard.
Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this proposed rule will not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would not affect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed rule under Commandant Instruction
M16475.lD and Department of Homeland Security Management Directive
5100.1, which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is not likely to
have a significant effect on the human environment because it simply
promulgates the operating regulations or procedures for drawbridges. We
seek any comments or information that may lead to the discovery of a
significant environmental impact from this proposed rule.
List of Subjects in 33 CFR Part 117 Bridges.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
1. The authority citation for part 117 continues to read as
follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 0170.1.
Sec. 117.451(b) is revised to read as follows:
Sec. 117.451 Gulf Intracoastal Waterway.
* * * * *
(b) The draw of the SR 23 bridge, Algiers Alternate Route, mile 3.8
at Belle Chasse, shall open on signal;
[[Page 13164]]
except that, from 6 a.m. to 8:30 a.m. and from 3:30 p.m. to 7 p.m.
Monday through Friday, except Federal holidays, the draw need not be
opened for the passage of vessels.
* * * * *
Dated: March 9, 2009.
J.R. Whitehead,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. E9-6668 Filed 3-25-09; 8:45 am]
BILLING CODE 4910-15-P
