Drawbridge Operation Regulation; Gulf Intracoastal Waterway (Algiers Alternate Route), Belle Chasse, LA, 13116-13118 [E9-6689]

Download as PDF 13116 Federal Register / Vol. 74, No. 57 / Thursday, March 26, 2009 / Rules and Regulations 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). D. 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). E. 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. F. 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. G. 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. H. 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. I. 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. J. Indian Tribal Governments This rule does not have tribal implications under Executive Order 13175, Consultation and Coordination VerDate Nov<24>2008 16:51 Mar 25, 2009 Jkt 217001 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. concerning the training, qualifying, licensing, and disciplining of maritime personnel. An environmental analysis checklist and a categorical exclusion determination are available in the docket where indicated under ADDRESSES. K. Energy Effects We have analyzed this 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. Harbors, Maritime security, Reporting and recordkeeping requirements, Security measures, Vessels, Waterways. L. 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. M. Environment We have analyzed this rule under Department of Homeland Security Management Directive 0023.1 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 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 is categorically excluded under section 2.B.2, figure 2– 1, paragraph (34)(c) of the Instruction. This rule involves regulations PO 00000 Frm 00062 Fmt 4700 Sfmt 4700 List of Subjects in 33 CFR Part 101 For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 101 as follows: ■ Title 33—Navigation and Navigable Waters CHAPTER I—COAST GUARD PART 101—MARITIME SECURITY: GENERAL 1. The authority citation for part 101 continues to read as follows: ■ Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 U.S.C. 191, 192; Executive Order 12656, 3 CFR 1988 Comp., p. 585; 33 CFR 1.05–1, 6.04–11, 6.14, 6.16, and 6.19; Department of Homeland Security Delegation No. 0170.1. § 101.105 [Amended] 2. In § 101.105, in the definition for ‘‘secure area’’, remove the words ‘‘Commonwealth of Northern Mariana Islands’’ and add, in their place, the words ‘‘Commonwealth of the Northern Mariana Islands and American Samoa’’. ■ Dated: March 19, 2009. Brian M. Salerno, Rear Admiral, U.S. Coast Guard, Assistant Commandant for Marine Safety, Security, and Stewardship. [FR Doc. E9–6833 Filed 3–24–09; 11:15 am] BILLING CODE 4910–15–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [USCG–2008–0069] Drawbridge Operation Regulation; Gulf Intracoastal Waterway (Algiers Alternate Route), Belle Chasse, LA Coast Guard, DHS. Notice of temporary deviation from regulations; request for comments. 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 E:\FR\FM\26MRR1.SGM 26MRR1 Federal Register / Vol. 74, No. 57 / Thursday, March 26, 2009 / Rules and Regulations Waterway (Algiers Alternate Route), mile 3.8, at Belle Chasse, Plaquemines Parish, Louisiana. This deviation will test a change to the drawbridge operation schedule to determine whether a permanent change to the schedule is needed. This test deviation will 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, except Federal holidays. DATES: This deviation is effective from April 10, 2009 until May 11, 2009. ADDRESSES: You may submit comments identified by Coast Guard docket number USCG–2008–0069 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, telephone (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–2008–0069, indicate VerDate Nov<24>2008 16:51 Mar 25, 2009 Jkt 217001 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, click on ‘‘Search for Dockets,’’ and enter the docket number for this rulemaking USCG–2008–0069 in the Docket ID box, and click enter. You may also visit 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. 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. 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 PO 00000 Frm 00063 Fmt 4700 Sfmt 4700 13117 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 has reviewed their bridge tender logs and have estimated that the change in the schedule affects 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 that, from 6 a.m. to 8:30 a.m. and from 3:30 p.m. to 5:30 p.m. Monday through Friday, except Federal holidays, 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. During this test deviation, a count of the delayed vessels during the closure periods will be taken to ensure a future regulation will not have a significant impact on navigation. This test deviation has been coordinated with the main commercial waterway user group that has vessels transiting in this area, and currently there is no expectation of any significant impacts on navigation. The deviation period will be from April 10, 2009 until May 11, 2009, and the operating schedule is, the draw shall open on signal; except that, the draw need not be opened from 6 a.m. to 8:30 a.m., and from 3:30 p.m. to 7 p.m., E:\FR\FM\26MRR1.SGM 26MRR1 13118 Federal Register / Vol. 74, No. 57 / Thursday, March 26, 2009 / Rules and Regulations Monday through Friday except Federal holidays. A Notice of Proposed Rule Making, USCG–2008–1158, is being issued in conjunction with this Temporary Deviation to obtain public comments. The Notice of Proposed Rule Making will be in effect for two months from March 26, 2009 until May 26, 2009. The Coast Guard will evaluate public comments from this Temporary Deviation and the above referenced Notice of Proposed Rule Making to determine if a permanent change to the drawbridge operating regulation at 33 CFR 117.451(b) is warranted. 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: March 9, 2009. David M. Frank, Bridge Administrator. [FR Doc. E9–6689 Filed 3–25–09; 8:45 am] BILLING CODE 4910–15–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 Dated: March 9, 2009. Bruce C. Jones, Captain, U.S. Coast Guard, Captain of the Port Lake Michigan. [FR Doc. E9–6809 Filed 3–25–09; 8:45 am] [Docket No. USCG–2009–0144] Safety Zone; Chicago Harbor, Navy Pier Southeast, Chicago, IL Coast Guard, DHS. ACTION: Notice of enforcement. AGENCY: BILLING CODE 4910–15–P SUMMARY: The Coast Guard will enforce the Navy Pier Southeast Safety Zone in Chicago Harbor in April 2009. This action is necessary to protect vessels and people from the hazards associated with fireworks displays. This safety zone will restrict vessel traffic from a portion of the Captain of the Port Lake Michigan Zone. DATES: The regulations in 33 CFR 165.931 will be enforced from 7:30 p.m. through 8:30 p.m. on April 4, 2009, and from 7:30 p.m. through 8:30 p.m. on April 11, 2009. FOR FURTHER INFORMATION CONTACT: LCDR Bannan, Prevention Department, Coast Guard Sector Lake Michigan, Milwaukee, WI, at (414) 747–7154. SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the Safety Zone, Navy Pier Southeast, Chicago Harbor, Chicago, IL, 33 CFR 165.931, for the following events: VerDate Nov<24>2008 16:51 Mar 25, 2009 Jkt 217001 (1) Navy Pier Private Party; on April 4, 2009, from 7:30 p.m. through 8:30 p.m. (2) Navy Pier Private Party; on April 11, 2009, from 7:30 p.m. through 8:30 p.m. All vessels must obtain permission from the Captain of the Port or designated representative to enter, move within, or exit the safety zone. Vessels and persons granted permission to enter the safety zone shall obey all lawful orders or directions of the Captain of the Port or designated representative. While within the safety zone, all vessels shall operate at the minimum speed necessary to maintain a safe course. This notice is issued under authority of 33 CFR 165.931, Safety Zone, Navy Pier Southeast, Chicago Harbor, Chicago, IL (72 FR 32520, Jun. 13, 2007), and 5 U.S.C. 552(a). In addition to this notice in the Federal Register, the Coast Guard will provide the maritime community with advance notification of these enforcement periods via broadcast Notice to Mariners and Local Notice to Mariners. The Captain of the Port will issue a Broadcast Notice to Mariners notifying the public when enforcement of the safety zone established by this section is suspended. The Captain of the Port may be contacted via U.S. Coast Guard Sector Lake Michigan on channel 16, VHF–FM. ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R04–OAR–2007–0359–200823(a); FRL8781–7] Approval and Promulgation of Implementation Plans; Revisions to the Alabama State Implementation Plan; Birmingham and Jackson Counties AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. SUMMARY: EPA is taking direct final action to approve revisions to the Alabama State Implementation Plan (SIP) for two separate areas: Birmingham nonattainment area and Jackson County nonattainment area for both the 8-hour ozone and the PM2.5 National Ambient Air Quality Standard. PO 00000 Frm 00064 Fmt 4700 Sfmt 4700 On March 7, 2007, and on January 8, 2009, revisions of the transportation conformity criteria and procedures related to interagency consultation and enforceability of certain transportationrelated control measures and mitigation measures were submitted to EPA for approval by the state of Alabama. The intended effect is to update the transportation conformity criteria and procedures in the Alabama SIP. DATES: This direct final rule is effective May 26, 2009 without further notice, unless EPA receives adverse comment by April 27, 2009 If EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R04– OAR–2007–0359, by one of the following methods: (a) https://www.regulations.gov: Follow the on-line instructions for submitting comments. (b) E-mail: wood.amanetta@epa.gov. (c) Fax: (404) 562–9019. (d) Mail: ‘‘EPA–R04–OAR–2007– 0359,’’ Air Quality Modeling and Transportation Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303–8960. (e) Hand Delivery or Courier: Amanetta Wood, Air Quality Modeling and Transportation Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303–8960. Such deliveries are only accepted during the Regional Office’s normal hours of operation. The Regional Office’s official hours of business are Monday through Friday, 8:30 to 4:30, excluding Federal holidays. Instructions: Direct your comments to Docket ID No. ‘‘EPA–R04–OAR–2007– 0359.’’ EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at https://www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit through https://www.regulations.gov or e-mail, information that you consider to be CBI or otherwise protected. The https://www.regulations.gov Web site is an ‘‘anonymous access’’ system, which E:\FR\FM\26MRR1.SGM 26MRR1

Agencies

[Federal Register Volume 74, Number 57 (Thursday, March 26, 2009)]
[Rules and Regulations]
[Pages 13116-13118]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-6689]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[USCG-2008-0069]


Drawbridge Operation Regulation; Gulf Intracoastal Waterway 
(Algiers Alternate Route), Belle Chasse, LA

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations; request for 
comments.

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

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

[[Page 13117]]

Waterway (Algiers Alternate Route), mile 3.8, at Belle Chasse, 
Plaquemines Parish, Louisiana. This deviation will test a change to the 
drawbridge operation schedule to determine whether a permanent change 
to the schedule is needed. This test deviation will 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, except Federal holidays.

DATES: This deviation is effective from April 10, 2009 until May 11, 
2009.

ADDRESSES: You may submit comments identified by Coast Guard docket 
number USCG-2008-0069 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, telephone (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-2008-0069, 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, click on ``Search for Dockets,'' and enter the docket number 
for this rulemaking USCG-2008-0069 in the Docket ID box, and click 
enter. You may also visit 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.

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.

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 has reviewed their bridge 
tender logs and have estimated that the change in the schedule affects 
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 that, from 6 a.m. to 
8:30 a.m. and from 3:30 p.m. to 5:30 p.m. Monday through Friday, except 
Federal holidays, 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.
    During this test deviation, a count of the delayed vessels during 
the closure periods will be taken to ensure a future regulation will 
not have a significant impact on navigation. This test deviation has 
been coordinated with the main commercial waterway user group that has 
vessels transiting in this area, and currently there is no expectation 
of any significant impacts on navigation.
    The deviation period will be from April 10, 2009 until May 11, 
2009, and the operating schedule is, the draw shall open on signal; 
except that, the draw need not be opened from 6 a.m. to 8:30 a.m., and 
from 3:30 p.m. to 7 p.m.,

[[Page 13118]]

Monday through Friday except Federal holidays.
    A Notice of Proposed Rule Making, USCG-2008-1158, is being issued 
in conjunction with this Temporary Deviation to obtain public comments. 
The Notice of Proposed Rule Making will be in effect for two months 
from March 26, 2009 until May 26, 2009. The Coast Guard will evaluate 
public comments from this Temporary Deviation and the above referenced 
Notice of Proposed Rule Making to determine if a permanent change to 
the drawbridge operating regulation at 33 CFR 117.451(b) is warranted.
    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: March 9, 2009.
David M. Frank,
Bridge Administrator.
 [FR Doc. E9-6689 Filed 3-25-09; 8:45 am]
BILLING CODE 4910-15-P
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