Drawbridge Operation Regulation; Lower Grand River, Iberville Parish, LA, 57975-57978 [E9-26985]

Download as PDF srobinson on DSKHWCL6B1PROD with PROPOSALS Federal Register / Vol. 74, No. 216 / Tuesday, November 10, 2009 / Proposed Rules III. Public Participation Approximately 35 participants will be accommodated in each meeting, and three hours will be allotted for each meeting. Members of the general public may observe, but not participate in, the meetings on a first-come, first-served basis as space permits. OSHA staff will be present to take part in the discussions. Logistics for the meetings are being managed by Eastern Research Group, which will provide a facilitator and compile notes summarizing the discussion; these notes will not identify individual speakers. ERG also will make an audio recording of each session to ensure that the summary notes are accurate; these recordings will not be transcribed. The summary notes will be posted on the docket for the Combustible Dust ANPR, Docket ID: OSHA2009–0023, available at the Web site https://www.regulations.gov. The meetings are as follows: • December 14, 2009, 9 a.m., Marriott at Metro Center, 775 12th Street, NW., Washington, DC 20005. • December 14, 2009, 1 p.m., Marriott at Metro Center, 775 12th Street, NW., Washington, DC 20005. • The 2010 meeting dates and locations will be announced in one or more subsequent notices. You may submit notice of intent to participate in one of the stakeholder meetings electronically, by facsimile, or by hard copy. See the ADDRESSES section of this notice for the registration Web site, facsimile number, and address. To register electronically, follow the instructions provided on the Web site. To register by mail or facsimile, please indicate the following: • Name, address, phone, fax, and email. • First and second preferences of meeting time. • Organization for which you work. • Organization you represent (if different). • Stakeholder category: government, industry, standards-developing organization, research or testing agency, union, trade association, insurance, fire protection equipment manufacturer, consultant, or other (if other, please be specific). • Industry sector (if applicable): metals, wood products, grain or wet corn milling, food (including sugar), pharmaceutical or chemical manufacturing, paper products, rubber or plastics, coal, or other (if other, please be specific). Electronic copies of this Federal Register notice, as well as news releases and other relevant documents, are available on the OSHA Web page at: https://www.osha.gov. VerDate Nov<24>2008 16:37 Nov 09, 2009 Jkt 220001 IV. Authority and Signature This document was prepared under the direction of Jordan Barab, Acting Assistant Secretary of Labor for Occupational Safety and Health, U.S. Department of Labor, pursuant to sections 4, 6, and 8 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657), 29 CFR part 1911, and Secretary’s Order 5–2007 (72 FR 31160). Signed at Washington, DC, on November 5th, 2009. Jordan Barab, Acting Assistant Secretary of Labor for Occupational Safety and Health. [FR Doc. E9–27003 Filed 11–9–09; 8:45 am] BILLING CODE 4510–26–P DEPARTMENT OF HOMELAND SECURITY 33 CFR Part 117 [Docket No. USCG–2009–0686] RIN 1625–AA09 Drawbridge Operation Regulation; Lower Grand River, Iberville Parish, LA Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: The Coast Guard proposes to change the regulations governing the operation of the LA 75 pontoon bridge and the LA 77 swing bridge across the Lower Grand River, mile 38.4 and 47.0 respectively, in Iberville Parish, Louisiana. The Iberville Parish School Board has requested that the operating regulations of these bridges be changed to allow an additional 30 minutes to the end of each scheduled closure period to provide more time for school buses to transit across the bridge. DATES: Comments, requests for public meetings, and related material must be received by the Coast Guard on or before January 11, 2010. ADDRESSES: You may submit comments identified by docket number USCG– 2009–0686 using any one of the following methods: (1) Federal eRulemaking Portal: https://www.regulations.gov. (2) Fax: 202–493–2251. (3) 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. (4) Hand Delivery: Same as mail address above, between 9 a.m. and 5 p.m., Monday through Friday, except SUMMARY: PO 00000 Frm 00026 Federal holidays. The telephone number is 202–366–9329. To avoid duplication, please use only one of these methods. See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section below for instructions on submitting comments. FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed rule, call or e-mail Lindsey Middleton, Bridge Administration Branch, Eighth Coast Guard District; telephone 504– 671–2128, e-mail Lindsey.R.Middleton@uscg.mil. If you have questions on viewing or submitting material to the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202–366–9826. SUPPLEMENTARY INFORMATION: Public Participation and Request for Comments Coast Guard ACTION: 57975 Fmt 4702 Sfmt 4702 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. Submitting Comments If you submit a comment, please include the docket number for this rulemaking (USCG–2009–0686), indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. You may submit your comments and material online (https:// www.regulations.gov), or by fax, mail or hand delivery, but please use only one of these means. If you submit a comment online via https:// www.regulations.gov, it will be considered received by the Coast Guard when you successfully transmit the comment. If you fax, hand deliver, or mail your comment, it will be considered as having been received by the Coast Guard when it is received at the Docket Management Facility. 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. To submit your comment online, go to https://www.regulations.gov, click on the ‘‘submit a comment’’ box, which will then become highlighted in blue. In the ‘‘Document Type’’ drop down menu select ‘‘Proposed Rules’’ and insert ‘‘USCG–2009–0686’’ in the ‘‘Keyword’’ E:\FR\FM\10NOP1.SGM 10NOP1 57976 Federal Register / Vol. 74, No. 216 / Tuesday, November 10, 2009 / Proposed Rules box. Click ‘‘Search’’ then click on the balloon shape in the ‘‘Actions’’ column. If you submit your comments by mail or hand 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 and may change the rule based on your comments. 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, click on the ‘‘read comments’’ box, which will then become highlighted in blue. In the ‘‘Keyword’’ box insert ‘‘USCG–2009– 0686’’ and click ‘‘Search.’’ Click the ‘‘Open Docket Folder’’ in the ‘‘Actions’’ column. You may also visit either the Docket Management Facility in Room W12–140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. We have an agreement with the Department of Transportation to use the Docket Management Facility. Privacy Act Anyone can search the electronic form of 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 a Privacy Act notice regarding our public dockets in the January 17, 2008, issue of the Federal Register (73 FR 3316). srobinson on DSKHWCL6B1PROD with PROPOSALS Public Meeting We do not now plan to hold a public meeting. But you may submit a request for one using one of the four methods specified under ADDRESSES. Please explain 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 Iberville Parish School Board has requested a change in the operation regulation for the LA 75 pontoon bridge and the LA 77 swing bridge across the Lower Grand River, mile 38.4 and 47.0, respectively, in Iberville Parish, Louisiana. The change would add an additional 30 minutes to the end of each VerDate Nov<24>2008 16:37 Nov 09, 2009 Jkt 220001 scheduled closure period to provide more time for school buses to transit across the bridge. Extra time is now needed because one of Iberville Parish’s high schools has been closed. As a result, students have been redistricted creating the need for buses to have more time to transit the students over the bridges to get to and from school. Presently, 33 CFR 117.478 (a) states: The draw of the LA 75 bridge, mile 38.4 (Alternate Route) at Bayou Sorrel, shall open on signal; except that, from about August 15 to about June 5 (the school year), the draw need not be opened from 6 a.m. to 7:30 a.m. and from 3 p.m. to 4:30 p.m., Monday through Friday except holidays. The draw shall open on signal at any time for an emergency aboard a vessel. Presently, 33 CFR 117.478 (b) states: The draw of the LA 77 bridge, mile 47.0 (Alternate Route) at Grosse Tete, shall open on signal; except that from about August 15 to about June 5 (the school year), the draw need not be opened from 6 a.m. to 8 a.m. and from 2:30 p.m. to 4:30 p.m., Monday through Friday except Federal holidays. The draw shall open on signal at any time for an emergency aboard a vessel. Discussion of Proposed Rule The proposed changes will allow the bridges to operate as follows: The draw of the LA 75 bridge, mile 38.4 (Alternate Route) at Bayou Sorrel, shall open on signal; except that, from about August 15 to about June 5 (the school year), the draw need not be opened from 6 a.m. to 8 a.m. and from 3 p.m. to 5 p.m., Monday through Friday except holidays. The draw shall open on signal at any time for an emergency aboard a vessel. The draw of the LA 77 bridge, mile 47.0 (Alternate Route) at Grosse Tete, shall open on signal; except that from about August 15 to about June 5 (the school year), the draw need not be opened from 6 a.m. to 8:30 a.m. and from 2:30 p.m. to 5 p.m., Monday through Friday except Federal holidays. The draw shall open on signal at any time for an emergency aboard a vessel. A Test Deviation, following the aforementioned operating schedules under docket number USCG–2009– 0686, is being issued in conjunction with this Notice of Proposed Rulemaking to test the proposed schedules and to obtain data and public comments. The test period will be in effect from November 25, 2009 until December 28, 2009. The Coast Guard will review the logs of the drawbridges and evaluate public comments for this Notice of Proposed Rulemaking and the above referenced Temporary Deviation to determine if a permanent special PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 drawbridge operating regulation is warranted. 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 proposed changes would allow the bridges to remain closed-to-navigation for an additional 30 minutes in the morning and afternoon. Very few vessels will be impacted or backed up, and those few vessels should be able to modify their transit times accordingly. 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. The proposed rule would affect the following entities, some of which might be small entities: The owners or operators of vessels needing to transit through the LA 75 bridge from 6 a.m. to 8 a.m. and from 3 p.m. to 5 p.m. on weekdays and the owners or operators of vessels needing to transit through the LA 77 bridge from 6 a.m. to 8:30 a.m. and from 2:30 p.m. to 5 p.m. on weekdays. Due to the minimal time adjustment of each bridge closure there should only be a small number of vessels that may be impacted by the proposed rule. This action will not have a significant economic impact on a substantial number of small entities for the E:\FR\FM\10NOP1.SGM 10NOP1 Federal Register / Vol. 74, No. 216 / Tuesday, November 10, 2009 / Proposed Rules following reasons: This rule will be in effect for only 30 additional minutes in the morning and in the afternoon on weekdays when school is in session. Once that time period has ended, vessels can safely transit through the bridge. Before the effective period, we will issue maritime advisories which will be widely available to users of the river. 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 Lindsey Middleton, Bridge Administration Branch, at 504–671–2128 or e-mail at Lindsey.R.Middleton@uscg.mil. The Coast Guard will not retaliate against small entities that question or complain about this proposed 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). srobinson on DSKHWCL6B1PROD with PROPOSALS 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. VerDate Nov<24>2008 16:37 Nov 09, 2009 Jkt 220001 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 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 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 PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 57977 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 Department of Homeland Security Management Directive 023–01, and Commandant Instruction M16475.lD which guides the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321–4370f), and have made a preliminary determination that this action is one of a category of actions which do not individually or cumulatively 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. 2. In § 117.478 revise paragraph (a) and paragraph (b) to read as follows: § 117.478 Lower Grand River. (a) The draw of the LA 75 bridge, mile 38.4 (Alternate Route) at Bayou Sorrel, shall open on signal; except that from about August 15 to about June 5 (the school year), the draw need not be opened from 6 a.m. to 8 a.m. and from 3 p.m. to 5 p.m., Monday through Friday except holidays. The draw shall open on signal at any time for an emergency aboard a vessel. E:\FR\FM\10NOP1.SGM 10NOP1 57978 Federal Register / Vol. 74, No. 216 / Tuesday, November 10, 2009 / Proposed Rules (b) The draw of the LA 77 bridge, mile 47.0 (Alternate Route) at Grosse Tete, shall open on signal; except that, from about August 15 to about June 5 (the school year), the draw need not be opened from 6 a.m. to 8:30 a.m. and from 2:30 p.m. to 5 p.m., Monday through Friday except Federal holidays. The draw shall open on signal at any time for an emergency aboard a vessel. * * * * * Dated: October 14, 2009. J.E. Tunstall, Captain, U.S. Coast Guard Commander, 8th Coast Guard District, Acting. [FR Doc. E9–26985 Filed 11–9–09; 8:45 am] West Jackson Boulevard, Chicago, Illinois 60604. Such deliveries are only accepted during the Regional Office normal hours of operation, and special arrangements should be made for deliveries of boxed information. The Regional Office official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m. excluding Federal holidays. Please see the direct final rule which is located in the Rules section of this Federal Register for detailed instructions on how to submit comments. 40 CFR Part 52 FOR FURTHER INFORMATION CONTACT: Matt Rau, Environmental Engineer, Criteria Pollutant Section, Air Programs Branch (AR–18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886–6524, rau.matthew@epa.gov. [EPA–R05–OAR–2008–0783; FRL–8972–1] SUPPLEMENTARY INFORMATION: BILLING CODE 4910–15–P ENVIRONMENTAL PROTECTION AGENCY Approval and Promulgation of Air Quality Implementation Plans; Indiana AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. srobinson on DSKHWCL6B1PROD with PROPOSALS SUMMARY: EPA is proposing to approve sulfur dioxide, particulate matter, and nitrogen oxides emission limitations and related requirements for a Warrick County electrical generating unit. The provisions, which will be added for the Southern Indiana Gas and Electric Company’s F.B. Culley Generating Station, are contained in a Federal consent decree. Indiana requested revising its State Implementation Plan (SIP) to include the provisions on September 11, 2008. Adding these limitations will strengthen the Indiana SIP. DATES: Comments must be received on or before December 10, 2009. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R05– OAR–2008–0783, by one of the following methods: 1. https://www.regulations.gov: Follow the on-line instructions for submitting comments. 2. E-mail: mooney.john@epa.gov. 3. Fax: (312) 692–2551. 4. Mail: John M. Mooney, Chief, Criteria Pollutant Section, Air Programs Branch (AR–18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. 5. Hand Delivery: John M. Mooney, Chief, Criteria Pollutant Section, Air Programs Branch (AR–18J), U.S. Environmental Protection Agency, 77 VerDate Nov<24>2008 16:37 Nov 09, 2009 Jkt 220001 In the Final Rules section of this Federal Register, EPA is approving the State’s SIP submittal as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to this rule, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment. For additional information, see the direct final rule which is located in the Rules section of this Federal Register. Dated: October 13, 2009. Walter W. Kovalick Jr., Acting Regional Administrator, Region 5. [FR Doc. E9–26950 Filed 11–9–09; 8:45 am] BILLING CODE 6560–50–P PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R04–OAR–2005–AL–0002–200924; FRL–8979–7] Approval and Promulgation of Implementation Plans: Alabama: Proposed Approval of Revisions to the Visible Emissions Rule and Alternative Proposed Disapproval of Revisions to the Visible Emissions Rule; Extension of Comment Period AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule; extension of comment period. SUMMARY: EPA is announcing an extension of the public comment period for the proposed rule entitled ‘‘Approval and Promulgation of Implementation Plans; Alabama: Proposed Approval of Revisions to the Visible Emissions Rule and Alternative Proposed Disapproval of Revisions to the Visible Emissions Rule.’’ The proposed rule was initially published in the Federal Register on October 2, 2009. Written comments on the proposed rule were to be submitted to EPA on or before November 16, 2009 (45-day comment period). EPA is extending the public comment period until December 16, 2009. DATES: The comment period for the proposed rule published on October 2, 2009 (74 FR 50930), is extended. Comments must be received on or before December 16, 2009. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R04– OAR–2005–AL–0002, by one of the following methods: 1. https://www.regulations.gov: Follow the on-line instructions for submitting comments. 2. E-mail: benjamin.lynorae@epa.gov. 3. Fax: 404–562–9019. 4. Mail: ‘‘EPA–R04–OAR–2005–AL– 0002,’’ Regulatory Development 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. 5. Hand Delivery or Courier: Lynorae Benjamin, Regulatory Development 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 E:\FR\FM\10NOP1.SGM 10NOP1

Agencies

[Federal Register Volume 74, Number 216 (Tuesday, November 10, 2009)]
[Proposed Rules]
[Pages 57975-57978]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-26985]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2009-0686]
RIN 1625-AA09


Drawbridge Operation Regulation; Lower Grand River, Iberville 
Parish, LA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to change the regulations governing 
the operation of the LA 75 pontoon bridge and the LA 77 swing bridge 
across the Lower Grand River, mile 38.4 and 47.0 respectively, in 
Iberville Parish, Louisiana. The Iberville Parish School Board has 
requested that the operating regulations of these bridges be changed to 
allow an additional 30 minutes to the end of each scheduled closure 
period to provide more time for school buses to transit across the 
bridge.

DATES: Comments, requests for public meetings, and related material 
must be received by the Coast Guard on or before January 11, 2010.

ADDRESSES: You may submit comments identified by docket number USCG-
2009-0686 using any one of the following methods:
    (1) Federal eRulemaking Portal: https://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) 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.
    (4) Hand Delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these methods. See the 
``Public Participation and Request for Comments'' portion of the 
SUPPLEMENTARY INFORMATION section below for instructions on submitting 
comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or e-mail Lindsey Middleton, Bridge Administration Branch, 
Eighth Coast Guard District; telephone 504-671-2128, e-mail 
Lindsey.R.Middleton@uscg.mil. If you have questions on viewing or 
submitting material to the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

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.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2009-0686), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (https://www.regulations.gov), or by fax, mail or hand delivery, 
but please use only one of these means. If you submit a comment online 
via https://www.regulations.gov, it will be considered received by the 
Coast Guard when you successfully transmit the comment. If you fax, 
hand deliver, or mail your comment, it will be considered as having 
been received by the Coast Guard when it is received at the Docket 
Management Facility. 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.
    To submit your comment online, go to https://www.regulations.gov, 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. In the ``Document Type'' drop down menu select 
``Proposed Rules'' and insert ``USCG-2009-0686'' in the ``Keyword''

[[Page 57976]]

box. Click ``Search'' then click on the balloon shape in the 
``Actions'' column. If you submit your comments by mail or hand 
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 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 
and may change the rule based on your comments.

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, 
click on the ``read comments'' box, which will then become highlighted 
in blue. In the ``Keyword'' box insert ``USCG-2009-0686'' and click 
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column. 
You may also visit either the Docket Management Facility in Room W12-
140 on the ground floor of the Department of Transportation West 
Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. We 
have an agreement with the Department of Transportation to use the 
Docket Management Facility.

Privacy Act

    Anyone can search the electronic form of 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 a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one using one of the four methods specified under 
ADDRESSES. Please explain 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 Iberville Parish School Board has requested a change in the 
operation regulation for the LA 75 pontoon bridge and the LA 77 swing 
bridge across the Lower Grand River, mile 38.4 and 47.0, respectively, 
in Iberville Parish, Louisiana. The change would add an additional 30 
minutes to the end of each scheduled closure period to provide more 
time for school buses to transit across the bridge. Extra time is now 
needed because one of Iberville Parish's high schools has been closed. 
As a result, students have been redistricted creating the need for 
buses to have more time to transit the students over the bridges to get 
to and from school.
    Presently, 33 CFR 117.478 (a) states: The draw of the LA 75 bridge, 
mile 38.4 (Alternate Route) at Bayou Sorrel, shall open on signal; 
except that, from about August 15 to about June 5 (the school year), 
the draw need not be opened from 6 a.m. to 7:30 a.m. and from 3 p.m. to 
4:30 p.m., Monday through Friday except holidays. The draw shall open 
on signal at any time for an emergency aboard a vessel.
    Presently, 33 CFR 117.478 (b) states: The draw of the LA 77 bridge, 
mile 47.0 (Alternate Route) at Grosse Tete, shall open on signal; 
except that from about August 15 to about June 5 (the school year), the 
draw need not be opened from 6 a.m. to 8 a.m. and from 2:30 p.m. to 
4:30 p.m., Monday through Friday except Federal holidays. The draw 
shall open on signal at any time for an emergency aboard a vessel.

Discussion of Proposed Rule

    The proposed changes will allow the bridges to operate as follows: 
The draw of the LA 75 bridge, mile 38.4 (Alternate Route) at Bayou 
Sorrel, shall open on signal; except that, from about August 15 to 
about June 5 (the school year), the draw need not be opened from 6 a.m. 
to 8 a.m. and from 3 p.m. to 5 p.m., Monday through Friday except 
holidays. The draw shall open on signal at any time for an emergency 
aboard a vessel. The draw of the LA 77 bridge, mile 47.0 (Alternate 
Route) at Grosse Tete, shall open on signal; except that from about 
August 15 to about June 5 (the school year), the draw need not be 
opened from 6 a.m. to 8:30 a.m. and from 2:30 p.m. to 5 p.m., Monday 
through Friday except Federal holidays. The draw shall open on signal 
at any time for an emergency aboard a vessel.
    A Test Deviation, following the aforementioned operating schedules 
under docket number USCG-2009-0686, is being issued in conjunction with 
this Notice of Proposed Rulemaking to test the proposed schedules and 
to obtain data and public comments. The test period will be in effect 
from November 25, 2009 until December 28, 2009. The Coast Guard will 
review the logs of the drawbridges and evaluate public comments for 
this Notice of Proposed Rulemaking and the above referenced Temporary 
Deviation to determine if a permanent special drawbridge operating 
regulation is warranted.

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 proposed 
changes would allow the bridges to remain closed-to-navigation for an 
additional 30 minutes in the morning and afternoon. Very few vessels 
will be impacted or backed up, and those few vessels should be able to 
modify their transit times accordingly.

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.
    The proposed rule would affect the following entities, some of 
which might be small entities: The owners or operators of vessels 
needing to transit through the LA 75 bridge from 6 a.m. to 8 a.m. and 
from 3 p.m. to 5 p.m. on weekdays and the owners or operators of 
vessels needing to transit through the LA 77 bridge from 6 a.m. to 8:30 
a.m. and from 2:30 p.m. to 5 p.m. on weekdays. Due to the minimal time 
adjustment of each bridge closure there should only be a small number 
of vessels that may be impacted by the proposed rule.
    This action will not have a significant economic impact on a 
substantial number of small entities for the

[[Page 57977]]

following reasons: This rule will be in effect for only 30 additional 
minutes in the morning and in the afternoon on weekdays when school is 
in session. Once that time period has ended, vessels can safely transit 
through the bridge. Before the effective period, we will issue maritime 
advisories which will be widely available to users of the river.
    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 Lindsey Middleton, Bridge 
Administration Branch, at 504-671-2128 or e-mail at 
Lindsey.R.Middleton@uscg.mil. The Coast Guard will not retaliate 
against small entities that question or complain about this proposed 
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 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 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 Department of Homeland 
Security Management Directive 023-01, and Commandant Instruction 
M16475.lD which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have made a preliminary determination that this action is one of a 
category of actions which do not individually or cumulatively 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.

    2. In Sec.  117.478 revise paragraph (a) and paragraph (b) to read 
as follows:


Sec.  117.478  Lower Grand River.

    (a) The draw of the LA 75 bridge, mile 38.4 (Alternate Route) at 
Bayou Sorrel, shall open on signal; except that from about August 15 to 
about June 5 (the school year), the draw need not be opened from 6 a.m. 
to 8 a.m. and from 3 p.m. to 5 p.m., Monday through Friday except 
holidays. The draw shall open on signal at any time for an emergency 
aboard a vessel.

[[Page 57978]]

    (b) The draw of the LA 77 bridge, mile 47.0 (Alternate Route) at 
Grosse Tete, shall open on signal; except that, from about August 15 to 
about June 5 (the school year), the draw need not be opened from 6 a.m. 
to 8:30 a.m. and from 2:30 p.m. to 5 p.m., Monday through Friday except 
Federal holidays. The draw shall open on signal at any time for an 
emergency aboard a vessel.
* * * * *

    Dated: October 14, 2009.
J.E. Tunstall,
Captain, U.S. Coast Guard Commander, 8th Coast Guard District, Acting.
[FR Doc. E9-26985 Filed 11-9-09; 8:45 am]
BILLING CODE 4910-15-P
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