Drawbridge Operation Regulation; Sacramento River, Sacramento, CA, 16006-16007 [2010-7249]

Download as PDF 16006 Federal Register / Vol. 75, No. 61 / Wednesday, March 31, 2010 / Rules and Regulations Taking of Private Property This rule will 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 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 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 rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. erowe on DSK5CLS3C1PROD with RULES 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 Information and Regulatory Affairs has not designated this 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 VerDate Nov<24>2008 14:09 Mar 30, 2010 Jkt 220001 technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. We have analyzed this rule under Department of Homeland Security Management Directive 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 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 figure 2–1, paragraph (32)(e), of the Instruction. Under figure 2–1, paragraph (32)(e), of the Instruction, an environmental analysis checklist and a categorical exclusion determination are not required for this rule. List of Subjects in 33 CFR Part 117 Bridges. For the reasons discussed in the preamble, the Coast Guard amends 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. 2. Revise § 117.871 to read as follows: § 117.871 Coos Bay. The draw of the Port of Coos Bay railroad bridge, mile 9.0 at North Bend, shall be maintained in the fully open position, except for the crossing of trains or maintenance. Dated: March 11, 2010. G.T. Blore, Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard District. [FR Doc. 2010–7159 Filed 3–30–10; 8:45 am] BILLING CODE 9110–04–P PO 00000 Frm 00016 Coast Guard 33 CFR Part 117 [Docket No. USCG–2010–0152] Drawbridge Operation Regulation; Sacramento River, Sacramento, CA Coast Guard, DHS. Notice of temporary deviation from regulations. AGENCY: ACTION: Environment ■ DEPARTMENT OF HOMELAND SECURITY Fmt 4700 Sfmt 4700 SUMMARY: The Commander, Eleventh Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the I Street Drawbridge across the Sacramento River, mile 59.4, at Sacramento, CA. The deviation is necessary to allow the bridge owner to make bridge repairs. DATES: This deviation is effective from 8 a.m. to 6 p.m. on March 30, 2010. ADDRESSES: Documents mentioned in this preamble as being available in the docket are part of the docket USCG– 2010–0152 and are available online by going to https://www.regulations.gov, inserting USCG–2010–0152 in the ‘‘Keyword’’ box and then clicking ‘‘Search’’. They are also available for inspection or copying at the Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or e-mail David H. Sulouff, Chief, Bridge Section, Eleventh Coast Guard District; telephone 510–437–3516, e-mail David.H.Sulouff@uscg.mil If you have questions on viewing the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202–366– 9826. SUPPLEMENTARY INFORMATION: Union Pacific Railroad Company requested a temporary change to the operation of the I Street Drawbridge, mile 59.4, over Sacramento River, at Sacramento, CA. The I Street Drawbridge navigation span provides 109 feet vertical clearance above Mean High Water in the full open-to-navigation position, and 30 feet vertical clearance above Mean High Water when closed. The draw opens on signal from May 1 through October 31 from 6 a.m. to 10 p.m. and from November 1 through April 30 from 9 a.m. to 5 p.m. At all other times the draw shall open on signal if at least four hours notice is given, as required by 33 E:\FR\FM\31MRR1.SGM 31MRR1 Federal Register / Vol. 75, No. 61 / Wednesday, March 31, 2010 / Rules and Regulations CFR 117.189(a). Navigation on the waterway is commercial and recreational. The drawspan will be secured in the closed-to-navigation position from 8 a.m. to 6 p.m. on March 30, 2010, to allow the bridge owner to remove and replace the oil in the operating machinery for the drawspan. This temporary deviation has been coordinated with waterway users. There are no scheduled river boat cruises or anticipated levee maintenance during this deviation period. No objections to the proposed temporary deviation were raised. The drawspan can be opened with 2 hours advance notice for emergencies requiring the passage of waterway traffic. Vessels that can transit the bridge, while in the closed-to-navigation position, may continue to do so at any time. 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. ADDRESSES: Dated: March 15, 2010. S.P. Metruck, Captain, U.S. Coast Guard, Acting Commander, Eleventh Coast Guard District. Background and Purpose The Iberville Parish School Board requested a change in the operation regulation for the LA 75 pontoon 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. School bus lines have been rerouted, creating the need to have more time to transit the students over the bridges. Presently, 33 CFR 117.478(a) and (b) states: The draw of the LA 75 bridge, mile 38.4 (Alternate Route) at Bayou Sorrel and 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 of the LA 75 bridge need not be opened from 6 a.m. to 7:30 a.m. and from 3 p.m. to 4:30 p.m. and the draw of the LA 77 bridge 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 draws shall open on signal at any time for an emergency aboard the vessel. Concurrent with the publication of the notice of proposed rulemaking, a test deviation [USCG–2009–0686] was issued to allow the Iberville Parish School Board to test the proposed schedule and to obtain data and public [FR Doc. 2010–7249 Filed 3–30–10; 8:45 am] BILLING CODE 4910–15–P 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 Coast Guard, DHS. Final rule. AGENCY: erowe on DSK5CLS3C1PROD with RULES ACTION: SUMMARY: The Coast Guard is changing the regulation governing the operation of the LA 75 pontoon bridge, mile 38.4, in Iberville Parish, Louisiana. The Iberville Parish School Board requested that the operating regulation of the LA 75 pontoon bridge be changed to add an additional 30 minutes to the end of the morning scheduled closure period to provide more time for school buses to transit across the bridge. The additional time is needed as a result of school redistricting. DATES: This rule is effective April 30, 2010. VerDate Nov<24>2008 14:09 Mar 30, 2010 Jkt 220001 Comments and related materials received from the public, as well as documents mentioned in this preamble as being available in the docket, are part of docket USCG–2009– 0686 and are available online by going to https://www.regulations.gov, inserting USCG–2009–0686 in the ‘‘Keyword’’ box, and then clicking ‘‘Search.’’ This material is also available for inspection or copying at the Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: Regulatory Information On November 10, 2009, we published a notice of proposed rulemaking (NPRM) entitled Drawbridge Operation Regulations; Lower Grand River, Iberville Parish, LA in the Federal Register (74 FR 57884). We received one comment on the proposed rule. No public meeting was requested, and none was held. PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 16007 comments. The test deviation allowed the bridges to operate as follows: The draw of the LA 75 bridge, mile 38.4 (Alternate Route) at Bayou Sorrel and 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 of the LA 75 bridge need not be opened from 6 a.m. to 8 a.m. and from 3 p.m. to 5 p.m. and the draw of the LA 77 bridge 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 draws shall open on signal at any time for an emergency aboard the vessel. The test period was in effect from November 25, 2009 until December 28, 2009. One comment was received on November 11, 2009, before the test deviation went into effect, from a mariner expressing concern about the curfew changes. He is concerned because he believes there is already a congestion problem on the waterway during the closure periods and the additional 30 minutes would make the congestion worse. We did not receive any comments during or after the test deviation. The Coast Guard has reviewed bridge tender logs from before, during, and after the test deviation became effective. The logs do not indicate an appreciable difference in the number of openings with the additional 30 minute closure period. The Coast Guard also reviewed the school buses crossing the bridges during the test deviation. The report indicated that the only time extension needed for the school buses is the morning closure for LA 75 pontoon bridge at Bayou Sorrel. Based on the research and data that was reviewed and the comment that was received, the Coast Guard has determined that the permanent change to the operating regulation for the Bayou Sorrel, LA 75 pontoon bridge morning closure period is warranted. The LA 75 pontoon bridge at Bayou Sorrel afternoon bridge closure and the LA 77 swing bridge at Grosse Tete morning and afternoon closures will remain as they are presently regulated. Discussion of Comments and Changes The Coast Guard received one comment from a mariner on November 11, 2009. Although he recognizes the importance of getting children to school at the proper times, he is worried about the increase in the duration of time that the bridges would be closed because it would add to a current congestion issue during those periods of closure. The Coast Guard has analyzed the data and research on the impact of the time E:\FR\FM\31MRR1.SGM 31MRR1

Agencies

[Federal Register Volume 75, Number 61 (Wednesday, March 31, 2010)]
[Rules and Regulations]
[Pages 16006-16007]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-7249]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2010-0152]


Drawbridge Operation Regulation; Sacramento River, Sacramento, CA

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations.

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SUMMARY: The Commander, Eleventh Coast Guard District, has issued a 
temporary deviation from the regulation governing the operation of the 
I Street Drawbridge across the Sacramento River, mile 59.4, at 
Sacramento, CA. The deviation is necessary to allow the bridge owner to 
make bridge repairs.

DATES: This deviation is effective from 8 a.m. to 6 p.m. on March 30, 
2010.

ADDRESSES: Documents mentioned in this preamble as being available in 
the docket are part of the docket USCG-2010-0152 and are available 
online by going to https://www.regulations.gov, inserting USCG-2010-0152 
in the ``Keyword'' box and then clicking ``Search''. They are also 
available for inspection or copying at the Docket Management Facility 
(M-30), U.S. Department of Transportation, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or e-mail David H. Sulouff, Chief, Bridge Section, Eleventh Coast 
Guard District; telephone 510-437-3516, e-mail David.H.Sulouff@uscg.mil 
If you have questions on viewing the docket, call Renee V. Wright, 
Program Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: Union Pacific Railroad Company requested a 
temporary change to the operation of the I Street Drawbridge, mile 
59.4, over Sacramento River, at Sacramento, CA. The I Street Drawbridge 
navigation span provides 109 feet vertical clearance above Mean High 
Water in the full open-to-navigation position, and 30 feet vertical 
clearance above Mean High Water when closed. The draw opens on signal 
from May 1 through October 31 from 6 a.m. to 10 p.m. and from November 
1 through April 30 from 9 a.m. to 5 p.m. At all other times the draw 
shall open on signal if at least four hours notice is given, as 
required by 33

[[Page 16007]]

CFR 117.189(a). Navigation on the waterway is commercial and 
recreational.
    The drawspan will be secured in the closed-to-navigation position 
from 8 a.m. to 6 p.m. on March 30, 2010, to allow the bridge owner to 
remove and replace the oil in the operating machinery for the drawspan. 
This temporary deviation has been coordinated with waterway users. 
There are no scheduled river boat cruises or anticipated levee 
maintenance during this deviation period. No objections to the proposed 
temporary deviation were raised. The drawspan can be opened with 2 
hours advance notice for emergencies requiring the passage of waterway 
traffic.
    Vessels that can transit the bridge, while in the closed-to-
navigation position, may continue to do so at any time.
    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 15, 2010.
S.P. Metruck,
Captain, U.S. Coast Guard, Acting Commander, Eleventh Coast Guard 
District.
[FR Doc. 2010-7249 Filed 3-30-10; 8:45 am]
BILLING CODE 4910-15-P

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