Drawbridge Operation Regulation; Atchafalaya River, Melville, LA, 51942-51943 [2010-20925]

Download as PDF 51942 Federal Register / Vol. 75, No. 163 / Tuesday, August 24, 2010 / Rules and Regulations 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. wwoods2 on DSK1DXX6B1PROD with RULES_PART 1 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. 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. Environment We have analyzed this rule under Department of Homeland Security VerDate Mar<15>2010 15:10 Aug 23, 2010 Jkt 220001 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. Section 117.739 is amended by revising paragraph (n) to read as follows: ■ § 117.739 Passaic River. * * * * * (n) The draw of the Route 3 Bridge, mile 11.8, need not be opened for the passage of vessel traffic. * * * * * Dated: August 12, 2010. Daniel A. Neptun, Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District. [FR Doc. 2010–20926 Filed 8–23–10; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2010–0778] Drawbridge Operation Regulation; Atchafalaya River, Melville, LA Coast Guard, DHS. Notice of temporary deviation from regulations. AGENCY: ACTION: The Commander, Eighth Coast Guard District, has issued a temporary deviation from the regulation SUMMARY: PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 governing the operation of the Union Pacific Railroad vertical lift bridge across the Atchafalaya River, mile 107.4, at Melville, St. Landry and Point Coupee Parishes, Louisiana. The deviation is necessary to perform asbestos abatement work to the draw tender’s house. This deviation allows the bridge to open on signal if at least a three hour advance notice is given from September 9, 2010 through October 9, 2010. DATES: This deviation is effective from 6 a.m. on Thursday, September 9, 2010 through 6 p.m. on Saturday, October 9, 2010. ADDRESSES: Documents mentioned in this preamble as being available in the docket are part of docket USCG–2010– 0778 and are available online by going to http://www.regulations.gov, inserting USCG–2010–0687 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 Frank, Bridge Administration Branch, Coast Guard; telephone 504–671–2128, e-mail Kay.B.Wade@uscg.mil. If you have questions on viewing the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202–366– 9826. SUPPLEMENTARY INFORMATION: The Union Pacific Railroad has requested a temporary deviation from the operating schedule for the vertical lift span bridge across the Atchafalaya River, mile 107.4, at Melville, St. Landry and Point Coupee Parishes, Louisiana. The bridge has a vertical clearance of 4 feet above mean high water in the closed-tonavigation position and 54 feet above mean high water in the open-tonavigation position. In accordance with 33 CFR 117.5, the bridge currently opens on signal for the passage of vessels. This deviation allows the vertical lift span of the bridge to open on signal if at least a three hour advanced notice is given from 6 a.m. Thursday, September 9, 2010 through 6 p.m. on Saturday, October 9, 2010. The closure is necessary in order to conduct asbestos abatement work on the draw tender’s house. This maintenance is essential for the continued operation of the bridge. Notices will be published in the Eighth Coast Guard District Local Notice to Mariners and will be broadcast E:\FR\FM\24AUR1.SGM 24AUR1 Federal Register / Vol. 75, No. 163 / Tuesday, August 24, 2010 / Rules and Regulations via the Coast Guard Broadcast Notice to Mariners System. Navigation on the waterway consists of commercial tugs with tows. There is an alternate waterway route available via the Gulf Intracoastal Waterway (Morgan City to Port Allen Alternate Route). Based on experience and coordination with waterway users, it has been determined that this closure will not have a significant effect on vessels that use the waterway. 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: August 11, 2010. David M. Frank, Bridge Administrator. [FR Doc. 2010–20925 Filed 8–23–10; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Documents indicated in this preamble as being available in the docket are part of docket USCG–2010– 0448 and are available online by going to http://www.regulations.gov, inserting USCG–2010–0448 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. ADDRESSES: If you have questions about this notice, call or e-mail Dr. Madeleine McNamara, U.S. Coast Guard, District Eight Waterways Management Coordinator; telephone 504–671–2103, madeleine.w.mcnamara@uscg.mil. If you have questions on viewing the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202–366–9826. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: Coast Guard Regulatory Information 33 CFR Part 147 The Coast Guard is issuing this temporary final rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing an NPRM. This rule extends the existing temporary safety zone around the riser for the DEEPWATER HORIZON, a Mobile Offshore Drilling Unit (MODU), which is currently set to expire on August 26, 2010. This extension is necessary to continue protecting the responders and to prevent entry into the area where both response and relief efforts are still ongoing and are expected to continue after the spill is stopped. Failing to delay the effective day of this extension pending completion of notice and comment rulemaking is impracticable and contrary to the public interest because it would cause a gap in the ability to enforce the needed safety zone for protection of all responders, the response efforts, and the environment. For the same reasons, under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. [Docket No. USCG–2010–0448] RIN 1625–AA00 Safety Zone; DEEPWATER HORIZON at Mississippi Canyon 252 Outer Continental Shelf MODU in the Gulf of Mexico Coast Guard, DHS. Temporary final rule; change of effective period. AGENCY: ACTION: The Coast Guard is extending the effective period for the temporary safety zone around the riser for the DEEPWATER HORIZON, a Mobile Offshore Drilling Unit (MODU), at Mississippi Canyon 252, in the Outer Continental Shelf. The safety zone in place at 33 CFR 147.T08–849 terminates on August 26, 2010. Extending the effective period for this safety zone provides continued and uninterrupted protection of personnel involved in ongoing response efforts. Continuing the safety zone around the riser will significantly reduce the threat of collisions, oil spills, and releases of natural gas, and thereby protect the safety of life, property, and the environment. Response efforts continue at the water’s surface and subsurface. DATES: 33 CFR 147.T08–849 temporarily added at 75 FR 32273, June 8, 2010, effective from June 8, 2010 to August 26, 2010, will continue in effect through November 26, 2010. wwoods2 on DSK1DXX6B1PROD with RULES_PART 1 SUMMARY: VerDate Mar<15>2010 15:10 Aug 23, 2010 Jkt 220001 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 51943 Basis and Purpose The safety zone in place pursuant to the Temporary Final Rule at docket USCG–2010–0448 extended the safety zone initially enforced for the DEEPWATER HORIZON riser from April 26, 2010 through May 26, 2010. The safety zone was enforced through actual notice from May 26, 2010 until June 8, 2010 to ensure seamless protection of those involved in the response efforts. On June 8, 2010, the Coast Guard established a safety zone in the deepwater area of the Gulf of Mexico in response to the sinking of the DEEPWATER HORIZON, a Mobile Offshore Drilling Unit (MODU), near Mississippi Canyon 252 with a center point at 28–44–18N and 088–21–54W. See 75 FR 32273. This temporary safety zone is set to expire on August 26, 2010. The temporary safety zone created by this rule ensures that there is no gap in authority to protect all responders, the response efforts, and the environment. Discussion of Rule The Coast Guard is extending the effective date of a safety zone encompassing all areas within 500 meters around the position 28–44–18N latitude and 088–21–54W longitude. Regulatory Analyses We developed this 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 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. This rule is not a significant regulatory action due to the location of the riser for the MODU DEEPWATER HORIZON—on the Outer Continental Shelf—and its distance from both land and safety fairways. Vessels traversing waters near the proposed safety zone will be able to safely travel around the zone without incurring additional costs. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601–612), we have considered whether this rule would have a significant economic impact on a substantial number of small entities. The term ‘‘small entities’’ comprises small businesses, not-for-profit E:\FR\FM\24AUR1.SGM 24AUR1

Agencies

[Federal Register Volume 75, Number 163 (Tuesday, August 24, 2010)]
[Rules and Regulations]
[Pages 51942-51943]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-20925]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2010-0778]


Drawbridge Operation Regulation; Atchafalaya River, Melville, LA

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations.

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SUMMARY: The Commander, Eighth Coast Guard District, has issued a 
temporary deviation from the regulation governing the operation of the 
Union Pacific Railroad vertical lift bridge across the Atchafalaya 
River, mile 107.4, at Melville, St. Landry and Point Coupee Parishes, 
Louisiana. The deviation is necessary to perform asbestos abatement 
work to the draw tender's house. This deviation allows the bridge to 
open on signal if at least a three hour advance notice is given from 
September 9, 2010 through October 9, 2010.

DATES: This deviation is effective from 6 a.m. on Thursday, September 
9, 2010 through 6 p.m. on Saturday, October 9, 2010.

ADDRESSES: Documents mentioned in this preamble as being available in 
the docket are part of docket USCG-2010-0778 and are available online 
by going to http://www.regulations.gov, inserting USCG-2010-0687 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 Frank, Bridge Administration Branch, Coast Guard; 
telephone 504-671-2128, e-mail Kay.B.Wade@uscg.mil. If you have 
questions on viewing the docket, call Renee V. Wright, Program Manager, 
Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: The Union Pacific Railroad has requested a 
temporary deviation from the operating schedule for the vertical lift 
span bridge across the Atchafalaya River, mile 107.4, at Melville, St. 
Landry and Point Coupee Parishes, Louisiana. The bridge has a vertical 
clearance of 4 feet above mean high water in the closed-to-navigation 
position and 54 feet above mean high water in the open-to-navigation 
position.
    In accordance with 33 CFR 117.5, the bridge currently opens on 
signal for the passage of vessels. This deviation allows the vertical 
lift span of the bridge to open on signal if at least a three hour 
advanced notice is given from 6 a.m. Thursday, September 9, 2010 
through 6 p.m. on Saturday, October 9, 2010.
    The closure is necessary in order to conduct asbestos abatement 
work on the draw tender's house. This maintenance is essential for the 
continued operation of the bridge. Notices will be published in the 
Eighth Coast Guard District Local Notice to Mariners and will be 
broadcast

[[Page 51943]]

via the Coast Guard Broadcast Notice to Mariners System.
    Navigation on the waterway consists of commercial tugs with tows. 
There is an alternate waterway route available via the Gulf 
Intracoastal Waterway (Morgan City to Port Allen Alternate Route). 
Based on experience and coordination with waterway users, it has been 
determined that this closure will not have a significant effect on 
vessels that use the waterway.
    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: August 11, 2010.
David M. Frank,
Bridge Administrator.
[FR Doc. 2010-20925 Filed 8-23-10; 8:45 am]
BILLING CODE 9110-04-P