Drawbridge Operation Regulations; Bayou Liberty, Mile 2.0, St. Tammany Parish, Slidell, LA, 71061-71064 [2010-29300]
Download as PDF
<![CDATA[
Federal Register / Vol. 75, No. 224 / Monday, November 22, 2010 / Proposed Rules
of living adjustment is applied to the total
benefit. In Variation 2, the federal cost of
living adjustment is applied to the Federal
Benefit Payment and the District cost of
living adjustment is applied to the District
benefit payment. A new federal percentage
equal to the ratio of the Federal Benefit
Payment to the total benefit is established
after the adjustments.
Retroactive Payment of Accrued Annuity
Example
DEPARTMENT OF HOMELAND
SECURITY
Example 15: Accrual of Federal Benefit
Payment
Coast Guard
The Federal Benefit Payment begins to
accrue on the annuity commencing date,
regardless of whether the employee is added
to the annuity roll in time for the regular
payment cycle. If the employee is due a
retroactive payment of accrued annuity, the
portion of the retroactive payment that would
have been a Federal Benefit Payment (if it
were made in the regular payment cycle) is
still a Federal Benefit Payment. In this
example, a teacher retired effective
September 11, 1998. She was added to the
retirement rolls on the pay date November 1,
1998 (October 1 to October 31 accrual cycle).
Her Federal Benefit Payment is $3000 per
month and her total benefit payment is $3120
per month. Her initial check is $5200 because
it includes a prorated payment for 20 days
(September 11 to September 30). The Federal
Benefit Payment is $5000 of the initial check
($3000 for the October cycle and $2000 for
the September cycle).
EXAMPLE 14H—TEACHERS COLA
[Pre-96 hire]
Benefit Computation (at retirement)
Total Annuity Computation
Birth date: 11/04/48
Hire date: 03/01/86
Separation date: 02/28/2013
Department service: 27/00/00
Other service paid in 1995: 06/07/28
Excess LWOP in 1990: 00/03/18
.015 service: 5
.0175 service: 5
.02 service: 23.333333
Average salary: $53,121.00
Total: $33,421.96
Total/month: $2,785.00
EXAMPLE 15—TEACHERS ACCRUED
BENEFIT
Benefit Computation (at retirement)
Federal Benefit Payment Computation
[Pre-96 hire]
Birth date: 11/04/48
Hire date: 03/01/86
Freeze date: 06/30/1997
Department service: 11/04/00
Other service paid in 1995: 06/07/28
Excess LWOP in 1990: 00/03/18
.015 service: 5
.0175 service: 5
.02 service: 7.666667
Average salary: $53,121.00
Total: $16,777.38
Total/month: $1,398.00
Federal percentage: 0.501975
Total Annuity Computation
Birth date: 11/01/42
Hire date: 09/01/66
Separation date: 09/10/98
Department service: 32/00/10
.015 service: 5
.0175 service: 5
.02 service: 22
Average salary: $62,150.00
Total: $37,445.38
Total/month: $3,120.00
Sept 11–30: $2,080.00
Oct 1–31: $3,120.00
Nov 1–30: $3,120.00
COLA Computation Variations
Variation 1
Federal Benefit Payment Computation
District COLA rate 5% applied to total benefit:
Total COLA: $139.00
New total benefit/month: $2,924.00
Federal COLA rate 4%
Federal COLA: $56.00
New federal benefit/month: $1,454.00
New federal percentage: 0.497264
jlentini on DSKJ8SOYB1PROD with PROPOSALS
Variation 2
District COLA rate 5% applied to District benefit:
Old District benefit/month: $1,387.00
District COLA: $69.00
New District benefit/month: $1,456.00
Federal COLA rate 4%:
Federal COLA: $56.00
New federal benefit/month: $1,454.00
New total benefit/month: $2,910.00
New federal percentage: 0.499656
Birth date: 11/01/42
Hire date: 09/01/66
Freeze date: 06/30/97
Department service: 30/10/00
.15 service: 5
.0175 service: 5
.02 service: 20.833333
Average salary: $62,150.00
Total: $35,995.21
Total/month: $3,000.00
Sept 11–30: $2,000.00
Oct 1–31: $3,000.00
Nov 1–30: $3,000.00
Dated: November 4, 2010.
Nancy Ostrowski,
Director, Office of DC Pensions.
[FR Doc. 2010–29152 Filed 11–19–10; 8:45 am]
BILLING CODE 4825–10–P
VerDate Mar<15>2010
16:54 Nov 19, 2010
Jkt 223001
71061
PO 00000
Frm 00016
Fmt 4702
Sfmt 4702
33 CFR Part 117
[Docket No. USCG–2010–0972]
RIN 1625–AA09
Drawbridge Operation Regulations;
Bayou Liberty, Mile 2.0, St. Tammany
Parish, Slidell, LA
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Commander, Eighth
Coast Guard District, has issued a notice
of proposed rulemaking to change the
regulation governing the operation of
the S433 bridge over Bayou Liberty,
mile 2.0, St. Tammany Parish, Slidell,
LA. It will allow the bridge to remain
unmanned during most of the day by
requiring a two-hour notice for an
opening of the draw. This proposed rule
change will be in conjunction with a
temporary deviation to test the rule
change and allow for public comment.
DATES: Comments and related material
must be received by the Coast Guard on
or before January 21, 2011.
ADDRESSES: You may submit comments
identified by docket number USCG–
2010–0972 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 four 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 Jim Wetherington;
Bridge Administration Branch, Eighth
Coast Guard District, telephone 504–
671–2128, e-mail
james.r.wetherington@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.
SUMMARY:
E:\FR\FM\22NOP1.SGM
22NOP1
71062
Federal Register / Vol. 75, No. 224 / Monday, November 22, 2010 / Proposed Rules
0972’’ and click ‘‘Search.’’ Click the
‘‘Open Docket Folder’’ in the ‘‘Actions’’
column. You may also visit 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.
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.
jlentini on DSKJ8SOYB1PROD with PROPOSALS
Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2010–0972),
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
‘‘Keyword’’ box insert ‘‘USCG–2010–
0972,’’ click ‘‘Search,’’ and 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–2010–
VerDate Mar<15>2010
16:54 Nov 19, 2010
Jkt 223001
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.
For information on facilities or
services for individuals with disabilities
or to request special assistance at the
public meeting, contact Jim
Wetherington at the telephone number
or e-mail address indicated under the
FOR FURTHER INFORMATION CONTACT
section of this notice.
Basis and Purpose
Due to a lack of required openings
requested by mariners, the bridge owner
requested a modification of the
regulation governing the operation of
the S433 bridge over Bayou Liberty,
mile 2.0, St. Tammany Parish, Slidell,
LA. This change would allow for the
bridge owner to open the bridge for the
passage of vessels while minimizing his
requirements to staff and maintain the
bridge. The bridge has a vertical
clearance of 7.59 feet (2.31m) above the
2% flowline, elevation 2.5 feet (0.76m)
NAVD 1988 in the closed-to-navigation
position and unlimited in the open-tonavigation position. In accordance with
33 CFR 469, the draw of the S433
Bridge, mile 2.0, at Slidell, shall open
on signal, except that between 7 p.m.
and 7 a.m., the draw shall open on
signal if at least two hours notice is
given.
PO 00000
Frm 00017
Fmt 4702
Sfmt 4702
Discussion of Proposed Rule
The owner is requesting a new
regulation to open with two hours
notice because this will reduce the time
that the owner is required to maintain
a bridge tender. After the study of the
bridge logs, it was shown that there was
an average of less than one opening per
month which is a marked decrease from
an average of 70 per month the previous
year. This is because the bridge for
which the regulation was in place (a
pontoon bridge) no longer exists. With
the completion of the new bridge (a
swing bridge), there is enough vertical
clearance to require very few bridge
openings.
Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
Regulatory Planning and Review
This proposed rule is not a
‘‘significant regulatory action’’ under
section 3(f) of Executive Order 12866,
Regulatory Planning and Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of that Order. The Office
of Management and Budget has not
reviewed it under that Order.
We expect the economic impact of
this proposed rule to be so minimal that
a full Regulatory Evaluation is
unnecessary.
The public would need to notify the
bridge owner of a required opening two
hours in advance rather than on signal.
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.
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
E:\FR\FM\22NOP1.SGM
22NOP1
Federal Register / Vol. 75, No. 224 / Monday, November 22, 2010 / Proposed Rules
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. This proposed rule would affect
the following entities, some of which
might be small entities: The owners or
operators of vessels needing to transit
the bridge with less than 14-days
advance notice. There have been no
requests for bridge openings in several
years so this proposed rule would not
affect a substantial number of small
entities. Vessels that can safely transit
under the bridge may do so at any time.
Before the effective period, we will
issue maritime advisories widely
available to users of the 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 call or e-mail Jim
Wetherington; Bridge Administration
Branch, Eighth Coast Guard District,
telephone 504–671–2128, e-mail
james.r.wetherington@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.
jlentini on DSKJ8SOYB1PROD with PROPOSALS
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
VerDate Mar<15>2010
16:54 Nov 19, 2010
Jkt 223001
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 (adjusted for inflation) 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 cause 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’’
PO 00000
Frm 00018
Fmt 4702
Sfmt 4702
71063
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.
E:\FR\FM\22NOP1.SGM
22NOP1
71064
Federal Register / Vol. 75, No. 224 / Monday, November 22, 2010 / Proposed Rules
2. § 117.469 is revised to read as
follows:
§ 117.469
Liberty Bayou.
The draw of the S433 Bridge, mile 2.0,
at Slidell, shall open on signal with a
two hour notice.
Dated: October 26, 2010.
Mary E. Landry,
Rear Admiral, U.S. Coast Guard, Commander,
Eighth Coast Guard District.
[FR Doc. 2010–29300 Filed 11–19–10; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
IV. Correction of Errors
In FR Doc. 2010–28774 filed
November 10, 2010, make the following
correction:
1. In the DATES section, the phrase
‘‘[OFR—insert date 60 days after date of
publication in the Federal Register]’’ is
corrected to read ‘‘January 11, 2011.’’
Centers for Medicare & Medicaid
Services
42 CFR Parts 417, 422, and 423
[CMS–4144–CN]
RIN 0938–AQ00
Medicare Program; Proposed Changes
to the Medicare Advantage and the
Medicare Prescription Drug Benefit
Programs for Contract Year 2012 and
Other Proposed Changes; Correction
Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Correction of proposed rule.
AGENCY:
This document corrects a
technical error that appeared in the
proposed rule entitled ‘‘Medicare
Program; Proposed Changes to the
Medicare Advantage and the Medicare
Prescription Drug Benefit Programs for
Contract Year 2012 and Other Proposed
Changes’’ which was filed for public
inspection on November 10, 2010.
FOR FURTHER INFORMATION CONTACT:
Sabrina Ahmed, (410) 786–7499.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
jlentini on DSKJ8SOYB1PROD with PROPOSALS
[FR Doc. 2010–28997 Filed 11–12–10; 4:15 pm]
BILLING CODE 4120–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 25
[IB Docket No. 97–95; FCC 10–186]
Allocation and Designation of
Spectrum for Fixed-Satellite Services
in the 37.5–38.5 GHz, 40.5–41.5 GHz
and 48.2–50.2 GHz Frequency Bands
The Federal Communications
Commission (FCC) seeks comment on
technical rules for the Fixed-Satellite
Service in the 37.5–42.5 GHz band. The
purpose of this proceeding is to ensure
that satellite operators in this band can
share the band with terrestrial fixed
microwave services without causing
harmful interference.
DATES: Comments are due on or before
January 6, 2011 and reply comments are
due on or before February 7, 2011.
ADDRESSES: You may submit comment,
identified by WT Docket No. 07–293
SUMMARY:
In the DATES section, we inadvertently
requested that the Office of the Federal
Register base the comment period
closing date on the date the proposed
rule will appear in the Federal Register
instead of the date of filing for public
inspection. Therefore, in section III. of
this correction notice, we correct this
error by inserting the date that the
comment period closes, which is
January 11, 2011.
Jkt 223001
Dated: November 12, 2010.
Barbara J. Holland,
Deputy Executive Secretary to the
Department.
Federal Communications
Commission.
ACTION: Notice of proposed rulemaking.
II. Summary of Errors
16:54 Nov 19, 2010
(Catalog of Federal Domestic Assistance
Program No. 93.773, Medicare—Hospital
Insurance; and Program No. 93.774,
Medicare—Supplementary Medical
Insurance Program)
AGENCY:
In FR Doc. 2010–28774 filed
November 10, 2010, there was a
technical error that is identified and
corrected in the Correction of Errors
section below.
VerDate Mar<15>2010
III. Waiver of 60-Day Comment Period
We ordinarily permit a 60-day
comment period on notices of proposed
rulemaking in the Federal Register, as
provided in section 1871(b)(1) of the
Act. The change made by this correction
notice does not constitute agency
rulemaking, and therefore the 60-day
comment period does not apply. This
correction notice merely corrects a
technical error in the proposed rule and
does not make substantive changes to
the proposed rule that would require
additional time on which to comment.
Instead, this correction notice is
intended to ensure the accuracy of the
proposed rule.
PO 00000
Frm 00019
Fmt 4702
Sfmt 4702
and IB Docket No. 95–91, by any of the
following methods:
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Federal Communications
Commission’s Web Site: https://
www.fcc.gov/cgb/ecfs. Follow the
instructions for submitting comments.
People with Disabilities: Contact the
FCC to request reasonable
accommodations (accessible format
documents, sign language interpreters,
CART, etc.) by e-mail: FCC504@fcc.gov,
phone: 202–418–0530 or TTY: 202–418–
0432. For detailed instructions for
submitting comments and additional
information on the rulemaking process,
see the SUPPLEMENTARY INFORMATION
section of this document.
FOR FURTHER INFORMATION CONTACT:
Sean O’More (202) 418–2453, or
Howard Griboff, (202) 418–0657, Policy
Division, International Bureau, Federal
Communications Commission,
Washington, DC 20554.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Third
Notice of Proposed Rulemaking (Third
Notice) in IB Docket No. 97–95, adopted
October 29, 2010 and released on
November 1, 2010. The full text of the
Notice of Proposed Rulemaking is
available for public inspection and
copying during regular business hours
at the FCC Reference Information
Center, Portals II, 445 12th Street, SW.,
Room CY–A257, Washington, DC 20554.
This document may also be purchased
from the Commission’s duplicating
contractor, Best Copy and Printing, Inc.,
Portals II, 445 12th Street, SW., Room
CY–B402, Washington, DC 20554,
telephone (202) 488–5300, facsimile
(202) 488–5563, or via e-mail
FCC@BCPIWEB.com.
The Third Notice contains proposed
new or modified information collection
requirements subject to the Paperwork
Reduction Act of 1995, Public Law 104–
13. The Commission invites the general
public and the Office of Management
and Budget (OMB) to comment on the
information collections contained in the
Third Notice, as required by the
Paperwork Reduction Act of 1995,
Public Law 104–13. Public and agency
comments are due at the same time as
other comments on the Third Notice;
OMB comments are due on January 6,
2011. Comments should address:
(a) Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
Commission, including whether the
information shall have practical utility;
(b) the accuracy of the Commission’s
burden estimates; (c) ways to enhance
E:\FR\FM\22NOP1.SGM
22NOP1
]]>Agencies
[Federal Register Volume 75, Number 224 (Monday, November 22, 2010)]
[Proposed Rules]
[Pages 71061-71064]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-29300]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2010-0972]
RIN 1625-AA09
Drawbridge Operation Regulations; Bayou Liberty, Mile 2.0, St.
Tammany Parish, Slidell, LA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Commander, Eighth Coast Guard District, has issued a
notice of proposed rulemaking to change the regulation governing the
operation of the S433 bridge over Bayou Liberty, mile 2.0, St. Tammany
Parish, Slidell, LA. It will allow the bridge to remain unmanned during
most of the day by requiring a two-hour notice for an opening of the
draw. This proposed rule change will be in conjunction with a temporary
deviation to test the rule change and allow for public comment.
DATES: Comments and related material must be received by the Coast
Guard on or before January 21, 2011.
ADDRESSES: You may submit comments identified by docket number USCG-
2010-0972 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 four 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 Jim Wetherington; Bridge Administration Branch,
Eighth Coast Guard District, telephone 504-671-2128, e-mail
james.r.wetherington@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.
[[Page 71062]]
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-2010-0972), 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 ``Keyword'' box insert ``USCG-2010-0972,''
click ``Search,'' and 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-2010-0972'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
You may also visit 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.
For information on facilities or services for individuals with
disabilities or to request special assistance at the public meeting,
contact Jim Wetherington at the telephone number or e-mail address
indicated under the FOR FURTHER INFORMATION CONTACT section of this
notice.
Basis and Purpose
Due to a lack of required openings requested by mariners, the
bridge owner requested a modification of the regulation governing the
operation of the S433 bridge over Bayou Liberty, mile 2.0, St. Tammany
Parish, Slidell, LA. This change would allow for the bridge owner to
open the bridge for the passage of vessels while minimizing his
requirements to staff and maintain the bridge. The bridge has a
vertical clearance of 7.59 feet (2.31m) above the 2% flowline,
elevation 2.5 feet (0.76m) NAVD 1988 in the closed-to-navigation
position and unlimited in the open-to-navigation position. In
accordance with 33 CFR 469, the draw of the S433 Bridge, mile 2.0, at
Slidell, shall open on signal, except that between 7 p.m. and 7 a.m.,
the draw shall open on signal if at least two hours notice is given.
Discussion of Proposed Rule
The owner is requesting a new regulation to open with two hours
notice because this will reduce the time that the owner is required to
maintain a bridge tender. After the study of the bridge logs, it was
shown that there was an average of less than one opening per month
which is a marked decrease from an average of 70 per month the previous
year. This is because the bridge for which the regulation was in place
(a pontoon bridge) no longer exists. With the completion of the new
bridge (a swing bridge), there is enough vertical clearance to require
very few bridge openings.
Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order.
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary.
The public would need to notify the bridge owner of a required
opening two hours in advance rather than on signal.
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.
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
[[Page 71063]]
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. This proposed rule would affect the following
entities, some of which might be small entities: The owners or
operators of vessels needing to transit the bridge with less than 14-
days advance notice. There have been no requests for bridge openings in
several years so this proposed rule would not affect a substantial
number of small entities. Vessels that can safely transit under the
bridge may do so at any time. Before the effective period, we will
issue maritime advisories widely available to users of the 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 call or e-mail Jim Wetherington; Bridge
Administration Branch, Eighth Coast Guard District, telephone 504-671-
2128, e-mail james.r.wetherington@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 (adjusted for
inflation) 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 cause 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.
[[Page 71064]]
2. Sec. 117.469 is revised to read as follows:
Sec. 117.469 Liberty Bayou.
The draw of the S433 Bridge, mile 2.0, at Slidell, shall open on
signal with a two hour notice.
Dated: October 26, 2010.
Mary E. Landry,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2010-29300 Filed 11-19-10; 8:45 am]
BILLING CODE 9110-04-P
