Drawbridge Operation Regulation; Gulf Intracoastal Waterway (Algiers Alternate Route), Belle Chasse, LA, 75505-75508 [2011-30637]
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srobinson on DSK4SPTVN1PROD with PROPOSALS
Federal Register / Vol. 76, No. 232 / Friday, December 2, 2011 / Proposed Rules
blade contact injuries, severity of
injuries, and costs associated with the
injuries;
5. Studies, tests, or surveys that
analyze table saw use in relation to
approach/feed rates, kickback, and
blade guard use and effectiveness;
6. Studies, tests, or descriptions of
new technologies, or new applications
of existing technologies that can address
blade contact injuries, and estimates of
costs associated with incorporation of
new technologies or applications;
7. Estimated manufacturing cost, per
table saw, of new technologies or
applications that can address blade
contact injuries;
8. Expected impact of technologies
that can address blade contact injuries
on wholesale and retail prices of table
saws;
9. Expected impact of technologies
that can address blade contact injuries
on utility and convenience of use;
10. Information on effectiveness or
user acceptance of new blade guard
designs;
11. Information on manufacturing
costs of new blade guard designs;
12. Information on usage rates of new
blade guard designs;
13. Information on U.S shipments of
table saws prior to 2002, and between
2003 and 2005;
14. Information on differences
between portable bench saws, contractor
saws, and cabinet saws in frequency and
duration of use;
15. Information on differences
between saws used by consumers, saws
used by schools, and saws used
commercially in frequency and duration
of use;
16. Studies, research, or data on entry
information of materials being cut at
blade contact (I.E., approach angle,
approach speed, and approach force);
17. Information that supports or
disputes preliminary economic analyses
on the cost of employing technologies
that reduce blade contact injuries on
table saws;
18. Studies, research, or data on
appropriate indicators of performance
for blade-to-skin requirements that
mitigate injury;
19. Studies, research, or data that
validates human finger proxies for skinto-blade tests;
20. Studies, research, or data on
detection/reaction systems that have
been employed to mitigate blade contact
injuries;
21. Studies, research, or data on the
technical challenges associated with
developing new systems that could be
employed to mitigate blade contact
injuries;
22. Studies, research, or data on
guarding systems that have been
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employed to prevent or mitigate blade
contact injuries;
23. Studies, research, or data on
kickback of a work piece during table
saw use;
24. The costs and benefits of
mandating a labeling or instructions
requirement; and
25. Other relevant information
regarding the addressability of blade
contact injuries.
The ANPR requested comments by
December 12, 2011.
On November 3, 2011, the Power Tool
Institute, Inc. (‘‘PTI’’) requested a 60-day
extension of the comment period. PTI
explained that in March 2011, it had
submitted a Freedom of Information Act
request for all documents and materials
related to and underlying the ‘‘Table
Saw Study’’ conducted by CPSC staff. It
further explained that:
In the ANPR, CPSC makes it clear that it
was this updated injury information upon
which the Commission’s decision to issue the
proposed rule was based. The importance of
this injury data, and the associated materials
describing the context of the injuries, makes
it vital that stakeholders have the ability to
analyze this information prior to submitting
comments on the ANPR.
Letter from Susan M. Young, Power
Tool Institute, Inc., to Inez M.
Tenenbaum, Chairman, Consumer
Product Safety Commission, dated
November 3, 2011, at 1. PTI further
indicated that it had not received all
materials relating to its FOIA request
and, between September 29, 2011 and
October 28, 2011, had submitted an
additional three FOIA requests for other
materials pertaining to the ‘‘CPSC’s
development of a table saw standard.’’
Id. at 1–2. PTI said that:
A 60-day extension of the comment period
would allow PTI the ability to adequately
analyze the reports underlying the Table Saw
Study, give CPSC staff time to respond to
PTI’s outstanding FOIA requests, and give
PTI the opportunity to formulate an adequate
analysis of the information received. With
the additional time granted, PTI will be in a
position to submit comments to CPSC in
support of the Commission’s goal of
increasing public protection from
unnecessary injuries.
Id. at 2.
The Commission has produced all
underlying reports regarding the Table
Saw Study to PTI, including more than
800 pages of information. While
additional FOIA requests by PTI may be
pending, the documents relevant to the
Table Saw Study all have been
produced, and PTI’s other FOIA
requests seek documents on different
products or issues that are not relevant
to the ANPR. Thus, the production of
additional documents in response to
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PTI’s outstanding FOIA requests does
not justify a further extension of the
comment date. However, to ensure that
the public has an adequate opportunity
to comment with regard to the
underlying reports regarding the Table
Saw Study that have been produced to
PTI, the Commission will be posting
those reports in its FOIA Reading Room
on the CPSC Web site and will make
them a part of the administrative record.
Through this notice, we are announcing
a 60-day extension of the comment
period to give all interested parties
additional time to prepare their
responses to the ANPR. Thus, the
comment period for the ANPR is
extended to February 10, 2012.
Dated: November 29, 2011.
Todd A. Stevenson,
Secretary, U.S. Consumer Product Safety
Commission.
[FR Doc. 2011–31008 Filed 12–1–11; 8:45 am]
BILLING CODE 6355–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2011–0959]
Drawbridge Operation Regulation; Gulf
Intracoastal Waterway (Algiers
Alternate Route), Belle Chasse, LA
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
change the regulation governing the
operation of the SR 23 bridge across the
Gulf Intracoastal Waterway (Algiers
Alternate Route), mile 3.8, at Belle
Chasse, Plaquemines Parish, Louisiana.
Due to increased vehicular traffic, the
State of Louisiana requested a change to
the operation schedule, allowing the
bridge to open only on the hour during
the day from Monday through Friday,
while maintaining morning and
afternoon maritime restrictions.
DATES: Comments and related material
must reach the Coast Guard on or before
January 31, 2012.
ADDRESSES: You may submit comments
identified by docket number USCG–
2011–0959 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
SUMMARY:
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Federal Register / Vol. 76, No. 232 / Friday, December 2, 2011 / Proposed Rules
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) 355–9329.
To avoid duplication, please use only
one of these four methods. See ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
If
you have questions on this proposed
rule, call Donna Gagliano, Bridge
Administration Branch at (504) 671–
2128, email Donna.Gagliano@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:
FOR FURTHER INFORMATION CONTACT:
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.
srobinson on DSK4SPTVN1PROD with PROPOSALS
Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2011–0959),
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 delivery, 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 email 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
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‘‘Document Type’’ drop down menu
select ‘‘Proposed Rules’’ and insert
‘‘USCG–2011–0959’’ in the ‘‘Keyword’’
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 comment.
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–2011–
0959’’ 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 a public meeting 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.
Basis and Purpose
The Coast Guard, at the request of the
State of Louisiana, proposes to change
the existing operating schedule for the
SR 23 vertical lift bridge across the Gulf
Intracoastal Waterway (Algiers Alternate
Route), mile 3.8, at Belle Chasse,
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Plaquemines Parish, Louisiana. Due to
an increase in vehicle traffic, the State
of Louisiana requested a change to the
operation schedule. This change would
allow the bridge to open only on the
hour during the day from Monday
through Friday, while maintaining
morning and afternoon maritime
restrictions. Bridge tender logs for the
past 7-month period showed that
approximately 560 vessels (19% of the
vessels that transit under the bridge)
requested an opening between the hours
of 6 a.m. and 9 a.m. and between the
hours of 3 p.m. and 6 p.m. Traffic
counts were collected beginning
September 26, 2011 for a 2-week period,
during the average work week, and a 24hour summary showed 7354 vehicles
(40%) commuted across the bridge
during the same times. Thus, a
substantial delay can occur to vehicular
traffic during the morning and afternoon
heavy commute periods. The proposed
change would allow for a set schedule
of openings for vessels while minimally
disrupting vehicular traffic during the
morning and afternoon rush hours.
Also, the proposed schedule would
allow additional time to clear vehicular
traffic from the roadways and reduce
traffic backups caused by the bridge
openings. It is expected that very few
vessels will be impacted by this change,
and reasonable alternative routes are
available for vessels that must avoid
delay. All vessels waiting during the
closure will be allowed to pass at
scheduled openings.
Presently, 33 CFR 117.451(b) states:
The draw of the SR 23 Bridge, Algiers
Alternate Route, mile 3.8 at Belle
Chasse, shall open on signal; except
that, from 6 a.m. to 8:30 a.m. and from
3:30 p.m. to 5:30 p.m. Monday through
Friday, except Federal holidays, the
draw need not be opened for the passage
of vessels.
Discussion of Proposed Rule
The proposed change will allow the
bridge to operate as follows: The bridge
shall open on signal between 8 p.m. and
6:30 a.m. for the passage of vessels.
From 6:30 a.m. until 8 p.m. Monday
through Friday the bridge will only
open on the hour for the passage of
vessel traffic. However, to facilitate the
movement of vehicular traffic during
rush hour this change will continue to
allow the bridge to remain closed to
navigation from 6:30 a.m. until 9 a.m.
and from 3:30 p.m. until 6 p.m. Monday
through Friday, excluding Federal
holidays. Specifically, the draw need
not open at 7 a.m., 8 a.m., 4 p.m. and
5 p.m. weekdays, excluding Federal
holidays. Hourly openings will allow
the motorist to know when the bridge
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Federal Register / Vol. 76, No. 232 / Friday, December 2, 2011 / Proposed Rules
may open. At all times on the weekend
the bridge will open on signal.
The vertical clearance of the bridge is
40 feet above mean high water in the
closed-to-navigation position, so only
vessels with vertical clearance
requirement of greater than 40 feet will
be affected by the proposed change. An
alternate route is available via Harvey
Canal (GIWW), if such vessels do not
wish to be delayed.
A Test Deviation, following the
aforementioned operating schedule
under docket number USCG–2011–
0959, is being issued in conjunction
with the Notice of Proposed Rulemaking
to test the proposed schedules and to
obtain data and public comments. The
test period will be in effect from
December 19, 2011 until January 17,
2012. The Coast Guard will review the
logs of the drawbridge 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.
srobinson on DSK4SPTVN1PROD with PROPOSALS
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, as
supplemented by Executive Order
13563, Improving Regulation and
Regulatory 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. Very few vessels will be
impacted or backed up, and those few
vessels should be able to modify their
transit times and routes 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
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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 from 6:30 a.m. until 8 p.m.
Monday through Friday. The proposed
set schedule for the minimal time
adjustment of each bridge closure would
affect a small number of vessels
impacted by the proposed rule.
This action will not have a significant
economic impact on a substantial
number of small entities for the
following reasons. Vessels that can
transit under the bridge may do so at
any time. Although, the set closure of
the drawbridge will effectively close
that section of the waterway, an
alternative route (Harvey Canal, GIWW)
is available with little additional transit
time. Before the effective period, we
will issue maritime advisories which
will be widely available to users of the
waterway.
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 Donna
Gagliano, Bridge Administration
Branch, at (504) 671–2128. The Coast
Guard will not retaliate against small
entities that question or complain about
this 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,
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75507
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 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 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
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Federal Register / Vol. 76, No. 232 / Friday, December 2, 2011 / Proposed Rules
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.
srobinson on DSK4SPTVN1PROD with PROPOSALS
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:
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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 117.451(b) is revised to
read as follows:
§ 117.451
Gulf Intracoastal Waterway.
*
*
*
*
*
(b) The draw of the SR 23 Bridge,
Algiers Alternate Route, mile 3.8 at
Belle Chasse, shall open on signal;
except that from 6:30 a.m. until 8 p.m.
Monday through Friday, the draw need
only open on the hour for the passage
of vessels. The draw need not open at
7 a.m., 8 a.m., 4 p.m. and 5 p.m.
Monday through Friday excluding
Federal holidays.
*
*
*
*
*
Dated: November 3, 2011.
Roy A. Nash,
Rear Admiral, U.S. Coast Guard, Commander,
Eighth Coast Guard District.
[FR Doc. 2011–30637 Filed 12–1–11; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF DEFENSE
Department of the Army, Corps of
Engineers
33 CFR Part 334
United States Navy Restricted Area,
SUPSHIP Bath Maine Detachment
Mobile at AUSTAL, USA, Mobile, AL;
Restricted Area
AGENCY:
U.S. Army Corps of Engineers,
DoD.
Notice of proposed rulemaking
and request for comments.
ACTION:
The U.S. Army Corps of
Engineers (Corps) is proposing to amend
an existing restricted area to reflect
changes in responsible parties for the
restricted area around the AUSTAL,
USA shipbuilding facility located in
Mobile, Alabama. The Supervisor of
Shipbuilding, Conversion and Repair,
United States Navy (USN), Gulf Coast
(SUPSHIP Gulf Coast) assumed the
duties of administering new
construction contracts at AUSTAL USA
in Mobile, Alabama, on October 9, 2011,
replacing Supervisor of Shipbuilding,
Conversion, and Repair, USN, Bath
(SUPSHIP Bath). Therefore, the
Department of the Navy has requested
an amendment to the regulation to
reflect the change in responsible parties.
SUMMARY:
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There are no other changes proposed for
this restricted area.
DATES: Written comments must be
submitted on or before January 3, 2012.
ADDRESSES: You may submit comments,
identified by docket number COE–
2011–0034, by any of the following
methods:
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Email: david.b.olson@usace.army.mil.
Include the docket number COE–2011–
0034 in the subject line of the message.
Mail: U.S. Army Corps of Engineers,
Attn: CECW–CO (David B. Olson), 441
G Street NW., Washington, DC 20314–
1000.
Hand Delivery/Courier: Due to
security requirements, we cannot
receive comments by hand delivery or
courier.
Instructions: Direct your comments to
docket number COE–2011–0034. All
comments received will be included in
the public docket without change and
may be made available on-line at https://
regulations.gov, including any personal
information provided, unless the
commenter indicates that the comment
includes information claimed to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Do not submit
information that you consider to be CBI,
or otherwise protected, through
regulations.gov or email. The
regulations.gov Web site is an
anonymous access system, which means
we will not know your identity or
contact information unless you provide
it in the body of your comment. If you
send an email directly to the Corps
without going through regulations.gov,
your email address will be
automatically captured and included as
part of the comment that is placed in the
public docket and made available on the
Internet. If you submit an electronic
comment, we recommend that you
include your name and other contact
information in the body of your
comment and with any disk or CD–ROM
you submit. If we cannot read your
comment because of technical
difficulties and cannot contact you for
clarification, we may not be able to
consider your comment. Electronic
comments should avoid the use of any
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov. All documents in
the docket are listed. Although listed in
the index, some information is not
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]]>Agencies
[Federal Register Volume 76, Number 232 (Friday, December 2, 2011)]
[Proposed Rules]
[Pages 75505-75508]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-30637]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2011-0959]
Drawbridge Operation Regulation; Gulf Intracoastal Waterway
(Algiers Alternate Route), Belle Chasse, LA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to change the regulation governing
the operation of the SR 23 bridge across the Gulf Intracoastal Waterway
(Algiers Alternate Route), mile 3.8, at Belle Chasse, Plaquemines
Parish, Louisiana. Due to increased vehicular traffic, the State of
Louisiana requested a change to the operation schedule, allowing the
bridge to open only on the hour during the day from Monday through
Friday, while maintaining morning and afternoon maritime restrictions.
DATES: Comments and related material must reach the Coast Guard on or
before January 31, 2012.
ADDRESSES: You may submit comments identified by docket number USCG-
2011-0959 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
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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) 355-9329.
To avoid duplication, please use only one of these four methods.
See ``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 Donna Gagliano, Bridge Administration Branch at (504) 671-
2128, email Donna.Gagliano@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-2011-0959), 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 delivery, 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 email 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-2011-0959'' in the ``Keyword''
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 comment.
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-2011-0959'' 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 a public meeting 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.
Basis and Purpose
The Coast Guard, at the request of the State of Louisiana, proposes
to change the existing operating schedule for the SR 23 vertical lift
bridge across the Gulf Intracoastal Waterway (Algiers Alternate Route),
mile 3.8, at Belle Chasse, Plaquemines Parish, Louisiana. Due to an
increase in vehicle traffic, the State of Louisiana requested a change
to the operation schedule. This change would allow the bridge to open
only on the hour during the day from Monday through Friday, while
maintaining morning and afternoon maritime restrictions. Bridge tender
logs for the past 7-month period showed that approximately 560 vessels
(19% of the vessels that transit under the bridge) requested an opening
between the hours of 6 a.m. and 9 a.m. and between the hours of 3 p.m.
and 6 p.m. Traffic counts were collected beginning September 26, 2011
for a 2-week period, during the average work week, and a 24-hour
summary showed 7354 vehicles (40%) commuted across the bridge during
the same times. Thus, a substantial delay can occur to vehicular
traffic during the morning and afternoon heavy commute periods. The
proposed change would allow for a set schedule of openings for vessels
while minimally disrupting vehicular traffic during the morning and
afternoon rush hours. Also, the proposed schedule would allow
additional time to clear vehicular traffic from the roadways and reduce
traffic backups caused by the bridge openings. It is expected that very
few vessels will be impacted by this change, and reasonable alternative
routes are available for vessels that must avoid delay. All vessels
waiting during the closure will be allowed to pass at scheduled
openings.
Presently, 33 CFR 117.451(b) states: The draw of the SR 23 Bridge,
Algiers Alternate Route, mile 3.8 at Belle Chasse, shall open on
signal; except that, from 6 a.m. to 8:30 a.m. and from 3:30 p.m. to
5:30 p.m. Monday through Friday, except Federal holidays, the draw need
not be opened for the passage of vessels.
Discussion of Proposed Rule
The proposed change will allow the bridge to operate as follows:
The bridge shall open on signal between 8 p.m. and 6:30 a.m. for the
passage of vessels. From 6:30 a.m. until 8 p.m. Monday through Friday
the bridge will only open on the hour for the passage of vessel
traffic. However, to facilitate the movement of vehicular traffic
during rush hour this change will continue to allow the bridge to
remain closed to navigation from 6:30 a.m. until 9 a.m. and from 3:30
p.m. until 6 p.m. Monday through Friday, excluding Federal holidays.
Specifically, the draw need not open at 7 a.m., 8 a.m., 4 p.m. and 5
p.m. weekdays, excluding Federal holidays. Hourly openings will allow
the motorist to know when the bridge
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may open. At all times on the weekend the bridge will open on signal.
The vertical clearance of the bridge is 40 feet above mean high
water in the closed-to-navigation position, so only vessels with
vertical clearance requirement of greater than 40 feet will be affected
by the proposed change. An alternate route is available via Harvey
Canal (GIWW), if such vessels do not wish to be delayed.
A Test Deviation, following the aforementioned operating schedule
under docket number USCG-2011-0959, is being issued in conjunction with
the Notice of Proposed Rulemaking to test the proposed schedules and to
obtain data and public comments. The test period will be in effect from
December 19, 2011 until January 17, 2012. The Coast Guard will review
the logs of the drawbridge 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,
as supplemented by Executive Order 13563, Improving Regulation and
Regulatory 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. Very few
vessels will be impacted or backed up, and those few vessels should be
able to modify their transit times and routes 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. 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 from 6:30 a.m. until
8 p.m. Monday through Friday. The proposed set schedule for the minimal
time adjustment of each bridge closure would affect a small number of
vessels impacted by the proposed rule.
This action will not have a significant economic impact on a
substantial number of small entities for the following reasons. Vessels
that can transit under the bridge may do so at any time. Although, the
set closure of the drawbridge will effectively close that section of
the waterway, an alternative route (Harvey Canal, GIWW) is available
with little additional transit time. Before the effective period, we
will issue maritime advisories which will be widely available to users
of the waterway.
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 Donna Gagliano, Bridge
Administration Branch, at (504) 671-2128. The Coast Guard will not
retaliate against small entities that question or complain about this
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 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 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
[[Page 75508]]
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. Section 117.451(b) is revised to read as follows:
Sec. 117.451 Gulf Intracoastal Waterway.
* * * * *
(b) The draw of the SR 23 Bridge, Algiers Alternate Route, mile 3.8
at Belle Chasse, shall open on signal; except that from 6:30 a.m. until
8 p.m. Monday through Friday, the draw need only open on the hour for
the passage of vessels. The draw need not open at 7 a.m., 8 a.m., 4
p.m. and 5 p.m. Monday through Friday excluding Federal holidays.
* * * * *
Dated: November 3, 2011.
Roy A. Nash,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2011-30637 Filed 12-1-11; 8:45 am]
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