Drawbridge Operation Regulation; Alabama River, AL, 29924-29927 [2012-12269]
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29924
Federal Register / Vol. 77, No. 98 / Monday, May 21, 2012 / Proposed Rules
tire guides have since been eliminated.
Should the Used Auto Parts Guides be
changed to include tires? Why or why
not? What evidence do you have or
know of that supports your views?
20. The current Guides state that they
apply to Industry Products ‘‘designed
for use in automobiles, trucks,
motorcycles, tractors, or similar selfpropelled vehicles.’’ 16 CFR 20.0. Is this
list adequate to describe the vehicles to
which the Guides should apply, or
should other vehicles be expressly
mentioned? (E.g., all-terrain vehicles,
off-road construction vehicles, dune
buggies or other off-road recreation
vehicles.) If so, which other vehicles
should be mentioned, and why? What
evidence do you have or know of that
supports your views?
21. Do the Used Auto Parts Guides
overlap or conflict with other laws or
regulations, whether federal, state, or
local? If so, how?
a. What evidence do you have or
know of concerning the conflicts?
b. Should the Guides be changed
because of these conflicts? If so, how?
c. Have the Guides helped make the
advertising and selling of Industry
Products more consistent across the
country? If so, how?
22. Are there foreign or international
laws, regulations, or standards
concerning the advertising and sale of
Industry Products that the Commission
should consider as it reviews the
Guides? If so, what are they?
a. Should the Guides be changed to
harmonize with these foreign or
international laws, regulations, or
standards? Why or why not?
b. How would harmonization affect
the costs and benefits of the Guides for
consumers?
c. How would harmonization affect
the costs and benefits of the Guides for
businesses, particularly small
businesses?
mstockstill on DSK4VPTVN1PROD with PROPOSALS
IV. Instructions for Comment
Submissions
You can file a comment online or on
paper. For the Commission to consider
your comment, we must receive it on or
before August 3, 2012. Write ‘‘Used
Auto Parts Guides Review, 16 CFR Part
20, Matter No. P12–7702’’ on your
comment. Your comment B including
your name and your state B will be
placed on the public record of this
proceeding, including, to the extent
practicable, on the public Commission
Web site, at https://www.ftc.gov/os/
publiccomments.shtm. As a matter of
discretion, the Commission tries to
remove individuals’ home contact
information from comments before
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Jkt 226001
placing them on the Commission Web
site.
Because your comment will be made
public, you are solely responsible for
making sure that your comment does
not include any sensitive personal
information, such as a Social Security
number, date of birth, driver’s license
number or other state identification
number or foreign country equivalent,
passport number, financial account
number, or credit or debit card number.
You are also solely responsible for
making sure that your comment does
not include any sensitive health
information, like medical records or
other individually identifiable health
information. In addition, do not include
any ‘‘[t]rade secret or any commercial or
financial information which is obtained
from any person and which is privileged
or confidential,’’ as provided in Section
6(f) of the FTC Act, 15 U.S.C. 46(f), and
FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2).
In particular, do not include
competitively sensitive information
such as costs, sales statistics,
inventories, formulas, patterns, devices,
manufacturing processes, or customer
names.
If you want the Commission to give
your comment confidential treatment,
you must file it in paper form, with a
request for confidential treatment, and
you have to follow the procedure
explained in FTC Rule 4.9(c). 16 CFR
4.9(c).1 Your comment will be kept
confidential only if the FTC General
Counsel, in his or her sole discretion,
grants your request in accordance with
the law and the public interest.
Postal mail addressed to the
Commission is subject to delay due to
heightened security screening. As a
result, we encourage you to submit your
comments online. To make sure that the
Commission considers your online
comment, you must file it at https://
ftcpublic.commentworks.com/ftc/
usedautopartsguide, by following the
instructions on the web-based form. If
this Notice appears at https://
www.regulations.gov/#!home, you also
may file a comment through that Web
site.
If you file your comment on paper,
write ‘‘Used Auto Parts Guides Review,
16 CFR Part 20, Matter No. P127702’’ on
your comment and on the envelope, and
mail or deliver it to the following
address: Federal Trade Commission,
Office of the Secretary, Room H–113
(Annex B), 600 Pennsylvania Avenue
1 In particular, the written request for confidential
treatment that accompanies the comment must
include the factual and legal basis for the request,
and must identify the specific portions of the
comment to be withheld from the public record. See
FTC Rule 4.9(c), 16 CFR 4.9(c).
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NW., Washington, DC 20580. If possible,
submit your paper comment to the
Commission by courier or overnight
service.
Visit the Commission Web site at
https://www.ftc.gov to read this Notice
and the news release describing it. The
FTC Act and other laws that the
Commission administers permit the
collection of public comments to
consider and use in this proceeding as
appropriate. The Commission will
consider all timely and responsive
public comments that it receives on or
before August 3, 2012. You can find
more information, including routine
uses permitted by the Privacy Act, in
the Commission’s privacy policy, at
https://www.ftc.gov/ftc/privacy.htm.
List of Subjects in 16 CFR Part 20
Advertising, Motor vehicles, Trade
Practices.
Authority: 15 U.S.C. 41–58.
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2012–12132 Filed 5–18–12; 8:45 am]
BILLING CODE 6750–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2012–0181]
RIN 1625–AA09
Drawbridge Operation Regulation;
Alabama River, AL
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
modify the operating schedule that
governs the Meridian and Bigbee
Railroad (MNBR) swing span bridge
across the Alabama River at Selma,
Dallas County, Alabama. Due to the
infrequent requirement to open the
bridge for the passage of vessels, the
owner has requested a change allowing
the bridge to open only on signal if at
least 24-hours advanced notification is
given.
SUMMARY:
Comments and related material
must reach the Coast Guard on or before
July 20, 2012.
ADDRESSES: You may submit comments
identified by docket number USCG–
2012–0181 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
DATES:
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Federal Register / Vol. 77, No. 98 / Monday, May 21, 2012 / Proposed Rules
(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.
If
you have questions on this proposed
rule, call or email David Frank, Bridge
Administration Branch; telephone 504–
671–2128, email
David.m.frank@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:
A. 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.
mstockstill on DSK4VPTVN1PROD with PROPOSALS
1. Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2012–0181),
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 email address,
or a phone number in the body of your
document so that we can contact you if
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17:07 May 18, 2012
Jkt 226001
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–2012–0181’’ 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 comments.
2. 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–2012–
0181’’ 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.
3. 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).
4. 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.
For information on facilities or
services for individuals with disabilities
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or to request special assistance at the
public meeting, contact David Frank at
the telephone number or email address
indicated under the FOR FURTHER
INFORMATION CONTACT section of the
notice.
B. Regulatory History and Information
The Code of Federal Regulations
(CFR) under 33 CFR 117.5 requires that
drawbridges open on signal for vessel
passage. Prior to this request to change
the operating schedule of the draw, no
previous requests for changes have been
received. The bridge owner has initiated
this request without consultation of
waterway users but did consult with the
USCG Bridge Administration Office in
New Orleans to request guidance on
how to comply with the requirements of
33 CFR 117.40.
C. Basis and Purpose
The MNBR swing span bridge crosses
the Alabama River at mile 205.9, at
Selma, Dallas County, Alabama. The
bridge is currently maintained in the
closed-to-navigation position, opening
only for the passage of marine traffic.
The bridge has a vertical clearance of 26
feet above ordinary high water in the
closed-to-navigation position and
unlimited in the open-to-navigation
position. No alternate routes are
available.
Due to the limited number of
openings of the drawbridge, an average
of one opening per year, the bridge
owner requested a change to the
operating schedule that would allow the
bridge to open on signal if at least 24hour advanced notification is given.
Presently, the bridge opens on signal for
the passage of vessels; however, three
other bridges on the waterway open on
signal if at least 24-hour advanced
notification is given. The existing
bridges are located at mile 105.3, at Coy,
Alabama, and mile 277.8 and mile
293.3, both in Montgomery, Alabama.
D. Discussion of Proposed Rule
Under 33 CFR 117.5, the MNBR
bridge is required to open on signal for
the passage of vessels except as
otherwise authorized or required. The
proposed change will allow the bridge
to operate in a manner similar to other
movable bridges on the Alabama River,
both upstream and downstream from
this bridge, requiring 24-hour advanced
notification to schedule a bridge
opening. Under this proposed rule, the
MNBR will also remain in the closed-tonavigation position unless at least 24hour advance notice requesting an
opening is given. This proposed rule is
not anticipated to place an undue
burden on the vessel operators as they
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Federal Register / Vol. 77, No. 98 / Monday, May 21, 2012 / Proposed Rules
are already required to give at least 24hour advanced notice for other movable
bridges on the waterway.
E. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 14 of these statutes or
executive orders.
mstockstill on DSK4VPTVN1PROD with PROPOSALS
1. 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 Order
12866 or under section 1 of Executive
Order 13563. The Office of Management
and Budget has not reviewed it under
those Orders.
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. Those few vessels should be
able to provide adequate advanced
notification of their arrivals as is already
done on this waterway for three other
movable bridges located upstream and
downstream of this bridge.
2. Impact on Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
the impact of this proposed rule on
small entities. 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 Alabama River above mile 205.9.
This action will not have a significant
economic impact on a substantial
number of small entities because these
few vessels should be able to provide
adequate advanced notification of their
arrivals as is already done on this
waterway for three other movable
bridges located upstream and
downstream of this bridge.
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.
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3. 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 the person
listed in the FOR FURTHER INFORMATION
CONTACT, above. 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.
4. 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.).
5. Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this proposed rule under that
Order and have determined that it does
not have implications for federalism.
6. 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.
7. 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.
8. 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.
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9. 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.
10. 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.
11. 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.
12. Technical Standards
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
13. 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. This rule is categorically
excluded from further review under
paragraph 32(e) of Figure 2–1 of the
Commandant Instruction. Under figure
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Federal Register / Vol. 77, No. 98 / Monday, May 21, 2012 / Proposed Rules
2–1, paragraph (32)(e), of the
Instruction, an environmental analysis
checklist and a categorical exclusion
determination are not required for this
rule. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this proposed rule.
List of Subjects in 33 CFR Part 117
Bridges
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 117 as follows:
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
Department of Homeland Security Delegation
No. 0170.1.
2. In § 117.101, paragraphs (b) and (c)
are redesignated paragraphs (c) and (d),
and a new paragraph (b) is added to
read as follows:
§ 117.101
Alabama River.
*
*
*
*
*
(b) The draw of the Meridian and
Bigbee Railroad (MNBR) Bridge, mile
205.9, at Selma, shall open on signal if
at least 24 hours notice is given. An
opening can be arranged by contacting
the Meridian and Bigbee Railroad
Roadmaster at 601–480–5071.
*
*
*
*
*
Dated: May 3, 2012.
Peter Troedsson,
Captain, U.S. Coast Guard, Commander,
Eighth Coast Guard District, Acting.
[FR Doc. 2012–12269 Filed 5–18–12; 8:45 am]
BILLING CODE 9110–04–P
Coast Guard
33 CFR Part 117
[Docket No. USCG–2012–0180]
RIN 1625–AA09
Drawbridge Operation Regulation;
Carlin Bayou, LA
Coast Guard, DHS.
Notice of proposed rulemaking.
mstockstill on DSK4VPTVN1PROD with PROPOSALS
AGENCY:
The Coast Guard proposes to
add a special operating regulation
governing the Louisiana and Delta
Railroad (LDRR) vertical lift bridge
across Carlin Bayou in Delcambre, Iberia
Parish, Louisiana. The bridge currently
remains in the open-to-navigation
SUMMARY:
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17:07 May 18, 2012
Jkt 226001
If
you have questions on this proposed
rule, call or email David Frank, Bridge
Administration Branch; telephone 504–
671–2128, email
David.m.frank@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:
A. 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.
DEPARTMENT OF HOMELAND
SECURITY
ACTION:
position and only lowers for the passage
of trains. This rule proposes to codify
the current schedule as a special
operating regulation.
DATES: Comments and related material
must reach the Coast Guard on or before
July 20, 2012.
ADDRESSES: You may submit comments
identified by docket number USCG–
2012–0180 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.
1. Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2012–0180),
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
PO 00000
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29927
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 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–2012–0180’’ 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 comments.
2. 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–2012–
0180’’ 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.
3. 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).
E:\FR\FM\21MYP1.SGM
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]]>Agencies
[Federal Register Volume 77, Number 98 (Monday, May 21, 2012)]
[Proposed Rules]
[Pages 29924-29927]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-12269]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2012-0181]
RIN 1625-AA09
Drawbridge Operation Regulation; Alabama River, AL
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to modify the operating schedule that
governs the Meridian and Bigbee Railroad (MNBR) swing span bridge
across the Alabama River at Selma, Dallas County, Alabama. Due to the
infrequent requirement to open the bridge for the passage of vessels,
the owner has requested a change allowing the bridge to open only on
signal if at least 24-hours advanced notification is given.
DATES: Comments and related material must reach the Coast Guard on or
before July 20, 2012.
ADDRESSES: You may submit comments identified by docket number USCG-
2012-0181 using any one of the following methods:
(1) Federal eRulemaking Portal: https://www.regulations.gov.
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(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 email David Frank, Bridge Administration Branch;
telephone 504-671-2128, email David.m.frank@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:
A. 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.
1. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2012-0181), 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 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-2012-0181'' 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 comments.
2. 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-2012-0181'' 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.
3. 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).
4. 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.
For information on facilities or services for individuals with
disabilities or to request special assistance at the public meeting,
contact David Frank at the telephone number or email address indicated
under the FOR FURTHER INFORMATION CONTACT section of the notice.
B. Regulatory History and Information
The Code of Federal Regulations (CFR) under 33 CFR 117.5 requires
that drawbridges open on signal for vessel passage. Prior to this
request to change the operating schedule of the draw, no previous
requests for changes have been received. The bridge owner has initiated
this request without consultation of waterway users but did consult
with the USCG Bridge Administration Office in New Orleans to request
guidance on how to comply with the requirements of 33 CFR 117.40.
C. Basis and Purpose
The MNBR swing span bridge crosses the Alabama River at mile 205.9,
at Selma, Dallas County, Alabama. The bridge is currently maintained in
the closed-to-navigation position, opening only for the passage of
marine traffic. The bridge has a vertical clearance of 26 feet above
ordinary high water in the closed-to-navigation position and unlimited
in the open-to-navigation position. No alternate routes are available.
Due to the limited number of openings of the drawbridge, an average
of one opening per year, the bridge owner requested a change to the
operating schedule that would allow the bridge to open on signal if at
least 24-hour advanced notification is given. Presently, the bridge
opens on signal for the passage of vessels; however, three other
bridges on the waterway open on signal if at least 24-hour advanced
notification is given. The existing bridges are located at mile 105.3,
at Coy, Alabama, and mile 277.8 and mile 293.3, both in Montgomery,
Alabama.
D. Discussion of Proposed Rule
Under 33 CFR 117.5, the MNBR bridge is required to open on signal
for the passage of vessels except as otherwise authorized or required.
The proposed change will allow the bridge to operate in a manner
similar to other movable bridges on the Alabama River, both upstream
and downstream from this bridge, requiring 24-hour advanced
notification to schedule a bridge opening. Under this proposed rule,
the MNBR will also remain in the closed-to-navigation position unless
at least 24-hour advance notice requesting an opening is given. This
proposed rule is not anticipated to place an undue burden on the vessel
operators as they
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are already required to give at least 24-hour advanced notice for other
movable bridges on the waterway.
E. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on 14 of these statutes or executive orders.
1. 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 Order 12866 or under
section 1 of Executive Order 13563. The Office of Management and Budget
has not reviewed it under those Orders.
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. Those few vessels should be able to provide
adequate advanced notification of their arrivals as is already done on
this waterway for three other movable bridges located upstream and
downstream of this bridge.
2. Impact on Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this proposed rule on small entities. 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 Alabama River above mile 205.9. This action will
not have a significant economic impact on a substantial number of small
entities because these few vessels should be able to provide adequate
advanced notification of their arrivals as is already done on this
waterway for three other movable bridges located upstream and
downstream of this bridge.
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.
3. 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 the person listed in the FOR
FURTHER INFORMATION CONTACT, above. 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.
4. 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.).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
have determined that it does not have implications for federalism.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. Technical Standards
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
13. 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.
This rule is categorically excluded from further review under paragraph
32(e) of Figure 2-1 of the Commandant Instruction. Under figure
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2-1, paragraph (32)(e), of the Instruction, an environmental analysis
checklist and a categorical exclusion determination are not required
for this rule. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.
List of Subjects in 33 CFR Part 117
Bridges
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
1. The authority citation for part 117 continues to read as
follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 0170.1.
2. In Sec. 117.101, paragraphs (b) and (c) are redesignated
paragraphs (c) and (d), and a new paragraph (b) is added to read as
follows:
Sec. 117.101 Alabama River.
* * * * *
(b) The draw of the Meridian and Bigbee Railroad (MNBR) Bridge,
mile 205.9, at Selma, shall open on signal if at least 24 hours notice
is given. An opening can be arranged by contacting the Meridian and
Bigbee Railroad Roadmaster at 601-480-5071.
* * * * *
Dated: May 3, 2012.
Peter Troedsson,
Captain, U.S. Coast Guard, Commander, Eighth Coast Guard District,
Acting.
[FR Doc. 2012-12269 Filed 5-18-12; 8:45 am]
BILLING CODE 9110-04-P
