Drawbridge Operation Regulation; Inner Harbor Navigational Canal, New Orleans, LA, 8266-8269 [2014-03087]

Download as PDF 8266 Federal Register / Vol. 79, No. 29 / Wednesday, February 12, 2014 / Rules and Regulations Executive Order 12630 (Taking of Private Property) The FHWA has analyzed this rule under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. This rule will not affect a taking of private property or otherwise have taking implications under Executive Order 12630. Executive Order 12988 (Civil Justice Reform) This action 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. Executive Order 13045 (Protection of Children) The FHWA has analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. The FHWA certifies that this rule will not cause an environmental risk to health or safety that might disproportionately affect children. by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of its programs, policies, and activities on minorities and low-income populations. The FHWA has determined that this rule does not raise any environmental justice issues. Regulation Identification Number A regulation identification number (RIN) is assigned to each regulatory action listed in the Unified Agenda of Federal Regulations. The Regulatory Information Service Center publishes the Unified Agenda in April and October of each year. The RIN number contained in the heading of this document can be used to cross-reference this action with the Unified Agenda. List of Subjects in 23 CFR Part 636 Construction, Construction manager, General contractor, Grant programs, Transportation, Highways, and Roads. Issued on: January 31, 2014. Gregory G. Nadeau, Deputy Administrator, Federal Highway Administration. sroberts on DSK5SPTVN1PROD with RULES Executive Order 13175 (Tribal Consultation) The FHWA has analyzed this rule under Executive Order 13175 and believes that it will not have substantial direct effects on one or more Indian tribes; will not impose substantial direct compliance costs on Indian tribal governments; and will not preempt tribal laws. This rule addresses obligations of Federal funds to States for Federal-aid highway projects and will not impose any direct compliance requirements on Indian tribal governments. Therefore, a tribal summary impact statement is not required. In consideration of the foregoing, FHWA amends title 23, Code of Federal Regulations, part 636 as follows: Executive Order 13211 (Energy Effects) The FHWA has analyzed this action under Executive Order 13211, Actions Concerning Regulations that Significantly Affect Energy Supply, Distribution, or Use. The FHWA has determined that this rule is not a significant energy action 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. Therefore, a Statement of Energy Effects is not required. * Executive Order 12898 (Environmental Justice) Executive Order 12898 requires that each Federal agency make achieving environmental justice part of its mission VerDate Mar<15>2010 15:45 Feb 11, 2014 Jkt 232001 PART 636—DESIGN-BUILD CONTRACTING 1. The authority citation for part 636 continues to read as follows: Authority: Sec. 1503 of Pub. L. 109–59, 119 Stat. 1144; Sec. 1307 of Pub. L. 105–178, 112 Stat. 107; 23 U.S.C. 101, 109, 112, 113, 114, 115, 119, 128, and 315; 49 CFR 1.48(b). 2. Amend § 636.209 by revising paragraph (b) to read as follows: ■ § 636.209 What items must be included in a phase-two solicitation? * * * * (b)(1) At your discretion, you may allow proposers to submit alternative technical concepts (ATCs) in their proposals if: (i) The ATCs: (A) Provide an equal or better solution; and (B) Do not conflict with criteria agreed upon in the environmental decisionmaking process; and (ii) The RFP document clearly describes your: (A) Requirements for ATC content, submission, and review; (B) Procedures for confidential meetings (if used); and (C) Methods for evaluating ATCs in the proposal review process. (2) You must maintain the confidentiality of ATCs, except to the Frm 00014 Fmt 4700 Sfmt 4700 [FR Doc. 2014–03034 Filed 2–11–14; 8:45 am] BILLING CODE 4910–22–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2013–0562] RIN 1625–AA09 Drawbridge Operation Regulation; Inner Harbor Navigational Canal, New Orleans, LA Coast Guard, DHS. Final rule. AGENCY: ACTION: The Coast Guard is modifying the operating schedules that govern the US 90 (Danzinger) Bridge across the Inner Harbor Navigational Canal (IHNC), mile 3.1 and the Senator Ted Hickey (Leon C. Simon Blvd./Seabrook) bridge across the IHNC, mile 4.6, both at New Orleans, LA. This change allows for the safe navigation of vessels while reflecting the low volume of vessel traffic through the bridges thereby increasing efficiency of operations. The changes allow the bridges to operate in a manner that aligns the two operating schedules so the bridge owner will be able to use the same bridge crew personnel to operate both bridges with little to no effect on navigation through the bridges. DATES: This rule is effective March 14, 2014. ADDRESSES: Documents mentioned in this preamble are part of docket USCG– 2013–0562. To view documents mentioned in this preamble as being available in the docket, go to http:// www.regulations.gov, type the docket number in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rulemaking. You may also visit the Docket Management Facility in Room W12–140 on the ground floor of the SUMMARY: ■ PO 00000 extent that disclosure is necessary to maintain compliance with Federal or State permitting and other legal requirements necessary for the delivery of the project. When disclosure is necessary, you must revise the RFP documents by releasing the minimal amount of information necessary to ensure: (i) Compliance with Federal or State permitting and other legal requirements; and (ii) All proposers are aware of the revised RFP requirements. E:\FR\FM\12FER1.SGM 12FER1 Federal Register / Vol. 79, No. 29 / Wednesday, February 12, 2014 / Rules and Regulations 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. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Mr. Jim Wetherington, Coast Guard; telephone 504–671–2128, email james.r.wetherington@uscg.mil. If you have questions on viewing the docket, call Cheryl F. Collins, Program Manager, Docket Operations, telephone 202–366– 9826. SUPPLEMENTARY INFORMATION: Table of Acronyms CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register GIWW Gulf Intracoastal Waterway IHNC Inner Harbor Navigation Canal LDOTD Louisiana Department of Transportation and Development NPRM Notice of Proposed Rulemaking § Section Symbol U.S.C. United States Code sroberts on DSK5SPTVN1PROD with RULES A. Regulatory History and Information On October 23, 2013 we published a notice of proposed rulemaking (NPRM) entitled Drawbridge Operation Regulation; Inner Harbor Navigational Canal, New Orleans, LA in the Federal Register (78 FR 63136) proposing the changes in the operating schedules for these two bridges. We also published a notice of temporary deviation from regulations; request for comments to run congruently with the NPRM, on October 22, 2013 (78 FR 62439). The temporary deviation served as a test period for the changes, allowing for public comment while the changes were in place. We received no comments on either action. No public meeting was requested, and none was held. B. Basis and Purpose The Louisiana Department of Transportation and Development (LDOTD), on behalf of the Orleans Levee District, requested a change to the operating regulations for the US 90 (Danziger) and the Senator Ted Hickey (Leon C. Simon Blvd./Seabrook) bridges on the IHNC past the Gulf Intracostal Waterway (GIWW). The Coast Guard has approved this request. These changes allow LDOTD to operate these two bridges with the same personnel, thereby increasing the overall efficiency of operations on these bridges and ultimately reducing overall operational costs while allowing for improved transit through these bridges. This section of the IHNC is not on the GIWW and therefore has far fewer opening requests than the bridges over the GIWW. VerDate Mar<15>2010 15:45 Feb 11, 2014 Jkt 232001 The US 90 (Danzinger) Bridge across the IHNC, mile 3.1, at New Orleans, Orleans Parish, Louisiana is a vertical lift bridge with a vertical clearance of 50 feet above Mean High Water (MHW), elevation 5.0 Mean Sea Level (MSL), in the closed-to-navigation position and 120 feet MHW, elevation 5.0 MSL, in the open-to-navigation position; it averaged nine openings per month in the last year. The Senator Ted Hickey (Leon C. Simon Blvd./Seabrook) Bridge across the IHNC, mile 4.6, at New Orleans, Orleans Parish, Louisiana is a bascule bridge with a vertical clearance of 46 feet above Mean High Water (MHW), elevation 5.0 Mean Sea Level (MSL), in the closed-to-navigation position and unlimited in the open-tonavigation position; it averaged 32 openings a month in the past year. C. Discussion of Comments, Changes and the Final Rule The Coast Guard provided a comment period of 60 days and received no comments on this regulatory action. One change to the regulatory text is made through this final rule for clarity. This change is regarding when a request for opening is required. The NPRM text states ‘‘the draw of the Senator Ted Hickey (Leon C. Simon Blvd./Seabrook) Bridge, mile 4.6, shall open on signal from 8 a.m. through 8 p.m. and from 8 p.m. through 8 a.m. if at least two hours notice is given; except that the draw need not be opened from 7 a.m. to 8:30 a.m. and 5 p.m. to 6:30 p.m. Monday through Friday’’. The corrected text states ‘‘the draw of the Senator Ted Hickey (Leon C. Simon Blvd./Seabrook) Bridge, mile 4.6, shall open on signal from 7 a.m. to 8 p.m.; except the bridge need not open from 7 a.m. to 8:30 a.m. and 5 p.m. to 6:30 p.m. Monday through Friday. From 8 p.m. to 7 a.m., the draw shall open on signal if at least two hours notice is given’’. This change of text corrects an overlap of time periods in the previous text and makes the rule clearer. The US 90 (Danzinger) Bridge, mile 3.1, has a current operating schedule under 33 CFR 117.458(b). The bridge shall open on signal; except that from 8 p.m. to 7 a.m. the draw shall open on signal if at least four hours notice is given, and the draw need not be opened from 7 a.m. to 8:30 a.m. and 5 p.m. to 6:30 p.m. Monday through Friday. 33 CFR 117.458(b) will now allow the Danzinger Bridge to open if two hours notice is given 24 hours a day; except the bridge need not open from 7 a.m. to 8:30 a.m. and 5 p.m. to 6:30 p.m. Monday through Friday. This change allows for the safe navigation of vessels while reflecting the low volume of PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 8267 vessel traffic through this bridge thereby increasing efficiency of operations. The change also allows the bridges to operate in a manner that aligns it with the operating schedules of the bridges upstream so the bridge owner will be able to use the same bridge crew personnel to operate both of their bridges with little to no effect on navigation through the bridges. The Senator Ted Hickey (Leon C. Simon Blvd./Seabrook) Bridge has a current operating schedule under 33 CFR 117.458(c). The bridge will open on signal at all times but is allowed to remain closed from 7 a.m. to 8:30 a.m. and 5 p.m. to 6:30 p.m. Monday through Friday. 33 CFR 117.458(c) will now allow the Senator Ted Hickey Bridge to open on signal from 7 a.m. to 8 p.m.; except the bridge need not open from 7 a.m. to 8:30 a.m. and 5 p.m. to 6:30 p.m. Monday through Friday. From 8 p.m. to 7 a.m., the draw shall open on signal if at least two hours notice is given. This change allows for the safe navigation of vessels while reflecting the low volume of vessel traffic through this bridge thereby increasing efficiency of operations. The change also allows the bridges to operate in a manner that aligns it with the operating schedules of the bridges upstream so the bridge owner will be able to use the same bridge crew personnel to operate both of their bridges with little to no effect on navigation through the bridges. D. Regulatory Analyses We developed this rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on these statutes or executive orders. 1. Regulatory Planning and Review This 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. This rule is not a significant regulatory action. This rule merely modified a currently existing regulation by adjusting the required time of notification necessary to request a bridge opening. Mariners passing through this area will be aware of the notification requirements and will be able to plan their transits accordingly E:\FR\FM\12FER1.SGM 12FER1 8268 Federal Register / Vol. 79, No. 29 / Wednesday, February 12, 2014 / Rules and Regulations and provide the proper notice if necessary. sroberts on DSK5SPTVN1PROD with RULES 2. Impact on Small Entities The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601–612, as amended, requires federal agencies to consider the potential impact of regulations on small entities during rulemaking. 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 received no comments from the Small Business Administration on this rule. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. This final rule will affect the following entities, some of which might be small entities: The owners or operators of vessels needing to transit the Danzinger Bridge with less than two hours notice 24 hours a day and the owners or operators of vessels needing to transit the Senator Tom Hickey bridge between 8 p.m. to 7 a.m. on less than a two-hour notice. No comments were received from any of these entities regarding this action. Due to the limited use of the non-GIWW section of the Inner Harbor Navigation Canal, and the lack of commentary contradicting the determination, it has been determined that there will be little affect on small entities. 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 rule. 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. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency’s responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1–888–REG–FAIR (1–888–734–3247). The Coast Guard will not retaliate VerDate Mar<15>2010 15:45 Feb 11, 2014 Jkt 232001 against small entities that question or complain about this rule or any policy or action of the Coast Guard. 4. Collection of Information This rule calls 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 rule under that Order and have determined that it does not have implications for federalism. 6. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. 7. 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 rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. 8. Taking of Private Property This rule will 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. 9. Civil Justice Reform This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. an economically significant rule and does not create an environmental risk to health or risk to safety that might disproportionately affect children. 11. Indian Tribal Governments This rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. 12. Energy Effects This action is not a ‘‘significant energy action’’ under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. 13. Technical Standards This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. 14. Environment We have analyzed this rule under Department of Homeland Security Management Directive 023–01 and Commandant Instruction M16475.lD, which guides the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321–4370f), and have concluded that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves the operating regulations or procedures for drawbridges. This rule is categorically excluded, under figure 2–1, paragraph (32)(e), of the Instruction. Under figure 2–1, paragraph (32)(e), of the Instruction, an environmental analysis checklist and a categorical exclusion determination are not required for this rule. List of Subjects in 33 CFR Part 117 Bridges. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 117 as follows: PART 117—DRAWBRIDGE OPERATION REGULATIONS 10. Protection of Children ■ We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not Authority: 33 U.S.C. 499; 33 CFR 1.05–1; Department of Homeland Security Delegation No. 0170.1. PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 1. The authority citation for part 117 continues to read as follows: E:\FR\FM\12FER1.SGM 12FER1 Federal Register / Vol. 79, No. 29 / Wednesday, February 12, 2014 / Rules and Regulations 2. Section 117.458(b) and (c) are revised to read as follows: ■ § 117.458 Inner Harbor Navigation Canal, New Orleans. * * * * * (b) The US 90 (Danzinger) Bridge, mile 3.1, shall open on signal if at least two hours notice is given; except that the draw need not be opened from 7 a.m. to 8:30 a.m. and 5 p.m. to 6:30 p.m. Monday through Friday. (c) The draw of the Senator Ted Hickey (Leon C. Simon Blvd./Seabrook) Bridge, mile 4.6, shall open on signal from 7 a.m. to 8 p.m.; except that the bridge need not open from 7 a.m. to 8:30 a.m. and 5 p.m. to 6:30 p.m. Monday through Friday. From 8 p.m. to 7 a.m., the draw shall open on signal if at least two hours notice is given. Dated: January 28, 2014. Kevin S. Cook, Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District. [FR Doc. 2014–03087 Filed 2–11–14; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2014–0021] Drawbridge Operation Regulation; Old River, Between Victoria Island and Byron Tract, CA Coast Guard, DHS. Notice of deviation from drawbridge regulation. AGENCY: ACTION: The Coast Guard has issued a temporary deviation from the operating schedule that governs the State Highway 4 Drawbridge across Old River, mile 14.8, between Victoria Island and Byron Tract, CA. The deviation is necessary to allow the bridge owner to make critical repairs to the bridge gears. This deviation allows the bridge to remain in the closed-to-navigation position during the deviation period. DATES: This deviation is effective without actual notice from February 12, 2014 until 6 p.m. on February 28, 2014. For the purposes of enforcement, actual notice will be used from 6 p.m. on January 30, 2014, until February 12, 2014. sroberts on DSK5SPTVN1PROD with RULES SUMMARY: The docket for this deviation, [USCG–2014–0021], is available at http://www.regulations.gov. Type the docket number in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ ADDRESSES: VerDate Mar<15>2010 15:45 Feb 11, 2014 Jkt 232001 Click on Open Docket Folder on the line associated with this deviation. 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. FOR FURTHER INFORMATION CONTACT: If you have questions on this temporary deviation, call or email David H. Sulouff, Chief, Bridge Section, Eleventh Coast Guard District; telephone 510– 437–3516, email David.H.Sulouff@ uscg.mil. If you have questions on viewing the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone 202–366–9826. SUPPLEMENTARY INFORMATION: California Department of Transportation has requested a temporary change to the operation of the State Highway 4 Drawbridge, mile 14.8, over Old River, between Victoria Island and Byron Tract, CA. The drawbridge navigation span provides 12 feet vertical clearance above Mean High Water in the closedto-navigation position. Pursuant to 33 CFR 117.183, the draw opens on signal from May 1 through October 31 from 6 a.m. to 10 p.m. and from November 1 through April 30 from 9 a.m. to 5 p.m. and at other times, opening the draw on signal if at least four hours advance notice is given to the drawtender at the Rio Vista drawbridge across the Sacramento River, mile 12.8. Navigation on the waterway is recreational and commercial. The drawspan will be secured in the closed-to-navigation position from 6 p.m. on January 30, 2014 to 6 p.m. on February 28, 2014, to allow the bridge owner to repair the gears inside the main bridge gearbox, critical components of the drawbridge. This temporary deviation has been coordinated with the waterway users. No objections to the proposed temporary deviation were raised. Vessels able to pass through the bridge in the closed position may do so at anytime. The bridge will not be able to open for emergencies. An alternative route around Victoria Island may be used for vessels unable to pass through the bridge in the closed position. The Coast Guard will also inform the users of the waterway through our Local and Broadcast Notices to Mariners of the change in operating schedule for the bridge so that vessels can arrange their transits to minimize any impact caused by the temporary deviation. In accordance with 33 CFR 117.35(e), the drawbridge must return to its regular PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 8269 operating schedule immediately at the end of the effective period of this temporary deviation. This deviation from the operating regulations is authorized under 33 CFR 117.35. Dated: January 30, 2014. D.H. Sulouff, District Bridge Chief, Eleventh Coast Guard District. [FR Doc. 2014–03094 Filed 2–11–14; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2013–1044] Drawbridge Operation Regulation; Elizabeth River, Eastern Branch, Norfolk, VA Coast Guard, DHS. Notice of deviation from drawbridge regulation. AGENCY: ACTION: The Coast Guard has issued a temporary deviation from the operating schedule that governs the draw of the Norfolk Southern #5 Railroad Bridge, across the Elizabeth River Eastern Branch, mile 1.1, at Norfolk, VA. This deviation is necessary to facilitate the replacement of 189 bridge ties and the reworking of the moveable rail joints on the Norfolk Southern #5 Railroad drawbridge. This temporary deviation allows the drawbridge to remain in the closed to navigation position. DATES: This deviation is effective from 8 a.m. on March 4, 2014 to 2 p.m. April 3, 2014. ADDRESSES: The docket for this deviation, [USCG–2013–1044] is available at http://www.regulations.gov. Type the docket number in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this deviation. 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. FOR FURTHER INFORMATION CONTACT: If you have questions on this temporary deviation, call or email Mrs. Kashanda Booker, Bridge Administration Branch Fifth District, Coast Guard; telephone (757) 398–6227, email Kashanda.l.booker@uscg.mil. If you have questions on reviewing the docket, SUMMARY: E:\FR\FM\12FER1.SGM 12FER1

Agencies

[Federal Register Volume 79, Number 29 (Wednesday, February 12, 2014)]
[Rules and Regulations]
[Pages 8266-8269]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-03087]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2013-0562]
RIN 1625-AA09


Drawbridge Operation Regulation; Inner Harbor Navigational Canal, 
New Orleans, LA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is modifying the operating schedules that 
govern the US 90 (Danzinger) Bridge across the Inner Harbor 
Navigational Canal (IHNC), mile 3.1 and the Senator Ted Hickey (Leon C. 
Simon Blvd./Seabrook) bridge across the IHNC, mile 4.6, both at New 
Orleans, LA. This change allows for the safe navigation of vessels 
while reflecting the low volume of vessel traffic through the bridges 
thereby increasing efficiency of operations. The changes allow the 
bridges to operate in a manner that aligns the two operating schedules 
so the bridge owner will be able to use the same bridge crew personnel 
to operate both bridges with little to no effect on navigation through 
the bridges.

DATES: This rule is effective March 14, 2014.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2013-0562. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the

[[Page 8267]]

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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Jim Wetherington, Coast Guard; telephone 504-671-
2128, email james.r.wetherington@uscg.mil. If you have questions on 
viewing the docket, call Cheryl F. Collins, Program Manager, Docket 
Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
GIWW Gulf Intracoastal Waterway
IHNC Inner Harbor Navigation Canal
LDOTD Louisiana Department of Transportation and Development
NPRM Notice of Proposed Rulemaking
Sec.  Section Symbol
U.S.C. United States Code

A. Regulatory History and Information

    On October 23, 2013 we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulation; Inner Harbor 
Navigational Canal, New Orleans, LA in the Federal Register (78 FR 
63136) proposing the changes in the operating schedules for these two 
bridges. We also published a notice of temporary deviation from 
regulations; request for comments to run congruently with the NPRM, on 
October 22, 2013 (78 FR 62439). The temporary deviation served as a 
test period for the changes, allowing for public comment while the 
changes were in place. We received no comments on either action. No 
public meeting was requested, and none was held.

B. Basis and Purpose

    The Louisiana Department of Transportation and Development (LDOTD), 
on behalf of the Orleans Levee District, requested a change to the 
operating regulations for the US 90 (Danziger) and the Senator Ted 
Hickey (Leon C. Simon Blvd./Seabrook) bridges on the IHNC past the Gulf 
Intracostal Waterway (GIWW). The Coast Guard has approved this request. 
These changes allow LDOTD to operate these two bridges with the same 
personnel, thereby increasing the overall efficiency of operations on 
these bridges and ultimately reducing overall operational costs while 
allowing for improved transit through these bridges. This section of 
the IHNC is not on the GIWW and therefore has far fewer opening 
requests than the bridges over the GIWW.
    The US 90 (Danzinger) Bridge across the IHNC, mile 3.1, at New 
Orleans, Orleans Parish, Louisiana is a vertical lift bridge with a 
vertical clearance of 50 feet above Mean High Water (MHW), elevation 
5.0 Mean Sea Level (MSL), in the closed-to-navigation position and 120 
feet MHW, elevation 5.0 MSL, in the open-to-navigation position; it 
averaged nine openings per month in the last year. The Senator Ted 
Hickey (Leon C. Simon Blvd./Seabrook) Bridge across the IHNC, mile 4.6, 
at New Orleans, Orleans Parish, Louisiana is a bascule bridge with a 
vertical clearance of 46 feet above Mean High Water (MHW), elevation 
5.0 Mean Sea Level (MSL), in the closed-to-navigation position and 
unlimited in the open-to-navigation position; it averaged 32 openings a 
month in the past year.

C. Discussion of Comments, Changes and the Final Rule

    The Coast Guard provided a comment period of 60 days and received 
no comments on this regulatory action. One change to the regulatory 
text is made through this final rule for clarity. This change is 
regarding when a request for opening is required. The NPRM text states 
``the draw of the Senator Ted Hickey (Leon C. Simon Blvd./Seabrook) 
Bridge, mile 4.6, shall open on signal from 8 a.m. through 8 p.m. and 
from 8 p.m. through 8 a.m. if at least two hours notice is given; 
except that the draw need not be opened from 7 a.m. to 8:30 a.m. and 5 
p.m. to 6:30 p.m. Monday through Friday''. The corrected text states 
``the draw of the Senator Ted Hickey (Leon C. Simon Blvd./Seabrook) 
Bridge, mile 4.6, shall open on signal from 7 a.m. to 8 p.m.; except 
the bridge need not open from 7 a.m. to 8:30 a.m. and 5 p.m. to 6:30 
p.m. Monday through Friday. From 8 p.m. to 7 a.m., the draw shall open 
on signal if at least two hours notice is given''. This change of text 
corrects an overlap of time periods in the previous text and makes the 
rule clearer.
    The US 90 (Danzinger) Bridge, mile 3.1, has a current operating 
schedule under 33 CFR 117.458(b). The bridge shall open on signal; 
except that from 8 p.m. to 7 a.m. the draw shall open on signal if at 
least four hours notice is given, and the draw need not be opened from 
7 a.m. to 8:30 a.m. and 5 p.m. to 6:30 p.m. Monday through Friday. 33 
CFR 117.458(b) will now allow the Danzinger Bridge to open if two hours 
notice is given 24 hours a day; except the bridge need not open from 7 
a.m. to 8:30 a.m. and 5 p.m. to 6:30 p.m. Monday through Friday. This 
change allows for the safe navigation of vessels while reflecting the 
low volume of vessel traffic through this bridge thereby increasing 
efficiency of operations. The change also allows the bridges to operate 
in a manner that aligns it with the operating schedules of the bridges 
upstream so the bridge owner will be able to use the same bridge crew 
personnel to operate both of their bridges with little to no effect on 
navigation through the bridges.
    The Senator Ted Hickey (Leon C. Simon Blvd./Seabrook) Bridge has a 
current operating schedule under 33 CFR 117.458(c). The bridge will 
open on signal at all times but is allowed to remain closed from 7 a.m. 
to 8:30 a.m. and 5 p.m. to 6:30 p.m. Monday through Friday. 33 CFR 
117.458(c) will now allow the Senator Ted Hickey Bridge to open on 
signal from 7 a.m. to 8 p.m.; except the bridge need not open from 7 
a.m. to 8:30 a.m. and 5 p.m. to 6:30 p.m. Monday through Friday. From 8 
p.m. to 7 a.m., the draw shall open on signal if at least two hours 
notice is given. This change allows for the safe navigation of vessels 
while reflecting the low volume of vessel traffic through this bridge 
thereby increasing efficiency of operations. The change also allows the 
bridges to operate in a manner that aligns it with the operating 
schedules of the bridges upstream so the bridge owner will be able to 
use the same bridge crew personnel to operate both of their bridges 
with little to no effect on navigation through the bridges.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes or executive orders.

1. Regulatory Planning and Review

    This 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.
    This rule is not a significant regulatory action. This rule merely 
modified a currently existing regulation by adjusting the required time 
of notification necessary to request a bridge opening. Mariners passing 
through this area will be aware of the notification requirements and 
will be able to plan their transits accordingly

[[Page 8268]]

and provide the proper notice if necessary.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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 received no comments from the Small Business 
Administration on this rule. The Coast Guard certifies under 5 U.S.C. 
605(b) that this rule will not have a significant economic impact on a 
substantial number of small entities.
    This final rule will affect the following entities, some of which 
might be small entities: The owners or operators of vessels needing to 
transit the Danzinger Bridge with less than two hours notice 24 hours a 
day and the owners or operators of vessels needing to transit the 
Senator Tom Hickey bridge between 8 p.m. to 7 a.m. on less than a two-
hour notice. No comments were received from any of these entities 
regarding this action. Due to the limited use of the non-GIWW section 
of the Inner Harbor Navigation Canal, and the lack of commentary 
contradicting the determination, it has been determined that there will 
be little affect on small entities.

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 rule. 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.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). 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 rule calls 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 rule under that Order and have 
determined that it does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. 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 rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

8. Taking of Private Property

    This rule will 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.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that might 
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guides the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
that this action is one of a category of actions that do not 
individually or cumulatively have a significant effect on the human 
environment. This rule involves the operating regulations or procedures 
for drawbridges. This rule is categorically excluded, under figure 2-1, 
paragraph (32)(e), of the Instruction.
    Under figure 2-1, paragraph (32)(e), of the Instruction, an 
environmental analysis checklist and a categorical exclusion 
determination are not required for this rule.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
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 8269]]



0
2. Section 117.458(b) and (c) are revised to read as follows:


Sec.  117.458  Inner Harbor Navigation Canal, New Orleans.

* * * * *
    (b) The US 90 (Danzinger) Bridge, mile 3.1, shall open on signal if 
at least two hours notice is given; except that the draw need not be 
opened from 7 a.m. to 8:30 a.m. and 5 p.m. to 6:30 p.m. Monday through 
Friday.
    (c) The draw of the Senator Ted Hickey (Leon C. Simon Blvd./
Seabrook) Bridge, mile 4.6, shall open on signal from 7 a.m. to 8 p.m.; 
except that the bridge need not open from 7 a.m. to 8:30 a.m. and 5 
p.m. to 6:30 p.m. Monday through Friday. From 8 p.m. to 7 a.m., the 
draw shall open on signal if at least two hours notice is given.

    Dated: January 28, 2014.
Kevin S. Cook,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2014-03087 Filed 2-11-14; 8:45 am]
BILLING CODE 9110-04-P