Drawbridge Operation Regulations; Lacombe Bayou, LA, 59741-59743 [2019-24238]
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Federal Register / Vol. 84, No. 215 / Wednesday, November 6, 2019 / Proposed Rules
(a) Comments Due Date
The FAA must receive comments by
December 23, 2019.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Bombardier, Inc.,
Model BD–100–1A10 airplanes, certificated
in any category, serial numbers 20003
through 20500 inclusive and 20501 through
20752 inclusive.
(d) Subject
Air Transport Association (ATA) of
America Code 22, Auto flight.
(e) Reason
This AD was prompted by a report that
during ALTS CAP or (V) ALTS CAP mode,
the flight guidance/autopilot does not
account for engine failure while capturing an
altitude. The FAA is issuing this AD to
address the occurrence of an engine failure
during or before a climb while in ALTS CAP
or (V) ALTS CAP mode, as it could cause the
airspeed to drop significantly below the safe
operating speed and may require prompt
flightcrew intervention to maintain a safe
operating speed.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Revision of the Airplane Flight Manual
(AFM)
Within 30 days after the effective date of
this AD: Revise the LIMITATIONS—System
Limitations and the EMERGENCY
PROCEDURES—Powerplant sections of the
existing AFM to include the information in
‘‘Autoflight’’ and ‘‘Engine Failure in Climb
During ALTS CAP’’ of Bombardier
Challenger 300, Airplane Flight Manual,
Publication No. CSP 100–1, Revision 55,
dated April 8, 2019 (for airplanes having
serial numbers 20003 through 20500
inclusive); or Bombardier Challenger 350,
Airplane Flight Manual, Publication No. CH
350 AFM, Revision 21, dated April 8, 2019
(for airplanes having serial numbers 20501
through 20752 inclusive).
(h) Other FAA AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, New York ACO
Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In
accordance with 14 CFR 39.19, send your
request to your principal inspector or local
Flight Standards District Office, as
appropriate. If sending information directly
to the manager of the certification office,
send it to ATTN: Program Manager,
Continuing Operational Safety, FAA, New
York ACO Branch, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; phone: 516–
228–7300; fax: 516–794–5531. Before using
any approved AMOC, notify your appropriate
principal inspector, or lacking a principal
inspector, the manager of the local flight
VerDate Sep<11>2014
16:44 Nov 05, 2019
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standards district office/certificate holding
district office.
(2) Contacting the Manufacturer: For any
requirement in this AD to obtain corrective
actions from a manufacturer, the action must
be accomplished using a method approved
by the Manager, New York ACO Branch,
FAA; or Transport Canada Civil Aviation
(TCCA); or Bombardier, Inc.’s TCCA Design
Approval Organization (DAO). If approved by
the DAO, the approval must include the
DAO-authorized signature.
(i) Related Information
(1) Refer to Mandatory Continuing
Airworthiness Information (MCAI) Canadian
AD CF–2019–12, dated April 3, 2019, for
related information. This MCAI may be
found in the AD docket on the internet at
https://www.regulations.gov by searching for
and locating Docket No. FAA–2019–0728.
(2) For more information about this AD,
contact Steven Dzierzynski, Aerospace
Engineer, Avionics and Electrical Systems
Services Section, FAA, New York ACO
Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone: 516–228–7367;
fax: 516–794–5531; email: 9-avs-nyaco-cos@
faa.gov.
(3) For service information identified in
this AD, contact Bombardier, Inc., 200 CoˆteVertu Road West, Dorval, Que´bec H4S 2A3,
Canada; North America toll-free phone: 1–
866–538–1247 or direct-dial phone: 1–514–
855–2999; email: ac.yul@
aero.bombardier.com; internet: https://
www.bombardier.com. You may view this
service information at the FAA, Transport
Standards Branch, 2200 South 216th St., Des
Moines, WA. For information on the
availability of this material at the FAA, call
206–231–3195.
Issued in Des Moines, Washington, on
October 28, 2019.
Dionne Palermo,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2019–24192 Filed 11–5–19; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2018–0953]
RIN 1625–AA09
Drawbridge Operation Regulations;
Lacombe Bayou, LA
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
change the operating schedule that
governs the Tammany Trace swing
bridge across Lacombe Bayou, mile 5.2,
at Lacombe, St. Tammany Parish,
Louisiana. This action is necessary to
SUMMARY:
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59741
effectively coordinate Tammany Trace
trail operations and maintenance with
drawbridge operations.
DATES: Comments and related material
must be received by the Coast Guard on
or before December 6, 2019.
ADDRESSES: You may submit comments
identified by docket number USCG–
2018–0953 using Federal eRulemaking
Portal at https://www.regulations.gov.
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
If
you have questions about this proposed
rulemaking, call or email Mr. Doug
Blakemore, Eighth Coast Guard District
Bridge Administrator; telephone (504)
671–2128, email Douglas.A.Blakemore@
uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
STP St. Tammany Parish
Trace Tammany Trace
§ Section
II. Background, Purpose and Legal
Basis
Saint Tammany Parish (STP) has
requested to change the operating
requirements for the Tammany Trace
swing bridge across Lacombe Bayou,
mile 5.2, at Lacombe, St. Tammany
Parish, Louisiana. This bridge currently
opens on signal according to 33 CFR
117.5. STP has requested to open the
bridge if vessels provide 2 hours
advance notification.
This bridge spans the Tammany Trace
which is a park area that is used by
pedestrians and bicyclists. The Trace is
open from 7 a.m. to 7:30 p.m. daily. The
bridge operates during Trace hours and
is secured in the open to navigation
position when the Trace is closed. This
bridge has a vertical clearance of 9.7 feet
above mean high water in the closed to
vessel position and unlimited vertical
clearance in the open to vessel traffic
position. There are few vessel
movements through this bridge. From
2015 through 2017 the bridge opened
197 times for vessel passage. This
waterway is primarily used by
recreational boaters in the Lacombe area
and does not support commercial
activity.
In addition to bridge operations, STP
bridge tenders assist with Trace bike,
pedestrian and equestrian operations
and maintenance. This change would
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Federal Register / Vol. 84, No. 215 / Wednesday, November 6, 2019 / Proposed Rules
allow the parish to coordinate and
schedule Tammany Trace requirements
and provide for the reasonable needs of
navigation.
The Coast Guard is issuing this NPRM
under authority 33 U.S.C. 499.
III. Discussion of Comments and
Change
The Coast Guard’s decision to
promulgate a drawbridge regulation
depends primarily upon the effect of the
proposed rule on navigation to assure
that the rule provides for the reasonable
needs of navigation after consideration
of the rule on the impact to the public.
The Coast Guard must ensure that
bridges across navigable waters do not
unreasonably obstruct waterway traffic
and at the same time provide for the
reasonable needs of land traffic.
Drawbridge operations must balance the
needs of vessel, vehicle, rail, pedestrian
and recreational traffic in the overall
public interest.
Based on the number of times that
this bridge has opened for vessel traffic
in three years, the Coast Guard proposes
that it is reasonable for vessels to
provide a 2 hour advance notice to open
the drawbridge.
IV. Discussion of Proposed Rule
The Coast Guard has reviewed the
data and information provided by STP
and has determined that there should be
no adverse impact on vessels ability to
use Lacombe Bayou at the bridge
location. There are no other proposed
changes to the operating schedule. The
regulatory text we are proposing appears
at the end of this document.
V. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on these statutes and Executive
orders and we discuss First Amendment
rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This NPRM has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of
Management and Budget (OMB) and
pursuant to OMB guidance it is exempt
VerDate Sep<11>2014
16:44 Nov 05, 2019
Jkt 250001
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the lack of commercial
vessel traffic on this waterway, and the
recreational boats that routinely transit
the bridge under the proposed schedule.
Those vessels with a vertical clearance
requirement of less than 9.7 feet above
mean high water may transit the bridge
at any time, and the bridge will open in
case of emergency at any time. This
regulatory action takes into account the
reasonable needs of vessel and vehicular
traffic.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 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 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.
While some owners or operators of
vessels intending to transit the bridge
may be small entities, for the reasons
stated in section V.A above, this
proposed rule would not have a
significant economic impact on any
vessel owner or operator.
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. If the
proposed 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 section.
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.
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C. Collection of Information
This proposed rule would not call for
a new collection of information under
the Paperwork Reduction Act of 1995
(44 U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
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 is
consistent with the fundamental
federalism principles and preemption
requirements described in Executive
Order 13132.
Also, 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.
If you believe this proposed rule has
implications for federalism or Indian
tribes, please contact the person listed
in the FOR FURTHER INFORMATION
CONTACT section.
E. 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 would not result in such
an expenditure, we do discuss the
effects of this proposed rule elsewhere
in this preamble.
F. Environment
We have analyzed this proposed rule
under Department of Homeland
Security Management Directive 023–01
and Commandant Instruction
M16475.lD, which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined 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 proposed rule
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Federal Register / Vol. 84, No. 215 / Wednesday, November 6, 2019 / Proposed Rules
involves a change to the operating
schedule of a drawbridge. It is
categorically excluded from further
review under paragraph L49 of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 01. We
seek any comments or information that
may lead to the discovery of a
significant environmental impact from
this proposed rule.
G. 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.
VI. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, contact the person
in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
the docket, visit https://
www.regulations.gov/privacynotice.
Documents mentioned in this SNPRM
as being available in this docket and all
public comments, will be in our online
docket at https://www.regulations.gov
and can be viewed by following that
website’s instructions. Additionally, if
you go to the online docket and sign up
for email alerts, you will be notified
when comments are posted or a final
rule is published.
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:
VerDate Sep<11>2014
17:48 Nov 05, 2019
Jkt 250001
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. Revise § 117.463 to read as follows:
§ 117.463
Lacombe Bayou
(a) The draw of the US190 bridge,
mile 6.8 at Lacombe, shall open on
signal if at least 48 hours notice is given.
(b) The draw of the Tammany Trace
bridge, mile 5.2 at Lacombe, shall open
on signal if at least 2 hours notice is
given.
Dated: February 6, 2019.
Paul F. Thomas,
Rear Admiral, U.S. Coast Guard, Commander,
Eighth Coast Guard District.
Editorial Note: This document was
submitted to the Office of the Federal
Register on November 1, 2019.
[FR Doc. 2019–24238 Filed 11–5–19; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 51, 52, 70, and 71
[EPA–HQ–OAR–2006–0089; FRL–10001–61–
OAR]
Prevention of Significant Deterioration,
Nonattainment New Source Review,
and Title V: Treatment of Corn Milling
Facilities Under the ‘‘Major Emitting
Facility’’ Definition; Reconsideration
Environmental Protection
Agency (EPA).
ACTION: Partial grant and partial denial
of a petition for reconsideration.
AGENCY:
On March 2, 2009, the Natural
Resource Defense Council (NRDC)
submitted a petition for reconsideration
(the NRDC Petition) of the rule
‘‘Prevention of Significant Deterioration,
Nonattainment New Source Review and
Title V: Treatment of Certain Ethanol
Production Facilities Under the ‘Major
Emitting Facility’ Definition’’ (the
Ethanol Rule), published in the Federal
Register on May 1, 2007. The Ethanol
Rule reinterpreted the component term
‘‘chemical process plants’’ within the
statutory definition of ‘‘major emitting
facility’’ and regulatory definitions of
‘‘major stationary source’’ under the
Prevention of Significant Deterioration
and Nonattainment New Source Review
programs and ‘‘major source’’ under title
V, to exclude all facilities that produce
ethanol through a natural fermentation
SUMMARY:
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59743
process. In response to the NRDC
Petition, the Environmental Protection
Agency (EPA) grants the request for
reconsideration with regard to NRDC’s
claim that the Ethanol Rule did not
appropriately address the Clean Air Act
(CAA) anti-backsliding requirements for
nonattainment areas in the Ethanol
Rule. Therefore, the EPA is convening a
proceeding for reconsideration as
provided for under the CAA. In the near
future, the EPA will publish a document
in the Federal Register establishing a
comment period and opportunity for a
hearing for this proceeding. With
regards to the other three claims raised
in the NRDC Petition, the EPA denies
the request for reconsideration. For
these claims, NRDC has failed to
establish that they meet the criteria for
reconsideration under the CAA.
DATES: November 6, 2019.
ADDRESSES: Office of Air Quality
Planning and Standards, U.S.
Environmental Protection Agency, Mail
Code C504–03, Research Triangle Park,
N.C. 27711,
FOR FURTHER INFORMATION CONTACT: Mr.
Dylan Mataway-Novak, Office of Air
Quality Planning and Standards, U.S.
Environmental Protection Agency, Mail
Code C504–03, Research Triangle Park,
N.C. 27711, phone number (919) 541–
5795 or by email at matawaynovak.dylan@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Where can I get copies of this
document and other related
information?
This Federal Register document, the
petition for reconsideration, and the
response letter to the petitioner are
available in the docket that the EPA
established for the Ethanol Rule under
Docket ID NO. EPA–HQ–OAR–2006–
0089. All documents in the docket are
listed in the index at https://
www.regulations.gov. Although listed in
the index, some information is not
publicly available, i.e., Confidential
Business Information or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically in the docket or in hard
copy at the Docket, EPA/DC, EPA West,
Room 3334, 1301 Constitution Ave. NW,
Washington, DC. The Public Reading
Room is open from 8:30 a.m. to 4:30
p.m. Monday through Friday, excluding
legal holidays. The telephone number
for the Public Reading Room is (202)
566–1744, and the telephone number for
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]]>Agencies
[Federal Register Volume 84, Number 215 (Wednesday, November 6, 2019)]
[Proposed Rules]
[Pages 59741-59743]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24238]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2018-0953]
RIN 1625-AA09
Drawbridge Operation Regulations; Lacombe Bayou, LA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to change the operating schedule that
governs the Tammany Trace swing bridge across Lacombe Bayou, mile 5.2,
at Lacombe, St. Tammany Parish, Louisiana. This action is necessary to
effectively coordinate Tammany Trace trail operations and maintenance
with drawbridge operations.
DATES: Comments and related material must be received by the Coast
Guard on or before December 6, 2019.
ADDRESSES: You may submit comments identified by docket number USCG-
2018-0953 using Federal eRulemaking Portal at https://www.regulations.gov.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section for further instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Mr. Doug Blakemore, Eighth Coast
Guard District Bridge Administrator; telephone (504) 671-2128, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
STP St. Tammany Parish
Trace Tammany Trace
Sec. Section
II. Background, Purpose and Legal Basis
Saint Tammany Parish (STP) has requested to change the operating
requirements for the Tammany Trace swing bridge across Lacombe Bayou,
mile 5.2, at Lacombe, St. Tammany Parish, Louisiana. This bridge
currently opens on signal according to 33 CFR 117.5. STP has requested
to open the bridge if vessels provide 2 hours advance notification.
This bridge spans the Tammany Trace which is a park area that is
used by pedestrians and bicyclists. The Trace is open from 7 a.m. to
7:30 p.m. daily. The bridge operates during Trace hours and is secured
in the open to navigation position when the Trace is closed. This
bridge has a vertical clearance of 9.7 feet above mean high water in
the closed to vessel position and unlimited vertical clearance in the
open to vessel traffic position. There are few vessel movements through
this bridge. From 2015 through 2017 the bridge opened 197 times for
vessel passage. This waterway is primarily used by recreational boaters
in the Lacombe area and does not support commercial activity.
In addition to bridge operations, STP bridge tenders assist with
Trace bike, pedestrian and equestrian operations and maintenance. This
change would
[[Page 59742]]
allow the parish to coordinate and schedule Tammany Trace requirements
and provide for the reasonable needs of navigation.
The Coast Guard is issuing this NPRM under authority 33 U.S.C. 499.
III. Discussion of Comments and Change
The Coast Guard's decision to promulgate a drawbridge regulation
depends primarily upon the effect of the proposed rule on navigation to
assure that the rule provides for the reasonable needs of navigation
after consideration of the rule on the impact to the public. The Coast
Guard must ensure that bridges across navigable waters do not
unreasonably obstruct waterway traffic and at the same time provide for
the reasonable needs of land traffic. Drawbridge operations must
balance the needs of vessel, vehicle, rail, pedestrian and recreational
traffic in the overall public interest.
Based on the number of times that this bridge has opened for vessel
traffic in three years, the Coast Guard proposes that it is reasonable
for vessels to provide a 2 hour advance notice to open the drawbridge.
IV. Discussion of Proposed Rule
The Coast Guard has reviewed the data and information provided by
STP and has determined that there should be no adverse impact on
vessels ability to use Lacombe Bayou at the bridge location. There are
no other proposed changes to the operating schedule. The regulatory
text we are proposing appears at the end of this document.
V. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on these statutes and Executive orders and we discuss
First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM has not been reviewed by the Office of
Management and Budget (OMB) and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the lack of
commercial vessel traffic on this waterway, and the recreational boats
that routinely transit the bridge under the proposed schedule. Those
vessels with a vertical clearance requirement of less than 9.7 feet
above mean high water may transit the bridge at any time, and the
bridge will open in case of emergency at any time. This regulatory
action takes into account the reasonable needs of vessel and vehicular
traffic.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 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 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.
While some owners or operators of vessels intending to transit the
bridge may be small entities, for the reasons stated in section V.A
above, this proposed rule would not have a significant economic impact
on any vessel owner or operator.
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. If the proposed 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 section.
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.
C. Collection of Information
This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
D. Federalism and Indian Tribal Governments
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 is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.
E. 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 would not
result in such an expenditure, we do discuss the effects of this
proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have
determined 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 proposed rule
[[Page 59743]]
involves a change to the operating schedule of a drawbridge. It is
categorically excluded from further review under paragraph L49 of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01.
We seek any comments or information that may lead to the discovery of a
significant environmental impact from this proposed rule.
G. 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.
VI. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit https://www.regulations.gov/privacynotice.
Documents mentioned in this SNPRM as being available in this docket
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
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
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.
0
2. Revise Sec. 117.463 to read as follows:
Sec. 117.463 Lacombe Bayou
(a) The draw of the US190 bridge, mile 6.8 at Lacombe, shall open
on signal if at least 48 hours notice is given.
(b) The draw of the Tammany Trace bridge, mile 5.2 at Lacombe,
shall open on signal if at least 2 hours notice is given.
Dated: February 6, 2019.
Paul F. Thomas,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
Editorial Note: This document was submitted to the Office of the
Federal Register on November 1, 2019.
[FR Doc. 2019-24238 Filed 11-5-19; 8:45 am]
BILLING CODE 9110-04-P
