[Federal Register: March 26, 2009 (Volume 74, Number 57)]
[Proposed Rules]
[Page 13161-13164]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26mr09-32]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2008-1158]
RIN 1625-AA09
Drawbridge Operation Regulation; Gulf Intracoastal Waterway
(Algiers Alternate Route), Belle Chasse, LA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to change the regulation governing
the operation of the SR 23 bridge across the Gulf Intracoastal Waterway
(Algiers Alternate Route), mile 3.8, at Belle Chasse, Plaquemines
Parish, Louisiana. Due to high vehicular traffic during the afternoon,
Plaquemines Parish has requested a change to the operation schedule to
allow the bridge to remain closed-to-navigation for an additional 90
minutes during weekday afternoons to facilitate the movement of
vehicular traffic.
DATES: Comments and related material must reach the Coast Guard on or
before May 26, 2009.
ADDRESSES: You may submit comments identified by Coast Guard docket
number USCG-2008-1158 to the Docket Management Facility at the U.S.
Department of Transportation. To avoid duplication, please use only one
of the following methods:
(1) Online: http://www.regulations.gov.
(2) 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.
(3) Hand delivery: Room W12-140 on the Ground Floor of the West
Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The
telephone number is 202-366-9329.
(4) Fax: 202-493-2251.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call David Frank, Bridge Administration Branch at 504-671-2128.
If you have questions on viewing or submitting material to the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change, to http://www.regulations.gov and will include any
personal information you have provided. We have an agreement with the
Department of Transportation (DOT) to use the Docket Management
Facility. Please see DOT's ``Privacy Act'' paragraph below.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2008-1158), indicate the specific section of this
document to which each comment applies, and give the reason for each
comment. We recommend that you include your name and a mailing address,
an e-mail address, or a phone number in the body of your document so
that we can contact you if we have questions regarding your submission.
You may submit your comments and material by electronic means, mail,
fax, or delivery to the Docket Management Facility at the address under
ADDRESSES; but please submit your comments and material by only one
means. If you submit them by mail or 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
[[Page 13162]]
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. We may change this
proposed rule in view of them.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov at
any time. Enter the docket number for this rulemaking (USCG-2008-1158)
in the Search box, and click ``Go>>.'' You may also visit either the
Docket Management Facility in Room W12-140 on the ground floor of the
DOT West Building, 1200 New Jersey Avenue, SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays or the Bridge Administration Office in Room 1313 of the Hale
Boggs Federal Building, 500 Poydras Street, New Orleans, LA 70130
between 7 a.m. and 3 p.m., Monday through Friday, except Federal
holidays.
Privacy Act
Anyone can search the electronic form of all 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 the Department of
Transportation's Privacy Act Statement in the Federal Register
published on April 11, 2000 (65 FR 19477), or you may visit http://
DocketsInfo.dot.gov.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one to the Docket Management Facility at the address under
ADDRESSES explaining why one would be beneficial. If we determine that
one would aid this rulemaking, we will hold one at a time and place
announced by a later notice in the Federal Register.
Background and Purpose
Plaquemines Parish has requested that a regulation regarding the
operation of the SR 23 bridge across the Gulf Intracoastal Waterway
(Algiers Alternate Route), mile 3.8, at Belle Chasse, Plaquemines
Parish, Louisiana to allow for the bridge to remain in the closed-to-
navigation for an additional 90 minutes in the afternoon to facilitate
the movement of vehicular traffic. Presently, the draw need not open
for the passage of vessels in the afternoon from 3:30 p.m. until 5:30
p.m. The request from Plaquemines Parish is to add an additional 90
minutes to the closure in the afternoon so that the draw need not open
for the passage of vessels from 3:30 p.m. until 7 p.m. The Louisiana
Department of Transportation and Development, the owner of the bridge,
has reviewed their bridge tender logs and have estimated that the
schedule change would affect an average of two vessels. It should be
noted that the vertical clearance of the bridge in the closed-to-
navigation position is 40 feet above mean high water in the closed-to-
navigation position so only vessels with vertical clearance
requirements of more than 40 feet will be affected by the proposed
change.
This bridge currently opens on signal, except from 6 a.m. to 8:30
a.m. and from 3:30 p.m. to 5:30 p.m. Monday through Friday, excluding
Federal holidays, during which time the draw need not be opened for the
passage of vessels. Plaquemines Parish has requested that the bridge
remain closed an additional 90 minutes in the afternoon, until 7 p.m.
in the evening to minimize the delays to traffic caused by the opening
of the bridge. A recent traffic study indicates that between 1500 and
2000 vehicles per hour cross the bridge during weekday afternoons. When
the bridge opens for the passage of a vessel at 5:30 p.m., traffic may
back up for more than two miles. As SR 23 is the main highway into and
out of Plaquemines Parish, the traffic backup severely hampers the
ability of emergency responders to transit in the area. Plaquemines
Parish Office of Emergency Management has indicated that the increase
in times in the afternoon will allow for most of the traffic to clear
out of the area. They believe that the request will only cause a minor
increase in delays for vessels wishing to use the area. An alternate
route via the Harvey Canal is available for vessels with vertical
clearances of greater than 40 feet if they do not wish to be delayed.
A Test Deviation, USCG-2008-0069, is being issued in conjunction
with this Notice of Proposed Rulemaking to test the proposed schedule
and to obtain data and public comments. The test period will be in
effect from April 10, 2009 until May 11, 2009. The Coast Guard will
review the logs of the drawbridge and evaluate public comments from
this Notice of Proposed Rulemaking and the above referenced Temporary
Deviation to determine if a permanent change to the special drawbridge
operating regulation is warranted.
The Test Deviation shall allow the draw to open on signal, except
that the draw need not be opened for the passage of vessels from 6 a.m.
to 8:30 a.m. and from 3:30 p.m. to 7 p.m. Monday through Friday,
excluding Federal holidays.
Discussion of Proposed Rule
Plaquemines Parish has requested a change in the operating
regulation which would allow the draw of the bridge to remain in the
closed-to-navigation position for an additional 90 minutes in the
afternoon to facilitate the movement of vehicular traffic in the area.
Presently, the bridge opens on signal, except from 6 a.m. to 8:30 a.m.
and from 3:30 p.m. to 5:30 p.m. Monday through Friday, excluding
Federal holidays, the draw need not be opened for the passage of
vessels.
Plaquemines Parish has requested that an additional 90 minutes be
added on to the afternoon closure to allow the bridge to remain in the
closed-to-navigation position from 3:30 p.m. to 7 p.m., Monday through
Friday, except Federal holidays. The additional time would facilitate
the movement of vehicular traffic through Belle Chasse.
Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order.
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary.
The public would need to notify the bridge owner of a required
opening 14 days in advance rather than 24 hours in advance.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
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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 with vertical clearances of greater that 40 feet
needing to transit the bridge between the hours of 3:30 p.m. and 5:30
p.m., Monday through Friday, except Federal holidays, would be delayed
an additional 90 minutes until 7 p.m. Vessels that can safely transit
under the bridge may do so at any time. Before the effective period, we
will issue maritime advisories widely available to users of the
waterway.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact David Frank, Bridge
Administration Branch, at 504-671-2128. The Coast Guard will not
retaliate against small entities that question or complain about this
rule or any policy or action of the Coast Guard.
Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this proposed rule will not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would not affect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed rule under Commandant Instruction
M16475.lD and Department of Homeland Security Management Directive
5100.1, 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 not likely to
have a significant effect on the human environment because it simply
promulgates the operating regulations or procedures for drawbridges. We
seek any comments or information that may lead to the discovery of a
significant environmental impact from this proposed rule.
List of Subjects in 33 CFR Part 117 Bridges.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
1. The authority citation for part 117 continues to read as
follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 0170.1.
Sec. 117.451(b) is revised to read as follows:
Sec. 117.451 Gulf Intracoastal Waterway.
* * * * *
(b) The draw of the SR 23 bridge, Algiers Alternate Route, mile 3.8
at Belle Chasse, shall open on signal;
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except that, from 6 a.m. to 8:30 a.m. and from 3:30 p.m. to 7 p.m.
Monday through Friday, except Federal holidays, the draw need not be
opened for the passage of vessels.
* * * * *
Dated: March 9, 2009.
J.R. Whitehead,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. E9-6668 Filed 3-25-09; 8:45 am]
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