This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

41789 

Vol. 74, No. 159 

Wednesday, August 19, 2009 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2009–0670] 

Drawbridge Operating Regulations; 

Franklin Canal, Franklin, LA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations; request for comments. 

SUMMARY: The Commander, Eighth 

Coast Guard District, has issued a 

temporary deviation from the regulation 

governing the operation of the 

Chatsworth Road Bridge across the 

Franklin Canal, mile 4.8, at Franklin, St. 

Mary Parish, Louisiana. This deviation 

will test a change to the operating 

schedule to determine whether a 

permanent change to the schedule is 

needed. It will allow the bridge to 

remain unmanned during most of the 

day by requiring a one-hour notice for 

an opening of the draw. 

DATES: This deviation is effective from 

5 a.m. on August 19, 2009 until 9 p.m. 

on February 16, 2010. Comments and 

related material must be received by the 

Coast Guard on or before October 19, 

2009. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2009–0670 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590– 

0001. 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–355–9329. 

To avoid duplication, please use only 

one of these methods. See ‘‘Public 

Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

e-mail Phil Johnson, Bridge 

Administration Branch, Eighth Coast 

Guard District; telephone 504–671– 

2128, e-mail Philip.R.Johnson@uscg.mil. 

If you have questions on viewing or 

submitting material to the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted, 

without change, to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2009–0670), 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online (http:// 

www.regulations.gov), or by fax, mail or 

hand delivery, but please use only one 

of these means. If you submit a 

comment online via http:// 

www.regulations.gov, it will be 

considered as having been received by 

the Coast Guard when you successfully 

transmit the comment. If you fax, hand 

deliver, or mail your comment, it will be 

considered as having been received by 

the Coast Guard when it is received at 

the Docket Management Facility. We 

recommend that you include your name 

and a mailing address, an 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. 

To submit your comment online, go to 

http://www.regulations.gov, click on the 

‘‘submit a comment’’ box, which will 

then become highlighted in blue. In the 

‘‘Keyword’’ box insert ‘‘USCG–2009– 

0670’’ click ‘‘Search’’ and then click on 

the balloon shape in the ‘‘Actions’’ 

column. If you submit your comments 

by mail or hand delivery, submit them 

in an unbound format, no larger than 

81⁄2 by 11 inches, suitable for copying 

and electronic filing. If you submit them 

by mail and would like to know that 

they reached the Facility, please enclose 

a stamped, self-addressed postcard or 

envelope. We will consider all 

comments and material received during 

the comment period and may change 

the rule based on your comments. 

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, click on the 

‘‘read comments’’ box, which will then 

become highlighted in blue. In the 

‘‘Keyword’’ box insert ‘‘USCG–2009– 

0670’’ and click ‘‘Search.’’ Click the 

‘‘Open Docket Folder’’ in the ‘‘Actions’’ 

column. You may also visit either the 

Docket Management Facility in Room 

W12–140 on the ground floor of the 

Department of Transportation West 

Building, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. We have an 

agreement with the Department of 

Transportation to use the Docket 

Management Facility. 

Privacy Act 

Anyone can search the electronic 

form of comments received into any of 

our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review a Privacy 

Act notice regarding our public dockets 

in the January 17, 2008, issue of the 

Federal Register (73 FR 3316). 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for one on or before September 3, 2009. 

Background and Purpose 

The St. Mary Parish Government has 

requested that the operating regulation 

of the Chatsworth Road swing span 


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41790 Federal Register / Vol. 74, No. 159 / Wednesday, August 19, 2009 / Rules and Regulations 

bridge, located on the Franklin Canal at 

mile 4.8 in Franklin, St. Mary Parish, 

Louisiana, be changed in order for the 

bridge not to have to be continuously 

manned by a draw tender. Currently, the 

bridge opens on signal from 5 a.m. to 9 

p.m. Because of the relocation of a 

public boat landing downstream of the 

bridge, vessel traffic has become 

infrequent, and it is no longer necessary 

to have a bridge tender continuously 

man the bridge. 

Currently, the bridge operates as 

follows: The draw of the Chatsworth 

Road Bridge, mile 4.8 at Franklin, shall 

open on signal from 5 a.m. to 9 p.m. 

From October 1 through January 31 from 

9 p.m. to 5 a.m., the draw shall open on 

signal if at least three hours notice is 

given. From February 1 through 

September 30 from 9 p.m. to 5 a.m., the 

draw shall open on signal if at least 12 

hours notice is given. 

This Temporary Deviation from 

Drawbridge Operating Regulations 

allows the bridge to operate as follows: 

The draw of the Chatsworth Road 

Bridge, mile 4.8 at Franklin, shall open 

on signal from 5 a.m. to 9 p.m. if at least 

one hour notice is given. From October 

1 through January 31 from 9 p.m. to 5 

a.m., the draw shall open on signal if at 

least three hours notice is given. From 

February 1 through September 30 from 

9 p.m. to 5 a.m., the draw shall open on 

signal if at least 12 hours notice is given. 

While some commercial vessels use 

the waterway to access commercial 

facilities upstream of the bridge, they 

are able to schedule operations around 

the advance notices required for an 

opening. The majority of waterway 

usage consists of small recreational 

fishing craft that now utilize the boat 

launch that has been relocated 

downstream of the bridge. The bridge 

provides a vertical clearance of 7 feet 

above mean high water in the closed-tonavigation position and unlimited in the 

open-to-navigation position. Thus, the 

majority of recreational fishing craft that 

may wish to transit through the bridge 

will be able to do so without requesting 

an opening of the draw. 

A Notice of Proposed Rule Making 

[USCG–2009–0672] is being issued in 

conjunction with this Temporary 

Deviation to obtain public comments. 

The St. Mary Parish Government states 

that the decrease in vessel traffic, due to 

the relocation of the boat ramp 

downstream of the bridge, has resulted 

in such infrequency of drawbridge 

openings that it is impractical to man 

the bridge full time from 5 a.m. to 9 p.m. 

daily. A bridge tender will be on call to 

open the bridge with a one-hour notice 

by calling the telephone number that 

will be posted on the bridge. The Coast 

Guard will evaluate public comments 

from this Temporary Deviation and the 

above referenced Notice of Proposed 

Rule Making to determine if a change to 

the permanent special drawbridge 

operating regulation is warranted. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the designated period. This 

deviation from the operating regulations 

is authorized under 33 CFR 117.35. 

Dated: August 4, 2009. 

David M. Frank, 

Bridge Administrator. 

[FR Doc. E9–19824 Filed 8–18–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[USCG–2009–0699] 

Drawbridge Operation Regulations; 

Gowanus Canal, Brooklyn, NY, 

Maintenance 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, First Coast 

Guard District, has issued a temporary 

deviation from the regulation governing 

the operation of the Hamilton Avenue 

Bridge across the Gowanus Canal, mile 

1.2, at Brooklyn, New York. Under this 

temporary deviation the bridge shall 

require a four-hour advance notice for 

bridge openings for three months to 

facilitate bridge maintenance. Vessels 

that can pass under the draw without a 

bridge opening may do so at all times. 

DATES: This deviation is effective from 

August 17, 2009, through October 31, 

2009. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2009– 

0699 and are available online at 

www.regulations.gov, inserting USCG– 

2009–0699 in the ‘‘Keyword’’ box and 

then clicking ‘‘Search.’’ They are also 

available for inspection or copying at 

the 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, 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 

e-mail Ms. Judy Leung-Yee, Project 

Officer, First Coast Guard District, 

telephone (212) 668–7165. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: The 

Hamilton Avenue Bridge, across the 

Gowanus Canal, mile 1.2, at Brooklyn, 

New York, has a vertical clearance in 

the closed position of 19 feet at mean 

high water and 23 feet at mean low 

water. The Drawbridge Operation 

Regulations are listed at 33 CFR 117.5. 

The waterway has seasonal 

recreational vessels, and commercial 

vessels of various sizes. 

The owner of the bridge, New York 

City Department of Transportation, 

requested a temporary deviation to 

facilitate the training of bridge 

personnel, mechanical and electrical 

testing at the bridge. 

Under this temporary deviation the 

Hamilton Avenue Bridge shall require at 

least a four-hour advance notice for 

bridge openings from August 17, 2009 

through October 31, 2009. 

Vessels that can pass under the bridge 

without a bridge opening may do so at 

all times. Notice may be provided by 

calling (201) 400–5243. 

In accordance with 33 CFR 117.35(e), 

the bridge must return to its regular 

operating schedule immediately at the 

end of the designated time period. This 

deviation from the operating regulations 

is authorized under 33 CFR 117.35. 

Dated: August 4, 2009. 

Gary Kassof, 

Bridge Program Manager, First Coast Guard 

District. 

[FR Doc. E9–19817 Filed 8–18–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2009–0689] 

Drawbridge Operation Regulation; Gulf 

Intracoastal Waterway, Sargent, TX 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, Eighth 

Coast Guard District, has issued a 

temporary deviation from the regulation 

governing the operation of the FM 457 

pontoon drawbridge across the Gulf 

Intracoastal Waterway, mile 418.0, west 

of Harvey Locks, near Sargent, 


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