Federal Register / Vol. 76, No. 163 / Tuesday, August 23, 2011 / Rules and Regulations 52567 

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 using one of the four methods 

specified under ADDRESSES. Please 

explain 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. 

Basis and Purpose 

The CSX Railroad Company has 

requested a change in the operation 

regulations for the CSX Railroad 

Vertical Lift Bridge, across the 

Anacostia River, mile 3.4, at 

Washington, DC. The change will 

replace the current eight hour advance 

notice requirement for a bridge opening 

to a 48 hour advance notice requirement 

for a bridge opening. The bridge is part 

of a rail line that is used for regular 

passenger service therefore, it is 

necessary that ample time is given to 

maintain an accurate schedule for trains 

and vessels for safe and efficient travel 

across and through the bridge. 

The current operating schedule for the 

bridge is set out in 33 CFR 117.253(b). 

The regulation was established in 

August 2004 and allows the bridge to be 

operated from a remote location, the 

Benning Yard office. The draw of the 

bridge shall open on signal at all times 

for public vessels of the United States, 

state and local government vessels, 

commercial vessels and any vessels in 

an emergency involving danger to life or 

property. The draw shall open on signal 

between 9 a.m. and 12 p.m., and 

between 1 p.m. and 6 p.m. from May 15 

through September 30; and between 

6 p.m. and 7 p.m. from May 15 through 

September 30 if notice is given to the 

controller no later than 6 p.m. on the 

day for which the opening is requested. 

At all other times the bridge will open 

if at least 8 hours notice is given. 

The vertical clearance of the bridge is 

5 feet at Mean High Water in the closed 

position and 29 feet at Mean High Water 

in the open position. We are testing the 

potential operating regulation 

adjustment to discover any impacts to 

train traffic and water navigation as a 

result of the bridge opening request time 

adjustment. During the test deviation 

period a bridge opening count has been 

requested from the CSX Railroad 

Company. There are 21 train transits 

across this bridge every day. A review 

of the bridge operating logs shows two 

bridge openings have been requested in 

the past two years for vessels taller than 

five feet. The test period will go into 

effect immediately and will end 180 

days from the effective date. The test 

deviation will be in effect 

simultaneously with a notice of 

proposed rulemaking which is also part 

of docket no. USCG–2011–0591, for the 

same operating regulation change. 

Vessels that are able to pass under the 

bridge in the closed position may do so 

at any time. There are no alternate 

routes for vessels that cannot pass under 

the bridge in the closed position. The 

Coast Guard will inform waterway users 

through the Local and Broadcast Notices 

to Mariners. The bridge will be able to 

open for emergencies. 

In accordance with 33 CFR 117.35(e), 

the drawbridge 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: July 22, 2011. 

William D. Lee, 

Rear Admiral, U.S. Coast Guard, Commander, 

Fifth Coast Guard District. 

[FR Doc. 2011–21458 Filed 8–22–11; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2009–0863] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Bonfouca Bayou, Slidell, LA 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is changing 

the regulation governing the operation 

of the State Route (SR) 433 Swing Span 

Bridge across Bonfouca Bayou, mile 7.0, 

at Slidell, St. Tammany Parish, 

Louisiana. The Louisiana Department of 

Transportation and Development 

(LDOTD) requested that the operating 

regulation of the SR 433 swing span 

bridge be changed in order to allow for 

signaled openings to begin later in the 

mornings and later in the evenings 

during the months of daylight savings 

time. 

DATES: This rule is effective September 

22, 2011. 

ADDRESSES: Comments and related 

materials received from the public, as 

well as documents mentioned in this 

preamble as being available in the 

docket, are part of docket USCG–2009– 

0863 and are available by going to 

http://www.regulations.gov, inserting 

USCG–2009–0863 in the ‘‘Keyword’’ 

box, and then clicking ‘‘Search.’’ This 

material is 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 David Frank, Bridge 

Administrator, Coast Guard; telephone 

504–671–2128, e-mail 

David.M.Frank@uscg.mil. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

On December 22, 2009, we published 

an interim rule with request for 

comments in the Federal Register (74 

FR 67974). No comments were received. 

No public hearing was requested and 

none was held. 

Basis and Purpose 

The LDOTD requested that the 

operating regulation of the SR 433 

Swing Span Bridge across Bonfouca 

Bayou, mile 7.0 at Slidell, Louisiana be 

changed in order to allow for signaled 

openings to begin later in the mornings 

and later in the evenings during the 

months of daylight savings time from 

March 1 through October 30 each year. 

LDOTD indicated that extending the 

morning requirement for a two-hour 

notice by one hour will not affect 

mariners passing through the bridge 

because few mariners do so in the 

morning. 

Bridge tender logs indicate that most 

recreational vessels transit the bridge 

during spring, summer and fall months 

than during the winter months of 

November through February. The logs 

also show that most of the recreational 

boaters do not signal for an opening 

prior to 7 a.m. 

In the interim rule we extended the 

time for the bridge to open on signal to 

9 p.m., during the months of daylight 

savings time, thereby affording mariners 

the opportunity to extend their activities 

for the full period of daylight each day. 

We also delayed the beginning of the on 

signal openings to 7 a.m. so that the 

evening extension did not unduly 

burden the bridge owner by 

significantly increasing the length of 

time it is necessary to continuously man 

the bridge. 


rmajette on DSK89S0YB1PROD with RULES
52568 Federal Register / Vol. 76, No. 163 / Tuesday, August 23, 2011 / Rules and Regulations 

Prior to publishing the interim rule, 

33 CFR 117.433 stated: The draw of the 

S433 Bridge, mile 7.0, at Slidell, shall 

open on signal, except that from 6 p.m. 

to 6 a.m. the draw shall open on signal 

if at least two hours notice is given. On 

Monday through Friday, except Federal 

holidays, the draw need not open for the 

passage of vessels from 7 a.m. to 8 a.m. 

and from 1:45 p.m. to 2:45 p.m. 

This final rule replaces the interim 

rule and allows the bridge to open on 

signal, except that from March 1 

through October 30, the regular boating 

season, the draw shall open on signal if 

at least two hours notice is given from 

9 p.m. to 7 a.m. During the winter 

months of November 1 through 

February 28 or 29, the bridge will revert 

to the two-hour notice requirement from 

6 p.m. to 6 a.m. To continue to 

accommodate rush hour vehicular 

traffic the bridge will continue to 

remain closed to navigation, Monday 

through Friday, except Federal holidays, 

from 7 a.m. to 8 a.m. and from 1:45 p.m. 

to 2:45 p.m. 

Discussion of Comments and Changes 

The Coast Guard received no 

comments or requests for changes to the 

interim rule and the Coast Guard made 

no changes to the interim rule. 

Regulatory Analyses 

We developed this 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 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 Executive Order 

13563. The Office of Management and 

Budget has not reviewed it under those 

Orders. 

We expect the economic impact of 

this rule to be so minimal that a full 

Regulatory Evaluation is unnecessary. 

The interim rule has been in effect since 

December 22, 2009 and no complaints 

or comments have been received by the 

Coast Guard from any waterway users. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601 et seq.), the Coast Guard 

considers whether this final rule will 

have a significant economic impact on 

a substantial number of small entities. 

‘‘Small entities’’ include (1) Small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and (2) governmental 

jurisdictions with populations of less 

than 50,000. 

The Coast Guard certifies under 5 

U.S.C. 605(b) that this final rule will not 

have a significant economic impact on 

a substantial number of small entities. 

This rule will affect the following 

entities, some of which might be small 

entities: The owners or operators of 

vessels patronizing the marina just 

upstream of the bridge and owners or 

operators of small commercial fishing 

vessels. This rule extends by one hour 

the total duration of the on-demand 

bridge openings and changes the time of 

day for on-demand bridge openings 

from 6 a.m.–6 p.m. to 7 a.m.–9 p.m. 

Bridge logs indicate the morning delay 

will have minimal impact on bridge 

openings therefore this rule will not 

affect a substantial number of small 

entities and therefore will not have a 

substantial economic impact. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

in the interim rule we offered to assist 

small entities in understanding the rule 

so that they could better evaluate its 

effects on them and participate in the 

rulemaking process. 

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). 

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 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 (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. 

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. 

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. 

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 

would not create an environmental risk 

to health or risk to safety that might 

disproportionately affect children. 

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. 

Energy Effects 

We have analyzed this 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 


rmajette on DSK89S0YB1PROD with RULES
Federal Register / Vol. 76, No. 163 / Tuesday, August 23, 2011 / Rules and Regulations 52569 

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 rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

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 which do not 

individually or cumulatively have a 

significant effect on the human 

environment. 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 

■ 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 § 117.433 to read as follows: 

§ 117.433 Bonfouca Bayou. 

The draw of the S433 Bridge, mile 7.0, 

at Slidell, shall open on signal, except 

that from 6 p.m. to 6 a.m. from 

November 1 through February 28 or 

February 29, the draw shall open on 

signal if at least two hours, notice is 

given. From March 1 through October 

30, from 9 p.m. to 7 a.m. the draw shall 

open on signal if at least two hours, 

notice is given. On Monday through 

Friday, except Federal holidays, 

throughout the year, the draw need not 

open for the passage of vessels from 7 

a.m. to 8 a.m. and from 1:45 p.m. to 

2:45 p.m. 

Dated: July 27, 2011. 

Roy A. Nash, 

Rear Admiral, U.S. Coast Guard, Commander, 

Eighth Coast Guard District. 

[FR Doc. 2011–21459 Filed 8–22–11; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2011–0727] 

RIN 1625–AA11 

Regulated Navigation Area; Arthur Kill, 

NY and NJ 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary interim rule with 

request for comments. 

SUMMARY: The Coast Guard is 

establishing a Regulated Navigation 

Area (RNA) on the navigable waters of 

the Arthur Kill in New York and New 

Jersey. This temporary interim rule is 

necessary to enhance navigation, vessel 

safety, marine environmental 

protection, and provide for the safety of 

life on the navigable waters during 

drilling, blasting and dredging 

operations in support of the U.S. Army 

Corps of Engineers channel deepening 

project. We seek comments regarding 

this rule and will consider those 

comments before issuing a final rule. 

DATES: This rule is effective in the CFR 

on August 23, 2011 until 5 p.m. on 

April 1, 2014. This rule is effective with 

actual notice for purposes of 

enforcement from 8 a.m. on August 12, 

2011 until 5 p.m. on April 1, 2014. 

Comments and related material must 

reach the Coast Guard on or before 

September 22, 2011 but will be accepted 

and reviewed by the Coast Guard 

through April 1, 2014, that is, for as long 

as the RNA is in place. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2011–0727 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 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this interim rule, 

call or e-mail Mr. Jeff Yunker, U.S. Coast 

Guard Sector New York Waterways 

Management Division, Coast Guard; 

telephone 718–354–4195, e-mail 

Jeff.M.Yunker@uscg.mil, or Lieutenant 

Junior Grade Isaac Slavitt, Coast Guard 

First District Waterways Management 

Branch, telephone 617–223–8385, 

e-mail Isaac.M.Slavitt@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. 

As this interim rule will be in effect 

before the end of the comment period, 

the Coast Guard will evaluate and revise 

this rule as necessary to address 

significant public comments. 

Alternatively, if the dredging project 

necessitating the interim rule is 

completed before April 1, 2014, and we 

receive no public comments that 

indicate a substantive need to revise the 

rule, we may allow it to expire on that 

date without further regulatory action. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2011–0727), 

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 (via 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 received by the Coast Guard 

when you successfully transmit the 

comment. If you fax, hand delivery or 

mail your comment, it will be 

considered as having been received by 

the Coast Guard when it is received at 


rmajette on DSK89S0YB1PROD with RULES