10486 Federal Register / Vol. 74, No. 46 / Wednesday, March 11, 2009 / Rules and Regulations 

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 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 effect 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 

does not create an environmental risk to 

health or risk to safety that may 

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 

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 5100.1 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded under the Instruction 

that there are no factors in this case that 

would limit the use of a categorical 

exclusion under section 2.B.2 of the 

Instruction. Therefore, this rule is 

categorically excluded, under figure 2– 

1, paragraph (34)(f), of the Instruction, 

from further environmental 

documentation. The rule fits this 

category as it reduces the size of an 

anchorage ground. 

Under figure 2–1, paragraph (34)(f) 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 110 

Anchorage grounds. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 110 as follows: 

PART 110—ANCHORAGE 

REGULATIONS 

■ 1. The authority citation for part 110 

continues to read as follows: 

Authority: 33 U.S.C. 471, 1221 through 

1236, 2030, 2035, 2071; 33 CFR 1.05–1; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Amend § 110.155, by revising 

paragraph (f)(2)(ii) to read as follows: 

§ 110.155 Port of New York. 

* * * * * 

(f) * * * 

(2) * * * 

(ii) Romer Shoal. All waters bound by 

the following points: 40°28′27.21′′N, 

073°56′45.84′′W; thence to 

40°29′47.70′′N, 073°56′46.23′′W; thence 

to 40°31′25.38′′N, 074°00′53.50′′W; 

thence to 40°32′11.38′′N, 

074°01′39.50′′W; thence to 

40°32′12.38′′N, 074°02′05.50′′W; thence 

to 40°31′27.38′′N, 074°02′05.50′′W; 

thence to 40°30′13.38′′N, 

074°00′05.50′′W; thence to the point of 

origin (NAD 83). 

* * * * * 

Dated: February 23, 2009. 

Dale G. Gabel, 

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

First Coast Guard District. 

[FR Doc. E9–5095 Filed 3–10–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2009–0100] 

Drawbridge Operation Regulation; Gulf 

Intracoastal Waterway, Belle Chasse, 

LA 

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 SR 23 

bridge across the Gulf Intracoastal 

Waterway (Algiers Alternate Route), 

mile 3.8, at Belle Chasse, Plaquemines 

Parish, Louisiana. This temporary rule 

is issued to facilitate movement of 

vehicular traffic for the 2009 N’Awlins 

Air Show, to be held at the U.S. Naval 


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Federal Register / Vol. 74, No. 46 / Wednesday, March 11, 2009 / Rules and Regulations 10487 

Air Station, Joint Reserve Base at Belle 

Chasse, Louisiana. 

DATES: This deviation is effective from 

3:30 p.m. on Friday, May 1, 2009 until 

7:45 p.m. on Sunday, May 3, 2009. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2009– 

0100 and are available online at 

http://www.regulations.gov. They are 

also available for inspection or copying 

at two locations: 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, and the Eighth 

Coast Guard District, Bridge 

Administration Branch, Hale Boggs 

Federal Building, Room 1313, 500 

Poydras Street, New Orleans, Louisiana 

70130–3310 between 7 a.m. and 3 p.m., 

Monday through Friday, except Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: 

David Frank, Bridge Administration 

Branch, telephone (504) 671–2128. 

SUPPLEMENTARY INFORMATION: The 

Department of the Navy requested a 

temporary rule changing the operation 

of the State Route 23 vertical lift span 

drawbridge. The change accommodates 

the additional volume of vehicular 

traffic that the N’Awlins Air Show 

generates each year. A large amount of 

the general public is expected to attend 

the New Orleans Open House Air Show 

on each day. The change allows for the 

expeditious dispersal of the heavy 

volume of vehicular traffic expected to 

depart the Naval Air Station, Joint 

Reserve Base following the event. This 

event has been held annually on or 

about the last weekend in October but 

has not been held since Hurricane 

Katrina. This year, the event is being 

held on the weekend of May 1–3, 2009. 

This temporary deviation will allow the 

bridge to remain in the closed-tonavigation position from 3:30 p.m. until 

6:45 p.m. on Friday, May 1 and 

Saturday, May 2, 2009 and from 3:30 

p.m. until 7:45 p.m. on Sunday, May 3, 

2009. 

The State Route 23 vertical lift span 

drawbridge across the Gulf Intracoastal 

Waterway (Algiers Alternate Route), 

mile 3.8, at Belle Chasse, Louisiana has 

a vertical clearance of 40 feet above 

mean high water in the closed-tonavigation position and 100 feet above 

mean high water in the open-tonavigation position. Navigation on the 

waterway consists primarily of tugs 

with tows, commercial fishing vessels, 

and occasional recreational craft. 

Mariners may use the Gulf Intracoastal 

Waterway (Harvey Canal) to avoid 

unnecessary delays. 

The Coast Guard has coordinated the 

closure with waterway users, industry, 

and other Coast Guard units. It has been 

determined that this closure will not 

have a significant effect on vessel traffic. 

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: February 20, 2009. 

David M. Frank, 

Bridge Administrator. 

[FR Doc. E9–5082 Filed 3–10–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2009–0102] 

Drawbridge Operation Regulation; 

Boudreaux Canal, Mile 0.1, Near 

Chauvin, Terrebonne Parish, LA 

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 SR 56 

Swing Bridge across Boudreaux Canal, 

mile 0.1, near Chauvin, Terrebonne 

Parish, Louisiana. The deviation is 

necessary to replace all the mechanical 

machinery used to operate the movable 

span of the bridge. This deviation 

allows the bridge to remain in the 

closed-to-navigation position except for 

the previously approved scheduled 

opening times to allow for the passage 

of vessels. 

DATES: This deviation is effective from 

7 a.m. on March 9, 2009 through 5 p.m. 

on May 31, 2009. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2009– 

0102 and are available online at 

http://www.regulations.gov. They are 

also available for inspection or copying 

at two locations: 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, and the Eighth 

Coast Guard District, Bridge 

Administration Branch, Hale Boggs 

Federal Building, Room 1313, 500 

Poydras Street, New Orleans, Louisiana 

70130–3310 between 7 a.m. and 3 p.m., 

Monday through Friday, except Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: 

David Frank, Bridge Administration 

Branch, telephone (504) 671–2128. 

SUPPLEMENTARY INFORMATION: Louisiana 

Department of Transportation and 

Development has requested a temporary 

deviation from the operating schedule of 

the State Route 56 Swing Bridge across 

Boudreaux Canal, mile 0.1, near 

Chauvin, Terrebonne Parish, Louisiana. 

The closure is necessary to allow for 

repairs to the bridge. The contractor 

plans to work 24 hours a day, seven 

days a week until the work is 

completed. To facilitate the movement 

of vessels during the maintenance work, 

the bridge will open for the passage of 

vessels daily from 6 a.m. until 7 a.m.; 

from noon until 1 p.m.; and from 6 p.m. 

until 7 p.m. Additionally, the bridge 

will open for the passage of vessels at 

10 p.m. and 2 a.m. daily for any vessels 

standing by at the bridge. 

The vertical clearance of the swing 

bridge in the closed-to-navigation 

position is 5.2 feet and unlimited in the 

open-to-navigation position. If for any 

reason, the contractor is not working 

during this period, the bridge will be 

returned to normal operation and must 

open on signal. If the maintenance work 

is completed prior to May 31, 2009, the 

bridge will be returned to normal 

operation. The bridge owner will keep 

the Coast Guard informed as to any 

change in the schedule so that proper 

notices to mariners may be issued 

informing the public of changes to the 

operation of the bridge. 

Presently, the bridge opens on signal 

in accordance with 33 CFR 117.5. This 

deviation will allow the bridge to 

remain in the closed-to-navigation 

position from 7 a.m. on Monday, March 

9, 2009 through 5 p.m. on Saturday, 

May 9, 2009; however, the bridge must 

open on signal for the passage of vessels 

from 6 a.m. until 7 a.m.; from noon until 

1 p.m. and from 6 p.m. until 7 p.m. 

daily. Additionally, the bridge must 

open on signal for any vessels standing 

by at 10 p.m. and 2 a.m. daily. During 

the closure periods all the mechanical 

machinery used for operating the 

movable span will be changed. 

Navigation on the waterway consists of 

tugs with tows, fishing vessels and 

recreational craft. Due to prior 

experience and coordination with 

waterway users it has been determined 


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