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 


rwilkins on PROD1PC63 with RULES
10488 Federal Register / Vol. 74, No. 46 / Wednesday, March 11, 2009 / Rules and Regulations 

that this closure will not have a 

significant effect on these vessels. 

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. E9–5090 Filed 3–10–09; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2005–AL–0002; 

FRL–8776–9] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Alabama Visible Emissions Rule; 

Informational Notice 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of document availability. 

SUMMARY: The purpose of this notice is 

to inform the public of the availability 

of documents that were not made 

available electronically to the public 

through http://www.regulations.gov 

when EPA’s final rulemaking was 

published in the Federal Register . 

These documents were a part of the 

docket for EPA’s final rulemaking 

approving Alabama’s state 

implementation plan (SIP) revision for 

the Alabama Visible Emissions Rule. 

The complete docket was available in 

hard copy at Region 4. EPA’s final 

rulemaking for this SIP revision was 

published on October 15, 2008. 

ADDRESSES: The hard copy docket is 

available at the U.S. Environmental 

Protection Agency, Air, Pesticides and 

Toxics Management Division, Air 

Planning Branch, 61 Forsyth Street, 

SW., Atlanta, Georgia 30303. The 

electronic docket is available at http:// 

www.regulations.gov. Refer to EPA 

docket # ‘‘EPA–R04–OAR–2005–AL– 

0002’’. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Joel Huey, U.S. Environmental 

Protection Agency, Air, Pesticides and 

Toxics Management Division, Air 

Planning Branch; 61 Forsyth Street, 

SW.; Atlanta, Georgia 30303. Mr. Huey 

can be reached via e-mail at 

Huey.joel@epa.gov or phone at (404) 

562–9104. 

SUPPLEMENTARY INFORMATION: EPA uses 

http://www.regulations.gov to provide 

the public with access to pertinent 

documents related to EPA actions for 

SIP revisions. In general, each action 

has a hard copy paper docket and an 

electronic docket which includes 

information such as: the state’s 

submission and supporting 

documentation; EPA’s rulemaking and 

correspondences related to the SIP 

revision; public comments provided for 

the SIP revision during the open public 

comment period; and other pertinent 

documentation related to the 

rulemaking action. The process for 

generating the electronic docket 

includes uploading pertinent 

documents into the Federal Docket 

Management System (FDMS), and then 

taking action to make these documents 

available electronically to the public on 

http://www.regulations.gov upon 

publication of EPA’s rulemaking action 

in the Federal Register. The general 

public cannot view documents until 

they are promoted following publication 

of the associated Federal Register 

document. 

On April 12, 2007, EPA published a 

proposed rule approving Alabama’s 

Visible Emissions Rule. At that time, 

EPA opened a 60 day public comment 

period, and subsequently extended the 

comment period an additional 30 days. 

The comment period for the proposed 

rule ended on July 11, 2007. All 

pertinent documents related to EPA’s 

proposal, comments received during the 

public comment period and the 

rulemaking actions were included in 

FDMS and promoted to http:// 

www.regulations.gov for public access. 

Subsequent to the proposal phase, EPA 

received and generated other pertinent 

documents related to EPA’s final 

rulemaking action which was published 

in the Federal Register on October 15, 

2008. The other pertinent documents 

are as follows: 

• EPA–R04–OAR–2005–AL–0002– 

0022: Alabama Visible Emissions Final 

Rule; 

• EPA–R04–OAR–2005–AL–0002– 

0023: Alabama Governor’s letter to the 

Administrator; 

• EPA–R04–OAR–2005–AL–0002– 

0024: September 11, 2003, ADEM cover 

letter; 

• EPA–R04–OAR–2005–AL–0002– 

0025: Governor’s letter to the 

Administrator; 

• EPA–R04–OAR–2005–AL–0002– 

0026: EPA response to November 6, 

2007, Governor’s letter; 

• EPA–R04–OAR–2005–AL–0002– 

0027: EPA response to June 17, 2008, 

Governor’s letter; 

• EPA–R04–OAR–2005–AL–0002– 

0028: Meeting Notes; 

• EPA–R04–OAR–2005–AL–0002– 

0029: ADEM Letter to EPA R4; 

• EPA–R04–OAR–2005–AL–0002– 

0030: ADEM Letter to Governor; 

• EPA–R04–OAR–2005–AL–0002– 

0031: EPA 2008 prehearing comment 

letter; 

• EPA–R04–OAR–2005–AL–0002– 

0032: EPA response to Alabama 

congressional representatives; 

• EPA–R04–OAR–2005–AL–0002– 

0033: Letter from Alabama 

congressional representatives; 

• EPA–R04–OAR–2005–AL–0002– 

0034: References; 

• EPA–R04–OAR–2005–AL–0002– 

0035: State Implementation Plan 

Consistency Process Record; 

• EPA–R04–OAR–2005–AL–0002– 

0036: Administrator Memorandum; 

• EPA–R04–OAR–2005–AL–0002– 

0037: Alabama Opacity Region 4 

Meeting Notes; 

• EPA–R04–OAR–2005–AL–0002– 

0038: Recording Dust Emission 

Measurements in the Cement Industry 

with the FM4 Smoke Density Meter 

Made by Messrs. Sick and Staub; 

• EPA–R04–OAR–2005–AL–0002– 

0039: ‘‘Emissions from Electrostatic 

Precipitators,’’ In Electrostatic 

Preciptator Manual, 332–350; 

• EPA–R04–OAR–2005–AL–0002– 

0040: Communications with ADEM; and 

• EPA–R04–OAR–2005–AL–0002– 

0041: Region 4 Meeting Notes 

Continued. 

In December 2008, EPA received 

notification of litigation related to EPA’s 

final rule approving the revisions to 

Alabama’s Visible Emissions Rule. As 

EPA prepared the documents needed for 

the administrative record, EPA 

compared documents listed in FDMS 

versus http://www.regulations.gov and 

noted some discrepancies. After some 

investigation, it was determined that, 

while EPA prepared the documents for 

inclusion in the public electronic docket 

by uploading the pertinent documents 

into FDMS, the necessary action to 

make these documents available to the 

public through the http:// 

www.regulations.gov Web site was not 

taken upon publication of EPA’s final 

rule on October 15, 2008. 

The documents that were 

inadvertently not made available 

electronically in the docket included all 

documents provided subsequent to the 

proposal phase for EPA’s action (see list 

above). The electronic docket did 

include documents related to EPA’s 

proposed rulemaking, which were 

promoted and made available to the 

public earlier. 

EPA’s error related to the promotion 

of pertinent documents to the final 

rulemaking action became apparent to 


rwilkins on PROD1PC63 with RULES