[Federal Register Volume 74, Number 57 (Thursday, March 26, 2009)]
[Proposed Rules]
[Pages 13161-13164]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6668]


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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.

[[Page 13163]]

    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;

[[Page 13164]]

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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