Federal Register / Vol. 74, No. 57 / Thursday, March 26, 2009 / Proposed Rules 13161 

Adapted from: Smart Grid Standards 

Adoption: Utility Industry Perspective, 

OpenSG Subcommittee of the Utility 

Communication Architecture International 

User Group, and Smart Grid Executive 

Working Group. 

[FR Doc. E9–6471 Filed 3–25–09; 8:45 am] 

BILLING CODE 6717–01–P 

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. 

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 81⁄2 by 11 inches, suitable for 

copying and electronic filing. If you 

submit them by mail and would like to 


EP26MR09.000</GPH>
13162 Federal Register / Vol. 74, No. 57 / Thursday, March 26, 2009 / Proposed Rules 

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 closedto-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-tonavigation 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-tonavigation 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. 

Federal Register / Vol. 74, No. 57 / Thursday, March 26, 2009 / Proposed Rules 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. 

§ 117.451(b) is revised to read as 

follows: 

§ 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; 

13164 Federal Register / Vol. 74, No. 57 / Thursday, March 26, 2009 / Proposed Rules 

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] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2009–0101] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Sabine River, Echo, TX 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

change the regulation governing the 

operation of the Union Pacific Railroad 

Swing Span Bridge across the Sabine 

River, mile 19.3, at Echo, Orange 

County, TX. The bridge presently opens 

on 24-hour notice but because of the 

limited number of requests for openings, 

the bridge owner would like to increase 

the length of notification time required 

to open the bridge. 

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–2009–0101 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 Kay Wade, 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–2009–0101), 

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 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. 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–2009–0101) 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 

Due to a lack of required openings 

requested by mariners, the bridge owner 

requested a modification to the Union 

Pacific railroad swing span bridge 

across the Sabine River, mile 19.3 at 

Echo, Texas to convert the existing 

bridge to a fixed span bridge. 

Previously, the Coast Guard issued a 

Public Notice for a bridge permit 

amendment to modify the swing bridge 

and make it a fixed bridge. Numerous 

comments were received regarding the 

proposed modification, indicating that 

this change would have a negative 

impact on the residents and facilities in 

the area above the bridge. As a result, 

the bridge owner withdrew his request 

for the bridge permit amendment to 

convert the swing span bridge to a fixed 

span bridge and has requested a 14-day 

advance notice to open the bridge. This 

change would allow for the bridge 

owner to open the bridge for the passage 

of vessels while minimizing his 

requirements to staff and maintain the 

bridge. The bridge has a vertical 

clearance of 7.9 feet above Mean High 

Water (MHW), elevation 2.18 feet NGVD 

in the closed-to-navigation position and 

unlimited in the open-to-navigation 

position. In accordance with 33 CFR 

117.493(a), the bridge is required to 

open on signal for the passage of marine 

vessels if at least 24 hours of advanced 

notice is given.