[Federal Register Volume 74, Number 216 (Tuesday, November 10, 2009)]
[Proposed Rules]
[Pages 57975-57978]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-26985]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2009-0686]
RIN 1625-AA09


Drawbridge Operation Regulation; Lower Grand River, Iberville 
Parish, LA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to change the regulations governing 
the operation of the LA 75 pontoon bridge and the LA 77 swing bridge 
across the Lower Grand River, mile 38.4 and 47.0 respectively, in 
Iberville Parish, Louisiana. The Iberville Parish School Board has 
requested that the operating regulations of these bridges be changed to 
allow an additional 30 minutes to the end of each scheduled closure 
period to provide more time for school buses to transit across the 
bridge.

DATES: Comments, requests for public meetings, and related material 
must be received by the Coast Guard on or before January 11, 2010.

ADDRESSES: You may submit comments identified by docket number USCG-
2009-0686 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 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 proposed 
rule, call or e-mail Lindsey Middleton, Bridge Administration Branch, 
Eighth Coast Guard District; telephone 504-671-2128, e-mail 
[email protected]. 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.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2009-0686), 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 (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 deliver, or mail your comment, it will be considered as having 
been received by the Coast Guard when it is received at the Docket 
Management Facility. 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.
    To submit your comment online, go to http://www.regulations.gov, 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. In the ``Document Type'' drop down menu select 
``Proposed Rules'' and insert ``USCG-2009-0686'' in the ``Keyword''

[[Page 57976]]

box. Click ``Search'' then click on the balloon shape in the 
``Actions'' column. If you submit your comments by mail or hand 
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 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 
and may change the rule based on your comments.

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, 
click on the ``read comments'' box, which will then become highlighted 
in blue. In the ``Keyword'' box insert ``USCG-2009-0686'' and click 
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column. 
You may also visit either the Docket Management Facility in Room W12-
140 on the ground floor of the Department of Transportation West 
Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. We 
have an agreement with the Department of Transportation to use the 
Docket Management Facility.

Privacy Act

    Anyone can search the electronic form of 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 a Privacy 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.

Background and Purpose

    The Iberville Parish School Board has requested a change in the 
operation regulation for the LA 75 pontoon bridge and the LA 77 swing 
bridge across the Lower Grand River, mile 38.4 and 47.0, respectively, 
in Iberville Parish, Louisiana. The change would add an additional 30 
minutes to the end of each scheduled closure period to provide more 
time for school buses to transit across the bridge. Extra time is now 
needed because one of Iberville Parish's high schools has been closed. 
As a result, students have been redistricted creating the need for 
buses to have more time to transit the students over the bridges to get 
to and from school.
    Presently, 33 CFR 117.478 (a) states: The draw of the LA 75 bridge, 
mile 38.4 (Alternate Route) at Bayou Sorrel, shall open on signal; 
except that, from about August 15 to about June 5 (the school year), 
the draw need not be opened from 6 a.m. to 7:30 a.m. and from 3 p.m. to 
4:30 p.m., Monday through Friday except holidays. The draw shall open 
on signal at any time for an emergency aboard a vessel.
    Presently, 33 CFR 117.478 (b) states: The draw of the LA 77 bridge, 
mile 47.0 (Alternate Route) at Grosse Tete, shall open on signal; 
except that from about August 15 to about June 5 (the school year), the 
draw need not be opened from 6 a.m. to 8 a.m. and from 2:30 p.m. to 
4:30 p.m., Monday through Friday except Federal holidays. The draw 
shall open on signal at any time for an emergency aboard a vessel.

Discussion of Proposed Rule

    The proposed changes will allow the bridges to operate as follows: 
The draw of the LA 75 bridge, mile 38.4 (Alternate Route) at Bayou 
Sorrel, shall open on signal; except that, from about August 15 to 
about June 5 (the school year), the draw need not be opened from 6 a.m. 
to 8 a.m. and from 3 p.m. to 5 p.m., Monday through Friday except 
holidays. The draw shall open on signal at any time for an emergency 
aboard a vessel. The draw of the LA 77 bridge, mile 47.0 (Alternate 
Route) at Grosse Tete, shall open on signal; except that from about 
August 15 to about June 5 (the school year), the draw need not be 
opened from 6 a.m. to 8:30 a.m. and from 2:30 p.m. to 5 p.m., Monday 
through Friday except Federal holidays. The draw shall open on signal 
at any time for an emergency aboard a vessel.
    A Test Deviation, following the aforementioned operating schedules 
under docket number USCG-2009-0686, is being issued in conjunction with 
this Notice of Proposed Rulemaking to test the proposed schedules and 
to obtain data and public comments. The test period will be in effect 
from November 25, 2009 until December 28, 2009. The Coast Guard will 
review the logs of the drawbridges and evaluate public comments for 
this Notice of Proposed Rulemaking and the above referenced Temporary 
Deviation to determine if a permanent special drawbridge operating 
regulation is warranted.

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 proposed 
changes would allow the bridges to remain closed-to-navigation for an 
additional 30 minutes in the morning and afternoon. Very few vessels 
will be impacted or backed up, and those few vessels should be able to 
modify their transit times accordingly.

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.
    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.
    The proposed rule would affect the following entities, some of 
which might be small entities: The owners or operators of vessels 
needing to transit through the LA 75 bridge from 6 a.m. to 8 a.m. and 
from 3 p.m. to 5 p.m. on weekdays and the owners or operators of 
vessels needing to transit through the LA 77 bridge from 6 a.m. to 8:30 
a.m. and from 2:30 p.m. to 5 p.m. on weekdays. Due to the minimal time 
adjustment of each bridge closure there should only be a small number 
of vessels that may be impacted by the proposed rule.
    This action will not have a significant economic impact on a 
substantial number of small entities for the

[[Page 57977]]

following reasons: This rule will be in effect for only 30 additional 
minutes in the morning and in the afternoon on weekdays when school is 
in session. Once that time period has ended, vessels can safely transit 
through the bridge. Before the effective period, we will issue maritime 
advisories which will be widely available to users of the river.
    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 Lindsey Middleton, Bridge 
Administration Branch, at 504-671-2128 or e-mail at 
[email protected]. The Coast Guard will not retaliate 
against small entities that question or complain about this proposed 
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 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 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 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 made a preliminary determination that this action is one of a 
category of actions which do not individually or cumulatively 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.

    2. In Sec.  117.478 revise paragraph (a) and paragraph (b) to read 
as follows:


Sec.  117.478  Lower Grand River.

    (a) The draw of the LA 75 bridge, mile 38.4 (Alternate Route) at 
Bayou Sorrel, shall open on signal; except that from about August 15 to 
about June 5 (the school year), the draw need not be opened from 6 a.m. 
to 8 a.m. and from 3 p.m. to 5 p.m., Monday through Friday except 
holidays. The draw shall open on signal at any time for an emergency 
aboard a vessel.

[[Page 57978]]

    (b) The draw of the LA 77 bridge, mile 47.0 (Alternate Route) at 
Grosse Tete, shall open on signal; except that, from about August 15 to 
about June 5 (the school year), the draw need not be opened from 6 a.m. 
to 8:30 a.m. and from 2:30 p.m. to 5 p.m., Monday through Friday except 
Federal holidays. The draw shall open on signal at any time for an 
emergency aboard a vessel.
* * * * *

    Dated: October 14, 2009.
J.E. Tunstall,
Captain, U.S. Coast Guard Commander, 8th Coast Guard District, Acting.
[FR Doc. E9-26985 Filed 11-9-09; 8:45 am]
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