[Federal Register Volume 76, Number 232 (Friday, December 2, 2011)]
[Proposed Rules]
[Pages 75505-75508]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-30637]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2011-0959]


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 increased vehicular traffic, the State of 
Louisiana requested a change to the operation schedule, allowing the 
bridge to open only on the hour during the day from Monday through 
Friday, while maintaining morning and afternoon maritime restrictions.

DATES: Comments and related material must reach the Coast Guard on or 
before January 31, 2012.

ADDRESSES: You may submit comments identified by docket number USCG-
2011-0959 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

[[Page 75506]]

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) 355-9329.
    To avoid duplication, please use only one of these four methods. 
See ``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 Donna Gagliano, Bridge Administration Branch at (504) 671-
2128, email [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-2011-0959), 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 delivery, 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 email 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-2011-0959'' in the ``Keyword'' 
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 comment.

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-2011-0959'' and click 
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column. 
You may also visit 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 a public meeting 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.

Basis and Purpose

    The Coast Guard, at the request of the State of Louisiana, proposes 
to change the existing operating schedule for the SR 23 vertical lift 
bridge across the Gulf Intracoastal Waterway (Algiers Alternate Route), 
mile 3.8, at Belle Chasse, Plaquemines Parish, Louisiana. Due to an 
increase in vehicle traffic, the State of Louisiana requested a change 
to the operation schedule. This change would allow the bridge to open 
only on the hour during the day from Monday through Friday, while 
maintaining morning and afternoon maritime restrictions. Bridge tender 
logs for the past 7-month period showed that approximately 560 vessels 
(19% of the vessels that transit under the bridge) requested an opening 
between the hours of 6 a.m. and 9 a.m. and between the hours of 3 p.m. 
and 6 p.m. Traffic counts were collected beginning September 26, 2011 
for a 2-week period, during the average work week, and a 24-hour 
summary showed 7354 vehicles (40%) commuted across the bridge during 
the same times. Thus, a substantial delay can occur to vehicular 
traffic during the morning and afternoon heavy commute periods. The 
proposed change would allow for a set schedule of openings for vessels 
while minimally disrupting vehicular traffic during the morning and 
afternoon rush hours. Also, the proposed schedule would allow 
additional time to clear vehicular traffic from the roadways and reduce 
traffic backups caused by the bridge openings. It is expected that very 
few vessels will be impacted by this change, and reasonable alternative 
routes are available for vessels that must avoid delay. All vessels 
waiting during the closure will be allowed to pass at scheduled 
openings.
    Presently, 33 CFR 117.451(b) states: The draw of the SR 23 Bridge, 
Algiers Alternate Route, mile 3.8 at Belle Chasse, shall open on 
signal; except that, from 6 a.m. to 8:30 a.m. and from 3:30 p.m. to 
5:30 p.m. Monday through Friday, except Federal holidays, the draw need 
not be opened for the passage of vessels.

Discussion of Proposed Rule

    The proposed change will allow the bridge to operate as follows: 
The bridge shall open on signal between 8 p.m. and 6:30 a.m. for the 
passage of vessels. From 6:30 a.m. until 8 p.m. Monday through Friday 
the bridge will only open on the hour for the passage of vessel 
traffic. However, to facilitate the movement of vehicular traffic 
during rush hour this change will continue to allow the bridge to 
remain closed to navigation from 6:30 a.m. until 9 a.m. and from 3:30 
p.m. until 6 p.m. Monday through Friday, excluding Federal holidays. 
Specifically, the draw need not open at 7 a.m., 8 a.m., 4 p.m. and 5 
p.m. weekdays, excluding Federal holidays. Hourly openings will allow 
the motorist to know when the bridge

[[Page 75507]]

may open. At all times on the weekend the bridge will open on signal.
    The vertical clearance of the bridge is 40 feet above mean high 
water in the closed-to-navigation position, so only vessels with 
vertical clearance requirement of greater than 40 feet will be affected 
by the proposed change. An alternate route is available via Harvey 
Canal (GIWW), if such vessels do not wish to be delayed.
    A Test Deviation, following the aforementioned operating schedule 
under docket number USCG-2011-0959, is being issued in conjunction with 
the Notice of Proposed Rulemaking to test the proposed schedules and to 
obtain data and public comments. The test period will be in effect from 
December 19, 2011 until January 17, 2012. The Coast Guard will review 
the logs of the drawbridge 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, 
as supplemented by Executive Order 13563, Improving Regulation and 
Regulatory 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. Very few 
vessels will be impacted or backed up, and those few vessels should be 
able to modify their transit times and routes 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. This proposed rule would affect the following 
entities, some of which might be small entities: the owners or 
operators of vessels needing to transit the bridge from 6:30 a.m. until 
8 p.m. Monday through Friday. The proposed set schedule for the minimal 
time adjustment of each bridge closure would affect a small number of 
vessels impacted by the proposed rule.
    This action will not have a significant economic impact on a 
substantial number of small entities for the following reasons. Vessels 
that can transit under the bridge may do so at any time. Although, the 
set closure of the drawbridge will effectively close that section of 
the waterway, an alternative route (Harvey Canal, GIWW) is available 
with little additional transit time. Before the effective period, we 
will issue maritime advisories which will be 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 Donna Gagliano, 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 (adjusted for 
inflation) 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

[[Page 75508]]

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. Section 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; except that from 6:30 a.m. until 
8 p.m. Monday through Friday, the draw need only open on the hour for 
the passage of vessels. The draw need not open at 7 a.m., 8 a.m., 4 
p.m. and 5 p.m. Monday through Friday excluding Federal holidays.
* * * * *

    Dated: November 3, 2011.
Roy A. Nash,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2011-30637 Filed 12-1-11; 8:45 am]
BILLING CODE 4910-15-P