
[Federal Register: August 19, 2009 (Volume 74, Number 159)]
[Proposed Rules]               
[Page 41816-41818]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19au09-15]                         

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2009-0670]
RIN 1625-AA09

 
Drawbridge Operation Regulation; Franklin Canal, Franklin, LA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to change the regulation governing 
the operation of the Chatsworth Road swing span bridge across the 
Franklin Canal, mile 4.8, at Franklin, St. Mary Parish, Louisiana. The 
St. Mary Parish Government has requested that the operating regulation 
of the Chatsworth Road swing span bridge be changed in order for the 
bridge not to have to be continuously manned by a draw tender. This 
change would allow the bridge to remain unmanned during most of the day 
by requiring a one-hour notice for an opening of the draw between 5 
a.m. and 9 p.m. daily. Currently the bridge opens on signal during this 
time period.

DATES: Comments and related material must reach the Coast Guard on or 
before October 19, 2009. Requests for public meetings must be received 
by the Coast Guard on or before September 3, 2009.

ADDRESSES: You may submit comments identified by docket number USCG-
2009-0670 using one of the following methods:
    (1) Federal eRulemaking Portal: http:[sol][sol]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 instruction on submitting 
comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or e-mail Phil Johnson, Bridge Administration Branch, Eighth 
Coast Guard District; telephone 504-671-2128, e-mail 
Philip.R.Johnson@uscg.mil. 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-2009-0670), indicate the specific section of this 
document to which each comment applies, and provide the 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 as having been 
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-2009-0670'' 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[frac12] 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-2009-0670'' and click 
``Search.'' Click on 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 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 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 on or before September 3, 2009 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 St. Mary Parish Government has requested that the operating 
regulation of the Chatsworth Road swing span bridge, located on the 
Franklin Canal at mile 4.8 in Franklin, St. Mary Parish,

[[Page 41817]]

Louisiana, be changed in order for the bridge not to have to be 
continuously manned by a draw tender from 5 a.m. to 9 p.m. when the 
bridge is now required to open on signal. Because of the relocation of 
a public boat landing downstream of the bridge, vessel traffic has 
become infrequent, and it is no longer necessary to have a bridge 
tender continuously man the bridge.
    Concurrent with the publication of the Notice of Proposed 
Rulemaking, a Test Deviation [USCG-2009-0670] has been issued to allow 
the St. Mary Parish Government to test the proposed schedule and to 
obtain data and public comments. The test period will be in effect 
during the entire Notice of Proposed Rulemaking comment period. 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 change to the 
permanent special drawbridge operating regulation is warranted.
    The Test Deviation allows the bridge to operate as follows: The 
Chatsworth Road Bridge, mile 4.8 at Franklin, shall open on signal from 
5 a.m. to 9 p.m. if at least one hour notice is given. From October 1 
through January 31 from 9 p.m. to 5 a.m., the draw shall be opened on 
signal if at least three hours notice is given. From February 1 through 
September 30 from 9 p.m. to 5 a.m., the draw shall open on signal if at 
least 12 hours notice is given.

Discussion of Proposed Rule

    The bridge owner has requested a change in the operating regulation 
which would require a one-hour notice for an opening of the draw from 5 
a.m. to 9 p.m. daily. Presently, the bridge operates as follows: The 
draw of the Chatsworth Road Bridge, mile 4.8 at Franklin, shall open on 
signal from 5 a.m. to 9 p.m. From October 1 through January 31 from 9 
p.m. to 5 a.m., the draw shall open on signal if at least three hours 
notice is given. From February 1 through September 30 from 9 p.m. to 5 
a.m., the draw shall open on signal if at least 12 hours notice is 
given. This rule would allow the bridge to operate as follows: The draw 
of the Chatsworth Road Bridge, mile 4.8 at Franklin, shall open on 
signal from 5 a.m. to 9 p.m. if at least one hour notice is given. From 
October 1 through January 31 from 9 p.m. to 5 a.m., the draw shall be 
opened on signal if at least three hours notice is given. From February 
1 through September 30 from 9 p.m. to 5 a.m., the draw shall open on 
signal if at least 12 hours notice is given. The proposed rule change 
to 33 CFR 117.445 would reduce the burden on the bridge owner while 
maintaining the ability to operate the bridge.

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 only one hour in advance rather than on 
signal.

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 with less than a one 
hour advance notice. The requests for bridge openings by commercial 
vessels are infrequent and those vessels that do require an opening of 
the draw are normally able to schedule operations in conjunction with 
advance requests for openings. Vessels patronizing commercial 
facilities upstream of the bridge will be easily able to contact the 
bridge tender an hour prior to anticipating arrival at the bridge. The 
bridge provides a vertical clearance of 7 feet above high water. Thus, 
many small commercial or pleasure craft can safely transit under the 
bridge at any time.
    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 Phil Johnson, 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.

[[Page 41818]]

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. Sec.  117.445 is revised to read as follows:


Sec.  117.445  Franklin Canal.

    The draw of the Chatsworth Bridge, mile 4.8 at Franklin, shall open 
on signal from 5 a.m. to 9 p.m. if at least one hour notice is given. 
From October 1 through January 31 from 9 p.m. to 5 a.m., the draw shall 
be opened on signal if at least three hours notice is given. From 
February 1 through September 30 from 9 p.m. to 5 a.m., the draw shall 
open on signal if at least 12 hours notice is given.

    Dated: August 4, 2009.
Mary E. Landry,
Rear Admiral, U.S. Coast Guard Commander, Eighth Coast Guard District.
[FR Doc. E9-19825 Filed 8-18-09; 8:45 am]

BILLING CODE 4910-15-P
