Federal Register / Vol. 75, No. 61 / Wednesday, March 31, 2010 / Rules and Regulations 16007

CFR 117.189(a). Navigation on the ADDRESSES: Comments and related comments. The test deviation allowed waterway is commercial and materials received from the public, as the to operate as follows: The recreational. well as documents mentioned in this draw of the LA 75 , mile 38.4 The drawspan will be secured in the preamble as being available in the (Alternate Route) at Bayou Sorrel and closed-to-navigation position from 8 docket, are part of docket USCG–2009– the draw of the LA 77 bridge, mile 47.0 a.m. to 6 p.m. on March 30, 2010, to 0686 and are available online by going (Alternate Route) at Grosse Tete, shall allow the bridge owner to remove and to http://www.regulations.gov, inserting open on signal; except that, from about replace the oil in the operating USCG–2009–0686 in the ‘‘Keyword’’ August 15 to about June 5 (the school machinery for the drawspan. This box, and then clicking ‘‘Search.’’ This year), the draw of the LA 75 bridge need temporary deviation has been material is also available for inspection not be opened from 6 a.m. to 8 a.m. and coordinated with waterway users. There or copying at the Docket Management from 3 p.m. to 5 p.m. and the draw of are no scheduled river cruises or Facility (M–30), U.S. Department of the LA 77 bridge need not be opened anticipated levee maintenance during Transportation, West Building Ground from 6 a.m. to 8:30 a.m. and from 2:30 this deviation period. No objections to Floor, Room W12–140, 1200 New Jersey p.m. to 5 p.m., Monday through Friday the proposed temporary deviation were Avenue, SE., , DC 20590, except Federal holidays. The draws raised. The drawspan can be opened between 9 a.m. and 5 p.m., Monday shall open on signal at any time for an with 2 hours advance notice for through Friday, except Federal holidays. emergency aboard the vessel. The test emergencies requiring the passage of SUPPLEMENTARY INFORMATION: period was in effect from November 25, 2009 until December 28, 2009. waterway traffic. Regulatory Information Vessels that can transit the bridge, One comment was received on while in the closed-to-navigation On November 10, 2009, we published November 11, 2009, before the test position, may continue to do so at any a notice of proposed rulemaking deviation went into effect, from a time. (NPRM) entitled Operation mariner expressing concern about the In accordance with 33 CFR 117.35(e), Regulations; Lower Grand River, curfew changes. He is concerned the drawbridge must return to its regular Iberville Parish, LA in the Federal because he believes there is already a operating schedule immediately at the Register (74 FR 57884). We received one congestion problem on the waterway end of the designated time period. This comment on the proposed rule. No during the closure periods and the deviation from the operating regulations public meeting was requested, and none additional 30 minutes would make the is authorized under 33 CFR 117.35. was held. congestion worse. We did not receive any comments during or after the test Background and Purpose Dated: March 15, 2010. deviation. S.P. Metruck, The Iberville Parish School Board The Coast Guard has reviewed bridge Captain, U.S. Coast Guard, Acting requested a change in the operation tender logs from before, during, and Commander, Eleventh Coast Guard District. regulation for the LA 75 pontoon and after the test deviation became effective. [FR Doc. 2010–7249 Filed 3–30–10; 8:45 am] the LA 77 across the Lower The logs do not indicate an appreciable BILLING CODE 4910–15–P Grand River, mile 38.4 and 47.0, difference in the number of openings respectively, in Iberville Parish, with the additional 30 minute closure Louisiana. The change would add an period. The Coast Guard also reviewed DEPARTMENT OF HOMELAND additional 30 minutes to the end of each the school buses crossing the bridges SECURITY scheduled closure period to provide during the test deviation. The report more time for school buses to transit indicated that the only time extension Coast Guard across the bridge. Extra time is now needed for the school buses is the needed because one of Iberville Parish’s morning closure for LA 75 pontoon 33 CFR Part 117 high schools has been closed. School bridge at Bayou Sorrel. Based on the bus lines have been rerouted, creating [Docket No. USCG–2009–0686] research and data that was reviewed and the need to have more time to transit the the comment that was received, the RIN 1625–AA09 students over the bridges. Coast Guard has determined that the Presently, 33 CFR 117.478(a) and (b) permanent change to the operating Drawbridge Operation Regulation; states: The draw of the LA 75 bridge, regulation for the Bayou Sorrel, LA 75 Lower Grand River, Iberville Parish, LA mile 38.4 (Alternate Route) at Bayou pontoon bridge morning closure period Sorrel and the draw of the LA 77 bridge, is warranted. The LA 75 pontoon bridge AGENCY: Coast Guard, DHS. mile 47.0 (Alternate Route) at Grosse at Bayou Sorrel afternoon bridge closure ACTION: Final rule. Tete, shall open on signal; except that, and the LA 77 swing bridge at Grosse from about August 15 to about June 5 SUMMARY: The Coast Guard is changing Tete morning and afternoon closures (the school year), the draw of the LA 75 the regulation governing the operation will remain as they are presently bridge need not be opened from 6 a.m. of the LA 75 pontoon bridge, mile 38.4, regulated. to 7:30 a.m. and from 3 p.m. to 4:30 p.m. in Iberville Parish, Louisiana. The and the draw of the LA 77 bridge need Discussion of Comments and Changes Iberville Parish School Board requested not be opened from 6 a.m. to 8 a.m. and The Coast Guard received one that the operating regulation of the LA from 2:30 p.m. to 4:30 p.m., Monday comment from a mariner on November 75 pontoon bridge be changed to add an through Friday except Federal holidays. 11, 2009. Although he recognizes the additional 30 minutes to the end of the The draws shall open on signal at any importance of getting children to school morning scheduled closure period to time for an emergency aboard the vessel. at the proper times, he is worried about provide more time for school buses to Concurrent with the publication of the increase in the duration of time that transit across the bridge. The additional the notice of proposed rulemaking, a the bridges would be closed because it time is needed as a result of school test deviation [USCG–2009–0686] was would add to a current congestion issue redistricting. issued to allow the Iberville Parish during those periods of closure. The DATES: This rule is effective April 30, School Board to test the proposed Coast Guard has analyzed the data and 2010. schedule and to obtain data and public research on the impact of the time

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adjustment on vessel traffic and has entities: The owners or operators of Protection of Children concluded that there is not a significant vessels that would be transiting the We have analyzed this rule under impact. Furthermore, the Coast Guard bridge during that 30 minute increment Executive Order 13045, Protection of has analyzed the data and research on of time. Because the amount of time that Children from Environmental Health the impact the time adjustment has would be added to the current bridge Risks and Safety Risks. This rule is not made on school bus traffic and has closure period is minimal, this rule will an economically significant rule and concluded that the only bridge closure not affect a substantial number of small would not create an environmental risk in need of the time adjustment is the entities and therefore will not have a to health or risk to safety that might morning closure at the LA 75 pontoon substantial economic impact. disproportionately affect children. bridge at Bayou Sorrel. Therefore, this is Assistance for Small Entities the only closure that will be Indian Tribal Governments permanently changed in the regulatory Under section 213(a) of the Small This rule does not have tribal text. Business Regulatory Enforcement implications under Executive Order 13175, Consultation and Coordination Regulatory Analyses Fairness Act of 1996 (Pub. L. 104–121), in the NPRM (SNPRM) we offered to with Indian Tribal Governments, We developed this rule after assist small entities in understanding because it does not have a substantial considering numerous statutes and the rule so that they could better direct effect on one or more Indian executive orders related to rulemaking. evaluate its effects on them and tribes, on the relationship between the Below we summarize our analyses participate in the rulemaking process. Federal Government and Indian tribes, based on 13 of these statutes or or on the distribution of power and executive orders. Collection of Information responsibilities between the Federal Government and Indian tribes. Regulatory Planning and Review This rule calls for no new collection This rule is not a significant of information under the Paperwork Energy Effects regulatory action under section 3(f) of Reduction Act of 1995 (44 U.S.C. 3501– We have analyzed this rule under Executive Order 12866, Regulatory 3520). Executive Order 13211, Actions Planning and Review, and does not Federalism Concerning Regulations That require an assessment of potential costs Significantly Affect Energy Supply, and benefits under section 6(a)(3) of that A rule has implications for federalism Distribution, or Use. We have Order. The Office of Management and under Executive Order 13132, determined that it is not a ‘‘significant Budget has not reviewed it under that Federalism, if it has a substantial direct energy action’’ under that order because Order. effect on State or local governments and it is not a ‘‘significant regulatory action’’ We expect the economic impact of would either preempt State law or under Executive Order 12866 and is not this rule to be so minimal that a full impose a substantial direct cost of likely to have a significant adverse effect Regulatory Evaluation is unnecessary. compliance on them. We have analyzed on the supply, distribution, or use of The changes have a minimal impact on this rule under that Order and have energy. The Administrator of the Office maritime traffic transiting the bridge. determined that it does not have of Information and Regulatory Affairs Mariners can plan their trips in implications for federalism. has not designated it as a significant accordance with the scheduled bridge Unfunded Mandates Reform Act energy action. Therefore, it does not openings. The changes to the regulatory require a Statement of Energy Effects text published in the NPRM will be less The Unfunded Mandates Reform Act under Executive Order 13211. restrictive than what was published. of 1995 (2 U.S.C. 1531–1538) requires Technical Standards The afternoon closure at the LA 75 Federal agencies to assess the effects of pontoon bridge at Bayou Sorrel and both their discretionary regulatory actions. In The National Technology Transfer the morning and afternoon closures at particular, the Act addresses actions and Advancement Act (NTTAA) (15 the LA 77 swing bridge at Grosse Tete that may result in the expenditure by a U.S.C. 272 note) directs agencies to use will remain unchanged to what is State, local, or tribal government, in the voluntary consensus standards in their currently published in the operating aggregate, or by the private sector of regulatory activities unless the agency regulations. $100,000,000 (adjusted for inflation) or provides Congress, through the Office of Management and Budget, with an Small Entities more in any one year. Though this rule will not result in such an expenditure, explanation of why using these Under the Regulatory Flexibility Act we do discuss the effects of this rule standards would be inconsistent with (5 U.S.C. 601–612), we have considered elsewhere in this preamble. applicable law or otherwise impractical. whether this rule would have a Voluntary consensus standards are significant economic impact on a Taking of Private Property technical standards (e.g., specifications substantial number of small entities. of materials, performance, design, or This rule will not affect a taking of The term ‘‘small entities’’ comprises operation; test methods; sampling private property or otherwise have small businesses, not-for-profit procedures; and related management taking implications under Executive organizations that are independently systems practices) that are developed or Order 12630, Governmental Actions and owned and operated and are not adopted by voluntary consensus Interference with Constitutionally dominant in their fields, and standards bodies. governmental jurisdictions with Protected Property Rights. This rule does not use technical populations of less than 50,000. Civil Justice Reform standards. Therefore, we did not The Coast Guard certifies under 5 consider the use of voluntary consensus U.S.C. 605(b) that this rule will not have This rule meets applicable standards standards. a significant economic impact on a in sections 3(a) and 3(b)(2) of Executive substantial number of small entities. Order 12988, Civil Justice Reform, to Environment This rule will affect the following minimize litigation, eliminate We have analyzed this rule under entities, some of which might be small ambiguity, and reduce burden. Department of Homeland Security

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Management Directive 023–01 and ACTION: Notice of temporary deviation in the closed position between 10 a.m. Commandant Instruction M16475.lD, from regulations. and 12 p.m. on May 30, 2010. The 10 which guides the Coast Guard in a.m. and 11:15 a.m. openings will be complying with the National SUMMARY: The Commander, First Coast missed as a result of this temporary Environmental Policy Act of 1969 Guard District, has issued a temporary deviation. Vessels able to pass under the (NEPA) (42 U.S.C. 4321–4370f), and deviation from the regulation governing closed draw may do so at any time. have concluded that this action is one the operation of the Route 6 New In accordance with 33 CFR 117.35(e), of a category of actions which do not Bedford Fairhaven Bridge across the the bridge must return to its regular individually or cumulatively have a Acushnet River, mile 0.0, between New operating schedule immediately at the significant effect on the human Bedford and Fairhaven, Massachusetts. end of the designated time period. This environment. This rule is categorically This temporary deviation is necessary to deviation from the operating regulations excluded, under figure 2–1, paragraph facilitate a public event, the Greater is authorized under 33 CFR 117.35. New Bedford Community Health Center (32)(e), of the Instruction. Dated: March 16, 2010. Under figure 2–1, paragraph (32)(e), of 5K Road Race, by allowing the bridge to the Instruction, an environmental remain in the closed position for two Gary Kassof, analysis checklist and a categorical hours during the running of the 5K Road Bridge Program Manager, First Coast Guard exclusion determination are not Race. District. required for this rule. DATES: This deviation is effective from [FR Doc. 2010–7246 Filed 3–30–10; 8:45 am] BILLING CODE 9110–04–P List of Subjects in 33 CFR Part 117 10 a.m. through 12 p.m. on May 30, 2010. Bridges. ADDRESSES: Documents mentioned in ■ For the reasons discussed in the DEPARTMENT OF HOMELAND this preamble as being available in the SECURITY preamble, the Coast Guard amends 33 docket are part of docket USCG–2010– CFR part 117 as follows: 0167 and are available online at http:// Coast Guard PART 117—DRAWBRIDGE www.regulations.gov, inserting USCG– OPERATION REGULATIONS 2009–0001 in the ‘‘Keyword’’ and then 33 CFR Part 117 clicking ‘‘Search’’. They are also [USCG–2010–0029] ■ 1. The authority citation for part 117 available for inspection or copying at continues to read as follows: the Docket Management Facility (M–30), Drawbridge Operation Regulations; Authority: 33 U.S.C. 499; 33 CFR 1.05–1; U.S. Department of Transportation, Hackensack River, Jersey City, NJ, Department of Homeland Security Delegation West Building Ground Floor, Room Maintenance No. 0170.1. W12–140, 1200 New Jersey Avenue, SE., AGENCY: Coast Guard, DHS. ■ 2. In § 117.478 paragraph (a) is revised Washington, DC 20590, between 9 a.m. ACTION: to read as follows: and 5 p.m., Monday through Friday, Notice of temporary deviation except Federal holidays. from regulations. § 117.478 Lower Grand River. FOR FURTHER INFORMATION CONTACT: If SUMMARY: The Commander, First Coast (a) The draw of the LA 75 bridge, mile you have questions on this rule, call or Guard District, has issued a temporary 38.4 (Alternate Route) at Bayou Sorrel, e-mail Mr. John McDonald, Project deviation from the regulation governing shall open on signal; except that from Officer, First Coast Guard District, the operation of the Route 1 & 9 about August 15 to about June 5 (the telephone (617) 223–8364, (Lincoln ) Bridge, mile 1.8, school year), the draw need not be [email protected]. If you have across the Hackensack River at Jersey opened from 6 a.m. to 8 a.m. and from questions on viewing the docket, call City, New Jersey. This deviation allows 3 p.m. to 4:30 p.m., Monday through Renee V. Wright, Program Manager, the bridge owner to require a two hour Friday except holidays. The draw shall Docket Operations, telephone 202–366– advance notice for bridge openings open on signal at any time for an 9826. April through September and several emergency aboard a vessel. SUPPLEMENTARY INFORMATION: bridge closures to facilitate bridge * * * * * The Route 6 New Bedford Fairhaven painting operations. Vessels that can Dated: March 15, 2010. Bridge, across the Acushnet River at pass under the draw without a bridge Mary E. Landry, mile 0.0, between New Bedford and opening may do so at all times. Fairhaven, Massachusetts, has a vertical Rear Admiral, U.S. Coast Guard, Commander, DATES: This deviation is effective from clearance in the closed position of 6 feet Eighth Coast Guard District. April 1, 2010 through September 15, at mean high water and 10 feet at mean [FR Doc. 2010–7167 Filed 3–30–10; 8:45 am] 2010. low water. The Drawbridge Operation BILLING CODE 9110–04–P Regulations are listed at 33 CFR ADDRESSES: Documents indicated in this 117.585. The bridge opens on the hour preamble as being available in the docket are part of docket USCG–2010– DEPARTMENT OF HOMELAND from 6 a.m. through 10 a.m. and at a 0029 and are available online at SECURITY quarter past the hour between 11:15 a.m. and 6:15 p.m. The bridge opens on http://www.regulations.gov. They are Coast Guard signal at all other times. also available for inspection or copying The owner of the bridge, at the Docket Management Facility (M– 33 CFR Part 117 Massachusetts Department of 30), U.S. Department of Transportation, Transportation, requested this West Building Ground Floor, Room [Docket No. USCG–2010–0167] temporary deviation to facilitate a W12–140, 1200 New Jersey Avenue, SE., Drawbridge Operation Regulations; public event, the Greater New Bedford Washington, DC 20590, between 9 a.m. Acushnet River, New Bedford and Community Health Center 5K Road and 5 p.m., Monday through Friday, Fairhaven, MA, Event—Road Race Race. except Federal holidays, and the First Under this deviation, the Route 6 New Coast Guard District, Bridge Branch AGENCY: Coast Guard, DHS. Bedford Fairhaven Bridge may remain Office, 408 Atlantic Avenue, Boston,

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