Drawbridge Operation Regulations; Wabash River; Activity Identifier; Permanent Change to Operating Schedule, 76217-76219 [E8-29733]
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Federal Register / Vol. 73, No. 242 / Tuesday, December 16, 2008 / Rules and Regulations
including any territory or possession of
the United States, may obtain consent to
disclose the taxpayer’s SSN to a tax
return preparer located outside of the
United States or any territory or
possession of the United States only if
the tax return preparer discloses the
SSN through the use of an adequate
protection safeguard as described in
guidance published in the Internal
Revenue Bulletin and verifies the
maintenance of the adequate data
protection safeguards in the request for
the taxpayer’s consent pursuant to the
specifications described in guidance
published in the Internal Revenue
Bulletin.
The rules adopted in the final
regulations are substantially identical to
those proposed in the notice of
proposed rulemaking with the exception
that § 301.7216–3T(d), which set forth
the effective date for the rules contained
in the temporary regulations, was
removed and not adopted in the final
regulations because the identical
effective date is currently set forth in
§ 301.7216–3(d). In addition, minor and
non-substantive edits were made to
provide grammatical consistency and
clarity throughout the regulations.
Additional guidance regarding the
adequate data protection safeguard set
forth in the regulations may be found in
Revenue Procedure 2008–35, 2008–29
I.R.B. 132. See § 601.601(d)(2)(ii)(b).
Special Analyses
It has been determined that this
Treasury decision is not a significant
regulatory action as defined in
Executive Order 12866. Therefore, a
regulatory assessment is not required. It
also has been determined that section
553(b) of the Administrative Procedure
Act (5 U.S.C. chapter 5) does not apply
to these regulations, and because the
regulations do not impose a collection
of information on small entities, the
Regulatory Flexibility Act (5 U.S.C.
chapter 6) does not apply. Pursuant to
section 7805(f) of the Internal Revenue
Code, the notice of proposed rulemaking
preceding these regulations were
submitted to the Chief Counsel for
Advocacy of the Small Business
Administration for comment on their
impact on small business.
mstockstill on PROD1PC66 with RULES_2
Drafting Information
The principal author of these
regulations is Molly K. Donnelly, Office
of the Associate Chief Counsel
(Procedure and Administration).
List of Subjects in 26 CFR Part 301
Employment taxes, Estate taxes,
Excise taxes, Gift taxes, Income taxes,
VerDate Aug<31>2005
15:59 Dec 15, 2008
Jkt 217001
Penalties, Reporting and recordkeeping
requirements.
Adoption of Amendments to the
Regulations
Accordingly, 26 CFR part 301 is
amended as follows:
■
PART 301—PROCEDURE AND
ADMINISTRATION
Paragraph 1. The authority citation
for part 301 continues to read in part as
follows:
■
Authority: 26 U.S.C. 7805 * * *
Par. 2. Section 301.7216–3 is
amended by revising paragraph (b)(4) to
read as follows:
■
§ 301.7216–3 Disclosure or use permitted
only with the taxpayer’s consent.
*
*
*
*
*
(b) * * *
(4) No consent to the disclosure of a
taxpayer’s social security number to a
return preparer outside of the United
States with respect to a taxpayer filing
a return in the Form 1040 Series—(i) In
general. Except as provided in
paragraph (b)(4)(ii) of this section, a tax
return preparer located within the
United States, including any territory or
possession of the United States, may not
obtain consent to disclose the taxpayer’s
social security number (SSN) with
respect to a taxpayer filing a return in
the Form 1040 Series, for example,
Form 1040, Form 1040NR, Form 1040A,
or Form 1040EZ, to a tax return preparer
located outside of the United States or
any territory or possession of the United
States. Thus, if a tax return preparer
located within the United States
(including any territory or possession of
the United States) obtains consent from
an individual taxpayer to disclose tax
return information to another tax return
preparer located outside of the United
States, as provided under §§ 301.7216–
2(c) and 301.7216–2(d), the tax return
preparer located in the United States
may not disclose the taxpayer’s SSN,
and the tax return preparer must redact
or otherwise mask the taxpayer’s SSN
before the tax return information is
disclosed outside of the United States.
If a tax return preparer located within
the United States initially receives or
obtains a taxpayer’s SSN from another
tax return preparer located outside of
the United States, however, the tax
return preparer within the United States
may, without consent, retransmit the
taxpayer’s SSN to the tax return
preparer located outside the United
States that initially provided the SSN to
the tax return preparer located within
the United States. For purposes of this
section, a tax return preparer located
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76217
outside of the United States does not
include a tax return preparer who is
continuously and regularly employed in
the United States or any territory or
possession of the United States and who
is in a temporary travel status outside of
the United States.
(ii) Exception. A tax return preparer
located within the United States,
including any territory or possession of
the United States, may obtain consent to
disclose the taxpayer’s SSN to a tax
return preparer located outside of the
United States or any territory or
possession of the United States only if
the tax return preparer within the
United States discloses the SSN to a tax
return preparer outside of the United
States through the use of an adequate
data protection safeguard as defined by
the Secretary in guidance published in
the Internal Revenue Bulletin (see
§ 601.601(d)(2)(ii)(b) of this chapter) and
verifies the maintenance of the adequate
data protection safeguards in the request
for the taxpayer’s consent pursuant to
the specifications described by the
Secretary in guidance published in the
Internal Revenue Bulletin.
*
*
*
*
*
§ 301.7216–3T
[Removed]
Par. 3. Section 301.7216–3T is
removed.
■
Linda E. Stiff,
Deputy Commissioner for Services and
Enforcement.
Approved: December 10, 2008.
Eric Solomon,
Assistant Secretary of the Treasury (Tax
Policy).
[FR Doc. E8–29770 Filed 12–15–08; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2008–0100]
RIN 1625–AA09
Drawbridge Operation Regulations;
Wabash River; Activity Identifier;
Permanent Change to Operating
Schedule
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard moves that
the procedures for Operation of
Drawbridges across the Wabash River be
revised to reflect the needs of
navigation. There were no comments or
E:\FR\FM\16DER1.SGM
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76218
Federal Register / Vol. 73, No. 242 / Tuesday, December 16, 2008 / Rules and Regulations
related materials received from the
public for the Notice of Final
Rulemaking docket number USCG–
2008–0100 that preceded this Final
Rule.
DATES: This rule is effective January 15,
2009.
ADDRESSES: Comments and related
materials received from the public, as
well as documents mentioned in this
preamble as being available in the
docket, are part of docket USCG–2008–
0100 and are available online at
https://www.regulations.gov. This
material is also available for inspection
or copying at two locations: The 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, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays, and the Eighth
Coast Guard District, Bridge Branch,
1222 Spruce Street, Suite 2.107F, St.
Louis, MO 63103–2832 between 8 a.m.
and 4 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this final rule,
call Mr. Roger Wiebusch, Bridge
Administrator, (314) 269–2378. If you
have questions on viewing the docket,
call Ms. Renee V. Wright, Program
Manager, Docket Operations, telephone
202–366–9826.
mstockstill on PROD1PC66 with RULES_2
Regulatory Information
On May 5, 2008, we published a
notice of proposed rulemaking (NPRM)
entitled ‘‘Drawbridge Operation
Regulation; Wabash River, IL;
Permanent Change to Operating
Schedule’’ in the Federal Register (Vol.
73, No. 87). We received no letters
commenting on the proposed rule. No
public meeting was requested, and none
was held.
Background and Purpose
The Wabash River is a 475 mile long
river in the eastern United States that
flows generally southwest from Ohio,
through Indiana, to Kentucky. The
System rises in the vicinity of St. Henry,
Ohio and flows across northern Indiana
to Illinois where it forms the southern
Illinois-Indiana border before draining
into the Ohio River. The Wabash River
flows into the Ohio River near
Uniontown, Kentucky. The Wabash
River drawbridge operation regulations,
contained in 33 CFR 117.397, state that
all drawbridges shall open on signal if
given 72 hours advance notice. The
Coast Guard has determined that this
regulation is no longer necessary due to
the lack of navigation on the river. This
VerDate Aug<31>2005
15:59 Dec 15, 2008
Jkt 217001
action was coordinated with the local
marine industry and no objections or
concerns were raised.
Discussion of Changes
The changes to 33 CFR 117.397 will
reflect the current needs of navigation
on the Wabash River. The last request
for opening of a drawspan on the
Wabash River was in 1991. The U.S.
Army Corps of Engineers does not
maintain any project depth or navigable
channel on the river. Commercial use of
the waterway is only possible during
periods of high water. During these
periods ‘‘snag and debris removal’’
operations are carried out by small
commercial vessels that can safely pass
beneath all closed drawspans on the
waterway.
Regulatory Analyses
We developed this 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 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 rule to be so minimal that a full
Regulatory Evaluation is unnecessary.
The drawbridges of the Wabash River
do not presently open for the passage of
vessels due to the lack of navigation on
the river. The last recorded opening of
a Wabash River drawspan was in 1991.
Consultation with bridge owners
indicated that currently no bridge on the
Wabash River has a bridge tender
position assigned to it. Therefore, no
jobs will be lost, nor will any forms of
commerce be disrupted by the rule.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this 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 rule would not
PO 00000
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Fmt 4700
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have a significant economic impact on
a substantial number of small entities.
This rule is neutral to all business
entities since it only clarifies how the
bridges are operated.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we offered to assist small entities in
understanding the rule so that they can
better evaluate its effects on them and
participate in the rulemaking process.
Collection of Information
This rule calls 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 final 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 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 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 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 rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
E:\FR\FM\16DER1.SGM
16DER1
Federal Register / Vol. 73, No. 242 / Tuesday, December 16, 2008 / Rules and Regulations
would not create an environmental risk
to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does 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 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.
mstockstill on PROD1PC66 with RULES_2
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 rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 5100.1 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
VerDate Aug<31>2005
15:59 Dec 15, 2008
Jkt 217001
have concluded that there are no factors
in this case that would limit the use of
a categorical exclusion under section
2.B.2 of the Instruction. Therefore, this
rule is categorically excluded, under
figure 2–1, paragraph (32)(e) of the
Instruction, from further environmental
documentation.
Under figure 2–1, paragraph (32)(e), of
the Instruction, an environmental
analysis checklist and a categorical
exclusion determination are not
required for this rule.
List of Subjects in 33 CFR Part 117
Bridges.
■ For the reasons discussed in the
preamble, the Coast Guard amends 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. Revise § 117.397 to read as follows:
§ 117.397
Wabash River
The draws of the bridges across the
Wabash River need not be opened for
the passage of vessels.
Dated: November 24, 2008.
Joel R. Whitehead,
RADM, USCG.
[FR Doc. E8–29733 Filed 12–15–08; 8:45 am]
BILLING CODE 4910–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 50
[EPA–HQ–OAR–2005–0159; FRL–8752–2]
RIN 2060–AP28
The Treatment of Data Influenced by
Exceptional Events (Exceptional Event
Rule): Revised Exceptional Event Data
Flagging Submittal and Documentation
Schedule To Support Initial Area
Designations for the 2008 Ozone
NAAQS
Environmental Protection
Agency (EPA).
ACTION: Withdrawal of direct final rule.
AGENCY:
SUMMARY: The EPA issued ‘‘The
Treatment of Data Influenced by
Exceptional Events (Exceptional Event
Rule): Revised Exceptional Event Data
Flagging Submittal and Documentation
Schedule for Monitoring Data Used in
Designations for the 2008 Ozone
NAAQS’’ as a direct final rule on
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Sfmt 4700
76219
October 6, 2008, 73 FR 58042. Because
EPA received an adverse comment, we
are withdrawing the direct final rule
amendments to ‘‘The Treatment of Data
Influenced by Exceptional Events
(Exceptional Event Rule): Revised
Exceptional Event Data Flagging
Submittal and Documentation Schedule
to Support Initial Area Designations for
the 2008 Ozone NAAQS’’ published in
the Federal Register on October 6, 2008
(73 FR 58042).
DATES: As of December 16, 2008, EPA
withdraws the direct final rule
amendments published on October 6,
2008 (73 FR 58042).
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OAR–2005–0159. All
documents in the docket are listed on
the https://www.regulations.gov Web
Site. Although listed in the index, some
information is not publicly available,
e.g., confidential business information
or other information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically through https://
www.regulations.gov or in hard copy at
Air Docket, EPA/DC, EPA West, Room
3334, 1301 Constitution Ave., NW.,
Washington, DC. The Public Reading
Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding
legal holidays. The telephone number
for the Public Reading Room is (202)
566–1744.
FOR FURTHER INFORMATION CONTACT:
Thomas E. Link, Air Quality Planning
Division, Office of Air Quality Planning
and Standards, Mail Code C539–04,
Environmental Protection Agency,
Research Triangle Park, North Carolina
27711; telephone number: 919–541–
5456; fax number: 919–541–0824; e-mail
address: link.tom@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does This Action Apply to Me?
This action affects states and local air
quality agencies and may also affect
Tribal air quality agencies that have
implemented air quality monitoring
networks or have authority to
implement air quality programs.
II. Background Information
The EPA issued ‘‘The Treatment of
Data Influenced by Exceptional Events
(Exceptional Event Rule): Revised
Exceptional Event Data Flagging
Submittal and Documentation Schedule
E:\FR\FM\16DER1.SGM
16DER1
]]>Agencies
[Federal Register Volume 73, Number 242 (Tuesday, December 16, 2008)]
[Rules and Regulations]
[Pages 76217-76219]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-29733]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2008-0100]
RIN 1625-AA09
Drawbridge Operation Regulations; Wabash River; Activity
Identifier; Permanent Change to Operating Schedule
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard moves that the procedures for Operation of
Drawbridges across the Wabash River be revised to reflect the needs of
navigation. There were no comments or
[[Page 76218]]
related materials received from the public for the Notice of Final
Rulemaking docket number USCG-2008-0100 that preceded this Final Rule.
DATES: This rule is effective January 15, 2009.
ADDRESSES: Comments and related materials received from the public, as
well as documents mentioned in this preamble as being available in the
docket, are part of docket USCG-2008-0100 and are available online at
https://www.regulations.gov. This material is also available for
inspection or copying at two locations: The 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,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays, and the Eighth Coast Guard District, Bridge Branch, 1222
Spruce Street, Suite 2.107F, St. Louis, MO 63103-2832 between 8 a.m.
and 4 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this final
rule, call Mr. Roger Wiebusch, Bridge Administrator, (314) 269-2378. If
you have questions on viewing the docket, call Ms. Renee V. Wright,
Program Manager, Docket Operations, telephone 202-366-9826.
Regulatory Information
On May 5, 2008, we published a notice of proposed rulemaking (NPRM)
entitled ``Drawbridge Operation Regulation; Wabash River, IL; Permanent
Change to Operating Schedule'' in the Federal Register (Vol. 73, No.
87). We received no letters commenting on the proposed rule. No public
meeting was requested, and none was held.
Background and Purpose
The Wabash River is a 475 mile long river in the eastern United
States that flows generally southwest from Ohio, through Indiana, to
Kentucky. The System rises in the vicinity of St. Henry, Ohio and flows
across northern Indiana to Illinois where it forms the southern
Illinois-Indiana border before draining into the Ohio River. The Wabash
River flows into the Ohio River near Uniontown, Kentucky. The Wabash
River drawbridge operation regulations, contained in 33 CFR 117.397,
state that all drawbridges shall open on signal if given 72 hours
advance notice. The Coast Guard has determined that this regulation is
no longer necessary due to the lack of navigation on the river. This
action was coordinated with the local marine industry and no objections
or concerns were raised.
Discussion of Changes
The changes to 33 CFR 117.397 will reflect the current needs of
navigation on the Wabash River. The last request for opening of a
drawspan on the Wabash River was in 1991. The U.S. Army Corps of
Engineers does not maintain any project depth or navigable channel on
the river. Commercial use of the waterway is only possible during
periods of high water. During these periods ``snag and debris removal''
operations are carried out by small commercial vessels that can safely
pass beneath all closed drawspans on the waterway.
Regulatory Analyses
We developed this 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 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 rule to be so minimal that a
full Regulatory Evaluation is unnecessary.
The drawbridges of the Wabash River do not presently open for the
passage of vessels due to the lack of navigation on the river. The last
recorded opening of a Wabash River drawspan was in 1991. Consultation
with bridge owners indicated that currently no bridge on the Wabash
River has a bridge tender position assigned to it. Therefore, no jobs
will be lost, nor will any forms of commerce be disrupted by the rule.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this 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 rule
would not have a significant economic impact on a substantial number of
small entities. This rule is neutral to all business entities since it
only clarifies how the bridges are operated.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
Collection of Information
This rule calls 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 final 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 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 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 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 rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and
[[Page 76219]]
would not create an environmental risk to health or risk to safety that
might disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does 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 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 rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 5100.1 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 concluded
that there are no factors in this case that would limit the use of a
categorical exclusion under section 2.B.2 of the Instruction.
Therefore, this rule is categorically excluded, under figure 2-1,
paragraph (32)(e) of the Instruction, from further environmental
documentation.
Under figure 2-1, paragraph (32)(e), of the Instruction, an
environmental analysis checklist and a categorical exclusion
determination are not required for this rule.
List of Subjects in 33 CFR Part 117
Bridges.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
0
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.
0
2. Revise Sec. 117.397 to read as follows:
Sec. 117.397 Wabash River
The draws of the bridges across the Wabash River need not be opened
for the passage of vessels.
Dated: November 24, 2008.
Joel R. Whitehead,
RADM, USCG.
[FR Doc. E8-29733 Filed 12-15-08; 8:45 am]
BILLING CODE 4910-15-P
