Drawbridge Operation Regulation; Gulf Intracoastal Waterway, Bradenton Beach, FL, 63612-63613 [E9-28909]
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63612
Federal Register / Vol. 74, No. 232 / Friday, December 4, 2009 / Rules and Regulations
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 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.
jlentini on DSKJ8SOYB1PROD with RULES
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 023–01 and
Commandant Instruction M16475.lD,
which guides the Coast Guard in
complying with the National
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17:09 Dec 03, 2009
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Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded that this action is one
of a category of actions which do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(32)(e), of the Instruction.
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 § 117.847(b) to read as
follows:
■
§ 117.847
Ashtabula River
*
*
*
*
*
(b) The draw of the Norfolk Southern
Bridge, mile 1.5 at Ashtabula, is
remotely operated, is required to operate
a radiotelephone, and shall open on
signal from April 1 through November
30 from 7 a.m. to 11 p.m. At all other
times the draw shall open on signal if
at least 24 hours notice is given.
■ 3. Revise § 117.851(d) to read as
follows:
§ 117.851
Portage River.
revise paragraph (e)(3) to read as
follows:
§ 117.1093 Milwaukee, Menomonee, and
Kinnickinnic Rivers and South Menomonee
and Burnham Canals.
*
*
*
*
*
(c) * * *
(4) The following bridges are remotely
operated, are required to operate a
radiotelephone, and shall open as noted
in this section; St. Paul Avenue, mile
1.21, Clybourn Street, mile 1.28,
Highland Avenue, mile 1.97, and Knapp
Street, mile 2.14.
(d) * * *
(4) The following bridges are remotely
operated, are required to operate a
radiotelephone, and shall open as noted
in this section; North Plankinton
Avenue, mile 1.08, North Sixth Street,
mile 1.37, and North Emmber Lane,
mile 1.95, all over Menomonee River,
and South Sixth Street, mile 1.51 over
South Menomonee Canal.
(e) * * *
(3)(i)The draws of all other bridges
across the Kinnickkinnick River shall
open on signal; except that, from 7:30
a.m. to 8:30 a.m. and 4:30 p.m. to 5:30
p.m. Monday through Saturday except
Federal holidays, the draws need not be
opened and, from 11 p.m. to 7 a.m., the
draws hall open on signal if at least two
hours notice is given.
(ii) The South First Street Bridge, mile
1.78, is remotely operated, is required to
operate a radiotelephone, and shall
open as noted in this section.
*
*
*
*
*
Dated: November, 9, 2009.
Peter V. Neffenger,
Rear Admiral, U.S. Coast Guard,Commander,
Ninth Coast Guard District.
[FR Doc. E9–28908 Filed 12–3–09; 8:45 am]
*
*
*
*
(d) The draw of the Norfolk Southern
Bridge, Mile 1.5 at Port Clinton, is
remotely operated, is required to operate
a radio telephone, and shall open on
signal. However, from December 1
through April 30, the draw shall open
on signal if at least 24 hours notice is
given.
■ 4. Revise § 117.853 to read as follows:
BILLING CODE 9110–04–P
§ 117.853
Drawbridge Operation Regulation; Gulf
Intracoastal Waterway, Bradenton
Beach, FL
*
Sandusky Bay
The draw of the Norfolk Southern
Bridge, Mile 3.5 at Sandusky, is
remotely operated, is required to operate
a radiotelephone, and shall open on
signal from April 1 through October 31
and from November 1 through
November 30 from 8 a.m. to 4 p.m. At
all other times, the draw shall open on
signal if at least 24 hours notice is given.
■ 5. Amend § 117.1093 to add
paragraphs (c)(4) and (d)(4), and to
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2009–0829]
Coast Guard, DHS.
Notice of temporary deviation
from regulations.
AGENCY:
ACTION:
SUMMARY: The Commander, Seventh
Coast Guard District, has issued a
temporary deviation from the regulation
governing the operation of the Cortez
bridge across the Gulf Intracoastal
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04DER1
jlentini on DSKJ8SOYB1PROD with RULES
Federal Register / Vol. 74, No. 232 / Friday, December 4, 2009 / Rules and Regulations
Waterway, mile 87.4, at Bradenton
Beach, FL. The deviation is necessary to
facilitate repairs of the bascule leaves of
the bridge. This deviation allows the
bridge to conduct single-leaf operations
while repairs are conducted. A two hour
notice for double leaf operations will be
required.
DATES: This deviation is effective from
7 a.m. on September 14, 2009 through
7 p.m. on December 31, 2009.
ADDRESSES: Documents mentioned in
this preamble as being available in the
docket are part of docket USCG–2009–
0829 and are available online by going
to https://www.regulations.gov, inserting
USCG–2009–0829 in the ‘‘Keyword’’
box and then clicking ‘‘Search’’. They
are also available for inspection or
copying at 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.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
e-mail Mr. Michael Lieberum, Bridge
Branch, Seventh Coast Guard District;
telephone 305–415–6744, e-mail
michael.b.lieberum@uscg.mil. If you
have questions on viewing the docket,
call Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION: Worth
Contracting on behalf of Florida
Department of Transportation, has
requested a deviation to the regulations
of the Cortez bridge across the Gulf
Intracoastal Waterway as required by 33
CFR 117.287(d)(1) Cortez (SR 684)
Bridge, mile 87.4. The draw shall open
on signal, except that from 6 a.m. to 7
p.m., the draw need only open on the
hour, 20 minutes after the hour, and 40
minutes after the hour. From January 15
to May 15, from 6 a.m. to 7 p.m., the
draw need only open on the hour and
half-hour. To facilitate the repair of the
bascule leaves, one leaf will be allowed
to remain in the closed position upon
signal from a vessel, except with a three
hour notification to the bridge tender for
a double-leaf opening. This deviation
effectively reduces the horizontal
clearance of 90 feet by half for vessels
requiring an opening. Vessels not
requiring an opening may pass at
anytime. This action will affect a
limited number of vessels as the ability
to use the full 90 foot horizontal
clearance is available with a two hour
notification. This action is necessary to
allow Worth Contracting to conduct
necessary repairs to the bascule leaves
safely and efficiently.
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17:09 Dec 03, 2009
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In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the designated time period. This
deviation from the operating regulations
is authorized under 33 CFR 117.35.
Dated: November 6, 2009.
Scott A. Buschman,
Captain, U.S. Coast Guard, Acting
Commander, Seventh Coast Guard District.
[FR Doc. E9–28909 Filed 12–3–09; 8:45 am]
BILLING CODE 4910–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 63
[EPA–RO4–OAR–2009–0793; FRL–9089–2]
Approval of Section 112(l) Authority for
Hazardous Air Pollutants; Equivalency
by Permit Provisions; National
Emission Standards for Hazardous Air
Pollutants; Plywood and Composite
Wood Products
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
SUMMARY: On August 26, 2003, the EPA
published in the Federal Register a
direct final rule to approve the North
Carolina Department of Environment
and Natural Resource’s (NC DENR)
equivalency by permit program,
pursuant to section 112(l) of the Clean
Air Act, to implement and enforce State
permit terms and conditions that
substitute for the National Emissions
Standards for Hazardous Air Pollutants
from the pulp and paper industry for the
International Paper Riegelwood mill in
Riegelwood, North Carolina. Then, on
April 12, 2004, the EPA published in
the Federal Register a direct final rule
to amend the August 26, 2003, direct
final rule in order to extend its coverage
to include an additional four mills in
North Carolina. This action is taken to
once again amend the August 26, 2003,
direct final rule in order to expand the
NC DENR equivalency by permit
program coverage to include all 32
sources in North Carolina subject to the
plywood and composite wood products
rule.
DATES: This direct final rule is effective
February 2, 2010 without further notice,
unless EPA receives adverse comment
by January 4, 2010. If adverse comment
is received, EPA will publish a timely
withdrawal of the direct final rule in the
Federal Register and inform the public
that the rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–RO4–
PO 00000
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63613
OAR–2009–0793 by one of the following
methods:
1. https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
2. E-mail: page.lee@epa.gov.
3. Fax: 404–562–9095.
4. Mail: ‘‘EPA–R04–OAR–2009–
0793’’, Air Toxics Assessment and
Implementation Section, Air Toxics and
Monitoring Branch, Air Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960.
5. Hand Delivery or Courier: Lee Page,
Air Toxics and Monitoring Branch, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960. Such
deliveries are only accepted during the
Regional Office’s normal hours of
operation. The Regional Office’s official
hours of business are Monday through
Friday, 8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
Instructions: Direct your comments to
Docket ID No. EPA–RO4–OAR–2009–
0793. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit through https://
www.regulations.gov or e-mail,
information that you consider to be CBI
or otherwise protected. The https://
www.regulations.gov Web site is an
‘‘anonymous access’’ systems, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through https://
www.regulations.gov, your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses. For additional information
about EPA’s public docket visit the EPA
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Agencies
[Federal Register Volume 74, Number 232 (Friday, December 4, 2009)]
[Rules and Regulations]
[Pages 63612-63613]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-28909]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2009-0829]
Drawbridge Operation Regulation; Gulf Intracoastal Waterway,
Bradenton Beach, FL
AGENCY: Coast Guard, DHS.
ACTION: Notice of temporary deviation from regulations.
-----------------------------------------------------------------------
SUMMARY: The Commander, Seventh Coast Guard District, has issued a
temporary deviation from the regulation governing the operation of the
Cortez bridge across the Gulf Intracoastal
[[Page 63613]]
Waterway, mile 87.4, at Bradenton Beach, FL. The deviation is necessary
to facilitate repairs of the bascule leaves of the bridge. This
deviation allows the bridge to conduct single-leaf operations while
repairs are conducted. A two hour notice for double leaf operations
will be required.
DATES: This deviation is effective from 7 a.m. on September 14, 2009
through 7 p.m. on December 31, 2009.
ADDRESSES: Documents mentioned in this preamble as being available in
the docket are part of docket USCG-2009-0829 and are available online
by going to https://www.regulations.gov, inserting USCG-2009-0829 in the
``Keyword'' box and then clicking ``Search''. They are also available
for inspection or copying at 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.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or e-mail Mr. Michael Lieberum, Bridge Branch, Seventh Coast Guard
District; telephone 305-415-6744, e-mail michael.b.lieberum@uscg.mil.
If you have questions on viewing the docket, call Renee V. Wright,
Program Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION: Worth Contracting on behalf of Florida
Department of Transportation, has requested a deviation to the
regulations of the Cortez bridge across the Gulf Intracoastal Waterway
as required by 33 CFR 117.287(d)(1) Cortez (SR 684) Bridge, mile 87.4.
The draw shall open on signal, except that from 6 a.m. to 7 p.m., the
draw need only open on the hour, 20 minutes after the hour, and 40
minutes after the hour. From January 15 to May 15, from 6 a.m. to 7
p.m., the draw need only open on the hour and half-hour. To facilitate
the repair of the bascule leaves, one leaf will be allowed to remain in
the closed position upon signal from a vessel, except with a three hour
notification to the bridge tender for a double-leaf opening. This
deviation effectively reduces the horizontal clearance of 90 feet by
half for vessels requiring an opening. Vessels not requiring an opening
may pass at anytime. This action will affect a limited number of
vessels as the ability to use the full 90 foot horizontal clearance is
available with a two hour notification. This action is necessary to
allow Worth Contracting to conduct necessary repairs to the bascule
leaves safely and efficiently.
In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the designated
time period. This deviation from the operating regulations is
authorized under 33 CFR 117.35.
Dated: November 6, 2009.
Scott A. Buschman,
Captain, U.S. Coast Guard, Acting Commander, Seventh Coast Guard
District.
[FR Doc. E9-28909 Filed 12-3-09; 8:45 am]
BILLING CODE 4910-15-P