Drawbridge Operation Regulation; Gulf Intracoastal Waterway, Bradenton Beach, FL, 63612-63613 [E9-28909]

Download as PDF 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 VerDate Nov<24>2008 17:09 Dec 03, 2009 Jkt 220001 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 PO 00000 Frm 00082 Fmt 4700 Sfmt 4700 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 E:\FR\FM\04DER1.SGM 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 http://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. VerDate Nov<24>2008 17:09 Dec 03, 2009 Jkt 220001 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 Frm 00083 Fmt 4700 Sfmt 4700 63613 OAR–2009–0793 by one of the following methods: 1. http://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 http:// 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 http:// www.regulations.gov or e-mail, information that you consider to be CBI or otherwise protected. The http:// 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 http:// 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 E:\FR\FM\04DER1.SGM 04DER1

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]


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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.

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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 http://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