Drawbridge Operation Regulation; Inner Harbor Navigational Canal, New Orleans, LA, 69027-69028 [E9-30931]
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Federal Register / Vol. 74, No. 249 / Wednesday, December 30, 2009 / Rules and Regulations
dates, to avoid the potentially
unnecessary and burdensome reporting
costs that would otherwise be triggered
for many Form T–1 reporting unions on
January 1, 2010, the Department leaves
in place, for 2010, the recordkeeping
responsibilities imposed by the 2008
rule.
Finally, four commenters claimed that
the Department did not provide for an
adequate comment period. A public
policy group and a trade association
made requests for an extension of the
period and two individual commenters
opposing changes to the Form T–1
requirements addressed the issue
generally, while also commenting on
other matters. The public policy group
asked for a minimum extension of 140
days and asserted that the Department
took almost a decade to develop the
Form T–1, with great effort by
personnel, and that a comment period of
only ten days on extending ‘‘the
effective date’’ of the rule is not
sufficient for those union members who
would gain from the disclosure
provided by the Form T–1. The
commenter stated that the Department
has granted much longer comment
periods for notices contemplating
‘‘regulatory changes to the annual
financial reports.’’ In particular, the
comment cited the 90-day extension
granted during the recent Form LM–30
rulemaking, after a request from two
unions, for a total of 150 days. Further,
the comment suggested that the
Department has not adequately justified
the length of its comment period,
particularly in light of Executive Order
(E.O.) 12866, sec. 6(a)(1), and the
multiple regulatory actions currently
being undertaken by the
Administration.
The trade association requested an 80day extension, arguing that the ten-day
period does not provide sufficient time
for stakeholders to submit a meaningful
response. The comment also addressed
past extensions that the Department has
granted, particularly concerning
‘‘changes to the substance or filing
instructions of labor organization
financial reporting regulations,’’ such as
the 90-day extension granted during the
Form LM–30 rulemaking mentioned by
the public policy group, after two
stakeholder requests. The trade
association also cited E.O. 12866, sec.
6(a)(1), which states, in part, that ‘‘in
most cases’’ an agency should include a
comment period of not less than 60
days.
The Department finds that the
commenters have not established
grounds to extend the comment period.
The Department reiterates that it sought
comments on a proposal to extend the
VerDate Nov<24>2008
15:16 Dec 29, 2009
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Form T–1 filing due dates for one year,
not to rescind the Form T–1 rule or
otherwise make regulatory changes to
the form, such as was the case with the
regulations referenced in the requests
for an extended comment period. The
Department will provide a lengthier
comment period concerning any future
proposal to rescind the Form T–1. The
Department believes that the ten-day
comment period was sufficient for the
narrow purpose of reviewing the
proposal to extend the filing due dates,
as the large number of comments
demonstrates. Further, there is urgency
in providing for this extension, because
the first reports to be filed under the
Form T–1 rule would be due on or after
January 1, 2010, and the Department
anticipates publication as early as
January 2010 of a proposal to withdraw
the Form T–1 rule. As such, there is
sufficient reason that the Department
determined that a longer comment
period was not feasible in this case.
For the reasons stated above and in
light of the Department’s intention to
propose the withdrawal of the Form T–
1 rule as early as January 2010, the
Department has decided to extend for
one year the filing due dates of Form T–
1 reports that otherwise must be filed
during calendar year 2010. In particular,
the Department acknowledges the
evidence and experience described in
those comments regarding the costs and
burdens associated with implementing
new reporting requirements,
particularly those created by the unique
nature of the Form T–1, which
mandates that trusts provide unions
with information about the former’s
transactions. The Department notes
comments suggesting that enforcement
of the filing due dates in 2010 could
lead to conflict between the unions and
the trusts. Such conflict, as well as the
up front reporting costs and burdens,
may be avoided by extending the
calendar year 2010 filing due dates for
one year, pending the outcome of a
proposal to rescind the 2008 Form T–1
rule. The Department believes that a
one-year extension of the Form T–1
filing due dates is justified by a
significant decrease in potentially
unnecessary reporting burden,
including up front costs.
Andrew Auerbach,
Deputy Director, Office of Labor-Management
Standards.
[FR Doc. E9–30942 Filed 12–29–09; 8:45 am]
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69027
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2009–1053]
Drawbridge Operation Regulation;
Inner Harbor Navigational Canal, New
Orleans, LA
Coast Guard, DHS.
Notice of temporary deviation
from regulations.
AGENCY:
ACTION:
SUMMARY: The Commander, Eighth
Coast Guard District, has issued a
temporary deviation from the regulation
governing the operation of the Danziger
lift span bridge across the Inner Harbor
Navigational Canal, mile 3.1, at New
Orleans, LA. The deviation is necessary
to remove and install the roller guide
assemblies on the bridge. This deviation
allows the bridge to remain closed at
two different points of time during the
bridge repairs project.
DATES: This deviation is effective from
7 a.m. on January 16, 2010 through 7
p.m. on January 30, 2010.
ADDRESSES: Documents mentioned in
this preamble as being available in the
docket are part of docket USCG–2009–
1053 and are available online by going
to https://www.regulations.gov, inserting
USCG–2009–1053 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 Lindsey Middleton, Bridge
Administration Branch; telephone 504–
671–2128, e-mail
Lindsey.R.Middleton@uscg.mil. If you
have questions on viewing the docket,
call Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION: The
Coastal Bridge Company, contracted by
Louisiana Department of Transportation
and Development, has requested a
bridge closure for the Danziger Lift Span
Bridge on Route US 90 crossing the
Inner Harbor Navigational Canal, mile
3.1, in New Orleans, LA. The vertical
clearance of the bridge in the closed-tonavigation position is 50 feet above
mean high water and 55 feet above
mean low water. Currently, according to
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69028
Federal Register / Vol. 74, No. 249 / Wednesday, December 30, 2009 / Rules and Regulations
erowe on DSK5CLS3C1PROD with RULES
33 CFR 117.458(b), the draw of the US
90 (Danziger) bridge, mile 3.1, shall
open on signal; except that, from 8 p.m.
to 7 a.m. the draw shall open on signal
if at least four hours notice is given, and
the draw need not be opened from 7
a.m. to 8:30 a.m. and 5 p.m. to 6:30 p.m.
Monday through Friday. This deviation
allows the draw span of the bridge to
remain closed-to-navigation for 12
consecutive hours between 7 a.m. and
7 p.m. on intermittent days from
January 16, 2009 through January 30,
2009. Uncontrollable variables such as
inclement weather make it difficult to
predict the exact dates that work can be
conducted. Thus, the exact dates for the
closures cannot be firmly scheduled.
Notices will be published in the Eighth
Coast Guard District Local Notice to
Mariners and will be broadcast via the
Coast Guard Broadcast Notice to
Mariners System as soon as information
pertaining to the exact closure dates
becomes available. During the deviation
period seven new aerial cables between
the two bridge towers will be installed,
the wiring for the roadway and
navigation lighting will be replaced, and
the guide rollers and span locks will be
replaced. The closure periods are
necessary for the guide rollers and span
locks to be replaced. During the nonclosure times of the deviation period the
bridge will remain in the open position
for vessel traffic. Navigation on the
waterway consists mainly of tugs with
tows. As a result of coordination
between the Coast Guard and the
waterway users, it has been determined
that this closure will not have a
significant effect on these vessels. The
Coast Guard will inform these users
through the Local Notice to Mariners.
Vessels will be allowed to pass
underneath the bridge in the closed-tonavigation position. There are alternate
routes available to vessel traffic. The
bridge will not be able to open for
emergencies.
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: December 14, 2009.
David M. Frank,
Bridge Administrator.
[FR Doc. E9–30931 Filed 12–29–09; 8:45 am]
BILLING CODE 9110–04–P
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2009–1059]
Drawbridge Operation Regulation;
Sacramento River, Knights Landing,
CA
Coast Guard, DHS.
Notice of temporary deviation
from regulations.
AGENCY:
ACTION:
SUMMARY: The Commander, Eleventh
Coast Guard District, has issued a
temporary deviation from the regulation
governing the operation of the Knights
Landing Drawbridge across the
Sacramento River, mile 90.1, at Knights
Landing, CA. The deviation is necessary
to allow the bridge owner, California
Department of Transportation, to paint
portions of the drawbridge. This
deviation allows the bridge owner to
operate the double leaf bascule bridge in
single leaf mode during the deviation
period.
DATES: This deviation is effective from
7 a.m. on December 30, 2009 to 7 a.m.
on February 6, 2010.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2009–
1059 and are available online by going
to https://www.regulations.gov, selecting
the Advanced Docket Search option on
the right side of the screen, inserting
USCG–2009–1059 in the Docket ID box,
pressing Enter, and then clicking on the
item in the Docket ID column. This
material is 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 David H. Sulouff, Chief, Bridge
Section, Eleventh Coast Guard District,
telephone (510) 437–3516, e-mail
David.H.Sulouff@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION: California
Department of Transportation requested
a temporary change to the operation of
the Knights Landing Drawbridge, mile
90.1, Sacramento River, at Knights
Landing, CA. The draw opens on signal
if at least 12 hours notice is given as
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required by 33 CFR 117.189(b). This
deviation allows the bridge owner to
operate the double leaf bascule bridge in
single leaf mode while securing one leaf
of the drawspan in the closed-tonavigation position from 7 a.m. on
December 11, 2009 to 7 a.m. on
February 6, 2010.
The Knights Landing Drawbridge
provides 3 feet vertical clearance above
the 100 year floodplain when closed
and unlimited vertical clearance in the
open-to-navigation position. The
drawbridge provides 199 feet horizontal
clearance between bridge piers. The
horizontal clearance provided by the
drawbridge during single leaf operation
is reduced by approximately 100 feet
between the tip of the closed bascule
and the opposite pier face. The vertical
clearance will be unaffected.
No alternative routes are available for
navigation. This temporary deviation
has been coordinated with all known
waterway users. No objections were
received concerning the temporary
deviation.
Vessels that can safely transit the
bridge, while in the closed-to-navigation
position, may continue to do so at any
time.
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: December 14, 2009.
J.R. Castillo,
Rear Admiral, U.S. Coast Guard, Commander,
Eleventh Coast Guard District.
[FR Doc. E9–30918 Filed 12–29–09; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 261
[EPA–R05–RCRA–2009–0908; SW–FRL–
9096–7]
Hazardous Waste Management
System; Exclusion for Identifying and
Listing Hazardous Waste
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
SUMMARY: The EPA (also, ‘‘the Agency’’
or ‘‘we’’ in this preamble) is taking
direct final action to grant a petition
submitted by Professional Plating, Inc.
(PPI), in Brillion, Wisconsin to exclude
(or ‘‘delist’’) up to 140 cubic yards of
sludge per year generated by its
wastewater treatment plant from the list
of hazardous wastes.
E:\FR\FM\30DER1.SGM
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Agencies
[Federal Register Volume 74, Number 249 (Wednesday, December 30, 2009)]
[Rules and Regulations]
[Pages 69027-69028]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-30931]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2009-1053]
Drawbridge Operation Regulation; Inner Harbor Navigational Canal,
New Orleans, LA
AGENCY: Coast Guard, DHS.
ACTION: Notice of temporary deviation from regulations.
-----------------------------------------------------------------------
SUMMARY: The Commander, Eighth Coast Guard District, has issued a
temporary deviation from the regulation governing the operation of the
Danziger lift span bridge across the Inner Harbor Navigational Canal,
mile 3.1, at New Orleans, LA. The deviation is necessary to remove and
install the roller guide assemblies on the bridge. This deviation
allows the bridge to remain closed at two different points of time
during the bridge repairs project.
DATES: This deviation is effective from 7 a.m. on January 16, 2010
through 7 p.m. on January 30, 2010.
ADDRESSES: Documents mentioned in this preamble as being available in
the docket are part of docket USCG-2009-1053 and are available online
by going to https://www.regulations.gov, inserting USCG-2009-1053 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 Lindsey Middleton, Bridge Administration Branch;
telephone 504-671-2128, e-mail Lindsey.R.Middleton@uscg.mil. If you
have questions on viewing the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION: The Coastal Bridge Company, contracted by
Louisiana Department of Transportation and Development, has requested a
bridge closure for the Danziger Lift Span Bridge on Route US 90
crossing the Inner Harbor Navigational Canal, mile 3.1, in New Orleans,
LA. The vertical clearance of the bridge in the closed-to-navigation
position is 50 feet above mean high water and 55 feet above mean low
water. Currently, according to
[[Page 69028]]
33 CFR 117.458(b), the draw of the US 90 (Danziger) bridge, mile 3.1,
shall open on signal; except that, from 8 p.m. to 7 a.m. the draw shall
open on signal if at least four hours notice is given, and the draw
need not be opened from 7 a.m. to 8:30 a.m. and 5 p.m. to 6:30 p.m.
Monday through Friday. This deviation allows the draw span of the
bridge to remain closed-to-navigation for 12 consecutive hours between
7 a.m. and 7 p.m. on intermittent days from January 16, 2009 through
January 30, 2009. Uncontrollable variables such as inclement weather
make it difficult to predict the exact dates that work can be
conducted. Thus, the exact dates for the closures cannot be firmly
scheduled. Notices will be published in the Eighth Coast Guard District
Local Notice to Mariners and will be broadcast via the Coast Guard
Broadcast Notice to Mariners System as soon as information pertaining
to the exact closure dates becomes available. During the deviation
period seven new aerial cables between the two bridge towers will be
installed, the wiring for the roadway and navigation lighting will be
replaced, and the guide rollers and span locks will be replaced. The
closure periods are necessary for the guide rollers and span locks to
be replaced. During the non-closure times of the deviation period the
bridge will remain in the open position for vessel traffic. Navigation
on the waterway consists mainly of tugs with tows. As a result of
coordination between the Coast Guard and the waterway users, it has
been determined that this closure will not have a significant effect on
these vessels. The Coast Guard will inform these users through the
Local Notice to Mariners. Vessels will be allowed to pass underneath
the bridge in the closed-to-navigation position. There are alternate
routes available to vessel traffic. The bridge will not be able to open
for emergencies.
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: December 14, 2009.
David M. Frank,
Bridge Administrator.
[FR Doc. E9-30931 Filed 12-29-09; 8:45 am]
BILLING CODE 9110-04-P