Drawbridge Operation Regulation; Bullards Ferry Bridge, Coquille River, Bandon, OR, 12686-12688 [2010-5761]
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12686
Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations
under 29 CFR part 1911 except for the
arsenic (organic compounds), benzene,
cotton dust, and chromium (VI) listings.
Section 1910.1001 also issued under
section 107 of the Contract Work Hours and
Safety Standards Act (40 U.S.C. 3704) and 5
U.S.C. 553.
Section 1910.1002 also issued under 5
U.S.C. 553, but not under 29 U.S.C. 655 or
29 CFR part 1911.
Sections 1910.1018, 1910.1029, and
1910.1200 also issued under 29 U.S.C. 653.
Section 1910.1030 also issued under Public
Law 106–430, 114 Stat. 1901.
3. Section 1910.1026 is amended by
revising paragraph (d)(4)(i), to read as
follows:
■
§ 1910.1026
Chromium (VI)
*
*
*
*
*
(d) * * *
(4) * * *
(i) Within 15 work days after making
an exposure determination in
accordance with paragraph (d)(2) or
paragraph (d)(3) of this section, the
employer shall individually notify each
affected employee in writing of the
results of that determination or post the
results in an appropriate location
accessible to all affected employees.
*
*
*
*
*
PART 1915—OCCUPATIONAL SAFETY
AND HEALTH STANDARDS FOR
SHIPYARD EMPLOYMENT [AMENDED]
Subpart A—General Provisions
4. The authority citation for part 1915
will continue to read as follows:
■
Authority: Section 41, Longshore and
Harbor Workers’ Compensation Act (33
U.S.C. 941); Sections 4, 6, and 8 of the
Occupational Safety and Health Act of 1970
(29 U.S.C. 653, 655, 657); Secretary of Labor’s
Order No. 12–71 (36 FR 8754), 8–76 (41 FR
25059), 9–83 (48 FR 35736), 1–90 (55 FR
9033), 6–96 (62 FR 111), 3–2000 (65 FR
50017), 5–2002 (67 FR 65008), or 5–2007 (72
FR 31160) as applicable; 29 CFR Part 1911.
Subpart Z—Toxic and Hazardous
Substances
Chromium (VI)
wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
*
*
*
*
*
(d) * * *
(4) * * *
(i) Within 5 work days after making
an exposure determination in
accordance with paragraph (d)(2) or
paragraph (d)(3) of this section, the
employer shall individually notify each
affected employee in writing of the
results of that determination or post the
VerDate Nov<24>2008
14:47 Mar 16, 2010
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Coast Guard
33 CFR Part 117
Subpart A—General
RIN 1625–AA09
6. The authority citation for subpart A
of part 1926 is revised to read as
follows:
■
Authority: Section 3704 of the Contract
Work Hours and Safety Standards Act (40
U.S.C. 3701 et seq.); sections 4, 6, and 8 of
the Occupational Safety and Health Act of
1970 (29 U.S.C. 653, 655, and 657); Secretary
of Labor’s Order No. 12–71 (36 FR 8754), 8–
76 (41 FR 25059), 9–83 (48 FR 35736), 1–90
(55 FR 9033), 6–96 (62 FR 111), 3–2000 (65
FR 50017), 5–2002 (67 FR 65008), or 5–2007
(72 FR 31160) as applicable; and 29 CFR part
1911.
Subpart Z—Toxic and Hazardous
Substances
7. The authority citation for subpart Z
of part 1926 is revised to read as
follows:
■
Authority: Section 3704 of the Contract
Work Hours and Safety Standards Act (40
U.S.C. 3701 et seq.); Sections 4, 6, and 8 of
the Occupational Safety and Health Act of
1970 (29 U.S.C. 653, 655, 657); Secretary of
Labor’s Orders 12–71 (36 FR 8754), 8–76 (41
FR 25059), 9–83 (48 FR 35736), 1–90 (55 FR
9033), 6–96 (62 FR 111), 3–2000 (62 FR
50017), 5–2002 (67 FR 65008), or 5–2007 (72
FR 31160) as applicable; and 29 CFR part 11.
Section 1926.1102 of 29 CFR Not Issued
Under 29 U.S.C. 655 or 29 CFR Part
1911; Also Issued Under 5 U.S.C. 553
8. Section1926.1126, is amended by
revising paragraph (d)(4)(i), to read as
follows:
■
Chromium (VI)
*
5. Section 1915.1026, is amended by
revising paragraph (d)(4)(i), to read as
follows:
DEPARTMENT OF HOMELAND
SECURITY
PART 1926—SAFETY AND HEALTH
REGULATIONS FOR CONSTRUCTION
[AMENDED]
§ 1926.1126
■
§ 1915.1026
results in an appropriate location
accessible to all affected employees.
*
*
*
*
*
*
*
*
*
(d) * * *
(4) * * *
(i) Within 5 work days after making
an exposure determination in
accordance with paragraph (d)(2) or
paragraph (d)(3) of this section, the
employer shall individually notify each
affected employee in writing of the
results of that determination or post the
results in an appropriate location
accessible to all affected employees.
*
*
*
*
*
[FR Doc. 2010–5734 Filed 3–16–10; 8:45 am]
BILLING CODE 4510–26–P
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[Docket No. USCG–2009–0839]
Drawbridge Operation Regulation;
Bullards Ferry Bridge, Coquille River,
Bandon, OR
Coast Guard, DHS.
Temporary rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
temporarily changing the drawbridge
operation regulation for the U.S.
Highway 101 Bullards Ferry Bridge that
crosses over the Coquille River at mile
3.5 near Bandon, Oregon so that the
vertical lift span will not need to open
for ten months while the bridge is being
painted. The rule is necessary to ensure
that the painting operation will not be
disrupted by bridge openings. The
bridge has not had to be opened for a
vessel in seven years.
DATES: This temporary final rule is
effective from May 1, 2010 until on
March 1, 2011.
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–2009–
0839 and are available online by going
to https://www.regulations.gov, inserting
USCG–2009–0839 in the ‘‘Keyword’’
box, and then clicking ‘‘Search.’’ 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 temporary
rule, call or email Austin Pratt, Chief,
Bridge Section, Waterways Management
Branch, Thirteenth Coast Guard District;
telephone 206–220–7282, e-mail
william.a.pratt@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On December 10, 2009, we published
a notice of proposed rulemaking
(NPRM) entitled Drawbridge Operation
Regulation; Bullards Ferry Bridge,
Bandon, OR, in the Federal Register (74
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Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations
FR 65497). We received no comments
on the proposed rule. No public meeting
was requested, and none was held.
Background and Purpose
The temporary rule enables the
Oregon Department of Transportation to
install debris containment on the U.S.
Highway 101 Bullards Ferry Bridge that
crosses over the Coquille River at mile
3.5 near Bandon, Oregon, including the
vertical lift towers, while it is being
painted. By keeping the drawspan
closed, no part of this containment
system would need to be dismantled
during the painting operation. This
would also affect the design of the
containment.
Normally, the Coast Guard does not
authorize closures of this duration.
However, the vertical lift span of this
bridge has not been requested to open
for a vessel in more than seven years.
The recreational boating traffic that
plies the Coquille River is able to pass
under the lift span in its closed position.
The span provides approximately 28
feet of clearance at high water and 35
feet at low. When open the draw span
can provide more than 45 additional
feet of clearance.
The operating regulations currently in
effect for the bridge are found at 33 CFR
117.875. The regulation requires that at
least two hours notice be given for all
openings.
Discussion of Comments and Changes
No comments on this temporary rule
were received and no changes were
made to the rule as proposed in the
NPRM.
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 excutive
orders.
wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
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. The Coast Guard has made this
finding based on the fact that the rule
will have no known impact on the
maritime public.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule would have a
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14:47 Mar 16, 2010
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12687
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 proposed rule
would not have a significant economic
impact on a substantial number of small
entities because it will have no known
impact on any vessel traffic.
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.
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
could better evaluate its effects on them
and participate in the rulemaking
process.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call
1–888–REG–FAIR (1–888–734–3247).
The Coast Guard will not retaliate
against small entities that question or
complain about this rule or any policy
or action of the Coast Guard.
Civil Justice Reform
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.).
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.
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
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 would 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
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 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
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
Information and Regulatory Affairs has
not designated this as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
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The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
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12688
Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations
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
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:
■
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Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
Department of Homeland Security Delegation
No. 0170.1.
2. From May 1, 2010 to March 1, 2011,
temporarily suspend § 117.875 and
temporarily add § 117.876T to read as
follows:
■
Coquille River.
The draws of the U.S. 101 highway
bridge, mile 3.5 at Bandon, Oregon,
need not open for the passage of vessels
from May 1, 2010 to March 1, 2011.
VerDate Nov<24>2008
[FR Doc. 2010–5761 Filed 3–16–10; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[USCG–2010–0084]
Drawbridge Operation Regulations;
Long Island, New York Inland
Waterway from East Rockaway Inlet to
Shinnecock Canal, NY, Maintenance
Coast Guard, DHS.
Notice of temporary deviation
from regulations.
AGENCY:
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
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.
§ 117.876T
Dated: March 2, 2010.
G.T. Blore,
Rear Admiral, U.S. Coast Guard, Commander,
Thirteenth Coast Guard District.
14:47 Mar 16, 2010
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ACTION:
SUMMARY: The Commander, First Coast
Guard District, has issued a temporary
deviation from the regulation governing
the operation of the Wreck Lead
Railroad Bridge across Reynolds
Channel, mile 4.4, New York. This
deviation allows the bridge to remain in
the closed position for six hours to
facilitate bridge maintenance. Vessels
that can pass under the draw without a
bridge opening may do so at all times.
DATES: This deviation is effective from
9 a.m. through 3 p.m. on March 20,
2010.
ADDRESSES: Documents mentioned in
this preamble as being available in the
docket are part of docket USCG–2010–
0084 and are available online at
https://www.regulations.gov. 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
Judy Leung-Yee, Project Officer, First
Coast Guard District, at (212) 668–7165.
If you have questions on viewing the
docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone
202–366–9826.
SUPPLEMENTARY INFORMATION: The
Wreck Lead Railroad Bridge across
Reynolds Channel at mile 4.4, New
York, has a vertical clearance in the
closed position of 3 feet at mean high
water and 7 feet at mean low water. The
bridge opens on signal as required by 33
CFR 117.799.
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The bridge owner, the Long Island
Rail Road (MTA), requested a temporary
deviation to replace the motor locks at
the bridge. The bridge can not open
during the installation of the motor
locks.
Under this deviation the Wreck Lead
Railroad Bridge may remain closed from
9 a.m. through 3 p.m. on March 20,
2010. Vessels able to pass under the
closed draw may do so at all times.
The waterway is used by recreational
and commercial vessels. All known
waterway users were advised of the
requested bridge closure period and
offered no objection. In accordance with
33 CFR 117.35(e), the bridge 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: March 2, 2010.
Gary Kassof,
Bridge Program Manager, First Coast Guard
District.
[FR Doc. 2010–5762 Filed 3–16–10; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2010–0120]
RIN 1625–AA00
Safety Zone; Gallants Channel,
Beaufort, NC
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a temporary safety zone on
the waters of Gallants Channel at
Beaufort, North Carolina. The safety
zone is necessary to provide for the
safety of mariners on navigable waters
during maintenance to the Grayden Paul
Draw Bridge.
DATES: Effective Date: This rule is
effective in the CFR from March 17,
2010 through 12 p.m. April 30, 2010.
This rule is effective with actual notice
for purposes of enforcement beginning 6
a.m. March 1, 2010, through 12 p.m.
April 30, 2010.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2010–
0120 and are available online by going
to https://www.regulations.gov, inserting
USCG–2010–0120 in the ‘‘Keyword’’
box, and then clicking ‘‘Search.’’ They
are also available for inspection or
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]]>Agencies
[Federal Register Volume 75, Number 51 (Wednesday, March 17, 2010)]
[Rules and Regulations]
[Pages 12686-12688]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-5761]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2009-0839]
RIN 1625-AA09
Drawbridge Operation Regulation; Bullards Ferry Bridge, Coquille
River, Bandon, OR
AGENCY: Coast Guard, DHS.
ACTION: Temporary rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is temporarily changing the drawbridge
operation regulation for the U.S. Highway 101 Bullards Ferry Bridge
that crosses over the Coquille River at mile 3.5 near Bandon, Oregon so
that the vertical lift span will not need to open for ten months while
the bridge is being painted. The rule is necessary to ensure that the
painting operation will not be disrupted by bridge openings. The bridge
has not had to be opened for a vessel in seven years.
DATES: This temporary final rule is effective from May 1, 2010 until on
March 1, 2011.
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-2009-0839 and are available online by
going to https://www.regulations.gov, inserting USCG-2009-0839 in the
``Keyword'' box, and then clicking ``Search.'' 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
temporary rule, call or email Austin Pratt, Chief, Bridge Section,
Waterways Management Branch, Thirteenth Coast Guard District; telephone
206-220-7282, e-mail william.a.pratt@uscg.mil. If you have questions on
viewing the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On December 10, 2009, we published a notice of proposed rulemaking
(NPRM) entitled Drawbridge Operation Regulation; Bullards Ferry Bridge,
Bandon, OR, in the Federal Register (74
[[Page 12687]]
FR 65497). We received no comments on the proposed rule. No public
meeting was requested, and none was held.
Background and Purpose
The temporary rule enables the Oregon Department of Transportation
to install debris containment on the U.S. Highway 101 Bullards Ferry
Bridge that crosses over the Coquille River at mile 3.5 near Bandon,
Oregon, including the vertical lift towers, while it is being painted.
By keeping the drawspan closed, no part of this containment system
would need to be dismantled during the painting operation. This would
also affect the design of the containment.
Normally, the Coast Guard does not authorize closures of this
duration. However, the vertical lift span of this bridge has not been
requested to open for a vessel in more than seven years. The
recreational boating traffic that plies the Coquille River is able to
pass under the lift span in its closed position. The span provides
approximately 28 feet of clearance at high water and 35 feet at low.
When open the draw span can provide more than 45 additional feet of
clearance.
The operating regulations currently in effect for the bridge are
found at 33 CFR 117.875. The regulation requires that at least two
hours notice be given for all openings.
Discussion of Comments and Changes
No comments on this temporary rule were received and no changes
were made to the rule as proposed in the NPRM.
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 excutive 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. The Coast Guard has made this finding
based on the fact that the rule will have no known impact on the
maritime public.
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 proposed
rule would not have a significant economic impact on a substantial
number of small entities because it will have no known impact on any
vessel traffic.
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 could better evaluate
its effects on them and participate in the rulemaking process.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
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 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 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 would 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 Information and Regulatory Affairs has not
designated this 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
[[Page 12688]]
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
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.
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. From May 1, 2010 to March 1, 2011, temporarily suspend Sec. 117.875
and temporarily add Sec. 117.876T to read as follows:
Sec. 117.876T Coquille River.
The draws of the U.S. 101 highway bridge, mile 3.5 at Bandon,
Oregon, need not open for the passage of vessels from May 1, 2010 to
March 1, 2011.
Dated: March 2, 2010.
G.T. Blore,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard
District.
[FR Doc. 2010-5761 Filed 3-16-10; 8:45 am]
BILLING CODE 9110-04-P
