Drawbridge Operation Regulation; Chehalis River, Aberdeen, WA, Schedule Change, 16002-16004 [2010-7166]
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16002
Federal Register / Vol. 75, No. 61 / Wednesday, March 31, 2010 / Rules and Regulations
benefits as described in the proposed
rule, we retain the benefits for the final
rule. This final rule is expected to
provide greater clarity in the regulations
for new animal drugs for use in animal
feeds by deleting obsolete provisions in
§ 558.15. We do not expect this final
rule to result in any direct human or
animal health benefit. Rather, this final
rule would remove regulations that are
no longer necessary.
II. Environmental Impact
The agency has determined under 21
CFR 25.30(h) that this action is of a type
that does not individually or
cumulatively have a significant effect on
the human environment. Therefore,
neither an environmental assessment
nor an environmental impact statement
is required.
erowe on DSK5CLS3C1PROD with RULES
This oxytetracycline/neomycin use
combination is listed in the table in
§ 558.15(g)(2) and is the only use
combination listed in this provision.
Because this use combination’s approval
is now reflected in § 558.455, FDA is
removing § 558.15(g)(2) as obsolete or
redundant. As in the 2006 final rule,
FDA is retaining the sole listing in the
table in § 558.15(g)(1) for NADA 141–
137 as well as § 558.15(a) through (f),
and intends to continue to finalize the
proposed rule to remove all of § 558.15.
We do not expect the final rule that
revokes § 558.15(g)(2) to have a
substantive effect on any approved new
animal drugs, or to cause any approved
new animal drug to lose its marketing
ability or experience a loss of sales.
III. Analysis of Impacts
FDA has examined the impacts of the
final rule under Executive Order 12866
and the Regulatory Flexibility Act (5
U.S.C. 601–602), and the Unfunded
Mandates Reform Act of 1995 (Public
Law 104–4). Executive Order 12866
directs agencies to assess all costs and
benefits of available regulatory
alternatives and, when regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety,
and other advantages; distributive
impacts; and equity). The agency
believes that this final rule is not a
significant regulatory action under the
Executive order.
FDA proposed the removal of § 558.15
on August 8, 2003, because it was
obsolete or redundant. The original
purpose of § 558.15, requiring the
submission of the results of studies on
the long-term administration of thenmarketed antimicrobial drugs in animal
feed on the occurrence of multiple drugresistant bacteria associated with these
animals, was obsolete as FDA had a new
strategy and concept for assessing the
safety of antimicrobial new animal
drugs, including subtherapeutic use of
antimicrobials in animal feed, with
regard to their microbiological effects on
bacteria of human health concern. This
final rule would delete the only animal
drug use combination listed in
§ 558.15(g)(2) which is redundant
because its approved conditions of use
are now listed in § 558.455.
A. Benefits
Only one set of comments on the
proposal was received by FDA. Because
these comments did not question the
VerDate Nov<24>2008
14:09 Mar 30, 2010
Jkt 220001
B. Compliance Costs
C. Regulatory Flexibility Analysis
The Regulatory Flexibility Act
requires agencies to analyze regulatory
options that would minimize any
significant impact of a rule on small
entities. FDA has determined that this
final rule does not impose compliance
costs on the sponsors of any products
that are currently marketed. Further, it
does not cause any drugs that are
currently marketed to lose their
marketing ability. We therefore certify
that this final rule would not have a
significant economic effect on a
substantial number of small entities.
D. Unfunded Mandates Reform Act
Section 202(a) of the Unfunded
Mandates Reform Act requires that
agencies prepare a written statement,
which includes an assessment of
anticipated costs and benefits, before
proposing ‘‘any rule that includes any
Federal mandate that may result in the
expenditure by State, local, and tribal
governments, in the aggregate, or by the
private sector, of $100,000,000 or more
(adjusted annually for inflation) in any
one year.’’ The current threshold after
adjustment for inflation is $133 million,
using the most current (2008) Implicit
Price Deflator for the Gross Domestic
Product. FDA does not expect this final
rule to result in any 1-year expenditure
that would meet or exceed this amount.
IV. Paperwork Reduction Act of 1995
FDA concludes that this rule does not
have information collection
requirements.
List of Subjects in 21 CFR Part 558
Animal drugs, Animal feeds.
Therefore, under the Federal Food,
Drug, and Cosmetic Act and under
authority delegated to the Commissioner
of Food and Drugs, 21 CFR part 558 is
amended as follows:
■
PO 00000
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PART 558—NEW ANIMAL DRUGS FOR
USE IN ANIMAL FEEDS
1. The authority citation for 21 CFR
part 558 continues to read as follows:
■
Authority: 21 U.S.C. 360b, 371.
§ 558.15
[Amended]
2. In § 558.15, remove and reserve
paragraph (g)(2).
■
Dated: March 18, 2010.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2010–7108 Filed 3–30–10; 8:45 am]
BILLING CODE 4160–01–S
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2009–0959]
RIN 1625–AA09
Drawbridge Operation Regulation;
Chehalis River, Aberdeen, WA,
Schedule Change
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is changing
the regulations that govern the operation
of the U.S. Highway 101 bascule bridge
across the Chehalis River, mile 0.1, at
Aberdeen, Washington. At least onehour notice by telephone will be
required at all times for draw openings.
The change is necessary to allow the
bridge owner to reduce the staffing
requirements of the bridge in light of the
infrequent openings requested for the
bridge.
DATES:
This rule is effective April 30,
2010.
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–
0959 and are available online by going
to https://www.regulations.gov., inserting
USCG–2009–0959 in the ‘‘Keyword’’
box, and then clicking ‘‘Search’’. This
material is also available for inspection
or copying at the Docket Management
Facility (M–60), 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:\FR\FM\31MRR1.SGM
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Federal Register / Vol. 75, No. 61 / Wednesday, March 31, 2010 / Rules and Regulations
e-mail Austin Pratt, Chief, Bridge
Section, Waterways Management
Branch, 13th 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 4, 2009, we published
a notice of proposed rulemaking
(NPRM) entitled Drawbridge Operation
Regulations; Chehalis River, Aberdeen,
WA, Schedule Change in the Federal
Register (74 FR 63695). We received no
comments on the proposed rule. No
public meeting was requested and none
was held.
Background and Purpose
This rule enables the Washington
State Department of Transportation, the
owner of the Chehalis River Bridge, to
operate the draw only if at least onehour notice is provided at all times.
This notice will be given by telephone
to 360–533–9360. A marine radio will
also be maintained at the bridge, but
will only be monitored when a draw
tender is present. Previously, one-hour
notice was only required between 9 p.m.
and 5 a.m.
Over the years ship traffic has
dwindled on this reach of the Chehalis
River. From June through September
2009 the draw did not open for large
oceangoing vessels. The former ship
traffic is now focused seaward of the
bridge following the recent closure of
timber terminals above the bridge. The
bridge averages only seven openings a
month during those daylight hours
when a draw operator is present. The
Washington State Department of
Transportation requested this change to
reduce unnecessary staffing of the
drawbridge in light of the infrequent
openings requested for the bridge.
erowe on DSK5CLS3C1PROD with RULES
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.
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14:09 Mar 30, 2010
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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
determination based on the fact that
vessel operators will not be significantly
impacted since they will still be able to
transit under the bridge by giving onehour notice.
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.
Small Entities
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.
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
because all vessel operators will not be
significantly impacted since they will
still be able to transit under the bridge
by giving one-hour notice.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
in the NPRM we offered to assist small
entities in understanding this rule so
that they can 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.
Taking of Private Property
This rule will not affect 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.
Collection of Information
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.
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520.).
Discussion of Comments and Changes
No comments were received on the
proposed rule and no changes were
made to the proposed rule.
Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
16003
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
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Federal Register / Vol. 75, No. 61 / Wednesday, March 31, 2010 / Rules and Regulations
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
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.
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
Department of Homeland Security Delegation
No. 0170.1.
2. Revise § 117.1031 to read as
follows:
■
§ 117.1031
Chehalis River.
The draw of the U.S. 101 highway
bridge, mile 0.1, at Aberdeen shall open
on signal if at least one-hour notice is
given at all times by telephone to the
Washington State Department of
Transportation.
Dated: March 11, 2010.
G.T. Blore,
Rear Admiral, U.S. Coast Guard, Commander,
Thirteenth Coast Guard District.
[FR Doc. 2010–7166 Filed 3–30–10; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2010–0185]
Drawbridge Operation Regulation;
Atlantic Intracoastal Waterway,
Albemarle and Chesapeake Canal,
Chesapeake, VA
Coast Guard, DHS.
Notice of temporary deviation
from regulations.
ACTION:
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.
erowe on DSK5CLS3C1PROD with RULES
1. The authority citation for part 117
continues to read as follows:
■
AGENCY:
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:
■
VerDate Nov<24>2008
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
14:09 Mar 30, 2010
Jkt 220001
SUMMARY: The Commander, Fifth Coast
Guard District, has issued a temporary
deviation from the regulations
governing the operation of the SR170
Centerville Turnpike Bridge across the
Atlantic Intracoastal Waterway,
Albemarle and Chesapeake Canal, mile
15.7, at Chesapeake, VA. The deviation
is necessary to facilitate structural
repairs to the swing span. This
deviation allows the drawbridge to
remain in the closed to navigation
position.
DATES: This deviation is effective from
8 a.m. on April 10, 2010 to 6 p.m. on
April 18, 2010.
ADDRESSES: Documents mentioned in
this preamble as being available in the
docket USCG–2010–0185 and are
available online by going to https://
www.regulations.gov, inserting USCG–
2010–0185 in the ‘‘Keyword’’ box, and
then clicking ‘‘Search’’. This material is
also available for inspection or copying
the Docket Management Facility (M–30),
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
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. Bill H. Brazier, Bridge
Management Specialist, Fifth Coast
Guard District; telephone (757) 398–
6422, e-mail Bill.H.Brazier@uscg.mil. If
you have questions on reviewing the
docket, call Renee V. Wright, Program
Manager, Docket Operations, (202) 366–
9826.
SUPPLEMENTARY INFORMATION: The City
of Chesapeake, who owns and operates
this swing-type bridge, has requested a
temporary deviation from the current
operating regulations set out in 33 CFR
117.997(i), to facilitate structural
repairs.
The SR170 Centerville Turnpike
Bridge has a vertical clearance in the
closed position to vessels of four feet
above mean high water.
Under this temporary deviation, the
drawbridge will be maintained in the
closed to navigation position to
facilitate repairs to structural support
stringers on two separate closures. The
first closure period will begin at 8 a.m.
April 10, 2010, until and including 6 p.
m. April 11, 2010; and the second
closure period scheduled to begin at 8
a.m. on April 17, 2010, until and
including 6 p.m. on April 18, 2010.
Openings will be provided during the
closure periods at the following times:
on Saturdays at 8 a.m., 10 a.m., noon,
2 p.m., 4 p.m., 6 p.m., 8 p.m., and 10
p.m., and on Sundays at midnight, 2
a.m., 4 a.m., 6 a.m., 8 a.m., 10 a.m.,
noon, 2 p.m., 4 p.m., and 6 p.m.
The Atlantic Intracoastal Waterway
caters to a variety of vessels from tug
and barge traffic to recreational vessels
traveling from Florida to Maine. The
Coast Guard has carefully coordinated
the restrictions with commercial and
recreational waterway users.
Additionally, the Coast Guard will
inform unexpected users of the
waterway through our local and
broadcast Notices to Mariners of the
closure periods for the bridge so that
vessels can arrange their transits to
minimize any impacts caused by the
temporary deviation. The Atlantic
Ocean is the alternate route for vessels
and the bridge will be able to open in
the event of an emergency.
In accordance with 33 CFR 117.35(e),
the draw must return to its original
operating schedule immediately at the
end of the designated time period. This
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]]>Agencies
[Federal Register Volume 75, Number 61 (Wednesday, March 31, 2010)]
[Rules and Regulations]
[Pages 16002-16004]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-7166]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2009-0959]
RIN 1625-AA09
Drawbridge Operation Regulation; Chehalis River, Aberdeen, WA,
Schedule Change
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is changing the regulations that govern the
operation of the U.S. Highway 101 bascule bridge across the Chehalis
River, mile 0.1, at Aberdeen, Washington. At least one-hour notice by
telephone will be required at all times for draw openings. The change
is necessary to allow the bridge owner to reduce the staffing
requirements of the bridge in light of the infrequent openings
requested for the bridge.
DATES: This rule is effective April 30, 2010.
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-2009-0959 and are available online by
going to https://www.regulations.gov., inserting USCG-2009-0959 in the
``Keyword'' box, and then clicking ``Search''. This material is also
available for inspection or copying at the Docket Management Facility
(M-60), 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
[[Page 16003]]
e-mail Austin Pratt, Chief, Bridge Section, Waterways Management
Branch, 13th 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 4, 2009, we published a notice of proposed rulemaking
(NPRM) entitled Drawbridge Operation Regulations; Chehalis River,
Aberdeen, WA, Schedule Change in the Federal Register (74 FR 63695). We
received no comments on the proposed rule. No public meeting was
requested and none was held.
Background and Purpose
This rule enables the Washington State Department of
Transportation, the owner of the Chehalis River Bridge, to operate the
draw only if at least one-hour notice is provided at all times. This
notice will be given by telephone to 360-533-9360. A marine radio will
also be maintained at the bridge, but will only be monitored when a
draw tender is present. Previously, one-hour notice was only required
between 9 p.m. and 5 a.m.
Over the years ship traffic has dwindled on this reach of the
Chehalis River. From June through September 2009 the draw did not open
for large oceangoing vessels. The former ship traffic is now focused
seaward of the bridge following the recent closure of timber terminals
above the bridge. The bridge averages only seven openings a month
during those daylight hours when a draw operator is present. The
Washington State Department of Transportation requested this change to
reduce unnecessary staffing of the drawbridge in light of the
infrequent openings requested for the bridge.
Discussion of Comments and Changes
No comments were received on the proposed rule and no changes were
made to the proposed rule.
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. The Coast Guard has made this
determination based on the fact that vessel operators will not be
significantly impacted since they will still be able to transit under
the bridge by giving one-hour notice.
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 because all vessel operators will not be significantly
impacted since they will still be able to transit under the bridge by
giving one-hour notice.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to
assist small entities in understanding this rule so that they can
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 will not affect 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
[[Page 16004]]
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 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.
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. 117.1031 to read as follows:
Sec. 117.1031 Chehalis River.
The draw of the U.S. 101 highway bridge, mile 0.1, at Aberdeen
shall open on signal if at least one-hour notice is given at all times
by telephone to the Washington State Department of Transportation.
Dated: March 11, 2010.
G.T. Blore,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard
District.
[FR Doc. 2010-7166 Filed 3-30-10; 8:45 am]
BILLING CODE 9110-04-P
