Drawbridge Operation Regulation; Mermentau River, Grand Chenier, LA, 18055-18056 [2010-8096]

Download as PDF srobinson on DSKHWCL6B1PROD with RULES Federal Register / Vol. 75, No. 68 / Friday, April 9, 2010 / Rules and Regulations prohibition in paragraph (d)(6)(i) of this section, the exclusion is dependent on the employer maintaining in the employer’s files a certification signed by the employer that the conditions described in paragraph (d)(6)(ii)(C) of this section are met, and, upon request of the Department of Defense, providing a copy of that certification to the Department of Defense. (iv) Remedies and penalties. (A) Remedies for violation of this paragraph (d)(6) include but are not limited to remedies under the Federal Claims Collection Act, 31 U.S.C. 3701 et seq. (B) Penalties for violation of this paragraph (d)(6) include a civil monetary penalty of up to $5,000 for each violation. The provisions of section 1128A of the Social Security Act, 42 U.S.C. 1320a–7a, (other than subsections (a) and (b)) apply to the civil monetary penalty in the same manner as the provisions apply to a penalty or proceeding under section 1128A. (v) Definitions. For the purposes of this paragraph (d)(6): (A) The term ‘‘employer’’ includes any State or unit of local government and any employer that employs at least 20 employees. (B) The term ‘‘group health plan’’ means a group health plan as that term is defined in section 5000(b)(1) of the Internal Revenue Code of 1986 without regard to section 5000(d) of the Internal Revenue Code of 1986. (C) The term ‘‘similarly situated’’ means sharing common attributes, such as part-time employees, or other bona fide employment-based classifications consistent with the employer’s usual business practice. (Internal Revenue Service regulations at 26 CFR 54.9802– 1(d) may be used as a reference for this purpose). However, in no event shall eligibility for or entitlement to TRICARE (or ineligibility or non-entitlement to TRICARE) be considered a bona fide employment-based classification. (D) The term ‘‘TRICARE-eligible employee’’ means a covered beneficiary under section 1086 of title 10, United States Code, Chapter 55, entitled to health care benefits under the TRICARE program. (vi) Procedures. The Departments of Defense and Health and Human Services are authorized to enter into agreements to further carry out this section. * * * * * VerDate Nov<24>2008 17:01 Apr 08, 2010 Jkt 220001 Dated: April 6, 2010. Mitchell S. Bryman, Alternate OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. 2010–8162 Filed 4–8–10; 8:45 am] BILLING CODE 5001–06–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2008–1017] RIN 1625–AA11 Regulated Navigation Areas; Bars Along the Coasts of Oregon and Washington; Correction Correction In rule document 2010–4769 beginning on page 10687 in the issue of Tuesday, March 9, 2010, make the following correction: §165.1325 [Corrected] 1. On page 10688, in §165.1325, in the first column, in paragraph (a)(12) ‘‘43°38′35″ N., 24°14′25″W.’’should read, ‘‘43°38′35″ N., 124°14′25″W.’’ [FR Doc. C1–2010–4769 Filed 4–8–10; 8:45 am] BILLING CODE 1505–01–D DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2010–0203] Drawbridge Operation Regulation; Mermentau River, Grand Chenier, 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 SR 82 swing span bridge across the Mermentau River, mile 7.1, at Grand Chenier, Cameron Parish, Louisiana. This deviation is necessary for electrical and mechanical repairs pertaining to the bridge’s main span drive assembly and system components. This deviation allows the bridge to remain closed to navigation for approximately 10 weeks. DATES: This deviation is effective from 7 a.m. on April 21, 2010, through 7 a.m. on June 30, 2010. PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 18055 ADDRESSES: Documents mentioned in this preamble as being available in the docket are part of docket USCG–2010– 0203 and are available online by going to https://www.regulations.gov, inserting USCG–2010–0203 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 Kay Wade, Bridge Administration Branch, Coast Guard; telephone 504–671–2128, e-mail Kay.B.Wade@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 Louisiana Department of Transportation and Development has requested a temporary deviation from the operating schedule of the swing span bridge across the Mermentau River at mile 7.1 in Grand Chenier, Cameron Parish, Louisiana. The closure is necessary in order to perform electrical and mechanical repairs pertaining to the bridge’s main span drive assembly and system components. This maintenance is essential for the continued operation of the bridge. The operating schedule for the bridge is in 33 CFR 117.480 and states the bridge opens on signal; except that, from 6 p.m. to 6 a.m. the draw shall open on signal if at least 4 hours notice is given, for the passage of vessels. This deviation will allow the bridge to remain in the closed-to-navigation position from 7 a.m. Wednesday, April 21, 2010, through 7 a.m. Thursday, July 1, 2010. The vertical clearance of the swing span bridge in the closed-to-navigation position is 13.15 feet above Mean High Water, elevation 3.1 feet Mean Sea Level. Vessels are able to transit under the bridge during operations. There is an alternate navigation route via Grand Lake for vessels unable to pass under the bridge. Navigation on the waterway consists of tugs with tows, fishing vessels and recreational craft. Due to prior experience and coordination with waterway users, it has been determined that the closure will not have a significant effect on navigation. 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 E:\FR\FM\09APR1.SGM 09APR1 18056 Federal Register / Vol. 75, No. 68 / Friday, April 9, 2010 / Rules and Regulations deviation from the operating regulations is authorized under 33 CFR 117.35. Dated: March 30, 2010. David M. Frank, Bridge Administrator. [FR Doc. 2010–8096 Filed 4–8–10; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2010–0179] RIN 1625–AA00 Safety Zone; Fireworks Display, Patuxent River, Solomons Island Harbor, MD Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: SUMMARY: The Coast Guard is establishing a temporary safety zone upon specified waters of Solomons Island Harbor, a tributary of the Patuxent River. This action is necessary to provide for the safety of life on navigable waters during a fireworks display launched from discharge barge located in Solomons Island, Calvert County, Maryland. This safety zone is intended to protect the maritime public in a portion of Solomons Island Harbor. DATES: This rule is effective from 7:30 p.m. through 10:30 p.m. on April 16, 2010. Documents indicated in this preamble as being available in the docket are part of docket USCG–2010– 0179 and are available online by going to https://www.regulations.gov, inserting USCG–2010–0179 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 temporary rule, call or e-mail Mr. Ronald L. Houck, Sector Baltimore Waterways Management Division, Coast Guard; telephone 410–576–2674, e-mail Ronald.L.Houck@uscg.mil. If you have questions on viewing the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202–366– 9826. SUPPLEMENTARY INFORMATION: srobinson on DSKHWCL6B1PROD with RULES ADDRESSES: VerDate Nov<24>2008 17:01 Apr 08, 2010 Jkt 220001 Regulatory Information The Coast Guard is issuing this temporary final rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because it is contrary to public interest to delay the effective date of this rule. Delaying the effective date would be contrary to the safety zone’s intended objectives since immediate action is needed to protect persons and vessels against the hazards associated with a fireworks display on navigable waters. Such hazards include premature detonations, dangerous projectiles and falling or burning debris. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. Due to the need for immediate action, the restriction of vessel traffic is necessary to protect life, property and the environment; therefore, a 30-day notice is impracticable. Delaying the effective date would be contrary to the safety zone’s intended objectives of protecting persons and vessels involved in the event, and enhancing public and maritime safety. Basis and Purpose Fireworks displays are frequently held from locations on or near the navigable waters of the United States. The potential hazards associated with fireworks displays are a safety concern during such events. The purpose of this rule is to promote public and maritime safety during a fireworks display, and to protect mariners transiting the area from the potential hazards associated with a fireworks display, such as the accidental discharge of fireworks, dangerous projectiles, and falling hot embers or other debris. This rule is needed to ensure safety on the waterway during the scheduled event. Discussion of Rule To celebrate its 30th Year Anniversary Opening, the Tiki Bar at Solomons Island, Maryland will sponsor a fireworks display from a barge located adjacent to Molly’s Leg in Solomons Island Harbor scheduled on Friday, PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 April 16, 2010 at approximately 8:45 p.m. The Coast Guard is establishing a temporary safety zone on certain waters of the Solomons Island Harbor, within a 100 yards radius of a fireworks discharge barge in approximate position latitude 38°19′21″ N, longitude 076°27′16″ W, located at Solomons Island Harbor, Maryland (NAD 1983). The temporary safety zone will be enforced from 7:30 p.m. through 10:30 p.m. on April 16, 2010. The effect of this temporary safety zone will be to restrict navigation in the regulated area during the fireworks display. No person or vessel may enter or remain in the safety zone. Vessels will be allowed to transit the waters of Solomons Island Harbor outside the safety zone. Notification of the temporary safety zone will be provided to the public via marine information broadcasts. 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. Although this safety zone will restrict access to the area, the effect of the rule will not be significant because: (i) There is little vessel traffic associated with commercial fishing and recreational boating in the area, (ii) vessels can transit waters outside the safety zone, (iii) the safety zone is of limited duration and limited size, and (iv) the Coast Guard will give advance notice to mariners via maritime advisories so mariners can adjust their plans accordingly. 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. E:\FR\FM\09APR1.SGM 09APR1

Agencies

[Federal Register Volume 75, Number 68 (Friday, April 9, 2010)]
[Rules and Regulations]
[Pages 18055-18056]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-8096]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2010-0203]


Drawbridge Operation Regulation; Mermentau River, Grand Chenier, 
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 
SR 82 swing span bridge across the Mermentau River, mile 7.1, at Grand 
Chenier, Cameron Parish, Louisiana. This deviation is necessary for 
electrical and mechanical repairs pertaining to the bridge's main span 
drive assembly and system components. This deviation allows the bridge 
to remain closed to navigation for approximately 10 weeks.

DATES: This deviation is effective from 7 a.m. on April 21, 2010, 
through 7 a.m. on June 30, 2010.

ADDRESSES: Documents mentioned in this preamble as being available in 
the docket are part of docket USCG-2010-0203 and are available online 
by going to https://www.regulations.gov, inserting USCG-2010-0203 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 Kay Wade, Bridge Administration Branch, Coast Guard; 
telephone 504-671-2128, e-mail Kay.B.Wade@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 Louisiana Department of Transportation 
and Development has requested a temporary deviation from the operating 
schedule of the swing span bridge across the Mermentau River at mile 
7.1 in Grand Chenier, Cameron Parish, Louisiana. The closure is 
necessary in order to perform electrical and mechanical repairs 
pertaining to the bridge's main span drive assembly and system 
components. This maintenance is essential for the continued operation 
of the bridge.
    The operating schedule for the bridge is in 33 CFR 117.480 and 
states the bridge opens on signal; except that, from 6 p.m. to 6 a.m. 
the draw shall open on signal if at least 4 hours notice is given, for 
the passage of vessels. This deviation will allow the bridge to remain 
in the closed-to-navigation position from 7 a.m. Wednesday, April 21, 
2010, through 7 a.m. Thursday, July 1, 2010.
    The vertical clearance of the swing span bridge in the closed-to-
navigation position is 13.15 feet above Mean High Water, elevation 3.1 
feet Mean Sea Level. Vessels are able to transit under the bridge 
during operations. There is an alternate navigation route via Grand 
Lake for vessels unable to pass under the bridge. Navigation on the 
waterway consists of tugs with tows, fishing vessels and recreational 
craft. Due to prior experience and coordination with waterway users, it 
has been determined that the closure will not have a significant effect 
on navigation.
    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

[[Page 18056]]

deviation from the operating regulations is authorized under 33 CFR 
117.35.

    Dated: March 30, 2010.
David M. Frank,
Bridge Administrator.
[FR Doc. 2010-8096 Filed 4-8-10; 8:45 am]
BILLING CODE 9110-04-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.