Drawbridge Operation Regulation; CSX Railroad, Trout River, Mile 0.9, Jacksonville, FL, 24400-24402 [2010-10497]
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24400
Federal Register / Vol. 75, No. 86 / Wednesday, May 5, 2010 / Rules and Regulations
hereby authorized to determine that
circumstances no longer warrant the blocking
of the property and interests in property of
a person listed in the Annex to this order,
and to take necessary action to give effect to
that determination.
Sec. 8. This order is not intended to, and
does not, create any right or benefit,
substantive or procedural, enforceable at law
or in equity by any party against the United
States, its departments, agencies, or entities,
its officers, employees, or agents, or any other
person.
Sec. 9. This order is effective at 12:01 a.m.
eastern standard time on April 13, 2010.
Barack Obama,
THE WHITE HOUSE,
April 12, 2010.
ANNEX
Individuals
1. Abshir ABDILLAHI [born circa 1966]
2. Hassan Abdullah Hersi AL–TURKI [born
circa 1944]
3. Hassan Dahir AWEYS [born 1935]
4. Ahmed Abdi AW–MOHAMED [born 10
July 1977]
5. Yasin Ali BAYNAH [born circa 1966]
6. Mohamed Abdi GARAAD [born circa
1973]
7. Yemane GHEBREAB [born 21 July 1951]
8. Fuad Mohamed KHALAF [born circa
1965]
9. Bashir Mohamed MAHAMOUD [born
circa 1979–1982]
10. Fares Mohammed MANA’A [born 8
February 1965]
11. Mohamed SA’ID [born circa 1966]
Entity
1. al-Shabaab
Dated: April 19, 2010.
Adam J. Szubin,
Director, Office of Foreign Assets Control.
Approved: April 22, 2010.
Stuart A. Levey,
Under Secretary, Office of Terrorism and
Financial Intelligence, Department of the
Treasury.
[FR Doc. 2010–9829 Filed 5–4–10; 8:45 am]
BILLING CODE 4811–45–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2010–0188]
National Maritime Week Tugboat
Races, Seattle, WA
Coast Guard, DHS.
Notice of enforcement of
regulation.
erowe on DSK5CLS3C1PROD with RULES
AGENCY:
ACTION:
SUMMARY: The Coast Guard will enforce
the Special Local Regulation for the
annual National Maritime Week
Tugboat Races in Elliott Bay, WA on
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14:33 May 04, 2010
Jkt 220001
May 8, 2010. This action is necessary to
ensure the safety of all participants and
spectators from the inherent dangers
associated with these types of races.
During the enforcement period, no
person or vessel may enter or remain in
the regulated area except for
participants in the event, supporting
personnel, vessels registered with the
event organizer, and personnel or
vessels authorized by the Coast Guard
Patrol Commander.
DATES: The regulations in 33 CFR
100.1306 will be enforced on May 8,
2010.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this notice, call
or e-mail Ensign Ashley M. Wanzer,
Sector Seattle Waterways Management
Division, Coast Guard; telephone 206–
217–6175, e-mail
SectorSeattleWWM@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the Special Local
Regulation for the annual National
Maritime Week Tugboat Races, Seattle,
WA in 33 CFR 100.1306 on May 8, 2010.
These regulations can be found in the
April 17, 1996 issue of the Federal
Register (70 FR 23938).
A regulated area is established on that
portion of Elliott Bay along the Seattle
waterfront in Puget Sound bounded by
a line beginning at: 47°37′36″ N,
122°22′42″ W; thence to 47°37′24.5″ N,
122°22′58.5″ W; thence to 47°36′08″ N,
122°20′53″ W; thence to 47°36′21″ N,
122°20′31″ W; thence returning to the
origin. This regulated area resembles a
rectangle measuring approximately
3,900 yards along the shoreline between
Pier 57 and Pier 89, and extending
approximately 650 yards into Elliott
Bay. Temporary floating markers will be
placed by the race sponsors to delineate
the regulated area. [Datum: NAD 1983]
No person or vessel may enter or
remain in the regulated area except for
participants in the event, supporting
personnel, vessels registered with the
event organizer, and personnel or
vessels authorized by the Coast Guard
Patrol Commander.
When deemed appropriate, the Coast
Guard may establish a patrol consisting
of active and auxiliary Coast Guard
vessels and personnel in the regulated
area described above. The patrol shall
be under the direction of a Coast Guard
officer or petty officer designated by the
Captain of the Port as the Coast Guard
Patrol Commander. The Patrol
Commander may forbid and control the
movement of vessels in this regulated
area.
A succession of sharp, short blasts
from whistle or horn from vessels
patrolling the area under the direction
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Fmt 4700
Sfmt 4700
of the Patrol Commander shall serve as
a signal to stop. Vessels signaled shall
stop and comply with the orders of the
patrol vessel. Failure to do so may result
in expulsion from the area, citation for
failure to comply, or both.
The Coast Guard may be assisted by
other Federal, State, or local law
enforcement agencies in enforcing this
regulation.
This notice is issued under authority
of 33 CFR 100.1306 and 5 U.S.C. 552 (a).
If the COTP determines that the
regulated area need not be enforced for
the full duration stated in this notice, he
or she may use a Broadcast Notice to
Mariners to grant general permission to
enter the regulated area.
Dated: April 13, 2010
Suzanne E. Englebert,
Captain, U.S. Coast Guard, Captain of the
Port, Puget Sound.
[FR Doc. 2010–10499 Filed 5–4–10; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2009–0249]
RIN 1625–AA09
Drawbridge Operation Regulation; CSX
Railroad, Trout River, Mile 0.9,
Jacksonville, FL
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is changing
the regulation governing the operation
of the CSX Railroad Bridge across the
Trout River, mile 0.9, Jacksonville,
Florida. This rule will allow the bridge
to operate using an automated system,
without an onsite bridge tender.
Currently, the bridge is required to open
on signal from 6 a.m. until 10 p.m.; and
from 10 p.m. until 6 a.m. the draw shall
open on signal if at least 12 hours notice
is given.
DATES: This rule is effective June 4,
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–
0249 and are available online by going
to https://www.regulations.gov, inserting
USCG–2009–0249 in the ‘‘Keyword’’
box, and then clicking ‘‘Search.’’ This
material is also available for inspection
or copying at the Docket Management
E:\FR\FM\05MYR1.SGM
05MYR1
Federal Register / Vol. 75, No. 86 / Wednesday, May 5, 2010 / Rules and Regulations
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 proposed
rule, call or e-mail Mr. Michael
Lieberum,
Michael.b.lieberum@uscg.mil, Seventh
Coast Guard District, Bridge Branch, 909
S.E. 1st Ave., Miami, FL 33131,
telephone number 305–415–6744. 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 June 4, 2009, we published a
notice of proposed rulemaking (NPRM)
entitled CSX Railroad, Trout River, mile
0.9, Jacksonville, FL in the Federal
Register (74 FR 106). We received no
comments on the proposed rule. No
public meeting was requested, and none
was held.
Background and Purpose
The bridge owner, CSX Railroad, has
requested that the Coast Guard remove
the existing regulations governing the
operation of the CSX Railroad Bridge
over the Trout River and allow the
bridge to operate utilizing an automated
system. The request is made because
there are only four train transits per day
that are short in duration. Under the
proposed rule, the bridge would remain
in the open position to vessel traffic at
all times, closing only to accommodate
train traffic.
The CSX Railroad Bridge is located on
the Trout River, mile 0.9, Jacksonville,
Florida. The current regulation
governing the operation of the CSX
Railroad Bridge is published in 33 CFR
117.337 and requires the bridge to open
on signal from 6 a.m. until 10 p.m.; and
from 10 p.m. until 6 a.m. the draw shall
open on signal if at least 12 hours notice
is given.
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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
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14:33 May 04, 2010
Jkt 220001
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order. This rule will provide less
restrictive vessel traffic flow as the
bridge will be in the open position and
only lowered when a train approaches
the bridge.
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 will not have
a significant economic impact on a
substantial number of small entities.
This rule will have less of an impact
on small entities as the bridge will be in
the open position and will be closed for
short periods of time as trains transit
across this bridge.
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 the rule so
that they could better evaluate its effects
on them and participate in the
rulemaking process.
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
PO 00000
Frm 00029
Fmt 4700
Sfmt 4700
24401
$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
does not create an environmental risk to
health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
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
E:\FR\FM\05MYR1.SGM
05MYR1
24402
Federal Register / Vol. 75, No. 86 / Wednesday, May 5, 2010 / Rules and Regulations
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.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 117 as follows:
■
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
■
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
Department of Homeland Security Delegation
No. 0170.1.
■
2. Revise § 117.337 as follows:
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§ 117.337
Trout River.
The draw of the CSX Railroad Bridge
across the Trout River, mile 0.9 at
Jacksonville, operates as follows:
(a) The bridge is not tended.
(b) The draw is normally in the fully
open position, displaying green lights to
indicate that vessels may pass.
(c) As a train approaches, provided
the scanners do not detect a vessel
under the draw, the lights change to
flashing red and a horn continuously
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14:33 May 04, 2010
Jkt 220001
sounds while the draw closes. The draw
remains closed until the train passes.
(d) After the train clears the bridge,
the lights continue to flash red and the
horn again continuously sounds while
the draw opens, until the draw is fully
open and the lights return to green.
Chief of Port Operations, MSU Duluth,
Coast Guard; telephone (218) 720–5286
Ext. 111, e-mail aaron.l.gross@uscg.mil.
If you have questions on viewing the
docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone
202–366–9826.
Dated: April 21, 2010.
R.S. Branham,
Rear Admiral, U.S. Coast Guard, Commander,
Seventh Coast Guard District.
SUPPLEMENTARY INFORMATION:
[FR Doc. 2010–10497 Filed 5–4–10; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2010–0124]
RIN 1625–AA00
Safety Zone; St. Louis River, Tallas
Island, Duluth, MN
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a temporary safety zone
around the Tallas Island area of the St.
Louis River, Duluth, Minnesota. All
vessels are prohibited from transiting
the zone unless specifically authorized
by the Captain of the Port or a
designated representative. This
temporary safety zone is necessary in
order to ensure the safety of the general
public from hazards associated with the
dredging project.
DATES: Effective Date: this rule is
effective in the CFR from May 5, 2010
until 11:59 p.m. November 30, 2010.
This rule is effective with actual notice
for purposes of enforcement beginning
12:01 a.m. May 1, 2010 through 11:59
p.m. November 30, 2010.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2010–
0124 and are available online by going
to https://www.regulations.gov, inserting
USCG–2010–0124 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 LT Aaron Gross,
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Frm 00030
Fmt 4700
Sfmt 4700
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 the
publishing of an NPRM would be
impracticable and contrary to public
interest as immediate action is
necessary to provide for the safety of life
and property on navigable waters. The
Coast Guard will issue broadcast notice
to mariners to advise vessel operators of
navigational restrictions. On-scene
Coast Guard and local law enforcement
vessels will also provide actual notice to
mariners.
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. Delaying the effective date
would be contrary to public interest
because the hazards associated with
dredging projects could lead to severe
injury, fatalities, and/or destruction of
public property. Therefore, immediate
action is needed to ensure the public’s
safety.
Basis and Purpose
This temporary safety zone is
necessary to ensure the safety of the
general public from the potential threat
associated with the dredging project
beginning at Tallas Island, St. Louis
River. The Captain of the Port Duluth
has determined this activity could pose
significant risk to public safety and
property. Establishing a safety zone to
control vessel movement around the
location of the work site will help
prevent damage and injury to workers
on the site, any recreational vessels, the
public and help minimize the associated
risks.
E:\FR\FM\05MYR1.SGM
05MYR1
Agencies
[Federal Register Volume 75, Number 86 (Wednesday, May 5, 2010)]
[Rules and Regulations]
[Pages 24400-24402]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-10497]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2009-0249]
RIN 1625-AA09
Drawbridge Operation Regulation; CSX Railroad, Trout River, Mile
0.9, Jacksonville, FL
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is changing the regulation governing the
operation of the CSX Railroad Bridge across the Trout River, mile 0.9,
Jacksonville, Florida. This rule will allow the bridge to operate using
an automated system, without an onsite bridge tender. Currently, the
bridge is required to open on signal from 6 a.m. until 10 p.m.; and
from 10 p.m. until 6 a.m. the draw shall open on signal if at least 12
hours notice is given.
DATES: This rule is effective June 4, 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-2009-0249 and are available online by
going to https://www.regulations.gov, inserting USCG-2009-0249 in the
``Keyword'' box, and then clicking ``Search.'' This material is also
available for inspection or copying at the Docket Management
[[Page 24401]]
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 proposed
rule, call or e-mail Mr. Michael Lieberum, Michael.b.lieberum@uscg.mil,
Seventh Coast Guard District, Bridge Branch, 909 S.E. 1st Ave., Miami,
FL 33131, telephone number 305-415-6744. 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 June 4, 2009, we published a notice of proposed rulemaking
(NPRM) entitled CSX Railroad, Trout River, mile 0.9, Jacksonville, FL
in the Federal Register (74 FR 106). We received no comments on the
proposed rule. No public meeting was requested, and none was held.
Background and Purpose
The bridge owner, CSX Railroad, has requested that the Coast Guard
remove the existing regulations governing the operation of the CSX
Railroad Bridge over the Trout River and allow the bridge to operate
utilizing an automated system. The request is made because there are
only four train transits per day that are short in duration. Under the
proposed rule, the bridge would remain in the open position to vessel
traffic at all times, closing only to accommodate train traffic.
The CSX Railroad Bridge is located on the Trout River, mile 0.9,
Jacksonville, Florida. The current regulation governing the operation
of the CSX Railroad Bridge is published in 33 CFR 117.337 and requires
the bridge to open on signal from 6 a.m. until 10 p.m.; and from 10
p.m. until 6 a.m. the draw shall open on signal if at least 12 hours
notice is given.
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. This rule will provide less restrictive
vessel traffic flow as the bridge will be in the open position and only
lowered when a train approaches the bridge.
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 will
not have a significant economic impact on a substantial number of small
entities.
This rule will have less of an impact on small entities as the
bridge will be in the open position and will be closed for short
periods of time as trains transit across this bridge.
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 the rule so that they could
better evaluate its effects on them and participate in the rulemaking
process.
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 does not create an
environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
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
[[Page 24402]]
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.
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For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
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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.
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2. Revise Sec. 117.337 as follows:
Sec. 117.337 Trout River.
The draw of the CSX Railroad Bridge across the Trout River, mile
0.9 at Jacksonville, operates as follows:
(a) The bridge is not tended.
(b) The draw is normally in the fully open position, displaying
green lights to indicate that vessels may pass.
(c) As a train approaches, provided the scanners do not detect a
vessel under the draw, the lights change to flashing red and a horn
continuously sounds while the draw closes. The draw remains closed
until the train passes.
(d) After the train clears the bridge, the lights continue to flash
red and the horn again continuously sounds while the draw opens, until
the draw is fully open and the lights return to green.
Dated: April 21, 2010.
R.S. Branham,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 2010-10497 Filed 5-4-10; 8:45 am]
BILLING CODE 9110-04-P