Navigation and Navigable Waters; Technical, Organizational, and Conforming Amendments, Bridges, 49408-49411 [2010-19890]

Download as PDF 49408 Federal Register / Vol. 75, No. 156 / Friday, August 13, 2010 / Rules and Regulations PBGC has determined that notice and public comment on this amendment are impracticable and contrary to the public interest. This finding is based on the need to determine and issue new interest assumptions promptly so that the assumptions can reflect current market conditions as accurately as possible. Because of the need to provide immediate guidance for the valuation and payment of benefits in plans with valuation dates during September 2010, PBGC finds that good cause exists for making the assumptions set forth in this amendment effective less than 30 days after publication. For plans with a valuation date Rate set On or after * Before PBGC has determined that this action is not a ‘‘significant regulatory action’’ under the criteria set forth in Executive Order 12866. Because no general notice of proposed rulemaking is required for this amendment, the Regulatory Flexibility Act of 1980 does not apply. See 5 U.S.C. 601(2). 203 9–1–10 3. In appendix C to Part 4022, Rate Set 203, is added to the table, as set forth below: In consideration of the foregoing, 29 CFR Part 4022 is amended as follows: For plans with a valuation date On or after * Before * 203 9–1–10 BILLING CODE 7709–01–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Parts 1, 114, 115, 116, 117, and 118 erowe on DSK5CLS3C1PROD with RULES [Docket No. USCG–2010–0351] RIN 1625–ZA25 Navigation and Navigable Waters; Technical, Organizational, and Conforming Amendments, Bridges AGENCY: Coast Guard, DHS. VerDate Mar<15>2010 15:00 Aug 12, 2010 * 2.25 Jkt 220001 * * * i3 * 4.00 n1 * 4.00 4.00 n2 * 7 8 n1 n2 Appendix C to Part 4022—Lump Sum Interest Rates for Private-Sector Payments * * * * Deferred annuities (percent) Immediate annuity rate (percent) 10–1–10 [FR Doc. 2010–20000 Filed 8–12–10; 8:45 am] * i2 i1 i1 * Issued in Washington, DC, on this 6th day of August 2010. Vincent K. Snowbarger, Deputy Director for Operations, Pension Benefit Guaranty Corporation. * Deferred annuities (percent) Immediate annuity rate (percent) * Rate set Appendix B to Part 4022—Lump Sum Interest Rates For PBGC Payments ■ * ■ Authority: 29 U.S.C. 1302, 1322, 1322b, 1341(c)(3)(D), and 1344. 2. In appendix B to Part 4022, Rate Set 203, is added to the table, as set forth below: Employee benefit plans, Pension insurance, Pensions, Reporting and recordkeeping requirements. 10–1–10 1. The authority citation for Part 4022 continues to read as follows: ■ ■ List of Subjects in 29 CFR Part 4022 * PART 4022—BENEFITS PAYABLE IN TERMINATED SINGLE–EMPLOYER PLANS i2 * 2.25 ACTION: i3 * 4.00 4.00 Final rule. This rule makes nonsubstantive changes throughout our regulations. The purpose of this rule is to make conforming amendments and technical corrections to Coast Guard bridge and navigable waters regulations. This rule will have no substantive effect on the regulated public. DATES: This final rule is effective August 13, 2010. ADDRESSES: Comments and material received from the public, as well as documents mentioned in this preamble as being available in the docket, are part of docket USCG–2010–0351 and are 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. You may also SUMMARY: PO 00000 Frm 00058 Fmt 4700 Sfmt 4700 * 4.00 * 7 8 find this docket on the Internet by going to https://www.regulations.gov, inserting USCG–2010–0351 in the ‘‘Keyword’’ box, and then clicking ‘‘Search.’’ FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or e-mail Diane LaCumsky, Coast Guard; telephone 202–372–1025, e-mail Diane.M.LaCumsky@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 History We did not publish a notice of proposed rulemaking (NPRM) for this rule. Under 5 U.S.C. 553(b)(3)(A), the Coast Guard finds this rule is exempt from notice and comment rulemaking requirements because these changes involve rules of agency organization, procedure, or practice. In addition, the Coast Guard finds notice and comment E:\FR\FM\13AUR1.SGM 13AUR1 Federal Register / Vol. 75, No. 156 / Friday, August 13, 2010 / Rules and Regulations procedure are unnecessary under 5 U.S.C. 553 (b)(3)(B) as this rule consists only of corrections and editorial, organizational, and conforming amendments and these changes will have no substantive effect on the public. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that, for the same reasons, good cause exists for making this rule effective upon publication in the Federal Register. erowe on DSK5CLS3C1PROD with RULES Basis and Purpose This rule makes technical and editorial corrections to title 33 parts 1, 114, 115, 116, 117, and 118 in the Code of Federal Regulations. This rule does not create any substantive requirements on the public. Discussion of Rule This rule amends 33 CFR part 1 to reflect changes in agency organization by removing § 1.01–60 (a)(1)(iii). The Coast Guard is no longer under the Department of Transportation (DOT), therefore DOT Order 5610.1C (Procedures for Considering Environmental Impacts) referenced in this section no longer applies. However, paragraph (a)(1)(ii) will remain until it is confirmed that there are no longer any DOT 4(f) determinations requiring Coast Guard attention. This rule amends 33 CFR parts 115 and 116 to clarify the regulations by replacing the word ‘‘hearing’’ with the word ‘‘meeting’’ in § 115.60(c), and the word ‘‘evidence’’ with ‘‘information’’ in § 116.01(d). This change has no substantive effect on how the Coast Guard currently announces or gathers public opinion or other information regarding bridge matters, nor will it change the substance of the public’s involvement in the process. The terms ‘‘hearing’’ and ‘‘evidence’’ have definitive legal definitions which are not applicable in these instances. Changing the terms to ‘‘meeting’’ and ‘‘information’’ better represents established Coast Guard procedures regarding the public’s role in commenting on proposed bridge actions set forth in these regulations and reduces confusion among members of the public. Additionally, ‘‘meeting’’ and ‘‘information’’ are the terms used throughout 33 CFR parts 115 and 116, and this change conforms the regulations with the remainder of the Parts. This rule amends 33 CFR part 117 to correct: the name change of the Leon C. Simon Blvd. (Seabrook) bridge to the Senator Ted Hickey bridge in § 117.458(c), and a typographical error in § 117.557 changing mile marker 0.9 to 1.0. VerDate Mar<15>2010 15:00 Aug 12, 2010 Jkt 220001 This rule updates various addresses for Coast Guard offices throughout title 33 parts 114, 116, and 118 in order to conform to new mailing addresses and mailing address formats that came into use June 15, 2009. This rule updates internal Coast Guard office designators, as well as certain personnel titles throughout title 33 parts 114, 116 and 118. Changes in personnel titles included in this rule are only technical revisions reflecting changes in agency procedure and organization, and do not indicate new authorities. 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. Because this rule involves nonsubstantive changes and internal agency practices and procedures, it will not impose any additional costs on the 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. We estimate this rule will not impose any additional costs and should have little or no impact on small entities because the provisions of this rule are technical and non-substantive, and will have no substantive effect on the public and will impose no additional costs. Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that this final rule will not have a significant economic impact on a substantial number of small entities. 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). PO 00000 Frm 00059 Fmt 4700 Sfmt 4700 49409 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 (adjusted for inflation) 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 cause 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 may 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 E:\FR\FM\13AUR1.SGM 13AUR1 49410 Federal Register / Vol. 75, No. 156 / Friday, August 13, 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 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 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. erowe on DSK5CLS3C1PROD with RULES Environment We have analyzed this rule under Department of Homeland Security Management Directive 023–01 and Commandant Instruction M16475.lD, which guide 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 that do not individually or cumulatively have a significant effect on the human environment. This rule is categorically excluded under section 2.B.2, figure 2– 1, paragraph (34)(a) of the Instruction. This rule involves regulations which are editorial and/or procedural, such as those updating addresses or establishing application procedures. An environmental analysis checklist and a categorical exclusion determination are available in the docket where indicated under ADDRESSES. List of Subjects 33 CFR Part 1 Administrative practice and procedure, Authority delegations VerDate Mar<15>2010 15:00 Aug 12, 2010 Jkt 220001 33 CFR Parts 114, 115, 116, 117 and 118 Bridges. ■ For the reasons discussed in the preamble, the Coast Guard amends 33 parts 1, 114, 115, 116, 117 and 118. Authority: c. 425, sec. 9, 30 Stat. 1151 (33 U.S.C. 401); c. 1130, sec. 1, 34 Stat. 84 (33 U.S.C. 491); sec. 5, 28 Stat. 362, as amended (33 U.S.C. 499); sec. 11, 54 Stat. 501, as amended (33 U.S.C. 521); c. 753, Title V, sec. 502, 60 Stat. 847, as amended (33 U.S.C. 525); 86 Stat. 732 (33 U.S.C. 535); 14 U.S.C. 633; sec. g(6), 80 Stat. 941 (49 U.S.C. 1655(g)); 49 CFR 1.46(c). PART 1—GENERAL PROVISIONS § 115.60 1. The authority citation for part 1 continues to read as follows: ■ (Government agencies), Freedom of information, Penalties. ■ Authority: 14 U.S.C. 633; 33 U.S.C. 401, 491, 525, 1321, 2716, and 2716a; 42 U.S.C. 9615; 49 U.S.C. 322; Department of Homeland Security Delegation No. 0170.1; section 1.01–70 also issued under the authority of E.O. 12580, 3 CFR, 1987 Comp., p. 193; and sections 1.01–80 and 1.01–85 also issued under the authority of E.O. 12777, 3 CFR, 1991 Comp., p. 351. § 1.01–60 [Amended] 2. In § 1.01–60, remove paragraph (a)(1)(iii). ■ PART 114—GENERAL 3. The authority citation for part 114 continues to read as follows: ■ Authority: 33 U.S.C. 401, 406, 491, 494, 495, 499, 502, 511, 513, 514, 516, 517, 519, 521, 522, 523, 525, 528, 530, 533, and 535(c), (e), and (h); 14 U.S.C. 633; 49 U.S.C. 1655(g); Pub. L. 107–296, 116 Stat. 2135; 33 CFR 1.05–1 and 1.01–60, Department of Homeland Security Delegation Number 0170.1. 4. Revise § 114.05(l) to read as follows: ■ § 114.05 Definitions. * * * * * (l) Deputy Commandant for Operations. The term ‘‘Deputy Commandant for Operations’’ means the officer of the Coast Guard designated by the Commandant as the staff officer in charge of ‘‘Operations’’ (DCO), U.S. Coast Guard Headquarters. * * * * * § 114.50 PART 115—BRIDGE LOCATIONS AND CLEARANCE; ADMINISTRATIVE PROCEDURES 6. The authority citation for part 115 continues to read as follows: ■ Frm 00060 Fmt 4700 PART 116—ALTERATION OF UNREASONABLY OBSTRUCTIVE BRIDGES 8. The authority citation for part 116 continues to read as follows: ■ Authority: 33 U.S.C. 401, 521; 49 U.S.C. 1655(g); 49 CFR 1.4, 1.46(c). § 116.01 [Amended] 9. In § 116.01(d), remove the phrase ‘‘offer evidence’’ and add in its place, the phrase ‘‘provide information’’. ■ § 116.10 [Amended] 10. In § 116.10 paragraph (c), remove the words ‘‘Administrator, Bridge Administration Programs’’ and add, in their place, the words ‘‘Administrator, Office of Bridge Programs’’. ■ § 116.15 [Amended] 11. In § 116.15 paragraphs (c) and (d), remove the words ‘‘Administrator, Bridge Administration Program’’ and add, in their place, the words ‘‘Administrator, Office of Bridge Programs’’. ■ § 116.20 [Amended] 12. In § 116.20 paragraphs (a) and (b), remove the words ‘‘Administrator, Bridge Administration Program’’ and add, in their place, the words ‘‘Administrator, Office of Bridge Programs’’. ■ § 116.25 [Amended] 13. In § 116.25(a), remove the words ‘‘Administrator, Bridge Administration Program’’ and add, in their place, the words ‘‘Administrator, Office of Bridge Programs’’. ■ [Amended] 5. In § 114.50, remove the phrase ‘‘Administrator, Bridge Administration Programs (CG–5411), 2100 2nd St., SW., Stop 7581, Washington, DC 20593– 7581’’ and add, in its place, the phrase ‘‘Administrator, Office of Bridge Programs, (CG–551), 2100 2nd St., SW., Stop 7683, Washington, DC 20593– 7683’’. ■ PO 00000 [Amended] 7. In § 115.60(c), remove the word ‘‘hearings’’ and add in its place, the word ‘‘meeting’’. Sfmt 4700 § 116.30 [Amended] 14. In the heading and paragraphs (a), (d), (e) and (g) of § 116.30, remove the words ‘‘Administrator, Bridge Administration Program’’ and add, in their place, the words ‘‘Administrator, Office of Bridge Programs’’. ■ § 116.35 [Amended] 15. In § 116.35(c), remove the words ‘‘Administrator, Bridge Administration ■ E:\FR\FM\13AUR1.SGM 13AUR1 Federal Register / Vol. 75, No. 156 / Friday, August 13, 2010 / Rules and Regulations Program’’ and add, in their place, the words ‘‘Administrator, Office of Bridge Programs’’. § 116.40 [Amended] 16. In § 116.40 paragraphs (a), (b), and (c) remove the words ‘‘Administrator, Bridge Administration Program’’ and add, in their place, the words ‘‘Administrator, Office of Bridge Programs’’. ■ § 116.45 [Amended] 17. In § 116.45(a), remove the words ‘‘Administrator, Bridge Administration Program’’ and add, in their place, the words ‘‘Administrator, Office of Bridge Programs’’. ■ § 116.55 [Amended] 18. Amend § 116.55 as follows: a. In paragraph (a), remove the phrase ‘‘Administrator, Bridge Administration Program’’ and add in its place ‘‘Administrator, Office of Bridge Programs’’; and ■ b. In paragraph (b), remove the phrase ‘‘Administrator’s, Bridge Administration Program’’ and add in its place ‘‘Administrator, Office of Bridge Programs’’; and ■ c. In paragraph (b), remove the phrase ‘‘Assistant Commandant for Operations, U.S. Coast Guard, (CG–3), 2100 2nd Street, SW., Washington, DC 20593– 7238’’ and add, in its place, the phrase ‘‘Deputy Commandant of Operations, U.S. Coast Guard,(CG–DCO), 2100 2nd St., SW., Stop 7355, Washington, DC 20593–7355’’; and ■ d. In paragraph (b), remove the phrase ‘‘Assistant Commandant for Operations’’ from the last sentence and add in its place, the phrase ‘‘Deputy Commandant of Operations’’. ■ ■ PART 117—DRAWBRIDGE OPERATION REGULATION 19. The authority citation for part 118 continues to read as follows: ■ Authority: 33 U.S.C. 499; 33 CFR 1.05–1; and Department of Homeland Security Delegation No. 0170.1. § 117.458 [Amended] 20. In § 117.458(c) change the name of the bridge from the ‘‘Leon C. Simon Blvd. (Seabrook) bridge’’ to the ‘‘Senator Ted Hickey Bridge’’. erowe on DSK5CLS3C1PROD with RULES ■ § 117.557 [Amended] 21. In § 117.557, remove the number ‘‘0.9’’ and add, in its place, the number ‘‘1.0’’. ■ VerDate Mar<15>2010 15:00 Aug 12, 2010 Jkt 220001 PART 118—BRIDGE LIGHTING AND OTHER SIGNALS 22. The authority citation for part 118 continues to read as follows: ■ Authority: 33 U.S.C. 494; 14 U.S.C. 85, 633; Department of Homeland Security Delegation No. 0170.1. § 118.3 [Amended] 23. In § 118.3(b), remove the phrase ‘‘Administrator, Bridge Administration Program, room 3500, (CG–5411), 2100 2nd St., SW., Stop 7581, Washington, DC 20593–7581’’ and add, in its place, the phrase ‘‘Administrator, Office of Bridge Programs, (CG–551), 2100 2nd St. SW., Stop 7683, Washington, DC 20593–7683’’. ■ Dated: August 6, 2010. Steve Venckus, Chief, Office of Regulations and Administrative Law, United States Coast Guard. [FR Doc. 2010–19890 Filed 8–12–10; 8:45 am] BILLING CODE P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 138 [USCG–2008–0007] RIN 1625–AB25 Consumer Price Index Adjustments of Oil Pollution Act of 1990 Limits of Liability—Vessels and Deepwater Ports Coast Guard, DHS. Rule; information collection approval. AGENCY: ACTION: On July 1, 2009, the Coast Guard amended the Oil Pollution Act of 1990 limits of liability for vessels and deepwater ports to reflect significant increases in the Consumer Price Index. The amendment triggered information collection requirements affecting vessel operators required to establish evidence of financial responsibility. This notice announces that the collection of information has been approved by the Office of Management and Budget (OMB) and may now be enforced. The OMB Control Number is 1625–0046. DATES: The collection of information requirement under 33 CFR 138.85 will be enforced from August 13, 2010. FOR FURTHER INFORMATION CONTACT: If you have questions on this document contact Mr. Benjamin White, National Pollution Funds Center, Coast Guard, telephone 202–493–6863, e-mail SUMMARY: PO 00000 Frm 00061 Fmt 4700 Sfmt 4700 49411 Benjamin.H.White@uscg.mil. If you have questions on viewing the docket (USCG–2005–21780), call Ms. Renee V. Wright, Program Manager, Docket Operations, telephone 202–366–9826. On July 1, 2009, the Coast Guard published an interim rule entitled ‘‘Consumer Price Index Adjustments of Oil Pollution Act of 1990 Limits of Liability—Vessels and Deepwater Ports’’ (74 FR 31357) (CPI interim rule). This interim rule amended the Oil Pollution Act of 1990 limits of liability for vessels and deepwater ports under 33 CFR part 138 subpart B to reflect significant increases in the Consumer Price Index as required by 33 U.S.C. 2704(d)(4). These limit of liability amendments triggered information collection requirements under 33 CFR 138.85. This provision requires operators of vessels to establish evidence of financial responsibility under OPA 90, 33 U.S.C. 2716, acceptable to the Director, National Pollution Funds Center, in an amount equal to or greater than the total applicable amounts determined under 33 CFR 138.80(f). The total applicable amounts are, in turn, determined by reference to the limits of liability in 33 CFR part 138, subpart B. On January 6, 2010, the Coast Guard published a final rule adopting the interim rule without change (75 FR 750). With the exception of this collection of information, the CPI interim rule limit of liability amendments became effective on July 31, 2009. As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520), the preambles to the interim rule and the final rule stated that the Coast Guard would not enforce the collection of information requirements occurring under 33 CFR 138.85 until the collection of information request was approved by OMB, and also stated that the Coast Guard would publish a notice in the Federal Register announcing that OMB approved and assigned a control number for the requirement. The Coast Guard submitted the information collection request to OMB for approval in accordance with the Paperwork Reduction Act of 1995. On June 18, 2010, OMB approved the collection of information and assigned the collection OMB Control Number 1625–0046 entitled ‘‘Financial Responsibility for Water Pollution (Vessels).’’ The approval for this collection of information expires on July 31, 2012. A copy of the OMB notice of action is available in our online docket at https://www.regulations.gov. SUPPLEMENTARY INFORMATION: E:\FR\FM\13AUR1.SGM 13AUR1

Agencies

[Federal Register Volume 75, Number 156 (Friday, August 13, 2010)]
[Rules and Regulations]
[Pages 49408-49411]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-19890]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 1, 114, 115, 116, 117, and 118

[Docket No. USCG-2010-0351]
RIN 1625-ZA25


Navigation and Navigable Waters; Technical, Organizational, and 
Conforming Amendments, Bridges

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

SUMMARY: This rule makes non-substantive changes throughout our 
regulations. The purpose of this rule is to make conforming amendments 
and technical corrections to Coast Guard bridge and navigable waters 
regulations. This rule will have no substantive effect on the regulated 
public.

DATES: This final rule is effective August 13, 2010.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2010-0351 and are 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. You may also find this 
docket on the Internet by going to https://www.regulations.gov, 
inserting USCG-2010-0351 in the ``Keyword'' box, and then clicking 
``Search.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or e-mail Diane LaCumsky, Coast Guard; telephone 202-372-1025, e-
mail Diane.M.LaCumsky@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 History

    We did not publish a notice of proposed rulemaking (NPRM) for this 
rule. Under 5 U.S.C. 553(b)(3)(A), the Coast Guard finds this rule is 
exempt from notice and comment rulemaking requirements because these 
changes involve rules of agency organization, procedure, or practice. 
In addition, the Coast Guard finds notice and comment

[[Page 49409]]

procedure are unnecessary under 5 U.S.C. 553 (b)(3)(B) as this rule 
consists only of corrections and editorial, organizational, and 
conforming amendments and these changes will have no substantive effect 
on the public.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that, for the same 
reasons, good cause exists for making this rule effective upon 
publication in the Federal Register.

Basis and Purpose

    This rule makes technical and editorial corrections to title 33 
parts 1, 114, 115, 116, 117, and 118 in the Code of Federal 
Regulations. This rule does not create any substantive requirements on 
the public.

Discussion of Rule

    This rule amends 33 CFR part 1 to reflect changes in agency 
organization by removing Sec.  1.01-60 (a)(1)(iii). The Coast Guard is 
no longer under the Department of Transportation (DOT), therefore DOT 
Order 5610.1C (Procedures for Considering Environmental Impacts) 
referenced in this section no longer applies. However, paragraph 
(a)(1)(ii) will remain until it is confirmed that there are no longer 
any DOT 4(f) determinations requiring Coast Guard attention.
    This rule amends 33 CFR parts 115 and 116 to clarify the 
regulations by replacing the word ``hearing'' with the word ``meeting'' 
in Sec.  115.60(c), and the word ``evidence'' with ``information'' in 
Sec.  116.01(d). This change has no substantive effect on how the Coast 
Guard currently announces or gathers public opinion or other 
information regarding bridge matters, nor will it change the substance 
of the public's involvement in the process. The terms ``hearing'' and 
``evidence'' have definitive legal definitions which are not applicable 
in these instances. Changing the terms to ``meeting'' and 
``information'' better represents established Coast Guard procedures 
regarding the public's role in commenting on proposed bridge actions 
set forth in these regulations and reduces confusion among members of 
the public. Additionally, ``meeting'' and ``information'' are the terms 
used throughout 33 CFR parts 115 and 116, and this change conforms the 
regulations with the remainder of the Parts.
    This rule amends 33 CFR part 117 to correct: the name change of the 
Leon C. Simon Blvd. (Seabrook) bridge to the Senator Ted Hickey bridge 
in Sec.  117.458(c), and a typographical error in Sec.  117.557 
changing mile marker 0.9 to 1.0.
    This rule updates various addresses for Coast Guard offices 
throughout title 33 parts 114, 116, and 118 in order to conform to new 
mailing addresses and mailing address formats that came into use June 
15, 2009. This rule updates internal Coast Guard office designators, as 
well as certain personnel titles throughout title 33 parts 114, 116 and 
118. Changes in personnel titles included in this rule are only 
technical revisions reflecting changes in agency procedure and 
organization, and do not indicate new authorities.

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. Because this rule involves non-
substantive changes and internal agency practices and procedures, it 
will not impose any additional costs on the 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.
    We estimate this rule will not impose any additional costs and 
should have little or no impact on small entities because the 
provisions of this rule are technical and non-substantive, and will 
have no substantive effect on the public and will impose no additional 
costs. Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that 
this final rule will not have a significant economic impact on a 
substantial number of small entities.

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 (adjusted for 
inflation) 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 cause 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 may 
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

[[Page 49410]]

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 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 
guide 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 that do not 
individually or cumulatively have a significant effect on the human 
environment. This rule is categorically excluded under section 2.B.2, 
figure 2-1, paragraph (34)(a) of the Instruction. This rule involves 
regulations which are editorial and/or procedural, such as those 
updating addresses or establishing application procedures. An 
environmental analysis checklist and a categorical exclusion 
determination are available in the docket where indicated under 
ADDRESSES.

List of Subjects

33 CFR Part 1

    Administrative practice and procedure, Authority delegations 
(Government agencies), Freedom of information, Penalties.

33 CFR Parts 114, 115, 116, 117 and 118

    Bridges.

0
For the reasons discussed in the preamble, the Coast Guard amends 33 
parts 1, 114, 115, 116, 117 and 118.

PART 1--GENERAL PROVISIONS

0
1. The authority citation for part 1 continues to read as follows:

    Authority: 14 U.S.C. 633; 33 U.S.C. 401, 491, 525, 1321, 2716, 
and 2716a; 42 U.S.C. 9615; 49 U.S.C. 322; Department of Homeland 
Security Delegation No. 0170.1; section 1.01-70 also issued under 
the authority of E.O. 12580, 3 CFR, 1987 Comp., p. 193; and sections 
1.01-80 and 1.01-85 also issued under the authority of E.O. 12777, 3 
CFR, 1991 Comp., p. 351.


Sec.  1.01-60  [Amended]

0
2. In Sec.  1.01-60, remove paragraph (a)(1)(iii).

PART 114--GENERAL

0
3. The authority citation for part 114 continues to read as follows:

    Authority:  33 U.S.C. 401, 406, 491, 494, 495, 499, 502, 511, 
513, 514, 516, 517, 519, 521, 522, 523, 525, 528, 530, 533, and 
535(c), (e), and (h); 14 U.S.C. 633; 49 U.S.C. 1655(g); Pub. L. 107-
296, 116 Stat. 2135; 33 CFR 1.05-1 and 1.01-60, Department of 
Homeland Security Delegation Number 0170.1.


0
4. Revise Sec.  114.05(l) to read as follows:


Sec.  114.05  Definitions.

* * * * *
    (l) Deputy Commandant for Operations. The term ``Deputy Commandant 
for Operations'' means the officer of the Coast Guard designated by the 
Commandant as the staff officer in charge of ``Operations'' (DCO), U.S. 
Coast Guard Headquarters.
* * * * *


Sec.  114.50  [Amended]

0
5. In Sec.  114.50, remove the phrase ``Administrator, Bridge 
Administration Programs (CG-5411), 2100 2nd St., SW., Stop 7581, 
Washington, DC 20593-7581'' and add, in its place, the phrase 
``Administrator, Office of Bridge Programs, (CG-551), 2100 2nd St., 
SW., Stop 7683, Washington, DC 20593-7683''.

PART 115--BRIDGE LOCATIONS AND CLEARANCE; ADMINISTRATIVE PROCEDURES

0
6. The authority citation for part 115 continues to read as follows:

    Authority:  c. 425, sec. 9, 30 Stat. 1151 (33 U.S.C. 401); c. 
1130, sec. 1, 34 Stat. 84 (33 U.S.C. 491); sec. 5, 28 Stat. 362, as 
amended (33 U.S.C. 499); sec. 11, 54 Stat. 501, as amended (33 
U.S.C. 521); c. 753, Title V, sec. 502, 60 Stat. 847, as amended (33 
U.S.C. 525); 86 Stat. 732 (33 U.S.C. 535); 14 U.S.C. 633; sec. g(6), 
80 Stat. 941 (49 U.S.C. 1655(g)); 49 CFR 1.46(c).


Sec.  115.60  [Amended]

0
7. In Sec.  115.60(c), remove the word ``hearings'' and add in its 
place, the word ``meeting''.

PART 116--ALTERATION OF UNREASONABLY OBSTRUCTIVE BRIDGES

0
8. The authority citation for part 116 continues to read as follows:

    Authority:  33 U.S.C. 401, 521; 49 U.S.C. 1655(g); 49 CFR 1.4, 
1.46(c).


Sec.  116.01  [Amended]

0
9. In Sec.  116.01(d), remove the phrase ``offer evidence'' and add in 
its place, the phrase ``provide information''.


Sec.  116.10  [Amended]

0
10. In Sec.  116.10 paragraph (c), remove the words ``Administrator, 
Bridge Administration Programs'' and add, in their place, the words 
``Administrator, Office of Bridge Programs''.


Sec.  116.15  [Amended]

0
11. In Sec.  116.15 paragraphs (c) and (d), remove the words 
``Administrator, Bridge Administration Program'' and add, in their 
place, the words ``Administrator, Office of Bridge Programs''.


Sec.  116.20  [Amended]

0
12. In Sec.  116.20 paragraphs (a) and (b), remove the words 
``Administrator, Bridge Administration Program'' and add, in their 
place, the words ``Administrator, Office of Bridge Programs''.


Sec.  116.25  [Amended]

0
13. In Sec.  116.25(a), remove the words ``Administrator, Bridge 
Administration Program'' and add, in their place, the words 
``Administrator, Office of Bridge Programs''.


Sec.  116.30  [Amended]

0
14. In the heading and paragraphs (a), (d), (e) and (g) of Sec.  
116.30, remove the words ``Administrator, Bridge Administration 
Program'' and add, in their place, the words ``Administrator, Office of 
Bridge Programs''.


Sec.  116.35  [Amended]

0
15. In Sec.  116.35(c), remove the words ``Administrator, Bridge 
Administration

[[Page 49411]]

Program'' and add, in their place, the words ``Administrator, Office of 
Bridge Programs''.


Sec.  116.40  [Amended]

0
16. In Sec.  116.40 paragraphs (a), (b), and (c) remove the words 
``Administrator, Bridge Administration Program'' and add, in their 
place, the words ``Administrator, Office of Bridge Programs''.


Sec.  116.45  [Amended]

0
17. In Sec.  116.45(a), remove the words ``Administrator, Bridge 
Administration Program'' and add, in their place, the words 
``Administrator, Office of Bridge Programs''.


Sec.  116.55  [Amended]

0
18. Amend Sec.  116.55 as follows:
0
a. In paragraph (a), remove the phrase ``Administrator, Bridge 
Administration Program'' and add in its place ``Administrator, Office 
of Bridge Programs''; and
0
b. In paragraph (b), remove the phrase ``Administrator's, Bridge 
Administration Program'' and add in its place ``Administrator, Office 
of Bridge Programs''; and
0
c. In paragraph (b), remove the phrase ``Assistant Commandant for 
Operations, U.S. Coast Guard, (CG-3), 2100 2nd Street, SW., Washington, 
DC 20593-7238'' and add, in its place, the phrase ``Deputy Commandant 
of Operations, U.S. Coast Guard,(CG-DCO), 2100 2nd St., SW., Stop 7355, 
Washington, DC 20593-7355''; and
0
d. In paragraph (b), remove the phrase ``Assistant Commandant for 
Operations'' from the last sentence and add in its place, the phrase 
``Deputy Commandant of Operations''.

PART 117--DRAWBRIDGE OPERATION REGULATION

0
19. The authority citation for part 118 continues to read as follows:

    Authority:  33 U.S.C. 499; 33 CFR 1.05-1; and Department of 
Homeland Security Delegation No. 0170.1.


Sec.  117.458  [Amended]

0
20. In Sec.  117.458(c) change the name of the bridge from the ``Leon 
C. Simon Blvd. (Seabrook) bridge'' to the ``Senator Ted Hickey 
Bridge''.


Sec.  117.557  [Amended]

0
21. In Sec.  117.557, remove the number ``0.9'' and add, in its place, 
the number ``1.0''.

PART 118--BRIDGE LIGHTING AND OTHER SIGNALS

0
22. The authority citation for part 118 continues to read as follows:

    Authority:  33 U.S.C. 494; 14 U.S.C. 85, 633; Department of 
Homeland Security Delegation No. 0170.1.


Sec.  118.3  [Amended]

0
23. In Sec.  118.3(b), remove the phrase ``Administrator, Bridge 
Administration Program, room 3500, (CG-5411), 2100 2nd St., SW., Stop 
7581, Washington, DC 20593-7581'' and add, in its place, the phrase 
``Administrator, Office of Bridge Programs, (CG-551), 2100 2nd St. SW., 
Stop 7683, Washington, DC 20593-7683''.

    Dated: August 6, 2010.
Steve Venckus,
Chief, Office of Regulations and Administrative Law, United States 
Coast Guard.
[FR Doc. 2010-19890 Filed 8-12-10; 8:45 am]
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