Drawbridge Operation Regulation; Arkansas Waterway, Pine Bluff, AR, 65230-65232 [2010-26672]
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emcdonald on DSK2BSOYB1PROD with RULES
65230
Federal Register / Vol. 75, No. 204 / Friday, October 22, 2010 / Rules and Regulations
enforcement purposes. This system of
records continues to contain
investigatory material compiled for law
enforcement purposes.
These regulations are being published
as a final rule because the amendments
do not impose any requirements on any
member of the public and do not alter
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which the Departmental Offices
currently handle FOIA and PA
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most efficient means for the Treasury
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FOIA and the Privacy Act. Accordingly,
pursuant to 5 U.S.C. 553(b)(B) and
(d)(3), the Department of the Treasury
finds good cause that prior notice and
other public procedure with respect to
this rule are impracticable and
unnecessary and finds good cause for
making this rule effective on the date of
publication in the Federal Register.
The Department has determined that
a notice of proposed rulemaking
pursuant to 5 U.S.C. 553(b) is not
required because these regulatory
amendments do not change the legal
effects of the current regulations nor do
they have any impact on those
regulated. The amendment updates a
name change to an existing system.
As required by Executive Order
12866, it has been determined that this
rule is not a significant regulatory
action, and therefore, does not require a
regulatory impact analysis.
The regulation will not have a
substantial direct effect on the States, on
the relationship between the Federal
Government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. Therefore, it is
determined that this rule does not have
federalism implications under Executive
Order 13132.
Pursuant to the requirements of the
Regulatory Flexibility Act, 5 U.S.C. 601–
612, it is hereby certified that these
regulations will not significantly affect a
substantial number of small entities.
The rule imposes no duties or
obligations on small entities.
In accordance with the provisions of
the Paperwork Reduction Act of 1995,
the Department of the Treasury has
determined that this rule would not
impose new recordkeeping, application,
reporting, or other types of information
collection requirements.
List of Subjects in 31 CFR Part 1
Privacy.
Part 1, subpart C of title 31 of the Code
of Federal Regulations is amended as
follows:
■
VerDate Mar<15>2010
16:27 Oct 21, 2010
Jkt 223001
PART 1—[AMENDED]
1. The authority citation for part 1
continues to read as follows:
■
Authority: 5 U.S.C. 301 and 31 U.S.C. 321.
Subpart A also issued under 5 U.S.C. 552 as
amended. Subpart C also issued under 5
U.S.C. 552a.
2. Section 1.36 paragraph (g)(1)(viii) is
amended by revising the entry ‘‘IRS
37.009’’ to read as follows:
■
§ 1.36 Systems exempt in whole or in part
from provisions of 5 U.S.C. 522a and this
subpart.
*
*
(g) * *
(1) * *
(viii) *
*
*
*
* *
*
*
No.
System name
*
*
*
*
*
IRS 37.009 ................ Enrolled Agent and
Enrolled Retirement
Plan Agent
Records.
*
*
*
*
*
Dated: September 28, 2010.
Melissa Hartman,
Deputy Assistant Secretary for Privacy,
Transparency, and Records.
[FR Doc. 2010–26327 Filed 10–21–10; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2010–0441]
RIN 1625–AA09
Drawbridge Operation Regulation;
Arkansas Waterway, Pine Bluff, AR
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
Drawbridge operations for the
Rob Roy Railroad Drawbridge across the
Arkansas Waterway at Mile 67.4 at Pine
Bluff, Arkansas. Vessel operators shall
contact the remote drawbridge operator
via microphone keying four times
within in five seconds on VHF–FM
Channel 12 when requesting a draw
opening. This keying will activate an
indicator on the remote drawbridge
operator’s console and send an
acknowledgement tone back to the
vessel. The remote drawbridge operator
will then establish verbal radio
SUMMARY:
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Fmt 4700
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communications with the vessel and
operate the drawspan as normal.
DATES: This rule is effective on
November 22, 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–2010–
0441 and are available online by going
to https://www.regulations.gov, inserting
USCG–2010–0441 in the ‘‘Keyword’’
box, and then clicking ‘‘Search.’’ This
material is also available for inspection
or copying at the Docket Management
Facility (M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
e-mail Mr. Eric A Washburn, Bridge
Administrator, Coast Guard; telephone
(314) 269–2378, email
Eric.Washburn@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 June 25, 2010, we published a
notice of proposed rulemaking (NPRM)
entitled Drawbridge Operation
Regulation; Arkansas Waterway, Pine
Bluff, AR in the Federal Register (75 FR
122). We received no comments on the
proposed rule. No public meeting was
requested, and none was held.
Background and Purpose
The Arkansas Waterway is a part of
the McClellan-Kerr Arkansas River
Navigation System. The System rises in
the vicinity of Catoosa, Oklahoma, and
embraces improved natural waterways
and a canal to empty into the
Mississippi River in southeast Arkansas.
The Arkansas Waterway drawbridge
operation regulations contained in 33
CFR 117.123(a), state that the draw of
the Rob Roy Railroad Drawbridge, mile
67.4, at Pine Bluff, Arkansas, is
maintained in the closed to navigation
position and is remotely operated.
Vessels requesting an opening shall
establish contact by radio/telephone
with the remote drawbridge operator on
VHF–FM Channel 12 in Omaha,
Nebraska.
In order to better differentiate
between vessel and rail traffic for the
remote drawbridge operator, Union
Pacific Railroad requested this
drawbridge be operated where vessels
E:\FR\FM\22OCR1.SGM
22OCR1
Federal Register / Vol. 75, No. 204 / Friday, October 22, 2010 / Rules and Regulations
would key their VHF–FM radio
microphone four times in five seconds
and would receive an acknowledgement
tone from the remote drawbridge
operator. The keying-in will initiate an
indicator on the remote drawbridge
operator’s console and the operator will
then establish normal verbal radio
communications with the vessel.
The Coast Guard has determined this
regulation change will improve
communications between the remote
drawbridge operator and vessel
operators and reduce drawspan opening
delays experienced previously from
missed calls under the prior regulatory
guidance.
a significant economic impact on a
substantial number of small entities.
Discussion of Comments and Changes
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.
There were no comments to the
proposed regulatory change.
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.
We expect the economic impact of
this rule on commercial traffic operating
on the Arkansas Waterway to be so
minimal that a full Regulatory
Evaluation is unnecessary. We
anticipate that the new operating
procedures enacted by this change will
benefit the vessels transiting the bridge
by enhancing communications between
the remote drawbridge operator and
vessel operators and reduce drawspan
opening delays.
emcdonald on DSK2BSOYB1PROD with RULES
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
VerDate Mar<15>2010
16:27 Oct 21, 2010
Jkt 223001
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).
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 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
would not create an environmental risk
to health or risk to safety that might
disproportionately affect children.
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Fmt 4700
Sfmt 4700
65231
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
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
E:\FR\FM\22OCR1.SGM
22OCR1
65232
Federal Register / Vol. 75, No. 204 / Friday, October 22, 2010 / Rules and Regulations
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 paragraph (a) of § 117.123 to
read as follows:
■
emcdonald on DSK2BSOYB1PROD with RULES
Coast Guard
33 CFR Part 117
[Docket No. USCG–2010–0954]
Drawbridge Operation Regulation;
Illinois River, Pekin, IL
Coast Guard, DHS.
Notice of temporary deviation
from regulations.
AGENCY:
■
§ 117.123
DEPARTMENT OF HOMELAND
SECURITY
Arkansas Waterway.
(a) Across the Arkansas Waterway, the
draw of the Rob Roy Drawbridge, mile
67.4, at Pine Bluff, Arkansas is
maintained in the closed to navigation
position and is remotely operated. Any
vessel which requires an opening of the
draw of this bridge shall establish
contact by radiotelephone with the
remote drawbridge operator on VHF–
FM Channel 12 in Omaha, Nebraska. To
establish contact, the vessel shall key
the VHF–FM radio microphone four
times in five seconds and listen for an
acknowledgement tone. The remote
drawbridge operator will then establish
normal verbal radio communication on
VHF–FM Channel 12 and advise the
vessel whether the requested span can
be immediately opened and will
maintain constant radio contact with the
vessel until the requested span has
opened and vessel passage has been
completed. The bridge is equipped with
a Photoelectric Boat Detection System to
prevent the span from lowering if there
is an obstruction under the span. If the
drawbridge cannot be opened
immediately, the remote drawbridge
operator will notify the calling vessel
and provide an estimated time for a
drawspan opening.
*
*
*
*
*
Dated: October 12, 2010.
Mary E. Landry,
Rear Admiral, U.S. Coast Guard Commander,
Eighth Coast Guard District.
[FR Doc. 2010–26672 Filed 10–21–10; 8:45 am]
BILLING CODE 9110–04–P
VerDate Mar<15>2010
16:27 Oct 21, 2010
Jkt 223001
ACTION:
The Commander, Eighth
Coast Guard District, has issued a
temporary deviation from the regulation
governing the operation of the Pekin
Railroad Drawbridge across the Illinois
Waterway, mile 151.2, Pekin, Illinois.
The deviation is necessary to allow the
replacement of lift cables and associated
mechanisms on the lift span and allows
the bridge to be maintained in the
closed-to-navigation position during the
deviation period.
DATES: This deviation is effective for
five days starting at 6 a.m. on November
9, 2010 and ending at 11:59 p.m. on
November 13, 2010.
ADDRESSES: Documents mentioned in
this preamble as being available in the
docket are part of docket USCG–2010–
0954 and are available online by going
to https://www.regulations.gov, inserting
USCG–2010–0954 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 Eric A. Washburn, Bridge
Administrator, Coast Guard; telephone
314–269–2378, e-mail
Eric.Washburn@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 Union
Pacific Railroad requested a temporary
deviation for the Pekin Railroad
Drawbridge, across the Illinois
Waterway, mile 151.2, at Pekin, Illinois
to remain in the closed-to-navigation
position for a five day period while lift
cables and associated mechanisms are
replaced on the lift span. The Pekin
Railroad Drawbridge currently operates
in accordance with 33 CFR 117.5, which
states the general requirement that
SUMMARY:
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drawbridges shall open promptly and
fully for the passage of vessels when a
request to open is given in accordance
with the subpart.
There are no alternate routes for
vessels transiting this section of the
Illinois Waterway.
The Pekin Railroad Drawbridge, in the
closed-to-navigation position, provides
a vertical clearance of 34.3 feet above
normal pool. Navigation on the
waterway consists primarily of
commercial tows and recreational
watercraft. This temporary deviation has
been coordinated with waterway users.
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
deviation from the operating regulations
is authorized under 33 CFR 117.35.
Dated: October 12, 2010.
Eric A. Washburn,
Bridge Administrator.
[FR Doc. 2010–26674 Filed 10–21–10; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2009–0316]
RIN 1625–AA87
Security Zones; Sabine Bank Channel,
Sabine Pass Channel and SabineNeches Waterway, TX
Coast Guard, DHS.
Interim rule with request
comments.
AGENCY:
ACTION:
The Coast Guard is issuing an
interim rule based on comments
received from the subject Notice of
Proposed Rulemaking published in the
Federal Register on May 27, 2010. This
interim rule establishes moving security
zones for certain vessels for which the
Captain of the Port, Port Arthur deems
enhanced security measures necessary.
In addition, it establishes security zones
encompassing the mooring basins of
LNG carriers while they are moored at
the Golden Pass LNG facility in Sabine,
TX and/or the Sabine Pass LNG facility
located in Cameron Parish, LA.
DATES: This interim rule is effective in
the CFR on October 22, 2010. This rule
is effective with actual notice for the
purposes of enforcement on August 23,
2010. Comments and related material
must be received by the Coast Guard on
or before November 22, 2010. Requests
for public meetings must be received by
SUMMARY:
E:\FR\FM\22OCR1.SGM
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]]>Agencies
[Federal Register Volume 75, Number 204 (Friday, October 22, 2010)]
[Rules and Regulations]
[Pages 65230-65232]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-26672]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2010-0441]
RIN 1625-AA09
Drawbridge Operation Regulation; Arkansas Waterway, Pine Bluff,
AR
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: Drawbridge operations for the Rob Roy Railroad Drawbridge
across the Arkansas Waterway at Mile 67.4 at Pine Bluff, Arkansas.
Vessel operators shall contact the remote drawbridge operator via
microphone keying four times within in five seconds on VHF-FM Channel
12 when requesting a draw opening. This keying will activate an
indicator on the remote drawbridge operator's console and send an
acknowledgement tone back to the vessel. The remote drawbridge operator
will then establish verbal radio communications with the vessel and
operate the drawspan as normal.
DATES: This rule is effective on November 22, 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-2010-0441 and are available online by
going to https://www.regulations.gov, inserting USCG-2010-0441 in the
``Keyword'' box, and then clicking ``Search.'' This material is also
available for inspection or copying at the Docket Management Facility
(M-30), U.S. Department of Transportation, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or e-mail Mr. Eric A Washburn, Bridge Administrator, Coast Guard;
telephone (314) 269-2378, email Eric.Washburn@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 June 25, 2010, we published a notice of proposed rulemaking
(NPRM) entitled Drawbridge Operation Regulation; Arkansas Waterway,
Pine Bluff, AR in the Federal Register (75 FR 122). We received no
comments on the proposed rule. No public meeting was requested, and
none was held.
Background and Purpose
The Arkansas Waterway is a part of the McClellan-Kerr Arkansas
River Navigation System. The System rises in the vicinity of Catoosa,
Oklahoma, and embraces improved natural waterways and a canal to empty
into the Mississippi River in southeast Arkansas. The Arkansas Waterway
drawbridge operation regulations contained in 33 CFR 117.123(a), state
that the draw of the Rob Roy Railroad Drawbridge, mile 67.4, at Pine
Bluff, Arkansas, is maintained in the closed to navigation position and
is remotely operated. Vessels requesting an opening shall establish
contact by radio/telephone with the remote drawbridge operator on VHF-
FM Channel 12 in Omaha, Nebraska.
In order to better differentiate between vessel and rail traffic
for the remote drawbridge operator, Union Pacific Railroad requested
this drawbridge be operated where vessels
[[Page 65231]]
would key their VHF-FM radio microphone four times in five seconds and
would receive an acknowledgement tone from the remote drawbridge
operator. The keying-in will initiate an indicator on the remote
drawbridge operator's console and the operator will then establish
normal verbal radio communications with the vessel.
The Coast Guard has determined this regulation change will improve
communications between the remote drawbridge operator and vessel
operators and reduce drawspan opening delays experienced previously
from missed calls under the prior regulatory guidance.
Discussion of Comments and Changes
There were no comments to the proposed regulatory change.
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.
We expect the economic impact of this rule on commercial traffic
operating on the Arkansas Waterway to be so minimal that a full
Regulatory Evaluation is unnecessary. We anticipate that the new
operating procedures enacted by this change will benefit the vessels
transiting the bridge by enhancing communications between the remote
drawbridge operator and vessel operators and reduce drawspan opening
delays.
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.
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 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such 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 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 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 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
[[Page 65232]]
environment. This rule is categorically excluded, under figure 2-1,
paragraph (32)(e), of the Instruction.
Under figure 2-1, paragraph 32(e), of the Instruction, an
environmental analysis checklist and a categorical exclusion
determination are not required for this rule.
List of Subjects in 33 CFR Part 117
Bridges.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
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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 paragraph (a) of Sec. 117.123 to read as follows:
Sec. 117.123 Arkansas Waterway.
(a) Across the Arkansas Waterway, the draw of the Rob Roy
Drawbridge, mile 67.4, at Pine Bluff, Arkansas is maintained in the
closed to navigation position and is remotely operated. Any vessel
which requires an opening of the draw of this bridge shall establish
contact by radiotelephone with the remote drawbridge operator on VHF-FM
Channel 12 in Omaha, Nebraska. To establish contact, the vessel shall
key the VHF-FM radio microphone four times in five seconds and listen
for an acknowledgement tone. The remote drawbridge operator will then
establish normal verbal radio communication on VHF-FM Channel 12 and
advise the vessel whether the requested span can be immediately opened
and will maintain constant radio contact with the vessel until the
requested span has opened and vessel passage has been completed. The
bridge is equipped with a Photoelectric Boat Detection System to
prevent the span from lowering if there is an obstruction under the
span. If the drawbridge cannot be opened immediately, the remote
drawbridge operator will notify the calling vessel and provide an
estimated time for a drawspan opening.
* * * * *
Dated: October 12, 2010.
Mary E. Landry,
Rear Admiral, U.S. Coast Guard Commander, Eighth Coast Guard District.
[FR Doc. 2010-26672 Filed 10-21-10; 8:45 am]
BILLING CODE 9110-04-P
