Drawbridge Operation Regulation; Isle of Wight (Sinepuxent) Bay, Ocean City, MD, 23185-23187 [2011-9987]
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Federal Register / Vol. 76, No. 80 / Tuesday, April 26, 2011 / Rules and Regulations
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period. The report must include the
exchange visitors’ names, SEVIS
Identification Numbers (or other
Department-mandated participant
identification numbers), countries of
citizenship or legal permanent
residence, names of employers, the
length of time it took non-pre-placed
participants to secure job placements,
and other information the Department
may deem essential. For participants
who change jobs or have multiple jobs
during their programs, the report must
include all such placements; and
(2) Sponsors are required to maintain
current listings of all foreign agents or
partners on the Foreign Entity Report by
promptly informing the Department of
any additions, deletions, or changes to
overseas partner information by
submitting new versions of the report
that reflect all current information. The
report must include the names,
addresses, and contact information (i.e.,
telephone numbers and email
addresses) of all foreign entities that
assist the sponsors in fulfilling the
provision of core program services, and
other information the Department may
deem essential. Sponsors may utilize
only vetted foreign entities identified in
the report to assist in fulfilling the
sponsors’ core programmatic functions
outside the United States.
(o) Program exclusions. U.S. sponsors
must not place participants:
(1) In any position in the adult
entertainment industry;
(2) In sales positions that require
participants to purchase inventory that
they must sell in order to support
themselves;
(3) In domestic help positions in
private homes (e.g., child care, elder
care, gardener, chauffeur);
(4) As pedicab or rolling chair drivers
or operators;
(5) As operators of vehicles or vessels
that carry passengers for hire and/or for
which commercial drivers licenses are
required;
(6) In any position related to clinical
care that involves patient contact; or
(7) In any position that could bring
notoriety or disrepute to the Exchange
Visitor Program.
Dated: April 21, 2011.
Stanley S. Colvin,
Deputy Assistant Secretary for Private Sector
Exchange, Bureau of Educational and
Cultural Affairs, Department of State.
[FR Doc. 2011–10079 Filed 4–25–11; 8:45 am]
BILLING CODE 4710–05–P
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2009–0996]
Hydroplane Races Within the Captain
of the Port Puget Sound Area of
Responsibility
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
the Special Local Regulation,
Hydroplane Races within the Captain of
the Port Puget Sound Area of
Responsibility for the Tastin’ n’ Racin’
hydroplane event in Lake Sammamish,
WA from 9 a.m. through 6 p.m. on June
11, 2011 and from 9 a.m. through 6 p.m.
on June 12, 2011. This action is
necessary to restrict vessel movement in
the vicinity of the race courses thereby
ensuring the safety of participants and
spectators during these events. During
the enforcement period non-participant
vessels are prohibited from entering the
designated race areas. Spectator craft
entering, exiting or moving within the
spectator area must operate at speeds
which will create a minimum wake.
DATES: The regulations in 33 CFR
100.1308 will be enforced from 9 a.m.
through 6 p.m. on June 11, 2011 and
from 9 a.m. through 6 p.m. on June 12,
2011.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this notice, call
or e-mail Ensign Anthony P. LaBoy,
Sector Puget Sound Waterways
Management Division, Coast Guard;
telephone 206–217–6323, e-mail
SectorPugetSoundWWM@uscg.mil.
SUMMARY:
The Coast
Guard is providing notice of
enforcement of the Special Local
Regulation for Hydroplane Races within
the Captain of the Port Puget Sound
Area of Responsibility 33 CFR 100.1308.
The Lake Sammamish area, 33 CFR
100.1308(a)(3) will be enforced on June
11, 2011, from 9 a.m. to 6 p.m. and on
June 12, 2011 from 9 a.m. to 6 p.m.
These regulations can be found in the
March 29, 2011 issue of the Federal
Register (76 FR 17341).
Under the provisions of 33 CFR
100.1308, the regulated area shall be
closed for the duration of the event to
all vessel traffic not participating in the
event and authorized by the event
sponsor or Coast Guard Patrol
Commander.
23185
When this special local regulation is
enforced, non-participant vessels are
prohibited from entering the designated
race areas unless authorized by the
designated on-scene Patrol Commander.
Spectator craft may remain in
designated spectator areas but must
follow the directions of the designated
on-scene Patrol Commander. The event
sponsor may also function as the
designated on-scene Patrol Commander.
Spectator craft entering, exiting or
moving within the spectator area must
operate at speeds which will create a
minimum wake.
Emergency Signaling: A succession of
sharp, short signals by whistle or horn
from vessels patrolling the areas under
the discretion of the designated onscene Patrol Commander shall serve as
a signal to stop. Vessels signaled shall
stop and shall 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.
This notice is issued under authority
of 33 CFR 100.1308 and 5 U.S.C. 552(a).
In addition to this notice in the Federal
Register, the Coast Guard will provide
the maritime community with advance
notification of this enforcement period
via the Local Notice to Mariners. If the
Captain of the Port determines that the
regulated area need not be enforced for
the full duration stated in this notice, he
may use a Broadcast Notice to Mariners
to grant general permission to enter the
regulated area.
Dated: April 11, 2011.
S.J. Ferguson,
Captain, U.S. Coast Guard, Captain of the
Port, Puget Sound.
[FR Doc. 2011–9985 Filed 4–25–11; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
SUPPLEMENTARY INFORMATION:
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Coast Guard
33 CFR Part 117
[Docket No. USCG–2010–0612]
RIN 1625–AA09
Drawbridge Operation Regulation; Isle
of Wight (Sinepuxent) Bay, Ocean City,
MD
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is changing
the regulation governing the operation
of the US 50 Bridge over Isle of Wight
(Sinepuxent) Bay, mile 0.5, at Ocean
City, MD. This rule will require any
mariner requesting an opening in the
SUMMARY:
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23186
Federal Register / Vol. 76, No. 80 / Tuesday, April 26, 2011 / Rules and Regulations
Bridge over Isle of Wight (Sinepuxent)
Bay, mile 0.5, at Ocean City, with a
vertical clearance of 13 feet above mean
high tide in the closed position, shall
open on signal; except from October 1
through April 30 from 6 p.m. to 6 a.m.,
the draw shall open if at least three
hours notice is given and from May 25
through September 15, from 9:25 a.m. to
9:55 p.m., the draw shall open at 25
minutes after and 55 minutes after the
hour for a maximum of five minutes to
let accumulated vessels pass, except
that, on Saturdays from 1 p.m. to 5 p.m.,
the draw shall open on the hour for all
waiting vessels and shall remain in the
open position until all waiting vessels
pass.
According to the draw tender logs for
the past three years, furnished by
MdTA, there have been few to no
requests for bridge openings from
October 1 to April 30, between the
hours of 6 p.m. and 6 a.m. By providing
notice to the bridge tender before 6 p.m.,
mariners can plan their transits and
minimize delay in accordance with the
proposed rule. The majority of the
waterway traffic at this bridge site is
seasonal recreational boaters. October 1
through April 30 is considered out-ofseason and has minimal waterway
traffic.
The current regulation, set out in 33
CFR 117.559, locates this waterway as
Isle of Wight Bay, mile 0.5, at Ocean
City, MD. Local mariners refer to this
waterway location as both the Isle of
Wight Bay and the Sinepuxent Bay. To
clarify any confusion mariners may
have, this waterway location will be
cited as Isle of Wight (Sinepuxent) Bay,
mile 0.5, at Ocean City, MD in the
Federal Register.
Regulatory Information
On December 9, 2010, we published
a notice of proposed rulemaking
(NPRM) entitled Drawbridge Operation
Regulation: Isle of Wight (Sinepuxent)
Bay, Ocean City, MD in the Federal
Register (75 FR 236). We received no
comments on the proposed rule. No
public meeting was requested, and none
was held.
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evening hours during the off-season, to
do so before the tender office has
vacated for the night. The change will
ensure draw tender availability for
openings. The Coast Guard is also
changing the waterway location from
Isle of Wight Bay to Isle of Wight
(Sinepuxent) Bay. This change is
necessary because the waterway is
known locally as both Isle of Wight Bay
and Sinepuxent Bay. This change will
ensure there is no confusion as to the
referenced waterway.
DATES: This rule is effective May 26,
2011.
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–
0612 and are available online by going
to https://www.regulations.gov, inserting
USCG–2010–0612 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 Ms. Lindsey Middleton, Fifth
District Bridge Administration Division,
Coast Guard; telephone 757–398–6629,
e-mail Lindsey.R.Middleton@uscg.mil. If
you have questions on viewing the
docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone
202–366–9826.
SUPPLEMENTARY INFORMATION:
Discussion of Comments and Changes
No comments were received on the
proposed rule and no changes were
made to the proposed rule.
Basis and Purpose
The Maryland Department of
Transportation (MdTA) has requested a
change to the operating procedure for
the double-leaf bascule US 50 Bridge.
This change would require that the
draw shall open on signal; except that,
from 6 p.m. to 6 a.m., from October 1
to April 30 of every year, the draw shall
open on signal if notice is given to the
bridge tender before 6 p.m.
The current regulation, set out in 33
CFR 117.559, requires that the US 50
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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
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order. The changes are expected to have
minimal impact on maritime traffic
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transiting the bridge. Mariners can plan
their trips in accordance with the
scheduled bridge openings to minimize
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.
This rule will affect the following
entities, some of which might be small
entities: The owners or operators of
vessels needing to transit through the
bridge from 6 p.m. to 6 a.m. from
October 1 to April 30. This action will
not have a significant economic impact
on a substantial number of small entities
because the rule adds minimal
restrictions to the movement of
navigation, by requiring mariners from
October 1 to April 30, from 6 p.m. to
6 a.m., to give notice to the bridge
tender before 6 p.m.
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
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Federal Register / Vol. 76, No. 80 / Tuesday, April 26, 2011 / Rules and Regulations
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
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.
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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.
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Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guides the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded that this action is one
of a category of actions which do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(32)(e), of the Instruction.
Under figure 2–1, paragraph (32)(e), of
the Instruction, an environmental
analysis checklist and a categorical
exclusion determination are not
required 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. Section 117.559 is revised to read
as follows:
■
§ 117.559
Isle of Wight (Sinepuxent) Bay.
The draw of the US 50 Bridge, mile
0.5, at Ocean City, shall open on signal,
except:
(a) From October 1 through April 30,
from 6 p.m. to 6 a.m., the draw shall
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Fmt 4700
Sfmt 4700
open if notice has been given to the
bridge tender before 6 p.m.
(b) From May 25 through September
15, from 9:25 a.m. to 9:55 p.m., the draw
shall open at 25 minutes after and 55
minutes after the hour for a maximum
of five minutes to let accumulated
vessels pass, except that on Saturdays,
from 1 p.m. to 5 p.m., the draw shall
open on the hour for all waiting vessels
and shall remain in the open position
until all waiting vessels pass.
Dated: April 13, 2011.
William D. Lee,
Rear Admiral, United States Coast Guard,
Commander, Fifth Coast Guard District.
[FR Doc. 2011–9987 Filed 4–25–11; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2011–0276]
Drawbridge Operation Regulation; New
Jersey Intracoastal Waterway (NJICW),
Beach Thorofare, NJ
Coast Guard, DHS.
Notice of temporary deviation
from regulations.
AGENCY:
ACTION:
The Commander, Fifth Coast
Guard District, has issued a temporary
deviation from the regulations
governing the operation of the Route 30/
Absecon Boulevard Bridge across Beach
Thorofare, at NJICW mile 67.2, at
Atlantic City, NJ. This deviation is
necessary to facilitate extensive
rehabilitation and maintenance in order
to maintain the bridge’s operational
integrity. Under this deviation, the
bascule lift span of the drawbridge will
remain in the closed-to-navigation
position for the extent of the effective
period.
SUMMARY:
This deviation is effective from
7 a.m. on September 16, 2011 through
11:59 p.m. on January 13, 2012.
ADDRESSES: Documents mentioned in
this preamble as being available in the
docket are part of docket USCG–2011–
0276 and are available online by going
to https://www.regulations.gov, inserting
USCG–2011–0276 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,
DATES:
■
23187
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]]>Agencies
[Federal Register Volume 76, Number 80 (Tuesday, April 26, 2011)]
[Rules and Regulations]
[Pages 23185-23187]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-9987]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2010-0612]
RIN 1625-AA09
Drawbridge Operation Regulation; Isle of Wight (Sinepuxent) Bay,
Ocean City, MD
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is changing the regulation governing the
operation of the US 50 Bridge over Isle of Wight (Sinepuxent) Bay, mile
0.5, at Ocean City, MD. This rule will require any mariner requesting
an opening in the
[[Page 23186]]
evening hours during the off-season, to do so before the tender office
has vacated for the night. The change will ensure draw tender
availability for openings. The Coast Guard is also changing the
waterway location from Isle of Wight Bay to Isle of Wight (Sinepuxent)
Bay. This change is necessary because the waterway is known locally as
both Isle of Wight Bay and Sinepuxent Bay. This change will ensure
there is no confusion as to the referenced waterway.
DATES: This rule is effective May 26, 2011.
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-2010-0612 and are available online by
going to https://www.regulations.gov, inserting USCG-2010-0612 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 Ms. Lindsey Middleton, Fifth District Bridge
Administration Division, Coast Guard; telephone 757-398-6629, e-mail
Lindsey.R.Middleton@uscg.mil. If you have questions on viewing the
docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On December 9, 2010, we published a notice of proposed rulemaking
(NPRM) entitled Drawbridge Operation Regulation: Isle of Wight
(Sinepuxent) Bay, Ocean City, MD in the Federal Register (75 FR 236).
We received no comments on the proposed rule. No public meeting was
requested, and none was held.
Basis and Purpose
The Maryland Department of Transportation (MdTA) has requested a
change to the operating procedure for the double-leaf bascule US 50
Bridge. This change would require that the draw shall open on signal;
except that, from 6 p.m. to 6 a.m., from October 1 to April 30 of every
year, the draw shall open on signal if notice is given to the bridge
tender before 6 p.m.
The current regulation, set out in 33 CFR 117.559, requires that
the US 50 Bridge over Isle of Wight (Sinepuxent) Bay, mile 0.5, at
Ocean City, with a vertical clearance of 13 feet above mean high tide
in the closed position, shall open on signal; except from October 1
through April 30 from 6 p.m. to 6 a.m., the draw shall open if at least
three hours notice is given and from May 25 through September 15, from
9:25 a.m. to 9:55 p.m., the draw shall open at 25 minutes after and 55
minutes after the hour for a maximum of five minutes to let accumulated
vessels pass, except that, on Saturdays from 1 p.m. to 5 p.m., the draw
shall open on the hour for all waiting vessels and shall remain in the
open position until all waiting vessels pass.
According to the draw tender logs for the past three years,
furnished by MdTA, there have been few to no requests for bridge
openings from October 1 to April 30, between the hours of 6 p.m. and 6
a.m. By providing notice to the bridge tender before 6 p.m., mariners
can plan their transits and minimize delay in accordance with the
proposed rule. The majority of the waterway traffic at this bridge site
is seasonal recreational boaters. October 1 through April 30 is
considered out-of-season and has minimal waterway traffic.
The current regulation, set out in 33 CFR 117.559, locates this
waterway as Isle of Wight Bay, mile 0.5, at Ocean City, MD. Local
mariners refer to this waterway location as both the Isle of Wight Bay
and the Sinepuxent Bay. To clarify any confusion mariners may have,
this waterway location will be cited as Isle of Wight (Sinepuxent) Bay,
mile 0.5, at Ocean City, MD in the Federal Register.
Discussion of Comments and Changes
No comments were received on the proposed rule and no changes were
made to the proposed rule.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. The changes are expected to have minimal
impact on maritime traffic transiting the bridge. Mariners can plan
their trips in accordance with the scheduled bridge openings to
minimize 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.
This rule will affect the following entities, some of which might
be small entities: The owners or operators of vessels needing to
transit through the bridge from 6 p.m. to 6 a.m. from October 1 to
April 30. This action will not have a significant economic impact on a
substantial number of small entities because the rule adds minimal
restrictions to the movement of navigation, by requiring mariners from
October 1 to April 30, from 6 p.m. to 6 a.m., to give notice to the
bridge tender before 6 p.m.
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
[[Page 23187]]
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 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
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
0
1. The authority citation for part 117 continues to read as follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 0170.1.
0
2. Section 117.559 is revised to read as follows:
Sec. 117.559 Isle of Wight (Sinepuxent) Bay.
The draw of the US 50 Bridge, mile 0.5, at Ocean City, shall open
on signal, except:
(a) From October 1 through April 30, from 6 p.m. to 6 a.m., the
draw shall open if notice has been given to the bridge tender before 6
p.m.
(b) From May 25 through September 15, from 9:25 a.m. to 9:55 p.m.,
the draw shall open at 25 minutes after and 55 minutes after the hour
for a maximum of five minutes to let accumulated vessels pass, except
that on Saturdays, from 1 p.m. to 5 p.m., the draw shall open on the
hour for all waiting vessels and shall remain in the open position
until all waiting vessels pass.
Dated: April 13, 2011.
William D. Lee,
Rear Admiral, United States Coast Guard, Commander, Fifth Coast Guard
District.
[FR Doc. 2011-9987 Filed 4-25-11; 8:45 am]
BILLING CODE 9110-04-P
