Drawbridge Operation Regulation; Islais Creek, San Francisco, CA, 65120-65121 [2011-27129]
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65120
Federal Register / Vol. 76, No. 203 / Thursday, October 20, 2011 / Rules and Regulations
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.
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
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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.
DEPARTMENT OF HOMELAND
SECURITY
Environment
Drawbridge Operation Regulation;
Islais Creek, San Francisco, CA
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 because this rule
affects the promulgation of operating
regulations or procedures for
drawbridges.
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 § 117.543 to
read as follows:
■
§ 117.543
Bear Creek.
(a) The draw of the Peninsula
Parkway Bridge, mile 2.1, between
Dundalk and Sparrows Point, shall open
on signal; except that, from April 16
through November 15 from 12 midnight
to 8 a.m. except Saturdays and Sundays,
and Federal and State holidays, at least
one half hour notice is required.
*
*
*
*
*
October 5, 2011.
William D. Lee,
Rear Admiral, U.S. Coast Guard, Commander,
Fifth Coast Guard District.
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Coast Guard
33 CFR Part 117
[Docket No. USCG–2011–0962]
Coast Guard, DHS.
Notice of temporary deviation
from regulations.
AGENCY:
ACTION:
The Commander, Eleventh
Coast Guard District, has issued a
temporary deviation from the regulation
governing the operation of the Third
Street Drawbridge across Islais Creek,
mile 0.4, at San Francisco, CA. The
deviation is necessary to allow the City
of San Francisco to make emergency
electrical repairs on the bridge. This
deviation allows the bridge to be
secured in the closed-to-navigation
position during the deviation period.
DATES: This deviation is effective from
8 a.m. on October 3, 2011 to 6 p.m. on
November 18, 2011.
ADDRESSES: Documents mentioned in
this preamble as being available in the
docket are part of the docket USCG–
2011–0962 and are available online by
going to https://www.regulations.gov,
inserting USCG–2011–0962 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 David H. Sulouff, Chief, Bridge
Section, Eleventh Coast Guard District;
telephone 510–437–3516, e-mail
David.H.Sulouff@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 City
of San Francisco requested a temporary
change to the operation of the Third
Street Drawbridge, mile 0.4, over Islais
Creek, at San Francisco, CA. The
drawbridge navigation span provides a
vertical clearance of 4 feet above Mean
High Water in the closed-to-navigation
position. As required by 33 CFR
117.163(b), the draw shall open on
signal if at least 72 hours advance notice
is given to the San Francisco
SUMMARY:
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Federal Register / Vol. 76, No. 203 / Thursday, October 20, 2011 / Rules and Regulations
Department of Public Works. Navigation
on the waterway is commercial and
recreational.
The Third Street Drawbridge will be
secured in the closed-to-navigation
position from 8 a.m. on October 3, 2011
to 6 p.m. on November 18, 2011, to
allow the City of San Francisco to
complete emergency electrical repairs.
This temporary deviation has been
coordinated with the waterway users.
No objections to the proposed
temporary deviation were received.
Vessels that can transit the bridge,
while in the closed-to-navigation
position, may continue to do so at any
time.
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.
acquire private forest lands that are
threatened by conversion to nonforest
uses. Existing provisions in Forest
Service regulations pertaining to the
Stewardship Incentive Program will be
removed as deauthorized by the Farm
Security and Rural Investment Act of
2002, and this final rule will be
substituted in lieu thereof.
DATES: This final rule is effective
November 21, 2011.
FOR FURTHER INFORMATION CONTACT:
Kathryn Conant, U.S. Forest Service,
State and Private Forestry, Cooperative
Forestry, (202) 401–4072. Individuals
who use telecommunication devices for
the deaf (TDD) may call the Federal
Information Relay Service (FIRS) at
1–800–877–8339 between 8 a.m. and
8 p.m., Eastern Standard Time, Monday
through Friday.
SUPPLEMENTARY INFORMATION:
Dated: October 7, 2011.
D.H. Sulouff,
Bridge Section Chief, Eleventh Coast Guard
District.
Background and Need for Final Rule
Congress authorized the Community
Forest and Open Space Conservation
Program (CFP) to address the needs of
communities to protect and maintain
their forest resources. In the CFP
authorization, Congress found that tens
of thousands of acres of private forest
land are under pressure from
development; public access to privately
owned forest land for recreational
opportunities has declined; people
derive health benefits from having
access to forests for recreation and
exercise; forests protect public water
supplies and may provide financial
benefits from forest products; forest
parcels owned by local governments
and nonprofit organizations provide
important educational opportunities for
private forest landowners; and there is
an urgent need to leverage financial
resources to purchase important parcels
of privately owned forest land as the
parcels are offered for sale.
The CFP is a competitive grant
program whereby local governments,
Indian tribes, and qualified nonprofit
organizations are eligible to apply for
grants to establish community forests
through fee-simple land acquisitions.
‘‘Fee-simple’’ means absolute interest in
real property, versus a partial interest
such as a conservation easement. By
creating community forests through
land acquisition, communities and
Indian tribes can sustainably manage
forests for these and many other
benefits, including wildlife habitat,
stewardship demonstration sites for
forest landowners, and environmental
education.
While the statutory title for the CFP
includes the term ‘‘open space,’’ the
authorizing language does not discuss
[FR Doc. 2011–27129 Filed 10–19–11; 8:45 am]
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DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Part 230
RIN 0596–AC84
Community Forest and Open Space
Conservation Program
Forest Service, USDA.
Final rule.
AGENCY:
ACTION:
This final rule implements
the Community Forest and Open Space
Conservation Program (CFP), authorized
by Section 8003 of the Food,
Conservation, and Energy Act of 2008.
The CFP legislation is an amendment to
the Cooperative Forestry Assistance Act
of 1978. The CFP is a competitive grant
program whereby local governments,
Indian tribes, and qualified nonprofit
organizations are eligible to apply for
grants to establish community forests
through fee-simple acquisition of
private forest land. The program’s two
purposes are to provide public benefits
to communities including economic
benefits through sustainable forest
management, environmental benefits
including clean air, water, and wildlife
habitat; benefits from forest-based
educational programs; benefits from
serving as models of effective forest
stewardship; and recreational benefits
secured with public access; and to
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SUMMARY:
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the term. The only land cover Congress
references is ‘‘forests.’’ As a result, in
this final rule, the term ‘‘open space’’ is
not used, and it is assumed that the only
type of ‘‘open space’’ on which Congress
wanted the CFP to focus is ‘‘forests.’’
The Forest Service believes that these
regulations for the CFP will facilitate
administration of the program and
provide uniform criteria for program
participation. The program will focus its
funding towards forests that provide
community benefits as defined in this
rule and are identified as a national,
regional, or local priority for protection.
See Ranking Criteria and Proposal
selection in § 230.5 of this final rule.
Benefits provided by forests acquired
under the CFP may address a variety of
outcomes such as protecting a
municipal water supply, providing
public access for outdoor recreation, or
providing economic benefits from
sustainable forest management,
including harvesting forest products and
using woody biomass for renewable
energy production. Beyond local
measures of success, the contribution of
community forests to larger protected
areas of forest helps support resourcebased economies and adds needed
resiliency to natural systems as they
respond to climate change. Therefore, in
addition to public engagement to
articulate local needs and capacity,
successful community forests in the CFP
should be part of a larger conservation
effort that protects a variety of land
types and working lands, which provide
ecosystem services. In this way, the
program delivers local benefits that can
also have a larger impact.
Relationship to Other Cooperative
Forestry Assistance Act Programs
The Cooperative Forestry Assistance
Act of 1978 (CFAA) enables the Forest
Service to work with States, private
landowners, and communities to
address the full range of forest resources
from urban street trees to large rural
timber lands. The CFP recognizes that
successful protection of community
forests depends on engaged citizens.
Their participation is equal in
importance to the forests being
protected. The CFP complements and
builds upon other CFAA programs that
focus on stewardship and education by
providing the opportunity for
communities to go a step further and
directly acquire and manage forests. The
CFP provides grant assistance directly to
Indian tribes, local governments, or
qualified nonprofit organizations; it is
able to assist those entities that have
demonstrated a sustained commitment
to community forestry. Through public
engagement, these entities are able to
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Agencies
[Federal Register Volume 76, Number 203 (Thursday, October 20, 2011)]
[Rules and Regulations]
[Pages 65120-65121]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-27129]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2011-0962]
Drawbridge Operation Regulation; Islais Creek, San Francisco, CA
AGENCY: Coast Guard, DHS.
ACTION: Notice of temporary deviation from regulations.
-----------------------------------------------------------------------
SUMMARY: The Commander, Eleventh Coast Guard District, has issued a
temporary deviation from the regulation governing the operation of the
Third Street Drawbridge across Islais Creek, mile 0.4, at San
Francisco, CA. The deviation is necessary to allow the City of San
Francisco to make emergency electrical repairs on the bridge. This
deviation allows the bridge to be secured in the closed-to-navigation
position during the deviation period.
DATES: This deviation is effective from 8 a.m. on October 3, 2011 to 6
p.m. on November 18, 2011.
ADDRESSES: Documents mentioned in this preamble as being available in
the docket are part of the docket USCG-2011-0962 and are available
online by going to https://www.regulations.gov, inserting USCG-2011-0962
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 David H. Sulouff, Chief, Bridge Section, Eleventh Coast
Guard District; telephone 510-437-3516, e-mail
David.H.Sulouff@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 City of San Francisco requested a
temporary change to the operation of the Third Street Drawbridge, mile
0.4, over Islais Creek, at San Francisco, CA. The drawbridge navigation
span provides a vertical clearance of 4 feet above Mean High Water in
the closed-to-navigation position. As required by 33 CFR 117.163(b),
the draw shall open on signal if at least 72 hours advance notice is
given to the San Francisco
[[Page 65121]]
Department of Public Works. Navigation on the waterway is commercial
and recreational.
The Third Street Drawbridge will be secured in the closed-to-
navigation position from 8 a.m. on October 3, 2011 to 6 p.m. on
November 18, 2011, to allow the City of San Francisco to complete
emergency electrical repairs. This temporary deviation has been
coordinated with the waterway users. No objections to the proposed
temporary deviation were received.
Vessels that can transit the bridge, while in the closed-to-
navigation position, may continue to do so at any time.
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 7, 2011.
D.H. Sulouff,
Bridge Section Chief, Eleventh Coast Guard District.
[FR Doc. 2011-27129 Filed 10-19-11; 8:45 am]
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