Drawbridge Operation Regulation; Old River, Orwood, CA, 58491-58492 [2012-23292]
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Federal Register / Vol. 77, No. 184 / Friday, September 21, 2012 / Rules and Regulations
Electronic copies of the agreement are
available at: https://www.osha.gov/dcsp/
osp/stateprogs/hawaii.html.
[FR Doc. 2012–23366 Filed 9–20–12; 8:45 am]
BILLING CODE 4510–26–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2012–0862]
Drawbridge Operation Regulation;
Willamette River, Portland, OR
Coast Guard, DHS.
Notice of temporary deviation
from regulations.
AGENCY:
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the Broadway
Bridge across the Willamette River, mile
11.7, at Portland, OR. This deviation is
necessary to accommodate the running
of the Portland Marathon. This
deviation allows the bridge to remain in
the down or closed position during the
marathon.
DATES: This deviation is effective from
7:30 a.m. October 7, 2012 through 3
p.m. October 7, 2012.
ADDRESSES: Documents mentioned in
this preamble as being available in the
docket are part of docket USCG–2012–
0862 and are available online by going
to https://www.regulations.gov, inserting
USCG–2012–0862 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
email the Bridge Administrator, Coast
Guard Thirteenth District; telephone
206–220–7282, email
randall.d.overton@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
Multnomah County has requested that
the Broadway Bascule Bridge remain
closed to vessel traffic to facilitate safe,
uninterrupted roadway passage of
participants of the Portland Marathon.
The Broadway Bridge crosses the
Willamette River at mile 11.7 and
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provides 90 feet of vertical clearance
above Columbia River Datum 0.0 while
in the closed position. Vessels which do
not require a bridge opening may
continue to transit beneath the bridge
during this closure period. Under
normal conditions this bridge operates
in accordance with 33 CFR 117.897
which allows for the bridge to remain
closed between 7 a.m. and 9 a.m. and
4 p.m. and 6 p.m. Monday through
Friday and also requires advance
notification when a bridge opening is
needed. This deviation period is from
7:30 a.m. October 7, 2012 through 3
p.m. October 7, 2012. The deviation
allows the bascule span of the Broadway
Bridge across the Willamette River, mile
11.7, to remain in the closed position
and need not open for maritime traffic
from 7:30 a.m. October 7, 2012 through
3 p.m. October 7, 2012. The bridge shall
operate in accordance to 33 CFR
117.897 at all other times. Waterway
usage on this stretch of the Willamette
River includes vessels ranging from
commercial tug and barge to small
pleasure craft. Mariners will be notified
and kept informed of the bridge’s
operational status via the Coast Guard
Notice to Mariners publication and
Broadcast Notice to Mariners as
appropriate. The draw span will be
required to open, if needed, for vessels
engaged in emergency response
operations during this closure period.
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: September 7, 2012.
Randall D. Overton,
Bridge Administrator.
[FR Doc. 2012–23291 Filed 9–20–12; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2012–0808]
Drawbridge Operation Regulation; Old
River, Orwood, CA
Coast Guard, DHS.
Notice of temporary deviation
from regulations.
AGENCY:
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
regulation that governs the Burlington
Northern & Santa Fe Railroad (BNSF)
SUMMARY:
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58491
Drawbridge across Old River, mile 10.4,
at Orwood, CA. The deviation is to
allow the bridge owner to perform
essential mechanical repairs on the
bridge. This deviation allows the bridge
to remain in the closed-to-navigation
position during the event.
This deviation is effective from
8 a.m. October 22, 2012 to 4 p.m. on
October 26, 2012.
DATES:
Documents mentioned in
this preamble as being available in the
docket are part of the docket USCG–
2012–0808 and are available online by
going to https://www.regulations.gov,
inserting USCG–2012–0808 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.
ADDRESSES:
If
you have questions on this rule, call or
email David H. Sulouff, Chief, Bridge
Section, Eleventh Coast Guard District;
telephone 510–437–3516, email
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.
FOR FURTHER INFORMATION CONTACT:
BNSF has
requested a temporary change to the
operation of the BNSF Railroad
Drawbridge, mile 10.4, over Old River,
at Orwood, CA. The drawbridge
navigation span provides a vertical
clearance of 11.2 feet above Mean High
Water in the closed-to-navigation
position. The draw opens promptly and
fully when a request to open is given.
Navigation on the waterway is
commercial and recreational.
This temporary deviation has been
coordinated with commercial operators
and various marinas. No objections to
the proposed temporary deviation were
raised. Vessels that can transit the
bridge, while in the closed-to-navigation
position, may continue to do so at any
time. The BNSF drawbridge across
Middle River provides alternative access
for vessel transits.
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.
SUPPLEMENTARY INFORMATION:
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58492
Federal Register / Vol. 77, No. 184 / Friday, September 21, 2012 / Rules and Regulations
Dated: September 11, 2012.
D.H. Sulouff,
District Bridge Chief, Eleventh Coast Guard
District.
Good Cause Statement
[FR Doc. 2012–23292 Filed 9–20–12; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Part 261
RIN 0596–AD08
Prohibitions Governing Fire
Forest Service, USDA.
Direct final rule.
AGENCY:
ACTION:
The Forest Service is making
purely technical, nonsubstantive
changes to Forest Service regulations.
These regulations authorize issuance of
an order prohibiting operation or use of
any internal or external combustion
engine without a spark arresting device
that is properly installed, maintained,
and in effective working order in
accordance with the standards. The
reference to the standard is obsolete and
needs to be updated. The standard does
not apply and needs to be removed.
DATES: The rule is effective September
21, 2012.
FOR FURTHER INFORMATION CONTACT:
Kenneth Pearson, Assistant Director for
Enforcement and Liaison, at 703–605–
4527 or via email at
kenpearson@fs.fed.us. Individuals who
use telecommunication devices for the
deaf may call the Federal Information
Relay Service at 800–877–8339 between
8 a.m. and 8 p.m., Eastern Standard
Time, Monday through Friday.
SUPPLEMENTARY INFORMATION: The
standard listed in paragraph (j)(1) is
‘‘Department of Agriculture, Forest
Service Standard 5100–1a.’’ However,
the current U.S. Forest Service Standard
is 5100–1d. Since this standard is
continually being updated, the standard
in paragraph (j)(1) is being revised to
read, ‘‘U.S. Forest Service Standard
5100–1.’’
The standard listed in paragraph (j)(2)
is ‘‘Appropriate Society of Automotive
Engineers (SAE) recommended practice
J335(b) and J350(a).’’ However, SAE
recommended practices cover test
procedures for, rather than performance
of, spark arresters. U.S. Forest Service
Standard 5100–1 covers performance of
spark arresters. Accordingly, paragraph
(j)(2) is being removed, and paragraph
(j)(1) is being designated as paragraph
(j).
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SUMMARY:
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The Administrative Procedure Act
(APA) exempts certain rulemaking from
its public notice and comment
requirements, including rulemaking
involving ‘‘public property’’ (5 U.S.C.
553(a)(2)), such as federal lands
managed by the Forest Service.
Furthermore, the APA allows agencies
to promulgate rules without public
notice and comment when an agency for
good cause finds that public notice and
comment are ‘‘impracticable,
unnecessary, or contrary to the public
interest’’ (5 U.S.C. 553(b)(B)).
In 1971, Secretary of Agriculture
Hardin announced a voluntary waiver of
the public property exemption from
public notice and comment rulemaking
under the APA (July 24, 1971; 36 FR
13804). Thus, agencies in the United
States Department of Agriculture
(USDA) generally provide public notice
and comment in promulgating rules.
However, the Hardin policy permits
USDA agencies to promulgate final rules
without public notice and comment
when the agencies find for good cause
that notice and comment procedures
would be impracticable, unnecessary, or
contrary to the public interest,
consistent with 5 U.S.C. 553(b)(B). The
courts have recognized this good cause
exception to the Hardin policy and have
indicated that since the public notice
and comment requirement was adopted
voluntarily, the Secretary should be
afforded ‘‘more latitude’’ in making a
good cause determination. See Alcaraz
v. Block, 746 F.2d 593, 612 (9th Cir.
1984).
The Department finds that good cause
exists to exempt this rulemaking from
public notice and comment pursuant to
5 U.S.C. 553(b)(B). This rulemaking
merely updates a reference and removes
an inapplicable reference. Public notice
and comment are unnecessary for these
minor, purely technical changes.
3. Regulatory Certifications
Environmental Impact
This final rule revises law
enforcement regulations governing
certain activities on National Forest
System lands. Forest Service regulations
at 36 CFR 220.6(d)(2) exclude from
documentation in an environmental
assessment or environmental impact
statement rules, regulations, or policies
to establish Service-wide administrative
procedures, program processes, or
instructions. The Department has
determined that this final rule falls
within this category of actions and that
no extraordinary circumstances exist
which require preparation of an
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environmental assessment or
environmental impact statement.
This final rule has been reviewed
under USDA procedures and Executive
Order (E.O.) 12866 on regulatory
planning and review. It has been
determined that this final rule is not
significant. This final rule will not have
an annual effect of $100 million or more
on the economy, nor will it adversely
affect productivity, competition, jobs,
the environment, public health or
safety, or State or local governments.
This final rule will not interfere with an
action taken or planned by another
agency, nor will this final rule raise new
legal or policy issues. Finally, this final
rule will not alter the budgetary impact
of entitlements, grants, user fees, or loan
programs or the rights and obligations of
beneficiaries of those programs.
Accordingly, this final rule is not
subject to review by the Office of
Management and Budget under E.O.
12866.
This final rule has been considered in
light of the Regulatory Flexibility Act (5
U.S.C. 602 et seq.). This final rule makes
purely technical, nonsubstantive
changes to Forest Service regulations.
Therefore, the Department has
determined that this final rule will not
have a significant economic impact on
a substantial number of small entities as
defined by that Act because this final
rule will not impose record-keeping
requirements on them; it will not affect
their competitive position in relation to
large entities; and it will not affect their
cash flow, liquidity, or ability to remain
in the market.
Federalism and Consultation and
Coordination With Indian Tribal
Governments
The Department has considered this
final rule under the requirements of E.O.
13132 on federalism. The Department
has determined that this final rule
conforms to the federalism principles
set out in this E.O.; will not impose any
compliance costs on the States; and will
not have substantial direct effects 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, the
Department has determined that no
further determination of federalism
implications is necessary at this time.
This final rule does not have tribal
implications per E.O. 13175,
Consultation and Coordination with
Indian Tribal Governments. Therefore,
advance consultation with tribes is not
required in connection with the final
rule.
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Agencies
[Federal Register Volume 77, Number 184 (Friday, September 21, 2012)]
[Rules and Regulations]
[Pages 58491-58492]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-23292]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2012-0808]
Drawbridge Operation Regulation; Old River, Orwood, CA
AGENCY: Coast Guard, DHS.
ACTION: Notice of temporary deviation from regulations.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard has issued a temporary deviation from the
operating regulation that governs the Burlington Northern & Santa Fe
Railroad (BNSF) Drawbridge across Old River, mile 10.4, at Orwood, CA.
The deviation is to allow the bridge owner to perform essential
mechanical repairs on the bridge. This deviation allows the bridge to
remain in the closed-to-navigation position during the event.
DATES: This deviation is effective from 8 a.m. October 22, 2012 to 4
p.m. on October 26, 2012.
ADDRESSES: Documents mentioned in this preamble as being available in
the docket are part of the docket USCG-2012-0808 and are available
online by going to https://www.regulations.gov, inserting USCG-2012-0808
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 email David H. Sulouff, Chief, Bridge Section, Eleventh Coast
Guard District; telephone 510-437-3516, email 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: BNSF has requested a temporary change to the
operation of the BNSF Railroad Drawbridge, mile 10.4, over Old River,
at Orwood, CA. The drawbridge navigation span provides a vertical
clearance of 11.2 feet above Mean High Water in the closed-to-
navigation position. The draw opens promptly and fully when a request
to open is given. Navigation on the waterway is commercial and
recreational.
This temporary deviation has been coordinated with commercial
operators and various marinas. No objections to the proposed temporary
deviation were raised. Vessels that can transit the bridge, while in
the closed-to-navigation position, may continue to do so at any time.
The BNSF drawbridge across Middle River provides alternative access for
vessel transits.
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.
[[Page 58492]]
Dated: September 11, 2012.
D.H. Sulouff,
District Bridge Chief, Eleventh Coast Guard District.
[FR Doc. 2012-23292 Filed 9-20-12; 8:45 am]
BILLING CODE 9110-04-P