Navigation and Navigable Waters:

Federal Register: August 13, 2010 (Volume 75, Number 156)

Rules and Regulations

Page 49408-49411

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr13au10-13

DEPARTMENT OF HOMELAND SECURITY

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

Docket No. USCG-2010-0351

RIN 1625-ZA25

Navigation and Navigable Waters; Technical, Organizational, and

Conforming Amendments, Bridges

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

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

ADDRESSES: Comments and material received from the public, as well as documents mentioned in this preamble as being available in the docket, are part of docket USCG-2010-0351 and are available for inspection or copying at the Docket Management Facility (M-30), U.S. Department of

Transportation, West Building Ground Floor, Room W12-140, 1200 New

Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,

Monday through Friday, except Federal holidays. You may also find this docket on the Internet by going to http://www.regulations.gov, inserting USCG-2010-0351 in the ``Keyword'' box, and then clicking

``Search.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or e-mail Diane LaCumsky, Coast Guard; telephone 202-372-1025, e- mail Diane.M.LaCumsky@uscg.mil. If you have questions on viewing the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory History

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

In addition, the Coast Guard finds notice and comment

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procedure are unnecessary under 5 U.S.C. 553 (b)(3)(B) as this rule consists only of corrections and editorial, organizational, and conforming amendments and these changes will have no substantive effect on the public.

Under 5 U.S.C. 553(d)(3), the Coast Guard finds that, for the same reasons, good cause exists for making this rule effective upon publication in the Federal Register.

Basis and Purpose

This rule makes technical and editorial corrections to title 33 parts 1, 114, 115, 116, 117, and 118 in the Code of Federal

Regulations. This rule does not create any substantive requirements on the public.

Discussion of Rule

This rule amends 33 CFR part 1 to reflect changes in agency organization by removing Sec. 1.01-60 (a)(1)(iii). The Coast Guard is no longer under the Department of Transportation (DOT), therefore DOT

Order 5610.1C (Procedures for Considering Environmental Impacts) referenced in this section no longer applies. However, paragraph

(a)(1)(ii) will remain until it is confirmed that there are no longer any DOT 4(f) determinations requiring Coast Guard attention.

This rule amends 33 CFR parts 115 and 116 to clarify the regulations by replacing the word ``hearing'' with the word ``meeting'' in Sec. 115.60(c), and the word ``evidence'' with ``information'' in

Sec. 116.01(d). This change has no substantive effect on how the Coast

Guard currently announces or gathers public opinion or other information regarding bridge matters, nor will it change the substance of the public's involvement in the process. The terms ``hearing'' and

``evidence'' have definitive legal definitions which are not applicable in these instances. Changing the terms to ``meeting'' and

``information'' better represents established Coast Guard procedures regarding the public's role in commenting on proposed bridge actions set forth in these regulations and reduces confusion among members of the public. Additionally, ``meeting'' and ``information'' are the terms used throughout 33 CFR parts 115 and 116, and this change conforms the regulations with the remainder of the Parts.

This rule amends 33 CFR part 117 to correct: the name change of the

Leon C. Simon Blvd. (Seabrook) bridge to the Senator Ted Hickey bridge in Sec. 117.458(c), and a typographical error in Sec. 117.557 changing mile marker 0.9 to 1.0.

This rule updates various addresses for Coast Guard offices throughout title 33 parts 114, 116, and 118 in order to conform to new mailing addresses and mailing address formats that came into use June 15, 2009. This rule updates internal Coast Guard office designators, as well as certain personnel titles throughout title 33 parts 114, 116 and 118. Changes in personnel titles included in this rule are only technical revisions reflecting changes in agency procedure and organization, and do not indicate new authorities.

Regulatory Analyses

We developed this rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on 13 of these statutes or executive orders.

Regulatory Planning and Review

This rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. The Office of Management and Budget has not reviewed it under that Order. Because this rule involves non- substantive changes and internal agency practices and procedures, it will not impose any additional costs on the public.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have considered whether this rule would have a significant economic impact on a substantial number of small entities. The term ``small entities'' comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000.

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

Collection of Information

This rule calls for no new collection of information under the

Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

A rule has implications for federalism under Executive Order 13132,

Federalism, if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed this rule under that Order and have determined that it does not have implications for federalism.

Unfunded Mandates Reform Act

The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or Tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

This rule will not cause a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental

Actions and Interference with Constitutionally Protected Property

Rights.

Civil Justice Reform

This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden.

Protection of Children

We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and does not create an environmental risk to health or risk to safety that may disproportionately affect children.

Indian Tribal Governments

This rule does not have Tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more

Indian Tribes, on the relationship between the Federal Government and

Indian Tribes, or on the distribution of power and responsibilities between the Federal Government and Indian Tribes.

Energy Effects

We have analyzed this rule under Executive Order 13211, Actions

Concerning Regulations That

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Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a ``significant energy action'' under that order because it is not a ``significant regulatory action'' under

Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a

Statement of Energy Effects under Executive Order 13211.

Technical Standards

The National Technology Transfer and Advancement Act (NTTAA) (15

U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies.

This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards.

Environment

We have analyzed this rule under Department of Homeland Security

Management Directive 023-01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental

Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule is categorically excluded under section 2.B.2, figure 2-1, paragraph (34)(a) of the Instruction. This rule involves regulations which are editorial and/or procedural, such as those updating addresses or establishing application procedures. An environmental analysis checklist and a categorical exclusion determination are available in the docket where indicated under

ADDRESSES.

List of Subjects 33 CFR Part 1

Administrative practice and procedure, Authority delegations

(Government agencies), Freedom of information, Penalties. 33 CFR Parts 114, 115, 116, 117 and 118

Bridges. 0

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

PART 1--GENERAL PROVISIONS 0 1. The authority citation for part 1 continues to read as follows:

Authority: 14 U.S.C. 633; 33 U.S.C. 401, 491, 525, 1321, 2716, and 2716a; 42 U.S.C. 9615; 49 U.S.C. 322; Department of Homeland

Security Delegation No. 0170.1; section 1.01-70 also issued under the authority of E.O. 12580, 3 CFR, 1987 Comp., p. 193; and sections 1.01-80 and 1.01-85 also issued under the authority of E.O. 12777, 3

CFR, 1991 Comp., p. 351.

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

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

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

Homeland Security Delegation Number 0170.1. 0 4. Revise Sec. 114.05(l) to read as follows:

Sec. 114.05 Definitions.

* * * * *

(l) Deputy Commandant for Operations. The term ``Deputy Commandant for Operations'' means the officer of the Coast Guard designated by the

Commandant as the staff officer in charge of ``Operations'' (DCO), U.S.

Coast Guard Headquarters.

* * * * *

Sec. 114.50 [Amended] 0 5. In Sec. 114.50, remove the phrase ``Administrator, Bridge

Administration Programs (CG-5411), 2100 2nd St., SW., Stop 7581,

Washington, DC 20593-7581'' and add, in its place, the phrase

``Administrator, Office of Bridge Programs, (CG-551), 2100 2nd St.,

SW., Stop 7683, Washington, DC 20593-7683''.

PART 115--BRIDGE LOCATIONS AND CLEARANCE; ADMINISTRATIVE PROCEDURES 0 6. The authority citation for part 115 continues to read as follows:

Authority: c. 425, sec. 9, 30 Stat. 1151 (33 U.S.C. 401); c. 1130, sec. 1, 34 Stat. 84 (33 U.S.C. 491); sec. 5, 28 Stat. 362, as amended (33 U.S.C. 499); sec. 11, 54 Stat. 501, as amended (33

U.S.C. 521); c. 753, Title V, sec. 502, 60 Stat. 847, as amended (33

U.S.C. 525); 86 Stat. 732 (33 U.S.C. 535); 14 U.S.C. 633; sec. g(6), 80 Stat. 941 (49 U.S.C. 1655(g)); 49 CFR 1.46(c).

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

PART 116--ALTERATION OF UNREASONABLY OBSTRUCTIVE BRIDGES 0 8. The authority citation for part 116 continues to read as follows:

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

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

Sec. 116.10 [Amended] 0 10. In Sec. 116.10 paragraph (c), remove the words ``Administrator,

Bridge Administration Programs'' and add, in their place, the words

``Administrator, Office of Bridge Programs''.

Sec. 116.15 [Amended] 0 11. In Sec. 116.15 paragraphs (c) and (d), remove the words

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

Sec. 116.20 [Amended] 0 12. In Sec. 116.20 paragraphs (a) and (b), remove the words

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

Sec. 116.25 [Amended] 0 13. In Sec. 116.25(a), remove the words ``Administrator, Bridge

Administration Program'' and add, in their place, the words

``Administrator, Office of Bridge Programs''.

Sec. 116.30 [Amended] 0 14. In the heading and paragraphs (a), (d), (e) and (g) of Sec. 116.30, remove the words ``Administrator, Bridge Administration

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

Bridge Programs''.

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

Administration

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

Bridge Programs''.

Sec. 116.40 [Amended] 0 16. In Sec. 116.40 paragraphs (a), (b), and (c) remove the words

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

Sec. 116.45 [Amended] 0 17. In Sec. 116.45(a), remove the words ``Administrator, Bridge

Administration Program'' and add, in their place, the words

``Administrator, Office of Bridge Programs''.

Sec. 116.55 [Amended] 0 18. Amend Sec. 116.55 as follows: 0 a. In paragraph (a), remove the phrase ``Administrator, Bridge

Administration Program'' and add in its place ``Administrator, Office of Bridge Programs''; and 0 b. In paragraph (b), remove the phrase ``Administrator's, Bridge

Administration Program'' and add in its place ``Administrator, Office of Bridge Programs''; and 0 c. In paragraph (b), remove the phrase ``Assistant Commandant for

Operations, U.S. Coast Guard, (CG-3), 2100 2nd Street, SW., Washington,

DC 20593-7238'' and add, in its place, the phrase ``Deputy Commandant of Operations, U.S. Coast Guard,(CG-DCO), 2100 2nd St., SW., Stop 7355,

Washington, DC 20593-7355''; and 0 d. In paragraph (b), remove the phrase ``Assistant Commandant for

Operations'' from the last sentence and add in its place, the phrase

``Deputy Commandant of Operations''.

PART 117--DRAWBRIDGE OPERATION REGULATION 0 19. The authority citation for part 118 continues to read as follows:

Authority: 33 U.S.C. 499; 33 CFR 1.05-1; and Department of

Homeland Security Delegation No. 0170.1.

Sec. 117.458 [Amended] 0 20. In Sec. 117.458(c) change the name of the bridge from the ``Leon

3. Simon Blvd. (Seabrook) bridge'' to the ``Senator Ted Hickey

Bridge''.

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

PART 118--BRIDGE LIGHTING AND OTHER SIGNALS 0 22. The authority citation for part 118 continues to read as follows:

Authority: 33 U.S.C. 494; 14 U.S.C. 85, 633; Department of

Homeland Security Delegation No. 0170.1.

Sec. 118.3 [Amended] 0 23. In Sec. 118.3(b), remove the phrase ``Administrator, Bridge

Administration Program, room 3500, (CG-5411), 2100 2nd St., SW., Stop 7581, Washington, DC 20593-7581'' and add, in its place, the phrase

``Administrator, Office of Bridge Programs, (CG-551), 2100 2nd St. SW.,

Stop 7683, Washington, DC 20593-7683''.

Dated: August 6, 2010.

Steve Venckus,

Chief, Office of Regulations and Administrative Law, United States

Coast Guard.

FR Doc. 2010-19890 Filed 8-12-10; 8:45 am

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