16296 Federal Register / Vol. 76, No. 56 / Wednesday, March 23, 2011 / Rules and Regulations 

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 

■ 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 § 117.955 (b) to read as 

follows: 

§ 117.955 Buffalo Bayou. 

* * * * * 

(b) The draw of the Union Pacific Rail 

Road Bridge, mile 3.1, need not be 

opened to the passage of vessels. 

Dated: March 10, 2011. 

Mary E. Landry, 

Rear Admiral, U.S. Coast Guard, Commander, 

Eighth Coast Guard District. 

[FR Doc. 2011–6876 Filed 3–22–11; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2011–0113] 

Drawbridge Operation Regulation; 

Pocomoke River, Snow Hill, MD 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, Fifth Coast 

Guard District, has issued a temporary 

deviation from the regulations 

governing the operation of the S12 

Bridge across Pocomoke River, mile 

29.9, at Snow Hill, MD. The deviation 

restricts the operation of the draw span 

to facilitate the cleaning and painting of 

the bridge. 

DATES: This deviation is effective from 

7 a.m. on March 15, 2011 through 11:59 

p.m. on May 30, 2011. 

ADDRESSES: Documents mentioned in 

this preamble as being available in the 

docket are part of docket USCG–2011– 

0113 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2011–0113 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 Mr. Waverly W. Gregory, Jr., 

Bridge Administrator, Fifth Coast Guard 

District; telephone 757–398–6222, email Waverly.W.Gregory@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 

Maryland State Highway 

Administration (SHA), who owns and 

operates this single leaf bascule 

drawbridge, has requested a temporary 

deviation from the current operating 

schedule to facilitate the cleaning and 

painting of the structure. Under the 

regular operating schedule, the bridge 

opens on signal as required by 33 CFR 

117.569(c) if at least five hours advance 

notice is given. 

The S12 Bridge across Pocomoke 

River, mile 29.9 at Snow Hill MD, has 

a vertical clearance in the closed 

position of two feet above mean high 

water and five feet above mean low 

water. Under this temporary deviation, 

the contractor has requested to maintain 

the bridge in the closed position to 

vessels from 7 a.m. on March 15, 2011 

through 11:59 p.m. on May 30, 2011, to 

allow for the potential delays caused by 

anticipated seasonal weather patterns 

that will interfere with environmental 

conditions required for sandblasting and 

painting of the bridge. 

Bridge opening data supplied by SHA 

and reviewed by the Coast Guard 

revealed vessel openings of the draw 

span from March 2010 through May 

2010. Specifically, the drawbridge 

opened for vessels a total of 23, 13, and 

25 times during the months of March 

2010 through May 2010, respectively. 

We also contacted a nearby canoe shop 

owner who indicated that he can work 

around the restrictions. 

The Coast Guard has coordinated the 

restrictions with the local users of the 

waterway and will inform other users 

through our Local and Broadcast 

Notices to Mariners of the closure 

periods for the bridge so that vessels can 

arrange their transits to minimize any 

impact caused by the temporary 

deviation. There are no alternate routes 

for vessels transiting this section of the 

Pocomoke River and the drawbridge 

will be able to open in the event of an 

emergency. 


erowe on DSK5CLS3C1PROD with RULES
Federal Register / Vol. 76, No. 56 / Wednesday, March 23, 2011 / Rules and Regulations 16297 

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: February 18, 2011. 

Waverly W. Gregory, Jr., 

Chief, Bridge Administration Branch, Fifth 

Coast Guard District. 

[FR Doc. 2011–6879 Filed 3–22–11; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2011–0121] 

Drawbridge Operation Regulation; 

Cerritos Channel, Long Beach, 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 

Commodore Schuyler F. Heim 

Drawbridge across Cerritos Channel, 

mile 4.9, at Long Beach, CA. The 

deviation is necessary to allow the 

California Department of Transportation 

to perform critical repair and 

replacement of electrical components 

for drawspan operation. 

DATES: This deviation is effective from 

7 a.m. to 7 p.m. on March 26, 2011. 

ADDRESSES: Documents mentioned in 

this preamble as being available in the 

docket are part of the docket USCG– 

2011–0121 and are available online by 

going to http://www.regulations.gov, 

inserting USCG–2011–0121 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 

California Department of Transportation 

requested a temporary change to the 

operation of the Commodore Schuyler 

F. Heim Drawbridge, mile 4.9, over 

Cerritos Channel, at Long Beach, CA. 

The drawbridge navigation span 

provides a vertical clearance of 37 feet 

above Mean High Water in the closedto-navigation position and 163 feet in 

the full open to navigation position. As 

required by 33 CFR 117.147, the draw 

shall open on signal; except that, from 

6:30 a.m. to 8 a.m. and 3:30 p.m. to 6 

p.m., Monday through Friday except 

Federal holidays, the draw need not be 

opened for the passage of vessels. 

Navigation on the waterway is 

commercial, recreational, search and 

rescue, and law enforcement. 

The drawspan will be secured in the 

closed-to-navigation position from 7 

a.m. through 7 p.m. on March 26, 2011 

to perform critical repair and 

replacement of electrical components 

for drawspan operation. The alternative 

path around Terminal Island will be 

available for routine and emergency 

navigation. This temporary deviation 

has been coordinated with commercial 

and recreational waterway users. 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. 

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: March 9, 2011. 

D.H. Sulouff, 

District Bridge Chief, Eleventh Coast Guard 

District. 

[FR Doc. 2011–6880 Filed 3–22–11; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2010–0101; FRL–8868–7] 

Aspergillus flavus AF36; Exemption 

From the Requirement of a Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes an 

exemption from the requirement of a 

tolerance for residues of the microbial 

pesticide, Aspergillus flavus AF36, in or 

on corn food and feed commodities, 

when applied/used as an antifungal 

agent. The Arizona Cotton Research and 

Protection Council submitted a petition 

to EPA under the Federal Food, Drug, 

and Cosmetic Act (FFDCA), requesting 

an amendment to the existing 

exemption from the requirement of a 

tolerance for Aspergillus flavus AF36. 

This regulation eliminates the need to 

establish a maximum permissible level 

for residues of Aspergillus flavus AF36 

under the FFDCA. 

DATES: This regulation is effective 

March 23, 2011. Objections and requests 

for hearings must be received on or 

before May 23, 2011, and must be filed 

in accordance with the instructions 

provided in 40 CFR part 178 (see also 

Unit I.C. of the SUPPLEMENTARY

INFORMATION). 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2010–0101. All documents in the 

docket are listed in the docket index 

available at http://www.regulations.gov. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available in the electronic docket at 

http://www.regulations.gov, or, if only 

available in hard copy, at the Office of 

Pesticide Programs (OPP) Regulatory 

Public Docket in Rm. S–4400, One 

Potomac Yard (South Bldg.), 2777 S. 

Crystal Dr., Arlington, VA. The Docket 

Facility is open from 8:30 a.m. to 4 p.m., 

Monday through Friday, excluding legal 

holidays. The Docket Facility telephone 

number is (703) 305–5805. 

FOR FURTHER INFORMATION CONTACT: 

Shanaz Bacchus, Biopesticides and 

Pollution Prevention Division (7511P), 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 308–8097; e-mail address: 

bacchus.shanaz@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 


erowe on DSK5CLS3C1PROD with RULES