41632 Federal Register / Vol. 74, No. 158 / Tuesday, August 18, 2009 / Rules and Regulations 

Semduramicin in grams 

per ton 

Combination in grams per 

ton Indications for use Limitations Sponsor 

(3) 22.7 Virginiamycin 5 to 15 Broiler chickens: As in paragraph 

(e)(1) of this section; for increased rate of weight gain. 

Feed continuously as sole ration. 

Withdraw 1 day before slaughter. Do not feed to laying hens. 

Virginiamycin provided by No. 

066104 in § 510.600(c) of this 

chapter. 

066104 

(4) 22.7 Virginiamycin 20 Broiler chickens: As in paragraph 

(e)(1) of this section; for prevention of necrotic enteritis caused 

by C. perfringens susceptible to 

virginiamycin. 

Feed continuously as sole ration. 

Withdraw 1 day before slaughter. Do not feed to laying hens. 

Virginiamycin provided by No. 

066104 in § 510.600(c) of this 

chapter. 

066104 

Dated: August 12, 2009. 

William T. Flynn, 

Acting Director, Center for Veterinary 

Medicine. 

[FR Doc. E9–19738 Filed 8–17–09; 8:45 am] 

BILLING CODE 4160–01–S 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2009–0101] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Sabine River, Echo, TX 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is changing 

the regulation governing the operation 

of the Union Pacific Railroad Swing 

Span Bridge across the Sabine River, 

mile 19.3, at Echo, Orange County, TX. 

The bridge currently opens on signal 

with 24 hours advance notice but 

because of the limited number of 

requests for openings, the bridge owner 

requested an increase in the length of 

notification time required to open the 

bridge. 

DATES: This rule is effective September 

17, 2009. 

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–2009– 

0101 and are available online by going 

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

USCG–2009–0101 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 Kay Wade, Bridge 

Administration Branch, Coast Guard; 

telephone 504–671–2128, e-mail 

kay.b.wade@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 March 26, 2009, we published a 

notice of proposed rulemaking (NPRM) 

entitled Drawbridge Operation 

Regulation; Sabine River, Echo, TX in 

the Federal Register (74 FR 13164). We 

received 2 comments on the proposed 

rule. No public meeting was requested, 

and none was held. 

Background and Purpose 

Due to a lack of bridge openings 

requested by mariners, Union Pacific 

Railroad Company, the bridge owner, 

requested a change in the operating 

regulation governing the Union Pacific 

railroad swing span bridge across the 

Sabine River, mile 19.3 at Echo, Texas 

from 24 hours advance notice to open 

the bridge to 14 days advance notice to 

open the bridge. This change allows the 

bridge owner to open the bridge for the 

passage of vessels while minimizing his 

requirements to staff and maintain the 

bridge. The bridge has a vertical 

clearance of 7.9 feet above Mean High 

Water (MHW), elevation 2.18 feet NGVD 

in the closed-to-navigation position and 

unlimited in the open-to-navigation 

position. In accordance with 33 CFR 

117.493(a), the bridge is currently 

required to open on signal for the 

passage of marine vessels if at least 24 

hours of advanced notice is given. 

Bridge tender logs indicate no requests 

for bridge openings in several years. 

Discussion of Comments and Changes 

The Coast Guard received a total of 

two comments in response to the 

NPRM. The comments were from 

Federal and State agencies having no 

objections to the proposal. Therefore, no 

change was made to the regulatory text. 

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. 

We expect the economic impact of 

this rule to be so minimal that a full 

Regulatory Evaluation is unnecessary. 

The public will need to notify the 

bridge owner of a required opening 14 

days in advance rather than 24 hours in 

advance. There is no change in the 

regulatory text published in the NPRM. 

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. 


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Federal Register / Vol. 74, No. 158 / Tuesday, August 18, 2009 / Rules and Regulations 41633 

This rule will affect the following 

entities, some of which might be small 

entities: The owners or operators of 

vessels needing to transit the bridge 

with less than 14 days advance notice. 

There have been no requests for bridge 

openings in several years so this rule 

will not affect a substantial number of 

small entities. Vessels that can safely 

transit under the bridge may do so at 

any time. Before the effective period, we 

will issue maritime advisories widely 

available to users of the river. 

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 

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 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 effect 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 

■ 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 117.493(a) is revised to read 

as follows: 

§ 117.493 Sabine River. 

(a) The draw of the Union Pacific 

railroad bridge, mile 19.3 near Echo 

shall open on signal if at least 14 days 

notice is given. 

* * * * * 

Dated: August 4, 2009. 

Mary E. Landry, 

Rear Admiral, U.S. Coast Guard Commander, 

Eighth Coast Guard District. 

[FR Doc. E9–19703 Filed 8–17–09; 8:45 am] 

BILLING CODE 4910–15–P 

POSTAL REGULATORY COMMISSION 

39 CFR Part 3020 

[Docket No. CP2009–48; Order No. 267] 

International Mail 

AGENCY: Postal Regulatory Commission. 

ACTION: Final rule. 

SUMMARY: The Commission is making 

changes to the Competitive Product List, 

including adding a new contract within 

the Global Plus 2 product on the 

Competitive Product List. This is 


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