52890 Federal Register / Vol. 74, No. 198 / Thursday, October 15, 2009 / Rules and Regulations 

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 M16475.1D 

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. Therefore 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. 

§ 117.997 [Amended] 

■ 2. In § 117.997, remove paragraph (b) 

and redesignate paragraphs (c) through 

(j) as paragraphs (b) through (i). 

Dated: September 29, 2009. 

Patrick B. Trapp, 

Captain, U.S. Coast Guard, Acting 

Commander, Fifth Coast Guard District. 

[FR Doc. E9–24830 Filed 10–14–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2009–0896] 

Drawbridge Operation Regulation; 

Three Mile Slough, Rio Vista, 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 California 

Route 160 Drawbridge across Three Mile 

Slough, mile 0.1, near Rio Vista, CA. 

The deviation is necessary to allow 

Caltrans to conduct drawbridge 

maintenance. This deviation allows the 

bridge to remain in the closed-tonavigation position during the 

maintenance period. 

DATES: This deviation is effective from 

8 a.m. on October 15, 2009 through 4 

p.m. on November 4, 2009. 

ADDRESSES: Documents mentioned in 

this preamble as being available in the 

docket are part of docket USCG–2009– 

0896 and are available online by going 

to www.regulations.gov, inserting 

USCG–2009–0896 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: If you have 

questions on this rule, call or e-mail 

David H. Sulouff, Chief, Bridge Section, 

Eleventh Coast Guard District; 510–437– 

3516, David.H.Sulouff@uscg.mil. If you 

have questions on viewing the docket, 

call Renee V. Wright, Program Manager, 

Docket Operations, 202–366–9826. 

SUPPLEMENTARY INFORMATION: Caltrans 

requested a temporary change to the 

operation of the California Route 160 

Drawbridge, mile 0.1, Three Mile 

Slough, near Rio Vista, CA. The 

drawbridge navigation span provides a 

vertical clearance of 12 feet above Mean 

High Water in the closed-to-navigation 

position. The drawbridge opens on 

signal as required by 33 CFR 117.5. 

Navigation on the waterway is 

commercial and recreational. 

The drawbridge will be secured in the 

closed-to-navigation position from 8 

a.m. through 4 p.m. Monday through 

Friday, from October 15, 2009 through 

November 4, 2009, to allow Caltrans to 

replace the industrial staircase leading 

to the control house. At all other times 

during this period the drawbridge will 

open on signal as required by 33 CFR 

117.5. This temporary deviation has 

been coordinated with commercial and 

recreational waterway users. There is no 

anticipated levee maintenance during 

this deviation period. No objections to 

the proposed temporary deviation were 

raised. 

Vessels that can transit the 

drawbridge, while in the closed-tonavigation position, may continue to do 

so at any time. 

In the event of an emergency the 

drawbridge can be opened with 4 hours 

advance notice. 

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 01, 2009. 

S.P. Metruck, 

Captain, U.S. Coast Guard, Acting 

Commander, Eleventh Coast Guard District. 

[FR Doc. E9–24831 Filed 10–14–09; 8:45 am] 

BILLING CODE 4910–15–P 


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