Federal Register / Vol. 74, No. 198 / Thursday, October 15, 2009 / Rules and Regulations 52887 

Rate set 

For plans with a 

valuation date Immediate 

annuity rate 

(percent) 

Deferred annuities 

(percent) 

On or after Before i1 i2 i3 n1 n2

* * * * * * * 

193 11–1–09 12–1–09 2.25 4.00 4.00 4.00 7 8 

Issued in Washington, DC, on this 6th day 

of October 2009. 

Vincent K. Snowbarger, 

Acting Director, Pension Benefit Guaranty 

Corporation. 

[FR Doc. E9–24732 Filed 10–14–09; 8:45 am] 

BILLING CODE 7709–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2009–0348] 

RIN 1625–AA09 

Drawbridge Operation Regulation; East 

River, New York City, NY 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard has 

temporarily changed the drawbridge 

operating regulations governing the 

operation of the Roosevelt Island Bridge, 

mile 6.4, across the East River at New 

York City, New York. This temporary 

final rule allows the Roosevelt Island 

Bridge to remain in the closed position 

for eleven months to facilitate a major 

rehabilitation of the bridge. 

DATES: This rule is effective October 15, 

2009 through August 31, 2010. 

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– 

0348 and are available online by going 

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

USCG–2009–0348 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 temporary 

rule, call or e-mail Mr. Joe Arca, Project 

Officer, First Coast Guard District Bridge 

Branch, 212–668–7165, 

joe.m.arca@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 August 13, 2009, we published a 

notice of proposed rulemaking (NPRM) 

entitled Drawbridge Operation 

Regulation; East River, New York City, 

NY, in the Federal Register (74 FR 

40802). We received no comments on 

the proposed rule. No public meeting 

was requested, and none was held. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective in less than 30 

days after publication in the Federal 

Register. A delay or cancellation of this 

ongoing bridge rehabilitation project is 

not in the public interest and would 

further disrupt the flow of vehicular and 

maritime traffic. The rehabilitation 

project is necessary to ensure the 

continued safe and reliable operation of 

the bridge. 

Background and Purpose 

The Roosevelt Island Bridge has a 

vertical clearance of 40 feet at mean 

high water, and 47 feet at mean low 

water in the closed position. The 

existing drawbridge operating 

regulations listed at 33 CFR 117.781, 

require the bridge to open on signal if 

at least a two hour advance notice is 

given. 

The bridge owner, New York City 

Department of Transportation, has 

requested a temporary rule to facilitate 

electrical and mechanical rehabilitation 

at the Roosevelt Island Bridge. 

Under this temporary final rule the 

Roosevelt Island Bridge will remain in 

the closed position from October 1, 2009 

through August 31, 2010. Vessel traffic 

may transit the East River utilizing the 

alternate route around the other side of 

the island. 

Discussion of Comments and Changes 

The Coast Guard received no 

comment letters in response to the 

notice of proposed rulemaking. As a 

result, no changes have been made to 

this temporary final rule. 

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. This conclusion is based upon 

the fact that vessel traffic will still be 

able to transit the East River using the 

alternate route around the island. 

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. 

This conclusion is based upon the fact 

that vessel traffic will still be able to 

transit the East River using the alternate 

route round the island. 

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). 


jlentini on DSKJ8SOYB1PROD with RULES
52888 Federal Register / Vol. 74, No. 198 / Thursday, October 15, 2009 / Rules and Regulations 

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 affect 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. From, October 15, 2009 through 

August 31, 2010, § 117.781 is amended 

by suspending paragraph (c) and adding 

a temporary paragraph (d) to read as 

follows: 

§ 117.781 East River. 

* * * * * 

(d) The draw of the Roosevelt Island 

Bridge at mile 6.4, at New York City, 

need not open for the passage of vessel 

traffic from October 1, 2009 through 

August 31, 2010. 

Dated: September 28, 2009. 

Joseph L. Nimmich, 

Rear Admiral, U.S. Coast Guard Commander, 

First Coast Guard District. 

[FR Doc. E9–24744 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–2009–0814] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Atlantic Intracoastal Waterway (AIWW), 

Elizabeth River, Southern Branch, VA 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is removing 

the existing drawbridge operation 

regulation for the Jordan (S337) Bridge, 

at AIWW mile 2.8, across the Elizabeth 

River (Southern Branch) in Chesapeake, 

VA, because the vertical-lift span has 

been removed. 

DATES: This rule is effective October 15, 

2009. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket, are part of docket USCG–2009– 

0814 and are available by going to 

http://www.regulations.gov, inserting 

USCG–2009–0814 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, 


jlentini on DSKJ8SOYB1PROD with RULES