24400 Federal Register / Vol. 75, No. 86 / Wednesday, May 5, 2010 / Rules and Regulations 

hereby authorized to determine that 

circumstances no longer warrant the blocking 

of the property and interests in property of 

a person listed in the Annex to this order, 

and to take necessary action to give effect to 

that determination. 

Sec. 8. This order is not intended to, and 

does not, create any right or benefit, 

substantive or procedural, enforceable at law 

or in equity by any party against the United 

States, its departments, agencies, or entities, 

its officers, employees, or agents, or any other 

person. 

Sec. 9. This order is effective at 12:01 a.m. 

eastern standard time on April 13, 2010. 

Barack Obama, 

THE WHITE HOUSE, 

April 12, 2010. 

ANNEX 

Individuals 

1. Abshir ABDILLAHI [born circa 1966] 

2. Hassan Abdullah Hersi AL–TURKI [born 

circa 1944] 

3. Hassan Dahir AWEYS [born 1935] 

4. Ahmed Abdi AW–MOHAMED [born 10 

July 1977] 

5. Yasin Ali BAYNAH [born circa 1966] 

6. Mohamed Abdi GARAAD [born circa 

1973] 

7. Yemane GHEBREAB [born 21 July 1951] 

8. Fuad Mohamed KHALAF [born circa 

1965] 

9. Bashir Mohamed MAHAMOUD [born 

circa 1979–1982] 

10. Fares Mohammed MANA’A [born 8 

February 1965] 

11. Mohamed SA’ID [born circa 1966] 

Entity 

1. al-Shabaab 

Dated: April 19, 2010. 

Adam J. Szubin, 

Director, Office of Foreign Assets Control. 

Approved: April 22, 2010. 

Stuart A. Levey, 

Under Secretary, Office of Terrorism and 

Financial Intelligence, Department of the 

Treasury. 

[FR Doc. 2010–9829 Filed 5–4–10; 8:45 am] 

BILLING CODE 4811–45–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2010–0188] 

National Maritime Week Tugboat 

Races, Seattle, WA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the Special Local Regulation for the 

annual National Maritime Week 

Tugboat Races in Elliott Bay, WA on 

May 8, 2010. This action is necessary to 

ensure the safety of all participants and 

spectators from the inherent dangers 

associated with these types of races. 

During the enforcement period, no 

person or vessel may enter or remain in 

the regulated area except for 

participants in the event, supporting 

personnel, vessels registered with the 

event organizer, and personnel or 

vessels authorized by the Coast Guard 

Patrol Commander. 

DATES: The regulations in 33 CFR 

100.1306 will be enforced on May 8, 

2010. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this notice, call 

or e-mail Ensign Ashley M. Wanzer, 

Sector Seattle Waterways Management 

Division, Coast Guard; telephone 206– 

217–6175, e-mail 

SectorSeattleWWM@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the Special Local 

Regulation for the annual National 

Maritime Week Tugboat Races, Seattle, 

WA in 33 CFR 100.1306 on May 8, 2010. 

These regulations can be found in the 

April 17, 1996 issue of the Federal 

Register (70 FR 23938). 

A regulated area is established on that 

portion of Elliott Bay along the Seattle 

waterfront in Puget Sound bounded by 

a line beginning at: 47°37′36′′ N, 

122°22′42′′ W; thence to 47°37′24.5′′ N, 

122°22′58.5′′ W; thence to 47°36′08′′ N, 

122°20′53′′ W; thence to 47°36′21′′ N, 

122°20′31′′ W; thence returning to the 

origin. This regulated area resembles a 

rectangle measuring approximately 

3,900 yards along the shoreline between 

Pier 57 and Pier 89, and extending 

approximately 650 yards into Elliott 

Bay. Temporary floating markers will be 

placed by the race sponsors to delineate 

the regulated area. [Datum: NAD 1983] 

No person or vessel may enter or 

remain in the regulated area except for 

participants in the event, supporting 

personnel, vessels registered with the 

event organizer, and personnel or 

vessels authorized by the Coast Guard 

Patrol Commander. 

When deemed appropriate, the Coast 

Guard may establish a patrol consisting 

of active and auxiliary Coast Guard 

vessels and personnel in the regulated 

area described above. The patrol shall 

be under the direction of a Coast Guard 

officer or petty officer designated by the 

Captain of the Port as the Coast Guard 

Patrol Commander. The Patrol 

Commander may forbid and control the 

movement of vessels in this regulated 

area. 

A succession of sharp, short blasts 

from whistle or horn from vessels 

patrolling the area under the direction 

of the Patrol Commander shall serve as 

a signal to stop. Vessels signaled shall 

stop and comply with the orders of the 

patrol vessel. Failure to do so may result 

in expulsion from the area, citation for 

failure to comply, or both. 

The Coast Guard may be assisted by 

other Federal, State, or local law 

enforcement agencies in enforcing this 

regulation. 

This notice is issued under authority 

of 33 CFR 100.1306 and 5 U.S.C. 552 (a). 

If the COTP determines that the 

regulated area need not be enforced for 

the full duration stated in this notice, he 

or she may use a Broadcast Notice to 

Mariners to grant general permission to 

enter the regulated area. 

Dated: April 13, 2010 

Suzanne E. Englebert, 

Captain, U.S. Coast Guard, Captain of the 

Port, Puget Sound. 

[FR Doc. 2010–10499 Filed 5–4–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2009–0249] 

RIN 1625–AA09 

Drawbridge Operation Regulation; CSX 

Railroad, Trout River, Mile 0.9, 

Jacksonville, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is changing 

the regulation governing the operation 

of the CSX Railroad Bridge across the 

Trout River, mile 0.9, Jacksonville, 

Florida. This rule will allow the bridge 

to operate using an automated system, 

without an onsite bridge tender. 

Currently, the bridge is required to open 

on signal from 6 a.m. until 10 p.m.; and 

from 10 p.m. until 6 a.m. the draw shall 

open on signal if at least 12 hours notice 

is given. 

DATES: This rule is effective June 4, 

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– 

0249 and are available online by going 

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

USCG–2009–0249 in the ‘‘Keyword’’ 

box, and then clicking ‘‘Search.’’ This 

material is also available for inspection 

or copying at the Docket Management 


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Federal Register / Vol. 75, No. 86 / Wednesday, May 5, 2010 / Rules and Regulations 24401 

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 proposed 

rule, call or e-mail Mr. Michael 

Lieberum, 

Michael.b.lieberum@uscg.mil, Seventh 

Coast Guard District, Bridge Branch, 909 

S.E. 1st Ave., Miami, FL 33131, 

telephone number 305–415–6744. 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 June 4, 2009, we published a 

notice of proposed rulemaking (NPRM) 

entitled CSX Railroad, Trout River, mile 

0.9, Jacksonville, FL in the Federal 

Register (74 FR 106). We received no 

comments on the proposed rule. No 

public meeting was requested, and none 

was held. 

Background and Purpose 

The bridge owner, CSX Railroad, has 

requested that the Coast Guard remove 

the existing regulations governing the 

operation of the CSX Railroad Bridge 

over the Trout River and allow the 

bridge to operate utilizing an automated 

system. The request is made because 

there are only four train transits per day 

that are short in duration. Under the 

proposed rule, the bridge would remain 

in the open position to vessel traffic at 

all times, closing only to accommodate 

train traffic. 

The CSX Railroad Bridge is located on 

the Trout River, mile 0.9, Jacksonville, 

Florida. The current regulation 

governing the operation of the CSX 

Railroad Bridge is published in 33 CFR 

117.337 and requires the bridge to open 

on signal from 6 a.m. until 10 p.m.; and 

from 10 p.m. until 6 a.m. the draw shall 

open on signal if at least 12 hours notice 

is given. 

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 rule will provide less 

restrictive vessel traffic flow as the 

bridge will be in the open position and 

only lowered when a train approaches 

the bridge. 

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 rule will have less of an impact 

on small entities as the bridge will be in 

the open position and will be closed for 

short periods of time as trains transit 

across this bridge. 

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 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 

does 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 


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24402 Federal Register / Vol. 75, No. 86 / Wednesday, May 5, 2010 / Rules and Regulations 

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 § 117.337 as follows: 

§ 117.337 Trout River. 

The draw of the CSX Railroad Bridge 

across the Trout River, mile 0.9 at 

Jacksonville, operates as follows: 

(a) The bridge is not tended. 

(b) The draw is normally in the fully 

open position, displaying green lights to 

indicate that vessels may pass. 

(c) As a train approaches, provided 

the scanners do not detect a vessel 

under the draw, the lights change to 

flashing red and a horn continuously 

sounds while the draw closes. The draw 

remains closed until the train passes. 

(d) After the train clears the bridge, 

the lights continue to flash red and the 

horn again continuously sounds while 

the draw opens, until the draw is fully 

open and the lights return to green. 

Dated: April 21, 2010. 

R.S. Branham, 

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

Seventh Coast Guard District. 

[FR Doc. 2010–10497 Filed 5–4–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–0124] 

RIN 1625–AA00 

Safety Zone; St. Louis River, Tallas 

Island, Duluth, MN 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone 

around the Tallas Island area of the St. 

Louis River, Duluth, Minnesota. All 

vessels are prohibited from transiting 

the zone unless specifically authorized 

by the Captain of the Port or a 

designated representative. This 

temporary safety zone is necessary in 

order to ensure the safety of the general 

public from hazards associated with the 

dredging project. 

DATES: Effective Date: this rule is 

effective in the CFR from May 5, 2010 

until 11:59 p.m. November 30, 2010. 

This rule is effective with actual notice 

for purposes of enforcement beginning 

12:01 a.m. May 1, 2010 through 11:59 

p.m. November 30, 2010. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2010– 

0124 and are available online by going 

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

USCG–2010–0124 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 temporary 

rule, call or e-mail LT Aaron Gross, 

Chief of Port Operations, MSU Duluth, 

Coast Guard; telephone (218) 720–5286 

Ext. 111, e-mail aaron.l.gross@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 

The Coast Guard is issuing this 

temporary final rule without prior 

notice and opportunity to comment 

pursuant to authority under section 4(a) 

of the Administrative Procedure Act 

(APA) (5 U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because the 

publishing of an NPRM would be 

impracticable and contrary to public 

interest as immediate action is 

necessary to provide for the safety of life 

and property on navigable waters. The 

Coast Guard will issue broadcast notice 

to mariners to advise vessel operators of 

navigational restrictions. On-scene 

Coast Guard and local law enforcement 

vessels will also provide actual notice to 

mariners. 

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

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. Delaying the effective date 

would be contrary to public interest 

because the hazards associated with 

dredging projects could lead to severe 

injury, fatalities, and/or destruction of 

public property. Therefore, immediate 

action is needed to ensure the public’s 

safety. 

Basis and Purpose 

This temporary safety zone is 

necessary to ensure the safety of the 

general public from the potential threat 

associated with the dredging project 

beginning at Tallas Island, St. Louis 

River. The Captain of the Port Duluth 

has determined this activity could pose 

significant risk to public safety and 

property. Establishing a safety zone to 

control vessel movement around the 

location of the work site will help 

prevent damage and injury to workers 

on the site, any recreational vessels, the 

public and help minimize the associated 

risks. 


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