3856 Federal Register / Vol. 75, No. 15 / Monday, January 25, 2010 / Rules and Regulations 

Governments’’ (65 FR 67249; November 

9, 2000), requires DOE to develop an 

accountable process to ensure 

‘‘meaningful and timely input by tribal 

officials in the development of 

regulatory policies that have tribal 

implications.’’ ‘‘Policies that have tribal 

implications’’ refers to regulations that 

have ‘‘substantial direct effects 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.’’ 

Today’s regulatory action is not a policy 

that has ‘‘tribal implications’’ under 

Executive Order 13175. Today’s 

regulatory action amends the eligibility 

provisions applicable to multi-unit 

buildings under the Weatherization 

Assistance Program. DOE has reviewed 

today’s action under Executive Order 

13175 and has determined that it is 

consistent with applicable policies of 

that Executive Order. 

K. Congressional Notification 

As required by 5 U.S.C. 801, DOE will 

submit to Congress a report regarding 

the issuance of today’s final rule prior 

to the effective date set forth at the 

outset of this notice. The report will 

state that it has been determined that 

the rule is a ‘‘major rule’’ as defined by 

5 U.S.C. 804(2). DOE also will submit 

the supporting analyses to the 

Comptroller General in the U.S. 

Government Accountability Office 

(GAO) and make them available to each 

House of Congress. 

V. Approval of the Office of the 

Secretary 

The Secretary of Energy has approved 

publication of today’s final rule. 

List of Subjects in 10 CFR Part 440 

Administrative practice and 

procedure, Aged, Energy conservation, 

Grant programs—energy, Grant 

programs—housing and community 

development, Housing standards, 

Indians, Individuals with disabilities, 

Reporting and recordkeeping 

requirements, Weatherization. 

Issued in Washington, DC, on January 14, 

2010. 

Catherine R. Zoi, 

Assistant Secretary, Energy Efficiency and 

Renewable Energy. 

■ For the reasons set forth in the 

preamble, DOE is amending Part 440 of 

chapter II of title 10, Code of Federal 

Regulations to read as follows: 

PART 440—WEATHERIZATION 

ASSISTANCE PROGRAM FOR LOWINCOME PERSONS 

■ 1. The authority citation for Part 440 

continues to read as follows: 

Authority: 42 U.S.C. 6861, et seq.; 42 

U.S.C. 7101 et seq. 

■ 2. Section 440.22 is amended by 

adding paragraph (b)(4) to read as 

follows: 

§ 440.22 Eligible dwelling units. 

* * * * * 

(b) * * * 

(4)(i) A building containing rental 

dwelling units meets the requirements 

of paragraph (b)(2), and paragraphs 

(b)(3)(ii) and (b)(3)(iv), of this section if 

it is included on the most recent list 

posted by DOE of Assisted Housing and 

Public Housing buildings identified by 

the U.S. Department of Housing and 

Urban Development as meeting those 

requirements. 

(ii) A building containing rental 

dwelling units meets the requirements 

of paragraph (b)(2), and paragraph 

(b)(3)(iv), of this section if it is included 

on the most recent list posted by DOE 

of Assisted Housing and Public Housing 

buildings identified by the U.S. 

Department of Housing and Urban 

Development as meeting those 

requirements. 

(iii) A building containing rental 

dwelling units meets the requirement of 

paragraph (b)(2) of this section if it is 

included on the most recent list posted 

by DOE of Low Income Housing Tax 

Credit buildings identified by the U.S. 

Department of Housing and Urban 

Development as meeting that 

requirement and of Rural Housing 

Service Multifamily Housing buildings 

identified by the U.S. Department of 

Agriculture as meeting that requirement. 

(iv) For buildings identified under 

paragraphs (b)(4)(i), (ii) and (iii) of this 

section, States will continue to be 

responsible for ensuring compliance 

with the remaining requirements of this 

section, and States shall establish 

requirements and procedures to ensure 

such compliance in accordance with 

this section. 

* * * * * 

[FR Doc. 2010–1300 Filed 1–22–10; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2009–0453] 

RIN 1625–AA09 

Drawbridge Operation Regulations; 

Great Egg Harbor Bay, Between 

Beesleys Point and Somers Point, NJ 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is changing 

the regulations that govern the operation 

of the US Route 9/Beesleys Point Bridge 

over Great Egg Harbor Bay, at mile 3.5, 

between Beesleys Point and Somers 

Point, NJ. This rule will allow the 

drawbridge to operate on an advance 

notice basis during specific dates and 

times of the year. The rule change will 

result in more efficient use of the bridge 

during dates and times of infrequent 

transit. 

DATES: This rule is effective February 

24, 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– 

0453 and are available online by going 

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

USCG–2009–0453 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 Sandra S. Elliott, Bridge 

Administration Branch, Fifth Coast 

Guard District, telephone 757–398– 

6557, e-mail Sandra.S.Elliott@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 June 24, 2009, we published a 

notice of proposed rulemaking (NPRM) 

entitled Drawbridge Operation 

Regulations; Great Egg Harbor Bay, 

between Beesleys Point and Somers 

Point, NJ, in the Federal Register (74 FR 

30031). We received two comments on 


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Federal Register / Vol. 75, No. 15 / Monday, January 25, 2010 / Rules and Regulations 3857 

the proposed rule. No public meeting 

was requested, and none was held. 

Background and Purpose 

The Cape May County Department of 

Public Works, (The County) is 

responsible for the operation of the U.S. 

Route 9 Bridge, at mile 3.5, across Great 

Egg Harbor Bay, between Beesleys Point 

and Somers Point, NJ. The County 

requested advance notification for 

vessel openings during specific dates 

and times of the year due to the 

infrequency of requests for vessel 

openings of the drawbridge. 

The U.S. Route 9/Beesleys Point 

Bridge has a vertical clearance of eight 

feet above mean high water in the 

closed-to-navigation position. The 

existing operating schedule is set out in 

33 CFR 117.5, which requires the 

drawbridge to open promptly and fully 

for the passage of vessels when a request 

to open is given. 

Bridge opening data, supplied by the 

County, revealed minimal requests for 

vessel openings during periods of time 

that the County desires to have the 

bridge unmanned. The numbers of 

openings vary from a high number of 

openings during the summer and a low 

number of openings during the winter. 

Similarly, there are very few openings 

during the hours of darkness. (See 

Table) 

SUMMER BRIDGE OPENINGS—MAY 15 TO SEPTEMBER 30 

2003 2004 2005 2006 2007 2008 

12 a.m. to 6 a.m ...................................................................................... 5 6 6 4 4 0 

10 p.m. to 6 a.m ...................................................................................... 5 10 7 10 10 4 

8 p.m. to 6 a.m ........................................................................................ 25 22 16 22 18 18 

WINTER BRIDGE OPENINGS—OCTOBER 1 TO MAY 14 

2003 2004 2005 2006 2007 2008 

12 a.m. to 6 a.m ...................................................................................... 2 5 4 1 5 5 

10 p.m. to 6 a.m ...................................................................................... 4 5 8 1 5 9 

8 p.m. to 6 a.m ........................................................................................ 5 5 11 3 7 10 

Due to the small number of bridge 

openings during the winter from 2003 to 

2008, the County requested to change 

the current operating regulation by 

requiring the draw of the bridge to open 

if at least two hours notice is given on 

signal from October 1 to May 14 from 

8 p.m. to 6 a.m., and from May 15 to 

September 30 from 10 p.m. to 6 a.m. At 

all other times, the draw shall open on 

signal. 

The County requests an additional 

change to the operating regulations to 

allow the U.S. Route 9/Beesleys Point 

Bridge to operate on an advance notice 

on December 24 through December 26 of 

every year. This advance notice request 

coincides with other drawbridges 

operated by the County for the same 

dates in December. 

The County will install a sign on both 

faces of the bascule span indicating the 

hours of operations and a two-hour 

advance notice when the bridge is 

unmanned. The sign will also list the 

County Public Works Department 24- 

hour telephone number at (609) 368– 

4591. 

The Coast Guard believes that all of 

the changes are reasonable because the 

drawbridge would still open during 

specific dates and times after the 

advance notice is given. 

Discussion of Comments and Changes 

The Coast Guard received two 

comments to the NPRM. One of the 

respondents was a commercial shipyard 

owner who did not foresee a problem 

with the regulation as proposed. 

However, many of his commercial 

customers would prefer that the bridge 

be constructed for a wider horizontal 

clearance. In response, the County 

indicated that a budget has been 

developed for rehabilitation of their 

bridges and currently an investigation is 

under way to determine if a reasonable 

rehabilitation program can be 

undertaken to accommodate wider 

vessels. 

The other respondent, a local 

resident, also agreed to the proposal, 

however, suggested that the bridge be 

left in the open position to vessels until 

the bridge is reopened to vehicle traffic. 

The County responded that due to the 

potential damage, the moveable span 

leaves must be physically locked with 

cables for the span to be in an up 

position for any length of time. The cost 

to design such a system would be 

excessive. However, the County expects 

to perform construction activity on the 

bridge within a year and would then 

have to lower the bridge for access. In 

addition, the County is concerned about 

vandalism if no one was at the bridge 

for long periods of time. Based on the 

comments received and information 

provided, the Coast Guard will 

implement the final rule with no 

substantive changes to the NPRM. Text 

modifications are revised for clarity and 

consistency. 

Discussion of Rule 

The Coast Guard will insert new 

regulations at 33 CFR § 117.722. The 

draw of the U.S. Route 9/Beesleys Point 

Bridge shall open if at least two hours 

notice is given from October 1 to May 

14 from 8 p.m. to 6 a.m., from May 15 

to September 30 from 10 p.m. to 6 a.m., 

and from 8 p.m. on December 24 until 

and including 6 a.m. on December 26 of 

every year; and shall open on signal at 

all other times. 

Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analysis 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. 

We reached this conclusion based on 

the fact that these changes have only a 

minimal impact on maritime traffic 

transiting the bridge. Mariners can plan 


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3858 Federal Register / Vol. 75, No. 15 / Monday, January 25, 2010 / Rules and Regulations 

their trips in accordance with the bridge 

schedule to minimize delays. 

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 affect the following 

entities, some of which might be small 

entities: The owners or operators of 

vessels needing to transit the bridge 

from October 1 to May 14 from 8 p.m. 

to 6 a.m., from May 15 to September 30 

from 10 p.m. to 6 a.m., and from 8 p.m. 

on December 24 until 6 a.m. on 

December 26. 

This rule will not have a significant 

economic impact on a substantial 

number of small entities because the 

rule only adds minimal restrictions to 

the movement of navigation, and 

mariners who plan their transits in 

accordance with the bridge schedule 

can minimize delay. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement Act of 

1966 (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. Add new § 117.722 to read as 

follows: 

§ 117.722 Great Egg Harbor Bay. 

The draw of the U.S. Route 9/Beesleys 

Point Bridge, mile 3.5, shall open if at 

least two hours’ notice is given from 

October 1 to May 14 from 8 p.m. to 6 


jlentini on DSKJ8SOYB1PROD with RULES
Federal Register / Vol. 75, No. 15 / Monday, January 25, 2010 / Rules and Regulations 3859 

a.m., from May 15 to September 30 from 

10 p.m. to 6 a.m., and from 8 p.m. on 

December 24 until and including 6 a.m. 

on December 26 of every year; and shall 

open on signal at all other times. 

Dated: January 4, 2010. 

Wayne E. Justice, 

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

Fifth Coast Guard District. 

[FR Doc. 2010–1264 Filed 1–22–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–1130] 

RIN 1625–AA00 

Safety Zone; Baltimore Captain of Port 

Zone 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary interim rule with 

request for comments. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone in 

all navigable waters of the Captain of 

the Port Baltimore zone. The temporary 

safety zone restricts vessels from 

transiting the zone during the effective 

period, unless authorized by the Captain 

of the Port Baltimore, or his designated 

representative. This safety zone is 

necessary to protect mariners from the 

hazards associated with ice in the 

navigable waterway. 

DATES: This temporary interim rule is 

effective in the CFR on January 25, 2010 

until April 15, 2010. This temporary 

interim rule is enforceable with actual 

notice by Coast Guard personnel 

beginning on January 6, 2010. 

Comments and related material must 

reach the Coast Guard on or before 

February 24, 2010 or reach the Docket 

Management Facility by that date. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2009–1130 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: 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– 

0001. 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

interim rule, call or e-mail Ronald L. 

Houck, Sector Baltimore Waterways 

Management Division, Coast Guard; 

telephone 410–576–2674, e-mail 

Ronald.L.Houck@uscg.mil. If you have 

questions on viewing or submitting 

material to the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted, 

without change, to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2009–1130), 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online (via http:// 

www.regulations.gov) or by fax, mail or 

hand delivery, but please use only one 

of these means. If you submit a 

comment online via http:// 

www.regulations.gov, it will be 

considered received by the Coast Guard 

when you successfully transmit the 

comment. If you fax, hand delivery, or 

mail your comment, it will be 

considered as having been received by 

the Coast Guard when it is received at 

the Docket Management Facility. We 

recommend that you include your name 

and a mailing address, an e-mail 

address, or a telephone number in the 

body of your document so that we can 

contact you if we have questions 

regarding your submission. 

To submit your comment online, go to 

http://www.regulations.gov, click on the 

‘‘submit a comment’’ box, which will 

then become highlighted in blue. In the 

‘‘Document Type’’ drop down menu 

select ‘‘Proposed Rule’’ and insert 

‘‘USCG–2009–1130’’ in the ‘‘Keyword’’ 

box. Click ‘‘Search’’ then click on the 

balloon shape in the ‘‘Actions’’ column. 

If you submit your comments by mail or 

hand delivery, submit them in an 

unbound format, no larger than 81⁄2 by 

11 inches, suitable for copying and 

electronic filing. If you submit them by 

mail and would like to know that they 

reached the Facility, please enclose a 

stamped, self-addressed postcard or 

envelope. We will consider all 

comments and material received during 

the comment period and may change 

this rule based on your comments. 

Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov, click on the 

‘‘read comments’’ box, which will then 

become highlighted in blue. In the 

‘‘Keyword’’ box insert ‘‘USCG–2009– 

1130’’ and click ‘‘Search.’’ Click the 

‘‘Open Docket Folder’’ in the ‘‘Actions’’ 

column. You may also visit either the 

Docket Management Facility in Room 

W12–140 on the ground floor of the 

Department of Transportation West 

Building, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. We have an 

agreement with the Department of 

Transportation to use the Docket 

Management Facility. 

Privacy Act 

Anyone can search the electronic 

form of comments received into any of 

our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review a Privacy 

Act, system of records notice regarding 

our public dockets in the January 17, 

2008 issue of the Federal Register (73 

FR 3316). 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for one using one of the four methods 

specified under ADDRESSES. Please 

explain why you believe a public 

meeting would be beneficial. If we 

determine that one would aid this 

rulemaking, we will hold one at a time 

and place announced by a later notice 

in the Federal Register. 

Regulatory Information 

The Coast Guard is issuing this 

temporary interim 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 


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