Federal Register / Vol. 75, No. 109 / Tuesday, June 8, 2010 / Proposed Rules 32349 

241, if any. See paragraph (b) of this 

section. 

(b) A debtor, whose delinquent debt: 

(1) Has not been paid within the time 

limit prescribed by the applicable Act, 

law, regulation, lease, order, demand, 

notice of noncompliance, and/or 

assessment of civil penalties, contract, 

or any other agreement to pay the 

Department money, funds, or property; 

and 

(2) Was the subject of an order, 

demand, notice of noncompliance, and/ 

or assessment of civil penalties that was 

appealable under 30 CFR part 290 or 

part 241, may not re-litigate matters that 

were the subject of the final order or 

appeal decision. This subsection applies 

whether or not the debtor appealed the 

order, demand, notice of 

noncompliance, and/or assessment of 

civil penalties under 30 CFR part 290 or 

part 241. 

§ 218.704 What is MMS’s policy on 

interest, penalty charges, and 

administrative costs? 

(a) Interest. 

(1) The MMS will assess interest on 

all delinquent debts unless prohibited 

by statute, regulation, or contract. 

(2) Interest begins to accrue on all 

debts from the date that the debt 

becomes delinquent unless otherwise 

specified by law or lease terms. 

(3) The MMS will assess interest on 

debts involving Federal and Indian oil 

and gas leases under 30 CFR 218.54 and 

218.102 unless otherwise specified by 

lease terms. 

(4) The MMS will assess interest on 

debts involving Federal and Indian solid 

mineral and geothermal leases under 30 

CFR 218.202 and 218.302 unless 

otherwise specified by lease terms. 

(b) Penalties. We will assess a penalty 

charge of 6 percent a year on any 

delinquent debt, interest, and 

administrative costs assessed under 

paragraph (c) of this section on any debt 

we refer to Treasury at the time we refer 

the debt to Treasury: 

(1) After the debt has been delinquent 

for more than 90 days; and 

(2) The penalty will accrue from the 

date of delinquency. 

(c) Administrative costs. We will 

assess $436.00 for administrative costs 

incurred as a result of the debtor’s 

failure to pay a delinquent debt. We will 

publish a notice of any increase in 

administrative costs assessed under this 

section in the Federal Register. 

(d) Interest, penalties, and 

administrative costs will continue to 

accrue throughout any appeal process. 

(e) Allocation of payments. The MMS 

will apply a partial or installment 

payment by a debtor on a delinquent 

debt sent to Treasury first to outstanding 

penalty assessments, second to 

administrative costs, third to accrued 

interest, and fourth to the outstanding 

debt principal. 

(f) Additional authority. The MMS 

may assess interest, penalty charges, 

and administrative costs on debts that 

are not subject to 31 U.S.C. 3717 to the 

extent authorized under common law or 

other applicable statutory or regulatory 

authority. 

(g) Waiver. Regardless of the amount 

of the debt, the Director may decide to 

waive collection of all or part of the 

accrued penalty charges or 

administrative costs either in 

compromise of the delinquent debt or if 

the Director determines collection of 

these charges would be against equity 

and good conscience or not in the 

Government’s best interest. 

(h) Our decision whether to collect or 

waive collection of penalties and 

administrative costs is the final decision 

for the Department and is not subject to 

administrative review. 

§ 218.705 What is MMS’ policy on revoking 

the ability to engage in Federal or Indian 

leasing, licensing, or granting of 

easements, permits, or rights-of-way? 

For OCS leases, the Director may 

decide to revoke a debtor’s ability to 

engage in Federal OCS leasing, 

licensing, or granting of easements, 

permits, or rights-of-way if the debtor 

inexcusably or willfully fails to pay a 

debt. The Director may also recommend 

that BLM or BIA revoke a debtor’s 

ability to engage in Federal onshore and 

Indian leasing, licensing, or granting of 

easements, permits, or rights-of-way if 

the debtor inexcusably or willfully fails 

to pay a debt. The Director will 

recommend that revocation of a debtor’s 

ability to engage in Federal or Indian 

leasing, licensing, or granting of 

easements, permits, or rights-of-way 

should last only as long as the debtor’s 

indebtedness. 

§ 218.706 What debts can MMS refer to 

Treasury for collection by administrative 

and tax refund offset? 

(a) The MMS may refer any past due, 

legally enforceable debt of a debtor to 

Treasury for administrative and tax 

refund offset at least 60 days after we 

give notice to the debtor under section 

218.703 if the debt: 

(1) Will not have been delinquent 

more than 10 years at the time the offset 

is made; 

(2) Is at least $25.00 or another 

amount established by Treasury; and 

(3) Does not involve Federal oil and 

gas lease obligations for which offset is 

precluded under 30 U.S.C. 1724(b)(3). 

(b) Debts reduced to judgment may be 

referred to Treasury for tax refund offset 

at any time. 

[FR Doc. 2010–13646 Filed 6–7–10; 8:45 am] 

BILLING CODE 4310–MR–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2009–0308] 

RIN 1625–AA09 

Drawbridge Operation Regulation; Old 

River, Between Victoria Island and 

Byron Tract, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Advance notice of proposed 

rulemaking. 

SUMMARY: The Coast Guard is seeking 

comments and information on how best 

to address a proposal to change the 

operating regulation for the State 

Highway 4 Drawbridge, mile 14.8, over 

Old River. The bridge owner has asked 

to change from the existing requirement 

by eliminating the ‘‘on signal’’ openings 

and replacing them with an ‘‘open on 

signal if at least 4 hours notice is given’’ 

at all times. The 4 hour notice would be 

provided to the drawtender at the Rio 

Vista drawbridge across the Sacramento 

River, mile 12.8. This proposed change 

may reduce unnecessary staffing of the 

drawbridge during observed periods of 

reduced navigational activity. 

DATES: Comments and related material 

must reach the Coast Guard on or before 

July 23, 2010. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2009–0308 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. 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
32350 Federal Register / Vol. 75, No. 109 / Tuesday, June 8, 2010 / Proposed Rules 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this notice, call 

or e-mail David H. Sulouff, Chief, Bridge 

Section, Eleventh Coast Guard District; 

telephone (510) 437–3516, e-mail 

David.H.Sulouff@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 respond to this 

notice 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 

notice (USCG–2009–0308), 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 deliver, 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 Rules’’ and insert 

‘‘USCG–2009–0308’’ 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 

the 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– 

0308’’ and click ‘‘Search.’’ Click the 

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

column. You may also visit 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 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 before the comment period ends, 

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 in solving this problem, we 

will hold one at a time and place 

announced by a later notice in the 

Federal Register. 

Background 

Presently, the California Department 

of Transportation (Caltrans) is the owner 

of the State Route 4 Drawbridge, mile 

14.8, over Old River, between Victoria 

Island and Byron Tract, CA (herein 

referenced as Old River State Route 4 

Drawbridge). Caltrans operates this 

drawbridge in accordance with 33 CFR 

117.183: Specifically, opening the 

drawbridge on signal from May 1 

through October 31 from 6 a.m. to 10 

p.m. and from November 1 through 

April 30 from 9 a.m. to 5 p.m. and at 

all other times, opening the draw on 

signal if at least four hours advance 

notice is given to the drawtender at the 

Rio Vista drawbridge across the 

Sacramento River, mile 12.8. The Old 

River State Route 4 Drawbridge provides 

12 feet of vertical clearance for vessels 

above Mean High Water (MHW) in the 

closed-to-navigation position and 

unlimited vertical clearance when open. 

Old River is 44 miles in length and is 

navigable in its entirety, from Franks 

Tract Recreation Area to the west to the 

San Joaquin River to the east. It is 

located in the southern portion of the 

San Joaquin River Delta. There are 

approximately 10 marinas on Old River 

and nearby waterways. From July 2007 

through July 2008 the Old River State 

Route 4 Drawbridge opened for vessels 

42 times, an average of 3.5 times per 

month. From August 2008 through 

January 2009 the Old River State Route 

4 Drawbridge opened 24 times, an 

average of 2 times per month. Most 

openings have been for recreational 

vessels. Commercial vessels regularly 

transiting the area are barges used in 

emergency and routine levee repair. 

Channel maintenance, dredging, search 

and rescue and law enforcement vessels 

also use the waterway. 

Due to infrequent calls for drawbridge 

openings, Caltrans has requested a four 

hour notification for all drawbridge 

openings at this location. A four hour 

notification may allow Caltrans to use 

personnel more efficiently, reduce 

unnecessary staffing of the drawbridge 

during periods of navigational 

inactivity, and may continue to meet the 

reasonable needs of navigation on the 

waterway. 

Information Requested 

Based on the last analysis of this 

waterway the Coast Guard determined 

in 1985 that the existing regulation met 

the reasonable needs of waterway traffic 

while still meeting the needs of land 

traffic and Caltrans. 

To aid us in developing this proposed 

rule, we seek response from all 

waterway users to the following 

questions: 

(1) Would changing the existing 

operating schedule of the Old River 

State Route 4 Drawbridge (found at 33 

CFR 117.183), to the proposed 4 hour 

advance notice at all times, add or 

subtract transit time through this bridge 

or on the waterway? 

(2) Would there be a significant 

economic impact on a substantial 

number of small entities as described in 

the Regulatory Flexibility Act (5 U.S.C. 

601–612)? The term ‘‘small entities’’ 

comprises small businesses, not-forprofit organizations that are 

independently owned and operated and 

are not dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 109 / Tuesday, June 8, 2010 / Proposed Rules 32351 

This document is issued under 

authority of 5 U.S.C. 552(a); 33 CFR 

1.05–1; and 117.8. 

Dated: May 20, 2010. 

J.R. Castillo, 

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

Eleventh Coast Guard District. 

[FR Doc. 2010–13642 Filed 6–7–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2010–0234] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Taunton River, Fall River and 

Somerset, MA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

change the drawbridge operation 

regulations for the Brightman Street (Rt6) Bridge at mile 1.8, between Fall River 

and Somerset, Massachusetts, to help 

relieve the bridge owner from the 

burden of crewing the bridge during 

time periods when the bridge receives 

few requests to open. In addition, we are 

removing some obsolete language from 

the regulations, the operating 

regulations for the Bristol County Bridge 

at mile 10.3, because that bridge has 

subsequently been replaced with a fixed 

span highway bridge. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before July 8, 2010. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2010–0234 using any one of the 

following methods: 

(1) Federal Rulemaking 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 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 proposed 

rule, call or e-mail Mr. John W. 

McDonald, Project Officer, First Coast 

Guard District Bridge Branch, at 617– 

223–8364, e-mail 

john.w.mcdonald@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–2010–0234), 

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 (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 deliver, 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 phone 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 Rules’’ and insert 

‘‘USCG–2010–0234’’ 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 

the 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–2010– 

0234’’ 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 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 one 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. 

Background and Purpose 

The Brightman Street (Rt-6) Bridge at 

mile 1.8, across the Taunton River 

between Fall River and Somerset, 

Massachusetts, has a vertical clearance 

in the closed position of 27 feet at mean 

high water and 31 feet at mean low 

water. The drawbridge operation 

regulations are listed at 33 CFR 117.619. 

The bridge is required under the 

existing regulations to open on signal as 

follows: 

At all times from April 1 through May 

31 and from September 1 through 

November 1. 


emcdonald on DSK2BSOYB1PROD with PROPOSALS