Federal Register / Vol. 73, No. 171 / Wednesday, September 3, 2008 / Rules and Regulations 51361 

Grove, OK, Grove Muni, RNAV (GPS) RWY 

18, Amdt 1 

Grove, OK, Grove Muni, Takeoff Minimums 

and Obstacle DP, Orig 

Quakertown, PA, Quakertown, Takeoff 

Minimums and Obstacle DP, Orig 

Fort Worth, TX, Bourland Field, Takeoff 

Minimums and Obstacle DP, Orig 

Plains, TX, Yoakum County, RNAV (GPS) 

RWY 3, Orig 

Plains, TX, Yoakum County, RNAV (GPS) 

RWY 21, Orig 

Taylor, TX, Taylor Muni, Takeoff Minimums 

and Obstacle DP, Orig 

Taylor, TX, Taylor Muni, VOR/DME RWY 17, 

Amdt 1 

Waco, TX, TSTC-Waco, ILS OR LOC RWY 

17L, Amdt 12 

Waco, TX, TSTC-Waco, Takeoff Minimums 

and Obstacle DP, Orig 

Moses Lake, WA, Grant County Intl, GPS 

RWY 4, Orig-B, CANCELLED 

Moses Lake, WA, Grant County Intl, GPS 

RWY 14L, Orig-B, CANCELLED 

Moses Lake, WA, Grant County Intl, GPS 

RWY 22, Orig-B, CANCELLED 

Moses Lake, WA, Grant County Intl, RNAV 

(GPS) RWY 4, Orig 

Moses Lake, WA, Grant County Intl, RNAV 

(GPS) RWY 14L, Orig 

Moses Lake, WA, Grant County Intl, RNAV 

(GPS) RWY 22, Orig 

Martinsburg, WV, Eastern WV Regional/ 

Shepherd, RNAV (GPS) RWY 8, Orig 

Martinsburg, WV, Eastern WV Regional/ 

Shepherd, RNAV (GPS) RWY 26, Orig 

Martinsburg, WV, Eastern WV Regional/ 

Shepherd, Takeoff Minimums and Obstacle 

DP, Amdt 6 

Martinsburg, WV, Eastern WV Regional/ 

Shepherd, VOR-A, Amdt 9 

On August 7, 2008 (73 FR 458660) the FAA 

published an Amendment in Docket No. 

30620, Amdt No. 3280 to Part 97 of the 

Federal Aviation Regulations under section 

97.31 effective September 25, 2008 which is 

corrected to read as follows: 

Bangore, ME, Bangor Intl, RADAR–1, Amdt 

4B 

[FR Doc. E8–19514 Filed 9–2–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2008–0850] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Plaquemine Brule Bayou, Midland, LA 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is removing 

the published drawbridge operation 

regulation for the draw of the Union 

Pacific railroad bridge across 

Plaquemine Brule Bayou, mile 5.1, at 

Midland, LA. It has been determined 

that this bridge no longer exists. Since 

the bridge no longer exists, the 

regulation controlling the opening and 

closing of the bridge is no longer 

necessary. 

DATES: This rule is effective September 

3, 2008. 

ADDRESSES: Documents mentioned in 

this preamble as being available in the 

docket are part of docket USCG–2008– 

0850 and are available online at http:// 

www.regulations.gov. This material is 

also available for inspection or copying 

at two locations: 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, and the office 

of the Commander, Eighth Coast Guard 

District, Bridge Administration Branch, 

500 Poydras Street, Room 1313, New 

Orleans, LA 70130–3310 between 7 a.m. 

and 3 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call 

David M. Frank, Bridge Administration 

Branch, telephone (504) 671–2128. 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 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 it has 

been determined that the bridge no 

longer exists and mariners do not have 

to request an opening of the draw. 

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

Guard finds good cause exists for 

making this rule effective in less than 30 

days after publication in the Federal 

Register. There is no need to delay the 

implementation of this rule because the 

bridge it governs is already out of 

service and mariners are no longer 

required to request an opening. 

Background and Purpose 

A recent survey of the waterways 

within the District has determined that 

the Union Pacific railroad bridge across 

Plaquemine Brule Bayou, mile 5.1, at 

Midland, no longer exists. It is unclear 

when the bridge was removed from the 

waterway; however, mariners are no 

longer restricted from passing through 

the area because of a requirement to 

have the draw of the bridge opened. The 

regulation governing the operation of 

the bridge is found in 33 CFR 

117.489(a). The purpose of this rule is 

to remove 33 CFR 117.489(a) from the 

Code of Federal Regulations since it 

governs a bridge that is no longer in 

existence. 

Discussion of Rule 

The Coast Guard is changing the 

regulation in 33 CFR 117 without 

publishing an NPRM. The change 

removes the regulation governing the 

bridge since the bridge no longer exists. 

This change does not affect vessel 

operators using the waterway. Thus, it 

is not necessary to publish an NPRM. 

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. The Coast Guard does not 

consider this rule to be ‘‘significant’’ 

under that Order because it does not 

affect the way vessels operate on the 

waterway. 

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. 


yshivers on PROD1PC62 with RULES
51362 Federal Register / Vol. 73, No. 171 / Wednesday, September 3, 2008 / Rules and Regulations 

The Coast Guard certifies under 5 

U.S.C. 605(b) that this proposed rule 

will not have a significant economic 

impact on a substantial number of small 

entities. This proposed rule will not 

significantly impact any small entities 

because the bridge no longer exists and 

no longer affects vessel operators that 

would have required an opening of the 

draw. 

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 

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 5100.1 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 there are no factors 

in this case that would limit the use of 

a categorical exclusion under section 

2.B.2 of the Instruction. Therefore, this 

rule is categorically excluded, under 

figure 2–1, paragraph (32)(e) of the 

Instruction, from further environmental 

documentation. 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. § 117.489 is revised to read as 

follows: 

§ 117.489 Plaquemine Brule Bayou. 

The draw of the S91 bridge, mile 8.0 

at Estherwood, shall open on signal 

from 5 a.m. to 9 p.m. if at least four 

hours notice is given. From 9 p.m. to 5 

a.m., the draw shall open on signal if at 

least 12 hours notice is given. 

Dated: August 25, 2008. 

J.H. Korn, 

Captain, U.S. Coast Guard, Commander, 8th 

Coast Guard District, Acting. 

[FR Doc. E8–20362 Filed 9–2–08; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2008–0835] 

RIN 1625–AA00 

Safety Zone; Waters Surrounding S/V 

FALLS OF CLYDE, HI 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary 500-yard 

moving safety zone around the S/V 

FALLS OF CLYDE and her tow vessel(s) 

during transit within the Honolulu 

Captain of the Port Zone. The safety 

zone is established at the request of the 

Hawaii Maritime Center to protect 

vessels and persons from approaching 

too close to the dead-ship tow of the 

S/V FALLS OF CLYDE. Entry of persons 

or vessels into this temporary safety 


yshivers on PROD1PC62 with RULES