Federal Register / Vol. 75, No. 176 / Monday, September 13, 2010 / Rules and Regulations 55475 

Notice must be preceded by a written 

letter of representation, unless the PrePenalty Notice was served upon the 

alleged violator in care of the 

representative. 

§ 576.703 Penalty imposition. 

If, after considering any written 

response to the Pre-Penalty Notice and 

any relevant facts, the Office of Foreign 

Assets Control determines that there 

was a violation by the alleged violator 

named in the Pre-Penalty Notice and 

that a civil monetary penalty is 

appropriate, the Office of Foreign Assets 

Control may issue a Penalty Notice to 

the violator containing a determination 

of the violation and the imposition of 

the monetary penalty. For additional 

details concerning issuance of a Penalty 

Notice, see Appendix A to part 501 of 

this chapter. The issuance of the Penalty 

Notice shall constitute final agency 

action. The violator has the right to seek 

judicial review of that final agency 

action in federal district court. 

§ 576.704 Administrative collection; 

referral to United States Department of 

Justice. 

In the event that the violator does not 

pay the penalty imposed pursuant to 

this part or make payment arrangements 

acceptable to the Office of Foreign 

Assets Control, the matter may be 

referred for administrative collection 

measures by the Department of the 

Treasury or to the United States 

Department of Justice for appropriate 

action to recover the penalty in a civil 

suit in a federal district court. 

Subpart H—Procedures 

§ 576.801 Procedures. 

For license application procedures 

and procedures relating to amendments, 

modifications, or revocations of 

licenses; administrative decisions; 

rulemaking; and requests for documents 

pursuant to the Freedom of Information 

and Privacy Acts (5 U.S.C. 552 and 

552a), see part 501, subpart E, of this 

chapter. 

§ 576.802 Delegation by the Secretary of 

the Treasury. 

(a) Except as provided in paragraph 

(b) of this section, any action that the 

Secretary of the Treasury is authorized 

to take pursuant to Executive Order 

13303 of May 22, 2003, and any 

subsequent Executive orders relating to 

the national emergency declared 

therein, including but not limited to 

Executive Order 13315 of August 28, 

2003, and Executive Order 13438 of July 

17, 2007, may be taken by the Director 

of the Office of Foreign Assets Control 

or by any other person to whom the 

Secretary of the Treasury has delegated 

the authority so to act. 

(b) Unless otherwise delegated, the 

authority provided in section 2 of 

Executive Order 13315 to confiscate 

property blocked pursuant to this part 

and transfer all vested right, title, and 

interest in such property to the 

Development Fund for Iraq shall be 

exercised only by the Secretary of the 

Treasury, in consultation with the 

Secretary of State. 

Subpart I—Paperwork Reduction Act 

§ 576.901 Paperwork Reduction Act notice. 

For approval by the Office of 

Management and Budget (‘‘OMB’’) under 

the Paperwork Reduction Act of 1995 

(44 U.S.C. 3507) of information 

collections relating to recordkeeping 

and reporting requirements, licensing 

procedures (including those pursuant to 

statements of licensing policy), and 

other procedures, see 501.901 of this 

chapter. An agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

unless it displays a valid control 

number assigned by OMB. 

Dated: September 1, 2010. 

Adam J. Szubin, 

Director, Office of Foreign Assets Control, 

Department of the Treasury. 

Approved: September 2, 2010. 

Stuart A. Levey, 

Under Secretary, Office of Terrorism and 

Financial Intelligence, Department of the 

Treasury. 

[FR Doc. 2010–22546 Filed 9–10–10; 8:45 am] 

BILLING CODE 4810–AL–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2010–0787] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Pequonnock River, Bridgeport, CT 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is removing 

the drawbridge operation regulations 

that govern the operation of two bridges, 

the Congress Street Bridge at mile 0.4, 

and the Grand Street Bridge at mile 0.9, 

across the Pequonnock River at 

Bridgeport, Connecticut. This final rule 

removes the regulations for the two 

bridges because the draw spans of the 

bridges have been removed. 

DATES: This rule is effective September 

13, 2010. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket, are part of docket USCG–2010– 

0787 and are available by going to 

http://www.regulations.gov, inserting 

USCG–2010–0787 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 Ms. Judy Leung-Yee, Project 

Officer, First Coast Guard District Bridge 

Branch, 212–668–7165, 

judy.leung-yee@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 final 

rule without prior notice and 

opportunity to comment pursuant to 

authority under section 4(a) of the 

Administrative Procedures 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 we are 

removing the operation regulations for 

two moveable draw bridges that no 

longer have moveable spans. 

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. The drawbridges listed under 

the regulations we are removing no 

longer have moveable spans; therefore, 

the drawbridge operation regulations are 

no longer necessary. 

Background and Purpose 

The drawbridge operation regulations 

for the Congress Street Bridge at mile 

0.4, and the Grand Street Bridge at mile 

0.9, across the Pequonnock River at 

Bridgeport, Connecticut, are listed at 33 

CFR 117.219(d) and 33 CFR 117.219(f). 

The moveable span at the Congress 

Street Bridge was removed due to 


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55476 Federal Register / Vol. 75, No. 176 / Monday, September 13, 2010 / Rules and Regulations 

deterioration but the approach spans 

have been retained for a future bridge 

replacement. The Grand Street Bridge 

was demolished in its entirety in 2000. 

The Coast Guard, as a result, is 

removing the drawbridge operation 

regulations for the above bridges 

because they are no longer applicable or 

necessary since the moveable spans 

have been removed. 

Discussion of Rule 

This final rule removes the 

drawbridge operation regulations listed 

at 33 CFR 117.219(d) that govern the 

operation of the Congress Street Bridge 

at mile 0.4, and 33 CFR 117.219(f) that 

govern the operation of the Grand Street 

Bridge at mile 0.9, both across the 

Pequonnock River at Bridgeport, 

Connecticut. The moveable spans for 

both bridges were removed and the 

drawbridge operation regulations are no 

longer necessary as a result. 

Paragraph (a) stating that public 

vessels of the United States must be 

passed as soon as possible, will also be 

removed by this final rule because it is 

now listed at 33 CFR 117.31, under 

Subpart A, General Requirements. 

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 we are removing 

regulations that are no longer applicable 

or necessary. 

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 we are removing regulations that 

are no longer applicable or necessary. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we offer to assist small entities in 

understanding the rule so they can 

better evaluate its effect 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 (adjusted for inflation) 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 cause a taking of 

private property or otherwise have a 

taking implication under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property. 

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 


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Federal Register / Vol. 75, No. 176 / Monday, September 13, 2010 / Rules and Regulations 55477 

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 § 117.219 to read as follows: 

§ 117.219 Pequonnock River. 

(a) The draw of the Stratford Avenue 

Bridge at mile 0.1, at Bridgeport, shall 

open on signal; except that, from 6:45 

a.m. to 7:15 a.m., 7:45 a.m. to 8:15 a.m., 

11:45 a.m. to 1:15 p.m., and 4:30 p.m. 

to 6:10 p.m., the draw need not open for 

the passage of vessel traffic. From 

December 1 through March 31, from 8 

p.m. to 4 a.m., the draw shall open on 

signal if at least a six-hour notice is 

given by calling the number posted at 

the bridge. 

(b) The draw of the Metro-North Peck 

Bridge at mile 0.3, at Bridgeport, shall 

open on signal or after three blasts as 

follows: 

(1) From 5:45 a.m. to 9 p.m. except: 

(i) From Monday through Friday, 

excluding holidays or emergencies, the 

draw need not be opened from 6:45 a.m. 

to 7:15 a.m., 7:45 a.m. to 8:15 a.m., and 

4:30 p.m. to 6:10 p.m. 

(ii) From Monday through Friday, 

excluding holidays or emergencies, the 

draw need not be opened more than 

once during the periods from 5:45 a.m. 

to 6:45 a.m., 7:15 a.m. to 7:45 a.m., 8:15 

a.m. to 9 a.m., and 6:10 p.m. to 8:15 

p.m. 

(2) From 9 p.m. to 5:45 a.m., the draw 

shall open on signal if at least an eighthour notice is given by calling the 

number posted at the bridge. 

(3) The draw need not open on signal 

if a train is approaching so closely that 

it may not be safely stopped; however, 

any delay in opening the draw shall not 

exceed seven minutes from the time the 

request to open is received. 

(c) The draw of the East Washington 

Street Bridge at mile 0.6, shall open on 

signal or after one prolonged blast 

followed by two short blasts, if at least 

a twenty four hour notice is given by 

calling the number posted at the bridge. 

Dated: August 27, 2010. 

Daniel A. Neptun, 

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

First Coast Guard District. 

[FR Doc. 2010–22749 Filed 9–10–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–0791] 

RIN 1625–AA00 

Safety Zone; Revolution 3 Triathlon, 

Lake Erie & Sandusky Bay, Cedar 

Point, OH 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

Lake Erie and Sandusky Bay near Cedar 

Point, Ohio. The safety zone is intended 

to restrict vessels from portions of the 

Lake Erie during the Revolution 3 Cedar 

Point Triathlon. The temporary safety 

zone is necessary to protect participants 

of the swim portion of the triathlon race 

from potential hazards from vessels 

operating in the area. 

DATES: This rule is effective from 6:30 

a.m. through 9:30 a.m. on September 12, 

2010. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2010– 

0791 and are available online by going 

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

USCG–2010–0791 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, contact or e-mail MSTC Benjamin 

Wagner, Response Department, Marine 

Safety Unit Toledo, Coast Guard; 

telephone (419) 418–6008, 

Benjamin.D.Wagner@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 an agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 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 publishing 

an NPRM is impractical as the Coast 

Guard did not receive notification of the 

final details of this event in sufficient 

time to issue an NPRM without delaying 

this rulemaking. A delay or cancellation 

of the event in order to allow for a 

notice and comment period is contrary 

to the public interest because of the 

hazards associated with vessel operation 

in close proximity to swimming 

participants. For the same reasons 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. In 

addition, to the reasons stated above, 

this rule is intended to ensure the safety 

of the event participants, spectators, and 

other waterway users; thus any delay in 

the rule’s effective date is impractical. 

Background and Purpose 

The temporary safety zone is 

necessary to ensure the safety of 

participants of the swim portion of a 

triathlon race as well as the safety of 

mariners operating in the vicinity of the 

triathlon. Establishing this temporary 

safety zone to control vessel movement 

around the location of the triathlon 

swim event will help ensure the safety 

of persons and property at the event and 

help minimize any potential risks 

associated with the event. 

Discussion of Rule 

The Coast Guard is establishing a 

temporary safety zone. The safety zone 

will be enforced from 6:30 a.m. through 

9:30 a.m. on September 12, 2010. This 

safety zone will encompass all waters of 

Lake Erie within the geographic area 

bounded by the following coordinates: 

starting at position 41°29′06′′ N, 

082°40′56′′ W; then extending northeast 

to position 41°29′37′′ N, 082°40′14′′ W; 

then extending southeast to position 

41°29′14′′ N, 082°39′52′′ W; then 

extending southwest to position 


srobinson on DSKHWCL6B1PROD with RULES