61094 Federal Register / Vol. 75, No. 191 / Monday, October 4, 2010 / Rules and Regulations 

AMENDMENT TABLE FOR PART 1290—Continued 

Amend By removing the reference to: And adding in its place: 

§ 1290.102, definition of Order, paragraph 

(2)(iii).

MMS ................................................................. ONRR. 

§ 1290.102, definition of Order, paragraph 

(2)(iv).

part 241 ............................................................ part 1241. 

§ 1290.102, definition of Party ............................ MMS ................................................................. ONRR. 

§ 1290.103(a) ...................................................... § 290.104 .......................................................... § 1290.104. 

§ 1290.103(b) ...................................................... § 290.106 .......................................................... § 1290.106. 

§ 1290.104(b) ...................................................... part 243 ............................................................ part 1243. 

§ 1290.105(a) introductory text ........................... Minerals Management Service (MMS Director) Office of Natural Resources Revenue (ONRR 

Director). 

§ 1290.105(d) ...................................................... MMS ................................................................. ONRR. 

§ 1290.105(e) ...................................................... MMS ................................................................. ONRR. 

§ 1290.105(f) ....................................................... MMS ................................................................. ONRR. 

§ 1290.105(g) ...................................................... MMS ................................................................. ONRR. 

§ 1290.106(a) ...................................................... § 290.103 .......................................................... § 1290.103. 

§ 1290.106(a) ...................................................... § 290.105(a)(2) ................................................. § 1290.105(a)(2). 

§ 1290.108 .......................................................... MMS ................................................................. ONRR. 

§ 1290.110(a) introductory text ........................... MMS Royalty Management Program (RMP) ... Office of Natural Resources Revenue 

(ONRR). 

§ 1290.110(a)(1) ................................................. MMS ................................................................. ONRR. 

§ 1290.110(a)(2) ................................................. part 290, subpart B .......................................... part 1290. 

[FR Doc. 2010–24721 Filed 10–1–10; 8:45 am] 

BILLING CODE 4310–MR–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2009–1075] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Atlantic Intracoastal Waterway, 

Beaufort, SC 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary rule. 

SUMMARY: The Coast Guard is revising 

the operating schedule for the U.S. 

Highway 21, Sea Island Parkway Bridge 

at mile marker 536 over the Beaufort 

River (Atlantic Intracoastal Waterway). 

This bridge is also known as the Lady’s 

Island Bridge. Due to ongoing 

construction on the McTeer Bridge, 

which is across the Atlantic Intracoastal 

Waterway at mile 539.0 in Port Royal, 

South Carolina, vehicle traffic is 

currently being rerouted from the 

McTeer Bridge to the Lady’s Island 

Bridge. This rerouting has resulted in 

increased vehicle traffic congestion on 

the Lady’s Island Bridge. As a result of 

the increased vehicle traffic congestion, 

Beaufort County has requested a 

revision to the federal regulation setting 

forth the Lady’s Island Bridge operating 

schedule. Such a revision will alleviate 

excessive vehicle congestion on the 

Lady’s Island Bridge while permitting 

sufficient access for maritime passage 

underneath the bridge. 

DATES: This temporary final rule is 

effective from October 4, 2010 to 

October 4, 2011. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket, are part of docket USCG–2009– 

1075 and are available by going to 

http://www.regulations.gov, inserting 

USCG–2009–1075 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 temporary 

rule, call or e-mail Mr. Gene Stratton, 

Coast Guard; telephone 305–415–6740, 

e-mail Allen.E.Stratton@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 of 

increased vehicle congestion on the 

Lady’s Island Bridge due to the 

rerouting of traffic from the McTeer 

Bridge, which is currently undergoing 

construction. Beaufort County 

Emergency Management has requested 

an immediate schedule change to 

alleviate this excessive vehicle 

congestion. The revised schedule for the 

Lady’s Island Bridge does not unduly 

affect access to the waterway by the 

maritime public. 

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. As described above, Beaufort 

County Emergency Management has 

requested an immediate schedule 

change to alleviate the excessive vehicle 

congestion on the Lady’s Island Bridge. 

Basis and Purpose 

Two bridges serve Lady’s Island, GA. 

Ongoing construction on the McTeer 

Bridge has resulted in the rerouting of 

vehicle traffic from the McTeer Bridge 

to the Lady’s Island Bridge. Beaufort 

County Emergency Management has 

requested an immediate revision to the 

opening schedule for the Lady’s Island 

Bridge at mile marker 536 over the 

Beaufort River (Atlantic Intracoastal 

Waterway). This operating schedule 

revision is necessary to accommodate 

increased vehicle traffic on the Lady’s 

Island Bridge. The revised schedule will 

alleviate the excessive vehicle traffic 


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Federal Register / Vol. 75, No. 191 / Monday, October 4, 2010 / Rules and Regulations 61095 

that has resulted from the McTeer 

Bridge construction. 

Discussion of Rule 

The current schedule, as described in 

the Code of Federal Regulations, is as 

follows: 

33 CFR 117.911(f) Lady’s Island 

Bridge, across the Beaufort River, Mile 

536.0 at Beaufort. The draw shall 

operate as follows: 

(1) On Monday through Friday, except 

Federal holidays: 

(i) From 7 a.m. to 9 a.m. and 4 p.m. 

to 6 p.m., the draw need not open; and, 

(ii) Between 9 a.m. to 4 p.m., the draw 

need open only on the hour and halfhour. 

(2) At all other times the draw shall 

open on signal. 

This temporary rule changes the 

scheduled closing times for the Lady’s 

Island Bridge to enable more closures 

during peak vehicle traffic times 

between 7:15 a.m. and 8:59 a.m., 11:15 

a.m. and 12:59 p.m., and 4:15 p.m. to 

5:59 p.m. This schedule revision also 

allows draw openings only on the hour 

between 9 a.m. and 4 p.m., rather than 

on both the hour and half-hour. 

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. 

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 may be small 

entities: The owners or operators of 

vessels intending to transit underneath 

the Lady’s Island Bridge from 7:15 a.m. 

to 5:59 p.m. Monday through Friday, 

and who require that the draw be open 

in order to do so. These small entities 

will have a slightly decreased number of 

draw openings. 

This rule will not have a significant 

economic impact on a substantial 

number of small entities for the 

following reasons: (1) The Lady’s Island 

Bridge will continue to operate on 

demand outside the restricted hours of 

7:15 a.m. to 5:59 p.m.; (2) the majority 

of vessels that transit underneath the 

bridge can safely do so without the draw 

being open; and (3) despite the 

decreased number of draw openings, 

there will still be several openings 

during the restricted hours. 

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 that they can 

better evaluate its effects on them and 

participate in the rulemaking process. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 

1–888–REG–FAIR (1–888–734–3247). 

The Coast Guard will not retaliate 

against small entities that question or 

complain about this rule or any policy 

or action of the Coast Guard. 

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 

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 may 

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 


erowe on DSK5CLS3C1PROD with RULES
61096 Federal Register / Vol. 75, No. 191 / Monday, October 4, 2010 / Rules and Regulations 

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 guide 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 that 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; 

and Department of Homeland Security 

Delegation No. 0170.1. 

■ 2. Suspend § 117.911(f) from October 

4, 2010 until October 4, 2011. 

■ 3. From October 4, 2010 until October 

4, 2011 add § 117.911(g) to read as 

follows: 

§ 117.911 Atlantic Intracoastal Waterway, 

Little River to Savannah River. 

* * * * * 

(g) Lady’s Island Bridge, across the 

Beaufort River, Mile 536.0 at Beaufort. 

The draw shall operate as follows: 

(1) On Monday through Friday, except 

federal holidays: 

(i) From 7:15 a.m. to 8:59 a.m., 11:15 

a.m. to 12:59 p.m., and 4:15 p.m. to 5:59 

p.m. the draw need not open; and 

(ii) Between 9 a.m. to 11 a.m. and 1 

p.m. to 4 p.m., the draw need open only 

on the hour. 

(2) At all times other than those 

specified in (1) above, the draw shall 

open on signal. 

Dated: September 21, 2010. 

W.D. Baumgartner, 

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

Seventh Coast Guard District. 

[FR Doc. 2010–24645 Filed 10–1–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–0886] 

RIN 1625–AA00 

Regulated Navigation Area; Reserved 

Channel, Boston Harbor, Boston, MA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a Regulated Navigation 

Area (RNA) in Boston Harbor, Reserved 

Channel, the Boston Marine Industrial 

Park and a portion of the Boston Inner 

Harbor shipping channel, Boston, 

Massachusetts, for the offload of six 

cranes from the barge CHICAGO 

BRIDGE to Conley Terminal in South 

Boston. This rule is intended to control 

entry to the Reserved Channel, establish 

operating conditions for those vessels 

allowed entry into the Reserved 

Channel and control the speed of all 

vessels transiting within the RNA. The 

RNA is necessary to protect participants 

and vessels from the hazards associated 

with the offload of these cranes. 

DATES: This rule is effective in the Code 

of Federal Regulations from October 4, 

2010 through November 15, 2010, and is 

effective with actual notice for purposes 

of enforcement beginning on September 

20, 2010. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2010– 

0886 and are available online by going 

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

USCG–2010–0886 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 Lieutenant 

Commander Pamela P. Garcia, 

Waterways Management Division, Coast 

Guard; telephone 617–223–3028, e-mail 

Pamela.P.Garcia@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. The Coast 

Guard was not provided with the 

logistics regarding the offload operation 

until September 8, 2010. This did not 

leave sufficient time to draft and 

publish an NPRM or take public 

comments, making prior notice and 

opportunity to comment impracticable 

without delaying the crane offloading. 

The crane offloading benefits a public 

agency, the Massachusetts Port 

Authority (Massport), and therefore it 

would be contrary to the public interest 

to delay the offloading to afford prior 

notice and opportunity to comment; it 

would also be contrary to the public 

interest to let the crane offloading 

proceed without establishing an RNA, 

because this would unnecessarily 

jeopardize public safety during the 

offloading. 

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. 


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