65230 Federal Register / Vol. 75, No. 204 / Friday, October 22, 2010 / Rules and Regulations 

enforcement purposes. This system of 

records continues to contain 

investigatory material compiled for law 

enforcement purposes. 

These regulations are being published 

as a final rule because the amendments 

do not impose any requirements on any 

member of the public and do not alter 

the procedures relating to the way in 

which the Departmental Offices 

currently handle FOIA and PA 

obligations. These amendments are the 

most efficient means for the Treasury 

Department to implement its internal 

requirements for complying with the 

FOIA and the Privacy Act. Accordingly, 

pursuant to 5 U.S.C. 553(b)(B) and 

(d)(3), the Department of the Treasury 

finds good cause that prior notice and 

other public procedure with respect to 

this rule are impracticable and 

unnecessary and finds good cause for 

making this rule effective on the date of 

publication in the Federal Register. 

The Department has determined that 

a notice of proposed rulemaking 

pursuant to 5 U.S.C. 553(b) is not 

required because these regulatory 

amendments do not change the legal 

effects of the current regulations nor do 

they have any impact on those 

regulated. The amendment updates a 

name change to an existing system. 

As required by Executive Order 

12866, it has been determined that this 

rule is not a significant regulatory 

action, and therefore, does not require a 

regulatory impact analysis. 

The regulation will not have a 

substantial direct effect on the States, on 

the relationship between the Federal 

Government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, it is 

determined that this rule does not have 

federalism implications under Executive 

Order 13132. 

Pursuant to the requirements of the 

Regulatory Flexibility Act, 5 U.S.C. 601– 

612, it is hereby certified that these 

regulations will not significantly affect a 

substantial number of small entities. 

The rule imposes no duties or 

obligations on small entities. 

In accordance with the provisions of 

the Paperwork Reduction Act of 1995, 

the Department of the Treasury has 

determined that this rule would not 

impose new recordkeeping, application, 

reporting, or other types of information 

collection requirements. 

List of Subjects in 31 CFR Part 1 

Privacy. 

■ Part 1, subpart C of title 31 of the Code 

of Federal Regulations is amended as 

follows: 

PART 1—[AMENDED] 

■ 1. The authority citation for part 1 

continues to read as follows: 

Authority: 5 U.S.C. 301 and 31 U.S.C. 321. 

Subpart A also issued under 5 U.S.C. 552 as 

amended. Subpart C also issued under 5 

U.S.C. 552a. 

■ 2. Section 1.36 paragraph (g)(1)(viii) is 

amended by revising the entry ‘‘IRS 

37.009’’ to read as follows: 

§ 1.36 Systems exempt in whole or in part 

from provisions of 5 U.S.C. 522a and this 

subpart. 

* * * * * 

(g) * * * 

(1) * * * 

(viii) * * * 

No. System name 

* * * * * 

IRS 37.009 ................ Enrolled Agent and 

Enrolled Retirement 

Plan Agent 

Records. 

* * * * * 

Dated: September 28, 2010. 

Melissa Hartman, 

Deputy Assistant Secretary for Privacy, 

Transparency, and Records. 

[FR Doc. 2010–26327 Filed 10–21–10; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2010–0441] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Arkansas Waterway, Pine Bluff, AR 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: Drawbridge operations for the 

Rob Roy Railroad Drawbridge across the 

Arkansas Waterway at Mile 67.4 at Pine 

Bluff, Arkansas. Vessel operators shall 

contact the remote drawbridge operator 

via microphone keying four times 

within in five seconds on VHF–FM 

Channel 12 when requesting a draw 

opening. This keying will activate an 

indicator on the remote drawbridge 

operator’s console and send an 

acknowledgement tone back to the 

vessel. The remote drawbridge operator 

will then establish verbal radio 

communications with the vessel and 

operate the drawspan as normal. 

DATES: This rule is effective on 

November 22, 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–2010– 

0441 and are available online by going 

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

USCG–2010–0441 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 Mr. Eric A Washburn, Bridge 

Administrator, Coast Guard; telephone 

(314) 269–2378, email 

Eric.Washburn@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 25, 2010, we published a 

notice of proposed rulemaking (NPRM) 

entitled Drawbridge Operation 

Regulation; Arkansas Waterway, Pine 

Bluff, AR in the Federal Register (75 FR 

122). We received no comments on the 

proposed rule. No public meeting was 

requested, and none was held. 

Background and Purpose 

The Arkansas Waterway is a part of 

the McClellan-Kerr Arkansas River 

Navigation System. The System rises in 

the vicinity of Catoosa, Oklahoma, and 

embraces improved natural waterways 

and a canal to empty into the 

Mississippi River in southeast Arkansas. 

The Arkansas Waterway drawbridge 

operation regulations contained in 33 

CFR 117.123(a), state that the draw of 

the Rob Roy Railroad Drawbridge, mile 

67.4, at Pine Bluff, Arkansas, is 

maintained in the closed to navigation 

position and is remotely operated. 

Vessels requesting an opening shall 

establish contact by radio/telephone 

with the remote drawbridge operator on 

VHF–FM Channel 12 in Omaha, 

Nebraska. 

In order to better differentiate 

between vessel and rail traffic for the 

remote drawbridge operator, Union 

Pacific Railroad requested this 

drawbridge be operated where vessels 


emcdonald on DSK2BSOYB1PROD with RULES
Federal Register / Vol. 75, No. 204 / Friday, October 22, 2010 / Rules and Regulations 65231 

would key their VHF–FM radio 

microphone four times in five seconds 

and would receive an acknowledgement 

tone from the remote drawbridge 

operator. The keying-in will initiate an 

indicator on the remote drawbridge 

operator’s console and the operator will 

then establish normal verbal radio 

communications with the vessel. 

The Coast Guard has determined this 

regulation change will improve 

communications between the remote 

drawbridge operator and vessel 

operators and reduce drawspan opening 

delays experienced previously from 

missed calls under the prior regulatory 

guidance. 

Discussion of Comments and Changes 

There were no comments to the 

proposed regulatory change. 

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. 

We expect the economic impact of 

this rule on commercial traffic operating 

on the Arkansas Waterway to be so 

minimal that a full Regulatory 

Evaluation is unnecessary. We 

anticipate that the new operating 

procedures enacted by this change will 

benefit the vessels transiting the bridge 

by enhancing communications between 

the remote drawbridge operator and 

vessel operators and reduce drawspan 

opening 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. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (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 (adjusted for inflation) 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 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 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 


emcdonald on DSK2BSOYB1PROD with RULES
65232 Federal Register / Vol. 75, No. 204 / Friday, October 22, 2010 / Rules and Regulations 

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 paragraph (a) of § 117.123 to 

read as follows: 

§ 117.123 Arkansas Waterway. 

(a) Across the Arkansas Waterway, the 

draw of the Rob Roy Drawbridge, mile 

67.4, at Pine Bluff, Arkansas is 

maintained in the closed to navigation 

position and is remotely operated. Any 

vessel which requires an opening of the 

draw of this bridge shall establish 

contact by radiotelephone with the 

remote drawbridge operator on VHF– 

FM Channel 12 in Omaha, Nebraska. To 

establish contact, the vessel shall key 

the VHF–FM radio microphone four 

times in five seconds and listen for an 

acknowledgement tone. The remote 

drawbridge operator will then establish 

normal verbal radio communication on 

VHF–FM Channel 12 and advise the 

vessel whether the requested span can 

be immediately opened and will 

maintain constant radio contact with the 

vessel until the requested span has 

opened and vessel passage has been 

completed. The bridge is equipped with 

a Photoelectric Boat Detection System to 

prevent the span from lowering if there 

is an obstruction under the span. If the 

drawbridge cannot be opened 

immediately, the remote drawbridge 

operator will notify the calling vessel 

and provide an estimated time for a 

drawspan opening. 

* * * * * 

Dated: October 12, 2010. 

Mary E. Landry, 

Rear Admiral, U.S. Coast Guard Commander, 

Eighth Coast Guard District. 

[FR Doc. 2010–26672 Filed 10–21–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2010–0954] 

Drawbridge Operation Regulation; 

Illinois River, Pekin, IL 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, Eighth 

Coast Guard District, has issued a 

temporary deviation from the regulation 

governing the operation of the Pekin 

Railroad Drawbridge across the Illinois 

Waterway, mile 151.2, Pekin, Illinois. 

The deviation is necessary to allow the 

replacement of lift cables and associated 

mechanisms on the lift span and allows 

the bridge to be maintained in the 

closed-to-navigation position during the 

deviation period. 

DATES: This deviation is effective for 

five days starting at 6 a.m. on November 

9, 2010 and ending at 11:59 p.m. on 

November 13, 2010. 

ADDRESSES: Documents mentioned in 

this preamble as being available in the 

docket are part of docket USCG–2010– 

0954 and are available online by going 

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

USCG–2010–0954 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 rule, call or 

e-mail Eric A. Washburn, Bridge 

Administrator, Coast Guard; telephone 

314–269–2378, e-mail 

Eric.Washburn@uscg.mil. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: The Union 

Pacific Railroad requested a temporary 

deviation for the Pekin Railroad 

Drawbridge, across the Illinois 

Waterway, mile 151.2, at Pekin, Illinois 

to remain in the closed-to-navigation 

position for a five day period while lift 

cables and associated mechanisms are 

replaced on the lift span. The Pekin 

Railroad Drawbridge currently operates 

in accordance with 33 CFR 117.5, which 

states the general requirement that 

drawbridges shall open promptly and 

fully for the passage of vessels when a 

request to open is given in accordance 

with the subpart. 

There are no alternate routes for 

vessels transiting this section of the 

Illinois Waterway. 

The Pekin Railroad Drawbridge, in the 

closed-to-navigation position, provides 

a vertical clearance of 34.3 feet above 

normal pool. Navigation on the 

waterway consists primarily of 

commercial tows and recreational 

watercraft. This temporary deviation has 

been coordinated with waterway users. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the designated time period. This 

deviation from the operating regulations 

is authorized under 33 CFR 117.35. 

Dated: October 12, 2010. 

Eric A. Washburn, 

Bridge Administrator. 

[FR Doc. 2010–26674 Filed 10–21–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0316] 

RIN 1625–AA87 

Security Zones; Sabine Bank Channel, 

Sabine Pass Channel and SabineNeches Waterway, TX 

AGENCY: Coast Guard, DHS. 

ACTION: Interim rule with request 

comments. 

SUMMARY: The Coast Guard is issuing an 

interim rule based on comments 

received from the subject Notice of 

Proposed Rulemaking published in the 

Federal Register on May 27, 2010. This 

interim rule establishes moving security 

zones for certain vessels for which the 

Captain of the Port, Port Arthur deems 

enhanced security measures necessary. 

In addition, it establishes security zones 

encompassing the mooring basins of 

LNG carriers while they are moored at 

the Golden Pass LNG facility in Sabine, 

TX and/or the Sabine Pass LNG facility 

located in Cameron Parish, LA. 

DATES: This interim rule is effective in 

the CFR on October 22, 2010. This rule 

is effective with actual notice for the 

purposes of enforcement on August 23, 

2010. Comments and related material 

must be received by the Coast Guard on 

or before November 22, 2010. Requests 

for public meetings must be received by 


emcdonald on DSK2BSOYB1PROD with RULES