[Federal Register Volume 75, Number 156 (Friday, August 13, 2010)]
[Rules and Regulations]
[Pages 49408-49411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-19890]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 1, 114, 115, 116, 117, and 118

[Docket No. USCG-2010-0351]
RIN 1625-ZA25


Navigation and Navigable Waters; Technical, Organizational, and 
Conforming Amendments, Bridges

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This rule makes non-substantive changes throughout our 
regulations. The purpose of this rule is to make conforming amendments 
and technical corrections to Coast Guard bridge and navigable waters 
regulations. This rule will have no substantive effect on the regulated 
public.

DATES: This final rule is effective August 13, 2010.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2010-0351 and are 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. You may also find this 
docket on the Internet by going to http://www.regulations.gov, 
inserting USCG-2010-0351 in the ``Keyword'' box, and then clicking 
``Search.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or e-mail Diane LaCumsky, Coast Guard; telephone 202-372-1025, e-
mail [email protected]. If you have questions on viewing the 
docket, call Renee V. Wright, Program Manager, Docket Operations, 
telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory History

    We did not publish a notice of proposed rulemaking (NPRM) for this 
rule. Under 5 U.S.C. 553(b)(3)(A), the Coast Guard finds this rule is 
exempt from notice and comment rulemaking requirements because these 
changes involve rules of agency organization, procedure, or practice. 
In addition, the Coast Guard finds notice and comment

[[Page 49409]]

procedure are unnecessary under 5 U.S.C. 553 (b)(3)(B) as this rule 
consists only of corrections and editorial, organizational, and 
conforming amendments and these changes will have no substantive effect 
on the public.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that, for the same 
reasons, good cause exists for making this rule effective upon 
publication in the Federal Register.

Basis and Purpose

    This rule makes technical and editorial corrections to title 33 
parts 1, 114, 115, 116, 117, and 118 in the Code of Federal 
Regulations. This rule does not create any substantive requirements on 
the public.

Discussion of Rule

    This rule amends 33 CFR part 1 to reflect changes in agency 
organization by removing Sec.  1.01-60 (a)(1)(iii). The Coast Guard is 
no longer under the Department of Transportation (DOT), therefore DOT 
Order 5610.1C (Procedures for Considering Environmental Impacts) 
referenced in this section no longer applies. However, paragraph 
(a)(1)(ii) will remain until it is confirmed that there are no longer 
any DOT 4(f) determinations requiring Coast Guard attention.
    This rule amends 33 CFR parts 115 and 116 to clarify the 
regulations by replacing the word ``hearing'' with the word ``meeting'' 
in Sec.  115.60(c), and the word ``evidence'' with ``information'' in 
Sec.  116.01(d). This change has no substantive effect on how the Coast 
Guard currently announces or gathers public opinion or other 
information regarding bridge matters, nor will it change the substance 
of the public's involvement in the process. The terms ``hearing'' and 
``evidence'' have definitive legal definitions which are not applicable 
in these instances. Changing the terms to ``meeting'' and 
``information'' better represents established Coast Guard procedures 
regarding the public's role in commenting on proposed bridge actions 
set forth in these regulations and reduces confusion among members of 
the public. Additionally, ``meeting'' and ``information'' are the terms 
used throughout 33 CFR parts 115 and 116, and this change conforms the 
regulations with the remainder of the Parts.
    This rule amends 33 CFR part 117 to correct: the name change of the 
Leon C. Simon Blvd. (Seabrook) bridge to the Senator Ted Hickey bridge 
in Sec.  117.458(c), and a typographical error in Sec.  117.557 
changing mile marker 0.9 to 1.0.
    This rule updates various addresses for Coast Guard offices 
throughout title 33 parts 114, 116, and 118 in order to conform to new 
mailing addresses and mailing address formats that came into use June 
15, 2009. This rule updates internal Coast Guard office designators, as 
well as certain personnel titles throughout title 33 parts 114, 116 and 
118. Changes in personnel titles included in this rule are only 
technical revisions reflecting changes in agency procedure and 
organization, and do not indicate new authorities.

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. Because this rule involves non-
substantive changes and internal agency practices and procedures, it 
will not impose any additional costs on the public.

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.
    We estimate this rule will not impose any additional costs and 
should have little or no impact on small entities because the 
provisions of this rule are technical and non-substantive, and will 
have no substantive effect on the public and will impose no additional 
costs. Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that 
this final rule will not have a significant economic impact on a 
substantial number of small entities.

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 does 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

[[Page 49410]]

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 
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 section 2.B.2, 
figure 2-1, paragraph (34)(a) of the Instruction. This rule involves 
regulations which are editorial and/or procedural, such as those 
updating addresses or establishing application procedures. An 
environmental analysis checklist and a categorical exclusion 
determination are available in the docket where indicated under 
ADDRESSES.

List of Subjects

33 CFR Part 1

    Administrative practice and procedure, Authority delegations 
(Government agencies), Freedom of information, Penalties.

33 CFR Parts 114, 115, 116, 117 and 118

    Bridges.

0
For the reasons discussed in the preamble, the Coast Guard amends 33 
parts 1, 114, 115, 116, 117 and 118.

PART 1--GENERAL PROVISIONS

0
1. The authority citation for part 1 continues to read as follows:

    Authority: 14 U.S.C. 633; 33 U.S.C. 401, 491, 525, 1321, 2716, 
and 2716a; 42 U.S.C. 9615; 49 U.S.C. 322; Department of Homeland 
Security Delegation No. 0170.1; section 1.01-70 also issued under 
the authority of E.O. 12580, 3 CFR, 1987 Comp., p. 193; and sections 
1.01-80 and 1.01-85 also issued under the authority of E.O. 12777, 3 
CFR, 1991 Comp., p. 351.


Sec.  1.01-60  [Amended]

0
2. In Sec.  1.01-60, remove paragraph (a)(1)(iii).

PART 114--GENERAL

0
3. The authority citation for part 114 continues to read as follows:

    Authority:  33 U.S.C. 401, 406, 491, 494, 495, 499, 502, 511, 
513, 514, 516, 517, 519, 521, 522, 523, 525, 528, 530, 533, and 
535(c), (e), and (h); 14 U.S.C. 633; 49 U.S.C. 1655(g); Pub. L. 107-
296, 116 Stat. 2135; 33 CFR 1.05-1 and 1.01-60, Department of 
Homeland Security Delegation Number 0170.1.


0
4. Revise Sec.  114.05(l) to read as follows:


Sec.  114.05  Definitions.

* * * * *
    (l) Deputy Commandant for Operations. The term ``Deputy Commandant 
for Operations'' means the officer of the Coast Guard designated by the 
Commandant as the staff officer in charge of ``Operations'' (DCO), U.S. 
Coast Guard Headquarters.
* * * * *


Sec.  114.50  [Amended]

0
5. In Sec.  114.50, remove the phrase ``Administrator, Bridge 
Administration Programs (CG-5411), 2100 2nd St., SW., Stop 7581, 
Washington, DC 20593-7581'' and add, in its place, the phrase 
``Administrator, Office of Bridge Programs, (CG-551), 2100 2nd St., 
SW., Stop 7683, Washington, DC 20593-7683''.

PART 115--BRIDGE LOCATIONS AND CLEARANCE; ADMINISTRATIVE PROCEDURES

0
6. The authority citation for part 115 continues to read as follows:

    Authority:  c. 425, sec. 9, 30 Stat. 1151 (33 U.S.C. 401); c. 
1130, sec. 1, 34 Stat. 84 (33 U.S.C. 491); sec. 5, 28 Stat. 362, as 
amended (33 U.S.C. 499); sec. 11, 54 Stat. 501, as amended (33 
U.S.C. 521); c. 753, Title V, sec. 502, 60 Stat. 847, as amended (33 
U.S.C. 525); 86 Stat. 732 (33 U.S.C. 535); 14 U.S.C. 633; sec. g(6), 
80 Stat. 941 (49 U.S.C. 1655(g)); 49 CFR 1.46(c).


Sec.  115.60  [Amended]

0
7. In Sec.  115.60(c), remove the word ``hearings'' and add in its 
place, the word ``meeting''.

PART 116--ALTERATION OF UNREASONABLY OBSTRUCTIVE BRIDGES

0
8. The authority citation for part 116 continues to read as follows:

    Authority:  33 U.S.C. 401, 521; 49 U.S.C. 1655(g); 49 CFR 1.4, 
1.46(c).


Sec.  116.01  [Amended]

0
9. In Sec.  116.01(d), remove the phrase ``offer evidence'' and add in 
its place, the phrase ``provide information''.


Sec.  116.10  [Amended]

0
10. In Sec.  116.10 paragraph (c), remove the words ``Administrator, 
Bridge Administration Programs'' and add, in their place, the words 
``Administrator, Office of Bridge Programs''.


Sec.  116.15  [Amended]

0
11. In Sec.  116.15 paragraphs (c) and (d), remove the words 
``Administrator, Bridge Administration Program'' and add, in their 
place, the words ``Administrator, Office of Bridge Programs''.


Sec.  116.20  [Amended]

0
12. In Sec.  116.20 paragraphs (a) and (b), remove the words 
``Administrator, Bridge Administration Program'' and add, in their 
place, the words ``Administrator, Office of Bridge Programs''.


Sec.  116.25  [Amended]

0
13. In Sec.  116.25(a), remove the words ``Administrator, Bridge 
Administration Program'' and add, in their place, the words 
``Administrator, Office of Bridge Programs''.


Sec.  116.30  [Amended]

0
14. In the heading and paragraphs (a), (d), (e) and (g) of Sec.  
116.30, remove the words ``Administrator, Bridge Administration 
Program'' and add, in their place, the words ``Administrator, Office of 
Bridge Programs''.


Sec.  116.35  [Amended]

0
15. In Sec.  116.35(c), remove the words ``Administrator, Bridge 
Administration

[[Page 49411]]

Program'' and add, in their place, the words ``Administrator, Office of 
Bridge Programs''.


Sec.  116.40  [Amended]

0
16. In Sec.  116.40 paragraphs (a), (b), and (c) remove the words 
``Administrator, Bridge Administration Program'' and add, in their 
place, the words ``Administrator, Office of Bridge Programs''.


Sec.  116.45  [Amended]

0
17. In Sec.  116.45(a), remove the words ``Administrator, Bridge 
Administration Program'' and add, in their place, the words 
``Administrator, Office of Bridge Programs''.


Sec.  116.55  [Amended]

0
18. Amend Sec.  116.55 as follows:
0
a. In paragraph (a), remove the phrase ``Administrator, Bridge 
Administration Program'' and add in its place ``Administrator, Office 
of Bridge Programs''; and
0
b. In paragraph (b), remove the phrase ``Administrator's, Bridge 
Administration Program'' and add in its place ``Administrator, Office 
of Bridge Programs''; and
0
c. In paragraph (b), remove the phrase ``Assistant Commandant for 
Operations, U.S. Coast Guard, (CG-3), 2100 2nd Street, SW., Washington, 
DC 20593-7238'' and add, in its place, the phrase ``Deputy Commandant 
of Operations, U.S. Coast Guard,(CG-DCO), 2100 2nd St., SW., Stop 7355, 
Washington, DC 20593-7355''; and
0
d. In paragraph (b), remove the phrase ``Assistant Commandant for 
Operations'' from the last sentence and add in its place, the phrase 
``Deputy Commandant of Operations''.

PART 117--DRAWBRIDGE OPERATION REGULATION

0
19. The authority citation for part 118 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.


Sec.  117.458  [Amended]

0
20. In Sec.  117.458(c) change the name of the bridge from the ``Leon 
C. Simon Blvd. (Seabrook) bridge'' to the ``Senator Ted Hickey 
Bridge''.


Sec.  117.557  [Amended]

0
21. In Sec.  117.557, remove the number ``0.9'' and add, in its place, 
the number ``1.0''.

PART 118--BRIDGE LIGHTING AND OTHER SIGNALS

0
22. The authority citation for part 118 continues to read as follows:

    Authority:  33 U.S.C. 494; 14 U.S.C. 85, 633; Department of 
Homeland Security Delegation No. 0170.1.


Sec.  118.3  [Amended]

0
23. In Sec.  118.3(b), remove the phrase ``Administrator, Bridge 
Administration Program, room 3500, (CG-5411), 2100 2nd St., SW., Stop 
7581, Washington, DC 20593-7581'' and add, in its place, the phrase 
``Administrator, Office of Bridge Programs, (CG-551), 2100 2nd St. SW., 
Stop 7683, Washington, DC 20593-7683''.

    Dated: August 6, 2010.
Steve Venckus,
Chief, Office of Regulations and Administrative Law, United States 
Coast Guard.
[FR Doc. 2010-19890 Filed 8-12-10; 8:45 am]
BILLING CODE P