Federal Register, Volume 75, Number 2, January 5, 2010, Pages 219-736 Page: 229
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Federal Register/Vol. 75, No. 2/Tuesday, January 5, 2010/Rules and Regulations
Additionally, the Coast Guard
believes that the activity along the
Harlem River will not increase; rather
openings that may have been requested
during the limited 10 a.m. to 5 p.m. time
window will now have the entire 24
hour day (minus the commuter hours) to
transit through the bridges and
therefore, maintenance costs to the
bridgeowners will be no greater.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601-612), we 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 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 on the fact that
none of the affected bridgeowners/
commenters (NYCDOT, MetroNorth,
SNY MTA) qualify as a small entity.
While some vessel owners/operators
might qualify as small entities, the
revised schedule will provide for bridge
openings on a 24-hour basis, as opposed
to the existing 7-hour window, and thus
will not have a significant economic
impact on the vessel owner/operators.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121),
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.
No small entities requested Coast
Guard assistance and none was given.
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 policyor 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 since the direct effect
on State or local governments is small
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
does not concern an environmental risk
to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This final rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,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 M16475.1D,
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
environment. Therefore, this rule is
categorically excluded, under figure
2-1, paragraph (32)(e), of the
Instruction, from further environmental
documentation considering that it
relates to the promulgation of operating
regulations or procedures for
drawbridges.
Under figure 2-1, paragraph (32)(e), ofor on the distribution of power and
229
the instruction, an environmental
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United States. Office of the Federal Register. Federal Register, Volume 75, Number 2, January 5, 2010, Pages 219-736, periodical, January 5, 2010; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc52585/m1/19/: accessed April 19, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.