Federal Register / Vol. 78, No. 178 / Friday, September 13, 2013 / Rules and Regulations 56605

PART 4044—ALLOCATION OF Authority: 29 U.S.C. 1301(a), 1302(b)(3), Appendix B to Part 4044—Interest ASSETS IN SINGLE-EMPLOYER 1341, 1344, 1362. Rates Used to Value Benefits PLANS ■ 5. In appendix B to part 4044, a new * * * * * ■ 4. The authority citation for part 4044 entry for October–December 2013, as set continues to read as follows: forth below, is added to the table.

The values of it are: For valuation dates occurring in the month— it for t = it for t = it for t =

******* October–December 2013 ...... 0.0300 1–20 0.0331 >20 N/A N/A

Issued in , DC, on this 9th day Washington, DC 20590, between 9 a.m. is located approximately one-half mile of September 2013. and 5 p.m., Monday through Friday, away from the old . The old SR Judith Starr, except Federal holidays. 310 bridge was one in a series of six General Counsel, Pension Benefit Guaranty FOR FURTHER INFORMATION CONTACT: If that feed the local school Corporation. you have questions on this rule, call or system, and operated in accordance [FR Doc. 2013–22355 Filed 9–12–13; 8:45 am] email Kay Wade, Bridge Branch Office, with the requirements of 33 CFR BILLING CODE 7709–02–P Coast Guard; telephone 504–671–2128, 117.465(a). The operating requirements email [email protected]. If you have for the old SR 310 bridge are specifically questions on viewing the docket, call located at 33 CFR 117.465(a)(6). DEPARTMENT OF HOMELAND Barbara Hairston, Program Manager, The new LA 657 bridge is located less SECURITY Docket Operations, telephone 202–366– than one-half mile from the old SR 310 9826. bridge, and essentially replaces the SR Coast Guard SUPPLEMENTARY INFORMATION: 310 bridge in this series. However, the new LA 657 bridge currently operates 33 CFR Part 117 Table of Acronyms under the default operating CFR Code of Federal Regulations requirements of 33 CFR 117.5, which [Docket No. USCG–2013–0243] DHS Department of Homeland Security require that the bridge open on signal. FR Federal Register RIN 1625–AA09 This default operating requirement NPRM Notice of Proposed Rulemaking conflicts with the operating § Section Symbol Operation Regulation; U.S.C. United States Code requirements of the other five bridges in Lafourche Bayou, Larose, LA this area. Therefore, this rule will A. Regulatory History and Information essentially replace the SR 310 bridge AGENCY: Coast Guard, DHS. The Coast Guard is issuing this final with the LA 657 bridge at 33 CFR ACTION: Final rule. rule without prior notice and 117.465(a)(6), thus allowing the new bridge to operate under the same SUMMARY: opportunity to comment pursuant to The Coast Guard is modifying requirements as the old bridge, and its drawbridge operation regulations by authority under section 4(a) of the Administrative Procedure Act (APA) (5 under the same requirements as the replacing the reference to the SR 310 other five bridges in this area. (Larose Pontoon) Bridge with the LA U.S.C. 553(b)). This provision 657 (Larose) Vertical Lift Bridge. The SR authorizes an agency to issue a rule B. Basis and Purpose 310 bridge has been taken out of service without prior notice and opportunity to comment when the agency for good The purpose of this rule is to modify and has been replaced by the LA 657 cause finds that those procedures are paragraph (a)(6) of 33 CFR 117.465. This bridge. This substitution will also ‘‘impracticable, unnecessary, or contrary paragraph currently refers to the SR 310 permit the LA 657 bridge to operate to the public interest.’’ Under 5 U.S.C. (Larose Pontoon) Bridge across under the same schedule as the five 553(b), the Coast Guard finds that good Lafourche Bayou at mile 39.1. This other bridges in this area, as opposed to cause exists for not publishing a notice bridge has been replaced by the newly its current open-on-demand schedule. of proposed rulemaking (NPRM) with constructed LA 657 (Larose) Vertical DATES: This rule is effective October 15, respect to this rule. Providing an Lift Bridge across Lafourche Bayou at 2013. opportunity for comment regarding this mile 38.7. ADDRESSES: Documents mentioned in rule is unnecessary because this rule The LA 657 Bridge is the first bridge this preamble are part of docket [USCG– does not impose any new operational south of the Gulf Intracoastal Waterway 2013–0243]. To view documents restrictions on the waterway. It merely intersection. This bridge is located just mentioned in this preamble as being changes the bridge to which these south of a flood control structure that available in the docket, go to http:// restrictions apply. Providing an has a horizontal clearance of 56 feet and www.regulations.gov, type the docket opportunity for comment regarding this a depth over the sill of 10 feet. number in the ‘‘SEARCH’’ box and click rule is impracticable because the SR 310 Navigation at the site of the bridge ‘‘SEARCH.’’ Click on Open Docket bridge no longer exists and traffic from consists primarily of tugs with tows, Folder on the line associated with this this bridge has been diverted to the new fish, shrimp, crew, and pleasure . rulemaking. You may also visit the LA 657 bridge. There is considerable commerce on the Docket Management Facility in Room The SR 310 (Larose Pontoon) Bridge bayou in seafood products, sugar, W12–140 on the ground floor of the was removed from the waterway in petroleum products, cement, lumber Department of Transportation West April 2013 and replaced by the new LA and piles, clays and drilling mud, liquid Building, 1200 New Jersey Avenue SE., 657 (Larose) Vertical Lift Bridge, which sulfur, sand and gravel, oil well pipe,

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machinery and supplies, caustic soda, bridge across Lafourche Bayou at mile the Small Business and Agriculture chemicals and general cargo. The bridge 39.1 in Larose. The pontoon bridge, Regulatory Enforcement Ombudsman opens an average of 400 times a month which has been removed, was governed and the Regional Small Business for vessels or approximately 14 times by 33 CFR 117.465(a)(6). This rule Regulatory Fairness Boards. The daily. Traffic counts indicate that 9,000 merely substitutes the LA 657 bridge for Ombudsman evaluates these actions vehicles cross the bridge daily and the SR 310 bridge at that section of the annually and rates each agency’s approximately 23% of those vehicles CFR and does not impose any new responsiveness to small business. If you cross during the requested closure restrictions or limitations on the wish to comment on actions by times. waterway. employees of the Coast Guard, call 1– Currently, the LA 657 Bridge opens 2. Impact on Small Entities 888–REG–FAIR (1–888–734–3247). The on signal according to the default rule Coast Guard will not retaliate against in 33 CFR 117.5. The Louisiana The Regulatory Flexibility Act of 1980 small entities that question or complain Department of Transportation and (RFA), 5 U.S.C. 601–612, as amended, about this rule or any policy or action Development has requested that the LA requires federal agencies to consider the of the Coast Guard. 657 Bridge be allowed to follow the potential impact of regulations on small same drawbridge operation regulation entities during rulemaking. The term 4. Collection of Information that applied to the pontoon bridge ‘‘small entities’’ comprises small businesses, not-for-profit organizations This rule calls for no new collection before it was removed. This change of information under the Paperwork would permit the LA 657 bridge to open that are independently owned and operated and are not dominant in their Reduction Act of 1995 (44 U.S.C. 3501– on signal, except that, from August 1 3520). through May 31, the draw need not fields, and governmental jurisdictions open for the passage of vessels Monday with populations of less than 50,000. 5. Federalism through Friday except Federal holidays The Coast Guard certifies under 5 U.S.C. from 7 a.m. to 8:30 a.m.; from 2 p.m. to 605(b) that this rule will not have a A rule has implications for federalism 4 p.m. and from 4:30 p.m. to 5:30 p.m. significant economic impact on a under Executive Order 13132, Placing the LA 657 Bridge on the same substantial number of small entities Federalism, if it has a substantial direct operating schedule with the other five This rule would affect the following effect on the States, on the relationship bridges in the area will help minimize entities, some of which may be small between the national government and any disruption to both waterway and entities: the owners or operators of the States, or on the distribution of land transportation due to school vessels intending to transit the bridge power and responsibilities among the vehicular traffic. from August 1 through May 31, yearly, various levels of government. We have between 7 a.m. to 8:30 a.m., 2 p.m. to analyzed this rule under that Order and C. Discussion of Final Rule 4 p.m., and 4:30 p.m. to 5:30 p.m. on have determined that it does not have The Coast Guard will modify the weekdays. This action will not have a implications for federalism. significant economic impact on a regulation in 33 CFR 117.465(a)(6) by 6. Protest Activities changing the name and mile mark of the substantial number of small entities for bridge in that section from the SR 310 the following reasons. This rule does The Coast Guard respects the First (Larose Pontoon) Bridge, mile 39.1, at not impose any new restrictions on the Amendment rights of protesters. Larose, to the LA 657 (Larose) Vertical waterway. The LA 657, which is less Protesters are asked to contact the Lift Bridge, mile 38.7, at Larose. All than one-half mile from the old SR 310 person listed in the FOR FURTHER other operational requirements and bridge would now operate under the INFORMATION CONTACT section to restriction in that section remain same schedule as the old SR 310 bridge. coordinate protest activities so that your unchanged and are adopted by the new Additionally, there are five other message can be received without bridge. bridges in this area that operate under jeopardizing the safety or security of the same schedule, therefore mariners in people, places or vessels. D. Regulatory Analyses the area are accustomed to this We developed this rule after schedule. Vessels that can safely transit 7. Unfunded Mandates Reform Act considering numerous statutes and under the bridge may do so at any time. The Unfunded Mandates Reform Act executive orders related to rulemaking. Before the effective period, we will of 1995 (2 U.S.C. 1531–1538) requires Below we summarize our analyses issue maritime advisories widely Federal agencies to assess the effects of based on these statutes or executive available to users of the bayou. their discretionary regulatory actions. In orders. 3. Assistance for Small Entities particular, the Act addresses actions 1. Regulatory Planning and Review Under section 213(a) of the Small that may result in the expenditure by a This rule is not a significant Business Regulatory Enforcement State, local, or tribal government, in the regulatory action under section 3(f) of Fairness Act of 1996 (Pub. L. 104–121), aggregate, or by the private sector of Executive Order 12866, Regulatory we want to assist small entities in $100,000,000 (adjusted for inflation) or Planning and Review, as supplemented understanding this rule. If the rule more in any one year. Though this rule by Executive Order 13563, Improving would affect your small business, will not result in such expenditure, we Regulation and Regulatory Review, and organization, or governmental do discuss the effects of this rule does not require an assessment of jurisdiction and you have questions elsewhere in this preamble. potential costs and benefits under concerning its provisions or options for 8. Taking of Private Property section 6(a)(3) of Order 12866 or under compliance, please contact the person section 1 of Executive Order 13563. The listed in the FOR FURTHER INFORMATION This rule will not cause a taking of Office of Management and Budget has CONTACT, above. private property or otherwise have not reviewed it under those Orders. Small businesses may send comments taking implications under Executive The new LA 657 vertical lift bridge on the actions of Federal employees Order 12630, Governmental Actions and across Lafourche Bayou at mile 38.7 in who enforce, or otherwise determine Interference with Constitutionally Larose replaced the old SR 310 pontoon compliance with, Federal regulations to Protected Property Rights.

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9. Civil Justice Reform For the reasons discussed in the 2013–0257. To view documents This rule meets applicable standards preamble, the Coast Guard amends 33 mentioned in this preamble as being in sections 3(a) and 3(b)(2) of Executive CFR Part 117 as follows: available in the docket, go to http:// Order 12988, Civil Justice Reform, to www.regulations.gov, type in the docket PART 117—DRAWBRIDGE number in the ‘‘Search.’’ Box and click minimize litigation, eliminate OPERATION REGULATIONS ambiguity, and reduce burden. ‘‘SEARCH.’’ Click Open Docket Folder on the line associated with this ■ 1. The authority citation for part 117 10. Protection of Children rulemaking. You may also visit the continues to read as follows: We have analyzed this rule under Docket Management Facility in Room Executive Order 13045, Protection of Authority: 33 U.S.C. 499; 33 CFR 1.05–1; W12–140 on the ground floor of the Children from Environmental Health Department of Homeland Security Delegation Department of Transportation West No. 0170.1. Risks and Safety Risks. This rule is not Building, 1200 New Jersey Avenue SE., an economically significant rule and ■ 2. Section 117.465(a)(6) is revised to Washington, DC 20590, between 9 a.m. does not create an environmental risk to read as follows: and 5 p.m., Monday through Friday, except Federal holidays. health or risk to safety that might § 117.465 Lafourche Bayou. disproportionately affect children. FOR FURTHER INFORMATION CONTACT: (a) * * * If 11. Indian Tribal Governments (6) LA 657 (Larose) Vertical Lift you have questions on this rule, call or Bridge, mile 38.7, at Larose. email Mr. Joe Arca, Project Officer, First This rule does not have tribal Coast Guard District Bridge Program, implications under Executive Order * * * * * telephone 212–668–7165, email 13175, Consultation and Coordination Dated: August 25, 2013. [email protected]. If you have with Indian Tribal Governments, Kevin S. Cook, questions on viewing the docket, call because it does not have a substantial Rear Admiral, U.S. Coast Guard, Commander, Barbara Hairston, Program Manager, direct effect on one or more Indian Eighth Coast Guard District. Docket Operations, telephone 202–366– tribes, on the relationship between the [FR Doc. 2013–22269 Filed 9–12–13; 8:45 am] 9826. Federal Government and Indian tribes, BILLING CODE 9110–04–P SUPPLEMENTARY INFORMATION: or on the distribution of power and responsibilities between the Federal A. Regulatory History and Information Government and Indian tribes. DEPARTMENT OF HOMELAND On May 24, 2013, we published a 12. Energy Effects SECURITY notice of proposed rulemaking (NPRM) entitled, ‘‘Drawbridge Operation This action is not a ‘‘significant Coast Guard Regulations; Hudson River, Troy and energy action’’ under Executive Order Green Island, NY,’’ in the Federal 13211, Actions Concerning Regulations 33 CFR Part 117 Register (78 FR 31454). We received no That Significantly Affect Energy Supply, comments on the proposed rule. No Distribution, or Use. [Docket No. USCG–2013–0257] public meeting was requested, and none 13. Technical Standards RIN 1625–AA09 was held. This rule does not use technical Drawbridge Operation Regulation; B. Basis and Purpose standards. Therefore, we did not Hudson River, Troy and Green Island, consider the use of voluntary consensus NY The bridge, mile 152.7, standards. across the Hudson River, between Troy AGENCY: Coast Guard, DHS. and Green Island, New York, has a 14. Environment ACTION: Final rule. vertical clearance in the closed position We have analyzed this rule under of 29 feet at mean high water and 34 feet SUMMARY: The Coast Guard amends the Department of Homeland Security at mean low water. The waterway users drawbridge operation regulations that Management Directive 023–01 and are seasonal recreational vessels, several govern the operation of the highway Commandant Instruction M16475.lD, tour boats and a U.S. of bridge across the Hudson River, mile which guides the Coast Guard in Engineers vessel. 152.7, between Troy and Green Island, complying with the National The existing drawbridge operation New York. The owner of the bridge, Environmental Policy Act of 1969 regulations are listed at 33 CFR New York State Department of (NEPA) (42 U.S.C. 4321–4370f), and 117.791(e), which require the bridge to Transportation, requested that a twenty have concluded that this action is one operate as follows: From April 1 four hour advance notice be given for of a category of actions that do not through December 15, the draw shall bridge openings. In addition, we individually or cumulatively have a open on signal from 9 a.m. to 4 p.m.; removed the regulations for the 112th significant effect on the human except that, the draw need not open Street Bridge, mile 155.4, between Troy environment. This rule simply from 6 p.m. to 7 a.m., unless notice is and Cohoes which has been converted promulgates the operating regulations or given before 4:30 p.m. of the time the to a fixed bridge. It is expected that this procedures for . This rule is vessel is expected to pass, and need not change to the regulations will provide categorically excluded, under figure 2– open from 7 a.m., to 9 a.m., and 4 p.m. to the bridge owner from crewing 1, paragraph (32)(e), of the Instruction. to 6 p.m. From December 16 through Under figure 2–1, paragraph (32)(e), of the bridge while continuing to meet the March 31, the draw need not open. the Instruction, an environmental reasonable needs of navigation as well The Coast Guard received a request analysis checklist and a categorical as remove obsolete regulations from the from the owner of the bridge, New York exclusion determination are not Code of Federal Regulations. State Department of Transportation, to required for this rule. DATES: This rule is effective October 15, change the drawbridge operation 2013. regulations. The owner of the bridge List of Subjects in 33 CFR Part 117 ADDRESSES: Documents mentioned in proposes to open the bridge as follows: Bridges. this preamble are part of docket USCG– From April 1 through December 15, the

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