Drawbridge Operation Regulation; St. Croix River, MN, 7405-7407 [05-2797]
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Federal Register / Vol. 70, No. 29 / Monday, February 14, 2005 / Rules and Regulations
§ 50.5
Definitions.
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(g) Insurer deductible means:
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(3) Notwithstanding paragraph (g)(2)
of this section, the insurer deductible
for Program Year 3 (January 1, 2005
through December 31, 2005) for an
insurer that has not had a full year of
operations during calendar year 2004
will be based on annualized data for the
insurer’s direct earned premiums for
Program Year 3, multiplied by 15
percent. For an insurer that came into
existence after November 26, 2002 and
has had a full year of operations during
calendar year 2004, the insurer
deductible for Program Year 3 is the
value of an insurer’s direct earned
premiums over calendar year 2004,
multiplied by 15 percent.
I 3. Subpart A of part 50 is amended by
revising § 50.20(b) to read as follows:
§ 50.20 General mandatory availability
requirements.
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(b) Program Year 3—calendar year
2005. In accordance with the
determination of the Secretary
announced June 18, 2004, an insurer
must comply with paragraphs (a)(1) and
(a)(2) of this section during Program
Year 3. Notwithstanding paragraph
(a)(2) of this section and § 50.23(a),
property and casualty insurance
coverage for insured losses does not
have to be made available beyond
December 31, 2005 (the last day of
Program Year 3) even if the policy
period of insurance coverage for losses
from events other than acts of terrorism
extends beyond that date.
I 4. Subpart A of part 50 is amended by
revising § 50.21(a) to read as follows:
§ 50.21
Make available.
(a) General. The requirement to make
available coverage as provided in
§ 50.20 applies to policies in existence
on November 26, 2002, new policies
issued and renewals of existing policies
during the period beginning on
November 26, 2002 and ending on
December 31, 2004 (the last day of
Program Year 2), and to new policies
issued and renewals of existing policies
in Program Year 3 (calendar year 2005).
The requirement applies at the time an
insurer makes the initial offer of
coverage as well as at the time an
insurer makes an initial offer of renewal
of an existing policy.
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Dated: February 1, 2005.
Gregory Zerzan,
Acting Assistant Secretary of the Treasury.
[FR Doc. 05–2810 Filed 2–11–05; 8:45 am]
BILLING CODE 4810–25–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[CGD08–04–036]
RIN 1625–AA09
Drawbridge Operation Regulation; St.
Croix River, MN
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is changing
the regulation governing the Stillwater
Highway Drawbridge, across the St.
Croix River at Mile 23.4, at Stillwater,
Minnesota. Under this rule, the
drawbridge need not open for river
traffic and may remain in the closed-tonavigation position from midnight,
October 14, 2005, until midnight, March
15, 2006. This rule allows time to
perform maintenance and repairs to the
bridge.
DATES: This rule is effective from
midnight, October 14, 2005 until
midnight, March 15, 2006.
ADDRESSES: Comments and material
received from the public, as well as
documents indicated in this preamble as
being available in the docket, are part of
the docket [CGD08–04–036] and are
available for inspection or copying at
room 2.107f in the Robert A. Young
Federal Building at Eighth Coast Guard
District, between 8 a.m. and 4 p.m.,
Monday through Friday, except Federal
holidays. Commander (obr), Eighth
Coast Guard District, maintains the
public docket for this rulemaking.
FOR FURTHER INFORMATION CONTACT: Mr.
Roger K. Wiebusch, Bridge
Administrator, (314) 539–3900,
extension 2378.
SUPPLEMENTARY INFORMATION:
Regulatory History
On November 5, 2004, we published
a notice of proposed rulemaking
(NPRM) entitled, ‘‘Drawbridge
Operation Regulation; St. Croix River,
Minnesota,’’ in the Federal Register (69
FR 64553). We received no comment
letters on the proposed rule. No public
meeting was requested, and none was
held.
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7405
Background and Purpose
On September 13, 2004, the
Minnesota Department of
Transportation, requested a temporary
change to the operation of the Stillwater
Highway Drawbridge across the St.
Croix River, Mile 23.4, at Stillwater,
Minnesota to allow the drawbridge to
remain in the closed-to-navigation
position for 152 consecutive days for
critical repairs and maintenance.
The Stillwater Highway Drawbridge
navigation span has a vertical clearance
of 10.9 feet above normal pool in the
closed to navigation position.
Navigation on the waterway consists
primarily of commercial and
recreational watercraft and will not be
significantly impacted due to the
reduced navigation in winter months.
Presently, the draw opens from October
16 until May 14 with 24 hours advance
notice for passage of river traffic. The
Minnesota Department of
Transportation requested the
drawbridge be permitted to remain
closed-to-navigation from midnight,
October 14, 2005 until midnight, March
15, 2006. Winter conditions on the St.
Croix River will preclude any
significant navigation demands for the
drawspan opening. Performing
maintenance on the bridge during the
winter, when the number of vessels
likely to be impacted is minimal, is
preferred to bridge closure or advance
notification requirements during the
navigation season. This temporary
change to the drawbridge’s operation
has been coordinated with the
commercial waterway operators.
Discussion of Comments and Changes
The Coast Guard received no
comment letters. No changes will be
made to this final rule.
Regulatory Evaluation
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. It is not ‘‘significant’’ under the
regulatory policies and procedures of
the Department of Homeland Security
(DHS).
The Coast Guard expects that this
temporary change to the operation of the
Stillwater Highway Drawbridge will
have minimal economic impact on
commercial traffic operating on the St.
Croix River. This temporary change has
been written in such a manner as to
allow for minimal interruption of the
drawbridge’s regular operation.
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Federal Register / Vol. 70, No. 29 / Monday, February 14, 2005 / Rules and Regulations
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 would 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),
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. 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–
800–REG–FAIR (1–800–734–3247).
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 or more in any one year.
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15:21 Feb 11, 2005
Jkt 205001
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 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
regulatory 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
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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
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 there are no factors
in this case that would limit the use of
a categorical exclusion under section
2.B.2 of the instruction. Therefore, this
rule is categorically excluded, under
figure 2–1, paragraph (32)(e) of the
Instruction, from further environmental
documentation.
Paragraph (32)(e) excludes the
promulgation of operating regulations or
procedures for drawbridges from the
environmental documentation
requirements of the National
Environmental Policy Act (NEPA).
Since this regulation would alter the
normal operating conditions of the
drawbridge, it falls within this
exclusion. A ‘‘Categorical Exclusion
Determination’’ is available in the
docket for inspection or copying where
indicated under ADDRESSES.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 117 as follows:
I
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
I
Authority: 33 U.S.C. 499; Department of
Homeland Security Delegation No. 0170.1; 33
CFR 1.05–1(g); section 117.255 also issued
under the authority of Pub. L. 102–587, 106
Stat. 5039.
2. From midnight, October 14, 2005,
until midnight, March 15, 2006, in
§ 117.667, suspend paragraph (b) and
add a new paragraph (f) to read as
follows:
I
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Federal Register / Vol. 70, No. 29 / Monday, February 14, 2005 / Rules and Regulations
§ 117.667
St. Croix River.
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(f) The Stillwater Highway
Drawbridge, mile 23.4, St. Croix River,
at Stillwater, Minnesota, need not open
for river traffic and may be maintained
in the closed-to-navigation position.
Dated: January 26, 2005.
R.F. Duncan,
Rear Admiral, U.S. Coast Guard, Commander,
Eighth Coast Guard District.
[FR Doc. 05–2797 Filed 2–11–05; 8:45 am]
BILLING CODE 4910–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[R06–OAR–2005–TX–0004; FRL–7872–7]
Approval and Promulgation of State
Implementation Plans; Texas; Revision
to the Rate of Progress Plan for the
Houston/Galveston (HGA) Ozone
Nonattainment Area
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
SUMMARY: The EPA is approving
revisions to the Texas State
Implementation Plan (SIP) Post-1999
Rate of Progress (ROP) Plan, the 1990
Base Year Inventory, and the Motor
Vehicle Emissions Budgets (MVEB)
established by the ROP Plan, for the
Houston Galveston (HGA) ozone
nonattainment Area submitted
November 16, 2004. The intended effect
of this action is to approve revisions
submitted by the State of Texas to
satisfy the reasonable further progress
requirements for 1-hour ozone
nonattainment areas classified as severe
and demonstrate further progress in
reducing ozone precursors. We are
approving these revisions in accordance
with the requirements of the Federal
Clean Air Act (the Act).
DATES: This rule is effective on April 15,
2005, without further notice, unless
EPA receives relevant adverse comment
by March 16, 2005. If EPA receives such
comment, EPA will publish a timely
withdrawal in the Federal Register
informing the public that this rule will
not take effect.
ADDRESSES: Submit your comments,
identified by Regional Material in
EDocket (RME) ID No. R06–OAR–2005–
TX–0004, by one of the following
methods:
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
VerDate jul<14>2003
15:21 Feb 11, 2005
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Agency Web Site: https://
docket.epa.gov/rmepub/ Regional
Material in EDocket (RME), EPA’s
electronic public docket and comment
system, is EPA’s preferred method for
receiving comments. Once in the
system, select ‘‘quick search,’’ then key
in the appropriate RME Docket
identification number. Follow the online instructions for submitting
comments.
U.S. EPA Region 6 ‘‘Contact Us’’ Web
Site: https://epa.gov/region6/
r6coment.htm. Please click on ‘‘6PD’’
(Multimedia) and select ‘‘Air’’ before
submitting comments.
E-mail: Mr. Thomas Diggs at
diggs.thomas@epa.gov. Please also cc
the person listed in the FOR FURTHER
INFORMATION CONTACT section below.
Fax: Mr. Thomas Diggs, Chief, Air
Planning Section (6PD–L), at fax
number 214–665–7263.
Mail: Mr. Thomas Diggs, Chief, Air
Planning Section (6PD–L),
Environmental Protection Agency, 1445
Ross Avenue, Suite 1200, Dallas, Texas
75202–2733.
Hand or Courier Delivery: Mr. Thomas
Diggs, Chief, Air Planning Section
(6PD–L), Environmental Protection
Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202–2733. Such
deliveries are accepted only between the
hours of 8 a.m. and 4 p.m. weekdays
except for legal holidays. Special
arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to
Regional Material in EDocket (RME) ID
No. R6–OAR–2005–TX–0004 The EPA’s
policy is that all comments received
will be included in the public file
without change and may be made
available online at https://
docket.epa.gov/rmepub/, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
the disclosure of which is restricted by
statute. Do not submit information
through Regional Material in EDocket
(RME), regulations.gov, or e-mail if you
believe that it is CBI or otherwise
protected from disclosure. The EPA
RME Web site and the Federal
regulations.gov are ‘‘anonymous access’’
systems, which means EPA will not
know your identity or contact
information unless you provide it in the
body of your comment. If you send an
e-mail comment directly to EPA without
going through RME or regulations.gov,
your e-mail address will be
automatically captured and included as
part of the comment that is placed in the
public file and made available on the
Internet. If you submit an electronic
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7407
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment and with any disk or CD–ROM
you submit. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
or viruses.
Docket: All documents in the
electronic docket are listed in the
Regional Material in EDocket (RME)
index at https://docket.epa.gov/rmepub/.
Although listed in the index, some
information is not publicly available,
i.e., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically in RME or
in the official file which is available at
the Air Planning Section (6PD–L),
Environmental Protection Agency, 1445
Ross Avenue, Suite 700, Dallas, Texas
75202–2733. The file will be made
available by appointment for public
inspection in the Region 6 FOIA Review
Room between the hours of 8:30 a.m.
and 4:30 p.m. weekdays except for legal
holidays. Contact the person listed in
the FOR FURTHER INFORMATION CONTACT
paragraph below or Mr. Bill Deese at
(214) 665–7253 to make an
appointment. If possible, please make
the appointment at least two working
days in advance of your visit. There will
be a 15 cent per page fee for making
photocopies of documents. On the day
of the visit, please check in at the EPA
Region 6 reception area at 1445 Ross
Avenue, Suite 700, Dallas, Texas.
The State submittal is also available
for public inspection at the State Air
Agency listed below during official
business hours by appointment: Texas
Commission on Environmental Quality,
Office of Air Quality, 12124 Park Circle,
Austin, Texas 78753.
FOR FURTHER INFORMATION CONTACT: Guy
Donaldson, Air Planning Section (6PD–
L), EPA Region 6, 1445 Ross Avenue,
Dallas, Texas 75202–2733, telephone
(214) 665–7242,
donaldson.guy@epa.gov.
SUPPLEMENTARY INFORMATION:
What Action Are We Taking?
We are approving revisions to the
HGA area post-1999 ROP Plan for the
2000–2002, 2003–2005 and 2006–2007
time periods submitted in a letter dated
November 16, 2004. The post-1999 ROP
E:\FR\FM\14FER1.SGM
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]]>Agencies
[Federal Register Volume 70, Number 29 (Monday, February 14, 2005)]
[Rules and Regulations]
[Pages 7405-7407]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-2797]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD08-04-036]
RIN 1625-AA09
Drawbridge Operation Regulation; St. Croix River, MN
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is changing the regulation governing the
Stillwater Highway Drawbridge, across the St. Croix River at Mile 23.4,
at Stillwater, Minnesota. Under this rule, the drawbridge need not open
for river traffic and may remain in the closed-to-navigation position
from midnight, October 14, 2005, until midnight, March 15, 2006. This
rule allows time to perform maintenance and repairs to the bridge.
DATES: This rule is effective from midnight, October 14, 2005 until
midnight, March 15, 2006.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of the docket [CGD08-04-036] and are available for inspection
or copying at room 2.107f in the Robert A. Young Federal Building at
Eighth Coast Guard District, between 8 a.m. and 4 p.m., Monday through
Friday, except Federal holidays. Commander (obr), Eighth Coast Guard
District, maintains the public docket for this rulemaking.
FOR FURTHER INFORMATION CONTACT: Mr. Roger K. Wiebusch, Bridge
Administrator, (314) 539-3900, extension 2378.
SUPPLEMENTARY INFORMATION:
Regulatory History
On November 5, 2004, we published a notice of proposed rulemaking
(NPRM) entitled, ``Drawbridge Operation Regulation; St. Croix River,
Minnesota,'' in the Federal Register (69 FR 64553). We received no
comment letters on the proposed rule. No public meeting was requested,
and none was held.
Background and Purpose
On September 13, 2004, the Minnesota Department of Transportation,
requested a temporary change to the operation of the Stillwater Highway
Drawbridge across the St. Croix River, Mile 23.4, at Stillwater,
Minnesota to allow the drawbridge to remain in the closed-to-navigation
position for 152 consecutive days for critical repairs and maintenance.
The Stillwater Highway Drawbridge navigation span has a vertical
clearance of 10.9 feet above normal pool in the closed to navigation
position.
Navigation on the waterway consists primarily of commercial and
recreational watercraft and will not be significantly impacted due to
the reduced navigation in winter months. Presently, the draw opens from
October 16 until May 14 with 24 hours advance notice for passage of
river traffic. The Minnesota Department of Transportation requested the
drawbridge be permitted to remain closed-to-navigation from midnight,
October 14, 2005 until midnight, March 15, 2006. Winter conditions on
the St. Croix River will preclude any significant navigation demands
for the drawspan opening. Performing maintenance on the bridge during
the winter, when the number of vessels likely to be impacted is
minimal, is preferred to bridge closure or advance notification
requirements during the navigation season. This temporary change to the
drawbridge's operation has been coordinated with the commercial
waterway operators.
Discussion of Comments and Changes
The Coast Guard received no comment letters. No changes will be
made to this final rule.
Regulatory Evaluation
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. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS).
The Coast Guard expects that this temporary change to the operation
of the Stillwater Highway Drawbridge will have minimal economic impact
on commercial traffic operating on the St. Croix River. This temporary
change has been written in such a manner as to allow for minimal
interruption of the drawbridge's regular operation.
[[Page 7406]]
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
would 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), 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. 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 1-800-REG-FAIR (1-800-734-3247).
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 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 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
regulatory 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 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 there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (32)(e) of the Instruction, from further
environmental documentation.
Paragraph (32)(e) excludes the promulgation of operating
regulations or procedures for drawbridges from the environmental
documentation requirements of the National Environmental Policy Act
(NEPA). Since this regulation would alter the normal operating
conditions of the drawbridge, it falls within this exclusion. A
``Categorical Exclusion Determination'' is available in the docket for
inspection or copying where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
0
1. The authority citation for part 117 continues to read as follows:
Authority: 33 U.S.C. 499; Department of Homeland Security
Delegation No. 0170.1; 33 CFR 1.05-1(g); section 117.255 also issued
under the authority of Pub. L. 102-587, 106 Stat. 5039.
0
2. From midnight, October 14, 2005, until midnight, March 15, 2006, in
Sec. 117.667, suspend paragraph (b) and add a new paragraph (f) to
read as follows:
[[Page 7407]]
Sec. 117.667 St. Croix River.
* * * * *
(f) The Stillwater Highway Drawbridge, mile 23.4, St. Croix River,
at Stillwater, Minnesota, need not open for river traffic and may be
maintained in the closed-to-navigation position.
Dated: January 26, 2005.
R.F. Duncan,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 05-2797 Filed 2-11-05; 8:45 am]
BILLING CODE 4910-15-P
