Drawbridge Operation Regulations; Chincoteague Channel, Chincoteague, VA, 20051-20053 [05-7618]
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Federal Register / Vol. 70, No. 73 / Monday, April 18, 2005 / Rules and Regulations
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.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 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 (34)(h), of the
Instruction, from further environmental
documentation. Special local
regulations issued in conjunction with a
regatta or marine parade permit are
specifically excluded from further
analysis and documentation under that
section.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
I For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
I
Authority: 33 U.S.C. 1233; Department of
Homeland Security Delegation No. 0170.1.
2. Add temporary § 100.35–T05–022 to
read as follows:
I
§ 100.35–T05–022
Camden, NC.
Pasquotank River,
(a) Definitions. (1) Coast Guard Patrol
Commander means a commissioned,
warrant, or petty officer of the Coast
Guard who has been designated by the
Commander, Coast Guard Group Cape
Hatteras.
(2) Official Patrol means any vessel
assigned or approved by Commander,
Coast Guard Group Cape Hatteras with
a commissioned, warrant, or petty
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officer on board and displaying a Coast
Guard ensign.
(3) Participant includes all vessels
participating in the Camden Spring Race
under the auspices of the Marine Event
Permit issued to the event sponsor and
approved by Commander, Coast Guard
Group Cape Hatteras.
(b) Regulated area includes all waters
of the Pasquotank River, in an area
bound by the following points:
36°21′21.9″ N, 076°13′29.6″ W; thence to
36°21′17.8″ N, 076°13′37.8″ W; thence to
36°21′38.9″ N, 076°13′54.6″ W; thence to
36°21′43.3″ N, 076°13′45″ W; thence to
point of origin. All coordinates
reference Datum: NAD 1983.
(c) Special local regulations. (1)
Except for event participants and
persons or vessels authorized by the
Coast Guard Patrol Commander, no
person or vessel may enter or remain in
the regulated area.
(2) The operator of any vessel in the
regulated area must:
(i) Stop the vessel immediately when
directed to do so by any Official Patrol.
(ii) Proceed as directed by any Official
Patrol.
(iii) Unless otherwise directed by the
Official Patrol, operate at a minimum
wake speed not to exceed six (6) knots.
(d) Effective period. This section will
be effective from 9:30 a.m. on April 23,
to 6:30 p.m. on April 24, 2005.
(e) Enforcement period. It is expected
that this section will be enforced from
9:30 a.m. to 6:30 p.m. on April 23 and
24, 2005.
Dated: March 29, 2005.
Sally Brice-O’Hara,
Rear Admiral, U.S. Coast Guard, Commander,
Fifth Coast Guard District.
[FR Doc. 05–7699 Filed 4–15–05; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[CGD05–04–215]
RIN 1625–AA09
Drawbridge Operation Regulations;
Chincoteague Channel, Chincoteague,
VA
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is changing
the operating regulations that govern the
operation of the SR 175 Bridge, at mile
3.5, at Chincoteague, Virginia. The final
rule will require the draw to open on
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Fmt 4700
Sfmt 4700
20051
demand from midnight to 6 a.m., and on
the hour from 6 a.m. to midnight, except
from 7 a.m. to 5 p.m. on the last
consecutive Wednesday and Thursday
in July of every year, the draw need not
be opened. This change will reduce
vehicular traffic congestion, increasing
public safety and will extend the
structural and operational integrity of
the movable span, while still balancing
the needs of marine and vehicular
traffic.
DATES: This rule is effective May 18,
2005.
ADDRESSES: You may mail comments
and related material to Commander
(obr), Fifth Coast Guard District, Federal
Building, 1st Floor, 431 Crawford Street,
Portsmouth, VA 23704–5004. The Fifth
Coast Guard District maintains the
public docket for this rulemaking.
Comments and material received from
the public, as well as documents
indicated in this preamble as being
available in the docket, will become part
of this docket and will be available for
inspection or copying at Commander
(obr), Fifth Coast Guard District between
8 a.m. and 4 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Gary
Heyer, Bridge Management Specialist,
Fifth Coast Guard District, at (757) 398–
6629.
SUPPLEMENTARY INFORMATION:
Regulatory History
On December 30, 2004 we published
a notice of proposed rulemaking
(NPRM) entitled ‘‘Drawbridge Operation
Regulation; Chincoteague Channel,
Chincoteague, VA’’ in the Federal
Register (69 FR 78373). We received six
letters commenting on the proposed
rule. No public hearing was requested.
Background and Purpose
The Virginia Department of
Transportation (VDOT) owns and
operates this swing-type bridge. The
current regulation allows the SR 175
Bridge, mile 3.5, at Chincoteague to
open on signal except the draw shall
remain in the closed position to vessels
from 7 a.m. to 5 p.m. on the last
consecutive Wednesday and Thursday
in July of every year.
On behalf of the Chincoteague Town
Council residents, and business owners
in the area, VDOT has requested a
change to the existing regulations for the
SR 175 Bridge. This final rule is an
effort to schedule the number of
drawbridge openings thereby reducing
traffic congestion for public safety. By
scheduling the number of openings this
change will also extend the structural
and operational integrity of the movable
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Federal Register / Vol. 70, No. 73 / Monday, April 18, 2005 / Rules and Regulations
span, while balancing the needs of
mariners and vehicular traffic transiting
in and around this seaside resort area.
SR 175 highway is also the principle
arterial route that serves as the major
evacuation highway in the event of
emergencies or tidal flooding.
The final rule will provide for a safer
and more efficient operation of the SR
175 Bridge.
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.
Discussion of Comments and Changes
The Coast Guard received six
comments on the NPRM. Five
comments were from Chincoteague
Island residents and the other comment
was from Coast Guard (CG) Group
Eastern Shore; all comments favored an
hourly opening schedule year round. CG
Group Eastern Shore expressed
additional concerns for safe vessel
passage after midnight. From midnight
to 6 a.m., the NPRM proposed that the
draw of the bridge need not be opened.
CG Group Eastern Shore suggested the
bridge open on demand from midnight
to 6 a.m., except from 7 a.m. to 5 p.m.
on the last consecutive Wednesday and
Thursday in July, the draw need not be
opened.
The Coast Guard considered these
changes necessary for safe navigation
and the final rule was changed to reflect
this suggestion.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule so that they can
better evaluate its effects on them and
participate in the rulemaking process.
No assistance was requested from any
small entity.
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).
We expect the economic impact of
this rule to be so minimal that a full
Regulatory Evaluation under the
regulatory policies and procedures of
DHS is unnecessary. We reached this
conclusion based on the fact that the
changes have only a minimal impact on
maritime traffic transiting the bridge.
Mariners can plan their trips in
accordance with the scheduled bridge
openings, to minimize 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
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Jkt 205001
Assistance for Small Entities
Collection of Information
This rule would call 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 proposed 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
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
Taking of Private Property
This rule would 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.
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Fmt 4700
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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 would 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
Commandant Instruction M16475.lD,
E:\FR\FM\18APR1.SGM
18APR1
20053
Federal Register / Vol. 70, No. 73 / Monday, April 18, 2005 / Rules and Regulations
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 because it has been
determined that the promulgation of
operating regulations for drawbridges
are categorically excluded.
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. § 117.1005 is revised to read as
follows:
I
§ 117.1005
Chincoteague Channel.
The draw of the SR 175 Bridge, mile
3.5, at Chincoteague shall open on
demand from midnight to 6 a.m., and on
the hour from 6 a.m. to midnight, except
that from 7 a.m. to 5 p.m. on the last
consecutive Wednesday and Thursday
in July of every year, the draw need not
be opened.
Dated: April 7, 2005.
Sally Brice-O’Hara,
Rear Admiral, U.S. Coast Guard, Commander,
Fifth Coast Guard District.
[FR Doc. 05–7618 Filed 4–15–05; 8:45 am]
BILLING CODE 4910–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 55
[OAR–2004–0091; FRL–7896–2]
Outer Continental Shelf Air
Regulations Consistency Update for
California
Environmental Protection
Agency (‘‘EPA’’).
ACTION: Final rule—consistency update.
AGENCY:
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SUMMARY: EPA is finalizing the update
of the Outer Continental Shelf (‘‘OCS’’)
Air Regulations proposed in the Federal
Register on June 23, 2004, July 31, 2003,
January 13, 2003, August 16, 2002, April
12, 2002, January 22, 2002, June 28,
2001, December 11, 2000, and May 26,
2000. Requirements applying to OCS
sources located within 25 miles of
states’ seaward boundaries must be
updated periodically to remain
consistent with the requirements of the
corresponding onshore area (‘‘COA’’), as
mandated by section 328(a)(1) of the
Clean Air Act Amendments of 1990
(‘‘the Act’’). The portion of the OCS air
regulations that is being updated
pertains to the requirements for OCS
sources for which the Santa Barbara
County Air Pollution Control District,
South Coast Air Quality Management
District, and Ventura County Air
Pollution Control District are the
designated COAs. The intended effect of
approving the requirements contained
in ‘‘Santa Barbara County Air Pollution
Control District Requirements
Applicable to OCS Sources’’ (February,
2005), ‘‘South Coast Air Quality
Management District Requirements
Applicable to OCS Sources’’ (Part I, II
and III) (February, 2005), and ‘‘Ventura
County Air Pollution Control District
Requirements Applicable to OCS
Sources’’ (February, 2005) is to regulate
emissions from OCS sources in
accordance with the requirements
onshore.
Effective Date: This action is
effective May 18, 2005.
The incorporation by reference of
certain publications listed in this rule is
approved by the Director of the Federal
Register as of May 18, 2005.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. 2004–0091. You can inspect copies
of the administrative record for this
action at EPA’s Region IX office during
normal business hours by appointment.
You can inspect copies of the submitted
rules by appointment at the following
locations:
Environmental Protection Agency,
Region IX, 75 Hawthorne Street, San
Francisco, CA 94105.
Air and Radiation Docket and
Information Center, U.S.
Environmental Protection Agency,
Room B–102, 1301 Constitution
Avenue, NW., (Mail Code 6102T),
Washington, DC 20460.
FOR FURTHER INFORMATION CONTACT:
Christine Vineyard, Air Division, U.S.
EPA Region IX, (415) 947–4125,
vineyard.christine@epa.gov.
DATES:
SUPPLEMENTARY INFORMATION:
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I. Background
TABLE 1
Date of proposed rule
June 23, 2004 ..................
July 31, 2003 ...................
January 13, 2003 .............
August 16, 2002 ..............
April 12, 2002 ..................
January 22, 2002 .............
June 28, 2001 ..................
December 11, 2000 .........
May 26, 2000 ...................
Federal Register
citation
69
68
68
67
67
67
66
65
65
FR
FR
FR
FR
FR
FR
FR
FR
FR
34981
44914
1570
53546
17955
2846
34394
77333
34129
On the dates listed in Table 1, EPA
proposed to approve requirements into
the OCS Air Regulations pertaining to
Santa Barbara County APCD, South
Coast AQMD, Ventura County APCD,
and State of California. These
requirements are being promulgated in
response to the submittal of rules from
local air pollution control agencies. EPA
has evaluated the proposed
requirements to ensure that they are
rationally related to the attainment or
maintenance of Federal or State ambient
air quality standards or part C of title I
of the Act, that they are not designed
expressly to prevent exploration and
development of the OCS and that they
are applicable to OCS sources. 40 CFR
55.1. EPA has also evaluated the rules
to ensure that they are not arbitrary or
capricious. 40 CFR 55.12(e). In addition,
EPA has excluded administrative or
procedural rules.
Section 328(a) of the Act requires that
EPA establish requirements to control
air pollution from OCS sources located
within 25 miles of states’ seaward
boundaries that are the same as onshore
requirements. To comply with this
statutory mandate, EPA must
incorporate applicable onshore rules
into part 55 as they exist onshore. This
limits EPA’s flexibility in deciding
which requirements will be
incorporated into part 55 and prevents
EPA from making substantive changes
to the requirements it incorporates. As
a result, EPA may be incorporating rules
into part 55 that do not conform to all
of EPA’s state implementation plan
(SIP) guidance or certain requirements
of the Act. Consistency updates may
result in the inclusion of state or local
rules or regulations into part 55, even
though the same rules may ultimately be
disapproved for inclusion as part of the
SIP. Inclusion in the OCS rule does not
imply that a rule meets the requirements
of the Act for SIP approval, nor does it
imply that the rule will be approved by
EPA for inclusion in the SIP.
E:\FR\FM\18APR1.SGM
18APR1
]]>Agencies
[Federal Register Volume 70, Number 73 (Monday, April 18, 2005)]
[Rules and Regulations]
[Pages 20051-20053]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD05-04-215]
RIN 1625-AA09
Drawbridge Operation Regulations; Chincoteague Channel,
Chincoteague, VA
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is changing the operating regulations that
govern the operation of the SR 175 Bridge, at mile 3.5, at
Chincoteague, Virginia. The final rule will require the draw to open on
demand from midnight to 6 a.m., and on the hour from 6 a.m. to
midnight, except from 7 a.m. to 5 p.m. on the last consecutive
Wednesday and Thursday in July of every year, the draw need not be
opened. This change will reduce vehicular traffic congestion,
increasing public safety and will extend the structural and operational
integrity of the movable span, while still balancing the needs of
marine and vehicular traffic.
DATES: This rule is effective May 18, 2005.
ADDRESSES: You may mail comments and related material to Commander
(obr), Fifth Coast Guard District, Federal Building, 1st Floor, 431
Crawford Street, Portsmouth, VA 23704-5004. The Fifth Coast Guard
District maintains the public docket for this rulemaking. Comments and
material received from the public, as well as documents indicated in
this preamble as being available in the docket, will become part of
this docket and will be available for inspection or copying at
Commander (obr), Fifth Coast Guard District between 8 a.m. and 4 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Gary Heyer, Bridge Management
Specialist, Fifth Coast Guard District, at (757) 398-6629.
SUPPLEMENTARY INFORMATION:
Regulatory History
On December 30, 2004 we published a notice of proposed rulemaking
(NPRM) entitled ``Drawbridge Operation Regulation; Chincoteague
Channel, Chincoteague, VA'' in the Federal Register (69 FR 78373). We
received six letters commenting on the proposed rule. No public hearing
was requested.
Background and Purpose
The Virginia Department of Transportation (VDOT) owns and operates
this swing-type bridge. The current regulation allows the SR 175
Bridge, mile 3.5, at Chincoteague to open on signal except the draw
shall remain in the closed position to vessels from 7 a.m. to 5 p.m. on
the last consecutive Wednesday and Thursday in July of every year.
On behalf of the Chincoteague Town Council residents, and business
owners in the area, VDOT has requested a change to the existing
regulations for the SR 175 Bridge. This final rule is an effort to
schedule the number of drawbridge openings thereby reducing traffic
congestion for public safety. By scheduling the number of openings this
change will also extend the structural and operational integrity of the
movable
[[Page 20052]]
span, while balancing the needs of mariners and vehicular traffic
transiting in and around this seaside resort area. SR 175 highway is
also the principle arterial route that serves as the major evacuation
highway in the event of emergencies or tidal flooding.
The final rule will provide for a safer and more efficient
operation of the SR 175 Bridge.
Discussion of Comments and Changes
The Coast Guard received six comments on the NPRM. Five comments
were from Chincoteague Island residents and the other comment was from
Coast Guard (CG) Group Eastern Shore; all comments favored an hourly
opening schedule year round. CG Group Eastern Shore expressed
additional concerns for safe vessel passage after midnight. From
midnight to 6 a.m., the NPRM proposed that the draw of the bridge need
not be opened. CG Group Eastern Shore suggested the bridge open on
demand from midnight to 6 a.m., except from 7 a.m. to 5 p.m. on the
last consecutive Wednesday and Thursday in July, the draw need not be
opened.
The Coast Guard considered these changes necessary for safe
navigation and the final rule was changed to reflect this suggestion.
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).
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation under the regulatory policies and procedures
of DHS is unnecessary. We reached this conclusion based on the fact
that the changes have only a minimal impact on maritime traffic
transiting the bridge. Mariners can plan their trips in accordance with
the scheduled bridge openings, to minimize 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
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 want to assist small
entities in understanding this rule so that they can better evaluate
its effects on them and participate in the rulemaking process. No
assistance was requested from any small entity.
Collection of Information
This rule would call 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 proposed 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 an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule would 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 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 would 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 Commandant Instruction M16475.lD,
[[Page 20053]]
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 because it has been determined that the promulgation of
operating regulations for drawbridges are categorically excluded.
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. Sec. 117.1005 is revised to read as follows:
Sec. 117.1005 Chincoteague Channel.
The draw of the SR 175 Bridge, mile 3.5, at Chincoteague shall open
on demand from midnight to 6 a.m., and on the hour from 6 a.m. to
midnight, except that from 7 a.m. to 5 p.m. on the last consecutive
Wednesday and Thursday in July of every year, the draw need not be
opened.
Dated: April 7, 2005.
Sally Brice-O'Hara,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 05-7618 Filed 4-15-05; 8:45 am]
BILLING CODE 4910-15-P
