Drawbridge Operation Regulations; Housatonic River, CT, 20322-20324 [05-7906]
Download as PDF
20322
Federal Register / Vol. 70, No. 74 / Tuesday, April 19, 2005 / Proposed Rules
2. In the event registration is denied,
specific reasons for the denial shall be
submitted to the applicant.
a. The insurer shall have 30 days from the
receipt of notification of denial of registration
(sent certified mail, return receipt requested)
in which to request reconsideration of the
original decision. This request must be
accompanied by substantiating data or
information in rebuttal of the specific reasons
upon which the denial was based.
b. Action by the PDUSD(P&R) or designee
on a request for reconsideration is final.
c. An applicant that is presently registered
as an insurer shall have 90 calendar days
from final action denying registration in
which to close out operations.
3. Upon receiving an annual letter
approving registration, each company shall
send to the applicable overseas Combatant
Commander a verified list of agents currently
registered for overseas solicitation. Where
applicable, the company shall also include
the names and prior military affiliation of
new agents for whom original registration
and permission to solicit on base is
requested. Insurers initially registered shall
be furnished instructions by the Department
of Defense for agent registration procedures
in overseas areas.
4. Material changes affecting the corporate
status and financial conditions of the
company that may occur during the fiscal
year of registration must be reported to MWR
Policy at the address in paragraph B.2. of this
appendix, as they occur.
a. The Office of the PDUSD(P&R) reserves
the right to terminate registration if such
material changes appear to substantially
affect the financial and operational criteria
described in section A of this appendix on
which registration was based.
b. Failure to report such material changes
may result in termination of registration
regardless of how it affects the criteria.
5. If an analysis of information furnished
by the company indicates that unfavorable
trends are developing that may possibly
adversely affect its future operations, the
Office of the PDUSD(P&R) may, at its option,
bring such matters to the attention of the
company and request a statement as to what
action, if any, is contemplated to deal with
such unfavorable trends.
Dated: April 14, 2005.
Jeannette Owings-Ballard,
OSD Federal Register Liaison Officer,
Department of Defense.
[FR Doc. 05–7810 Filed 4–18–05; 8:45 am]
BILLING CODE 5001–06–P
VerDate jul<14>2003
20:31 Apr 18, 2005
Jkt 205001
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[CGD01–05–028]
RIN 1625–AA09
Drawbridge Operation Regulations;
Housatonic River, CT
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
SUMMARY: The Coast Guard proposes to
temporarily change the drawbridge
operating regulations governing the
operation of the U.S. 1 Bridge, mile 3.5,
across the Housatonic River at Stratford,
Connecticut. Under this temporary rule
only one of the two-bascule leafs at the
bridge would open for the passage of
vessel traffic from June 18, 2005 through
December 30, 2005, except holidays.
Two-leaf, full bridge openings, would be
provided upon a three-day advance
notice. This temporary rulemaking is
necessary to facilitate rehabilitation
repairs at the bridge.
DATES: Comments and related material
must reach the Coast Guard on or before
May 19, 2005.
ADDRESSES: You may mail comments
and related material to Commander
(obr), First Coast Guard District Bridge
Branch, 408 Atlantic Avenue, Boston,
Massachusetts, 02110, or deliver them
to the same address between 6:30 a.m.
and 3 p.m., Monday through Friday,
except, Federal holidays. The telephone
number is (617) 223–8364. The First
Coast Guard District, Bridge Branch,
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
the First Coast Guard District, Bridge
Branch, 7 a.m. to 3 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Judy
Leung-Yee, Project Officer, First Coast
Guard District, (212) 668–7195.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in
this rulemaking by submitting
comments or related material. If you do
so, please include your name and
address, identify the docket number for
this rulemaking (CGD01–05–028),
indicate the specific section of this
document to which each comment
applies, and give the reason for each
PO 00000
Frm 00008
Fmt 4702
Sfmt 4702
comment. Please submit all comments
and related material in an unbound
format, no larger than 81⁄2 by 11 inches,
suitable for copying. If you would like
to know if they reached us, please
enclose a stamped, self-addressed
postcard or envelope. We will consider
all comments and material received
during the comment period. We may
change this proposed rule in view of
them.
If, as we anticipate we make this
temporary final rule effective less than
30 days after publication in the Federal
Register, we will explain in that
publication, as required by 5 U.S.C.
(d)(3), our good cause for doing so.
Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for a meeting by writing to the First
Coast Guard District, Bridge Branch, at
the address under ADDRESSES explaining
why one would be beneficial. If we
determine that one would aid this
rulemaking, we will hold one at a time
and place announced by a later notice
in the Federal Register.
Background
The U.S. 1 Bridge has a vertical
clearance in the closed position of 32
feet at mean high water and 37 feet at
mean low water. The existing
drawbridge operation regulations are
listed at 33 CFR 117.207(a).
The owner of the bridge, the
Connecticut Department of
Transportation, requested a temporary
change to the drawbridge operation
regulations to facilitate rehabilitation
maintenance at the bridge.
Under this temporary rule only one of
the two-bascule leafs at the U.S. 1
Bridge would open for the passage of
vessel traffic from June 18, 2005 through
December 30, 2005.
The Monday through Friday closures
to facilitate vehicular commuter traffic
in the existing operation regulations, 7
a.m. to 9 a.m. and 4 p.m. to 5:45 p.m.,
would continue to be in effect during
this temporary rule.
Two-leaf openings would be provided
on the following holidays: the Fourth of
July, Friday July 1 through Monday July
4; Labor Day, Friday September 2
through Monday September 5;
Thanksgiving, Thursday November 24
through Sunday November 27; and
Christmas, Saturday December 24
through Monday December 26, 2005.
In addition, full two leaf bridge
opening would also be provided at any
time, except during the closed periods
for vehicular commuter traffic, after at
least a three-day advance notice is given
E:\FR\FM\19APP1.ROB
19APP1
Federal Register / Vol. 70, No. 74 / Tuesday, April 19, 2005 / Proposed Rules
by calling the number posted at the
bridge.
Discussion of Proposal
This proposed change would suspend
paragraph (a) in § 117.207 and
temporarily add a new paragraph (c).
Under this temporary rule only one of
the two-bascule leafs at the bridge
would open for the passage of vessel
traffic from April 1, 2005 through May
27, 2005.
Two leaf openings would be provided
on holidays or at any time, except
during the closed periods for vehicular
commuter traffic, after at least a threeday advance notice is given by calling
the number posted at the bridge.
The closed periods for vehicular
commuter traffic in the existing
operation regulations, 7 a.m. to 9 a.m.
and 4 p.m. to 5:45 p.m., Monday
through Friday, would also continue to
be in effect during the effective period
of this temporary rule.
Regulatory Evaluation
This proposed 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
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.
We expect the economic impact of
this proposed rule to be so minimal that
a full Regulatory Evaluation, under the
regulatory policies and procedures of
DHS, is unnecessary.
This conclusion is based on the fact
that the bridge will fully open at
anytime after a three-day notice is given.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we considered
whether this proposed 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
section 5 U.S.C. 605(b), that this
proposed rule would not have a
significant economic impact on a
substantial number of small entities.
This conclusion is based on the fact
that the bridge will fully open at
VerDate jul<14>2003
20:31 Apr 18, 2005
Jkt 205001
anytime after a three-day advance notice
is given.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
Collection of Information
This proposed 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 proposed rule would not
result in such an expenditure, we do
discuss the effects of this rule elsewhere
in this preamble.
Taking of Private Property
This proposed rule would not effect a
taking of private property or otherwise
have taking implications under E.O.
12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
Civil Justice Reform
This proposed 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 proposed 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
PO 00000
Frm 00009
Fmt 4702
Sfmt 4702
20323
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 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. It has not been designated by the
Administrator of the Office of
Information and Regulatory Affairs 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 proposed rule
does not use technical standards.
Therefore, we did not consider the use
of voluntary consensus standards.
Environment
We have analyzed this proposed 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
E:\FR\FM\19APP1.ROB
19APP1
20324
Federal Register / Vol. 70, No. 74 / Tuesday, April 19, 2005 / Proposed Rules
rule is categorically excluded, under
figure 2–1, paragraph (32)(e), of the
Instruction, from further environment
documentation because it has been
determined that the promulgation of
operating regulations or procedures for
drawbridges are categorically excluded.
List of Subjects in 33 CFR Part 117
For the reasons set out in the
preamble, the Coast Guard proposes to
amend 33 CFR part 117 as follows:
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
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; 33
CFR 1.05–1(g); section 117.255 also issued
under the authority of Pub. L. 102–587, 106
Stat. 5039.
2. From June 18, 2005 through
December 30, 2005, paragraph (a) in
section 117.207 is suspended and a new
paragraph (c) is added to read as
follows:
Housatonic River
*
*
*
*
*
(c) From June 18, 2005 through
December 30, 2005, the U.S. 1 Bridge,
mile 3.5, at Stratford, shall open on
signal, except that, it may open only one
of the two-bascule leafs for the passage
of vessel traffic.
(1) From 7 a.m. to 9 a.m. and 4 p.m.
to 5:45 p.m., Monday through Friday,
the bridge may remain closed for the
passage of vessel traffic.
(2) Two-leaf, full bridge openings,
shall be provided on holidays as
follows: the Fourth of July, Friday July
1 through Monday July 4; Labor Day,
Friday September 2 through Monday
September 5; Thanksgiving, Thursday
November 24 through Sunday
November 27; and Christmas, Saturday
December 24 through Monday
December 26, 2005.
(3) Two-leaf, full bridge openings,
shall be provided at any time, except as
provided in (c)(1), after at least a threeday advance notice is given by calling
the number posted at the bridge.
Dated: April 11, 2005.
David P. Pekoske,
Rear Admiral, U.S. Coast Guard, Commander,
First Coast Guard District.
[FR Doc. 05–7906 Filed 4–15–05; 12:37 pm]
VerDate jul<14>2003
20:31 Apr 18, 2005
Jkt 205001
36 CFR Parts 401, 402, 403
Sec.
401.1 Purpose.
401.2 Applicability and scope.
401.3 Background.
401.4 Responsibility.
401.5 Control and supervision of materials,
design, and building.
401.6 Approval by National Commission of
Fine Arts.
401.7 Cooperation with other than
Government entities.
401.8 Requirement for Commission
approval.
401.9 Evaluation criteria.
401.10 Monument Trust Fund Program.
401.11 Demolition criteria.
American Battle Monuments
Commission Policies on Overseas
Memorials
American Battle Monuments
Commission.
ACTION: Proposed regulation.
Regulations
BILLING CODE 4910–15–P
PART 401—MONUMENTS AND
MEMORIALS
AGENCY:
Bridges.
§ 117.207
AMERICAN BATTLE MONUMENTS
COMMISSION
SUMMARY: The American Battle
Monuments Commission is updating its
regulations on overseas memorials in
order to reflect actual practice and
current statutory requirements.
DATES: Submit comments on or before
May 18, 2005.
ADDRESSES: You may submit comments,
by any of the following methods:
Federal Rulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Agency Web site: https://www.abmc.gov.
Follow the instructions for submitting
comments on the Web site.
FOR FURTHER INFORMATION CONTACT: Mr.
Thomas Sole, Director of Engineering
and Maintenance, American Battle
Monuments Commission, Suite 500,
2300 Clarendon Blvd., Arlington, VA
22201–3367; telephone: (703) 696–6899;
FAX: (703) 696–6666.
SUPPLEMENTARY INFORMATION:
Pursuant to Chapter 21, Title 36
United States Code, the American Battle
Monuments Commission (ABMC) is
generally responsible for overseas
memorials and monuments honoring
the sacrifices of the American Armed
Forces. ABMC’s regulations on the
performance of this function have not
been updated since 1970. Since that
time Congress has established within
ABMC a Memorial Trust Fund Program
the terms of which are codified at 36
U.S.C. 2106(b–e). The purpose of this
proposed regulation is to set forth
agency policy implementing 36 U.S.C.
2106(b–e) and to place all agency
guidance on overseas memorial
responsibilities in one comprehensive
document. This proposed part 401
would supersede existing part 401 and
rescind existing parts 402 and 403.
List of Subjects in 36 CFR Parts 401,
402, and 403
Monuments and memorials.
For the reasons set forth in the
preamble, American Battle Monuments
Commission proposes to amend 36 CFR
chapter IV as follows:
1. Part 401 is revised to read as
follows:
PO 00000
Frm 00010
Fmt 4702
Sfmt 4702
Authority: 36 U.S.C 2105; 36 U.S.C. 2106.
§ 401.1
Purpose.
This part provides guidance on the
execution of the responsibilities given
by Congress to the American Battle
Monuments Commission (Commission)
regarding memorials and monuments
commemorating the service of American
Armed Forces at locations outside the
United States.
§ 401.2
Applicability and scope.
This part applies to all agencies of the
United States Government, State and
local governments of the United States
and all American citizens, and private
and public American organizations that
have established or plan to establish any
permanent memorial commemorating
the service of American Armed Forces
at a location outside the United States.
This chapter does not address
temporary monuments, plaques and
other elements that deployed American
Armed Forces wish to erect at a facility
occupied by them outside the United
States. Approval of any such temporary
monument, plaque or other element is a
matter to be determined by the
concerned component of the
Department of Defense consistent with
host nation law and any other
constraints applicable to the presence of
American Armed Forces at the overseas
location.
§ 401.3
Background.
Following World War I many
American individuals, organizations
and governmental entities sought to
create memorials in Europe
commemorating the service of American
Armed Forces that participated in that
war. Frequently such well intended
efforts were undertaken without
adequate regard for many issues
including host nation approvals, design
adequacy, and funding for perpetual
maintenance. As a result, in 1923
Congress created the American Battle
Monuments Commission to generally
E:\FR\FM\19APP1.ROB
19APP1
Agencies
[Federal Register Volume 70, Number 74 (Tuesday, April 19, 2005)]
[Proposed Rules]
[Pages 20322-20324]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-7906]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD01-05-028]
RIN 1625-AA09
Drawbridge Operation Regulations; Housatonic River, CT
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to temporarily change the drawbridge
operating regulations governing the operation of the U.S. 1 Bridge,
mile 3.5, across the Housatonic River at Stratford, Connecticut. Under
this temporary rule only one of the two-bascule leafs at the bridge
would open for the passage of vessel traffic from June 18, 2005 through
December 30, 2005, except holidays. Two-leaf, full bridge openings,
would be provided upon a three-day advance notice. This temporary
rulemaking is necessary to facilitate rehabilitation repairs at the
bridge.
DATES: Comments and related material must reach the Coast Guard on or
before May 19, 2005.
ADDRESSES: You may mail comments and related material to Commander
(obr), First Coast Guard District Bridge Branch, 408 Atlantic Avenue,
Boston, Massachusetts, 02110, or deliver them to the same address
between 6:30 a.m. and 3 p.m., Monday through Friday, except, Federal
holidays. The telephone number is (617) 223-8364. The First Coast Guard
District, Bridge Branch, 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 the First Coast Guard District, Bridge Branch, 7 a.m. to 3
p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Judy Leung-Yee, Project Officer, First
Coast Guard District, (212) 668-7195.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments or related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CGD01-05-
028), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know if
they reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
If, as we anticipate we make this temporary final rule effective
less than 30 days after publication in the Federal Register, we will
explain in that publication, as required by 5 U.S.C. (d)(3), our good
cause for doing so.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to the First Coast Guard District,
Bridge Branch, at the address under ADDRESSES explaining why one would
be beneficial. If we determine that one would aid this rulemaking, we
will hold one at a time and place announced by a later notice in the
Federal Register.
Background
The U.S. 1 Bridge has a vertical clearance in the closed position
of 32 feet at mean high water and 37 feet at mean low water. The
existing drawbridge operation regulations are listed at 33 CFR
117.207(a).
The owner of the bridge, the Connecticut Department of
Transportation, requested a temporary change to the drawbridge
operation regulations to facilitate rehabilitation maintenance at the
bridge.
Under this temporary rule only one of the two-bascule leafs at the
U.S. 1 Bridge would open for the passage of vessel traffic from June
18, 2005 through December 30, 2005.
The Monday through Friday closures to facilitate vehicular commuter
traffic in the existing operation regulations, 7 a.m. to 9 a.m. and 4
p.m. to 5:45 p.m., would continue to be in effect during this temporary
rule.
Two-leaf openings would be provided on the following holidays: the
Fourth of July, Friday July 1 through Monday July 4; Labor Day, Friday
September 2 through Monday September 5; Thanksgiving, Thursday November
24 through Sunday November 27; and Christmas, Saturday December 24
through Monday December 26, 2005.
In addition, full two leaf bridge opening would also be provided at
any time, except during the closed periods for vehicular commuter
traffic, after at least a three-day advance notice is given
[[Page 20323]]
by calling the number posted at the bridge.
Discussion of Proposal
This proposed change would suspend paragraph (a) in Sec. 117.207
and temporarily add a new paragraph (c).
Under this temporary rule only one of the two-bascule leafs at the
bridge would open for the passage of vessel traffic from April 1, 2005
through May 27, 2005.
Two leaf openings would be provided on holidays or at any time,
except during the closed periods for vehicular commuter traffic, after
at least a three-day advance notice is given by calling the number
posted at the bridge.
The closed periods for vehicular commuter traffic in the existing
operation regulations, 7 a.m. to 9 a.m. and 4 p.m. to 5:45 p.m., Monday
through Friday, would also continue to be in effect during the
effective period of this temporary rule.
Regulatory Evaluation
This proposed 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 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.
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation, under the regulatory
policies and procedures of DHS, is unnecessary.
This conclusion is based on the fact that the bridge will fully
open at anytime after a three-day notice is given.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
considered whether this proposed 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 section 5 U.S.C. 605(b), that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
This conclusion is based on the fact that the bridge will fully
open at anytime after a three-day advance notice is given.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Collection of Information
This proposed 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 proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would not effect a taking of private property or
otherwise have taking implications under E.O. 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This proposed 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 proposed 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 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 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. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs 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 proposed rule does not use technical standards.
Therefore, we did not consider the use of voluntary consensus
standards.
Environment
We have analyzed this proposed 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
[[Page 20324]]
rule is categorically excluded, under figure 2-1, paragraph (32)(e), of
the Instruction, from further environment documentation because it has
been determined that the promulgation of operating regulations or
procedures for drawbridges are categorically excluded.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
For the reasons set out in the preamble, the Coast Guard proposes
to amend 33 CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
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; 33 CFR 1.05-1(g); section 117.255 also issued
under the authority of Pub. L. 102-587, 106 Stat. 5039.
2. From June 18, 2005 through December 30, 2005, paragraph (a) in
section 117.207 is suspended and a new paragraph (c) is added to read
as follows:
Sec. 117.207 Housatonic River
* * * * *
(c) From June 18, 2005 through December 30, 2005, the U.S. 1
Bridge, mile 3.5, at Stratford, shall open on signal, except that, it
may open only one of the two-bascule leafs for the passage of vessel
traffic.
(1) From 7 a.m. to 9 a.m. and 4 p.m. to 5:45 p.m., Monday through
Friday, the bridge may remain closed for the passage of vessel traffic.
(2) Two-leaf, full bridge openings, shall be provided on holidays
as follows: the Fourth of July, Friday July 1 through Monday July 4;
Labor Day, Friday September 2 through Monday September 5; Thanksgiving,
Thursday November 24 through Sunday November 27; and Christmas,
Saturday December 24 through Monday December 26, 2005.
(3) Two-leaf, full bridge openings, shall be provided at any time,
except as provided in (c)(1), after at least a three-day advance notice
is given by calling the number posted at the bridge.
Dated: April 11, 2005.
David P. Pekoske,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 05-7906 Filed 4-15-05; 12:37 pm]
BILLING CODE 4910-15-P