Drawbridge Operation Regulation; Mississippi River, Iowa and Illinois, 32276-32278 [05-10899]
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Federal Register / Vol. 70, No. 105 / Thursday, June 2, 2005 / Proposed Rules
accommodate aircraft using the ILS or
LOC DME SIAPs at Eagles County
Regional Airport. This Class E airspace
is necessary for the safety of IFR aircraft
executing the new SIAPs at Eagle
County Regional Airport, Eagle, CO.
Class E airspace designations are
published in paragraph 6002 of FAA
Order 7400.9M dated August 30, 2004,
and effective September 16, 2004, which
is incorporated by reference in 14 CFR
part 71.1. The Class E airspace
designation listed in this document will
be published subsequently in this order.
The FAA has determined that this
proposed regulation only involves an
established body of technical
regulations for which frequent and
routine amendments are necessary to
keep them operationally current.
Therefore, this proposed regulations; (1)
is not a ‘‘significant regulatory action’’
under Executive Order 12866; (2) is not
a ‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
regulatory evaluation as the anticipated
impact is so minimal. Since this is a
routine matter than will only affect air
traffic procedures and air navigation, it
is certified that this proposed rule
would not have a significant economic
impact on a substantial number of small
entities under the criteria of the
Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
3. Paragraph 6002. Class E airspace areas
extending upward from the surface of the
earth.
*
*
*
*
*
ANM WA E Eagle, CO. [New]
Eagle County Regional Airport, CO
(Lat. 39°38′33″ N., long. 106°55′04″ W.)
That airspace extending upward from the
surface of the earth within 4.4 mile radius of
Eagle County Regional Airport, and within
4.0 miles each side of the 079° radial
extending from the 4.4 mile radius to 14
miles northeast of the Eagle County Regional
Airport. Class E airspace is effective during
the specific dates and times established in
advance by a Notice to Airmen. The effective
date and time will thereafter be continuously
published in the Airport/Facility Directory.
*
*
*
*
*
Issued in Seattle, Washington, on May 16,
2005.
Danial Mawhorter,
Acting Area Director, Western En Route and
Oceanic Operations.
[FR Doc. 05–10905 Filed 6–1–05; 8:45 am]
BILLING CODE 4910–13–M
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[CGD08–05–025]
RIN 1625–AA09
Drawbridge Operation Regulation;
Mississippi River, Iowa and Illinois
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
The Proposed Amendment
ACTION:
Accordingly, pursuant to the
authority delegated to me, the Federal
Aviation Administration proposes to
amend 14 CFR part 71 as follows:
SUMMARY: The Coast Guard proposes to
change the regulation governing the
Rock Island Railroad & Highway
Drawbridge, across the Upper
Mississippi River at Mile 482.9, at Rock
Island, Illinois. The drawbridge need
not open for river traffic and may
remain in the closed-to-navigation
position from 8 a.m. to 11 a.m. on
September 25, 2005. This proposed rule
would allow the annually scheduled
running of a foot race as part of a local
community event.
DATES: Comments and related material
must reach the Coast Guard on or before
July 5, 2005.
ADDRESSES: You may mail comments
and related material to Commander,
Eighth Coast Guard District, Bridge
Branch, 1222 Spruce Street, St. Louis,
MO 63103–2832. Commander (obr)
maintains the public docket for this
rulemaking. Comments and material
received from the public, as well as
documents indicated in this preamble as
PART 71—DESIGNATION OF CLASS A,
CLASS B, CLASS C, CLASS D, AND
CLASS E AIRSPACE AREAS;
AIRWAYS; ROUTES; AND REPORTING
POINTS
1. The authority citation for 14 CFR
part 71 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40103, 40113,
40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–
1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR part 71.1 of the Federal Aviation
Administration Order 7400.9M,
Airspace Designations and Reporting
Points, dated August 30, 2004, and
effective September 16, 2004 is
amended as follows:
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being available in the docket, will
become part of this docket and will be
available for inspection or copying at
room 2.107f in the Robert A. Young
Federal Building, Eighth Coast Guard
District, between 8 a.m. and 4 p.m.,
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Mr.
Roger K. Wiebusch, Bridge
Administrator, (314) 539–3900,
extension 2378.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in
this rulemaking by submitting
comments and related material. If you
do so, please include your name and
address, identify the docket number for
this rulemaking (CGD08–05–025),
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 81⁄2 by 11 inches,
suitable for copying. If you would like
confirmation of receipt, 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.
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 Eighth
Coast Guard District, Bridge Branch, at
the address under ADDRESSES explaining
why one would be beneficial. If we
determine that a meeting would aid this
rulemaking, we will hold one at a time
and place announced by a later notice
in the Federal Register.
Background and Purpose
On March 29, 2005, the Department of
the Army Rock Island Arsenal requested
a temporary change to the operation of
the Rock Island Railroad & Highway
Drawbridge across the Upper
Mississippi River, Mile 482.9 at Rock
Island, Illinois to allow the drawbridge
to remain in the closed-to-navigation
position for a three hour period while a
foot race is held in the city of
Davenport, IA. The drawbridge has a
vertical clearance of 23.8 feet above
normal pool in the closed-to-navigation
position. Navigation on the waterway
consists primarily of commercial tows
and recreational watercraft that will be
minimally impacted by the limited
closure period of three hours. Presently,
the draw opens on signal for passage of
river traffic. The Rock Island Arsenal
requested the drawbridge be permitted
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Federal Register / Vol. 70, No. 105 / Thursday, June 2, 2005 / Proposed Rules
to remain closed-to-navigation from 8
a.m. until 11 a.m. on Sunday,
September 25, 2005. This temporary
change to the drawbridge’s operation
has been coordinated with the
commercial waterway operators.
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 operation of the
Rock Island Railroad & Highway
Drawbridge will have minimal
economic impact on commercial traffic
operating on the Upper Mississippi
River. This temporary change has been
written in such a manner as to allow for
minimal interruption of the
drawbridge’s regular operation.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have 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 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 proposed rule will be in
effect for only 3 hours early on a Sunday
morning, and the Coast Guard expects
the impact of this action to be minimal.
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.
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 proposed rule so that
they could better evaluate its effects on
VerDate jul<14>2003
15:04 Jun 01, 2005
Jkt 205001
them and participate in the rulemaking.
If the rule would affect your small
business, organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact Mr. Roger K.
Wiebusch, Bridge Administrator, Eighth
Coast Guard District, Bridge Branch, at
(314) 539–3900, extension 2378.
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 will 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 will not affect a
taking of private property or otherwise
have taking implications under
Executive Order 12630, Government
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
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32277
safety that might disproportionately
affect children.
Indian Tribal Governments
This proposed 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 proposed 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 proposed 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
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Federal Register / Vol. 70, No. 105 / Thursday, June 2, 2005 / Proposed Rules
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 proposed 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 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. 0170.1; 33
CFR 1.05–1(g); section 117.255 also issued
under the authority of Pub. L. 102–587, 106
Stat. 5039.
2. From 8 a.m. to 11 a.m. on
September 25, 2005, temporarily add
new § 117.T394 to read as follows:
§ 117.T394
Upper Mississippi River.
The Rock Island Railroad and
Highway Drawbridge, mile 482.9, at
Rock Island, Illinois, need not open for
river traffic and may be maintained in
the closed-to-navigation position.
Dated: May 18, 2005.
R.F. Duncan,
Rear Admiral, U.S. Coast Guard, Commander,
Eighth Coast Guard District.
[FR Doc. 05–10899 Filed 6–1–05; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[CGD01–05–029]
RIN 1625–AA09
Drawbridge Operation Regulations;
Passaic River, NJ
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
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15:04 Jun 01, 2005
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SUMMARY: The Coast Guard proposes to
temporarily change the drawbridge
operating regulations governing the
operation of the Route 280 Bridge, mile
5.8, across the Passaic River, at
Harrison, New Jersey. Under this
temporary rule the Route 280 Bridge
may remain in the closed-to-navigation
position from March 1, 2006 through
November 30, 2007. 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
August 1, 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: Joe
Arca, Project Officer, First Coast Guard
District, (212) 668–7069.
SUPPLEMENTARY INFORMATION:
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 Route 280 Bridge has a vertical
clearance in the closed position of 35
feet at mean high water and 40 feet at
mean low water. The existing
drawbridge operation regulations are
listed at 33 CFR § 117.739(h). Under the
existing operation regulations a 24-hour
advance notice is required for bridge
openings at all times.
The owner of the bridge, the New
Jersey Department of Transportation,
requested a temporary change to the
drawbridge operation regulations to
facilitate rehabilitation maintenance at
the bridge.
Under this temporary rule the bridge
would remain in the closed-tonavigation position from March 1, 2006
through November 30, 2007.
The Route 280 Bridge has not
received any requests to open during the
past ten years.
Discussion of Proposal
This proposed change would suspend
§ 117.207(h) and temporarily add a new
paragraph (u).
Under this temporary rule the Route
280 Bridge would remain in the closed
position for the passage of vessel traffic
from March 1, 2006 through November
30, 2007.
Regulatory Evaluation
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 (CGD01–05–029),
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.
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 has not received a
request to open during the past ten
years.
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
Small Entities
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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.
E:\FR\FM\02JNP1.SGM
02JNP1
]]>Agencies
[Federal Register Volume 70, Number 105 (Thursday, June 2, 2005)]
[Proposed Rules]
[Pages 32276-32278]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-10899]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD08-05-025]
RIN 1625-AA09
Drawbridge Operation Regulation; Mississippi River, Iowa and
Illinois
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to change the regulation governing
the Rock Island Railroad & Highway Drawbridge, across the Upper
Mississippi River at Mile 482.9, at Rock Island, Illinois. The
drawbridge need not open for river traffic and may remain in the
closed-to-navigation position from 8 a.m. to 11 a.m. on September 25,
2005. This proposed rule would allow the annually scheduled running of
a foot race as part of a local community event.
DATES: Comments and related material must reach the Coast Guard on or
before July 5, 2005.
ADDRESSES: You may mail comments and related material to Commander,
Eighth Coast Guard District, Bridge Branch, 1222 Spruce Street, St.
Louis, MO 63103-2832. Commander (obr) 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 room 2.107f in the Robert A. Young Federal
Building, Eighth Coast Guard District, between 8 a.m. and 4 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr. Roger K. Wiebusch, Bridge
Administrator, (314) 539-3900, extension 2378.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CGD08-05-
025), 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
confirmation of receipt, 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.
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 Eighth Coast Guard District,
Bridge Branch, at the address under ADDRESSES explaining why one would
be beneficial. If we determine that a meeting would aid this
rulemaking, we will hold one at a time and place announced by a later
notice in the Federal Register.
Background and Purpose
On March 29, 2005, the Department of the Army Rock Island Arsenal
requested a temporary change to the operation of the Rock Island
Railroad & Highway Drawbridge across the Upper Mississippi River, Mile
482.9 at Rock Island, Illinois to allow the drawbridge to remain in the
closed-to-navigation position for a three hour period while a foot race
is held in the city of Davenport, IA. The drawbridge has a vertical
clearance of 23.8 feet above normal pool in the closed-to-navigation
position. Navigation on the waterway consists primarily of commercial
tows and recreational watercraft that will be minimally impacted by the
limited closure period of three hours. Presently, the draw opens on
signal for passage of river traffic. The Rock Island Arsenal requested
the drawbridge be permitted
[[Page 32277]]
to remain closed-to-navigation from 8 a.m. until 11 a.m. on Sunday,
September 25, 2005. This temporary change to the drawbridge's operation
has been coordinated with the commercial waterway operators.
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 operation of
the Rock Island Railroad & Highway Drawbridge will have minimal
economic impact on commercial traffic operating on the Upper
Mississippi River. This temporary change has been written in such a
manner as to allow for minimal interruption of the drawbridge's regular
operation.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
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 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 proposed rule will be in effect for only
3 hours early on a Sunday morning, and the Coast Guard expects the
impact of this action to be minimal.
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.
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 proposed rule so that they could better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact Mr. Roger K. Wiebusch, Bridge
Administrator, Eighth Coast Guard District, Bridge Branch, at (314)
539-3900, extension 2378.
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 will 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 will not affect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Government 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 might
disproportionately affect children.
Indian Tribal Governments
This proposed 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 proposed 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 proposed 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
[[Page 32278]]
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 proposed 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 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. 0170.1; 33 CFR 1.05-1(g); section 117.255 also issued
under the authority of Pub. L. 102-587, 106 Stat. 5039.
2. From 8 a.m. to 11 a.m. on September 25, 2005, temporarily add
new Sec. 117.T394 to read as follows:
Sec. 117.T394 Upper Mississippi River.
The Rock Island Railroad and Highway Drawbridge, mile 482.9, at
Rock Island, Illinois, need not open for river traffic and may be
maintained in the closed-to-navigation position.
Dated: May 18, 2005.
R.F. Duncan,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 05-10899 Filed 6-1-05; 8:45 am]
BILLING CODE 4910-15-P
