Drawbridge Operation Regulations; Kent Island Narrows, Kent Island, MD, 38594-38596 [05-13129]
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Federal Register / Vol. 70, No. 127 / Tuesday, July 5, 2005 / Rules and Regulations
experience, as well as coordination with
waterway users, it has been determined
that this 12-hour closure of the north
bascule span will not have a significant
effect on the vessels that do require full
opening of the draw. Normally, the
bridge opens on signal, except that it
need not open for the passage of vessels
from 7:30 a.m. to 9 a.m. and from 4:30
p.m. to 6 p.m. Monday through Friday
except Federal holidays, as provided for
in 33 CFR 117.675(c). The north bascule
span may not be able to open for
emergencies during the closure period,
but the south bascule span of the bridge
will open at any time for vessels in
distress. Alternate routes are not
available.
In accordance with 33 CFR 117.35(c),
this work will be performed with all due
speed in order to return the bridge to
normal operation as soon as possible.
This deviation from the operating
regulations is authorized under 33 CFR
117.35.
Dated: June 27, 2005.
Marcus Redford,
Bridge Administrator.
[FR Doc. 05–13126 Filed 7–1–05; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[CGD05–05–019]
RIN 1625–AA09
Drawbridge Operation Regulations;
Kent Island Narrows, Kent Island, MD
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is changing
the regulations that govern the operation
of the S.R. 18–B Bridge, over Kent
Island Narrows, mile 1.0, in Kent Island,
MD. The final rule allows the S.R. 18–
B Bridge to open on signal for vessel
traffic on the hour and half-hour from 6
a.m. to 9 p.m., from May 1 through
October 31, but need not be opened
from 9 p.m. to 6 a.m. From November
1 through April 30, the draw shall open
on signal from 6 a.m. to 6 p.m., but need
not be opened from 6 p.m. to 6 a.m. The
draw shall open on signal for public
vessels of the United States, State, or
local government vessels used for public
safety purposes, and vessels in distress.
This change will allow for a more
efficient flow of vessel traffic.
DATES: This rule is effective August 4,
2005.
VerDate jul<14>2003
14:45 Jul 01, 2005
Jkt 205001
Comments and material
received from the public, as well as
documents indicated in this preamble as
being available in the docket, are part of
docket CGD05–05–019 and are available
for inspection or copying at Commander
(obr), Fifth Coast Guard District, Federal
Building, 1st Floor, 431 Crawford Street,
Portsmouth, VA 23704–5004 between 8
a.m. and 4 p.m., Monday through
Friday, except Federal holidays. The
Fifth Coast Guard District maintains the
public docket for this rulemaking.
FOR FURTHER INFORMATION CONTACT:
Anton Allen, Bridge Management
Specialist, Fifth Coast Guard District, at
(757) 398–6227.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
Regulatory History
On April 27, 2005, we published a
notice of proposed rulemaking (NPRM)
entitled ‘‘Drawbridge Operation
Regulations; Kent Island Narrows, Kent
Island, MD’’ in the Federal Register (70
FR 21700). We received two comments
on the proposed rule. No public meeting
was requested, and none was held.
Background and Purpose
Maryland Department of
Transportation (MDOT), who owns and
operates this bascule bridge at mile 1.0
across Kent Island Narrows, in Kent
Island, MD, requested a change to the
current operating procedures set out in
33 CFR Part 117.561, which requires the
draw to open on signal from November
1 through April 30, from 6 a.m. to 6
p.m., but need not be opened from 6
p.m. to 6 a.m.; and from May 1 through
October 31 with the following
restrictions: On Monday (except when
Monday is a holiday) through Thursday
(except when Thursday is the day before
a Friday holiday), the draw shall open
on signal on the hour from 7 a.m. to 7
p.m., but need not be opened at any
other time; On Friday (except when
Friday is a holiday) and on Thursday
when it is the day before a Friday
holiday, the draw shall open on signal
on the hour from 6 a.m. to 3 p.m. and
at 8 p.m., but need not be opened at any
other time; On Saturday and on a Friday
holiday, the draw shall open on signal
at 6 a.m. and 12 noon and on signal on
the hour from 3 p.m. to 8 p.m., but need
not open at any other time; On Sunday
and on a Monday holiday, the draw
shall open on signal on the hour from
6 a.m. to 1 p.m. and at 3:30 p.m., but
need not be opened at any other time;
The draw shall open at scheduled
opening times only if vessels are waiting
to pass. At each opening, the draw shall
remain open for a sufficient period of
time to allow passage of all waiting
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vessels; and if a vessel is approaching
the bridge and cannot reach the bridge
exactly on the hour, the drawtender may
delay the hourly opening up to ten
minutes past the hour for the passage of
the approaching vessel and any other
vessels that are waiting to pass.
In 1990, MDOT completed a new
high-rise bridge along U.S. Route 50/
301, which carries the majority of
vehicle traffic, parallel to the
drawbridge, allowing the draw to
operate with fewer restrictions to
vessels. The drawbridge has been
inadvertently operated by MDOT on this
final rule schedule since October 31,
1991.
The Coast Guard issued a temporary
deviation from May 1, 2004 to July 29,
2004, to test the proposed regulation
and solicit comments. The Coast Guard
did not receive any comments during
the temporary deviation.
This change is being requested to
make the operation of the S.R. 18–B
Bridge more efficient. In addition, the
draw will provide for greater flow of
vessel traffic than the current regulation.
Discussion of Comments and Changes
The Coast Guard received one
comment on the NPRM from a private
boater and one from MDOT. The private
boater is in support of the opening
schedule. MDOT provided information
to correct slight inaccuracies in the
background and purpose of this rule.
The Coast Guard has incorporated the
following correction to the background
and purpose: Construction of the highrise bridge parallel to the drawbridge
actually completed in 1990 vice 1997.
The Coast Guard considers this
change necessary to accurately describe
details in the background and purpose.
The comment provided by MDOT did
not have an impact on the regulation
itself, but was included for
informational purposes only.
Regulatory Evaluation
This final 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 final 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
E:\FR\FM\05JYR1.SGM
05JYR1
Federal Register / Vol. 70, No. 127 / Tuesday, July 5, 2005 / Rules and Regulations
majority of vehicle traffic utilizes the
high-rise bridge and this rule will
increase the number of openings for
maritime traffic transiting the bridge.
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 (Public Law 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 calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this rule under that Order and have
determined that it does not have
implications for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 or more in any one year.
Though this rule will not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
VerDate jul<14>2003
14:45 Jul 01, 2005
Jkt 205001
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 does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
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
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38595
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Commandant Instruction M16475.1D,
which guides the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded that there are no factors
in this case that would limit the use of
a categorical exclusion under section
2.B.2 of the Instruction. Therefore, this
rule is categorically excluded, under
figure 2–1, paragraph (32)(e) of the
Instruction, from further environmental
documentation 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:
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. In § 117.561 revise paragraphs (b)
and (c) to read as follows:
I
§ 117.561
*
Kent Island Narrows.
*
*
*
*
(b) From May 1 through October 31,
the draw shall open on signal on the
hour and half-hour from 6 a.m. to 9
p.m., but need not be opened from 9
p.m. to 6 a.m.
(c) The draw shall open on signal for
public vessels of the United States, state
and local government vessels used for
public safety purposes, and vessels in
distress. Operational information will be
available 24 hours a day by calling 1–
800–543–2515.
E:\FR\FM\05JYR1.SGM
05JYR1
38596
Federal Register / Vol. 70, No. 127 / Tuesday, July 5, 2005 / Rules and Regulations
Dated: June 27, 2005.
Sally Brice-O’Hara,
Rear Admiral, United States Coast Guard,
Commander, Fifth Coast Guard District.
[FR Doc. 05–13129 Filed 7–1–05; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 040830250–5062–03; I.D.
062705B]
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Inseason adjustments; request
for comments.
AGENCY:
SUMMARY: NMFS announces
adjustments to management measures in
the commercial Pacific Coast groundfish
fishery. These actions, which are
authorized by the Pacific Coast
Groundfish Fishery Management Plan
(FMP), will allow fisheries to access
more abundant groundfish stocks while
protecting overfished and depleted
stocks.
DATES: Effective 0001 hours (local time)
July 1, 2005. Comments on this rule will
be accepted through August 4, 2005.
ADDRESSES: You may submit comments,
identified by I.D. 062705B, by any of the
following methods:
• E-mail:
GroundfishInseason3.nwr@noaa.gov.
Include 062705B in the subject line of
the message.
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Mail: D. Robert Lohn,
Administrator, Northwest Region,
NMFS, 7600 Sand Point Way NE,
Seattle, WA 98115–0070; or Rod
McInnis, Administrator, Southwest
Region, NMFS, 501 West Ocean Blvd,
Suite 4200, Long Beach, CA 90802–
4213.
• Fax: 206–526–6736, Attn: Carrie
Nordeen.
FOR FURTHER INFORMATION CONTACT:
Carrie Nordeen (Northwest Region,
NMFS), phone: 206–526–6144; fax: 206–
526–6736; and e-mail:
carrie.nordeen@noaa.gov.
14:45 Jul 01, 2005
Jkt 205001
Electronic Access
This Federal Register document is
available on the Government Printing
Office’s website at: www.gpoaccess.gov/
fr/.
Background information and
documents are available at the NMFS
Northwest Region website at:
www.nwr.noaa.gov/1sustfsh/
gdfsh01.htm and at the Pacific Fishery
Management Council’s website at:
www.pcouncil.org.
Background
Fisheries Off West Coast States and in
the Western Pacific; Pacific Coast
Groundfish Fishery; Specifications and
Management Measures; Inseason
Adjustments
VerDate jul<14>2003
SUPPLEMENTARY INFORMATION:
The FMP and its implementing
regulations at title 50 in the Code of
Federal Regulations (CFR), part 660,
subpart G, regulate fishing for over 80
species of groundfish off the coasts of
Washington, Oregon, and California.
Groundfish specifications and
management measures are developed by
the Pacific Fishery Management Council
(Pacific Council), and are implemented
by NMFS. The specifications and
management measures for 2005–2006
were codified in the CFR (50 CFR Part
600, Subpart G) and published in the
Federal Register as a proposed rule on
September 21, 2004 (69 FR 56550), and
as a final rule on December 23, 2004 (69
FR 77012). The final rule was
subsequently amended on March 18,
2005 (70 FR 13118), March 30, 2005 (70
FR 16145), May 3, 2005 (70 FR 22808),
May 4, 2005 (70 FR 23040), May 5, 2005
(70 FR 23804), and May 19, 2005 (70 FR
28852).
The following changes to current
groundfish management measures were
recommended by the Pacific Council, in
consultation with Pacific Coast Treaty
Indian Tribes and the States of
Washington, Oregon, and California, at
its June 12–17, 2005, meeting in Foster
City, CA. The changes recommended by
the Pacific Council are as follows: (1)
increase the limited entry trawl trip
limits for sablefish, longspine
thornyhead, shortspine thornyhead,
minor slope rockfish, and splitnose
rockfish; (2) increase the limited entry
fixed gear and open access limits for
minor shelf rockfish, minor nearshore
rockfish, and black rockfish; and (3)
increase the open access bycatch limits
for canary rockfish and yelloweye
rockfish. Pacific Coast groundfish
landings will be monitored throughout
the year; further adjustments to trip
limits or management measures will be
made as necessary to allow achievement
of, or to avoid exceeding, optimum
yields (OYs).
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Frm 00026
Fmt 4700
Sfmt 4700
Limited Entry Trawl Fishery
At the June meeting, the Pacific
Council’s Groundfish Management
Team (GMT) reviewed the best available
data on estimates of landed catch and
total mortality for the limited entry
trawl fishery. These data, which were
complete through the end of April, were
compared to catch and mortality
estimates modeled for the trawl fishery
and were used to update model
predictions through the end of the year.
Based on the Pacific Fishery
Information Network’s (PacFIN’s) Quota
Species Monitoring(QSM) data,
groundfish landed catch and total
mortality data were, in general, either
similar to the total mortality estimated
by the trawl bycatch model or were
much lower than model projections. For
example, the reported catch of Dover
sole and petrale sole was within 10
percent of model predictions while the
catch of longspine thornyhead was 59
percent less than predicted. The catch of
slope rockfish is an exception, however,
as landed catch estimates were 63
percent higher than model predictions.
The trawl bycatch model was updated
with these most recent landed catch and
total mortality estimates and was used
to predict groundfish catch levels for the
remainder of the year. Based on model
results, the catch of Dover sole, petrale
sole, and shortspine thornyhead is
predicted to achieve their respective
OYs by the end of the year. The catch
of overfished species is not predicted to
exceed their rebuilding OYs.
Additionally, if current limited entry
trawl trip limits and rockfish
conservation area (RCA) boundaries
remain unchanged, the trawl bycatch
models predicts that the catch of
longspine thornyhead, sablefish, and
slope rockfish will be significantly less
than their respective OYs.
The GMT discussed inseason
adjustments to allow fisheries for slope
rockfish, sablefish, and longspine
thornyhead to be prosecuted more
effectively. One option to allow access
to these species would have been to
decrease the size of the trawl RCA, in
the area between the U.S./Canada
border and 40°10′ N. lat., by moving the
westward boundary of the trawl RCA
boundary from specific latitude and
longitude coordinates approximating
the 200–fm (366–m) depth contour to
coordinates approximating the 180–fm
(329–m) depth contour. Because this
inseason adjustment has the potential of
increasing the incidental catch of
darkblotched rockfish during summer
months, the GMT decided against
recommending a decrease in the size of
the trawl RCA. The GMT also analyzed
E:\FR\FM\05JYR1.SGM
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]]>Agencies
[Federal Register Volume 70, Number 127 (Tuesday, July 5, 2005)]
[Rules and Regulations]
[Pages 38594-38596]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-13129]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD05-05-019]
RIN 1625-AA09
Drawbridge Operation Regulations; Kent Island Narrows, Kent
Island, MD
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is changing the regulations that govern the
operation of the S.R. 18-B Bridge, over Kent Island Narrows, mile 1.0,
in Kent Island, MD. The final rule allows the S.R. 18-B Bridge to open
on signal for vessel traffic on the hour and half-hour from 6 a.m. to 9
p.m., from May 1 through October 31, but need not be opened from 9 p.m.
to 6 a.m. From November 1 through April 30, the draw shall open on
signal from 6 a.m. to 6 p.m., but need not be opened from 6 p.m. to 6
a.m. The draw shall open on signal for public vessels of the United
States, State, or local government vessels used for public safety
purposes, and vessels in distress. This change will allow for a more
efficient flow of vessel traffic.
DATES: This rule is effective August 4, 2005.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket CGD05-05-019 and are available for inspection or
copying at Commander (obr), Fifth Coast Guard District, Federal
Building, 1st Floor, 431 Crawford Street, Portsmouth, VA 23704-5004
between 8 a.m. and 4 p.m., Monday through Friday, except Federal
holidays. The Fifth Coast Guard District maintains the public docket
for this rulemaking.
FOR FURTHER INFORMATION CONTACT: Anton Allen, Bridge Management
Specialist, Fifth Coast Guard District, at (757) 398-6227.
SUPPLEMENTARY INFORMATION:
Regulatory History
On April 27, 2005, we published a notice of proposed rulemaking
(NPRM) entitled ``Drawbridge Operation Regulations; Kent Island
Narrows, Kent Island, MD'' in the Federal Register (70 FR 21700). We
received two comments on the proposed rule. No public meeting was
requested, and none was held.
Background and Purpose
Maryland Department of Transportation (MDOT), who owns and operates
this bascule bridge at mile 1.0 across Kent Island Narrows, in Kent
Island, MD, requested a change to the current operating procedures set
out in 33 CFR Part 117.561, which requires the draw to open on signal
from November 1 through April 30, from 6 a.m. to 6 p.m., but need not
be opened from 6 p.m. to 6 a.m.; and from May 1 through October 31 with
the following restrictions: On Monday (except when Monday is a holiday)
through Thursday (except when Thursday is the day before a Friday
holiday), the draw shall open on signal on the hour from 7 a.m. to 7
p.m., but need not be opened at any other time; On Friday (except when
Friday is a holiday) and on Thursday when it is the day before a Friday
holiday, the draw shall open on signal on the hour from 6 a.m. to 3
p.m. and at 8 p.m., but need not be opened at any other time; On
Saturday and on a Friday holiday, the draw shall open on signal at 6
a.m. and 12 noon and on signal on the hour from 3 p.m. to 8 p.m., but
need not open at any other time; On Sunday and on a Monday holiday, the
draw shall open on signal on the hour from 6 a.m. to 1 p.m. and at 3:30
p.m., but need not be opened at any other time; The draw shall open at
scheduled opening times only if vessels are waiting to pass. At each
opening, the draw shall remain open for a sufficient period of time to
allow passage of all waiting vessels; and if a vessel is approaching
the bridge and cannot reach the bridge exactly on the hour, the
drawtender may delay the hourly opening up to ten minutes past the hour
for the passage of the approaching vessel and any other vessels that
are waiting to pass.
In 1990, MDOT completed a new high-rise bridge along U.S. Route 50/
301, which carries the majority of vehicle traffic, parallel to the
drawbridge, allowing the draw to operate with fewer restrictions to
vessels. The drawbridge has been inadvertently operated by MDOT on this
final rule schedule since October 31, 1991.
The Coast Guard issued a temporary deviation from May 1, 2004 to
July 29, 2004, to test the proposed regulation and solicit comments.
The Coast Guard did not receive any comments during the temporary
deviation.
This change is being requested to make the operation of the S.R.
18-B Bridge more efficient. In addition, the draw will provide for
greater flow of vessel traffic than the current regulation.
Discussion of Comments and Changes
The Coast Guard received one comment on the NPRM from a private
boater and one from MDOT. The private boater is in support of the
opening schedule. MDOT provided information to correct slight
inaccuracies in the background and purpose of this rule. The Coast
Guard has incorporated the following correction to the background and
purpose: Construction of the high-rise bridge parallel to the
drawbridge actually completed in 1990 vice 1997.
The Coast Guard considers this change necessary to accurately
describe details in the background and purpose. The comment provided by
MDOT did not have an impact on the regulation itself, but was included
for informational purposes only.
Regulatory Evaluation
This final 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 final 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
[[Page 38595]]
majority of vehicle traffic utilizes the high-rise bridge and this rule
will increase the number of openings for maritime traffic transiting
the bridge.
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 (Public Law 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 calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such 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 does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
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 M16475.1D,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (32)(e) of the Instruction, from further
environmental documentation 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
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. In Sec. 117.561 revise paragraphs (b) and (c) to read as follows:
Sec. 117.561 Kent Island Narrows.
* * * * *
(b) From May 1 through October 31, the draw shall open on signal on
the hour and half-hour from 6 a.m. to 9 p.m., but need not be opened
from 9 p.m. to 6 a.m.
(c) The draw shall open on signal for public vessels of the United
States, state and local government vessels used for public safety
purposes, and vessels in distress. Operational information will be
available 24 hours a day by calling 1-800-543-2515.
[[Page 38596]]
Dated: June 27, 2005.
Sally Brice-O'Hara,
Rear Admiral, United States Coast Guard, Commander, Fifth Coast Guard
District.
[FR Doc. 05-13129 Filed 7-1-05; 8:45 am]
BILLING CODE 4910-15-P
