Drawbridge Operation Regulations: Dorchester Bay, MA, 58059-58061 [05-19949]
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Federal Register / Vol. 70, No. 192 / Wednesday, October 5, 2005 / Rules and Regulations
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.
Authority: 33 U.S.C. 499; 33 CFR 1.05–1(g);
Department of Homeland Security Delegation
No. 0170.1; § 117.255 also issued under the
authority of Pub. L. 102–587, 106 Stat. 5039.
2. Section 117.723 is amended by
revising paragraph (c) to read as follows:
I
§ 117.723
Hackensack River.
*
*
*
*
*
(c) Except as provided in paragraphs
(a)(1) of this section, the draw of the
Amtrak Portal Bridge, mile 5.0, at Little
Snake Hill, need not open for the
passage of vessel traffic Monday through
Friday, except Federal holidays, from 6
a.m. to 10 a.m. and from 4 p.m. to 8 p.m.
Additional bridge openings shall be
provided for commercial vessels from 6
a.m. to 7:20 a.m.; 9:20 a.m. to 10 a.m.;
4 p.m. to 4:30 p.m. and from 6:50 p.m.
to 8 p.m., if at least a one-hour advance
notice is given by calling the number
posted at the bridge. At all other times
the draw shall open on signal.
*
*
*
*
*
Dated: September 25, 2005.
David P. Pekoske,
Rear Admiral, U.S. Coast Guard, Commander,
First Coast Guard District.
[FR Doc. 05–19952 Filed 10–4–05; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
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. It has been determined
that this final rule does not significantly
impact the environment.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
For the reasons set out in the
preamble, the Coast Guard amends 33
CFR part 117 as follows:
I
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
I
VerDate Aug<31>2005
14:00 Oct 04, 2005
Jkt 208001
33 CFR Part 117
[CGD11–05–028]
Drawbridge Operation Regulations;
Sacramento River, Sacramento, CA
Coast Guard, DHS.
Notice of temporary deviation
from regulations.
AGENCY:
ACTION:
The Commander, Eleventh
Coast Guard District, has issued a
temporary deviation from the regulation
governing the operation of the Tower
Drawbridge across the Sacramento
River, mile 59.0, at Sacramento, CA.
This deviation allows the drawbridge to
not open for vessel traffic and remain in
the closed-to-navigation position. The
deviation is necessary to rehabilitate the
bridge deck.
DATES: This deviation is effective from
10 p.m. on October 16, 2005 through 7
a.m. on October 20, 2005.
ADDRESSES: Materials referred to in this
document are available for inspection or
copying at Commander (oan), Eleventh
Coast Guard District, Building 50–3,
Coast Guard Island, Alameda, CA
94501–5100, between 8 a.m. and 4 p.m.,
SUMMARY:
PO 00000
Frm 00067
Fmt 4700
Sfmt 4700
58059
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT:
David H. Sulouff, Chief, Bridge Section,
Eleventh Coast Guard District,
telephone (510) 437–3516.
SUPPLEMENTARY INFORMATION: California
Department of Transportation
(CalTrans) requested a temporary
change to the operation of the Tower
Drawbridge, mile 59.0, Sacramento
River, Sacramento, CA. The Tower
Drawbridge navigation span provides
vertical clearance of 30 feet above Mean
High Water in the closed-to-navigation
position. Presently, the draw is required
to open on signal as required by 33 CFR
117.189. CalTrans requested the
drawbridge be allowed to remain closed
to navigation from 10 p.m. on October
16, 2005 to 7 a.m. on October 20, 2005.
During this time, CalTrans will
rehabilitate the bridge deck on the
drawspan and avoid the risks associated
with trying to maintain the delicate
mechanical balance necessary for
drawspan operation. Navigation on the
waterway consists of both commercial
and recreational watercraft. The
drawspan can be operated for
emergency purposes with 4 hours’
advance notice. Vessels that can pass
through the bridge in the closed-tonavigation position may continue to do
so at any time. This deviation to
drawbridge regulating operations has
been coordinated with the waterway
users. No objections to the proposed
deviation were received.
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: September 23, 2005.
Kevin J. Eldridge,
Rear Admiral, U. S. Coast Guard,
Commander, Eleventh Coast Guard District.
[FR Doc. 05–19953 Filed 10–4–05; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[CGD01–05–020]
RIN 1625–AA09
Drawbridge Operation Regulations:
Dorchester Bay, MA
AGENCY:
E:\FR\FM\05OCR1.SGM
Coast Guard, DHS.
05OCR1
58060
ACTION:
Federal Register / Vol. 70, No. 192 / Wednesday, October 5, 2005 / Rules and Regulations
Temporary final rule.
SUMMARY: The Coast Guard is
temporarily changing the drawbridge
operating regulations governing the
operation of the William T. Morrisey
Boulevard Bridge, at mile 0.0, across
Dorchester Bay at Boston,
Massachusetts. This change to the
drawbridge operation regulations allows
the bridge to remain in the closed
position from November 1, 2005
through May 10, 2006. This action is
necessary to facilitate scheduled bridge
maintenance.
DATES: This rule is effective from
November 1, 2005 through May 10,
2006.
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 (CGD01–05–020) and are
available for inspection or copying at
the First Coast Guard District, Bridge
Branch Office, 408 Atlantic Avenue,
Boston, Massachusetts, 02110, between
7 a.m. and 3 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr.
John W. McDonald, Project Officer, First
Coast Guard District, (617) 223–8364.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
Regulatory Information
On April 20, 2005, we published a
notice of proposed rulemaking (NPRM)
entitled Drawbridge Operation
Regulations, Dorchester Bay,
Massachusetts, in the Federal Register
(70 FR 20489). We received no
comments in response to the notice of
proposed rulemaking. No public hearing
was requested and none was held.
Background and Purpose
The William T. Morrisey Boulevard
Bridge, at mile 0.0 across Dorchester
Bay, has a vertical clearance of 12 feet
at mean high water and 22 feet at mean
low water. The existing regulations at 33
CFR 117.597 require the draw to open
on signal from April 16 through October
14, except that the draw need not open
for vessel traffic from 7:30 a.m. to 9 a.m.
and from 4:30 p.m. to 6 p.m. except on
Saturdays, Sundays, or holidays
observed in the locality. From October
15 through April 15, the draw shall
open on signal if at least twenty-four
hours notice is given.
The bridge owner, the Department of
Conservation and Recreation (DCR),
asked the Coast Guard to temporarily
change the drawbridge operation
regulations to allow the bridge to remain
in the closed position from November 1,
2005 through May 10, 2006, to facilitate
VerDate Aug<31>2005
14:00 Oct 04, 2005
Jkt 208001
electrical rehabilitation construction at
the bridge.
Discussion of Comments and Changes
The Coast Guard received no
comments in response to the notice of
proposed rulemaking. As a result of the
above, no changes were made to this
temporary final rule.
Regulatory Evaluation
This rule is not a ‘‘significant
regulatory action’’ under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, and does not
require an assessment of potential costs
and benefits under section 6(a)(3), of
that Order. The Office of Management
and Budget has not reviewed it under
that Order. It is not ‘‘significant’’ under
the regulatory policies and procedures
of the Department of Homeland Security
(DHS).
This conclusion is based on the fact
that the only known users of the
waterway, the Dorchester Yacht Club,
will not be affected by this rule while
it is in effect.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we 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 less than 50,000.
The Coast Guard certifies under 5
U.S.C. 605(b), that this rule will not
have a significant economic impact on
a substantial number of small entities.
This conclusion is based on the fact
that the only known user of the
waterway, the Dorchester Yacht Club,
will not be affected by this rule while
it is in effect.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub L. 104–121),
we offered to assist small entities in
understanding the rule so that they
could better evaluate its effects on them
and participate in the rulemaking
process. No small entities requested
Coast Guard assistance and none was
given.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
PO 00000
Frm 00068
Fmt 4700
Sfmt 4700
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247).
Collection of Information
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this rule under that Order and have
determined that it does not have
implications for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by
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 will not effect a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not concern 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
E:\FR\FM\05OCR1.SGM
05OCR1
Federal Register / Vol. 70, No. 192 / Wednesday, October 5, 2005 / Rules and Regulations
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have 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.
that this final rule does not significantly
impact the environment.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
For the reasons set out in the
preamble, the Coast Guard amends 33
CFR part 117 as follows:
I
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
I
Authority: 33 U.S.C. 499; 33 CFR 1.05–1(g);
Department of Homeland Security Delegation
No. 0170.1; section 117.255 also issued under
the authority of Pub. L. 102–587, 106 Stat.
5039.
§ 117.597
[Suspended]
2. From November 1, 2005 through
May 10,2006, § 117.597 is suspended.
I 3. From November 1, 2005 through
May 10, 2006, § 117.T602 is temporarily
added to read as follows:
I
§ 117.T602
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.
Dorchester Bay.
The draw of the William T. Morrisey
Boulevard Bridge, mile 0.0, at Boston,
need not open for the passage of vessel
traffic from November 1, 2005 through
May 10,2006.
Dated: September 25, 2005.
David P. Pekoske,
Rear Admiral, U.S. Coast Guard, Commander,
First Coast Guard District.
[FR Doc. 05–19949 Filed 10–4–05; 8:45 am]
BILLING CODE 4910–15–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 27
[WT Docket No. 02–353; FCC 05–149]
Service Rules for Advanced Wireless
Services in the 1.7 GHz and 2.1 GHz
Bands
Federal Communications
Commission.
ACTION: Final rule.
Environment
AGENCY:
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. It has been determined
SUMMARY: In this document, the
Commission resolves five petitions for
reconsideration of the Report and Order
adopting service rules for Advanced
Wireless Services (AWS) in the 1710–
1755 and 2110–2155 MHz bands. In this
Order, the Commission modifies the
band plan and makes minor revisions to
the service rules to provide additional
opportunities for smaller and rural
wireless carriers and to enhance
flexibility for potential licensees. In all
VerDate Aug<31>2005
14:00 Oct 04, 2005
Jkt 208001
PO 00000
Frm 00069
Fmt 4700
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58061
other respects, the Commission denies
the petitions for reconsideration. The
Commission takes this action to
facilitate the provision of new services
to the public, and to encourage the
optimum use of these frequencies.
DATES: Effective November 4, 2005.
ADDRESSES: Federal Communications
Commission, 445 12th Street, SW.,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT:
Peter Corea of the Broadband Division,
Wireless Telecommunications Bureau,
at 202–418–BITS (2487) (voice) or 202–
418–1169 (TTY).
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Order on
Reconsideration in WT Docket No. 02–
353, FCC 05–149, adopted on August 5,
2005, and released on August 15, 2005.
The full text of this document is
available for inspection and copying
during normal business hours in the
FCC Reference Information Center, 445
12th Street, SW., Washington, DC
20554. The complete text may be
purchased from the Commission’s copy
contractor, Best Copy and Printing, Inc.,
445 12th Street, SW., Room CY–B402,
Washington, DC 20554. To request
materials in accessible formats for
people with disabilities (Braille, large
print, electronic files, audio format),
send an e-mail to fcc504@fcc.gov or call
the Consumer and Governmental Affairs
Bureau at 202–418–0530 (voice) or 202–
418–0432 (tty).
Overview
1. On November 25, 2003, the
Commission adopted licensing,
technical, and competitive bidding rules
to govern the use of the Advanced
Wireless Services spectrum in the 1710–
1755 and 2110–2155 MHz bands. This
Order on Reconsideration resolves
petitions for reconsideration of the
service rules Report and Order. (Service
Rules for Advanced Wireless Services in
the 1.7 GHz and 2.1 GHz Bands, Report
and Order, WT Docket No. 02–353, 69
FR 5711–01 (Feb. 6, 2004)). Specifically,
this Order decides the following issues.
2. The AWS band plan for the 1710–
1755 and 2110–2155 MHz bands is
modified as follows. Twenty megahertz
of spectrum at 1710–1720, paired with
2110–2120 will be licensed on a Rural
Service Area/Metropolitan Statistical
Area (RSA/MSA) basis. Thirty
megahertz of spectrum in this band will
be licensed on an Economic Area (EA)
basis: 20 megahertz at 1720–1730 paired
with 2120–2130, and 10 megahertz at
1730–1735 paired with 2130–2135.
Forty megahertz of spectrum will be
licensed on a Regional Economic Area
Grouping (REAG) basis and these blocks
E:\FR\FM\05OCR1.SGM
05OCR1
]]>Agencies
[Federal Register Volume 70, Number 192 (Wednesday, October 5, 2005)]
[Rules and Regulations]
[Pages 58059-58061]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-19949]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD01-05-020]
RIN 1625-AA09
Drawbridge Operation Regulations: Dorchester Bay, MA
AGENCY: Coast Guard, DHS.
[[Page 58060]]
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is temporarily changing the drawbridge
operating regulations governing the operation of the William T.
Morrisey Boulevard Bridge, at mile 0.0, across Dorchester Bay at
Boston, Massachusetts. This change to the drawbridge operation
regulations allows the bridge to remain in the closed position from
November 1, 2005 through May 10, 2006. This action is necessary to
facilitate scheduled bridge maintenance.
DATES: This rule is effective from November 1, 2005 through May 10,
2006.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket (CGD01-05-020) and are available for inspection or
copying at the First Coast Guard District, Bridge Branch Office, 408
Atlantic Avenue, Boston, Massachusetts, 02110, between 7 a.m. and 3
p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr. John W. McDonald, Project Officer,
First Coast Guard District, (617) 223-8364.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On April 20, 2005, we published a notice of proposed rulemaking
(NPRM) entitled Drawbridge Operation Regulations, Dorchester Bay,
Massachusetts, in the Federal Register (70 FR 20489). We received no
comments in response to the notice of proposed rulemaking. No public
hearing was requested and none was held.
Background and Purpose
The William T. Morrisey Boulevard Bridge, at mile 0.0 across
Dorchester Bay, has a vertical clearance of 12 feet at mean high water
and 22 feet at mean low water. The existing regulations at 33 CFR
117.597 require the draw to open on signal from April 16 through
October 14, except that the draw need not open for vessel traffic from
7:30 a.m. to 9 a.m. and from 4:30 p.m. to 6 p.m. except on Saturdays,
Sundays, or holidays observed in the locality. From October 15 through
April 15, the draw shall open on signal if at least twenty-four hours
notice is given.
The bridge owner, the Department of Conservation and Recreation
(DCR), asked the Coast Guard to temporarily change the drawbridge
operation regulations to allow the bridge to remain in the closed
position from November 1, 2005 through May 10, 2006, to facilitate
electrical rehabilitation construction at the bridge.
Discussion of Comments and Changes
The Coast Guard received no comments in response to the notice of
proposed rulemaking. As a result of the above, no changes were made to
this temporary final rule.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3), of that Order. The Office of Management and Budget has not
reviewed it under that Order. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS).
This conclusion is based on the fact that the only known users of
the waterway, the Dorchester Yacht Club, will not be affected by this
rule while it is in effect.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
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 less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b), that this rule
will not have a significant economic impact on a substantial number of
small entities.
This conclusion is based on the fact that the only known user of
the waterway, the Dorchester Yacht Club, will not be affected by this
rule while it is in effect.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub L. 104-121), we offered to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking process. No small
entities requested Coast Guard assistance and none was given.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247).
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by 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 will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not concern 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
[[Page 58061]]
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have 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. It has been determined that this final
rule does not significantly impact the environment.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
0
For the reasons set out in the preamble, the Coast Guard amends 33 CFR
part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
0
1. The authority citation for part 117 continues to read as follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05-1(g); Department of
Homeland Security Delegation No. 0170.1; section 117.255 also issued
under the authority of Pub. L. 102-587, 106 Stat. 5039.
Sec. 117.597 [Suspended]
0
2. From November 1, 2005 through May 10,2006, Sec. 117.597 is
suspended.
0
3. From November 1, 2005 through May 10, 2006, Sec. 117.T602 is
temporarily added to read as follows:
Sec. 117.T602 Dorchester Bay.
The draw of the William T. Morrisey Boulevard Bridge, mile 0.0, at
Boston, need not open for the passage of vessel traffic from November
1, 2005 through May 10,2006.
Dated: September 25, 2005.
David P. Pekoske,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 05-19949 Filed 10-4-05; 8:45 am]
BILLING CODE 4910-15-P
