Drawbridge Operation Regulations: Passaic River, NJ, 58308-58310 [05-19950]
Download as PDF
<![CDATA[
58308
Federal Register / Vol. 70, No. 193 / Thursday, October 6, 2005 / Rules and Regulations
Direct final rule; request for
comments; correction.
ACTION:
DEPARTMENT OF TRANSPORTATION
DEPARTMENT OF HOMELAND
SECURITY
Federal Aviation Administration
This action corrects an error
in the legal description of Class D
airspace in a direct final rule, request for
comments that was published in the
Federal Register on Tuesday, July 12,
2005 (70 FR 39914).
Coast Guard
SUMMARY:
14 CFR Part 71
33 CFR Part 117
[Docket No. FAA–2005–21874; Airspace
Docket No. 05–ACE–28]
[CGD01–05–029]
DATES:
Modification of Class E Airspace;
Dodge City Regional Airport, KS
Drawbridge Operation Regulations:
Passaic River, NJ
FOR FURTHER INFORMATION CONTACT:
AGENCY:
This direct final rule is effective
on 0901 UTC, October 27, 2005.
Brenda Mumper, Air Traffic Division,
Airspace Branch, ACE–520A, DOT
Regional Headquarters Building, Federal
Aviation Administration, 901 Locust,
Kansas City, MO 64106; telephone:
(816) 329–2524.
SUPPLEMENTARY INFORMATION:
History
Federal Register Document 2005–
21703 published on Tuesday, July 12,
2005 (70 FR 39914), modified Class D
and Class E Airspace at Topeka, Forbes
Field, KS. The phrase ‘‘This Class D
airspace area 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.’’ was incorrectly
deleted from the legal description of
Class D airspace. This action corrects
that error.
Accordingly, pursuant to the authority
delegated to me, the error in the legal
description of Class D Airspace, Topeka,
Forbes Field, KS as published in the
Federal Register Tuesday July 12, 2005
(70 FR 39914), (FR Doc. 2005–21703), is
corrected as follows:
I
PART 71—[CORRECTED]
§ 71.1
[Corrected]
Federal Aviation
Administration (FAA), DOT.
AGENCY:
Direct final rule; request for
comments; Correction.
SUMMARY: The Coast Guard is
temporarily changing the drawbridge
operation regulations for 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 position for the passage of vessel
traffic from March 1, 2006 through
November 30, 2007. This temporary
rulemaking is necessary to facilitate
rehabilitation repairs at the bridge.
DATES: This rule is effective March 1,
2006 through November 30, 2007.
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 (CGD01–05–029) 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.
Joe Arca, Project Officer, First Coast
Guard District, (212) 668–7165.
SUPPLEMENTARY INFORMATION:
ACTION:
ACTION:
SUMMARY: This action corrects an error
in the legal description of a direct final
rule, request for comments that was
published in the Federal Register on
Friday, July 29, 2005 (70 FR 43744).
This direct final rule is effective
on 0901 UTC, October 27, 2005.
DATES:
FOR FURTHER INFORMATION CONTACT:
Brenda Mumper, Air Traffic Division,
Airspace Branch, ACE–520A, DOT
Regional Headquarters Building, Federal
Aviation Administration, 901 Locust,
Kansas City, MO 64106; telephone:
(816) 329–2524.
SUPPLEMENTARY INFORMATION:
History
Federal Register Document 2005–
21874 published on Friday, July 29,
2005 (70 FR 43744), modified Class E
Airspace at Dodge City, KS. The latitude
and longitude used in the airport
reference point was incorrect. This
action corrects that error.
Accordingly, pursuant to the authority
delegated to me, the errors for Class E
Airspace, Dodge City, KS as published
in the Federal Register Friday, July 29,
2005 (70 FR 43744), (FR Doc. 2005–
21874), are corrected as follows:
I
On page 39915, Column 2, at the end
of the legal description of ACE KS D
Topeka, Forbes Field, KS, add the
phrase ‘‘This Class D airspace area 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.’’
On page 43745, Column 2, change the
latitude and longitude of Dodge City
Regional Airport, KS to (Lat. 37°45′48″
N., long. 99°57′56″ W.) for ACE KS E2
and ACE KS E5.
Issued in Kansas City, MO, on August 18,
2005.
Elizabeth S. Wallis,
Acting Area Director, Western Flight Services
Operations.
[FR Doc. 05–20046 Filed 10–5–05; 8:45am]
Issued in Kansas City, MO, on August 18,
2005.
Elizabeth S. Wallis,
Acting Area Director, Western Flight Services
Operations.
[FR Doc. 05–20047 Filed 10–5–05; 8:45 am]
BILLING CODE 4910–13–M
BILLING CODE 4910–13–M
VerDate Aug<31>2005
15:31 Oct 05, 2005
Jkt 208001
RIN 1625–AA09
PART 71—[CORRECTED]
§ 71.1
PO 00000
[Corrected]
Frm 00018
Fmt 4700
Sfmt 4700
Coast Guard, DHS.
Temporary final rule.
Regulatory Information
On June 2, 2005, we published a
notice of proposed rulemaking (NPRM)
entitled; Drawbridge Operation
Regulations, Passaic River, New Jersey
(70 FR 32278). 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 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
E:\FR\FM\06OCR1.SGM
06OCR1
Federal Register / Vol. 70, No. 193 / Thursday, October 6, 2005 / Rules and Regulations
drawbridge operation regulations to
facilitate rehabilitation maintenance at
the bridge.
Under this temporary rule the bridge
will remain in the closed position for
the passage of vessel traffic 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 Comments and Changes
The Coast Guard received no
comments in response to the notice of
proposed rulemaking and no changes
have been made to this temporary final
rule as a result.
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 bridge has not received any
opening requests for the past ten years.
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 bridge has not received any
opening requests for the past ten years.
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
VerDate Aug<31>2005
15:31 Oct 05, 2005
Jkt 208001
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
PO 00000
Frm 00019
Fmt 4700
Sfmt 4700
58309
to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This final rule does not have tribal
implications under Executive Order
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 final 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
E:\FR\FM\06OCR1.SGM
06OCR1
58310
Federal Register / Vol. 70, No. 193 / Thursday, October 6, 2005 / Rules and Regulations
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
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.
2. From March 1, 2006 through
November 30, 2007, paragraph (h) in
§ 117.739 is temporarily suspended and
a new paragraph (u) is added to read as
follows:
I
§ 117.739
Passaic River.
*
*
*
*
*
(u) From March 1, 2006 through
November 30, 2007, the Route 280
Bridge, mile 5.8, may remain in the
closed position for the passage of vessel
traffic.
Dated: September 25, 2005.
David P. Pekoske,
Rear Admiral, U.S. Coast Guard, Commander,
First Coast Guard District.
[FR Doc. 05–19950 Filed 10–5–05; 8:45 am]
BILLING CODE 4910–15–P
LIBRARY OF CONGRESS
Copyright Office
37 CFR Parts 201 and 256
[Docket No. 2005–2 CARP CRA]
Adjustment of Cable Statutory License
Royalty Rates
Copyright Office, Library of
Congress.
ACTION: Final rule.
AGENCY:
SUMMARY: The Copyright Office of the
Library of Congress is publishing final
regulations governing the adjustment of
the royalty rates for the cable statutory
license.
DATES: These regulations are effective as
of July 1, 2005.
VerDate Aug<31>2005
15:31 Oct 05, 2005
Jkt 208001
FOR FURTHER INFORMATION CONTACT:
Tanya M. Sandros, Associate General
Counsel, or Gina Giuffreda, Attorney–
Advisor, Copyright Arbitration Royalty
Panel (CARP), P.O. Box 90779,
Southwest Station, Washington, D.C.
20024. Telephone: (202) 707–8380.
Telefax: (202) 252–3423.
SUPPLEMENTARY INFORMATION: Section
111 of the Copyright Act, 17 U.S.C.,
creates a statutory license for cable
systems that retransmit to their
subscribers over–the–air broadcast
signals. Royalty fees for this license are
calculated as percentages of a cable
system’s gross receipts received from
subscribers for receipt of broadcast
signals. A cable system’s individual
gross receipts determine the applicable
percentages. These percentages, and the
gross receipts limitations, are published
in 37 CFR part 256 and are subject to
adjustment at five–year intervals. 17
U.S.C. 801(b)(2)(A) & (D).1 This was a
window year for such an adjustment.
Such rate adjustment proceedings
may be commenced upon receipt of a
petition from a party with a significant
interest in the royalty rates. The Library
received two such petitions–one on
behalf of the Office of the Commissioner
of Baseball, the National Football
League, the National Basketball
Association, the Women’s National
Basketball Association, the National
Hockey League, and the National
Collegiate Athletic Association
(collectively, the ‘‘Joint Sports
Claimants’’) and the Motion Picture
Association of America, Inc., its member
companies and other producers and/or
distributors of syndicated television
programs (collectively, the ‘‘Program
Suppliers’’) and the other from National
Cable & Telecommunications
Association (hereinafter ‘‘NCTA’’). In
response to the Joint Sports Claimants/
Program Suppliers’ petition and before
receipt of the NCTA petition, the
Library published a Federal Register
notice seeking comment on the former
petition and directing interested parties
to file a Notice of Intent to Participate
in a Copyright Arbitration Royalty Panel
(‘‘CARP’’) rate adjustment proceeding.
70 FR 16306 (March 30, 2005). The
notice also designated a 30–day period
to enable the parties to negotiate a new
rate schedule. 37 CFR 251.63(a).
In accordance with the March 30
notice, the Office received one
agreement submitted jointly by
representatives of all of the parties who
1 Unless otherwise noted, all references are to
chapter 8 of title 17 of the United States Code as
in effect prior to May 31, 2005, the effective date
of the Copyright Royalty and Distribution Reform
Act of 2004.
PO 00000
Frm 00020
Fmt 4700
Sfmt 4700
filed notices of intent to participate in
this proceeding. The agreement
proposed amending the basic royalty
rates and the gross receipts limitations,
the regulations governing the filing of
the statements of account to reflect these
changes, and proposed that the changes
become effective beginning with the
second semiannual accounting period of
2005. The agreement also noted that the
syndex rates were not being adjusted for
the new license period. In addition, the
parties stated that they were unable to
agree on whether or how to adjust the
3.75% rate set forth in § 256.2(c) but
would continue their discussions and
notify the Office, on or before August
10, 2005, as to whether they would seek
such an adjustment.
Pursuant to § 251.63(b) of the CARP
rules, the Library published in the
Federal Register the proposed
adjustments to the percentages of gross
receipts paid by cable systems and the
gross receipts limitations. 70 FR 41650
(July 20, 2005). Section 251.63(b)
provides that the Library ‘‘may adopt
the rate embodied in the proposed
settlement without convening an
arbitration panel, provided that no
opposing comment is received by the
Librarian [of Congress] from a party
with an intent to participate in a CARP
proceeding.’’ 37 CFR 251.63(b). No
comments or Notices of Intent to
Participate were received, enabling
publication of today’s final regulations
adopting the proposed agreement.
These regulations are effective as of
July 1, 2005, which means that the new
cable rates and the gross receipts
limitations are applicable to the second
accounting period of 2005 and
thereafter. Payment of royalties
calculated on the basis of the new rates
shall be due no later than March 1,
2006, for the accounting period
beginning on July 1, 2005, and ending
on December 31, 2005.
The parties to this proceeding have
also notified the Copyright Office that
they will not seek an adjustment of the
3.75% rate set forth in § 256.2(c). NCTA
filed its notice with the Copyright Office
on August 2, 2005, and a joint notice of
intent not to seek adjustment of the
3.75% rate was filed on August 10,
2005, on behalf of the remaining parties.
As no further adjustments of the cable
rates are to be considered, the Library is
terminating this proceeding, effective as
of October 6, 2005. In future years,
proceedings to adjust the section 111
cable royalty rates shall be considered
by the Copyright Royalty Judges under
a new program established by Congress
with the passage of the Copyright
Royalty and Distribution Reform Act of
E:\FR\FM\06OCR1.SGM
06OCR1
]]>Agencies
[Federal Register Volume 70, Number 193 (Thursday, October 6, 2005)]
[Rules and Regulations]
[Pages 58308-58310]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-19950]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD01-05-029]
RIN 1625-AA09
Drawbridge Operation Regulations: Passaic River, NJ
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is temporarily changing the drawbridge
operation regulations for 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 position
for the passage of vessel traffic from March 1, 2006 through November
30, 2007. This temporary rulemaking is necessary to facilitate
rehabilitation repairs at the bridge.
DATES: This rule is effective March 1, 2006 through November 30, 2007.
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 (CGD01-05-029) 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. Joe Arca, Project Officer, First
Coast Guard District, (212) 668-7165.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On June 2, 2005, we published a notice of proposed rulemaking
(NPRM) entitled; Drawbridge Operation Regulations, Passaic River, New
Jersey (70 FR 32278). 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 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
[[Page 58309]]
drawbridge operation regulations to facilitate rehabilitation
maintenance at the bridge.
Under this temporary rule the bridge will remain in the closed
position for the passage of vessel traffic 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 Comments and Changes
The Coast Guard received no comments in response to the notice of
proposed rulemaking and no changes have been made to this temporary
final rule as a result.
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 bridge has not
received any opening requests for the past ten years.
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 bridge has not
received any opening requests for the past ten years.
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 final rule does not have tribal implications under Executive
Order 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 final 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 58310]]
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.
0
2. From March 1, 2006 through November 30, 2007, paragraph (h) in Sec.
117.739 is temporarily suspended and a new paragraph (u) is added to
read as follows:
Sec. 117.739 Passaic River.
* * * * *
(u) From March 1, 2006 through November 30, 2007, the Route 280
Bridge, mile 5.8, may remain in the closed position for the passage of
vessel traffic.
Dated: September 25, 2005.
David P. Pekoske,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 05-19950 Filed 10-5-05; 8:45 am]
BILLING CODE 4910-15-P
