Drawbridge Operation Regulations; Upper Mississippi River, Ft. Madison, Burlington, and Dubuque, IA, and Rock Island Arsenal, IL, 67368-67370 [05-22101]
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67368
Federal Register / Vol. 70, No. 214 / Monday, November 7, 2005 / Rules and Regulations
rule change is not a significant
regulatory action.
H. Executive Order 13045 (Protection of
Children From Environmental Health
Risk and Safety Risks)
The Department of the Army has
determined that according to the criteria
defined in Executive Order 13045 that
Executive Order does not apply.
I. Executive Order 13132 (Federalism)
The Department of the Army has
determined that according to the criteria
defined in Executive Order 13132 that
Executive Order does not apply because
the rule change will not have a
substantial effect on the States, on the
relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.
the ABCMR staff will return the
application to the applicant without
action.
(ii) If the ABCMR receives a request
for reconsideration more than 1 year
after the ABCMR’s original decision or
after the ABCMR has already considered
one request for reconsideration, then the
case will be returned without action and
the applicant will be advised the next
remedy is appeal to a court of
appropriate jurisdiction.
*
*
*
*
*
[FR Doc. 05–22094 Filed 11–4–05; 8:45 am]
BILLING CODE 3710–08–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
Carl W.S. Chun,
Director, Army Board for Correction of
Military Records.
[USCG–2005–22853]
List of Subjects in 32 CFR Part 581
Drawbridge Operation Regulations;
Upper Mississippi River, Ft. Madison,
Burlington, and Dubuque, IA, and Rock
Island Arsenal, IL
RIN 1625–AA09
Administrative practice and
procedure, Archives and Records,
Military Personnel.
I For reasons stated in the preamble the
Department of the Army amends part
581 to read as follows:
PART 581—PERSONNEL REVIEW
BOARD
1. The authority citation for part 581
continues to read as follows:
I
Authority: 10 U.S.C. 1552, 1553, 1554,
3013, 3014, 3016; 38 U.S.C. 3103(a).
2. Amend § 581.3 by revising
paragraphs (g)(4)(i) and (ii) to read as
follows:
I
§ 581.3 Army Board for Correction of
Military Records.
*
*
*
*
*
(g) * * *
(4) * * *
(i) If the ABCMR receives the request
for reconsideration within 1 year of the
ABCMR’s original decision and if the
ABCMR has not previously
reconsidered the matter, the ABCMR
staff will review the request to
determine if it contains evidence
(including, but not limited to, any facts
or arguments as to why relief should be
granted) that was not in the record at the
time of the ABCMR’s prior
consideration. If new evidence has been
submitted, the request will be submitted
to the ABCMR for its determination of
whether the new evidence is sufficient
to demonstrate material error or
injustice. If no new evidence is found,
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Coast Guard, DHS.
Temporary Final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
temporarily revising the operating
regulations for the Ft. Madison
Drawbridge, mile 383.9, the Burlington
RR Drawbridge, mile 403.1, the Illinois
Central Railroad Drawbridge, mile
579.9, and the Rock Island Arsenal
Drawbridge, mile 482.9, all located
along the Upper Mississippi River. The
temporary revision established the
winter operating schedules for these
four drawbridges while still providing
for the reasonable needs of navigation.
DATES: This rule is effective from
December 15, 2005 through March 15,
2006.
Documents indicated in this
preamble as being available in the
docket are part of docket [USCG–2005–
22853] and are available for inspection
or copying at the Docket Management
Facility, U.S. Department of
Transportation, room PL–401, 400
Seventh Street, SW., Washington, DC,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
You may also find this docket on the
Internet at https://dms.dot.gov.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call Mr.
Roger K. Wiebusch, Bridge
Administrator, (314) 539–3900,
extension 2378. If you have questions
ADDRESSES:
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Fmt 4700
Sfmt 4700
on viewing the docket, call Andrea M.
Jenkins, Program Manager, Docket
Operations, telephone 202–366–0271.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of
proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the
Coast Guard finds that good cause exists
for not publishing an NPRM. Publishing
an NPRM, which would incorporate a
comment period before a final rule
could be issued, is unnecessary. The
closure of lock 19 (mile 364) by the
Army Corps of Engineers will reduce
the level of navigation on the waterway,
making the opening of these
drawbridges largely unnecessary.
Background and Purpose
The Rock Island Drawbridge is owned
by the U.S. Government (U.S. Army,
Rock Island Arsenal); the Ft. Madison
and Burlington Railroad Drawbridges
are owned by Burlington Northern Santa
Fe Railway; the Illinois Central Railroad
Drawbridge is owned by the Chicago,
Central and Pacific Railroad. Each
bridge owner wrote to the Coast Guard
and requested the proposed revisions in
order to conduct necessary maintenance
work. These are typical requests that
occur each winter. During the winter
months, the Army Corps of Engineers
will usually close one or more locks for
repair and when the locks are closed,
navigation ceases. The lock closures go
from mid-Dec until early to mid-March.
This lock closure presents bridge
owners with an opportunity for
conducting bridge repairs that would
render the bridges inoperable. The Coast
Guard generally requires the bridges to
return to operation by the date when the
Corps’ locks reopen.
Discussion of Rule
This rule temporarily amends section
117.671, allowing the Ft. Madison
Drawbridge, mile 383.9, the Burlington
RR Drawbridge, mile 403.1, and the
Illinois Central Railroad Drawbridge,
mile 579.9, to change from an open on
demand schedule to one requiring at
least 2 hours advance notice. It also
allows the Rock Island Arsenal
Drawbridge, mile 482.9, to remain in the
closed-to-navigation position. It also
adds temporary cross-references to
section 117.671 under the listings for
drawbridge regulations for Iowa and
Illinois.
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
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Federal Register / Vol. 70, No. 214 / Monday, November 7, 2005 / Rules and Regulations
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 rule will not have a significant
effect due to the fact that these
drawbridge closures are coordinated
with the closure of lock 19 (mile 364)
by the Army Corps of Engineers.
Historically, the Coast Guard authorizes
drawbridges to close during the winter
season due to the reduced traffic caused
by ice and lock closures. The closure of
lock 19 prevents most towboat activity;
the activity that remains can be
accommodated with the advance notice
provisions included in the temporary
rule.
Coast Guard District, Bridge Branch, at
(314) 539–3900, extension 2378. The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
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
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 will not have
a significant economic impact on a
substantial number of small entities.
It is unlikely that this rule will affect
small entities due to the fact that these
drawbridge closures are coordinated
with the closure of lock 19 (mile 364)
by the Army Corps of Engineers.
Historically, the Coast Guard authorizes
drawbridges to close during the winter
season due to the reduced traffic caused
by ice and lock closures. The closure of
lock 19 prevents most towboat activity;
the activity that remains can be
accommodated with the advance notice
provisions included in the temporary
rule.
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule so that
they can better evaluate its effects on
them and participate in the rulemaking.
If the rule would affect your small
business, organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact Mr. Roger K.
Wiebusch, Bridge Administrator, Eighth
Taking of Private Property
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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.
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.
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67369
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 create an environmental risk to
health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it 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.lD,
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Federal Register / Vol. 70, No. 214 / Monday, November 7, 2005 / Rules and Regulations
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.
List of Subjects in 33 CFR Part 117
Bridges.
I 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:
I
Authority: 33 U.S.C. 499; Department of
Homeland Security Delegation No. 0170.1; 33
CFR 1.05–1(g); section 117.255 also issued
under the authority of Pub. L. 102–587, 106
Stat. 5039.
2. From December 15, 2005 until
March 15, 2006, add temporary
§ 117.T398 to read as follows:
I
117.T398
Upper Mississippi River.
See § 117.671, Upper Mississippi
River, listed under Minnesota.
I 3. From December 15, 2005 until
March 15, 2006, add temporary
§ 117.T408 to read as follows:
117.T408
Upper Mississippi River.
See § 117.671, Upper Mississippi
River, listed under Minnesota.
I 4. From December 15, 2005 until
March 15, 2006, amend § 117.671 by
adding paragraphs (c) and (d) to read as
follows:
117.671
Upper Mississippi River.
*
*
*
*
*
(c) From December 15, 2005 until
March 15, 2006, the draws of the Ft.
Madison Drawbridge, mile 383.9, the
Burlington Railroad Drawbridge, mile
403.1, and the Illinois Central Railroad
Drawbridge, mile 579.9, need not open
unless at least 24 hours advance notice
is given.
(d) From December 15, 2005 until
March 15, 2006, the draw of the Rock
Island Arsenal Drawbridge, mile 482.9,
need not open for the passage of vessels.
Dated: November 1, 2005.
Steve Venckus,
Chief, Office of Regulations & Administrative
Law, Office of the Judge Advocate General,
United States Coast Guard.
[FR Doc. 05–22101 Filed 11–4–05; 8:45 am]
BILLING CODE 4910–15–P
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DEPARTMENT OF DEFENSE
Department of the Army, Corps of
Engineers
33 CFR Part 334
Restricted Areas at Multiple Military
Sites Within the State of Florida
AGENCY:
U.S. Army Corps of Engineers,
DoD.
ACTION:
Final rule.
SUMMARY: The U.S. Army Corps of
Engineers (Corps) is amending seven
existing regulations to incorporate
changes to the types of restriction, the
area affected by the restriction, and/or
the administration of six restricted areas
and one danger zone. Additionally, the
Corps is establishing two new restricted
areas. The restricted areas and danger
zone are located within the State of
Florida. The amended regulations will
enable the affected units of the U.S.
Military to enhance safety and security
around active military establishments.
These regulations are necessary to
safeguard military vessels and United
States government facilities from
sabotage and other subversive acts,
accidents, or incidents of similar nature.
These regulations are also necessary to
protect the public from potentially
hazardous conditions that may exist as
a result of military use of the area.
EFFECTIVE DATE: December 7, 2005.
ADDRESSES: U.S. Army Corps of
Engineers, ATTN: CECW–CO, 441 G
Street, NW., Washington, DC 20314–
1000.
FOR FURTHER INFORMATION CONTACT: Mr.
David Olson, U.S. Army Corps of
Engineers, Headquarters, Washington,
DC at 202–761–4922, or Mr. Jon M.
Griffin, U.S. Army Corps of Engineers,
Jacksonville District, Regulatory
Division, at 904–232–1680.
SUPPLEMENTARY INFORMATION: Pursuant
to its authorities in Section 7 of the
Rivers and Harbors Act of 1917 (40 Stat
266; 33 U.S.C. 1) and Chapter XIX of the
Army Appropriations Act of 1919 (40
Stat 892; 33 U.S.C. 3) the Corps is
amending the regulations in 33 CFR part
334 by modifying the area or restrictions
at sections 334.560, 334.580, 334.610,
334.760, 334.775, 334.778, and 334.780.
Additionally, the Corps is establishing
two new restricted areas at § 334.635
and § 334.515. The modification to each
existing restricted area and danger zone
is described in the body of this notice
along with a description of the two
newly established restricted areas. The
proposed rule was published in the
March 25, 2005, issue of the Federal
Register (70 FR 15247).
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These amendments to the regulations
will allow the Commanding Office at
each of the affected military units to
restrict passage of persons, watercraft,
and vessels at his or her discretion in
the interest of National Security until
such time he or she determines such
restrictions may be terminated.
In response to the proposed rule, two
commenters raised concerns about the
amendment of § 334.540, specifically
the potential loss of public access to
areas presently open to public
recreational fishing. These issues are
still being considered and the proposed
changes to § 334.540 are not included in
this final rule. Therefore, the restricted
area at § 334.550 will not be
disestablished, because we proposed to
remove that section only if the proposed
changes to § 334.540 were adopted.
Procedural Requirements
a. Review Under Executive Order
12866. These rules are issued with
respect to a military function of the
United States and the provisions of
Executive Order 12866 do not apply.
b. Review Under the Regulatory
Flexibility Act. These rules have been
reviewed under the Regulatory
Flexibility Act (Public Law 96–354; 5
U.S.C. 601) which requires the
preparation of a regulatory flexibility
analysis for any regulation that will
have a significant economic impact on
a substantial number of small entities
(i.e., small businesses and small
Governments). We have concluded that
the proposed modifications to the
existing restricted areas and danger zone
and the establishment of two new
restricted areas would have practically
no economic impact on the public, and
would create no anticipated
navigational hazard or interference with
existing waterway traffic. Accordingly,
we certify that these rules will not have
a significant economic impact on a
substantial number of small entities.
c. Review Under the National
Environmental Policy Act. We have
concluded, based on the minor nature of
the changes, that these amendments to
the danger zone and restricted areas will
not be a major Federal action having a
significant impact on the quality of the
human environment, and preparation of
an environmental impact statement is
not required.
d. Unfunded Mandates Act. These
rules do not impose an enforceable duty
among the private sector and, therefore,
is not a Federal private sector mandate
and is not subject to the requirements of
Section 202 or 205 of the Unfunded
Mandates Reform Act (Pub. L. 104–4,
109 Stat. 48, 2 U.S.C. 1501 et seq.). We
have also found under Section 203 of
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]]>Agencies
[Federal Register Volume 70, Number 214 (Monday, November 7, 2005)]
[Rules and Regulations]
[Pages 67368-67370]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-22101]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[USCG-2005-22853]
RIN 1625-AA09
Drawbridge Operation Regulations; Upper Mississippi River, Ft.
Madison, Burlington, and Dubuque, IA, and Rock Island Arsenal, IL
AGENCY: Coast Guard, DHS.
ACTION: Temporary Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is temporarily revising the operating
regulations for the Ft. Madison Drawbridge, mile 383.9, the Burlington
RR Drawbridge, mile 403.1, the Illinois Central Railroad Drawbridge,
mile 579.9, and the Rock Island Arsenal Drawbridge, mile 482.9, all
located along the Upper Mississippi River. The temporary revision
established the winter operating schedules for these four drawbridges
while still providing for the reasonable needs of navigation.
DATES: This rule is effective from December 15, 2005 through March 15,
2006.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket [USCG-2005-22853] and are available for
inspection or copying at the Docket Management Facility, U.S.
Department of Transportation, room PL-401, 400 Seventh Street, SW.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. You may also find this docket on the Internet
at https://dms.dot.gov.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call Mr. Roger K. Wiebusch, Bridge Administrator, (314) 539-3900,
extension 2378. If you have questions on viewing the docket, call
Andrea M. Jenkins, Program Manager, Docket Operations, telephone 202-
366-0271.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM. Publishing an NPRM, which
would incorporate a comment period before a final rule could be issued,
is unnecessary. The closure of lock 19 (mile 364) by the Army Corps of
Engineers will reduce the level of navigation on the waterway, making
the opening of these drawbridges largely unnecessary.
Background and Purpose
The Rock Island Drawbridge is owned by the U.S. Government (U.S.
Army, Rock Island Arsenal); the Ft. Madison and Burlington Railroad
Drawbridges are owned by Burlington Northern Santa Fe Railway; the
Illinois Central Railroad Drawbridge is owned by the Chicago, Central
and Pacific Railroad. Each bridge owner wrote to the Coast Guard and
requested the proposed revisions in order to conduct necessary
maintenance work. These are typical requests that occur each winter.
During the winter months, the Army Corps of Engineers will usually
close one or more locks for repair and when the locks are closed,
navigation ceases. The lock closures go from mid-Dec until early to
mid-March. This lock closure presents bridge owners with an opportunity
for conducting bridge repairs that would render the bridges inoperable.
The Coast Guard generally requires the bridges to return to operation
by the date when the Corps' locks reopen.
Discussion of Rule
This rule temporarily amends section 117.671, allowing the Ft.
Madison Drawbridge, mile 383.9, the Burlington RR Drawbridge, mile
403.1, and the Illinois Central Railroad Drawbridge, mile 579.9, to
change from an open on demand schedule to one requiring at least 2
hours advance notice. It also allows the Rock Island Arsenal
Drawbridge, mile 482.9, to remain in the closed-to-navigation position.
It also adds temporary cross-references to section 117.671 under the
listings for drawbridge regulations for Iowa and Illinois.
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
[[Page 67369]]
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 rule will not have a significant effect due to the fact that
these drawbridge closures are coordinated with the closure of lock 19
(mile 364) by the Army Corps of Engineers. Historically, the Coast
Guard authorizes drawbridges to close during the winter season due to
the reduced traffic caused by ice and lock closures. The closure of
lock 19 prevents most towboat activity; the activity that remains can
be accommodated with the advance notice provisions included in the
temporary rule.
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 will
not have a significant economic impact on a substantial number of small
entities.
It is unlikely that this rule will affect small entities due to the
fact that these drawbridge closures are coordinated with the closure of
lock 19 (mile 364) by the Army Corps of Engineers. Historically, the
Coast Guard authorizes drawbridges to close during the winter season
due to the reduced traffic caused by ice and lock closures. The closure
of lock 19 prevents most towboat activity; the activity that remains
can be accommodated with the advance notice provisions included in the
temporary rule.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact Mr. Roger K. Wiebusch, Bridge
Administrator, Eighth Coast Guard District, Bridge Branch, at (314)
539-3900, extension 2378. The Coast Guard will not retaliate against
small entities that question or complain about this rule or any policy
or action of the Coast Guard.
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 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 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 create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it 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.lD,
[[Page 67370]]
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.
List of Subjects in 33 CFR Part 117
Bridges.
0
For the reasons discussed 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; 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. From December 15, 2005 until March 15, 2006, add temporary Sec.
117.T398 to read as follows:
117.T398 Upper Mississippi River.
See Sec. 117.671, Upper Mississippi River, listed under Minnesota.
0
3. From December 15, 2005 until March 15, 2006, add temporary Sec.
117.T408 to read as follows:
117.T408 Upper Mississippi River.
See Sec. 117.671, Upper Mississippi River, listed under Minnesota.
0
4. From December 15, 2005 until March 15, 2006, amend Sec. 117.671 by
adding paragraphs (c) and (d) to read as follows:
117.671 Upper Mississippi River.
* * * * *
(c) From December 15, 2005 until March 15, 2006, the draws of the
Ft. Madison Drawbridge, mile 383.9, the Burlington Railroad Drawbridge,
mile 403.1, and the Illinois Central Railroad Drawbridge, mile 579.9,
need not open unless at least 24 hours advance notice is given.
(d) From December 15, 2005 until March 15, 2006, the draw of the
Rock Island Arsenal Drawbridge, mile 482.9, need not open for the
passage of vessels.
Dated: November 1, 2005.
Steve Venckus,
Chief, Office of Regulations & Administrative Law, Office of the Judge
Advocate General, United States Coast Guard.
[FR Doc. 05-22101 Filed 11-4-05; 8:45 am]
BILLING CODE 4910-15-P
