Drawbridge Operation Regulations; New Jersey Intracoastal Waterway, Manasquan River, NJ, 75765-75767 [E5-7632]
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Federal Register / Vol. 70, No. 244 / Wednesday, December 21, 2005 / Proposed Rules
taxes when public utility property
becomes deregulated public utility
property.
(4) Effective dates—(i) In general. This
paragraph (k) applies to public utility
property that becomes deregulated
public utility property after [DATE OF
PUBLICATION OF FINAL RULE IN
THE Federal Register].
(ii) Application of regulation project
REG–104385–01 to pre-effective date
reductions in cost of service. A
reduction in the taxpayer’s cost of
service will be treated as ratable if it is
consistent with the proposed rules in
regulation project REG–104385–01
(2003–1 C.B. 634) and occurs during the
period March 5, 2003, through the
earlier of the last date on which the
utility’s rates are determined under the
rate order in effect on [DATE OF
PUBLICATION OF FINAL RULE IN
THE Federal Register], or [DATE 2
YEARS AFTER PUBLICATION OF
FINAL RULE IN THE Federal Register].
Par. 3. Section 1.168(i)–3 is added to
read as follows:
rmajette on PROD1PC67 with PROPOSALS
§ 1.168(i)–(3) Treatment of excess deferred
income tax reserve upon disposition of
deregulated public utility property.
(a) Scope. This section provides rules
for the application of section 203(e) of
the Tax Reform Act of 1986, Public Law
99–514 (100 Stat. 2146) with respect to
public utility property (within the
meaning of section 168(i)(10)) that
ceases, whether by disposition,
deregulation, or otherwise, to be public
utility property (deregulated public
utility property).
(b) Amount of reduction. If public
utility property of a taxpayer becomes
deregulated public utility property to
which this section applies, the
reduction in the taxpayer(s excess tax
reserve permitted under section 203(e)
of the Tax Reform Act of 1986 is equal
to the amount by which the reserve
could be reduced under that provision
if all such property had remained public
utility property of the taxpayer and the
taxpayer had continued use of its
normalization method of accounting
with respect to such property.
(c) Cross reference. See § 1.46–6(k) for
rules relating to the treatment of
accumulated deferred investment tax
credits when utilities dispose of
regulated public utility property.
(d) Effective dates—(1) In general.
This section applies to public utility
property that becomes deregulated
public utility property after [DATE OF
PUBLICATION OF FINAL RULE IN
THE Federal Register].
(2) Application of regulation project
REG–104385–01 to pre-effective date
reductions of excess deferred income
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14:51 Dec 20, 2005
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tax reserve. A reduction in the
taxpayer’s excess deferred income tax
reserve will be treated as ratable if it is
consistent with the proposed rules in
regulation project REG–104385–01
(2003–1 C.B. 634) and occurs during the
period March 5, 2003, through the
earlier of the last date on which the
utility’s rates are determined under the
rate order in effect on [DATE OF
PUBLICATION OF FINAL RULE IN
THE Federal Register], or [DATE 2
YEARS AFTER PUBLICATION OF
FINAL RULE IN THE Federal Register].
Mark E. Matthews,
Deputy Commissioner for Services and
Enforcement.
[FR Doc. E5–7583 Filed 12–20–05; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[CGD05–05–131]
RIN 1625–AA09
Drawbridge Operation Regulations;
New Jersey Intracoastal Waterway,
Manasquan River, NJ
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
SUMMARY: The Coast Guard proposes to
change the regulations that govern the
operation of the Route 35 Bridge, at New
Jersey Intracoastal Waterway (NJICW)
mile 1.1, across the Manasquan River, at
Brielle, New Jersey. The proposal will
allow the drawbridge to provide vessel
openings upon four hours advance
notice from December 1 to March 31.
This proposal will reduce draw tender
services during the non-peak boating
season while still providing for the
reasonable needs of navigation.
DATES: Comments and related material
must reach the Coast Guard on or before
February 6, 2006.
ADDRESSES: You may mail comments
and related material to Commander
(obr), Fifth Coast Guard District, Federal
Building, 1st Floor, 431 Crawford Street,
Portsmouth, VA 23704–5004. The Fifth
Coast Guard District maintains the
public docket for this rulemaking.
Comments and material received from
the public, as well as documents
indicated in this preamble as being
available in the docket, will become part
of this docket and will be available for
inspection or copying at Commander
(obr), Fifth Coast Guard District between
PO 00000
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75765
8 a.m. and 4 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Bill.
H. Brazier, Bridge Management
Specialist, Fifth Coast Guard District, at
(757) 398–6422.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in
this rulemaking by submitting
comments and related material. If you
do so, please include your name and
address, identify the docket number for
this rulemaking (CGD05–05–131),
indicate the specific section of this
document to which each comment
applies, and give the reason for each
comment. Please submit all comments
and related material in an unbound
format, no larger than 8’’ by 11 inches,
suitable for copying. If you would like
a return receipt, please enclose a
stamped, self-addressed postcard or
envelope. We will consider all
submittals received during the comment
period. We may change this proposed
rule in view of them.
Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for a meeting by writing to Commander
(obr), Fifth Coast Guard District at the
address under ADDRESSES explaining
why one would be beneficial. If we
determine that one would aid this
rulemaking, we will hold one at a time
and place announced by a later notice
in the Federal Register.
Background and Purpose
The New Jersey Department of
Transportation (NJDOT) owns and
operates the Route 35 Bridge, at NJICW
mile 1.1., across the Manasquan River,
at Brielle, New Jersey. The current
operating regulations set out in 33 CFR
117.733(b) requires the drawbridge to
open on signal except as follows: from
May 15 through September 30, on
Saturdays, Sundays and Federal
holidays, from 8 a.m. to 10 p.m. the
draw need only open 15 minutes before
the hour and 15 minutes after the hour;
on Mondays to Thursdays from 4 p.m.
to 7 p.m., and on Fridays, except
Federal holidays from 12 p.m. to 7 p.m.
the draw need only open 15 minutes
before the hour and 15 minutes after
hour; and year-round from 11 p.m. to 8
a.m., the draw need only open if at least
four hours notice is given.
The Route 35 Bridge, a bascule-type
drawbridge, has a vertical clearance in
the closed position to vessels of 30 feet,
at mean high water.
The NJDOT has requested a change to
the existing regulations for the Route 35
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75766
Federal Register / Vol. 70, No. 244 / Wednesday, December 21, 2005 / Proposed Rules
Bridge. This proposal would reduce
draw tender services during the nonpeak boating season by requiring
openings of the bridge if at least four
hours advance notice is given from
December 1 to March 31.
We reviewed the yearly drawbridge
logs provided by NJDOT for the years
2000 to 2004, which revealed that the
bridge opened for vessels 970, 835, 811,
716 and 685 times, respectively. NJDOT
contends that the vessel traffic through
the bridge is minimal during the winter
months. During the period from
December 1 to March 31, from 7 a.m. to
11 p.m., the bridge data for the years
2000 to 2004 shows that the bridge
opened 51, 61, 49, 48 and 47 times,
respectively. The data shows a
significant decrease in the number of
bridge openings during the non-peak
boating season.
Based on the data provided, the
proposal will have minimal impact on
vessel traffic.
Discussion of Proposed Rule
The Coast Guard proposes to amend
the regulations governing the Route 35
Bridge over the Manasquan River, at
NJICW mile 1.1, at Brielle, New Jersey,
set out in 33 CFR 117.733(b) by revising
paragraph(b)(2).
As amended, paragraph (b)(2) would
read ‘‘Year-round from 11 p.m. to 8
a.m., and at all times from December 1
to March 31, the draw need only open
if at least four hours notice is given.’’
rmajette on PROD1PC67 with PROPOSALS
Regulatory Evaluation
This proposed rule is not a
‘‘significant regulatory action’’ under
section 3(f) of Executive Order 12866,
Regulatory Planning, and Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of that Order. The Office
of Management and Budget has not
reviewed it under that Order. It is not
‘‘significant’’ under the regulatory
policies and procedures of the
Department of Homeland Security
(DHS).
We expect the economic impact of
this proposed rule to be so minimal that
a full Regulatory Evaluation under the
regulatory policies and procedures of
DHS is unnecessary. We reached this
conclusion based on the historical data,
and due to the reduced number of
vessels requiring transit through the
bridge during the proposed period.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this proposed rule would have
a significant economic impact on a
substantial number of small entities.
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The term ‘‘small entities’’ comprises
small businesses, not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.
The Coast Guard certifies under 5
U.S.C. 605(b) that this proposed rule
would not have a significant economic
impact on a substantial number of small
entities. The non-peak boating season
operating rules proposed for the bridge
are designed to minimize the number of
small entities affected.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule so that
they 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 Waverly W.
Gregory, Jr., Bridge Administrator, Fifth
Coast Guard District, (757) 398–6222.
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.
Collection of Information
This proposed rule would call for no
new collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520.).
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this proposed rule under that Order and
have determined that it does not have
implications for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
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that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 or more in any one year.
Though this proposed rule will not
result in such an expenditure, we do
discuss the effects of this rule elsewhere
in this preamble.
Taking of Private Property
This proposed rule would not affect a
taking of private property or otherwise
have taking implications under
Executive Order 12630, Governmental
Actions and Interference with
Constitutionally Protected Property
Rights.
Civil Justice Reform
This proposed rule meets applicable
standards in sections 3(a) and 3(b)(2) of
Executive Order 12988, Civil Justice
Reform, to minimize litigation,
eliminate ambiguity, and reduce
burden.
Protection of Children
We have analyzed this proposed rule
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. This rule is not an economically
significant rule and would not create an
environmental risk to health or risk to
safety that might disproportionately
affect children.
Indian Tribal Governments
This proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would not have
a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
Energy Effects
We have analyzed this proposed rule
under Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
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Federal Register / Vol. 70, No. 244 / Wednesday, December 21, 2005 / Proposed Rules
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
Environment
We have analyzed this proposed rule
under Commandant Instruction
M16475.lD, 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
proposed rule is categorically excluded,
under figure 2–1, paragraph (32)(e) of
the Instruction, from further
environmental documentation because
it has been determined that the
promulgation of operating regulations
for drawbridges are categorically
excluded.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 117 as follows:
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
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Authority: 33 U.S.C. 499; Department of
Homeland Security Delegation No. 0170.1; 33
CFR 1.05–1(g); section 117.255 also issued
under the authority of Pub. L. 102–587, 106
Stat. 5039.
2. In § 117.733, paragraph (b)(2) is
revised to read as follows:
§ 117.733 New Jersey Intracoastal
Waterway.
*
*
*
*
*
(b)(2) Year-round from 11 p.m. to 8
a.m., and at all times from December 1
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14:51 Dec 20, 2005
Jkt 208001
to March 31, the draw need only open
if at least four hours notice is given.
*
*
*
*
*
Dated: December 5, 2005.
Larry L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander,
Fifth Coast Guard District.
[FR Doc. E5–7632 Filed 12–20–05; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[CGD07–05–158]
RIN 1625–AA09
Drawbridge Operation Regulations;
Stickney Point (SR 72) Bridge, Gulf
Intracoastal Waterway Mile 68.6, Gulf
Intracoastal Waterway, Sarasota
County, FL
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
SUMMARY: The Coast Guard proposes to
change the operating schedule of the
Stickney Point (SR 72) bridge across the
Gulf Intracoastal Waterway, mile 68.6 in
Sarasota County, Florida. This proposed
rule would require the drawbridge to
open on a 30-minute schedule from 6
a.m. until 10 p.m., Monday through
Friday except Federal holidays. This
proposed action may improve the
movement of vehicular traffic while not
unreasonably interfering with the
movement of vessel traffic.
DATES: Comments and related material
must reach the Coast Guard on or before
February 21, 2006.
ADDRESSES: You may mail comments
and related material to Commander
(dpb), Seventh Coast Guard District, 909
SE. 1st Avenue, Room 432, Miami, FL
33131, who maintains the public docket
for this rulemaking. Comments and
material received from the public, as
well as documents indicated in this
preamble as being available in the
docket, will become part of this docket
and are available for inspection or
copying at the Seventh Coast Guard
District Bridge Branch, between 7:30
a.m. and 4 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr.
Barry Dragon, Project Officer, Seventh
Coast Guard District, Bridge Branch, at
(305) 415–6743.
SUPPLEMENTARY INFORMATION:
PO 00000
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75767
Request for Comments
We encourage you to participate in
this rulemaking by submitting
comments and related material. If you
do so, please include your name and
address, identify the docket number for
this rulemaking [CGD07–05–158],
indicate the specific section of this
document to which each comment
applies, and give the reason for each
comment. Please submit all comments
and related material in an unbound
format, no larger than 81⁄2 by 11 inches,
suitable for copying. If you would like
to know they reached us, please enclose
a stamped, self-addressed postcard or
envelope. We will consider all
comments and material received during
the comment period. We may change
this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for a meeting by writing to the Bridge
Branch at the address under ADDRESSES
explaining why one would be
beneficial. If we determine that one
would aid this rulemaking, we will hold
one at a time and place announced by
a later notice in the Federal Register.
Background and Purpose
The current regulations governing the
Stickney Point (SR 72) bridge, mile 68.6,
at Sarasota County in 33 CFR 117.5
requires the drawbridge to open on
signal.
On September 29, 2005, Sarasota
County officials requested the Coast
Guard review the operation of the
Stickney Point bridge because they
contended the regulation is not meeting
the needs of vehicle traffic.
Discussion of Proposed Rule
This proposed rule would require the
Stickney Point (SR 72) bridge, mile 68.6,
at Sarasota County to open on the hour
and half-hour, from 6 a.m. to 10 p.m.,
Monday through Friday, except Federal
holidays. This proposed schedule will
allow local vehicular traffic to plan for
drawbridge openings while providing
for the reasonable needs of navigation.
In order to record this change in the
Code of Federal Regulations, the current
regulation governing the Siesta Drive
bridge at 33 CFR 117.287(b–1) shall be
moved to 33 CFR 117.287(c) so that the
regulation governing the Stickney Point
bridge can be recorded at 33 CFR
117.287(b–1).
Regulatory Evaluation
This proposed rule is not a
‘‘significant regulatory action’’ under
section 3(f) of Executive Order 12866,
Regulatory Planning and Review, and
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]]>Agencies
[Federal Register Volume 70, Number 244 (Wednesday, December 21, 2005)]
[Proposed Rules]
[Pages 75765-75767]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-7632]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD05-05-131]
RIN 1625-AA09
Drawbridge Operation Regulations; New Jersey Intracoastal
Waterway, Manasquan River, NJ
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to change the regulations that govern
the operation of the Route 35 Bridge, at New Jersey Intracoastal
Waterway (NJICW) mile 1.1, across the Manasquan River, at Brielle, New
Jersey. The proposal will allow the drawbridge to provide vessel
openings upon four hours advance notice from December 1 to March 31.
This proposal will reduce draw tender services during the non-peak
boating season while still providing for the reasonable needs of
navigation.
DATES: Comments and related material must reach the Coast Guard on or
before February 6, 2006.
ADDRESSES: You may mail comments and related material to Commander
(obr), Fifth Coast Guard District, Federal Building, 1st Floor, 431
Crawford Street, Portsmouth, VA 23704-5004. The Fifth Coast Guard
District maintains the public docket for this rulemaking. Comments and
material received from the public, as well as documents indicated in
this preamble as being available in the docket, will become part of
this docket and will be available for inspection or copying at
Commander (obr), Fifth Coast Guard District between 8 a.m. and 4 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Bill. H. Brazier, Bridge Management
Specialist, Fifth Coast Guard District, at (757) 398-6422.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CGD05-05-
131), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8'' by 11 inches, suitable for copying. If you would like a return
receipt, please enclose a stamped, self-addressed postcard or envelope.
We will consider all submittals received during the comment period. We
may change this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to Commander (obr), Fifth Coast Guard
District at the address under ADDRESSES explaining why one would be
beneficial. If we determine that one would aid this rulemaking, we will
hold one at a time and place announced by a later notice in the Federal
Register.
Background and Purpose
The New Jersey Department of Transportation (NJDOT) owns and
operates the Route 35 Bridge, at NJICW mile 1.1., across the Manasquan
River, at Brielle, New Jersey. The current operating regulations set
out in 33 CFR 117.733(b) requires the drawbridge to open on signal
except as follows: from May 15 through September 30, on Saturdays,
Sundays and Federal holidays, from 8 a.m. to 10 p.m. the draw need only
open 15 minutes before the hour and 15 minutes after the hour; on
Mondays to Thursdays from 4 p.m. to 7 p.m., and on Fridays, except
Federal holidays from 12 p.m. to 7 p.m. the draw need only open 15
minutes before the hour and 15 minutes after hour; and year-round from
11 p.m. to 8 a.m., the draw need only open if at least four hours
notice is given.
The Route 35 Bridge, a bascule-type drawbridge, has a vertical
clearance in the closed position to vessels of 30 feet, at mean high
water.
The NJDOT has requested a change to the existing regulations for
the Route 35
[[Page 75766]]
Bridge. This proposal would reduce draw tender services during the non-
peak boating season by requiring openings of the bridge if at least
four hours advance notice is given from December 1 to March 31.
We reviewed the yearly drawbridge logs provided by NJDOT for the
years 2000 to 2004, which revealed that the bridge opened for vessels
970, 835, 811, 716 and 685 times, respectively. NJDOT contends that the
vessel traffic through the bridge is minimal during the winter months.
During the period from December 1 to March 31, from 7 a.m. to 11 p.m.,
the bridge data for the years 2000 to 2004 shows that the bridge opened
51, 61, 49, 48 and 47 times, respectively. The data shows a significant
decrease in the number of bridge openings during the non-peak boating
season.
Based on the data provided, the proposal will have minimal impact
on vessel traffic.
Discussion of Proposed Rule
The Coast Guard proposes to amend the regulations governing the
Route 35 Bridge over the Manasquan River, at NJICW mile 1.1, at
Brielle, New Jersey, set out in 33 CFR 117.733(b) by revising
paragraph(b)(2).
As amended, paragraph (b)(2) would read ``Year-round from 11 p.m.
to 8 a.m., and at all times from December 1 to March 31, the draw need
only open if at least four hours notice is given.''
Regulatory Evaluation
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning, and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order. It is not ``significant''
under the regulatory policies and procedures of the Department of
Homeland Security (DHS).
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary. We reached this conclusion based
on the historical data, and due to the reduced number of vessels
requiring transit through the bridge during the proposed period.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule would not have a significant economic impact on a substantial
number of small entities. The non-peak boating season operating rules
proposed for the bridge are designed to minimize the number of small
entities affected.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they 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 Waverly W. Gregory, Jr., Bridge
Administrator, Fifth Coast Guard District, (757) 398-6222. 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.
Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this proposed rule will not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would not affect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
[[Page 75767]]
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed rule under Commandant Instruction
M16475.lD, 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 proposed rule is categorically excluded,
under figure 2-1, paragraph (32)(e) of the Instruction, from further
environmental documentation because it has been determined that the
promulgation of operating regulations for drawbridges are categorically
excluded.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
1. The authority citation for part 117 continues to read as
follows:
Authority: 33 U.S.C. 499; Department of Homeland Security
Delegation No. 0170.1; 33 CFR 1.05-1(g); section 117.255 also issued
under the authority of Pub. L. 102-587, 106 Stat. 5039.
2. In Sec. 117.733, paragraph (b)(2) is revised to read as
follows:
Sec. 117.733 New Jersey Intracoastal Waterway.
* * * * *
(b)(2) Year-round from 11 p.m. to 8 a.m., and at all times from
December 1 to March 31, the draw need only open if at least four hours
notice is given.
* * * * *
Dated: December 5, 2005.
Larry L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. E5-7632 Filed 12-20-05; 8:45 am]
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