Drawbridge Operation Regulations; N.E. 14th Street, Atlantic Intracoastal Waterway Mile 1055.0 at Pompano, FL, 9300-9302 [06-1669]
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Federal Register / Vol. 71, No. 36 / Thursday, February 23, 2006 / Proposed Rules
statement from MSHA, followed by an
opportunity for members of the public
to make oral presentations. MSHA is
specifically soliciting technical
presentations that discuss the following
key issues raised in the RFI:
underground communications and
tracking of underground miners. Please
note that MSHA approves all
electrically operated equipment taken in
by the last open cross-cut in a coal mine
as ‘‘permissible’’ under Title 30 Code of
Federal Regulations, subchapter B.
Accordingly, technical presentations
should address permissibility and
intrinsic safety. Information concerning
MSHA’s approval programs can be
obtained from the MSHA Web site at
https://www.msha.gov.
The meeting will be conducted in an
informal manner. The MSHA panel at
the meeting may ask questions of
speakers. The presiding official may
exercise discretion to ensure the orderly
progress of the meeting and may
exclude irrelevant or unduly repetitious
material and questions. A transcript of
the proceeding will be prepared and
made a part of the public meeting
record. The transcript will be available
on MSHA’s Home Page at https://
www.msha.gov, under Statutory and
Regulatory Information.
schedule unless four hour notice is
provided for double-leaf openings.
DATES: Comments and related material
must reach the Coast Guard on or before
March 27, 2006.
ADDRESSES: You may mail comments
and related material to Commander
(dpb), Seventh Coast Guard District, 909
S.E. 1st Ave, Suite 432, Miami, FL
33131–3050. Commander (dpb)
maintains the public docket for this
rulemaking. Comments and material
received from the public, as well as
documents indicated in the preamble as
being available in the docket, will
become part of this docket and will be
available for inspection or copying at
the Bridge Branch, Seventh Coast Guard
District, between 8 a.m. and 4:30 p.m.,
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Mr.
Michael Lieberum, Project Manager,
Seventh Coast Guard District, Bridge
Branch, 305–415–6743.
SUPPLEMENTARY INFORMATION:
Request for Comments
[CGD07–05–162]
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 [CGD07–05–162],
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 temporary rule in view of
them.
RIN 1625–AA09
Public Meeting
Dated: February 21, 2006.
David G. Dye,
Acting Assistant Secretary for Mine Safety
and Health.
[FR Doc. 06–1748 Filed 2–22–06; 8:45 am]
BILLING CODE 4510–43–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
Drawbridge Operation Regulations;
N.E. 14th Street, Atlantic Intracoastal
Waterway Mile 1055.0 at Pompano, FL
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
cchase on PROD1PC60 with PROPOSALS
ACTION:
SUMMARY: The Coast Guard proposes to
temporarily amend the regulations
governing the operation of the N.E. 14th
Street Bridge across the Atlantic
Intracoastal Waterway, mile 1055.0,
Pompano, Broward County, Florida.
This proposed temporary rule provides
for solely single-leaf bridge operations
between May and June 2006. From July
through September 2006, we propose
this bridge operate on a single-leaf
VerDate Aug<31>2005
16:33 Feb 22, 2006
Jkt 208001
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, Seventh 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
PCL Civil Constructors, Inc. on behalf
of the Florida Department of
Transportation has requested the Coast
Guard temporarily change the existing
regulations governing the operation of
the N.E. 14th Street Bridge across the
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Atlantic Intracoastal Waterway by
allowing single-leaf operation during
bridge rehabilitation. The N.E. 14th
Street Bridge is located on the Atlantic
Intracoastal Waterway, mile 1055.0,
Pompano, Florida. The current
regulation governing the operation of
the N.E. 14th Street Bridge is published
in 33 CFR 117.261(cc) and requires the
bridge to open on signal except that,
from 7 a.m. to 6 p.m., the draw need
open only on the quarter-hour and
three-quarter hour.
Discussion of Proposed Rule
The Coast Guard proposes to
temporarily change the operating
regulations of the N.E. 14th Street
Bridge from May 1, 2006 to September
30, 2006 so that the bridge will operate
a single-leaf twice an hour from May 1,
2006 through July 1, 2006. From July 1,
2006 through September 30, 2006, the
bridge will operate a single-leaf twice an
hour unless four hour notice is given for
double-leaf openings.
Regulatory Evaluation
This proposed temporary 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 temporary rule to be so
minimal that a full Regulatory
Evaluation under the policies and
procedures of DHS is unnecessary,
because the rule will allow for bridge
openings during the repairs to this
bridge and all closure times will be
published with adequate time for
mariners to plan accordingly.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this proposed temporary rule
would have a significant economic
impact on a substantial number of small
entities. The term ‘‘small entities’’
comprises small businesses, not-forprofit 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
temporary rule would not have a
significant economic impact on a
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Federal Register / Vol. 71, No. 36 / Thursday, February 23, 2006 / Proposed Rules
substantial number of small entities,
because the regulations provide for
restricted bridge openings and will
provide for the reasonable needs of
navigation.
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 temporary
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
the person listed in FOR FURTHER
INFORMATION CONTACT. The Coast Guard
will not retaliate against small entities
that have questions or complain about
this rule or any policy or action of the
Coast Guard.
Collection of Information
This proposed temporary 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 temporary rule under that
Order and determined that it does not
have implications for federalism.
cchase on PROD1PC60 with PROPOSALS
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 temporary rule
would not result in such an
expenditure, we do discuss the effects of
this rule elsewhere in this preamble.
VerDate Aug<31>2005
16:33 Feb 22, 2006
Jkt 208001
Taking of Private Property
This proposed temporary 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 temporary 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
temporary 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 temporary 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
temporary 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
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9301
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 temporary rule does
not use technical standards. Therefore,
we did not consider the use of voluntary
consensus standards.
Environment
We have analyzed this proposed
temporary 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 temporary rule
is categorically excluded, under figure
2–1, paragraph (32)(e), of the
Instruction, from further environmental
documentation. Under figure 2–1,
paragraph (32)(e), of the Instruction, an
‘‘Environmental Analysis Check List’’
and a ‘‘Categorical Exclusion
Determination’’ are not required for this
rule.
List of Subjects in 33 CFR Part 117
Bridges.
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 authority of Pub. L. 102–587, 106 Stat.
5039.
2. From 7 a.m. on May 1, 2006,
through 6 p.m. on September 30, 2006,
suspend paragraph 117.261(cc) and add
paragraph (uu) to read as follows:
§ 117.261 Atlantic Intracoastal Waterway
from St. Marys River to Key Largo.
*
*
*
*
*
(uu) N.E. 14th Street bridge, mile
1055.0 at Pompano. The draw shall
open a single-leaf on the quarter-hour
and three-quarter hour from May 1,
2006 through July 1, 2006. From July 1,
2006 through September 30, 2006 the
draw shall open double leaf upon four
hours advance notification to the bridge
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Federal Register / Vol. 71, No. 36 / Thursday, February 23, 2006 / Proposed Rules
tender on VHF channel 16 or the bridge
rehabilitation contractor at 772–201–
3745. Otherwise, the draw shall open a
single leaf on the quarter-hour and
three-quarter hour.
Dated: January 9, 2006.
D.B. Peterman,
RADM, U.S. Coast Guard, Commander,
Seventh Coast Guard District.
[FR Doc. 06–1669 Filed 2–22–06; 8:45 am]
BILLING CODE 4910–15–P
LIBRARY OF CONGRESS
Copyright Office
37 CFR Parts 201
[Docket No. RM 2005–11A]
Notice of Public Hearings: Exemption
to Prohibition on Circumvention of
Copyright Protection Systems for
Access Control Technologies
Copyright Office, Library of
Congress.
ACTION: Notice of Public Hearings.
cchase on PROD1PC60 with PROPOSALS
AGENCY:
SUMMARY: The Copyright Office of the
Library of Congress will be holding
public hearings on the possible
exemptions to the prohibition against
circumvention of technological
measures that control access to
copyrighted works. In accordance with
the Copyright Act, as amended by the
Digital Millennium Copyright Act, the
Office is conducting its triennial
rulemaking proceeding to determine
whether there are particular ‘‘classes of
works’’ as to which users are, or are
likely to be, adversely affected in their
ability to make noninfringing uses if
they are prohibited from circumventing
such technological measures.
DATES: Public hearings will be held in
Palo Alto, California on Thursday,
March 23, 2006, and Friday, March 24,
2006. Public hearings will also be held
in Washington, DC on Wednesday,
March 29, 2006, Friday, March 31, 2006,
Monday, April 3, 2006, and Tuesday,
April 4, 2006, beginning at 9:30 a.m.
Requests to testify must be received by
5 p.m. E.S.T. on Friday March 10, 2006.
See SUPPLEMENTARY INFORMATION for
additional information on other
requirements.
ADDRESSES: The Palo Alto hearings will
be held in the Moot Court Room (Room
80) of the Stanford Law School, Crown
Quadrangle, Palo Alto, CA. The
Washington, DC round of public
hearings will be held in the Mumford,
Room, LM–649, of the James Madison
Building of the Library of Congress, 101
Independence Ave, SE., Washington,
VerDate Aug<31>2005
16:33 Feb 22, 2006
Jkt 208001
DC. See SUPPLEMENTARY INFORMATION for
additional address information and
other requirements.
FOR FURTHER INFORMATION CONTACT: Rob
Kasunic, Principal Legal Advisor, Office
of the General Counsel, Copyright GC/
I&R, PO Box 70400, Washington, DC
20024–0400. Telephone (202) 707–8380;
fax (202) 707–8366. Requests to testify
may be submitted through the request
form available at https://
www.copyright.gov/1201/.
SUPPLEMENTARY INFORMATION: On
October 3, 2005, the Copyright Office
published a Notice of Inquiry seeking
comments in connection with a
rulemaking pursuant to section
1201(a)(1) of the Copyright Act, 17
U.S.C. 1201(a)(1), which provides that
the Librarian of Congress may exempt
certain classes of works from the
prohibition against circumventing a
technological measure that controls
access to a copyrighted work. 70 FR
57526 (October 3, 2005). For a more
complete statement of the background
and purpose of the rulemaking, please
see the full record of the previous
rulemaking proceedings available on the
Copyright Office’s Web site at: https://
www.copyright.gov/1201/.
The 74 initial written comments
proposing classes of works to be
exempted and the 35 reply comments
have been posted on the Office’s Web
site; see https://www.copyright.gov/1201/
.
The Office will be conducting public
hearings in Palo Alto, California and
Washington, DC to hear testimony
relating to the proposed exemptions in
this rulemaking. Interested parties are
invited to submit requests to testify at
these hearings. The dates for the
hearings in Palo Alto, CA are March 23
and 24. The dates for the Washington,
DC hearings are March 29, March 31,
April 3, and April 4, 2006. Depending
on the number of requests to testify
received by the Copyright Office, it may
not be necessary to conduct hearings on
all of the available days. In addition, the
hearings will be organized by subject
matter; and while the Copyright Office
will attempt to accommodate
preferences for particular dates, such
accommodations may not be possible.
Requirements for Persons Desiring To
Testify
A request to testify must be submitted
to the Copyright Office. All requests to
testify must clearly identify:
• The name of the person desiring
to testify,
• The organization or organizations
represented, if any,
• Contact information (address,
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telephone, and e-mail),
• The class of work to which your
testimony is responsive (if you wish
to testify on more than one
proposed class of work, please state
your order of preference),
• A brief summary of your
proposed testimony,
• A description of any audiovisual
material or demonstrative evidence,
if any, that you intend to present,
• The location of the hearing at
which you wish to testify
(Washington, DC or Palo Alto, CA).
• Preferences as to dates on which
you which to testify. Note: Because
the agenda will be organized based
on subject matter, we cannot
guarantee that we can accommodate
requests to testify on particular
dates.
Depending on the number and nature
of the requests to testify, it is possible
that the Office will not be able to
accommodate all requests to testify.
All persons who submit a timely
request to testify will receive
confirmation by email or telephone. The
Copyright Office will notify all
witnesses of the date and expected time
of their appearance, and the time
allocated for their testimony.
Addresses for Requests To Testify
Requests to testify must be submitted
via the Copyright Office’s website form
located at https://www.copyright.gov/
1201/ and must be received
by 5:00 E.S.T. on March 10, 2006.
Persons who are unable to send requests
via the Web site should contact Rob
Kasunic, Principal Legal Advisor, Office
of the General Counsel at (202) 707–
8380 to make alternative arrangements
for submission of their requests to
testify.
Form and Limits on Testimony at
Public Hearings
There will be time limits on the
testimony allowed for persons testifying
that will be established after receiving
all requests to testify. In order to avoid
duplicative and cumulative testimony
and to ensure that all relevant issues
and viewpoints are addressed, the
Office encourages parties with similar
interests to select common
representatives to testify on behalf of a
particular position. A timely request to
testify does not guarantee an
opportunity to testify at these hearings.
The Copyright Office stresses that
factual arguments are at least as
important as legal arguments and
encourages persons who wish to testify
to provide demonstrative evidence to
supplement their testimony. While
testimony from attorneys who can
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]]>Agencies
[Federal Register Volume 71, Number 36 (Thursday, February 23, 2006)]
[Proposed Rules]
[Pages 9300-9302]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-1669]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD07-05-162]
RIN 1625-AA09
Drawbridge Operation Regulations; N.E. 14th Street, Atlantic
Intracoastal Waterway Mile 1055.0 at Pompano, FL
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to temporarily amend the regulations
governing the operation of the N.E. 14th Street Bridge across the
Atlantic Intracoastal Waterway, mile 1055.0, Pompano, Broward County,
Florida. This proposed temporary rule provides for solely single-leaf
bridge operations between May and June 2006. From July through
September 2006, we propose this bridge operate on a single-leaf
schedule unless four hour notice is provided for double-leaf openings.
DATES: Comments and related material must reach the Coast Guard on or
before March 27, 2006.
ADDRESSES: You may mail comments and related material to Commander
(dpb), Seventh Coast Guard District, 909 S.E. 1st Ave, Suite 432,
Miami, FL 33131-3050. Commander (dpb) maintains the public docket for
this rulemaking. Comments and material received from the public, as
well as documents indicated in the preamble as being available in the
docket, will become part of this docket and will be available for
inspection or copying at the Bridge Branch, Seventh Coast Guard
District, between 8 a.m. and 4:30 p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr. Michael Lieberum, Project Manager,
Seventh Coast Guard District, Bridge Branch, 305-415-6743.
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 [CGD07-05-
162], 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\1/2\ 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 temporary 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, Seventh 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
PCL Civil Constructors, Inc. on behalf of the Florida Department of
Transportation has requested the Coast Guard temporarily change the
existing regulations governing the operation of the N.E. 14th Street
Bridge across the Atlantic Intracoastal Waterway by allowing single-
leaf operation during bridge rehabilitation. The N.E. 14th Street
Bridge is located on the Atlantic Intracoastal Waterway, mile 1055.0,
Pompano, Florida. The current regulation governing the operation of the
N.E. 14th Street Bridge is published in 33 CFR 117.261(cc) and requires
the bridge to open on signal except that, from 7 a.m. to 6 p.m., the
draw need open only on the quarter-hour and three-quarter hour.
Discussion of Proposed Rule
The Coast Guard proposes to temporarily change the operating
regulations of the N.E. 14th Street Bridge from May 1, 2006 to
September 30, 2006 so that the bridge will operate a single-leaf twice
an hour from May 1, 2006 through July 1, 2006. From July 1, 2006
through September 30, 2006, the bridge will operate a single-leaf twice
an hour unless four hour notice is given for double-leaf openings.
Regulatory Evaluation
This proposed temporary 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 temporary rule to be
so minimal that a full Regulatory Evaluation under the policies and
procedures of DHS is unnecessary, because the rule will allow for
bridge openings during the repairs to this bridge and all closure times
will be published with adequate time for mariners to plan accordingly.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed temporary 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
temporary rule would not have a significant economic impact on a
[[Page 9301]]
substantial number of small entities, because the regulations provide
for restricted bridge openings and will provide for the reasonable
needs of navigation.
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 temporary 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 the person listed
in FOR FURTHER INFORMATION CONTACT. The Coast Guard will not retaliate
against small entities that have questions or complain about this rule
or any policy or action of the Coast Guard.
Collection of Information
This proposed temporary 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
temporary rule under that Order and 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 temporary rule would not result in such
an expenditure, we do discuss the effects of this rule elsewhere in
this preamble.
Taking of Private Property
This proposed temporary 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 temporary 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 temporary 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 temporary 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 temporary 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 proposed temporary rule does not use technical standards.
Therefore, we did not consider the use of voluntary consensus
standards.
Environment
We have analyzed this proposed temporary 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 temporary rule is
categorically excluded, under figure 2-1, paragraph (32)(e), of the
Instruction, from further environmental documentation. Under figure 2-
1, paragraph (32)(e), of the Instruction, an ``Environmental Analysis
Check List'' and a ``Categorical Exclusion Determination'' are not
required for this rule.
List of Subjects in 33 CFR Part 117
Bridges.
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 authority of Pub. L. 102-587, 106 Stat. 5039.
2. From 7 a.m. on May 1, 2006, through 6 p.m. on September 30,
2006, suspend paragraph 117.261(cc) and add paragraph (uu) to read as
follows:
Sec. 117.261 Atlantic Intracoastal Waterway from St. Marys River to
Key Largo.
* * * * *
(uu) N.E. 14th Street bridge, mile 1055.0 at Pompano. The draw
shall open a single-leaf on the quarter-hour and three-quarter hour
from May 1, 2006 through July 1, 2006. From July 1, 2006 through
September 30, 2006 the draw shall open double leaf upon four hours
advance notification to the bridge
[[Page 9302]]
tender on VHF channel 16 or the bridge rehabilitation contractor at
772-201-3745. Otherwise, the draw shall open a single leaf on the
quarter-hour and three-quarter hour.
Dated: January 9, 2006.
D.B. Peterman,
RADM, U.S. Coast Guard, Commander, Seventh Coast Guard District.
[FR Doc. 06-1669 Filed 2-22-06; 8:45 am]
BILLING CODE 4910-15-P
