Drawbridge Operation Regulation; Boot Key Harbor, Marathon, FL, 14804-14806 [06-2874]
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cprice-sewell on PROD1PC66 with RULES
14804
Federal Register / Vol. 71, No. 57 / Friday, March 24, 2006 / Rules and Regulations
subject to the requirements of section
417(e)(3) is less than the actuarial
present value (as determined under
§ 1.417(e)–1(d)) of the QJSA. For
purposes of this paragraph (f)(2)(i), the
actuarial present value of an optional
form is treated as not less than the
actuarial present value of the QJSA if—
(A) Using the applicable interest rate
and applicable mortality table under
§ 1.417(e)–1(d)(2) and (3), the actuarial
present value of that optional form is
not less than the actuarial present value
of the QJSA for an unmarried
participant; and
(B) Using reasonable actuarial
assumptions, the actuarial present value
of the QJSA for an unmarried
participant is not less than the actuarial
present value of the QJSA for a married
participant.
(ii) Requirement to disclose
differences in value for certain optional
forms. A QJSA explanation with respect
to any distribution with an annuity
starting date that is on or after October
1, 2004, and before February 1, 2006, is
only required to be provided under this
section with respect to—
(A) An optional form of benefit that is
subject to the requirements of section
417(e)(3) and that has an actuarial
present value that is less than the
actuarial present value of the QJSA (as
described in paragraph (f)(2)(i) of this
section); and
(B) The QJSA (determined without
application of paragraph (c)(2)(ii) of this
section).
(iii) Application to QJSA explanations
with respect to optional forms that are
approximately equal in value to the
QJSA. Paragraph (c)(2)(iii)(C) of this
section, relating to disclosures of
optional forms of benefit that are
permitted to be described as
approximately equal in value to the
QJSA, is not applicable to a QJSA
explanation provided before January 1,
2007. However, § 1.417(a)(3)–
1(c)(2)(iii)(C), as it appeared in 26 CFR
part 1 revised April 1, 2004, applies to
a QJSA explanation with respect to any
distribution with an annuity starting
date that is on or after October 1, 2004,
and that is provided before January 1,
2007.
(3) Annuity starting date. For
purposes of paragraphs (f)(1) and (2) of
this section, in the case of a retroactive
annuity starting date under section
417(a)(7), as described in § 1.417(e)–
1(b)(3)(vi), the date of commencement of
the actual payments based on the
retroactive annuity starting date is
substituted for the annuity starting date.
(4) Effective date for QPSA
explanations. This section applies to
VerDate Aug<31>2005
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Jkt 208001
any QPSA explanation provided on or
after July 1, 2004.
DEPARTMENT OF HOMELAND
SECURITY
Mark E. Matthews,
Deputy Commissioner for Services and
Enforcement.
Approved: March 15, 2006.
Eric Solomon,
Acting Deputy Assistant Secretary of the
Treasury.
[FR Doc. 06–2844 Filed 3–23–06; 8:45 am]
Coast Guard
BILLING CODE 4830–01–P
33 CFR Part 117
[CGD07–05–063]
RIN 1625–AA09
Drawbridge Operation Regulation;
Boot Key Harbor, Marathon, FL
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[CGD05–05–079]
RIN 1625–AA09
Drawbridge Operation Regulations;
New Jersey Intracoastal Waterway,
Manasquan River; Correction
AGENCY:
Coast Guard, DHS.
Temporary final rule;
correction.
ACTION:
SUMMARY: The Coast Guard published in
the Federal Register of March 1, 2006,
a temporary final rule amending bridge
regulations. That rule contained the
wrong effective date. This document
corrects that error.
This correction is effective on
April 24, 2006.
DATES:
Gary
Heyer, Bridge Management Specialist,
Fifth Coast Guard District, at (757) 398–
6629.
FOR FURTHER INFORMATION CONTACT:
The Coast
Guard published in the Federal Register
of March 1, 2006, a temporary final rule
amending bridge regulations. That rule
contained the wrong effective date. This
document corrects that error.
In rule FR Doc. 06–1815 published on
March 1, 2006, (71 FR 10433) make the
following correction. On page 10433, in
the third column, change the DATES
section to read as follows: This
temporary final rule is effective from
April 17, 2006, through March 1, 2009.
SUPPLEMENTARY INFORMATION:
Dated: March 14, 2006.
Larry L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander,
Fifth Coast Guard District.
[FR Doc. 06–2873 Filed 3–23–06; 8:45 am]
BILLING CODE 4910–15–P
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SUMMARY: The Coast Guard is changing
the regulations governing the operation
of the Boot Key Harbor Bridge, mile
0.13, between Marathon and Boot Key,
Monroe County, Florida. Due to the
amount of vehicle traffic and the lack of
openings during the proposed time
period, this action will improve the
movement of vehicular traffic while not
unreasonably interfering with the
movement of vessel traffic. This rule
will allow the bridge to open as
necessary on the hour between the
hours of 7 a.m. to 7 p.m. At all other
times, the bridge will open on demand
following a one-hour notification to the
bridge tender. The draw shall open as
soon as practicable for the passage of
tugs with tows, public vessels of the
United States and vessels in a situation
where a delay would endanger life or
property.
DATES: This rule is effective April 24,
2006.
ADDRESSES: Comments and material
received from the public, as well as
documents indicated in this preamble as
being available in the docket, are part of
docket CGD07–05–063 and are available
for inspection or copying at Commander
(dpb), Seventh Coast Guard District, 909
SE 1st Avenue, Suite 432, Miami,
Florida 33131–3050 between 7:30 a.m.
and 4 p.m., Monday through Friday,
except Federal holidays. Bridge Branch
(dpb), Seventh Coast Guard District,
maintains the public docket for this
rulemaking.
FOR FURTHER INFORMATION CONTACT: Mr.
Gwin Tate, Project Manager, Seventh
Coast Guard District, Bridge Branch, at
(305) 415–6747.
SUPPLEMENTARY INFORMATION:
Regulatory History
On July 20, 2005, we published a
notice of proposed rulemaking (NPRM)
entitled Drawbridge Operation
Regulations; Marathon, FL, in the
Federal Register (70 FR 41648). We
received 4 letters commenting on the
proposed rule. No public meeting was
requested, and none was held.
E:\FR\FM\24MRR1.SGM
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Federal Register / Vol. 71, No. 57 / Friday, March 24, 2006 / Rules and Regulations
Background and Purpose
The operation of the Boot Key Harbor
bridge, mile 0.13, at Marathon, is
governed by 33 CFR 117.272, which
requires the draw to open on signal;
except that during the evening hours
from 10 p.m. to 6 a.m., the draw shall
open on signal if at least two hours
notice is given. The City of Marathon
requested that the Coast Guard
temporarily change the operating
schedule to ensure worker safety, as the
bridge required prompt corrective
repairs and renovation. An analysis of
the bridge logs showed an average of
only 12.2 openings per week over a oneyear period during the hours of 7 a.m.
through 7 p.m. In light of this
information, the bridge owner amended
the initial request, asking the Coast
Guard to permanently change the
regulation governing the Boot Key
Harbor Bridge.
Discussion of Comments and Changes
We received 4 comments on the
NPRM: One commented that the
proposed undertaking will have no
effect on historic properties. Another
comment was from the City of Marathon
asking that the 10-minute response time
proposed in the NPRM be kept at the
current one-hour period for on demand
requests to open the bridge. Two
comments were against the proposed
change due to a potential situation
which may cause serious unsafe
conditions.
This regulation takes into
consideration a potential situation
which may cause unsafe conditions by
stating that the draw shall open as soon
as practicable for vessels in a situation
where a delay would endanger life or
property. Additionally, the City of
Marathon’s comments have been
incorporated into this final rule. Instead
of a 10-minute response time to open
the bridge, the bridge will maintain its
current one-hour response time for on
demand requests to open the bridge
outside the hours of 7 a.m. to 7 p.m.
cprice-sewell on PROD1PC66 with RULES
Regulatory Evaluation
This rule is not a ‘‘significant
regulatory action’’ under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order. It is not ‘‘significant’’ under the
regulatory policies and procedures of
the Department of Homeland Security
(DHS). Vessel traffic will be able to
transit through the open bridge with the
exception of the short closure periods.
VerDate Aug<31>2005
14:17 Mar 23, 2006
Jkt 208001
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.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we offered to assist small entities in
understanding the rule so that they
could better evaluate its effects on them
and participate in the rulemaking
process. The Coast Guard offered in the
NPRM to assist small businesses,
organizations, or governmental
jurisdictions by providing a contact
person listed in the FOR FURTHER
INFORMATION CONTACT section for
additional information.
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
PO 00000
Frm 00011
Fmt 4700
Sfmt 4700
14805
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 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 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
would not create an environmental risk
to health or risk to safety that might
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.
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14806
Federal Register / Vol. 71, No. 57 / Friday, March 24, 2006 / Rules and Regulations
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,
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.
Regulations
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 117 as follows:
I
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
I
Authority: 33 U.S.C. 499; 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.
I
2. Revise § 117.272 to read as follows:
cprice-sewell on PROD1PC66 with RULES
§ 117.272
Boot Key Harbor.
The draw of the Boot Key Harbor
drawbridge, mile 0.13, between
Marathon and Boot Key, will open as
necessary on the hour between the
hours of 7 a.m. to 7 p.m. At all other
times, the bridge will open following a
one hour notification to the bridge
tender by calling the posted cell phone
VerDate Aug<31>2005
14:17 Mar 23, 2006
Jkt 208001
number. The draw shall open on
demand and as soon as practicable for
the passage of tugs with tows, public
vessels of the United States and vessels
whereby a delay would endanger life or
property.
Dated: March 9, 2006.
D.B. Peterman,
RADM, U.S. Coast Guard, Commander,
Seventh Coast Guard District.
[FR Doc. 06–2874 Filed 3–23–06; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF TRANSPORTATION
Saint Lawrence Seaway Development
Corporation
33 CFR Part 402
[Docket No. SLSDC 2006–23839]
RIN 2135–AA23
Tariff of Tolls
Saint Lawrence Seaway
Development Corporation, DOT.
ACTION: Final rule.
AGENCY:
SUMMARY: The Saint Lawrence Seaway
Development Corporation (SLSDC) and
the St. Lawrence Seaway Management
Corporation (SLSMC) of Canada, under
international agreement, jointly publish
and presently administer the St.
Lawrence Seaway Tariff of Tolls in their
respective jurisdictions. The Tariff sets
forth the level of tolls assessed on all
commodities and vessels transiting the
facilities operated by the SLSDC and the
SLSMC. The SLSDC is revising its
regulations to reflect the fees and
charges levied by the SLSMC in Canada
starting in the 2006 navigation season,
which are effective only in Canada. An
amendment to increase the minimum
charge per lock for those vessels that are
not pleasure craft or subject in Canada
to tolls under items 1 and 2 of the Tariff
for full or partial transit of the Seaway
will apply in the U.S. (See
Supplementary Information.) The Tariff
of Tolls is in effect in Canada. For
consistency, because these are, under
international agreement, joint
regulations, and to avoid confusion
among users of the Seaway, the SLSDC
finds that there is good cause to make
this U.S. version of the amendments
effective upon publication.
DATES: This rule is effective on March
24, 2006.
FOR FURTHER INFORMATION CONTACT:
Craig H. Middlebrook, Acting Chief
Counsel, Saint Lawrence Seaway
Development Corporation, 400 Seventh
Street, SW., Washington, DC 20590,
(202) 366–0091.
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
The Saint
Lawrence Seaway Development
Corporation (SLSDC) and the St.
Lawrence Seaway Management
Corporation (SLSMC) of Canada, under
international agreement, jointly publish
and presently administer the St.
Lawrence Seaway Tariff of Tolls
(Schedule of Fees and Charges in
Canada) in their respective jurisdictions.
The Tariff sets forth the level of tolls
assessed on all commodities and vessels
transiting the facilities operated by the
SLSDC and the SLSMC. The SLSDC is
revising 33 CFR 402.8, ‘‘Schedule of
Tolls’’, to reflect the fees and charges
levied by the SLSMC in Canada
beginning in the 2006 navigation
season. Additionally, the SLSDC is
revising 33 CFR 402.3, ‘‘Interpretation’’,
and 33 CFR 402.4, ‘‘Tolls’’, to provide
interpretations of two charges for
vessels carrying new cargo on the
Welland Canal and the MLO Section of
the Seaway. With one exception, the
changes affect the tolls for commercial
vessels and are applicable only in
Canada. The collection of tolls by the
SLSDC on commercial vessels transiting
the U.S. locks is waived by law (33
U.S.C. 988a(a)). Accordingly, no notice
or comment was necessary on these
amendments.
The SLSDC is amending 33 CFR
402.8, ‘‘Schedule of Tolls’’, to increase
the minimum charge per vessel per lock
for full or partial transit of the Seaway
from $20.00 to $20.40. This charge is for
vessels that are not pleasure craft or
subject in Canada to the tolls under
items 1 and 2 of the Tariff. This increase
is due to higher operating costs at the
locks. Since this amendment would be
applicable in the United States,
interested parties were afforded an
opportunity to comment on it in a
Notice of Proposed Rulemaking
published on February 14, 2006 (71 FR
7701). No comments were received.
SUPPLEMENTARY INFORMATION:
Regulatory Notices
Privacy Act: Anyone is able to search
the electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (Volume
65, Number 70; Pages 19477–78) or you
may visit https://dms.dot.gov.
Regulatory Evaluation
This regulation involves a foreign
affairs function of the United States and
therefore Executive Order 12866 does
not apply and evaluation under the
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]]>Agencies
[Federal Register Volume 71, Number 57 (Friday, March 24, 2006)]
[Rules and Regulations]
[Pages 14804-14806]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-2874]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD07-05-063]
RIN 1625-AA09
Drawbridge Operation Regulation; Boot Key Harbor, Marathon, FL
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is changing the regulations governing the
operation of the Boot Key Harbor Bridge, mile 0.13, between Marathon
and Boot Key, Monroe County, Florida. Due to the amount of vehicle
traffic and the lack of openings during the proposed time period, this
action will improve the movement of vehicular traffic while not
unreasonably interfering with the movement of vessel traffic. This rule
will allow the bridge to open as necessary on the hour between the
hours of 7 a.m. to 7 p.m. At all other times, the bridge will open on
demand following a one-hour notification to the bridge tender. The draw
shall open as soon as practicable for the passage of tugs with tows,
public vessels of the United States and vessels in a situation where a
delay would endanger life or property.
DATES: This rule is effective April 24, 2006.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket CGD07-05-063 and are available for inspection or
copying at Commander (dpb), Seventh Coast Guard District, 909 SE 1st
Avenue, Suite 432, Miami, Florida 33131-3050 between 7:30 a.m. and 4
p.m., Monday through Friday, except Federal holidays. Bridge Branch
(dpb), Seventh Coast Guard District, maintains the public docket for
this rulemaking.
FOR FURTHER INFORMATION CONTACT: Mr. Gwin Tate, Project Manager,
Seventh Coast Guard District, Bridge Branch, at (305) 415-6747.
SUPPLEMENTARY INFORMATION:
Regulatory History
On July 20, 2005, we published a notice of proposed rulemaking
(NPRM) entitled Drawbridge Operation Regulations; Marathon, FL, in the
Federal Register (70 FR 41648). We received 4 letters commenting on the
proposed rule. No public meeting was requested, and none was held.
[[Page 14805]]
Background and Purpose
The operation of the Boot Key Harbor bridge, mile 0.13, at
Marathon, is governed by 33 CFR 117.272, which requires the draw to
open on signal; except that during the evening hours from 10 p.m. to 6
a.m., the draw shall open on signal if at least two hours notice is
given. The City of Marathon requested that the Coast Guard temporarily
change the operating schedule to ensure worker safety, as the bridge
required prompt corrective repairs and renovation. An analysis of the
bridge logs showed an average of only 12.2 openings per week over a
one-year period during the hours of 7 a.m. through 7 p.m. In light of
this information, the bridge owner amended the initial request, asking
the Coast Guard to permanently change the regulation governing the Boot
Key Harbor Bridge.
Discussion of Comments and Changes
We received 4 comments on the NPRM: One commented that the proposed
undertaking will have no effect on historic properties. Another comment
was from the City of Marathon asking that the 10-minute response time
proposed in the NPRM be kept at the current one-hour period for on
demand requests to open the bridge. Two comments were against the
proposed change due to a potential situation which may cause serious
unsafe conditions.
This regulation takes into consideration a potential situation
which may cause unsafe conditions by stating that the draw shall open
as soon as practicable for vessels in a situation where a delay would
endanger life or property. Additionally, the City of Marathon's
comments have been incorporated into this final rule. Instead of a 10-
minute response time to open the bridge, the bridge will maintain its
current one-hour response time for on demand requests to open the
bridge outside the hours of 7 a.m. to 7 p.m.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS). Vessel traffic will be able to transit through the open
bridge with the exception of the short closure periods.
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.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking process. The
Coast Guard offered in the NPRM to assist small businesses,
organizations, or governmental jurisdictions by providing a contact
person listed in the FOR FURTHER INFORMATION CONTACT section for
additional information.
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 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 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 would not create an
environmental risk to health or risk to safety that might
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.
[[Page 14806]]
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,
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.
Regulations
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. Revise Sec. 117.272 to read as follows:
Sec. 117.272 Boot Key Harbor.
The draw of the Boot Key Harbor drawbridge, mile 0.13, between
Marathon and Boot Key, will open as necessary on the hour between the
hours of 7 a.m. to 7 p.m. At all other times, the bridge will open
following a one hour notification to the bridge tender by calling the
posted cell phone number. The draw shall open on demand and as soon as
practicable for the passage of tugs with tows, public vessels of the
United States and vessels whereby a delay would endanger life or
property.
Dated: March 9, 2006.
D.B. Peterman,
RADM, U.S. Coast Guard, Commander, Seventh Coast Guard District.
[FR Doc. 06-2874 Filed 3-23-06; 8:45 am]
BILLING CODE 4910-15-P
