Drawbridge Operation Regulation; Back Bay of Biloxi, Biloxi, MS, 26414-26416 [06-4261]

Download as PDF 26414 Federal Register / Vol. 71, No. 87 / Friday, May 5, 2006 / Rules and Regulations The Federal-aid Highway Program permits this type of flexibility. eliminate ambiguity, and reduce burden. Executive Order 13132 (Federalism Assessment) Executive Order 13045 (Protection of Children) This action has been analyzed in accordance with the principles and criteria contained in Executive Order 13132, and the FHWA has determined that this action does not have sufficient federalism implications to warrant the preparation of a Federalism assessment. The FHWA has also determined that this action will not preempt any State law or State regulation or affect the States’ ability to discharge traditional State governmental functions. We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. The FHWA certifies that this action will not cause an environmental risk to health or safety that might disproportionately affect children. Executive Order 12372 (Intergovernmental Review) Catalog of Federal Domestic Assistance Program Number 20.205, Highway Planning and Construction. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities apply to this program. Paperwork Reduction Act Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501, et seq.), Federal agencies must obtain approval from the Office of Management and Budget (OMB) for each collection of information they conduct, sponsor, or require through regulations. The FHWA has determined that this action does not contain collection of information requirements for the purposes of the PRA. National Environmental Policy Act The agency has analyzed this action for the purpose of the National Environmental Policy Act of 1969 (42 U.S.C. 4321) and has determined that this action will not have any effect on the quality of the environment. Executive Order 12630 (Taking of Private Property) cprice-sewell on PROD1PC66 with RULES Executive Order 12988 (Civil Justice Reform) This action meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, 14:36 May 04, 2006 Jkt 208001 The FHWA has analyzed this action under Executive Order 13175, dated November 6, 2000, and believes that it will not have substantial direct effects on one or more Indian tribes; will not impose substantial direct compliance costs on Indian tribal governments; and will not preempt tribal laws. The rulemaking addresses the design standards that apply to highway construction and reconstruction projects on the Interstate System and will not impose any direct compliance requirements on Indian tribal governments. Therefore, a tribal summary impact statement is not required. Executive Order 13211 (Energy Effects) We have analyzed this action under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use dated May 18, 2001. We have determined that it is not a significant energy action under that order since 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. Therefore, a Statement of Energy Effects is not required. A regulation identification number (RIN) is assigned to each regulatory action listed in the Unified Agenda of Federal Regulations. The Regulatory Information Service Center publishes the Unified Agenda in April and October of each year. The RIN contained in the heading of this document can be used to cross reference this action with the Unified Agenda. List of Subjects in 23 CFR Part 625 Design standards, Grant programs— transportation, Highways and roads, Incorporation by reference. PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 In consideration of the foregoing, the FHWA is amending title 23, Code of Federal Regulations, part 625, as set forth below: I PART 625—DESIGN STANDARDS FOR HIGHWAYS 1. The authority citation for part 625 continues to read as follows: I Authority: 23 U.S.C. 109, 315, and 402; Sec. 1073 of Pub. L. 102–240, 105 Stat. 1914, 2012; 49 CFR 1.48(b) and (n). Regulation Identification Number The FHWA has analyzed this action under Executive Order 12630, Governmental Actions and Interface with Constitutionally Protected Property Rights. The FHWA has determined that this action will not affect a taking of private property or otherwise have taking implications under Executive Order 12630. VerDate Aug<31>2005 Executive Order 13175 (Tribal Consultation) Issued on: April 28, 2006. Frederick G. Wright, Jr., Executive Director, Federal Highway Administration. 2. In § 625.4, revise paragraph (a)(2) to read as follows: I § 625.4 Standards, policies, and standard specifications. * * * * * (a) * * * (2) A Policy on Design Standards Interstate System, AASHTO, January 2005. [See § 625.4(d)(1)] * * * * * [FR Doc. 06–4228 Filed 5–4–06; 8:45 am] BILLING CODE 4910–22–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [CGD08–06–015] RIN 1625–AA09 Drawbridge Operation Regulation; Back Bay of Biloxi, Biloxi, MS Coast Guard, DHS. Final rule. AGENCY: ACTION: SUMMARY: The Coast Guard is removing the existing drawbridge operation regulation for the draw of the U.S. 90 bascule bridge across the Back Bay of Biloxi, mile 0.4, between Biloxi and Ocean Springs, Mississippi. The bridge was destroyed by Hurricane Katrina and will be replaced with a fixed bridge. Since the movable span of the bridge has been removed, the regulation controlling the opening and closing of the bridge is no longer necessary. DATES: This rule is effective May 5, 2006. Documents referred to in this rule are available for inspection or copying at the office of the Eighth Coast Guard District, Bridge Administration Branch, 500 Poydras Street, New Orleans, Louisiana 70130–3310, ADDRESSES: E:\FR\FM\05MYR1.SGM 05MYR1 Federal Register / Vol. 71, No. 87 / Friday, May 5, 2006 / Rules and Regulations between 7 a.m. and 3 p.m., Monday through Friday, except Federal holidays. The telephone number is (504) 589– 2965. The Eighth District Bridge Administration Branch maintains the public docket for this rulemaking. FOR FURTHER INFORMATION CONTACT: David Frank, Bridge Administration Branch, at (504) 589–2965. SUPPLEMENTARY INFORMATION: Good Cause for Not Publishing an NPRM We did not publish a notice of proposed rulemaking (NPRM) for this regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing an NPRM. Public comment is not necessary since the bridge that the regulation governed is out of service and mariners are no longer required to request an opening to transit through the bridge. cprice-sewell on PROD1PC66 with RULES Good Cause for Making Rule Effective in Less Than 30 Days Under 5 U.S.C. 553(d)(3), the Coast Guard finds good cause exists for making this rule effective in less than 30 days after publication in the Federal Register. There is no need to delay the implementation of this rule because the bridge it governs is already out of service and mariners are no longer required to request an opening. Background and Purpose The U.S. 90 bascule bridge across the Back Bay of Biloxi, mile 0.4, was destroyed by Hurricane Katrina and rendered unusable. The State of Mississippi determined that replacement of the movable bridge, instead of returning it into service, was necessary. The State of Mississippi received a permit to construct a new bridge on February 17, 2006. The movable spans of the bridge were removed following the hurricane to provide access to the Back Bay of Biloxi for mariners. Other portions of the bridge will be removed as part of the bridge replacement project. Since the movable span has been removed, mariners are no longer required to request openings for the bridge. The regulation governing the operation of the bridge is found in 33 CFR 117.675(a). The purpose of this rule is to remove 33 CFR 117.675(a) from the Code of Federal Regulations since it governs a bridge that is no longer in service and the movable span has been removed. Discussion of Rule The Coast Guard is changing the regulation in 33 CFR 117 without publishing a NPRM. The change VerDate Aug<31>2005 14:36 May 04, 2006 Jkt 208001 removes the regulation governing the bridge since the bridge is no longer in service and the movable span has been removed. This change does not affect vessel operators using the waterway. Thus, it is not necessary to publish a NPRM. 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). The Coast Guard does not consider this rule to be ‘‘significant’’ under that Order because it does not affect the way vessels operate on the waterway. 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. This rule will have no impact on any small entities because it does not change the operation of the drawbridge, and it will not adversely affect the owners and operators of vessels needing to transit the bridge. 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 rule so that they can better evaluate its effects on them and participate in the rulemaking process. 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 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 26415 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 the 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 does not cause 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 E:\FR\FM\05MYR1.SGM 05MYR1 26416 Federal Register / Vol. 71, No. 87 / Friday, May 5, 2006 / Rules and Regulations 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. cprice-sewell on PROD1PC66 with 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 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. Under figure 2–1, paragraph (32)(e) of the Instruction, an ‘‘Environmental Analysis Checklist’’ and a ‘‘Categorical Exclusion Determination’’ are not required for this rule. VerDate Aug<31>2005 14:36 May 04, 2006 Jkt 208001 List of Subjects in 33 CFR Part 117 Bridges. Regulations For the reasons set out in the preamble, the Coast Guard is amending 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. 2. In § 117.675, remove paragraph (a) and redesignate paragraphs (b) and (c) as paragraphs (a) and (b). I Dated: April 27, 2006. R.F. Duncan, Rear Admiral, U.S. Coast Guard Commander, Eighth Coast Guard District. [FR Doc. 06–4261 Filed 5–4–06; 8:45 am] BILLING CODE 4910–15–P establishing a security zone, in 33 CFR 165.1312, for the security of public vessels on a portion of the Willamette River during the fleet week of the Rose Festival. This security zone provides for the regulation of vessel traffic in the vicinity of the moored vessels. Entry into this zone is prohibited unless authorized by the Captain of the Port or his designee. The Captain of the Port Portland will begin enforcing the Rose Festival Security Zone established by 33 CFR 165.1312 on June 7, 2006. The Captain of the Port may be assisted by other Federal, state, or local agencies in enforcing this security zone. This security zone will be enforced until June 12, 2006. Dated: April 26, 2006. Patrick G. Gerrity, Captain, U.S. Coast Guard, Captain of the Port, Portland. [FR Doc. 06–4266 Filed 5–4–06; 8:45 am] BILLING CODE 4910–15–P DEPARTMENT OF HOMELAND SECURITY DEPARTMENT OF HOMELAND SECURITY Coast Guard Coast Guard [COTP Jacksonville–06–072] 33 CFR Part 165 RIN 1625–AA87 [CGD13–06–020] Security Zones; Captain of the Port Zone Jacksonville, FL RIN 1625–AA87 33 CFR Part 165 Coast Guard, DHS. Temporary final rule. AGENCY: Security Zone: Portland Rose Festival on Willamette River Coast Guard, DHS. ACTION: Notice of enforcement. AGENCY: SUMMARY: The Captain of the Port Portland, Oregon will begin enforcing on June 7, 2006 the Portland Rose Festival Security Zone established by 33 CFR 165.1312 until June 12, 2006. This zone provides for the security of public vessels on a portion of the Willamette River during the fleet week of the 2006 Rose Festival. DATES: This notice of enforcement for 33 CFR 165.1312 will be enforced from June 7, 2006 until June 12, 2006. FOR FURTHER INFORMATION CONTACT: Petty Officer Christopher Lumpkin, c/o Captain of the Port Portland, OR, 6767 North Basin Avenue, Portland, OR 97217 at (503) 240–9301 to obtain information concerning enforcement of this rule. SUPPLEMENTARY INFORMATION: On May 29, 2003, the Coast Guard published a final rule (68 FR 31979, which was later amended, 70 FR 33352, June 8, 2005) PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 ACTION: SUMMARY: The Coast Guard is temporarily establishing security zones around any vessel escorted by one or more Coast Guard, State, or local law enforcement assets within the Captain of the Port Zone Jacksonville, FL. No vessel or person is allowed within 100 yards of an escorted vessel, while within the navigable waters of the Captain of the Port Zone, Jacksonville, FL, unless authorized by the Captain of the Port Jacksonville, FL or designated representative. Additionally, all vessels within 500 yards of an escorted vessel in the Captain of the Port Zone Jacksonville, FL will be required to operate at a minimum speed necessary to maintain a safe course. This action is necessary to protect personnel, vessels, and facilities from sabotage or other subversive acts, accidents, or other events of a similar nature. DATES: This rule is effective from April 29, 2006, through August 1, 2006. ADDRESSES: Documents indicated in this preamble as being available in the docket, are part of docket (COTP E:\FR\FM\05MYR1.SGM 05MYR1

Agencies

[Federal Register Volume 71, Number 87 (Friday, May 5, 2006)]
[Rules and Regulations]
[Pages 26414-26416]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-4261]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD08-06-015]
RIN 1625-AA09


Drawbridge Operation Regulation; Back Bay of Biloxi, Biloxi, MS

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is removing the existing drawbridge operation 
regulation for the draw of the U.S. 90 bascule bridge across the Back 
Bay of Biloxi, mile 0.4, between Biloxi and Ocean Springs, Mississippi. 
The bridge was destroyed by Hurricane Katrina and will be replaced with 
a fixed bridge. Since the movable span of the bridge has been removed, 
the regulation controlling the opening and closing of the bridge is no 
longer necessary.

DATES: This rule is effective May 5, 2006.

ADDRESSES: Documents referred to in this rule are available for 
inspection or copying at the office of the Eighth Coast Guard District, 
Bridge Administration Branch, 500 Poydras Street, New Orleans, 
Louisiana 70130-3310,

[[Page 26415]]

between 7 a.m. and 3 p.m., Monday through Friday, except Federal 
holidays. The telephone number is (504) 589-2965. The Eighth District 
Bridge Administration Branch maintains the public docket for this 
rulemaking.

FOR FURTHER INFORMATION CONTACT: David Frank, Bridge Administration 
Branch, at (504) 589-2965.

SUPPLEMENTARY INFORMATION:

Good Cause for Not Publishing an NPRM

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM. Public comment is not 
necessary since the bridge that the regulation governed is out of 
service and mariners are no longer required to request an opening to 
transit through the bridge.

Good Cause for Making Rule Effective in Less Than 30 Days

    Under 5 U.S.C. 553(d)(3), the Coast Guard finds good cause exists 
for making this rule effective in less than 30 days after publication 
in the Federal Register. There is no need to delay the implementation 
of this rule because the bridge it governs is already out of service 
and mariners are no longer required to request an opening.

Background and Purpose

    The U.S. 90 bascule bridge across the Back Bay of Biloxi, mile 0.4, 
was destroyed by Hurricane Katrina and rendered unusable. The State of 
Mississippi determined that replacement of the movable bridge, instead 
of returning it into service, was necessary. The State of Mississippi 
received a permit to construct a new bridge on February 17, 2006. The 
movable spans of the bridge were removed following the hurricane to 
provide access to the Back Bay of Biloxi for mariners. Other portions 
of the bridge will be removed as part of the bridge replacement 
project. Since the movable span has been removed, mariners are no 
longer required to request openings for the bridge. The regulation 
governing the operation of the bridge is found in 33 CFR 117.675(a). 
The purpose of this rule is to remove 33 CFR 117.675(a) from the Code 
of Federal Regulations since it governs a bridge that is no longer in 
service and the movable span has been removed.

Discussion of Rule

    The Coast Guard is changing the regulation in 33 CFR 117 without 
publishing a NPRM. The change removes the regulation governing the 
bridge since the bridge is no longer in service and the movable span 
has been removed. This change does not affect vessel operators using 
the waterway. Thus, it is not necessary to publish a NPRM.

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). The Coast Guard does not consider this rule to be 
``significant'' under that Order because it does not affect the way 
vessels operate on the waterway.

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. This rule will have no impact on any small entities because 
it does not change the operation of the drawbridge, and it will not 
adversely affect the owners and operators of vessels needing to transit 
the bridge.

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 rule so that they can better evaluate 
its effects on them and participate in the rulemaking process.
    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 the 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 does not cause 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

[[Page 26416]]

tribes, on the relationship between the Federal Government and Indian 
tribes, or on the distribution of power and responsibilities between 
the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g. specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD, 
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. Under figure 2-1, paragraph (32)(e) of the 
Instruction, an ``Environmental Analysis Checklist'' and a 
``Categorical Exclusion Determination'' are not required for this rule.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

0
For the reasons set out in the preamble, the Coast Guard is amending 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. In Sec.  117.675, remove paragraph (a) and redesignate paragraphs 
(b) and (c) as paragraphs (a) and (b).

    Dated: April 27, 2006.
R.F. Duncan,
Rear Admiral, U.S. Coast Guard Commander, Eighth Coast Guard District.
[FR Doc. 06-4261 Filed 5-4-06; 8:45 am]
BILLING CODE 4910-15-P