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
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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]
=======================================================================
-----------------------------------------------------------------------
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
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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.
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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]
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