Drawbridge Operation Regulations; Lake Washington Ship Canal, WA, 26832-26834 [06-4322]
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26832
Federal Register / Vol. 71, No. 89 / Tuesday, May 9, 2006 / Rules and Regulations
until 11 a.m. on June 3, 2006. There are
no alternate routes for vessels transiting
this section of the Upper Mississippi
River.
The Rock Island Railroad and
Highway Drawbridge, in the closed-tonavigation position, provides a vertical
clearance of 23.8 feet above normal
pool. Navigation on the waterway
consists primarily of commercial tows
and recreational watercraft. This
deviation has been coordinated with
waterway users. No objections were
received.
In accordance with 33 CFR 117.35(c),
this work will be performed with all due
speed in order to return the bridge to
normal operation as soon as possible.
This deviation from the operating
regulations is authorized under 33 CFR
117.35.
Dated: April 28, 2006.
Roger K. Wiebusch,
Bridge Administrator.
[FR Doc. 06–4324 Filed 5–8–06; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[CGD08–06–018]
RIN 1625–AA09
Drawbridge Operation Regulations;
Upper Mississippi River, Iowa and
Illinois
Coast Guard, DHS.
Notice of temporary deviation
from regulations.
AGENCY:
mstockstill on PROD1PC68 with RULES
ACTION:
SUMMARY: The Commander, Eighth
Coast Guard District has issued a
temporary deviation from the regulation
governing the operations of the Rock
Island Railroad and Highway
Drawbridge, Mile 482.9, Rock Island,
Illinois across the Upper Mississippi
River. This deviation allows the bridge
to remain closed to navigation from 8
a.m. until 11 a.m. on September 24,
2006. The deviation is necessary to
allow time for repairs to mechanical
components essential to the continued
safe operation of the drawbridge.
DATES: This temporary deviation is
effective from 8 a.m. until 11 a.m. on
September 24, 2006.
ADDRESSES: Materials referred to in this
document are available for inspection or
copying at Room 2.107F in the Robert A.
Young Federal Building, 1222 Spruce
Street, St. Louis, MO 63103–2832,
VerDate Aug<31>2005
15:32 May 08, 2006
Jkt 208001
between 8 a.m. and 4 p.m., Monday
through Friday, except Federal holidays.
The Eighth Coast Guard District Bridge
Administration Branch maintains the
public docket for this temporary
deviation.
DEPARTMENT OF HOMELAND
SECURITY
Roger
K. Wiebusch, Bridge Administrator,
(314) 539–3900, extension 2378.
[CGD13–06–014]
FOR FUTHER INFORMATION CONTACT:
The Rock
Island Arsenal requested a temporary
deviation to allow time to conduct
repairs to the Rock Island Railroad and
Highway Drawbridge, mile 482.9, at
Rock Island, Illinois across the Upper
Mississippi River. The Rock Island
Railroad and Highway Drawbridge
currently operates in accordance with
33 CFR 117.5 which requires the
drawbridge to open promptly and fully
for passage of vessels when a request to
open is given in accordance with 33
CFR part 117, subpart A. In order to
facilitate required bridge maintenance,
the bridge must be kept in the closedto-navigation position. This deviation
allows the drawbridge to remain closed
to navigation for three hours from 8 a.m.
until 11 a.m. on September 24, 2006.
There are no alternate routes for vessels
transiting this section of the Upper
Mississippi River.
The Rock Island Railroad and
Highway Drawbridge, in the closed-tonavigation position, provides a vertical
clearance of 23.8 feet above normal
pool. Navigation on the waterway
consists primarily of commercial tows
and recreational watercraft. This
deviation has been coordinated with
waterway users. No objections were
received.
In accordance with 33 CFR 117.35(c),
this work will be performed with all due
speed in order to return the bridge to
normal operation as soon as possible.
This deviation from the operating
regulations is authorized under 33 CFR
117.35.
SUPPLEMENTARY INFORMATION:
Dated: April 28, 2006.
Roger K. Wiebusch,
Bridge Administrator.
[FR Doc. 06–4323 Filed 5–8–06; 8:45 am]
BILLING CODE 4910–15–P
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
Coast Guard
33 CFR Part 117
RIN 1625–AA09
Drawbridge Operation Regulations;
Lake Washington Ship Canal, WA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
temporarily revising the drawbridge
operation regulations for the Ballard
Bridge, mile 1.1, and the Fremont
Bridge, mile 2.6, across the Lake
Washington Ship Canal at Seattle,
Washington. The temporary change will
increase the two daily closed draw
periods by one hour each from May 30,
2006 through March 30, 2007. This will
facilitate road traffic, which will be
severely limited by lane closures during
the rebuilding of the approaches to the
Fremont Bridge.
DATES: This temporary rule is effective
from May 30, 2006 to March 30, 2007.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket [CGD13–06–
014] and are available for inspection or
copying at the Waterways Management
Branch, 13th Coast Guard District, 915
Second Avenue, Seattle, WA 98174–
1067 between 7:30 a.m. and 4 p.m.,
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT:
Austin Pratt, Chief, Bridge Section,
(206) 220–7282.
SUPPLEMENTARY INFORMATION:
Regulatory Information
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. The City
of Seattle requested this temporary
change after first studying traffic signals,
lane closures and other aspects of the
project before concluding that this
change might significantly mitigate
traffic congestion on the affected
arterials with minimal impact to
navigation. The change would affect
only one or two draw openings per day
on average. The city, which owns the
bridges, has conducted public outreach
concerning the project and its request to
change the operating schedule of the
drawspans temporarily. This has
included several neighborhood meetings
in the project area. In addition, the
E:\FR\FM\09MYR1.SGM
09MYR1
Federal Register / Vol. 71, No. 89 / Tuesday, May 9, 2006 / Rules and Regulations
Coast Guard has consulted directly with
the regular commercial users of the
waterway to determine that significant
economic impact will not occur. Most
recreational and commercial vessel
operators are accustomed to the existing
closed periods and will be able to adjust
transit times to the temporary increase.
mstockstill on PROD1PC68 with RULES
Background and Purpose
The temporary rule will enable the
Seattle Department of Transportation
(SDOT), the owner of the bridges, to
rebuild the approaches of the Fremont
Bridge and compensate partly during
construction for the reduced road
capacity. Necessary lane closures during
the project would reduce traffic capacity
by half on the Fremont Bridge. The
Ballard Bridge to the west is an alternate
parallel route. It is also a bascule bridge
like the Fremont Bridge and has the
same operating regulations. The bridge
owner requested that the current closed
periods of both bridges be extended
Monday through Friday from 7 a.m.–9
a.m. to 7 a.m.–10 a.m. and from 4 p.m.–
6 p.m. to 3:30 p.m.–6:30 p.m.
The road surface and drawspans
receive heavy use. Both bridges are on
major city arterials that are also
commuter routes. The Lake Washington
Ship Canal is a major commercial and
recreational waterway in Seattle. Tugs,
barges, motor yachts, small freighters,
sailboats, and government vessels travel
the canal. Government vessels include
those of the Coast Guard, National
Oceanographic and Atmospheric
Administration, University of
Washington, Seattle Police and Fire
Departments, etc. Lake Union Shipyard
is located inland of both bridges.
The Coast Guard has examined the
number of openings at these bridges
from May 2004 to May 2005, a period
comparable to the one affected
temporarily. The number of openings in
this year of records ranges from 159 to
327 in each time segment proposed in
this rule. For example, in the morning
extension from 9 a.m. to 10 a.m. the
Ballard draw opened 224 times.
However, when these openings are
averaged for the entire period examined,
the average number of openings for each
extension ranges from less than one to
less than two per day. In other words,
the increased duration of the temporary
closed periods has little effect on the
potential openings during the average
day of the week. For this reason, the
temporary operating schedule does not
seem unreasonably burdensome to
mariners already accustomed to closed
periods at these bridges. It does seem
likely that the draws might remain open
a little longer to pass a few extra vessels
VerDate Aug<31>2005
15:32 May 08, 2006
Jkt 208001
at the end of these temporary periods of
draw closure.
Discussion of Proposed Rule
The operating regulations currently in
effect for the Ballard and Fremont
Drawbridge are found at 33 CFR
117.1051. A one-hour extension of the
morning and afternoon closed periods
will help accommodate traffic that
would already be impeded by lane
closures during the construction at the
Fremont Bridge. The current weekday
periods are from 7 a.m. to 9 a.m. and
from 4 p.m. to 6 p.m. These periods
approximate the peak commuter traffic
hours on these busy arterials. The
proposed periods would be 7 a.m. to 10
a.m. and from 3:30 p.m. to 6:30 p.m.
These periods would also apply to these
Federal holidays, which are otherwise
exempt from these closed periods:
Martin Luther King’s Birthday,
President’s Day, and Veteran’s Day.
These holidays continue to have heavy
traffic volumes. Vessels of one thousand
gross tons may receive an opening of the
draw at any time. These requests are not
frequent.
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.
We expect the economic impact of
this rule to be so minimal that a full
Regulatory Evaluation under the
regulatory policies and procedures of
DHS is unnecessary.
With regards to the temporary
changes, we reached this conclusion
based on the fact that most vessel
operators are accustomed to closed
periods already on these bridges.
Furthermore, they should be able to
plan transits in advance and being
locally based for the most part will soon
adjust to the temporary change.
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
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Fmt 4700
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26833
governmental jurisdictions with
populations of less than 50,000.
The Coast Guard certifies under 5
U.S.C. 605(b) that this rule would not
have a significant economic impact on
a substantial number of small entities.
This is attributed to the small number
of potential openings that would be
affected on a daily basis.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule so that
they can better evaluate its effects on
them and participate in the rulemaking.
If the rule would affect your small
business, organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact Austin Pratt,
Chief, Bridge Section, at (206) 220–
7282. The Coast Guard will not retaliate
against small entities that question or
complain about this rule or any policy
or action of the Coast Guard.
Collection of Information
This rule would call for no new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520.).
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this 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.
E:\FR\FM\09MYR1.SGM
09MYR1
26834
Federal Register / Vol. 71, No. 89 / Tuesday, May 9, 2006 / Rules and Regulations
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 would not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
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
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
Information and Regulatory Affairs has
not designated this as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
For the reasons discussed in the
preamble, the Coast Guard temporarily
amends 33 CFR part 117 as follows:
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
I
Authority: 33 U.S.C. 499; 33 CFR 1.05–1(g);
Department of Homeland Security Delegation
No. 0170.1; section 117.255 also issued under
the authority of Pub. L. 102–587, 106 Stat.
5039.
2. From May 30, 2006 to March 30,
2007 amend § 117.1051 by suspending
paragraph (d)(2) and adding paragraph
(d)(4) to read as follows:
I
Technical Standards
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BILLING CODE 4910–15–P
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. There are no expected
environmental consequences of the
proposed action that would require
further analysis and documentation.
I
Energy Effects
§ 117.1051
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.
*
VerDate Aug<31>2005
15:32 May 08, 2006
Jkt 208001
Lake Washington Ship Canal.
*
*
*
*
(d) * * *
(4) The draws of the Ballard and
Fremont Bridges need not open from 7
a.m. to 10 a.m. and from 3:30 p.m. to
6:30 p.m., Monday through Friday,
except on all Federal holidays, but
Columbus Day, Martin Luther King Day,
President’s Day, and Veteran’s Day. The
draw of the University Bridge need not
open from 7 a.m. to 9 a.m. and from 4
p.m. to 6 p.m., Monday through Friday,
except Federal holidays. A vessel of any
size towing another vessel of 1000 gross
tons or more shall receive an opening on
signal at any of these draws at any time.
*
*
*
*
*
PO 00000
Frm 00018
Dated: April 28, 2006.
R.R. Houck,
Rear Admiral, U.S. Coast Guard, Commander,
Thirteenth Coast Guard District.
[FR Doc. 06–4322 Filed 5–8–06; 8:45 am]
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Sfmt 4700
NATIONAL ARCHIVES AND RECORDS
ADMINISTRATION
36 CFR Part 1200
RIN 3095–AB48
Official Seals and Logos
National Archives and Records
Administration (NARA).
ACTION: Final rule.
AGENCY:
SUMMARY: The National Archives and
Records Administration (NARA) is
modifying its regulations on the use of
official NARA seals and logos by the
public and other Federal agencies by
updating two of the logos that are used.
This part applies to the public and other
Federal agencies.
DATES: This rule is effective June 8,
2006.
Kim
Richardson at telephone number 301–
837–2902 or fax number 301–837–0319.
SUPPLEMENTARY INFORMATION: NARA
published a proposed rule on February
24, 2006, at 71 FR 9503, for a 60-day
public comment period. NARA did not
receive any comments and therefore, we
are not making any changes in this final
rule.
This final rule is not a significant
regulatory action for the purposes of
Executive Order 12866 and has not been
reviewed by the Office of Management
and Budget. This rule is not a major rule
as defined in 5 U.S.C. chapter 8,
Congressional Review of Agency
Rulemaking. As required by the
Regulatory Flexibility Act, I certify that
this rule will not have a significant
impact on a substantial number of small
entities. This regulation does not have
any federalism implications.
FOR FURTHER INFORMATION CONTACT:
List of Subjects in 36 CFR Part 1200
Seals and insignia.
For the reasons set forth in the
preamble, NARA is amending part 1200
of title 36, Code of Federal Regulations,
as follows:
I
PART 1200—OFFICIAL SEALS
1. The authority citation for part 1200
continues to read as follows:
I
Authority: 18 U.S.C. 506, 701, and 1017; 44
U.S.C. 2104(e), 2116(b), 2302.
E:\FR\FM\09MYR1.SGM
09MYR1
Agencies
[Federal Register Volume 71, Number 89 (Tuesday, May 9, 2006)]
[Rules and Regulations]
[Pages 26832-26834]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-4322]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD13-06-014]
RIN 1625-AA09
Drawbridge Operation Regulations; Lake Washington Ship Canal, WA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is temporarily revising the drawbridge
operation regulations for the Ballard Bridge, mile 1.1, and the Fremont
Bridge, mile 2.6, across the Lake Washington Ship Canal at Seattle,
Washington. The temporary change will increase the two daily closed
draw periods by one hour each from May 30, 2006 through March 30, 2007.
This will facilitate road traffic, which will be severely limited by
lane closures during the rebuilding of the approaches to the Fremont
Bridge.
DATES: This temporary rule is effective from May 30, 2006 to March 30,
2007.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket [CGD13-06-014] and are available for
inspection or copying at the Waterways Management Branch, 13th Coast
Guard District, 915 Second Avenue, Seattle, WA 98174-1067 between 7:30
a.m. and 4 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Austin Pratt, Chief, Bridge Section,
(206) 220-7282.
SUPPLEMENTARY INFORMATION:
Regulatory Information
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. The City of Seattle requested
this temporary change after first studying traffic signals, lane
closures and other aspects of the project before concluding that this
change might significantly mitigate traffic congestion on the affected
arterials with minimal impact to navigation. The change would affect
only one or two draw openings per day on average. The city, which owns
the bridges, has conducted public outreach concerning the project and
its request to change the operating schedule of the drawspans
temporarily. This has included several neighborhood meetings in the
project area. In addition, the
[[Page 26833]]
Coast Guard has consulted directly with the regular commercial users of
the waterway to determine that significant economic impact will not
occur. Most recreational and commercial vessel operators are accustomed
to the existing closed periods and will be able to adjust transit times
to the temporary increase.
Background and Purpose
The temporary rule will enable the Seattle Department of
Transportation (SDOT), the owner of the bridges, to rebuild the
approaches of the Fremont Bridge and compensate partly during
construction for the reduced road capacity. Necessary lane closures
during the project would reduce traffic capacity by half on the Fremont
Bridge. The Ballard Bridge to the west is an alternate parallel route.
It is also a bascule bridge like the Fremont Bridge and has the same
operating regulations. The bridge owner requested that the current
closed periods of both bridges be extended Monday through Friday from 7
a.m.-9 a.m. to 7 a.m.-10 a.m. and from 4 p.m.-6 p.m. to 3:30 p.m.-6:30
p.m.
The road surface and drawspans receive heavy use. Both bridges are
on major city arterials that are also commuter routes. The Lake
Washington Ship Canal is a major commercial and recreational waterway
in Seattle. Tugs, barges, motor yachts, small freighters, sailboats,
and government vessels travel the canal. Government vessels include
those of the Coast Guard, National Oceanographic and Atmospheric
Administration, University of Washington, Seattle Police and Fire
Departments, etc. Lake Union Shipyard is located inland of both
bridges.
The Coast Guard has examined the number of openings at these
bridges from May 2004 to May 2005, a period comparable to the one
affected temporarily. The number of openings in this year of records
ranges from 159 to 327 in each time segment proposed in this rule. For
example, in the morning extension from 9 a.m. to 10 a.m. the Ballard
draw opened 224 times. However, when these openings are averaged for
the entire period examined, the average number of openings for each
extension ranges from less than one to less than two per day. In other
words, the increased duration of the temporary closed periods has
little effect on the potential openings during the average day of the
week. For this reason, the temporary operating schedule does not seem
unreasonably burdensome to mariners already accustomed to closed
periods at these bridges. It does seem likely that the draws might
remain open a little longer to pass a few extra vessels at the end of
these temporary periods of draw closure.
Discussion of Proposed Rule
The operating regulations currently in effect for the Ballard and
Fremont Drawbridge are found at 33 CFR 117.1051. A one-hour extension
of the morning and afternoon closed periods will help accommodate
traffic that would already be impeded by lane closures during the
construction at the Fremont Bridge. The current weekday periods are
from 7 a.m. to 9 a.m. and from 4 p.m. to 6 p.m. These periods
approximate the peak commuter traffic hours on these busy arterials.
The proposed periods would be 7 a.m. to 10 a.m. and from 3:30 p.m. to
6:30 p.m. These periods would also apply to these Federal holidays,
which are otherwise exempt from these closed periods: Martin Luther
King's Birthday, President's Day, and Veteran's Day. These holidays
continue to have heavy traffic volumes. Vessels of one thousand gross
tons may receive an opening of the draw at any time. These requests are
not frequent.
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.
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation under the regulatory policies and procedures
of DHS is unnecessary.
With regards to the temporary changes, we reached this conclusion
based on the fact that most vessel operators are accustomed to closed
periods already on these bridges. Furthermore, they should be able to
plan transits in advance and being locally based for the most part will
soon adjust to the temporary change.
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
would not have a significant economic impact on a substantial number of
small entities. This is attributed to the small number of potential
openings that would be affected on a daily basis.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact Austin Pratt, Chief, Bridge
Section, at (206) 220-7282. The Coast Guard will not retaliate against
small entities that question or complain about this rule or any policy
or action of the Coast Guard.
Collection of Information
This rule would call for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this 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.
[[Page 26834]]
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 would not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this 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 Information and Regulatory Affairs has
not designated this 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. There are no expected environmental
consequences of the proposed action that would require further analysis
and documentation.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
0
For the reasons discussed in the preamble, the Coast Guard temporarily
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; 33 CFR 1.05-1(g); Department of
Homeland Security Delegation No. 0170.1; section 117.255 also issued
under the authority of Pub. L. 102-587, 106 Stat. 5039.
0
2. From May 30, 2006 to March 30, 2007 amend Sec. 117.1051 by
suspending paragraph (d)(2) and adding paragraph (d)(4) to read as
follows:
Sec. 117.1051 Lake Washington Ship Canal.
* * * * *
(d) * * *
(4) The draws of the Ballard and Fremont Bridges need not open from
7 a.m. to 10 a.m. and from 3:30 p.m. to 6:30 p.m., Monday through
Friday, except on all Federal holidays, but Columbus Day, Martin Luther
King Day, President's Day, and Veteran's Day. The draw of the
University Bridge need not open from 7 a.m. to 9 a.m. and from 4 p.m.
to 6 p.m., Monday through Friday, except Federal holidays. A vessel of
any size towing another vessel of 1000 gross tons or more shall receive
an opening on signal at any of these draws at any time.
* * * * *
Dated: April 28, 2006.
R.R. Houck,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard
District.
[FR Doc. 06-4322 Filed 5-8-06; 8:45 am]
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