Drawbridge Operation Regulations; Jamaica Bay and Connecting Waterways, NY, 29869-29871 [E6-7861]
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Federal Register / Vol. 71, No. 100 / Wednesday, May 24, 2006 / Proposed Rules
regulation of surface coal mining and
reclamation operations. One of the
purposes of SMCRA is to ‘‘establish a
nationwide program to protect society
and the environment from the adverse
effects of surface coal mining
operations.’’ Section 503(a)(1) of
SMCRA requires that State laws
regulating surface coal mining and
reclamation operations be ‘‘in
accordance with’’ the requirements of
SMCRA, and section 503(a)(7) requires
that State programs contain rules and
regulations ‘‘consistent with’’
regulations issued by the Secretary
pursuant to SMCRA.
Executive Order 13175—Consultation
and Coordination With Indian Tribal
Governments
In accordance with Executive Order
13175, we have evaluated the potential
effects of this rule on Federallyrecognized Indian tribes and have
determined that the rule does not have
substantial direct effects 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 determination is based on the fact
that the Mississippi program does not
regulate coal exploration and surface
coal mining and reclamation operations
on Indian lands. Therefore, the
Mississippi program has no effect on
Federally-recognized Indian tribes.
Executive Order 13211—Regulations
That Significantly Affect The Supply,
Distribution, or Use of Energy
On May 18, 2001, the President issued
Executive Order 13211 which requires
agencies to prepare a Statement of
Energy Effects for a rule that is (1)
considered significant under Executive
Order 12866, and (2) likely to have a
significant adverse effect on the supply,
distribution, or use of energy. Because
this rule is exempt from review under
Executive Order 12866 and is not
expected to have a significant adverse
effect on the supply, distribution, or use
of energy, a Statement of Energy Effects
is not required.
sroberts on PROD1PC70 with PROPOSALS
National Environmental Policy Act
This rule does not require an
environmental impact statement
because section 702(d) of SMCRA (30
U.S.C. 1292(d)) provides that agency
decisions on proposed State regulatory
program provisions do not constitute
major Federal actions within the
meaning of section 102(2)(C) of the
National Environmental Policy Act (42
U.S.C. 4332(2)(C)).
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17:03 May 23, 2006
Jkt 208001
Paperwork Reduction Act
This rule does not contain
information collection requirements that
require approval by OMB under the
Paperwork Reduction Act (44 U.S.C.
3507 et seq.).
Regulatory Flexibility Act
29869
List of Subjects in 30 CFR Part 924
Intergovernmental relations, Surface
mining, Underground mining.
Dated: April 20, 2006.
Ervin J. Barchenger,
Acting Regional Director, Mid-Continent
Region.
[FR Doc. E6–7917 Filed 5–23–06; 8:45 am]
The Department of the Interior
certifies that this rule will not have a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.). The State submittal,
which is the subject of this rule, is based
upon counterpart Federal regulations for
which an economic analysis was
prepared and certification made that
such regulations would not have a
significant economic effect upon a
substantial number of small entities. In
making the determination as to whether
this rule would have a significant
economic impact, the Department relied
upon the data and assumptions for the
counterpart Federal regulations.
BILLING CODE 4310–05–P
Small Business Regulatory Enforcement
Fairness Act
SUMMARY: The Coast Guard proposes to
change the drawbridge operation
regulations governing the operation of
the Beach Channel railroad bridge
across Jamaica Bay, at mile 6.7, New
York. This proposed rule would allow
the Beach Channel Bridge to remain in
the closed position during the morning
and afternoon commuter rush hours
from 6:45 a.m. to 8:20 a.m. and 5 p.m.
to 6:45 p.m., Monday through Friday,
except Federal holidays. This rule is
expected to help facilitate commuter rail
traffic while continuing to meet the
present and anticipated needs of
navigation.
DATES: Comments and related material
must reach the Coast Guard on or before
July 24, 2006.
ADDRESSES: You may mail comments
and related material to Commander
(dpb), First Coast Guard District Bridge
Branch, One South Street, Battery Park
Building, New York, New York, 10004,
or deliver them to the same address
between 7 a.m. and 3 p.m., Monday
through Friday, except, Federal
holidays. The telephone number is (212)
668–7165. The First Coast Guard
District, Bridge Branch, maintains the
public docket for this rulemaking.
Comments and material received from
the public, as well as documents
indicated in this preamble as being
available in the docket, will become part
of this docket and will be available for
inspection or copying at the First Coast
Guard District, Bridge Branch, between
7 a.m. and 3 p.m., Monday through
Friday, except Federal holidays.
This rule is not a major rule under 5
U.S.C. 804(2), the Small Business
Regulatory Enforcement Fairness Act.
This rule: (a) Does not have an annual
effect on the economy of $100 million;
(b) Will not cause a major increase in
costs or prices for consumers,
individual industries, Federal, State, or
local government agencies, or
geographic regions; and (c) Does not
have significant adverse effects on
competition, employment, investment,
productivity, innovation, or the ability
of U.S.-based enterprises to compete
with foreign-based enterprises. This
determination is based upon the fact
that the State submittal, which is the
subject of this rule, is based upon
counterpart Federal regulations for
which an analysis was prepared and a
determination made that the Federal
regulation was not considered a major
rule.
Unfunded Mandates
This rule will not impose an
unfunded mandate on State, local, or
tribal governments or the private sector
of $100 million or more in any given
year. This determination is based upon
the fact that the State submittal, which
is the subject of this rule, is based upon
counterpart Federal regulations for
which an analysis was prepared and a
determination made that the Federal
regulation did not impose an unfunded
mandate.
PO 00000
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[CGD01–06–033]
RIN 1625–AA09
Drawbridge Operation Regulations;
Jamaica Bay and Connecting
Waterways, NY
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
E:\FR\FM\24MYP1.SGM
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29870
Federal Register / Vol. 71, No. 100 / Wednesday, May 24, 2006 / Proposed Rules
Ms.
Judy Leung-Yee, Project Officer, First
Coast Guard District, (212) 668–7195.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Request for Comments
We encourage you to participate in
this rulemaking by submitting
comments and related material. If you
do so, please include your name and
address, identify the docket number for
this rulemaking (CGD01–06–033),
indicate the specific section of this
document to which each comment
applies, and give the reason for each
comment. Please submit all comments
and related material in an unbound
format, no larger than 81⁄2 by 11 inches,
suitable for copying. If you would like
to know if they reached us, please
enclose a stamped, self-addressed
postcard or envelope. We will consider
all comments and material received
during the comment period. We may
change this proposed rule in view of
them.
sroberts on PROD1PC70 with PROPOSALS
Public Meeting
We do not now plan to hold a public
meeting; however, you may submit a
request for a meeting by writing to the
First Coast Guard District, Bridge
Branch, at the address under ADDRESSES
explaining why one would be
beneficial. If we determine that one
would aid this rulemaking, we will hold
one at a time and place announced by
a later notice in the Federal Register.
Background and Purpose
The Beach Channel railroad bridge
across Jamaica Bay at mile 6.7, has a
vertical clearance of 26 feet at mean
high water, and 31 feet at mean low
water in the closed position. The
existing drawbridge operating
regulations listed at 33 CFR 117.5,
require the bridge to open on signal at
all times.
Jamaica Bay facilitates both
commercial and recreational vessel
traffic.
The owner of the bridge, New York
City Transit, requested a change to the
drawbridge operation regulations to
help reduce commuter rail traffic delays
during the morning and afternoon
commuter hours.
Under this proposed rule the Beach
Channel railroad bridge would not open
for the passage of vessel traffic from 6:45
a.m. to 8:20 a.m. and from 5 p.m. to 6:45
p.m., Monday through Friday, except
Federal holidays.
On November 2, 2005, the Coast
Guard implemented a 90-day temporary
deviation with request for public
comment (70 FR 66260), to test the
above proposed rule change. The
VerDate Aug<31>2005
17:03 May 23, 2006
Jkt 208001
temporary test deviation was in effect
from December 1, 2005 through
February 28, 2006. No comments or
complaints were received in response to
the temporary test deviation.
Discussion of Proposed Rule
This proposed rule would allow the
Beach Channel railroad bridge to remain
closed for the passage of vessel traffic
from 6:45 a.m. to 8:20 a.m. and from 5
p.m. to 6:45 p.m., Monday through
Friday, except Federal holidays.
The Coast Guard reviewed the bridge
opening logs for the Beach Channel
railroad bridge from June 2002 through
May 2004. The logs indicated that there
were normally between 5 and 24 bridge
opening requests received Monday
through Friday each month between
6:45 a.m. and 8:20 a.m. and between 3
and 12 opening requests received from
5 p.m. and 6:45 p.m.
During the temporary test deviation in
effect from December 1, 2005 through
February 28, 2006, the Coast Guard
received no complaints or comments in
response to the temporary test deviation
which temporarily changed the bridge
operating schedule.
The Coast Guard believes this
proposed rule, if adopted, would help
facilitate commuter rail traffic while
continuing to meet the present and
anticipated needs of navigation.
Regulatory Evaluation
This proposed 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 proposed rule to be so minimal that
a full Regulatory Evaluation under the
regulatory policies and procedures of
DHS is unnecessary.
This conclusion is based on the fact
that vessel traffic would not be
precluded from transiting through the
Beach Channel railroad bridge each day,
except for two closures of short
duration, one in the morning, and one
in the afternoon. Mariners would simply
need to plan their daily transits in
accordance with drawbridge operation
schedule in order to help balance the
needs of both rail and marine traffic.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
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Fmt 4702
Sfmt 4702
whether this proposed 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
section 5 U.S.C. 605(b) that this
proposed rule would not have a
significant economic impact on a
substantial number of small entities.
This conclusion is based on the fact
that vessel traffic would not be
precluded from transiting through the
Beach Channel railroad bridge each day,
except for two closures of short
duration, one in the morning, and one
in the afternoon. Mariners would simply
need to plan their daily transits in
accordance with the drawbridge
operation schedule in order to help
balance the needs of both rail and
marine traffic.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 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, Commander
(dpb), First Coast Guard District, Bridge
Branch, One South Street, New York,
NY, 10004. The telephone number is
(212) 668–7165. 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 proposed 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
E:\FR\FM\24MYP1.SGM
24MYP1
Federal Register / Vol. 71, No. 100 / Wednesday, May 24, 2006 / Proposed Rules
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this proposed 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 proposed rule would not
result in such an expenditure, we do
discuss the effects of this rule elsewhere
in this preamble.
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
This proposed 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.
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
Protection of Children
Environment
We have analyzed this proposed 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.
We have analyzed this proposed rule
under Commandant Instruction
M16475.1D, which guides the Coast
Guard in complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have made a preliminary determination
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, we believe that
this rule should be categorically
excluded, under figure 2–1, paragraph
(32)(e) of the Instruction, from further
environment documentation because
this action relates to the promulgation of
operating regulations or procedures for
drawbridges. Under figure 2–1,
paragraph (32)(e) of the Instruction, an
‘‘Environmental Analysis Checklist’’ is
not required for this rule. Comments on
this section will be considered before
we make the final decision on whether
to categorically exclude this rule from
further environmental review.
Taking of Private Property
This proposed rule would not affect a
taking of private property or otherwise
have taking implications under
Executive Order 12630, Governmental
Actions and Interference with
Constitutionally Protected Property
Rights.
Civil Justice Reform
sroberts on PROD1PC70 with PROPOSALS
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 proposed rule
under Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
17:03 May 23, 2006
Regulations
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 117 as follows:
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
Authority: 33 U.S.C. 499; Department of
Homeland Security Delegation No. 0170.1; 33
CFR 1.05–1(g); section 117.255 also issued
under the authority of Pub. L. 102–587, 106
Stat. 5039.
2. In § 117.795, redesignate suspended
paragraph (b), and paragraphs (c) and
(d) as paragraphs (c), (d) and (e)
respectively, suspend newly designated
paragraph (c), and add a new paragraph
(b) to read as follows:
§ 117.795 Jamaica Bay and Connecting
Waterways.
*
*
*
*
*
(b) The draw of the Beach Channel
railroad bridge shall open on signal;
except that, the draw need not open for
the passage of vessel traffic, 6:45 a.m. to
8:20 a.m. and 5 p.m. to 6:45 p.m.,
Monday through Friday, except Federal
holidays.
*
*
*
*
*
Dated: May 4, 2006
David P. Pekoske,
Rear Admiral, U.S. Coast Guard, Commander,
First Coast Guard District.
[FR Doc. E6–7861 Filed 5–23–06; 8:45 am]
BILLING CODE 4910–15–P
Indian Tribal Governments
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29871
Jkt 208001
List of Subjects in 33 CFR Part 117
Bridges.
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[CGD13–06–015]
RIN 1625–AA09
Drawbridge Operation Regulations;
Duwamish Waterway, Seattle, WA
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
SUMMARY: The Coast Guard proposes to
temporarily change the operating
regulations for the First Avenue South
dual drawbridges across the Duwamish
Waterway, mile 2.5, at Seattle,
Washington. The proposed change
would enable the bridge owner to keep
the bridges closed during night hours
for a period longer than 60 days. This
would facilitate painting the structure
while properly containing debris and
paint.
E:\FR\FM\24MYP1.SGM
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]]>Agencies
[Federal Register Volume 71, Number 100 (Wednesday, May 24, 2006)]
[Proposed Rules]
[Pages 29869-29871]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-7861]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD01-06-033]
RIN 1625-AA09
Drawbridge Operation Regulations; Jamaica Bay and Connecting
Waterways, NY
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to change the drawbridge operation
regulations governing the operation of the Beach Channel railroad
bridge across Jamaica Bay, at mile 6.7, New York. This proposed rule
would allow the Beach Channel Bridge to remain in the closed position
during the morning and afternoon commuter rush hours from 6:45 a.m. to
8:20 a.m. and 5 p.m. to 6:45 p.m., Monday through Friday, except
Federal holidays. This rule is expected to help facilitate commuter
rail traffic while continuing to meet the present and anticipated needs
of navigation.
DATES: Comments and related material must reach the Coast Guard on or
before July 24, 2006.
ADDRESSES: You may mail comments and related material to Commander
(dpb), First Coast Guard District Bridge Branch, One South Street,
Battery Park Building, New York, New York, 10004, or deliver them to
the same address between 7 a.m. and 3 p.m., Monday through Friday,
except, Federal holidays. The telephone number is (212) 668-7165. The
First Coast Guard District, Bridge Branch, maintains the public docket
for this rulemaking. Comments and material received from the public, as
well as documents indicated in this preamble as being available in the
docket, will become part of this docket and will be available for
inspection or copying at the First Coast Guard District, Bridge Branch,
between 7 a.m. and 3 p.m., Monday through Friday, except Federal
holidays.
[[Page 29870]]
FOR FURTHER INFORMATION CONTACT: Ms. Judy Leung-Yee, Project Officer,
First Coast Guard District, (212) 668-7195.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CGD01-06-
033), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know if
they reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting; however, you may
submit a request for a meeting by writing to the First Coast Guard
District, Bridge Branch, at the address under ADDRESSES explaining why
one would be beneficial. If we determine that one would aid this
rulemaking, we will hold one at a time and place announced by a later
notice in the Federal Register.
Background and Purpose
The Beach Channel railroad bridge across Jamaica Bay at mile 6.7,
has a vertical clearance of 26 feet at mean high water, and 31 feet at
mean low water in the closed position. The existing drawbridge
operating regulations listed at 33 CFR 117.5, require the bridge to
open on signal at all times.
Jamaica Bay facilitates both commercial and recreational vessel
traffic.
The owner of the bridge, New York City Transit, requested a change
to the drawbridge operation regulations to help reduce commuter rail
traffic delays during the morning and afternoon commuter hours.
Under this proposed rule the Beach Channel railroad bridge would
not open for the passage of vessel traffic from 6:45 a.m. to 8:20 a.m.
and from 5 p.m. to 6:45 p.m., Monday through Friday, except Federal
holidays.
On November 2, 2005, the Coast Guard implemented a 90-day temporary
deviation with request for public comment (70 FR 66260), to test the
above proposed rule change. The temporary test deviation was in effect
from December 1, 2005 through February 28, 2006. No comments or
complaints were received in response to the temporary test deviation.
Discussion of Proposed Rule
This proposed rule would allow the Beach Channel railroad bridge to
remain closed for the passage of vessel traffic from 6:45 a.m. to 8:20
a.m. and from 5 p.m. to 6:45 p.m., Monday through Friday, except
Federal holidays.
The Coast Guard reviewed the bridge opening logs for the Beach
Channel railroad bridge from June 2002 through May 2004. The logs
indicated that there were normally between 5 and 24 bridge opening
requests received Monday through Friday each month between 6:45 a.m.
and 8:20 a.m. and between 3 and 12 opening requests received from 5
p.m. and 6:45 p.m.
During the temporary test deviation in effect from December 1, 2005
through February 28, 2006, the Coast Guard received no complaints or
comments in response to the temporary test deviation which temporarily
changed the bridge operating schedule.
The Coast Guard believes this proposed rule, if adopted, would help
facilitate commuter rail traffic while continuing to meet the present
and anticipated needs of navigation.
Regulatory Evaluation
This proposed 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 proposed rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary.
This conclusion is based on the fact that vessel traffic would not
be precluded from transiting through the Beach Channel railroad bridge
each day, except for two closures of short duration, one in the
morning, and one in the afternoon. Mariners would simply need to plan
their daily transits in accordance with drawbridge operation schedule
in order to help balance the needs of both rail and marine traffic.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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 section 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
This conclusion is based on the fact that vessel traffic would not
be precluded from transiting through the Beach Channel railroad bridge
each day, except for two closures of short duration, one in the
morning, and one in the afternoon. Mariners would simply need to plan
their daily transits in accordance with the drawbridge operation
schedule in order to help balance the needs of both rail and marine
traffic.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 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, Commander (dpb), First Coast
Guard District, Bridge Branch, One South Street, New York, NY, 10004.
The telephone number is (212) 668-7165. 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 proposed 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
[[Page 29871]]
would either preempt State law or impose a substantial direct cost of
compliance on them. We have analyzed this proposed 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 proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would not affect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this proposed 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 proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed rule under Commandant Instruction
M16475.1D, which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination 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, we believe that this rule should
be categorically excluded, under figure 2-1, paragraph (32)(e) of the
Instruction, from further environment documentation because this action
relates to the promulgation of operating regulations or procedures for
drawbridges. Under figure 2-1, paragraph (32)(e) of the Instruction, an
``Environmental Analysis Checklist'' is not required for this rule.
Comments on this section will be considered before we make the final
decision on whether to categorically exclude this rule from further
environmental review.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
1. The authority citation for part 117 continues to read as
follows:
Authority: 33 U.S.C. 499; Department of Homeland Security
Delegation No. 0170.1; 33 CFR 1.05-1(g); section 117.255 also issued
under the authority of Pub. L. 102-587, 106 Stat. 5039.
2. In Sec. 117.795, redesignate suspended paragraph (b), and
paragraphs (c) and (d) as paragraphs (c), (d) and (e) respectively,
suspend newly designated paragraph (c), and add a new paragraph (b) to
read as follows:
Sec. 117.795 Jamaica Bay and Connecting Waterways.
* * * * *
(b) The draw of the Beach Channel railroad bridge shall open on
signal; except that, the draw need not open for the passage of vessel
traffic, 6:45 a.m. to 8:20 a.m. and 5 p.m. to 6:45 p.m., Monday through
Friday, except Federal holidays.
* * * * *
Dated: May 4, 2006
David P. Pekoske,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. E6-7861 Filed 5-23-06; 8:45 am]
BILLING CODE 4910-15-P
