Drawbridge Operation Regulations; Massalina Bayou, Panama City, FL, 30058-30060 [E6-8072]

Download as PDF 30058 Federal Register / Vol. 71, No. 101 / Thursday, May 25, 2006 / Rules and Regulations Providers and their affiliated NPPs may communicate as necessary to preserve the safety and reliability of the grid, the interconnection, and the NPP. The Commission agrees with Exelon that it may be necessary for the Transmission Provider and the NPP to discuss specific technical information. 11. Accordingly, the Commission specifically clarifies that ‘‘information on grid disturbances and the duration of power unavailability’’ as used in the Interpretive Order encompasses specific information about transmission system conditions on a real-time basis, including: (i) A technical description of the grid disturbance, along with its specific location on the system; (ii) the grid elements, whether lines, substations, or other elements, that may be affected by the disturbance, and their specific locations on the system; (iii) the projected duration of the disturbance; and (iv) steps being taken by the Transmission Provider to resolve the disturbance. III. Document Availability jlentini on PROD1PC65 with RULES 12. In addition to publishing the full text of this document in the Federal Register, the Commission provides all interested persons an opportunity to view and/or print the contents of this document via the Internet through the Commission’s Home Page (https:// www.ferc.gov) and in the Commission’s Public Reference Room during normal business hours (8:30 a.m. to 5 p.m. Eastern time) at 888 First Street, NE., Room 2A, Washington, DC 20426. 13. From the Commission’s Home Page on the Internet, this information is available in the Commission’s document management system, eLibrary. The full text of this document is available on eLibrary in PDF and Microsoft Word format for viewing, printing, and/or downloading. To access this document in eLibrary, type the docket number excluding the last three digits of this document in the docket number field. 14. User assistance is available for eLibrary and the Commission’s Web site during normal business hours. For assistance, please contact FERC Online Support at 1–866–208–3676 (toll free) or (202) 502–8222 (e-mail at FERCOnlineSupport@FERC.gov), or the Public Reference Room at (202) 502– 8371, TTY (202) 502–8659 (e-mail at public.referenceroom@ferc.gov). By the Commission. Magalie R. Salas, Secretary. [FR Doc. 06–4841 Filed 5–24–06; 8:45 am] BILLING CODE 6717–01–P VerDate Aug<31>2005 15:40 May 24, 2006 Jkt 208001 DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [CGD08–06–016] RIN 1625–AA09 Drawbridge Operation Regulations; Massalina Bayou, Panama City, FL Coast Guard, DHS. Temporary rule. AGENCY: ACTION: SUMMARY: The Commander, Eighth Coast Guard District, has temporarily changed the regulation governing the operation of the Tarpon Dock bascule span drawbridge across Massalina Bayou, mile 0.0, at Panama City, Bay County, Florida. The regulation will allow the draw of the bridge to remain closed to navigation for one hour to facilitate the American Heart Walk. DATES: This temporary rule is effective from 9 a.m. to 10 a.m. on October 28, 2006. ADDRESSES: Documents indicated in this preamble as being available in the docket are part of docket [CGD08–06– 016] and 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, 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, (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. Thousands of pedestrians will cross the bridge during the event and this temporary rule is necessary to ensure their safety as they cross the bridge. Additionally, the event will only impact the waterway users for one hour and will open for vessels in distress. Background and Purpose The American Heart Association, on behalf of the City of Panama City, has requested a temporary rule changing the operation of the Tarpon Dock bascule span drawbridge across Massalina PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 Bayou, mile 0.0, in Panama City, Bay County, Florida. This temporary rule is needed to accommodate approximately 2,000 pedestrians that are expected to participate in a 3.5-mile walk. The bridge is near the beginning of the walk and allowing the bridge to open for navigation during this short time period would disrupt the event and could result in injury. The bridge has a vertical clearance of 7 feet above mean high water in the closed-to-navigation position and unlimited in the open-tonavigation position. Navigation on the waterway consists primarily of commercial fishing vessels, sailing vessels and other recreational craft. Presently, 33 CFR 117.301 states: ‘‘The draw of the Tarpon Dock bascule span bridge, Massalina Bayou, mile 0.0, shall open on signal; except that from 9 p.m. until 11 p.m. on July 4, each year, the draw need not open for the passage of vessels. The draw will open at any time for a vessel in distress.’’ This temporary rule will allow the bridge to be maintained in the closed-to-navigation position from 9 a.m. to 10 a.m. on October 28, 2006 to facilitate the American Heart Walk. Discussion of Rule The Coast Guard is temporarily changing the regulation in 33 CFR part 117. The temporary change allows the bridge to remain closed for one hour to facilitate a community activity and will minimally affect waterway users wishing to transit through the bridge on this date. This event is an annual event and waterway users have never expressed any concerns regarding the delays to facilitate this event. 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). 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. This temporary rule will be only one hour in duration and is therefore expected to have only a minor affect on the local economy. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601–612), we have considered E:\FR\FM\25MYR1.SGM 25MYR1 Federal Register / Vol. 71, No. 101 / Thursday, May 25, 2006 / Rules and Regulations 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 temporary rule will not have a significant economic impact on a substantial number of small entities. This rule may affect the following entities, some of which may be small entities: The owners or operators of vessels intending to transit through the Tarpon dock bridge across Massalina Bayou during the closure. There is not expected to be a significant impact due to the short duration of the closure and the publicity given to the event. 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). jlentini on PROD1PC65 with RULES 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 VerDate Aug<31>2005 15:40 May 24, 2006 Jkt 208001 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 may disproportionately affect children. Indian Tribal Governments This rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. Energy Effects We have analyzed this rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a ‘‘significant energy action’’ under that order because it is not a ‘‘significant regulatory action’’ under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211. PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 30059 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, and Department of Homeland Security Management Directive 5100.1, 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 Check List’’ and a ‘‘Categorical Exclusion Determination’’ are not required for this rule. List of Subjects in 33 CFR Part 117 Bridges. Regulations For the reasons set out in the preamble, the Coast Guard amends 33 CFR part 117 as follows: I PART 117—DRAWBRIDGE OPERATION REGULATIONS 1. The authority citation for part 117 continues to read as follows: I Authority: 33 U.S.C. 499; 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. Effective 9 a.m. until 10 a.m. on October 28, 2006, § 117.301 is temporarily suspended and a new § 117.T302 is added to read as follows: I E:\FR\FM\25MYR1.SGM 25MYR1 30060 Federal Register / Vol. 71, No. 101 / Thursday, May 25, 2006 / Rules and Regulations § 117.T302 Massalina Bayou. SUPPLEMENTARY INFORMATION: The draw of the Tarpon Dock bascule span bridge, Massalina Bayou, mile 0.0, shall open on signal; except that from 9 a.m. until 10 a.m. on October 28, 2006, the draw need not open for the passage of vessels. The draw will open at any time for a vessel in distress. Dated: May 16, 2006. Ronald W. Branch, Captain, U.S.Coast Guard, Commander, 8th Coast Guard Dist., Acting. [FR Doc. E6–8072 Filed 5–24–06; 8:45 am] BILLING CODE 4910–15–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [CGD05–06–052] RIN 1625–AA87 Security Zone; Severn River and College Creek, Annapolis, MD Coast Guard, DHS. Temporary final rule. AGENCY: jlentini on PROD1PC65 with RULES ACTION: SUMMARY: The Coast Guard is establishing a temporary security zone encompassing the waters of the Severn River and College Creek in order to safeguard high-ranking public officials from terrorist acts and incidents during the U.S. Naval Academy graduation ceremony on May 26, 2006. This action is necessary to ensure the safety of persons and property, and prevent terrorist acts or incidents. This rule prohibits vessels and people from entering the security zone and requires vessels and persons in the security zone to depart the security zone, unless specifically exempt under the provisions in this rule or granted specific permission from the Coast Guard Captain of the Port Baltimore. DATES: This rule is effective from 7:30 a.m. to 2 p.m. on May 26, 2006. ADDRESSES: Documents indicated in this preamble as being available in the docket are part of docket CGD05–06– 052 and are available for inspection or copying at Commander, Coast Guard Sector Baltimore, 2401 Hawkins Point Road, Baltimore, Maryland 21226–1791, between 9 a.m. and 4 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Mr. Ronald Houck, Waterways Management Division, at Commander, Coast Guard Sector Baltimore, 2401 Hawkins Point Road, Baltimore, Maryland 21226–1791, telephone number (410) 576–2674. VerDate Aug<31>2005 15:40 May 24, 2006 Jkt 208001 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 and for making this rule effective less than 30 days after publication in the Federal Register. The Coast Guard is establishing this security zone to coordinate security operations and establish a secure environment for this highly visible and publicized event. The publication of an NPRM is impracticable and contrary to the public interest as immediate action is necessary to protect high-ranking public officials and the public from terrorist acts and incidents during the U.S. Naval Academy graduation ceremony on May 26, 2006. This temporary security zone of short duration is necessary to provide for the security of high-ranking officials and the public at large. For the same reasons, under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. The measures contemplated by the rule are intended to protect high-ranking public officials and the public from waterborne acts of terrorism, which terrorists have demonstrated a capability to carry out. Immediate action is needed to defend against and deter these terrorist acts. Any delay in the effective date of this rule is contrary to public and national interests. Background and Purpose On May 26, 2006, the Vice President of the United States, Richard B. Cheney, will attend the commencement at the U.S. Naval Academy in Annapolis, Maryland. Due to increased awareness that future terrorist attacks are possible the Coast Guard, as lead federal agency for maritime homeland security, has determined that the Coast Guard Captain of the Port must have the means to be aware of, deter, detect, intercept, and respond to asymmetric threats, acts of aggression, and attacks by terrorists on the American homeland while still maintaining our freedoms and sustaining the flow of commerce. This security zone is part of a comprehensive port security regime designed to safeguard human life, vessels, and waterfront facilities against sabotage or terrorist attacks. The Captain of the Port is establishing a security zone to address the aforementioned security concerns and to take steps to prevent the catastrophic impact that a terrorist attack against a PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 gathering of high-ranking officials at or near Annapolis, Maryland, would have. This temporary security zone applies to all waters of the Severn River, between Horseshoe Point and Biemans Point, and all waters of College Creek eastward of the King George Street Bridge. Marine vessel travel in the area of the Naval Academy Bridge in the Severn River and College Creek will be restricted. The area affected covers nearly 2000 yards of the Severn River’s length. Vessels underway at the time this security zone is implemented will immediately proceed out of the zone. We will issue Broadcast Notices to Mariners to further publicize the security zone and any revisions to the zone. This security zone is issued under authority contained in 50 U.S.C. 191 and 33 U.S.C. 1226. Except for Public vessels and vessels at berth, mooring or at anchor, this rule temporarily requires all vessels in the designated security zone as defined by this rule to depart the security zone. 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). 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 affect the following entities, some of which may be small entities: The owners or operators of vessels intending to operate or transit on the Severn River, between Horseshoe Point and Biemans Point, and on College Creek, eastward of the King George Street Bridge, from 7:30 a.m. to 2 p.m. on May 26, 2006. This security zone will not have a significant economic impact on a substantial number of small entities due to the E:\FR\FM\25MYR1.SGM 25MYR1

Agencies

[Federal Register Volume 71, Number 101 (Thursday, May 25, 2006)]
[Rules and Regulations]
[Pages 30058-30060]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-8072]


=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD08-06-016]
RIN 1625-AA09


Drawbridge Operation Regulations; Massalina Bayou, Panama City, 
FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary rule.

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

SUMMARY: The Commander, Eighth Coast Guard District, has temporarily 
changed the regulation governing the operation of the Tarpon Dock 
bascule span drawbridge across Massalina Bayou, mile 0.0, at Panama 
City, Bay County, Florida. The regulation will allow the draw of the 
bridge to remain closed to navigation for one hour to facilitate the 
American Heart Walk.

DATES: This temporary rule is effective from 9 a.m. to 10 a.m. on 
October 28, 2006.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket [CGD08-06-016] and 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, 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, (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. Thousands of pedestrians will 
cross the bridge during the event and this temporary rule is necessary 
to ensure their safety as they cross the bridge. Additionally, the 
event will only impact the waterway users for one hour and will open 
for vessels in distress.

Background and Purpose

    The American Heart Association, on behalf of the City of Panama 
City, has requested a temporary rule changing the operation of the 
Tarpon Dock bascule span drawbridge across Massalina Bayou, mile 0.0, 
in Panama City, Bay County, Florida. This temporary rule is needed to 
accommodate approximately 2,000 pedestrians that are expected to 
participate in a 3.5-mile walk. The bridge is near the beginning of the 
walk and allowing the bridge to open for navigation during this short 
time period would disrupt the event and could result in injury. The 
bridge has a vertical clearance of 7 feet above mean high water in the 
closed-to-navigation position and unlimited in the open-to-navigation 
position. Navigation on the waterway consists primarily of commercial 
fishing vessels, sailing vessels and other recreational craft. 
Presently, 33 CFR 117.301 states: ``The draw of the Tarpon Dock bascule 
span bridge, Massalina Bayou, mile 0.0, shall open on signal; except 
that from 9 p.m. until 11 p.m. on July 4, each year, the draw need not 
open for the passage of vessels. The draw will open at any time for a 
vessel in distress.'' This temporary rule will allow the bridge to be 
maintained in the closed-to-navigation position from 9 a.m. to 10 a.m. 
on October 28, 2006 to facilitate the American Heart Walk.

Discussion of Rule

    The Coast Guard is temporarily changing the regulation in 33 CFR 
part 117. The temporary change allows the bridge to remain closed for 
one hour to facilitate a community activity and will minimally affect 
waterway users wishing to transit through the bridge on this date. This 
event is an annual event and waterway users have never expressed any 
concerns regarding the delays to facilitate this event.

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).
    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. This temporary rule will be only one hour in 
duration and is therefore expected to have only a minor affect on the 
local economy.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered

[[Page 30059]]

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 temporary 
rule will not have a significant economic impact on a substantial 
number of small entities.
    This rule may affect the following entities, some of which may be 
small entities: The owners or operators of vessels intending to transit 
through the Tarpon dock bridge across Massalina Bayou during the 
closure. There is not expected to be a significant impact due to the 
short duration of the closure and the publicity given to the event.

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 may 
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

Energy Effects

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

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, 
and Department of Homeland Security Management Directive 5100.1, 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 Check List'' 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 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. Effective 9 a.m. until 10 a.m. on October 28, 2006, Sec.  117.301 is 
temporarily suspended and a new Sec.  117.T302 is added to read as 
follows:

[[Page 30060]]

Sec.  117.T302  Massalina Bayou.

    The draw of the Tarpon Dock bascule span bridge, Massalina Bayou, 
mile 0.0, shall open on signal; except that from 9 a.m. until 10 a.m. 
on October 28, 2006, the draw need not open for the passage of vessels. 
The draw will open at any time for a vessel in distress.

    Dated: May 16, 2006.
Ronald W. Branch,
Captain, U.S.Coast Guard, Commander, 8th Coast Guard Dist., Acting.
 [FR Doc. E6-8072 Filed 5-24-06; 8:45 am]
BILLING CODE 4910-15-P
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