Drawbridge Operation Regulations; Pinellas Bayway Structure “E” (SR 679) Bridge, Gulf Intracoastal Waterway, Mile 113, St. Petersburg Beach, Pinellas County, FL, 36010-36012 [E6-9668]
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36010
Federal Register / Vol. 71, No. 121 / Friday, June 23, 2006 / Rules and Regulations
THRESHOLD LIMIT VALUES OF AIRBORNE CONTAMINANTS FOR CONSTRUCTION
CAS No. d
Substance
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tert-Butyl chromate (as CrO3); see 1926.1126 n ..............................................
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Chromium (VI) compounds; See 1926.1126 o.
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ppm a
mg/m3 b
Skin
designation
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1189–85–1
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Asbestos Limit § 1926.58.
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a Parts of vapor or gas per million parts of contaminated air by volume at 25 °C and 760 torr.
b Milligrams of substance per cubic meter of air. When entry is in this column only, the value is exact; when listed with a ppm entry, it is approximate.
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d The CAS number is for information only. Enforcement is based on the substance name. For an entry covering more than one metal compound, measured as the metal, the CAS number for the metal is given—not CAS numbers for the individual compounds.
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n If the exposure limit in § 1926.1126 is stayed or is otherwise not in effect, the exposure limit is a ceiling of 0.1 mg/m3.
o If the exposure limit in § 1926.1126 is stayed or is otherwise not in effect, the exposure limit is 0.1 mg/m3 (as CrO ) as an 8-hour TWA.
3
3 Use
Signed at Washington, DC, this 15th day of
June, 2006.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor.
[FR Doc. 06–5590 Filed 6–22–06; 8:45 am]
BILLING CODE 4510–26–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[CGD07–06–073]
This rule is effective from June
23, 2006 until 7 p.m. on October 29,
2006.
DATES:
Documents indicated in this
preamble as being available in the
docket are part of docket CGD07–06–
073 and are available for inspection or
copying at Commander (dpb), Seventh
Coast Guard District, 909 S.E. 1st
Avenue, Room 432, Miami, FL 33131,
between 7:30 a.m. and 4 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr.
Barry Dragon, Project Officer, Seventh
Coast Guard District, Bridge Branch, at
(305) 415–6743.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
RIN 1625–AA09
Regulatory Information
Drawbridge Operation Regulations;
Pinellas Bayway Structure ‘‘E’’ (SR
679) Bridge, Gulf Intracoastal
Waterway, Mile 113, St. Petersburg
Beach, Pinellas County, FL
We did not publish a notice of
proposed rulemaking (NRPM) for this
regulation. Under 5 U.S.C. 553(b)(B), the
Coast Guard finds that good cause exists
for not publishing an NPRM. Publishing
an NPRM was impracticable and
contrary to the public interest, because
the rule is needed to provide for
vehicular traffic relief and provides
provisions for vessels to transit through
the area twice per hour.
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 Federal Register publication.
This rule provides for scheduled bridge
openings for vessels to transit through
the bridge.
Coast Guard, DHS.
Temporary final rule.
AGENCY:
rmajette on PROD1PC67 with RULES
ACTION:
SUMMARY: The Coast Guard is
temporarily changing the regulations
governing the operation of the Pinellas
Bayway Structure ‘‘E’’ (SR 679) Bridge,
Gulf Intracoastal Waterway mile 113, St.
Petersburg Beach, Pinellas County,
Florida. This rule is needed to provide
vehicular traffic relief during heavy
vehicular traffic periods flowing into a
nearby county park, as well as meeting
the reasonable needs of mariners. This
bridge will open on the hour and half
hour, Friday, 2 p.m. until 6 p.m.,
Saturday, Sunday and Federal holidays
from 9 a.m. until 7 p.m. until October
29, 2006.
VerDate Aug<31>2005
15:41 Jun 22, 2006
Jkt 208001
Background and Purpose
The Pinellas Bayway ‘‘E’’ (SR 679)
Bridge, Gulf Intracoastal Waterway mile
113, St. Petersburg Beach, Pinellas
County, Florida, currently opens on
signal; except that, from 9 a.m. to 7 p.m.
PO 00000
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Fmt 4700
Sfmt 4700
the draw need only open on the hour,
20 minutes after the hour, and 40
minutes after the hour. The bridge
provides vehicular access into and out
of a popular county park.
Florida State Representative Rice’s
office, on behalf of the local citizens,
requested the Coast Guard change the
current operation of the bridge to two
openings per hour during certain
periods. The bridge will be required to
only open on the hour and half-hour
Fridays from 2 p.m. until 6 p.m. and
Saturdays, Sundays and Federal
holidays from 9 a.m. until 7 p.m. Public
vessels of the United States, tugs with
tows and vessels in distress shall be
passed as necessary.
Discussion of Rule
The regulation was requested by
Florida Representative Rice’s office on
behalf of the residents of St. Petersburg
Beach and will provide temporary relief
for vehicular traffic during periods of
heavy traffic traveling into and out of a
nearby county park, while continuing to
provide for the reasonable needs of
navigation. The bridge will be required
to only open on the hour and half-hour
on Fridays from 2 p.m. until 6 p.m. and
on Saturdays, Sundays and Federal
holidays from 10 a.m. until 7 p.m. The
draw shall open as necessary for the
passage of tugs with tows, public vessels
of the United States and vessels in
distress.
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
E:\FR\FM\23JNR1.SGM
23JNR1
Federal Register / Vol. 71, No. 121 / Friday, June 23, 2006 / Rules and Regulations
Order. The Office of Management and
Budget has not reviewed it under that
Order. It is not ‘‘significant’’ under the
regulatory policies and procedures of
the Department of Homeland Security
(DHS). The Coast Guard expects the
economic impact of this rule to be so
minimal that a full Regulatory
Evaluation is unnecessary, because the
rule will allow for timed bridge
openings.
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.
Small Entities
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 would not result in
such an expenditure, we do discuss the
effects of this rule elsewhere in the
preamble.
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we 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,
because the regulations provide for
bridge openings, and the reasonable
needs of navigation.
Assistance for Small Entities
rmajette on PROD1PC67 with RULES
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. If
this rule would affect your small
business, organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in FOR FURTHER INFORMATION
CONTACT.
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).
Taking of Private Property
This rule will not effect 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
would not create an environmental risk
to health or risk to safety that might
disproportionately affect children.
Collection of Information
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.
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
VerDate Aug<31>2005
15:41 Jun 22, 2006
Jkt 208001
PO 00000
Frm 00017
Fmt 4700
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36011
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 M16475.1D,
which guides the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have 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 discussed in the
preamble, the Coast Guard amends 33
CFR part 117 as follows:
I
E:\FR\FM\23JNR1.SGM
23JNR1
36012
Federal Register / Vol. 71, No. 121 / Friday, June 23, 2006 / Rules and Regulations
1. The authority citation for part 117
continues to read as follows:
I
Authority: 33 U.S.C. 499; Department of
Homeland Security Delegation No. 0170.1; 33
CFR 1.05–1(g); Section 117.255 also issued
under authority of Pub. L. 102–587, 106 Stat.
5039.
2. From 2 p.m. on June 23, 2006,
through 7 p.m. on October 29, 2006, in
§ 117.287, paragraph (d)(4) is suspended
and paragraph (d)(3) is added to read as
follows:
I
§ 117.287
Gulf Intracoastal Waterway.
*
*
*
*
*
(d) * * *
(3) The draw of the Pinellas Bayway
Structure ‘‘E’’ (SR 679) bridge, mile 113
at St. Petersburg Beach shall open on
signal; except that on Fridays from 2
p.m. to 6 p.m., and on Saturday, Sunday
and Federal holidays from 9 a.m. to 7
p.m., the draw need only open on the
hour and half-hour. Public vessels of the
United States, tugs with tows and
vessels in distress shall be passed as
necessary.
*
*
*
*
*
Dated: June 12, 2006.
D.W. Kunkel,
Rear Admiral, U.S. Coast Guard, Commander,
Seventh Coast Guard District.
[FR Doc. E6–9668 Filed 6–22–06; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[CGD09–06–031]
RIN 1625–AA00
Safety Zone; St. Louis River/Duluth/
Interlake Tar Remediation Site, Duluth,
MN
Coast Guard, DHS.
ACTION: Temporary final rule.
rmajette on PROD1PC67 with RULES
AGENCY:
SUMMARY: The Coast Guard is
establishing a temporary safety zone on
the St. Louis River in Duluth,
Minnesota. The purpose of the safety
zone is to protect the boating public
from dangers associated with the
cleanup operation in and around
Stryker Bay. Entry into this zone is
prohibited unless authorized by the
Captain of the Port or his duly
appointed representative.
VerDate Aug<31>2005
15:41 Jun 22, 2006
Jkt 208001
This rule is effective from 8 a.m.
CST on May 31, 2006 until 8 p.m. CST
on November 30, 2006.
ADDRESSES: Comments and material
received from the public are part of the
docket [CGD09–06–031] and are
available for inspection or copying at
U.S. Coast Guard Marine Safety Unit
Duluth, 600 South Lake Ave, Canal
Park, Duluth, Minnesota 55802 between
the hours of 7:30 a.m. and 3:30 p.m.,
Monday through Friday, except Federal
Holidays.
FOR FURTHER INFORMATION CONTACT: LT
Scott Stoermer, U.S. Coast Guard
Marine Safety Unit Duluth, at (218)
720–5286.
DATES:
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
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 a NPRM. The permit
application was not submitted in time to
allow for publication of an NPRM
followed by a temporary final rule.
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 from the date of publication. Any
delay of the effective date of this rule
would be contrary to the public interest
by exposing the public to the known
dangers such as those associated with
heavy equipment operations and
naphthalene exposure from disturbed
sediments.
Background and Purpose
This safety zone is necessary to
ensure the safety of the public and
boating traffic in the Stryker Bay area
during the course of an environmental
remediation project. This safety zone is
intended to restrict vessel traffic from
the portion of St. Louis River where
construction and dredging are
occurring. The size of the zone was
determined by placing the boundaries
approximately 50 feet beyond the
outermost extent of dredging operations,
encompassing all of Stryker Bay and
Hallett Slips 6&7.
Discussion of Rule
A temporary safety zone is necessary
to ensure the safety of boaters transiting
this portion of the St. Louis River. The
safety zone will be in effect from 8:00
a.m. CST, May 31, 2006 until 8 p.m.
CST, November 31, 2006.
The safety zone will encompass all
waters of Stryker Bay and Hallett Slips
6 & 7 which are located north of a
boundary line delineated by the
following points: From the shoreline at
46°43′10.00″ N, 092°10′31.66″ W, then
south to 46°43′06.24″ N, 092°10′31.66″
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Frm 00018
Fmt 4700
Sfmt 4700
W, then east to 46°43′06.24″ N,
092°09′41.76″ W, then north to the
shoreline at 46°43′10.04″ N,
092°09′41.76″ W. These coordinates are
based upon North American Datum
1983 [Datum NAD 83].
All persons and vessels shall comply
with the instructions of the Captain of
the Port Duluth or the designated onscene representative. Entry into,
transiting, or anchoring within the
safety zone is prohibited unless
authorized by the Captain of the Port
Duluth or his designated on-scene
representative. The Captain of the Port
or his designated on-scene
representative may be contacted at Coast
Guard Marine Safety Unit Duluth at
(218) 720–5286.
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 proposed rule to be so minimal that
a full Regulatory Evaluation under the
regulatory policies and procedures of
DHS is unnecessary.
This determination is based on the
absence of any commercial vessel traffic
in this portion of the St. Louis River.
There are currently no operational
marine terminals west of Hallett Slip 7,
which is part of the remediation.
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 transit or anchor in
the St. Louis River in the above
described zone during the effective
period.
E:\FR\FM\23JNR1.SGM
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]]>Agencies
[Federal Register Volume 71, Number 121 (Friday, June 23, 2006)]
[Rules and Regulations]
[Pages 36010-36012]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-9668]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD07-06-073]
RIN 1625-AA09
Drawbridge Operation Regulations; Pinellas Bayway Structure ``E''
(SR 679) Bridge, Gulf Intracoastal Waterway, Mile 113, St. Petersburg
Beach, Pinellas County, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is temporarily changing the regulations
governing the operation of the Pinellas Bayway Structure ``E'' (SR 679)
Bridge, Gulf Intracoastal Waterway mile 113, St. Petersburg Beach,
Pinellas County, Florida. This rule is needed to provide vehicular
traffic relief during heavy vehicular traffic periods flowing into a
nearby county park, as well as meeting the reasonable needs of
mariners. This bridge will open on the hour and half hour, Friday, 2
p.m. until 6 p.m., Saturday, Sunday and Federal holidays from 9 a.m.
until 7 p.m. until October 29, 2006.
DATES: This rule is effective from June 23, 2006 until 7 p.m. on
October 29, 2006.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket CGD07-06-073 and are available for
inspection or copying at Commander (dpb), Seventh Coast Guard District,
909 S.E. 1st Avenue, Room 432, Miami, FL 33131, between 7:30 a.m. and 4
p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr. Barry Dragon, Project Officer,
Seventh Coast Guard District, Bridge Branch, at (305) 415-6743.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NRPM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM. Publishing an NPRM was
impracticable and contrary to the public interest, because the rule is
needed to provide for vehicular traffic relief and provides provisions
for vessels to transit through the area twice per hour.
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 Federal
Register publication. This rule provides for scheduled bridge openings
for vessels to transit through the bridge.
Background and Purpose
The Pinellas Bayway ``E'' (SR 679) Bridge, Gulf Intracoastal
Waterway mile 113, St. Petersburg Beach, Pinellas County, Florida,
currently opens on signal; except that, from 9 a.m. to 7 p.m. the draw
need only open on the hour, 20 minutes after the hour, and 40 minutes
after the hour. The bridge provides vehicular access into and out of a
popular county park.
Florida State Representative Rice's office, on behalf of the local
citizens, requested the Coast Guard change the current operation of the
bridge to two openings per hour during certain periods. The bridge will
be required to only open on the hour and half-hour Fridays from 2 p.m.
until 6 p.m. and Saturdays, Sundays and Federal holidays from 9 a.m.
until 7 p.m. Public vessels of the United States, tugs with tows and
vessels in distress shall be passed as necessary.
Discussion of Rule
The regulation was requested by Florida Representative Rice's
office on behalf of the residents of St. Petersburg Beach and will
provide temporary relief for vehicular traffic during periods of heavy
traffic traveling into and out of a nearby county park, while
continuing to provide for the reasonable needs of navigation. The
bridge will be required to only open on the hour and half-hour on
Fridays from 2 p.m. until 6 p.m. and on Saturdays, Sundays and Federal
holidays from 10 a.m. until 7 p.m. The draw shall open as necessary for
the passage of tugs with tows, public vessels of the United States and
vessels in distress.
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
[[Page 36011]]
Order. The Office of Management and Budget has not reviewed it under
that Order. It is not ``significant'' under the regulatory policies and
procedures of the Department of Homeland Security (DHS). The Coast
Guard expects the economic impact of this rule to be so minimal that a
full Regulatory Evaluation is unnecessary, because the rule will allow
for timed bridge openings.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
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, because the regulations provide for bridge openings,
and the reasonable needs of navigation.
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. If this
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact the person listed in FOR FURTHER
INFORMATION CONTACT.
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 would 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 effect 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 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 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 M16475.1D,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have 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 discussed in the preamble, the Coast Guard amends 33
CFR part 117 as follows:
[[Page 36012]]
PART 117--DRAWBRIDGE OPERATION REGULATIONS
0
1. The authority citation for part 117 continues to read as follows:
Authority: 33 U.S.C. 499; Department of Homeland Security
Delegation No. 0170.1; 33 CFR 1.05-1(g); Section 117.255 also issued
under authority of Pub. L. 102-587, 106 Stat. 5039.
0
2. From 2 p.m. on June 23, 2006, through 7 p.m. on October 29, 2006, in
Sec. 117.287, paragraph (d)(4) is suspended and paragraph (d)(3) is
added to read as follows:
Sec. 117.287 Gulf Intracoastal Waterway.
* * * * *
(d) * * *
(3) The draw of the Pinellas Bayway Structure ``E'' (SR 679)
bridge, mile 113 at St. Petersburg Beach shall open on signal; except
that on Fridays from 2 p.m. to 6 p.m., and on Saturday, Sunday and
Federal holidays from 9 a.m. to 7 p.m., the draw need only open on the
hour and half-hour. Public vessels of the United States, tugs with tows
and vessels in distress shall be passed as necessary.
* * * * *
Dated: June 12, 2006.
D.W. Kunkel,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. E6-9668 Filed 6-22-06; 8:45 am]
BILLING CODE 4910-15-P
