Drawbridge Operation Regulations; St. Croix River, Prescott, WI, 48498-48500 [E6-13777]

Download as PDF 48498 Federal Register / Vol. 71, No. 161 / Monday, August 21, 2006 / Proposed Rules Subsections 3.10.3A.2.c.1 through 3, in part requiring that no new or expanded wastewater discharges may be permitted in waters classified as Special Protection Waters until all nondischarge-load reduction alternatives have been fully evaluated and rejected because of technical or financial infeasibility; subsections 3.10.3A.2.d.1. through 7., setting forth requirements for wastewater treatment facilities; and subsections 3.10.3A.2.e.1. and 2., conditioning project approval on the existence of an approved Non-Point Source Pollution Control Plan (NPSP) for the project area and requiring that approval of a new or expanded withdrawal and/or wastewater discharge project be subject to the condition that new connections to the project system be limited to service areas regulated by a NPSP approved by the Commission. Previous notices concerning designation of the Lower Delaware River as Special Protection Waters were published in the Federal Register on September 23, 2004 (69 FR 57008) and August 22, 2005 (70 FR 48923). The proposed designation and extension, as well as the final rules establishing and extending temporary designation, approved by DRBC Resolutions Nos. 2005–2 and 2005–15 respectively, were also published on the Commission’s Web site, http://www.drbc.net. Dated: August 14, 2006. Pamela M. Bush, Commission Secretary. [FR Doc. E6–13699 Filed 8–18–06; 8:45 am] BILLING CODE 6360–01–P DEPARTMENT OF HOMELAND SECURITY Coast Guard [CGD08–06–021] RIN 1625–AA09 Drawbridge Operation Regulations; St. Croix River, Prescott, WI Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: rmajette on PROD1PC67 with PROPOSALS1 SUMMARY: The Coast Guard proposes to change the regulation governing the Prescott Highway Bridge, across the St. Croix River, Mile 0.3, at Prescott, Wisconsin. Under our proposed rule, the drawbridge need not open for river traffic and may remain in the closed-tonavigation position from November 1, 2006 to April 1, 2007. This proposed VerDate Aug<31>2005 15:09 Aug 18, 2006 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 (CGD08–06–021), 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 a unbound format, no larger than 81⁄2 by 11 inches, suitable for copying. If you would like to know 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 33 CFR Part 117 ACTION: rule would allow the bridge owners to make necessary repairs to the bridge. DATES: Comments and related material must reach the Coast Guard on or before September 20, 2006. ADDRESSES: You may mail comments and related material to Commander (dwb), Eighth Coast Guard District, Bridge Branch, 1222 Spruce Street, St. Louis, MO 63103–2832. Commander (dwb) 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 room 2.107f in the Robert A. Young Federal Building at Eighth Coast Guard District, between 8 a.m. and 4 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Mr. Roger K. Wiebusch, Bridge Administrator, (314) 269–2378. SUPPLEMENTARY INFORMATION: Jkt 208001 We do not now plan to hold a public meeting. But you may submit a request for a meeting by writing to the Eighth Coast Guard District, Bridge Branch, at the address under ADDRESSES explaining why one would be beneficial. If we determine that a meeting 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 On March 26, 2005, the Wisconsin Department of Transportation requested a temporary change to the operation of the Prescott Highway Bridge across the St. Croix River, Mile 0.3 at Prescott, Wisconsin, to allow the drawbridge to remain in the closed-to-navigation PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 position for a 5-month period while the electrical and hydraulic systems are overhauled. Navigation on the waterway in vicinity of the bridge consists of excursion boats and recreational watercraft, neither of which will be impacted by the closure due to winter weather and frozen river conditions. Currently, the draw opens on signal for passage of river traffic from April 1 to October 31, 8 a.m. to midnight; from midnight to 8 a.m. the draw shall open on signal if notification is made prior to 11 p.m. From November 1 to March 31, the draw shall open on signal if at least 24 hours notice is given. The Wisconsin Department of Transportation requested the drawbridge be permitted to remain closed to navigation from November 1, 2006, to April 1, 2007. Discussion of Proposed Rule The proposed rule requires the draw span to be closed to navigation for five months, November 1, 2006 to April 1, 2007. This closure will enable workers to rehabilitate critical electrical and hydraulic systems which control draw span operation. This temporary change will not cause navigation problems because the closure is only in effect during the winter months when the river is frozen and vessels are absent. 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. We expect the economic impact of this proposed rule to be so minimal that a full Regulatory Evaluation is unnecessary. This proposed rule would only be in effect during the coldest months of the year when ice prevents vessel movements. The impacts on routine navigation are expected to be minimal. 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 5 U.S.C. 605(b) that this rule would not E:\FR\FM\21AUP1.SGM 21AUP1 Federal Register / Vol. 71, No. 161 / Monday, August 21, 2006 / Proposed Rules have a significant economic impact on a substantial number of small entities. This proposed rule would be in effect for 5 months during the early winter months when the river is frozen over and navigation is practically at a standstill. The Coast Guard expects the impact of this action to be minimal. If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this proposed 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 proposed rule would economically affect it. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), we want to assist small entities in understanding this proposed rule so that they could better evaluate its effect 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 Mr. Roger K. Wiebusch, Bridge Administrator, Eighth Coast Guard District Bridge Branch, at (314) 269–2378. The Coast Guard will not retaliate against small entities that question or complain about this proposed 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). rmajette on PROD1PC67 with PROPOSALS1 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 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 will not VerDate Aug<31>2005 15:09 Aug 18, 2006 Jkt 208001 result in such expenditure, we do discuss the effects of this rule elsewhere in this preamble. Taking of Private Property This proposed 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 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 proposed rule is not an economically significant rule and does not create an environmental risk to health or risk to safety that may disproportionately affect children. Indian Tribal Governments This proposed rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it would not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal government and Indian tribes, or on the distribution of power and responsibilities between the Federal government and Indian tribes. Energy Effects We have analyzed this rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a ‘‘significant energy action’’ under that order because it is not a ‘‘significant regulatory action’’ under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of 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. 48499 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, and Department of Homeland Security Management Directive 5100.1, which guide 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 environmental documentation. Under figure 2–1, paragraph (32)(e) of the Instruction, an ‘‘Environmental Analysis Check List’’ 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. 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. 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 2. From November 1, 2006, to April 1, 2007, in § 117.667, suspend paragraph (a) and add paragraphs (d) and (e) to read as follows: § 117.667 St. Croix River. * * PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\21AUP1.SGM * 21AUP1 * * 48500 Federal Register / Vol. 71, No. 161 / Monday, August 21, 2006 / Proposed Rules (d) The draws of the Burlington Northern Santa Fe Railroad Bridge, Mile 0.2, and the Hudson Railroad Bridge, Mile 17.3, shall operate as follows: (1) From April 1 to October 31: (i) 8 a.m. to midnight, the draws shall open on signal; (ii) Midnight to 8 a.m., the draws shall open on signal if notification is made prior to 11 p.m., (2) From November 1 through March 31, the draw shall open on signal if at least 24 hours notice is given. (e) The draw of the Prescott Highway Bridge, Mile 0.3, need not open for river traffic and may be maintained in the closed-to-navigation position from November 1, 2006 to April 1, 2007. Dated: August 7, 2006. J.R. Whitehead, Rear Admiral, U.S. Coast Guard, Commander Eighth Coast Guard District. [FR Doc. E6–13777 Filed 8–18–06; 8:45 am] BILLING CODE 4910–15–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 261 and 262 [EPA–HQ–RCRA–2003–0012; FRL–8211–7] RIN 2050–AG18 Standards Applicable to Generators of Hazardous Waste; Subpart K— Standards Applicable to Academic Laboratories; Extension of Comment Period Environmental Protection Agency (EPA). ACTION: Proposed rule; extension of comment period. rmajette on PROD1PC67 with PROPOSALS1 AGENCY: SUMMARY: EPA is announcing that the comment period to the proposed rule entitled Standards Applicable to Generators of Hazardous Waste; Standards Applicable to Academic Laboratories published on May 23, 2006 (71 FR 29711) is being extended until September 20, 2006. In the proposed rule EPA is requesting comment on alternative options for proposed laboratory requirements for colleges and universities. In addition, the proposal requests comment on expanding the rule to include other types of laboratories that operate and have waste generation patterns similar to college and university laboratories. DATES: The comment period for this proposed rule is extended from the original closing date of August 21, 2006, to September 20, 2006. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–HQ– VerDate Aug<31>2005 15:09 Aug 18, 2006 Jkt 208001 RCRA–2003–0012 by one of the following methods: • Federal eRulemaking Portal: http:// www.regulations.gov. Follow the on-line instructions for submitting comments. • E-mail: a-and-r-docket@epa.gov. • Mail: U.S. Postal Service, send comments to: HQ EPA Docket Center (6102T), Attention Docket ID No. EPA– HQ–RCRA–2003–0012, 1200 Pennsylvania Avenue, NW., Washington, DC 20460. Please include a total of two copies. We request that you also send a separate copy of each comment to the contact person listed below (see FOR FURTHER INFORMATION CONTACT). Note: The EPA Docket Center suffered damage due to flooding during the last week of June 2006. The Docket Center is continuing to operate. However, during the cleanup, there will be temporary changes to Docket Center telephone numbers, addresses, and hours of operation for people who wish to make hand deliveries or visit the Public Reading Room to view documents. Consult EPA’s Federal Register notice at 71 FR 38147 (July 5, 2006) or the EPA Web site at http:// www.epa.gov/epahome/dockets.htm for current information on docket operations, locations and telephone numbers. The Docket Center’s mailing address for U.S. mail and the procedure for submitting comments to http://www.regulations.gov are not affected by the flooding and will remain the same. • Hand Delivery: In person or by courier, deliver comments to: HQ EPA Docket Center (6102T), Attention Docket ID No. EPA–HQ–RCRA–2003–0012, 1301 Constitution Avenue, NW., Room B–108, Washington, DC 20004. Such deliveries are only accepted during the Docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. Please include a total of two copies. We request that you also send a separate copy of each comment to the contact person listed below (see FOR FURTHER INFORMATION CONTACT). Instructions: Direct your comments to Docket ID No. EPA–HQ–RCRA–2003– 0012. The EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at http:// www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information the disclosure of which is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through http:// www.regulations.gov or e-mail. Send or deliver information identified as CBI to only the following address: Ms. LaShan Haynes, RCRA Document Control Officer, EPA (Mail Code 5305W), PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 Attention Docket ID No. EPA–HQ– RCRA–2003–0012, 1200 Pennsylvania Avenue, Washington, DC 20460. Clearly mark the part or all of the information that you claim to be CBI. The http:// www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through http:// www.regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA’s public docket visit the EPA Docket Center homepage at http:// www.epa.gov/epahome/dockets.htm. We also request that interested parties who would like information they previously submitted to EPA to be considered as part of this reconsideration action identify the relevant information by docket entry numbers and page numbers. Docket: All documents in the docket are listed in the http:// www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information the disclosure of which is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in http:// www.regulations.gov or in hard copy at the HQ EPA Docket Center, Docket ID No. EPA–HQ–OAR–2004–0022, EPA West Building, Room B–102, 1301 Constitution Ave., NW., Washington, DC 20004. This Docket Facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The HQ EPA Docket Center telephone number is (202) 566–1742. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566–1744. A E:\FR\FM\21AUP1.SGM 21AUP1

Agencies

[Federal Register Volume 71, Number 161 (Monday, August 21, 2006)]
[Proposed Rules]
[Pages 48498-48500]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-13777]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD08-06-021]
RIN 1625-AA09


Drawbridge Operation Regulations; St. Croix River, Prescott, WI

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to change the regulation governing 
the Prescott Highway Bridge, across the St. Croix River, Mile 0.3, at 
Prescott, Wisconsin. Under our proposed rule, the drawbridge need not 
open for river traffic and may remain in the closed-to-navigation 
position from November 1, 2006 to April 1, 2007. This proposed rule 
would allow the bridge owners to make necessary repairs to the bridge.

DATES: Comments and related material must reach the Coast Guard on or 
before September 20, 2006.

ADDRESSES: You may mail comments and related material to Commander 
(dwb), Eighth Coast Guard District, Bridge Branch, 1222 Spruce Street, 
St. Louis, MO 63103-2832. Commander (dwb) 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 room 2.107f in the Robert A. Young Federal 
Building at Eighth Coast Guard District, between 8 a.m. and 4 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. Roger K. Wiebusch, Bridge 
Administrator, (314) 269-2378.

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 (CGD08-06-
021), 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 a unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know 
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. But you may submit a 
request for a meeting by writing to the Eighth Coast Guard District, 
Bridge Branch, at the address under ADDRESSES explaining why one would 
be beneficial. If we determine that a meeting 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

    On March 26, 2005, the Wisconsin Department of Transportation 
requested a temporary change to the operation of the Prescott Highway 
Bridge across the St. Croix River, Mile 0.3 at Prescott, Wisconsin, to 
allow the drawbridge to remain in the closed-to-navigation position for 
a 5-month period while the electrical and hydraulic systems are 
overhauled. Navigation on the waterway in vicinity of the bridge 
consists of excursion boats and recreational watercraft, neither of 
which will be impacted by the closure due to winter weather and frozen 
river conditions. Currently, the draw opens on signal for passage of 
river traffic from April 1 to October 31, 8 a.m. to midnight; from 
midnight to 8 a.m. the draw shall open on signal if notification is 
made prior to 11 p.m. From November 1 to March 31, the draw shall open 
on signal if at least 24 hours notice is given. The Wisconsin 
Department of Transportation requested the drawbridge be permitted to 
remain closed to navigation from November 1, 2006, to April 1, 2007.

Discussion of Proposed Rule

    The proposed rule requires the draw span to be closed to navigation 
for five months, November 1, 2006 to April 1, 2007. This closure will 
enable workers to rehabilitate critical electrical and hydraulic 
systems which control draw span operation. This temporary change will 
not cause navigation problems because the closure is only in effect 
during the winter months when the river is frozen and vessels are 
absent.

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.
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation is unnecessary.
    This proposed rule would only be in effect during the coldest 
months of the year when ice prevents vessel movements. The impacts on 
routine navigation are expected to be minimal.

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 5 U.S.C. 605(b) that this rule 
would not

[[Page 48499]]

have a significant economic impact on a substantial number of small 
entities. This proposed rule would be in effect for 5 months during the 
early winter months when the river is frozen over and navigation is 
practically at a standstill. The Coast Guard expects the impact of this 
action to be minimal.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this proposed 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 proposed rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule so that they could better 
evaluate its effect 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 Mr. Roger K. Wiebusch, Bridge 
Administrator, Eighth Coast Guard District Bridge Branch, at (314) 269-
2378. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed 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 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 will not result in such 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This proposed 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 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 proposed rule is not an economically significant rule and 
does not create an environmental risk to health or risk to safety that 
may disproportionately affect children.

Indian Tribal Governments

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

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of 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, and Department of Homeland Security Management Directive 
5100.1, which guide 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 environmental documentation. Under figure 2-
1, paragraph (32)(e) of the Instruction, an ``Environmental Analysis 
Check List'' 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.

    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. From November 1, 2006, to April 1, 2007, in Sec.  117.667, 
suspend paragraph (a) and add paragraphs (d) and (e) to read as 
follows:


Sec.  117.667  St. Croix River.

* * * * *

[[Page 48500]]

    (d) The draws of the Burlington Northern Santa Fe Railroad Bridge, 
Mile 0.2, and the Hudson Railroad Bridge, Mile 17.3, shall operate as 
follows:
    (1) From April 1 to October 31:
    (i) 8 a.m. to midnight, the draws shall open on signal;
    (ii) Midnight to 8 a.m., the draws shall open on signal if 
notification is made prior to 11 p.m.,
    (2) From November 1 through March 31, the draw shall open on signal 
if at least 24 hours notice is given.
    (e) The draw of the Prescott Highway Bridge, Mile 0.3, need not 
open for river traffic and may be maintained in the closed-to-
navigation position from November 1, 2006 to April 1, 2007.

    Dated: August 7, 2006.
J.R. Whitehead,
Rear Admiral, U.S. Coast Guard, Commander Eighth Coast Guard District.
 [FR Doc. E6-13777 Filed 8-18-06; 8:45 am]
BILLING CODE 4910-15-P