Drawbridge Operation Regulations; Jamaica Bay and Connecting Waterways, New York City, NY, 49348-49350 [E6-13895]

Download as PDF 49348 Federal Register / Vol. 71, No. 163 / Wednesday, August 23, 2006 / Rules and Regulations SUMMARY: The Department of Defense is removing several CFR parts from Chapter I, Office of the Secretary of Defense. This administrative action removes obsolete information from the Code of Federal Regulations and notifies readers of the availability of the current DoD documents that contain the information being removed. DATES: This rule is effective August 23, 2006. DEPARTMENT OF DEFENSE Office of the Secretary 32 CFR Parts 71, 105, and 243 Removal of Obsolete Regulations AGENCY: ACTION: Department of Defense. Final rule. FOR FURTHER INFORMATION CONTACT: Each part has been removed to correspond with the cancellation of the DoD Directive for which the part was based. The chart below identifies the part number and it’s companion Directive. All three DoD Directives were canceled by a Director of Administration and Management memorandum dated August 8, 2006. SUPPLEMENTARY INFORMATION: DoD directive No. Part No. Title 71 ...................................................... 105 .................................................... 243 .................................................... Eligibility Requirements for Education of Minor Dependents in Overseas Areas ................... Employment and Volunteer Work of Spouses of Military Personnel ...................................... Intergovernmental Coordination of DoD Federal Development Programs and Activities ....... List of Subjects 32 CFR Part 71 Elementary and secondary education; Military personnel; Panama Canal. 32 CFR Part 105 Military personnel. 32 CFR Part 243 Intergovernmental relations. PARTS 71, 105, and 243—[REMOVED] Accordingly, by the authority of 10 U.S.C. 301, 32 CFR parts 71, 105, and 243 are removed. I August 14, 2006. L.M. Bynum, Alternate OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. 06–7010 Filed 8–22–06; 8:45 am] BILLING CODE 5001–06–M DEPARTMENT OF HOMELAND SECURITY Regulatory Information Coast Guard 33 CFR Part 117 [CGD01–06–006] RIN 1625–AA09 Drawbridge Operation Regulations; Jamaica Bay and Connecting Waterways, New York City, NY Coast Guard, DHS. Temporary final rule; extension of effective period. AGENCY: sroberts on PROD1PC70 with RULES ACTION: SUMMARY: The Coast Guard has changed the effective period for the temporary regulation governing the operation of the New York City Highway Bridge (Belt Parkway), at mile 0.8, across Mill Basin, at New York City, New York. This VerDate Aug<31>2005 15:49 Aug 22, 2006 Jkt 208001 temporary final rule allows the bridge owner to extend the effective period during which only one of the two moveable spans need open for the passage of vessel traffic. This rule is necessary to facilitate the completion of the ongoing bridge deck replacement. DATES: This temporary rule is effective from September 8, 2006 through December 30, 2006. ADDRESSES: Comments and material received from the public, as well as documents indicated in this preamble as being available in the docket, are part of docket CGD01–06–006 and are available for inspection or copying at the First Coast Guard District, Bridge Branch Office, 408 Atlantic Avenue, Boston, Massachusetts 02110, between 7 a.m. and 3 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Ms. Judy Leung-Yee, Project Officer, First Coast Guard District, (212) 668–7195. SUPPLEMENTARY INFORMATION: On January 30, 2006, we published a notice of proposed rulemaking (NPRM) entitled ‘‘Drawbridge Operation Regulations; Jamaica Bay and Connecting Waterways, New York City, NY,’’ in the Federal Register (71 FR 4852). We received no comments in response to the NPRM. On March 13, 2006, we published a temporary final rule (TFR) entitled ‘‘Drawbridge Operation Regulations; Jamaica Bay and Connecting Waterways, New York City, NY,’’ in the Federal Register (71 FR 12621). We did not publish an NPRM for this extension of the temporary final rule’s effective period. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing an NPRM because it is impracticable to issue an NPRM prior to the previously PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 L. Bynum 703–696–4970. 1342.13 1400.33 4165.61 announced September 7, 2006 expiration of the temporary final rule, and because any interruption of the arrangements permitted by the temporary final rule would be contrary to the public interest. For the same reason, the Coast Guard finds under 5 U.S.C. 553(d) that good cause exists for making this extension of the temporary final rule effective less than 30 days after publication. The deck replacement for the New York City Highway Bridge is ongoing, vital, and necessary work that must be performed without delay as a result of the deterioration of the existing bridge deck which could fail if not replaced with all due speed. Work is behind schedule due to unforeseen construction delays and bad weather. In order to assure the continued safe and reliable operation of the bridge, construction should be allowed to continue through December 30, 2006. Background and Purpose The New York City Highway Bridge (Belt Parkway), has a vertical clearance of 34 feet at mean high water and 39 feet at mean low water in the closed position. The existing regulations are listed at 33 CFR 117.795(b). The owner of the bridge, New York City Department of Transportation (NYCDOT), requested a temporary change to the drawbridge operation regulations in November 2005, to facilitate the replacement of the bridge roadway deck. During the prosecution of that rehabilitation construction, the opening span that was undergoing deck replacement could not open for vessel traffic. As a result, the bridge owner requested that only one of the two opening spans open for the passage of vessel traffic from March 1, 2006 through September 7, 2006. The Coast Guard published a temporary final rule (71 FR 12621) on March 13, 2006, effective from March 8, E:\FR\FM\23AUR1.SGM 23AUR1 Federal Register / Vol. 71, No. 163 / Wednesday, August 23, 2006 / Rules and Regulations 2006 through September 7, 2006, to facilitate the above construction. The work was scheduled to be completed by September 7, 2006, but due to unforeseen construction delays and weather conditions, the work will not be completed by September 7, 2006, as planned. As a result, the extension of the effective period of this regulation is necessary to allow the bridge owner to continue to open only one of the two moveable spans for the passage of vessel traffic from March 8, 2006 through December 30, 2006, to facilitate the completion of the ongoing bridge deck replacement. Discussion of Rule This temporary rule change would amend 33 CFR 117.795 by suspending paragraph (b), which lists the New York City Highway Bridge (Belt Parkway), and by adding a temporary paragraph (d) to allow single span bridge openings from March 8, 2006 through December 30, 2006. sroberts on PROD1PC70 with RULES 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. This conclusion is based on the fact that the vessel traffic that normally transits this bridge should not be precluded from transiting due to single span 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 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 would not have a significant economic impact on a substantial number of small entities for the following reason: Mill Basin is navigated predominantly by recreational vessels. The single span bridge openings should not preclude vessel traffic from VerDate Aug<31>2005 15:49 Aug 22, 2006 Jkt 208001 transiting the bridge because the recreational vessels that normally use this waterway should be able to transit through the bridge with the reduced horizontal clearance of 67.5 feet due to their relative small size. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), we offered to assist small entities in understanding the rule so that they could 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 State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. Taking of Private Property This rule will not affect a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 49349 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 concern an environmental risk to health or risk to safety that may disproportionately affect children. Indian Tribal Governments This final 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 E:\FR\FM\23AUR1.SGM 23AUR1 49350 Federal Register / Vol. 71, No. 163 / Wednesday, August 23, 2006 / Rules and Regulations 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, 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 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 considering that it relates to the promulgation of operating regulations or procedures for drawbridges. 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. I For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 117 as follows: PART 117—DRAWBRIDGE OPERATION REGULATIONS 1. The authority citation for part 117 continues to read as follows: I Authority: 33 U.S.C. 499; 33 CFR 1.05–1(g); Department of Homeland Security Delegation No. 0170.1; section 117.255 also issued under the authority of Public Law 102–587, 106 Stat. 5039. 2. From September 8, 2006 through December 30, 2006, § 117.795 is amended by suspending paragraph (b) and adding a temporary paragraph (d), to read as follows: I § 117.795 Jamaica Bay and Connecting Waterways. sroberts on PROD1PC70 with RULES * * * * * (d)(1) The New York City Highway Bridge (Belt Parkway), mile 0.8, across Mill Basin, need only open one moveable span for the passage of vessel traffic from March 8, 2006 through December 30, 2006. The draw need not be opened for the passage of vessel traffic from 12 p.m. to 9 p.m. on Sundays from May 15 through September 30, and on Memorial Day, Independence Day, and Labor Day. However, on these days the draw shall VerDate Aug<31>2005 15:49 Aug 22, 2006 Jkt 208001 open on signal from the time two hours before to one hour after the predicted high tide(s). (2) For the purpose of this section, predicted high tide(s) occur 15 minutes later than that predicted for Sandy Hook, as documented in the tidal current data, which is updated, generated and published by the National Oceanic and Atmospheric Administration/National Ocean Service. Dated: August 7, 2006. Timothy S. Sullivan, Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District. [FR Doc. E6–13895 Filed 8–22–06; 8:45 am] BILLING CODE 4910–15–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [EPA–HQ–OPP–2006–0165; FRL–8079–3] Dimethenamid; Pesticide Tolerance Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: SUMMARY: This regulation establishes tolerances for residues of dimethenamid in or on leek;onion, green; onion,Welsh; shallot, fresh leaves. Interregional Research Project No.4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA). DATES: This regulation is effective August 23, 2006. Objections and requests for hearings must be received on or before October 23, 2006, and must be filed in accordance with the instructions provided in 40 CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION). ADDRESSES: EPA has established a docket for this action under docket identification (ID) number EPA–HQ– OPP–2006–0165. All documents in the docket are listed in the index for the docket. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available in the electronic docket at http://www.regulations.gov, or, if only available in hard copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Building), PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 2777 S. Crystal Drive, Arlington, VA. The Docket Facility is open from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The Docket telephone number is (703) 305-5805. FOR FURTHER INFORMATION CONTACT: Barbara Madden, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number: (703) 305-6463; e-mail address: Madden.Barbara@epa.gov. SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. Potentially affected entities may include, but are not limited to: • Crop production (NAICS 111), e.g., agricultural workers; greenhouse, nursery, and floriculture workers; farmers. • Animal production (NAICS 112), e.g., cattle ranchers and farmers, dairy cattle farmers, livestock farmers. • Food manufacturing (NAICS 311), e.g., agricultural workers; farmers; greenhouse, nursery, and floriculture workers; ranchers; pesticide applicators. • Pesticide manufacturing (NAICS 32532), e.g., agricultural workers; commercial applicators; farmers; greenhouse, nursery, and floriculture workers; residential users. This listing is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in this unit could also be affected. The North American Industrial Classification System (NAICS) codes have been provided to assist you and others in determining whether this action might apply to certain entities. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT. B. How Can I Access Electronic Copies of this Document? In addition to accessing an electronic copy of this Federal Register document through the electronic docket at http:// www.regulations.gov, you may access this Federal Register document electronically through the EPA Internet under the ‘‘Federal Register’’ listings at http://www.epa.gov/fedrgstr. You may also access a frequently updated electronic version of 40 CFR part 180 through the Government Printing E:\FR\FM\23AUR1.SGM 23AUR1

Agencies

[Federal Register Volume 71, Number 163 (Wednesday, August 23, 2006)]
[Rules and Regulations]
[Pages 49348-49350]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-13895]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD01-06-006]
RIN 1625-AA09


Drawbridge Operation Regulations; Jamaica Bay and Connecting 
Waterways, New York City, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule; extension of effective period.

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

SUMMARY: The Coast Guard has changed the effective period for the 
temporary regulation governing the operation of the New York City 
Highway Bridge (Belt Parkway), at mile 0.8, across Mill Basin, at New 
York City, New York. This temporary final rule allows the bridge owner 
to extend the effective period during which only one of the two 
moveable spans need open for the passage of vessel traffic. This rule 
is necessary to facilitate the completion of the ongoing bridge deck 
replacement.

DATES: This temporary rule is effective from September 8, 2006 through 
December 30, 2006.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket CGD01-06-006 and are available for inspection or 
copying at the First Coast Guard District, Bridge Branch Office, 408 
Atlantic Avenue, Boston, Massachusetts 02110, between 7 a.m. and 3 
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Ms. Judy Leung-Yee, Project Officer, 
First Coast Guard District, (212) 668-7195.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    On January 30, 2006, we published a notice of proposed rulemaking 
(NPRM) entitled ``Drawbridge Operation Regulations; Jamaica Bay and 
Connecting Waterways, New York City, NY,'' in the Federal Register (71 
FR 4852). We received no comments in response to the NPRM.
    On March 13, 2006, we published a temporary final rule (TFR) 
entitled ``Drawbridge Operation Regulations; Jamaica Bay and Connecting 
Waterways, New York City, NY,'' in the Federal Register (71 FR 12621).
    We did not publish an NPRM for this extension of the temporary 
final rule's effective period. Under 5 U.S.C. 553(b)(B), the Coast 
Guard finds that good cause exists for not publishing an NPRM because 
it is impracticable to issue an NPRM prior to the previously announced 
September 7, 2006 expiration of the temporary final rule, and because 
any interruption of the arrangements permitted by the temporary final 
rule would be contrary to the public interest. For the same reason, the 
Coast Guard finds under 5 U.S.C. 553(d) that good cause exists for 
making this extension of the temporary final rule effective less than 
30 days after publication. The deck replacement for the New York City 
Highway Bridge is ongoing, vital, and necessary work that must be 
performed without delay as a result of the deterioration of the 
existing bridge deck which could fail if not replaced with all due 
speed. Work is behind schedule due to unforeseen construction delays 
and bad weather. In order to assure the continued safe and reliable 
operation of the bridge, construction should be allowed to continue 
through December 30, 2006.

Background and Purpose

    The New York City Highway Bridge (Belt Parkway), has a vertical 
clearance of 34 feet at mean high water and 39 feet at mean low water 
in the closed position. The existing regulations are listed at 33 CFR 
117.795(b).
    The owner of the bridge, New York City Department of Transportation 
(NYCDOT), requested a temporary change to the drawbridge operation 
regulations in November 2005, to facilitate the replacement of the 
bridge roadway deck. During the prosecution of that rehabilitation 
construction, the opening span that was undergoing deck replacement 
could not open for vessel traffic. As a result, the bridge owner 
requested that only one of the two opening spans open for the passage 
of vessel traffic from March 1, 2006 through September 7, 2006.
    The Coast Guard published a temporary final rule (71 FR 12621) on 
March 13, 2006, effective from March 8,

[[Page 49349]]

2006 through September 7, 2006, to facilitate the above construction. 
The work was scheduled to be completed by September 7, 2006, but due to 
unforeseen construction delays and weather conditions, the work will 
not be completed by September 7, 2006, as planned.
    As a result, the extension of the effective period of this 
regulation is necessary to allow the bridge owner to continue to open 
only one of the two moveable spans for the passage of vessel traffic 
from March 8, 2006 through December 30, 2006, to facilitate the 
completion of the ongoing bridge deck replacement.

Discussion of Rule

    This temporary rule change would amend 33 CFR 117.795 by suspending 
paragraph (b), which lists the New York City Highway Bridge (Belt 
Parkway), and by adding a temporary paragraph (d) to allow single span 
bridge openings from March 8, 2006 through December 30, 2006.

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.
    This conclusion is based on the fact that the vessel traffic that 
normally transits this bridge should not be precluded from transiting 
due to single span 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 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 would not have a significant economic impact on a 
substantial number of small entities for the following reason: Mill 
Basin is navigated predominantly by recreational vessels.
    The single span bridge openings should not preclude vessel traffic 
from transiting the bridge because the recreational vessels that 
normally use this waterway should be able to transit through the bridge 
with the reduced horizontal clearance of 67.5 feet due to their 
relative small size.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding the rule so that they could 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 State, local, or tribal government, in the 
aggregate, or by the private sector of $100,000,000 or more in any one 
year. Though this rule will not result in such an expenditure, we do 
discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not affect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

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 concern an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    This final 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

[[Page 49350]]

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, 
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 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 considering that it relates to the promulgation of 
operating regulations or procedures for drawbridges. 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.


0
For the reasons discussed 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 Public Law 102-587, 106 Stat. 5039.


0
2. From September 8, 2006 through December 30, 2006, Sec.  117.795 is 
amended by suspending paragraph (b) and adding a temporary paragraph 
(d), to read as follows:


Sec.  117.795  Jamaica Bay and Connecting Waterways.

* * * * *
    (d)(1) The New York City Highway Bridge (Belt Parkway), mile 0.8, 
across Mill Basin, need only open one moveable span for the passage of 
vessel traffic from March 8, 2006 through December 30, 2006. The draw 
need not be opened for the passage of vessel traffic from 12 p.m. to 9 
p.m. on Sundays from May 15 through September 30, and on Memorial Day, 
Independence Day, and Labor Day. However, on these days the draw shall 
open on signal from the time two hours before to one hour after the 
predicted high tide(s).
    (2) For the purpose of this section, predicted high tide(s) occur 
15 minutes later than that predicted for Sandy Hook, as documented in 
the tidal current data, which is updated, generated and published by 
the National Oceanic and Atmospheric Administration/National Ocean 
Service.

    Dated: August 7, 2006.
Timothy S. Sullivan,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
 [FR Doc. E6-13895 Filed 8-22-06; 8:45 am]
BILLING CODE 4910-15-P