Drawbridge Operation Regulations; Darby Creek, PA, 53352-53354 [E6-14983]
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53352
Federal Register / Vol. 71, No. 175 / Monday, September 11, 2006 / Proposed Rules
reasonable accommodation to attend the
hearing is encouraged to contact the
person listed under FOR FURTHER
INFORMATION CONTACT.
List of Subjects in 30 CFR Part 938
Intergovernmental relations, Surface
mining, Underground mining.
Dated: August 23, 2006.
Michael K. Robinson,
Acting Regional Director, Appalachian
Region.
[FR Doc. E6–14756 Filed 9–8–06; 8:45 am]
BILLING CODE 4310–05–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[CGD5–06–086]
RIN 1625–AA09
Drawbridge Operation Regulations;
Darby Creek, PA
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
jlentini on PROD1PC65 with PROPOSAL
ACTION:
SUMMARY: The Coast Guard is proposing
to change the operating regulations for
the Consolidated Rail Corporation
(CONRAIL) Railroad Bridge, at mile 0.3,
across Darby Creek in Essington,
Pennsylvania. The proposal would
allow the bridge to be left in the opento-navigation position from April 1
through October 31 of every year. The
bridge would only close for the passage
of trains and to perform periodic
maintenance. From November 1 to
March 31, the bridge would open on
signal, if at least 24 hours notice is given
by calling (856) 231–7088 or (856) 662–
8201.
DATES: Comments and related material
must reach the Coast Guard on or before
November 13, 2006.
ADDRESSES: You may mail comments
and related material to Commander
(dpb), Fifth Coast Guard District,
Federal Building, 1st Floor, 431
Crawford Street, Portsmouth, VA
233704–5004. The Fifth Coast Guard
District 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 Commander (dpb), Fifth
Coast Guard District between 8 a.m. and
4 p.m., Monday through Friday, except
Federal holidays.
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16:43 Sep 08, 2006
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Waverly W. Gregory, Jr., Bridge
Administrator, Fifth Coast Guard
District, at (757) 398–6222.
SUPPLEMENTARY INFORMATION:
marine traffic under the bridge from
April 1 to October 31. CONRAIL has
agreed to modify the operating
regulations of the drawbridge to
accommodate additional vessel traffic.
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 CGD05–06–086,
indicate the specific section of this
document to which each comment
applies, and give the reason for each
comment. Please submit all comments
and related material in an unbound
format, no larger than 81⁄2 by 11 inches,
suitable for copying. If you would like
a return receipt, please enclose a
stamped, self-addressed postcard or
envelope. We will consider all
submittals received during the comment
period. We may change this proposed
rule in view of them.
Discussion of Proposed Rule
The Coast Guard proposes to amend
33 CFR 117.903(a), which governs the
CONRAIL railroad drawbridge across
Darby Creek, at mile 0.3 in Essington,
Pennsylvania, by amending paragraphs
(a)(3) and (a)(13). From April 1 through
October 31, the bridge would be left in
the open position and would only close
for the passage of trains and to perform
periodic maintenance authorized in
accordance with subpart A of this part.
From November 1 to March 31, the draw
of the CONRAIL Railroad Bridge need
only open on signal if at least 24 hours
notice is given by calling (856) 231–
7088 or (856) 662–8201. Operational
information will be provided 24 hours
a day by telephone at (856) 231–7088 or
(856) 662–8201, respectively.
Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for a meeting by writing to Commander
(dpb), Fifth Coast Guard District at the
address under ADDRESSES explaining
why one would be beneficial. If we
determine that one would aid this
rulemaking, we will hold one at a time
and place announced by a later notice
in the Federal Register.
Regulatory Evaluation
This proposed rule is not a
‘‘significant regulatory action’’ under
section 3(f) of Executive Order 12866,
Regulatory Planning and Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of that Order. The Office
of Management and Budget has not
reviewed it under that Order. It is not
‘‘significant’’ under the regulatory
policies and procedures of the
Department of Homeland Security
(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. We reached this
conclusion based on the fact CONRAIL,
the only known land user of the bridge,
has agreed to the change in the
operating regulations.
FOR FURTHER INFORMATION CONTACT:
Background and Purpose
CONRAIL owns and remotely
operates the railroad drawbridge across
Darby Creek, at mile 0.3, located in
Essington, Pennsylvania. The current
operating regulations set out in 33 CFR
117.903 requires that from May 15
through October 15, the draw be left in
the open position at all times and will
only be lowered for the passage of trains
and to perform periodic maintenance
authorized in accordance with subpart
A of this part. From October 16 through
May 14, the draw shall open on signal
if at least 24 hours notice is given by
telephone at (856) 231–7088 or (856)
662–8201. Operational information will
be provided 24 hours a day at the same
telephone numbers.
The CONRAIL Railroad Bridge, a
bascule-type drawbridge, has a vertical
clearance in the closed position to
vessels of approximately three feet
above mean high water; and unlimited
vertical clearance in the open-tonavigation position.
The Ridley Township Municipal
Marina Authority has requested a
change to the operating regulations for
the Railroad Bridge, due to increased
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Fmt 4702
Sfmt 4702
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 proposed rule
would not have a significant economic
impact on a substantial number of small
entities.
E:\FR\FM\11SEP1.SGM
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Federal Register / Vol. 71, No. 175 / Monday, September 11, 2006 / Proposed Rules
This proposed rule would not have a
significant economic impact on a
substantial number of small entities for
the following reason. This proposed rule
will have not impact on any small
entities because CONRAIL, the only
known land user of the bridge, has
agreed to the change in the operating
regulations.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104–
121), we want to assist small entities in
understanding this proposed rule so that
they can better evaluate its effects on
them and participate in the rulemaking
process.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule so that
they can better evaluate its effects on
them and participate in the rulemaking.
If the rule would affect your small
business, organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact Waverly W.
Gregory, Jr., Bridge Administrator, Fifth
Coast Guard District, (757) 398–6222.
The Coast Guard will not retaliate
against small entities that question or
complain about this rule or any policy
or action of the Coast Guard.
Collection of Information
This proposed rule would call for no
new collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520.).
jlentini on PROD1PC65 with PROPOSAL
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.
VerDate Aug<31>2005
16:43 Sep 08, 2006
Jkt 208001
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 an expenditure, we do
discuss the effects of this rule elsewhere
in this preamble.
Taking of Private Property
This proposed rule would not affect a
taking of private property or otherwise
have taking implications under
Executive Order 12630, Governmental
Actions and Interference with
Constitutionally Protected Property
Rights.
Civil Justice Reform
This proposed rule meets applicable
standards in sections 3(a) and 3(b)(2) of
Executive Order 12988, Civil Justice
Reform, to minimize litigation,
eliminates ambiguity, and reduce
burden.
Protection of Children
We have analyzed this proposed rule
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. This rule is not an economically
significant rule and would not create an
environmental risk to health or risk to
safety that might disproportionately
affect children.
Indian Tribal Governments
This proposed 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 proposed rule
under Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
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53353
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.lD, and Department of
Homeland Security Management
Directive 5100.1, which guides the
Coast Guard in complying with the
National Environmental Policy Act of
1969 (NEPA) (42 U.S.C. 4321–4370f),
and have 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
OPERATIONS REGULATIONS
1. The authority citation for part 117
continues to read as follows:
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53354
Federal Register / Vol. 71, No. 175 / Monday, September 11, 2006 / Proposed Rules
Authority: 33 U.S.C. 499; 33 CFR 1.05–1(g);
Section 117.255 also issued under authority
of Public Law 102–587, 106 Stat. 5039.
2. Section 117.903 is amended by
revising paragraphs (a)(3) and (a)(13) to
read as follows:
§ 117.903
Darby Creek.
(a) * * *
(3) From April 1 through October 31,
the draw shall be left in the open
position at all times and will only be
lowered for the passage of trains and to
perform periodic maintenance
authorized in accordance with subpart
A of this part.
*
*
*
*
*
(13) From November 1 through March
31, the draw shall open on signal if at
least 24 hours notice is given by
telephone at (856) 231–7088 or (856)
662–8201. Operational information will
be provided 24 hours a day by
telephone at (856) 231–7088 or (856)
662–8201.
*
*
*
*
*
Dated: August 23, 2006.
L.L. Hereth,
Rear Admiral, U. S. Coast Guard,
Commander, Fifth Coast Guard District.
[FR Doc. E6–14983 Filed 9–8–06; 8:45 am]
BILLING CODE 4910–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 355
[EPA–HQ–SFUND–2005–0520; FRL–8217–5]
RIN 2050–AG32
Reportable Quantity Adjustment for
Isophorone Diisocyanate
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
jlentini on PROD1PC65 with PROPOSAL
AGENCY:
SUMMARY: The Environmental Protection
Agency (EPA) is proposing to adjust the
reportable quantity (RQ) for Isophorone
Diisocyanate (IPDI). Reportable
quantities for many of the Extremely
Hazardous Substances (EHSs) under the
Emergency Planning and Community
Right-to-Know Act (EPCRA) were
adjusted to their threshold planning
quantities (TPQ) in a final rule on May
7, 1996. On September 8, 2003, EPA
modified the TPQ for IPDI to 500
pounds. However, EPA inadvertantly
omitted an RQ adjustment for this
substance. Therefore, EPA is now
proposing to adjust the RQ for IPDI to
be 500 pounds.
In the ‘‘Rules and Regulations’’
section of the Federal Register, we are
VerDate Aug<31>2005
16:43 Sep 08, 2006
Jkt 208001
revising the RQ for Isophorone
Diisocyanate to 500 pounds without
prior proposal because we view the
revision as noncontroversial and
anticipate no adverse comment. We
have explained our reasons for this
approach in the preamble to the direct
final rule.
If we receive adverse comment on this
revision, however, we will withdraw
this direct final action and it will not
take effect. We will address all public
comments in a subsequent final rule
based on this proposed rule. We will not
institute a second comment period on
this action. Any parties interested in
commenting on any amendment must
do so at this time.
DATES: Comments must be received on
or before October 11, 2006.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
SFUND–2005–0520, by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. E-mail: superfund.docket@epa.gov.
3. Fax: (202) 566–0224.
4. Mail: Superfund Docket,
Environmental Protection Agency,
Mailcode: 5305T, 1200 Pennsylvania
Ave., NW., Washington, DC 20460.
5. Hand Delivery: Superfund Docket,
EPA Docket Center, 1301 Constitution
Avenue, NW., EPA West Building,
Room B–102, 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.
Instructions: Direct your comments to
Docket ID No. EPA–HQ–SFUND–2005–
0520. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through www.regulations.gov
or e-mail. The 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 www.regulations.gov, your email address will be automatically
captured and included as part of the
comment that is placed in the public
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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 https://
www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket
are listed in the www.regulations.gov
index. Although listed in the index,
some information is not publicly
available, e.g., CBI or other information
whose disclosure 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
www.regulations.gov or in hard copy at
the Superfund Docket, EPA/DC, EPA
West, Room B102, 1301 Constitution
Ave., NW., Washington, DC. 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, and the telephone
number for the Superfund Docket is
(202) 566–0276). This Docket Facility is
open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays.
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
https://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 www.regulations.gov are not affected by
the flooding and will remain the same.
Sicy
Jacob, Office of Emergency
Management, 5104A, Environmental
Protection Agency, 1200 Pennsylvania
Avenue, NW., Washington DC 20004;
telephone number: (202) 564–8019; fax
number: (202) 564–2620; e-mail address:
jacob.sicy@epa.gov.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
E:\FR\FM\11SEP1.SGM
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]]>Agencies
[Federal Register Volume 71, Number 175 (Monday, September 11, 2006)]
[Proposed Rules]
[Pages 53352-53354]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-14983]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD5-06-086]
RIN 1625-AA09
Drawbridge Operation Regulations; Darby Creek, PA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to change the operating
regulations for the Consolidated Rail Corporation (CONRAIL) Railroad
Bridge, at mile 0.3, across Darby Creek in Essington, Pennsylvania. The
proposal would allow the bridge to be left in the open-to-navigation
position from April 1 through October 31 of every year. The bridge
would only close for the passage of trains and to perform periodic
maintenance. From November 1 to March 31, the bridge would open on
signal, if at least 24 hours notice is given by calling (856) 231-7088
or (856) 662-8201.
DATES: Comments and related material must reach the Coast Guard on or
before November 13, 2006.
ADDRESSES: You may mail comments and related material to Commander
(dpb), Fifth Coast Guard District, Federal Building, 1st Floor, 431
Crawford Street, Portsmouth, VA 233704-5004. The Fifth Coast Guard
District 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
Commander (dpb), Fifth Coast Guard District between 8 a.m. and 4 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Waverly W. Gregory, Jr., Bridge
Administrator, Fifth Coast Guard District, at (757) 398-6222.
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 CGD05-06-
086, indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like a return
receipt, please enclose a stamped, self-addressed postcard or envelope.
We will consider all submittals 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 Commander (dpb), Fifth Coast Guard
District at the address under ADDRESSES explaining why one would be
beneficial. If we determine that one would aid this rulemaking, we will
hold one at a time and place announced by a later notice in the Federal
Register.
Background and Purpose
CONRAIL owns and remotely operates the railroad drawbridge across
Darby Creek, at mile 0.3, located in Essington, Pennsylvania. The
current operating regulations set out in 33 CFR 117.903 requires that
from May 15 through October 15, the draw be left in the open position
at all times and will only be lowered for the passage of trains and to
perform periodic maintenance authorized in accordance with subpart A of
this part. From October 16 through May 14, the draw shall open on
signal if at least 24 hours notice is given by telephone at (856) 231-
7088 or (856) 662-8201. Operational information will be provided 24
hours a day at the same telephone numbers.
The CONRAIL Railroad Bridge, a bascule-type drawbridge, has a
vertical clearance in the closed position to vessels of approximately
three feet above mean high water; and unlimited vertical clearance in
the open-to-navigation position.
The Ridley Township Municipal Marina Authority has requested a
change to the operating regulations for the Railroad Bridge, due to
increased marine traffic under the bridge from April 1 to October 31.
CONRAIL has agreed to modify the operating regulations of the
drawbridge to accommodate additional vessel traffic.
Discussion of Proposed Rule
The Coast Guard proposes to amend 33 CFR 117.903(a), which governs
the CONRAIL railroad drawbridge across Darby Creek, at mile 0.3 in
Essington, Pennsylvania, by amending paragraphs (a)(3) and (a)(13).
From April 1 through October 31, the bridge would be left in the open
position and would only close for the passage of trains and to perform
periodic maintenance authorized in accordance with subpart A of this
part. From November 1 to March 31, the draw of the CONRAIL Railroad
Bridge need only open on signal if at least 24 hours notice is given by
calling (856) 231-7088 or (856) 662-8201. Operational information will
be provided 24 hours a day by telephone at (856) 231-7088 or (856) 662-
8201, respectively.
Regulatory Evaluation
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order. It is not ``significant''
under the regulatory policies and procedures of the Department of
Homeland Security (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. We reached this conclusion based
on the fact CONRAIL, the only known land user of the bridge, has agreed
to the change in the operating regulations.
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 proposed
rule would not have a significant economic impact on a substantial
number of small entities.
[[Page 53353]]
This proposed rule would not have a significant economic impact on
a substantial number of small entities for the following reason. This
proposed rule will have not impact on any small entities because
CONRAIL, the only known land user of the bridge, has agreed to the
change in the operating regulations.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking process.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact Waverly W. Gregory, Jr., Bridge
Administrator, Fifth Coast Guard District, (757) 398-6222. The Coast
Guard will not retaliate against small entities that question or
complain about this rule or any policy or action of the Coast Guard.
Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and 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 proposed 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 proposed rule would not affect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminates ambiguity, and reduce burden.
Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This proposed 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 proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed rule under Commandant Instruction
M16475.lD, and Department of Homeland Security Management Directive
5100.1, which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have 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 OPERATIONS REGULATIONS
1. The authority citation for part 117 continues to read as
follows:
[[Page 53354]]
Authority: 33 U.S.C. 499; 33 CFR 1.05-1(g); Section 117.255 also
issued under authority of Public Law 102-587, 106 Stat. 5039.
2. Section 117.903 is amended by revising paragraphs (a)(3) and
(a)(13) to read as follows:
Sec. 117.903 Darby Creek.
(a) * * *
(3) From April 1 through October 31, the draw shall be left in the
open position at all times and will only be lowered for the passage of
trains and to perform periodic maintenance authorized in accordance
with subpart A of this part.
* * * * *
(13) From November 1 through March 31, the draw shall open on
signal if at least 24 hours notice is given by telephone at (856) 231-
7088 or (856) 662-8201. Operational information will be provided 24
hours a day by telephone at (856) 231-7088 or (856) 662-8201.
* * * * *
Dated: August 23, 2006.
L.L. Hereth,
Rear Admiral, U. S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. E6-14983 Filed 9-8-06; 8:45 am]
BILLING CODE 4910-15-P
