Drawbridge Operation Regulation; St. Croix River, Prescott, WI, 66874-66876 [E6-19456]
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66874
Federal Register / Vol. 71, No. 222 / Friday, November 17, 2006 / Rules and Regulations
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Commandant Instruction M16475.1D,
which guides the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded that there are no factors
in this case that would limit the use of
a categorical exclusion under section
2.B.2 of the Instruction. Therefore this
rule is categorically excluded under
figure 2–1, paragraph 32(e) of the
Instruction from further environmental
documentation. Paragraph 32(e)
excludes the promulgation of operating
regulations or procedures for
drawbridges from the environmental
documentation requirements of the
National Environmental Policy Act
(NEPA). Since this regulation would
alter the normal operating conditions of
the drawbridge, it falls within this
exclusion. A ‘‘Categorical Exclusion
Determination’’ is available in the
docket for inspection or copying where
indicated under ADDRESSES.
between the date of closure and the date
of opening of the commercial navigation
season as published by the Army Corps
of Engineers, the draws need not open
unless at least 24 hours advance notice
is given.
I
4. Revise § 117.687 to read as follows:
§ 117.687
Missouri River.
The draws of the bridges across the
Missouri River shall open on signal;
except during the winter season
between the date of closure and date of
opening of the commercial navigation
season as published by the Army Corps
of Engineers, the draws need not open
unless at least 24 hours advance notice
is given.
Dated: October 25, 2006.
J.R. Whitehead,
Rear Admiral, U.S. Coast Guard Commander,
Eighth Coast Guard District.
[FR Doc. E6–19455 Filed 11–16–06; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[CGD08–06–021]
RIN 1625–AA09
Drawbridge Operation Regulation; St.
Croix River, Prescott, WI
Coast Guard, DHS.
Temporary final rule.
List of Subjects in 33 CFR Part 117
Bridges.
AGENCY:
Regulations
SUMMARY: The Coast Guard is changing
the regulation governing the Prescott
Highway Bridge, across the St. Croix
River at Mile 0.3, at Prescott, Wisconsin.
Under the 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
rule allows the bridge owners to make
necessary repairs to the bridge.
DATES: The rule is effective November 1,
2006 to April 1, 2007.
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 [CGD08–06–021] and are
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. Commander (dwb), Eighth
Coast Guard District, Bridge Branch
maintains the public docket for this
rulemaking.
ACTION:
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 117 as follows:
I
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
I
Authority: 33 U.S.C. 499; 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.
I
2. Revise § 117.407 to read as follows:
§ 117.407
Missouri River.
rwilkins on PROD1PC63 with RULES
See § 117.691, Missouri River listed
under Nebraska.
I
3. Revise § 117.411 to read as follows:
§ 117.411
Missouri River.
The draws of the bridges across the
Missouri River shall open on signal;
except during the winter season
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FOR FURTHER INFORMATION CONTACT:
Mr.
Roger K. Wiebusch, Bridge
Administrator, (314) 269–2378.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On August 21, 2006, we published a
notice of proposed rulemaking (NPRM)
entitled Drawbridge Operation
Regulation; St. Croix River, Prescott, WI
in the Federal Register (71 FR 48498).
We received no comment letters on the
proposed rule. No public hearing was
requested, and none was held.
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
consists of both commercial (excursion
boat) and recreational watercraft, which
may be minimally impacted by the
closure period. Currently, the draw
opens on signal for the passage of river
traffic from April 1 to October 31, 8 a.m.
to midnight, except that from midnight
to 8 a.m. the draw shall open on signal
if notification is made prior to 11 p.m.
From November 1 through 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 Comments and Changes
The Coast Guard received no
comment letters. No changes were made
to this final rule.
Regulatory Evaluation
This rule is not a ‘‘significant
regulatory action’’ under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order. It is not ‘‘significant’’ under the
regulatory policies and procedures of
the Department of Homeland Security
(DHS).
The Coast Guard expects this
temporary change to the operation of the
Prescott Highway Bridge to have
minimal economic impact on
commercial traffic operating on the St.
Croix River such that a full regulatory
evaluation under the regulatory policies
and procedures of DHS is unnecessary.
E:\FR\FM\17NOR1.SGM
17NOR1
Federal Register / Vol. 71, No. 222 / Friday, November 17, 2006 / Rules and Regulations
This temporary change will cause
minimal interruption of the
drawbridge’s regular operation, since
the change is only in effect during the
winter months while the river is frozen.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule would have a
significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.
The Coast Guard certifies under 5
U.S.C. 605(b) that this rule would not
have a significant economic impact on
a substantial number of small entities.
The 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.
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 this rule so that they
could better evaluate its effects on them
and participate in the rulemaking. 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–
800–REG–FAIR (1–800–734–3247).
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).
rwilkins on PROD1PC63 with RULES
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
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16:36 Nov 16, 2006
Jkt 211001
determined that it does not have
implications for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 or more in any one year.
Though this rule will not result in such
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 create an environmental risk to
health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it 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
PO 00000
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Fmt 4700
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66875
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Commandant Instruction M16475.1D,
which guides the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (14 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. Paragraph 32(e)
excludes the promulgation of operating
regulations or procedures for
drawbridges from the environmental
documentation requirements of the
National Environmental Policy Act
(NEPA). Since this regulation would
alter the normal operating conditions of
the drawbridge, it falls within this
exclusion. A ‘‘Categorical Exclusion
Determination’’ is available in the
docket for inspection or copying where
indicated under ADDRESSES.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 117 as follows:
I
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
I
E:\FR\FM\17NOR1.SGM
17NOR1
66876
Federal Register / Vol. 71, No. 222 / Friday, November 17, 2006 / Rules and Regulations
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 § 117.667, suspend paragraph
(a) and add paragraphs (d) and (e) to
read as follows:
I
§ 117.667
St. Croix River.
*
*
*
*
*
(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: October 23, 2006.
J.R. Whitehead,
Rear Admiral, U.S. Coast Guard Commander,
Eighth Coast Guard District.
[FR Doc. E6–19456 Filed 11–16–06; 8:45 am]
BILLING CODE 4910–15–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 15
[ET Docket No. 04–186 and 02–380; FCC
06–156]
Unlicensed Operation in the TV
Broadcast Bands
Federal Communications
Commission.
ACTION: Final rule.
rwilkins on PROD1PC63 with RULES
AGENCY:
SUMMARY: This document allows low
power devices to operate on unused
television channels in locations where
such operations will not result in
harmful interference to TV and other
authorized services. The Commission
believes that this plan will provide for
more efficient and effective use of the
TV spectrum and will significantly
benefit the public by allowing the
development of new and innovative
types of devices and services for
businesses and consumers, without
disrupting television and other
authorized services using the TV bands.
DATES: Effective December 18, 2006.
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16:36 Nov 16, 2006
Jkt 211001
FOR FURTHER INFORMATION CONTACT:
Hugh Van Tuyl, Office of Engineering
and Technology, (202) 418–7506, e-mail
Hugh.VanTuyl@fcc.gov. or Alan
Stillwell, Office of Engineering and
Technology (202) 418–2925, e-mail
Alan.Stillwell@fcc.gov, TTY (202) 418–
2989.
This is a
summary of the Commission’s First
Report and Order, ET Docket No. 04–
186 and ET Docket No. 02–380, FCC 06–
156, adopted October 12, 2006, and
released October 18, 2006. The full text
of this document is available on the
Commission’s Internet site at https://
www.fcc.gov. It is also available for
inspection and copying during regular
business hours in the FCC Reference
Center (Room CY–A257), 445 12th
Street, SW., Washington, DC 20554. The
full text of this document also may be
purchased from the Commission’s
duplication contractor, Best Copy and
Printing Inc., Portals II, 445 12th St.,
SW., Room CY–B402, Washington, DC
20554; telephone (202) 488–5300; fax
(202) 488–5563; e-mail
fcc@bcpiweb.com.
SUPPLEMENTARY INFORMATION:
Summary of the Report and Order
1. On May 13, 2004, the Commission
adopted a Notice of Proposed Rule
Making (NPRM), 69 FR 34103, June 18,
2004, in this proceeding in which it
proposed to allow unlicensed operation
in the TV bands at locations where
frequencies are not in use by licensed
services. To ensure that no harmful
interference to TV stations and other
authorized users of the spectrum will
occur, the Commission proposed to
define when a TV channel is unused
and to require unlicensed devices to
incorporate ‘‘smart radio’’ features to
identify the unused TV channels in the
area where they are located. For the
purpose of establishing a plan for
minimizing interference, the
Commission proposed to classify
unlicensed broadband devices to be
used in the TV bands into two general
functional categories. The first category
would consist of lower power
‘‘personal/portable’’ unlicensed devices,
such as Wi-Fi like cards in laptop
computers or wireless in-home local
area networks (LANs). The second
category would consist of higher power
‘‘fixed/access’’ unlicensed devices that
are generally operated from a fixed
location and may be used to provide a
commercial service such as wireless
broadband Internet access. The
Commission proposed that fixed/access
devices incorporate a geo-location
method such as a Global Positioning
System (GPS) receiver or be
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professionally installed, and that they
must access a database to identify
vacant channels at their location. It
proposed to require that personal/
portable devices operate only when they
receive a control signal from a source
such as an FM or TV station that
identifies the vacant TV channels in that
particular area. The Commission also
sought comment on the use of spectrum
sensing to identify vacant TV channels,
but did not propose any specific
technical criteria for spectrum sensing.
2. In the First Report and Order, the
Commission takes a number of
important first steps towards allowing
the introduction of new low power
devices in the broadcast television
spectrum (TV bands) on channels/
frequencies that are not being used for
authorized services (hereinafter referred
to as ‘‘TV band devices’’). The goal in
this proceeding is to allow such devices
to operate on unused television
channels in locations where such
operations will not result in harmful
interference to TV and other authorized
services. The Commission believes that
this plan will provide for more efficient
and effective use of the TV spectrum
and will significantly benefit the public
by allowing the development of new
and innovative types of devices and
services for businesses and consumers,
without disrupting television and other
authorized services using the TV bands.
Because transmissions in the TV band
are subject to less propagation
attenuation than transmissions in other
bands where lower power operations are
permitted (such as unlicensed
operations in the 2.4 GHz band),
operations in the TV bands can benefit
a wide range of service providers and
consumers by improving the service
range of wireless operations, thereby
allowing operators to reach new
customers. While there will be
significant benefits to the public from its
actions, the Commission recognizes that
it must balance these benefits with the
need to protect authorized services in
the TV bands from harmful interference.
3. The Commission also recognizes
the importance of conducting tests to
ensure that whatever standards are
ultimately adopted for TV band devices
will protect incumbent radio services
from harmful interference. Given the
complex and novel sharing issues
presented here, it intends to conduct
several types of testing, and also
encourages interested parties to conduct
tests and submit their results into the
record of this proceeding. Interested
parties that conduct their own tests for
the record should provide a test plan
that explains in detail the assumptions
used and the reasons supporting them.
E:\FR\FM\17NOR1.SGM
17NOR1
]]>Agencies
[Federal Register Volume 71, Number 222 (Friday, November 17, 2006)]
[Rules and Regulations]
[Pages 66874-66876]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-19456]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD08-06-021]
RIN 1625-AA09
Drawbridge Operation Regulation; St. Croix River, Prescott, WI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is changing the regulation governing the
Prescott Highway Bridge, across the St. Croix River at Mile 0.3, at
Prescott, Wisconsin. Under the 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 rule allows the bridge owners
to make necessary repairs to the bridge.
DATES: The rule is effective November 1, 2006 to April 1, 2007.
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 [CGD08-06-021] and are 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. Commander (dwb), Eighth Coast Guard
District, Bridge Branch maintains the public docket for this
rulemaking.
FOR FURTHER INFORMATION CONTACT: Mr. Roger K. Wiebusch, Bridge
Administrator, (314) 269-2378.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On August 21, 2006, we published a notice of proposed rulemaking
(NPRM) entitled Drawbridge Operation Regulation; St. Croix River,
Prescott, WI in the Federal Register (71 FR 48498). We received no
comment letters on the proposed rule. No public hearing was requested,
and none was held.
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 consists of both commercial
(excursion boat) and recreational watercraft, which may be minimally
impacted by the closure period. Currently, the draw opens on signal for
the passage of river traffic from April 1 to October 31, 8 a.m. to
midnight, except that from midnight to 8 a.m. the draw shall open on
signal if notification is made prior to 11 p.m. From November 1 through
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 Comments and Changes
The Coast Guard received no comment letters. No changes were made
to this final rule.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS).
The Coast Guard expects this temporary change to the operation of
the Prescott Highway Bridge to have minimal economic impact on
commercial traffic operating on the St. Croix River such that a full
regulatory evaluation under the regulatory policies and procedures of
DHS is unnecessary.
[[Page 66875]]
This temporary change will cause minimal interruption of the
drawbridge's regular operation, since the change is only in effect
during the winter months while the river is frozen.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
would not have a significant economic impact on a substantial number of
small entities. The 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.
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 this rule so that they could better evaluate
its effects on them and participate in the rulemaking. 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 1-800-REG-FAIR (1-800-734-3247).
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such 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 create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it 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 rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.1D,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (14 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. Paragraph 32(e) excludes the promulgation of operating
regulations or procedures for drawbridges from the environmental
documentation requirements of the National Environmental Policy Act
(NEPA). Since this regulation would alter the normal operating
conditions of the drawbridge, it falls within this exclusion. A
``Categorical Exclusion Determination'' is available in the docket for
inspection or copying where indicated under ADDRESSES.
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
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1. The authority citation for part 117 continues to read as follows:
[[Page 66876]]
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.
0
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.
* * * * *
(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: October 23, 2006.
J.R. Whitehead,
Rear Admiral, U.S. Coast Guard Commander, Eighth Coast Guard District.
[FR Doc. E6-19456 Filed 11-16-06; 8:45 am]
BILLING CODE 4910-15-P
