Federal Register / Vol. 69, No. 240 / Wednesday, December 15, 2004 / Rules and Regulations 74975

Issued in Washington, DC, on this 9th day 

of December 2004. 

Joseph H. Grant, 

Deputy Executive Director and Chief 

Operating Officer, Pension Benefit Guaranty 

Corporation.

[FR Doc. 04–27443 Filed 12–14–04; 8:45 am] 

BILLING CODE 7708–01–P

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[CGD08–04–033] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Mississippi River, Iowa, and Illinois

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

SUMMARY: The Coast Guard is changing 

the regulation governing the Rock Island 

Railroad & Highway Drawbridge, across 

the Upper Mississippi River at Mile 

482.9, at Rock Island, Illinois. The 

drawbridge need not open for river 

traffic and may remain in the closed-tonavigation position from 7 a.m., 

December 15, 2004, until 8 a.m., March 

15, 2005. This rule allows time for 

making upgrades to critical mechanical 

components and perform scheduled 

annual maintenance/repairs.

DATES: This rule is effective 7 a.m., 

December 15, 2004, until 8 a.m., March 

15, 2005.

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 

the docket [CGD08–04–033] 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 (obr), Eighth 

Coast Guard District, maintains the 

public docket for this rulemaking.

FOR FURTHER INFORMATION CONTACT: Mr. 

Roger K. Wiebusch, Bridge 

Administrator, (314) 539–3900, 

extension 2378.

SUPPLEMENTARY INFORMATION: 

Regulatory History 

On October 21, 2004, we published a 

notice of proposed rulemaking (NPRM) 

entitled Drawbridge Operation 

Regulation; Mississippi River, Iowa and 

Illinois in the Federal Register (69 FR 

61770). We received no comment letters 

on the proposed rule. No public meeting 

was requested, and none was held. 

Good Cause for Making Rule Effective 

in Less Than 30 Days 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective in less than 30 

days after publication in the Federal 

Register. This drawbridge requires 

critical repairs and annual maintenance 

that necessitate it to remain in the 

closed-to-navigation position for 89 

consecutive days. Navigation on the 

waterway consists primarily of 

commercial tows and recreational 

watercraft that will not be significantly 

impacted due to the reduced navigation 

in winter months. Thus, it is in the 

public’s interest to complete these 

repairs during the winter months. To 

keep the closure within the primary 

winter months this rule must go into 

effect by December 15, 2004. 

Additionally, the closure dates were 

included in the NPRM, and no 

comments were received objecting to 

the dates. 

Background and Purpose 

On August 12, 2004, the Department 

of Army, Rock Island Arsenal, requested 

a temporary change to the operation of 

the Rock Island Railroad & Highway 

Drawbridge across the Upper 

Mississippi River, Mile 482.9, at Rock 

Island, Illinois to allow the drawbridge 

to remain in the closed-to-navigation 

position for 89 consecutive days for 

critical repairs and annual maintenance. 

Navigation on the waterway consists 

primarily of commercial tows and 

recreational watercraft and will not be 

significantly impacted due to the 

reduced navigation in winter months. 

Presently, the draw opens on signal for 

passage of river traffic. The Rock Island 

Arsenal requested the drawbridge be 

permitted to remain closed-tonavigation from 7 a.m., December 15, 

2004, until 8 a.m., March 15, 2005.

Discussion of Comments and Changes 

The Coast Guard received no 

comment letters. No changes will be 

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 that this 

temporary change to operation of the 

Rock Island Railroad & Highway 

Drawbridge will have minimal 

economic impact on commercial traffic 

operating on the Upper Mississippi 

River. This temporary change has been 

written in such a manner as to allow for 

minimal interruption of the 

drawbridge’s regular operation. 

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. 

This proposed rule will have a 

negligible impact on vessel traffic. The 

primary users of the Upper Mississippi 

River in Rock Island, Illinois are 

commercial towboat operators. With the 

onset of winter conditions most activity 

on the Upper Mississippi River is 

curtailed and there are few, if any, 

significant navigation demands for 

opening the draw span. 

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. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Public Law 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–

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). 

74976 Federal Register / Vol. 69, No. 240 / Wednesday, December 15, 2004 / Rules and Regulations 

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 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 

regulatory 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 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.

List of Subjects in 33 CFR Part 117 

Bridges 

Regulations.

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 117 as follows:

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS

■ 1. The authority citation for part 117 

continues to read as follows:

Authority: 33 U.S.C. 499; Department of 

Homeland Security Delegation No. 0170.1; 33 

CFR 1.05–1(g); section 117.255 also issued 

under the authority of Pub. L. 102–587, 106 

Stat. 5039.

■ 2. From 7 a.m., December 15, 2004, 

until 8 a.m., March 15, 2005, temporarily 

add new § 117.T394, to read as follows:

§ 117.T394 Upper Mississippi River. 

The Rock Island Railroad and 

Highway Drawbridge, mile 482.9, at 

Rock Island, Illinois, need not open for 

river traffic and may be maintained in 

the closed-to-navigation position.

Dated: December 3, 2004. 

R.F. Duncan, 

Rear Admiral, U.S. Coast Guard, Commander, 

Eighth Coast Guard District.

[FR Doc. 04–27471 Filed 12–14–04; 8:45 am] 

BILLING CODE 4910–15–P

NATIONAL ARCHIVES AND RECORDS 

ADMINISTRATION 

36 CFR Part 1228 

RIN 3095–AB41 

Records Management; Unscheduled 

Records

AGENCY: National Archives and Records 

Administration (NARA).

ACTION: Final rule.

SUMMARY: NARA is revising our 

regulations to allow unscheduled 

records to be transferred to records 

storage facilities. These changes will 

allow agencies to transfer unscheduled 

records in a timely manner.

DATES: This rule is effective January 14, 

2005.

FOR FURTHER INFORMATION CONTACT:

Cheryl Stadel-Bevans at telephone 

number (301) 837–3021 or fax number 

(301) 837–0319.

SUPPLEMENTARY INFORMATION: NARA 

published a proposed rule on September 

17, 2004, at 69 FR 56015, for a 60-day 

public comment period. We received 

two comments, both from Federal 

agencies. One comment expressed no 

concerns about the proposed rule. The 

second comment supported the changes