Federal Register / Vol. 71, No. 221 / Thursday, November 16, 2006 / Rules and Regulations 66669 

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 would 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 effect 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 

would not create an environmental risk 

to health or risk to safety that might 

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 considered the 

environmental impact of this rule and 

concluded that, under figure 2–1, 

paragraph 34(f), of Commandant 

Instruction M16475.1D, this rule is 

categorically excluded from further 

environmental documentation. A final 

‘‘Categorical Exclusion Determination’’

and a final ‘‘Environmental Analysis 

Check List’’ are available in the docket 

for inspection or copying where 

indicated under ADDRESSES. This rule 

fits the category selected from paragraph 

(34)(f) as it would expand a special 

anchorage area. 

List of Subjects in 33 CFR Part 110 

Anchorage grounds. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 110 as follows: 

PART 110—ANCHORAGE 

REGULATIONS 

■ 1. The authority citation for part 110 

continues to read as follows: 

Authority: 33 U.S.C. 471; 1221 through 

1236, 2030, 2035 and 2071; 33 CFR 1.05–1(g); 

and Department of Homeland Security 

Delegation No. 0170.1. 

■ 2. Amend § 110.5, by revising 

paragraph (d) to read as follows: 

§ 110.5 Casco Bay, Maine. 

* * * * * 

(d) Mussel Cove and adjacent waters 

at Falmouth Foreside, Falmouth. All of 

the waters enclosed by a line beginning 

at the Dock House (F.S.) located at 

latitude 43°44′22′′ N, longitude 

70°11′41′′ W; thence to latitude 

43°44′19′′ N, longitude 70°11′33′′ W; 

thence to latitude 43°44′00′′ N, 

longitude 70°11′44′′ W; thence to 

latitude 43°43′37′′ N, longitude 

70°11′37′′ W; thence to latitude 

43°43′04′′ N, longitude 70°12′13′′ W; 

thence to latitude 43°41′56′′ N, 

longitude 70°12′53′′ W; thence to 

latitude 43°41′49′′ N, longitude 

70°13′05′′ W; thence to latitude 

43°42′11′′ N, longitude 70°13′30′′ W; 

thence along the shoreline to the point 

of beginning. DATUM: NAD 83. 

Note to paragraph (d). The area designed 

by paragraph (g) of this section is reserved for 

yachts and other small recreational craft. 

Fore and aft moorings will be allowed in this 

area. Temporary floats or buoys for marking 

anchors or moorings in place will be allowed. 

Fixed mooring piles or stakes are prohibited. 

All moorings must be so placed so that no 

vessel when anchored is at any time 

extended into the thoroughfare. All 

anchoring in the area is under the 

supervision of the local harbor master or 

such other authority as may be designated by 

the authorities of the Town of Falmouth, 

Maine. 

* * * * * 

Dated: October 30, 2006. 

Timothy S. Sullivan, 

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

First Coast Guard District. 

[FR Doc. E6–19315 Filed 11–15–06; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[CGD05–06–002] 

RIN 1625–AA09 

Drawbridge Operation Regulations; 

Chincoteague Channel, Chincoteague, 

VA 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is changing 

the drawbridge operation regulations 

that govern the SR 175 Bridge, at mile 

3.5, across Chincoteague Channel at 

Chincoteague Island, Virginia. This 

change is necessary to help relieve 

vehicular traffic congestion and reduce 

traffic delays while still balancing the 

needs of marine and vehicular traffic. 

DATES: This rule is effective 

December 18, 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 CGD05–06–002 and will be 


rmajette on PROD1PC67 with RULES1
66670 Federal Register / Vol. 71, No. 221 / Thursday, November 16, 2006 / Rules and Regulations 

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. The Fifth Coast Guard District 

maintains the public docket for this 

rulemaking. 

FOR FURTHER INFORMATION CONTACT: Gary 

S. Heyer, Bridge Management Specialist, 

Fifth Coast Guard District, at (757) 398–

6629. 

SUPPLEMENTARY INFORMATION: 

Regulatory History 

On June 28, 2004, we published a 

notice of temporary deviation from the 

regulations and request for comments 

entitled ‘‘Drawbridge Operation 

Regulations; Chincoteague Channel, 

VA’’ in the Federal Register (69 FR 

36011). The temporary deviation was in 

operation to test an alternate drawbridge 

operation schedule for 90 days and 

solicit comments from the public. From 

July 2, 2004 through September 29, 

2004, the draw of the bridge opened 

every two hours on the even hour from 

6 a.m. to midnight; except from 7 a.m. 

to 5 p.m., on the last consecutive 

Wednesday and Thursday in July, the 

draw needed not be opened. At all other 

times, the draw needed not open. The 

Coast Guard received six letters and four 

petitions commenting on the provisions 

of the temporary deviation. 

On December 30, 2004, the Coast 

Guard published a notice of proposed 

rulemaking (NPRM) entitled 

‘‘Drawbridge Operation Regulation; 

Chincoteague Channel, Chincoteague, 

VA’’ in the Federal Register (69 FR 

78373). The NPRM allowed hourly 

openings of the draw year-round from 

6 a.m. to midnight; except from 7 a.m. 

to 5 p.m. on the last consecutive 

Wednesday and Thursday in July of 

every year, the draw needed not be 

opened. At all other times, the draw 

needed not open. We received six 

comments on the NPRM. 

On April 18, 2005, the Coast Guard 

published a final rule entitled 

‘‘Drawbridge Operation Regulation; 

Chincoteague Channel, Chincoteague, 

VA’’ in the Federal Register (70 FR 

20051). The final rule required the draw 

to open on demand from midnight to 

6 a.m., and on the hour from 6 a.m. to 

midnight, except from 7 a.m. to 5 p.m. 

on the last consecutive Wednesday and 

Thursday in July of every year, the draw 

needed not be opened. 

We published an NPRM on April 13, 

2006, entitled ‘‘Drawbridge Operation 

Regulations; Chincoteague Channel, 

Chincoteague, VA’’ in the Federal 

Register (71 FR 19150). The NPRM 

would allow the bridge to open on 

demand from midnight to 6 a.m., and 

every hour and a half from 6 a.m. to 

midnight; except from 7 a.m. to 5 p.m., 

on the last consecutive Wednesday and 

Thursday in July, the draw need not be 

opened. The comment period ended on 

May 30, 2006. We received 557 

comments to the NPRM. 

On June 26, 2006, we published a 

notice; request for comments and notice 

of public meeting in the Federal 

Register (71 FR 36297). On July 18, 

2006, we held a public meeting at the 

Chincoteague Community Center, 

Chincoteague Island, Virginia. We 

accepted written comments from the 

public until July 21, 2006. 

Background and Purpose 

Current regulations require the SR 175 

Bridge, at mile 3.5, across Chincoteague 

Channel to open on demand from 

midnight to 6 a.m. and on the hour from 

6 a.m. to midnight, except the draw 

shall remain in the closed position to 

vessels from 7 a.m. to 5 p.m. on the last 

consecutive Wednesday and Thursday 

in July of every year. 

In October 2005, the Chincoteague 

Town Council adopted a resolution that 

requested a change in the scheduled 

openings of the bridge. The resolution 

details the Town’s concerns based on 

the following factors: The number of 

openings have actually increased since 

the last modification; the boats north of 

the bridge frequently sail and return 

one-at-a-time; due to inconsistencies in 

the openings, the Town of Chincoteague 

has received many complaints from 

motorists; and openings on the even 

hours as needed will not significantly 

impact the boaters. Additionally, in 

September 2005, we were advised of an 

incident in which ambulance services 

were unable to transit the drawbridge 

due to a vessel opening request. The 

ambulance service was further delayed 

because during closing procedures the 

drawbridge experienced mechanical 

problems. The Coast Guard drawbridge 

operating regulations already address 

the emergency situations, so no changes 

are needed to the operating regulations 

to address that concern. 33 CFR Part 

117.31(a)—Operation of draw for 

emergency situations—states that 

‘‘When a draw tender is informed by a 

reliable source that an emergency 

vehicle is due to cross the draw, the 

draw tender shall take all reasonable 

measures to have the draw closed at the 

time the emergency vehicle arrives at 

the bridge’’. 

Based on the request from the 

Chincoteague Town Council, we 

published a NPRM on April 13, 2006, 

entitled ‘‘Drawbridge Operation 

Regulations; Chincoteague Channel, 

Chincoteague, VA’’ in the Federal 

Register (71 FR 19150). The NPRM 

would allow the bridge to open on 

demand from midnight to 6 a.m., and 

every one and a half hours from 6 a.m. 

to midnight; except from 7 a.m. to 5 

p.m., on the last consecutive 

Wednesday and Thursday in July, the 

draw need not be opened. The proposed 

change would reduce vehicular traffic 

congestion while still balancing the 

needs of marine and vehicular traffic. 

The comment period ended on May 30, 

2006. 

After the comment period ended on 

May 30, 2006, an Accomack County 

official communicated to the Coast 

Guard that residents of Chincoteague 

had additional comments concerning 

the operating regulations of the 

drawbridge. Based on this request we 

held a public meeting at the 

Chincoteague Community Center, at 

Chincoteague Island, Virginia. We 

accepted written comments from the 

public until July 21, 2006. 

The Coast Guard also reviewed the 

bridge logs provided by VDOT. There 

were approximately 1919 bridge 

openings in 2005 over a six-month 

period (May, June, July, August, 

September and October) (See Table A); 

and in 2006, for the same six-month 

period, there were approximately 1359 

bridge openings. (See Table B). 

TABLE A 

Bridge Openings for 2005 

JAN FEB MAR APR MAY JUN JUL AUG SEPT OCT NOV DEC 

62 112 60 163 453 330 316 317 291 212 200 134 


rmajette on PROD1PC67 with RULES1
Federal Register / Vol. 71, No. 221 / Thursday, November 16, 2006 / Rules and Regulations 66671 

TABLE A—Continued 

Bridge Openings for 2005 

JAN FEB MAR APR MAY JUN JUL AUG SEPT OCT NOV DEC 

Boat Passages for 2005 

56 122 61 187 642 606 559 622 377 368 268 160 

TABLE B 

Bridge Openings for 2006 

JAN FEB MAR APR MAY JUN JUL AUG SEPT OCT NOV DEC 

134 141 82 181 359 271 265 236 122 106 NA NA 

Boat Passages for 2006 

167 177 88 279 710 460 431 361 145 125 NA NA 

Annually, there are between 66 and 

90 commercial fishing vessels that are 

dependent on regular drawbridge 

openings to access docking facilities to 

unload their product. Depending on the 

season, these vessels regularly unload 

multiple seafood catches a day because 

of trip catch limits. The Virginia Natural 

Resources Department provided 

Fisheries landing data from 2002 to 

2005 for Accomack County. This data 

supports an overall increase in the 

pounds of seafood unloaded and the 

monetary value which supports the 

economic base for the surrounding area. 

(See Table C) 

TABLE C.—SUMMARY OF FISHERIES

DATA—ACCOMACK COUNTY

2002 ....... 1 11,238,247 $9,811,727 

2003 ....... 1 11,304,169 10,900,731 

2004 ....... 1 12,829,955 13,745,649 

2005 ....... 1 10,693,540 12,369,899 

1Pounds. 

During the late spring, summer and 

early fall months, the number of 

vacationers and commercial fishing 

vessels (often scallop boats) that utilize 

the SR 175 Bridge is ever-increasing. 

The average resident population in the 

Town of Chincoteague is approximately 

5,000. However, in the summertime 

with vacationers, the average population 

on Chincoteague Island is about 15,000. 

A proposed seasonal schedule was 

considered as an option, where the 

drawbridge would open for vessels 

every two hours during the spring and 

summer months; and hourly during the 

fall and winter months. However, the 

data shows that the peak commercial 

fishing period and delivery times are in 

direct conflict with the peak tourist and 

travel season on Chincoteague Island. 

Therefore, this option was not chosen. 

Discussion of Comments and Changes 

The Coast Guard received 554 

comments to the NPRM published on 

April 13, 2006 (71 FR 19150). The 

comments included 540 letters, one 

petition, two e-mail comments, and 14 

oral remarks presented at the public 

meeting. 

The vast majority of the letters (471) 

were mass-produced form letters signed 

by residents. In addition, there were 60 

letters from fishermen and small 

businesses. Six letters were from State 

and Town officials (two letters each 

from an Accomack County Supervisor, 

and the Town Manager of Chincoteague; 

with one letter each from a Virginia 

House Delegate, and an official with the 

Virginia Department of Transportation 

(VDOT)). Two separate comments were 

supplied on one e-mail message. 

A majority of comments from 

residents of the Town of Chincoteague 

favored a two-hour opening schedule of 

the drawbridge from 6 a.m. to midnight. 

Commercial vessel owners and small 

businesses preferred hourly openings. 

However, the commercial vessel owners 

and small businesses commented that 

they can manage their establishments 

and vessels under the proposal to open 

every one and a half hour from 6 a.m. 

to midnight. Eight of the 14 oral remarks 

that were offered at the public meeting 

favored a two-hour opening schedule of 

the drawbridge from 6 a.m. to midnight, 

and 6 supported openings every one and 

a half hour from 6 a.m. to midnight. 

The State and Town officials asserted 

their concerns that the bridge has 

exceeded its useful design life, that the 

increase in vessel traffic to the area has 

had a serious impact on the wear and 

tear of the bridge, and that reducing the 

number of vessel openings will assist 

VDOT in maintaining the mechanical 

condition of the bridge until a 

replacement bridge is complete. 

It is the duty of the owner and 

operator of a drawbridge, VDOT in this 

case, to maintain the operating 

machinery in a serviceable condition 

and to provide for the safe and prompt 

opening of the drawbridge according to 

the operating regulations. The Coast 

Guard may not issue regulations for the 

purpose of relieving the owner or 

operator of the duty to properly 

maintain or operate the draw span 

solely because of financial hardship, or 

to save wear and tear on the structure 

or machinery, unless there is clearly 

documented evidence that there is little 

or no need for bridge openings. The data 

shows that mariners still require 

continued openings of the SR 175 

Bridge over Chincoteague Channel, so 

the wear and tear on the bridge will not 

be considered as a factor in establishing 

the operating regulations. 

Based on all of the comments 

received, we will implement a final rule 

with no changes to the NPRM. Under 

this final rule, the draw will open on 

demand from midnight to 6 a.m., and 

every one and a half hours from 6 a.m. 

to midnight (at 6 a.m., 7:30 a.m., 9 a.m., 

10:30 a.m., 12 p.m., 1:30 p.m., 3 p.m., 

4:30 p.m., 6 p.m., 7:30 p.m., 9 p.m. 

10:30 p.m. and midnight); except from 

7 a.m. to 5 p.m. on the last consecutive 

Wednesday and Thursday in July, the 

draw need not open. 

To minimize uncertainty and to assist 

in the transition to the new operating 

schedule of the drawbridge, the Coast 

Guard will print and distribute flyers 

providing the new opening times to 

residents and business owners. Officials 

with VDOT are required to post signs on 

the bridge for mariners with the 

operating schedule, including the 

opening times from 6 a.m. to midnight. 


rmajette on PROD1PC67 with RULES1
66672 Federal Register / Vol. 71, No. 221 / Thursday, November 16, 2006 / Rules and Regulations 

This final rule will help address 

vehicular traffic congestion and reduce 

traffic delays while still providing for 

the reasonable needs of navigation. 

Discussion of Rule 

The Coast Guard amends 33 CFR 

117.1005, by inserting a new provision 

to require the draw to open on demand 

from midnight to 6 a.m., and every one 

and a half hour from 6 a.m. to midnight 

(at 6 a.m., 7:30 a.m., 9 a.m., 10:30 a.m., 

12 p.m., 1:30 p.m., 3 p.m., 4:30 p.m., 6 

p.m., 7:30 p.m., 9 p.m. 10:30 p.m. and 

midnight); except from 7 a.m. to 5 p.m. 

on the last consecutive Wednesday and 

Thursday in July, the draw need not 

open. 

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). 

This conclusion based on the fact that 

the changes will have only a minimal 

impact on maritime traffic transiting the 

bridge. Mariners can plan their trips in 

accordance with the scheduled bridge 

openings to minimize delays. 

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. 

This conclusion is based on the fact 

the rule would not have a significant 

economic impact on a substantial 

number of small entities because the 

rule only adds minimal restrictions to 

the movement of navigation, and 

mariners who plan their transits in 

accordance with the scheduled bridge 

openings can minimize delays. In 

addition, the comments received from 

mariners suggest that they can 

accommodate the change in the 

schedule. 

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 rule so that they can 

better evaluate its effects on them and 

participate in the rulemaking process. 

No assistance was requested from any 

small entity. 

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 

an expenditure, we do discuss the 

effects of this rule elsewhere in this 

preamble. 

Taking of Private Property 

This 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 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 

would not create an environmental risk 

to health or risk to safety that might 

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.lD 

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 


rmajette on PROD1PC67 with RULES1
Federal Register / Vol. 71, No. 221 / Thursday, November 16, 2006 / Rules and Regulations 66673 

excluded, under figure 2–1, paragraph 

(32)(e) of the Instruction, from further 

environmental documentation because 

it has been determined that the 

promulgation of operating regulations 

for drawbridges are categorically 

excluded. 

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; 33 CFR 1.05–1(g); 

Department of Homeland Security Delegation 

No. 0170.1; section 117.255 also issued under 

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

5039. 

■ 2. § 117.1005 is revised to read as 

follows: 

§ 117.1005 Chincoteague Channel. 

The draw of the SR 175 Bridge, mile 

3.5, at Chincoteague shall open on 

demand from midnight to 6 a.m., and 

every one and a half hours from 6 a.m. 

to midnight (at 6 a.m., 7:30 a.m., 9 a.m., 

10:30 a.m., 12 p.m., 1:30 p.m., 3 p.m., 

4:30 p.m., 6 p.m., 7:30 p.m., 9 p.m. 

10:30 p.m. and midnight); except from 

7 a.m. to 5 p.m. on the last consecutive 

Wednesday and Thursday in July, the 

draw need not be opened. 

Dated: November 1, 2006. 

L.L. Hereth, 

Rear Admiral, United States Coast Guard, 

Commander, Fifth Coast Guard District. 

[FR Doc. 06–9237 Filed 11–15–06; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[CGD01–06–130] 

Drawbridge Operation 

Regulations;Long Island, New York 

Inland Waterway from East Rockaway 

Inlet to Shinnecock Canal, Jones 

Beach, NY 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, First Coast 

Guard District, has issued a temporary 

deviation from the regulation governing 

the operation of the Loop Parkway 

Bridge across Long Creek at mile 0.7, at 

Jones Beach, New York. Under this 

temporary deviation, the Loop Parkway 

Bridge need not open for the passage of 

vessel traffic from 8:30 a.m. through 

11:30 a.m. and 1:30 p.m. through 4:30 

p.m., daily, from November 5, 2006 

through December 20, 2006. A single 

bridge opening for all inbound 

commercial fishing vessels shall be 

provided, if a request to open the bridge 

is given, during the 1:30 p.m. to 4:30 

p.m. bridge closure period. This 

deviation is necessary to facilitate 

scheduled bridge maintenance. 

DATES: This deviation is effective from 

November 5, 2006 through December 

20, 2006. 

ADDRESSES: Materials referred to in this 

document are available for inspection or 

copying at the First Coast Guard 

District, Bridge Branch Office, One 

South Street, New York, New York, 

10004, between 7 a.m. and 4 p.m., 

Monday through Friday, except Federal 

holidays. The telephone number is (212) 

668–7165. The First Coast Guard 

District Bridge Branch Office maintains 

the public docket for this temporary 

deviation. 

FOR FURTHER INFORMATION CONTACT: Judy 

Leung-Yee, Project Officer, First Coast 

Guard District, at (212) 668–7195. 

SUPPLEMENTARY INFORMATION: The Loop 

Parkway Bridge, across Long Creek at 

mile 0.7, at Jones Beach, New York, has 

a vertical clearance in the closed 

position of 21 feet at mean high water 

and 25 feet at mean low water. The 

existing drawbridge operation 

regulations are listed at 33 CFR 

117.799(f). 

The owner of the bridge, New York 

State Department of Transportation, 

requested a temporary deviation to 

complete bridge painting operations. 

The bridge will not be able to open 

while the bridge painting operation is 

underway. 

Under this temporary deviation, the 

Loop Parkway Bridge across Long Creek 

at mile 0.7, need not open for the 

passage of vessel traffic from 8:30 a.m. 

through 11:30 a.m. and from 1:30 p.m. 

through 4:30 p.m., daily, from 

November 5, 2006 through December 

20, 2006. All inbound commercial 

fishing vessels shall be provided a 

single bridge opening during the 1:30 

p.m. through 4:30 p.m. bridge closure 

period each day provided a bridge 

opening request is given by calling the 

number posted at the bridge. 

In accordance with 33 CFR 117.35(c), 

this work will be performed with all due 

speed in order to return the bridge to 

normal operation as soon as possible. 

Should the bridge maintenance 

authorized by this temporary deviation 

be completed before the end of the 

effective period published in this notice, 

the Coast Guard will rescind the 

remainder of this temporary deviation, 

and the bridge shall be returned to its 

normal operating schedule. Notice of 

the above action shall be provided to the 

public in the Local Notice to Mariners 

and the Federal Register, where 

practicable. 

This deviation from the operating 

regulations is authorized under 33 CFR 

117.35. 

Dated: 31 October 2006. 

Gary Kassof, 

Bridge Program Manager, First Coast Guard 

District. 

[FR Doc. E6–19313 Filed 11–15–06; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[CGD01–06–122] 

RIN 1625–AA09 

Drawbridge Operation Regulations; 

Thames River, New London, CT 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard has 

temporarily changed the drawbridge 

operation regulations that govern the 

Amtrak Bridge across the Thames River, 

mile 0.8, at New London, Connecticut. 

This temporary final rule allows the 

bridge owner to open the bridge on a 

temporary opening schedule from 

November 15, 2006 through May 15, 

2007. This temporary final rule is 

necessary to facilitate bridge pier 

repairs. 

DATES: This rule is effective from 

November 15, 2006 through May 15, 

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 (CGD01–06–122) and are 

available for inspection or copying at 

the First Coast Guard District, Bridge 

Branch Office, one South Street, New 

York, New York, between 7 a.m. and 3 

p.m., Monday through Friday, except 

Federal holidays. 


rmajette on PROD1PC67 with RULES1