5170 Federal Register / Vol. 71, No. 21 / Wednesday, February 1, 2006 / Rules and Regulations 

in the development of voluntary and 

mandatory standards. The Laboratory 

coordinates and cooperates with other 

Federal agencies, private industry, and 

consumer interest groups by sharing 

engineering and scientific research, test, 

and evaluation expertise. Additionally, 

Corrective Action Plans, proposed by 

manufacturers to correct a product 

defect, are tested and evaluated to 

assure that the proposed changes 

adequately resolve the problem. 

Regulated products, such as children’s 

products, sleepwear, and bicycle 

helmets, are routinely tested and 

evaluated for compliance with the 

Consumer Product Safety Act, the 

Federal Hazardous Substances Act, the 

Flammable Fabrics Act, and the Poison 

Prevention Packaging Act. The 

Directorate is composed of the 

Mechanical Engineering Division, the 

Electrical Engineering Division (which 

includes flammable fabrics), and the 

Chemical Division. Overall, the 

directorate provides engineering, 

scientific, and other technical expertise 

to all entities within the Consumer 

Product Safety Commission. 

Dated: January 25, 2006. 

Todd A. Stevenson, 

Secretary, Consumer Product Safety 

Commission. 

[FR Doc. 06–902 Filed 1–31–06; 8:45 am] 

BILLING CODE 6355–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[CGD08–06–001] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Mississippi River, Iowa and Illinois 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is changing 

the regulation governing the Clinton 

Railroad Drawbridge, Mile 518.0, Upper 

Mississippi River at Clinton, Iowa. 

Under the rule, the drawbridge shall 

open on signal if at least 24 hours 

advance notice is given from 12:01 a.m., 

on January 20, 2006 until 9 a.m., on 

March 1, 2006. This rule allows time for 

making upgrades to critical mechanical 

components and to perform scheduled 

annual maintenance/repairs to the 

bridge. 

DATES: This rule is effective from 12:01 

a.m., January 20, 2006, until 9 a.m., 

March 1, 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 

the docket [CGD08–06–001] 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 

We did not publish a notice of 

proposed rulemaking (NPRM) for this 

regulation or give 30 days notice. Under 

5 U.S.C. 553(b)(B) and 5 U.S.C. 553(d)(3) 

the Coast Guard finds that good cause 

exists for not publishing an NPRM and 

for making this rule effective in less 

than 30 days after publication in the 

Federal Register. Due to Hurricane 

Katrina and Hurricane Rita 

communications and documents were 

lost causing the inability to publish a 

NPRM and give 30 days notice because 

the maintenance has to begin during the 

winter months while river traffic is very 

minimal. 

Background and Purpose 

On June 10, 2005, the Union Pacific 

Railroad Company requested a 

temporary change to the operation of the 

Clinton Railroad Drawbridge, across the 

Upper Mississippi River, Mile 518.0, at 

Clinton, Iowa to open on signal if at 

least 24 hours advance notice is given 

to facilitate critical bridge repair and 

annual maintenance. Advance notice 

may be given by calling the Clinton 

Yardmaster’s office at (319) 244–3204 at 

any time; or (319) 244–3269 weekdays 

between 7 a.m. and 3:30 p.m.; or Mr. 

Tomaz Gawronski, office (515) 263–

4536 or cell phone (515) 710–6829. 

The Clinton Railroad Drawbridge 

navigation span has a vertical clearance 

of 18.7 feet above normal pool in the 

closed to navigation position. 

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 Union 

Pacific Railroad Company requested the 

drawbridge be permitted to remain 

closed-to-navigation from 12:01 a.m., 

January 20, 2005 until 9 a.m., March 1, 

2006 unless 24 hours advance notice is 

given of the need to open. Winter 

conditions on the Upper Mississippi 

River coupled with the closure of Lock 

and Dam 19, Mile 364.3, Upper 

Mississippi River, at Keokuk, Iowa will 

preclude any significant navigation 

demands for the drawspan opening. The 

Clinton Railroad Drawbridge, Mile 

518.0, Upper Mississippi River, is 

located upstream from Lock and Dam 

19. Performing maintenance on the 

bridge during the winter, when the 

number of vessels likely to be impacted 

is minimal, is preferred to the bridge 

closure or advance notification 

requirements during the navigation 

season. This temporary change to the 

drawbridge’s operation has been 

coordinated with the commercial 

waterway operators. 

Discussion of Changes 

This rule temporarily amends 33 CFR 

part 117, allowing the Clinton Railroad 

Drawbridge, mile 518.0, to change from 

an open on demand schedule to one 

requiring at least 24 hours advance 

notice. 

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 

Clinton Railroad 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. 

The Coast Guard certifies under 5 

U.S.C. 605(b) that this rule would not 


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Federal Register / Vol. 71, No. 21 / Wednesday, February 1, 2006 / Rules and Regulations 5171 

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 want to assist small entities in 

understanding this rule so that they 

could 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 Mr. Roger K. 

Wiebusch, Bridge Administrator, Eighth 

Coast Guard District, Bridge Branch, at 

(314) 539–3900, extension 2378. 

Collection of Information 

This 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 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, Government 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 does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

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. 

List of Subjects in 33 CFR Part 117 

Bridges. 

Regulations 

■ For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 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 January 20, 2005 until March 

1, 2006, add temporary § 117.T399 to 

read as follows: 

§ 117.T399 Upper Mississippi River. 

From 12:01 a.m., January 20, 2006 

until 9 a.m., March 1, 2006 the Clinton 

Railroad Drawbridge, Mile 518.0, Upper 

Mississippi River at Clinton, Iowa shall 

open on signal if at least 24 hours notice 

is given. Notice may be given by calling 

Clinton Yardmaster’s office at (319) 

244–3204 at anytime; or (319) 244–3269 

weekdays between 7 a.m. and 3:30 p.m.; 

or Mr. Tomaz Gawronski, office (515) 

263–4536 or cell phone (515) 710–6829. 

Dated: January 20, 2006. 

R.F. Duncan, 

Rear Admiral, U.S. Coast Guard, Commander 

Eighth Coast Guard District. 

[FR Doc. 06–904 Filed 1–31–06; 8:45 am] 

BILLING CODE 4910–15–P 


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