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
66674 Federal Register / Vol. 71, No. 221 / Thursday, November 16, 2006 / Rules and Regulations 

FOR FURTHER INFORMATION CONTACT: Ms. 

Judy Leung-Yee, Project Officer, First 

Coast Guard District, (212) 668–7195. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

On October 19, 2006, we published a 

notice of proposed rulemaking (NPRM) 

entitled ‘‘Drawbridge Operation 

Regulations’’; Thames River, 

Connecticut, in the Federal Register (71 

FR 61698). We received no comments in 

response to the notice of proposed 

rulemaking. No public hearing was 

requested and none was held. 

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

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. 

Due to the urgency of the repairs, it 

is essential that this rule becomes 

effective on November 15, 2006. 

The owner of the bridge, National 

Railroad Passenger Corporation 

(Amtrak), requested a temporary final 

rule to facilitate unscheduled structural 

bridge repairs. 

On June 29, 2006, the bridge owner 

discovered that one of the main bridge 

piers had shifted as a result of pile 

driving for the new adjacent Amtrak 

Bridge. In order to perform corrective 

repairs, minimize structural 

impingement, and continue to provide 

for rail traffic, the bridge must remain in 

the closed position, except during 

specific time periods during which the 

bridge will remain in the full open 

position for the passage of vessel traffic. 

The Coast Guard published a 

temporary deviation in the Federal 

Register on July 24, 2006, [71 FR 41730] 

to allow immediate repairs to the bridge 

to commence. 

On September 6, 2006, Amtrak 

contacted the Coast Guard and 

requested a temporary regulation 

effective from November 15, 20006 

through May 15, 2007, to facilitate the 

completion of the bridge repairs. 

The Coast Guard published a notice of 

proposed rulemaking (71 FR 61698) on 

October 19, 2006. No comments were 

received in response to the NPRM. 

The Coast Guard believes making this 

temporary final rule effective in less 

than 30-days after publication in the 

Federal Register is reasonable because 

the bridge repairs facilitated by this 

temporary rule are vital and necessary 

repairs that must be performed with all 

due speed in order to assure the 

continued safe and reliable operation of 

the bridge. 

Background and Purpose 

The Amtrak Bridge, at mile 0.8, across 

the Thames River has a vertical 

clearance of 30 feet at mean high water 

and 33 feet at mean low water in the 

closed position. The existing operating 

regulations are listed at 33 CFR 117.224. 

The owner of the bridge, National 

Railroad Passenger Corporation 

(Amtrak), requested a temporary change 

to the drawbridge operation regulations 

to facilitate repairs to one of the main 

bridge piers. 

On June 29, 2006, the bridge owner 

discovered that one of the main bridge 

piers had shifted as a result of pile 

driving for the new adjacent Amtrak 

Bridge. 

In order to perform corrective repairs, 

minimize structural impingement, and 

continue to provide for rail traffic, the 

bridge must remain in the closed 

position except during specific time 

periods during which the bridge will 

remain in the full open position for the 

passage of vessel traffic. 

Under this temporary final rule, from 

November 15, 2006 through May 15, 

2007, the Amtrak Bridge across the 

Thames River, mile 3.0, at New London, 

Connecticut, shall remain in the full 

open position for the passage of vessel 

traffic as follows: 

Monday through Friday: 5 a.m. to 5:40 

a.m.; 11:20 a.m. to 11:55 a.m.; 3:35 p.m. 

to 4:15 p.m.; and 8:30 p.m. to 8:55 p.m. 

Saturday: 8:30 a.m. to 9:10 a.m.; 12:35 

p.m. to 1:05 p.m.; 3:40 p.m. to 4:10 p.m.; 

5:35 p.m. to 6:05 p.m.; and 7:35 p.m. to 

8:40 p.m. 

Sunday: 8:30 a.m. to 9:20 a.m.; 11:35 

a.m. to 12:15 p.m.; 1:30 p.m. to 1:55 

p.m.; 6:30 p.m. to 7:10 p.m.; and 8:30 

p.m. to 9:15 p.m. 

The bridge shall open on signal at any 

time for the passage of U.S. Navy 

submarines, Navy escort vessels, and 

commercial vessels. 

At all other times the draw shall 

remain in the closed position. Vessels 

that can pass under the draw without a 

bridge opening may do so at all times. 

The Coast Guard believes this 

temporary final rule is reasonable 

because the required repair work is vital 

and necessary in order to ensure the safe 

and continued reliable operation of the 

bridge. 

Discussion of Comments and Changes 

The Coast Guard received no 

comments in response to the notice of 

proposed rulemaking and as a result, no 

changes have been made to this 

temporary 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. 

This conclusion is based on the fact 

that the vessel traffic that normally 

transits this bridge should only be 

minimally affected as they will still be 

able to transit the bridge under the 

temporary opening schedule. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we 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 less than 50,000. 

The Coast Guard certifies under 5 

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

have a significant economic impact on 

a substantial number of small entities. 

This conclusion is based on the fact 

that the vessel traffic that normally 

transits this bridge should only be 

minimally affected as they will still be 

able to transit the bridge under the 

temporary opening schedule. 

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 the rule so that they 

could better evaluate its effects on them 

and participate in the rulemaking 

process. 

No small entities requested Coast 

Guard assistance and none was given. 

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–

888–REG–FAIR (1–888–734–3247). The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

Collection of Information 

This rule calls for no new collection 

of information under the Paperwork 


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Federal Register / Vol. 71, No. 221 / Thursday, November 16, 2006 / Rules and Regulations 66675 

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 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 concern an environmental risk 

to health or risk to safety that may 

disproportionately affect children. 

Indian Tribal Governments 

This final rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have 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 

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 

excluded, under figure 2–1, paragraph 

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

environmental documentation 

considering that it relates to the 

promulgation of operating regulations or 

procedures for drawbridges. Under 

figure 2–1, paragraph (32)(e), of the 

instruction, an ‘‘Environmental Analysis 

Check List’’ and a ‘‘Categorical 

Exclusion Determination’’ are not 

required for this rule. 

List of Subjects in 33 CFR Part 117 

Bridges. 

■ For the reasons set out 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. From November 15, 2006 through 

May 15, 2007, § 117.224 is amended by 

suspending paragraphs (a) and (b) and 

adding a temporary paragraph (c), to 

read as follows: 

§ 117.224 Thames River. 

* * * * * 

(c)(1) The draw shall remain in the 

full open position for the passage of 

vessel traffic as follows: 

(i) Monday through Friday from 5 

a.m. to 5:40 a.m.; 11:20 a.m. to 11:55 

a.m.; 3:35 p.m. to 4:15 p.m.; and 8:30 

p.m. to 8:55 p.m. 

(ii) Saturday from 8:30 a.m. to 9:10 

a.m.; 12:35 p.m. to 1:05 p.m.; 3:40 p.m. 

to 4:10 p.m.; 5:35 p.m. to 6:05 p.m.; and 

7:35 p.m. to 8:40 p.m. 

(iii) Sunday from 8:30 a.m. to 9:20 

a.m.; 11:35 a.m. to 12:15 p.m.; 1:30 p.m. 

to 1:55 p.m.; 6:30 p.m. to 7:10 p.m.; and 

8:30 p.m. to 9:15 p.m. 

(2) The draw shall open on signal at 

all times for the passage of U.S. Navy 

submarines, Navy escort vessels and 

commercial vessels. At all other times 

the draw need not open for the passage 

of vessel traffic. 

Dated: November 12, 2006. 

Timothy S. Sullivan, 

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

First Coast Guard District. 

[FR Doc. 06–9244 Filed 11–14–06; 12:50 pm] 

BILLING CODE 4910–15–P 

POSTAL RATE COMMISSION 

39 CFR Part 3001 

[Docket No. RM2006–1; Order No. 1481] 

Rate and Classification Requests 

AGENCY: Postal Rate Commission. 

ACTION: Final rule. 

SUMMARY: The Commission is re-issuing 

five sets of rules related to certain types 

of Postal Service requests that are due 

to expire, given sunset provisions. Reissuance entails eliminating sunset 


rmajette on PROD1PC67 with RULES1