Federal Register / Vol. 70, No. 164 / Thursday, August 25, 2005 / Rules and Regulations 49877

SERVICE FEE TABLE

[Effective September 26, 2005] 

Service Fee 

amount 30 CFR citation 

(1) Record Title/Operating Rights (Transfer) ............................................................................................................. $170 § 256.64 

(2) Non-required Document Filing ............................................................................................................................. 25 § 256.64 

(b) Once a fee is paid, it is 

nonrefundable, even if an application or 

other request is withdrawn. If your 

application is returned to you as 

incomplete, you are not required to 

submit a new fee with the amended 

application.

n 12. In § 256.64, revise paragraph (a)(8) 

to read as follows:

§ 256.64 How to file transfers.

* * * * *

(a) * * * 

(8) You must pay the service fee listed 

in § 256.63 of this subpart with your 

application for approval of any 

instrument of transfer you are required 

to file (Record Title/Operating Rights 

(Transfer) Fee). Where multiple 

transfers of interest are included in a 

single instrument, a separate fee applies 

to each individual transfer of interest. 

For any document you are not required 

to file by these regulations but which 

you submit for record purposes per 

lease affected, you must also pay the 

service fee listed in § 256.63 (Nonrequired Document Filing Fee). Such 

documents may be rejected at the 

discretion of the authorized officer.

* * * * *

[FR Doc. 05–16854 Filed 8–24–05; 8:45 am] 

BILLING CODE 4310–MR–P

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[CGD08–05–025] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Mississippi River, Rock Island, IL

AGENCY: Coast Guard, DHS.

ACTION: Temporary rule.

SUMMARY: The Coast Guard is 

temporarily 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-to-navigation 

position from 8 a.m. to 11 a.m. on 

September 25, 2005. This rule allows 

the drawbridge be maintained in the 

closed-to-navigation position to allow 

the annually scheduled running of a 

foot race as part of a local community 

event.

DATES: This rule is effective 8 a.m. to 11 

a.m., September 25, 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 

this docket (CGD08–05–025) and are 

available for inspection or copying at 

room 2.107f in the Robert A. Young 

Federal Building, Eighth Coast Guard 

District, 1222 Spruce Street, Saint Louis, 

MO 63103, 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 June 2, 2005, we published a 

notice of proposed rulemaking (NPRM) 

entitled Drawbridge Operation 

Regulation; Mississippi River, Iowa and 

Illinois in the Federal Register (70 FR 

32276). We received no comment letters 

on the proposed rule. No public meeting 

was requested, and none was held. 

Background and Purpose 

On March 29, 2005, the Department of 

the 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 a three hour period while a 

foot race is held in the city of 

Davenport, IA. The drawbridge has a 

vertical clearance of 23.8 feet above 

normal pool in the closed-to-navigation 

position. Navigation on the waterway 

consists primarily of commercial tows 

and recreational watercraft that will be 

minimally impacted by the limited 

closure period of three hours. Presently, 

the draw opens on signal for the passage 

of river traffic. The Rock Island Arsenal 

requested the drawbridge be permitted 

to remain closed-to-navigation from 8 

a.m. until 11 a.m. on Sunday, 

September 25, 2005. 

Discussion of Comments and Changes 

The Coast Guard received no 

comment letters. No changes will be 

made to this temporary 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. 

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 want to assist small entities in 

49878 Federal Register / Vol. 70, No. 164 / Thursday, August 25, 2005 / Rules and Regulations 

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). 

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, 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.

List of Subjects in 33 CFR Part 117 

Bridges.

Regulations

n For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 117 as follows:

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS

n 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.

n 2. From 8 a.m. to 11 a.m. on September 

25, 2005, temporarily add new section 

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: August 5, 2005. 

Kevin L. Marshall, 

Captain, U.S. Coast Guard, Commander, 8th 

Coast Guard Dist. Acting.

[FR Doc. 05–16923 Filed 8–24–05; 8:45 am] 

BILLING CODE 4910–15–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[TN–2000506; FRL–7952–2] 

Approval and Promulgation of Air 

Quality Implementation Plans; Knox 

County, Tennessee; Revised Format 

for Materials Being Incorporated by 

Reference

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Final rule; notice of 

administrative change. 

SUMMARY: EPA is revising the format of 

part 52 of title 40 of the Code of Federal 

Regulations (40 CFR part 52) for 

materials submitted by Knox County 

that are incorporated by reference (IBR)