58056 Federal Register / Vol. 70, No. 192 / Wednesday, October 5, 2005 / Rules and Regulations 

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 

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, 

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 (34)(h), of the 

Instruction, from further environmental 

documentation. 

Under figure 2–1, paragraph (34)(h), 

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 100 

Marine Safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends part 

100 of Title 33, Code of Federal 

Regulations, as follows: 

PART 100—MARINE EVENTS 

■ 1. The authority citation for Part 100 

continues to read as follows: 

Authority: 33 U.S.C. 1233; Department of 

Homeland Security Delegation No. 0170.1 

■ 2. Section 100.1307 is added to read 

as follows: 

§ 100.1307 Special Local Regulations, 

Strait Thunder Performance, Port Angeles, 

WA. 

(a) Regulated Areas. (1) The race area 

encompasses all waters located inside of 

a line connecting the following points 

located near Port Angeles, Washington: 

Point 1: 48°07′24′′ N, 123°25′32′′ W; 

Point 2: 48°07′26′′ N, 123°24′35′′ W; 

Point 3: 48°07′12′′ N, 123°25′31′′ W; 

Point 4: 48°07′15′′ N, 123°24′34′′ W. 

[Datum: NAD 1983]. 

(2) The spectator area encompasses 

all waters located within a box bounded 

by the following points located near 

Port Angeles, Washington: 

Point 1: 48°07′32′′ N, 123°25′33′′ W; 

Point 2: 48°07′29′′ N, 123°24′36′′ W; 

Point 3: 48°07′24′′ N, 123°25′32′′ W; 

Point 4: 48°07′26′′ N, 123°24′35′′ W. 

[Datum: NAD 1983.] 

(b) Definitions. For the purpose of this 

section the following definitions apply: 

(1) Coast Guard Patrol Commander 

means a commissioned, warrant, or 

petty officer of the Coast Guard who has 

been designated by Commander, Coast 

Guard Group Port Angeles. The Coast 

Guard Patrol Commander is empowered 

to control the movement of vessels in 

the regulated area. 

(2) Patrol Vessel means any Coast 

Guard vessel, Coast Guard Auxiliary 

vessel, or other federal, state or local 

law enforcement vessel. 

(c) Special Local Regulations. (1) Nonparticipant vessels are prohibited from 

entering the race area unless authorized 

by the Coast Guard Patrol Commander. 

(2) Spectator craft may remain in the 

designated spectator area but must 

follow the directions of the Coast Guard 

Patrol Commander. Spectator craft 

entering, exiting or moving within the 

spectator area must operate at speeds, 

which will create a minimum wake, and 

not exceed seven knots. The maximum 

speed may be reduced at the discretion 

of the Patrol Commander. 

(3) A succession of sharp, short 

signals by whistle or horn from a Patrol 

Vessel will serve as a signal to stop. 

Vessels signaled must stop and comply 

with the orders of the Patrol Vessel. 

Failure to do so may result in expulsion 

from the area, citation for failure to 

comply, or both. 

(4) The Coast Guard Patrol 

Commander may be assisted by other 

federal, state and local law enforcement 

agencies in enforcing this regulation. 

(d) Enforcement dates. This section is 

enforced annually on the first or second 

Friday, Saturday, and Sunday in 

October from 9 a.m. until 5 p.m. The 

event is a three day event and the 

specific dates will be published each 

year in the Federal Register. In 2005, 

this section will be enforced from 9 a.m. 

until 5 p.m. on Friday, September 30th, 

to Sunday, October 2nd. 

Dated: September 27, 2005. 

R.R. Houck, 

Rear Admiral, U.S. Coast Guard Commander, 

Thirteenth Coast Guard District. 

[FR Doc. 05–20021 Filed 10–4–05; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[CGD01–05–091] 

Drawbridge Operation Regulations: 

Newtown Creek, Dutch Kills, English 

Kills, and Their Tributaries, NY 

AGENCY: Coast Guard, DHS. 

Federal Register / Vol. 70, No. 192 / Wednesday, October 5, 2005 / Rules and Regulations 58057 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, First Coast 

Guard District, has issued a temporary 

deviation from the drawbridge operation 

regulations for the Metropolitan Avenue 

Bridge, mile 3.4, across English Kills at 

New York City, New York. Under this 

temporary deviation the bridge may 

remain in the closed position from 11 

p.m. on October 21, 2005 through 6 a.m. 

on October 24, 2005. This temporary 

deviation is necessary to facilitate 

scheduled bridge maintenance. 

DATES: This deviation is effective from 

October 21, 2005 through October 24, 

2005. 

FOR FURTHER INFORMATION CONTACT: Judy 

Leung-Yee, Project Officer, First Coast 

Guard District, at (212) 668–7195. 

SUPPLEMENTARY INFORMATION: The 

Metropolitan Avenue Bridge has a 

vertical clearance in the closed position 

of 10 feet at mean high water and 15 feet 

at mean low water. The existing 

drawbridge operation regulations are 

listed at 33 CFR 117.801(e). 

The owner of the bridge, New York 

City Department of Transportation 

(NYCDOT), requested a temporary 

deviation from the drawbridge operation 

regulations to facilitate scheduled 

bridge repairs, counterweight 

replacement. The bridge must remain in 

the closed position in order to perform 

this work. 

Under this temporary deviation the 

NYCDOT Metropolitan Avenue Bridge 

may remain in the closed position from 

11 p.m. on October 21, 2005 through 6 

a.m. on October 24, 2005. 

This deviation from the operating 

regulations is authorized under 33 CFR 

117.35, and will be performed with all 

due speed in order to return the bridge 

to normal operation as soon as possible. 

Dated: September 23, 2005. 

Gary Kassof, 

Bridge Program Manager, First Coast Guard 

District. 

[FR Doc. 05–19948 Filed 10–4–05; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[CGD01–05–092] 

Drawbridge Operation Regulations: 

Chelsea River, MA 

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 drawbridge operation 

regulations for the P.J. McArdle Bridge, 

mile 0.3, across the Chelsea River 

between East Boston and Chelsea, 

Massachusetts. Under this temporary 

deviation the bridge may remain closed 

from 7 a.m. to 3 p.m., on October 24, 

2005 and October 27, 2005. This 

temporary deviation is necessary to 

facilitate scheduled bridge maintenance. 

DATES: This deviation is effective from 

October 24, 2005 through October 27, 

2005. 

FOR FURTHER INFORMATION CONTACT: John 

McDonald, Project Officer, First Coast 

Guard District, at (617) 223–8364. 

SUPPLEMENTARY INFORMATION: The P.J. 

McArdle Bridge has a vertical clearance 

in the closed position of 21 feet at mean 

high water and 30 feet at mean low 

water. The existing drawbridge 

operation regulations are listed at 33 

CFR 117.593. 

The owner of the bridge, the City of 

Boston, requested a temporary deviation 

from the drawbridge operation 

regulations to facilitate scheduled 

bridge maintenance, bearing 

replacement. 

Under this temporary deviation the 

P.J. McArdle Bridge may remain closed 

from 7 a.m. to 3 p.m., on October 24, 

2005 and October 27, 2005. 

This deviation from the operating 

regulations is authorized under 33 CFR 

117.35, and will be performed with all 

due speed in order to return the bridge 

to normal operation as soon as possible. 

Dated: September 23, 2005. 

Gary Kassof, 

Bridge Program Manager, First Coast Guard 

District. 

[FR Doc. 05–19947 Filed 10–4–05; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[CGD01–05–061] 

RIN 1625–AA09 

Drawbridge Operation Regulations: 

Hackensack River, NJ 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard has changed 

the drawbridge operation regulations 

that govern the Amtrak Portal Bridge at 

mile 5.0, across the Hackensack River at 

Little Snake Hill, New Jersey. This final 

rule allows the bridge owner to expand 

the two time periods in the morning and 

in the afternoon, Monday through 

Friday, when the bridge may remain 

closed to vessel traffic. 

DATES: This rule is effective November 

4, 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 

docket (CGD01–05–061) and are 

available for inspection or copying at 

the First Coast Guard District, Bridge 

Branch Office, 408 Atlantic Avenue, 

Boston, Massachusetts 02110, between 7 

a.m. and 3 p.m., Monday through 

Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Gary Kassof, Bridge Administrator, First 

Coast Guard District, (212) 668–7165. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

On July 29, 2005, we published a 

notice of proposed rulemaking (NPRM) 

entitled Drawbridge Operation 

Regulations; Hackensack River, New 

Jersey, in the Federal Register (70 FR 

43812). We received 30 comment letters 

in response to the notice of proposed 

rulemaking. All 30 comment letters 

were in favor of the proposed 

rulemaking. No public hearing was 

requested and none was held. 

Background and Purpose 

The Amtrak Portal Bridge has a 

vertical clearance of 23 feet at mean 

high water and 28 feet at mean low 

water in the closed position. The 

existing operating regulations are listed 

at 33 CFR 117.723(c). 

The owner of the bridge, National 

Railroad Passenger Corporation 

(AMTRAK), requested a change to the 

drawbridge operation regulations that 

would expand the two time periods in 

the morning and afternoon, Monday 

through Friday, when the bridge may 

remain closed to vessel traffic. 

Rail traffic during the morning and 

afternoon commuter periods has 

increased over the past several years. 

Bridge openings during the two 

commuter time periods have caused 

delays to rail traffic prompting the 

bridge owner to request the expansion 

of the two bridge closure periods in the 

morning and afternoon Monday through 

Friday. 

The Coast Guard conducted two 90- 

day test deviations to help determine if 

the proposed drawbridge operation 

schedule changes would help facilitate