Federal Register / Vol. 70, No. 197 / Thursday, October 13, 2005 / Rules and Regulations 59655 

philosophy and principles set forth in 

that Executive Order. 

Executive Orders 12372 and 13132: 

Federalism 

This rule will not have substantial 

direct effects on the States, on the 

relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. Nor would the 

rule have federalism implications 

warranting the application of Executive 

Orders 12372 and 13132. 

Executive Order 12988: Civil Justice 

Reform 

The Department of State has reviewed 

this rule in light of sections 3(a) and 

3(b)(2) of Executive Order 12988 to 

eliminate ambiguity, minimize 

litigation, establish clear legal 

standards, and reduce burden. 

Paperwork Reduction Act 

This rule does not impose any new 

reporting or record-keeping 

requirements subject to the Paperwork 

Reduction Act, 44 U.S.C. Chapter 35. 

List of Subjects 

Administrative practice and 

procedure. 

■ Accordingly, for the reasons set forth 

in the preamble, 22 CFR Part 96 is 

added to read as follows: 

PART 96—INTERNATIONAL 

TRAFFICKING IN PERSONS: 

INTERAGENCY COORDINATION OF 

ACTIVITIES AND SHARING OF 

INFORMATION 

Sec. 

96.1 Coordination of Implementation of the 

Trafficking Victims Protection Act of 

2000, as amended. 

96.2 Sharing of Information Regarding 

International Trafficking in Persons. 

Authority: 22 U.S.C. 7103(f)(5); Executive 

Order 13257 (as amended by Executive Order 

13333). 

§ 96.1 Coordination of Implementation of 

the Trafficking Victims Protection Act of 

2000, as amended. 

The Director of the Office to Monitor 

and Combat Trafficking in Persons of 

the Department of State, who is the 

Chairperson of the Senior Policy 

Operating Group of the President’s 

Interagency Task Force to Monitor and 

Combat Trafficking in Persons, shall call 

meetings of the Senior Policy Operating 

Group on a regular basis to coordinate 

activities of Federal departments and 

agencies regarding policies (including 

grants and grant policies) involving the 

international trafficking in persons and 

the implementation of the Trafficking 

Victims Protection Act of 2000, as 

amended. 

§ 96.2 Sharing of Information Regarding 

International Trafficking in Persons. 

Each Federal Department or agency 

represented on the Senior Policy 

Operating Group shall, to the extent 

permitted by law, share information on 

all matters relating to grants, grant 

policies, or other significant actions 

regarding the international trafficking in 

persons. In its coordinating role, the 

Senior Policy Operating Group shall 

establish appropriate mechanisms to 

effect such information sharing. 

Dated: September 22, 2005. 

Robert B. Zoellick, 

Deputy Secretary of State, Department of 

State. 

[FR Doc. 05–20549 Filed 10–12–05; 8:45 am] 

BILLING CODE 4710–08–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[CGD09–05–081] 

RIN 1625–AA09 

Drawbridge Operation Regulations; 

Fox River, Green Bay, WI and DePere, 

WI 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is revising 

the operating regulations for highway 

drawbridges to establish permanent 

winter operating hours, and to establish 

operating regulations for two Canadian 

National Railway drawbridges, all 

located over the Fox River in Green Bay 

and DePere, WI. The revised regulation 

establishes permanent winter operating 

schedules for all drawbridges during 

winter months while still providing for 

the reasonable needs of navigation. 

DATES: This rule is effective November 

14, 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 [CGD09–05–081] and are 

available for inspection or copying at 

Commander (obr), Ninth Coast Guard 

District, 1240 E. Ninth Street, Room 

2025, Cleveland, Ohio 44199–2060, 

between 7 a.m. and 3 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: Scot 

M. Striffler, Bridge Management 

Specialist, Ninth Coast Guard District, at 

(216) 902–6087. 

SUPPLEMENTARY INFORMATION: 

Regulatory History 

On August 10, 2005, we published a 

notice of proposed rulemaking (NPRM) 

entitled, ‘‘Drawbridge Operation 

Regulations; Fox River, Green Bay, WI 

and DePere, WI,’’ in the Federal 

Register (70 FR 46441). We received no 

letters commenting on the proposed 

rule. No public meeting was requested, 

and none was held. 

Background and Purpose 

The U.S. Coast Guard, at the request 

of Wisconsin Department of 

Transportation (WI–DOT), is modifying 

the existing operating schedule of the 

Main Street, Walnut Street, Mason 

Street (Tilleman Memorial), and George 

Street highway drawbridges between 

miles 1.58 and 7.27, and the two 

Canadian National Railway drawbridges 

at miles 1.03 and 3.31, respectively, 

over Fox River. The modified regulation 

primarily establishes permanent winter 

operating schedules for each drawbridge 

in lieu of the annual winter 

authorization granted by Commander, 

Ninth Coast Guard District, under the 

authority of 33 CFR 117.45. 

All highway drawbridges are 

currently required to operate year-round 

and open on signal, except between the 

hours of 7 a.m. to 8 a.m., 12 noon to 1 

p.m., and 4 p.m. to 5 p.m., Monday 

through Saturday, except for Federal 

holidays. This schedule does not apply 

to public vessels, tugs, and commercial 

vessels with a cargo capacity of 300 

short tons or over, which are passed at 

all times. As noted, these drawbridges 

were granted yearly authorization to 

alter their operating schedules between 

December 15 and April 1 since 

approximately 1992. 

The railroad drawbridges operated by 

Canadian National Railway at miles 1.03 

and 3.31 over Fox River are swing 

bridges and currently have no 

permanent operating regulations, which 

requires the drawbridges to open on 

signal for vessels year-round, 24 hours 

per day. The Ninth Coast Guard District 

has also granted a yearly winter 

operating schedule for the railroad 

drawbridges from December 15 to April 

1 each year since approximately 1992. 

WI–DOT requested that the Coast 

Guard implement a permanent winter 

operating schedule for the Walnut Street 

and Mason Street (Tilleman Memorial) 

drawbridges between December 1 and 

April 1 each year. The Coast Guard 

expanded the review of all drawbridge 

regulations on Fox River to include the 

59656 Federal Register / Vol. 70, No. 197 / Thursday, October 13, 2005 / Rules and Regulations 

remaining highway drawbridges and the 

railroad drawbridges. 

The Coast Guard requested 

drawbridge opening logs be provided for 

these two bridges for the month of 

December since the yearly authorization 

granted by the Coast Guard started on 

December 15 instead of the requested 

December 1 start date. The two highway 

bridges were considered representative 

of all drawbridges in Green Bay. The 

logs revealed that the request to begin 

winter operating hours on December 1 

instead of December 15 was reasonable. 

Local Coast Guard units and 

representatives of American shipping 

companies were also consulted 

regarding the proposed schedule and 

provided no objections. The Canadian 

National Railway drawbridges would 

operate under the same schedules as the 

highway drawbridges, as requested by 

the railroad company in the past. During 

the yearly winter authorization granted 

for the highway and railroad 

drawbridges since 1992, the Coast 

Guard received no complaints regarding 

this schedule. 

Discussion of Comments and Changes 

No comments or letters were received 

in response to the NPRM. No changes to 

the proposed regulation were made. 

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 minimal 

public impact from this rule. The 

operating hours for recreational vessels 

does not effectively change since the 

substantive changes occur during winter 

months when recreational vessel 

activity has ceased. Commercial vessels 

have been required to provide 12-hours 

advance notice prior to passing 

drawbridges since approximately 1992 

with no reported problems. 

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 will not have 

a significant economic impact on a 

substantial number of small entities. 

This is because the new schedule for all 

highway and railroad drawbridges will 

not significantly affect large commercial 

vessels during the winter navigation 

season. Impacts to a substantial number 

of small entities will not occur since 

these entities mostly operate during 

non-winter months. 

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 

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–

888–REG–FAIR (1–888–734–3247). 

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, 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 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 

Federal Register / Vol. 70, No. 197 / Thursday, October 13, 2005 / Rules and Regulations 59657 

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. This rule involves 

modifying or establishing drawbridge 

operation regulations to reflect standard 

practices for drawbridge operating 

schedules during winter months on the 

Great Lakes, and will not have any 

impact on the environment. 

List of Subjects in 33 CFR Part 117 

Bridges. 

Regulations 

■ 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; 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. Section 117.1087 is amended by 

revising paragraphs (a) and (b) to read 

as follows: 

§ 117.1087 Fox River. 

(a) The draws of the Canadian 

National Bridge, mile 1.03, Main Street 

Bridge, mile 1.58, Walnut Street Bridge, 

mile 1.81, Mason Street (Tilleman 

Memorial) Bridge, mile 2.27, and 

Canadian National Bridge, mile 3.31, all 

at Green Bay, shall open as follows: 

(1) From April 1 through November 

30, the draws shall open on signal for 

recreational vessels; except the draws 

need not open from 7 a.m. to 8 a.m., 12 

noon to 1 p.m., and 4 p.m. to 5 p.m., 

Monday through Saturday except 

Federal holidays. Public vessels, tugs, 

and commercial vessels with a cargo 

capacity of 300 short tons or greater 

shall be passed at all times. 

(2) From December 1 through March 

31, the draws shall open on signal if 

notice is given at least 12 hours in 

advance of a vessels time of intended 

passage. 

(3) The opening signal for the Main 

Street Bridge is two short blasts 

followed by one prolonged blast, for the 

Walnut Street Bridge one prolonged 

blast followed by two short blasts, and 

for the Mason Street Bridge one 

prolonged blast, followed by one short 

blast, followed by one prolonged blast. 

(b) The draw of the George Street 

Bridge, mile 7.27 at DePere, shall open 

on signal from April 1 to November 30; 

except that, from 6 p.m. to 8 a.m., the 

draw shall open on signal if notice is 

given at least 2 hours in advance of a 

vessels time of intended passage. From 

December 1 to March 31, the draw shall 

open on signal if notice is given at least 

12 hours in advance of a vessels time of 

intended passage. 

* * * * * 

Dated: September 30, 2005. 

R.J. Papp, Jr., 

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

Ninth Coast Guard District. 

[FR Doc. 05–20468 Filed 10–12–05; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[R01–OAR–2005–CT–0003; 

A–1–FRL–7979–8] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Connecticut; Redesignation of City of 

New Haven PM10 Nonattainment Area 

to Attainment and Approval of the 

Limited Maintenance Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The EPA is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of Connecticut. 

This revision approves the Limited 

Maintenance Plan (LMP) for the New 

Haven PM10 nonattainment area (New 

Haven NAA) in the State of Connecticut 

and grants a request by the State to 

redesignate the New Haven NAA to 

attainment for the National Ambient Air 

Quality Standards (NAAQS) for 

particulate matter with an aerodynamic 

diameter less than or equal to a nominal 

10 micrometers (PM10). EPA is 

approving this redesignation and LMP 

because Connecticut has met the 

applicable requirements of the Clean Air 

Act (CAA). 

DATES: This direct final rule will be 

effective December 12, 2005, unless EPA 

receives adverse comments by 

November 14, 2005. If adverse 

comments are received, EPA will 

publish a timely withdrawal of the 

direct final rule in the Federal Register 

informing the public that the rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Regional Material in 

EDocket (RME) ID Number R01–OAR–

2005–CT–0003 by one of the following 

methods: 

1. Federal eRulemaking Portal: 

http://www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

2. Agency Web site: http:// 

docket.epa.gov/rmepub/ Regional 

Material in EDocket (RME), EPA’s 

electronic public docket and comment 

system, is EPA’s preferred method for 

receiving comments. Once in the 

system, select ‘‘quick search,’’ then key 

in the appropriate RME Docket 

identification number. Follow the online instructions for submitting 

comments. 

3. E-mail: conroy.dave@epa.gov. 

4. Fax: (617) 918–1661. 

5. Mail: ‘‘RME ID Number R01–OAR–

2005–CT–0003’’, David Conroy, U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, One 

Congress Street, Suite 1100 (mail code 

CAQ), Boston, MA 02114–2023. 

6. Hand Delivery or Courier. Deliver 

your comments to: David Conroy, Air 

Programs Branch Chief, Office of 

Ecosystem Protection, U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, One 

Congress Street, 11th floor, (CAQ), 

Boston, MA 02114–2023. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 to 4:30 excluding Federal 

holidays. 

Instructions: Direct your comments to 

Regional Material in EDocket (RME) ID 

Number R01–OAR–2005–CT–0003. 

EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

docket.epa.gov/rmepub/, including any