Federal Register / Vol. 70, No. 192 / Wednesday, October 5, 2005 / Rules and Regulations 58059 

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. It has been determined 

that this final rule does not significantly 

impact 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; 33 CFR 1.05–1(g); 

Department of Homeland Security Delegation 

No. 0170.1; § 117.255 also issued under the 

authority of Pub. L. 102–587, 106 Stat. 5039. 

■ 2. Section 117.723 is amended by 

revising paragraph (c) to read as follows: 

§ 117.723 Hackensack River. 

* * * * * 

(c) Except as provided in paragraphs 

(a)(1) of this section, the draw of the 

Amtrak Portal Bridge, mile 5.0, at Little 

Snake Hill, need not open for the 

passage of vessel traffic Monday through 

Friday, except Federal holidays, from 6 

a.m. to 10 a.m. and from 4 p.m. to 8 p.m. 

Additional bridge openings shall be 

provided for commercial vessels from 6 

a.m. to 7:20 a.m.; 9:20 a.m. to 10 a.m.; 

4 p.m. to 4:30 p.m. and from 6:50 p.m. 

to 8 p.m., if at least a one-hour advance 

notice is given by calling the number 

posted at the bridge. At all other times 

the draw shall open on signal. 

* * * * * 

Dated: September 25, 2005. 

David P. Pekoske, 

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

First Coast Guard District. 

[FR Doc. 05–19952 Filed 10–4–05; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[CGD11–05–028] 

Drawbridge Operation Regulations; 

Sacramento River, Sacramento, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, Eleventh 

Coast Guard District, has issued a 

temporary deviation from the regulation 

governing the operation of the Tower 

Drawbridge across the Sacramento 

River, mile 59.0, at Sacramento, CA. 

This deviation allows the drawbridge to 

not open for vessel traffic and remain in 

the closed-to-navigation position. The 

deviation is necessary to rehabilitate the 

bridge deck. 

DATES: This deviation is effective from 

10 p.m. on October 16, 2005 through 7 

a.m. on October 20, 2005. 

ADDRESSES: Materials referred to in this 

document are available for inspection or 

copying at Commander (oan), Eleventh 

Coast Guard District, Building 50–3, 

Coast Guard Island, Alameda, CA 

94501–5100, between 8 a.m. and 4 p.m., 

Monday through Friday, except Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: 

David H. Sulouff, Chief, Bridge Section, 

Eleventh Coast Guard District, 

telephone (510) 437–3516. 

SUPPLEMENTARY INFORMATION: California 

Department of Transportation 

(CalTrans) requested a temporary 

change to the operation of the Tower 

Drawbridge, mile 59.0, Sacramento 

River, Sacramento, CA. The Tower 

Drawbridge navigation span provides 

vertical clearance of 30 feet above Mean 

High Water in the closed-to-navigation 

position. Presently, the draw is required 

to open on signal as required by 33 CFR 

117.189. CalTrans requested the 

drawbridge be allowed to remain closed 

to navigation from 10 p.m. on October 

16, 2005 to 7 a.m. on October 20, 2005. 

During this time, CalTrans will 

rehabilitate the bridge deck on the 

drawspan and avoid the risks associated 

with trying to maintain the delicate 

mechanical balance necessary for 

drawspan operation. Navigation on the 

waterway consists of both commercial 

and recreational watercraft. The 

drawspan can be operated for 

emergency purposes with 4 hours’

advance notice. Vessels that can pass 

through the bridge in the closed-tonavigation position may continue to do 

so at any time. This deviation to 

drawbridge regulating operations has 

been coordinated with the waterway 

users. No objections to the proposed 

deviation were received. 

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. 

This deviation from the operating 

regulations is authorized under 33 CFR 

117.35. 

Dated: September 23, 2005. 

Kevin J. Eldridge, 

Rear Admiral, U. S. Coast Guard, 

Commander, Eleventh Coast Guard District. 

[FR Doc. 05–19953 Filed 10–4–05; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[CGD01–05–020] 

RIN 1625–AA09 

Drawbridge Operation Regulations: 

Dorchester Bay, MA 

AGENCY: Coast Guard, DHS. 

58060 Federal Register / Vol. 70, No. 192 / Wednesday, October 5, 2005 / Rules and Regulations 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

temporarily changing the drawbridge 

operating regulations governing the 

operation of the William T. Morrisey 

Boulevard Bridge, at mile 0.0, across 

Dorchester Bay at Boston, 

Massachusetts. This change to the 

drawbridge operation regulations allows 

the bridge to remain in the closed 

position from November 1, 2005 

through May 10, 2006. This action is 

necessary to facilitate scheduled bridge 

maintenance. 

DATES: This rule is effective from 

November 1, 2005 through May 10, 

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 

docket (CGD01–05–020) 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. 

John W. McDonald, Project Officer, First 

Coast Guard District, (617) 223–8364. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

On April 20, 2005, we published a 

notice of proposed rulemaking (NPRM) 

entitled Drawbridge Operation 

Regulations, Dorchester Bay, 

Massachusetts, in the Federal Register 

(70 FR 20489). We received no 

comments in response to the notice of 

proposed rulemaking. No public hearing 

was requested and none was held. 

Background and Purpose 

The William T. Morrisey Boulevard 

Bridge, at mile 0.0 across Dorchester 

Bay, has a vertical clearance of 12 feet 

at mean high water and 22 feet at mean 

low water. The existing regulations at 33 

CFR 117.597 require the draw to open 

on signal from April 16 through October 

14, except that the draw need not open 

for vessel traffic from 7:30 a.m. to 9 a.m. 

and from 4:30 p.m. to 6 p.m. except on 

Saturdays, Sundays, or holidays 

observed in the locality. From October 

15 through April 15, the draw shall 

open on signal if at least twenty-four 

hours notice is given. 

The bridge owner, the Department of 

Conservation and Recreation (DCR), 

asked the Coast Guard to temporarily 

change the drawbridge operation 

regulations to allow the bridge to remain 

in the closed position from November 1, 

2005 through May 10, 2006, to facilitate 

electrical rehabilitation construction at 

the bridge. 

Discussion of Comments and Changes 

The Coast Guard received no 

comments in response to the notice of 

proposed rulemaking. As a result of the 

above, no changes were 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. It is not ‘‘significant’’ under 

the regulatory policies and procedures 

of the Department of Homeland Security 

(DHS). 

This conclusion is based on the fact 

that the only known users of the 

waterway, the Dorchester Yacht Club, 

will not be affected by this rule while 

it is in effect. 

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 only known user of the 

waterway, the Dorchester Yacht Club, 

will not be affected by this rule while 

it is in effect. 

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). 

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 

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 effect 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 rule does not have tribal 

implications under Executive Order 

Federal Register / Vol. 70, No. 192 / Wednesday, October 5, 2005 / Rules and Regulations 58061 

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, 

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. It has been determined 

that this final rule does not significantly 

impact 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; 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. 

§ 117.597 [Suspended] 

■ 2. From November 1, 2005 through 

May 10,2006, § 117.597 is suspended. 

■ 3. From November 1, 2005 through 

May 10, 2006, § 117.T602 is temporarily 

added to read as follows: 

§ 117.T602 Dorchester Bay. 

The draw of the William T. Morrisey 

Boulevard Bridge, mile 0.0, at Boston, 

need not open for the passage of vessel 

traffic from November 1, 2005 through 

May 10,2006. 

Dated: September 25, 2005. 

David P. Pekoske, 

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

First Coast Guard District. 

[FR Doc. 05–19949 Filed 10–4–05; 8:45 am] 

BILLING CODE 4910–15–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 27 

[WT Docket No. 02–353; FCC 05–149] 

Service Rules for Advanced Wireless 

Services in the 1.7 GHz and 2.1 GHz 

Bands 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this document, the 

Commission resolves five petitions for 

reconsideration of the Report and Order 

adopting service rules for Advanced 

Wireless Services (AWS) in the 1710–

1755 and 2110–2155 MHz bands. In this 

Order, the Commission modifies the 

band plan and makes minor revisions to 

the service rules to provide additional 

opportunities for smaller and rural 

wireless carriers and to enhance 

flexibility for potential licensees. In all 

other respects, the Commission denies 

the petitions for reconsideration. The 

Commission takes this action to 

facilitate the provision of new services 

to the public, and to encourage the 

optimum use of these frequencies. 

DATES: Effective November 4, 2005. 

ADDRESSES: Federal Communications 

Commission, 445 12th Street, SW., 

Washington, DC 20554. 

FOR FURTHER INFORMATION CONTACT: 

Peter Corea of the Broadband Division, 

Wireless Telecommunications Bureau, 

at 202–418–BITS (2487) (voice) or 202–

418–1169 (TTY). 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Order on 

Reconsideration in WT Docket No. 02–

353, FCC 05–149, adopted on August 5, 

2005, and released on August 15, 2005. 

The full text of this document is 

available for inspection and copying 

during normal business hours in the 

FCC Reference Information Center, 445 

12th Street, SW., Washington, DC 

20554. The complete text may be 

purchased from the Commission’s copy 

contractor, Best Copy and Printing, Inc., 

445 12th Street, SW., Room CY–B402, 

Washington, DC 20554. To request 

materials in accessible formats for 

people with disabilities (Braille, large 

print, electronic files, audio format), 

send an e-mail to fcc504@fcc.gov or call 

the Consumer and Governmental Affairs 

Bureau at 202–418–0530 (voice) or 202–

418–0432 (tty). 

Overview 

1. On November 25, 2003, the 

Commission adopted licensing, 

technical, and competitive bidding rules 

to govern the use of the Advanced 

Wireless Services spectrum in the 1710–

1755 and 2110–2155 MHz bands. This 

Order on Reconsideration resolves 

petitions for reconsideration of the 

service rules Report and Order. (Service 

Rules for Advanced Wireless Services in 

the 1.7 GHz and 2.1 GHz Bands, Report 

and Order, WT Docket No. 02–353, 69 

FR 5711–01 (Feb. 6, 2004)). Specifically, 

this Order decides the following issues. 

2. The AWS band plan for the 1710–

1755 and 2110–2155 MHz bands is 

modified as follows. Twenty megahertz 

of spectrum at 1710–1720, paired with 

2110–2120 will be licensed on a Rural 

Service Area/Metropolitan Statistical 

Area (RSA/MSA) basis. Thirty 

megahertz of spectrum in this band will 

be licensed on an Economic Area (EA) 

basis: 20 megahertz at 1720–1730 paired 

with 2120–2130, and 10 megahertz at 

1730–1735 paired with 2130–2135. 

Forty megahertz of spectrum will be 

licensed on a Regional Economic Area 

Grouping (REAG) basis and these blocks