62254 Federal Register / Vol. 70, No. 209 / Monday, October 31, 2005 / Rules and Regulations 

shall be made during the suspension 

period described in § 31.21(b))’’; and 

■ e. In paragraph (c), by adding after the 

words ‘‘pay special tax’’ the words ‘‘(or 

to register during the suspension period 

described in § 31.21(b))’’. 

§ 31.183a [Amended] 

■ 112. Section 31.183a is amended: 

■ a. In the first sentence of paragraph 

(a), by adding after the words 

‘‘(including such tax under the 

transition rule of § 31.103(b))’’ the 

words ‘‘, and no such proprietor shall be 

required to register during the 

suspension period described in 

§ 31.21(b),’’; 

■ b. In the last sentence of paragraph (a), 

by adding after the words ‘‘exempt from 

special tax’’ the words ‘‘or registration’’; 

■ c. In the second sentence of paragraph 

(b), by adding after the words ‘‘exempt 

from special tax’’ the words ‘‘(or from 

registration during the suspension 

period described in § 31.21(b))’’; 

■ d. In the last sentence of paragraph 

(b), by adding after the words ‘‘tax shall 

be paid’’ the words ‘‘(or registration 

shall be completed during the 

suspension period described in 

§ 31.21(b))’’; and 

■ e. In paragraph (c), by adding after the 

words ‘‘pay special tax’’ the words ‘‘(or 

to register during the suspension period 

described in § 31.21(b))’’. 

§ 31.184 [Amended] 

■ 113. Section 31.184 is amended: 

■ a. In the first sentence of paragraph 

(a), by adding after the words ‘‘pay 

special tax’’ the words ‘‘(or to register 

during the suspension period described 

in § 31.21(b))’’; 

■ b. In the last sentence of paragraph (a), 

by adding after the words ‘‘exempt from 

special tax’’ the words ‘‘or registration’’; 

■ c. In the second sentence of paragraph 

(b), by adding after the words ‘‘exempt 

from special tax’’ the words ‘‘(or from 

registration during the suspension 

period described in § 31.21(b))’’; 

■ d. In the last sentence of paragraph 

(b), by adding after the words ‘‘tax shall 

be paid’’ the words ‘‘(or registration 

shall be completed during the 

suspension period described in 

§ 31.21(b))’’; and 

■ e. In paragraph (c), by adding after the 

words ‘‘pay special tax’’ the words ‘‘(or 

to register during the suspension period 

described in § 31.21(b))’’. 

§ 31.185 [Amended] 

■ 114. Section 31.185 is amended: 

■ a. In paragraph (a), by adding after the 

words ‘‘paid special tax’’ the words ‘‘(or 

who has registered during the 

suspension period described in 

§ 31.21(b))’’; 

■ b. Also in paragraph (a), by adding 

after the words ‘‘additional special tax’’

the words ‘‘or register’’; 

■ c. In paragraph (b), by adding after the 

words ‘‘paid the tax’’ the words ‘‘(or 

who has registered during the 

suspension period described in 

§ 31.21(b))’’; and 

■ d. Also in paragraph (b), by adding 

after the words ‘‘additional special tax’’

the words ‘‘or register’’. 

§ 31.186 [Amended] 

■ 115. Section 31.186 is amended by 

adding after the words ‘‘paid special 

tax’’ the words ‘‘(or who has registered 

during the suspension period described 

in § 31.21(b))’’, and adding after the 

words ‘‘additional special tax’’ the 

words ‘‘or register’’. 

§ 31.187 [Amended] 

■ 116. Section 31.187 is amended by 

adding after the words ‘‘pay special 

tax,’’ the words ‘‘or to register during 

the suspension period described in 

§ 31.21(b),’’. 

§ 31.187a [Amended] 

■ 117. Section 31.187a is amended by 

adding at the end before the period the 

words ‘‘, or to register during the 

suspension period described in 

§ 31.21(b)’’. 

§ 31.188 [Amended] 

■ 118. In § 31.188, the concluding text is 

amended by removing the comma after 

the words ‘‘pay special tax’’ and adding, 

in its place, the words ‘‘(or to register 

during the suspension period described 

in § 31.21(b))’’. 

§ 31.189 [Amended] 

■ 119. Section 31.189 is amended: 

■ a. In the first sentence of the 

concluding text, by adding at the end 

before the period the words ‘‘or to 

register during the suspension period 

described in § 31.21(b)’’; and 

■ b. In the second sentence of the 

concluding text, by adding after the 

words ‘‘pay special tax’’ the words ‘‘(or 

to register during the suspension period 

described in § 31.21(b))’’. 

§ 31.190 [Amended] 

■ 120. Section 31.190 is amended by 

adding after the words ‘‘pay special tax’’

the words ‘‘(or to register during the 

suspension period described in 

§ 31.21(b))’’. 

§ 31.191 [Amended] 

■ 121. In § 31.191, paragraph (b) is 

amended by adding after the words 

‘‘pay special tax’’ the words ‘‘(or shall 

register during the suspension period 

described in § 31.21(b))’’. 

■ 122. In § 31.211: 

■ a. The introductory text of paragraph 

(a) is amended at the beginning by 

removing the word ‘‘It’’ and adding, in 

its place, the words ‘‘Except as 

otherwise provided in paragraphs (b) 

and (c) of this section, it’’; 

■ b. Paragraph (b) is redesignated as 

paragraph (c); and 

■ c. A new paragraph (b) is added to 

read as follows: 

§ 31.211 Unlawful purchases of distilled 

spirits. 

* * * * * 

(b) Suspension of tax. During the 

period of suspension of special 

(occupational) tax described in 

§ 31.21(b), it is unlawful for any dealer 

to purchase distilled spirits for resale 

from any person other than: 

(1) A wholesale dealer (including a 

State, a political subdivision thereof, the 

District of Columbia, and a distilled 

spirits plant) who is required to keep 

records under §§ 31.221 through 31.233 

at the place where the distilled spirits 

are purchased; 

(2) A retail liquor store operated by a 

State, a political subdivision thereof, or 

the District of Columbia; or 

(3) A person not required to register 

as a wholesale liquor dealer, as 

provided in §§ 31.188 through 31.190, 

§ 31.192, and § 31.193. 

* * * * * 

Dated: July 6, 2005. 

John J. Manfreda, 

Administrator. 

Approved: September 14, 2005. 

Timothy E. Skud, 

Deputy Assistant Secretary (Tax, Trade, and 

Tariff Policy). 

[FR Doc. 05–21563 Filed 10–28–05; 8:45 am] 

BILLING CODE 4810–31–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[CGD01–05–074] 

RIN 1625–AA09 

Drawbridge Operation Regulations: 

Saugus River, MA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard has 

temporarily changed the drawbridge 

operation regulations that govern the 

operation of the General Edwards SR1A 

Bridge, at mile 1.7, across the Saugus 

Federal Register / Vol. 70, No. 209 / Monday, October 31, 2005 / Rules and Regulations 62255 

River between Lynn and Revere, 

Massachusetts. This temporary change 

to the drawbridge operation regulations 

allows the bridge to remain in the 

closed position from November 1, 2005 

through April 30, 2006. This action is 

necessary to facilitate structural 

maintenance at the bridge. 

DATES: This rule is effective from 

November 1, 2005, through April 30, 

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 (CGD01–05–074) 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 McDonald, Project Officer, First 

Coast Guard District, (617) 223–8364. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

On September 29, 2005, we published 

a notice of proposed rulemaking 

(NPRM) entitled Drawbridge Operation 

Regulations; Saugus River, 

Massachusetts, in the Federal Register 

(70 FR 56878). 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 good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. 

The rehabilitation repairs to the 

General Edwards Bridge are vital, 

necessary repairs that must be 

performed as soon as possible to assure 

the continued safe reliable operation of 

the bridge. 

The time period selected for these 

repairs, November through April, is the 

best time to perform the repairs because 

the bridge seldom opens for vessel 

traffic during that time period. There 

were 7 bridge openings in November 

2004, and no openings December 

through March. The few bridge 

openings that were requested in 

November were for recreational vessels 

that may have passed under the draw at 

low tide without requiring a bridge 

opening. 

The impacts to the marine 

transportation system are therefore 

minimized by scheduling the bridge 

closure November through April; 

therefore, any delay in implementing 

these repairs would not be in the best 

interest of the public and contrary to 

public safety. Delaying the effective date 

of this rulemaking would also require 

the rehabilitation construction work to 

continue beyond the proposed April 30, 

2005, end date, which would result in 

the bridge closure continuing into May 

when recreational vessel traffic 

increases. 

As a result of the above information 

the Coast Guard believes the best time 

period to perform this vital work and 

minimize the impacts on the marine 

users is November through April. 

Background and Purpose 

The General Edwards SR1A Bridge at 

mile 1.7, across the Saugus River, has a 

vertical clearance of 27 feet at mean 

high water and 36 feet at mean low 

water. The existing regulations at 33 

CFR 117.618 require the draw to open 

on signal, except that, from April 1 

through November 30, midnight to 8 

a.m. an eight-hour notice is required. 

From December 1 through March 31, an 

eight-hour notice is required at all times 

for bridge openings. 

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 April 30, 2006, to 

facilitate structural rehabilitation 

construction at the bridge. 

This temporary rule suspends the 

existing drawbridge operation 

regulations, listed at 33 CFR 117.618(b), 

and adds a new temporary paragraph (d) 

to allow the bridge to remain in the 

closed position from November 1, 2005 

through April 30, 2006. 

The Coast Guard believes this 

temporary rule is reasonable because 

bridge openings are rarely requested 

during the time period the SR1A Bridge 

will be closed for these repairs and the 

fact that this work is vital, necessary, 

and must be performed in order to 

assure the continued safe and 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 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 bridge rarely opens during the 

November through April time period. 

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 bridge rarely opens during the 

November through April time period. 

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 

62256 Federal Register / Vol. 70, No. 209 / Monday, October 31, 2005 / Rules and Regulations 

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 

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 Public Law 102–587, 106 

Stat. 5039. 

■ 2. From November 1, 2005 through 

April 30, 2006, § 117.618(b) is 

suspended and a new paragraph (d) is 

added to read as follows: 

§ 117.618 Saugus River. 

* * * * * 

(d) The draw of the General Edwards 

SR1A Bridge at mile 1.7, need not open 

for the passage of vessel traffic from 

November 1, 2005 through April 30, 

2006. 

Dated: October 21, 2005. 

David P. Pekoske, 

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

First Coast Guard District. 

[FR Doc. 05–21574 Filed 10–28–05; 8:45 am] 

BILLING CODE 4910–15–P