Federal Register / Vol. 70, No. 232 / Monday, December 5, 2005 / Proposed Rules 72419 

in accordance with § 404.1596(b)(2)(i). 

We will count the 12-month suspension 

period from the start of the first month 

that you stopped receiving benefits (see 

paragraph (b) of this section). This 

termination is effective with the start of 

the 13th month after the suspension 

began because you failed to cooperate. 

3. Section 404.1596 is amended by 

revising the section heading, removing 

paragraphs (c)(1) and (c)(2), 

redesignating paragraphs (c)(3) and 

(c)(4) as paragraphs (c)(1) and (c)(2), and 

adding new paragraphs (d) and (e) to 

read as follows: 

§ 404.1596 Circumstances under which we 

may suspend and terminate your benefits 

before we make a determination. 

* * * * * 

(d) When the suspension is effective. 

We will suspend your benefits effective 

with the month in which it is 

determined in accordance with 

§ 404.1596(b)(2)(i) that your disability 

benefits should stop due to your failure, 

without good cause, to comply with our 

request for necessary information for 

your continuing disability review. This 

review is to determine whether or not 

you continue to meet the disability 

requirements of the law. When we have 

received the information, we will 

continue with the CDR process and 

reinstate your benefits for any previous 

month for which they are otherwise 

payable. 

(e) When we will terminate your 

benefits. We will terminate your 

benefits following 12 consecutive 

months of benefit suspension because 

you did not comply with our request for 

information in accordance with 

§ 404.1596(b)(2)(i). We will count the 

12-month suspension period from the 

start of the first month that you stopped 

receiving benefits (see paragraph (d) of 

this section). This termination is 

effective with the start of the 13th 

month after the suspension began 

because you failed to cooperate. 

PART 416—SUPPLEMENTAL 

SECURITY INCOME FOR THE AGED, 

BLIND, AND DISABLED 

Subpart I—[Amended] 

4. The authority citation for subpart I 

of part 416 continues to read as follows: 

Authority: Sections 702(a)(5), 1611, 1614, 

1619, 1631(a), (c), and (d)(1), and 1633 of the 

Social Security Act (42 U.S.C. 902(a)(5), 

1382, 1382c, 1382h, 1383(a), (c), and (d)(1), 

and 1383(b); secs. 4(c) and (5), 6(c)-(e), 14(a), 

and 15, Pub. L. 98–460, 98 Stat. 1794, 1801, 

1802, and 1808 (42 U.S.C. 421 note, 1382h 

note). 

5. Section 416.992 is added to read as 

follows: 

§ 416.992 What happens if you fail to 

comply with our request for information. 

We will suspend your payments 

before we make a determination 

regarding your continued eligibility for 

disability payments if you fail to comply 

with our request for information for 

your continuing disability review or 

age-18 redetermination. The suspension 

is effective with the month in which it 

is determined in accordance with 

§ 416.1322 that your eligibility for 

disability payments has ended due to 

your failure to comply with our request 

for necessary information. When we 

have received the information, we will 

continue with the CDR or age-18 

redetermination process, and reinstate 

your payments for any previous month 

for which they are otherwise payable. 

We will terminate your eligibility for 

payments following 12 consecutive 

months of payment suspension as 

discussed in § 416.1335. 

[FR Doc. 05–23615 Filed 12–2–05; 8:45 am] 

BILLING CODE 4191–02–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[CGD13–05–040] 

RIN 1625–AA09 

Drawbridge Operation Regulations; 

Wishkah River, WA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

temporarily modify the drawbridge 

operation regulations for the Heron 

Street Bridge across the Wishkah River, 

mile 0.2, at Aberdeen, Washington. The 

proposed temporary change will enable 

the bridge owner to delay and plan for 

openings of the bridge from February 

2006 through March 2007. This will 

facilitate major structural and 

mechanical rehabilitation of the bridge. 

DATES: Comments and related material 

must reach the Coast Guard on or before 

February 3, 2006. 

ADDRESSES: You may mail comments 

and related material to Commander 

(dpw), 13th Coast Guard District, 915 

Second Avenue, Seattle, WA 98174–

1067 where the public docket for this 

rulemaking is maintained. Comments 

and material received from the public, 

as well as documents indicated in this 

preamble as being available in the 

docket, will become part of this docket 

and will be available for inspection or 

copying at the Waterways Management 

Branch between 7:30 a.m. and 4 p.m., 

Monday through Friday, except Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: 

Austin Pratt, Chief, Bridge Section, 

(206) 220–7282. 

SUPPLEMENTARY INFORMATION: 

Request for Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related material. If you 

do so, please include your name and 

address, identify the docket number for 

this rulemaking [CGD13–05–040], 

indicate the specific section of this 

document to which each comment 

applies, and give the reason for each 

comment. Please submit all comments 

and related material in an unbound 

format, no larger than 81⁄2 by 11 inches, 

suitable for copying. If you would like 

to know they reached us, please enclose 

a stamped, self-addressed postcard or 

envelope. We will consider all 

comments and material received during 

the comment period. We may change 

this proposed rule in view of them. 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for a meeting by writing to the Aids to 

Navigation and Waterways Management 

Branch at the address under ADDRESSES

explaining why one would be 

beneficial. If we determine that one 

would aid this rulemaking, we will hold 

one at a time and place announced by 

a later notice in the Federal Register. 

Background and Purpose 

The proposed temporary rule would 

enable the Washington State 

Department of Transportation (WSDOT), 

the owner of the bridge, to rehabilitate 

the structure and manage interruptions 

to this refurbishment caused by draw 

openings. The 48-hour notice 

requirement proposed as a temporary 

requirement would enable the work to 

proceed while still providing 

operational capability. The work 

includes mechanical and electrical 

improvements, seismic retrofit, debris 

containment, replacement of all 

navigation lights and hydraulic locks for 

the swing span. This work will be done 

between February, 2006 and April, 

2007. The replacement of the center 

bearing will require the bridge to be 

closed for 14 calendar days and will be 

authorized via a separate rulemaking. 

This portion of the project will require 

jacking the span in place to replace the 

pivot bearing, thereby immobilizing the 

draw. 

72420 Federal Register / Vol. 70, No. 232 / Monday, December 5, 2005 / Proposed Rules 

The Heron Street Bridge in the closed 

position provides 13 feet of vertical 

clearance above high water and 23 feet 

above the lowest tide level. Drawbridge 

openings are not frequent at this 

location, mostly for recreational and 

commercial fishing vessels, rarely for 

sailboats. 

From March 7, 2004, to August 10, 

2005, the draw opened for vessels 41 

times with most of these openings for 

single vessels. For the 12 months from 

March 2004 to March 2005 the draw 

opened 28 times for an average of little 

better than twice a month. 

Discussion of Proposed Rule 

The operating regulations currently in 

effect for the Heron Street Drawbridge 

are found at 33 CFR 117.1065. The 

regulations require at least one hour 

notice at all times for draw openings. 

One-hour notice is insufficient time 

for WSDOT and its contractors to restore 

the bridge to operational condition and 

to clear equipment from moving parts as 

needed to swing the span open. WSDOT 

would be able to restore the bridge to 

fully operational status within 48 hours. 

As most of the few vessels requiring 

openings appear to be commercial 

fishing boats that operate seasonally, the 

increased notice proposed would not 

seem an unreasonable burden to vessel 

operators. 

Regulatory Evaluation 

This proposed 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. 

We expect the economic impact of 

this proposed rule to be so minimal that 

a full Regulatory Evaluation under the 

regulatory policies and procedures of 

DHS is unnecessary. 

With regards to the proposed 

temporary changes, we reached this 

conclusion based on the fact that most 

vessels will be able to plan transits at 

least 48 hours in advance. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this proposed 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 proposed rule 

would not have a significant economic 

impact on a substantial number of small 

entities. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this rule would have a 

significant economic impact on it, 

please submit a comment (see 

ADDRESSES) explaining why you think it 

qualifies and how and to what degree 

this rule would economically affect it. 

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 proposed rule so that 

they can better evaluate its effects on 

them and participate in the rulemaking. 

If the rule would affect your small 

business, organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact Austin Pratt, 

Chief, Bridge Section, at (206) 220–

7282. The Coast Guard will not retaliate 

against small entities that question or 

complain about this rule or any policy 

or action of the Coast Guard. 

Collection of Information 

This proposed rule would call 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 proposed 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 proposed 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 proposed rule would 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 proposed 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 proposed 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 proposed rule does not have 

tribal implications under Executive 

Order 13175, Consultation and 

Coordination with Indian Tribal 

Governments, because it would 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 proposed 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 

Information and Regulatory Affairs has 

not designated this 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 

Federal Register / Vol. 70, No. 232 / Monday, December 5, 2005 / Proposed Rules 72421 

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 proposed 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 

proposed rule is categorically excluded, 

under figure 2–1, paragraph (32)(e) of 

the Instruction, from further 

environmental documentation. There 

are no expected environmental 

consequences of the proposed action 

that would require further analysis and 

documentation. 

List of Subjects in 33 CFR Part 117 

Bridges. 

Regulations 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

temporarily amend 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. 

2. From February 1, 2006 to April 1, 

2007, amend § 117.1065 by revising 

paragraph (c) to read as follows: 

§ 117.1065 Wishkah River. 

* * * * * 

(c) The draws of the Heron Street 

Bridge, mile 0.2, shall open on signal if 

at least 48 hours notice is provided. The 

draw of the Wishkah Street Bridge, mile 

0.4, shall open on signal if at least one 

hour notice is provided. The opening 

signal for both bridges is one prolonged 

blast followed by two short blasts. 

Dated: November 23, 2005. 

R.R. Houck, 

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

Thirteenth Coast Guard District. 

[FR Doc. 05–23637 Filed 12–2–05; 8:45 am] 

BILLING CODE 4910–15–P