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4016 Federal Register / Vol. 70, No.

18 / Friday, January 28, 2005 / Rules and Regulations

Indian Tribal Governments Instruction, from further environmental (5) Before closing the draw, the
This rule does not have tribal documentation because it has been channel traffic lights would change from
implications under Executive Order determined that the promulgation of flashing green to flashing red, the horn
13175, Consultation and Coordination operating regulations for drawbridges will sound five short blasts, and an
with Indian Tribal Governments, are categorically excluded. audio voice warning stating, ‘‘Attention,
because it would not have a substantial Attention. Norfolk Southern Railroad
List of Subjects in 33 CFR Part 117
direct effect on one or more Indian Bridge over Christina River at milepost
tribes, on the relationship between the Bridges. 1.4 will be closing to river traffic.’’ Five
Federal Government and Indian tribes, Regulations short blasts of the horn will continue
or on the distribution of power and until the bridge is seated and locked
■ For the reasons discussed in the down to vessels. The channel traffic
responsibilities between the Federal
Government and Indian tribes. preamble, the Coast Guard amends 33 lights will continue to flash red.
CFR part 117 as follows: (6) When the rail traffic has cleared,
Energy Effects the horn will sound one prolonged blast
We have analyzed this rule under PART 117—DRAWBRIDGE followed by one short blast to indicate
Executive Order 13211, Actions OPERATION REGULATIONS the draw is opening to vessel traffic.
Concerning Regulations That ■ 1. The authority citation for part 117 During the opening swing movement,
Significantly Affect Energy Supply, continues to read as follows: the channel traffic lights would flash
Distribution, or Use. We have red until the bridge returns to the fully
Authority: 33 U.S.C. 499; Department of open position. In the full open position
determined that it is not a ‘‘significant Homeland Security Delegation No. 0170.1; 33
energy action’’ under that order because CFR 1.05–1(g); section 117.255 also issued
to vessels, the bridge channel lights will
it is not a ‘‘significant regulatory action’’ under the authority of Pub. L. 102–587, 106 flash green followed by an
under Executive Order 12866 and is not Stat. 5039. announcement stating, ‘‘Security,
likely to have a significant adverse effect security, security. Norfolk Southern
on the supply, distribution, or use of ■ 2. In § 117.237 redesignate paragraphs Railroad Bridge over Christina River at
energy. The Administrator of the Office (b) through (d) as paragraphs (c) through mile 1.4 is open for river traffic.’’
of Information and Regulatory Affairs (e), add a new paragraph (b), and revise Vessels shall stay clear of both channels
has not designated it as a significant newly redesignated paragraph (d) to read as to not interfere with infrared
energy action. Therefore, it does not as follows: detectors, until green lights are
require a Statement of Energy Effects § 117.237 Christina River. displayed on the swing span.
under Executive Order 13211. (c) * * *
* * * * * (d) The draws of the Norfolk Southern
Technical Standards (b) The draw of the Norfolk Southern Railroad bridges, at miles 4.1 and 4.2,
The National Technology Transfer Railroad Bridge, mile 1.4 at Wilmington, both at Wilmington, shall open on
and Advancement Act (NTTAA) (15 shall operate as follows: signal from 6 a.m. to 8 p.m. if at least
U.S.C. 272 note) directs agencies to use (1) The draw shall remain in the open 24 hours notice is given. From 8 p.m. to
voluntary consensus standards in their position for navigation. The draw shall 6 a.m., the draws need not be opened for
regulatory activities unless the agency only be closed for train crossings or the passage of vessels.
provides Congress, through the Office of periodic maintenance authorized in
accordance with subpart A of this part. * * * * *
Management and Budget, with an
explanation of why using these (2) The bridge shall be operated by the Dated: January 20, 2005.
standards would be inconsistent with controller at the Harrisburg, PA Sally Brice-O’Hara,
applicable law or otherwise impractical. Dispatcher’s Office. The controller shall Rear Admiral, U.S. Coast Guard, Commander,
Voluntary consensus standards are monitor vessel traffic with closed circuit Fifth Coast Guard District.
technical standards (e.g., specifications cameras and infrared sensors covering [FR Doc. 05–1660 Filed 1–27–05; 8:45 am]
of materials, performance, design, or the swing radius. Operational BILLING CODE 4910–15–P
operation; test methods; sampling information will be provided 24 hours
procedures; and related management a day on marine channel 13 and via
systems practices) that are developed or telephone (717) 541–2140. DEPARTMENT OF HOMELAND
adopted by voluntary consensus (3) The bridge shall not be operated SECURITY
standards bodies. from the remote location in the
This rule does not use technical following events: Failure or obstruction Coast Guard
standards. Therefore, we did not of the infrared sensors, closed-circuit
consider the use of voluntary consensus cameras or marine-radio 33 CFR Part 117
standards. communications, or anytime controller’s [CGD07–04–108]
visibility is inhibited. In these
Environment situations, a bridge tender with Norfolk RIN 1625–AA09
We have analyzed this rule under Southern must be called and on-site
Commandant Instruction M16475.lD, within 30 minutes. Drawbridge Operation Regulations;
which guides the Coast Guard in (4) Before the bridge closes for any Biscayne Bay, Atlantic Intracoastal
complying with the National reason, the remote operator will monitor Waterway, Miami River, and Miami
Environmental Policy Act of 1969 waterway traffic in the area. The bridge Beach Channel, Miami-Dade County,
(NEPA) (42 U.S.C. 4321–4370f), and shall only be closed if the off-site remote FL
have concluded that there are no factors operator’s visual inspection shows that AGENCY: Coast Guard, DHS.
in this case that would limit the use of the channel is clear and there are no ACTION: Temporary final rule.
a categorical exclusion under section vessels transiting in the area. While the
2.B.2 of the Instruction. Therefore, this bridge is moving, the operator shall SUMMARY: The Coast Guard is
rule is categorically excluded, under maintain constant surveillance of the temporarily changing the regulations
figure 2–1, paragraph (32)(e) of the navigation channel. governing the operation of the east and

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Federal Register / Vol. 70, No. 18 / Friday, January 28, 2005 / Rules and Regulations 4017

west spans of the Venetian Causeway January 30, 2005. The closure times Discussion of Comments and Changes
bridges across the Miami Beach Channel range from 6:05 a.m. through 12:05 p.m.
on the Atlantic Intracoastal Waterway, The marathon route will pass over these No comments were received in
the Miami Avenue bridge and the four bridges and any bridge opening response to the notice of proposed
Brickell Avenue bridge across the would disrupt the race. Based on the rulemaking and there were no changes
Miami River, Miami-Dade County. This limited amount of time the bridges will made to the proposed regulatory text.
temporary rule allows these bridges to be closed, the proposed rule will still Regulatory Evaluation
remain in the closed position during the provide for the reasonable needs of
running of the Miami Tropical navigation on the day of the event. This rule is not a ‘‘significant
Marathon on January 30, 2005. regulatory action’’ under section 3(f) of
The east and west spans of the
DATES: This temporary rule is effective
Executive Order 12866, Regulatory
Venetian Causeway bridges are located
from 6:05 a.m. until 12:05 p.m. on Planning and Review, and does not
between Miami and Miami Beach. The
January 30, 2005. require an assesssment of potential costs
current regulation governing the
and benefits under section 6(a)(3) of that
ADDRESSES: Comments and material operation of the east span of the
Order. The Office of Management and
received from the public, as well as Venetian Causeway bridge is published
Budget has not reviewed it under that
documents indicated in this preamble as in 33 CFR 117.269 and requires the
Order. It is not ‘‘significant’’ under the
being available in the docket, are part of bridge to open on signal; except that,
regulatory policies and procedures of
docket [CGD07–04–108] and are from November 1 through April 30 from
the Department of Homeland Security
available for inspection or copying at 7:15 a.m. to 8:45 a.m. and from 4:45
(DHS).
Commander (obr), Seventh Coast Guard p.m. to 6:15 p.m. Monday through
District, 909 SE 1st Avenue, Miami, Friday, the draw need not open. We expect the economic impact of
Florida 33131–3050, between 7:30 a.m. However, the draw opens at 7:45 a.m., this temporary rule to be so minimal
and 4 p.m., Monday through Friday, 8:15 a.m., 5:15 p.m., and 5:45 p.m., if that a full Regulatory Evaluation is
except Federal holidays. Bridge Branch any vessels are waiting to pass. The unnecessary. The short duration of time
(obr), Seventh Coast Guard District, draw opens on signal on Thanksgiving during the morning of January 30, 2005,
maintains the public docket for this Day, Charistmas Day, New Year’s Day that the bridges will remain in the
rulemaking. and Washington’s Birthday. The draw closed position to facilitate the running
opens at anytime for public vessels of of the marathon will have little, if any,
FOR FURTHER INFORMATION CONTACT: Mr. economic impact. This rule was
Gwin Tate, Project Manager, Seventh the United States, tugs with tows,
regularly scheduled cruise vessels, and preceded by a notice of proposed
Coast Guard District, Bridge Branch, rulemaking and no comments were
(305) 415–6747. vessels in distress.
received.
SUPPLEMENTARY INFORMATION: The regulation governing the west
span of the Venetian Causeway bridge is Small Entities
Regulatory Information published in 33 CFR 117.261(j)(4)(nn)
Under the Regulatory Flexibility Act
On November 30, 2004, we published and requires the bridge to open on
(5 U.S.C. 601–612), we have considered
a notice of proposed rulemaking signal; except that, from November 1
whether this rule would have a
(NPRM) entitled Drawbridge Operation through April 30, Monday through
significant economic impact on a
Regulations; Biscayne Bay, Atlantic Friday except Federal holidays, from 7
substantial number of small entities.
Intracoastal Waterway, Miami River, a.m. to 9 a.m. and 4:30 p.m. to 6:30
The term ‘‘small entities’’ comprises
and Miami Beach Channel, Miami-Dade p.m., that the draw need open only on
small businesses, not-for-profit
County, FL in the Federal Register (69 the hour and the half-hour.
organizations that are independently
FR 69561). We received no comments The regulation governing the Miami owned and operated and are not
on this proposed rule. No public hearing Avenue bridge, mile 0.3, at Miami, is dominant in their fields, and
was requested, and none was held. published at 33 CFR 117.305(c) and
Under 5 U.S.C. 553(d)(3), the Coast governmental jurisdictions with
requires that the bridge open on signal; populations of less than 50,000.
Guard finds that good cause exists for except that, from 7:35 a.m. to 8:59 a.m.,
making this rule effective less than 30 The Coast Guard certifies under 5
12:05 p.m. to 12:59 p.m. and 4:35 p.m.
days after publication in the Federal U.S.C. 605(b) that this rule will not have
to 5:59 p.m., Monday through Friday,
Register. No changes were made to the a significant economic impact on a
except Federal holidays, the draw need
proposed regulatory text. The event for substantial number of small entities.
not open for the passage of vessels.
which the rule is necessary is scheduled This rule will affect the owners or
to occur less than 30 days from the date The regulation governing the draw of operators of vessels that will require
of publication. Therefore, waiting an the Brickell Avenue bridge, mile 0.1. at passage through these bridges during
addtional 30 days from the date of Miami, is published in 33 CFR the morning hours of January 30, 2005.
publication to make this rule effective is 117.305(d) and requires that the bridge These vessels will not be able to pass
both unnecessary and impracticable. open on signal; except that, from 7 a.m. through these bridges during the
to 7 p.m., Monday through Friday, effective times of this rule. A notice of
Background and Purpose except Federal holidays, the draw need proposed rulemaking was published for
The Miami Marathon Director open only on the hour and half-hour. this rule. No comments were received
requested that the Coast Guard From 7:35 a.m. to 8:59 a.m., 12:05 p.m. and no changes were made to the
temporarily change the existing to 12:59 p.m. and 4:35 p.m. to 5:59 p.m., proposed regulatory test. Due to the
regulations governing the operation of Monday through Friday except Federal limited effective times of this rule and
the east and west spans of the Venetian holidays, the draw need not open for the the nominal amount of marine traffic
Causeway bridges, the Brickell Avenue passage of vessels. expected during the early and late
bridge and the Miami Avenue bridge to This temporary rule will not advesely morning hours on a Sunday at this time
allow them to remain in the closed affect the reasonable needs of navigation of year, this rule would not have a
position during the running of the due to the short duration that the significant economic impact on a
Miami Tropical Marathon on Sunday, bridges will be in the closed position. substantial number of small entities.

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4018 Federal Register / Vol. 70, No. 18 / Friday, January 28, 2005 / Rules and Regulations

Assistance for Small Entities Civil Justice Reform consider the use of voluntary consensus
Under section 213(a) of the Small This rule meets applicable standards standards.
Business Regulatory Enforcement in sections 3(a) and 3(b)(2) of Executive Environment
Fairness Act of 1996 (Pub. L. 104–121), Order 12988, Civil Justice Reform, to We have analyzed this rule under
we offered to assist small entities in minimize litigation, eliminate Commandant Instruction M16475.1D,
understanding the rule so that they ambiguity, and reduce burden. which guides the Coast Guard in
could better evaluate its effects on them complying with the National
Protection of Children
and participate in the rulemaking. The Environmental Policy Act of 1969
Coast Guard offered small businesses, We have analyzed this proposed rule
(NEPA) (42 U.S.C. 4321–4370f), and
organizations, or governmental under Executive Order 13045,
have concluded that there are no factors
jurisdictions that believed the rule Protection of Children from
in this case that would limit the use of
would affect them, or that had questions environmental Health Risks and Safety
a categorical exclusion under section
concerning its provisions or options for Risks. This rule is not an economically
2.b.2 of the Instruction. Therefore, this
compliance, to contact the person listed significant rule and will not create an
rule is categorically excluded, under
in FOR FURTHER INFORMATION CONTACT. environmental risk to health or risk to
figure 2–1, paragraph (32)(e) of the
Small businesses may send comments safety that might disproportionately
Instruction, from further environmental
on the actions of Federal employees affect children.
documentation. This rule fits within
who enforce, or otherwise determine Indian Tribal Governments paragraph (32)(e) because it pertains to
compliance with, Federal regulations to operation regulations for drawbridges.
the Small Business and Agriculture This rule does not have tribal
Under figure 2–1, paragraph (32)(e), of
Regulatory Enforcement Ombudsman implications under Indian Tribal
the Instruction, an ‘‘Environmental
and the Regional Small Business Governments, because it does not have
Analysis Check List’’ and a ‘‘Categorical
Regulatory Fairness Boards. The a substantial direct effect on one or
Exclusion Determination’’ are not
Ombudsman evaluates these actions more Indian tribes, on the relationship
required for this rule.
annually and rates each agency’s between the Federal Government and
responsiveness to small business. If you Indian tribes, or on the distribution of List of Subjects in 33 CFR Part 117
wish to comment on actions by power and responsibilities between the Bridges.
employees of the Coast Guard, Call 1– Federal government and Indian tribes.
888–REG–FAIR (1–888–734–3247). Regulations
Energy Effects
Collection of Information ■ For the reasons discussed in the
We have analyzed this rule under
preamble, the Coast Guard amends 33
This rule calls for no new collection Executive Order 13211, Actions
CFR part 117 as follows:
of information under the Paperwork Concerning Regulations That
Reduction Act of 1995 (44 U.S.C. 3501– Significantly Affect Energy Supply, PART 117—DRAWBRIDGE
3520). Distribution, or Use. We have OPERATION REGULATIONS
determined that it is not a ‘‘significant
Federalism regulatory action’’ under Executive ■ 1. The authority citation for part 117
A rule has implications for federalism Order 12866 and is not likely to have a continues to read as follows:
under Executive Order 13132, significant adverse effect on the supply, Authority: 33 U.S.C. 499; Department of
Federalism, if it has a substantial direct distribution, or use of energy. The Homeland Security Delegation No. 0170.1;
effect on State or local governments and Administrator of the Office of section 117.255 also issued under authority
would either preempt State law or Information and Regulatory affairs has of Pub. L. 102–587, 106 Stat. 5039.
impose a substantial direct cost of not designated it as a significant energy ■ 2. From 6:15 a.m. until 9:20 a.m. on
compliance on them. We have analyzed action. Therefore, it does not require a January 30, 2005, in § 117.261, paragraph
this rule under that Order and have statement of Energy Effects under (nn) is suspended and a new paragraph
determined that it does not have Executive Order 13211. (tt) is added to read as follows:
implications for federalism. Technical Standards
§ 117.261 Atlantic Intracoastal Waterway
Unfunded Mandates Reform Act The National Technology Transfer from St. Marys River to Key Largo.
The Unfunded Mandates Reform Act and Advancement Act (NTTAA) (15 * * * * *
of 1995 (2 U.S.C. 1531–1538) requires U.S.C. 272 note) directs agencies to use (tt) West Span of the Venetian
Federal agencies to assess the effects of voluntary consensus standards in their Causeway, mile 1088.6 at Miami. The
their discretionary regulatory actions. In regulatory activities unless the agency draw need not open from 6:15 a.m. until
particular, the Act addresses actions provides Congress, through the Office of 9:20 a.m. on January 30, 2005. Public
that may result in the aggregate, or by Management and Budget, with an vessels of the United States and vessels
the private sector of $100,000,000 or explanation of why using these in distress shall be passed at any time.
more in any one year. Though this rule standards would be inconsistent with ■ 3. From 6:05 a.m. until 8:40 a.m. on
will not result in such an expenditure, applicable law or otherwise impractical. January 30, 2005, in § 117.269,
we do discuss the effects of this rule Voluntary consensus standards are temporarily designate the existing
elsewhere in the preamble. technical standards (e.g., specifications regulatory text as paragraph (a); suspend
of materials, performance, design, or paragraph (a); and add a new paragraph
Taking of Private Property operation; test methods; sampling (b) to read as follows:
This rule will not effect a taking of procedures; and related management
private property or otherwise have systems practices) that are developed or § 117.269 Biscayne Bay.
taking implications under Executive adopted by voluntary consensus * * * * *
Order 12630, Governmental Actions and standards bodies. (b) The draw of the east span of the
Interference with Constitutionally This rule does not use technical Venetian Causeway bridge across Miami
Protected Property Rights. standards. Therefore, we did not Beach Channel need not open from 6:05

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Federal Register / Vol. 70, No. 18 / Friday, January 28, 2005 / Rules and Regulations 4019

a.m. to 8:40 a.m. on January 30, 2005. DATES: This deviation is effective from 2010. The emission inventory and
Public vessesl of the United States and February 14, 2005, through March 25, MVEB updates are designed to maintain
vessels in distress shall be passed at any 2005. the National Ambient Air Quality
time. FOR FURTHER INFORMATION CONTACT: Judy Standards (NAAQS) for CO as required
■ 4. From 6:25 a.m. until 10 a.m. on Leung-Yee, Project Officer, First Coast by the Clean Air Act (CAA).
Sunday, January 30, 2005, in § 117.305, Guard District, at (212) 668–7195. DATES: This rule is effective on March
paragraphs (c) and (d) are suspended and SUPPLEMENTARY INFORMATION: The 29, 2005, unless EPA receives adverse
new paragraphs (e) and (f) are added to Metropolitan Avenue Bridge has a written comments by February 28, 2005.
read as follows: vertical clearance in the closed position If EPA receives adverse comments, EPA
of 10 feet at mean high water and 15 feet will publish a timely withdrawal of the
§ 117.305 Miami River. rule in the Federal Register and inform
at mean low water. The existing
* * * * * drawbridge operation regulations are the public that the rule will not take
(e) The draw of each bridge from the listed at 33 CFR 117.801(e). effect.
mouth of the Miami River, to and The owner of the bridge, New York ADDRESSES: Submit comments,
including the NW. 27th Avenue bridge, City Department of Transportation identified by Regional Material in
mile 3.7 at Miami, except the Miami (NYCDOT), requested a temporary EDocket (RME) ID No. R05–OAR–2004–
Avenue and Brickell Avenue bridges, deviation from the drawbridge operation MI–0003, by one of the following
shall open on signal. regulations to facilitate rehabilitation methods:
(f) The Miami Avenue bridge, across repairs at the bridge. The bridge must Federal eRulemaking Portal: http://
the Miami River, need not open from remain in the closed position to perform www.regulations.gov. Follow the on-line
6:25 a.m. to 10 a.m. on Sunday, January these repairs. instructions for submitting comments.
30, 2005, and the Brickell Avenue Under this temporary deviation the Agency Web site: http://
bridge, across the Miami River, need not NYCDOT Metropolitan Avenue Bridge docket.epa.gov/rmepub/. Regional RME,
open 7:10 a.m. to 12:05 p.m. on Sunday, may remain in the closed position on EPA’s electronic public docket and
January 30, 2005. Public vessels of the the following days: February 14 through comments system, is EPA’s preferred
United States and vessels in an February 15; February 24 through method for receiving comments. Once
emergency involving danger to life or February 25; March 3 through March 4; in the system, select ‘‘quick search,’’
property shall be passed at any time. March 10 through March 11; March 17 then key in the appropriate RME Docket
Dated: January 11, 2005. through March 18; and March 24 identification number. Follow the on-
D. Brian Peterman, through March 25, 2005. line instructions for submitting
This deviation from the operating comments.
Rear Admiral, U.S. Coast Guard, Commander,
Seventh Coast Guard District
regulations is authorized under 33 CFR E-mail: mooney.john@epa.gov.
117.35, and will be performed with all Fax: (312)886–5824.
[FR Doc. 05–1659 Filed 1–27–05; 8:45 am]
due speed in order to return the bridge Mail: You may send written
BILLING CODE 4910–15–M
to normal operation as soon as possible. comments to: John M. Mooney, Chief,
Dated: January 21, 2005. Criteria Pollutant Section, (AR–18J),
DEPARTMENT OF HOMELAND Gary Kassof, U.S. Environmental Protection Agency,
SECURITY Bridge Program Manager, First Coast Guard
77 West Jackson Boulevard, Chicago,
District. Illinois 60604.
Coast Guard [FR Doc. 05–1658 Filed 1–27–05; 8:45 am]
Hand delivery: Deliver your
comments to: John M. Mooney, Chief,
BILLING CODE 4910–15–P
33 CFR Part 117 Criteria Pollutant Section, (AR–18J),
U.S. Environmental Protection Agency,
[CGD01–05–004]
Region 5, 77 West Jackson Boulevard,
ENVIRONMENTAL PROTECTION 18th floor, Chicago, Illinois 60604. Such
AGENCY deliveries are only accepted during the
Drawbridge Operation Regulations:
Newtown Creek, Dutch Kills, English 40 CFR Part 52 Regional Office’s normal hours of
Kills, and Their Tributaries, NY operation. The Regional Office’s official
[R05–OAR–2004–MI–0003; FRL–7865–2] hours of business are Monday through
AGENCY: Coast Guard, DHS. Friday, 8:30 a.m. to 4:30 p.m. excluding
Approval and Promulgation of Federal holidays.
ACTION: Notice of temporary deviation
Maintenance Plan Revisions; Michigan Instructions: Direct your comments to
from regulations.
AGENCY: Environmental Protection RME ID No. R05–OAR–2004–MI–0003.
SUMMARY: The Commander, First Coast Agency. EPA’s policy is that all comments
Guard District, has issued a temporary ACTION: Direct final rule. received will be included in the public
deviation from the drawbridge operation docket without change, including any
regulations for the Metropolitan Avenue SUMMARY: The Environmental Protection personal information provided, unless
Bridge, mile 3.4, across English Kills at Agency (EPA) is approving a December the comment includes information
New York City, New York. Under this 19, 2003 request from Michigan for a claimed to be Confidential Business
temporary deviation the bridge may State Implementation Plan (SIP) Information (CBI) or other information
remain closed on the following days: revision of the Southeast Michigan whose disclosure is restricted by statute.
February 14 through February 15; carbon monoxide (CO) maintenance Do not submit information that you
February 24 through February 25; March plan. The CO maintenance plan revision consider to be CBI or otherwise
3 through March 4; March 10 through establishes a new on-road emissions protected through RME, regulations.gov,
March 11; March 17 through March 18; inventory for the years 1996 and 2010. or e-mail. The EPA RME Web site and
and March 24 through March 25, 2005. The revision also establishes a new the federal regulations.gov Web site are
This temporary deviation is necessary to transportation conformity motor vehicle ‘‘anonymous access’’ systems, which
facilitate bridge maintenance. emissions budget (MVEB) for the year means EPA will not know your identity

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