Вы находитесь на странице: 1из 3

48498 Federal Register / Vol. 71, No.

161 / Monday, August 21, 2006 / Proposed Rules

Subsections 3.10.3A.2.c.1 through 3, in rule would allow the bridge owners to position for a 5-month period while the
part requiring that no new or expanded make necessary repairs to the bridge. electrical and hydraulic systems are
wastewater discharges may be permitted DATES: Comments and related material overhauled. Navigation on the waterway
in waters classified as Special must reach the Coast Guard on or before in vicinity of the bridge consists of
Protection Waters until all non- September 20, 2006. excursion boats and recreational
discharge-load reduction alternatives ADDRESSES: You may mail comments watercraft, neither of which will be
have been fully evaluated and rejected and related material to Commander impacted by the closure due to winter
because of technical or financial (dwb), Eighth Coast Guard District, weather and frozen river conditions.
infeasibility; subsections 3.10.3A.2.d.1. Bridge Branch, 1222 Spruce Street, St. Currently, the draw opens on signal for
through 7., setting forth requirements Louis, MO 63103–2832. Commander passage of river traffic from April 1 to
for wastewater treatment facilities; and (dwb) maintains the public docket for October 31, 8 a.m. to midnight; from
subsections 3.10.3A.2.e.1. and 2., this rulemaking. Comments and midnight to 8 a.m. the draw shall open
conditioning project approval on the material received from the public, as on signal if notification is made prior to
existence of an approved Non-Point well as documents indicated in this 11 p.m. From November 1 to March 31,
Source Pollution Control Plan (NPSP) preamble as being available in the the draw shall open on signal if at least
for the project area and requiring that docket, will become part of this docket 24 hours notice is given. The Wisconsin
approval of a new or expanded and will be available for inspection or Department of Transportation requested
withdrawal and/or wastewater copying at room 2.107f in the Robert A. the drawbridge be permitted to remain
discharge project be subject to the Young Federal Building at Eighth Coast closed to navigation from November 1,
condition that new connections to the Guard District, between 8 a.m. and 4 2006, to April 1, 2007.
project system be limited to service p.m., Monday through Friday, except Discussion of Proposed Rule
areas regulated by a NPSP approved by Federal holidays.
the Commission. The proposed rule requires the draw
FOR FURTHER INFORMATION CONTACT: Mr. span to be closed to navigation for five
Previous notices concerning
Roger K. Wiebusch, Bridge months, November 1, 2006 to April 1,
designation of the Lower Delaware River
Administrator, (314) 269–2378. 2007. This closure will enable workers
as Special Protection Waters were
SUPPLEMENTARY INFORMATION: to rehabilitate critical electrical and
published in the Federal Register on
September 23, 2004 (69 FR 57008) and Request for Comments hydraulic systems which control draw
August 22, 2005 (70 FR 48923). The span operation. This temporary change
We encourage you to participate in will not cause navigation problems
proposed designation and extension, as
this rulemaking by submitting because the closure is only in effect
well as the final rules establishing and
comments and related material. If you during the winter months when the
extending temporary designation,
do so, please include your name and river is frozen and vessels are absent.
approved by DRBC Resolutions Nos.
address, identify the docket number for
2005–2 and 2005–15 respectively, were Regulatory Evaluation
this rulemaking (CGD08–06–021),
also published on the Commission’s
indicate the specific section of this This proposed rule is not a
Web site, http://www.drbc.net.
document to which each comment ‘‘significant regulatory action’’ under
Dated: August 14, 2006. applies, and give the reason for each section 3(f) of Executive Order 12866,
Pamela M. Bush, comment. Please submit all comments Regulatory Planning and Review, and
Commission Secretary. and related material in a unbound does not require an assessment of
[FR Doc. E6–13699 Filed 8–18–06; 8:45 am] format, no larger than 81⁄2 by 11 inches, potential costs and benefits under
BILLING CODE 6360–01–P suitable for copying. If you would like section 6(a)(3) of that Order. The Office
to know they reached us, please enclose of Management and Budget has not
a stamped, self-addressed postcard or reviewed it under that Order.
DEPARTMENT OF HOMELAND envelope. We will consider all We expect the economic impact of
SECURITY comments and material received during this proposed rule to be so minimal that
the comment period. We may change a full Regulatory Evaluation is
Coast Guard this proposed rule in view of them. unnecessary.
This proposed rule would only be in
Public Meeting
33 CFR Part 117 effect during the coldest months of the
We do not now plan to hold a public year when ice prevents vessel
[CGD08–06–021] meeting. But you may submit a request movements. The impacts on routine
for a meeting by writing to the Eighth navigation are expected to be minimal.
RIN 1625–AA09
Coast Guard District, Bridge Branch, at
the address under ADDRESSES explaining Small Entities
Drawbridge Operation Regulations; St.
Croix River, Prescott, WI why one would be beneficial. If we Under the Regulatory Flexibility Act
determine that a meeting would aid this (5 U.S.C. 601–612), we have considered
AGENCY: Coast Guard, DHS. rulemaking, we will hold one at a time whether this proposed rule would have
ACTION: Notice of proposed rulemaking. and place announced by a later notice a significant economic impact on a
in the Federal Register. substantial number of small entities.
SUMMARY: The Coast Guard proposes to The term ‘‘small entities’’ comprises
change the regulation governing the Background and Purpose small businesses, not-for-profit
Prescott Highway Bridge, across the St. On March 26, 2005, the Wisconsin
rmajette on PROD1PC67 with PROPOSALS1

organizations that are independently


Croix River, Mile 0.3, at Prescott, Department of Transportation requested owned and operated and are not
Wisconsin. Under our proposed rule, a temporary change to the operation of dominant in their fields, and
the drawbridge need not open for river the Prescott Highway Bridge across the governmental jurisdictions with
traffic and may remain in the closed-to- St. Croix River, Mile 0.3 at Prescott, populations of less than 50,000.
navigation position from November 1, Wisconsin, to allow the drawbridge to The Coast Guard certifies under 5
2006 to April 1, 2007. This proposed remain in the closed-to-navigation U.S.C. 605(b) that this rule would not

VerDate Aug<31>2005 15:09 Aug 18, 2006 Jkt 208001 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\21AUP1.SGM 21AUP1
Federal Register / Vol. 71, No. 161 / Monday, August 21, 2006 / Proposed Rules 48499

have a significant economic impact on result in such expenditure, we do regulatory activities unless the agency
a substantial number of small entities. discuss the effects of this rule elsewhere provides Congress, through the Office of
This proposed rule would be in effect in this preamble. Management and Budget, with an
for 5 months during the early winter explanation of why using these
Taking of Private Property
months when the river is frozen over standards would be inconsistent with
and navigation is practically at a This proposed rule will not affect a applicable law or otherwise impractical.
standstill. The Coast Guard expects the taking of private property or otherwise Voluntary consensus standards are
impact of this action to be minimal. have taking implications under technical standards (e.g., specifications
If you think that your business, Executive Order 12630, Governmental of materials, performance, design, or
organization, or governmental Actions and Interference with operation; test methods; sampling
jurisdiction qualifies as a small entity Constitutionally Protected Property procedures; and related management
and that this proposed rule would have Rights. systems practices) that are developed or
a significant economic impact on it, Civil Justice Reform adopted by voluntary consensus
please submit a comment (see standards bodies.
ADDRESSES) explaining why you think it This proposed rule meets applicable This proposed rule does not use
qualifies and how and to what degree standards in sections 3(a) and 3(b)(2) of technical standards. Therefore, we did
this proposed rule would economically Executive Order 12988, Civil Justice not consider the use of voluntary
affect it. Reform, to minimize litigation, consensus standards.
eliminate ambiguity, and reduce
Assistance for Small Entities burden. Environment
Under section 213(a) of the Small We have analyzed this proposed rule
Protection of Children
Business Regulatory Enforcement under Commandant Instruction
Fairness Act of 1996 (Pub. L. 104–121), We have analyzed this proposed rule M16475.1D, and Department of
we want to assist small entities in under Executive Order 13045, Homeland Security Management
understanding this proposed rule so that Protection of Children from Directive 5100.1, which guide the Coast
they could better evaluate its effect on Environmental Health Risks and Safety Guard in complying with the National
them and participate in the rulemaking. Risks. This proposed rule is not an Environmental Policy Act of 1969
If the rule would affect your small economically significant rule and does (NEPA) (42 U.S.C. 4321–4370f), and
business, organization, or governmental not create an environmental risk to have made a preliminary determination
jurisdiction and you have questions health or risk to safety that may that there are no factors in this case that
concerning its provisions or options for disproportionately affect children. would limit the use of a categorical
compliance, please contact Mr. Roger K. Indian Tribal Governments exclusion under section 2.B.2 of the
Wiebusch, Bridge Administrator, Eighth Instruction. Therefore, we believe that
Coast Guard District Bridge Branch, at This proposed rule does not have this rule should be categorically
(314) 269–2378. The Coast Guard will tribal implications under Executive excluded, under figure 2–1, paragraph
not retaliate against small entities that Order 13175, Consultation and (32)(e) of the Instruction, from further
question or complain about this Coordination with Indian Tribal environmental documentation. Under
proposed rule or any policy or action of Governments, because it would not have figure 2–1, paragraph (32)(e) of the
the Coast Guard. a substantial direct effect on one or Instruction, an ‘‘Environmental Analysis
more Indian tribes, on the relationship Check List’’ is not required for this rule.
Collection of Information between the Federal government and Comments on this section will be
This proposed rule would call for no Indian tribes, or on the distribution of considered before we make the final
new collection of information under the power and responsibilities between the decision on whether to categorically
Paperwork Reduction Act of 1995 (44 Federal government and Indian tribes. exclude this rule from further
U.S.C. 3501–3520). Energy Effects environmental review.
Federalism We have analyzed this rule under List of Subjects in 33 CFR Part 117
A rule has implications for federalism Executive Order 13211, Actions Bridges.
under Executive Order 13132, Concerning Regulations That
For the reasons discussed in the
Federalism, if it has a substantial direct Significantly Affect Energy Supply,
preamble, the Coast Guard proposes to
effect on State or local governments and Distribution, or Use. We have
amend 33 CFR part 117 as follows:
would either preempt State law or determined that it is not a ‘‘significant
impose a substantial direct cost of energy action’’ under that order because PART 117—DRAWBRIDGE
compliance on them. We have analyzed it is not a ‘‘significant regulatory action’’ OPERATION REGULATIONS
this proposed rule under that Order and under Executive Order 12866 and is not
have determined that it does not have likely to have a significant adverse effect 1. The authority citation for part 117
implications for federalism. on the supply, distribution, or use of continues to read as follows:
energy. The Administrator of the Office Authority: 33 U.S.C. 499; Department of
Unfunded Mandates Reform Act of Information and Regulatory Affairs Homeland Security Delegation No. 0170.1; 33
The Unfunded Mandates Reform Act has not designated it as a significant CFR 1.05–1(g); section 117.255 also issued
of 1995 (2 U.S.C. 1531–1538) requires energy action. Therefore, it does not under the authority of Pub. L. 102–587, 106
Federal agencies to assess the effects of require a Statement of Energy Effects Stat. 5039.
their discretionary regulatory actions. In
rmajette on PROD1PC67 with PROPOSALS1

under Executive Order 13211. 2. From November 1, 2006, to April 1,


particular, the Act addresses actions 2007, in § 117.667, suspend paragraph
that may result in the expenditure by a Technical Standards
(a) and add paragraphs (d) and (e) to
State, local, or tribal government, in the The National Technology Transfer read as follows:
aggregate, or by the private sector of and Advancement Act (NTTAA) (15
$100,000,000 or more in any one year. U.S.C. 272 note) directs agencies to use § 117.667 St. Croix River.
Though this proposed rule will not voluntary consensus standards in their * * * * *

VerDate Aug<31>2005 15:09 Aug 18, 2006 Jkt 208001 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\21AUP1.SGM 21AUP1
48500 Federal Register / Vol. 71, No. 161 / Monday, August 21, 2006 / Proposed Rules

(d) The draws of the Burlington RCRA–2003–0012 by one of the Attention Docket ID No. EPA–HQ–
Northern Santa Fe Railroad Bridge, Mile following methods: RCRA–2003–0012, 1200 Pennsylvania
0.2, and the Hudson Railroad Bridge, • Federal eRulemaking Portal: http:// Avenue, Washington, DC 20460. Clearly
Mile 17.3, shall operate as follows: www.regulations.gov. Follow the on-line mark the part or all of the information
(1) From April 1 to October 31: instructions for submitting comments. that you claim to be CBI. The http://
(i) 8 a.m. to midnight, the draws shall • E-mail: a-and-r-docket@epa.gov. www.regulations.gov Web site is an
open on signal; • Mail: U.S. Postal Service, send ‘‘anonymous access’’ system, which
(ii) Midnight to 8 a.m., the draws shall comments to: HQ EPA Docket Center means EPA will not know your identity
open on signal if notification is made (6102T), Attention Docket ID No. EPA– or contact information unless you
prior to 11 p.m., HQ–RCRA–2003–0012, 1200
provide it in the body of your comment.
(2) From November 1 through March Pennsylvania Avenue, NW.,
If you send an e-mail comment directly
31, the draw shall open on signal if at Washington, DC 20460. Please include a
to EPA without going through http://
least 24 hours notice is given. total of two copies. We request that you
www.regulations.gov, your e-mail
(e) The draw of the Prescott Highway also send a separate copy of each
address will be automatically captured
Bridge, Mile 0.3, need not open for river comment to the contact person listed
below (see FOR FURTHER INFORMATION and included as part of the comment
traffic and may be maintained in the that is placed in the public docket and
closed-to-navigation position from CONTACT).
made available on the Internet. If you
November 1, 2006 to April 1, 2007. Note: The EPA Docket Center suffered submit an electronic comment, EPA
damage due to flooding during the last week
Dated: August 7, 2006.
of June 2006. The Docket Center is
recommends that you include your
J.R. Whitehead, continuing to operate. However, during the name and other contact information in
Rear Admiral, U.S. Coast Guard, Commander cleanup, there will be temporary changes to the body of your comment and with any
Eighth Coast Guard District. Docket Center telephone numbers, addresses, disk or CD–ROM you submit. If EPA
[FR Doc. E6–13777 Filed 8–18–06; 8:45 am] and hours of operation for people who wish cannot read your comment due to
to make hand deliveries or visit the Public technical difficulties and cannot contact
BILLING CODE 4910–15–P
Reading Room to view documents. Consult
you for clarification, EPA may not be
EPA’s Federal Register notice at 71 FR 38147
(July 5, 2006) or the EPA Web site at http:// able to consider your comment.
ENVIRONMENTAL PROTECTION www.epa.gov/epahome/dockets.htm for Electronic files should avoid the use of
AGENCY current information on docket operations, special characters, any form of
locations and telephone numbers. The encryption, and be free of any defects or
40 CFR Parts 261 and 262 Docket Center’s mailing address for U.S. mail viruses. For additional information
and the procedure for submitting comments about EPA’s public docket visit the EPA
[EPA–HQ–RCRA–2003–0012; FRL–8211–7] to http://www.regulations.gov are not affected
by the flooding and will remain the same.
Docket Center homepage at http://
RIN 2050–AG18 www.epa.gov/epahome/dockets.htm.
• Hand Delivery: In person or by We also request that interested parties
Standards Applicable to Generators of courier, deliver comments to: HQ EPA who would like information they
Hazardous Waste; Subpart K— Docket Center (6102T), Attention Docket previously submitted to EPA to be
Standards Applicable to Academic ID No. EPA–HQ–RCRA–2003–0012, considered as part of this
Laboratories; Extension of Comment 1301 Constitution Avenue, NW., Room reconsideration action identify the
Period B–108, Washington, DC 20004. Such relevant information by docket entry
deliveries are only accepted during the numbers and page numbers.
AGENCY: Environmental Protection Docket’s normal hours of operation, and
Agency (EPA). special arrangements should be made Docket: All documents in the docket
ACTION: Proposed rule; extension of for deliveries of boxed information. are listed in the http://
comment period. Please include a total of two copies. We www.regulations.gov index. Although
request that you also send a separate listed in the index, some information is
SUMMARY: EPA is announcing that the not publicly available, e.g., CBI or other
copy of each comment to the contact
comment period to the proposed rule information the disclosure of which is
person listed below (see FOR FURTHER
entitled Standards Applicable to restricted by statute. Certain other
INFORMATION CONTACT).
Generators of Hazardous Waste; Instructions: Direct your comments to material, such as copyrighted material,
Standards Applicable to Academic Docket ID No. EPA–HQ–RCRA–2003– will be publicly available only in hard
Laboratories published on May 23, 2006 0012. The EPA’s policy is that all copy. Publicly available docket
(71 FR 29711) is being extended until comments received will be included in materials are available either
September 20, 2006. In the proposed the public docket without change and electronically in http://
rule EPA is requesting comment on may be made available online at http:// www.regulations.gov or in hard copy at
alternative options for proposed www.regulations.gov, including any the HQ EPA Docket Center, Docket ID
laboratory requirements for colleges and personal information provided, unless No. EPA–HQ–OAR–2004–0022, EPA
universities. In addition, the proposal the comment includes information West Building, Room B–102, 1301
requests comment on expanding the claimed to be Confidential Business Constitution Ave., NW., Washington,
rule to include other types of Information (CBI) or other information DC 20004. This Docket Facility is open
laboratories that operate and have waste the disclosure of which is restricted by from 8:30 a.m. to 4:30 p.m., Monday
generation patterns similar to college statute. Do not submit information that through Friday, excluding legal
and university laboratories. you consider to be CBI or otherwise holidays. The HQ EPA Docket Center
rmajette on PROD1PC67 with PROPOSALS1

DATES: The comment period for this protected through http:// telephone number is (202) 566–1742.
proposed rule is extended from the www.regulations.gov or e-mail. Send or The Public Reading Room is open from
original closing date of August 21, 2006, deliver information identified as CBI to 8:30 a.m. to 4:30 p.m., Monday through
to September 20, 2006. only the following address: Ms. LaShan Friday, excluding legal holidays. The
ADDRESSES: Submit your comments, Haynes, RCRA Document Control telephone number for the Public
identified by Docket ID No. EPA–HQ– Officer, EPA (Mail Code 5305W), Reading Room is (202) 566–1744. A

VerDate Aug<31>2005 15:09 Aug 18, 2006 Jkt 208001 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 E:\FR\FM\21AUP1.SGM 21AUP1

Вам также может понравиться