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66874 Federal Register / Vol. 71, No.

222 / Friday, November 17, 2006 / Rules and Regulations

technical standards (e.g., specifications between the date of closure and the date FOR FURTHER INFORMATION CONTACT: Mr.
of materials, performance, design, or of opening of the commercial navigation Roger K. Wiebusch, Bridge
operation; test methods; sampling season as published by the Army Corps Administrator, (314) 269–2378.
procedures; and related management of Engineers, the draws need not open SUPPLEMENTARY INFORMATION:
systems practices) that are developed or unless at least 24 hours advance notice
adopted by voluntary consensus is given. Regulatory Information
standards bodies. On August 21, 2006, we published a
This rule does not use technical ■ 4. Revise § 117.687 to read as follows: notice of proposed rulemaking (NPRM)
standards. Therefore, we did not § 117.687 Missouri River. entitled Drawbridge Operation
consider the use of voluntary consensus Regulation; St. Croix River, Prescott, WI
The draws of the bridges across the
standards. in the Federal Register (71 FR 48498).
Missouri River shall open on signal;
We received no comment letters on the
Environment except during the winter season
proposed rule. No public hearing was
We have analyzed this rule under between the date of closure and date of
requested, and none was held.
Commandant Instruction M16475.1D, opening of the commercial navigation
which guides the Coast Guard in season as published by the Army Corps Background and Purpose
complying with the National of Engineers, the draws need not open On March 26, 2005, the Wisconsin
Environmental Policy Act of 1969 unless at least 24 hours advance notice Department of Transportation requested
(NEPA) (42 U.S.C. 4321–4370f), and is given. a temporary change to the operation of
have concluded that there are no factors Dated: October 25, 2006. the Prescott Highway Bridge across the
in this case that would limit the use of J.R. Whitehead, St. Croix River, Mile 0.3, at Prescott,
a categorical exclusion under section Rear Admiral, U.S. Coast Guard Commander, Wisconsin, to allow the drawbridge to
2.B.2 of the Instruction. Therefore this Eighth Coast Guard District. remain in the closed-to-navigation
rule is categorically excluded under [FR Doc. E6–19455 Filed 11–16–06; 8:45 am] position for a 5-month period while the
figure 2–1, paragraph 32(e) of the BILLING CODE 4910–15–P
electrical and hydraulic systems are
Instruction from further environmental overhauled. Navigation on the waterway
documentation. Paragraph 32(e) consists of both commercial (excursion
excludes the promulgation of operating DEPARTMENT OF HOMELAND boat) and recreational watercraft, which
regulations or procedures for SECURITY may be minimally impacted by the
drawbridges from the environmental closure period. Currently, the draw
documentation requirements of the Coast Guard opens on signal for the passage of river
National Environmental Policy Act traffic from April 1 to October 31, 8 a.m.
(NEPA). Since this regulation would 33 CFR Part 117 to midnight, except that from midnight
alter the normal operating conditions of [CGD08–06–021] to 8 a.m. the draw shall open on signal
the drawbridge, it falls within this if notification is made prior to 11 p.m.
exclusion. A ‘‘Categorical Exclusion RIN 1625–AA09 From November 1 through March 31,
Determination’’ is available in the the draw shall open on signal if at least
docket for inspection or copying where Drawbridge Operation Regulation; St. 24 hours notice is given. The Wisconsin
indicated under ADDRESSES. Croix River, Prescott, WI Department of Transportation requested
AGENCY: Coast Guard, DHS. the drawbridge be permitted to remain
List of Subjects in 33 CFR Part 117
ACTION: Temporary final rule. closed to navigation from November 1,
Bridges. 2006 to April 1, 2007.
Regulations SUMMARY: The Coast Guard is changing Discussion of Comments and Changes
the regulation governing the Prescott
■ For the reasons discussed in the Highway Bridge, across the St. Croix The Coast Guard received no
preamble, the Coast Guard amends 33 River at Mile 0.3, at Prescott, Wisconsin. comment letters. No changes were made
CFR part 117 as follows: Under the rule, the drawbridge need not to this final rule.
open for river traffic and may remain in Regulatory Evaluation
PART 117—DRAWBRIDGE
the closed-to-navigation position from
OPERATION REGULATIONS This rule is not a ‘‘significant
November 1, 2006 to April 1, 2007. This
regulatory action’’ under section 3(f) of
■ 1. The authority citation for part 117 rule allows the bridge owners to make
Executive Order 12866, Regulatory
continues to read as follows: necessary repairs to the bridge.
Planning and Review, and does not
Authority: 33 U.S.C. 499; Department of DATES: The rule is effective November 1, require an assessment of potential costs
Homeland Security Delegation No. 0170.1; 33 2006 to April 1, 2007. and benefits under section 6(a)(3) of that
CFR 1.05–1(g); section 117.255 also issued ADDRESSES: Comments and material Order. The Office of Management and
under the authority of Pub. L. 102–587, 106 received from the public, as well as
Stat. 5039.
Budget has not reviewed it under that
documents indicated in this preamble as Order. It is not ‘‘significant’’ under the
■ 2. Revise § 117.407 to read as follows: being available in the docket, are part of regulatory policies and procedures of
docket [CGD08–06–021] and are the Department of Homeland Security
§ 117.407 Missouri River. available for inspection or copying at (DHS).
See § 117.691, Missouri River listed room 2.107f in the Robert A. Young The Coast Guard expects this
under Nebraska. Federal Building at Eighth Coast Guard temporary change to the operation of the
■ 3. Revise § 117.411 to read as follows: District, between 8 a.m. and 4 p.m., Prescott Highway Bridge to have
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Monday through Friday, except Federal minimal economic impact on


§ 117.411 Missouri River. holidays. Commander (dwb), Eighth commercial traffic operating on the St.
The draws of the bridges across the Coast Guard District, Bridge Branch Croix River such that a full regulatory
Missouri River shall open on signal; maintains the public docket for this evaluation under the regulatory policies
except during the winter season rulemaking. and procedures of DHS is unnecessary.

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Federal Register / Vol. 71, No. 222 / Friday, November 17, 2006 / Rules and Regulations 66875

This temporary change will cause determined that it does not have has not designated it as a significant
minimal interruption of the implications for federalism. energy action. Therefore, it does not
drawbridge’s regular operation, since require a Statement of Energy Effects
Unfunded Mandates Reform Act
the change is only in effect during the under Executive Order 13211.
winter months while the river is frozen. The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires Technical Standards
Small Entities Federal agencies to assess the effects of The National Technology Transfer
Under the Regulatory Flexibility Act their discretionary regulatory actions. In and Advancement Act (NTTAA) (15
(5 U.S.C. 601–612), we have considered particular, the Act addresses actions U.S.C. 272 note) directs agencies to use
whether this rule would have a that may result in the expenditure by a voluntary consensus standards in their
significant economic impact on a State, local, or tribal government, in the regulatory activities unless the agency
substantial number of small entities. aggregate, or by the private sector of provides Congress, through the Office of
The term ‘‘small entities’’ comprises $100,000,000 or more in any one year. Management and Budget, with an
small businesses, not-for-profit Though this rule will not result in such explanation of why using these
organizations that are independently expenditure, we do discuss the effects of standards would be inconsistent with
owned and operated and are not this rule elsewhere in this preamble. applicable law or otherwise impractical.
dominant in their fields, and Taking of Private Property Voluntary consensus standards are
governmental jurisdictions with technical standards (e.g., specifications
populations of less than 50,000. This rule will not affect a taking of of materials, performance, design, or
The Coast Guard certifies under 5 private property or otherwise have operation; test methods; sampling
U.S.C. 605(b) that this rule would not taking implications under Executive procedures; and related management
have a significant economic impact on Order 12630, Governmental Actions and systems practices) that are developed or
a substantial number of small entities. Interference with Constitutionally adopted by voluntary consensus
The rule would be in effect for 5 months Protected Property Rights. standards bodies.
during the early winter months when Civil Justice Reform This rule does not use technical
the river is frozen over and navigation This rule meets applicable standards standards. Therefore, we did not
is practically at a standstill. The Coast in sections 3(a) and 3(b)(2) of Executive consider the use of voluntary consensus
Guard expects the impact of this action Order 12988, Civil Justice Reform, to standards.
to be minimal. minimize litigation, eliminate Environment
Assistance for Small Entities ambiguity, and reduce burden.
We have analyzed this rule under
Under section 213(a) of the Small Protection of Children Commandant Instruction M16475.1D,
Business Regulatory Enforcement We have analyzed this rule under which guides the Coast Guard in
Fairness Act of 1996 (Pub. L. 104–121), Executive Order 13045, Protection of complying with the National
we offered to assist small entities in Children from Environmental Health Environmental Policy Act of 1969
understanding this rule so that they Risks and Safety Risks. This rule is not (NEPA) (14 U.S.C. 4321–4370f), and
could better evaluate its effects on them an economically significant rule and have concluded that there are no factors
and participate in the rulemaking. Small does not create an environmental risk to in this case that would limit the use of
businesses may send comments on the health or risk to safety that may a categorical exclusion under section
actions of Federal employees who disproportionately affect children. 2.B.2 of the Instruction. Therefore this
enforce or otherwise determine rule is categorically excluded under
compliance with, Federal regulations to Indian Tribal Governments figure 2–1, paragraph 32(e) of the
the Small Business and Agriculture This rule does not have tribal Instruction from further environmental
Regulatory Enforcement Ombudsman implications under Executive Order documentation. Paragraph 32(e)
and the Regional Small Business 13175, Consultation and Coordination excludes the promulgation of operating
Regulatory Fairness Boards. The with Indian Tribal Governments, regulations or procedures for
Ombudsman evaluates these actions because it would not have a substantial drawbridges from the environmental
annually and rates each agency’s direct effect on one or more Indian documentation requirements of the
responsiveness to small business. If you tribes, on the relationship between the National Environmental Policy Act
wish to comment on actions by Federal Government and Indian tribes, (NEPA). Since this regulation would
employees of the Coast Guard, call 1– or on the distribution of power and alter the normal operating conditions of
800–REG–FAIR (1–800–734–3247). responsibilities between the Federal the drawbridge, it falls within this
Collection of Information Government and Indian tribes. exclusion. A ‘‘Categorical Exclusion
Determination’’ is available in the
This rule calls for no new collection Energy Effects docket for inspection or copying where
of information under the Paperwork We have analyzed this rule under indicated under ADDRESSES.
Reduction Act of 1995 (44 U.S.C. 3501– Executive Order 13211, Actions
3520). Concerning Regulations That List of Subjects in 33 CFR Part 117
Significantly Affect Energy Supply, Bridges.
Federalism
Distribution, or Use. We have
■ For the reasons discussed in the
A rule has implications for federalism determined that it is not a ‘‘significant
preamble, the Coast Guard amends 33
under Executive Order 13132, energy action’’ under that order because
CFR part 117 as follows:
Federalism, if it has a substantial direct it is not a ‘‘significant regulatory action’’
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effect on State or local governments and under Executive Order 12866 and is not PART 117—DRAWBRIDGE
would either preempt State law or likely to have a significant adverse effect OPERATION REGULATIONS
impose a substantial direct cost of on the supply, distribution, or use of
compliance on them. We have analyzed energy. The Administrator of the Office ■ 1. The authority citation for part 117
this rule under that Order and have of Information and Regulatory Affairs continues to read as follows:

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66876 Federal Register / Vol. 71, No. 222 / Friday, November 17, 2006 / Rules and Regulations

Authority: 33 U.S.C. 499; Department of FOR FURTHER INFORMATION CONTACT: professionally installed, and that they
Homeland Security Delegation No. 0170.1; 33 Hugh Van Tuyl, Office of Engineering must access a database to identify
CFR 1.05–1(g); section 117.255 also issued and Technology, (202) 418–7506, e-mail vacant channels at their location. It
under the authority of Pub. L. 102–587, 106 Hugh.VanTuyl@fcc.gov. or Alan proposed to require that personal/
Stat. 5039.
Stillwell, Office of Engineering and portable devices operate only when they
■ 2. From November 1, 2006, to April 1, Technology (202) 418–2925, e-mail receive a control signal from a source
2007, in § 117.667, suspend paragraph Alan.Stillwell@fcc.gov, TTY (202) 418– such as an FM or TV station that
(a) and add paragraphs (d) and (e) to 2989. identifies the vacant TV channels in that
read as follows: SUPPLEMENTARY INFORMATION: This is a particular area. The Commission also
summary of the Commission’s First sought comment on the use of spectrum
§ 117.667 St. Croix River. sensing to identify vacant TV channels,
Report and Order, ET Docket No. 04–
* * * * * but did not propose any specific
186 and ET Docket No. 02–380, FCC 06–
(d) The draws of the Burlington technical criteria for spectrum sensing.
156, adopted October 12, 2006, and 2. In the First Report and Order, the
Northern Santa Fe Railroad Bridge, Mile
released October 18, 2006. The full text Commission takes a number of
0.2, and the Hudson Railroad Bridge,
of this document is available on the important first steps towards allowing
Mile 17.3, shall operate as follows:
Commission’s Internet site at http:// the introduction of new low power
(1) From April 1 to October 31:
www.fcc.gov. It is also available for devices in the broadcast television
(i) 8 a.m. to midnight, the draws shall
inspection and copying during regular spectrum (TV bands) on channels/
open on signal;
business hours in the FCC Reference frequencies that are not being used for
(ii) Midnight to 8 a.m., the draws shall
Center (Room CY–A257), 445 12th authorized services (hereinafter referred
open on signal if notification is made
Street, SW., Washington, DC 20554. The to as ‘‘TV band devices’’). The goal in
prior to 11 p.m.,
full text of this document also may be this proceeding is to allow such devices
(2) From November 1 through March
purchased from the Commission’s to operate on unused television
31, the draw shall open on signal if at
duplication contractor, Best Copy and channels in locations where such
least 24 hours notice is given.
Printing Inc., Portals II, 445 12th St., operations will not result in harmful
(e) The draw of the Prescott Highway
SW., Room CY–B402, Washington, DC interference to TV and other authorized
Bridge, Mile 0.3, need not open for river
20554; telephone (202) 488–5300; fax services. The Commission believes that
traffic and may be maintained in the
(202) 488–5563; e-mail this plan will provide for more efficient
closed-to-navigation position from
fcc@bcpiweb.com. and effective use of the TV spectrum
November 1, 2006 to April 1, 2007.
Summary of the Report and Order and will significantly benefit the public
Dated: October 23, 2006.
by allowing the development of new
J.R. Whitehead, 1. On May 13, 2004, the Commission and innovative types of devices and
Rear Admiral, U.S. Coast Guard Commander, adopted a Notice of Proposed Rule services for businesses and consumers,
Eighth Coast Guard District. Making (NPRM), 69 FR 34103, June 18, without disrupting television and other
[FR Doc. E6–19456 Filed 11–16–06; 8:45 am] 2004, in this proceeding in which it authorized services using the TV bands.
BILLING CODE 4910–15–P proposed to allow unlicensed operation Because transmissions in the TV band
in the TV bands at locations where are subject to less propagation
frequencies are not in use by licensed attenuation than transmissions in other
FEDERAL COMMUNICATIONS services. To ensure that no harmful bands where lower power operations are
COMMISSION interference to TV stations and other permitted (such as unlicensed
authorized users of the spectrum will operations in the 2.4 GHz band),
47 CFR Part 15 occur, the Commission proposed to operations in the TV bands can benefit
define when a TV channel is unused a wide range of service providers and
[ET Docket No. 04–186 and 02–380; FCC
and to require unlicensed devices to consumers by improving the service
06–156]
incorporate ‘‘smart radio’’ features to range of wireless operations, thereby
Unlicensed Operation in the TV identify the unused TV channels in the allowing operators to reach new
Broadcast Bands area where they are located. For the customers. While there will be
purpose of establishing a plan for significant benefits to the public from its
AGENCY: Federal Communications minimizing interference, the actions, the Commission recognizes that
Commission. Commission proposed to classify it must balance these benefits with the
ACTION: Final rule. unlicensed broadband devices to be need to protect authorized services in
used in the TV bands into two general the TV bands from harmful interference.
SUMMARY: This document allows low functional categories. The first category 3. The Commission also recognizes
power devices to operate on unused would consist of lower power the importance of conducting tests to
television channels in locations where ‘‘personal/portable’’ unlicensed devices, ensure that whatever standards are
such operations will not result in such as Wi-Fi like cards in laptop ultimately adopted for TV band devices
harmful interference to TV and other computers or wireless in-home local will protect incumbent radio services
authorized services. The Commission area networks (LANs). The second from harmful interference. Given the
believes that this plan will provide for category would consist of higher power complex and novel sharing issues
more efficient and effective use of the ‘‘fixed/access’’ unlicensed devices that presented here, it intends to conduct
TV spectrum and will significantly are generally operated from a fixed several types of testing, and also
benefit the public by allowing the location and may be used to provide a encourages interested parties to conduct
development of new and innovative commercial service such as wireless tests and submit their results into the
types of devices and services for
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broadband Internet access. The record of this proceeding. Interested


businesses and consumers, without Commission proposed that fixed/access parties that conduct their own tests for
disrupting television and other devices incorporate a geo-location the record should provide a test plan
authorized services using the TV bands. method such as a Global Positioning that explains in detail the assumptions
DATES: Effective December 18, 2006. System (GPS) receiver or be used and the reasons supporting them.

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