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51540 Federal Register / Vol. 71, No.

168 / Wednesday, August 30, 2006 / Proposed Rules

PART 300—USER FEES would meet the reasonable needs of meeting the reasonable needs of
navigation while not impacting navigation. Recently waterway users
Paragraph 1. The authority citation vehicular traffic. have requested that the Southern
for part 300 continues to read as DATES: Comments and related material Boulevard (SR 700/80) bridge regulation
follows: must reach the Coast Guard on or before be changed from opening on the hour
Authority: 31 U.S.C. 9701. October 16, 2006. and half-hour to opening on the quarter
Par. 2. Section 300.1(b) is amended by ADDRESSES: You may mail comments and three-quarter hour in order to
adding a sentence to the end of the and related material to Commander improve vessel transit sequencing on
paragraph to read as follows: (dpb), Seventh Coast Guard District, 909 the Atlantic Intracoastal Waterway
SE. 1st Avenue, Room 432, Miami, through Palm Beach County. This
§ 300.1 Installment agreement fee. Florida 33131–3050. Commander (dpb) proposed schedule will improve transit
* * * * * maintains the public docket for this times for vessels while not impairing
(b) * * * Effective January 1, 2007, rulemaking. Comments and material vehicular traffic.
the fee for entering into an installment received from the public, as well as Discussion of Proposed Rule
agreement is $105, except that the fee is documents indicated in this preamble as
$52 when the taxpayer pays by way of The Coast Guard proposes to change
being available in the docket, will
a direct debit from the taxpayer’s bank the operating regulation of the Southern
become part of docket number [CGD07–
account. Boulevard (SR 700/80) Bridge that
06–130] and will be available for
crosses the Atlantic Intracoastal
* * * * * inspection or copying at Commander
Waterway, mile 1024.7, in Palm Beach,
Par. 3. Section 300.2(b) is amended by (dpb), Seventh Coast Guard District, 909
FL. The existing regulation that governs
adding a sentence to the end of the SE. 1st Avenue, Room 432, Miami,
the operation of the Southern Boulevard
paragraph to read as follows: Florida 33131–3050 between 8 a.m. and
(SR 700/80) drawbridge is published in
4:30 p.m., Monday through Friday,
§ 300.2 Restructuring or reinstatement of 33 CFR 117.261(w).
except Federal holidays. The proposed rule would improve
installment agreement fee.
FOR FURTHER INFORMATION CONTACT: Mr. staggered bridge openings and allow
* * * * * Barry Dragon, Seventh Coast Guard
(b) * * * Effective January 1, 2007, vessels traveling at five knots to
District, Bridge Branch, telephone significantly reduce wait times to pass
the fee for restructuring or reinstating an number 305–415–6743.
installment agreement is $45. through the Southern Boulevard (SR
SUPPLEMENTARY INFORMATION: 700/80) Drawbridge. The proposed
* * * * * schedule would have the Southern
Request for Comments
Mark. E. Matthews, Boulevard (SR 700/80) Bridge opening
Deputy Commissioner for Services and
We encourage you to participate in on the quarter and three-quarter hour.
Enforcement. this rulemaking by submitting
comments and related material. If you Regulatory Evaluation
[FR Doc. E6–14421 Filed 8–29–06; 8:45 am]
do so, please include your name and This proposed rule is not a
BILLING CODE 4830–01–P
address, identify the docket number for ‘‘significant regulatory action’’ under
this rulemaking [CGD07–06–130], section 3(f) of Executive Order 12866,
indicate the specific section of this Regulatory Planning and Review, and
DEPARTMENT OF HOMELAND document to which each comment does not require an assessment of
SECURITY applies, and give the reason for each potential costs and benefits under
Coast Guard comment. Please submit all comments section 6(a)(3) of that Order. The Office
and related material in an unbound of Management and Budget has not
33 CFR Part 117 format, no larger than 81⁄2 by 11 inches, reviewed it under that Order. It is not
suitable for copying. If you would like ‘‘significant’’ under the regulatory
[CGD07–06–130] to know they reached us, please enclose policies and procedures of the
RIN 1625–AA09 a stamped, self-addressed postcard or Department of Homeland Security.
envelope. We will consider all We expect the economic impact of
Drawbridge Operation Regulations; comments and material received during this proposed rule to be so minimal that
Southern Boulevard (SR 700/80) the comment period. We may change a full Regulatory Evaluation under the
Bridge, Atlantic Intracoastal Waterway, this proposed rule in view of them. regulatory policies and procedures of
mile 1024.7, Palm Beach, FL DHS is unnecessary. Because the
Public Meeting proposed rule would provide timed
AGENCY: Coast Guard, DHS. We do not now plan to hold a public openings for vehicular traffic and
ACTION: Notice of proposed rulemaking. meeting. But you may submit a request continue to provide twice an hour
for a meeting by writing to Bridge sequenced openings for vessel traffic,
SUMMARY: The Coast Guard proposes to Branch, Seventh Coast Guard District, at the rule should have little economic
change the regulation governing the the address under ADDRESSES explaining impact.
operation of the Southern Boulevard (SR why one would be beneficial. If we
700/80) Bridge across the Atlantic Small Entities
determine that one would aid this
Intracoastal Waterway, mile 1024.7, rulemaking, we will hold one at a time Under the Regulatory Flexibility Act
Palm Beach, Florida. The proposed rule and place announced by a later notice (5 U.S.C. 601–612), we have considered
would require the drawbridge to open in the Federal Register. whether this proposed rule would have
twice an hour. The proposed schedule a significant economic impact on a
jlentini on PROD1PC65 with PROPOSAL

is based on requests from vessel Background and Purpose substantial number of small entities.
operators along the Atlantic Intracoastal In 2005, the Coast Guard changed the The term ‘‘small entities’’ comprises
Waterway. The proposed schedule regulations on most of the bridges in small businesses, not-for-profit
would require the bridge to open on the Palm Beach County to facilitate organizations that are independently
quarter and three quarter-hour and increased vehicular traffic while owned and operated and are not

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Federal Register / Vol. 71, No. 168 / Wednesday, August 30, 2006 / Proposed Rules 51541

dominant in their fields, and Unfunded Mandates Reform Act of Information and Regulatory Affairs
governmental jurisdictions with The Unfunded Mandates Reform Act has not designated it as a significant
populations of less than 50,000. of 1995 (2 U.S.C. 1531–1538) requires energy action. Therefore, it does not
The Coast Guard certifies under 5 Federal agencies to assess the effects of require a Statement of Energy Effects
U.S.C. 605(b) that this proposed rule their discretionary regulatory actions. In under Executive Order 13211.
would not have a significant economic particular, the Act addresses actions Technical Standards
impact on a substantial number of small that may result in the expenditure by a
State, local, or tribal government, in the The National Technology Transfer
entities. This proposed rule would affect and Advancement Act (NTTAA) (15
the following entities, some of which aggregate, or by the private sector of
$100,000,000 or more in any one year. U.S.C. 272 note) directs agencies to use
may be small entities: the owners or voluntary consensus standards in their
operators of vessels needing to transit Though this proposed rule will not
result in such an expenditure, we do regulatory activities unless the agency
the Intracoastal Waterway in the provides Congress, through the Office of
vicinity of the Broward County bridges. discuss the effects of this rule elsewhere
in this preamble. Management and Budget, with an
The proposed rule would not have a explanation of why using these
significant economic impact on a Taking of Private Property standards would be inconsistent with
substantial number of small entities This proposed rule would not affect a applicable law or otherwise impractical.
because proposed rule would provide taking of private property or otherwise Voluntary consensus standards are
timed openings for vehicular traffic and have taking implications under technical standards (e.g., specifications
continue to provide twice an hour Executive Order 12630, Governmental of materials, performance, design, or
sequenced openings for vessel traffic. Actions and Interference with operation; test methods; sampling
If you think that your business, Constitutionally Protected Property procedures; and related management
organization, or governmental Rights. systems practices) that are developed or
jurisdiction qualifies as a small entity adopted by voluntary consensus
Civil Justice Reform standards bodies.
and that this rule would have a
significant economic impact on it, This proposed rule meets applicable This proposed rule does not use
please submit a comment (see standards in sections 3(a) and 3(b)(2) of technical standards. Therefore, we did
ADDRESSES) explaining why you think it Executive Order 12988, Civil Justice not consider the use of voluntary
qualifies and how and to what degree Reform, to minimize litigation, consensus standards.
this rule would economically affect it. eliminate ambiguity, and reduce
Environment
burden.
Assistance for Small Entities We have analyzed this proposed rule
Protection of Children under Commandant Instruction
Under section 213(a) of the Small We have analyzed this proposed rule M16475.lD, which guides the Coast
Business Regulatory Enforcement under Executive Order 13045, Guard in complying with the National
Fairness Act of 1996 (Pub. L. 104–121), Protection of Children from Environmental Policy Act of 1969
we want to assist small entities in Environmental Health Risks and Safety (NEPA) (42 U.S.C. 4321–4370f), and
understanding this proposed rule so that Risks. This rule is not an economically have made a preliminary determination
they can better evaluate its effects on significant rule and would not create an that there are no factors in this case that
them and participate in the rulemaking. environmental risk to health or risk to would limit the use of a categorical
If the rule would affect your small safety that might disproportionately exclusion under section 2.B.2 of the
business, organization, or governmental affect children. Instruction. Therefore, we believe that
jurisdiction and you have questions this rule should be categorically
concerning its provisions or options for Indian Tribal Governments
excluded, under figure 2–1, paragraph
compliance, please contact the person This proposed rule does not have (32)(e), of the Instruction, from further
listed under FOR FURTHER INFORMATION tribal implications under Executive environmental documentation. Under
CONTACT. The Coast Guard will not Order 13175, Consultation and figure 2–1, paragraph (32)(e), of the
retaliate against small entities that Coordination with Indian Tribal Instruction, an ‘‘Environmental Analysis
question or complain about this rule or Governments, because it would not have Check List’’ and a ‘‘Categorical
any policy or action of the Coast Guard. a substantial direct effect on one or Exclusion Determination’’ are not
more Indian tribes, on the relationship required for this rule. Comments on this
Collection of Information between the Federal Government and section will be considered before we
This proposed rule would call for no Indian tribes, or on the distribution of make the final decision on whether to
new collection of information under the power and responsibilities between the categorically exclude this rule from
Paperwork Reduction Act of 1995 (44 Federal Government and Indian tribes. further environmental review.
U.S.C. 3501–3520). Energy Effects List of Subjects in 33 CFR Part 117
Federalism We have analyzed this proposed rule Bridges.
under Executive Order 13211, Actions For the reasons discussed in the
A rule has implications for Concerning Regulations That preamble, the Coast Guard proposes to
Federalism under Executive Order Significantly Affect Energy Supply, amend 33 CFR part 117 as follows:
13132, Federalism, if it has a substantial Distribution, or Use. We have
direct effect on State or local determined that it is not a ‘‘significant PART 117—DRAWBRIDGE
governments and would either preempt energy action’’ under that order because
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OPERATION REGULATIONS
State law or impose a substantial direct it is not a ‘‘significant regulatory action’’
cost of compliance on them. We have under Executive Order 12866 and is not 1. The authority citation for part 117
analyzed this proposed rule under that likely to have a significant adverse effect continues to read as follows:
Order and have determined that it does on the supply, distribution, or use of Authority: 33 U.S.C. 499; 33 CFR 1.05–1(g);
not have implications for Federalism. energy. The Administrator of the Office Department of Homeland Security Delegation

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51542 Federal Register / Vol. 71, No. 168 / Wednesday, August 30, 2006 / Proposed Rules

No. 0170.1; section 117.255 also issued under • Fax: (202) 566–1741. disk or CD–ROM you submit. If EPA
the authority of Pub. L. 102–587, 106 Stat. • Mail: U.S. Environmental cannot read your comment due to
5039. Protection Agency, EPA West Building, technical difficulties and cannot contact
2. In Sec. 117.261 revise paragraph 1200 Pennsylvania Ave., NW., Room: you for clarification, EPA may not be
(w) to read as follows: B108 Mail Code: 6102T, Washington, able to consider your comment.
DC 20460. Deliveries are only accepted Electronic files should avoid the use of
§ 117.261 Atlantic Intracoastal Waterway during the Docket’s normal hours of special characters, any form of
from St. Marys River to Key Largo. operation from 8:30 a.m. to 4:30 p.m., encryption, and be free of any defects or
* * * * * Monday through Friday, except on viruses. For additional information
(w) Southern Boulevard (SR 700/80) government holidays. If your Docket about EPA’s public docket visit the EPA
bridge, mile 1024.7, at Palm Beach. The requires the submission of multiple Docket Center homepage at http://
draw shall open on the quarter and copies, please insert the following here: www.epa.gov/epahome/dockets.htm.
three-quarter hour. • Please include a total of copies. Docket: All documents in the docket
* * * * * • If the NPRM involves an ICR that are listed in the http://
will be submitted to OMB for review www.regulations.gov index. Although
Dated: July 5, 2006. and approval under 5 CFR 1320.11, then
D.W. Kunkel, listed in the index, some information is
you must also include the following not publicly available, e.g., CBI or other
Rear Admiral, U.S. Coast Guard, Commander, language pursuant to 1320.11(a): ‘‘In
Seventh Coast Guard District. information whose disclosure is
addition, please mail a copy of your
[FR Doc. E6–14432 Filed 8–29–06; 8:45 am]
restricted by statute. Certain other
comments on the information collection
material, such as copyrighted material,
BILLING CODE 4910–15–P provisions to the Office of Information
will be publicly available only in hard
and Regulatory Affairs, Office of
copy. Publicly available docket
Management and Budget (OMB), Attn:
materials are available either
ENVIRONMENTAL PROTECTION Desk Officer for EPA, 725 17th St. NW.,
electronically in http://
AGENCY Washington, DC 20503.’’
• Hand Delivery: EPA Docket Center www.regulations.gov or in hard copy at
40 CFR Parts 9 and 86 (Air Docket), U.S. Environmental the EPA Docket Center (EPA/DC), Air
Protection Agency, EPA West Building, Docket, Public Reading Room, Room
[EPA–HQ–OAR–2005–0474; FRL–8214–8]
1301 Constitution Avenue, NW., Room: B108, EPA West Building, 1301
RIN 2060–AN70 B108 Mail Code: 6102T, Washington, Constitution Avenue, NW., Washington,
DC. Such deliveries are only accepted DC. The EPA Docket Center Public
Amendments to Regulations for during the Docket’s normal hours of Reading Room is open from 8:30 a.m. to
Heavy-Duty Diesel Engines operation from 8:30 a.m. to 4:30 p.m., 4:30 p.m., Monday through Friday,
Monday through Friday, except on except on government holidays. You
AGENCY: Environmental Protection can reach the Air Docket by telephone
government holidays, and special
Agency (EPA). at (202) 566–1742 and by facsimile at
arrangements should be made for
ACTION: Notice of Proposed Rulemaking. deliveries of boxed information. (202) 566–1741. You may be charged a
Instructions: Direct your comments to reasonable fee for photocopying docket
SUMMARY: In a rule published January materials, as provided in 40 CFR part 2.
Docket ID No. EPA–HQ–OAR–2005–
18, 2001, EPA promulgated several new
0474. EPA’s policy is that all comments FOR FURTHER INFORMATION CONTACT:
standards for heavy-duty highway diesel received will be included in the public
engines and vehicles beginning in Zuimdie Guerra, Assessment and
docket without change and may be Standards Division, e-mail
model year 2007. In this rulemaking we made available online at http://
are proposing to make some technical guerra.zuimdie@epa.gov, voice-mail
www.regulations.gov, including any (734) 214–4387.
amendments to the regulations to personal information provided, unless
correct typographical errors, revise SUPPLEMENTARY INFORMATION:
the comment includes information
references, remove old provisions, and claimed to be Confidential Business I. General Information
to revise some provisions regarding Information (CBI) or other information
deterioration factors to be identical to A. Background
whose disclosure is restricted by statute.
those for nonroad diesel engines Do not submit information that you In the ‘‘Rules and Regulations’’
certified under the Tier 4 rule, consider to be CBI or otherwise section of this Federal Register, we are
published June 29, 2004. protected through http:// making these revisions as a direct final
DATES: Written comments must be www.regulations.gov or e-mail. The rule without prior proposal because we
received by September 29, 2006. http://www.regulations.gov Web site is view these revisions as noncontroversial
Request for a public hearing must be an ‘‘anonymous access’’ system, which and anticipate no adverse comment.
received by September 14, 2006. If we means EPA will not know your identity We have explained our reasons for
receive a request for a public hearing, or contact information unless you these revisions in the preamble to the
we will publish information related to provide it in the body of your comment. direct final rule. If we receive no
the timing and location of the hearing If you send an e-mail comment directly adverse comment, we will not take
and the timing of a new deadline for to EPA without going through http:// further action on this proposed rule. If
public comments. www.regulations.gov your e-mail we receive adverse comment on the
ADDRESSES: Submit your comments, address will be automatically captured rule, or on one or more distinct actions
identified by Docket ID No. EPA–HQ– and included as part of the comment in the rule, we will withdraw the direct
OAR–2005–0474, by one of the that is placed in the public docket and final rule, or the portions of the rule
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following methods: made available on the Internet. If you receiving adverse comment. We will
• http://www.regulations.gov: Follow submit an electronic comment, EPA address all public comments in a
the on-line instructions for submitting recommends that you include your subsequent final rule based on this
comments. name and other contact information in proposed rule. We will not institute a
• E-mail: a-and-r-docket@epa.gov. the body of your comment and with any second comment period on this action.

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