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Federal Register / Vol. 71, No.

15 / Tuesday, January 24, 2006 / Rules and Regulations 3763

Comment Analysis who do not engage in exporting must DEPARTMENT OF HOMELAND


Impact on Small Business and Fee nevertheless register. In addition, 22 SECURITY
Relief CFR 129.1 states that section
38(b)(1)(A)(ii) of the Arms Export Coast Guard
The majority of comments received Control Act (22 U.S.C. 2778) provides
concerned the fee increase’s impact on that persons engaged in the business of 33 CFR Part 117
small businesses. The comments
brokering activities shall register and [CGD05–06–004]
provided noted the burden the fee
pay a registration fee. Furthermore, 22
increase would place on small RIN 1625–AA–09
businesses, and some sought relief from CFR 129.2 states that, inter alia,
the increase. Prior to the publication of brokering activities include activities by Drawbridge Operation Regulations;
the interim rule, the Department fully U.S. persons who are located inside or Elizabeth River, Eastern Branch, VA
considered the financial burden the fee outside of the United States or foreign
persons subject to U.S. jurisdiction AGENCY: Coast Guard, DHS.
increase would place on industry and
small businesses when it decided upon involving defense articles or defense ACTION: Notice of temporary deviation
the new fee structure, and concluded services of U.S. or foreign origin, which from regulations.
that the impact would be minimal for are located inside or outside of the SUMMARY: The Commander, Fifth Coast
the majority of the registrants. In United States. Guard District, has approved a
addition, as noted in the Regulatory temporary deviation from the
Findings and Notice section, the Rationale for Two-Year Registration
regulations governing the operation of
Department has found that this fee Two comments were received the Berkley Bridge, at mile 0.4, across
increase will not result in an annual requesting the retention of the option to the Eastern Branch of the Elizabeth
effect on the economy of $100 million register up to a maximum period of four River in Norfolk, Virginia. To facilitate
or more; a major increase in costs or electrical repairs, this deviation allows
years. DDTC has reduced the maximum
prices for consumers, individual the drawbridge to remain closed-to-
registration period to two years because
industries, Federal, State, or local navigation from 7 a.m. on February 7,
the increased volume of mergers and
government agencies, or geographic 2006, to 7 a.m. on February 8, 2006 and
regions; or significant adverse effects on acquisitions by regulated companies has
made it more difficult to maintain from 7 a.m. on February 14, 2006, to 7
competition, employment, investment, a.m. on February 15, 2006.
productivity, innovation, or on the accurate information on registrants.
Also, DDTC encountered problems with DATES: This deviation is effective from
ability of United States-based
companies not updating their 7 a.m. on February 7, 2006, to 7 a.m. on
enterprises to compete with foreign-
registration, except at the time of their February 15, 2006.
based enterprises in domestic and
export markets. renewal, as required by 22 CFR 129.4(c). FOR FURTHER INFORMATION CONTACT: Gary
The change from a four-year to a two- Heyer, Bridge Management Specialist,
Rational for Increasing Registration Fees year maximum registration period will Fifth Coast Guard District, at (757) 398–
Ten comments were received improve the currency and accuracy of 6629.
regarding the rationale for increasing the the registrants’ information, which is SUPPLEMENTARY INFORMATION: The
registration fee. The Department has critical to all licensing decisions. Berkley Bridge, a lift-type drawbridge,
increased the ITAR registration fee to has a vertical clearance in the closed
help fund the activities of its Directorate List of Subjects position to vessels of 48 feet, at mean
of Defense Trade Controls (DDTC), as set 22 CFR Part 122 high water.
forth in 22 U.S.C. 2717. In particular, The bridge owner, the Virginia
the additional revenue will assist DDTC Arms and munitions, Exports. Department of Transportation, has
in achieving its goals of expanded requested a temporary deviation from
automation, compliance, training, and 22 CFR Part 129 the current operating regulation set out
quality assurance. The additional in 33 CFR 117.1007, to effect electrical
Arms and munitions, Exports,
resources will enable DDTC to serve the repairs of the draw span.
Technical assistance.
export community with greater To facilitate the repairs, the
efficiency. This increase in registration Accordingly, for the reasons set forth drawbridge will be closed to navigation
fees is the first increase since 1997. above, the interim rule published at 69 from 7 a.m. on February 7, 2006, to 7
FR 70888 is adopted as final. a.m. on February 8, 2006 and from 7
Registration Requirements a.m. on February 14, 2006, to 7 a.m. on
Dated: Decemher 21, 2005.
Three comments were received February 15, 2006. During these periods,
regarding whether particular entities Robert G. Joseph,
the repairs require immobilizing the
must register with DDTC. The interim Under Secretary, Arms Control and operation of the lift span in the closed-
rule and this final rule address an International Security, Department of State. to-navigation position. At all other
increase in the registration fee, the [FR Doc. 06–667 Filed 1–23–06; 8:45 am] times, the drawbridge will operate in
registration renewal period, and other BILLING CODE 4710–25–P accordance with the current operating
minor administrative changes. The regulations outlined in 33 CFR
regulations pertaining to who must 117.1007.
register with DDTC remain unchanged. The Coast Guard has informed the
Pursuant to 22 CFR 122.1, any person known users of the waterway so that
who engages in the United States in the they can arrange their transits to
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business of either manufacturing or minimize any impact caused by the


exporting defense articles or furnishing temporary deviation.
defense services is required to register In accordance with 33 CFR 117.35(c),
with the Office (now Directorate) of this work will be performed with all due
Defense Trade Controls. Manufacturers speed in order to return the bridge to

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3764 Federal Register / Vol. 71, No. 15 / Tuesday, January 24, 2006 / Rules and Regulations

normal operation as soon as possible. replaced by an enhanced federal-wide comment. Electronic files should avoid
This deviation from the operating electronic docket management and the use of special characters, any form
regulations is authorized under 33 CFR comment system located at http:// of encryption, and be free of any defects
117.35. www.regulations.gov. Therefore, you or viruses. For additional information
Dated: January 17, 2006. will be redirected to that site to access about EPA’s public docket visit
the docket EPA–R08–OAR–2005–ND– EDOCKET online or see the Federal
Waverly W. Gregory, Jr.,
0002 and submit comments. Follow the Register of May 31, 2002 (67 FR 38102).
Chief, Bridge Administration Branch, Fifth
on-line instructions for submitting For additional instructions on
Coast Guard District.
comments. submitting comments, go to Section I.
[FR Doc. 06–584 Filed 1–23–06; 8:45 am] • E-mail: long.richard@epa.gov and General Information of the
BILLING CODE 4910–15–P platt.amy@epa.gov. SUPPLEMENTARY INFORMATION section of
• Fax: (303) 312–6064 (please alert this document.
the individual listed in the FOR FURTHER Docket: All documents in the docket
ENVIRONMENTAL PROTECTION INFORMATION CONTACT if you are faxing are listed in the Regional Materials in
AGENCY comments). EDOCKET index at http://
• Mail: Richard R. Long, Director, Air docket.epa.gov/rmepub/index.jsp.
40 CFR Part 52 and Radiation Program, Environmental Although listed in the index, some
[EPA–R08–OAR–2005–ND–0002; FRL– Protection Agency (EPA), Region 8, information is not publicly available,
8011–1] Mailcode 8P–AR, 999 18th Street, Suite i.e., CBI or other information whose
200, Denver, Colorado 80202–2466. disclosure is restricted by statute.
Clean Air Act Approval and • Hand Delivery: Richard R. Long, Certain other material, such as
Promulgation of Air Quality Director, Air and Radiation Program, copyrighted material, is not placed on
Implementation Plan Revision for Environmental Protection Agency the Internet and will be publicly
North Dakota; Revisions to the Air (EPA), Region 8, Mailcode 8P–AR, 999 available only in hard copy form.
Pollution Control Rules; Delegation of 18th Street, Suite 200, Denver, Colorado Publicly available docket materials are
Authority for New Source Performance 80202–2466. Such deliveries are only available either electronically in
Standards accepted Monday through Friday, 8 a.m. Regional Materials in EDOCKET or in
to 4:55 p.m., excluding Federal hard copy at the Air and Radiation
AGENCY: Environmental Protection
holidays. Special arrangements should Program, Environmental Protection
Agency (EPA).
be made for deliveries of boxed Agency (EPA), Region 8, 999 18th
ACTION: Direct final rule and delegation information. Street, Suite 200, Denver, Colorado
of authority. Instructions: Direct your comments to 80202–2466. EPA requests that if at all
Docket ID No. R08–OAR–2005–ND– possible, you contact the individual
SUMMARY: EPA is taking direct final
0002. EPA’s policy is that all comments listed in the FOR FURTHER INFORMATION
action approving certain revisions to the
received will be included in the public CONTACT section to view the hard copy
State Implementation Plan (SIP) as docket without change and may be
submitted by the Governor of North of the docket. You may view the hard
made available at http://docket.epa.gov/ copy of the docket Monday through
Dakota with a letter dated April 11, rmepub/index.jsp, including any
2003. The revisions affect certain Friday, 8 a.m. to 4 p.m., excluding
personal information provided, unless Federal holidays.
portions of air pollution control rules the comment includes information
regarding permitting. This action is FOR FURTHER INFORMATION CONTACT:
claimed to be Confidential Business Amy Platt, Environmental Protection
being taken under section 110 of the Information (CBI) or other information
Clean Air Act. Agency, Region 8, (303) 312–6449,
whose disclosure is restricted by statute.
EPA is also providing notice that on platt.amy@epa.gov.
Do not submit information that you
July 27, 2005, North Dakota was consider to be CBI or otherwise SUPPLEMENTARY INFORMATION:
delegated authority to implement and protected through EDOCKET, Table of Contents
enforce certain New Source regulations.gov, or e-mail. The EPA’s
Performance Standards, as of January I. General Information
Regional Materials in EDOCKET and II. Background
31, 2004. Federal regulations.gov Web site are III. Revisions in the April 11, 2003 Submittal
DATES: This rule is effective on March ‘‘anonymous access’’ systems, which That Are the Subject of This Document
27, 2006 without further notice, unless means EPA will not know your identity IV. Delegation of Authority
EPA receives adverse comment by or contact information unless you V. Section 110(l)
February 23, 2006. If adverse comment provide it in the body of your comment. VI. Final Action
is received, EPA will publish a timely VII. Statutory and Executive Order Reviews
If you send an e-mail comment directly
withdrawal of the direct final rule in the to EPA, without going through Definitions
Federal Register informing the public EDOCKET or regulations.gov, your e- For the purpose of this document, we
that the rule will not take effect. mail address will be automatically are giving meaning to certain words or
ADDRESSES: Submit your comments, captured and included as part of the initials as follows:
identified by Docket ID No. R08–OAR– comment that is placed in the public (i) The words or initials Act or CAA
2005–ND–0002, by one of the following docket and made available on the mean or refer to the Clean Air Act,
methods: Internet. If you submit an electronic unless the context indicates otherwise.
• Federal eRulemaking Portal: http:// comment, EPA recommends that you (ii) The words EPA, we, us or our
www.regulations.gov. Follow the on-line include your name and other contact mean or refer to the United States
instructions for submitting comments. information in the body of your Environmental Protection Agency.
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• Agency Web site: http:// comment and with any disk or CD–ROM (iii) The initials SIP mean or refer to
docket.epa.gov/rmepub/. On November you submit. If EPA cannot read your State Implementation Plan.
28, 2005, Regional Material in comment due to technical difficulties (iv) The words State or ND mean the
EDOCKET (RME), EPA’s electronic and cannot contact you for clarification, State of North Dakota, unless the
public docket and comment system, was EPA may not be able to consider your context indicates otherwise.

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