Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2006-10-23.xml --- 71 204 Monday, October 23, 2006 Contents Agriculture Agriculture Department See Food and Nutrition Service See Forest Service Army Army Department NOTICES Environmental statements; availability, etc.: Fort Bliss, TX and NM; land and airspace use; correction, 62153 C6-8667 Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Centers Centers for Disease Control and Prevention NOTICES Meetings:

Healthcare Infection Control Practices Advisory Committee, 62112 E6-17660 Tuberculosis Elimination Advisory Council, 62112 E6-17652 Coast Guard Coast Guard RULES Drawbridge operations: Massachusetts, 62058-62060 06-8823 PROPOSED RULES Ports and waterways safety; regulated navigation areas, safety zones, security zones, etc.: Great Lakes; Coast Guard water training areas; public meetings, 62075-62076 06-8849 Commerce Commerce Department See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Customs Customs and Border Protection Bureau NOTICES Meetings:

Trade symposium, 62115-62116 E6-17622 Defense Defense Department See Army Department NOTICES Base closures and realignments; list, 62096 E6-17691 Meetings: National Defense University Board of Visitors, 62096 06-8824 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, E6-17647 62097-62098 E6-17648 Meetings: Historically Black Colleges and Universities President's Board of Advisors, 62098 06-8827 National Assessment Governing Board, 62098-62099 06-8821 Employee Employee Benefits Security Administration NOTICES Meetings:

Employee Welfare and Pension Benefit Plans Advisory Council, E6-17705 62124-62125 E6-17725 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Meetings: Environmental Management Site-Specific Advisory Board— Nevada Test Site, 62099-62100 E6-17700 Oak Ridge Reservation, TN, 62100 E6-17702 EPA Environmental Protection Agency PROPOSED RULES Air quality implementation plans: Preparation, adoption, and submittal— Prevention of significant deterioration and nonattainment new source review; debottlenecking, aggregation, and project netting; public hearing, 62076-62077 06-8842 NOTICES Meetings:

Environmental Laboratory Advisory Board, 62107-62108 E6-17665 Executive Executive Office of the President See Presidential Documents Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 62108 06-8855 Federal Energy Federal Energy Regulatory Commission NOTICES Environmental statements; availability, etc.: Orange Cove Irrigation District, 62107 E6-17638 *Applications, hearings, determinations, etc.:* CalPeak Power LLC, 62100-62101 E6-17629 Enron Wind Systems, LLC, 62101 E6-17625 Flat Rock Windpower II, LLC, 62101 E6-17626 Freysinger, David S., 62101-62102 E6-17637 High Trail Wind Farm, LLC, 62102 E6-17627 Katmai Energy, LLC, 62102-62103 E6-17631 LSF Ltd., 62103 E6-17635 Maritimes & Northeast Pipeline, L.L.C., 62103 E6-17639 MMC Chula Vista LLC, et al., 62103-62104 E6-17636 Northwest Pipeline Corp., 62104 E6-17623 Pepperell Realty, LLC, 62104-62105 E6-17632 Spindle Hill Energy LLC, 62105 E6-17630 Transcontinental Gas Pipe Line Corp., 62105-62106 E6-17624 USEG, LLP, 62106 E6-17628 Velocity Futures, L.P., 62106 E6-17633 Weyerhaeuser Co., 62107 E6-17634 Federal Motor Federal Motor Carrier Safety Administration NOTICES Motor carrier safety standards:

Driver qualifications; vision requirement exemptions, 62147-62150 E6-17678 E6-17679 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Change in bank control, 62108 E6-17593 Formations, acquisitions, and mergers, 62108 E6-17594 Permissible nonbanking activities, 62108-62109 E6-17595 FTC Federal Trade Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 62109-62111 E6-17666 Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened species:

Slickspot peppergrass, 62078-62079 06-8833 Food Food and Nutrition Service RULES Child nutrition programs: Child and Adult Care Food Program— For-profit center participation, 62057-62058 E6-17640 MISSING FOR: Foreign-Trade Zones Board Foreign-Trade Zones Board NOTICES *Applications, hearings, determinations, etc.:* Michigan, 62080-62081 E6-17716 Forest Forest Service NOTICES Federal Lands Recreation Enhancement Act; implementation: New site fees, 62080 E6-17681 Meetings: Lake Tahoe Basin Federal Advisory Committee, 62080 06-8825 Health Health and Human Services Department See Centers for Disease Control and Prevention See Health Resources and Services Administration See National Institutes of Health NOTICES Meetings:

National Toxicology Program— Scientific Counselors Board, 62111-62112 E6-17711 Health Health Resources and Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 62112-62113 E6-17667 Grants and cooperative agreements; availability, etc.: Service Area Competition for Consolidated Health Center Program, 62113 E6-17698 Homeland Homeland Security Department See Coast Guard See Customs and Border Protection Bureau See Immigration and Customs Enforcement Bureau See U.S.

Citizenship and Immigration Services Housing Housing and Urban Development Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 62119-62120 E6-17706 Immigration Immigration and Customs Enforcement Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, E6-17669 62116-62118 E6-17671 E6-17675 E6-17676 Indian Indian Affairs Bureau NOTICES Tribal-State Compacts approval; Class III (casino) gambling:

Kiowa Tribe, OK, 62120 E6-17703 Industry Industry and Security Bureau PROPOSED RULES Export administration regulations: Cuba; agricultural commodities exports; licensing procedures, 62065 E6-17707 Foreign policy-based export controls, 62065-62067 E6-17713 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau IRS Internal Revenue Service PROPOSED RULES Income taxes: Transfers of built-in losses; limitations, 62067-62075 E6-17649 NOTICES Agency information collection activities; proposals, submissions, and approvals, 62151 E6-17641 Meetings:

Taxpayer Advocacy Panels, 62151-62152 E6-17642 E6-17643 International International Trade Administration NOTICES Antidumping: Honey from— China, 62081-62082 E6-17714 Hot-rolled carbon steel flat products from— Romania, 62082-62085 E6-17717 Polyvinyl Alcohol from— China, 62086-62087 E6-17712 International International Trade Commission NOTICES Import investigations: Cut-to-length carbon steel plate from— United Kingdom, 62121 E6-17621 Flash memory chips, flash memory systems, and products containing same, 62121 E6-17721 Meetings;

Sunshine Act, 62122 06-8843 Justice Justice Department See Justice Programs Office Justice Justice Programs Office NOTICES Meetings: Global Justice Information Sharing Initiative Federal Advisory Committee, 62122 E6-17683 Labor Labor Department See Employee Benefits Security Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 62122-62124 E6-17670 E6-17672 Land Land Management Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 62120-62121 06-8826 Legal Legal Services Corporation NOTICES Meetings;

Sunshine Act, 62125-62126 06-8853 06-8857 NASA National Aeronautics and Space Administration PROPOSED RULES Aquisition regulations: Cross-waiver of liability, 62061-62065 E6-17701 National Archives National Archives and Records Administration NOTICES Agency records schedules; availability, 62126-62129 E6-17620 National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings: Arts Advisory Panel, 62129 E6-17616 Arts and the Humanities, President's Committee, 62129 E6-17617 NIH National Institutes of Health NOTICES Agency information collection activities; proposals, submissions, and approvals, 62114 E6-17708 Reports and guidance documents; availability, etc.:

Translational Research Working Group; cancer translation research development; comment request, 62114-62115 E6-17699 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Northeastern United States fisheries— Northeast multispecies and monkfish, 62156-62196 06-8811 NOTICES Marine mammals: Incidental taking; authorization letters, etc.— Black Abalone Research Surveys at San Nicolas Island, Ventura County, CA, 62087-62092 E6-17704 Meetings:

Gulf of Mexico Fishery Management Council, 62093 E6-17685 E6-17687 New England Fishery Management Council, 62093-62094 E6-17689 North Pacific Fishery Management Council, 62094 E6-17686 E6-17688 Pacific Fishery Management Council, 62094-62095 E6-17645 Protected Species Safe Handling, Release, and Identification Workshops, 62095-62096 E6-17697 National Science National Science Foundation NOTICES Committees; establishment, renewal, termination, etc.: National Science Board Office, 62129-62130 E6-17604 Nuclear Nuclear Regulatory Commission NOTICES *Applications, hearings, determinations, etc.:* USEC, Inc., 62130-62136 E6-17726 Presidential Presidential Documents PROCLAMATIONS *Special observances:* 50th Anniversary of the Hungarian Revolution (Proc. 8072), 62055-62056 06-8854 SEC Securities and Exchange Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 62136-62137 E6-17618 Investment Company Act of 1940:

Pioneer American Income Trust, et al., 62137-62141 E6-17619 Meetings; Sunshine Act, 62141 06-8861 Self-regulatory organizations; proposed rule changes: Municipal Securities Rulemaking Board, 62141-62142 E6-17668 New York Stock Exchange LLC, 62142-62145 E6-17673 E6-17674 Philadelphia Stock Exchange, Inc.; correction, 62153 Z6-11390 SBA Small Business Administration NOTICES Disaster loan areas: Indiana, E6-17654 62145-62146 E6-17659 State State Department NOTICES Meetings: Democracy Promotion Advisory Committee, 62146 E6-17695 Overseas Security Advisory Council, 62146 E6-17694 Shipping Coordinating Committee, 62146-62147 E6-17692 E6-17693 Surface Surface Transportation Board NOTICES Rail carriers:

Railroad revenue adequacy determinations; Class I railroads; 2005 determinations, 62150 E6-17684 Railroad services abandonment: Union Pacific Railroad Co., 62150 E6-17696 Transportation Transportation Department See Federal Motor Carrier Safety Administration See Surface Transportation Board Treasury Treasury Department See Internal Revenue Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 62150-62151 E6-17677 MISSING FOR: U.S. Citizenship and Immigration Services U.S.

Citizenship and Immigration Services NOTICES Agency information collection activities; proposals, submissions, and approvals, 62118-62119 E6-17663 E6-17664 Separate Parts In This Issue Part II Commerce Department, National Oceanic and Atmospheric Administration, 62156-62196 06-8811 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 71 204 Monday, October 23, 2006 Rules and Regulations DEPARTMENT OF AGRICULTURE Food and Nutrition Service 7 CFR Part 226 RIN 0584-AD66 For-Profit Center Participation in the Child and Adult Care Food Program AGENCY:

Food and Nutrition Service, USDA. ACTION: Final rule. SUMMARY: This rule adopts without change the interim rule, published on July 27, 2005, which added a provision to the Child and Adult Care Food Program (CACFP) regulations authorizing for-profit centers providing child care or outside-school-hours care to participate based on the income eligibility of 25 percent of children in care for free or reduced price meals. This provision, which has been available nationwide through annual appropriation acts since December 2000, was permanently established by the Child Nutrition and WIC Reauthorization Act of 2004.

This rule permits the ongoing participation of for-profit centers in the CACFP based on the income eligibility of children in care for free or reduced price meals. DATES: This final rule is effective November 22, 2006. FOR FURTHER INFORMATION CONTACT: Keith Churchill or Minh Pham, Child Care and Summer Section, Policy and Program Development Branch, Child Nutrition Division, Food and Nutrition Service, USDA, 3101 Park Center Drive, Alexandria, VA 22302, phone

(703)305-2590. SUPPLEMENTARY INFORMATION: I. Background Why Was the Interim Rule Published? An interim rule on the participation of for-profit centers in the CACFP was published on July 27, 2005 (70 FR 43259). The interim rule was issued in response to Section 119(a) of the Child Nutrition and WIC Reauthorization Act of 2004 (Pub. L. 108-265), which amended section 17(a)(2)(B)(i) of the Richard B. Russell National School Lunch Act

(NSLA)(42 U.S.C. 1766(a)(2)(B)(i)) to permanently authorize for-profit centers that provide child care or outside-school-hours care to participate in the CACFP if 25 percent of the children in care are eligible for free or reduced price meals under the Program. This criterion provides an additional means by which for-profit centers may qualify for Program participation. For-profit centers in all States have been permitted to participate in the Program since December 2000, when a provision of Public Law 106-554, added Section 17(a)(2)(B)(i) to the NSLA, 42 U.S.C. 1766(a)(2)(B)(i). That time-limited provision was subsequently renewed annually until made permanent by Public Law 108-265 on June 30, 2004. Prior to December 2000, the Food and Nutrition Service

(FNS)implemented separate but similar authority in section 17(p) of the NSLA, 42 U.S.C. 1766(p), permitting for-profit centers in three States (Kentucky, Iowa, and Delaware) to participate in the Program. Section 119(a)(2) of Public Law 108-265 struck this provision. As a result of the permanent statutory provision affecting for-profit centers, these States were notified that the pilot projects were eliminated and their affected for-profit centers were incorporated into regular for-profit Program participation under section 17(a)(2)(B)(i). This authority differs from that in section 17(a)(2)(B)(ii) (42 U.S.C. 1766(a)(2)(B)(ii)), which permits for-profit centers providing child care or outside-school-hours care to participate in the CACFP if they receive compensation from the State title XX funds and if at least 25 percent of the enrolled children or the licensed capacity (whichever is less) receive benefits under title XX of the Social Security Act. This criterion was established by Public Law 101-147, which reauthorized child nutrition programs in November 1989, and is located at section 17(a)(2)(B)(ii) of the NSLA. This final rule adopts the definition of “For-profit center” in § 226.2, which was added to the CACFP regulations by the interim rule. This definition describes the eligibility criteria pertaining to for-profit centers serving children and adults. All other changes, which were made by the interim rule and are adopted by this final rule, stem from this new definition of for-profit center. These changes consist primarily of name changes in which the new term “For-profit center” is substituted for “Proprietary title XIX center” or “Proprietary title XX center”. What Comments Were Received on the Interim Rule? We did not receive any comments on the interim rule. II. Procedural Matters Executive Order 12866 This rule has been determined to be not significant and was not reviewed by the Office of Management and Budget in conformance with Executive Order 12866. Regulatory Flexibility Act This rule has been reviewed with regard to the requirements of the Regulatory Flexibility Act of 1980 (5 U.S.C. 601-612). Roberto Salazar, Administrator for the Food and Nutrition Service, has certified that this rule will not have a significant economic impact on a substantial number of small entities. This final rule implements a statutory change that permanently authorizes for-profit centers to participate in the Child and Adult Care Food Program on the basis of income eligibility of 25 percent of children in care for free or reduced price meals. This provision has been available to for-profit centers as an eligibility criterion for participation in the Program since FY 2001. Since the provision is not new, the Food and Nutrition Service estimates that the permanent designation of this eligibility criterion will not substantially increase the number of for-profit centers that may apply to participate in the Program. Unfunded Mandates Reform Act Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public Law 104-4, establishes requirements for Federal agencies to assess the effects of their regulatory actions on State, local, and tribal governments and the private sector. Under Section 202 of the UMRA, the Department generally must prepare a written statement, including a cost/benefit analysis, for proposed and final rules with “Federal mandates” that may result in expenditures to State, local, or tribal governments in the aggregate, or to the private sector, of $100 million or more in any one year. When such a statement is needed for a rule, section 205 of the UMRA generally requires the Department to identify and consider a reasonable number of regulatory alternatives and adopt the least costly, more cost-effective or least burdensome alternative that achieves the objectives of the rule. This rule contains no Federal mandates (under the regulatory provisions of Title II of the UMRA) that impose costs on State, local, or tribal governments or to the private sector of $100 million or more in any one year. This rule is, therefore, not subject to the requirements of sections 202 and 205 of the UMRA. Executive Order 12372 The Child and Adult Care Food Program is listed in the Catalog of Federal Domestic Assistance under No. 10.558. For the reasons set forth in the final rule in 7 CFR part 3015, Subpart V and related Notice published at 48 FR 29114, June 24, 1983, this program is included in the scope of Executive Order 12372, which requires intergovernmental consultation with State and local officials. Executive Order 13132 Executive Order 13132 requires Federal agencies to consider the impact of their regulatory actions on State and local governments. Where such actions have federalism implications, agencies are directed to provide a statement for inclusion in the preamble to the regulation describing the agency's considerations in terms of three categories called for under section (6)(b)(2)(B) of Executive Order 13132. FNS has considered the impact of this rule on State and local governments and has determined that this rule does not have federalism implications. This final rule does not impose substantial or direct compliance costs on State and local governments. Therefore, under Section 6(b) of the Executive Order, a federalism summary impact statement is not required. Executive Order 12988 The rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule is intended to have preemptive effect with respect to any State or local laws, regulations, or policies which conflict with its provisions or which would otherwise impede its full implementation. This rule is not intended to have retroactive effect unless so specified in the Dates paragraph of the rule. Prior to any judicial challenge to the provisions of this rule or the application of its provisions, all applicable administrative procedures must be exhausted. In the Child and Adult Food Care Program, the administrative procedures are set forth at 7 CFR 226.6(k), which establishes appeal procedures and 7 CFR 226.22 and 7 CFR parts 3016 and 3019, which address administrative appeal procedures for disputes involving procurement by State agencies and institutions. Civil Rights Impact Analysis FNS has reviewed this final rule in accordance with the Department Regulation 4300-4, “Civil Rights Impact Analysis,” to identify and address any major civil rights impacts the rule might have on minorities, women, and persons with disabilities. After a careful review of the rule's intent and provisions, FNS has determined that there is no negative effect on these groups. All data available to FNS indicate that protected individuals have the same opportunity to participate in the CACFP as non-protected individuals. Regulations at 7 CFR 226.6(f)(1) require that CACFP institutions agree to operate the Program in compliance with applicable Federal civil rights laws, including title VI of the Civil Rights Act of 1964, title IX of the Education amendments of 1972, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and the Department's regulations concerning nondiscrimination (7 CFR Part 15, 15a, and 15b). At 7 CFR 226.6(m)(1), State agencies are required to monitor CACFP institution compliance with these laws and regulations. Paperwork Reduction Act The Paperwork Reduction Act of 1995 (44 U.S.C. Chap. 35; see 5 CFR 1320) requires that the Office of Management and Budget

(OMB)approve all collections of information by a Federal agency from the public before they can be implemented. Respondents are not required to respond to any collections of information unless it displays a current valid OMB control number. The rule does not contain any information collection requirements subject to approval by OMB under the Paperwork Reduction Act of 1995. E-Government Act Compliance FNS is committed to complying with the E-Government Act, to promote the use of the Internet and other information technologies to provide increased opportunities for citizen access to Government information and services, and for other purposes. List of Subjects in 7 CFR Part 226 Accounting, Aged, Day care, Food assistance programs, Grant programs, Grant programs—health, American Indians, Individuals with disabilities, Infants and children, Intergovernmental relations, Loan programs, Reporting and recordkeeping requirements, Surplus agricultural commodities. PART 226—CHILD AND ADULT CARE FOOD PROGRAM Accordingly, the interim rule amending 7 CFR part 226, which was published at 70 FR 43259 on July 27, 2005, is adopted as a final rule without change. Dated: October 13, 2006. Roberto Salazar, Administrator, Food and Nutrition Service. [FR Doc. E6-17640 Filed 10-20-06; 8:45 am] BILLING CODE 3410-30-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [CGD01-06-051] RIN 1625-AA09 Drawbridge Operation Regulations; Saugus River, Lynn and Revere, MA AGENCY: Coast Guard, DHS. ACTION: Temporary final rule. SUMMARY: The Coast Guard has temporarily changed the drawbridge operation regulations that govern the operation of the General Edwards SR1A Bridge, mile 1.7, across the Saugus River, between Lynn and Revere, Massachusetts. This temporary final rule allows the bridge to remain in the closed position from November 1, 2006 through April 30, 2007. This action is necessary to facilitate structural maintenance at the bridge. DATES: This rule is effective from November 1, 2006 through April 30, 2007. ADDRESSES: Comments and material received from the public, as well as documents indicated in this preamble as being available in the docket, are part of docket (CGD01-06-051) and are available for inspection or copying at the First Coast Guard District, Bridge Branch Office, 408 Atlantic Avenue, Boston, Massachusetts, 02110, between 7 a.m. and 3 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Mr. John McDonald, Project Officer, First Coast Guard District,

(617)223-8364. SUPPLEMENTARY INFORMATION: Regulatory Information Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the **Federal Register** . This shortened notification period is reasonable because the bridge repairs facilitated by this temporary final rule are vital, necessary repairs that must be performed in order to assure the continued safe and reliable operation of the bridge. The time period selected to make the necessary repairs, November 1, 2006 through April 30, 2007, is the earliest time period that the work can be performed without disrupting the marine transportation system. On July 11, 2006, we published a notice of proposed rulemaking

(NPRM)entitled “Drawbridge Operation Regulations”; Saugus River, Lynn and Revere, Massachusetts, in the **Federal Register** (71 FR 39028). We received no comments in response to the notice of proposed rulemaking. No public hearing was requested and none was held. Background and Purpose The General Edwards SR1A Bridge at mile 1.7, across the Saugus River, has a vertical clearance of 27 feet at mean high water and 36 feet at mean low water. The existing regulations at 33 CFR 117.618(b) required the draw to open on signal, except that, from April 1 through November 30, midnight to 8 a.m. an eight-hour notice is required. From December 1 through March 31, an eight-hour notice is required at all times for bridge openings. The bridge owner, the Department of Conservation and Recreation (DCR), asked the Coast Guard to temporarily change the drawbridge operation regulations to allow the bridge to remain in the closed position from November 1, 2006, through April 30, 2007, to complete structural rehabilitation construction at the bridge. The bridge was closed during the same time period from November 2005 through April 2006, to perform the first phase of this rehabilitation work. Work could not be completed during the closure period in 2005-2006, necessitating a second closure period in 2006-2007. Discussion of Comments and Changes The Coast Guard received no comments in response to the notice of proposed rulemaking and as a result, no changes have been mace to this temporary final rule. Regulatory Evaluation This rule is not a “significant regulatory action” under section 3(f) of Executive Order 12866, Regulatory Planning and Review, and does not require an assessment of potential costs and benefits under section 6(a)(3), of that Order. The Office of Management and Budget has not reviewed it under that Order. This conclusion is based on the fact that the bridge rarely opens during the November through April time period. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we considered whether this rule would have a significant economic impact on a substantial number of small entities. The term “small entities” comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b), that this rule will not have a significant economic impact on a substantial number of small entities. This conclusion is based on the fact that the bridge rarely opens during the November through April time period. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small entities in understanding the rule so that they could better evaluate its effects on them and participate in the rulemaking process. No small entities requested Coast Guard assistance and none was given. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). Collection of Information This rule calls for now new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed this rule under that Order and have determined that it does not have implications for federalism. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. Taking of Private Property This rule will not effect a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. Civil Justice Reform This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. Protection of Children We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and does not concern an environmental risk to health or risk to safety that may disproportionately affect children. Indian Tribal Governments This final rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. Energy Effects We have analyzed this rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a “significant energy action” under that order because it is not a “significant regulatory action” under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211. Technical Standards The National Technology Transfer and Advancement act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. Environment We have analyzed this rule under Commandant Instruction M16475.1D and Department of Homeland Security Management Directive 5100.1, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969

(NEPA)(42 U.S.C. 4321-4370f), and have concluded that there are no factors in this case that would limit the use of a categorical exclusion under section 2.B.2 of the Instruction. Therefore, this rule is categorically excluded, under figure 2-1, paragraph (32)(e), of the Instruction, from further environmental documentation considering that it relates to the promulgation of operating regulations or procedures for drawbridges. Under figure 2-1, paragraph (32)(e), of the instruction, an “Environmental Analysis Check List” and a “Categorical Exclusion Determination” are not required for this rule. List of Subjects in 33 CFR Part 117 Bridges. For the reasons set out in the preamble, the Coast Guard amends 33 CFR part 117 as follows: PART 117—DRAWBRIDGE OPERATION REGULATIONS 1. The authority citation for part 117 continues to read as follows: Authority: 33 U.S.C. 499; 33 CFR 1.05-1(g); Department of Homeland Security Delegation No. 0170.1; section 117.255 also issued under the authority of Pub. L. 102-587, 106 Stat. 5039. 2. From November 1, 2006 through April 30, 2007, § 117.618(b) is suspended and a new paragraph

(d)is added to read as follows: § 117.618 Saugus River.

(d)The draw of the General Edwards SR1A Bridge at mile 1.7, need not open for the passage of vessel traffic from November 1, 2006 through April 30, 2007. Dated: October 13, 2006. Timothy S. Sullivan, Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District. [FR Doc. 06-8823 Filed 10-20-06; 8:45 am]

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