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Federal Register / Vol. 70, No.

3 / Wednesday, January 5, 2005 / Proposed Rules 773

liability for a qualified State individual Example 2. Assume the facts are the same FOR FURTHER INFORMATION CONTACT: Mr.
income tax which is treated pursuant to as in Example 1 except that for 1970 A has John W. McDonald Project Officer, First
section 6361(a) as if it were imposed by taxable income of $8,000, income tax liability Coast Guard District, (617) 223–8364.
of $1,630, and income tax withheld of
chapter 1 of the Internal Revenue Code. $1,700. Although A received a refund of $70 SUPPLEMENTARY INFORMATION:
An employee is not considered to incur due to income tax withholding of $1,700, he
liability for such a State income tax if may not state on his exemption certificate Request for Comments
the amount of such tax does not exceed that he incurred no liability for income tax
the total amount of the credit against imposed by subtitle A for 1970. We encourage you to participate in
such tax which is allowable to him this rulemaking by submitting
Mark E. Matthews, comments or related material. If you do
under section 6362(b)(2)(B) or (C) or
Deputy Commissioner for Services and so, please include your name and
section 6362(c)(4). For purposes of this
Enforcement.
section, an employee who files a joint address, identify the docket number for
return under section 6013 is considered [FR Doc. 05–71 Filed 1–4–05; 8:45 am] this rulemaking (CGD01–04–129),
to incur liability for any tax shown on BILLING CODE 4830–01–P indicate the specific section of this
such return. An employee who is document to which each comment
entitled to file a joint return under such applies, and give the reason for each
section shall not certify that he DEPARTMENT OF HOMELAND comment. Please submit all comments
anticipates that he will incur no liability SECURITY and related material in an unbound
for income tax imposed by subtitle A for Coast Guard format, no larger than 81⁄2 by 11 inches,
his current taxable year if such suitable for copying. If you would like
statement would not be true in the event 33 CFR Part 117 to know if they reached us, please
that he files a joint return for such year, enclose a stamped, self-addressed
unless he filed a separate return for his [CGD01–04–129]
postcard or envelope. We will consider
preceding taxable year and anticipates RIN 1625–AA09 all comments and material received
that he will file a separate return for his during the comment period. We may
current taxable year. Drawbridge Operation Regulations; change this proposed rule in view of
(d) For rules relating to invalid Townsend Gut, ME them.
withholding exemption certificates, see AGENCY: Coast Guard, DHS.
§ 31.3402(f)(2)–1(e), and for rules Public Meeting
ACTION: Notice of proposed rulemaking.
relating to submission to the Internal
Revenue Service of withholding SUMMARY: The Coast Guard is proposing
We do not now plan to hold a public
exemption certificates claiming a to temporarily change the drawbridge meeting. But you may submit a request
complete exemption from withholding, operation regulations for the operation for a meeting by writing to the First
see § 31.3402(f)(2)–1(g). of the SR 27 Bridge, at mile 0.7, across Coast Guard District, Bridge Branch, at
Townsend Gut, between Boothbay the address under ADDRESSES explaining
(e) Example 1. Employee A, an unmarried,
calendar-year basis taxpayer, files his income Harbor and Southport, Maine. This why one would be beneficial. If we
tax return for 1970 on April 15, 1971. A has temporary rule would require the bridge determine that one would aid this
adjusted gross income of $1,200 and is not to open at specific times between 6 a.m. rulemaking, we will hold one at a time
liable for any tax. He had $180 of income tax and 6 p.m., each day, from March 1, and place announced by a later notice
withheld during 1970. A anticipates that his in the Federal Register.
gross income for 1971 will be approximately
2005, through November 30, 2005.
the same amount, and that he will not incur Additionally, this temporary rule would Background and Purpose
income tax liability for that year. On April also allow the bridge to remain closed
20, 1971, A commences employment and for four periods of four days each The SR 27 Bridge has a vertical
furnishes his employer an exemption between March 1, 2005, and May 26, clearance of 10 feet at mean high water,
certificate stating that he incurred no liability 2005. This action is necessary to help and 19 feet at mean low water in the
for income tax imposed under subtitle A for facilitate rehabilitation construction at closed position. The existing
1970, and that he anticipates that he will
incur no liability for income tax imposed the bridge. drawbridge operating regulations under
under subtitle A for 1971. A’s employer shall DATES: Comments must reach the Coast 33 CFR 117.5 require the bridge to open
not deduct and withhold on payments of Guard on or before March 7, 2005. on signal at all times.
wages made to A on or after April 20, 1971. ADDRESSES: You may mail comments to The bridge owner, Maine Department
Under § 31.3402(f)(4)–1(c), unless A files a Commander (obr), First Coast Guard
new exemption certificate with his employer, of Transportation, has requested a
District Bridge Branch, One South temporary rule to allow the bridge to
his employer is required to deduct and
withhold upon payments of wages to A made Street, Battery Park Building, New York, open at specific times of either two or
on or after May 1, 1972. Under New York 10004, or deliver them to the three hour intervals between 6 a.m. and
§ 31.3402(f)(3)–1(b), if A had been employed same address between 7 a.m. and 3 6 p.m., from March 1, 2005, through
by his employer prior to April 20, 1971, and p.m., Monday through Friday, except, November 30, 2005. The purpose of this
had furnished his employer a withholding Federal holidays. The telephone number
exemption certificate not containing the temporary rule is to help facilitate
is (212) 668–7165. The First Coast rehabilitation construction at the bridge.
statements described in § 31.3402(n)–1 proir
to furnishing the withholding exemption
Guard District, Bridge Branch, Frequent unscheduled bridge openings
certificate containing such statements on maintains the public docket for this would greatly limit the progress of the
April 20, 1971, his employer would not be rulemaking. Comments and material rehabilitation project.
required to give effect to the new certificate received from the public, as well as
with respect to payments of wages made by documents indicated in this preamble as Under this temporary rule, effective
him prior to July 1, 1971 (the first status being available in the docket, will from March 1, 2005, through November
determiantion date which occurs at least 30 become part of this docket and will be 30, 2005, the SR 27 Bridge would
days after April 20, 1971). However his operate as follows:
employer could, if he chose, make the new available for inspection or copying at
certificate effective with respect to any the First Coast Guard District, Bridge From March 1, 2005, through May 26,
payment of wages made on or after April 20 Branch, 7 a.m. to 3 p.m., Monday 2005, and from September 6, 2005,
and before July 1, 1971. through Friday, except Federal holidays. through November 30, 2005, the draw

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774 Federal Register / Vol. 70, No. 3 / Wednesday, January 5, 2005 / Proposed Rules

would open on signal every three hours Small Entities have determined that it does not have
at 6 a.m., 9 a.m., 12 p.m., 3 p.m. and 6 Under the Regulatory Flexibility Act implications for federalism.
p.m., daily. From 6 p.m. to 6 a.m. and (5 U.S.C. 601–612), we considered Unfunded Mandates Reform Act
on holidays, the draw would open on whether this proposed rule would have
signal. a significant economic impact on a The Unfunded Mandates Reform Act
From May 27, 2005, through substantial number of small entities. of 1995 (2 U.S.C. 1531–1538) requires
September 5, 2005, the draw would The term ‘‘small entities’’ comprises Federal agencies to assess the effects of
open on signal every two hours at 6 small businesses, not-for-profit their discretionary regulatory actions. In
a.m., 8 a.m., 10 a.m., 12 p.m., 2 p.m., 4 organizations that are independently particular, the Act addresses actions
p.m., and 6 p.m., daily. From 6 p.m. owned and operated and are not that may result in the expenditure by a
through 6 a.m. and federal holidays, the dominant in their fields, and State, local, or tribal government, in the
draw would open on signal. governmental jurisdictions with aggregate, or by the private sector of
populations of less than 50,000. $100,000,000 or more in any one year.
In addition, the bridge would also be
The Coast Guard certifies under Though this proposed rule would not
allowed under this temporary rule to
section 5 U.S.C. 605(b), that this result in such an expenditure, we do
remain closed for four periods of four
proposed rule would not have a discuss the effects of this rule elsewhere
days each between March 1, 2005, and
significant economic impact on a in this preamble.
May 26, 2005. The exact dates of the
closures would be set out in the final substantial number of small entities. Taking of Private Property
rule and would be announced in the This conclusion is based on the fact
that vessel traffic will still be able to This proposed rule would not effect a
Local Notice to Mariners and the local taking of private property or otherwise
newspapers at least ten days prior to transit through the SR 27 Bridge under
a fixed opening schedule. have taking implications under E.O.
implementation. 12630, Governmental Actions and
If you think that your business,
Discussion of Proposed Rule organization, or governmental Interference with Constitutionally
jurisdiction qualifies as a small entity Protected Property Rights.
This proposed change would amend
and that this rule would have a Civil Justice Reform
33 CFR part 117 by adding a new
significant economic impact on it,
temporary section 33 CFR 117.T536 This proposed rule meets applicable
please submit a comment (see
from March 1, 2005, through November standards in sections 3(a) and 3(b)(2) of
ADDRESSES) explaining why you think it
30, 2005, that would list the temporary Executive Order 12988, Civil Justice
qualifies and how and to what degree
drawbridge operation regulations for the this rule would economically affect it. Reform, to minimize litigation,
SR 27 Bridge. eliminate ambiguity, and reduce
The bridge owner requested a Assistance for Small Entities burden.
temporary regulation to help facilitate a Under section 213(a) of the Small
Protection of Children
major rehabilitation project at the Business Regulatory Enforcement
bridge. Frequent unscheduled bridge Fairness Act of 1996 (Pub. L. 104–121), We have analyzed this proposed rule
openings would greatly limit the we want to assist small entities in under Executive Order 13045,
progress of the rehabilitation project. understanding this proposed rule so that Protection of Children from
Mariners also may transit an available they can better evaluate its effects on Environmental Health Risks and Safety
alternate route around Southport Island them and participate in the rulemaking. Risks. This rule is not an economically
during time periods the bridge is closed If the rule would affect your small significant rule and would not create an
to vessel traffic. business, organization, or governmental environmental risk to health or risk to
The Coast Guard believes this rule is jurisdiction and you have questions safety that may disproportionately affect
reasonable based upon all the above concerning its provisions or options for children.
information. compliance, please contact us in writing Indian Tribal Governments
at, Commander (obr), First Coast Guard
Regulatory Evaluation District, Bridge Branch, 408 Atlantic This proposed rule does not have
Avenue, Boston, MA. 02110–3350. The tribal implications under Executive
This proposed rule is not a Order 13175, Consultation and
‘‘significant regulatory action’’ under telephone number is (617) 223–8364.
The Coast Guard will not retaliate Coordination with Indian Tribal
section 3(f) of Executive Order 12866, Governments, because it would not have
Regulatory Planning and Review, and against small entities that question or
complain about this rule or any policy a substantial direct effect on one or
does not require an assessment of more Indian tribes, on the relationship
potential costs and benefits under or action of the Coast Guard.
between the Federal government and
6(a)(3) of that Order. The Office of Collection of Information Indian tribes, or on the distribution of
Management and Budget has not power and responsibilities between the
This proposed rule would call for no
reviewed it under that Order. It is not Federal government and Indian tribes.
new collection of information under the
‘‘significant’’ under the regulatory
Paperwork Reduction Act of 1995 (44 Energy Effects
policies and procedures of the
U.S.C. 3501–3520).
Department of Homeland Security. We have analyzed this proposed rule
We expect the economic impact of Federalism under Executive Order 13211, Actions
this proposed rule to be so minimal that A rule has implications for federalism Concerning Regulations That
a full Regulatory Evaluation, under the under Executive Order 13132, Significantly Affect Energy Supply,
regulatory policies and procedures of Federalism, if it has a substantial direct Distribution, or Use. We have
DHS, is unnecessary. effect on State or local governments and determined that it is not a ‘‘significant
This conclusion is based on the fact would either preempt State law or energy action’’ under that order because
that vessel traffic will still be able to impose a substantial direct cost of it is not a ‘‘significant regulatory action’’
transit through the SR 27 Bridge under compliance on them. We have analyzed under Executive Order 12866 and is not
a fixed opening schedule. this proposed rule under that Order and likely to have a significant adverse effect

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Federal Register / Vol. 70, No. 3 / Wednesday, January 5, 2005 / Proposed Rules 775

on the supply, distribution, or use of 2. From March 1, 2005, through Cannelton. The coordinates for
energy. The Administrator of the Office November 30, 2005, § 117.T536 is proposed Channel 275C3 at Tell City are
of Information and Regulatory Affairs temporarily added to read as follows: 37–50–52 NL and 86–36–18 WL, with a
has not designated it as a significant site restriction of 18.4 kilometers (11.4
energy action. Therefore, it does not § 117.T536 Townsend Gut. miles) southeast of Tell City.
require a Statement of Energy Effects The draw of the SR 27 Bridge, mile Since Petitioner’s reallotment
under Executive Order 13211. 0.7, across Townsend Gut shall operate proposals comply with the provisions of
as follows: section 1.420(i) of the Commission’s
Technical Standards (a) From March 1, 2005 through May rules, the Commission will not accept
The National Technology Transfer 26, 2005, and from September 6, 2005 competing expressions of interest in the
and Advancement Act (NTTAA) (15 through November 30, 2005, the draw use of Channel 289A at Cannelton,
U.S.C. 272 note) directs agencies to use shall open on signal at 6 a.m., 9 a.m., Indiana, or the use of Channel 275C3 at
voluntary consensus standards in their 12 p.m., 3 p.m., and 6 p.m., daily. From Tell City, Indiana, or require the
regulatory activities unless the agency 6 p.m. through 6 a.m., and on Federal Petitioner to demonstrate the
provides Congress, through the Office of holidays, the draw shall open on signal. availability of additional equivalent
Management and Budget, with an (b) From May 27, 2005 through class channels in those communities.
explanation of why using these September 5, 2005, the draw shall open DATES: Comments must be filed on or
standards would be inconsistent with on signal at 6 a.m., 8 a.m., 10 a.m., 12 before February 10, 2005, and reply
applicable law or otherwise impractical. p.m., 2 p.m., 4 p.m., and 6 p.m., daily. comments on or before February 25,
Voluntary consensus standards are From 6 p.m. through 6 a.m., and on 2005.
technical standards (e.g., specifications Federal holidays, the draw shall open ADDRESSES: Secretary, Federal
of materials, performance, design, or on signal. Communications Commission, 445 12th
operation; test methods; sampling (c) Between March 1, 2005 and May Street, SW., Room TW–A325,
procedures; and related management 26, 2005, the bridge may remain in the Washington, DC 20554. In addition to
systems practices) that are developed or closed position for four periods of four filing comments with the FCC,
adopted by voluntary consensus days each [dates to be inserted at final interested parties should serve the
standards bodies. rule]. petitioner’s counsel, as follows: John F.
This proposed rule does not use Dated: December 3, 2004. Garziglia, Esq. and Howard J. Barr, Esq.,
technical standards. Therefore, we did
David P. Pekoske, Womble Carlyle Sandridge & Rice,
not consider the use of voluntary
Rear Admiral, U.S. Coast Guard, Commander, PLLC; 1401 Eye Street, NW., Seventh
consensus standards.
First Coast Guard District. Floor; Washington, DC 20005.
Environment [FR Doc. 05–262 Filed 1–4–05; 8:45 am] FOR FURTHER INFORMATION CONTACT: R.
We have analyzed this proposed rule BILLING CODE 4910–15–P Barthen Gorman, Media Bureau, (202)
under Commandant Instruction 418–2180.
M16475.1D, which guides the Coast SUPPLEMENTARY INFORMATION: This is a
Guard in complying with the National FEDERAL COMMUNICATIONS synopsis of the Commission’s Notice of
Environmental Policy Act of 1969 COMMISSION Proposed Rule Making, MB Docket No.
(NEPA) (42 U.S.C. 4321–4370f), and 04–436, adopted December 15, 2004,
have concluded that there are no factors 47 CFR Part 73 and released December 20, 2004. The
in this case that would limit the use of full text of this Commission decision is
[DA 04–3877; MB Docket No. 04–436; RM–
a categorical exclusion under section 11112]
available for inspection and copying
2.B.2 of the Instruction. Therefore, this during regular business hours in the
proposed rule is categorically excluded, Radio Broadcasting Services; FCC’s Reference Information Center at
under figure 2–1, paragraph (32)(e), of Cannelton and Tell City, Indiana Portals II, 445 12th Street, SW., CY–
the Instruction, from further A257, Washington, DC 20554. This
environment documentation because it AGENCY: Federal Communications document may also be purchased from
has been determined that the Commission. the Commission’s duplicating
promulgation of operating regulations or ACTION: Proposed rule. contractors, Best Copy and Printing,
procedures for drawbridges are Inc., Portals II, 445 12th Street, SW.,
categorically excluded. SUMMARY: This document requests Room CY–B402, Washington, DC 20554,
comments on a Petition for Rule Making telephone 1–800–378–3160 or http://
List of Subjects in 33 CFR Part 117 filed by Hancock Communications, Inc. www.BCPIWEB.com.
Bridges. ‘‘(Petitioner’’), licensee of Station The provisions of the Regulatory
WLME(FM), Channel 275C3, Cannelton, Flexibility Act of 1980 do not apply to
Regulations Indiana, and Station WTCJ–FM, this proceeding.
For the reasons set out in the Channel 289A, Tell City, Indiana. Members of the public should note
preamble, the Coast Guard proposes to Petitioner requests that Channel 275C3 that from the time a Notice of Proposed
amend 33 CFR part 117 as follows: be reallotted from Cannelton to Tell City Rule Making is issued until the matter
and that Station WLME(FM)’s license be is no longer subject to Commission
PART 117—DRAWBRIDGE modified accordingly. Petitioner also consideration or court review, all ex
OPERATION REGULATIONS requests that Channel 289A be reallotted parte contacts are prohibited in
1. The authority citation for part 117 from Tell City to Cannelton, Indiana, Commission proceedings, such as this
continues to read as follows: and that Station WTCJ–FM’s license be one, which involve channel allotments.
modified accordingly. The coordinates See 47 CFR 1.1204(b) for rules
Authority: 33 U.S.C. 499; Department of
Homeland Security Delegation No. 0170.1; 33 for proposed Channel 289A at governing permissible ex parte contacts.
CFR 1.05–1(g); section 117.255 also issued Cannelton are 37–48–13 NL and 86–48– For information regarding proper
under the authority of Pub. L. 102–587, 106 57 WL, with a site restriction of 13.5 filing procedures for comments, see 47
Stat. 5039. kilometers (8.4 miles) southwest of CFR 1.415 and 1.420.

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