Drawbridge Operation Regulations; Southern Boulevard (SR 700/80) Bridge, Atlantic Intracoastal Waterway, Mile 1024.7, Palm Beach, FL, 466-468 [E6-22555]

Download as PDF 466 Federal Register / Vol. 72, No. 3 / Friday, January 5, 2007 / Rules and Regulations responsibilities between the Federal Government and Indian tribes. PART 110—ANCHORAGE REGULATIONS 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 cprice-sewell on PROD1PC66 with RULES We have considered the environmental impact of this rule and concluded that, under figure 2–1, paragraph 34(f), of Commandant Instruction M16475.1D, this rule is categorically excluded from further environmental documentation. A final ‘‘Categorical Exclusion Determination’’ and a final ‘‘Environmental Analysis Check List’’ are available in the docket for inspection or copying where indicated under ADDRESSES. This rule fits the category selected from paragraph (34)(f) as it would establish two special anchorage areas. List of Subjects in 33 CFR Part 110 Anchorage grounds. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 110 as follows: I VerDate Aug<31>2005 14:22 Jan 04, 2007 Jkt 211001 DEPARTMENT OF HOMELAND SECURITY 1. The authority citation for part 110 continues to read as follows: Coast Guard I Authority: 33 U.S.C. 471; 1221 through 1236, 2030, 2035, 2071; 33 CFR 1.05–1(g); and Department of Homeland Security Delegation No. 0170. 2. Amend § 110.4 by adding paragraph (b) to read as follows: I § 110.4 Penobscot Bay, Maine. * * * * * (b) Camden Harbor, Sherman Cove and adjacent waters. (1) Anchorage A. All of the waters enclosed by a line beginning at Eaton Point at latitude 44°12′31″ N, longitude 069°03′34″ W; thence to latitude 44°12′28″ N, longitude 069°03′33″ W; thence to latitude 44°12′32″ N, longitude 069°02′49″ W; thence along the shoreline to the point of beginning. DATUM: NAD83 (2) Anchorage B. All of the waters enclosed by a line beginning at Dillingham Point at latitude 44°12′12″ N, longitude 069°03′20″ W.; thence to latitude 44°12′14″ N, longitude 069°02′58″ W.; thence to latitude 44°12′19″ N, longitude 069°03′08″ W; thence to latitude 44°12′28″ N, longitude 069°03′13″ W; thence to latitude 44°12′26″ N, longitude 069°03′39″ W; thence along the shoreline to the point of beginning. DATUM: NAD83 Note to paragraph (b): Anchorages A and B are special anchorage areas reserved for yachts and other recreational craft. Fore and aft moorings will be allowed in this area. Temporary floats or buoys for marking anchors or moorings in place will be allowed. Fixed mooring piles or stakes are prohibited. All moorings must be so placed that no vessel when anchored is at any time extended into the thoroughfare. This is to ensure that a distance of approximately 150 feet is left between Anchorages A and B for vessels entering or departing from Camden Harbor. All anchoring in the area is under the supervision of the local harbor master or such other authority as may be designated by the authorities of the Town of Camden, Maine. Dated: December 15, 2006. Timothy S. Sullivan, Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District. [FR Doc. E6–22613 Filed 1–4–07; 8:45 am] BILLING CODE 4910–15–P PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 33 CFR Part 117 [CGD07–06–130] RIN 1625–AA09 Drawbridge Operation Regulations; Southern Boulevard (SR 700/80) Bridge, Atlantic Intracoastal Waterway, Mile 1024.7, Palm Beach, FL Coast Guard, DHS. Final rule. AGENCY: ACTION: SUMMARY: The Coast Guard is changing the operating regulation governing the operation of the Southern Boulevard (SR 700/80) Bridge across the Atlantic Intracoastal Waterway, mile 1024.7, Palm Beach, Florida. The rule will require the drawbridge to open twice an hour. The schedule is based on requests from vessel operators along the Atlantic Intracoastal Waterway. The schedule will require the bridge to open on the quarter and three quarter hour and would meet the reasonable needs of navigation while not impacting vehicular traffic. DATES: This rule is effective February 5, 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 (CGD07–06–130) and are available for inspection or copying at Commander (dpb), Seventh Coast Guard District, 909 SE. 1st Avenue, Room 432, Miami, Florida 33131–3050 between 8 a.m. and 4:30 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Mr. Barry Dragon, Seventh Coast Guard District, Bridge Branch, telephone number 305–415–6743. SUPPLEMENTARY INFORMATION: Regulatory Information On August 30, 2006, we published a notice of proposed rulemaking (NPRM) entitled ‘‘Drawbridge Operation Regulations; Southern Boulevard (SR 700/80) Bridge, Atlantic Intracoastal Waterway, mile 1024.7, Palm Beach, FL’’ in the Federal Register (71 FR 51540). We received no comments on the proposed rule. No public meeting was requested, and none was held. Background and Purpose The current regulation governing the operation of the Southern Boulevard Bridge is published in 33 CFR E:\FR\FM\05JAR1.SGM 05JAR1 Federal Register / Vol. 72, No. 3 / Friday, January 5, 2007 / Rules and Regulations 117.261(w) and states the draw shall open on the hour and half-hour. In 2005, the Coast Guard changed the regulations on most of the bridges in Palm Beach County to facilitate increased vehicular traffic while meeting the reasonable needs of navigation. Recently waterway users have requested that the Southern Boulevard (SR 700/80) Bridge regulation be changed from opening on the hour and half-hour to opening on the quarter and three-quarter hour in order to improve vessel transit sequencing on the Atlantic Intracoastal Waterway through Palm Beach County. This schedule will improve transit times for vessels while not impairing vehicular traffic. Discussion of Comments and Changes The Coast Guard received no responses to the Notice of Proposed Rulemaking. The rule will improve staggered bridge openings and allow vessels traveling at five knots to significantly reduce wait times to pass through the Southern Boulevard (SR 700/80) Drawbridge. The schedule will have the Southern Boulevard (SR700/ 80) Bridge opening on the quarter and three-quarter hour. cprice-sewell on PROD1PC66 with RULES 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. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601–612), we have 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 of 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 rule would affect the following entities, some of which may be small entities: The owners or operators of vessels needing to transit the Intracoastal Waterway in the vicinity of the Broward County bridges. The rule would not have a significant economic impact on a substantial number of small VerDate Aug<31>2005 14:22 Jan 04, 2007 Jkt 211001 467 entities because the rule provides timed openings for vehicular traffic and continues to provide twice an hour sequenced openings for vessel traffic. taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. 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. 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). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. 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. Collection of Information This rule calls for no 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 affect a taking of private property or otherwise have PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 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 would not create an environmental risk to health or risk to safety that might disproportionately affect children. Indian Tribal Governments This rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a 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 E:\FR\FM\05JAR1.SGM 05JAR1 468 Federal Register / Vol. 72, No. 3 / Friday, January 5, 2007 / Rules and Regulations 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. POSTAL SERVICE Environment SUMMARY: The Postal ServiceTM has simplified the standards for polywrap film on automation-rate flat-size mailpieces, so that customers only have to meet one set of standards instead of the previous two. DATES: Effective Dates: February 4, 2007, for manufacturers; March 4, 2007, for mailers. We have analyzed this rule under Commandant Instruction M16475.lD, and Department of Homeland Security Management Directive 5100.1, which guides 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. 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 discussed in the preamble, the Coast Guard amends 33 CFR part 117 as follows: I PART 117—DRAWBRIDGE OPERATION REGULATIONS 1. The authority citation for part 117 continues to read as follows: I Authority: 33 U.S.C. 499; Department of Homeland Security Delegation No. 0170.1; 33 CFR 1.05–1(g); § 117.255 also issued under the authority of Pub. L. 102–587, 106 Stat. 5039. 2. Amend § 117.261 by revising paragraph (w) to read as follows: I § 117.261 Atlantic Intracoastal Waterway from St. Marys River to Key Largo. * * * * (w) Southern Boulevard (SR 700/80) bridge, mile 1024.7 at Palm Beach. The draw shall open on the quarter and three-quarter hour. * * * * * cprice-sewell on PROD1PC66 with RULES * Dated: December 17, 2006. D.W. Kunkel, Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard District. [FR Doc. E6–22555 Filed 1–4–07; 8:45 am] BILLING CODE 4910–15–P VerDate Aug<31>2005 14:22 Jan 04, 2007 Jkt 211001 39 CFR Part 111 New Polywrap Standards for Automation-Rate Flat-Size Mail Postal Service. Final rule. AGENCY: ACTION: Bill Chatfield, Mailing Standards, U.S. Postal Service, 475 L’Enfant Plaza SW., RM 3436, Washington, DC 20260–3436; 202–268–7278. SUPPLEMENTARY INFORMATION: Postal Service automated flat sorting machines (AFSM 100s) process the majority of non-carrier route flat-size mail. To improve our ability to process polywrapped pieces on our primary flatmail processing equipment, we published a proposed rule in the Federal Register on August 22, 2006 (71 FR 48868), regarding polywrap used on automation-rate flat-size mailpieces. Our proposed rule included the following changes: • We removed two characteristics, tensile strength and density, because they were irrelevant to performance. • We removed the ‘‘USPS AFSM 100 Approved Polywrap’’ endorsement requirement. • We modified the testing protocol to measure the minimum film-to-metal coefficient of friction. • We increased the allowable film-tofilm coefficient of friction to be more compatible with mailer bindery operations. • We changed the method to measure blocking to more closely match the environment that mailpieces undergo during normal transportation and storage. The new standards eliminate the difference in polywrap specifications for mailpieces designed for processing on the AFSM 100 and the upgraded flat sorting machine (UFSM) 1000. FOR FURTHER INFORMATION CONTACT: Comments Received We received comments and questions on the proposed rule from two customers. One customer suggested that we allow successful testing of the thinnest gauge of a specific polywrap film to suffice for certification of all PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 thicknesses of the same film. We made that change in the final standards. Another customer raised several questions. One question pertained to how the Postal Service would process UFSM 1000 pieces in the future. Pieces with polywrap meeting either the old specifications or the new specifications may be processed on a UFSM 1000 machine. Another question was about how the changes would impact the standard that requires a ‘‘Periodicals’’ endorsement for mailpieces with a wrapper. This rule does not change any standards for Periodicals, but, as information, the ‘‘Periodicals’’ endorsement may be placed on either the mailpiece contents or the polywrap. Another question was about polywrap film meeting all of the new specifications except haze when the address information is on the outside of the film. Such a film will remain eligible as it is under current standards. A customer commented about the testing specification, USPS–T–3204, Test Procedures for Automatable Polywrap Films, listed on our Rapid Information Bulletin Board System (RIBBS). The specification indicated that the tests were required for polywrap film used on AFSM 100qualifying pieces, whereas the proposed rule stated that the new standards would apply for polywrap used on all automation-rate flats. We revised the testing specification to indicate that the new specifications apply to polywrap used on all automation-rate flats. The customer also questioned if the supplementary testing indicated in the specification would be required in addition to the American Society for Testing and Materials (ASTM) tests. As noted in the testing specification, some of the testing methods required are necessary supplements to each other. New Test Procedures To ensure that all manufacturers use the same criteria in meeting the new specifications, we developed USPS–T– 3204, Test Procedures for Automatable Polywrap Films. Manufacturers may obtain the new test procedures at http://ribbs.usps.gov (click on ‘‘Polywrap Manufacturers’’ in the left frame) or by contacting the Postal Service’s Engineering office at: Engineering, Flat Mail Technology, U.S. Postal Service, 8403 Lee Hwy, Merrifield VA 22082–8101. The specification describes exact test procedures and acceptable values for polywrap film characteristics. If the manufacturer lacks the facilities or experience to conduct each of the test procedures in USPS–T–3204, the specification also provides a list of E:\FR\FM\05JAR1.SGM 05JAR1

Agencies

[Federal Register Volume 72, Number 3 (Friday, January 5, 2007)]
[Rules and Regulations]
[Pages 466-468]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-22555]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD07-06-130]
RIN 1625-AA09


Drawbridge Operation Regulations; Southern Boulevard (SR 700/80) 
Bridge, Atlantic Intracoastal Waterway, Mile 1024.7, Palm Beach, FL

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is changing the operating regulation governing 
the operation of the Southern Boulevard (SR 700/80) Bridge across the 
Atlantic Intracoastal Waterway, mile 1024.7, Palm Beach, Florida. The 
rule will require the drawbridge to open twice an hour. The schedule is 
based on requests from vessel operators along the Atlantic Intracoastal 
Waterway. The schedule will require the bridge to open on the quarter 
and three quarter hour and would meet the reasonable needs of 
navigation while not impacting vehicular traffic.

DATES: This rule is effective February 5, 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 (CGD07-06-130) and are available for inspection or 
copying at Commander (dpb), Seventh Coast Guard District, 909 SE. 1st 
Avenue, Room 432, Miami, Florida 33131-3050 between 8 a.m. and 4:30 
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. Barry Dragon, Seventh Coast Guard 
District, Bridge Branch, telephone number 305-415-6743.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On August 30, 2006, we published a notice of proposed rulemaking 
(NPRM) entitled ``Drawbridge Operation Regulations; Southern Boulevard 
(SR 700/80) Bridge, Atlantic Intracoastal Waterway, mile 1024.7, Palm 
Beach, FL'' in the Federal Register (71 FR 51540). We received no 
comments on the proposed rule. No public meeting was requested, and 
none was held.

Background and Purpose

    The current regulation governing the operation of the Southern 
Boulevard Bridge is published in 33 CFR

[[Page 467]]

117.261(w) and states the draw shall open on the hour and half-hour.
    In 2005, the Coast Guard changed the regulations on most of the 
bridges in Palm Beach County to facilitate increased vehicular traffic 
while meeting the reasonable needs of navigation. Recently waterway 
users have requested that the Southern Boulevard (SR 700/80) Bridge 
regulation be changed from opening on the hour and half-hour to opening 
on the quarter and three-quarter hour in order to improve vessel 
transit sequencing on the Atlantic Intracoastal Waterway through Palm 
Beach County. This schedule will improve transit times for vessels 
while not impairing vehicular traffic.

Discussion of Comments and Changes

    The Coast Guard received no responses to the Notice of Proposed 
Rulemaking. The rule will improve staggered bridge openings and allow 
vessels traveling at five knots to significantly reduce wait times to 
pass through the Southern Boulevard (SR 700/80) Drawbridge. The 
schedule will have the Southern Boulevard (SR700/80) Bridge opening on 
the quarter and three-quarter hour.

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.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
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 of 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 rule would affect the following entities, some of which may be 
small entities: The owners or operators of vessels needing to transit 
the Intracoastal Waterway in the vicinity of the Broward County 
bridges. The rule would not have a significant economic impact on a 
substantial number of small entities because the rule provides timed 
openings for vehicular traffic and continues to provide twice an hour 
sequenced openings for vessel traffic.

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.
    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). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

Collection of Information

    This rule calls for no 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 affect 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 would not create an 
environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a 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

[[Page 468]]

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.lD, 
and Department of Homeland Security Management Directive 5100.1, which 
guides 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. 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.

0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
1. The authority citation for part 117 continues to read as follows:

    Authority: 33 U.S.C. 499; Department of Homeland Security 
Delegation No. 0170.1; 33 CFR 1.05-1(g); Sec.  117.255 also issued 
under the authority of Pub. L. 102-587, 106 Stat. 5039.


0
2. Amend Sec.  117.261 by revising paragraph (w) to read as follows:


Sec.  117.261  Atlantic Intracoastal Waterway from St. Marys River to 
Key Largo.

* * * * *
    (w) Southern Boulevard (SR 700/80) bridge, mile 1024.7 at Palm 
Beach. The draw shall open on the quarter and three-quarter hour.
* * * * *

    Dated: December 17, 2006.
D.W. Kunkel,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. E6-22555 Filed 1-4-07; 8:45 am]
BILLING CODE 4910-15-P