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