Drawbridge Operation Regulations; Biscayne Bay, Atlantic Intracoastal Waterway, Miami River, and Miami Beach Channel, Miami-Dade County, FL, 3366-3368 [E7-1027]
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Federal Register / Vol. 72, No. 16 / Thursday, January 25, 2007 / Rules and Regulations
Jamaica, NY 11434–4809: telephone:
(718) 553–4521.
SUPPLEMENTARY INFORMATION:
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History
On November 28, 2006 a notice
proposing to amend Part 71 of the
Federal Aviation Regulations (14 CFR
Part 71) by establishing Class E–2
airspace extending upward from the
surface to the base of the overlying
controlled airspace within a 4.5 mile
radius of the Griffiss Airfield, Rome,
NY, was published in the Federal
Register. Interested parties were invited
to participate in this rulemaking by
submitting written comments on the
Proposal to the FAA on or before
December 29, 2006. No comments to the
proposal were received. The rule is
adopted as proposed. The coordinates
for this airspace docket are based on
North American Datum 83.
The Rule
This amendment to Part 71 of the
Federal Aviation Regulations (14 CFR
part 71) provides controlled Class E–2
airspace at Griffiss AFB, Rome, NY. The
opening of a tower and for the
protection of Instrument Approaches
makes this action necessary. Controlled
airspace extending upward from the
surface to the base of the overlying
controlled airspace is needed to
accommodate the SIAPs. That airspace
would extend from the surface to the
base of the overlying controlled airspace
within a 4.5 mile radius of the Griffiss
Airfield, Rome, NY, and within 2 miles
each side of bearing 135°/315° from a
point at Lat 43°14.02′ N, Long 75°24.25′
W, extending from the 4.5 mile radius
zone, to a point 10.5 miles NW and 10.5
miles SE of the airport. The class E–2
airspace area would be effective during
the specific dates and times established
in advance by a notice to airmen. The
effective date and time would thereafter
be continuously published in the
Airport/Facility Directory. Class E–2
airspace designations for airspace areas
extending upward from the surface of
the earth are published in Paragraph
6002 of FAA Order 7400.9P, dated
September 1, 2006, and effective
September 15, 2006, which is
incorporated by reference in 14 CFR
71.1. The Class E–2 airspace designation
listed in this document would be
published subsequently in the Order.
The FAA has determined that this
proposed regulation only involves an
established body of technical
regulations for which frequent and
routine amendments are necessary to
keep them operationally current.
Therefore, this proposed regulation, (1)
is not a ‘‘significant regulatory action’’
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12:37 Jan 24, 2007
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under Executive Order 12866; (2) is not
a ‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
regulatory evaluation as the anticipated
impact is so minimal. Since this is a
routine matter that would only affect air
traffic procedures and air navigation, it
is certified that this proposed rule
would not have significant economic
impact on a substantial number of small
entities under the criteria of the
Regulatory Flexibility Act.
DEPARTMENT OF HOMELAND
SECURITY
List of Subjects in CFR Part 71
AGENCY:
Airspace, Incorporation by reference,
Navigation (air).
ACTION:
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 71 as follows:
I
PART 71—[AMENDED]
1. The authority citation for 14 CFR
part 71 continues to read as follows:
I
Authority: 49 U.S.C. 106(g), 40103, 40113,
40120; EO 10854, 24 FR 9565, 3 CFR, 1959–
1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of Federal Aviation
Administration Order 7400.9P dated
September 1, 2006, and effective
September 15, 2006, is amended as
follows:
I
Paragraph 6002 Class E–2 airspace areas
extending upward from the surface of the
earth
AEA NY (D)
Griffiss Airfield [New]
Rome, NY
(Lat. 43°14′02″ N., long. 75°24′25″ W.)
That airspace extending upward from the
surface to the base of the overlying controlled
airspace with a 4.5 mile radius of the Griffiss
Airfield, Rome, NY, and within 2 miles each
side of bearing 135°/315° from a point at Lat.
43°14.02′ N., Long. 75°24.25′ W., extending
from the 4.5 mile radius zone, to a point 10.5
miles NW. and 10.5 miles SE. of the airport.
The Class E–2 airspace area is effective
during the specific dates and times
established in advance by a notice to airmen.
The effective date and time thereafter be
continuously published in the Airport/
Facility Directory.
Issued in Jamaica, New York, on December
21, 2006.
Mark D. Ward,
Manager, System Support Group.
[FR Doc. 07–298 Filed 1–24–07; 8:45 am]
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Coast Guard
33 CFR Part 117
[CGD07–07–010]
RIN 1625–AA09 (Formerly RIN 2115–AE47)
Drawbridge Operation Regulations;
Biscayne Bay, Atlantic Intracoastal
Waterway, Miami River, and Miami
Beach Channel, Miami-Dade County,
FL
Coast Guard, DHS.
Temporary final rule.
SUMMARY: The Coast Guard is
temporarily changing the regulations
governing the operation of the east and
west spans of the Venetian Causeway
bridges across the Miami Beach Channel
on the Atlantic Intracoastal Waterway,
the Miami Avenue bridge and the
Brickell Avenue bridge across the
Miami River, Miami-Dade County. This
temporary final rule allows these
bridges to remain in the closed position
during the running of the Miami
Marathon on January 28, 2007. By doing
so, this will allow the footrace to take
place without runners being
unnecessarily delayed.
DATES: This rule is effective from 6 a.m.
until 12:25 p.m. on January 28, 2007.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket [CGD07–07–
010] and are available for inspection or
copying at Commander (dpb), Seventh
Coast Guard District, 909 SE. 1st
Avenue, Suite 432, Miami, Florida
33131–3028 between 7 a.m. and 3 p.m.,
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Mr.
Gwin Tate, Bridge Branch, (305) 415–
6747.
We did
not publish a notice of proposed
rulemaking (NPRM) for this regulation.
Under 5 U.S.C. 553(b)(B), the Coast
Guard finds that good cause exists for
not publishing an NPRM. This is the
fourth year in which this annual
footrace has taken place, and each year
it affects the same bridges in an
identical fashion. No public comments
have ever been received upon
publishing an NPRM in past years.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective in less than 30
days after publication in the Federal
Register. The event for which the rule
is necessary is scheduled to occur less
SUPPLEMENTARY INFORMATION:
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Federal Register / Vol. 72, No. 16 / Thursday, January 25, 2007 / Rules and Regulations
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than 30 days from the date of
publication. Therefore, waiting an
additional 30 days from the date of
publication to make this rule effective is
both unnecessary and impracticable.
7:35 a.m. to 8:59 a.m., 12:05 p.m. to
12:59 p.m. and 4:35 p.m. to 5:59 p.m.,
Monday through Friday except Federal
holidays, the draw need not open for the
passage of vessels.
Background and Purpose
As in previous years, the Miami
Marathon Director requested that the
Coast Guard temporarily change the
existing regulations governing the
operation of the east and west spans of
the Venetian Causeway bridges, the
Miami Avenue bridge and the Brickell
Avenue bridge to allow them to remain
in the closed position during the Miami
Marathon on January 28, 2007. Closure
times range from 6 a.m. through 12:25
p.m. Each closure is timed to match the
expected pace and location of event
participants. Each bridge will remain in
the closed position for a limited period
of time. The east and west spans of the
Venetian Causeway bridges are located
between Miami and Miami Beach. The
current regulation governing the
operation of the east span of the
Venetian Causeway is published in 33
CFR 117.269 and requires the bridge to
open on signal; except that, from
November 1 through April 30 from 7:15
a.m. to 8:45 a.m. and 4:45 p.m. to 6:15
p.m. Monday through Friday, the draw
need not be opened. However, the draw
shall open at 7:45 a.m., 8:15 a.m., 5:15
p.m., and 5:45 p.m. if any vessels are
waiting to pass. The draw shall open on
signal on Thanksgiving Day, Christmas
Day, New Year’s Day, and Washington’s
Birthday. The draw shall open at any
time for public vessels of the United
States, tugs with tows, regularly
scheduled cruise vessels and vessels in
distress.
The current regulation governing the
operation of the west span of the
Venetian Causeway, Atlantic
Intracoastal Waterway mile 1088.6, at
Miami, is published in 33 CFR 117.5
and requires the draw to open promptly
and fully for the passage of vessels
when a request to open is given.
The regulation governing the Miami
Avenue bridge, mile 0.3, at Miami, is
published in 33 CFR 117.305 (c) and
requires that the bridge open on signal;
except that, from 7:35 a.m. to 8:59 a.m.,
12:05 p.m. to 12:59 p.m. and 4:35 p.m.
to 5:59 p.m., Monday through Friday,
except Federal holidays, the draw need
not open for the passage of vessels.
The regulation governing the Brickell
Avenue bridge, mile 0.1, at Miami, is
published in 33 CFR 117.305 (d) and
requires that the bridge shall open on
signal; except that, from 7 a.m. to 7
p.m., Monday through Friday except
Federal holidays, the draw need open
only on the hour and half-hour. From
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. Based on previous years
experience with this footrace, we expect
the economic impact of this temporary
rule to be so minimal that a full
Regulatory Evaluation is unnecessary.
The short duration of time during which
the bridges will remain in the closed
position on January 28, 2007, will have
little, if any, economic impact.
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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 will affect the following
entities, some of which might be small
entities: the owners or operators of
vessels that will require passage through
these bridges during the morning hours
of January 28, 2007. These vessels will
not be able to pass through these bridges
during the effective times of this rule.
However, this rule will be in effect for
a limited amount of time on a Sunday
morning when traffic is extremely low.
No public comments were received
regarding previous years’ races.
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
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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 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
would not create an environmental risk
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Federal Register / Vol. 72, No. 16 / Thursday, January 25, 2007 / Rules and Regulations
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.
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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.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
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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); section 117.255 also issued
under the authority of Pub. L. 102–587, 106
Stat. 5039.
2. In Sec. 117.269, from 6 a.m. to 8:55
a.m. on January 28, 2007, temporarily
designate the existing regulatory text as
paragraph (a); suspend paragraph (a);
and add a new paragraph (b) to read as
follows:
I
§ 117.269
Biscayne Bay.
*
*
*
*
*
(b) The draw of the east span of the
Venetian Causeway bridge across the
Miami Beach Channel need not open
from 6 a.m. to 8:55 a.m. on January 28,
2007. Public vessels of the United States
and vessels in distress shall be passed
at any time.
I 3. In § 117.261, from 6:10 a.m. until
9:30 a.m. on January 28, 2007,
temporarily suspend paragraph (nn),
and add a new paragraph (oo) to read as
follows:
§ 117.261 Atlantic Intracoastal Waterway
from St. Marys River to Key Largo.
*
*
*
*
*
(oo) The draw of the west span of the
Venetian Causeway bridge, mile 1088.6
at Miami need not open from 6:10 a.m.
until 9:30 a.m. on January 28, 2007.
Public vessels of the United States and
vessels in distress shall be passed at any
time.
I 4. In § 117.305, from 6:25 a.m. until
10:15 a.m. on January 28, 2007,
paragraphs (c) and (d) are suspended
and new paragraphs (e) and (f) are
added to read as follows:
§ 117.305
Miami River.
*
*
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*
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*
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*
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(e) The draws of the Miami Avenue
bridge, mile 0.3, and the S.W. Second
Avenue Bridge, mile 0.5, at Miami, shall
open on signal; except that, from 6:25
a.m. to 10:15 a.m. on January 28, 2007,
the draw of the Miami Avenue bridge
need not open for the passage of vessels.
Public vessels of the United States and
vessels in distress shall be passed at any
time.
(f) The draw of the Brickell Avenue
bridge across the Miami River, mile 0.1,
at Miami, need not open from 7:10 a.m.
to 12:25 p.m. on January 28, 2007.
Public vessels of the United States and
vessels in distress shall be passed at any
time.
Dated: January 18, 2007.
D.W. Kunkel,
RADM, U. S. Coast Guard, Commander,
Seventh Coast Guard District.
[FR Doc. E7–1027 Filed 1–24–07; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[CGD07–06–158]
RIN 1625–AA09
Drawbridge Operation Regulations;
Stickney Point (SR 72) Bridge, Gulf
Intracoastal Waterway, Mile 68.6,
Sarasota, FL
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is changing
the operating regulation governing the
operation of the Stickney Point (SR 72)
Bridge across the Gulf Intracoastal
Waterway, mile 68.6, Sarasota, Florida.
The rule will require the drawbridge to
open on the hour, twenty minutes past
the hour and forty minutes past the
hour.
DATES: This rule is effective February
26, 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.
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]]>Agencies
[Federal Register Volume 72, Number 16 (Thursday, January 25, 2007)]
[Rules and Regulations]
[Pages 3366-3368]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-1027]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD07-07-010]
RIN 1625-AA09 (Formerly RIN 2115-AE47)
Drawbridge Operation Regulations; Biscayne Bay, Atlantic
Intracoastal Waterway, Miami River, and Miami Beach Channel, Miami-Dade
County, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is temporarily changing the regulations
governing the operation of the east and west spans of the Venetian
Causeway bridges across the Miami Beach Channel on the Atlantic
Intracoastal Waterway, the Miami Avenue bridge and the Brickell Avenue
bridge across the Miami River, Miami-Dade County. This temporary final
rule allows these bridges to remain in the closed position during the
running of the Miami Marathon on January 28, 2007. By doing so, this
will allow the footrace to take place without runners being
unnecessarily delayed.
DATES: This rule is effective from 6 a.m. until 12:25 p.m. on January
28, 2007.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket [CGD07-07-010] and are available for
inspection or copying at Commander (dpb), Seventh Coast Guard District,
909 SE. 1st Avenue, Suite 432, Miami, Florida 33131-3028 between 7 a.m.
and 3 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr. Gwin Tate, Bridge Branch, (305)
415-6747.
SUPPLEMENTARY INFORMATION: We did not publish a notice of proposed
rulemaking (NPRM) for this regulation. Under 5 U.S.C. 553(b)(B), the
Coast Guard finds that good cause exists for not publishing an NPRM.
This is the fourth year in which this annual footrace has taken place,
and each year it affects the same bridges in an identical fashion. No
public comments have ever been received upon publishing an NPRM in past
years.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective in less than 30 days after
publication in the Federal Register. The event for which the rule is
necessary is scheduled to occur less
[[Page 3367]]
than 30 days from the date of publication. Therefore, waiting an
additional 30 days from the date of publication to make this rule
effective is both unnecessary and impracticable.
Background and Purpose
As in previous years, the Miami Marathon Director requested that
the Coast Guard temporarily change the existing regulations governing
the operation of the east and west spans of the Venetian Causeway
bridges, the Miami Avenue bridge and the Brickell Avenue bridge to
allow them to remain in the closed position during the Miami Marathon
on January 28, 2007. Closure times range from 6 a.m. through 12:25 p.m.
Each closure is timed to match the expected pace and location of event
participants. Each bridge will remain in the closed position for a
limited period of time. The east and west spans of the Venetian
Causeway bridges are located between Miami and Miami Beach. The current
regulation governing the operation of the east span of the Venetian
Causeway is published in 33 CFR 117.269 and requires the bridge to open
on signal; except that, from November 1 through April 30 from 7:15 a.m.
to 8:45 a.m. and 4:45 p.m. to 6:15 p.m. Monday through Friday, the draw
need not be opened. However, the draw shall open at 7:45 a.m., 8:15
a.m., 5:15 p.m., and 5:45 p.m. if any vessels are waiting to pass. The
draw shall open on signal on Thanksgiving Day, Christmas Day, New
Year's Day, and Washington's Birthday. The draw shall open at any time
for public vessels of the United States, tugs with tows, regularly
scheduled cruise vessels and vessels in distress.
The current regulation governing the operation of the west span of
the Venetian Causeway, Atlantic Intracoastal Waterway mile 1088.6, at
Miami, is published in 33 CFR 117.5 and requires the draw to open
promptly and fully for the passage of vessels when a request to open is
given.
The regulation governing the Miami Avenue bridge, mile 0.3, at
Miami, is published in 33 CFR 117.305 (c) and requires that the bridge
open on signal; except that, from 7:35 a.m. to 8:59 a.m., 12:05 p.m. to
12:59 p.m. and 4:35 p.m. to 5:59 p.m., Monday through Friday, except
Federal holidays, the draw need not open for the passage of vessels.
The regulation governing the Brickell Avenue bridge, mile 0.1, at
Miami, is published in 33 CFR 117.305 (d) and requires that the bridge
shall open on signal; except that, from 7 a.m. to 7 p.m., Monday
through Friday except Federal holidays, the draw need open only on the
hour and half-hour. From 7:35 a.m. to 8:59 a.m., 12:05 p.m. to 12:59
p.m. and 4:35 p.m. to 5:59 p.m., Monday through Friday except Federal
holidays, the draw need not open for the passage of vessels.
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. Based on previous years experience with
this footrace, we expect the economic impact of this temporary rule to
be so minimal that a full Regulatory Evaluation is unnecessary. The
short duration of time during which the bridges will remain in the
closed position on January 28, 2007, will have little, if any, economic
impact.
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 will affect the following entities, some of which
might be small entities: the owners or operators of vessels that will
require passage through these bridges during the morning hours of
January 28, 2007. These vessels will not be able to pass through these
bridges during the effective times of this rule. However, this rule
will be in effect for a limited amount of time on a Sunday morning when
traffic is extremely low. No public comments were received regarding
previous years' races.
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 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 would not create an
environmental risk
[[Page 3368]]
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 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); section 117.255 also issued
under the authority of Pub. L. 102-587, 106 Stat. 5039.
0
2. In Sec. 117.269, from 6 a.m. to 8:55 a.m. on January 28, 2007,
temporarily designate the existing regulatory text as paragraph (a);
suspend paragraph (a); and add a new paragraph (b) to read as follows:
Sec. 117.269 Biscayne Bay.
* * * * *
(b) The draw of the east span of the Venetian Causeway bridge
across the Miami Beach Channel need not open from 6 a.m. to 8:55 a.m.
on January 28, 2007. Public vessels of the United States and vessels in
distress shall be passed at any time.
0
3. In Sec. 117.261, from 6:10 a.m. until 9:30 a.m. on January 28,
2007, temporarily suspend paragraph (nn), and add a new paragraph (oo)
to read as follows:
Sec. 117.261 Atlantic Intracoastal Waterway from St. Marys River to
Key Largo.
* * * * *
(oo) The draw of the west span of the Venetian Causeway bridge,
mile 1088.6 at Miami need not open from 6:10 a.m. until 9:30 a.m. on
January 28, 2007. Public vessels of the United States and vessels in
distress shall be passed at any time.
0
4. In Sec. 117.305, from 6:25 a.m. until 10:15 a.m. on January 28,
2007, paragraphs (c) and (d) are suspended and new paragraphs (e) and
(f) are added to read as follows:
Sec. 117.305 Miami River.
* * * * *
(e) The draws of the Miami Avenue bridge, mile 0.3, and the S.W.
Second Avenue Bridge, mile 0.5, at Miami, shall open on signal; except
that, from 6:25 a.m. to 10:15 a.m. on January 28, 2007, the draw of the
Miami Avenue bridge need not open for the passage of vessels. Public
vessels of the United States and vessels in distress shall be passed at
any time.
(f) The draw of the Brickell Avenue bridge across the Miami River,
mile 0.1, at Miami, need not open from 7:10 a.m. to 12:25 p.m. on
January 28, 2007. Public vessels of the United States and vessels in
distress shall be passed at any time.
Dated: January 18, 2007.
D.W. Kunkel,
RADM, U. S. Coast Guard, Commander, Seventh Coast Guard District.
[FR Doc. E7-1027 Filed 1-24-07; 8:45 am]
BILLING CODE 4910-15-P
