Drawbridge Operation Regulation; Mississippi River, Dubuque, IA, 4961-4963 [E7-1615]
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Federal Register / Vol. 72, No. 22 / Friday, February 2, 2007 / Rules and Regulations
4961
Note to § 500.586: The exportation and
reexportation of items may be subject to
license application requirements under
regulations administered by other federal
agencies (see e.g., the Export Administration
Regulations administered by the Department
of Commerce). It should also be noted that
the shipment of strategic goods from a foreign
country to North Korea by persons subject to
the jurisdiction of the United States remains
prohibited by 31 CFR part 505. The
application requirements for a specific
license relating to such goods are found in 31
CFR 501.801.
Mr.
Paperwork Reduction Act
The collections of information related
to the FACR are contained in 31 CFR
part 501 (the ‘‘Reporting, Procedures
and Penalties Regulations’’). Pursuant to
the Paperwork Reduction Act of 1995
(44 U.S.C. 3507), those collections of
information have been approved by the
Office of Management and Budget under
control number 1505–0164. An agency
may not conduct or sponsor, and a
person is not required to respond to, a
collection of information unless the
collection of information displays a
valid control number.
List of Subjects in 31 CFR Part 500
Administrative practice and
procedure, Banks, Banking, Brokers,
Foreign Trade, Investments, Loans,
Securities, North Korea.
I For the reasons set forth in the
preamble, the Office of Foreign Assets
Control amends 31 CFR part 500 as
follows:
BILLING CODE 4811–42–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
PART 500—FOREIGN ASSETS
CONTROL REGULATIONS
[CGD08–06–037]
1. The authority citation for part 500
continues to read as follows:
I
RIN 1625–AA09
Authority: 18 U.S.C. 2332d; 31 U.S.C.
321(b); 50 U.S.C. App. 1–44; Pub. L. 101–410,
104 Stat. 890 (28 U.S.C. 2461 note); E.O.
9193, 7 FR 5205, 3 CFR, 1938–1943 Comp.,
p. 1174; E.O. 9989, 13 FR 4891, 3 CFR, 1943–
1948 Comp., p. 748.
Subpart E—Licenses, Authorizations,
and Statements of Licensing Policy
2. Amend § 500.586 by revising
paragraph (b)(5) of § 500.586, removing
the note to paragraph (b) of § 500.586,
and adding a new note to § 500.586 to
read as follows:
I
§ 500.586 Authorization of new
transactions concerning certain North
Korean property.
ycherry on PROD1PC64 with RULES
*
*
*
*
*
(b) * * *
(5)(i) Effective May 8, 2006, United
States persons are prohibited from
owning, leasing, operating, or insuring
any vessel flagged by North Korea.
(ii) Effective February 2, 2007, United
States persons are prohibited from
registering vessels in North Korea, or
from otherwise obtaining authorization
for a vessel to fly the North Korean flag.
(iii) For purposes of this section, the
term United States person means any
United States citizen, permanent
resident alien, entity organized under
the laws of the United States or any
jurisdiction within the United States
(including foreign branches), or any
person in the United States.
VerDate Aug<31>2005
14:10 Feb 01, 2007
Jkt 211001
Dated: January 9, 2007.
Adam J. Szubin,
Director, Office of Foreign Assets Control.
[FR Doc. E7–1702 Filed 2–1–07; 8:45 am]
Drawbridge Operation Regulation;
Mississippi River, Dubuque, IA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is changing
the drawbridge operations for the
Illinois Central Railroad Drawbridge
across the Upper Mississippi River at
Mile 579.9, at Dubuque, Iowa. Under the
rule, the drawbridge shall open on
signal if at least 24 hours advance notice
is given from 12:01 a.m., on February 2,
2007 until 8 a.m., on March 15, 2007.
This rule allows time for making
upgrades to critical mechanical
components and perform scheduled
annual maintenance/repairs to the
bridge and pier protection.
DATES: The rule is effective from 12:01
a.m., on February 2, 2007 until 8 a.m.,
on March 15, 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 [CGD08–06–037] and are
available for inspection or copying at
room 2.107f in the Robert A. Young
Federal Building at Eighth Coast Guard
District, between 8 a.m. and 4 p.m.,
Monday through Friday, except Federal
holidays. Commander (dwb), Eighth
Coast Guard District, Bridge Branch
maintains the public docket for this
rulemaking.
PO 00000
Frm 00019
Fmt 4700
Sfmt 4700
FOR FURTHER INFORMATION CONTACT:
Roger K. Wiebusch, Bridge
Administrator, (314) 269–2378.
SUPPLEMENTARY INFORMATION:
Regulatory Information
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. Winter conditions on the
Upper Mississippi River coupled with
the closure of Lock and Dam 11, Mile
583.0, Upper Mississippi River, at
Dubuque, Iowa from January 2, 2007
until February 28, 2007 preclude any
significant navigation demands for the
drawspan opening thereby making a 30day delay during that period
unnecessary, and a delayed effective
date would be contrary to the public
interest in prompt completion of the
bridge’s repairs and maintenance work.
On November 16, 2006, we published
a notice of proposed rulemaking
(NPRM) entitled Drawbridge Operation
Regulation; Mississippi River, Iowa and
Illinois in the Federal Register (71 FR
66711). We received no comment letters
on the proposed rule. No public hearing
was requested, and none was held.
Background and Purpose
On September 12, 2006, the Chicago,
Central & Pacific Railroad requested a
temporary change to the operation of the
Illinois Central Railroad Drawbridge,
across the Upper Mississippi River, Mile
579.9, at Dubuque, Iowa to open on
signal if at least 24 hours advance notice
is given to facilitate critical bridge repair
and annual maintenance.
The Illinois Central Railroad
Drawbridge navigation span has a
vertical clearance of 19.9 feet above
normal pool in the closed to navigation
position. Navigation on the waterway
consists primarily of commercial tows
and recreational watercraft and will not
be significantly impacted due to the
reduced navigation in winter months.
Presently, the draw opens on signal for
passage of river traffic. The Chicago,
Central & Pacific Railroad requested the
drawbridge be permitted to remain
closed-to-navigation from 12:01 a.m.,
February 2, 2007 until 8 a.m., March 15,
2007 unless 24 hours advance notice is
given of the need to open. The Illinois
Central Railroad Drawbridge, Mile
579.9, Upper Mississippi River, is
located just downstream from Lock and
Dam 11. Performing maintenance on the
bridge and pier protection during the
winter, when the number of vessels
likely to be impacted is minimal, is
preferred to the bridge closure or
advance notification requirements
during the navigation season. This
E:\FR\FM\02FER1.SGM
02FER1
4962
Federal Register / Vol. 72, No. 22 / Friday, February 2, 2007 / Rules and Regulations
temporary change to the drawbridge’s
operation has been coordinated with the
commercial waterway operators.
Discussion of Comments and Changes
The Coast Guard received no
comment letters. No changes have been
made to this temporary final rule.
Regulatory Evaluation
This rule is not a ‘‘significant
regulatory action’’ under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order. It is not ‘‘significant’’ under the
regulatory policies and procedures of
the Department of Homeland Security
(DHS).
The Coast Guard expects this
temporary change to the operation of the
Illinois Central Railroad Drawbridge to
have a minimal economic impact on
commercial traffic operating on the
Upper Mississippi River such that a full
regulatory evaluation under the
regulatory policies and procedures of
DHS is unnecessary. This temporary
change has been written in such a
manner as to allow for minimal
interruption of the drawbridge’s regular
operation, since the change is only in
effect during the winter months while
commercial traffic is greatly reduced.
ycherry on PROD1PC64 with RULES
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 would not
have a significant economic impact on
a substantial number of small entities.
The rule will have a negligible impact
on vessel traffic. The primary users of
the Upper Mississippi River in
Dubuque, Iowa are commercial towboat
operators. With the onset of winter
conditions, most activity on the Upper
Mississippi River is curtailed and there
are few, if any, significant navigation
demands for opening the drawspan. The
Coast Guard expects the impact of this
action to be minimal.
VerDate Aug<31>2005
14:10 Feb 01, 2007
Jkt 211001
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 this rule so that they
could better evaluate its effects on them
and participate in the rulemaking. 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–
800–REG–FAIR (1–800–734–3247).
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
PO 00000
Frm 00020
Fmt 4700
Sfmt 4700
minimize litigation, eliminate
ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
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 would 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.
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02FER1
Federal Register / Vol. 72, No. 22 / Friday, February 2, 2007 / Rules and Regulations
Environment
We have analyzed this rule under
Commandant Instruction M16475.1D,
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. Paragraph 32(e)
excludes the promulgation of operating
regulations or procedures for
drawbridges from the environmental
documentation requirements of the
National Environmental Policy Act
(NEPA). Since this regulation would
alter the normal operating conditions of
the drawbridge, it falls within this
exclusion. A ‘‘Categorical Exclusion
Determination’’ is available in the
docket for inspection or copying where
indicated under ADDRESSES.
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. From 12:01 a.m., February 2, 2007
until 8 a.m., March 15, 2007 in
§ 117.671 add new paragraph (c) to read
as follows:
I
§ 117.671
Upper Mississippi River.
*
*
*
*
(c) The Illinois Central Railroad
Drawbridge, Mile 579.9, Upper
Mississippi River at Dubuque, Iowa
shall open on signal if at least 24 hours
notice is given.
ycherry on PROD1PC64 with RULES
*
VerDate Aug<31>2005
17:25 Feb 01, 2007
Jkt 211001
Dated: January 22, 2007.
J.R. Whitehead,
Rear Admiral, U.S. Coast Guard Commander,
Eighth Coast Guard District.
[FR Doc. E7–1615 Filed 2–1–07; 8:45 am]
BILLING CODE 4910–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2006–0175; FRL–8111–3]
Withdrawal of Direct Final Rule
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
SUMMARY: Because EPA has received
adverse comments, the Agency is
withdrawing the direct final rule
excepting from the definitions of
‘‘pesticide chemical’’ and ‘‘pesticide
chemical residue’’ under section 201(q)
of the Federal Food, Drug and Cosmetic
Act (FFDCA) food packaging (e.g., paper
and paperboard, coatings, adhesives,
and polymers) that is treated with a
pesticide. The rule was published on
December 6, 2006 (71 FR 70667) (FRL–
8084–2). We stated in that direct final
rule that if EPA received adverse
comment by January 5, 2007, the
Agency would publish a timely
withdrawal in the Federal Register. We
subsequently received adverse comment
on that direct final rule and are
therefore withdrawing the rule. EPA
may issue a notice of proposed
rulemaking in a future edition of the
Federal Register to initiate action to
repromulgate the rule provisions that
are being withdrawn today. In any such
action, EPA would address the adverse
comments it received on the direct final
rule.
DATES: The direct final rule published at
71 FR 70667, December 6, 2006, is
withdrawn, effective January 25, 2007.
FOR FURTHER INFORMATION CONTACT: Mari
L. Duggard, Biopesticides and Pollution
Prevention Division (7511P), Office of
Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania
Ave., N.W.,Washington, DC 20460-0001;
PO 00000
Frm 00021
Fmt 4700
Sfmt 4700
4963
telephone number: (703) 308-0028; fax
number: (703) 308-7026; e-mail
address:duggard.mari@epa.gov.
EPA
issued a direct final rule in the Federal
Register of December 6, 2006 excepting
from the definitions of ‘‘pesticide
chemical’’ and ‘‘pesticide chemical
residue’’ under section 201(q) of the
FFDCA, food packaging (e.g., paper and
paperboard, coatings, adhesives, and
polymers) that is treated with a
pesticide. We received adverse
comment on that direct final rule and
are therefore withdrawing the rule. EPA
may issue a notice of proposed
rulemaking in a future edition of the
Federal Register to initiate action to
repromulgate the rule provisions that
are being withdrawn today. In any such
action, EPA would address the adverse
comments it received on the direct final
rule.
Accordingly, the amendment to 40
CFR 180.4 published in the Federal
Register on December 6, 2006 (71 FR
70667) is withdrawn effective January
25, 2007.
The Adverse comment is publicly
available available either in the
electronic docket at https://
www.regulations.gov, or, if only
available in hard copy, at the OPP
Regulatory Public Docket in Rm. S-4400,
One Potomac Yard (South Building),
2777 S. Crystal Drive, Arlington, VA.
The hours of operation of this Docket
Facility are from 8:30 a.m. to 4 p.m.,
Monday through Friday, excluding legal
holidays. The Docket telephone number
is (703) 305-5805.
SUPPLEMENTARY INFORMATION:
List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and record-keeping
requirements.
Dated: January 17, 2007.
Janet L. Andersen,
Division Director, Biopesticides and Pollution
Prevention Division, Office of Pesticide
Programs.
[FR Doc. 07–485 Filed 1–31–07; 12:19 pm]
BILLING CODE 6560–50–S
E:\FR\FM\02FER1.SGM
02FER1
Agencies
[Federal Register Volume 72, Number 22 (Friday, February 2, 2007)]
[Rules and Regulations]
[Pages 4961-4963]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-1615]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD08-06-037]
RIN 1625-AA09
Drawbridge Operation Regulation; Mississippi River, Dubuque, IA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is changing the drawbridge operations for the
Illinois Central Railroad Drawbridge across the Upper Mississippi River
at Mile 579.9, at Dubuque, Iowa. Under the rule, the drawbridge shall
open on signal if at least 24 hours advance notice is given from 12:01
a.m., on February 2, 2007 until 8 a.m., on March 15, 2007. This rule
allows time for making upgrades to critical mechanical components and
perform scheduled annual maintenance/repairs to the bridge and pier
protection.
DATES: The rule is effective from 12:01 a.m., on February 2, 2007 until
8 a.m., on March 15, 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 [CGD08-06-037] and are available for inspection or
copying at room 2.107f in the Robert A. Young Federal Building at
Eighth Coast Guard District, between 8 a.m. and 4 p.m., Monday through
Friday, except Federal holidays. Commander (dwb), Eighth Coast Guard
District, Bridge Branch maintains the public docket for this
rulemaking.
FOR FURTHER INFORMATION CONTACT: Mr. Roger K. Wiebusch, Bridge
Administrator, (314) 269-2378.
SUPPLEMENTARY INFORMATION:
Regulatory Information
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. Winter conditions on the Upper
Mississippi River coupled with the closure of Lock and Dam 11, Mile
583.0, Upper Mississippi River, at Dubuque, Iowa from January 2, 2007
until February 28, 2007 preclude any significant navigation demands for
the drawspan opening thereby making a 30-day delay during that period
unnecessary, and a delayed effective date would be contrary to the
public interest in prompt completion of the bridge's repairs and
maintenance work.
On November 16, 2006, we published a notice of proposed rulemaking
(NPRM) entitled Drawbridge Operation Regulation; Mississippi River,
Iowa and Illinois in the Federal Register (71 FR 66711). We received no
comment letters on the proposed rule. No public hearing was requested,
and none was held.
Background and Purpose
On September 12, 2006, the Chicago, Central & Pacific Railroad
requested a temporary change to the operation of the Illinois Central
Railroad Drawbridge, across the Upper Mississippi River, Mile 579.9, at
Dubuque, Iowa to open on signal if at least 24 hours advance notice is
given to facilitate critical bridge repair and annual maintenance.
The Illinois Central Railroad Drawbridge navigation span has a
vertical clearance of 19.9 feet above normal pool in the closed to
navigation position. Navigation on the waterway consists primarily of
commercial tows and recreational watercraft and will not be
significantly impacted due to the reduced navigation in winter months.
Presently, the draw opens on signal for passage of river traffic. The
Chicago, Central & Pacific Railroad requested the drawbridge be
permitted to remain closed-to-navigation from 12:01 a.m., February 2,
2007 until 8 a.m., March 15, 2007 unless 24 hours advance notice is
given of the need to open. The Illinois Central Railroad Drawbridge,
Mile 579.9, Upper Mississippi River, is located just downstream from
Lock and Dam 11. Performing maintenance on the bridge and pier
protection during the winter, when the number of vessels likely to be
impacted is minimal, is preferred to the bridge closure or advance
notification requirements during the navigation season. This
[[Page 4962]]
temporary change to the drawbridge's operation has been coordinated
with the commercial waterway operators.
Discussion of Comments and Changes
The Coast Guard received no comment letters. No changes have been
made to this temporary final rule.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS).
The Coast Guard expects this temporary change to the operation of
the Illinois Central Railroad Drawbridge to have a minimal economic
impact on commercial traffic operating on the Upper Mississippi River
such that a full regulatory evaluation under the regulatory policies
and procedures of DHS is unnecessary. This temporary change has been
written in such a manner as to allow for minimal interruption of the
drawbridge's regular operation, since the change is only in effect
during the winter months while commercial traffic is greatly reduced.
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
would not have a significant economic impact on a substantial number of
small entities. The rule will have a negligible impact on vessel
traffic. The primary users of the Upper Mississippi River in Dubuque,
Iowa are commercial towboat operators. With the onset of winter
conditions, most activity on the Upper Mississippi River is curtailed
and there are few, if any, significant navigation demands for opening
the drawspan. The Coast Guard expects the impact of this action to be
minimal.
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 this rule so that they could better evaluate
its effects on them and participate in the rulemaking. 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 1-800-REG-FAIR (1-800-734-3247).
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 does not create an
environmental risk to health or risk to safety that may
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 would 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.
[[Page 4963]]
Environment
We have analyzed this rule under Commandant Instruction M16475.1D,
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. Paragraph 32(e) excludes the promulgation of operating
regulations or procedures for drawbridges from the environmental
documentation requirements of the National Environmental Policy Act
(NEPA). Since this regulation would alter the normal operating
conditions of the drawbridge, it falls within this exclusion. A
``Categorical Exclusion Determination'' is available in the docket for
inspection or copying where indicated under ADDRESSES.
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. From 12:01 a.m., February 2, 2007 until 8 a.m., March 15, 2007 in
Sec. 117.671 add new paragraph (c) to read as follows:
Sec. 117.671 Upper Mississippi River.
* * * * *
(c) The Illinois Central Railroad Drawbridge, Mile 579.9, Upper
Mississippi River at Dubuque, Iowa shall open on signal if at least 24
hours notice is given.
Dated: January 22, 2007.
J.R. Whitehead,
Rear Admiral, U.S. Coast Guard Commander, Eighth Coast Guard District.
[FR Doc. E7-1615 Filed 2-1-07; 8:45 am]
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