Regulated Navigation Area; Cumberland River, Clarksville, TN, 24534-24536 [E7-7951]
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24534
Federal Register / Vol. 72, No. 85 / Thursday, May 3, 2007 / Rules and Regulations
(5) Lisdexamfetamine, its salts,
isomers, and salts of its isomers—1205.
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*
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Dated: April 25, 2007.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. E7–8421 Filed 5–2–07; 8:45 am]
BILLING CODE 4410–09–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
Dated: April 24, 2007.
Waverly W. Gregory, Jr.,
Chief, Bridge Administration Branch, Fifth
Coast Guard District.
[FR Doc. E7–8493 Filed 5–2–07; 8:45 am]
33 CFR Part 117
[CGD05–07–047]
RIN 1625–AA–09
BILLING CODE 4910–15–P
Drawbridge Operation Regulations;
Intracoastal Waterway (ICW); Inside
Thorofare, Atlantic City, NJ
Coast Guard, DHS.
Notice of temporary deviation
from regulations.
mmaher on DSK3CLS3C1PROD with $$_JOB
ACTION:
SUMMARY: The Commander, Fifth Coast
Guard District, has approved a
temporary deviation from the
regulations governing the operation of
the U.S. 40–322 (Albany Avenue)
Bridge, at ICW mile 70.0, across Inside
Thorofare at Atlantic City, New Jersey.
This deviation allows the drawbridge to
remain closed-to-navigation from 10
a.m. to 5 p.m. on August 15, 2007, to
facilitate traffic control during the
Atlantic City Air Show.
DATES: This deviation is effective from
10 a.m. to 5 p.m. on August 15, 2007.
ADDRESSES: Materials referred to in this
document are available for inspection or
copying at Commander (dpb), Fifth
Coast Guard District, Federal Building,
1st Floor, 431 Crawford Street,
Portsmouth, VA 23704–5004 between 8
a.m. and 4 p.m., Monday through
Friday, except Federal holidays. The
telephone number is (757) 398–6222.
Commander (dpb), Fifth Coast Guard
District maintains the public docket for
this temporary deviation.
FOR FURTHER INFORMATION CONTACT:
Waverly W. Gregory, Jr., Bridge
Administrator, Fifth Coast Guard
District, at (757) 398–6222.
SUPPLEMENTARY INFORMATION: The U.S.
40–322 (Albany Avenue) Bridge, a lift
drawbridge, has a vertical clearance in
the closed position to vessels of 10 feet,
above mean high water.
The Atlantic City Regional Mainland
Chamber of Commerce, on behalf of the
bridge owner the New Jersey
Department of Transportation, has
requested a temporary deviation from
05:31 Aug 19, 2011
Jkt 223001
CDR
Greg Howard, Coast Guard Sector Ohio
Valley, telephone (502) 779–5422.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of
proposed rulemaking (NPRM) for this
regulation. Under 5 United States Code
(USC) 553(b)(B), the Coast Guard finds
that good cause exists for not publishing
a NPRM and under 5 U.S.C. 553(d)(3),
good cause exists for making this rule
effective immediately. The R.J. Corman
Railroad Bridge on the Cumberland
River was struck by a barge and was
severely damaged. This RNA is needed
to prevent further damage to the bridge
and to protect vessels transiting under
the bridge.
Background and Purpose
AGENCY:
VerDate Mar 15 2010
the current operating regulation set out
in 33 CFR 117.733(f) to close the
drawbridge to navigation for the sole
purpose of traffic control during the
Atlantic City Air Show that is scheduled
for Wednesday, August 15, 2007.
To facilitate traffic control during the
Atlantic City Air Show, the U.S. 40–322
(Albany Avenue) Bridge will be
maintained in the closed-to-navigation
position from 10 a.m. to 5 p.m. on
August 15, 2007.
This deviation from the operating
regulations is authorized under 33 CFR
117.35.
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[CGD08–07–010]
RIN 1625–AA11
Regulated Navigation Area;
Cumberland River, Clarksville, TN
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a Regulated Navigation
Area (RNA) on the Cumberland River
(CMR) mile marker (MM) 126 to mile
marker MM 127. All vessel traffic
transiting beneath the R.J. Corman
Railroad Bridge at MM 126.5 is
restricted to the right descending bank
(RDB) on the CMR and tows transiting
this RNA cannot be wider than 80 feet
or longer than 800 feet, excluding the
length of the tow boat.
DATES: This temporary rule is effective
from 4:40 p.m. on March 31, 2007
through 11:30 a.m. August 2, 2007.
ADDRESSES: The Coast Guard is not
soliciting comments on this temporary
RNA. However, you may mail
comments and related material to Coast
Guard Sector Ohio Valley, 600 Martin
Luther King Drive, Louisville, KY
40202, attention: Prevention
Department. Comments and material
received from the public, as well as
documents indicated in this preamble as
being available in the docket, will
become part of this docket and will be
available for inspection or copying at
Coast Guard Sector Ohio Valley between
8 a.m. and 4 p.m., Monday through
Friday, except Federal holidays.
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
On March 29, 2007 at approximately
11:15 p.m., the R.J. Corman Railroad
Bridge, located at MM 126.5 on the
Cumberland River (CMR) was struck by
a barge being pushed by a towing vessel.
The bridge sustained extensive damage.
The Coast Guard set a safety zone at 7
p.m. on March 30, 2007 on the CMR
from MM 126 through MM 127 halting
all vessel traffic until the structural
integrity of the bridge was evaluated.
The operator of the bridge reported to
the Coast Guard that the bridge damage
was isolated to the left descending bank
(LDB) bridge pier of the bridge above the
waterline. The bridge operator also
informed the Coast Guard that vessels
could safely transit under the bridge on
the right descending bank (RDB) of the
CMR. The Coast Guard is restricting
vessel movements to the RDB and is
limiting tow sizes to ensure that vessels
pass safely under the bridge and do not
cause additional damage to the bridge.
Discussion of Rule
The Coast Guard is establishing a
Regulated Navigation Area (RNA) on the
CMR mile marker (MM) 126 to mile
marker MM 127. All vessel traffic
transiting beneath the R.J. Corman
Railroad Bridge at MM 126.5 is
restricted to the RDB on the CMR and
tows transiting this RNA cannot be
wider than 80 feet or longer than 800
feet, excluding the length of the tow
boat. This RNA is effective from 4:40
p.m. on March 31, 2007 through 11:30
a.m. August 2, 2007. This RNA may be
cancelled earlier if the Coast Guard
determines that it is safe for vessel
traffic to transit under the bridge span
adjacent to the LDB.
E:\FEDREG\03MYR1.LOC
03MYR1
Federal Register / Vol. 72, No. 85 / Thursday, May 3, 2007 / Rules and Regulations
Regulatory Evaluation
This rule is not a ‘‘significant
regulatory action’’ under section 3(f) of
Executive Order 12866 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. We expect the economic impact
of this rule to be so minimal that a full
regulatory evaluation is unnecessary.
Commercial vessel traffic including tow
and barge traffic is being allowed to
move through this RNA and this RNA
will be cancelled when the Coast Guard
determines that it is safe to open traffic
to both sides of the R.J. Corman Railroad
Bridge.
mmaher on DSK3CLS3C1PROD with $$_JOB
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.
This RNA will not have an impact on
a substantial number of small entities
because this rule will not significantly
impact the regular flow of commercial
vessel traffic conducting business
within the RNA. Further, the RNA will
not have a significant impact because it
will be in place for a limited period of
time.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment to Coast
Guard Sector Ohio Valley at the address
listed under ADDRESSES explaining why
you think it qualifies and how and to
what degree this rule would
economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule so that they can
better evaluate its effects on them and
participate in the rulemaking. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
VerDate Mar 15 2010
05:31 Aug 19, 2011
Jkt 223001
compliance; please contact Sector Ohio
Valley at (502) 779–5412.
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 would not result in
such an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
Taking of Private Property
This rule does 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
does 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,
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
24535
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. It has not been designated by the
Administrator of the Office of
Information and Regulatory Affairs 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 M16475.1D
and Department of Homeland Security
Management Directive 5100.1, which
guide the Coast Guard in complying
with the National Environmental Policy
Act of 1969 (NEPA) (42 U.S.C. 4321–
4370f), and have made a preliminary
determination 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, we
believe that this rule should be
categorically excluded, under figure 2–
1, paragraph (34)(g), of the Instruction,
from further environmental
documentation. This rule fits in
paragraph (34)(g) because it is a
regulated navigation area. A preliminary
E:\FEDREG\03MYR1.LOC
03MYR1
24536
Federal Register / Vol. 72, No. 85 / Thursday, May 3, 2007 / Rules and Regulations
‘‘Environmental Analysis Check List’’ is
available in the docket where indicated
under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
■ For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701; 50 U.S.C. 191, 195; 33 CFR
1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. Add § 165.T08–826 to read as
follows:
■
§ 165.T08–826 Cumberland River, TNregulated navigation area.
(a) The following is a Regulated
Navigation Area (RNA): all waters of the
Cumberland River (CMR) from MM 126
CMR to MM 127 CMR.
(b) Within the RNA described in
paragraph (a), vessels are restricted to
the right descending bank (RDB) of the
Cumberland River and tows cannot be
wider than 80 feet or longer than 800
feet, excluding the length of the tow
boat.
(c) This rule is effective from 4:40
p.m. on March 31, 2007 through 11:30
a.m. August 2, 2007.
Dated: 17 April, 2007.
J.R. Whitehead,
Rear Admiral, U.S. Coast Guard, Commander,
Eighth Coast Guard District.
[FR Doc. E7–7951 Filed 5–2–07; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
48 CFR Parts 3001, 3002 and 3033
RIN 1601–AA42
mmaher on DSK3CLS3C1PROD with $$_JOB
Department of Homeland Security
Acquisition Regulation: Board of
Contract Appeals Change
The Department of Homeland
Security (DHS) has adopted as final,
without change, an interim rule
amending the Homeland Security
05:31 Aug 19, 2011
Jkt 223001
I. Background
II. Discussion of Public Comments
III. Regulatory Analyses
A. Executive Order 12866 Assessment
B. Regulatory Flexibility Act
List of Subjects in 48 CFR Parts 3001,
3002, and 3033
I. Background
DHS published an interim rule at 72
FR 1296 on January 11, 2007, to provide
notice of HSAR changes that reflect a
statutorily-mandated jurisdictional
change for the agency Board of Contract
Appeals (BCA). Specifically, BCA
jurisdiction for DHS transferred from
the U.S. Department of Transportation
Board of Contract Appeals to the newly
established Civilian Board of Contract
Appeals (CBCA). In the National
Defense Authorization Act for Fiscal
Year 2006, Congress established the
CBCA and terminated every agency
BCA, except for those within the armed
services, the Tennessee Valley
Authority, and the U.S. Postal Service.
See Public Law 109–163, section 847.
Through January 5, 2007, the U.S.
Department of Transportation’s BCA
handled DHS contract appeals. As of
January 6, 2007, the CBCA handles DHS
contract appeals. This rule also provides
technical amendments to correct
organizational information reflected in
the HSAR.
B. Regulatory Flexibility Act
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), 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. This
final rule is not expected to have a
significant economic impact on a
substantial number of small entities
within the meaning of the Regulatory
Flexibility Act.
Government procurement.
Authority and Issuance
Accordingly, for the reasons stated in
the preamble, the interim rule amending
48 CFR parts 3001, 3002, and 3033 that
was published at 72 FR 1296 on January
11, 2007, is adopted as a final rule
without change.
■
Dated: April 25, 2007.
Elaine C. Duke,
Chief Procurement Officer.
[FR Doc. E7–8420 Filed 5–2–07; 8:45 am]
BILLING CODE 4410–10–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
49 CFR Part 107
[Docket No. PHMSA–2006–25589 (HM–
208F)]
RIN 2137–AE11
Hazardous Materials Transportation;
Miscellaneous Revisions to
Registration and Fee Assessment
Program
III. Regulatory Analyses
Department of Homeland
Security.
ACTION: Final rule.
AGENCY:
VerDate Mar 15 2010
Regulatory Planning and Review. It
therefore does not require an assessment
of potential costs and benefits under
section 6(a)(3) of that Order, and the
Office of Management and Budget has
not reviewed it.
II. Discussion of Public Comments
DHS received one public comment on
the interim rule. The comment,
however, did not address matters within
the scope of the interim rule. DHS has
adopted the interim rule as a final rule
without change.
[Docket No. DHS–2007–0001]
SUMMARY:
Acquisition Regulation (HSAR) to
reflect a statutorily-mandated
jurisdictional change for the agency
Board of Contract Appeals (BCA).
Specifically, BCA jurisdiction for DHS
has transferred from the U.S.
Department of Transportation Board of
Contract Appeals to the Civilian Board
of Contract Appeals. This rule also
adopts as final, without change, several
non-substantive amendments to DHS
acquisition regulations in order to
reflect organizational changes.
DATES: This rule is effective May 3,
2007.
FOR FURTHER INFORMATION CONTACT:
Anne Terry, Department of Homeland
Security, Office of the Chief
Procurement Officer, Acquisition
Policy, (202) 447–5253.
SUPPLEMENTARY INFORMATION:
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: Final rule.
A. Executive Order 12866 Assessment
DHS has determined that this final
rule is neither a major rule under 5
U.S.C. 804 nor a significant regulatory
action under Executive Order 12866,
SUMMARY: PHMSA is amending the
statutorily mandated registration and fee
assessment program for persons who
transport or offer for transportation
certain categories and quantities of
PO 00000
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Fmt 4700
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AGENCY:
E:\FEDREG\03MYR1.LOC
03MYR1
Agencies
[Federal Register Volume 72, Number 85 (Thursday, May 3, 2007)]
[Rules and Regulations]
[Pages 24534-24536]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-7951]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD08-07-010]
RIN 1625-AA11
Regulated Navigation Area; Cumberland River, Clarksville, TN
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a Regulated Navigation Area
(RNA) on the Cumberland River (CMR) mile marker (MM) 126 to mile marker
MM 127. All vessel traffic transiting beneath the R.J. Corman Railroad
Bridge at MM 126.5 is restricted to the right descending bank (RDB) on
the CMR and tows transiting this RNA cannot be wider than 80 feet or
longer than 800 feet, excluding the length of the tow boat.
DATES: This temporary rule is effective from 4:40 p.m. on March 31,
2007 through 11:30 a.m. August 2, 2007.
ADDRESSES: The Coast Guard is not soliciting comments on this temporary
RNA. However, you may mail comments and related material to Coast Guard
Sector Ohio Valley, 600 Martin Luther King Drive, Louisville, KY 40202,
attention: Prevention Department. Comments and material received from
the public, as well as documents indicated in this preamble as being
available in the docket, will become part of this docket and will be
available for inspection or copying at Coast Guard Sector Ohio Valley
between 8 a.m. and 4 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: CDR Greg Howard, Coast Guard Sector
Ohio Valley, telephone (502) 779-5422.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 United States Code (USC) 553(b)(B), the Coast Guard
finds that good cause exists for not publishing a NPRM and under 5
U.S.C. 553(d)(3), good cause exists for making this rule effective
immediately. The R.J. Corman Railroad Bridge on the Cumberland River
was struck by a barge and was severely damaged. This RNA is needed to
prevent further damage to the bridge and to protect vessels transiting
under the bridge.
Background and Purpose
On March 29, 2007 at approximately 11:15 p.m., the R.J. Corman
Railroad Bridge, located at MM 126.5 on the Cumberland River (CMR) was
struck by a barge being pushed by a towing vessel. The bridge sustained
extensive damage. The Coast Guard set a safety zone at 7 p.m. on March
30, 2007 on the CMR from MM 126 through MM 127 halting all vessel
traffic until the structural integrity of the bridge was evaluated. The
operator of the bridge reported to the Coast Guard that the bridge
damage was isolated to the left descending bank (LDB) bridge pier of
the bridge above the waterline. The bridge operator also informed the
Coast Guard that vessels could safely transit under the bridge on the
right descending bank (RDB) of the CMR. The Coast Guard is restricting
vessel movements to the RDB and is limiting tow sizes to ensure that
vessels pass safely under the bridge and do not cause additional damage
to the bridge.
Discussion of Rule
The Coast Guard is establishing a Regulated Navigation Area (RNA)
on the CMR mile marker (MM) 126 to mile marker MM 127. All vessel
traffic transiting beneath the R.J. Corman Railroad Bridge at MM 126.5
is restricted to the RDB on the CMR and tows transiting this RNA cannot
be wider than 80 feet or longer than 800 feet, excluding the length of
the tow boat. This RNA is effective from 4:40 p.m. on March 31, 2007
through 11:30 a.m. August 2, 2007. This RNA may be cancelled earlier if
the Coast Guard determines that it is safe for vessel traffic to
transit under the bridge span adjacent to the LDB.
[[Page 24535]]
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866 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.
We expect the economic impact of this rule to be so minimal that a full
regulatory evaluation is unnecessary. Commercial vessel traffic
including tow and barge traffic is being allowed to move through this
RNA and this RNA will be cancelled when the Coast Guard determines that
it is safe to open traffic to both sides of the R.J. Corman Railroad
Bridge.
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. This RNA will not have an impact on a substantial
number of small entities because this rule will not significantly
impact the regular flow of commercial vessel traffic conducting
business within the RNA. Further, the RNA will not have a significant
impact because it will be in place for a limited period of time.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment to Coast
Guard Sector Ohio Valley at the address listed under ADDRESSES
explaining why you think it qualifies and how and to what degree this
rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule so that they can better evaluate
its effects on them and participate in the rulemaking. If the rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance; please contact Sector Ohio Valley at (502) 779-
5412.
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 would not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule does 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 does 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. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs 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 M16475.1D
and Department of Homeland Security Management Directive 5100.1, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have made a
preliminary determination 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, we believe that this rule should be
categorically excluded, under figure 2-1, paragraph (34)(g), of the
Instruction, from further environmental documentation. This rule fits
in paragraph (34)(g) because it is a regulated navigation area. A
preliminary
[[Page 24536]]
``Environmental Analysis Check List'' is available in the docket where
indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add Sec. 165.T08-826 to read as follows:
Sec. 165.T08-826 Cumberland River, TN-regulated navigation area.
(a) The following is a Regulated Navigation Area (RNA): all waters
of the Cumberland River (CMR) from MM 126 CMR to MM 127 CMR.
(b) Within the RNA described in paragraph (a), vessels are
restricted to the right descending bank (RDB) of the Cumberland River
and tows cannot be wider than 80 feet or longer than 800 feet,
excluding the length of the tow boat.
(c) This rule is effective from 4:40 p.m. on March 31, 2007 through
11:30 a.m. August 2, 2007.
Dated: 17 April, 2007.
J.R. Whitehead,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. E7-7951 Filed 5-2-07; 8:45 am]
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