Regulated Navigation Area; Cumberland River, Clarksville, TN, 24534-24536 [E7-7951]

Download as PDF 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. * * * * * 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 Frm 00014 Fmt 4700 Sfmt 4700 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]


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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]
BILLING CODE 4910-15-P