Regulated Navigation Area; Atchafalaya River, Berwick Bay, Berwick Bay, LA, 27740-27741 [E7-9497]
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27740
Federal Register / Vol. 72, No. 95 / Thursday, May 17, 2007 / Rules and Regulations
Bridge set forth in 33 CFR 165.811. In
September 2005, the visual displays
atop the SPRR Bridge were destroyed by
Hurricane Rita and have not been
restored. Prior to their destruction, the
visual displays consisted of two
vertically arranged red balls by day and
two vertically arranged flashing white
lights by night. The displays were
maintained by the bridge owner and
were activated upon direction by Coast
Guard Vessel Traffic Service (VTS)
Berwick Bay during high water periods
as specified in 33 CFR 165.811. Prior to
the current implementation of VTS
Berwick Bay, the use of visual displays
on the SPRR Bridge served as the
primary means of advising towing
vessels that the provisions of 33 CFR
165.811 were in effect, or were
anticipated to be placed into effect, in
order to reduce the risk of mishaps
involving towing vessels and the local
bridges crossing the waterway. The
destruction of the displays by Hurricane
Rita and the subsequent request by
BNSF Railway Company for their
discontinuance prompted discussion
within the Coast Guard as to the
necessity of the visual displays. Coast
Guard VTS Berwick Bay concluded that
the visual displays are antiquated and
no longer serve as a primary means to
advise towing vessels that the
requirements of 33 CFR 165.811 are in
effect. VTS Berwick Bay now directly
advises towing vessels as to which
navigation rules are in effect at the time
of the vessel entry into the VTS
regulated navigation area.
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.
This amended rule is neutral to all
business entities as it merely changes
the means of notification by which
towing vessel operators within the
regulated navigation area are provided
notice that the provisions of 33 CFR
165.811 are or are anticipated to be in
effect. Henceforth, all operators will be
notified by VTS Berwick Bay rather than
by visual displays. Therefore, the Coast
Guard certifies under 5 U.S.C. 605(b)
that this final rule will not have a
significant economic impact on a
substantial number of small entities.
Unfunded Mandates Reform Act
Regulatory History
On December 27, 2006, we published
a notice of proposed rulemaking
(NPRM) entitled ‘‘Regulated Navigation
Area; Atchafalaya River, Berwick Bay,
Berwick Bay, LA’’ in the Federal
Register (71 FR 77657). We received no
letters commenting on the proposed
rule. No public meeting was requested
and none was held.
Regulatory Evaluation
This final 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.
We expect the economic impact of
this proposed rule to be so minimal that
a full Regulatory Evaluation is
unnecessary.
This amended rule eliminates existing
visual display requirements from a list
of notice requirements under 33 CFR
165.811(f) which have been superseded
by improved procedures for notification.
This amended rule neither imposes any
additional costs to the public nor
eliminates significant benefits.
Background and Purpose
BNSF Railway Company, the owner of
the Southern Pacific Railroad (SPRR)
Bridge, requested a change to the visual
display requirements for the SPRR
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
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[CGD08–06–023]
RIN 1625–AA11
Regulated Navigation Area;
Atchafalaya River, Berwick Bay,
Berwick Bay, LA
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Final rule.
AGENCY:
cprice-sewell on PROD1PC71 with RULES
SUMMARY: The Coast Guard is amending
its regulations pertaining to the
Atchafalaya River, Berwick Bay,
Berwick Bay, LA, navigation area. Coast
Guard Vessel Traffic Service (VTS)
Berwick Bay determined that the
Southern Pacific Railroad (SPRR) Bridge
visual displays were no longer
necessary due to updated VTS
technologies and procedures that
actively inform towing vessels that the
rules of 33 CFR 165.811 are in effect at
the time of entry into the VTS. This
action relieves both the owner of the
SPRR Bridge and the Coast Guard from
maintaining antiquated visual displays
and related equipment.
DATES: This final rule is effective June
18, 2007.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket, are part of docket [CGD08–06–
023] and are available for inspection or
copying at U.S. Coast Guard District
Eight, 500 Poydras Street, New Orleans,
Louisiana, 70130–3396 between 8 a.m.
and 4 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Chief Warrant Officer Edgardo Estrada,
Eighth Coast Guard District’s Waterways
Branch, at telephone 504–671–2326.
Please cite [CGD08–06–023].
SUPPLEMENTARY INFORMATION:
VerDate Aug<31>2005
15:37 May 16, 2007
Jkt 211001
PO 00000
Frm 00020
Fmt 4700
Sfmt 4700
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.
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 or more in any one year.
Though this rule will not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
Taking of Private Property
This rule will not effect a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
E:\FR\FM\17MYR1.SGM
17MYR1
Federal Register / Vol. 72, No. 95 / Thursday, May 17, 2007 / Rules and Regulations
Environment
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 does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
cprice-sewell on PROD1PC71 with RULES
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.
VerDate Aug<31>2005
15:37 May 16, 2007
Jkt 211001
We have analyzed this amended rule
under Commandant Instruction
M16475.lD, and Department of
Homeland Security Management
Directive 5100.1, which guides the
Coast Guard in complying with the
National Environmental Policy Act of
1969 (NEPA) (42 U.S.C. 4321–4370f),
and have concluded that there are no
factors in this case that would limit the
use of a categorical exclusion under
section 2.B.2 of the Instruction.
Therefore, we believe that this rule
should be categorically excluded, under
figure 2–1, paragraph (32)(e), of the
Instruction, from further environmental
documentation. Under figure 2–1,
paragraph (32)(e), of the Instruction, an
‘‘Environmental Analysis Check List’’ is
not required for this rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
I 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:
I
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701; 50 U.S.C. 191, 195; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
§ 165.811
[Amended]
2. In § 165.811, remove paragraph
(f)(4) and the note located at the end of
the section.
I
Dated: May 2, 2007.
J.R. Whitehead,
Rear Admiral, U.S. Coast Guard Commander,
Eighth Coast Guard District.
[FR Doc. E7–9497 Filed 5–16–07; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 65
Changes in Flood Elevation
Determinations
Federal Emergency
Management Agency, DHS.
ACTION: Final rule.
AGENCY:
PO 00000
Frm 00021
Fmt 4700
Sfmt 4700
27741
SUMMARY: Modified Base (1% annualchance) Flood Elevations (BFEs) are
finalized for the communities listed
below. These modified BFEs will be
used to calculate flood insurance
premium rates for new buildings and
their contents.
DATES: The effective dates for these
modified BFEs are indicated on the
following table and revise the Flood
Insurance Rate Maps (FIRMs) in effect
for the listed communities prior to this
date.
ADDRESSES: The modified BFEs for each
community are available for inspection
at the office of the Chief Executive
Officer of each community. The
respective addresses are listed in the
table below.
FOR FURTHER INFORMATION CONTACT:
William R. Blanton, Jr., Engineering
Management Section, Mitigation
Division, Federal Emergency
Management Agency, 500 C Street, SW.,
Washington, DC 20472, (202) 646–3151.
SUPPLEMENTARY INFORMATION: The
Federal Emergency Management Agency
(FEMA) makes the final determinations
listed below of the modified BFEs for
each community listed. These modified
BFEs have been published in
newspapers of local circulation and
ninety (90) days have elapsed since that
publication. The Mitigation Division
Director of FEMA resolved any appeals
resulting from this notification.
The modified BFEs are not listed for
each community in this notice.
However, this final rule includes the
address of the Chief Executive Officer of
the community where the modified
BFEs determinations are available for
inspection.
The modified BFEs are made pursuant
to section 206 of the Flood Disaster
Protection Act of 1973, 42 U.S.C. 4105,
and are in accordance with the National
Flood Insurance Act of 1968, 42 U.S.C.
4001 et seq., and with 44 CFR part 65.
For rating purposes, the currently
effective community number is shown
and must be used for all new policies
and renewals.
The modified BFEs are the basis for
the floodplain management measures
that the community is required to either
adopt or to show evidence of being
already in effect in order to qualify or
to remain qualified for participation in
the National Flood Insurance Program
(NFIP).
These modified BFEs, together with
the floodplain management criteria
required by 44 CFR 60.3, are the
minimum that are required. They
should not be construed to mean that
the community must change any
existing ordinances that are more
E:\FR\FM\17MYR1.SGM
17MYR1
Agencies
[Federal Register Volume 72, Number 95 (Thursday, May 17, 2007)]
[Rules and Regulations]
[Pages 27740-27741]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-9497]
[[Page 27740]]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD08-06-023]
RIN 1625-AA11
Regulated Navigation Area; Atchafalaya River, Berwick Bay,
Berwick Bay, LA
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is amending its regulations pertaining to the
Atchafalaya River, Berwick Bay, Berwick Bay, LA, navigation area. Coast
Guard Vessel Traffic Service (VTS) Berwick Bay determined that the
Southern Pacific Railroad (SPRR) Bridge visual displays were no longer
necessary due to updated VTS technologies and procedures that actively
inform towing vessels that the rules of 33 CFR 165.811 are in effect at
the time of entry into the VTS. This action relieves both the owner of
the SPRR Bridge and the Coast Guard from maintaining antiquated visual
displays and related equipment.
DATES: This final rule is effective June 18, 2007.
ADDRESSES: Documents indicated in this preamble as being available in
the docket, are part of docket [CGD08-06-023] and are available for
inspection or copying at U.S. Coast Guard District Eight, 500 Poydras
Street, New Orleans, Louisiana, 70130-3396 between 8 a.m. and 4 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Chief Warrant Officer Edgardo Estrada,
Eighth Coast Guard District's Waterways Branch, at telephone 504-671-
2326. Please cite [CGD08-06-023].
SUPPLEMENTARY INFORMATION:
Regulatory History
On December 27, 2006, we published a notice of proposed rulemaking
(NPRM) entitled ``Regulated Navigation Area; Atchafalaya River, Berwick
Bay, Berwick Bay, LA'' in the Federal Register (71 FR 77657). We
received no letters commenting on the proposed rule. No public meeting
was requested and none was held.
Background and Purpose
BNSF Railway Company, the owner of the Southern Pacific Railroad
(SPRR) Bridge, requested a change to the visual display requirements
for the SPRR Bridge set forth in 33 CFR 165.811. In September 2005, the
visual displays atop the SPRR Bridge were destroyed by Hurricane Rita
and have not been restored. Prior to their destruction, the visual
displays consisted of two vertically arranged red balls by day and two
vertically arranged flashing white lights by night. The displays were
maintained by the bridge owner and were activated upon direction by
Coast Guard Vessel Traffic Service (VTS) Berwick Bay during high water
periods as specified in 33 CFR 165.811. Prior to the current
implementation of VTS Berwick Bay, the use of visual displays on the
SPRR Bridge served as the primary means of advising towing vessels that
the provisions of 33 CFR 165.811 were in effect, or were anticipated to
be placed into effect, in order to reduce the risk of mishaps involving
towing vessels and the local bridges crossing the waterway. The
destruction of the displays by Hurricane Rita and the subsequent
request by BNSF Railway Company for their discontinuance prompted
discussion within the Coast Guard as to the necessity of the visual
displays. Coast Guard VTS Berwick Bay concluded that the visual
displays are antiquated and no longer serve as a primary means to
advise towing vessels that the requirements of 33 CFR 165.811 are in
effect. VTS Berwick Bay now directly advises towing vessels as to which
navigation rules are in effect at the time of the vessel entry into the
VTS regulated navigation area.
Regulatory Evaluation
This final 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.
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary.
This amended rule eliminates existing visual display requirements
from a list of notice requirements under 33 CFR 165.811(f) which have
been superseded by improved procedures for notification. This amended
rule neither imposes any additional costs to the public nor eliminates
significant benefits.
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.
This amended rule is neutral to all business entities as it merely
changes the means of notification by which towing vessel operators
within the regulated navigation area are provided notice that the
provisions of 33 CFR 165.811 are or are anticipated to be in effect.
Henceforth, all operators will be notified by VTS Berwick Bay rather
than by visual displays. Therefore, the Coast Guard certifies under 5
U.S.C. 605(b) that this final rule will not have a significant economic
impact on a substantial number of small entities.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to
[[Page 27741]]
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 does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this amended rule under Commandant Instruction
M16475.lD, and Department of Homeland Security Management Directive
5100.1, which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, we believe that this rule should be
categorically excluded, under figure 2-1, paragraph (32)(e), of the
Instruction, from further environmental documentation. Under figure 2-
1, paragraph (32)(e), of the Instruction, an ``Environmental Analysis
Check List'' is not required for this rule.
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, 6.04-1, 6.04-6, and 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
Sec. 165.811 [Amended]
0
2. In Sec. 165.811, remove paragraph (f)(4) and the note located at
the end of the section.
Dated: May 2, 2007.
J.R. Whitehead,
Rear Admiral, U.S. Coast Guard Commander, Eighth Coast Guard District.
[FR Doc. E7-9497 Filed 5-16-07; 8:45 am]
BILLING CODE 4910-15-P