Drawbridge Operation Regulations; Gulf Intracoastal Waterway Mile 131.8, Belleair Beach, FL, 33423-33425 [E7-11661]
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Federal Register / Vol. 72, No. 116 / Monday, June 18, 2007 / Proposed Rules
(iii) Identification of the geophysical
information-area;
(iv) Identification of originating
permit number and date;
(v) Description of reprocessing
performed;
(vi) Identification of the date of
completion of reprocessing the
geophysical information;
(vii) Certification that the product
meets the definition of processed
geophysical information and that all
other information in the application is
accurate; and
(viii) Signature and date.
(3) There will be a 1-year grace
period, starting [EFFECTIVE DATE OF
THE FINAL RULE], to allow permittees
and third parties sufficient time to meet
the above requirements and to apply for
all eligible extensions. During this time,
MMS will not release geophysical
information which was reprocessed 20
or more years after the date that MMS
issued the germane permit.
(4) After [DATE 1 YEAR AFTER
EFFECTIVE DATE OF THE FINAL
RULE], MMS will resume releasing
eligible reprocessed information. If an
application for extension is not filed,
not filed on time, or not approved by
MMS, the original 25-year proprietary
term applies to the release date of the
reprocessed geophysical information.
(5) You may apply for multiple
extensions related to the same permit;
however, the maximum proprietary
term for geophysical information is 50
years after MMS issued the permit.
*
*
*
*
*
[FR Doc. 07–2960 Filed 6–15–07; 8:45 am]
BILLING CODE 4310–MR–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
will open on the hour and half-hour.
This action is necessary for workers
safety and will assist in expediting the
construction of the new bridge.
DATES: Comments and related material
must reach the Coast Guard on or before
August 2, 2007.
ADDRESSES: You may mail comments
and related material to Commander
(dpb), Seventh Coast Guard District, 909
SE 1st Avenue, Room 432, Miami,
Florida 33131–3050. Commander (dpb)
maintains the public docket for this
rulemaking. 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
Commander (dpb), Seventh Coast Guard
District, 909 SE 1st Avenue, Room 432,
Miami, Florida 33131–3050 between 8
a.m. and 4:30 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr.
Michael Lieberum, Seventh Coast Guard
District, Bridge Branch, telephone
number 305–415–6744.
SUPPLEMENTARY INFORMATION:
that, from 12 noon to 6 p.m., on
Saturdays, Sundays, and holidays, the
draw need open only on the hour,
quarter hour, half hour, and threequarter hour.
Due to the construction of a new high
level fixed Bridge, at Belleair Beach,
Intracoastal Waterway mile 131.8,
ECDriver, representing the owner of the
bridge, has requested that the Coast
Guard change the current operation of
the Belleair Beach Drawbridge. The
drawbridge will be required to open
twice an hour from 7 a.m. to 7 p.m. In
addition, the waterway may be
restricted or closed for short periods to
allow for construction of the new
bridge. Exact times and dates of any
waterway restrictions and closures and
drawbridge restrictions will be
published in the Local Notice to
Mariners and Broadcast Notice to
Mariners. In cases of emergency, the
drawbridge will be opened as soon as
possible. This regulation is necessary for
workers safety and will assist in
expediting construction of the new
bridge.
Request for Comments
The draw of the Belleair Beach
Drawbridge shall open on signal, except
that from 7 a.m. to 7 p.m. the bridge
shall open on the hour and half-hour.
Waterway closures shall be authorized
by the Captain of the Port, St Petersburg,
as needed and will be published in the
Local Notice to Mariners and Broadcast
Notice to Mariners. The draw shall open
as soon as possible for the passage of
tugs with tows, public vessels of the
United States and vessels in a situation
where a delay would endanger life or
property.
We encourage you to participate in
this rulemaking by submitting
comments and related material. If you
do so, please include your name and
address, identify the docket number for
this rulemaking [CGD07–07–107],
indicate the specific section of this
document to which each comment
applies, and give the reason for each
comment. Please submit all comments
and related material in an unbound
format, no larger than 81/2 by 11 inches,
suitable for copying. If you would like
to know they reached us, please enclose
a stamped, self-addressed postcard or
envelope. We will consider all
comments and material received during
the comment period. We may change
this proposed rule in view of them.
[CGD07–07–107]
Public Meeting
RIN 1625–AA09
We do not now plan to hold a public
meeting. But you may submit a request
for a meeting by writing to the Bridge
Branch, Seventh Coast Guard District at
the address under ADDRESSES explaining
why one would be beneficial. If we
determine that one would aid this
rulemaking, we will hold one at a time
and place announced by a later notice
in the Federal Register.
Drawbridge Operation Regulations;
Gulf Intracoastal Waterway Mile 131.8,
Belleair Beach, FL
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
jlentini on PROD1PC65 with PROPOSALS
ACTION:
SUMMARY: The Coast Guard proposes to
temporarily change the drawbridge
regulation of the Belleair Beach Bridge,
Gulf Intracoastal Waterway mile 131.8,
Belleair Beach, Pinellas County, Florida.
This proposed rule will require this
drawbridge to open on signal, except
that from 7 a.m. to 7 p.m. this bridge
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33423
Background and Purpose
The existing regulation of the draw
bridge requires that the Belleair
Causeway bridge, mile 131.8 at
Clearwater, shall open on signal; except
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Sfmt 4702
Discussion of Proposed Rule
Regulatory Evaluation
This proposed 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.
We expect the economic impact of
this proposed rule to be so minimal that
a full Regulatory Evaluation is
unnecessary, because the rule will allow
for scheduled bridge openings of this
drawbridge and all waterway
restrictions or closure times will be
published with adequate time for
mariners to plan accordingly.
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33424
Federal Register / Vol. 72, No. 116 / Monday, June 18, 2007 / Proposed Rules
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this proposed 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 proposed rule
would not have a significant economic
impact on a substantial number of small
entities, as the rule will allow for
scheduled bridge openings of this
drawbridge and all waterway
restrictions or closure times will be
published with adequate time for
mariners to plan accordingly.
This proposed rule would affect the
following entities, some of which may
be small entities: The owners or
operators of vessels needing to transit
the Intracoastal Waterway in the
vicinity of the Belleair Beach Bridge,
persons intending to drive over the
bridge, and nearby business owners.
The revision to the opening schedule
will not have a significant impact on a
substantial number of small entities.
Vehicle traffic and small business
owners in the area may benefit from the
improved traffic flow that regularly
scheduled openings will offer this area.
Although bridge openings will be less
frequent, vessel traffic will still be able
to transit the Intracoastal Waterway.
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 (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
jlentini on PROD1PC65 with PROPOSALS
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 proposed 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 the Seventh
Coast Guard District Bridge Branch at
the address under ADDRESSES. The Coast
Guard will not retaliate against small
entities that question or complain about
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16:04 Jun 15, 2007
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this rule or any policy or action of the
Coast Guard.
Collection of Information
This proposed rule would call 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 proposed 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 proposed 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 proposed rule would 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 proposed 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 proposed rule
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. This rule is not an economically
significant rule and would not create an
environmental risk to health or risk to
safety that might disproportionately
affect children.
Indian Tribal Governments
This proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
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Fmt 4702
Sfmt 4702
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 proposed 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 proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
Environment
We have analyzed this proposed rule
under Commandant Instruction
M16475.lD 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, (32)(e), of
the Instruction, from further
environmental documentation. Under
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Federal Register / Vol. 72, No. 116 / Monday, June 18, 2007 / Proposed Rules
figure 2–1, paragraph (32)(e), an
‘‘Environmental Analysis Check List’’ or
‘‘Categorical Exclusion Determination’’
is not required for this rule. Comments
on this section will be considered before
we make the final decision on whether
to categorically exclude this rule from
further environmental review.
List of Subjects in 33 CFR Part 117
Bridges
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 117 as follows:
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05–1(g);
Department of Homeland Security Delegation
No. 0170.1.
2. Revise § 117.287(i) to read as
follows:
§ 117.287
Gulf Intracoastal Waterway.
*
*
*
*
*
(i) The draw of the Belleair Beach
Drawbridge, mile 131.8, Belleair Beach,
FL shall open on signal, except that
from 7 a.m. to 7 p.m., the bridge shall
open on the hour and half-hour.
Dated: May 30, 2007.
D.W. Kunkel,
Rear Admiral, U.S. Coast Guard, Commander,
Seventh Coast Guard District.
[FR Doc. E7–11661 Filed 6–15–07; 8:45 am]
BILLING CODE 4910–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2006–0619; FRL–8327–2]
Revisions to the Nevada State
Implementation Plan, Washoe County
District Health Department
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
jlentini on PROD1PC65 with PROPOSALS
AGENCY:
SUMMARY: EPA is proposing to approve
revisions to the Washoe County District
Health Department (WCDHD) portion of
the Nevada State Implementation Plan
(SIP). These revisions concern opacity,
emissions of carbon monoxide (CO) and
particulate matter (PM) from wood
stoves and fireplaces, and air emergency
episode plans. We are proposing
approval of local rules that help regulate
emission sources under the Clean Air
Act as amended in 1990 (CAA or the
Act).
VerDate Aug<31>2005
16:04 Jun 15, 2007
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Any comments on this proposal
must arrive by July 18, 2007.
ADDRESSES: Submit comments,
identified by docket number EPA–R09–
OAR–2006–0619, by one of the
following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions.
• E-mail: steckel.andrew@epa.gov.
• Mail or deliver: Andrew Steckel
(Air–4), U.S. Environmental Protection
Agency Region IX, 75 Hawthorne Street,
San Francisco, CA 94105.
Instructions: All comments will be
included in the public docket without
change and may be made available
online at https://www.regulations.gov,
including any personal information
provided, unless the comment includes
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Information that
you consider CBI or otherwise protected
should be clearly identified as such and
should not be submitted through
www.regulations.gov or e-mail.
www.regulations.gov is an ‘‘anonymous
access’’ system, and EPA will not know
your identity or contact information
unless you provide it in the body of
your comment. If you send e-mail
directly to EPA, your e-mail address
will be automatically captured and
included as part of the public comment.
If EPA cannot read your comment due
to technical difficulties and cannot
contact you for clarification, EPA may
not be able to consider your comment.
Docket: The index to the docket for
this action is available electronically at
https://www.regulations.gov and in hard
copy at EPA Region IX, 75 Hawthorne
Street, San Francisco, California. While
all documents in the docket are listed in
the index, some information may be
publicly available only at the hard copy
location (e.g., copyrighted material), and
some may not be publicly available in
either location (e.g., CBI). To inspect the
hard copy materials, please schedule an
appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: Al
Petersen, Rulemaking Office (AIR–4),
U.S. Environmental Protection Agency,
Region IX, (415) 947–4118,
petersen.alfred@epa.gov.
SUPPLEMENTARY INFORMATION: This
proposal addresses the following local
rules: WCDHD Rules 010.117, 040.005,
040.051, and 050.001. In the Rules and
Regulations section of this Federal
Register, we are approving these local
rules in a direct final action without
prior proposal because we believe these
SIP revisions are not controversial. If we
DATES:
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33425
receive adverse comments, however, we
will publish a timely withdrawal of the
direct final rule and address the
comments in subsequent action based
on this proposed rule. We do not plan
to open a second comment period, so
anyone interested in commenting
should do so at this time. If we do not
receive adverse comments, no further
activity is planned. For further
information, please see the direct final
action.
Please note that if we receive adverse
comment on an amendment, paragraph,
or section of this rule and if that
provision may be severed from the
remainder of the rule, we may adopt as
final those provisions of the rule that are
not the subject of an adverse comment.
Dated: May 9, 2007.
Laura Yoshii,
Acting Regional Administrator, Region IX.
[FR Doc. E7–11581 Filed 6–15–07; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
42 CFR Part 484
[CMS–1541–CN]
RIN 0938–AO32
Medicare Program; Home Health
Prospective Payment System
Refinement and Rate Update for
Calendar Year 2008; Correction
Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Proposed rule; correction notice.
AGENCY:
SUMMARY: This document corrects
technical errors that appeared in the
proposed rule published in the Federal
Register on May 4, 2007, entitled
‘‘Medicare Program; Home Health
Prospective Payment System
Refinement and Rate Update for
Calendar Year 2008’’ (72 FR 25356).
FOR FURTHER INFORMATION CONTACT:
Randy Throndset, (410) 786–0131.
SUPPLEMENTARY INFORMATION:
I. Background
In FR Doc. 07–2167 of May 4, 2007
(72 FR 25356), there were a number of
technical errors that we identified and
corrected in the Correction of Errors
section below.
II. Summary of Errors
In the May 4, 2007 published
proposed rule, on page 25388, we
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]]>Agencies
[Federal Register Volume 72, Number 116 (Monday, June 18, 2007)]
[Proposed Rules]
[Pages 33423-33425]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-11661]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD07-07-107]
RIN 1625-AA09
Drawbridge Operation Regulations; Gulf Intracoastal Waterway Mile
131.8, Belleair Beach, FL
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to temporarily change the drawbridge
regulation of the Belleair Beach Bridge, Gulf Intracoastal Waterway
mile 131.8, Belleair Beach, Pinellas County, Florida. This proposed
rule will require this drawbridge to open on signal, except that from 7
a.m. to 7 p.m. this bridge will open on the hour and half-hour. This
action is necessary for workers safety and will assist in expediting
the construction of the new bridge.
DATES: Comments and related material must reach the Coast Guard on or
before August 2, 2007.
ADDRESSES: You may mail comments and related material to Commander
(dpb), Seventh Coast Guard District, 909 SE 1st Avenue, Room 432,
Miami, Florida 33131-3050. Commander (dpb) maintains the public docket
for this rulemaking. 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 Commander (dpb), Seventh Coast Guard District,
909 SE 1st Avenue, Room 432, Miami, Florida 33131-3050 between 8 a.m.
and 4:30 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr. Michael Lieberum, Seventh Coast
Guard District, Bridge Branch, telephone number 305-415-6744.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking [CGD07-07-
107], indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
81/2 by 11 inches, suitable for copying. If you would like to know they
reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to the Bridge Branch, Seventh Coast
Guard District at the address under ADDRESSES explaining why one would
be beneficial. If we determine that one would aid this rulemaking, we
will hold one at a time and place announced by a later notice in the
Federal Register.
Background and Purpose
The existing regulation of the draw bridge requires that the
Belleair Causeway bridge, mile 131.8 at Clearwater, shall open on
signal; except that, from 12 noon to 6 p.m., on Saturdays, Sundays, and
holidays, the draw need open only on the hour, quarter hour, half hour,
and three-quarter hour.
Due to the construction of a new high level fixed Bridge, at
Belleair Beach, Intracoastal Waterway mile 131.8, ECDriver,
representing the owner of the bridge, has requested that the Coast
Guard change the current operation of the Belleair Beach Drawbridge.
The drawbridge will be required to open twice an hour from 7 a.m. to 7
p.m. In addition, the waterway may be restricted or closed for short
periods to allow for construction of the new bridge. Exact times and
dates of any waterway restrictions and closures and drawbridge
restrictions will be published in the Local Notice to Mariners and
Broadcast Notice to Mariners. In cases of emergency, the drawbridge
will be opened as soon as possible. This regulation is necessary for
workers safety and will assist in expediting construction of the new
bridge.
Discussion of Proposed Rule
The draw of the Belleair Beach Drawbridge shall open on signal,
except that from 7 a.m. to 7 p.m. the bridge shall open on the hour and
half-hour. Waterway closures shall be authorized by the Captain of the
Port, St Petersburg, as needed and will be published in the Local
Notice to Mariners and Broadcast Notice to Mariners. The draw shall
open as soon as possible for the passage of tugs with tows, public
vessels of the United States and vessels in a situation where a delay
would endanger life or property.
Regulatory Evaluation
This proposed 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.
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary, because the
rule will allow for scheduled bridge openings of this drawbridge and
all waterway restrictions or closure times will be published with
adequate time for mariners to plan accordingly.
[[Page 33424]]
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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 proposed
rule would not have a significant economic impact on a substantial
number of small entities, as the rule will allow for scheduled bridge
openings of this drawbridge and all waterway restrictions or closure
times will be published with adequate time for mariners to plan
accordingly.
This proposed rule would affect the following entities, some of
which may be small entities: The owners or operators of vessels needing
to transit the Intracoastal Waterway in the vicinity of the Belleair
Beach Bridge, persons intending to drive over the bridge, and nearby
business owners. The revision to the opening schedule will not have a
significant impact on a substantial number of small entities. Vehicle
traffic and small business owners in the area may benefit from the
improved traffic flow that regularly scheduled openings will offer this
area. Although bridge openings will be less frequent, vessel traffic
will still be able to transit the Intracoastal Waterway.
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 (see
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 proposed 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 the Seventh Coast Guard District
Bridge Branch at the address under ADDRESSES. The Coast Guard will not
retaliate against small entities that question or complain about this
rule or any policy or action of the Coast Guard.
Collection of Information
This proposed rule would call 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 proposed 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 proposed 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 proposed rule would 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 proposed 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 proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This proposed 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 proposed 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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed rule under Commandant Instruction
M16475.lD 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, (32)(e), of the Instruction,
from further environmental documentation. Under
[[Page 33425]]
figure 2-1, paragraph (32)(e), an ``Environmental Analysis Check List''
or ``Categorical Exclusion Determination'' is not required for this
rule. Comments on this section will be considered before we make the
final decision on whether to categorically exclude this rule from
further environmental review.
List of Subjects in 33 CFR Part 117 Bridges
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
1. The authority citation for part 117 continues to read as
follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05-1(g); Department of
Homeland Security Delegation No. 0170.1.
2. Revise Sec. 117.287(i) to read as follows:
Sec. 117.287 Gulf Intracoastal Waterway.
* * * * *
(i) The draw of the Belleair Beach Drawbridge, mile 131.8, Belleair
Beach, FL shall open on signal, except that from 7 a.m. to 7 p.m., the
bridge shall open on the hour and half-hour.
Dated: May 30, 2007.
D.W. Kunkel,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. E7-11661 Filed 6-15-07; 8:45 am]
BILLING CODE 4910-15-P
