Drawbridge Operation Regulations; Gulf Intracoastal Waterway Mile 131.8, Belleair Beach, FL, 33423-33425 [E7-11661]

Download as PDF 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 VerDate Aug<31>2005 16:04 Jun 15, 2007 Jkt 211001 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 PO 00000 Frm 00015 Fmt 4702 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. E:\FR\FM\18JNP1.SGM 18JNP1 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 VerDate Aug<31>2005 16:04 Jun 15, 2007 Jkt 211001 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 PO 00000 Frm 00016 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 E:\FR\FM\18JNP1.SGM 18JNP1 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 Jkt 211001 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: http:// 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 http://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 http://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: PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 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 E:\FR\FM\18JNP1.SGM 18JNP1

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