Regulated Navigation Area; Mississippi River, Eighty-One Mile Point, 41624-41626 [E7-14697]

Download as PDF 41624 Federal Register / Vol. 72, No. 146 / Tuesday, July 31, 2007 / Rules and Regulations more; a major increase in costs or prices; or significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of United States-based enterprises to compete with foreign-based enterprises in domestic and export markets. Congressional Review Act The Department has determined that this action pertains to agency management, personnel, and organizations and, accordingly, is not a ‘‘rule’’ as that term is used by the Congressional Review Act (Subtitle E of the Small Business Regulatory Enforcement Fairness Act of 1996). Therefore, the reporting requirement of 5 U.S.C. 801 does not apply. List of Subjects in 28 CFR Part 0 Authority delegations (Government agencies), Government employees, Organization and functions (Government agencies). Accordingly, by virtue of the authority vested in me as Attorney General, including 5 U.S.C. 301 and 28 U.S.C. 509 and 510, part 0 of title 28 of the Code of Federal Regulations is amended as follows: I PART 0—ORGANIZATION OF THE DEPARTMENT OF JUSTICE 1. The authority citation for part 0 continues to read as follows: I Authority: 5 U.S.C. 301; 28 U.S.C. 509, 510, 515–519. § 0.15 Deputy Attorney General. 2. Remove and reserve paragraph (h) of § 0.15. I § 0.19 Associate Attorney General. 3. Remove and reserve paragraph (d) of § 0.19. I Dated: July 25, 2007. Alberto R. Gonzales, Attorney General. [FR Doc. E7–14707 Filed 7–30–07; 8:45 am] BILLING CODE 4410–19–P DEPARTMENT OF HOMELAND SECURITY COAST GUARD 33 CFR Part 165 [CGD08–07–007] rmajette on PROD1PC64 with RULES RIN 1625–AA11 Regulated Navigation Area; Mississippi River, Eighty-One Mile Point AGENCY: Coast Guard, DHS. VerDate Aug<31>2005 13:44 Jul 30, 2007 Jkt 211001 ACTION: Final rule. SUMMARY: The Coast Guard has amended the regulated navigation area (RNA) for the Lower Mississippi River (LMR) mile marker (MM) 233.9 through South and South West Passes by establishing mandatory check-in procedures for vessels transiting on the waters of the Mississippi River between (MM) 167.5 LMR and 187.9 LMR. This rule is needed to minimize the risk of collisions, allisions, and groundings occurring as a result of vessels meeting unanticipated traffic in the vicinity of Eighty-One Mile Point, MM 178 LMR. This rule requires vessels, subject to the Bridge to Bridge Radiotelephone Act (33 U.S.C. 26), to notify Vessel Traffic Center Lower Mississippi River, New Orleans (VTC New Orleans) prior to entering or getting underway in this section of the RNA. DATES: This rule is effective August 30, 2007. ADDRESSES: Documents indicated in this preamble as being in the docket, are part of docket [CGD08–07–007] and are available for inspection or copying at U.S. Coast Guard Marine Safety Unit Baton Rouge, 6041 Crestmount Drive, Baton Rouge, LA 70809 between 7:30 a.m. and 4 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Lieutenant Todd Peterson, Marine Safety Unit Baton Rouge, at (225) 298– 5400. SUPPLEMENTARY INFORMATION: Regulatory Information On April 5, 2007 we published a notice of proposed rulemaking (NPRM) entitled Regulated Navigation Area; Mississippi River, Eighty-One Mile Point in the Federal Register (72 FR 65). We received no comments on the proposed rule. No public meetings were requested and none were held. Background and Purpose From 1999 to 2006 there have been 64 reported collisions, allisions, or groundings on the Lower Mississippi River between MM 167.5 and 187.9. There have been 21 allisions, 2 barge breakaways, 13 collisions and 28 groundings. Of these 64 casualties, 3 were categorized by 46 CFR part 4 as serious marine incidents and 5 as major marine casualties. These casualties have involved all sectors of the maritime industry including deep draft shipping, towing vessels, and barge fleets and have occurred at high, normal and low water conditions. A waterways user group subcommittee of the Lower Mississippi PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 River Waterway Safety Advisory Committee (LMRWSAC) examined marine casualties on the LMR in the vicinity of 81 Mile Point. This subcommittee consisted of members of the pilots association, towing vessel industry, barge fleets and the Coast Guard. This subcommittee reviewed the location and marine investigation associated with each casualty and subjectively examined river conditions within this RNA. This committee determined that existing waterways management tools may not be sufficient to safely navigate in the vicinity of 81 Mile Point. Providing position reports to VTC New Orleans would allow the Coast Guard to track vessels in this RNA and provide advice to mariners about upcoming traffic in an effort to eliminate meeting and overtaking scenarios at Eighty-One Mile Point. Discussion of Comments and Changes There were no comments received on this rule change. No public meetings were requested and none were held. 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. This rule does not prohibit vessel transits, barge fleeting, or towboat operations within the RNA, but merely requires checking in with VTS New Orleans using existing equipment. The impacts on routine navigation are expected to be minimal. 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 does 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 obstruct the regular flow of commercial vessel traffic conducting business within the RNA. It does not require the purchase of additional equipment and instead uses E:\FR\FM\31JYR1.SGM 31JYR1 Federal Register / Vol. 72, No. 146 / Tuesday, July 31, 2007 / Rules and Regulations existing VHF capabilities already required by other laws or regulations. 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 Marine Safety Unit Baton Rouge 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 (Public Law 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 this rule affects your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact LT Todd Peterson, Marine Safety Unit Baton Rouge at (225) 298–5400. 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. rmajette on PROD1PC64 with RULES 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 does 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 affect a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. VerDate Aug<31>2005 13:44 Jul 30, 2007 Jkt 211001 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. PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 41625 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 determined 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 is 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 ‘‘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. 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. 2. Amend § 165.810 by adding paragraph (g) to read as follows: I § 165.810 Mississippi River, LA-regulated navigation area. * * * * * (g) Movement of vessels in the vicinity of Eighty-One Mile Point, Geary LA mm 167.5–187.9 LMR. (1) Prior to proceeding upriver past MM 167.5, LMR, Sunshine Bridge, vessels shall contact Vessel Traffic Center (VTC) New Orleans on VHF Channel 63A to checkin. Vessels must provide name, destination, confirm proper operation of their automated identification system (AIS) if required under 33 CFR 164.46 and, if applicable, size of tow and number of loaded and empty barges. At MM 173.7, LMR, Bringier Point Light, ascending vessels shall contact VTC New Orleans and provide a follow-on E:\FR\FM\31JYR1.SGM 31JYR1 41626 Federal Register / Vol. 72, No. 146 / Tuesday, July 31, 2007 / Rules and Regulations position check. At both check-in and follow-on position check, VTC New Orleans will advise the vessel on traffic approaching Eighty-One Mile Point. (2) Prior to proceeding downriver past MM 187.9, LMR, COS-MAR Lights, vessels shall contact Vessel Traffic Center (VTC) New Orleans on VHF Channel 63A to check-in. Vessels must provide name, destination, confirm proper operation of their automated identification system (AIS) if required under 33 CFR 164.46 and, if applicable, size of tow and number of loaded and empty barges. At MM 183.9 LMR, Wyandotte Chemical Dock Lights, descending vessels shall contact VTC New Orleans and provide a follow-on position check. At both check-in and follow-on position check VTC New Orleans will advise the vessel on traffic approaching Eighty-One Mile Point. (3) All vessels getting underway between miles 167.5 and 187.9 must check-in with VTC New Orleans on VHF Channel 63A immediately prior to getting underway and must comply with the respective ascending and descending check-in and follow-on points listed in paragraphs (g)(1) and (g)(2) above. (4) Fleet vessels must check-in with VTC New Orleans if they leave their respective fleet or if they move into the main channel. Fleet vessels are not required to check-in if they are operating exclusively within their fleet. Dated: July 16, 2007. J.R. Whitehead, Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District. [FR Doc. E7–14697 Filed 7–30–07; 8:45 am] BILLING CODE 4910–15–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [Docket No. EPA–R02–OAR–2006–0162, FRL–8444–9] Approval and Promulgation of Implementation Plans; Implementation Plan Revision; State of New Jersey Environmental Protection Agency (EPA). ACTION: Final rule. rmajette on PROD1PC64 with RULES AGENCY: SUMMARY: The Environmental Protection Agency is approving a request from the State of New Jersey to revise its State Implementation Plan (SIP) for ozone to incorporate state-adopted amendments to Subchapter 19 ‘‘Control and Prohibition of Air Pollution from Oxides of Nitrogen’’ and related amendments to VerDate Aug<31>2005 13:44 Jul 30, 2007 Jkt 211001 Subchapter 16 ‘‘Control and Prohibition of Air Pollution by Volatile Organic Compounds.’’ The amendments relate to the control of oxides of nitrogen (NOX) emissions from stationary industrial sources. This SIP revision consists of control measures needed to meet the shortfall in emission reductions in New Jersey’s 1-hour ozone attainment demonstration SIP as identified by EPA. The intended effect of this action is to approve the state control strategy, which will result in emission reductions that will help achieve attainment of the national ambient air quality standards for ozone required by the Clean Air Act (the Act). DATES: Effective Date: This rule will be effective August 30, 2007. ADDRESSES: EPA has established a docket for this action under the Federal Docket Management System (FDMS) which replaces the Regional Materials in EDOCKET (RME) docket system. The new FDMS is located at http:// www.regulations.gov and the docket ID for this action is EPA–R02–OAR–2006– 0162. All documents in the docket are listed in the FDMS index. Publicly available docket materials are available either electronically in FDMS or in hard copy at the Environmental Protection Agency, Region 2 Office, Air Programs Branch, 290 Broadway, 25th Floor, New York, New York 10007–1866. Copies of the documents relevant to this action are also available for public inspection during normal business hours, by appointment at the Air and Radiation Docket and Information Center, Environmental Protection Agency, Room 3334, 1301 Constitution Avenue, NW., Washington, DC; and the New Jersey Department of Environmental Protection, Office of Energy, Bureau of Air Quality Planning, 401 East State Street, CN027, Trenton, New Jersey 08625. FOR FURTHER INFORMATION CONTACT: Anthony (Ted) Gardella, Gardella.anthony@epa.gov, Air Programs Branch, U.S. Environmental Protection Agency, 290 Broadway, 25th Floor, New York, New York 10007– 1866, (212) 637–3892. SUPPLEMENTARY INFORMATION: For detailed information and EPA’s analysis of New Jersey’s revision to its State Implementation Plan (SIP) for ozone see EPA’s proposed rulemaking action (72 FR 11812, March 14, 2007) which can be viewed at http:// www.regulations.gov. The following table of contents describes the format for this notice. Table of Contents I. What Action Is EPA Taking Today? PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 II. What Comments Were Received and How Has EPA Responded to Them? III. What Role Does This Rule Play in the Ozone SIP? IV. What Are EPA’s Conclusions? V. Statutory and Executive Order Reviews I. What Action Is EPA Taking Today? New Jersey submitted a revision to the State Implementation Plan (SIP) for ozone dated December 16, 2005, for EPA approval, that includes a new rule and amendments to Subchapter 19 ‘‘Control and Prohibition of Air Pollution from Oxides of Nitrogen’’; Subchapter 16 ‘‘Control and Prohibition of Air Pollution by Volatile Organic Compounds’’; Subchapter 8 ‘‘Permits and Certificates for Minor Facilities (and Major Facilities Without an Operating Permit)’’; and Subchapter 22 ‘‘Operating Permits.’’ Except for certain Open Market Emissions Trading (OMET) Program provisions in Subchapters 8, 16, and 19, and compliance dates beyond November 15, 2007 for repowering and innovative control technology, EPA is approving, as revisions to the New Jersey ozone SIP, the state-adopted amendments to Subchapter 19 and Subchapter 16, each adopted by New Jersey on September 8, 2005, and submitted to EPA on December 16, 2005. EPA is currently reviewing past amendments to Subchapter 8 and will address the approvability of all Subchapter 8 amendments at the same time in a future action. Subchapter 22 is New Jersey’s operating permit rule that was separately approved under title V of the Clean Air Act and therefore Subchapter 22 should not have been submitted as a SIP revision. EPA has reviewed the new amendments to Subchapter 22 and will formally respond to New Jersey with a letter. New Jersey amended Subchapter 19 to reduce emissions of NOX in response to emission reduction shortfalls, identified by EPA (64 FR 70380, December 16, 1999), for attainment of New Jersey’s 1hour ozone standard. New Jersey amended Subchapter 16 to be consistent with amendments to Subchapter 19. Except for certain OMET provisions in Subchapters 8, 16, and 19, and compliance dates beyond November 15, 2007 for repowering and innovative control technology, New Jersey’s stateadopted Subchapters 16 and 19 are fully approvable as a SIP-strengthening measure for New Jersey’s ground level ozone SIP. The amendments to Subchapters 16 and 19 in New Jersey’s submittal to EPA meet New Jersey’s commitment by adopting control measures for additional emission reductions to attain the 1-hour ozone E:\FR\FM\31JYR1.SGM 31JYR1

Agencies

[Federal Register Volume 72, Number 146 (Tuesday, July 31, 2007)]
[Rules and Regulations]
[Pages 41624-41626]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-14697]


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DEPARTMENT OF HOMELAND SECURITY

COAST GUARD

33 CFR Part 165

[CGD08-07-007]
RIN 1625-AA11


Regulated Navigation Area; Mississippi River, Eighty-One Mile 
Point

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard has amended the regulated navigation area 
(RNA) for the Lower Mississippi River (LMR) mile marker (MM) 233.9 
through South and South West Passes by establishing mandatory check-in 
procedures for vessels transiting on the waters of the Mississippi 
River between (MM) 167.5 LMR and 187.9 LMR. This rule is needed to 
minimize the risk of collisions, allisions, and groundings occurring as 
a result of vessels meeting unanticipated traffic in the vicinity of 
Eighty-One Mile Point, MM 178 LMR. This rule requires vessels, subject 
to the Bridge to Bridge Radiotelephone Act (33 U.S.C. 26), to notify 
Vessel Traffic Center Lower Mississippi River, New Orleans (VTC New 
Orleans) prior to entering or getting underway in this section of the 
RNA.

DATES: This rule is effective August 30, 2007.

ADDRESSES: Documents indicated in this preamble as being in the docket, 
are part of docket [CGD08-07-007] and are available for inspection or 
copying at U.S. Coast Guard Marine Safety Unit Baton Rouge, 6041 
Crestmount Drive, Baton Rouge, LA 70809 between 7:30 a.m. and 4 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Todd Peterson, Marine 
Safety Unit Baton Rouge, at (225) 298-5400.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On April 5, 2007 we published a notice of proposed rulemaking 
(NPRM) entitled Regulated Navigation Area; Mississippi River, Eighty-
One Mile Point in the Federal Register (72 FR 65). We received no 
comments on the proposed rule. No public meetings were requested and 
none were held.

Background and Purpose

    From 1999 to 2006 there have been 64 reported collisions, 
allisions, or groundings on the Lower Mississippi River between MM 
167.5 and 187.9. There have been 21 allisions, 2 barge breakaways, 13 
collisions and 28 groundings. Of these 64 casualties, 3 were 
categorized by 46 CFR part 4 as serious marine incidents and 5 as major 
marine casualties. These casualties have involved all sectors of the 
maritime industry including deep draft shipping, towing vessels, and 
barge fleets and have occurred at high, normal and low water 
conditions.
    A waterways user group subcommittee of the Lower Mississippi River 
Waterway Safety Advisory Committee (LMRWSAC) examined marine casualties 
on the LMR in the vicinity of 81 Mile Point. This subcommittee 
consisted of members of the pilots association, towing vessel industry, 
barge fleets and the Coast Guard. This subcommittee reviewed the 
location and marine investigation associated with each casualty and 
subjectively examined river conditions within this RNA. This committee 
determined that existing waterways management tools may not be 
sufficient to safely navigate in the vicinity of 81 Mile Point. 
Providing position reports to VTC New Orleans would allow the Coast 
Guard to track vessels in this RNA and provide advice to mariners about 
upcoming traffic in an effort to eliminate meeting and overtaking 
scenarios at Eighty-One Mile Point.

Discussion of Comments and Changes

    There were no comments received on this rule change. No public 
meetings were requested and none were held.

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.
    This rule does not prohibit vessel transits, barge fleeting, or 
towboat operations within the RNA, but merely requires checking in with 
VTS New Orleans using existing equipment. The impacts on routine 
navigation are expected to be minimal.

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 does 
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 obstruct the regular flow of 
commercial vessel traffic conducting business within the RNA. It does 
not require the purchase of additional equipment and instead uses

[[Page 41625]]

existing VHF capabilities already required by other laws or 
regulations.
    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 Marine 
Safety Unit Baton Rouge 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 (Public Law 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 this rule 
affects your small business, organization, or governmental jurisdiction 
and you have questions concerning its provisions or options for 
compliance, please contact LT Todd Peterson, Marine Safety Unit Baton 
Rouge at (225) 298-5400.

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 does 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 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 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 determined 
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 is 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 
``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, 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. Amend Sec.  165.810 by adding paragraph (g) to read as follows:


Sec.  165.810  Mississippi River, LA-regulated navigation area.

* * * * *
    (g) Movement of vessels in the vicinity of Eighty-One Mile Point, 
Geary LA mm 167.5-187.9 LMR. (1) Prior to proceeding upriver past MM 
167.5, LMR, Sunshine Bridge, vessels shall contact Vessel Traffic 
Center (VTC) New Orleans on VHF Channel 63A to check-in. Vessels must 
provide name, destination, confirm proper operation of their automated 
identification system (AIS) if required under 33 CFR 164.46 and, if 
applicable, size of tow and number of loaded and empty barges. At MM 
173.7, LMR, Bringier Point Light, ascending vessels shall contact VTC 
New Orleans and provide a follow-on

[[Page 41626]]

position check. At both check-in and follow-on position check, VTC New 
Orleans will advise the vessel on traffic approaching Eighty-One Mile 
Point.
    (2) Prior to proceeding downriver past MM 187.9, LMR, COS-MAR 
Lights, vessels shall contact Vessel Traffic Center (VTC) New Orleans 
on VHF Channel 63A to check-in. Vessels must provide name, destination, 
confirm proper operation of their automated identification system (AIS) 
if required under 33 CFR 164.46 and, if applicable, size of tow and 
number of loaded and empty barges. At MM 183.9 LMR, Wyandotte Chemical 
Dock Lights, descending vessels shall contact VTC New Orleans and 
provide a follow-on position check. At both check-in and follow-on 
position check VTC New Orleans will advise the vessel on traffic 
approaching Eighty-One Mile Point.
    (3) All vessels getting underway between miles 167.5 and 187.9 must 
check-in with VTC New Orleans on VHF Channel 63A immediately prior to 
getting underway and must comply with the respective ascending and 
descending check-in and follow-on points listed in paragraphs (g)(1) 
and (g)(2) above.
    (4) Fleet vessels must check-in with VTC New Orleans if they leave 
their respective fleet or if they move into the main channel. Fleet 
vessels are not required to check-in if they are operating exclusively 
within their fleet.

    Dated: July 16, 2007.
J.R. Whitehead,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
 [FR Doc. E7-14697 Filed 7-30-07; 8:45 am]
BILLING CODE 4910-15-P