Drawbridge Operation Regulations; Gowanus Canal, Brooklyn, NY, 53202-53204 [E7-18302]
Download as PDF
<![CDATA[
53202
Federal Register / Vol. 72, No. 180 / Tuesday, September 18, 2007 / Proposed Rules
section for address and
phone number). You may also submit
comments through the Internet at
https://dms.dot.gov.
Commenters wishing the FAA to
acknowledge receipt of their comments
on this action must submit with those
comments a self-addressed stamped
postcard on which the following
statement is made: ‘‘Comments to FAA
Docket No. FAA–2007–28649 and
Airspace Docket No. 07–ANM–10’’. The
postcard will be date/time stamped and
returned to the commenter.
All communications received on or
before the specified closing date for
comments will be considered before
taking action on the proposed rule. The
proposal contained in this action may
be changed in light of comments
received. All comments submitted will
be available for examination in the
public docket both before and after the
closing date for comments. A report
summarizing each substantive public
contact with FAA personnel concerned
with this rulemaking will be filed in the
docket.
ADDRESSES
rwilkins on PROD1PC63 with PROPOSALS
Availability of NPRM’s
An electronic copy of this document
may be downloaded through the
Internet at https://dms.dot.gov. Recently
published rulemaking documents can
also be accessed through the FAA’s Web
page at https://www.faa.gov or the
Federal Register’s Web page at https://
www.gpoaccess.gov/fr/.
You may review the public docket
containing the proposal, any comments
received, and any final disposition in
person in the Dockets Office (see the
ADDRESSES section for the address and
phone number) between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays. An informal docket
may also be examined during normal
business hours at the Northwest
Mountain Regional Office of the Federal
Aviation Administration, Air Traffic
Organization, Western Service Area,
System Support Group, 1601 Lind
Avenue, SW., Renton, WA 98057.
Persons interested in being placed on
a mailing list for future NPRM’s should
contact the FAA’s Office of Rulemaking,
(202) 267–9677, for a copy of Advisory
Circular No. 11–2A, Notice of Proposed
Rulemaking Distribution System, which
describes the application procedure.
The Proposal
The FAA is proposing an amendment
to Title 14 Code of Federal Regulations
(14 CFR) part 71 by establishing Class E
airspace at Wheatland, WY. Additional
controlled airspace is necessary to
accommodate aircraft using the new
RNAV (GPS) SIAP at Wheatland Phifer
VerDate Aug<31>2005
18:58 Sep 17, 2007
Jkt 211001
Airfield. This action would enhance the
safety and management of aircraft
operations at Phifer Airfield,
Wheatland, WY.
Class E airspace designations are
published in paragraph 6005 of FAA
Order 7400.9P, dated September 1,
2006, and effective September 15, 2006,
which is incorporated by reference in 14
CFR 71.1. The Class E airspace
designation listed in this document will
be published subsequently in this
Order.
The FAA has determined that this
proposed regulation only involves an
established body of technical
regulations for which frequent and
routine amendments are necessary to
keep them operationally current.
Therefore, this proposed regulation; (1)
Is not a ‘‘significant regulatory action’’
under Executive Order 12866; (2) is not
a ‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
regulatory evaluation as the anticipated
impact is so minimal. Since this is a
routine matter that will only affect air
traffic procedures and air navigation, it
is certified that this proposed rule,
when promulgated, would not have a
significant economic impact on a
substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
The Proposed Amendment
Accordingly, pursuant to the
authority delegated to me, the Federal
Aviation Administration proposes to
amend 14 CFR part 71 as follows:
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for 14 CFR
part 71 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40103, 40113,
40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–
1963 Comp., p. 389.
§ 71.1
[Amended].
2. The incorporation by reference in
14 CFR 71.1 of the FAA Order 7400.9P,
Airspace Designations and Reporting
Points, dated September 1, 2006, and
effective September 15, 2006 is
amended as follows:
Paragraph 6005. Class E airspace areas
extending upward from 700 feet or more
above the surface of the earth.
*
PO 00000
*
*
Frm 00032
*
Fmt 4702
*
Sfmt 4702
ANM WY E5 Wheatland, WY [New]
Wheatland, Phifer Airfield, WY
(Lat. 43°03 20 N., long. 104°55 43 W.)
That airspace extending upward from 700
feet above the surface within a 9-mile radius
of Phifer Airfield, WY and within 4 miles
north and 4 miles south of the Phifer
Airfield, WY 080° radial extending from the
9-mile radius to 12.90 miles east of the Phifer
Airfield, WY.
*
*
*
*
*
Issued in Seattle, Washington, on August
20, 2007.
Clark Desing,
Manager, System Support Group, Western
Service Area.
[FR Doc. E7–18332 Filed 9–17–07; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[CGD01–07–130]
RIN 1625–AA09
Drawbridge Operation Regulations;
Gowanus Canal, Brooklyn, NY
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
SUMMARY: The Coast Guard proposes to
temporarily change the drawbridge
operating regulations governing the
operation of the Hamilton Avenue
Bridge, mile 1.2, across the Gowanus
Canal at Brooklyn, New York. This
proposed rule would allow the bridge
owner to require a four-hour notice for
bridge openings from November 5, 2007
to January 15, 2009. This rule is
necessary to facilitate rehabilitation
construction at the bridge.
DATES: Comments and related material
must reach the Coast Guard on or before
October 18, 2007. The proposed
amendment of 33 CFR 117.787 would be
effective from November 5, 2007 to
January 15, 2009.
ADDRESSES: You may mail comments
and related material to Commander
(dpb), First Coast Guard District Bridge
Branch, One South Street, Battery Park
Building, New York, New York, 10004,
or deliver them to the same address
between 7 a.m. and 3 p.m., Monday
through Friday, except, Federal
holidays. The telephone number is (212)
668–7165. The First Coast Guard
District, Bridge Branch, maintains the
public docket for this rulemaking.
Comments and material received from
the public, as well as documents
indicated in this preamble as being
E:\FR\FM\18SEP1.SGM
18SEP1
Federal Register / Vol. 72, No. 180 / Tuesday, September 18, 2007 / Proposed Rules
available in the docket, will become part
of this docket and will be available for
inspection or copying at the First Coast
Guard District, Bridge Branch, between
7 a.m. and 3 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Ms.
Judy Leung-Yee, Project Officer, First
Coast Guard District, (212) 668–7195.
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 (CGD01–07–130),
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 8 1/2 by 11
inches, suitable for copying. If you
would like to know if 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.
rwilkins on PROD1PC63 with PROPOSALS
Public Meeting
We do not now plan to hold a public
meeting; however, you may submit a
request for a meeting by writing to the
First Coast Guard District, Bridge
Branch, 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 Hamilton Avenue Bridge has a
vertical clearance of 19 feet at mean
high water, and 23 feet at mean low
water in the closed position. The
existing drawbridge operating
regulations listed at 33 CFR 117.5,
require the bridge to open on signal at
all times.
The bridge owner, New York City
Department of Transportation
(NYCDOT), has requested a temporary
rule to facilitate structural, electrical
and mechanical rehabilitation at the
Hamilton Avenue Bridge.
Under this temporary rule the
Hamilton Avenue Bridge would open on
signal after at least a four-hour advance
notice is given by calling (201) 400–
5243.
Major rehabilitation bridge repairs
have been ongoing at the Hamilton
Avenue Bridge since March 2007. The
bridge owner NYCDOT, requested a
VerDate Aug<31>2005
18:58 Sep 17, 2007
Jkt 211001
temporary deviation from the
drawbridge operation regulations to
help facilitate bridge rehabilitation
repairs at the Hamilton Avenue Bridge.
As a result of that request the Coast
Guard authorized a temporary deviation
[CGD01–07–026] on March 15, 2007,
which required mariners to provide a
four-hour advance notice for bridge
openings from April 6, 2007 through
September 29, 2007.
On August 7, 2007, the Coast Guard
received a second request from the
bridge owner NYCDOT, to extend the
four-hour advance notice requirement at
the Hamilton Avenue Bridge through
January 15, 2009, in order to facilitate
the remaining rehabilitation bridge
repairs.
Discussion of Proposed Rule
This proposed change would allow
the bridge owner to require at least a
four-hour advance notice for bridge
openings from November 5, 2007
through January 15, 2009, in order to
facilitate bridge rehabilitation repairs.
The Gowanus Canal supports both
recreational and commercial navigation.
The Coast Guard contacted all known
facilities that normally use the Hamilton
Avenue Bridge and no objections to the
temporary rule were received.
The Coast Guard believes the
proposed temporary rule is reasonable
and necessary to allow the contractor to
complete the bridge rehabilitation
repairs at the bridge in order to assure
the safe reliable continued operation of
the bridge.
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
(DHS.)
We expect the economic impact of
this proposed rule to be so minimal that
a full Regulatory Evaluation under the
regulatory policies and procedures of
DHS is unnecessary.
This conclusion is based on the fact
that all vessel traffic will still be able to
transit through the bridge at all times
after providing the four-hour advance
notice for bridge openings.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
PO 00000
Frm 00033
Fmt 4702
Sfmt 4702
53203
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
section 5 U.S.C. 605(b) that this
proposed rule would not have a
significant economic impact on a
substantial number of small entities.
This conclusion is based on the fact
that all vessel traffic will still be able to
transit through the bridge at all times
after providing the four-hour advance
notice for bridge openings.
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, Commander
(dpb), First Coast Guard District, Bridge
Branch, One South Street, New York,
NY, 10004. The telephone number is
(212) 668–7165. 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.
E:\FR\FM\18SEP1.SGM
18SEP1
53204
Federal Register / Vol. 72, No. 180 / Tuesday, September 18, 2007 / Proposed 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 proposed rule would not
result in such an expenditure, we do
discuss the effects of this rule elsewhere
in this preamble.
Taking of Private Property
This 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.
rwilkins on PROD1PC63 with PROPOSALS
Indian Tribal Governments
This 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
VerDate Aug<31>2005
18:58 Sep 17, 2007
Jkt 211001
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
M16475.1D, and Department of
Homeland Security Management
Directive 5100.1, which guides the
Coast Guard in complying with the
National Environmental Policy Act of
1969 (NEPA) (42 U.S.C. 4321–4370f),
and have made a preliminary
determination that there are no factors
in this case that would limit the use of
a categorical exclusion under section
2.B.2 of the Instruction. Therefore, we
believe that this rule should be
categorically excluded, under figure 2–
1, paragraph (32)(e) of the Instruction,
from further environmental
documentation as this action relates to
the promulgation of operating
regulations or procedures for
drawbridges. Under figure 2–1,
paragraph (32)(e) of the Instruction, an
‘‘Environmental Analysis Checklist’’ 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.
Regulations
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 117 as follows:
PO 00000
Frm 00034
Fmt 4702
Sfmt 4702
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. From November 5, 2007 to January
15, 2009, revise § 117.787 to read as
follows:
§ 117.787
Gowanus Canal.
(a) The draws of the Ninth Street
Bridge, mile 1.4, the Third Street Bridge,
mile 1.8, the Carroll Street Bridge, mile
2.0, and the Union Street Bridge, mile
2.1, at Brooklyn, shall open on signal if
at least a two-hour advance notice is
given to the New York City Department
of Transportation (NYCDOT), Radio
Hotline, or the NYCDOT Bridge
Operations Office.
(b) The draw of the Hamilton Avenue
Bridge, mile 1.2, shall open on signal
after at least a four-hour advance notice
is given by calling (201) 400–5243. This
paragraph is effective from November 7,
2007 to January 15, 2009.
Dated: September 7 2007.
Timothy S. Sullivan,
Rear Admiral, U.S. Coast Guard Commander,
First Coast Guard District.
[FR Doc. E7–18302 Filed 9–17–07; 8:45 am]
BILLING CODE 4910–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 9, 89, and 1039
[EPA–HQ–OAR–2007–0652; FRL–8467–1]
RIN 2060–AO37
Nonroad Diesel Technical
Amendments and Tier 3 Technical
Relief Provision
Environmental Protection
Agency (EPA).
ACTION: Notice of proposed rulemaking.
AGENCY:
SUMMARY: In this proposed rulemaking,
EPA is making certain technical
corrections to the rules establishing
emission standards for nonroad diesel
engines. In addition, we are amending
those rules to provide nonroad diesel
equipment manufacturers with a
production technical relief provision for
Tier 3 equipment which is similar to the
technical relief provision already
available for Tier 4 equipment. Like the
Tier 4 provisions, the new Tier 3
technical relief provision deals with a
situation where an equipment
manufacturer which is not vertically
integrated with its engine supplier is
E:\FR\FM\18SEP1.SGM
18SEP1
]]>Agencies
[Federal Register Volume 72, Number 180 (Tuesday, September 18, 2007)]
[Proposed Rules]
[Pages 53202-53204]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-18302]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD01-07-130]
RIN 1625-AA09
Drawbridge Operation Regulations; Gowanus Canal, Brooklyn, NY
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to temporarily change the drawbridge
operating regulations governing the operation of the Hamilton Avenue
Bridge, mile 1.2, across the Gowanus Canal at Brooklyn, New York. This
proposed rule would allow the bridge owner to require a four-hour
notice for bridge openings from November 5, 2007 to January 15, 2009.
This rule is necessary to facilitate rehabilitation construction at the
bridge.
DATES: Comments and related material must reach the Coast Guard on or
before October 18, 2007. The proposed amendment of 33 CFR 117.787 would
be effective from November 5, 2007 to January 15, 2009.
ADDRESSES: You may mail comments and related material to Commander
(dpb), First Coast Guard District Bridge Branch, One South Street,
Battery Park Building, New York, New York, 10004, or deliver them to
the same address between 7 a.m. and 3 p.m., Monday through Friday,
except, Federal holidays. The telephone number is (212) 668-7165. The
First Coast Guard District, Bridge Branch, maintains the public docket
for this rulemaking. Comments and material received from the public, as
well as documents indicated in this preamble as being
[[Page 53203]]
available in the docket, will become part of this docket and will be
available for inspection or copying at the First Coast Guard District,
Bridge Branch, between 7 a.m. and 3 p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Ms. Judy Leung-Yee, Project Officer,
First Coast Guard District, (212) 668-7195.
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 (CGD01-07-
130), 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
8 1/2 by 11 inches, suitable for copying. If you would like to know if
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; however, you may
submit a request for a meeting by writing to the First Coast Guard
District, Bridge Branch, 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 Hamilton Avenue Bridge has a vertical clearance of 19 feet at
mean high water, and 23 feet at mean low water in the closed position.
The existing drawbridge operating regulations listed at 33 CFR 117.5,
require the bridge to open on signal at all times.
The bridge owner, New York City Department of Transportation
(NYCDOT), has requested a temporary rule to facilitate structural,
electrical and mechanical rehabilitation at the Hamilton Avenue Bridge.
Under this temporary rule the Hamilton Avenue Bridge would open on
signal after at least a four-hour advance notice is given by calling
(201) 400-5243.
Major rehabilitation bridge repairs have been ongoing at the
Hamilton Avenue Bridge since March 2007. The bridge owner NYCDOT,
requested a temporary deviation from the drawbridge operation
regulations to help facilitate bridge rehabilitation repairs at the
Hamilton Avenue Bridge.
As a result of that request the Coast Guard authorized a temporary
deviation [CGD01-07-026] on March 15, 2007, which required mariners to
provide a four-hour advance notice for bridge openings from April 6,
2007 through September 29, 2007.
On August 7, 2007, the Coast Guard received a second request from
the bridge owner NYCDOT, to extend the four-hour advance notice
requirement at the Hamilton Avenue Bridge through January 15, 2009, in
order to facilitate the remaining rehabilitation bridge repairs.
Discussion of Proposed Rule
This proposed change would allow the bridge owner to require at
least a four-hour advance notice for bridge openings from November 5,
2007 through January 15, 2009, in order to facilitate bridge
rehabilitation repairs.
The Gowanus Canal supports both recreational and commercial
navigation. The Coast Guard contacted all known facilities that
normally use the Hamilton Avenue Bridge and no objections to the
temporary rule were received.
The Coast Guard believes the proposed temporary rule is reasonable
and necessary to allow the contractor to complete the bridge
rehabilitation repairs at the bridge in order to assure the safe
reliable continued operation of the bridge.
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 (DHS.)
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary.
This conclusion is based on the fact that all vessel traffic will
still be able to transit through the bridge at all times after
providing the four-hour advance notice for bridge openings.
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 section 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
This conclusion is based on the fact that all vessel traffic will
still be able to transit through the bridge at all times after
providing the four-hour advance notice for bridge openings.
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, Commander (dpb), First Coast
Guard District, Bridge Branch, One South Street, New York, NY, 10004.
The telephone number is (212) 668-7165. 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.
[[Page 53204]]
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 would 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 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
M16475.1D, and Department of Homeland Security Management Directive
5100.1, which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that there are no factors in this
case that would limit the use of a categorical exclusion under section
2.B.2 of the Instruction. Therefore, we believe that this rule should
be categorically excluded, under figure 2-1, paragraph (32)(e) of the
Instruction, from further environmental documentation as this action
relates to the promulgation of operating regulations or procedures for
drawbridges. Under figure 2-1, paragraph (32)(e) of the Instruction, an
``Environmental Analysis Checklist'' 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.
Regulations
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. From November 5, 2007 to January 15, 2009, revise Sec. 117.787
to read as follows:
Sec. 117.787 Gowanus Canal.
(a) The draws of the Ninth Street Bridge, mile 1.4, the Third
Street Bridge, mile 1.8, the Carroll Street Bridge, mile 2.0, and the
Union Street Bridge, mile 2.1, at Brooklyn, shall open on signal if at
least a two-hour advance notice is given to the New York City
Department of Transportation (NYCDOT), Radio Hotline, or the NYCDOT
Bridge Operations Office.
(b) The draw of the Hamilton Avenue Bridge, mile 1.2, shall open on
signal after at least a four-hour advance notice is given by calling
(201) 400-5243. This paragraph is effective from November 7, 2007 to
January 15, 2009.
Dated: September 7 2007.
Timothy S. Sullivan,
Rear Admiral, U.S. Coast Guard Commander, First Coast Guard District.
[FR Doc. E7-18302 Filed 9-17-07; 8:45 am]
BILLING CODE 4910-15-P
