Drawbridge Operation Regulations; Liberty Bayou, Slidell, LA, 64177-64179 [E7-22365]
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Federal Register / Vol. 72, No. 220 / Thursday, November 15, 2007 / Proposed Rules
Authority: 33 U.S.C. 499; 33 CFR 1.05–1(g);
Department of Homeland Security Delegation
No. 0170.1.
2. § 117.500 is revised to read as
follows:
§ 117.500
Tchefuncta River.
The draw of the SR 22 Bridge, mile
2.5, at Madisonville, shall open on
signal from 7 p.m. to 6 a.m. From 6 a.m.
to 7 p.m., the draw need only open on
the hour and half hour, except that,
from 6 a.m. to 9 a.m. and from 4 p.m.
to 7 p.m. Monday through Friday except
Federal holidays, the draw need only
open on the hour.
Dated: November 6, 2007.
J.H. Korn,
Captain, U.S. Coast Guard, Acting
Commander, 8th Coast Guard Dist.
[FR Doc. E7–22363 Filed 11–14–07; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[CGD08–06–010]
RIN 1625–AA09
Drawbridge Operation Regulations;
Liberty Bayou, Slidell, LA
Coast Guard, DHS.
Supplemental notice of
proposed rulemaking.
AGENCY:
sroberts on PROD1PC70 with PROPOSALS
ACTION:
SUMMARY: The Coast Guard is proposing
to change the operating schedule for the
State Route 433 (S433) pontoon span
bridge across Liberty Bayou, mile 2.0, at
Slidell, St. Tammany Parish, Louisiana.
The proposed rule would allow the
Louisiana Department of Transportation
and Development, owner of the bridge,
to reduce the hours of manned
operation of the bridge in order to make
more efficient use of personnel and
operating resources.
DATES: Comments and related material
must reach the Coast Guard on or before
January 14, 2008.
ADDRESSES: You may mail comments
and related material to Commander
(dpb), Eighth Coast Guard District, 500
Poydras Street, New Orleans, Louisiana
70130–3310. The Commander, Eighth
Coast Guard District, Bridge
Administration 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
available in the docket, will become part
of this docket and will be available for
VerDate Aug<31>2005
15:52 Nov 14, 2007
Jkt 214001
inspection or copying at the Bridge
Administration office between 7 a.m.
and 3 p.m., Monday through Friday
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Phil
Johnson, Bridge Administration Branch,
telephone (504) 671–2128.
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 [CGD08–06–010],
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. You may submit a request for
a meeting by writing to Commander,
Eighth Coast Guard District, Bridge
Administration 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 Coast Guard previously
published a Notice of Proposed
Rulemaking in the Federal Register
[CGD08–06–010] on May 4, 2006 (86 FR
26290). The proposed rule would have
changed the notice required for an
opening from 12 hours to 4 hours. The
Coast Guard did not receive any
comments as a result of the Notice of
Proposed Rulemaking, but a final rule
was not published. Subsequently, the
bridge owner requested that the
operating regulation for the bridge again
be revised so that the bridge will open
on signal, except that from 7 p.m. to 7
a.m., the bridge will open on signal if
at least 2 hours notice is given.
The Louisiana Department of
Transportation and Development has
requested that the operating regulation
of the S433 pontoon span bridge be
changed in order to make more efficient
use of operating resources. Currently,
the draw of the S433 Bridge opens on
signal except that from 9 p.m. to 5 a.m.
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Sfmt 4702
64177
the draw will open on signal if at least
12 hours notice is given, as required by
33 CFR 117.469.
Traffic counts indicate that an average
of 6000 vehicles cross the bridge daily
and approximately 1025, or 17.1% of
those, cross between the hours of 7 p.m.
and 7 a.m. Bridge tender logs for a threemonth period show that the bridge
opened 540 times, or an average of 6
times per day, to pass vessels. Of those
vessel openings during the three-month
period, 56, or 10.2% of them, were
between the hours of 7 p.m. and 7 a.m.
Most of the boats requesting openings
are recreational fishing vessels,
recreational powerboats and sailboats
that routinely transit this waterway and
are able to give advance notice.
Concurrent with the publication of
the Notice of Proposed Rulemaking, a
Test Deviation [CGD08–07–032] has
been issued to allow the Louisiana
Department of Transportation and
Development to test the proposed
schedule and to obtain data and public
comments. The test period will be in
effect during the entire Notice of
Proposed Rulemaking comment period.
The Coast Guard will review the logs of
the drawbridge and evaluate public
comments from this Supplemental
Notice of Proposed Rulemaking and the
above referenced Test Deviation to
determine if a permanent special
drawbridge operating regulation is
warranted.
The Test Deviation allows the draw of
the S433 Bridge to open on signal,
except that between 7 p.m. and 7 a.m.
daily, the bridge will open on signal if
at least 2 hours notice is given.
On November 24, 2006 a Coast Guard
Bridge Permit was issued approving the
construction of a new swing span bridge
to be constructed to replace the existing
pontoon span bridge. Upon completion
of construction, the new bridge will
provide a vertical clearance of 7.59 feet
above the 2% flow line. While this
vertical clearance will accommodate
many small recreational boats, larger
vessels will still require an opening of
the draw for passage. The schedule
proposed in this SNPRM would be
carried over to this new bridge.
Discussion of Proposed Rule
The proposed rule change to 33 CFR
117.469 would require that, between the
hours of 7 p.m. and 7 a.m., a 2-hour
notice be given for the Louisiana
Department of Transportation and
Development to open the draw of the
S433 Bridge. This change would reduce
the amount of time that a bridge tender
would need to man the bridge, making
more efficient use of operating
resources.
E:\FR\FM\15NOP1.SGM
15NOP1
64178
Federal Register / Vol. 72, No. 220 / Thursday, November 15, 2007 / Proposed Rules
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.
We expect the economic impact of
this proposed rule to be so minimal that
a full Regulatory Evaluation is
unnecessary.
This conclusion is based on the fact
that all vessel traffic will still be able to
transit through the bridge between 7
p.m. and 7 a.m. after providing the twohour 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 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 proposed rule would affect
a limited number of small entities.
These entities include operators of
recreational fishing vessels, powerboats
and sailboats using the waterway. This
proposed rule will have no impact on
any small entities because they are able
to give notice prior to transiting through
this bridge and most vessel operators
that require an opening are currently
providing advance notice.
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.
sroberts on PROD1PC70 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
VerDate Aug<31>2005
15:52 Nov 14, 2007
Jkt 214001
business, organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the Eighth
Coast Guard District Bridge
Administration Branch at the address
above. 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
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Fmt 4702
Sfmt 4702
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
E:\FR\FM\15NOP1.SGM
15NOP1
Federal Register / Vol. 72, No. 220 / Thursday, November 15, 2007 / Proposed Rules
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
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. § 117.469 is revised to read as
follows:
§ 117.469
Liberty Bayou.
The draw of the S433 Bridge, mile 2.0
at Slidell, shall open on signal, except
that between 7 p.m. and 7 a.m., the
draw shall open on signal if at least 2
hours notice is given.
Dated: November 6, 2007.
J.H. Korn,
Captain, U.S. Coast Guard, Acting
Commander, 8th Coast Guard Dist.
[FR Doc. E7–22365 Filed 11–14–07; 8:45 am]
BILLING CODE 4910–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2007–1003; FRL–8492–2]
Revisions to the California State
Implementation Plan, Imperial County
and Monterey Bay Unified Air Pollution
Control Districts
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
sroberts on PROD1PC70 with PROPOSALS
AGENCY:
SUMMARY: EPA is proposing to approve
revisions to the Imperial County Air
Pollution Control District (ICAPCD) and
the Monterey Bay Unified Air Pollution
Control District (MBUAPCD) portions of
VerDate Aug<31>2005
15:52 Nov 14, 2007
Jkt 214001
the California State Implementation
Plan (SIP). This action revises and adds
various definitions of terms used by the
ICAPCD and MBUAPCD. We are
proposing to approve these local rules
under the Clean Air Act as amended in
1990 (CAA or the Act).
DATES: Any comments on this proposal
must arrive by December 17, 2007.
ADDRESSES: Submit comments,
identified by docket number EPA–R09–
OAR–2007–1003, by one of the
following methods:
1. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
on-line instructions.
2. E-mail: steckel.andrew@epa.gov.
3. Mail or deliver: Andrew Steckel
(Air–4), U.S. Environmental Protection
Agency Region IX, 75 Hawthorne Street,
San Francisco, CA 94105–3901.
Instructions: All comments will be
included in the public docket without
change and may be made available
online at 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.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: The index to the docket for
this action is available electronically at
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:
Cynthia G. Allen, EPA Region IX, (415)
947–4120, allen.cynthia@epa.gov.
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64179
This
proposal addresses the following local
rules: ICAPCD 101, ‘‘Definitions’’ and
MBUAPCD 101, ‘‘Definitions.’’ 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 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. 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.
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.
SUPPLEMENTARY INFORMATION:
Dated: October 11, 2007.
Alexis Strauss,
Acting Regional Administrator, Region IX.
[FR Doc. E7–21810 Filed 11–14–07; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
[WC Docket No. 07–135; FCC 07–176]
47 CFR Parts 61 and 69
Establishing Just and Reasonable
Rates for Local Exchange Carriers
Federal Communications
Commission.
ACTION: Notice of Proposed Rulemaking.
AGENCY:
SUMMARY: In the Notice of Proposed
Rulemaking (NPRM), the Federal
Communications Commission
(Commission) initiates a proceeding to
examine whether its existing rules
governing the setting of tariffed rates by
local exchange carriers (LECs) provide
incentives and opportunities for carriers
to increase access demand
endogenously with the result that the
tariff rates are no longer just and
reasonable. The Commission tentatively
concludes that it must revise its tariff
rules so that it can be confident that
tariffed rates remain just and reasonable
even if a carrier experiences or induces
significant increases in access demand.
The Commission seeks comment on the
types of activities that are causing the
E:\FR\FM\15NOP1.SGM
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]]>Agencies
[Federal Register Volume 72, Number 220 (Thursday, November 15, 2007)]
[Proposed Rules]
[Pages 64177-64179]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-22365]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD08-06-010]
RIN 1625-AA09
Drawbridge Operation Regulations; Liberty Bayou, Slidell, LA
AGENCY: Coast Guard, DHS.
ACTION: Supplemental notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to change the operating schedule
for the State Route 433 (S433) pontoon span bridge across Liberty
Bayou, mile 2.0, at Slidell, St. Tammany Parish, Louisiana. The
proposed rule would allow the Louisiana Department of Transportation
and Development, owner of the bridge, to reduce the hours of manned
operation of the bridge in order to make more efficient use of
personnel and operating resources.
DATES: Comments and related material must reach the Coast Guard on or
before January 14, 2008.
ADDRESSES: You may mail comments and related material to Commander
(dpb), Eighth Coast Guard District, 500 Poydras Street, New Orleans,
Louisiana 70130-3310. The Commander, Eighth Coast Guard District,
Bridge Administration 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 available in the docket,
will become part of this docket and will be available for inspection or
copying at the Bridge Administration office between 7 a.m. and 3 p.m.,
Monday through Friday except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Phil Johnson, Bridge Administration
Branch, telephone (504) 671-2128.
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 [CGD08-06-
010], 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
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. You may submit a
request for a meeting by writing to Commander, Eighth Coast Guard
District, Bridge Administration 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 Coast Guard previously published a Notice of Proposed
Rulemaking in the Federal Register [CGD08-06-010] on May 4, 2006 (86 FR
26290). The proposed rule would have changed the notice required for an
opening from 12 hours to 4 hours. The Coast Guard did not receive any
comments as a result of the Notice of Proposed Rulemaking, but a final
rule was not published. Subsequently, the bridge owner requested that
the operating regulation for the bridge again be revised so that the
bridge will open on signal, except that from 7 p.m. to 7 a.m., the
bridge will open on signal if at least 2 hours notice is given.
The Louisiana Department of Transportation and Development has
requested that the operating regulation of the S433 pontoon span bridge
be changed in order to make more efficient use of operating resources.
Currently, the draw of the S433 Bridge opens on signal except that from
9 p.m. to 5 a.m. the draw will open on signal if at least 12 hours
notice is given, as required by 33 CFR 117.469.
Traffic counts indicate that an average of 6000 vehicles cross the
bridge daily and approximately 1025, or 17.1% of those, cross between
the hours of 7 p.m. and 7 a.m. Bridge tender logs for a three-month
period show that the bridge opened 540 times, or an average of 6 times
per day, to pass vessels. Of those vessel openings during the three-
month period, 56, or 10.2% of them, were between the hours of 7 p.m.
and 7 a.m. Most of the boats requesting openings are recreational
fishing vessels, recreational powerboats and sailboats that routinely
transit this waterway and are able to give advance notice.
Concurrent with the publication of the Notice of Proposed
Rulemaking, a Test Deviation [CGD08-07-032] has been issued to allow
the Louisiana Department of Transportation and Development to test the
proposed schedule and to obtain data and public comments. The test
period will be in effect during the entire Notice of Proposed
Rulemaking comment period. The Coast Guard will review the logs of the
drawbridge and evaluate public comments from this Supplemental Notice
of Proposed Rulemaking and the above referenced Test Deviation to
determine if a permanent special drawbridge operating regulation is
warranted.
The Test Deviation allows the draw of the S433 Bridge to open on
signal, except that between 7 p.m. and 7 a.m. daily, the bridge will
open on signal if at least 2 hours notice is given.
On November 24, 2006 a Coast Guard Bridge Permit was issued
approving the construction of a new swing span bridge to be constructed
to replace the existing pontoon span bridge. Upon completion of
construction, the new bridge will provide a vertical clearance of 7.59
feet above the 2% flow line. While this vertical clearance will
accommodate many small recreational boats, larger vessels will still
require an opening of the draw for passage. The schedule proposed in
this SNPRM would be carried over to this new bridge.
Discussion of Proposed Rule
The proposed rule change to 33 CFR 117.469 would require that,
between the hours of 7 p.m. and 7 a.m., a 2-hour notice be given for
the Louisiana Department of Transportation and Development to open the
draw of the S433 Bridge. This change would reduce the amount of time
that a bridge tender would need to man the bridge, making more
efficient use of operating resources.
[[Page 64178]]
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.
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary.
This conclusion is based on the fact that all vessel traffic will
still be able to transit through the bridge between 7 p.m. and 7 a.m.
after providing the two-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 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 proposed rule would affect a limited
number of small entities. These entities include operators of
recreational fishing vessels, powerboats and sailboats using the
waterway. This proposed rule will have no impact on any small entities
because they are able to give notice prior to transiting through this
bridge and most vessel operators that require an opening are currently
providing advance notice.
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 Eighth Coast Guard District
Bridge Administration Branch at the address above. 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
[[Page 64179]]
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 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. Sec. 117.469 is revised to read as follows:
Sec. 117.469 Liberty Bayou.
The draw of the S433 Bridge, mile 2.0 at Slidell, shall open on
signal, except that between 7 p.m. and 7 a.m., the draw shall open on
signal if at least 2 hours notice is given.
Dated: November 6, 2007.
J.H. Korn,
Captain, U.S. Coast Guard, Acting Commander, 8th Coast Guard Dist.
[FR Doc. E7-22365 Filed 11-14-07; 8:45 am]
BILLING CODE 4910-15-P
