Drawbridge Operation Regulations; Liberty Bayou, Slidell, LA, 64177-64179 [E7-22365]

Download as PDF 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. PO 00000 Frm 00015 Fmt 4702 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 PO 00000 Frm 00016 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: http://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. PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 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 15NOP1

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]


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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