Drawbridge Operating Regulations; Sabine Lake, near Sabine Pass, Port Arthur, TX, 66047-66048 [E7-23046]

Download as PDF Federal Register / Vol. 72, No. 227 / Tuesday, November 27, 2007 / Rules and Regulations the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency’s responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1– 888–REG–FAIR (1–888–734–3247). 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 rule calls for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501– 3520). Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed this rule under that Order and have determined that it does not have implications for federalism. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. Taking of Private Property This rule will not affect a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. Civil Justice Reform This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. pwalker on PROD1PC71 with RULES Protection of Children We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and VerDate Aug<31>2005 18:41 Nov 26, 2007 Jkt 214001 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 does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. Energy Effects We have analyzed this rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a ‘‘significant energy action’’ under that order because it is not a ‘‘significant regulatory action’’ under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. 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 rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. Environment We have analyzed this rule under Commandant Instruction M16475.lD which guides the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321–4370f), and have concluded that there are no factors in this case that would limit the use of PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 66047 a categorical exclusion under section 2.B.2 of the Instruction. Therefore, this rule is categorically excluded, under figure 2–1, paragraph (32)(e) of the Instruction, from further environmental documentation. Under figure 2–1, paragraph (32)(e), of the Instruction, an ‘‘Environmental Analysis Check List’’ and a ‘‘Categorical Exclusion Determination’’ are not required for this rule. List of Subjects in 33 CFR Part 117 Bridges. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 117 as follows: I PART 117—DRAWBRIDGE OPERATION REGULATIONS 1. The authority citation for part 117 continues to read as follows: I Authority: 33 U.S.C. 499; 33 CFR 1.05–1(g); Department of Homeland Security Delegation No. 0170.1. § 117.983 I [Removed] 2. Remove § 117.983. Dated: November 7, 2007. J.H. Korn, Captain U.S. Coast Guard, Commander, 8th Coast Guard District, Acting. [FR Doc. E7–23042 Filed 11–26–07; 8:45 am] BILLING CODE 4910–15–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [CGD08–07–043] Drawbridge Operating Regulations; Sabine Lake, near Sabine Pass, Port Arthur, TX Coast Guard, DHS. Notice of temporary deviation from regulations. AGENCY: ACTION: SUMMARY: The Commander, Eighth Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the State Route 82 (SR 82) swing span bridge across the Sabine Lake at mile 10.0, Port Arthur, Jefferson County, Texas. This deviation provides for the bridge to remain closed to navigation to repair sections of the steel truss members of the drawbridge. DATES: This deviation is effective from 5 a.m. on Monday, December 3, 2007 until 12 p.m. on Friday, December 7, 2007 and from 5 a.m. on Monday, E:\FR\FM\27NOR1.SGM 27NOR1 pwalker on PROD1PC71 with RULES 66048 Federal Register / Vol. 72, No. 227 / Tuesday, November 27, 2007 / Rules and Regulations December 10, 2007 until 9 p.m. on Friday, December 14, 2007. ADDRESSES: Materials referred to in this document are available for inspection or copying at the office of the Eighth Coast Guard District, Bridge Administration Branch, Hale Boggs Federal Building, Room 1313, 500 Poydras Street, New Orleans, Louisiana 70130–3310 between 7 a.m. and 3 p.m., Monday through Friday, except Federal holidays. The telephone number is (504) 671–2128. The Bridge Administration Branch maintains the public docket for this temporary deviation. FOR FURTHER INFORMATION CONTACT: Kay Wade, Bridge Administration Branch, telephone (504) 671–2128. SUPPLEMENTARY INFORMATION: The Texas Department of Transportation has requested a temporary deviation in order to repair sections of the steel truss members of the SR 82 swing span bridge across the Sabine Lake at Port Arthur, Jefferson County, Texas. Repair of the steel truss members is necessary for continued operation of the swing span of the bridge. This temporary deviation will allow the bridge to remain in the closed-to-navigation position from 5 a.m. on Monday, December 3, 2007 until 12 p.m. on Friday, December 7, 2007 and from 5 a.m. on Monday, December 10, 2007 until 9 p.m. on Friday, December 14, 2007. During the closure period, the draw may be able to open during the scheduled maintenance period if at least 2 hours’ advance notice is given. Currently, the draw opens on signal; except that, from 9 p.m. to 5 a.m., the draw shall open on signal, if at least 6 hours’ notice is given to the Maintenance Supervisor at the Port Arthur Area Office. The draw opens on signal at any time for an emergency aboard a vessel. The bridge is a swing span bridge with an available vertical navigational clearance of 9 feet above high water in the closed-to-navigation position. Navigation on the waterway consists primarily of recreational craft, although the bridge is occasionally transited by small tugs with tows transporting sand, gravel and marine shells. Due to prior experience, as well as coordination with waterway users, it has been determined that this closure will not have a significant effect on these vessels. An alternate route is available via the Sabine Neches Waterway, which is comprised of the Sabine Pass Channel, Port Arthur Channel and Sabine Neches Canal, thence passage into the lake from the north side. In accordance with 33 CFR 117.35(e), the drawbridge must return to its regular operating schedule immediately at the VerDate Aug<31>2005 18:41 Nov 26, 2007 Jkt 214001 end of the designated time period. This deviation from the operating regulations is authorized under 33 CFR 117.35. Dated: November 19, 2007. David M. Frank, Bridge Administrator. [FR Doc. E7–23046 Filed 11–26–07; 8:45 am] BILLING CODE 4910–15–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 229 [Docket No. 070417093–7582–02] RIN 0648–AV54 List of Fisheries for 2008 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Department of Commerce. ACTION: Final rule. AGENCY: SUMMARY: The National Marine Fisheries Service (NMFS) is publishing its final List of Fisheries (LOF) for 2008, as required by the Marine Mammal Protection Act (MMPA). The final LOF for 2008 reflects new information on interactions between commercial fisheries and marine mammals. NMFS must categorize each commercial fishery on the LOF into one of three categories under the MMPA based upon the level of serious injury and mortality of marine mammals that occurs incidental to each fishery. The categorization of a fishery in the LOF determines whether participants in that fishery are subject to certain provisions of the MMPA, such as registration, observer coverage, and take reduction plan requirements. DATES: This final rule is effective January 1, 2008. ADDRESSES: See SUPPLEMENTARY INFORMATION for a listing of all Regional offices. Written comments regarding the burden-hour estimates, or any other aspect of the collection of information requirements contained in this final rule, should be submitted in writing to Chief, Marine Mammal and Sea Turtle Conservation Division, Office of Protected Resources, NMFS, 1315 EastWest Highway, Silver Spring, MD 20910, or to David Rostker, Office of Management and Budget (OMB), by fax to 202–395–7285 or by email to DavidlRostker@omb.eop.gov. FOR FURTHER INFORMATION CONTACT: Melissa Andersen, Office of Protected Resources, 301–713–2322; David PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 Gouveia, Northeast Region, 978–281– 9280; Nancy Young, Southeast Region, 727–551–5607; Elizabeth Petras, Southwest Region, 562–980–3238; Brent Norberg, Northwest Region, 206–526– 6733; Bridget Mansfield, Alaska Region, 907–586–7642; Lisa Van Atta, Pacific Islands Region, 808–944–2257. Individuals who use a telecommunications device for the hearing impaired may call the Federal Information Relay Service at 1–800– 877–8339 between 8 a.m. and 4 p.m. Eastern time, Monday through Friday, excluding Federal holidays. SUPPLEMENTARY INFORMATION: Availability of Published Materials Information regarding the LOF and the Marine Mammal Authorization Program, including registration procedures and forms, current and past LOFs, observer requirements, and marine mammal injury/mortality reporting forms and submittal procedures, may be obtained at: http:// www.nmfs.noaa.gov/pr/interactions/, or from any NMFS Regional Office at the addresses listed below. Regional Offices NMFS, Northeast Region, One Blackburn Drive, Gloucester, MA 01930–2298, Attn: Marcia Hobbs; NMFS, Southeast Region, 263 13th Avenue South, St. Petersburg, FL 33701, Attn: Teletha Mincey; NMFS, Southwest Region, 501 W. Ocean Blvd., Suite 4200, Long Beach, CA 90802–4213, Attn: Lyle Enriquez; NMFS, Northwest Region, 7600 Sand Point Way NE, Seattle, WA 98115, Attn: Permits Office; NMFS, Alaska Region, Protected Resources, P.O. Box 22668, 709 West 9th Street, Juneau, AK 99802; or NMFS, Pacific Islands Region, Protected Resources, 1601 Kapiolani Boulevard, Suite 1100, Honolulu, HI 96814–4700. What is the List of Fisheries? Section 118 of the MMPA requires NMFS to place all U.S. commercial fisheries into one of three categories based on the level of incidental serious injury and mortality of marine mammals occurring in each fishery (16 U.S.C. 1387(c)(1)). The categorization of a fishery in the LOF determines whether participants in that fishery may be required to comply with certain provisions of the MMPA, such as registration, observer coverage, and take reduction plan requirements. NMFS must reexamine the LOF annually, considering new information in the Marine Mammal Stock Assessment Reports (SAR) and other relevant E:\FR\FM\27NOR1.SGM 27NOR1

Agencies

[Federal Register Volume 72, Number 227 (Tuesday, November 27, 2007)]
[Rules and Regulations]
[Pages 66047-66048]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-23046]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD08-07-043]


Drawbridge Operating Regulations; Sabine Lake, near Sabine Pass, 
Port Arthur, TX

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations.

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SUMMARY: The Commander, Eighth Coast Guard District, has issued a 
temporary deviation from the regulation governing the operation of the 
State Route 82 (SR 82) swing span bridge across the Sabine Lake at mile 
10.0, Port Arthur, Jefferson County, Texas. This deviation provides for 
the bridge to remain closed to navigation to repair sections of the 
steel truss members of the drawbridge.

DATES: This deviation is effective from 5 a.m. on Monday, December 3, 
2007 until 12 p.m. on Friday, December 7, 2007 and from 5 a.m. on 
Monday,

[[Page 66048]]

December 10, 2007 until 9 p.m. on Friday, December 14, 2007.

ADDRESSES: Materials referred to in this document are available for 
inspection or copying at the office of the Eighth Coast Guard District, 
Bridge Administration Branch, Hale Boggs Federal Building, Room 1313, 
500 Poydras Street, New Orleans, Louisiana 70130-3310 between 7 a.m. 
and 3 p.m., Monday through Friday, except Federal holidays. The 
telephone number is (504) 671-2128. The Bridge Administration Branch 
maintains the public docket for this temporary deviation.

FOR FURTHER INFORMATION CONTACT: Kay Wade, Bridge Administration 
Branch, telephone (504) 671-2128.

SUPPLEMENTARY INFORMATION: The Texas Department of Transportation has 
requested a temporary deviation in order to repair sections of the 
steel truss members of the SR 82 swing span bridge across the Sabine 
Lake at Port Arthur, Jefferson County, Texas. Repair of the steel truss 
members is necessary for continued operation of the swing span of the 
bridge. This temporary deviation will allow the bridge to remain in the 
closed-to-navigation position from 5 a.m. on Monday, December 3, 2007 
until 12 p.m. on Friday, December 7, 2007 and from 5 a.m. on Monday, 
December 10, 2007 until 9 p.m. on Friday, December 14, 2007. During the 
closure period, the draw may be able to open during the scheduled 
maintenance period if at least 2 hours' advance notice is given. 
Currently, the draw opens on signal; except that, from 9 p.m. to 5 
a.m., the draw shall open on signal, if at least 6 hours' notice is 
given to the Maintenance Supervisor at the Port Arthur Area Office. The 
draw opens on signal at any time for an emergency aboard a vessel.
    The bridge is a swing span bridge with an available vertical 
navigational clearance of 9 feet above high water in the closed-to-
navigation position. Navigation on the waterway consists primarily of 
recreational craft, although the bridge is occasionally transited by 
small tugs with tows transporting sand, gravel and marine shells. Due 
to prior experience, as well as coordination with waterway users, it 
has been determined that this closure will not have a significant 
effect on these vessels. An alternate route is available via the Sabine 
Neches Waterway, which is comprised of the Sabine Pass Channel, Port 
Arthur Channel and Sabine Neches Canal, thence passage into the lake 
from the north side.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to 
its regular operating schedule immediately at the end of the designated 
time period. This deviation from the operating regulations is 
authorized under 33 CFR 117.35.

    Dated: November 19, 2007.
David M. Frank,
Bridge Administrator.
 [FR Doc. E7-23046 Filed 11-26-07; 8:45 am]
BILLING CODE 4910-15-P