Federal Register / Vol. 72, No. 41 / Friday, March 2, 2007 / Rules and Regulations 9435 

sources to develop and implement 

competition and consumer protection 

technical assistance programs. 

By direction of the Commission. 

Donald S. Clark, 

Secretary. 

[FR Doc. E7–3718 Filed 3–1–07; 8:45 am] 

BILLING CODE 6750–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[CGD13–06–048] 

RIN 1625–AA09 

Drawbridge Operation Regulations; 

Youngs Bay and Lewis and Clark 

River, OR 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of final rule. 

SUMMARY: The Coast Guard is changing 

the operating regulations for the New 

Youngs Bay, Old Youngs Bay, and the 

Lewis and Clark River Drawbridges near 

Astoria, Oregon. This change was 

requested by the Oregon Department of 

Transportation (ODOT), owner of the 

bridges, due to reduced demand for 

draw openings. This final rule reduces 

the period when a one-half hour notice 

is required for openings and also 

reduces the four-hour notice required at 

all other times to two hours. 

DATES: This rule is effective April 2, 

2007. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents indicated in this preamble as 

being available in the docket, are part of 

the docket (CGD13–06–048) and are 

available for inspection or copying at 

Commander (dpw), 13th Coast Guard 

District, 915 Second Avenue, Seattle, 

WA 98174–1067 between 7:30 a.m. and 

4 p.m., Monday through Friday, except 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Austin Pratt, Chief Bridge Section, (206) 

220–7282. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

On October 27, 2006, we published a 

notice of proposed rulemaking (NPRM) 

entitled ‘‘Drawbridge Operation 

Regulations; Youngs Bay and Lewis and 

Clark River, Astoria, Oregon’’ in the 

Federal Register (71 FR 62955). We 

received no comments on the proposed 

rule. No public meeting was requested 

and none was held. 

Background and Purpose 

The operating regulations currently in 

effect for the New Youngs Bay, Old 

Youngs Bay, and the Lewis and Clark 

River Drawbridges near Astoria, Oregon 

at 33 Code of Federal Regulations 

117.89 provide that the spans need not 

open for the passage of vessels from 6 

a.m. to 6 p.m. Monday through Friday 

and 8 a.m. to 4 p.m. Saturday and 

Sunday unless at least one half-hour 

notice is given. At all other times at 

least four hours notice must be given. 

This rule allows the bridge owner to 

reduce the shifts for staffing the 

drawbridges by reducing the period, 

Monday through Friday, where one-half 

hour notice is required for an opening. 

Additionally, the four-hour notice at 

most other times is also reduced to two 

hours. Weekend periods with half-hour 

notice required remain unchanged. 

Discussion of Comments and Changes 

The Coast Guard received no 

responses to the Notice of Proposed 

Rulemaking and no changes are made in 

this final rule from that notice. 

Regulatory Evaluation 

This 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. The single commercial boat yard, 

which is the destination for most vessels 

that pass through the bridges, has 

indicated that they can tolerate the 

changes. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this rule would have a 

significant economic impact on a 

substantial number of small entities. 

The term ‘‘small entities’’ comprises 

small businesses, not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. 

The Coast Guard certifies under 5 

U.S.C. 605(b) that this rule will not have 

a significant economic impact on a 

substantial number of small entities. We 

expect few vessel operators will be 

inconvenienced by the new operating 

schedule as it is quite similar to 

operating regulations that have been in 

effect without complaint for several 

years. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we offered to assist small entities in 

understanding this proposed rule so that 

they can better evaluate its effects on 

them and participate in the rulemaking. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agricultural 

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. 


rwilkins on PROD1PC63 with RULES
9436 Federal Register / Vol. 72, No. 41 / Friday, March 2, 2007 / Rules and Regulations 

Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

will 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 will 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 

Information and Regulatory Affairs has 

not designated this 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 

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 Checklist’’

and a ‘‘Categorical Exclusion 

Determination’’ are not required for this 

rule. 

List of Subjects in 33 CFR Part 117 

Bridges. 

Regulations 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 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; Department of 

Homeland Security Delegation No. 0170.1; 33 

CFR 1.05–1(g); section 117.255 also issued 

under the authority of Pub. L. 102–587, 106 

Stat. 5039. 

■ 2. Amend § 117.899 by revising 

paragraphs (a), (b) and (c) to read as 

follows: 

§ 117.899 Youngs Bay and Lewis and 

Clark River. 

(a) The draw of the US101 (New 

Youngs Bay) highway bridge, mile 0.7, 

across Youngs Bay at Smith Point, shall 

open on signal for the passage of vessels 

if at least one half-hour notice is given 

to the drawtender at the Lewis and 

Clark River Bridge by marine radio, 

telephone, or other suitable means from 

7 a.m. to 5 p.m. Monday through Friday 

and from 8 a.m. to 4 p.m. on Saturday 

and Sunday. At all other times, 

including all Federal holidays but 

Columbus Day, at least a two-hour 

notice by telephone is required. The 

opening signal shall be two prolonged 

blasts followed by one short blast. 

(b) The draw of the Oregon State (Old 

Youngs Bay) highway bridge, mile 2.4, 

across Youngs Bay foot of Fifth Street, 

shall open on signal for the passage of 

vessels if at least one half-hour notice is 

given to the drawtender at the Lewis 

and Clark River Bridge by marine radio, 

telephone, or other suitable means from 

7 a.m. to 5 p.m. Monday through Friday 

and from 8 a.m. to 4 p.m. Saturday and 

Sunday. At all other times, including all 

Federal holidays but Columbus Day, at 

least a two-hour notice by telephone is 

required. The opening signal is two 

prolonged blasts followed by one short 

blast. 

(c) The draw of the Oregon State 

(Lewis and Clark River) highway bridge, 

mile 1.0, across the Lewis and Clark 

River, shall open on signal for the 

passage of vessels if at least one halfhour notice is given by marine radio, 

telephone, or other suitable means from 

7 a.m. to 5 p.m. Monday through Friday 

and from 8 a.m. to 4 p.m. on Saturday 

and Sunday. At all other times, 

including all Federal holidays but 

Columbus Day, at least a two-hour 

notice by telephone is required. The 

opening signal is one prolonged blast 

followed by four short blasts. 

Dated: February 23, 2007. 

R.R. Houck, 

Rear Admiral, U.S. Coast Guard, District 

Commander, Thirteenth Coast Guard District. 

[FR Doc. E7–3679 Filed 3–1–07; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[CGD05–06–091] 

RIN 1625–AA00 

Safety Zones; Fireworks Displays 

Within the Fifth Coast Guard District 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is 

establishing 49 permanent safety zones 

for fireworks displays at various 

locations within the geographic 

boundary of the Fifth Coast Guard 

District. This action is necessary to 

protect the life and property of the 

maritime public from the hazards posed 

by fireworks displays. Entry into or 

movement within these zones during 

the enforcement periods is prohibited 

without approval of the appropriate 

Captain of the Port. 

DATES: This rule is effective April 2, 

2007. 

ADDRESSES: Comments and material 

received from the public, as well as 


rwilkins on PROD1PC63 with RULES