2616 Federal Register / Vol. 72, No. 13 / Monday, January 22, 2007 / Rules and Regulations 

4024. (TTY/TDD users may call the 

Federal relay service toll-free at 1–800–

877–8339 and ask to be connected to 

202–326–4024.) 

SUPPLEMENTARY INFORMATION: Section 

4011 of ERISA requires certain 

underfunded plans to give an annual 

notice to participants of plan funding 

status and the limits on the PBGC’s 

guarantee. The PBGC’s implementing 

regulations are at 29 CFR part 4011. 

On August 17, 2006, the President 

signed into law the Pension Protection 

Act of 2006, Public Law 109–280 (PPA 

2006). Section 501 of PPA 2006 repealed 

section 4011 of ERISA for plan years 

beginning after 2006 and replaced the 

disclosure requirement under that 

section with a disclosure requirement 

under Title I of ERISA (under the 

jurisdiction of the Department of Labor). 

The PBGC is amending its regulation 

implementing section 4011 of ERISA to 

reflect that statutory change. Section 

4011 continues to apply for plan years 

beginning on or after January 1, 1995, 

and before January 1, 2007. 

Because this rule is simply a technical 

amendment that conforms PBGC’s 

regulation to the statutory change, PBGC 

has determined that notice and public 

comment on this amendment are 

unnecessary. Further, because the 

statutory change is effective for plan 

years beginning after 2006, PBGC finds 

good cause for making this amendment 

effective immediately. 

The PBGC has determined that this 

action is not a ‘‘significant regulatory 

action’’ under the criteria set forth in 

Executive Order 12866. Because no 

general notice of proposed rulemaking 

is required for this amendment, the 

Regulatory Flexibility Act of 1980 does 

not apply. See 5 U.S.C. 601(2). 

List of Subjects in 29 CFR Part 4011 

Employee benefit plans, Reporting 

and disclosure requirements. 

■ For the reasons given above, 29 CFR 

part 4011 is amended as follows. 

PART 4011—DISCLOSURE TO 

PARTICIPANTS 

■ 1. The authority citation for part 4011 

continues to read as follows: 

Authority: 29 U.S.C. 1302(b)(3), 1311. 

■ 2. Section 4011.1 is amended by 

adding the words ‘‘and on or before 

December 31, 2006,’’ after the words 

‘‘January 1, 1995,’’. 

Issued in Washington, DC, this 16th day of 

January, 2007. 

Vincent K. Snowbarger, 

Interim Director, Pension Benefit Guaranty 

Corporation. 

[FR Doc. E7–761 Filed 1–19–07; 8:45 am] 

BILLING CODE 7709–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[CGD07–05–097] 

RIN 1625–AA09 

Drawbridge Operation Regulation; Gulf 

Intracoastal Waterway, Anna Maria, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is changing 

the operating regulations governing the 

Cortez (SR 684) Bridge and the Anna 

Maria (SR 64) (Manatee Avenue West) 

Bridge across the Gulf Intracoastal 

Waterway, miles 87.4 and 89.2 in Anna 

Maria, Manatee County, Florida. This 

rule will require the drawbridges to 

open on signal, except during daytime 

hours when the bridge will be on a 30- 

minute schedule during the winter 

months and a 20-minute schedule for all 

other months. 

DATES: This rule is effective February 

21, 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 

dockets (CGD07–05–097) and (Public 

Meeting CGD07–06–012) and are 

available for inspection or copying at 

Commander (dpb), Seventh Coast Guard 

District, 909 SE. 1st Avenue, Room 432, 

Miami, Florida 33131–3050 between 8 

a.m. and 4:30 p.m., Monday through 

Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Michael Lieberum, Seventh Coast Guard 

District, Bridge Branch, telephone 

number 305–415–6744. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

On August 16, 2005, we published a 

notice of proposed rulemaking (NPRM) 

entitled ‘‘Drawbridge Operation 

Regulations; Gulf Intracoastal 

Waterway, Anna Maria, FL’’ in the 

Federal Register (70 FR 48091). We 

received 28 comments on the proposed 

rule. On January 31, 2006, we published 

an announcement of a public meeting 

entitled ‘‘Announcement of Public 

Meeting Regarding the Proposed 

Drawbridge Schedule Change for the 

Anna Maria and Cortez Drawbridge, 

Anna Maria, FL,’’ in the Federal 

Register (71 FR 5033). The public 

meeting was held on March 29, 2006 at 

Holmes Beach City Hall, 5801 Marina 

Drive, Holmes Beach, Florida. 

On November 8, 2006, as a result of 

the previous comments received, we 

published a supplemental notice of 

proposed rulemaking (SNPRM) entitled 

‘‘Drawbridge Operation Regulations; 

Gulf Intracoastal Waterway, Anna 

Maria, FL’’ in the Federal Register (71 

FR 65443). We received two comments 

on this proposed rule; one in favor of 

the proposed schedule and one against 

the new schedule. 

Background and Purpose 

The existing regulations of the Cortez 

(SR 684) Bridge, mile 87.4, and Anna 

Maria (SR 64) Bridge, mile 89.2 at Anna 

Maria, published in 33 CFR 

117.287(d)(1) and (2) require the draw to 

open on signal, except that from 7 a.m. 

to 6 p.m., the draw need open only on 

the hour, twenty minutes past the hour 

and forty minutes past the hour if 

vessels are present. 

On June 1, 2005, the City officials of 

Holmes Beach in cooperation with the 

cities of Anna Maria and Bradenton 

Beach and the Town of Longboat Key 

requested that the Coast Guard review 

the existing regulations governing the 

operation of the Cortez and Anna Maria 

(Manatee Avenue West) bridges. The 

review was requested by city officials 

because they believed the current 

drawbridge regulations were not 

meeting the needs of vehicle traffic. 

This rule is necessary to assist the 

local community in determining 

additional corrective action that may be 

needed to alleviate the severe vehicle 

traffic congestion on Anna Maria Island 

during the winter season. 

Discussion of Comments and Changes 

The Coast Guard received 45 

responses to the initial Notice of 

Proposed Rulemaking and at the Public 

Meeting convened on March 29, 2006. 

The responses were supplied by 30 

written comments and 15 oral 

comments and several persons provided 

more than one comment per letter or 

verbally. These responses consisted of 

11 form letters in favor of the proposal, 

six additional comments also in favor of 

the proposal, seven comments against 

the morning and afternoon curfew 

hours, six comments against the 

nighttime closures, two comments 

requesting staggered hours between the 

two bridges rather than both opening on 


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Federal Register / Vol. 72, No. 13 / Monday, January 22, 2007 / Rules and Regulations 2617 

the same schedule, six comments 

requesting changes in the winter season 

only and nine comments against the 

proposed 30-minute schedules. Two 

comments suggested that there should 

be no regulations on these bridges and 

that the bridges should open on 

demand. 

Additionally, the Coast Guard 

received two responses to the 

supplemental notice of proposed 

rulemaking (SNPRM). One response was 

in favor of both drawbridges being 

placed on the same 30 minute schedule 

and one comment was against placing 

both drawbridges on the same 30 

minute schedule. 

The Coast Guard thoroughly 

examined and considered all the 

comments and made adjustments to the 

final rule. These bridges will remain on 

the 20-minute opening schedule from 6 

a.m. to 7 p.m. during the day and both 

will operate on the 30-minute schedule 

from 6 a.m. to 7 p.m. during the winter 

season from January 15 through May 15. 

The Coast Guard considered placing 

these bridges on a staggered schedule. 

However, this schedule would be 

impracticable as only a limited number 

of vessels traveling at a high rate of 

speed would be able to make the next 

scheduled bridge opening. 

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. 

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. 

This proposed rule would affect the 

following entities, some of which may 

be small entities: The owners or 

operators of vessels needed to transit the 

Intracoastal Waterway in the vicinity of 

the Cortez and Anna Maria bridges, 

persons intending to drive over the 

bridges, and nearby business owners. 

The revision to the openings schedule 

would not have a significant impact on 

a substantial number of small entities. 

Vehicle traffic and small business 

owners in the area might benefit from 

the improved traffic flow that regularly 

scheduled openings will offer this area. 

Although bridge openings will be less 

frequent, vessel traffic will still be able 

to transit the Intracoastal Waterway in 

the vicinity of the Cortez and Anna 

Maria bridges pursuant to the revised 

opening schedule. 

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 the rule so that they 

could better evaluate its effects on them 

and participate in the rulemaking 

process. 

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 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 the 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 effect 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. 

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 

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 


sroberts on PROD1PC70 with RULES
2618 Federal Register / Vol. 72, No. 13 / Monday, January 22, 2007 / Rules and Regulations 

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, 

and Department of Homeland Security 

Management Directive 5100.1, which 

guides the Coast Guard in complying 

with the National Environmental Policy 

Act of 1969 (NEPA) (42 U.S.C. 4321–

4370f), and have 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 

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: 

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. Revise § 117.287(d)(1) and (2) to 

read as follows: 

§ 117.287 Gulf Intracoastal Waterway. 

* * * * * 

(d)(1) Cortez (SR 684) Bridge, mile 

87.4. The draw shall open on signal, 

except that from 6 a.m. to 7 p.m., the 

draw need only open on the hour, 20 

minutes after the hour, and 40 minutes 

after the hour. From January 15 to May 

15, from 6 a.m. to 7 p.m., the draw need 

only open on the hour and half hour. 

(2) Anna Maria (SR 64) (Manatee 

Avenue West) Bridge, mile 89.2. The 

draw shall open on signal, except that 

from 6 a.m. to 7 p.m., the draw need 

only open on the hour, 20 minutes after 

the hour, and 40 minutes after the hour. 

From January 15 to May 15, from 6 a.m. 

to 7 p.m., the draw need only open on 

the hour and half hour. 

* * * * * 

Dated: January 5, 2007. 

D.W. Kunkel, 

Rear Admiral, U.S. Coast Guard, Commander, 

Seventh Coast Guard District. 

[FR Doc. E7–832 Filed 1–19–07; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF TRANSPORTATION 

Saint Lawrence Seaway Development 

Corporation 

33 CFR Part 401 

[Docket No. SLSDC 2006–26397] 

RIN 2135–AA24 

Seaway Regulations and Rules: 

Periodic Update, Various Categories 

AGENCY: Saint Lawrence Seaway 

Development Corporation, DOT. 

ACTION: Final rule. 

SUMMARY: The Saint Lawrence Seaway 

Development Corporation (SLSDC) and 

the St. Lawrence Seaway Management 

Corporation (SLSMC) of Canada, under 

international agreement, jointly publish 

and presently administer the St. 

Lawrence Seaway Regulations and 

Rules (Practices and Procedures in 

Canada) in their respective jurisdictions. 

Under agreement with the SLSMC, the 

SLSDC is amending the joint regulations 

by updating the Seaway Regulations and 

Rules in various categories. The changes 

update the following sections of the 

Regulation and Rules: Condition of 

Vessels; Preclearance and Security for 

Tolls; Seaway Navigation; Dangerous 

Cargo; and, General. These amendments 

are necessary to take account of updated 

procedures and will enhance the safety 

of transits through the Seaway. Several 

of the amendments are merely editorial 

or for clarification of existing 

requirements. 

DATES: Effective date: This rule is 

effective February 21, 2007. 

Comment date: Any party wishing to 

present views on the final rule may file 

comments with the Corporation on or 

before February 21, 2007. 

ADDRESSES: You may submit comments 

[identified by DOT DMS Docket Number 

SLSDC 2006–26397] by any of the 

following methods: 

• Web site: http://dms.dot.gov. 

Follow the instructions for submitting 

comments on the DOT electronic docket 

site. 

• Fax: 1–202–493–2251. 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 400 

Seventh Street, SW., Nassif Building, 

Room PL–401, Washington, DC 20590–

001. 

• Hand Delivery: Room PL–401 on 

the plaza level of the Nassif Building, 

400 Seventh Street, SW., Washington, 

DC, between 9 am and 5 pm, Monday 

through Friday, except Federal holidays. 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

Instructions: All submissions must 

include the agency name and docket 

number or Regulatory Identification 

Number (RIN) for this rulemaking. Note 

that all comments received will be 

posted without change to http:// 

dms.dot.gov, including any personal 

information provided. Please see the 

Privacy Act heading under Regulatory 

Notices. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

dms.dot.gov at any time or to Room PL–

401 on the plaza level of the Nassif 

Building, 400 Seventh Street, SW., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Craig H. Middlebrook, Acting Chief 

Counsel, Saint Lawrence Seaway 

Development Corporation, 400 Seventh 

Street, SW., Washington, DC 20590, 

(202) 366–0091. 

SUPPLEMENTARY INFORMATION: The Saint 

Lawrence Seaway Development 

Corporation (SLSDC) and the St. 

Lawrence Seaway Management 

Corporation (SLSMC) of Canada, under 

international agreement, jointly publish 

and presently administer the St. 

Lawrence Seaway Regulations and 

Rules (Practices and Procedures in 

Canada) in their respective jurisdictions. 

Under agreement with the SLSMC, the 

SLSDC is amending the joint regulations 

by updating the Regulations and Rules 

in various categories. The changes 

update the following sections of the 

Regulations and Rules: Condition of 

Vessels; Preclearance and Security for 

Tolls; Seaway Navigation; Dangerous 

Cargo; and, General. These updates are 

necessary to take account of updated 

procedures which will enhance the 

safety of transits through the Seaway. 


sroberts on PROD1PC70 with RULES