59012 Federal Register / Vol. 72, No. 201 / Thursday, October 18, 2007 / Rules and Regulations 

individual industries, Federal, State, or 

local government agencies, or 

geographic regions; and (c) Does not 

have significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or the ability 

of U.S.-based enterprises to compete 

with foreign-based enterprises. This 

determination is based upon the fact 

that a portion of the State provisions are 

based upon counterpart Federal 

regulations for which an analysis was 

prepared and a determination made that 

the Federal regulation was not 

considered a major rule. For the portion 

of the State provisions that is not based 

upon counterpart Federal regulations, 

this determination is based upon the 

fact that the State provisions are 

administrative and procedural in nature 

and are not expected to have a 

substantive effect on the regulated 

industry. 

Unfunded Mandates 

This rule will not impose an 

unfunded mandate on State, local, or 

tribal governments or the private sector 

of $100 million or more in any given 

year. This determination is based upon 

the fact that a portion of the State 

submittal, which is the subject of this 

rule, is based upon counterpart Federal 

regulations for which an analysis was 

prepared and a determination made that 

the Federal regulation did not impose 

an unfunded mandate. For the portion 

of the State provisions that is not based 

upon counterpart Federal regulations, 

this determination is based upon the 

fact that the State provisions are 

administrative and procedural in nature 

and are not expected to have a 

substantive effect on the regulated 

industry. 

List of Subjects in 30 CFR Part 946 

Intergovernmental relations, Surface 

mining, Underground mining. 

Dated: September 27, 2007. 

H. Vann Weaver, 

Acting Regional Director, Appalachian 

Region. 

■ For the reasons set out in the 

preamble, 30 CFR part 946 is amended 

as set forth below: 

PART 946—VIRGINIA 

■ 1. The authority citation for part 946 

continues to read as follows: 

Authority: 30 U.S.C. 1201 et seq. 

■ 2. Section 946.15 is amended in the 

table by adding a new entry in 

chronological order by ‘‘Date of final 

publication’’ to read as follows: 

§ 946.15 Approval of Virginia regulatory 

program amendments. 

* * * * * 

Original amendment submission date Date of final 

publication Citation/description 

* * * * * * * 

March 12, 2007 ..................................... October 18, 2007 ...... 4 VAC 25–130–842.15(d), Review of decision not to inspect or enforce. 

[FR Doc. E7–20559 Filed 10–17–07; 8:45 am] 

BILLING CODE 4310–05–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[CGD01–07–148] 

Drawbridge Operation Regulations; 

Taunton River, Fall River and 

Somerset, MA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, First Coast 

Guard District, has issued a temporary 

deviation from the regulation governing 

the operation of the old Brightman 

Street bascule bridge across the Taunton 

River at mile 1.8, between Fall River 

and Somerset, Massachusetts. Under 

this temporary deviation, in effect from 

6 a.m. on October 13, 2007 through 5 

p.m. on October 27, 2007, the bridge 

shall open on signal after a one-hour 

advance notice is given by calling the 

number posted at the bridge. This 

deviation is necessary to facilitate 

scheduled bridge maintenance. 

DATES: This deviation is effective from 

6 a.m. on October 13, 2007 through 5 

p.m. on October 27, 2007. 

ADDRESSES: Materials referred to in this 

document are available for inspection or 

copying at the First Coast Guard 

District, Bridge Branch Office, 408 

Atlantic Avenue, Boston, Massachusetts 

02110, between 7 a.m. and 3 p.m., 

Monday through Friday, except Federal 

holidays. The telephone number is (617) 

223–8364. The First Coast Guard 

District Bridge Branch Office maintains 

the public docket for this temporary 

deviation. 

FOR FURTHER INFORMATION CONTACT: John 

McDonald, Project Officer, First Coast 

Guard District, at (617) 223–8364. 

SUPPLEMENTARY INFORMATION: The old 

Brightman Street bascule bridge, across 

the Taunton River at mile 1.8, between 

Fall River and Somerset, Massachusetts, 

has a vertical clearance in the closed 

position of 27 feet at mean high water 

and 31 feet at mean low water. The 

existing drawbridge operation 

regulations are listed at 33 CFR 117.619. 

The owner of the bridge, 

Massachusetts Highway Department 

(MHD), requested a temporary deviation 

to facilitate scheduled bridge 

maintenance and structural repairs to 

the sidewalks at the old Brightman 

Street bascule bridge. 

Under this temporary deviation, in 

effect from 6 a.m. on October 13, 2007 

through 5 p.m. on October 27, 2007, the 

old Brightman Street bascule bridge 

shall open on signal after at least a onehour advance notice is given by calling 

the number posted at the bridge. 

This work was scheduled during the 

time of year when the one upstream 

facility is closed and no deliveries are 

scheduled. The recreational boat 

marinas were contacted and have no 

objection to the one-hour advance 

notice. 

An 18′ x 43′ construction work barge 

may be located in the channel during 

the prosecution of this bridge 

maintenance. The work barge will move 

upon request by calling the bridge 

tender either on the land line (508) 672–

5111 or on VHF channels 13 and 16. 

In accordance with 33 CFR 117.35(e), 

the bridge 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. 

Should the bridge maintenance 

authorized by this temporary deviation 

be completed before the end of the 

effective period published in this notice, 

the Coast Guard will rescind the 

remainder of this temporary deviation, 

and the bridge shall be returned to its 

normal operating schedule. Notice of 


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Federal Register / Vol. 72, No. 201 / Thursday, October 18, 2007 / Rules and Regulations 59013 

the above action shall be provided to the 

public in the Local Notice to Mariners 

and the Federal Register, where 

practicable. 

Dated: October 9, 2007. 

Gary Kassof, 

Bridge Program Manager, First Coast Guard 

District. 

[FR Doc. 07–5155 Filed 10–15–07; 4:19 pm] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[CGD08–07–020] 

RIN 1625–AA09 

Drawbridge Operation Regulations; 

Ouachita River, LA 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is removing 

the existing drawbridge operation 

regulation for the draw of the U.S. 165 

bridge, mile 110.1, on the Ouachita 

River at Columbia, Louisiana. The 

drawbridge has been removed from the 

waterway. Therefore, the regulation 

controlling the operation of the 

drawbridge is no longer necessary. 

DATES: This rule is effective October 18, 

2007. 

ADDRESSES: 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 room 2.107f, in the Robert A. 

Young Federal Building, 1222 Spruce 

Street, St. Louis, MO 63103–2832, 

between 8 a.m. and 4 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Roger K. Wiebusch, Bridge 

Administrator (314) 269–2378. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

We did not publish a notice of 

proposed rulemaking (NPRM) for this 

regulation. Under 5 U.S.C. 553(b)(B), the 

Coast Guard finds that good cause exists 

for not publishing an NPRM. The U.S. 

165 bridge was removed from the 

waterway and replaced by a fixed highlevel bridge. Since the drawbridge no 

longer exists, the operating schedule in 

33 CFR 117.483 for this bridge is no 

longer needed and is being removed. 

Notice and comment on this action is 

not necessary, as there is no need for the 

regulation to exist any longer. 

For the same reason, under 5 U.S.C. 

553(d)(3), the Coast Guard finds that 

good cause exists for making this rule 

effective in less than 30 days after 

publication in the Federal Register. 

Background and Purpose 

On May 31, 2001 the Coast Guard 

issued a permit, later amended on 

March 20, 2006, for a fixed, high-level 

bridge to replace the U.S. 165 bridge, 

mile 110.1, on the Ouachita River at 

Columbia, LA. Land traffic has been 

shifted to the replacement bridge and 

the drawbridge, governed by 33 CFR 

117.483, has been removed from the 

waterway. 

Discussion of Rule 

This final rule amends 33 CFR 

117.483 by removing the regulations 

covering U.S. 165 bridge, mile 110.1 at 

Columbia, as that bridge has been 

removed from the waterway. 

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. It is not ‘‘significant’’ under the 

regulatory policies and procedures of 

the Department of Homeland Security 

(DHS). 

A special operating regulation was 

established for the drawbridge. This 

drawbridge has been removed from the 

waterway, making the regulation 

unnecessary. Vessel traffic can continue 

to pass under the new fixed bridge 

without interference. Therefore, we 

expect the economic impact of this rule 

to be so minimal that a full Regulatory 

Evaluation under the regulatory policies 

and procedures of DHS is unnecessary. 

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 rule will not have 

a significant economic impact on a 

substantial number of small entities. 

This rule, to remove an obsolete 

drawbridge regulation, will have no 

impact on any small entities. 

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 rule so that they may 

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). 

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. 


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