24162 Federal Register / Vol. 65, No. 80 / Tuesday, April 25, 2000 / Proposed Rules

Dated: April 7, 2000.

John A. Holbrook,

Acting Regional Director, Appalachian

Regional Coordinating Center.

[FR Doc. 00–10278 Filed 4–24–00; 8:45 am]

BILLING CODE 4310–05–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01–99–070]

RIN 2115–AE47

Drawbridge Operation Regulations;

Westchester Creek, Bronx River, and

Hutchinson River, NY

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard proposes to

change the operating rules for three New

York City bridges; the Bruckner

Boulevard/Unionport Bridge, at mile

1.7, across Westchester Creek at the

Bronx, the Bruckner Boulevard/Eastern

Boulevard Bridge, mile 1.1, across the

Bronx River at the Bronx, and the

Hutchinson River Parkway Bridge, mile

0.9, across the Hutchinson River, at the

Bronx, all in New York. The bridge

owner asked the Coast Guard to change

the regulations to require a two-hour

advance notice for openings. This action

is expected to relieve the owner of the

bridge from the requirement to crew

each bridge at all times by using a

roving crew of drawtenders and still

meet the reasonable needs of

Navigation.

DATES: Comments must reach the Coast

Guard on or before June 26, 2000.

ADDRESSES: You may mail comments to

Commander (obr), First Coast Guard

District, Bridge Branch, at 408 Atlantic

Avenue, Boston, MA. 02110–3350, or

deliver them to the same address

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, 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 First Coast Guard

District, Bridge Branch, 7 a.m. to 3 p.m.,

Monday through Friday, except, Federal

holidays.

FOR FURTHER INFORMATION CONTACT: Mr.

John McDonald, Project Officer, First

Coast Guard District, (617) 223–8364.

SUPPLEMENTARY INFORMATION:

Request for Comments

We encourage you to participate in

this rulemaking by submitting

comments or related material. If you do

so, please include your name and

address, identify the docket number for

this rulemaking (CGD01–99–070),

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 if 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. But you may submit a request

for a meeting by writing to the First

Coast Guard District, Bridge 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

Bruckner Boulevard/Eastern Boulevard

Bridge

The Bruckner Boulevard/Eastern

Boulevard Bridge, mile 1.1, across the

Bronx River at the Bronx, has a vertical

clearance of 27 feet at mean high water

and 34 feet at mean low water. The

existing operating regulations for the

Bruckner Boulevard/Eastern Boulevard

Bridge in 33 CFR 117.771(a) require the

bridge to open on signal if at least a

four-hour advance notice is given to the

NYCDOT Radio Hotline, or NYCDOT

Bridge Operations Office. From 7 a.m. to

9 a.m. and 4 p.m. to 6 p.m., Monday

through Friday, the bridge need not

open for vessel traffic.

Hutchinson River Parkway Bridge

The Hutchinson River Parkway

Bridge, mile 0.9, across the Hutchinson

River at the Bronx, has a vertical

clearance of 30 feet at mean high water

and 38 feet at mean low water. The

existing operating regulations for the

Hutchinson River Parkway Bridge in 33

CFR 117.793(b) require the bridge to

open on signal if at least a six-hour

advance notice is given.

Bruckner Boulevard/Unionport Bridge

The Bruckner Boulevard/Unionport

Bridge, at mile 1.7, across Westchester

Creek at the Bronx, has a vertical

clearance of 14 feet at mean high water

and 21 feet at mean low water. The

existing operating regulations for the

Bruckner Boulevard Bridge in 33 CFR

117.815 require the bridge to open on

signal; except that, from 7 a.m. to 9 a.m.

and 4 p.m. to 6 p.m., Monday through

Friday, the draw need not open for

vessel traffic.

The owner of the bridges, the New

York City Department of Transportation

(NYCDOT), submitted bridge opening

log data to the Coast Guard for review.

The bridge owner plans to operate all

three bridges with multiple crews of

drawtenders after a two-hour advance

notice is given. The two-hour advance

notice for all three bridges will make the

advance notice requirement consistent

for each bridge allowing sufficient time

for the roving crews of drawtenders to

operate all three bridges. The closed

periods 7 a.m. to 9 a.m. and 4 p.m. to

6 p.m., Monday through Friday, for

Bruckner Boulevard/Unionport Bridge

and Bruckner Boulevard/Eastern

Boulevard Bridge will not be changed

by this rule. The number of bridge

openings at the three bridges are as

follows:

1998 1999

Bruckner/Unionport ................... 429 516

Bruckner/Eastern ...................... 0 0

Hutchinson Parkway ................. 75 129

The Coast Guard believes that the

owner’s proposal to use multiple crews

of roving drawtenders to operate these

bridges will meet the needs of

navigation. The bridge owner will

provide additional crews of drawtenders

in the event the number of bridge

opening requests increases.

The Coast Guard believes that the

two-hour advance notice is reasonable

because the bridges will still open on

signal, except during the closed periods

at Bruckner Boulevard/Unionport

Bridge and Bruckner Boulevard/Eastern

Boulevard Bridge, provided the twohour notice is given. The commercial

vessel transits on the Bronx River,

Hutchinson River, Eastchester Creek

and Westchester Creek are scheduled in

advance. Providing a two-hour notice

for bridge openings should not prevent

vessels from transiting the waterway in

a timely manner.

The advance notice time will be

reduced at the Bruckner Boulevard/

Eastern Boulevard and the Hutchinson

River Parkway bridges from four-hour

and six-hour advance notice,

Federal Register / Vol. 65, No. 80 / Tuesday, April 25, 2000 / Proposed Rules 24163

respectively to two-hours advance

notice for both bridges.

Discussion of Proposal

The Coast Guard proposed to revise

the operating regulations for the Bronx

River, Hutchinson River (Eastchester

Creek) and Westchester Creek as

follows:

Bruckner Boulevard/Eastern Boulevard

Bridge

Revise the operating regulations at 33

CFR 117.771(a) for the Bruckner

Boulevard/Eastern Boulevard Bridge,

mile 1.1, across the Bronx River, to

require that the draw shall open on

signal if at least a two-hour advance

notice is given. The requirement that the

draw need not open for vessel traffic, 7

a.m. to 9 a.m. and 4 p.m. to 6 p.m.,

Monday through Friday, will remain

unchanged by this action.

Hutchinson River Parkway Bridge

Revise the operating regulations at 33

CFR 117.793(b) for the Hutchinson

Parkway Bridge, mile 0.9, across the

Hutchinson River, to require that the

draw shall open on signal if at least a

two-hour advance notice is given.

Bruckner Boulevard/Unionport Bridge

Revise the operating regulations at 33

CFR 117.815 for the Bruckner

Boulevard/Unionport Bridge, mile 1.7,

across Westchester Creek, to add the

requirement that the draw open on

signal if at least a two-hour advance

notice be given. The requirement that

the draw need not open for vessel

traffic, 7 a.m. to 9 a.m. and 4 p.m. to 6

p.m., Monday through Friday, will

remain unchanged by this action.

Requests for bridge openings may be

given to the New York City Department

of Transportation (NYCDOT) Radio

Hotline or NYCDOT Bridge Operations

Office.

This consistent two-hour advance

notice requirement will allow the bridge

owner to utilize multiple crews of

drawtenders to open the bridges and

still meet the reasonable needs of

navigation.

The Coast Guard believes this roving

crew concept will be successful because

commercial vessel transits are

scheduled in advance. Providing a twohour notice for bridge openings should

not prevent vessels from transiting the

waterway in a timely manner.

Regulatory Evaluation

This proposed rule is not a

‘‘significant regulatory action’’ under

section 3(f) of Executive Order 12866

and does not require an assessment of

potential costs and benefits under

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

Transportation (DOT) (44 FR 11040,

Feb. 26, 1979).

We expect the economic impact of

this proposed rule to be so minimal that

a full Regulatory Evaluation, under

paragraph 10e of the regulatory policies

and procedures of DOT, is unnecessary.

This conclusion is based on the fact that

the bridges will still open for marine

traffic provided a two-hour notice is

given. Commercial transits are

scheduled in advance. Providing a twohour advance notice should not prevent

vessels from transiting in a timely

manner.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601–612), we 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

section 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 conclusion is based upon the fact

that the bridges will still open for all

vessel traffic after a two-hour advance

notice is given. Commercial vessel

transits are scheduled in advance.

Providing a two-hour notice for bridge

openings should not prevent vessels

from transiting the waterway in a timely

manner.

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.

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

We have analyzed this proposed rule

under E.O. 13132 and have determined

that this rule does not have implications

for federalism under that Order.

Unfunded Mandates Reform Act

The Unfunded Mandates Reform Act

of 1995 (2 U.S.C. 1531–1538) governs

the issuance of Federal regulations that

require unfunded mandates. An

unfunded mandate is a regulation that

requires a State, local, or tribal

government or the private sector to

incur direct costs without the Federal

Government’s having first provided the

funds to pay those costs. This proposed

rule would not impose an unfunded

mandate.

Taking of Private Property

This proposed rule would not effect a

taking of private property or otherwise

have taking implications under E.O.

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

E.O. 12988, Civil Justice Reform, to

minimize litigation, eliminate

ambiguity, and reduce burden.

Protection of Children

We have analyzed this proposed rule

under E.O. 13045, Protection of

Children from Environmental Health

Risks and Safety Risks. This rule is not

an economically significant rule and

does not concern an environmental risk

to health or risk to safety that may

disproportionately affect children.

Environment

We considered the environmental

impact of this proposed rule and

concluded that, under figure 2–1,

paragraph (32)(e), of Commandant

Instruction M16475.1C, this proposed

rule is categorically excluded from

further environmental documentation

because promulgation of drawbridge

regulations have been found not to have

a significant effect on the environment.

A ‘‘Categorical Exclusion

Determination’’ is available in the

docket where indicated under

ADDRESSES.

List of Subjects in 33 CFR Part 117

Bridges.

Regulations

For the reasons set out 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; 49 CFR 1.46; 33

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

24164 Federal Register / Vol. 65, No. 80 / Tuesday, April 25, 2000 / Proposed Rules

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

Stat. 5039.

2. Section 117.771(a) is revised to

read as follows:

§ 117.771 Bronx River.

(a) The draw of the Bruckner

Boulevard Bridge, mile 1.1, at the

Bronx, New York, shall open on signal

if at least a two-hour advance notice is

given to the New York City Department

of Transportation (NYCDOT) Radio

Hotline, or the NYCDOT Bridge

Operations Office. From 7 a.m. to 9 a.m.

and 4 p.m. to 6 p.m., Monday through

Friday, the bridge need not be opened

for the passage of vessels.

* * * * *

3. Section 117.793(b) is revised to

read as follows:

§ 117.793 Hutchinson River (Eastchester

Creek).

* * * * *

(b) The draw of the Hutchinson River

Parkway Bridge, mile 0.9, at the Bronx,

New York shall open on signal if at least

a two-hour notice is given to the New

York City Department of Transportation

(NYCDOT) Radio Hotline, or the

NYCDOT Bridge Operations Office.

* * * * *

4. Section 117.815 is revised to read

as follows:

§ 117.815 Westchester Creek.

The draw of the Bruckner Boulevard/

Unionport Bridge, mile 1.7, at the

Bronx, New York, shall open on signal

if at least a two-hour advance notice is

given to the New York City Department

of Transportation (NYCDOT) radio

hotline, or the NYCDOT Bridge

Operations Office. The draw need not be

opened for vessel traffic from 7 a.m. to

9 a.m. and 4 p.m. to 6 p.m., Monday

through Friday. The owner of the bridge

shall provide clearance gauges

according to the provisions of § 118.160

of this chapter.

Dated: April 12, 2000.

Robert F. Duncan,

Captain, U.S. Coast Guard, Acting

Commander, First Coast Guard District.

[FR Doc. 00–10266 Filed 4–24–00; 8:45 am]

BILLING CODE 4910–15–U

NATIONAL ARCHIVES AND RECORDS

ADMINISTRATION

36 CFR Part 1258

RIN 3095–AA87

NARA Reproduction Fee Schedule

AGENCY: National Archives and Records

Administration (NARA).

ACTION: Notice of proposed rulemaking.

SUMMARY: NARA proposes to revise its

schedule of fees for reproduction of

records and other materials in the

custody of the Archivist of the United

States. This proposed rule covers

reproduction of Federal records created

by other agencies that are in the

National Archives of the United States,

donated historical materials,

Presidential records, Nixon Presidential

historical materials, certain Federal

agency records in NARA Federal

records centers, and records filed with

the Office of the Federal Register. The

fees are being changed to reflect current

costs of providing the reproductions.

This rule will affect members of the

public and Federal agencies who order

reproductions from NARA.

DATES: Comments must be received by

June 26, 2000.

ADDRESSES: Submit comments to the

Regulation Comment Desk (NPLN),

Room 4100, National Archives at

College Park, 8601 Adelphi Road,

College Park, MD 20740–6001.

Comments may also be faxed to

(301)713–7270.

FOR FURTHER INFORMATION CONTACT:

Nancy Allard on (301)713–7360.

SUPPLEMENTARY INFORMATION:

Background

The fees for reproduction of records

in 36 CFR Part 1258 are set under the

Archivist’s authority in 44 U.S.C.

2116(c). That statute requires that, to the

extent possible, NARA recover the

actual cost of making copies of records

and other materials transferred to the

custody of the Archivist of the United

States. In determining these costs,

NARA has considered only the order

handling, materials and equipment,

shipping, and the labor costs directly

associated with making the

reproduction.

NARA last revised the reproduction

fee schedule in 1997 on the basis of a

cost study conducted in 1995 and 1996.

Since 1997, NARA costs have increased

because of higher materials and

shipping costs and mandatory cost of

living adjustments to staff salaries.

Despite these increases, the proposed

fees for many products fulfilled by mail

order will remain the same or increase

only slightly. The following sections of

this SUPPLEMENTARY INFORMATION

discuss where we are proposing

significant changes in fees.

Fees for Self-service Copies

Fees for self-service paper-to-paper

and microfilm-to-paper copies, which

represent approximately 46 percent of

our reproduction volume, must increase

by 5 cents each to recover NARA’s costs.

This is the first such increase in 10

years. The fee for self-service paper-topaper copies will be 15 cents per copy.

The fee for self-service microfilm-topaper copies will be 30 cents per copy.

Electrostatic and Microfilm Orders at

Washington, DC, Area Facilities

We are discontinuing ‘‘block’’ pricing

for standard electrostatic copy and

camera microfilm image reproduction

orders at Washington, DC, area facilities.

With this pricing, the customer paid one

fee for the initial block of copies and a

separate fee for each additional block of

copies. Unit pricing (per page)

continued to be used at all regional

facilities and Presidential libraries. This

pricing structure, imposed with the July

1997 revision of the fee schedule, was

intended to reduce the amount of time

spent by archival staff estimating the

number of pages to be copied when

preparing quotes for researchers and to

reduce the amount of time spent by the

Trust Fund staff in processing refunds

for overestimated copy counts and in

pursuing debt collection for

underestimated copy counts. However,

after years of unit pricing, our customers

found block pricing to be confusing.

Staff members found that they were now

dependent upon charts to calculate

quotes and the block sizes were not

large enough to significantly reduce the

need for accurate page counts. Finally,

NARA’s new order fulfillment system

will not support block pricing without

extensive, and expensive, customization

that would be passed on to customers.

We propose to revert to unit pricing

for these products nationwide. The

proposed unit pricing for both

electrostatic copies (50 cents per copy)

and camera microfilm images (70 cents

per image) is not changed from the 1997

unit cost on which the block prices were

based. For camera microfilm images,

there will be no significant change in

cost. Most camera microfilm customers

will pay the same or slightly less than

they pay with block pricing.

The proposed pricing for electrostatic

copies signifies no change in fee for 90

percent of the copies sold nationwide.

Customers who ordered copies from the

two NARA archival facilities in the

Washington, DC, area (10 percent of the

total copies sold nationwide) are the

only customers affected by the proposed

return to unit pricing. Under block

pricing, some orders had a discounted

per unit cost because of the way that the

blocks were priced. Generally, only

customers with larger orders (more than

40 copies) will have an increase in the

cost of their orders.