24638 Federal Register / Vol. 65, No. 82 / Thursday, April 27, 2000 / Rules and Regulations

Department of the Navy as to whether

a proposed regulatory requirement

originated by it comes within the

purview of this paragraph and the

corresponding provisions of 32 CFR part

336, and as to whether inviting public

comment is warranted, shall be

conclusive and final.

(b) Classes of documents affected.

Each proposed regulation or other

document of a class described in

§ 701.64(a) (or a proposed revision of an

adopted document of any of those

classes) which would ‘‘originate’’ within

the Department of the Navy a

requirement of general applicability and

future effect for implementing,

interpreting, or prescribing law or

policy, or practice and procedure

requirements constituting authority for

prospective actions having substantial

and direct impact on the public, or a

significant portion of the public, must

be evaluated to determine whether

inviting public comment prior to

issuance is warranted. Documents that

merely implement regulations

previously issued by higher naval

authorities or by the Department of

Defense will not be deemed to

‘‘originate’’ requirements within the

purview of this section. If a proposed

document is within the purview of this

section, publication to invite public

comment will be warranted unless,

upon evaluation, it is affirmatively

determined both that a significant and

legitimate interest of the Department of

the Navy or the public will be served by

omitting such publication for public

comment, and that the document is

subject to one or more of the following

exceptions:

(1) It pertains to a military or foreign

affairs function of the United States

which has been determined under the

criteria of an Executive Order or statute

to require a security classification in the

interests of national defense or foreign

policy;

(2) It relates to naval management,

naval military or civilian personnel, or

public contracts (e.g. Navy Procurement

Directives), including nonappropriated

fund contracts;

(3) It involves interpretative rules,

general statements of policy, or rules of

agency organization, procedure, or

practice; or

(4) It is determined with regard to the

document, for good cause, that inviting

the pubic comment is impracticable,

unnecessary, or contrary to the public

interest.

(c) Procedures—(1) Normal case.

Unless the official having cognizance of

a proposed regulatory document

determines under the criteria of

§ 701.66(b) that inviting public

comment is not warranted, he or she

shall cause it to be published in the

Federal Register with an invitation for

the public to submit comments in the

form of written data, views, or

arguments during a specified period of

not less than 30 days following the date

of publication. An opportunity for oral

presentation normally will not be

provided, but may be provided at the

sole discretion of the official having

cognizance of the proposed directive if

he or she deems it to be in the best

interest of the Department of the Navy

or the public to do so. After careful

consideration of all relevant matters

presented within the period specified

for public comment, the proposed

document may be issued in final form.

After issuance, the adopted document,

and a preamble explaining the

relationship of the adopted document to

the proposed and the nature and effect

of public comments, shall be published

in the Federal Register for guidance of

the public.

(2) Where public comment is not

warranted. The official having

cognizance of a proposed document

within the purview of this paragraph

shall, if he or she determines that

inviting public comment concerning the

document is not warranted under the

criteria of § 701.66(b), incorporate that

determination, and the basis therefor, in

the document when it is issued or

submitted to a higher authority for

issuance. After issuance, such document

shall be published in the Federal

Register for the guidance of the public,

if required under § 701.64(b).

§ 701.67 Petitions for issuance, revision,

or cancellation of regulations affecting the

public.

In accordance with the provisions of

32 CFR part 336, the Department of the

Navy shall accord any interested person

the right to petition in writing, for the

issuance, revision, or cancellation of

regulatory document that originates, or

would originate, for the Department of

the Navy, a policy, requirement, or

procedure which is, or would be, within

the purview of § 701.66. The official

having cognizance of the particular

regulatory document involved, or

having cognizance of the subject matter

of a proposed document, shall give full

and prompt consideration to any such

petition. Such official may, at his or her

absolute discretion, grant the petitioner

an opportunity to appear, at his or her

own expense, for the purpose of

supporting the petition, if this is

deemed to be compatible with orderly

conduct of public business. The

petitioner shall be advised in writing of

the disposition, and the reasons for the

disposition, of any petition within the

purview of this section.

Dated: April 12, 2000.

J.L. Roth,

Lieutenant Commander, Judge Advocate

General’s Corps, U.S. Navy, Federal Register

Liaison Officer.

[FR Doc. 00–10476 Filed 4–26–00; 8:45 am]

BILLING CODE 3180–FT–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01–99–029]

RIN 2115–AE47

Drawbridge Operation Regulations:

Merrimack River, MA

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: The Coast Guard is changing

the drawbridge operation regulations for

the Newburyport US1 Bridge, mile 3.4,

across the Merrimack River between

Newburyport and Salisbury,

Massachusetts. The bridge owner asked

the Coast Guard to change the

regulations to allow the bridge to open

only on the hour and half hour, from

Memorial Day through Labor Day. This

final rule is expected to help reduce

vehicular traffic delays by scheduling

bridge opening times while still meeting

the reasonable needs of navigation.

DATES: This rule is effective May 30,

2000.

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

docket (CGD01–99–029) and are

available for inspection or copying at

the First Coast Guard District, Bridge

Branch Office, 408 Atlantic Avenue,

Boston, Massachusetts, 02110, 7 a.m. to

3 p.m., Monday through Friday, except

Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr.

John W. McDonald, Project Officer, First

Coast Guard District, (617) 223–8364.

SUPPLEMENTARY INFORMATION:

Regulatory Information

On January 7, 2000, we published a

notice of proposed rulemaking (NPRM)

entitled Drawbridge Operation

Regulations; Merrimack River,

Massachusetts, in the Federal Register

(65 FR 1077). We received one comment

letter in response to the notice of

proposed rulemaking. No public hearing

was requested and none was held.

Federal Register / Vol. 65, No. 82 / Thursday, April 27, 2000 / Rules and Regulations 24639

Background and Purpose

The Newburyport US1 Bridge, mile

3.4, across the Merrimack River has a

vertical clearance of 35 feet at mean

high water and 42 feet at mean low

water in the closed position. The

current regulations in 33 CFR 117.605(a)

require the bridge to open on signal

from May 1 through November 15, from

6 a.m. to 10 p.m. At all other times the

draw must open on signal if at least a

one-hour advance notice is given by

calling the number posted at the bridge.

The bridge owner, the Massachusetts

Highway Department (MHD), asked the

Coast Guard to change the regulations to

allow scheduled opening times to help

alleviate vehicular traffic delays on

Route 1 that occur from Memorial Day

through Labor Day. During the summer

months the bridge opens more

frequently for vessel traffic. The traffic

delays on Route 1 prompted the request

to provide relief to help reduce the

traffic delays during the summer

months.

The Coast Guard, in response to the

bridge owner’s request for assistance,

published a notice of temporary

deviation from the operating regulations

(64 FR 25438) on May 12, 1999. The

purpose of the deviation was to test an

alternate schedule for bridge openings

for a period of 90 days from June 3,

1999, through August 31, 1999. The

bridge operating schedule during the

test period was:

Monday through Friday, from 6 a.m.

to 10 p.m., the bridge opened once an

hour, on the half hour.

Saturday and Sunday, from 11 a.m. to

3 p.m., the bridge opened once an hour,

on the half hour. From 6 a.m. to 11 a.m.

and 3 p.m. to 10 p.m., the bridge opened

two times an hour, on the hour and half

hour.

At all other times, the bridge opened

on signal after a one-hour notice was

given by calling the number posted at

the bridge.

The Coast Guard evaluated the bridge

opening log data for the past three years

as well as the data collected during the

90 day test period in 1999. The data

indicated that June, July and August are

the months that have the greatest

number of bridge openings with the

greater percentage of the bridge

openings occurring on the weekends.

TEST PERIOD 1999

Month Total

openings

Weekend

openings

Percent

on weekends

June ...... 307 205 67

July ....... 322 193 60

August ... 305 137 45

MONTHLY TOTAL BRIDGE OPENINGS

1997 1998 1999

April ....... 3 17 34

May ....... 95 155 202

June ...... 288 190 307

July ....... 310 387 322

August ... 334 350 305

September 226 294 250

October 197 149 169

The Coast Guard has determined that

scheduled bridge openings on the hour

and half hour from Memorial Day

through Labor Day, 6 a.m. to 10 p.m.,

should help alleviate the traffic delays

on Route 1 and still meet the reasonable

needs of navigation.

The time period for scheduled bridge

openings, Memorial Day through Labor

Day, was selected because it is the time

period when vehicular traffic on Route

1 is the heaviest and the frequency of

bridge openings are the greatest.

Discussion of Comments and Changes

The Coast Guard received one

comment letter in response to the notice

of proposed rulemaking and no changes

have been made to this final rule. The

comment letter questioned if the halfhour time interval between bridge

openings would be enough time for the

vehicular traffic to return to normal

flow. The Coast Guard evaluated the

bridge opening duration times and the

traffic recovery time after bridge

openings during the 90-day test in the

summer of 1999. The average bridge

opening time during the 1999, test

period was five minutes with an

additional four minutes to restore

normal traffic flow over the bridge. We

believe, as a result of the data and

observations made during the test

period, that openings on request, on the

hour and half-hour, should reduce

vehicular traffic delays on Route 1 and

still meet the reasonable needs of

navigation.

Regulatory Evaluation

This 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 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 Transportation (DOT)

(44 FR 11040; February 26, 1979). This

conclusion is based on the fact that the

bridge will still open on signal for

marine traffic two times each hour, on

the hour and half hour, from 6 a.m. to

10 p.m., Memorial Day through Labor

Day.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601–612) we considered

whether this rule would have a

significant economic impact on a

substantial number of small entities.

‘‘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 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 conclusion is based on the fact that

the bridge opens only for large

recreational sail boats and power boats.

Most vessels can pass under the bridge

without a bridge opening as a result of

the high vertical clearance of 35 feet at

mean high water and 42 feet at mean

low water.

The owners of the larger vessels may

be required, depending on the stage of

the tide, to wait for bridge openings for

up to 25 minutes in the event that they

miss a scheduled bridge opening. The

impacts are believed not to be

significant because the bridge will still

open on signal for marine traffic two

times each hour, on the hour and half

hour, 6 a.m. to 10 p.m., Memorial Day

through Labor Day.

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

We have analyzed this rule under

Executive Order 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 unfunded mandate

costs. This rule will not impose an

unfunded mandate.

Taking of Private Property

This rule will not effect a taking of

private property or otherwise have

24640 Federal Register / Vol. 65, No. 82 / Thursday, April 27, 2000 / Rules and Regulations

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

does not concern an environmental risk

to health or risk to safety that may

disproportionately affect children.

Environment

The Coast Guard considered the

environmental impact of this rule and

concluded that under figure 2–1,

paragraph (32)(e) of Commandant

Instruction M16475.1C, this rule is

categorically excluded from further

environmental documentation because

promulgation of changes to drawbridge

regulations have been found to not have

a significant effect on the environment.

A ‘‘Categorical Exclusion

Determination’’ is available in the

docket for inspection or copying 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 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; 49 CFR 1.46; 33

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

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

Stat. 5039.

2. Section 117.605(a) is revised to

read as follows:

§ 117.605 Merrimack River

(a) The draw of the Newburyport US1

Bridge, mile 3.4, shall operate as

follows:

(1) From May 1 through November 15,

from 6 a.m. to 10 p.m., the draw shall

open on signal; except that, from

Memorial Day through Labor Day, from

6 a.m. to 10 p.m., the draw shall open

on signal only on the hour and half

hour.

(2) At all other times the draw shall

open on signal after at least a one-hour

advance notice is given by calling the

number posted at the bridge.

* * * * *

Dated: April 13, 2000.

Robert F. Duncan,

Captain, U.S. Coast Guard, Acting

Commander, First Coast Guard District.

[FR Doc. 00–10455 Filed 4–26–00; 8:45 am]

BILLING CODE 4910–15–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01–00–126]

Drawbridge Operation Regulations;

Fort Point Channel, MA

AGENCY: Coast Guard, DOT.

ACTION: Notice of temporary deviation

and request for comments.

SUMMARY: The Commander, First Coast

Guard District has issued a temporary

90 day deviation from the existing

drawbridge operation regulations for the

Northern Avenue Bridge, mile 0.1, at

Boston, Massachusetts. This deviation

will require the bridge to open on signal

from 6 a.m. to 8 p.m. and from 8 p.m.

to 6 a.m. after a two-hour advance

notice is given. The bridge presently

does not open for vessel traffic between

8 p.m. and 6 a.m. This deviation is

necessary in order to test an alternate

drawbridge operation schedule.

DATES: This deviation is effective from

June 7, 2000 through September 4, 2000.

Comments must reach the Coast Guard

on or before September 30, 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 at the same address

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

through Friday, except Federal holidays.

The telephone number is (617) 223–

8364.

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 notice by submitting comments or

related material. If you do so, please

include your name and address, identify

the docket number for this notice

(CGD01–00–126), 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.

Background and Purpose

The Northern Avenue Bridge, mile

0.1, across the Fort Point Channel has a

vertical clearance of 7 feet at mean high

water and 17 feet at mean low water in

the closed position. The existing

operating regulations in 33 CFR 117.599

require the bridge to open on signal

from 6 a.m. to 8 p.m. From 8 p.m. to 6

a.m., the bridge need not open for the

passage of vessels.

The Coast Guard received a request

from a commercial vessel operator

requesting a change to the operating

regulations for the Northern Avenue

Bridge. The commercial operator has a

vessel that can not transit through the

bridge without a bridge opening and

would like the bridge to open for vessel

traffic during the 8 p.m. to 6 a.m. time

period when the bridge is normally

closed.

Under the test deviation, the Northern

Avenue Bridge, mile 0.1, across the Fort

Point Channel at Boston, from June 7,

2000 through September 4, 2000, will

continue to open on signal from 6 a.m.

to 8 p.m. From 8 p.m. to 6 a.m., the

bridge will open on signal if at least a

two-hour notice is given by calling the

number posted at the bridge.

It is expected that this deviation will

meet the present needs of navigation.

This deviation from the normal

operating regulations is authorized

under 33 CFR 117.43.

Dated: April 18, 2000.

G.N. Naccara,

Rear Admiral, U.S. Coast Guard Commander,

First Coast Guard District.

[FR Doc. 00–10453 Filed 4–26–00; 8:45 am]

BILLING CODE 4910–15–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01–00–016]

Drawbridge Operation Regulations;

Mianus River, CT

AGENCY: Coast Guard, DOT.

ACTION: Notice of temporary deviation

and request for comments.