Federal Register / Vol. 65, No. 86 / Wednesday, May 3, 2000 / Rules and Regulations 25645

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

taking implications under E.O. 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 E.O.

12988, Civil Justice Reform, to minimize

litigation, eliminate ambiguity, and

reduce burden.

Protection of Children

We have analyzed this 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 safety

that may disproportionately affect

children.

Environment

The Coast Guard has considered the

environmental impact of this action and

has determined pursuant to Figure 2–1,

paragraph 34(h) of Commandant

Instruction M16475.1C, that this action

is categorically excluded from further

environmental documentation.

List of Subjects in 33 CFR Part 100

Marine safety, Navigation (water),

Reporting and recordkeeping

requirements, Waterways.

Temporary Regulations

In consideration of the foregoing, the

Coast Guard amends part 100 of Title

33, Code of Federal Regulations as

follows:

PART 100—[AMENDED]

1. The authority citation for part 100

continues to read as follows:

Authority: 33 U.S.C. 1233.49 CFR 1.46, and

33 CFR 100.35.

2. Add temporary § 100.35T–07–035

to read as follows:

§ 100.35T–07–035 South Carolina

Aquarium Grand Opening fireworks display,

Charleston Harbor, Charleston, SC.

(a) Regulated Area. The rectangular

regulated area in Charleston Harbor is

bounded on the north by a line drawn

along latitude 32°47′38′′ N, on the south

by a line along 32°46′40′′ W, on the east

by a line along longitude 79°54′57′′ W

and on the west by a line along

79°55′23′′ W. All coordinates referenced

use Datum: NAD 1983.

(b) Coast Guard Patrol Commander.

The Coast Guard Patrol Commander is

a commissioned, warrant, or petty

officer of the Coast Guard who has been

designated by Commanding Officer,

Group Charleston, SC.

(c) Special Local Regulations. Entry

into the regulated area by other than

event participants is prohibited, unless

otherwise authorized by the Patrol

Commander. Spectator craft may remain

in a spectator area to be established by

the event sponsor, The South Carolina

Aquarium.

(d) Dates. These regulations become

effective at 8:30 p.m. and terminate at

10 p.m. EDT on May 20, 2000.

Dated: April 20, 2000

G. W. Sutton,

Captain, U.S. Coast Guard, Commander,

Seventh Coast Guard District Acting.

[FR Doc. 00–10942 Filed 5–2–00; 8:45 am]

BILLING CODE 4910–15–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01–00–127]

Drawbridge Operation Regulations:

Fore River, MA

AGENCY: Coast Guard, DOT.

ACTION: Notice of temporary deviation

from regulations.

SUMMARY: The Commander, First Coast

Guard District has issued a temporary

deviation from the existing drawbridge

regulations for the Quincy Weymouth

SR3A Bridge, mile 3.5, across the Fore

River between Quincy and Weymouth,

Massachusetts. This deviation allows

the bridge owner to keep the bridge in

the closed position for 4 hours, 8 a.m.

to 12 p.m., on May 6, 2000. This

deviation is necessary to facilitate

necessary repairs to the bridge.

DATES: This deviation is effective on

May 6, 2000.

FOR FURTHER INFORMATION CONTACT: Mr.

John McDonald, Project Officer, First

Coast Guard District, (617) 223–8364.

SUPPLEMENTARY INFORMATION: The

Quincy Weymouth SR3A Bridge has a

vertical clearance of 33 feet at mean

high water and 43 feet at mean low

water. The existing regulations for the

bridge in 33 CFR 117.621 require the

bridge to open on signal, except that;

from 6:30 a.m. to 9 a.m. and 4:30 p.m.

to 6:30 p.m., Monday through Friday,

except holidays observed in the locality,

the draw need not be opened. The draw

shall open on signal at all times for selfpropelled vessels greater than 10,000

gross tons.

The bridge owner, the Massachusetts

Highway Department (MHD), asked the

Coast Guard to allow the bridge to

remain closed on May 6, 2000, from 8

a.m. to 12 p.m. to facilitate electrical

repairs at the bridge.

In accordance with 33 CFR 117.35(c),

this work will be performed with all due

speed in order to return the bridge to

normal operation as soon as possible.

This deviation is authorized under 33

CFR 117.35.

Dated: April 24, 2000.

Robert F. Duncan,

Captain, U.S. Coast Guard, Acting

Commander, First Coast Guard District.

[FR Doc. 00–10945 Filed 5–2–00; 8:45 am]

BILLING CODE 4910–15–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01–00–128]

Drawbridge Operation Regulations:

Piscataqua River, ME

AGENCY: Coast Guard, DOT.

ACTION: Notice of temporary deviation

from regulations.

SUMMARY: The Commander, First Coast

Guard District has issued a temporary

deviation from the existing drawbridge

regulations for the Sarah M. Long (Route

1 Bypass) Bridge, mile 4.0, across the

Piscataqua River between Kittery, Maine

and Portsmouth, New Hampshire. This

deviation allows the bridge owner to

keep the bridge in the closed position

for 5 hours, 12 p.m. through 5 p.m., on

May 17, 2000. This deviation is

necessary to facilitate electrical repairs

at the bridge.

DATES: This deviation is effective on

May 17, 2000.

25646 Federal Register / Vol. 65, No. 86 / Wednesday, May 3, 2000 / Rules and Regulations

FOR FURTHER INFORMATION CONTACT: Mr.

John McDonald, Project Officer, First

Coast Guard District, (617) 223–8364.

SUPPLEMENTARY INFORMATION: The Sara

Long (Route 1 Bypass) Bridge has a

vertical clearance of 10 feet at mean

high water and 18 feet at mean low

water. The existing regulations for the

bridge in 33 CFR 117.531(c) require the

bridge to open on signal, except that;

from 15 May through 31 October, from

7 a.m. to 7 p.m., the draw need be

opened only at quarter of and quarter

after the hour for recreational vessels

and commercial vessels less than 100

gross tons except as provided in

paragraph (a)(1). Paragraph (a)(1) states

that vessels over 100 gross tons,

inbound ferry service vessels and

inbound commercial fishing vessels

shall be passed through the draw as

soon as possible without delay at any

time.

The bridge owner, the New

Hampshire Department of

Transportation, asked the Coast Guard

to allow the bridge to remain closed for

5 hours, 12 p.m. through 5 p.m., on May

17, 2000, to facilitate electrical repairs at

the bridge.

In accordance with 33 CFR 117.35(c),

this work will be performed with all due

speed in order to return the bridge to

normal operation as soon as possible.

This deviation is authorized under 33

CFR 117.35.

Dated: April 24, 2000.

Robert F. Duncan,

Captain, U.S. Coast Guard, Acting

Commander, First Coast Guard District.

[FR Doc. 00–10944 Filed 5–2–00; 8:45 am]

BILLING CODE 4910–15–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD07–00–037]

RIN 2115–AE47

Drawbridge Operation Regulations;

Atlantic Intracoastal Waterway, Mile

1021.9 and 1022.6, Palm Beach, FL

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: Commander, Seventh Coast

Guard District is temporarily changing

the regulations governing the Flagler

Memorial Bridge, mile 1021.9 and the

Royal Park Bridge, mile 1022.6 across

the Atlantic Intracoastal Waterway at

Palm Beach, Florida. This temporary

rule allows the bridge owner to keep the

Royal Park Bridge in the closed position

from 7:25 a.m. to 7:45 a.m. and the

Flagler Memorial Bridge in the closed

position from 7:25 a.m. to 8:15 a.m., on

Sunday, May 21, 2000. This action is

necessary to facilitate the National

Medical Center and Beckman Research

Institute’s first annual Palm Beach Walk

for Hope Against Breast Cancer 5k Run/

Walk.

DATES: These regulations become

effective at 7:25 a.m. and terminate at

8:15 a.m. on May 21, 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 [CGD07–00–037] and are

available for inspection or copying at

Commander (obr), Seventh Coast Guard

District, 909 S.E. 1st Avenue, Room 406,

Miami, FL 33131 between 8 a.m. and

4:30 p.m., Monday through Friday,

except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Miss

Evelyn Smart, Project Officer, Seventh

Coast Guard District, at (305) 536–6546.

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. Publishing

an NPRM is impracticable because we

received notice of this event very

recently, not leaving time for both a

NPRM and a delayed effective date.

Under 5 U.S.C. 553(d)(3), the Coast

Guard finds that good cause exists for

making this rule effective less than 30

days after publication in the Federal

Register.

Background and Purpose

On Sunday, May 21, 2000, the

National Medical Center and Beckman

Research Institute will be hosting their

first annual 5K Run/Walk. Beginning at

Trinity Park at 7:30 a.m., the run/walk

participants will head south on Flagler

Drive then head east on the Royal Park

Bridge (estimated time of closure 7:25

a.m. to 7:45 a.m.), then the route will

continue east on Royal Palm Way, turn

north on Coconut Palm Way, then east

on Royal Poinciana then head east on

Flagler Bridge (estimated time of closure

7:25 a.m. until 8:15 a.m.) this provides

the walkers from 7:32 a.m. until 8:15

a.m. to clear the final bridge.

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, l979) and

the bridges will only remain closed for

a maximum of 50 minutes and there

will be less traffic because this is a

Sunday morning.

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.

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 as

the bridges will only remain closed to

traffic for a maximum of 50 minutes.

Assistance for Small Entities

Under section 213(a) of the Small

Business Regulatory Enforcement

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

we offer to assist small entities in

understanding the rule so that they

could better evaluate its effects on them

and participate in the rulemaking

process.

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.