Federal Register / Vol. 65, No. 94 / Monday, May 15, 2000 / Rules and Regulations 30883

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).

The Coast Guard expects the

economic impact of this temporary rule

to be so minimal that a full Regulatory

Evaluation under paragraph 10(e) of the

regulatory policies and procedures of

DOT is unnecessary. This is because

river traffic is not likely to be delayed

more than 2 hours.

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.

This rule will be in effect for only 2

hours early in the day and the Coast

Guard expects the impact of this action

to be minimal. Therefore, 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.

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. Any individual that qualifies

or, believes he or she qualifies as a small

entity and requires assistance with the

provisions of this rule, may contact Mr.

Roger K. Wiebusch, Bridge

Administrator, Eighth Coast Guard

District, Bridge Branch, at (314) 539–

3900, extension 378.

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

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 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), of Commandant

Instruction M16475.1C, this rule is

categorically excluded from further

environmental documentation.

Promulgation of changes to drawbridge

regulations has been found not to have

significant effect on the human

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.

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 of part 117

continues to read as follows:

Authority: 33 U.S.C. Sec. 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. From 8 a.m. to 10 a.m. on May 14,

2000, § 117.T394 is temporarily added

to read as follows:

§ 117.T394 Upper Mississippi River.

Rock Island Railroad and Highway

Drawbridge, Mile 482.9, Upper

Mississippi River. From 8 a.m. to 10 a.m.

on May 14, 2000 the drawspan need not

open for river traffic and may be

maintained in the closed-to-navigation

position.

Dated: April 24, 2000.

Paul J. Pluta,

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

Eighth Coast Guard District.

[FR Doc. 00–12074 Filed 5–12–00; 8:45 am]

BILLING CODE 4910–15–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD1–00–123]

RIN 2115–AA97

Safety Zone: Chelsea Street Bridge,

Chelsea River, Chelsea, MA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone on

the Chelsea River surrounding the

Chelsea Street Bridge. The safety zone

temporarily closes all waters of the

Chelsea River 100 yards upstream and

100 yards downstream from the

centerline of the Chelsea Street Bridge.

The safety zone is needed to protect

vessels from the hazards posed during

repairs to the bridge fender system.

EFFECTIVE DATES: This rule is effective

from Tuesday, May 30, 2000, through

Saturday, June 3, 2000, between 9 p.m.

and 7:30 a.m. and from Monday, June 5,

2000 through Saturday, June 10, 2000

between 6 p.m. and 5 a.m.

ADDRESSES: Comments and material

received from the public, as well as

30884 Federal Register / Vol. 65, No. 94 / Monday, May 15, 2000 / Rules and Regulations

documents indicated in this preamble as

being available in the docket, are part of

docket CGD1–00–123 and are available

for inspection or copying at Marine

Safety Office Boston, 455 Commercial

Street, Boston, MA between the hours of

8 a.m. and 3 p.m., Monday through

Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Brian Downey, Waterways

Management Division, Coast Guard

Marine Safety Office Boston, (617) 223–

3000.

SUPPLEMENTARY INFORMATION:

Regulatory Information

As authorized by 5 U.S.C. 553, the

Coast Guard 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 a NPRM and for

making this rule effective less than 30

days after publication in the Federal

Register. Any delay in implementing

this rule would be contrary to the public

interest since immediate action is

needed to close a portion of the Chelsea

River and protect the maritime public

from the hazards associated with bridge

repair activities.

Background and Purpose

The Chelsea Street Bridge over the

Chelsea River, Chelsea, MA, requires

repairs. During the repair evolution,

barges will be moored in the center of

the channel. Barge placement requires

the closure of the waterway to ensure

vessel safety during repairs to the bridge

fender system.

This regulation establishes a safety

zone in all waters of the Chelsea River

100 yards upstream and 100 yards

downstream from the centerline of the

Chelsea Street Bridge. This safety zone

prohibits entry into or movement within

this portion of the Chelsea River. In an

effort to maximize commerce during the

channel closures, waterway user input

was solicited at a March 9, 2000 meeting

hosted by Marine Safety Office Boston.

The meeting was attended by 13

stakeholders. The nature of the repair

work to be conducted requires low tide

conditions. The Coast Guard was able to

balance this need with community

demands through the aforementioned

open forum, which arrived at a group

consensus between marine operators,

the bridge owner, construction

contractor, and harbor pilots. A current

safety zone under 33 CFR 165.120 closes

this same channel portion to vessels

over 630.5 feet between sunset and

sunrise. Therefore, the group, based on

the contractor’s recommendation,

agreed upon the nightly closures. The

duration of the safety zone will be from

Tuesday, May 30, 2000 through

Saturday, June 3, 2000, between 9 p.m.

and 7:30 a.m. and from Monday, June 5,

2000 through Saturday, June 10, 2000

between 6 p.m. and 5 a.m. The Coast

Guard will make Marine Safety

Information Broadcasts informing

mariners of this safety zone.

Regulatory Evaluation

This final 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).

The Coast Guard expects the economic

impact of this rule to be so minimal that

a full regulatory evaluation under

paragraph 10e of the regulatory policies

and procedures of DOT is unnecessary.

This finding is based on the limited

duration of the safety zone and limited

commercial traffic expected in the area

during the effective periods. Moreover,

commercial operators will receive

advance channel closure notification

through Port Operators’ Group meetings,

Safety Marine Information Broadcasts

and industry dissemination. The early

notification will permit mariners ample

time to alter voyage plans.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601–612), the Coast Guard

considered whether this rule would

have a significant economic impact on

a substantial number of small entities.

‘‘Small entities’’ may include (1) small

businesses and not-for-profit

organizations that are independently

owned and operated and are not

dominant in their fields and (2)

governmental jurisdictions with

populations of less than 50,000.

The Coast Guard certifies under

section 605(b) of the Regulatory

Flexibility Act (5 U.S.C. 601 et seq.) that

this rule will not have a significant

impact on a substantial number of small

entities.

This rule will affect the following

entities, some of which may be small

entities: the owners or operators of

vessels intending to transit or anchor in

a portion of the Chelsea River from May

30, 2000 through June 3, 2000 between

9 p.m. and 7:30 a.m. and from June 5

through 10, 2000 between 6 p.m. and 5

a.m.

This safety zone will not have a

significant economic impact on a

substantial number of small entities for

the following reasons: The Coast Guard

will issue maritime advisories before the

effective period that will be widely

available to users of the river; and the

closures are based on waterway user

input.

Assistance for Small Entities

Under section 213(a) of the Small

Business Regulatory Enforcement

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

the Coast Guard offered to assist small

entities in understanding this final rule

so that they could better evaluate its

effects on them and participate in the

rulemaking process. The Coast Guard

coordinated a March 9, 2000 meeting of

Chelsea River users to gain input and

feedback about the channel closures.

The group agreed upon the schedule

provided.

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 proposal calls for no new

collection of information under the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501–3520).

Federalism

The Coast Guard has analyzed this

rule under Executive Order 13132 and

has determined that this rule does not

have federalism implications 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

Federal Register / Vol. 65, No. 94 / Monday, May 15, 2000 / Rules and Regulations 30885

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 risk to

safety that may disproportionately affect

children.

Environment

The Coast Guard considered the

environmental impact of this final rule

and concluded that under Figure 2–1,

paragraph 34(g), of Commandant

Instruction M16475.1C, this rule is

categorically excluded from further

environmental documentation. A

Categorical Exclusion Determination is

available in the docket for inspection or

copying where indicated under

ADDRESSES.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and record keeping

requirements, Security measures,

Waterways.

For reasons discussed in the

preamble, the Coast Guard amends 33

CFR Part 165 as follows:

PART 165— REGULATED

NAVIGATION AREAS AND LIMITED

ACCESS AREAS

1. The authority citation for part 165

continues to read as follows:

Authority: 33 U.S.C. 1231; 50 U.S.C. 191;

33 CFR 1.05–1(g), 6.04–1, 6.04–6, 160.5; 49

CFR 1.46.

2. Add temporary § 165.T00–123 to

read as follows:

§ 165.T00–123 Safety Zone: Chelsea Street

Bridge, Chelsea River, Chelsea, MA

(a) Location. The following area is a

safety zone: All waters of the Chelsea

River 100 yards upstream and 100 yards

downstream from the centerline of the

Chelsea Street Bridge.

(b) Effective Dates. This rule is

effective from Tuesday, May 30, 2000

through Saturday, June 3, 2000 between

9 p.m. and 7:30 a.m. and Monday, June

5, 2000 through Saturday, June 10, 2000

between 6 p.m. and 5 a.m.

(c) Regulations. (1) Entry into or

movement within this zone is

prohibited unless authorized by the

Captain of the Port, (COTP) Boston.

(2) All persons and vessels shall

comply with the instructions of the

COTP or the designated on-scene U.S.

Coast Guard patrol personnel. U.S.

Coast Guard patrol personnel include

commissioned, warrant, and petty

officers of the U.S. Coast Guard.

(3) The general regulations covering

safety zones in § 165.23 apply.

Dated: May 5, 2000.

J.R. Whitehead,

Captain, Coast Guard. Captain of the Port,

Boston, Massachusetts.

[FR Doc. 00–12148 Filed 5–12–00; 8:45 am]

BILLING CODE 4910–15–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Western Alaska 00–002]

RIN 2115–AA97

Safety Zone; Port Graham, Cook Inlet,

AK

AGENCY: Coast Guard, DOT,

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary 600-yard

radius safety zone Port Graham, Cook

Inlet, Alaska. The Heavy-lift vessel

SWAN will anchor in this position and

off-load equipment for the Exploratory

Drilling Structure ‘OSPREY’. This safety

zone is implemented to ensure the safe

and timely anchoring, loading, and

departure of vessels and a barge

operating in Port Graham, Cook Inlet,

Alaska.

DATES: This temporary final rule is

effective from 12:01 a.m. on June 12,

2000, until 11:59 p.m. on June 16, 2000.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Commander Rick Rodriguez,

Chief of Port Operations, USCG Marine

Safety Office, Anchorage, at (907) 271–

6724.

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 and delaying the

effective date would be contrary to

national safety interests since

immediate action is needed to minimize

potential danger to the public. The

OSPREY platform is a large structure

that is difficult to maneuver, and will be

towed in the strong currents of Cook

Inlet, Alaska. Publishing an NPRM and

delaying the effective date of the

regulation would be contrary to the

public interest, because immediate

action is necessary to protect

participants and other vessel traffic from

the potential hazards associated with

the operation.

Background and Purpose

The Coast Guard is establishing a

temporary 600-yard radius safety zone

on the navigable waters of the United

States around latitude 59°21′36′′ N,

longitude 151°50′40′′ W (NAD 1983).

The Heavy-lift vessel SWAN will anchor

in this position and off-load the tower,

tower legs, and associated equipment

for the Exploratory Drilling Structure

‘OSPREY’ in Port Graham, Cook Inlet,

Alaska. The safety zone is designed to

permit the safe and timely anchoring,

off-loading, and departure of this vessel

in the narrow timeframe in which this

can be safely done. The safety zone’s

600-yard standoff also aids the safety of

these evolutions by minimizing

conflicts and hazards that might

otherwise occur with other transiting

vessels. The limited size of the zone is

designed to minimize impact on other

mariners transiting through the area.

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 cost

and benefits under section 6(a)(3) of that

order. It has not been reviewed by the

Office of Management and Budget 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). The

Coast Guard expects the economic

impact of this proposal to be so minimal

that a full Regulatory Evaluation under

paragraph 10(e) of the regulatory

policies and procedures of DOT is

unnecessary.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.), the Coast Guard

considers whether this rule will have

significant economic impacts on a

substantial number of small entities.

‘‘Small entities’’ include 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.

Because this safety zone is very small,

will only be in effect for five days, and

does not impede access to other