31478 Federal Register / Vol. 65, No. 97 / Thursday, May 18, 2000 / Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

(CGD08–00–011)

RIN 2115–AE47

Drawbridge Operating Regulation;

Massalina Bayou, Florida

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Commander, Eighth

Coast Guard District has temporarily

changed the regulation governing the

operation of the Tarpon Dock bascule

span drawbridge across Massalina

Bayou, mile 0.0, at Panama City, Bay

County, Florida. The draw of the bridge

may remain closed to navigation from 9

p.m. until 11 p.m. on July 4, 2000. This

temporary rule is issued to facilitate

movement of vehicular traffic associated

with a fireworks display. Presently the

draw opens on signal at all times.

DATES: This rule is effective from 9 p.m.

to 11 p.m. on July 4, 2000.

ADDRESSES: Material received from the

public, as well as documents indicated

in this preamble as being available in

the docket, are part of docket CGD08–

00–011 and are available for inspection

or copying at the Bridge Administration

Branch, Eighth Coast Guard District, 501

Magazine Street, Room 1313, New

Orleans, Louisiana, 70130–3396

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

through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

David Frank, Bridge Administration

Branch, at the address given above.

Telephone (504) 589–2965.

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 good cause exists for

not publishing an NPRM. This

temporary bridge closure has become an

annual event in conjunction with the

4th of July fireworks celebration. The

closure is for two hours and does not

significantly affect marine traffic.

Background and Purpose

The City of Panama City, Florida

requested a temporary rule, changing

the operation of the Tarpon Dock

bascule span drawbridge. The rule is

needed to accommodate the additional

volume of vehicular traffic that the

fireworks display is expected to

generate. The Tarpon Dock bascule span

drawbridge across Massalina Bayou has

a vertical clearance of 7 feet above mean

high water in the closed-to-navigation

position and unlimited in the open-tonavigation position. Navigation on the

waterway consists primarily of

commercial fishing vessels, sailing

vessels and other recreational craft.

Regulatory Evaluation

This temporary 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).

We expect the economic impact of

this temporary rule to be so minimal

that a full Regulatory Evaluation under

paragraph 10e of the regulatory policies

and procedures of DOT is unnecessary.

This is because the number of vessels

impaired by the closed-to-navigation

period is minimal. All commercial

vessels still have ample opportunity to

transit this waterway before and after

the two-hour closure on July 4, 2000.

Small Entities

Under the Regulatory Flexibility Act

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

must consider whether this temporary

rule will have a significant economic

impact on a substantial number of small

entities. The term ‘‘small entities’’

comprises small businesses, not-forprofit 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 temporary rule

will not have a significant economic

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 through the

Tarpon dock bridge across Massalina

Bayou from 9 p.m. to 11 p.m. on July

4, 2000.

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 the temporary rule so

that they can better evaluate its effects

on them and participate in the

rulemaking process. If the rule would

affect your small business, organization,

or governmental jurisdiction and you

have questions concerning its

provisions or options for compliance,

please contact the Bridge

Administration Branch, Eighth Coast

Guard District at the address above.

Collection of Information

This temporary 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 temporary 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 temporary

rule would not impose an unfunded

mandate.

Taking of Private Property

This temporary 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 temporary 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 temporary 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.

Environmental

The Coast Guard considered the

environmental impact of this temporary

rule and concluded that under Figure 2–

1, paragraph 32(e) of Commandant

Instruction M16475.1C, this temporary

rule is categorically excluded from

further environmental documentation.

Bridge Administration Program actions

that can be categorically excluded

include promulgation of operating

Federal Register / Vol. 65, No. 97 / Thursday, May 18, 2000 / Rules and Regulations 31479

regulations or procedures for

drawbridges. 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 set out in the

preamble, the Coast Guard is amending

Part 117 of Title 33, Code of Federal

Regulations, 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. From 9 p.m. until 11 p.m. on July

4, 2000, a new temporary § 117.T301 is

added to read as follows:

§ 117.T301 Massalina Bayou.

The draw of the Tarpon Dock bascule

span bridge, Massalina Bayou, mile 0.0

at Panama City, shall open on signal;

except that from 9 p.m. until 11 p.m. on

July 4, 2000, the draw need not open for

the passage of vessels.

Dated: May 5, 2000.

K.J. Eldridge,

Captain, U.S. Coast Guard, Acting

Commander, 8th Coast Guard Dist.

[FR Doc. 00–12571 Filed 5–17–00; 8:45 am]

BILLING CODE 4910–15–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Western Alaska 00–003]

RIN 2115–AA97

Safety Zone; Port Graham, Cook Inlet,

Alaska

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary 250-yard

radius safety zone on the navigable

waters located in Port Graham, Cook

Inlet, Alaska. The Derrick Barge LOS

ANGELES will anchor in this position

and assemble the Exploratory Drilling

Structure ‘‘OSPREY’’. This safety zone

is implemented to ensure the safe and

timely anchoring of the Derrick Barge

LOS ANGELES and the safe assembly of

the Drilling Structure OSPREY in Port

Graham, Cook Inlet, Alaska. This safety

zone is necessary because the operation

requires the LOS ANGELES to remain in

the anchoring position until the

assembly of the OSPREY is complete.

Vessels or personnel not engaged in the

anchoring and assembly operation, and

operating within the 250-yard radius

may place themselves at risk to injury.

DATES: This temporary final rule is

effective from 12:01 a.m. on June 16,

2000, until 11:59 p.m. on July 10, 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 History

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

and vessels or personnel not engaged in

the towing or setting down operation

operating within the 600-yard radius

may place themselves at risk of injury.

The event is scheduled for June 16, 2000

and the permit request was only

recently received.

Background and Purpose

The Coast Guard is establishing a

temporary 250-yard radius safety zone

on the navigable waters of the United

States around the position Latitude 59–

21.40 N, Longitude 151–49.50 W. The

Derrick Barge LOS ANGELES will

anchor in this position and assemble the

tower to the tower legs of the

Exploratory Drilling Structure

‘‘OSPREY’’ in Port Graham, Cook Inlet,

Alaska. The safety zone is designed to

permit the safe and timely anchoring

and assembly of this structure in the

narrow timeframe in which this can be

safely done. The safety zone’s 250-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 twenty five

days, and does not impede access to

other maritime facilities in the area, the

Coast Guard believes there will be no

impact to small entities. 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.

Collection of Information

This rule does not provide for a

collection of information under the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501 et seq.).

Federalism

The Coast Guard has analyzed this

rule under the principles and criteria

contained in Executive Order 12612 and

has determined that this rule does not

have sufficient federalism implications

to warrant the preparation of a

Federalism Assessment.

Environment

The Coast Guard considered the

environmental impact of this 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 because

it establishes a safety zone

Unfunded Mandates

The Unfunded Mandates Reform Act

of 1995 (2 U.S.C. 1531–1538) and E.O.

12875, Enhancing the Intergovernmental

Partnership, (58 FR 58093; October 28,

1993) govern the issuance of Federal