Federal Register / Vol. 65, No. 109 / Tuesday, June 6, 2000 / Rules and Regulations 35825

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

CGD11–00–003

RIN 2115–AE47

Drawbridge Operating Regulations;

China Basin, Mission Creek, San

Francisco, CA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Commander, Eleventh

Coast Guard District is temporarily

changing the regulation governing the

Third Street Drawbridge, Mile 0.0,

across Mission Creek, China Basin, San

Francisco, CA. The drawbridge need not

open for vessel traffic and may remain

in the closed-to-navigation position

from 8:30 a.m. to 10:30 a.m. on July 9,

2000. This temporary rule is issued to

allow the public to cross the bridge to

participate in the scheduled Second

Annual Chronicle Marathon, a

community event.

DATES: This temporary rule is effective

from 8:30 a.m. to 10:30 a.m. on July 9,

2000.

ADDRESSES: The public docket and all

documents referred to in this notice will

be available for inspection and copying

at offices of the Commander (oan–2),

Building 50–6, Eleventh Coast Guard

District, Coast Guard Island, Alameda,

CA 94501–5100 50–6, between 7 a.m.

and 4 p.m., Monday through Friday,

except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

David H. Sulouff, Chief, Bridge Section,

Eleventh Coast Guard District, Building

50–6 Coast Guard Island, Alameda, CA

94501–5100, telephone 510–437–3516.

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. This rule

is being promulgated without an NPRM

due to the short time frame available

between the submission of the request

by the Department of Public Works of

the City of San Francisco and the date

of the event. 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 May 10, 2000, the Department of

Public Works of the City of San

Francisco requested a temporary change

to the operation of the Third Street

Bridge across Mission Creek, China

Basin at Mile (0.0) in San Francisco,

California. The Third Street Drawbridge

navigation span provides vertical

clearance of 8 feet above MLLW in the

closed-to-navigation position.

Navigation on the waterway consists of

both commercial and recreational

watercraft. Presently, the draw is

required to open on signal if at least one

hour advance notice is given. The City

requested the drawbridge be permitted

to remain closed to navigation from 8:30

a.m. to 10:30 a.m. on July 9, 2000.

During this time the bridge will be

crossed by participants in the scheduled

Second Annual Chronicle Marathon.

This temporary drawbridge operation

amendment has been coordinated with

the waterway users. No objections to the

proposed rule were raised.

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. It has not

been reviewed by the Office of

Management and Budget under that

Order. It is not a ‘‘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

waterway traffic is not likely to be

delayed more than two hours.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601–612), 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 and not-forprofit organizations that are

independently owned and operated and

are not dominant in their fields and

government 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 action 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

David H. Sulouff, Chief, Bridge Section,

Eleventh Coast Guard District, Building

50–6, Coast Guard Island, Alameda, CA

94501–5100, telephone 510–437–3516.

Collection of Information

This rule calls for no new collection

of information under the Paperwork

Reduction Act (44 U.S.C. 3501–3520).

Federalism

We have analyzed this rule under the

principles and criteria contained in

Executive Order 13132, and have

determined that this rule does not have

implications of 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.

35826 Federal Register / Vol. 65, No. 109 / Tuesday, June 6, 2000 / Rules and Regulations

Environmental

The Coast Guard considered the

environmental impact of this temporary

rule and concluded that under Chapter

2.B.2 and Figure 2–1, 32(e) of

Commandant Instruction M16475.1C,

this temporary 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 117

Bridges.

For the reasons set out in the

preamble, the Coast Guard amends 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. Sec. 499; 49 CFR 1.46;

33 CFR 1.05–1(g); section 117.225 also issued

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

Stat. 5039.

2. From 8:30 a.m. to 10:30 a.m., July

9, 2000, § 117.149 is suspended and a

new § 117.T148 is temporarily added to

read as follows:

§ 117.T148 China Basin, Mission Creek.

The draw of the Third Street

Drawbridge, China Basin mile (0.0), at

San Francisco, California need not open

from 8:30 a.m. to 10:30 a.m. on July 9,

2000. During this time it may remain

closed to navigation.

Dated: May 25, 2000.

T.H. Collins,

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

Eleventh Coast Guard District.

[FR Doc. 00–14042 Filed 6–5–00; 8:45 am]

BILLING CODE 4910–15–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD07–00–053]

RIN 2115–AE47

Drawbridge Operation Regulations;

Atlantic Intracoastal Waterway, Mile

1084.6, Miami, FL

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule with

request for comments.

SUMMARY: Commander, Seventh Coast

Guard District is temporarily changing

the regulations governing the West 79th

Street Causeway Bridge, mile 1084.6

across the Atlantic Intracoastal

Waterway at Palm Beach, Florida. This

temporary rule establishes scheduled

openings every 30 minutes, Monday

through Saturday, from 7 a.m. to 6 p.m.,

starting Thursday, May 25, 2000,

through February 28, 2001. The

drawbridge will open on demand during

all other periods including holidays and

Sundays. This action is necessary to

facilitate rehabilitation of the

drawbridge.

DATES: This rule is effective from May

25, 2000, to February 28, 2001.

Comments must be received by

September 29, 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 [CGD07–00–053] 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: Mr.

Barry Dragon, Project Officer, Seventh

Coast Guard District, at (305) 415–6743.

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 rehabilitation

very recently, not leaving time for a

NPRM.

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. We received notice of this

rehabilitation very recently, not leaving

time for a delayed effective date.

Request for Comments

We encourage you to participate in

this rulemaking by submitting

comments and related material. If you

do so, please include your name and

address, identify the docket number for

this rulemaking [CGD07–00–053],

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 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 temporary rule in view of them.

We do not now plan to hold a public

meeting. But you may submit a request

for a meeting by writing to the address

under ADDRESSES, explaining why one

would be beneficial. If the Coast Guard

determines that a public meeting would

aid this rulemaking, we will hold one at

a time and place announced by a later

notice in the Federal Register.

Discussion of the Rule

The West 79th Street Causeway

Drawbridge, mile 1084.6, across the

Atlantic Intracoastal Waterway, has a

vertical clearance of 19.5 feet at mean

high water and a horizontal clearance of

90 feet between fenders. The existing

operating regulations in 33 CFR 117.5

require the bridge to open promptly and

fully for the passage of vessels when a

request to open is given.

The Florida Department of

Transportation requested from the Coast

Guard on May 9, 2000, that the West

79th Street Causeway Drawbridge

operations be temporarily changed to

allow for rehabilitation of the

drawbridge. This temporary rule change

to the drawbridge operating regulations

will allow the drawbridge owner or

operator to open every thirty minutes,

Monday through Saturday, from 7 a.m.

to 6 p.m., starting Thursday, May 25,

2000 through February 28, 2001.

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). The

Coast Guard expects the economic

impact of this proposal to be minimal

because the bridge will still open at 30

minute intervals and on demand during

evenings, Sundays, and holidays.

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.