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###### Department of Transportation

###### Coast Guard

          - 33 CFR Part 117
          - CGD11-00-003
          - RIN 2115-AE47

# 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-for-profit 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.                          ( print page 35826)    

## 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 

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]

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