Federal Register / Vol. 65, No. 119 / Tuesday, June 20, 2000 / Rules and Regulations 38205

Time: 6:00 p.m. to 10:00 p.m.

Location: Tim’s Cove, North Bay,

Osterville, RI, 41°37′30′′N/070°23′21′′ W

(NAD 1983).

Connecticut—July 4th—7.34—Rain

date: July 8th

Name: Fairfield Aerial Fireworks.

Sponsor: Fairfield Park Commission.

Time: 9:00 p.m. to 10:30 p.m.

Location: Jennings Beach, Long Island

Sound, Fairfield, CT, 41°08′22′′ N/

073°14′02′′ W.

Connecticut—July 3rd—7.35—Rain

date: July 4th

Name: Subfest Fireworks.

Sponsor: U.S. Naval Submarine Base.

Time: 9:00 p.m. to 10:00 p.m.

Location: Thames River, Groton, CT.

Connecticut—July 3rd—7.39

Name: City of Norwalk Fireworks.

Sponsor: Norwalk Recreation and

Parks Department.

Time: 9:15 p.m. to 10:30 p.m.

Location: Calf Pasture Beach, Long

Island Sound, Norwalk, CT, 41°04′50′′

N/073°23′22′′ W (NAD 1983).

Connecticut—July 3rd—7.41

Name: Stratford Fireworks.

Sponsor: Town of Stratford.

Time: 9:30 p.m. to 11:30 p.m.

Location: Short Beach, Stratford, CT,

41°09′5′′N/073°06′5′′W (NAD 1983).

Connecticut—June 30th—7.42

Name: Westport P.A.L. Fireworks.

Sponsor: Westport Police Athletic

League.

Time: 9:30 p.m. to 10:30 p.m.

Location: Compo Beach, Westport,

CT, 41°06′6′′N/073°20′31′′ W (NAD

1983).

New York—July 22nd—7.50

Name: Boys Harbor Fireworks

Extravaganza.

Sponsor: Boys Harbor Inc.

Time: 9:00 p.m. to 10 p.m.

Location: Three Mile Harbor, East

Hampton, NY, 41°15′N/070°11′91′′ W

(NAD 1983).

Massachusetts—August 18th—8.9—

Rain date: August 19th

Name: Oaks Bluff Fireworks.

Sponsor: Oaks Bluff Fireman’s Civic

Association.

Time: 4:00 p.m. to 10:00 p.m.

Location: Oaks Bluff Beach, Oaks

Bluff, MA, 41°27′5′′N/070°33′0′′W (NAD

1983).

Connecticut—September 9th—9.5

Name: Taste of Italy.

Sponsor: Italian Heritage Committee.

Time: 8:00 p.m. to 10:00 p.m.

Location: Norwich Harbor, off

Norwich Marina, Norwich, CT,

41°31′20′′ N/073°04′83′′ W (NAD 1983).

Dated: June 2, 2000.

G.N. Naccara,

Rear Admiral, U.S. Coast Guard Commander,

First Coast Guard District.

[FR Doc. 00–15515 Filed 6–19–00; 8:45 am]

BILLING CODE 4910–15–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01–00–135]

RIN 2115–AE47

Drawbridge Operation Regulations:

Acushnet River, Annisqualm River,

Fore River and Taunton River, MA.

AGENCY: Coast Guard, DOT.

ACTION: Direct final rule.

SUMMARY: The Coast Guard is changing

the drawbridge operation regulations

governing four bridges: the New Bedford

Fairhaven (SR6) Bridge, mile 0.0, across

the Acushnet River between New

Bedford and Fairhaven; the Blynman

(SR127) Bridge, mile 0.0, across the

Annisqualm River at Gloucester; the

Quincy Weymouth (SR3A) Bridge, mile

3.5, across the Fore River between

Quincy and Weymouth; and the

Brightman Street Bridge, mile 1.8,

across the Taunton River between

Somerset and Fall River, all in

Massachusetts. This rule will require

these bridges to open on signal if at least

a two-hour notice is given from 6 p.m.

on December 24 to midnight on

December 25 and from 6 p.m. on

December 31 to midnight on January 1.

A two-hour advance notice for bridge

openings is expected to relieve the

bridge owner from crewing these

bridges during the holidays and still

meet the needs of navigation.

DATES: This rule is effective November

10, 2000, unless a written adverse

comment, or written notice of intent to

submit an adverse comment, reaches the

Coast Guard on or before September 10,

2000. If an adverse comment, or notice

of intent to submit an adverse comment,

is received, the Coast Guard will

withdraw this direct final rule and

publish a timely notice of withdrawal in

the Federal Register.

ADDRESSES: You may mail comments

and related material to the Commander

(obr), First Coast Guard District, 408

Atlantic Avenue, Boston, Massachusetts

02110–3350, or deliver them to the same

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

Monday through Friday, except Federal

holidays. The telephone number is (617)

223–8364.

The First Coast Guard District, Bridge

Branch, maintains the public docket for

this rulemaking. Comments, and

material received from the public, as

well as documents indicated in this

preamble as being available in the

docket, will become part of this docket

and will be available for inspection or

copying at the First Coast Guard District

Bridge Branch Office between 7 a.m.

and 3 p.m., Monday through Friday,

except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr.

John W. McDonald, Project Officer, First

Coast Guard District, (617) 223–8364.

SUPPLEMENTARY INFORMATION:

Request for Comments

We encourage you to participate in

this rulemaking by submitting

comments or related material. If you do

so, please include your name and

address, identify the docket number for

this rulemaking (CGD01–00–135),

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 8 1⁄2 by 11 inches,

suitable for copying. If you would like

to know if 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 rule in view of them.

Regulatory Information

The Coast Guard is publishing a direct

final rule, the procedures of which are

outlined in 33 CFR 1.05–55, because no

adverse comment is anticipated. If no

adverse comment or written notice of

intent to submit an adverse comment is

received within the specified comment

period, this rule will become effective as

stated in the DATES section. In that case,

approximately 30 days before the

effective date, the Coast Guard will

publish a document in the Federal

Register stating that no adverse

comment was received and confirming

that this rule will become effective as

scheduled. However, if the Coast Guard

receives a written adverse comment or

written notice of intent to submit an

adverse comment, the Coast Guard will

publish a document in the Federal

Register announcing withdrawal of all

or part of this direct final rule. If an

adverse comment only applies to only

part of this rule and it is possible to

remove that part without defeating the

purpose of this rule, the Coast Guard

38206 Federal Register / Vol. 65, No. 119 / Tuesday, June 20, 2000 / Rules and Regulations

may adopt as final those parts of this

rule on which no adverse comment was

received. The part of this rule that was

the subject of an adverse comment will

be withdrawn. If the Coast Guard

decides to proceed with a rulemaking

following receipt of an adverse

comment, the Coast Guard will publish

a separate Notice of Proposed

Rulemaking (NPRM) and provide a new

opportunity for comment.

A comment is considered ‘‘adverse’’ if

the comment explains why this rule

would be inappropriate, including a

challenge to the rule’s underlying

premise or approach, or would be

ineffective or unacceptable without a

change.

Background and Purpose

This rule amends bridge regulations

governing the operation of the following

bridges:

New Bedford Fairhaven (SR6) Bridge

The New Bedford Fairhaven (SR6)

Bridge has a vertical clearance of 8 feet

at mean high water and 12 feet at mean

low water. The existing operating

regulations at 33 CFR 117.585 require

the bridge to open on the hour between

6 a.m. and 10 a.m. inclusive; open at

quarter past the hour from 11:15 a.m. to

6:15 p.m. inclusive; open on signal at all

other times. The draw shall be opened

at any time for vessels whose draft

exceeds 15 feet.

Blynman (SR127) Bridge

The Blynman (SR127) Bridge has a

vertical clearance of 7 feet at mean high

water and 16 feet at mean low water.

The existing operating regulations

require the bridge to open on signal at

all times.

Quincy Weymouth (SR3A) Bridge

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 operating

regulations at 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, the draw need not be

opened. The bridge opens at all times

for self-propelled vessels greater than

10,000 gross tons.

Brightman Street Bridge

The Brightman Street Bridge has a

vertical clearance of 27 feet at mean

high water and 31 feet at mean low

water. The existing operating

regulations at 33 CFR 117.619 require

the bridge to open on signal, except that;

from November 1 through March 31,

between 6 p.m. and 6 a.m., the bridge

shall open if at least a one-hour notice

is given, from 6 p.m. to midnight on

December 24 and all day on December

25 and January 1, the bridge shall open

if at least a two-hour advance notice is

given.

The bridge owner, Massachusetts

Highway Department (MHD), asked the

Coast Guard to change the operating

regulations to allow these bridges to

open on signal if at least a two-hour

notice is given from 6 p.m. on Christmas

Eve to midnight on Christmas Day and

from 6 p.m. on New Year’s Eve to

midnight on New Year’s Day. There

have been few requests to open these

bridges on these holidays in past years.

In addition, the Coast Guard

published a notice of temporary

deviation with request for comments on

December 1, 1999, to test the requested

change. No comments were received in

response to that notice.

Discussion of Rule

This direct final rule will revise

existing bridge regulations or add new

regulations as follows:

New Bedford Fairhaven (SR6) Bridge

Revise section 33 CFR 117.585(d) to

require that from 6 p.m on December 24

to midnight on December 25 and from

6 p.m. on December 31 to midnight on

January 1, the draw shall open on signal

after a two-hour notice is given by

calling the number posted at the bridge.

The requirement that the bridge owner

shall post the operating regulations will

be removed because it is now listed

under 33 CFR 117.55 of this chapter.

Blynman (SR127) Bridge

Add section 33 CFR 117.586 for the

Annisqualm River and Blynman Canal

to require the draw to open on signal;

except that, from 6 p.m. on December 24

to midnight on December 25 and from

6 p.m. on December 31 to midnight on

January 1, the draw shall open on signal

if at least a two-hour notice is given by

calling the number posted at the bridge.

Quincy Weymouth (SR3A) Bridge

Add paragraph (c) in section 33 CFR

117.621 to require that from 6 p.m. on

December 24 to midnight on December

25 and from 6 p.m. on December 31 to

midnight on January 1, the draw shall

open on signal if at least a two-hour

notice is given by calling the number

posted at the bridge.

Brightman Street Bridge

Revise section 33 CFR 117.619(b) to

require the draw of the Brightman Street

Bridge between Somerset and Fall River

to open on signal; except that, from

November 1 through March 31, between

6 p.m. and 6 a.m. daily, the draw shall

open on signal if at least a one-hour

notice is given. From 6 p.m. on

December 24 to midnight on December

25 and from 6 p.m. on December 31 to

midnight on January 1, the draw shall

open on signal if at least a two-hour

notice is given by calling the number

posted at the 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 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, Feb. 26, 1979).

We expect 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

conclusion is based upon the fact that

the bridges will still open on signal after

a two-hour notice is given and that there

have been few requests to open these

bridges on the 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.

The Coast Guard certifies under

section 5 U.S.C. 605(b), for reasons

discussed in the Regulatory Evaluation

section above, that this rule would not

have a significant economic impact on

a substantial number of small entities.

This conclusion is based upon the fact

that the bridges will still open on signal

after a two-hour notice is given and that

there have been few requests to open

these bridges on the holidays.

If you think that your business,

organization, or governmental

jurisdiction qualifies as a small entity

and that this rule would have a

significant economic impact on it,

please submit a comment (see

ADDRESSES) explaining why you think it

qualifies and how and to what degree

this rule would economically affect it.

Federal Register / Vol. 65, No. 119 / Tuesday, June 20, 2000 / Rules and Regulations 38207

Collection of Information

This 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 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 rule

would not impose an unfunded

mandate.

Taking of Private Property

This 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 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

We considered the environmental

impact of this rule and concluded that,

under figure 2–1, paragraph (32)(e), of

Commandant Instruction M16475.1C,

this rule is categorically excluded from

further environmental documentation

because promulgation of drawbridge

regulations have been found not to have

a significant effect on the environment.

A ‘‘Categorical Exclusion

Determination’’ is available in the

docket where indicated under

ADDRESSES.

List of Subjects in 33 CFR Part 117

Bridges.

Regulations

For the reasons set out in the

preamble, the Coast Guard amends 33

CFR part 117 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. Section 117.585(d) is revised to

read as follows:

§ 117.585 Acushnet River

* * * * *

(d) From 6 p.m. on December 24 to

midnight on December 25 and from 6

p.m. on December 31 to midnight on

January 1, the draw shall open on signal

if at least a two-hour notice is given by

calling the number posted at the bridge.

3. Section 117.586 is added to read as

follows:

§ 117.586 Annisqualm River and Blynman

Canal

The draw of the Blynman (SR127)

Bridge shall open on signal; except that,

from 6 p.m. on December 24 to midnight

on December 25 and from 6 p.m. on

December 31 to midnight on January 1,

the draw shall open on signal if at least

a two-hour notice is given by calling the

number posted at the bridge.

4. In § 117.621 paragraph (c) is added

to read as follows:

§ 117.621 Fore River

* * * * *

(c) From 6 p.m. on December 24 to

midnight on December 25 and from 6

p.m. on December 31 to midnight on

January 1, the draw shall open on signal

if at least a two-hour notice is given by

calling the number posted at the bridge.

5. Section 117.619(b) is revised to

read as follows:

§ 117.619 Taunton River

* * * * *

(b) The draw of the Brightman Street

Bridge between Somerset and Fall River

shall open on signal; except that, from

November 1 through March 31, between

6 p.m. and 6 a.m. daily, the draw shall

open if at least a one-hour notice is

given. From 6 p.m. on December 24 to

midnight on December 25 and from 6

p.m. on December 31 to midnight on

January 1, the draw shall open on signal

if at least a two-hour notice is given by

calling the number posted at the bridge.

* * * * *

Dated: June 5 2000.

G.N. Naccara,

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

First Coast Guard District.

[FR Doc. 00–15216 Filed 6–19–00; 8:45 am]

BILLING CODE 4910–15–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD05–00–015]

RIN 2115–AA97

Safety Zone: Atlantic Ocean, Virginia

Beach, VA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing temporary safety zones for

the Virginia Beach Fireworks displays,

north of the Virginia Beach Fishing Pier,

in the Atlantic Ocean. This action will

restrict vessel traffic on the Atlantic

Ocean within a 2500-foot radius of a

fireworks laden barge. The safety zone

is necessary to protect mariners and

spectators from the hazards associated

with the fireworks display.

DATES: This rule is effective from July 9,

2000 through September 9, 2000.

ADDRESSES: Comments and materials

received from the public, as well as

documents indicated in this preamble as

being available in the docket, are part of

docket CGD05–00–015 and are available

for inspection or copying at the USCG

Marine Safety Office, 200 Granby Street,

Norfolk, VA between 8 a.m. and 4 p.m.,

Monday through Friday, except Federal

holidays.

FOR FURTHER INFORMATION CONTACT:

Chief Petty Officer Roddy Corr, project

officer, USCG Marine Safety Office

Hampton Roads, telephone number

(757) 441–3290.

SUPPLEMENTARY INFORMATION:

Regulatory History

On May 26, 2000, we published a

Notice of Proposed Rule Making

(NPRM) entitled Safety Zone; Atlantic

Ocean, Virginia Beach, VA in the

Federal Register (65 FR 34127). We

received no letters commenting on the

proposed rule. No public hearing was

requested and none was held.

Background and Purpose

The city of Virginia Beach is

sponsoring several fireworks events

from July 9, 2000 through September 9,

2000. The fireworks will be fired from

a barge in approximate position 36°