37862 Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations

§ 165.T01–195 Security Zone: USS JOHN

F. KENNEDY, North Jetty, Boston Harbor,

Boston, MA.

(a) Location. The following is a

security zone: All waters of Boston

inner harbor at the North Jetty, South

Boston, bounded as follows: Beginning

at approximate 42°20′53′′ N, 071°01′34′′

W; then running to 42°20′56′′ N,

071°01′32′′ W; along the western edge of

Boston Harbor South Channel then

running to 42°20′51′′ N, 071°01′23′′ W;

then running to 42°20′49′′ N, 071°01′24′′

W; then running along the pier face to

the point of beginning. All coordinates

are NAD 1983.

Effective dates. This section is

effective from July 10, 2000 through July

16, 2000.

(b) Regulations. The following

regulation applies: Vessels may not

enter the security zone unless

authorized by the Captain of the Port.

Dated: June 6, 2000.

G.N. Naccara,

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

First Coast Guard District.

[FR Doc. 00–15321 Filed 6–16–00; 8:45 am]

BILLING CODE 4910–15–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD07–00–051]

RIN 2115–AE47

Drawbridge Operation Regulations:

Atlantic Intracoastal Waterway, Miami,

Dade County, FL

AGENCY: Coast Guard, DOT.

ACTION: Temporary rule with requests

for comments.

SUMMARY: Commander, Seventh Coast

Guard is temporarily changing the

regulations of the N.E. 163rd Street (SR

826) bridge at Sunny Isles across the

Atlantic Intracoastal Waterway, mile

1078.0 in Miami, Florida, until July 31,

2000. This temporary rule allows the

N.E. 163rd Street (SR 826) bridge at

Sunny Isles to maintain the south

bascule leaf in the down position with

a two hour advance notification to the

bridge tender to provide a double leaf

opening until July 31, 2000. This is

necessary to allow for repairs.

DATES: This temporary rule is effective

from June 7, 2000 to July 31, 2000.

Comments must be received by June 30,

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 [CGD07–00–051] and are

available for inspection or copying at

Commander (obr), Seventh Coast Guard

District, 909 S.E. 1st Avenue, Miami,

Florida, between 7:30 a.m. and 4 p.m.,

Monday through Friday, except Federal

holidays.

FOR FURTHER INFORMATION CONTACT: Mr.

Barry Dragon, Project Officer, Seventh

Coast Guard District, Bridge Section, 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. It was

impracticable to publish an NPRM,

because there was insufficient time

remaining after we were notified of the

dates of the repairs to follow normal

rulemaking procedures.

Further, 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. A delayed effective date is

impracticable as repairs on the bridge

are already underway.

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

the rulemaking [CGD07–00–051],

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. We

may change this rule in view of them.

Public Meeting

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 N.E. 163rd Street (SR 826) bridge

at Sunny Isles, mile 1078.0, across the

Atlantic Intracoastal Waterway, has a

vertical clearance of 36 feet at mean

high water and a horizontal clearance of

90 feet between fenders. The existing

operating regulations in 33 CFR

117.261(ll) require the bridge to open on

signal; except that from 7 a.m. to 6 p.m.

on Monday through Friday, except

Federal holidays, and from 10 a.m. to 6

p.m. on Saturdays, Sundays, and

Federal holidays, the draw need open

only on the quarter-hour and threequarter hour.

The Florida Department of

Transportation notified the Coast Guard

on April 12, 2000, that the repairs to the

north bascule leaf was to be completed

by April 22, 2000, and that repairs were

to commence on the south leaf, which

would require a temporary rule. This

temporary rule will allow the south leaf

of the N.E. 163rd Street (SR 826) bridge

at Sunny Isles in Miami, Florida, to

remain closed until July 31, 2000,

unless two hours advance notification is

provided to the bridge tender requesting

a double-leaf opening.

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 rule to be minimal

because of the limited duration of the

rule, as well as the provision for double

leaf openings with advance notice.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601–612), we considered

whether this rule will have a significant

economic effect upon a substantial

number of small entities. ‘‘Small

entities’’ include small business, notfor-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 5

U.S.C. 605(b) that this rule will not have

a significant economic impact on a

substantial number of small entities as

the temporary rule will only delay a full

opening of the drawbridge for a limited

period of time.

Assistance for Small Entities

Under section 213(a) of the Small

Business Regulatory Enforcement

Fairness Act of 1996 (Pub. L. 104–221),

we offer to assist small entities in

Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations 37863

understanding the rule so that they can

better evaluate its effects on them and

participate in the rulemaking process.

Small entities may contact the person

listed under FOR FURTHER INFORMATION

CONTACT for assistance in understanding

and participating in this rulemaking. We

also have a point of contact for

commenting on actions by employees of

the Coast Guard. 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 requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

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 safety

that may disproportionately affect

children.

Environment

The Coast Guard has considered the

environmental impact of this action and

has determined under figure 2–1,

paragraph 32(e) of Commandant

Instruction M16475.1C, that 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 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 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 June 7, 2000 to July 31, 2000,

§ 117.261(ll) is suspended and a new

paragraph (ss) is added to read as

follows:

§ 117.261 Atlantic Intracoastal Wateray

from St. Marys River to Key Largo.

* * * * *

N.E. 163rd Street (SR826) bridge, mile

1078.0 at Sunny Isles. The draw shall

open on signal; except that, from 7 a.m.

to 6 p.m. on Monday through Friday

except Federal holidays, and from 10

a.m. to 6 p.m. on Saturdays, Sundays,

and Federal holidays, the draw need

open only on the quarter-hour and

three-quarter hour. The south leaf may

remain in the closed position unless two

hours advance notice for a double leaf

opening is provided to the bridge

tender.

Dated: June 7, 2000.

T.W. Allen,

Rear Admiral, Commander, Seventh Coast

Guard District.

[FR Doc. 00–15324 Filed 6–16–00; 8:45 am]

BILLING CODE 4910–15–P

DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Parts 5 and 13

RIN 1024–AC58

National Park System Units in Alaska;

Denali National Park and Preserve,

Special Regulations

AGENCY: National Park Service, (NPS),

Interior.

ACTION: Final rule.

SUMMARY: For the portion of Denali

National Park and Preserve formerly

known as Mount McKinley National

Park (the Old Park) only, this rule

establishes a definition for ‘‘traditional

activities’’ as the term is used in Alaska

National Interest Lands Conservation

Act (ANILCA) section 1110(a) and

related Department of the Interior

regulations. The rule also applies this

definition and determines that, for the

Old Park only, prior to the enactment of

ANILCA, no traditional activities took

place during periods of adequate snow

cover for which snowmachines

(snowmobiles) may now be used. In

addition, the rule implements the June,

2000 Statement of Finding: Permanent

Closure of the Former Mt. McKinley

National Park Area of Denali National

Park and Preserve To The Use of

Snowmachines and determines that any

snowmachine use in the Old Park

would be detrimental to the resource

values of the area. The rule also

consolidates, expands and codifies

certain designations, closures and

permit requirements for Denali National

Park and Preserve, including

requirements for vehicular traffic,

vehicle use limits, and public health

and safety. The rule also replaces the

out-of-date references to ‘‘Mount

McKinley National Park’’ with the

Alaska National Interest Lands

Conservation Act name ‘‘Denali

National Park and Preserve.’’

EFFECTIVE DATE: July 19, 2000.

ADDRESSES: Superintendent, Denali

National Park and Preserve, PO Box 9,

Denali National Park, AK 99755.

Attention: Ken Kehrer, Jr.

FOR FURTHER INFORMATION CONTACT: Ken

Kehrer, Jr. at the above address or by

calling 907–683–2294.

SUPPLEMENTARY INFORMATION:

Background

As used in this Rule, the term ‘‘Old

Park’’ means the portion of Denali

National Park and Preserve that was

formerly known as Mount McKinley

National Park. This Rule incorporates