Federal Register / Vol. 65, No. 122 / Friday, June 23, 2000 / Rules and Regulations 39105

Interference with Constitutionally

Protected Property Rights.

Civil Justice Reform

This rule meets applicable standards

in sections 3(a) and 3(b)(2) of Executive

Order 12988, Civil Justice Reform, to

minimize litigation, eliminate

ambiguity, and reduce burden.

Protection of Children

We have analyzed this rule under

Executive Order 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 (34)(g), of

Commandant Instruction M16475.1C,

this rule is categorically excluded from

further environmental documentation.

A ‘‘Categorical Exclusion

Determination’’ is available in the

docket where indicated under

ADDRESSES. By controlling vessel traffic

during the event, this rule is intended

to minimize environmental impacts of

increased vessel traffic during the

transit of support vessels.

List of Subjects in 33 CFR Part 100

Marine safety, Navigation (water),

Reporting and recordkeeping

requirements, Waterways.

For the reasons discussed in the

preamble, the Coast Guard amends 33

CFR part 100 as follows:

PART 100—[AMENDED]

1. The authority citation for part 100

continues to read as follows:

Authority: 33 U.S.C. 1233 through 1236; 49

CFR 1.46 and 33 CFR 100.35.

2. Add temporary § 100.35–T05–022

to read as follows:

§ 100.35–T05–022 Maryland Swim for Life,

Chester River, Chester, Maryland.

(a) Definitions.

(1) Regulated Area. The waters of the

Chester River, from shoreline to

shoreline bounded on the south by a

line drawn at latitude 39°10′16′′ N and

bounded on the north by a line drawn

at latitude 39°11′35′′ N. All coordinates

reference Datum NAD 1983.

(2) Coast Guard Patrol Commander.

The Coast Guard Patrol Commander is

a commissioned, warrant, or petty

officer of the Coast Guard who has been

designated by the Commander, Coast

Guard Activities Baltimore.

(b) Special Local Regulations.

(1) Except for persons or vessels

authorized by the Coast Guard Patrol

Commander, no person or vessel may

enter or remain in the regulated area.

(2) The operator of any vessel in the

regulated area shall:

(i) Stop the vessel immediately when

directed to do so by any commissioned,

warrant, or petty officer on board a

vessel displaying a Coast Guard ensign.

(ii) Proceed as directed by any

commissioned, warrant, or petty officer

on board a vessel displaying a Coast

Guard ensign.

(c) Effective Date. This section is

effective from 6 a.m. to 1 p.m on July

8, 2000.

Dated: June 8, 2000.

J.E. Shkor,

Vice Admiral, U.S. Coast Guard Commander,

Fifth Coast Guard District.

[FR Doc. 00–15940 Filed 6–22–00; 8:45 am]

BILLING CODE 4910–15–P

DEPARTMENT OF TRANSPORTATION

4910–15-U

Coast Guard

33 CFR Part 117

[CGD13–00–008]

RIN 2115–AE47

Drawbridge Operations Regulations;

Columbia River, OR

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is revising

the operating regulations for the dual

Interstate 5 drawbridges across the

Columbia River, mile 106.5, between

Portland, Oregon, and Vancouver,

Washington. The temporary rule will

enable the bridge owner to paint the lift

tower of the northbound bridge by

permitting the vertical lift span to be

maintained in the closed (down)

position from July 15 to September 15,

2000, provided that the water level at

the bridge remains at or below 6 feet

(Columbia River Datum or CRD)

measured as the daily mean.

DATES: This rule is effective from July 15

to September 15, 2000.

ADDRESSES: Unless otherwise noted,

documents referred to in this preamble

are available for inspection and copying

at Commander (oan), Thirteenth Coast

Guard District, 915 Second Avenue,

Seattle, Washington 98174–1067 or

deliver them to room 3510 between 7:45

a.m. and 4:15 p.m., Monday through

Friday, except federal holidays.

FOR FURTHER INFORMATION CONTACT: John

E. Mikesell, Chief, Plans and Programs

Section, Aids to Navigation and

Waterways Management Branch,

Telephone (206) 220–7272.

SUPPLEMENTARY INFORMATION:

Regulatory History

The Coast Guard published a

temporary final rule in the Federal

Register (64 FR 37678) on July 13, 1999.

That rule temporarily revised the

operating regulations from July 15 to

September 15, 2000, as well as a similar

period in the summer of 1999. Prior to

that final rule the Coast Guard

published a notice of proposed

rulemaking in the Federal Register (64

FR 17134) on April 8, 1999. The Coast

Guard received no letters in response to

the proposed rulemaking. No public

hearing was requested and none was

held. Previous discussions with

navigational interests and the U.S. Army

Corps of Engineers disclosed the

optimal time during the year for the

closure period. 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 final rule

does not change the previously

published bracketing dates for the draw

closure. 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. This rule does not change the

previously advertised closure dates,

which were published in the Federal

Register (64 FR 37678) on July 13, 1999.

Background

The purpose of the temporary change

to the operation regulations of § 117.869

is to permit the bridge owner to paint

the remaining lift span tower of the

northbound bridge. The other tower was

painted in the summer of 1999. The

adjacent southbound bridge on I–5 is a

newer structure and is not included in

this painting project. However, its draw

span operates normally in unison with

the southbound draw span and therefore

will be affected by the final rule.

Current containment requirements to

prevent pollution from the lead paint

removal make it necessary to install an

envelope around the tower which

supports the movable span and to

isolate the wire ropes within the towers

from contamination. This containment

system makes it impossible to operate

the lift span while it is in place.

Derigging such a containment system

can not be achieved in a timely fashion

for opening the drawbridge for the

passage of vessels.

39106 Federal Register / Vol. 65, No. 122 / Friday, June 23, 2000 / Rules and Regulations

The closed period is during that part

of the year that coincides with lower

water levels on the Columbia River.

Most vessels are able to pass through

one of the two higher fixed spans of the

structure south of the drawspan when

the river is low. This obviates the need

for the dual draw-bridges to open for

these vessels. The containment system

will not intrude into the high fixed span

or the northern half of the wide fixed

span at the same time.

This change to the rule is based on the

request of the Oregon Department of

Transportation (ODOT). After several

discussions with the Coast Guard and

waterway users, ODOT requested that

the commencement of the project

(closure of the drawspans) be permitted

when the daily mean river level is less

than 6 feet CRD. This offers a more

practical start criterion than the

previously specified 6 feet (CRD) that

did not countenance the intermediate

period in July when the river level

fluctuates around 6 feet (CRD) on a daily

basis. The other issue of great concern

is the point at which the river might rise

to 6 feet CRD towards the end of the

project. As previously described, the

project could have been terminated at a

rise in river level to 6 feet CRD. In that

event the contractor would derig the

containment system and restore the

draw to normal operation. However,

since the containment system cannot be

removed quickly, ODOT is concerned

that the river level might fall back below

6 feet CRD after an order to derig is

received. Derigging for normal operation

of the drawspan could take one to two

weeks. The Coast Guard concurs that a

prediction of three days or more at 6 feet

(CRD) for the daily mean will be the

minimum period for demanding that the

state derig the containment system once

it has been installed. The source of the

prediction would be the Northwest

River Forecast Center, U.S. Army Corps

of Engineers. Records indicate that such

a rise is improbable before September

15th. Furthermore, the Columbia River

Towboat Association has suggested that

the state could find relief from derigging

at higher water if an assist tug were

provided at the bridge owner’s expense.

In the event that such conditions do

occur, the District Commander may

elect to delay an order to derig if the

draw closure can be mitigated

temporarily by the provision of assist

tugs at the expense of the state of

Oregon.

Discussion of Comments and Changes

The Coast Guard did not publish

another proposed rule for the change

that is made in this temporary final rule.

The only change is a more precise

definition of river level for start and

stop of the drawspan closure. This

change accounts for those days in July

every year when the water level may

fluctuate above and below 6 feet CRD.

The mean daily level of 6 feet CRD will

serve the reasonable needs of navigation

and the painting project.

Regulatory Evaluation

This final rule is not a significant

regulatory action under 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 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 so minimal that

a full regulatory evaluation under that

order to be unnecessary. The final rule

would permit vital maintenance to be

performed without unreasonable

inconvenience to river traffic.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.), we considered

whether this rule would have a

significant economic impact 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 of less than 50,000.

The Coast Guard certifies that this rule

will not have a significant impact on a

substantial number of small entities.

Collection of Information

This proposal calls for no new

collection of information requirements

under the Paperwork Reduction Act (44

U.S.C. 3501–3520).

Federalism

We have analyzed this final rule in

accordance with the principles and

criteria contained in 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 risk to

safety that may disproportionately affect

children.

Environment

The Coast Guard considered the

environmental impact of this final 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 changes to drawbridge

regulations have been found not to have

a significant effect on the environment.

A written ‘‘Categorical Exclusion

Determination’’ is not required for this

final rule.

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. In § 117.869, paragraph (a)(3) is

removed, and from July 15, 2000, to

September 15, 2000, a new paragraph

(a)(3) is added to read as follows:

§ 117.869 Columbia River.

(a) * * *

(3) The draws of the dual Interstate 5

Bridges, mile 106.5, between Portland,

Federal Register / Vol. 65, No. 122 / Friday, June 23, 2000 / Rules and Regulations 39107

OR, and Vancouver, WA, need not open

for the passage of vessels from July 15

to September 15, 2000, provided that

the river level remains at or below 6 feet

Columbia River Datum for a daily mean.

If the river level rises to 6 feet or more

measured as the daily mean for more

than three consecutive days prior to

September 15, 2000, the draws shall

operate as provided in paragraphs (a)(1)

and (2) of this section when directed by

the District Commander.

Dated: June 15, 2000.

Erroll Brown,

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

Thirteenth Coast Guard District.

[FR Doc. 00–15953 Filed 6–22–00; 8:45 am]

BILLING CODE 4910–15–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01–00–005]

RIN 2115–AA97

Safety Zone: Coast Guard Activities

New York Annual Fireworks Displays

AGENCY: Coast Guard, DOT

ACTION: Final rule; correction.

SUMMARY: This document corrects a

final rule published in the Federal

Register of June 8, 2000, concerning

regulations for annual fireworks

displays located on Sandy Hook Bay,

Rondout Creek, Hempstead Harbor, the

Arthur Kill, and the Hudson River. That

document contained an incorrect

amendatory instruction.

DATES: The correction is effective June

23, 2000.

FOR FURTHER INFORMATION CONTACT:

Lieutenant M. Day, Waterways

Oversight Branch, Coast Guard

Activities New York (718) 354–4012.

SUPPLEMENTARY INFORMATION:

Correction

In final rule FR Doc 00–14507, on

page 36342, second column the

amendatory instruction for item number

2 is incorrectly set out and a correction

is needed.

PART 165—[CORRECTED]

Correction of Publication

Accordingly, in the publication on

June 8, 2000, of the final rule [CGD01–

00–005], which is the subject of FR Doc.

00–14507, make the following

correction. On page 36342, second

column, in amendatory instruction

number 2, remove the word ‘‘revised’’

and add in its place the word ‘‘add’’.

Dated: June 19, 2000.

Pamela M. Pelcovits,

Chief, Office of Regulations and

Administrative Law, United States Coast

Guard, DOT.

[FR Doc. 00–15954 Filed 6–22–00; 8:45 am]

BILLING CODE 4910–15–U

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[Docket No. 991228352–0182–03; I.D.

121099C, 011100D]

RIN 0648-AM83

Fisheries of the Exclusive Economic

Zone Off Alaska; Emergency Interim

Rules to Implement the American

Fisheries Act; Extension of Expiration

Dates

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Extension and revision of

emergency interim rules; revision to

2000 final harvest specifications;

request for comments.

SUMMARY: On January 5, 2000, and

January 28, 2000, NMFS published

emergency interim rules, effective

through June 27, 2000, and July 20,

2000, respectively, that implemented

major provisions of the American

Fisheries Act (AFA) for the 2000 fishing

year. This action revises and extends

these two emergency interim rules

through December 24, 2000, and January

16, 2001, respectively. This action also

revises the 2000 final harvest

specifications for the pollock fisheries

off Alaska to make final allocations of

pollock to inshore cooperatives. This

emergency action is necessary to

provide inshore pollock cooperatives

with allocations of pollock for the

second half of the 2000 fishing year as

required by the AFA. This emergency

action also is necessary to maintain

sideboard restrictions to protect

participants in other Alaska fisheries

from negative impacts as a result of

fishery cooperatives formed under the

AFA.

DATES: The expiration date of the

emergency interim rule published

January 5, 2000 (65 FR 380), is extended

from June 27, 2000, to December 24,

2000. The expiration date of the

emergency interim rule published

January 28, 2000 (65 FR 4520), is

extended from July 20, 2000, to January

16, 2001. The amendments in this rule

are effective July 20, 2000, through

January 16, 2001, except that the

amendments for § 679.4 are effective

June 28, 2000, through December 24,

2000. Comments must be received by

July 24, 2000.

ADDRESSES: Comments may be sent to

Sue Salveson, Assistant Regional

Administrator, Sustainable Fisheries

Division, Alaska Region, NMFS, P.O.

Box 21668, Juneau, AK 99802, Attn:

Lori Gravel, or delivered to the Federal

Building, 709 West 9th Street, Juneau,

AK. Copies of the environmental

assessment/regulatory impact review

(EA/RIR) prepared for these emergency

rules may be obtained from the same

address. The EA/RIR also is available on

the Alaska Region home page at http:/

/www.fakr.noaa.gov.

FOR FURTHER INFORMATION CONTACT: Kent

Lind, 907–586–7228 or

kent.lind@noaa.gov.

SUPPLEMENTARY INFORMATION: The AFA,

Div. C, Title II, Subtitle II, Pub. L. No.

105-277, 112 Stat. 2681 (1998), made

profound changes in the management of

the groundfish fisheries of the Bering

Sea and Aleutian Islands (BSAI) and, to

a lesser extent, the groundfish fisheries

of the Gulf of Alaska (GOA) and crab

fisheries of the BSAI. NMFS

implemented the AFA for the 2000

fishery through two emergency interim

rules. The first emergency interim rule

(65 FR 380, January 5, 2000) established

permit requirements and pre-season

permit application procedures for AFA

vessels, processors, and inshore catcher

vessel cooperatives.

The second emergency interim rule

(65 FR 4520, January 28, 2000)

implemented the major AFA-related

management measures for the 2000

fisheries including: a new formula to

allocate the Bering Sea and Aleutian

Islands Management Area (BSAI)

pollock total allowable catch (TAC)

among the Western Alaska Community

Development Quota (CDQ) program and

the inshore, catcher/processor, and

mothership industry sectors; new

recordkeeping and reporting

requirements for the BSAI pollock

fishery and for processors that receive

groundfish from AFA catcher vessels;

new observer coverage and scale

requirements for AFA catcher/

processors, AFA motherships, and AFA

inshore processors; new regulations to

govern BSAI pollock fishery

cooperatives formed under the AFA;

harvesting restrictions on AFA catcher

vessels and AFA catcher/processors to