39104 Federal Register / Vol. 65, No. 122 / Friday, June 23, 2000 / Rules and Regulations

Dated: June 8, 2000.

J. E. Shkor,

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

Fifth Coast Guard District.

[FR Doc. 00–15941 Filed 6–22–00; 8:45 am]

BILLING CODE 4910–15–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD05–00–022]

RIN 2115–AE46

Special Local Regulations for Marine

Events; Maryland Swim for Life,

Chester River, Chestertown, MD

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is adopting

temporary special local regulations for

the Maryland Swim for Life, a marine

event to be held on the waters of the

Chester River, Chestertown, Maryland.

These special local regulations are

necessary to provide for the safety of life

on navigable waters during the event.

This action is intended to restrict vessel

traffic in portions of the Chester River

during the event.

DATES: This rule is effective from 6 a.m.

to 1 p.m. on July 8, 2000.

ADDRESSES: You may mail comments

and related material to Commander

(Aoax), Fifth Coast Guard District, 431

Crawford Street, Portsmouth, Virginia

23704–5004, or deliver them to the same

address between 9 a.m. and 2 p.m.,

Monday through Friday, except Federal

holidays. Comments and materials

received from the public as well as

documents indicated in this preamble as

being available in the docket, are part of

this docket and are available for

inspection or copying at Commander

(Aoax), Fifth Coast Guard District, 431

Crawford Street, Portsmouth, Virginia

23704–5004, between 9 a.m. and 2 p.m.,

Monday through Friday, except Federal

holidays.

FOR FURTHER INFORMATION CONTACT: S.L.

Phillips, Project Manager, Operations

Division, Auxiliary Section, at (757)

398–6204.

SUPPLEMENTARY INFORMATION:

Request for Comments

Although this rule is being published

as a temporary final rule without prior

notice, an opportunity for public

comment is nevertheless desirable to

ensure the rule is both reasonable and

workable. Accordingly, we encourage

you to submit comments and related

material. If you do so, please include

your name and address, identify the

docket number (CGD05–00–022),

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 materials in an unbound

format, no larger than 8.5 by 11 inches,

suitable for copying. If you would like

to know they reached us, please enclose

a stamped, self-addressed postcard or

envelope.

Regulatory Information

A notice of proposed rulemaking

(NPRM) was not published for this

regulation. In keeping with 5 U.S.C.

553(b)(B), the Coast Guard finds that

good cause exists for not publishing a

NPRM. The Coast Guard received

confirmation of the request for special

local regulations on May 19, 2000. We

were notified of the event with

insufficient time to publish a NPRM,

allow for comments, and publish a final

rule prior to the event.

Background and Purpose

On July 8, 2000, the Maryland Swim

for Life Association will sponsor the

Maryland Swim for Life on the waters

of the Chester River. Approximately 100

swimmers will start from Rolph’s Wharf

and swim upriver 2 miles then swim

down river returning back to Rolph’s

Wharf. A large fleet of support vessels

will be accompanying the swimmers. To

provide for the safety of participants

and support vessels, the Coast Guard

will temporarily restrict vessel traffic in

the event area during the swim.

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).

We expect the economic impact of

this temporary final rule to be so

minimal that a full Regulatory

Evaluation under paragraph 10e of the

regulatory policies and procedures of

DOT is unnecessary.

Although this regulation prevents

traffic from transiting a portion of the

Chester River during the event, the

effect of this regulation will not be

significant due to the limited duration

that the regulated area will be in effect

and the extensive advance notifications

that will be made to the maritime

community via the Local Notice to

Mariners, marine information

broadcasts, and area newspapers, so

mariners can adjust their plans

accordingly.

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.

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 5

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

a significant economic impact on a

substantial number of small entities.

Although this regulation prevents

traffic from transiting a portion of the

Chester River during the event, the

effect of this regulation will not be

significant because of the limited

duration that the regulated area will be

in effect and the extensive advance

notifications that will be made to the

maritime community via the Local

Notice to Mariners, marine information

broadcasts, and area newspapers, so

mariners can adjust their plans

accordingly.

Collection of Information

This rule calls 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

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 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 Executive

Order 12630, Governmental Actions and

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.