Federal Register / Vol. 62, No. 155 / Tuesday, August 12, 1997 / Rules and Regulations 43097

because a full opening of the retractable

span may be demanded at any time.

This change merely alleviates the

bridge owner from providing full

openings unless such an opening is

specified by the master of a vessel. This

is contrary to normal operations which

mandate full opening for any request for

passage. Because the only comment was

in support of the proposed amendment,

this final rule is being adopted as

originally proposed.

Regulatory Evaluation

This rule is not a significant

regulatory action under 3(f) of Executive

Order 12866 and does not require an

assessment of potential cost and benefits

under section 6(a)(3) of that order. It has

been exempted from review 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

paragraph 10e of the regulatory policies

and procedures of DOT is unnecessary.

This expectation is based on the fact

that most vessels only need a 300-foot

opening and that vessels needing a 600-

foot opening will be able to obtain one

promptly by requesting it from the

bridgetender on duty.

Small Entities

The Coast Guard finds that the impact

on small entities, if any, is not

substantial. Therefore, the Coast Guard

certifies under 5 U.S.C. 605(b) that this

action will not have a significant impact

on a significant number of small

entities.

Collection of Information

This rule contains no collection of

information requirements under the

Paperwork Reduction Act (44 U.S.C.

3501–3520).

Federalism

The Coast Guard has analyzed this

action under the principles and criteria

contained in Executive Order 12612,

and it has been determined that the

rulemaking does not have sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

Environment

The Coast Guard considered the

environmental impact of this rule and

concluded that, under section 2.B.2.e. of

Commandant Instruction M16475.B,

this rule is categorically excluded from

further environmental documentation.

A ‘‘Categorical Exclusion

Determination’’ is available in the

docket for inspection or copying.

List of Subjects in 33 CFR Part 117

Bridges.

Regulations

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. 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. Paragraph (a) of section 117.1045 is

revised to read as follows:

§ 117.1045 Hood Canal.

* * * * *

(a) The draw shall open on signal if

at least one hour’s notice is given. The

draw shall be opened horizontally for

300 feet unless the maximum opening of

600 feet is requested.

* * * * *

Dated: July 29, 1997.

J. David Spade,

Rear Admiral, U.S. Coast Guard Commander,

13th Coast Guard District.

[FR Doc. 97–21258 Filed 8–11–97; 8:45 am]

BILLING CODE 4910–14–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD09–97–008]

RIN–2115–AE47

Drawbridge Operation Regulations;

Grand River, MI

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: The Coast Guard is revising

the regulation governing the operations

of the CSX Transportation bridge and

U.S. Route 31 bridge, miles 2.8 and 2.9,

respectively, over the Grand River in

Grand Haven, MI. This rule was

initiated at the request of the cities

served on Grand River to relieve

vehicular traffic congestion and still

provide for the reasonable needs of

navigation, especially during rush-hour

periods. Additionally, the Coast Guard

has reduced the required time that a

vessel must provide advance notice

from 24 hours to 12 hours during winter

months for both bridges.

DATES: This regulation is effective on

August 16, 1997.

ADDRESSES: Documents concerning this

regulation are available for inspection

and copying at 1240 East Ninth Street,

Room 2019, Cleveland, OH 44199–2060

between 6:30 a.m. and 3 p.m., Monday

through Friday, except Federal holidays.

The telephone number is (216) 902–

6084.

FOR FURTHER INFORMATION CONTACT: Mr.

Robert W. Bloom, Project Manager,

Bridge Branch at (216) 902–6084.

SUPPLEMENTARY INFORMATION:

Regulatory History

The Coast Guard published a notice of

proposed rulemaking (NPRM) on

Friday, April 18, 1997 (62 FR 19082).

Currently, the U.S. Route 31 bridge is

required to open on signal 3 minutes

before to 3 minutes after the hour and

half-hour between 6:03 a.m. and 9:03

p.m. for recreational vessels. Under the

proposed schedule, the bridge would be

required to open on signal for

recreational vessels once an hour, on the

half-hour, 7 days a week, from 6:30 a.m.

to 8:30 p.m., except the bridge need not

open at 7:30 a.m., 12:30 p.m., and 5:30

p.m. on Mondays, Tuesdays, Thursdays,

and Fridays. On Wednesdays, the bridge

need not open at 7:30 a.m., to 12:30 p.m.

and 4:30 p.m. As before, the bridge will

open on signal for commercial vessel

traffic.

In addition to the proposed schedule

of openings for recreational vessel traffic

at the U.S. 31 bridge, the NPRM

outlined the change to the advance

notice requirement for vessels

requesting openings at the CSX

Transportation and U.S. Route 31

bridges between December 15 and

March 15 each year. In order to provide

uniform guidelines for mariners and

satisfy the needs of increased

commercial vessel traffic on Grand

River, the advance notice requirement

for vessels requesting openings during

winter months is reduced from 24 hours

to 12 hours at both bridges.

No comments were received in

response to the NPRM. A public hearing

was not requested and, therefore, was

not held.

A notice of temporary deviation from

regulations was approved by the District

Commander and published in the

Federal Register on Friday, May 9, 1997

(62 FR 25514). The temporary deviation

schedule was effective between May 15

and August 15, 1997. The temporary

deviation schedule was identical to the

proposal in the NPRM and the

provisions of this final rule. Comments

concerning the temporary hours were
43098 Federal Register / Vol. 62, No. 155 / Tuesday, August 12, 1997 / Rules and Regulations

solicited from the public. The Coast

Guard received no comments.

The Coast Guard determined that the

proposed schedule satisfies the needs of

all entities operating on Grand River

and the rule is unchanged from the

NPRM.

The Coast Guard finds that in

accordance with 5 U.S.C. 553, good

cause exists to make this final rule

effective in less than 30 days. The Coast

Guard has received no comments

concerning this revision and it is in the

best public interest to have this rule in

force at the end of the authorized

temporary deviation period, which

expires on August 15, 1997.

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. It has been exempted from review

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 paragraph 10e of the

regulatory policies and procedures of

DOT is unnecessary.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.), the Coast Guard

must consider whether this rule will

have a significant economic impact on

a substantial number of small entities.

Small entities include independently

owned and operated small businesses

that are not dominant in their field and

otherwise qualify as ‘‘small business

concerns’’ under section 3 of the Small

Business Act (15 U.S.C. 632). Since the

revised schedule was requested by the

primary municipalities served on Grand

River after extensive research and

consultation with maritime users and

businesses, the economic impact of this

rule is expected to be minimal.

Therefore, the Coast Guard certifies

under 5 U.S.C. 605(b) that this

rulemaking will not have a significant

impact on a substantial number of small

entities.

Collection of Information

This rule contains no collection of

information requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

Federalism

The Coast Guard has analyzed this

rule under the principles and criteria

contained in Executive Order 12612 and

has determined that this rule does not

have sufficient federalism implications

to warrant the preparation of a

Federalism Assessment.

Environment

The Coast Guard considered the

environmental impact of this rule and

concluded that, under section

2.B.2.e.(32)(e) of Commandant

Instruction M16475.1B, promulgation of

operating requirements or procedures

for drawbridges is categorically

excluded from further environmental

documentation.

List of Subjects in 33 CFR Part 117

Bridges.

For reasons set out in the preamble,

part 117 of title 33, Code of Federal

Regulations, is amended 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 117.633 is amended by

revising paragraphs (b) and (c) to read

as follows:

§ 117.633 Grand River.

* * * * *

(b) The draw of the CSX

Transportation Corp. railroad bridge,

mile 2.8 at Grand Haven, shall open on

signal; except that, from December 15

through March 15, the draw shall open

on signal if at least 12 hours notice is

given.

(c) The draw of the U.S. Route 31

bridge, mile 2.9 at Grand Haven, shall

open on signal for pleasure craft-

(1) From March 16 through December

14, from 6:30 a.m. to 8:30 p.m., seven

days a week, once an hour, on the halfhour; except the draw need not open for

pleasure craft at 7:30 a.m., 12:30 p.m.,

and 5:30 p.m. on Monday, Tuesday,

Thursday, and Friday, and at 7:30 a.m.,

12:30 p.m., and 4:30 p.m. on

Wednesday.

(2) From December 15 through March

15, if at least 12 hours notice is given.

* * * * *

Dated: July 25, 1997.

J.F. McGowan,

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

North Coast Guard District.

[FR Doc. 97–21259 Filed 8–11–97; 8:45 am]

BILLING CODE 4910–14–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Los Angeles-Long Beach, CA; 97–

005]

RIN 2115–AA97

Safety Zone; San Pedro Bay, CA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone in

the navigable waters of the United

States within the entire Port of Los

Angeles inside the federal breakwater.

This safety zone is established due to

the potential increased navigational risk

during a period when pilot service is

limited or unavailable.

Movements of vessels, 300 Gross Tons

or greater, into or within this safety zone

are prohibited unless specifically

authorized by the Captain of the Port.

DATES: This regulation will be in effect

from Saturday, July 14, 1997 until

Wednesday, October 15, 1997.

ADDRESSES: Marine Safety Office Los

Angeles-Long Beach, 165 N. Pico Ave.,

Long Beach, CA 90802.

FOR FURTHER INFORMATION CONTACT:

Commander Chet Hartley, Assistant

Chief, Port Operations, Marine Safety

Office-Group Los Angeles-Long Beach at

(562) 980–4448.

SUPPLEMENTARY INFORMATION: In

accordance with 5 U.S.C. 553, a notice

of proposed rulemaking was not

published for this regulation and good

cause exists for making it effective in

less than 30 days after Federal Register

publication. Publication of a notice of

proposed rulemaking and delay of its

effective date would be contrary to the

public interest since the details of the

Los Angeles Pilot work stoppage were

not provided to the Coast Guard until a

date fewer than 30 days prior to the

work stoppage date.

Discussion of Regulation

The Coast Guard Captain of the Port

is aware that members of the Los

Angeles Pilot Service have commenced

a work stoppage as of approximately

10:45 p.m. July 11, 1997. As a result, the

LA Pilot Service can only make

available two management pilots to

service vessel movements.

Consequently, it is expected that the

demand for pilots will exceed

availability and that vessels may

experience delays in obtaining pilotage

services. In addition, traffic

management services normally provided