51778 Federal Register / Vol. 62, No. 192 / Friday, October 3, 1997 / Rules and Regulations

In accordance with the provisions of

21 U.S.C. 811(a) of the CSA, this action

is a formal rulemaking ‘‘on the record

after opportunity for a hearing.’’ Such

proceedings are conducted pursuant to

the provisions of 5 U.S.C. 556 and 557

and, as such, are exempt from review by

the Office of Management and Budget

pursuant to Executive order (E.O.)

12866, section 3(d)(1).

The Deputy Assistant Administrator,

Office of Diversion Control, in

accordance with the Regulatory

Flexibility Act [5 U.S.C. 605(b)], has

reviewed this rule and by approving it

certifies that it will not have a

significant economic impact on a

substantial number of small-business

entities. The inclusion of a product in

21 CFR 1308.34 relieves persons who

handle the product in the course of

legitimate business from the

registration, records, reports,

prescription, physical security, import

and export requirements associated with

Schedule III controlled substances

under the CSA. Specifically, the

products are exempted from application

of sections 302 through 309 and 1002

through 1004 of the CSA (21 U.S.C.

822–829 and 952–954) and §§ 1301.11,

1301.13, and 1301.71 through 1301.76

of Title 21 Code of Federal Regulations.

This rule will not result in the

expenditure by State, local and tribal

governments, in the aggregate, or by the

private sector, of $100,000,000 or more

in any one year, and it will not

significantly or uniquely affect small

governments. Therefore, no actions were

deemed necessary under provisions of

the Unfunded Mandates Reform Act of

1995.

This rule is not a major rule as

defined by section 804 of the Small

Business Regulatory Enforcement

Fairness Act of 1996. This rule will not

result in an annual effect on the

economy of $100,000,000 or more; a

major increase in costs or prices; or have

significant adverse effects on

competition, employment, investment,

productivity, innovation, or on the

ability of the United States-based

companies to compete with foreignbased companies in domestic and

export markets.

This rule will not have substantial

direct effects on the States, on the

relationship between the national

government and the States, or on the

distribution of power and

responsibilities among the various

levels of government. Therefore, in

accordance with E.O. 12612, it is

determined that this rule will not have

sufficient federalism implications to

warrant the preparation of a Federalism

Assessment.

Dated: September 8, 1997.

John H. King,

Deputy Assistant Administrator, Office of

Diversion Control, Drug Enforcement

Administration.

[FR Doc. 97–25972 Filed 10–2–97; 8:45 am]

BILLING CODE 4410–09–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD13–97–023]

Safety Zone Regulations; Interstate 5

Bridge Repair Project, Columbia River,

Vancouver, WA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a safety zone for the

Interstate 5 bridge repair project on the

Columbia River in Vancouver,

Washington. This project will run from

Tuesday, September 16, 1997, from 5

a.m. (PDT) through Wednesday, October

8, 1997, at 1 p.m. (PDT). The Coast

Guard, through this action, intends to

protect persons, facilities, and vessels

from safety hazards associated with

heavy equipment and falling debris in

the vicinity of the repair project. Entry

into this safety zone is prohibited unless

authorized by the Captain of the Port.

EFFECTIVE DATES: This regulation

becomes effective on September 16,

1997, at 5 a.m. (PDT) and terminates on

October 8, 1997, at 1 p.m. (PDT).

FOR FURTHER INFORMATION CONTACT:

Lt. T.G. Allan, c/o Captain of the Port,

Portland, 6767 N. Basin Ave., Portland,

Oregon 97217–3992, (503) 240–9327.

SUPPLEMENTARY INFORMATION:

Regulatory History

Pursuant to 5 U.S.C. 553, a notice of

proposed rulemaking was not published

for this regulation and good cause exists

for making it effective less than 30 days

from the date of publication in the

Federal Register. Publishing a NPRM

and delaying its effective date would be

contrary to the public interest since

immediate action is necessary to ensure

the safety of structures and vessels

operating in the area of the bridge

repair. Due to the complex planning and

coordination involved, the event

sponsor, the Oregon Department of

Transportation, was unable to provide

the Coast Guard with notice of the final

details until 30 days prior to the date of

the event. Therefore, sufficient time was

not available to publish a proposed rule

in advance of the event or to provide a

delayed effective date. Following

normal rulemaking procedures in this

case would be impracticable.

Drafting Information: The drafters of

this regulation are LT T.G. Allan, Project

Manager for the Captain of the Port, and

LT K.A. Boodell, Project Counsel,

Thirteenth Coast Guard District Legal

Office.

Background and Purpose

The event requiring this regulation is

the Oregon Department of

Transportation’s Interstate 5 bridge

repair project. The repair project is

scheduled to begin on September 16,

1997, at 5 a.m. (PDT) with work to

continue twenty-four hours a day until

the project is complete on or about

October 8, 1997. This event may result

in a large number of vessels

congregating near the bridge and

construction barges. To promote the

safety of both spectators and workers, a

safety zone is being established on the

waters of the Columbia River around the

repair project, and entry into this safety

zone is prohibited unless authorized by

the Captain of the Port. This action is

necessary due to hazards associated

with heavy equipment and possible

debris falling into the Columbia River in

the vicinity of the repair project. This

safety zone will be enforced by

representatives of the Captain of the

Port, Portland, Oregon. The Captain of

the Port may be assisted by other federal

agencies.

Regulatory Evaluation

This temporary final 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 CFR 11040, February 26, 1979). The

Coast Guard expects the economic

impact of this proposal 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 the safety zone will restrict less

than a quarter of a square mile of the

waterway. The entities most likely to be

affected by this action are commercial

ship, and tug and barge operators on the

Columbia River. These entities are

aware of the Interstate bridge repair

project and the safety zone, and they

can schedule their transits accordingly.

If safe to do so, the representative of the
Federal Register / Vol. 62, No. 192 / Friday, October 3, 1997 / Rules and Regulations 51779

Captain of the Port assigned to enforce

this safety zone may authorize

commercial vessels to pass through the

safety zone on a case-by-case basis.

Small Entities

Under the Regulatory Flexibility Act

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

must consider whether this final 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 that otherwise qualify

as ‘‘small business concerns’’ under

section 3 of the Small Business Act (15

U.S.C. 632). For the reasons outlined in

the Regulatory Evaluation above, the

Coast Guard expects the impact of this

final rule to be minimal on all entities.

Therefore, the Coast Guard certifies

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

will not have a significant economic

impact on a substantial number of small

entities.

Collection of Information

This final rule contains no collection

of information requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.)

Federalism

This action has been analyzed in

accordance with the principles and

criteria contained in Executive Order

12612, and it has been determined that

the proposed rulemaking does not have

sufficient federalism implications to

warrant the preparation of a Federalism

Assessment.

Environmental Assessment

The Coast Guard has considered the

environmental impact of this final rule

and has concluded that, under section

2.B.2.c. of Commandant Instruction

M16475.1B, it is categorically excluded

from further environmental

documentation. A Categorical Exclusion

Determination will be made available in

the rulemaking docket.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and recordkeeping

requirements, Security measures,

Waterways.

Final Regulation

For the reasons set out in the

preamble, the Coast Guard amends Part

165 of Title 33, Code of Federal

Regulations, as follows:

PART 165—[AMENDED]

1. The authority citation for Part 165

continues to read as follows:

Authority: 33 U.S.C. 1231; 50 U.S.C. 191;

33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5;

49 CFR 1.46.

2. A temporary section 165.T13020 is

added to read as follows:

§ 165.T13020 Safety Zone: Columbia River,

Vancouver, WA.

(a) Location: The following area is a

safety zone: All waters of the Columbia

River in the vicinity of Vancouver,

Washington, extending approximately

500 feet on both sides of the I–5 bridge

from the Washington shore to the

alternate barge channel. More

specifically, this area is all waters of the

Columbia River bounded by a line

commencing at the Washington shore

position 45°37.307′N latitude,

122°40.573′W longitude; thence to

position 45°37.268′N latitude,

122°40.599′W longitude; thence to

position 45°37.166′N latitude,

122°40.544′W longitude; thence to

position 45°37.131′N latitude,

122°40.415′W longitude; thence to

position 45°37.202′N latitude,

122°40.316′W longitude; thence to the

Washington shore at position

45°37.240′N latitude, 122°40.293′W

longitude; thence returning along the

Washington shoreline to the point of

origin.

(b) Definitions: The designated

representative of the Captain of the Port

is any Coast Guard commissioned,

warrant, or petty officer who has been

authorized by the Captain of the Port

Portland, to act on his behalf. The

following officers have or will be

designated by the Captain of the Port:

The Coast Guard Patrol Commander, the

senior boarding officer on each vessel

enforcing the safety zone, and the Duty

Officer at Coast Guard Group, Portland,

Oregon.

(c) Regulations: (1) In accordance with

the general regulations in § 165.23, entry

into this safety zone is prohibited unless

authorized by the Captain of the Port or

his designated representatives.

(2) A succession of sharp, short

signals by whistle, siren, or horn from

vessels patrolling or by the person

acting under the area under the

direction of the Patrol Commander shall

serve as a signal to stop. Vessels or

persons signalled shall stop and comply

with the orders of the patrol vessels;

failure to do so may result in expulsion

from the area, citation for failure to

comply, or both.

(d) Effective Dates: This section is

effective on September 16, 1997, at 5

a.m. (PDT) and terminates on October 8,

1997, at 1 p.m. (PDT), unless sooner

terminated by the Captain of the Port.

Dated: September 4, 1997.

M.J. Hall,

Captain, U.S. Coast Guard, Captain of the

Port.

[FR Doc. 97–26336 Filed 10–2–97; 8:45 am]

BILLING CODE 4910–14–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[[COTP] Tampa 97–046]

RIN 2115–AE84

Regulated Navigation Area; Egmont

Channel, Tampa Bay, FL

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: This final rule removes the

regulated navigation area on the Egmont

Channel. The Channel has been dredged

and the restriction of one way vessel

movement for vessels with drafts in

excess of 36 feet are no-longer required.

DATES: This rule is effective on

November 3, 1997.

ADDRESSES: Documents referred to in

this preamble are available for

inspection and copying at U.S. Coast

Guard Marine Safety Office Tampa, 155

Columbia Drive, Tampa, FL 33606

between 7:30 a.m. and 3:30 p.m.

Monday through Friday, except federal

holidays.

FOR FURTHER INFORMATION CONTACT:

LT Murk, Project Manager, Coast Guard

Marine Safety Office Tampa, at (813)

228–2189.

SUPPLEMENTARY INFORMATION:

Background and Purpose

This final rule cancels the Regulated

Navigation Area on the Egmont

Channel. Pursuant to 5 U.S.C. 553, a

notice of proposed rulemaking has not

been published for this regulation. This

Regulated Navigation Area was created

because of shoaling in the channel that

posed possible impediments for vessels

with drafts in excess of 36 feet when

meeting or passing in the channel. The

channel has been dredged, and nolonger poses a danger for vessels with

drafts in excess of 36 feet. Consequently,

the regulated navigation area is nolonger required.

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