60360 Federal Register / Vol. 65, No. 197 / Wednesday, October 11, 2000 / Rules and Regulations

SUPPLEMENTARY INFORMATION: The

Millers Ferry Highway Swing Bridge,

mile 12.1, over the Mokelumne River at

Walnut Grove, CA provides 12.8 feet

vertical clearance above Mean High

Water when closed. Vessels that can

pass under the bridge without an

opening may do so at all times. This

deviation has been coordinated with

commercial operators and various

marinas on the waterway. No objections

were received.

The normal drawbridge regulation

requires the bridge to open on demand,

9 a.m. to 5 p.m., May 1 through October

31; and all other times if at least 12

hours advance notice is given.

In accordance with 33 CFR 117.35(c),

this work will be performed with all due

speed in order to return the bridge to

normal operation as soon as possible.

This deviation from the normal

operating regulations in 33 CFR 117.5 is

authorized in accordance with the

provisions of 33 CFR 117.35.

Dated: September 29, 2000.

C.D. Wurster,

Captain, U.S. Coast Guard, Acting

Commander, Eleventh Coast Guard District.

[FR Doc. 00–26077 Filed 10–10–00; 8:45 am]

BILLING CODE 4910–15–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD08–00–021]

RIN 2115–AE47

Drawbridge Operating Regulation; Gulf

Intracoastal Waterway, Algiers

Alternate Route, Louisiana

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: The Coast Guard is changing

the regulation governing the operation

of the State Route 23 vertical lift span

drawbridge across the Gulf Intracoastal

Waterway (Algiers Alternate Route),

mile 3.8, at Belle Chasse, Louisiana. The

change allows the bridge to remain

closed to navigation from 4 p.m. until 7

p.m. on Saturday and Sunday of the last

weekend in October. This change

facilitates the movement of vehicular

traffic from the New Orleans Open

House Air Show held annually at the

Naval Air Station, Joint Reserve Base at

Belle Chasse, Louisiana.

DATES: This rule is effective October 11,

2000.

ADDRESSES: Comments and materials

received from the public, as well as

documents indicated in this preamble as

being available in the docket, will be

available for inspection or copying at

the office of the Eighth Coast Guard

District, Bridge Administration Branch,

Hale Boggs Federal Building, Room

1313, 501 Magazine Street, New

Orleans, Louisiana 70130–3396 between

7 a.m. and 3 p.m., Monday through

Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

David Frank, Bridge Administration

Branch, Commander (ob), Eighth Coast

Guard District, 501 Magazine Street,

New Orleans, Louisiana, 70130–3396,

telephone number 504–589–2965.

SUPPLEMENTARY INFORMATION:

Regulatory Information

On August 28, 2000, we published a

notice of proposed rulemaking (NPRM)

entitled Drawbridge Operating

Regulation; Gulf Intracoastal Waterway,

Algiers Alternate Route, Louisiana, in

the Federal Register (65 FR 52057). We

received no letters commenting on the

proposed rule. No public hearing was

requested, and none was held.

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.

The change in the regulation involves

a community event of limited duration

and scope. The closure involves only

one bridge and alternate routes are

available. No comments were received

during the comment period included in

the Notice of Proposed Rulemaking. No

objections from waterway users have

been received and the event will be

published in the Local Notice to

Mariners.

Background and Purpose

The State Route 23 vertical lift span

drawbridge across the Gulf Intracoastal

Waterway (Algiers Alternate Route),

mile 3.8, at Belle Chasse, Louisiana has

a vertical clearance of 40 feet above

mean high water in the closed-tonavigation position and 100 feet above

mean high water in the open-tonavigation position. Navigation on the

waterway consists primarily of tugs

with tows, commercial fishing vessels,

and occasional recreational craft.

The Department of the Navy

requested a rule changing the operation

of the State Route 23 vertical lift span

drawbridge. The change accommodates

the additional volume of vehicular

traffic that the New Orleans Open House

Air Show generates each year. Between

150,000 and 200,000 members of the

public are expected to attend the New

Orleans Open House Air Show on each

day. The change allows for the

expeditious dispersal of the heavy

volume of vehicular traffic expected to

depart the Naval Air Station, Joint

Reserve Base following the event. This

event has been held annually on the last

weekend in October. This change

eliminates the necessity of having to do

a rulemaking each year for this annually

scheduled event.

Discussion of Comments and Changes

No comments were received for the

NPRM and no changes have been

incorporated into the Final Rule.

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 so

minimal that a full Regulatory

Evaluation under paragraph 10(e) of the

regulatory policies and procedures of

DOT is unnecessary.

This is because the number of vessels

impaired during the closed-tonavigation periods is minimal. All

commercial vessels still have ample

opportunity to transit this waterway

before and after each three-hour closure

on the last weekend in October.

Additionally, a practical alternate route

of approximately seven additional miles

is available via the Harvey Canal and

the Mississippi River.

Small Entities

Under the Regulatory Flexibility Act

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

considers 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 would not

have a significant economic impact on

a substantial number of small entities.

Assistance for Small Entities

Under the 213(a) of the Small

Business Regulatory Enforcement

Fairness Act of 1996 (Pub. L. 104–121,

we want to assist small entities in

understanding the rule so that they can

Federal Register / Vol. 65, No. 197 / Wednesday, October 11, 2000 / Rules and Regulations 60361

better evaluate its effects on them and

participate in the rulemaking process.

Collection of Information

This rule would call 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 would not

have implications for federalism under

that Order. No comments were received

with regards to federalism during NPRM

comment period.

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

would not impose an unfunded

mandate. No comments were received

with regards to unfunded mandates

during NPRM comment period.

Taking of Private Property

This rule would 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. No comments were received

with regards to the taking of private

property during NPRM comment period.

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. No comments were

received with regards to the taking of

private property during NPRM comment

period.

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

We considered the environmental

impact of this rule and concluded that,

under figure 2–1, paragraph (32)(e), of

Commandant Instruction M16475.lC,

this rule is categorically excluded from

further environmental documentation.

Bridge Administration Program actions

that can be categorically excluded

include promulgation of operating

regulations or procedures for

drawbridges. A ‘‘Categorical Exclusion

Determination’’ is available in the

docket where indicated under

ADDRESSES.

List of Subjects in 33 CFR Part 117

Bridges.

Regulations

For the reasons set out in the

preamble, the Coast Guard proposes to

amend 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, 105

Stat. 5039.

2. Section 117.451(b) is revised to

read as follows:

§ 117.451 Gulf Intracoastal Waterway.

* * * * *

(b) The draw of the SR 23 bridge,

Algiers Alternate Route, mile 3.8 at

Belle Chasse, operates as follows:

(1) The draw shall open on signal;

except that, from 6 a.m. until 8:30 a.m.

and from 3:30 p.m. until 5:30 p.m.

Monday through Friday, except Federal

holidays, the draw need not be opened

for the passage of vessels.

(2) On Saturday and Sunday of the

last weekend in October, the draw need

not open for the passage of vessels from

4 p.m. until 7 p.m.

* * * * *

Dated: September 29, 2000.

K.J. Eldridge,

Captain, U.S. Coast Guard, Acting

Commander, 8th Coast Guard Dist.

[FR Doc. 00–26075 Filed 10–10–00; 8:45 am]

BILLING CODE 4910–15–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD11–00–011]

Drawbridge Operation Regulations;

Sacramento River, CA

AGENCY: Coast Guard, DOT.

ACTION: Notice of temporary deviation

from regulations.

SUMMARY: The Commander, Eleventh

Coast Guard District has approved a

temporary deviation to the regulations

governing the opening of the Isleton

bascule drawbridge at mile 18.7 over the

Sacramento River, Solano County, CA.

The approval specifies that the bridge

need not open for vessel traffic from 9

a.m. to 3 p.m. on 23 October 2000. This

deviation is to allow California

Department of Transportation to

perform essential maintenance on the

bridge.

DATES: Effective period of the deviation

is from 9 a.m. to 3 p.m. on 23 October

2000.

FOR FURTHER INFORMATION CONTACT:

David H. Sulouff, Chief, Bridge Section;

Eleventh Coast Guard District, Bldg 50–

6 Coast Guard Island, Alameda, CA

94501–5100, telephone (510) 437–3516.

SUPPLEMENTARY INFORMATION: The

Isleton Drawbridge, mile 18.7, over the

Sacramento River, Solano County, CA,

provides 18 feet vertical clearance above

Mean Lower Low Water when closed.

Vessels that can pass under the bridge

without an opening may do so at all

times. This deviation has been

coordinated with commercial operators

and various marinas on the waterway.

No objections were received. The

normal drawbridge regulation requires

the bridge to open on signal from May

1 through October 31 from 6 a.m. to 10

p.m., and from November 1 through

April 30 from 9 a.m. to 5 p.m. At all

other times, the draws shall open on

signal if at least four hours notice is

given.

In accordance with 33 CFR 117.35(c),

this work will be performed with all due

speed in order to return the bridge to

normal operation as soon as possible.

This deviation from the normal

operating regulations in 33 CFR 117.5 is

authorized in accordance with the

provisions of 33 CFR 117.35.

Dated: September 29, 2000.

C.D. Wurster,

Captain, U.S. Coast Guard, Acting

Commander, Eleventh Coast Guard District.

[FR Doc. 00–26076 Filed 10–10–00; 8:45 am]

BILLING CODE 4910–15–P

POSTAL SERVICE

39 CFR Part 20

Express Mail International Service

AGENCY: Postal Service.

ACTION: Final rule.