Federal Register / Vol. 65, No. 217 / Wednesday, November 8, 2000 / Proposed Rules 66939

assisting Participants with contracts at

Federal agencies, and becoming more

involved with Participants as they seek

and negotiate contracts. The proposed

change would allow SBA to use the

resources currently expended on

accepting requirements and determining

eligibility on a contract-by-contract

basis to provide much needed business

development assistance to Participants,

including training on the Federal

contracting process, to enhance their

competitive viability.

Compliance With Executive Orders

13132, 12988 and 12866, the Regulatory

Flexibility Act (5 U.S.C. 601 et seq.),

and the Paperwork Reduction Act (44

U.S.C. Chapter 3501 et seq.)

SBA certifies that this rule is not a

‘‘significant’’ regulatory action under

Executive Order 12866.

SBA has determined that this rule

would not have a significant economic

impact on a substantial number of small

entities within the meaning of the

Regulatory Flexibility Act, 5 U.S.C. SS

601–612. The rule would not impose

any requirements and would not

otherwise affect the kinds of

procurement requirements that can be

available for award through the 8(a) BD

program. It would merely make a

procedural change to SBA’s current

regulations that would authorize SBA to

delegate its authority to procuring

agencies where appropriate.

For the purpose of the Paperwork

Reduction Act, 44 U.S.C. Ch. 35, SBA

certifies that this rule would not impose

new reporting or record keeping

requirements.

For purposes of Executive Order

13132, SBA certifies that this rule does

not have any federalism implications

warranting the preparation of a

Federalism Assessment.

For purposes of Executive Order

12978, SBA certifies that this rule is

drafted, to the extent practicable, in

accordance with the standards set forth

in section 2 of this order.

List of Subjects in 13 CFR Part 124

Government procurement; Hawaiian

natives; Minority businesses; Reporting

and recordkeeping requirements;

Technical assistance.

Accordingly, for the reasons set forth

above, SBA proposes to amend Title 13,

Code of Federal Regulations (CFR), as

follows:

PART 124—[AMENDED]

1. The authority citation for 13 CFR

part 124 would continue to read as

follows:

Authority: 15 U.S.C. 634(b)(6), 636(j),

637(a), 637(d) and Pub. L. 99–661, Pub. L.

100–656, sec. 1207, Pub. L. 101–37, Pub. L.

101–574, and 42 U.S.C. 9815.

2. Section 124.502 would be amended

by adding new paragraph (d) to read as

follows:

§ 124.502 How does an agency offer a

procurement to SBA for award through the

8(a) BD program?

* * * * *

(d) Where SBA has delegated its

authority to accept requirements for

award through the 8(a) BD program to

a procuring activity, the procuring

activity need not send an offering letter

to SBA. In such a case, the procuring

activity must ensure that the

information set forth in paragraph (c) of

this section is contained in its

contracting file.

3. Section 124.503(i) would be revised

to read as follows:

§ 124.503 How does SBA accept a

procurement for award through the 8(a) BD

program?

* * * * *

(i) Delegation of acceptance authority

to procuring activities. (1) SBA may

delegate its authority to accept

requirements for award through the 8(a)

BD program to procuring activities

where appropriate.

(2) Where SBA delegates its authority

to accept requirements for award

through the 8(a) BD program to a

procuring activity, the procuring

activity may rely on SBA’s

determination that a particular Program

Participant is eligible for award as set

forth in Pro-Net.

(3) Where SBA has delegated its 8(a)

contract execution authority to a

procuring activity but has not delegated

its authority to accept requirements for

award through the 8(a) BD program to

such activity, the procuring activity

must still offer and SBA must still

accept all requirements intended to be

awarded as 8(a) contracts, except as

provided in paragraph (a)(4)(i) of this

section.

Dated: November 2, 2000.

Aida Alvarez,

Administrator.

[FR Doc. 00–28584 Filed 11–7–00; 8:45 am]

BILLING CODE 8025–01–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01–00–234]

RIN 2115–AE47

Drawbridge Operation Regulations;

Fort Point Channel, MA

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard proposes to

change the drawbridge operating

regulations for the Northern Avenue

Bridge, mile 0.1, across the Fort Point

Channel at Boston, Massachusetts. This

proposed rule would revise the

drawbridge operating regulations to

provide bridge openings during times

the bridge previously did not open and

also place the bridge on an advance

notice basis during times when there

have been few requests to open the

bridge. This action is expected to better

meet the present needs of navigation.

DATES: Comments must reach the Coast

Guard on or before January 8, 2001.

ADDRESSES: You may mail comments to

Commander (obr), First Coast Guard

District, Bridge Branch, at 408 Atlantic

Avenue, Boston, MA. 02110–3350, or

deliver them to the same address

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

through Friday, except Federal holidays.

The telephone number is (617) 223–

8364. The First Coast Guard District,

Bridge Branch, maintains the public

docket for this rulemaking. Comments

and material received from the public,

as well as documents indicated in this

preamble as being available in the

docket, will become part of this docket

and will be available for inspection or

copying at the First Coast Guard

District, Bridge Branch, 7 a.m. to 3 p.m.,

Monday through Friday, except, Federal

holidays.

FOR FURTHER INFORMATION CONTACT: Mr.

John McDonald, Project Officer, First

Coast Guard District, (617) 223–8364.

SUPPLEMENTARY INFORMATION:

Request for comments

We encourage you to participate in

this rulemaking by submitting

comments or related material. If you do

so, please include your name and

address, identify the docket number for

this rulemaking (CGD01–00–234),

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 material in an unbound

format, no larger than 81⁄2 by 11 inches,

66940 Federal Register / Vol. 65, No. 217 / Wednesday, November 8, 2000 / Proposed Rules

suitable for copying. If you would like

to know if they reached us, please

enclose a stamped, self-addressed

postcard or envelope. We will consider

all comments and material received

during the comment period. We may

change this proposed rule in view of

them.

Public Meeting

We do not now plan to hold a public

meeting. But you may submit a request

for a meeting by writing to the First

Coast Guard District, Bridge Branch, at

the address under ADDRESSES explaining

why one would be beneficial. If we

determine that one would aid this

rulemaking, we will hold one at a time

and place announced by a later notice

in the Federal Register.

Background and Purpose

The Northern Avenue Bridge, mile

0.1, across the Fort Point Channel has a

vertical clearance of 7 feet at mean high

water and 17 feet at mean low water in

the closed position. The existing

operating regulations in 33 CFR 117.599

require the bridge to open on signal

from 6 a.m. to 8 p.m. From 8 p.m. to 6

a.m., the bridge need not open for the

passage of vessels.

The Coast Guard received a request to

change the operating regulations from a

commercial tour boat operator and the

mariners located at a marina upstream

from the Northern Avenue Bridge. The

mariners requested that the bridge be

crewed and available to open for vessel

traffic after 8 p.m. during the boating

season. The bridge presently does not

open from 8 p.m. to 6 a.m., daily.

The Coast Guard published a notice of

temporary deviation and request for

comments on April 27, 2000, in order to

test an expanded operating schedule for

the bridge and to provide immediate

relief for the mariners during the

summer of 2000. The deviation required

the bridge to open on signal from 6 a.m.

to 8 p.m. and from 8 p.m. to 6 a.m. to

open on signal if at least a two-hour

advance notice was provided by calling

the number posted at the bridge. The

Coast Guard received four letters in

favor of expanding the operating hours

for the bridge.

After the comment period for the

deviation concluded on September 30,

2000, the Coast Guard had discussions

regarding the expansion of the operating

hours for the bridge with officials from

the City of Boston, the owner of the

bridge. As a result of these discussions,

the bridge owner agreed to crew the

bridge additional hours as well as

provide openings on an advance notice

basis during times when the bridge is

not crewed. The following scheduled

was established:

From May 1 through October 31, the draw

shall open on signal from 7 a.m. to 11 p.m.

From 11 p.m. to 7 a.m. the draw shall open

on signal if at least a two-hour advance

notice is given by calling the number posted

at the bridge.

From November 1 through April 30, the

draw shall open on signal from 7 a.m. to 3

p.m. From 3 p.m. to 7 a.m. the draw shall

open on signal if at least a twenty-four hours

advance notice is given by calling the

number posted at the bridge.

The Coast Guard believes this is a

reasonable operating schedule because

the mariners will now be able to get

bridge openings during the times the

bridge is crewed or upon the required

advance notice, and the bridge owner

will not be required to crew the bridge

during periods when there have been

few requests to open the bridge.

Discussion of Proposal

The existing requirement that the

bridge need not open for vessel traffic

from 8 p.m. to 6 a.m., without any

advance notice requirement, does not

meet the reasonable needs of navigation

based upon recent requests from

mariners to expand the operating hours

of the bridge. Mariners should be able

to obtain bridge openings anytime one

is necessary with the exception of cases

where a demonstrated offsetting benefit

is derived.

A typical example of an offsetting

benefit would be closing a bridge to

vessel traffic during the vehicular traffic

rush hour time period and allowing

vehicular traffic to pass unimpeded in

an effort to balance the needs of both

modes of transportation. Conversely,

bridge owners should not be required to

crew bridges during time periods when

there have been few or no requests to

open a bridge.

The Coast Guard believes that crewing

the bridge an additional three hours at

night during the boating season and the

addition of an advance notice concept

for all the periods the bridge is not

crewed is reasonable and satisfies both

the needs of navigation and the needs of

the bridge owner.

The Coast Guard; therefore, proposes

to revise the operating regulations listed

at 33 CFR 117.599 for the Northern

Avenue Bridge across the Fort Point

Channel to require the Northern Avenue

Bridge, mile 0.1, at Boston, to operate as

follows:

(a) From May 1 through October 31,

the draw would open on signal from 7

a.m. to 11 p.m. From 11 p.m. to 7 a.m.

the draw would open on signal if at

least a two-hour advance notice is given

by calling the number posted at the

bridge.

(b) From November 1 through April

30, the draw would open on signal from

7 a.m. to 3 p.m. From 3 p.m. to 7 a.m.

the draw would open on signal if at

least a twenty-four hours advance notice

is given by calling the number posted at

the bridge.

It is expected that this rule will better

meet the present needs of navigation.

Regulatory Evaluation

This proposed 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

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,

Feb. 26, 1979).

We expect the economic impact of

this proposed rule to be so minimal that

a full Regulatory Evaluation, under

paragraph 10e of the regulatory policies

and procedures of DOT, is unnecessary.

This conclusion is based on the fact that

the bridge will be crewed at times to

meet the needs of navigation and will be

on an advance notice basis during the

times when there have been few

requests to open the bridge.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601–612), we considered

whether this proposed 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

section 5 U.S.C. 605(b), that this

proposed rule would not have a

significant economic impact on a

substantial number of small entities.

This conclusion is based upon the fact

that the bridge will better meet the

present needs of navigation and will not

be crewed unnecessarily during times

when there have been few requests to

open the bridge.

If you think that your business,

organization, or governmental

jurisdiction qualifies as a small entity

and that this rule would have a

significant economic impact on it,

please submit a comment (see

ADDRESSES) explaining why you think it

Federal Register / Vol. 65, No. 217 / Wednesday, November 8, 2000 / Proposed Rules 66941

qualifies and how and to what degree

this rule would economically affect it.

Collection of Information

This proposed 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 proposed rule

under E.O. 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 proposed

rule would not impose an unfunded

mandate.

Taking of Private Property

This proposed 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.

Civil Justice Reform

This proposed 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 proposed 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 proposed rule and

concluded that, under figure 2–1,

paragraph (32)(e), of Commandant

Instruction M16475.1C, this proposed

rule is categorically excluded from

further environmental documentation

because promulgation of drawbridge

regulations have been found not to have

a significant effect on the environment.

A written ‘‘Categorical Exclusion

Determination’’ is not required for this

rule.

List of Subjects in 33 CFR Part 117

Bridges.

Regulations

For the reasons set out in the

preamble, the Coast Guard proposes to

amend 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. Section 117.599 is revised to read

as follows:

§ 117.599 Fort Point Channel.

The draw of the Northern Avenue

Bridge, mile 0.1, at Boston, shall operate

as follows:

(a) From May 1 through October 31,

the draw shall open on signal from 7

a.m. to 11 p.m. From 11 p.m. to 7 a.m.

the draw shall open on signal if at least

a two-hour advance notice is given by

calling the number posted at the bridge. (b) From November 1 through April

30, the draw shall open on signal from

7 a.m. to 3 p.m. From 3 p.m. to 7 a.m.

the draw shall open on signal if at least

a twenty-four hours advance notice is

given by calling the number posted at

the bridge.

Dated: October 23, 2000.

Gerald M. Davis,

Captain, U.S. Coast Guard, Acting

Commander, First Coast Guard District.

[FR Doc. 00–28648 Filed 11–7–00; 8:45 am]

BILLING CODE 4910–15–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 164

46 CFR Parts 25 and 27

[USCG 2000–6931]

RIN 2115–AF53

Fire-Suppression Systems and Voyage

Planning for Towing Vessels

AGENCY: Coast Guard, DOT.

ACTION: Supplemental notice of

proposed rulemaking.

SUMMARY: The Coast Guard proposes to

improve the safety of towing vessels by

requiring the installation of fixed fireextinguishing systems in their engine

rooms, and by requiring their owners or

operators, and their masters, to ensure

that voyage plans are complete before

they commence their trips with any

barge in tow. These rules would reduce

the number of uncontrolled fires in

engine rooms, and other fire-related or

operational mishaps on towing vessels.

As a result, they would save lives,

diminish property damage, and reduce

the associated threats to the

environment and maritime commerce.

DATES: Comments must reach the Coast

Guard on or before March 8, 2001.

ADDRESSES: To make sure your

comments and related material do not

enter the docket [USCG 2000–6931]

more than once, please submit them by

only one of the following means:

(1) By mail to the Docket Management

Facility, U.S. Department of

Transportation, room PL–401, 400

Seventh Street SW., Washington, DC

20590–0001.

(2) By delivery to room PL–401 on the

Plaza level of the Nassif Building, 400

Seventh Street SW., Washington, DC,

between 9 a.m. and 5 p.m., Monday

through Friday, except Federal holidays.

The telephone number is 202–366–

9329.

(3) By fax to the Docket Management

Facility at 202–493–2251.

(4) Electronically through the Web

Site for the Docket Management System

at http://dms.dot.gov.

The Docket Management Facility

maintains the public docket for this

rulemaking. Comments, and documents

as indicated in this preamble, will

become part of this docket and will be

available for inspection or copying at

room PL–401 on the Plaza level of the

Nassif Building at the same address

between 10 a.m. and 5 p.m., Monday

through Friday, except Federal holidays.

You may also access this docket on the

Internet at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: For

questions on this proposed rule, call Mr.

Randall Eberly, P. E., Project Manager,

telephone 202–267–1861. For questions

on viewing, or submitting material to,

the docket, call Ms. Dorothy Beard,

Chief, Dockets, Department of

Transportation, telephone 202–366–

9329.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages

interested persons to participate in this

rulemaking by submitting written data,

views, or arguments. Persons submitting

comments should include their names

and addresses, identify this rulemaking

[USCG 2000–6931] and the specific

section of this document to which each

comment applies, and give the reason

for each comment. Please submit all

comments and attachments in an