66932 Federal Register / Vol. 65, No. 217 / Wednesday, November 8, 2000 / Rules and Regulations

Original amendment

submission date Date of final publication Citation/description

*******

July 10, 2000 ........................ November 8, 2000 ............. COMAR 26.20.12.02 B(1)(a) revision to the definition of ‘‘government-financed

contruction.’’ COMAR 26.20.12.04, Addition of subsection 04, ‘‘Government

Funded Reclamation Projects.’’

[FR Doc. 00–28618 Filed 11–7–00; 8:45 am]

BILLING CODE 4310–05–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD07–00–105]

RIN 2115–AE47

Drawbridge Operation Regulations:

Atlantic Intracoastal Waterway, Key

Largo, Monroe County, FL

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule with

request for comments.

SUMMARY: Commander, Seventh Coast

Guard District is temporarily changing

the regulations of the Jewfish Creek

Drawbridge at Key Largo across the

Atlantic Intracoastal Waterway, mile

1134.1 in Key Largo, Florida, until

January 25, 2001. This temporary rule

allows the Jewfish Creek Drawbridge at

Key Largo to maintain single leaf

operations with one-hour advance

notice and a twelve-hour advance

notification to the bridge tender to

provide a double leaf opening until

January 25, 2001. This is necessary to

allow for repairs.

DATES: This temporary rule is effective

from November 2, 2000 to January 25,

2001. Comments must be received by

November 30, 2000.

ADDRESSES: Comments and materials

received from the public, as well as

documents indicated in this preamble as

being available in the docket, are part of

docket [CGD07–00–105] and are

available for inspection or copying at

Commander (obr), Seventh Coast Guard

District, 909 S.E. 1st Avenue, Miami,

Florida, between 7:30 a.m. and 4 p.m.,

Monday through Friday, except Federal

holidays.

FOR FURTHER INFORMATION CONTACT: Mr.

Barry Dragon, Project Officer, Seventh

Coast Guard District, Bridge Branch, at

(305) 415–6743.

SUPPLEMENTARY INFORMATION:

Regulatory Information

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. It was

impracticable to publish an NPRM,

because there was insufficient time

remaining after we were notified of the

dates of the repairs to follow normal

rulemaking procedures.

Further, 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. A delayed effective date is

impracticable as repairs on the bridge

are already underway.

Request for Comments

We encourage you to participate in

this rulemaking by submitting

comments and related material. If you

do so, please include your name and

address, identify the docket number for

the rulemaking [CGD07–00–105],

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,

suitable for copying. If you would like

to know they reached us, please enclose

a stamped, self-addressed postcard or

envelope. We will consider all

comments and material received. We

may change this temporary 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 address

under ADDRESSES, explaining why one

would be beneficial. If the Coast Guard

determines that a public meeting 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 Jewfish Creek Drawbridge at Key

Largo, mile 1134.1, across the Atlantic

Intracoastal Waterway, has a vertical

clearance of 11 feet at mean high water

and a horizontal clearance of 80 feet

between fenders. The existing operating

regulations in 33 CFR 117.261(qq)

require the bridge to open on signal;

except that from 10:00 a.m. until sunset,

Thursday through Sunday and Federal

holidays, the draw need open only on

the hour and half hour.

The Florida Department of

Transportation notified the Coast Guard

on October 18, 2000, that repairs to the

bridge were in progress and scheduled

to be completed by January 25, 2001.

The repairs require that the Jewfish

Creek Bridge be able to maintain single

leaf operations with one-hour advance

notice. However a double leaf opening

can be provided with a twelve-hour

advance notification provided to the

bridge tender.

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 minimal

because of the limited duration of the

rule, as well as the provision for double

leaf openings with advance notice.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601–612), we considered

whether this rule will have a significant

economic effect upon a substantial

number of small entities. ‘‘Small

entities’’ include small business, notfor-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.

This rule will affect the following

entities, some of which may be small

entities: owners or operators of vessels

intending to transit the Atlantic

Intracoastal Waterway at mile 1134.

Although this temporary rule will be in

effect for two and one-half months,

some vessel traffic can still pass through

the single leaf, and others can make

advance requests for double leaf

openings.

Federal Register / Vol. 65, No. 217 / Wednesday, November 8, 2000 / Rules and Regulations 66933

Assistance for Small Entities

Under section 213(a) of the Small

Business Regulatory Enforcement

Fairness Act of 1996 (Pub. L. 104–221),

we offer to assist small entities in

understanding the rule so that they can

better evaluate its effects on them and

participate in the rulemaking process.

Small entities may contact the person

listed under FOR FURTHER INFORMATION

CONTACT for assistance in understanding

and participating in this rulemaking. We

also have a point of contact for

commenting on actions by employees of

the Coast Guard. Small businesses may

send comments on the actions of

Federal employees who enforce, or

otherwise determine compliance with

Federal regulations to the Small

Business and Agriculture Regulatory

Enforcement Ombudsman and the

Regional Small Business Regulatory

Fairness Boards. The Ombudsman

evaluates these actions annually and

rates each agency’s responsiveness to

small business. If you wish to comment

on actions by employees of the Coast

Guard, call 1–888–REG–FAIR (1–888–

734–3247).

Collection of Information

This rule calls for no new collection

of information requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

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 unfunded mandate

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 E.O. 12630,

Governmental Actions and Interference

with Constitutionally Protected Property

Rights.

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.

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 safety

that may disproportionately affect

children.

Environment

The Coast Guard has considered the

environmental impact of this action and

has determined under figure 2–1,

paragraph 32(e) of Commandant

Instruction M16475.1C, that this rule is

categorically excluded from further

environmental documentation.

List of Subjects in 33 CFR Part 117

Bridges.

For the reasons discussed in the

preamble, the Coast Guard amends 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. From November 2, 2000 to January

25, 2001, § 117.261(qq) is suspended

and a new paragraph (uu) is added to

read as follows:

§ 117.261 Atlantic Intracoastal Waterway

from St. Marys River to Key Largo.

* * * * *

(uu) Jewfish Creek, mile 1134, Key

Largo. The draw may operate on single

leaf with one-hour advance notice from

November 2, 2000 until January 25,

2001 unless twelve hours advance

notice for a double leaf opening is

provided to the bridge tender.

Dated: October 27, 2000.

G.W. Sutton,

Captain, U.S. Coast Guard, Commander,

Seventh Coast Guard District Acting.

[FR Doc. 00–28647 Filed 11–7–00; 8:45 am]

BILLING CODE 4910–15–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01–00–237]

Drawbridge Operation Regulations:

Kennebec River, ME

AGENCY: Coast Guard, DOT.

ACTION: Notice of temporary deviation

from regulations.

SUMMARY: The Commander, First Coast

Guard District, has issued a temporary

deviation from the drawbridge operation

regulations for the Carlton Bridge, mile

14.0, across the Kennebec River between

Bath and Woolwich, Maine. This

deviation from the regulations allows

the bridge owner to require at least a

one-hour advance notice for bridge

openings from 7:30 a.m. to 4:30 p.m.,

Monday through Friday, October 11,

2000 through November 15, 2000. This

action is necessary to facilitate the

safety of construction workers

performing rehabilitation construction

at the bridge.

DATES: This deviation is effective from

October 11, 2000, through November 15,

2000.

FOR FURTHER INFORMATION CONTACT: John

McDonald, Project Officer, First Coast

Guard District, at (617) 223–8364.

SUPPLEMENTARY INFORMATION: The

Carlton Bridge, at mile 14.0, across the

Kennebec River has a vertical clearance

in the closed position of 10 feet at mean

high water and 16 feet at mean low

water. The existing drawbridge

operating regulations are listed at 33

CFR 117.525.

The bridge owner, Maine Department

of Transportation (MDOT), requested a

temporary deviation from the

drawbridge operating regulations to

facilitate the safety of construction

workers performing rehabilitation

repairs at the bridge. Sufficient time is

needed to activate the operating

machinery, and clear the bridge of

construction workers and construction

equipment.

This deviation to the operating

regulations allows the owner of the

Carlton Bridge to require at least a onehour advance notice for bridge

openings, from 7:30 a.m. to 4:30 p.m.,

Monday through Friday, October 11,

2000, through November 15, 2000.

The bridge owner did not provide the

required thirty-day notice to the Coast

Guard for this deviation; however, this

deviation was approved because the

repairs are necessary in order to keep

the bridge operating and prevent an