Federal Register / Vol. 62, No. 41 / Monday, March 3, 1997 / Rules and Regulations 9369

the country, local governments, rather

than the federal government, are the

appropriate entities to issue local

mooring permits. The Coast Guard

believes it is inappropriate for the Coast

Guard to continue to administer the

moorings and charge increased fees to

compensate for the cost of administering

the system.

Regulatory Evaluation

This proposal 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

proposal to be so minimal that a full

Regulatory Evaluation under paragraph

10(e) of the regulatory policies and

procedures of DOT is unnecessary. This

rule does not affect the status of the

special anchorage areas in Great Kills

Harbor or Sheepshead Bay, but merely

reflects that the Captain of the Port of

New York mooring permit procedures

are no longer applicable and that

mooring permits will no longer be

issued by the Coast Guard. This

proposal will not be significant because

the boating public retains the ability to

use the anchorages, and will be able to

do so without obtaining a Federal

mooring permit. The Coast Guard

expects that the New York City Parks

and Recreation Department will act in

the interest of the boating public and

will carefully consider the economic

impact of their actions on vessel

owners.

Small Entities

Under the Regulatory Flexibility Act

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

must consider the economic impact on

small entities of a rule for which a

general notice of proposed rulemaking

is required. ‘‘Small entities’’ may

include (1) small business and not-forprofit organizations that are

independently owned and operated and

are not dominant in their field and (2)

governmental jurisdictions with

populations of less than 50,000.

For reasons set forth in the Regulatory

Evaluation and Discussion of Comments

sections, the Coast Guard certifies under

5 U.S.C. 605(b) that this regulation will

not have a significant economic impact

on a substantial number of small

entities.

Collection of Information

This proposal contains no collectionof-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 proposed rule

does not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

Environment

The Coast Guard has considered the

environmental impact of this regulation

and concluded that it is categorically

excluded from further analysis and

documentation requirements under the

National Environmental Policy Act

(NEPA). This determination was made

in accordance with agency procedures

and policy for categorical exclusions

published in pagragrah 2.B.2.e. (34)(a) of

Commandant Instruction M16475.1B (as

revised by 59 FR 38654, July 29, 1994).

A Categorical Exclusion Determination

and Environmental Analysis Checklist

are included in the docket.

List of Subjects in 33 CFR Part 110

Anchorage grounds.

Regulation

For reasons set out the preamble, the

Coast Guard amends 33 CFR 110.60 as

follows:

PART 110—[AMENDED]

1. The authority citation for Part 110

continues to read as follows:

Authority: 33 U.S.C. 471, 2071; 49 CFR

1.46 and 33 CFR 1.05–1(g). Section 110.1a

and each section listed in it are also issued

under 33 U.S.C. 1223 and 1231.

2. Section 110.60 is amended by

revising the note following paragraph

(r–1) and paragraph (x)(4) to read as

follows (table 110.60(x)(4) and figure

110.60(x)(4) following paragraph (x)(4)

remain unchanged):

§ 110.60 Port of New York and vicinity.

* * * * *

(r–1) * * *

Note: The special anchorage area is

principally for use by yachts and other

recreational craft. A temporary float or buoy

for marking the location of the anchor of a

vessel at anchor may be used. Fixed mooring

piles or stakes are prohibited. Vessels shall

be anchored so that no part of the vessel

comes within 50 feet of the marked channel.

* * * * *

(x) * * *

(4) Captain of the Port Regulations. In

Sheepshead Bay, New York, Western,

Northern, and Southern Special

Anchorage Areas, the following applies:

(i) Two anchors shall be used. The

anchor minimum weight and minimum

chain size shall be as shown in table

110.60(x)(4) and the anchor shall be

placed as shown in figure 110.60(x)(4).

(ii) The area is principally for vessels

used for a recreational purpose.

* * * *

Dated: February 11, 1997.

J.L. Linnon,

Commander, First Coast Guard District.

[FR Doc. 97–5065 Filed 2–28–97; 8:45 am]

BILLING CODE 4910–14–M

33 CFR Part 117

[CGD8–97–001]

RIN 2115–AE47

Drawbridge Operation Regulations;

Gulf Intracoastal Waterway, Louisiana

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: This rule removes the

regulations for the East Park Avenue

and East Main Street Bridges across the

Gulf Intracoastal Waterway, mile 57.6

and 57.7 at Houma, Terrebonne Parish,

Louisiana. These drawbridges have been

replaced by high level fixed bridges and

the drawbridge regulations are no longer

necessary.

DATES: This rule is effective on April 2,

1997.

FOR FURTHER INFORMATION CONTACT: Mr.

David M. Frank, Bridge Administration

Branch, (504) 589–2965.

SUPPLEMENTARY INFORMATION:

Drafting Information

The principal persons involved in

drafting this document are Mr. David

Frank, Project Officer and Lieutenant

Commander J. A. Wilson, Project

Attorney.

Background and Purpose

The East Park Avenue and East Main

Street drawbridges were replaced by

high level fixed bridges in November of

1996. Since the drawbridges are no

longer at these locations, there is no

longer a need for the drawbridge

operation regulation. This rule is being

published without an opportunity for

notice and comment because the bridges

regulated in 33 CFR 117.451(c) have

been replaced and these regulations are

no longer necessary. For this reason, the

Coast Guard finds good cause why

notice and comment are unnecessary

under 5 U.S.C. § 553(b)(2)(B) and why,

in accordance with 5 U.S.C. § 553(d)(3),
9370 Federal Register / Vol. 62, No. 41 / Monday, March 3, 1997 / Rules and Regulations

this rule may be made effective in less

than 30 days after its publication in the

Federal Register.

Regulatory Evaluation

This rule is not major under Executive

Order 12291 and not significant under

the ‘‘Department of Transportation

Regulatory Policies and Procedures’’ (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 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

that otherwise qualify as ‘‘small

business concerns’’ under section 3 of

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

This rule will have no impact on either

vehicular or navigational traffic.

Because it expects the impact of this

final rule to be minimal, the Coast

Guard certifies under 5 U.S.C. 605(b)

that it will not have a significant

economic 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 of

Commandant Instruction M16475.1

(series), this proposal is categorically

excluded from further environmental

documentation.

List of Subjects in 33 CFR Part 117

Bridges.

Regulation

In consideration of the foregoing, 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.

§ 117.451 [Amended]

2. In § 117.451, paragraph (c) is

removed and paragraph (d), (e), and (f)

are redesignated paragraphs (c), (d), and

(e) respectively.

Dated: January 30, 1997.

T.W. Josiah,

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

Eighth Coast Guard District.

[FR Doc. 97–5173 Filed 2–28–97; 8:45 am]

BILLING CODE 4910–14–M

33 CFR Part 117

[CGD08–97–003]

RIN 2115–AE47

Drawbridge Operation Regulation;

Inner Harbor Navigation Canal, LA

AGENCY: Coast Guard, DOT.

ACTION: Notice of temporary deviation

from regulations.

SUMMARY: Notice is hereby given that

the Commander, Eighth Coast Guard

District has issued a temporary

deviation from the regulation governing

the operation of the Seabrook Railroad

bascule span drawbridge across the

Inner Harbor Navigation Canal, mile 4.5

in New Orleans, Orleans Parish,

Louisiana. This deviation requires that

the draw open on signal except that

between the hours of 8 a.m. and noon

and between the hours of 1 p.m. and 5

p.m. on weekdays only from April 7,

1997 through May 2, 1997, the draw

need not open for the passage of vessels.

Presently, the draw is required to open

on signal. This closure is necessary for

structural repair of the roadway support

which has been damaged as a result of

a vessel allision. The draw of the bridge

may be open between noon and 1 p.m.

to pass navigation.

DATES: The deviation is effective from 8

a.m. on April 7, 1997 through 5 p.m. on

May 2, 1997.

FOR FURTHER INFORMATION CONTACT:

Mr. Phil Johnson, Bridge Administration

Branch, Commander (ob), Eighth Coast

Guard District, 501 Magazine Street,

New Orleans, Louisiana 70130–3396,

telephone number (504) 589–2965.

SUPPLEMENTARY INFORMATION:

Background and Purpose

The Seabrook (Southern railroad)

bascule span drawbridge across the

Inner Harbor Navigation Canal, mile 4.5

in New Orleans, has a vertical clearance

of one foot above high tide in the closed

to navigation position and unlimited

clearance in the open to navigation

position. Navigation on the waterway

consist of tugs with tows, including

crane barges, jack-up boats, oil industry

crew vessels, fishing vessels, sailing

vessels, and other recreational craft. The

Port of New Orleans requested a

temporary deviation from the normal

operation of the bridge so that repairs to

the concrete roadway support may be

made.

Dated: January 30, 1997.

T.W. Josiah,

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

Eighth Coast Guard District.

[FR Doc. 97–5175 Filed 2–28–97; 8:45 am]

BILLING CODE 4910–14–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 300

[FRL–5696–4]

National Oil and Hazardous

Substances Pollution Contingency

Plan; National Priorities List Update

AGENCY: Environmental Protection

Agency.

ACTION: Notice of deletion of the Spence

Farm Site from the National Priorities

List.

SUMMARY: The Environmental Protection

Agency (EPA) Region II announces the

deletion of the Spence Farm site in

Ocean County, New Jersey from the

National Priorities List (NPL). The NPL

is Appendix B of 40 CFR Part 300, the

National Oil and Hazardous Substances

Pollution Contingency Plan (NCP),

which EPA promulgated pursuant to

Section 105 of the Comprehensive

Environmental Response,

Compensation, and Liability Act of 1980

(CERCLA), as amended. EPA and the

State of New Jersey have determined

that responsible parties have

implemented all appropriate response

actions required. Moreover, EPA and the

State of New Jersey have determined

that remedial actions conducted at the

site to date remain protective of public

health, welfare, and the environment.

EFFECTIVE DATE: March 3, 1997.

ADDRESSES: Comprehensive information

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