Federal Register / Vol. 63, No. 118 / Friday, June 19, 1998 /Rules and Regulations 33577

contained in Executive Order 12612 and

have determined that this rule 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 rule and

has determined pursuant to figure 2–1,

paragraph 32(e) of Commandant

Instruction M16475.1C, that this rule is

categorically excluded from further

environmental documentation. A

Categorical Exclusion determination has

been prepared and is available for

inspection and copying in the docket.

List of Subjects in 33 CFR Part 117

Bridges.

Final Regulations

For the reasons set out in the

preamble, the Coast Guard amends Part

117 of Title 33, Code of Federal

Regulations, as follows:

PART 117—[AMENDED]

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.

§ 117.261 [Removed and Reserved]

2. In § 117.261, remove and reserve

paragraph (f).

Dated: May 18, 1998.

Norman T. Saunders,

Rear Admiral, U.S. Coast Guard Commander,

Seventh Coast Guard District.

[FR Doc. 98–16369 Filed 6–18–98; 8:45 am]

BILLING CODE 4910–15–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD 08–98–023]

Drawbridge Operating Regulation;

Dulac Bayou, LA

AGENCY: Coast Guard, DOT.

ACTION: Notice of temporary deviation

from regulations.

SUMMARY: The Commander, Eighth

Coast Guard District has issued a

temporary deviation from the regulation

in 33 CFR 117.5 governing the operation

of the SR 57 swing span drawbridge

across Dulac Bayou, mile 0.6, at Dulac,

Terrebonne Parish, Louisiana. This

deviation allows the Louisiana

Department of Transportation and

Development to close the bridge from 7

a.m. and noon and from 12:30 p.m. until

3:30 p.m., on July 6, 7, 8, 13, 14, 15, 20,

21, 22, 27, 28 and 29, 1998. The span

will open for the passage of traffic from

noon until 12:30 on each of these days.

The bridge will operate normally at all

other times. This temporary deviation is

issued to allow for the cleaning and

painting of the swing span, an extensive

but necessary maintenance operation.

DATES: This deviation is effective from

7 a.m. on July 6 until 3:30 p.m. on July

29, 1998.

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: The SR 57

swing span drawbridge across Dulac

Bayou, mile 0.6, in Dulac, Terrebonne

Parish, Louisiana, has a vertical

clearance of 7 feet above high water in

the closed-to-navigation position and

unlimited clearance in the open-tonavigation position. Navigation on the

waterway consists of tugs with tows,

fishing vessels, sailing vessels, and

other recreational craft. The Louisiana

Department of Transportation and

Development requested a temporary

deviation from the normal operation of

the bridge in order to accommodate the

maintenance work. The maintenance

work involves cleaning and painting of

the swing span. This work is essential

for the continued operation of the draw

span.

This deviation allows the draw of the

SR 57 swing span bridge across Dulac

Bayou, mile 0.6, at Dulac to remain in

the closed-to-navigation position

between 7 a.m. and noon and from

12:30 p.m. until 3:30 p.m., on July 6, 7,

8, 13, 14, 15, 20, 21, 22, 27, 28 and 29,

1998. The span will open for the

passage of traffic from noon until 12:30

on each of these days. The bridge will

operate normally at all other times.

This deviation will be effective from

7 a.m. on July 6 until 3:30 p.m. on July

29, 1998. Presently, the draw opens on

signal at any time.

Dated: June 11, 1998.

A.L. Gerfin, Jr.,

Captain, U.S. Coast Guard, Acting

Commander, 8th Coast Guard Dist.

[FR Doc. 98–16368 Filed 6–18–98; 8:45 am]

BILLING CODE 4910–15–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD 08–98–030]

Drawbridge Operating Regulation;

Lafourche Bayou, LA

AGENCY: Coast Guard, DOT.

ACTION: Notice of temporary deviation

from regulations.

SUMMARY: The Commander, Eighth

Coast Guard District has issued a

temporary deviation from the regulation

governing the operation of the SR 1

vertical lift bridge across Lafourche

Bayou, mile 13.3, in Leeville, Lafourche

Parish, Louisiana. This deviation allows

the Louisiana Department of

Transportation and Development to

close the bridge to navigation from 7

a.m. until 9 a.m.; 9:30 a.m. until noon;

12:30 p.m. until 3 p.m.; and 3:30 p.m.

until 7 p.m., Monday through Friday,

except Federal holidays, from August 3,

1998, until October 2, 1998. This

temporary deviation is issued to allow

for general maintenance repairs.

DATES: This deviation is effective from

7 a.m. on August 3, 1998, until 7 p.m.

on October 2, 1998.

FOR FURTHER INFORMATION CONTACT:

Mr. Phil Johnson or Mr. 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: The SR 1

vertical lift span bridge across Lafourche

Bayou at Leeville, Lafourche Parish,

Louisiana has a vertical clearance of 40

feet above mean high water in the

closed-to-navigation position. Mean

high water elevation is 3 feet above

Mean Sea Level (MSL). Navigation on

the waterway consists primarily of

fishing vessels, some tugs with tows and

occasional recreational craft. Presently,

the draw opens on signal for the passage

of vessels.

The Louisiana Department of

Transportation and Development

requested a temporary deviation from

the normal operation of the bridge in

order to do maintenance work on the

bridge. The work consists of

mechanical, electrical, and structural

repairs which require the bridge to

remain in the closed to navigation

position for several hours at a time.

During portions of this repair work,

scaffolding may be placed below the

bridge over the navigation channel

reducing the approved vertical
33578 Federal Register / Vol. 63, No. 118 / Friday, June 19, 1998 /Rules and Regulations

clearance to less than 40 feet above

mean high water. The reduction in the

vertical clearance will be approximately

4 feet. Alternate routes are available.

This work is essential for the continued

safe operation of the vertical lift span.

The District Commander has,

therefore, issued a deviation from the

regulations in 33 CFR 117.5 authorizing

the SR 1 vertical lift span bridge across

Lafourche Bayou, Louisiana to remain

in the closed-to-navigation position

from 7 a.m. until 9 a.m.; 9:30 a.m. until

noon; 12:30 p.m. until 3 p.m.; and 3:30

p.m. until 7 p.m., Monday through

Friday, except Federal holidays, from

August 3, 1998, until October 2, 1998.

Dated: June 11, 1998.

A.L. Gerfin, Jr.,

Captain, U.S. Coast Guard, Acting

Commander, 8th Coast Guard Dist.

[FR Doc. 98–16367 Filed 6–18–98; 8:45 am]

BILLING CODE 4910–15–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01–98–040]

RIN 2115–AA97

Safety Zone: Great Catskills Triathlon,

Hudson River, Kingston, NY

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone for

the Great Catskills Triathlon located on

the Hudson River in the vicinity of

Kingston Point Reach, Kingston, New

York. The safety zone is in effect from

7 a.m. until 8:30 a.m. on Sunday, July

12, 1998. This action is necessary to

provide for the safety of life on

navigable waters during the event. This

action is intended to restrict vessel

traffic in the Hudson River, in the

vicinity of Kingston Point Reach.

DATES: This rule is effective from 7 a.m.

until 8:30 a.m. on Sunday, July 12,

1998, unless terminated sooner by the

Captain of the Port, New York.

ADDRESSES: Comments may be mailed to

the Waterways Oversight Branch

(CGD01–98–040), Coast Guard Activities

New York, 212 Coast Guard Drive,

Staten Island, New York 10305, or

deliver them to room 205 at the same

address between 8 a.m. and 3 p.m.,

Monday through Friday, except Federal

holidays.

The Waterways Oversight Branch of

Coast Guard Activities New York

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 205, Coast Guard Activities New

York, between 8 a.m. and 3 p.m.,

Monday through Friday, except Federal

holidays

FOR FURTHER INFORMATION CONTACT:

Lietuenant (Junior Grade) A. Kenneally,

Waterways Oversight Branch, Coast

Guard Activities New York, at (718)

354–4195.

SUPPLEMENTARY INFORMATION:

Regulatory History

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

proposed rulemaking (NPRM) was not

published for this regulation. Good

cause exists for not publishing an NPRM

and for making this regulation effective

less than 30 days after Federal Register

publication. Due to the date this

application was received, there was

insufficient time to draft and publish an

NPRM. Any delay encountered in this

regulation’s effective date would be

contrary to public interest since

immediate action is needed to close a

portion of the waterway to protect

swimmers and the maritime public from

the hazards associated with 500 athletes

competing in the swimming portion of

the Great Catskills Triathlon.

Background and Purpose

On April 12, 1998, the New York

Triathlon Club, submitted an

Application for Approval of Marine

Event to hold the swimming

competition of the Great Catskills

Triathlon on the waters of the Hudson

River in the vicinity of Kingston Point

Reach. this regulation establishes a

safety zone in all waters of the Hudson

River within a 1000 year radius of

41°56′06′′ N 073°57′57′′ W (NAD 1983).

This area encompasses approximately

1,800 yards of Kingston Point Reach,

from just south of red buoy #74 to green

buoy #77. The safety zone is in effect

from 7 a.m. until 8:30 a.m. on Sunday,

July 12, 1998, unless terminated sooner

by the Captain of the Port, New York.

The safety zone prevents vessels from

transiting this portion of the Hudson

River and is needed to protect

swimmers and boaters from the hazards

associated with 500 swimmers

competing in a confined area of the

Hudson River.

Regulatory Evaluation

This 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 not been reviewed 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 final rule to be so

minimal that a full Regulatory

Evaluation under paragraph 10e of the

regulatory policies and procedures of

DOT is unnecessary. This finding is

based on the limited marine traffic in

the area, the minimal time that vessels

will be restricted from the zone, and

advance notifications which will be

made by the Local Notice to Mariners

and marine information broadcasts.

Recreational traffic will be able to

transit the river to the east of the safety

zone during this event. Commercial

traffic is not heavy in this area of the

Hudson River. It is expected that no

more than 1 or 2 commercial vessels

may be effected by this event. Due to the

advance advisories being made,

commercial traffic will be able to adjust

their transit time to arrive before or after

the event.

Small Entities

Under the Regulatory Flexibility Act

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

considered whether this rule will have

a significant economic impact on a

substantial number of small entities.

‘‘Small entities’’ include 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.

For the reasons discussed in the

Regulatory Evaluation above, the Coast

Guard certifies under section 605(b) of

the Regulatory Flexibility Act (5 U.S.C.

601 et seq.) that this final rule will not

have a significant economic impact on

a substantial number of small entities.

Collection of Information

This final rule does not provide for a

collection of information under the

Paperwork Reduction Act of 1995 (44

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

Federalism

The Coast Guard has analyzed this

final rule under the principles and

criteria contained in Executive Order

12612, and has determined that this

final rule does not have sufficient

implications for federalism to warrant

the preparation of a Federalism

Assessment.

Environment

Under figure 2–1, paragraph 34(g), of

Commandant Instruction M16475.1C,

this final rule is categorically excluded