Federal Register / Vol. 63, No. 120 /Tuesday, June 23, 1998 /Rules and Regulations 34123

response to the prior opportunities for

comment described above.

List of Subjects in 14 CFR Part 25

Aircraft, Aviation safety, Reporting

and recordkeeping requirements.

The authority citation for these

special conditions is as follows:

Authority: 49 U.S.C. 106(g), 40113, 44701,

44702, 44704.

The Special Conditions

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the following special

conditions are issued as part of the type

certification basis for McDonnell

Douglas DC–9–81, –82 airplanes

modified by Midwest Express Airlines.

1. Protection From Unwanted Effects

of High-Intensity Radiated Fields

(HIRF). Each electrical and electronic

system that performs critical functions

must be designed and installed to

ensure that the operation and

operational capability of these systems

to perform critical functions are not

adversely affected when the airplane is

exposed to high intensity radiated

fields. For the purpose of these special

conditions, the following definition

applies:

Critical Functions. Functions whose

failure would contribute to or cause a

failure condition that would prevent the

continued safe flight and landing of the

airplane.

Issued in Renton, Washington, on June 11,

1998.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 98–16632 Filed 6–22–98; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01–97–020]

RIN 2115–AE47

Drawbridge Operation Regulations;

Passaic River, NJ

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: The Coast Guard amends the

operating rules for five bridges over the

Passaic River in New Jersey. This final

rule will allow the bridge owners to

operate their bridges on an advance

notice basis. The Jackson Street Bridge

at mile 4.6, the Bridge Street Bridge at

mile 5.6, and the Clay Street Bridge at

mile 6.0, will open on signal after a four

hour advance notice is given. The New

Jersey Transit Rail Operations (NJTRO)

Bridge at mile 11.7, and the Route 3

Bridge at mile 11.8, will open on signal

after a 24 hour notice is given. This final

rule is expected to relieve the bridge

owners of the burden of constantly

having personnel available to open the

bridges and still provide for the needs

of navigation.

DATES: This final rule is effective July

23, 1998.

ADDRESSES: Documents as indicated in

this preamble are available for

inspection or copying at the First Coast

Guard District Office, 408 Atlantic

Avenue, Boston, Ma. 02110–3350, 7

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

Friday, except Federal holidays. The

telephone number is (617) 223–8364.

FOR FURTHER INFORMATION CONTACT:

John W. McDonald, Project Officer, First

Coast Guard District, (617) 223–8364.

SUPPLEMENTARY INFORMATION:

Regulatory History

On February 13, 1998, the Coast

Guard published a notice of proposed

rulemaking entitled Drawbridge

Operation Regulations Passaic River,

New Jersey, in the Federal Register (63

FR 7357). The Coast Guard did not

receive any comments in response to the

notice of proposed rulemaking. No

public hearing was requested, and none

was held.

Background

The clearances at mean high water

(MHW) and mean low water (MLW) for

the five bridges affected by this rule

change are as follows: Jackson Street 15′

MHW & 20′ MLW, Bridge Street 7′

MHW & 12′ MLW, Clay Street 8′ MHW

& 13′ MLW, NJTRO 26′ MHW & 31′

MLW and Route 3 35′ MHW & 40′ MLW.

The Jackson Street, Bridge Street and

Clay Street bridges presently open on

signal, except that, notice must be given

before 2:30 a.m. for openings between

4:30 p.m. and 7 p.m. This change to the

operating regulations will require the

bridges to open on signal after four

hours notice is given.

The NJTRO Bridge presently opens on

signal from 8 a.m. to 4 p.m., if at least

six hours notice is given. From 4 p.m.

to 8 a.m., the draw need not be open.

The Route 3 Bridge presently opens on

signal, if at least six hours notice is

given. New Jersey Transit Rail

Operations records indicate there has

not been a request to open the NJTRO

Bridge since December, 1991. The New

Jersey Department of Transportation

records indicate there have been only

ten bridge openings during the last ten

years for the Route 3 Bridge. All ten

openings were test openings.

Discussion of Comments and Changes

No comments were received in

response to the Notice of Proposed

Rulemaking. The six month advance

notice requirement for the NJTRO and

Route 3 Bridge published in the Notice

of Proposed Rulemaking has been

changed to a 24 hour advance notice for

openings. Upon further review the Coast

Guard believes a 24 hour notice is a

more reasonable time period than the

six months in the original proposal. The

Coast Guard believes that six months is

too restrictive for mariners that may

need to transit through the bridges. The

bridge owners have been contacted and

advised that a six month notice is too

restrictive to navigation and so long as

the respective bridges are movable

bridges that they must continue to keep

the operating machinery in good

working condition. A 24 hour advance

notice should still provide relief to the

bridge owners by not requiring the

bridges to be crewed and still provide

for the needs of navigation that may

desire to pass through the bridge.

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 conclusion is

based on the fact that bridges must

operate in accordance with the needs of

navigation while providing for the

reasonable needs of land transportation.

This final rule adopts the operating

hours which the Coast Guard believes to

be appropriate based on the results of

past experience with the roving

drawtender crew operation and public

comments. The Coast Guard believes

this final rule achieves the requirement

of balancing the navigational rights of

boaters and the needs of land based

transportation.

Small Entities

Under the Regulatory Flexibility Act

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

considered whether this final rule will

have a significant economic impact on
34124 Federal Register / Vol. 63, No. 120 /Tuesday, June 23, 1998 /Rules and Regulations

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 less than 50,000.

Therefore, for the reasons discussed in

the Regulatory Evaluation section above,

the Coast Guard certifies under 5 U.S.C.

605(b) 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 in accordance with the

principles and criteria contained in

Executive Order 12612 and has

determined that this final 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 final rule

and concluded that, under Figure 2–1,

paragraph 32(e), of Commandant

Instruction M16475.1C, this final rule is

categorically excluded from further

environmental documentation because

promulgation of changes to drawbridge

regulations have been found to have a

significant effect on the environment. A

‘‘Categorical Exclusion Determination’’

is not required for this final rule.

List of Subjects in 33 CFR Part 117

Bridges.

Regulations

For the reasons set out 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. In § 117.739, paragraphs (d), (f), (i),

(m) and (n) are revised to read as

follows:

§ 117.739 Passaic River.

* * * * *

(d) The draw of the Jackson Street

Bridge, mile 4.6, shall open on signal if

at least four hours notice is given by

calling the number posted at the bridge.

* * * * *

(f) The draw of the Bridge Street

Bridge, mile 5.6, shall open on signal if

at least four hours notice is given by

calling the number posted at the bridge.

* * * * *

(i) The draw of the Clay Street Bridge,

mile 6.0, shall open on signal if at least

four hours notice is given by calling the

number posted at the bridge.

* * * * *

(m) The draw of the NJTRO Bridge,

mile 11.7, shall open on signal after at

least a 24 hour notice is given by calling

the number posted at the bridge.

(n) The draw of the Route 3 Bridge,

mile 11.8, shall open on signal after at

least a 24 hour notice is given by calling

the number posted at the bridge.

* * * * *

Dated: June 8, 1998.

R. M. Larrabee,

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

First Coast Guard District.

[FR Doc. 98–16666 Filed 6–22–98; 8:45 am]

BILLING CODE 4910–15–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01–98–044]

RIN 2115–AA97

Safety Zone: City of Yonkers

Fireworks, New York, Hudson River

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone for

the City of Yonkers fireworks program

located on the Hudson River, Yonkers,

New York. 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 a portion of the Hudson River.

DATES: This rule is effective from 8:30

p.m. until 10 p.m. on Saturday, July 4,

1998, with a rain date of Sunday, July

5, 1998, at the same time and place.

ADDRESSES: Documents as indicated in

this preamble are available for

inspection or copying at Coast Guard

Activities New York, 212 Coast Guard

Drive, room 205, Staten Island, New

York 10305, between 8 a.m. and 3 p.m.,

Monday through Friday, except Federal

holidays. The telephone number is (718)

354–4195.

FOR FURTHER INFORMATION CONTACT:

Lieutenant (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 fact that plans

for this event were recently finalized,

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 and protect the maritime

public from the hazards associated with

this fireworks display, which is

intended for public entertainment.

Background and Purpose

Bay Fireworks has submitted an

Application for Approval of Marine

Event to hold a fireworks program on

the waters of the Hudson River at

Yonkers, New York. The fireworks

program is being sponsored by the City

of Yonkers. This regulation establishes a

safety zone in all waters of the Hudson

River within a 360 yard radius of the

fireworks barge located at approximate

position 40°56′14′′ N 073°54′28′′ W

(NAD 1983), approximately 350 yards

northwest of the Yonkers Municipal

Pier. The safety zone is in effect from

8:30 p.m. until 10 p.m. on Saturday,

July 4, 1998, with a rain date of Sunday,

July 5, 1998, at the same time and place.

The safety zone prevents vessels from

transiting this portion of the Hudson

River, and is needed to protect boaters

from the hazards associated with

fireworks launched from a barge in the

area.

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 Regulatory Evaluation

under paragraph 10e of the regulatory

policies and procedures of DOT is

unnecessary. This finding is based on