33574 Federal Register / Vol. 63, No. 118 / Friday, June 19, 1998 /Rules and Regulations

13. Revise § 66.10–1 to read as

follows:

§ 66.10–1 General.

(a) Until December 31, 2003, the

Uniform State Waterway Marking

System’s (USWMS) aids to navigation

provisions for marking channels and

obstructions may be used in those

navigable waters of the U.S. that have

been designated as state waters for

private aids to navigation and in those

internal waters that are non-navigable

waters of the U.S. All other provisions

for the use of regulatory markers and

other aids to navigation shall be in

accordance with United States Aid to

Navigation System, described in part 62

of this subchapter.

(b) The USATONS may be used in all

U.S. waters under state jurisdiction,

including non-navigable state waters.

§ 66.10–5 [Removed]

14. Remove § 66.10–5.

§ 66.10–10 [Removed]

15. Remove § 66.10–10.

16. In § 66.10–15 revise paragraph (a)

to read as follows:

§ 66.19–15 Aids to navigation.

(a) USWMS aids to navigation may

have lateral or cardinal meaning.

* * * * *

§ 66.10–20 [Removed]

17. Remove § 66.10–20.

§ 66.10–25 [Removed]

18. Remove § 66.10–25.

§ 66.10–30 [Removed]

19. Remove § 66.10–30.

20. Revise § 66.10–35 to read as

follows:

§ 66.10–35 Navigation lights.

A red light shall only be used on a

solid colored red buoy. A green light

shall only be used on a solid colored

black or a solid colored green buoy.

White lights shall be used for all other

buoys. When a light is used on a

cardinal system buoy or a vertically

striped white and red buoy, it shall

always be quick flashing.

§ 66.10–40 [Removed]

21. Remove § 66.10–40.

§ 66.10–45. [Removed]

22. Remove § 66.10–45.

Dated: June 11, 1998.

Ernest R. Riutta,

Assistant Commandant for Operations.

[FR Doc. 98–16242 Filed 6–18–98; 8:45 am]

BILLING CODE 4910–15–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD08–98–037]

RIN 2115–AE46

Special Local Regulations: EZ

Challenge Speed Boat Race, Ohio

River, Beech Bottom, West Virginia

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: Special local regulations are

being adopted for the EZ Challenge

Speed Boat Race. This event will be

held on Saturday and Sunday, July 4

and 5, 1998, between 9:30 a.m. and 6:30

p.m. Eastern Standard Time (EST) on

the Ohio River. These regulations are

needed to provide for the safety of life

on navigable waters during the event.

DATES: These regulations become

effective at 9:30 a.m. and terminate at

6:30 p.m. EST on July 4 and 5, 1998.

FOR FURTHER INFORMATION CONTACT:

LT Ted Ferring, Coast Guard Marine

Safety Office, Pittsburgh, PA at (412)

644–5808.

SUPPLEMENTARY INFORMATION:

Drafting Information

The drafters of this regulation are LT

Ted Ferring, Project Officer, Coast

Guard Marine Safety Office, Pittsburgh

and LTJG Michele Woodruff, Project

Attorney, Eighth Coast Guard District

Legal Office.

Regulatory History

In accordance with 5 U.S.C. 553, a

notice of proposed rulemaking has not

been published for this regulation and

good cause exists for making it effective

in less than 30 days from the date of

publication in the Federal Register.

Following normal rulemaking

procedures would have been

impracticable. The application to hold

the event was not received with

sufficient time remaining to publish

proposed rules in advance of the event

or to provide for a delay effective date.

Background and Purpose

The marine event requiring this

regulation is a powered boat race called

the ‘‘EZ Challenge Speed Boat Race.’’

This event is sponsored by Beech

Bottom Marina. It will consist of

approximately 20 participants operating

at high speeds. Also, 50–100 spectator

craft are expected for this event. The

speed boat race will occur near Beech

Bottom, West Virginia on the Ohio

River. The resulting congestion of

navigable channels creates an extra and

unusual hazard in the navigable waters.

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 the

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 rule

to be so minimal that a full Regulatory

Evaluation under paragraph 10e of the

regulatory policies and procedures of

DOT is unnecessary, as this regulation

will be in effect for approximately

eighteen hours in a limited area of the

Ohio River.

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 small

businesses, not-for-profit organizations

that are independently owned and

operated and are not dominant in their

field, and governmental jurisdictions

with populations of less than 50,000.

Therefore, the Coast Guard certifies

under section 605(b) that this rule will

not have a significant effect upon a

substantial number of small entities,

because the regulation is in effect for

approximately eighteen hours in a

limited part of the Ohio River.

Collection of Information

This rule contains no collection of

information requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

Federalism Assessment

This action has been analyzed in

accordance with the principles and

criteria contained in Executive Order

12612, and it has been determined that

the rulemaking 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 action

consistent with section 2–1, paragraph

(34)(h), Commandant Instruction

M16475.1C, this rule is categorically

excluded from further environmental

documentation.
Federal Register / Vol. 63, No. 118 / Friday, June 19, 1998 /Rules and Regulations 33575

List of Subject in 33 CFR Part 100

Marine Safety, Navigation (water),

Reporting and record keeping

requirements. Waterways.

Temporary Regulation.

In consideration of the foregoing, the

Coast Guard amends Part 100 of Title

33, Code of Federal Regulation, as

follows:

PART 100—[AMENDED]

1. The authority citation for Part 100

continues to read as follows:

Authority: 33 U.S.C. 1233; 49 CFR 1.46 and

33 CFR 100.35.

2. A temporary § 100.35–T08–028 is

added to read as follows:

§ 100.35–T08–028 Special Local

Regulation, Ohio River, Beech Bottom, WV.

(a) Regulated Area: A regulated area is

established on the Ohio River, which

consists of all waters, bank-to-bank,

inside mile markers 77.2 to 78.0.

(b) Special Local Regulation:

(1) Entry into the regulated area is

closed to all commercial and

recreational marine traffic from 9:30

a.m. to 6:30 p.m. EST on July 4 and 5,

1998 without the consent of the Captain

of the Port, Pittsburgh.

(2) Only vessels participating in the

speed boat race and sponsor safety

vessels will be permitted in the

regulated area.

(3) There will be periodic breaks in

the schedule. Vessels wishing to transit

the area must coordinate passage with

the Coast Guard Patrol Commander.

(c) Dates: This section is effective at

9:30 a.m. and terminates at 6:30 p.m.

EST on July 4 and 5, 1998.

Dated: June 11, 1998.

A.L. Gerfin, Jr.,

Captain, U.S. Coast Guard, Acting

Commander, 8th Coast Guard Dist.

[FR Doc. 98–16371 Filed 6–18–98; 8:45 am]

BILLING CODE 4910–15–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD 08–98–028]

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

continuously from 7 a.m. on Tuesday

through 7 p.m. on Thursday each week

from July 7, 1998 through July 30, 1998.

This temporary deviation is issued to

allow for the replacement of all four sets

of lift cables for the vertical lift span.

DATES: This deviation is effective from

7 a.m. on July 7, 1998 until 7 p.m. on

July 9, 1998; from 7 a.m. on July 14,

1998 until 7 p.m. on July 16, 1998; from

7 a.m. on July 21, 1998 until 7 p.m on

July 23, 1998; and from 7 a.m. on July

28, 1998 until 7 p.m. on July 30, 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 replacing

all four sets of lift cables of the vertical

lift span. The cables are worn, have

begun to fray, and are in need of

immediate replacement. 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

continuously from 7 a.m. on Tuesday

through 7 p.m. on Thursday each week

from July 7, 1998 through July 30, 1998.

Dated: June 11, 1998.

A.L. Gerfin, Jr.,

Captain, U.S. Coast Guard, Acting

Commander, 8th Coast Guard Dist.

[FR Doc. 98–16372 Filed 6–18–98; 8:45 am]

BILLING CODE 4910–15–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD07–98–025]

RIN 2115–AE47

Drawbridge Operation Regulations;

Atlantic Intracoastal Waterway, Florida

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: The Coast Guard is removing

the regulations governing the operation

of the Flagler Beach Bridge (SR 100)

mile 810.6, at Flagler Beach, Florida.

This drawbridge has been removed and

replaced by a higher fixed bridge and

there is no longer a need for the

regulation.

DATES: This rule is effective June 19,

1998.

FOR FURTHER INFORMATION CONTACT: Ms.

Evelyn Smart, Project Manager, Bridge

Section, at (305) 536–6546.

SUPPLEMENTARY INFORMATION:

Background and Purpose

The bridge regulation for the Flagler

Beach Bridge (SR 100) was published in

the Federal Register on October 13,

1995 [60 FR 53274]. The regulation

established draw times for the opening

of the drawbridge. This drawbridge was

replaced by a new higher fixed level

bridge, which opened to vehicular

traffic in June, 1997. All parts of the old

drawbridge not used in the new fixed

bridge have been removed from the

waterway. Therefore, the regulation

governing the operation of the old

drawbridge is no longer necessary and

the Coast Guard is removing 33 CFR

117.261(e).

The Coast Guard finds in accordance

with 5 U.S.C. 553, that good cause exists

for proceeding directly to final rule and

making this rule effective in less than 30

days. This final rule removes a bridge

regulation for a drawbridge that was

removed in June 1997. Therefore,

publishing a notice of proposed

rulemaking or delaying the effective

date of the final rule is unnecessary and

the Coast Guard is proceeding to final

rule, effective upon publication in the

Federal Register.

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 under that order has not