Federal Register / Vol. 63, No. 146 /Thursday, July 30, 1998 /Rules and Regulations 40655

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD 08–98–044]

Drawbridge Operating Regulation;

Atchafalaya River, LA

AGENCY: Coast Guard, DOT.

ACTION: Notice of temporary deviation

from regulation.

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 Union Pacific Railroad swing

span bridge across the Atchafalaya

River, mile 95.7 at Krotz Springs,

Louisiana. This deviation allows the

Union Pacific Railroad to close the

bridge to navigation from 7 a.m. on

Monday, August 17, 1998 through 6

p.m. on Sunday, August 23, 1998. This

temporary deviation is issued to allow

for the replacement of the electric

motors, gears and associated machinery

of the swing span operating mechanism.

DATES: This deviation is effective from

7 a.m. on Monday, August 17, 1998

through 6 p.m. on Sunday, August 23,

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 Union

Pacific Railroad swing span bridge

across the Atchafalaya River, mile 95.7

at Krotz Springs, Louisiana has a

vertical clearance of 6 feet above mean

high water, elevation 38.5 feet Mean Sea

Level, in the closed-to-navigation

position and unlimited clearance in the

open-to-navigation position. Navigation

on the waterway consists primarily of

tugs with tows and occasional

recreational craft. Presently, the draw

opens on signal.

On June 1, 1998, the Coast Guard

issued a temporary deviation from the

regulation governing the operation of

the draw to allow it to remain closed to

navigation from 7 a.m. on Monday, July

27, 1998 through 6 p.m. on Monday,

August 3, 1998. This temporary

deviation was issued to allow for the

replacement of the electric motors, gears

and associated machinery of the swing

span operating mechanism. However,

the contractor was unable to mobilize

for reasons including contract

negotiations and delays in material

deliveries. The previous temporary

deviation is hereby cancelled. The

Union Pacific Railroad requested the

Coast Guard issue an additional

temporary deviation to allow the work

to begin on August 17, 1998 and to

continue through August 23, 1998. The

deteriorated condition of the bridge

warrants the closure so that remedial

work can be accomplished. The work

consists of replacing the electric motors,

gears and other components of the

operating machinery. This work is

essential for the continued operation of

the swing span. Alternate navigation

routes are available. Mariners may

transit the Atchafalaya River to the site

of the bridge from both upstream via the

Red River and Mississippi River and

from downstream via Atchafalaya Bay.

The District Commander has,

therefore, issued a deviation from the

regulations in 33 CFR 117.5 authorizing

the Union Pacific Railroad swing span

bridge across the Atchafalaya River,

mile 95.7 at Krotz Springs, Louisiana to

remain in the closed-to-navigation

position from 7 a.m. on August 17, 1998

through 6 p.m. on August 23, 1998.

Dated: July 21, 1998.

Paul J. Pluta,

Rear Admiral, U.S. Coast Guard Commander,

Eighth Coast Guard District.

[FR Doc. 98–20417 Filed 7–29–98; 8:45 am]

BILLING CODE 4910–15–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01–98–080]

RIN 2115–AA97

Safety Zone; Gloucester Harbor

Fireworks Display, Gloucester Harbor,

Gloucester, MA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone for

the Gloucester Harbor Fireworks

Display around Stage Fort Park in

Gloucester Harbor, Gloucester, MA. The

safety zone is in effect from 9 p.m. until

11 p.m. on August 6, 1998. The safety

zone temporarily closes all waters

within four hundred (400) yards of the

shoreline of the shore of Stage Fort Park

in Gloucester Harbor, Gloucester, MA.

The safety zone is needed to protect

vessels from the hazards posed by a

fireworks display.

DATES: This rule is effective from 9 p.m.

until 11 p.m. on Thursday August 6,

1998.

FOR FURTHER INFORMATION CONTACT:

LT Mike Day, Waterways Management

Division, Coast Guard Marine Safety

Office Boston, (617) 223–3002.

SUPPLEMENTARY INFORMATION:

Regulatory History

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

proposed rulemaking (NPRM) was not

published for this regulation, and good

cause exists for making it effective in

less than 30 days after Federal Register

publication. Publishing a NPRM and

delaying its effective date would be

contrary to the 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

On June 4, 1998 the Gloucester

Fireworks Fund filed a marine event

permit with the Coast Guard to hold a

fireworks program on the waters of

Gloucester Harbor, Gloucester, MA. This

regulation establishes a safety zone in

all waters within four hundred (400)

yards of the shoreline of Stage Fort Park,

Gloucester Harbor, Gloucester, MA. This

safety zone is in effect from 9 p.m. to 11

p.m. on August 6, 1998.

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. 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 rule to be so minimal that

a full Regulatory Evaluation under

paragraph 10e of the regulatory policies

and procedures of DOT is unnecessary.

Deep draft vessel traffic, fishing vessels

and tour boats may experience minor

delays in departures or arrivals due to

the safety zone. Costs to the shipping

industry from these regulations, if any

will be minor and have no significant

adverse financial effect on vessel

operators. In addition, due to the

limited number and duration of the

arrivals, departures and harbor transits,

the Coast Guard expects the economic

impact of this regulation to be so

minimal that a Regulatory Evaluation is

unnecessary.
40656 Federal Register / Vol. 63, No. 146 /Thursday, July 30, 1998 /Rules and Regulations

Small Entities

Under the Regulatory Flexibility Act

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

considered whether this rule would

have a significant economic impact on

a substantial number of small entities.

Small entities may include (1) small

businesses and not-for-profit

organizations that are independently

owned and operated and are not

dominant in their fields and (2)

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 rule will not have

a significant impact on a substantial

number of small entities.

Collection of Information

This proposal 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 has considered the

environmental impact of this final rule

and concluded that, under Figure 2–1,

paragraph 34(g), of Commandant

Instruction M16475.1C, this final rule is

categorically excluded from further

environmental documentation. A

‘‘Categorical Exclusion Determination’’

is available in the docket for inspection

or copying where indicated under

ADDRESSES.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and recordkeeping

requirements, Security measures,

Waterways.

Regulation

For reasons set out in the preamble,

the Coast Guard amends 33 CFR part

165 as follows:

1. The authority citation for part 165

continues to read as follows:

Authority: 33 U.S.C. 1231; 50 U.S.C. 191;

33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5;

49 CFR 1.46.

2. Add temporary § 165.T01–080 to

read as follows:

§ 165.T01–080 Safety Zone: Gloucester

Harbor Fireworks Display, Gloucester

Harbor, Gloucester, MA.

(a) Location. The following area is a

safety zone:

All waters of Gloucester Harbor

within four hundred (400) yards of the

shoreline of Stage Fort Park in

Gloucester Harbor, Gloucester, MA.

(b) Effective date. This section is

effective from 9 p.m. until 11 p.m. on

Thursday August 6, 1998.

(c) Regulations. (1) In accordance with

the general regulations in § 165.23 of

this part, entry into or movement within

this zone is prohibited unless

authorized by the Captain of the Port

Boston.

(2) All persons and vessels shall

comply with the instructions of the

Captain of the Port or the designated onscene U.S. Coast Guard patrol

personnel. U.S. Coast Guard patrol

personnel include commissioned,

warrant, and petty officers of the U.S.

Coast Guard.

(3) The general regulations covering

safety zones in § 165.23 of this part

apply.

Dated: July 2, 1998.

J.L. Grenier,

Captain, U.S. Coast Guard, Captain of the

Port, Boston, Massachusetts.

[FR Doc. 98–20288 Filed 7–29–98; 8:45 am]

BILLING CODE 4910–15–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 9

[OPPTS–00246; FRL–5799–8]

Technical Amendments to OMB

Control Numbers

AGENCY: Environmental Protection

Agency.

ACTION: Final rule.

SUMMARY: EPA is amending the table of

OMB control numbers. The Office of

Management Budget (OMB) issues

control numbers under the Paperwork

Reduction Act for regulations with

information collection requirements.

This technical amendment includes any

new approvals and removes any

termination of approvals published in

the Federal Register since July 1, 1997,

or any expired approvals.

DATES: This rule is effective July 30,

1998.

FOR FURTHER INFORMATION CONTACT:

Susan H. Hazen, Director,

Environmental Assistance Division

(7408), Environmental Protection

Agency, Rm. E-541, 401 M St., SW.,

Washington, DC 20460; telephone: 202–

554–1404 TDD: 202–554–0551; and email: TSCA-Hotline@epa.gov.

SUPPLEMENTARY INFORMATION: This

document consolidates the OMB control

numbers for various regulations issued

under the Toxic Substances Control Act

(15 U.S.C. 2601) and the Federal

Insecticide, Fungicide, and Rodenticide

Act (7 U.S.C. 136 et seq.) published in

the Federal Register since July 1, 1996.

Under the Paperwork Reduction Act (44

U.S.C. 3501 et seq.) and the OMB

approval process, information collection

requests included in this technical

amendment were previously subject to

public notice and comment prior to

approval and receipt of an OMB control

number. Therefore, EPA finds that there

is ‘‘good cause’’ under the

Administrative Procedure Act (5 U.S.C.

553(b)(3)(B)) not to issue a proposed

rule for this technical amendment.

I. Regulatory Assessment

This final rule does not impose any

new requirements. It only implements a

technical amendment to the Code of

Federal Regulations (CFR). As such, this

action does not require review by the

Office of Management and Budget

(OMB) under Executive Order 12866,

entitled Regulatory Planning and

Review (58 FR 51735, October 4, 1993),

the Paperwork Reduction Act (PRA), 44

U.S.C. 3501 et seq., or Executive Order

13045, entitled Protection of Children

from Environmental Health Risks and

Safety Risks (62 FR 19885, April 23,

1997). For the same reason, it does not

require any action under Title II of the

Unfunded Mandates Reform Act of 1995

(UMRA) (Pub. L. 104–4), Executive

Order 12875, entitled Enhancing the

Intergovernmental Partnership (58 FR

58093, October 28, 1993), or Executive

Order 12898, entitled Federal Actions to

Address Environmental Justice in

Minority Populations and Low-Income

Populations (59 FR 7629, February 16,

1994). In addition, since this type of

action is not subject to notice-andcomment requirements under the

Administrative Procedure Act or any

other statute, no action is needed under

the Regulatory Flexibility Act (RFA) (5

U.S.C. 601 et seq.).

II. Submission to Congress and the

Comptroller General

The Congressional Review Act, 5

U.S.C. 801 et seq., as added by the Small

Business Regulatory Enforcement

Fairness Act of 1996, generally provides

that before a rule may take effect, the

Agency promulgating the rule must

submit a rule report, which includes a

copy of the rule, to each House of the

Congress and to the Comptroller General