23608 Federal Register / Vol. 66, No. 90 / Wednesday, May 9, 2001 / Rules and Regulations

programs and program amendments

since each program is drafted and

promulgated by a specific State, not by

OSM. Under sections 503 and 505 of

SMCRA (30 U.S.C. 1253 and 1255) and

30 CFR 730.11, 732.15, and

732.17(h)(10), decisions on proposed

State regulatory programs and program

amendments submitted by the States

must be based solely on a determination

of whether the submittal is consistent

with SMCRA and its implementing

Federal regulations and whether the

other requirements of 30 CFR Parts 730,

731, and 732 have been met.

National Environmental Policy Act

Section 702(d) of SMCRA (30 U.S.C.

1292(d)) provides a decision on a

proposed State regulatory program

provision does not constitute major

Federal action within the meaning of

section 102(2)(C) of the National

Environmental Policy Act (42 U.S.C.

4332(2)(C)). A determination has been

made that such decisions are

categorically excluded from the NEPA

process (516 DM 8.4.A).

Paperwork Reduction Act

This rule does not contain

information collection requirements that

require approval by OMB under the

Paperwork Reduction Act (44 U.S.C.

3507 et seq.).

Regulatory Flexibility Act

The Department of the Interior has

determined that this rule will not have

a significant economic impact on a

substantial number of small entities

under the Regulatory Flexibility Act (5

U.S.C. 601 et seq.). The State submittal

which is the subject of this rule is based

upon counterpart Federal regulations for

which an economic analysis was

prepared and certification made that

such regulations would not have a

significant economic effect upon a

substantial number of small entities.

Therefore, this rule will ensure that

existing requirements previously

promulgated by OSM will be

implemented by the State. In making the

determination as to whether this rule

would have a significant economic

impact, the Department relied upon the

data and assumptions for the

counterpart Federal regulations.

Small Business Regulatory Enforcement

Fairness Act

This rule is not a major rule under 5

U.S.C. 804(2), the Small Business

Regulatory Enforcement Fairness Act.

This rule:

a. Does not have an annual effect on

the economy of $100 million.

b. Will not cause a major increase in

costs or prices for consumers,

individual industries, federal, state, or

local government agencies, or

geographic regions.

c. Does not have significant adverse

effects on competition, employment,

investment, productivity, innovation, or

the ability of U.S. based enterprises to

compete with foreign-based enterprises.

This determination is based upon the

fact that the State submittal which is the

subject of this rule is based upon

counterpart Federal regulations for

which an analysis was prepared and a

determination made that the Federal

regulation was not considered a major

rule.

Unfunded Mandates

This rule will not impose a cost of

$100 million or more in any given year

on any governmental entity or the

private sector.

List of Subjects in 30 CFR Part 936

Intergovernmental relations, Surface

mining, Underground mining.

Dated: April 25, 2001.

Charles E. Sandberg,

Acting Regional Director, Mid-Continent

Regional Coordinating Center.

For the reasons set out in the

preamble, 30 CFR Part 936 is amended

as set forth below:

PART 936—OKLAHOMA

1. The authority citation for Part 936

continues to read as follows:

Authority: 30 U.S.C. 1201 et seq.

2. Section 936.15 is amended in the

table by adding a new entry in

chronological order by ‘‘Date of final

publication’’ to read as follows:

§ 936.15 Approval of Oklahoma regulatory

program amendments.

* * * * *

Original amendment

submission date

Date of final

publication Citation/description

*******

January 25, 2001 ........ May 9, 2001. ............... OCA 460:20–17–3.

[FR Doc. 01–11634 Filed 5–8–01; 8:45 am]

BILLING CODE 4310–05–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01–01–062]

RIN 2115–AE47

Drawbridge Operation Regulations:

Hackensack River, NJ

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary final rule

governing the operation of the Lincoln

Highway Bridge, at mile 1.8, across the

Hackensack River at Jersey City, New

Jersey. This temporary final rule

requires vessels to provide a one-hour

daytime advance notice and a four-hour

nighttime advance notice for bridge

openings from May 8, 2001 through July

31, 2001. This action is necessary to

facilitate completion of maintenance at

the bridge.

DATES: This temporary final rule is

effective from May 8, 2001 through July

31, 2001.

ADDRESSES: The public docket and all

documents referred to in this notice are

available for inspection or copying at

the First Coast Guard District, Bridge

Branch Office, 408 Atlantic Avenue,

Boston, Massachusetts, 02110, 7 a.m. to

3 p.m., Monday through Friday, except

Federal holidays.

FOR FURTHER INFORMATION CONTACT: Ms.

Judy Yee, Project Officer, First Coast

Guard District, (212) 668–7165.

SUPPLEMENTARY INFORMATION:

Regulatory Information

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 a NPRM

and for making this regulation effective

in less than 30 days after publication in

the Federal Register. This temporary

rule will extend the time period the

bridge will operate on an advance notice

basis in order to complete maintenance

repairs that were scheduled to be

completed by May 7, 2001. The Coast

Federal Register / Vol. 66, No. 90 / Wednesday, May 9, 2001 / Rules and Regulations 23609

Guard published a temporary rule on

March 13, 2001, (66 FR 14487) effective

from March 13, 2001 through May 7,

2001, to facilitate necessary

maintenance at the bridge. The

scheduled repairs could not be

performed as planned due to inclement

weather conditions; therefore,

additional time will be required to

complete this work.

The Coast Guard did not receive

notification from the bridge owner,

regarding the need to extend the

maintenance period in time to provide

30 days notice prior to this rule’s

effective date. This temporary rule will

not close the bridge to marine traffic at

any time. It will simply require mariners

to provide advance notification for

bridge openings.

The Coast Guard discussed the

advance notification periods with all

known waterway users likely to be

impacted by this change to the

drawbridge operation regulations and

no objections were received.

Any delay encountered in this

regulation’s effective date would be

unnecessary and contrary to the public

interest since immediate action is

needed in order to complete this

necessary maintenance at the bridge.

Background

The Lincoln Highway Bridge, at mile

1.8, across the Hackensack River has a

vertical clearance of 35 feet at mean

high water and 40 feet at mean low

water. The existing operating

regulations require the bridge to open

on signal at all times.

The owner of the bridge, the New

Jersey Department of Transportation

(NJDOT), initially requested a temporary

change to the operating regulations

requiring advance notice for bridge

openings from February 12, 2001

through May 7, 2001. The bridge owner

was initially granted the above

temporary final rule (66 FR 14487)

effective from March 13, 2001 through

May 7, 2001, in order to perform

necessary maintenance at the bridge.

Due to inclement weather the scheduled

repairs will not be completed within the

time period covered by the first

temporary rule. The bridge owner has

requested a second temporary regulation

to be effective from May 8, 2001 through

July 31, 2001; whereby, the bridge will

operate as follows: from May 8, 2001

through July 31, 2001 the Lincoln

Highway Bridge shall open on signal;

except that, Monday through Thursday,

9 a.m. to 4 p.m., at least a one-hour

advance notice for bridge openings is

required and from 9 p.m. on Friday

through 5 a.m. on Monday, at least a

four-hour advance notice for bridge

openings is required. Vessels that can

pass under the bridges without openings

may do so at all times. This temporary

rule is necessary in order to complete

the remaining maintenance repairs at

the bridge.

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 has not reviewed it 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). This

conclusion is based on the fact that the

bridge will continue to open at all times

provided the advance notice is given.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601–612) we considered

whether this rule would have a

significant economic impact on a

substantial number of small entities.

‘‘Small entities’’ comprises 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.

The Coast Guard certifies under 5

U.S.C. 605(b) that this rule will not have

a significant economic impact on a

substantial number of small entities.

This conclusion is based on the fact that

the bridge will continue to open on

signal at all times provided the advance

notice is given.

Collection of Information

This rule calls for no new collection

of information under the Paperwork

Reduction Act of 1995 (44 U.S.C. 3501–

3520).

Federalism

We have analyzed this rule under

Executive Order 13132 and have

determined that this rule does not have

implications for federalism under that

Order.

Unfunded Mandates Reform Act

The Unfunded Mandates Reform Act

of 1995 (2 U.S.C. 1531–1538) governs

the issuance of Federal regulations that

require unfunded mandates. An

unfunded mandate is a regulation that

requires a State, local, or tribal

government or the private sector to

incur direct costs without the Federal

Government’s having first provided the

funds to pay those unfunded mandate

costs. This rule will not impose an

unfunded mandate.

Taking of Private Property

This rule will not effect a taking of

private property or otherwise have

taking implications under Executive

Order 12630, Governmental Actions and

Interference with Constitutionally

Protected Property Rights.

Civil Justice Reform

This rule meets applicable standards

in sections 3(a) and 3(b)(2) of Executive

Order 12988, Civil Justice Reform, to

minimize litigation, eliminate

ambiguity, and reduce burden.

Protection of Children

We have analyzed this rule under

Executive Order 13045, Protection of

Children from Environmental Health

Risks and Safety Risks. This rule is not

an economically significant rule and

does not concern an environmental risk

to health or risk to safety that may

disproportionately affect children.

Environment

The Coast Guard considered the

environmental impact of this rule and

concluded that under figure 2–1,

paragraph (32)(e) of Commandant

Instruction M16475.1C, this rule is

categorically excluded from further

environmental documentation because

promulgation of changes to drawbridge

regulations have been found to not have

a significant effect on the environment.

A written ‘‘Categorical Exclusion

Determination’’ is not required for this

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. From May 8, 2001 through July 31,

2001, § 117.723 is temporarily amended

by adding an new paragraph (i) to read

as follows:

§ 117.723 Hackensack River

* * * * *

(i) The Lincoln Highway Bridge, mile

1.8, shall open on signal; except that,

23610 Federal Register / Vol. 66, No. 90 / Wednesday, May 9, 2001 / Rules and Regulations

Monday through Thursday, 9 a.m. to 4

p.m., at least a one-hour advance notice

for bridge openings is required and from

9 p.m. on Friday through 5 a.m. on

Monday, at least a four-hour advance

notice for bridge openings is required.

Dated: April 30, 2001.

G.N. Naccara,

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

First Coast Guard District.

[FR Doc. 01–11713 Filed 5–8–01; 8:45 am]

BILLING CODE 4910–15–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01–01–059]

Drawbridge Operation Regulations:

Kennebec River, ME

AGENCY: Coast Guard, DOT.

ACTION: Notice of temporary deviation

from regulations.

SUMMARY: The Commander, First Coast

Guard District, has issued a temporary

deviation from the drawbridge operation

regulations for the Carlton Bridge, at

mile 14.0, across the Kennebec River

between Bath and Woolwich, Maine.

This deviation from the regulations

authorizes the bridge owner to keep the

bridge in the closed position from 7 a.m.

on May 24, 2001 through 7 p.m. on June

7, 2001. This deviation is necessary in

order to facilitate necessary repairs at

the bridge.

DATES: This deviation is effective from

May 24, 2001, through June 7, 2001.

FOR FURTHER INFORMATION CONTACT: John

McDonald, Project Officer, First Coast

Guard District, at (617) 223–8364.

SUPPLEMENTARY INFORMATION: The

Carlton Bridge, at mile 14.0, across the

Kennebec River has a vertical clearance

in the closed position of 10 feet at mean

high water and 16 feet at mean low

water. The existing drawbridge

operating regulations are listed at 33

CFR 117.525.

The owner of the bridge, the Maine

Department of Transportation, requested

a temporary deviation from the

drawbridge operation regulations to

facilitate the installation of an alternate

diesel powered operating system at the

bridge. The bridge will be out of service

during the construction necessary to

install the back-up diesel operating

system.

This deviation to the operating

regulations authorizes the owner of the

Carlton Bridge to keep the bridge in the

closed position from 7 a.m. on May 24,

2001 through 7 p.m. on June 7, 2001.

In accordance with 33 CFR 117.35(c),

this work will be performed with all due

speed in order to return the bridge to

normal operation as soon as possible.

This deviation from the operating

regulations is authorized under 33 CFR

117.35.

Dated: April 30, 2001.

G.N. Naccara,

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

First Coast Guard District.

[FR Doc. 01–11712 Filed 5–8–01; 8:45 am]

BILLING CODE 4910–15–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01–01–055]

RIN 2115–AE47

Drawbridge Operation Regulations:

Chelsea River, MA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary final rule

governing the operation of the P.J.

McArdle Bridge, at mile 0.3, across the

Chelsea River between East Boston and

Chelsea, Massachusetts. This rule

allows the bridge owner to keep the

bridge in the partial open position of 49

degrees for eight, three and a half day,

closures. This action is necessary to

facilitate structural maintenance at the

bridge.

DATES: This temporary final rule is

effective from June 11, 2001 through

September 21, 2001.

ADDRESSES: Comments and material

received from the public, as well as

documents indicated in this preamble as

being available in the docket, are part of

docket (CGD01–01–055) and are

available for inspection or copying at

the First Coast Guard District, Bridge

Branch Office, 408 Atlantic Avenue,

Boston, Massachusetts, 02110, 6:30 a.m.

to 3 p.m., Monday through Friday,

except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr.

John McDonald, Project Officer, First

Coast Guard District, (617) 223–8364.

SUPPLEMENTARY INFORMATION:

Regulatory Information

The Coast Guard has determined that

good cause exists under the

Administrative Procedure Act (5 U.S.C.

553) to forego notice and comment for

this rulemaking because notice and

comment are unnecessary. The Coast

Guard believes notice and comment are

unnecessary because all the facilities

that operate on the Chelsea River agreed

to the requested closure dates at a

meeting on March 1, 2001. The

recreational vessels that use the Chelsea

River will not be effected by the bridge

not fully opening because there will still

be 135 feet of navigable channel with

unlimited airspace available when the

bridge is opened to a 49 degree angle.

Deep draft vessels will be prohibited

from transiting the waterway during the

specified dates closures as a result of a

safety zone that is pending publication

in the Federal Register.

Background

The P.J. McArdle Bridge, at mile 0.3,

across the Chelsea River, has a vertical

clearance of 21 feet at mean high water,

and 30 feet at mean low water in the

closed position. The existing

drawbridge operating regulations are

listed at 33 CFR 117.593.

The bridge owner, the City of Boston,

requested a temporary deviation from

the drawbridge operating regulations at

a meeting on March 1, 2001, between

the Coast Guard and the upstream

facilities that operate on the Chelsea

River. All the facilities agreed to the

proposed closure schedule. The

recreational vessels that transit the

Chelsea River will not be effected by the

bridge being in the partial open position

of 49 degrees because they will still

have 135 feet of navigable channel with

unlimited airspace to pass through the

bridge.

During the closure periods the bridge

bascule spans will be at approximately

a 49 degree angle of opening. This will

reduce the navigable channel with

unlimited airspace from 175 feet to 135

feet. This partial open position is

necessary in order to perform structural

repairs at the bridge.

This temporary final rule allows the

bridge owner to keep the bridge in the

partial open position for eight, three and

a half day, closure periods, from sunset

on Monday through sunrise on Friday.

This closure schedule will allow 10

days between each closed period for full

operation of the bridge.

The bridge will be in the partial open

position from sunset on Monday

through sunrise on Friday on the

following dates:

June 11, 2001 through June 15, 2001;

June 25, 2001 through June 29, 2001;

July 9, 2001 through July 13, 2001;

July 23, 2001 through July 27, 2001;

August 6, 2001 through August 10,

2001;