Federal Register / Vol. 66, No. 89 / Tuesday, May 8, 2001 / Rules and Regulations 23159

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 the

temporary final rule.

Indian Tribal Governments

This final rule does not have tribal

implications under Executive Order

13175, Consultation and Coordination

with Indian Tribal Governments,

because it does not have substantial

direct effect on one or more Indian

tribes, on the relationship between the

Federal Government and Indian tribes,

or on the distribution of power and

responsibilities between the Federal

Government and Indian tribes.

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 § 117.789, from 8 a.m. through

12 p.m. on May 6, 2001, paragraph (c)

is temporarily suspended and a new

paragraph (g) is added to read as

follows:

§ 117.789 Harlem River

* * * * *

(g) The draws of the Third Avenue

Bridge, mile 1.9, and the Madison

Avenue Bridge, mile 2.3, across the

Harlem River between Manhattan and

the Bronx, need not open for vessel

traffic on May 6, 2001, from 8 a.m. to

12 p.m.

3. In section 117.801, from 9:30 a.m.

through 1:30 p.m. on May 6, 2001,

paragraph (g) and (h) are suspended and

a new paragraph (i) is added to read as

follows:

§ 117.801 Newtown Creek, Dutch Kills,

English Kills, and their tributaries.

* * * * *

(i) The draw of the Pulaski Bridge,

mile 0.6, across the Newtown Creek

between Brooklyn and Queens, need not

open for vessel traffic, on May 6, 2001,

from 9:30 a.m. to 1:30 p.m.

Dated: April 19, 2001.

G.N. Naccara,

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

First Coast Guard District.

[FR Doc. 01–11493 Filed 5–7–01; 8:45 am]

BILLING CODE 4910–15–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR PART 117

[CGD08–01–007]

RIN 2115–AE47

Drawbridge Operating Regulation;

Ouachita River, LA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

temporarily changing the regulation

governing the operation of the Kansas

City Southern Railroad swing span

bridge across the Ouachita River, mile

167.1, at Monroe, Ouachita Parish,

Louisiana. This rule allows for the

passage of vessels from June 4, 2001,

through November 15, 2001 during the

morning hours with proper advance

notice. This rule is issued to facilitate

the repairs to the turn span of the

bridge. Normally, the draw opens on

signal at all times.

DATES: This rule is effective from June

4, 2001, through November 15, 2001.

ADDRESSES: Comments and materials

received from the public, as well as

documents indicated in this preamble as

being available in the docket, will be

available for inspection or copying at

the office of the Eighth Coast Guard

District, Bridge Administration Branch,

Hale Boggs Federal Building, Room

1313, 501 Magazine Street, New

Orleans, Louisiana 70130–3396 between

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

Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr.

David Frank, Bridge Administration

Branch, Commander (ob), Eighth Coast

Guard District, telephone number 504–

589–2965.

SUPPLEMENTARY INFORMATION:

Regulatory Information

On March 30, 2001, we published a

notice of proposed rulemaking (NPRM)

entitled Drawbridge Operating

Regulation; Ouachita River, Louisiana,

in the Federal Register (66 FR 17376).

We received one letter commenting on

the proposed rule. No public hearing

was requested, and none was held.

Background and Purpose

The Kansas City Southern Railroad

has submitted plans to repair the turn

span of the swing span bridge across the

Ouachita River, mile 167.1, at Monroe.

To facilitate the continued movement of

trains across the bridge during the

repairs, the railroad plans to remove the

swing span and temporarily replace it

with a removable span bridge with 70

feet of horizontal clearance. The railroad

has requested limited openings during

the repair period of May 7, 2001 through

November 30, 2001. Frequent need to

remove and replace the span will

severely limit the railroad’s ability to

complete the repairs in a timely manner.

Discussions were held between the

railroad, its contractor, waterway users,

and facility operators to determine the

best method of allowing vessels to

transit the waterway during the repair

period. The discussions centered on the

mariner’s ability to transit the bridge

site on any day if proper notification

was given. The railroad only wanted to

23160 Federal Register / Vol. 66, No. 89 / Tuesday, May 8, 2001 / Rules and Regulations

open the bridge on certain days during

the morning hours. Mariners explained

that their schedule was not such that

they would need to go through the

bridge on set days and that the proposed

schedule by the railroad may require

vessels to wait almost 48 hours for the

passage. It was determined that due to

the limited number of transits, openings

would not be required daily but set days

would not be acceptable.

Following the meetings, the group

recommended to the Coast Guard that

—The draw need not open for the

passage of vessels from 2 a.m. on June

4, 2001 through 2 a.m. on June 6,

2001, and from 2 a.m. on November

12, 2001 until 2 a.m. on November 14,

2001.

—At all other times between June 4,

2001 and November 15, 2001, the

draw of the bridge need not open for

the passage of vessels, except from 8

a.m. to 11 a.m. daily for those vessels

that have provided at least 20-hours

notice.

The two 48-hour closures will allow

for the removal and replacement of the

swing span and placement of the

removable span sections of the bridge.

Upon establishment of the removable

span bridge, mariners will be able to

transit the bridge site between the hours

of 8 a.m. and 11 a.m. daily provided that

at least 20-hours notice is given.

Discussion of Comments and Changes

Only one letter was received for the

NPRM. The Louisiana Department of

Agriculture and Forestry offered no

comments on the proposed rule. No

changes have been incorporated into the

Final Rule.

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, l979).

We expect the economic impact of

this rule to be so minimal that a full

Regulatory Evaluation under paragraph

10(e) of the regulatory policies and

procedures of DOT is unnecessary.

This rule maintains the movement of

vessels while allowing the bridge owner

to repair his bridge as expeditiously as

possible.

Small Entities

Under the Regulatory Flexibility Act

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

considers whether this rule would have

a significant economic impact on a

substantial number of small entities.

The term ‘‘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 of less than 50,000.

The Coast Guard certifies under 5

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

have a significant economic impact on

a substantial number of small entities.

Assistance for Small Entities

Under the 213(a) of the Small

Business Regulatory Enforcement

Fairness Act of 1996 (Pub. L. 104–121,

we want to assist small entities in

understanding the rule so that they can

better evaluate its effects on them and

participate in the rulemaking process.

Collection of Information

This rule would call 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 would not

have implications for federalism under

that Order. No comments were received

with regards to federalism during NPRM

comment period.

Unfunded Mandates Reform Act

The Unfunded Mandates Reform Act

of 1995 (2 U.S.C. 1531–1538) governs

the issuance of Federal regulations that

impose 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 costs. This rule

would not impose an unfunded

mandate. No comments were received

with regards to unfunded mandates

during NPRM comment period.

Taking of Private Property

This rule would 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. No comments

were received with regards to the taking

of private property during NPRM

comment period.

Civil Justice Reform

This rule meets applicable standards

in sections 3(a) and 3(b)(2) of E.O.

12988, Civil Justice Reform, to minimize

litigation, eliminate ambiguity, and

reduce burden. No comments were

received with regards to the taking of

private property during NPRM comment

period.

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

We considered the environmental

impact of this rule and concluded that,

under figure 2–1, paragraph (32)(e), of

Commandant Instruction M16475.lC,

this rule is categorically excluded from

further environmental documentation.

Bridge Administration Program actions

that can be categorically excluded

include promulgation of operating

regulations or procedures for

drawbridges. A ‘‘Categorical Exclusion

Determination’’ is available in the

docket where indicated under

ADDRESSES.

List of Subjects in 33 CFR Part 117

Bridges.

Regulations

For the reasons set out in the

preamble, the Coast Guard proposes to

amend Part 117 of Title 33, Code of

Federal Regulations, 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 2 a.m. on June 4, 2001 until

6 p.m. on November 15, 2001, in

§ 117.483, the existing text is

redesignated as paragraph (a) and a new

paragraph (b) is added to read as

follows:

§ 117.483 Ouachita River.

* * * * *

(b) The draw of the Kansas City

Southern Railroad swing span bridge,

mile 167.1, at Monroe, shall operate as

follows:

(1) The draw need not open for the

passage of vessels from 2 a.m. on June

4, 2001, through 2 a.m. on June 6, 2001,

and from 2 a.m. on November 12, 2001,

through 2 a.m. on November 14, 2001.

Federal Register / Vol. 66, No. 89 / Tuesday, May 8, 2001 / Rules and Regulations 23161

(2) At all other times between June 4,

2001, and November 15, 2001 inclusive,

the draw need not open for the passage

of vessels, except from 8 a.m. until 11

a.m. daily, the draw shall open for

vessels that have provided at least 20-

hours notice.

Dated: April 19, 2001.

Paul J. Pluta,

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

Eighth Coast Guard District.

[FR Doc. 01–11494 Filed 5–7–01; 8:45 am]

BILLING CODE 4910–15–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD07–01–034]

RIN 2115–AE47

Drawbridge Operation Regulations:

Atlantic Intracoastal Waterway, Fort

Lauderdale, Broward County, FL

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

temporarily modifying the regulations

governing the operation of the East

Sunrise Boulevard and East Las Olas

Drawbridges across the Atlantic

Intracoastal Waterway, mile 1062.6 and

1064, in Fort Lauderdale, Florida. This

temporary rule allows the East Sunrise

Boulevard and East Las Olas

Drawbridges to remain closed for

periods of time on May 5 and May 6,

2001 to facilitate the vehicle traffic flow

from the 2001 Air & Sea Show.

DATES: This rule is effective from 4 p.m.

on May 5, 2001 until 6 p.m. on May 6,

2001.

ADDRESSES: Material received from the

public as well as documents indicated

in this preamble as being available in

the docket are part of docket [CGD07–

01–034] and are available for inspection

or copying at Commander (oan),

Seventh Coast Guard District, 909 S.E.

1st Avenue, Miami, Florida 33131

between 7:30 a.m. and 4 p.m., Monday

through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr.

Michael Lieberum, Project Officer,

Seventh Coast Guard District, Bridge

Section, at (305) 536–7331.

SUPPLEMENTARY INFORMATION:

Regulatory Information

We did not publish a notice of

proposed rulemaking (NPRM) for this

regulation. Under 5 U.S.C. 553(b)(B), the

Coast Guard finds that good cause exists

for not publishing an NPRM. Publishing

an NPRM was impracticable and

contrary to the public interest. There

was insufficient time remaining to

publish an NPRM after we were notified

of the required closure, and further

delaying the event to follow normal

rulemaking procedures before

incorporating this important safety

measure would have a significant

negative affect on the outcome of this

annual, highly-attended event.

For the same reasons, under 5 U.S.C.

553(d)(3), the Coast Guard finds that

good cause exists for making this rule

effective less than 30 days after

publication in the Federal Register.

Background and Purpose

The East Las Olas Boulevard

Drawbridge, mile 1064.0, across the

Atlantic Intracoastal Waterway, has a

vertical clearance of 31 feet above mean

high water and a horizontal clearance of

91 feet between fenders. The existing

operating regulations in 33 CFR 117.5

require the bridge to open promptly and

fully for the passage of vessels when a

request to open is given.

The East Sunrise Boulevard

Drawbridge, mile 1062.6, across the

Atlantic Intracoastal Waterway, has a

vertical clearance of 25 feet at mean

high water and a horizontal clearance of

90 feet between fenders. The existing

operating regulations in 33 CFR

117.261(gg) require the bridge to open

on signal; except that from November 15

to May 15, from 10 a.m. to 6 p.m., the

draw need open only on the hour,

quarter-hour, half-hour and threequarter hour.

The City of Fort Lauderdale Police

Department recently requested that the

Coast Guard temporarily change the

operating regulations for both

drawbridges during parts of the 2001

Air and Sea Show to allow the

considerable amounts of vehicular and

pedestrian traffic be moved away from

the beach as safely and quickly as

possible. These temporary changes to

the drawbridges operating regulations

will allow the draws of the East Sunrise

Boulevard and East Las Olas Boulevard

drawbridges in Fort Lauderdale, Florida,

to remain closed from 4 p.m. to 6 p.m.

and 9:45 p.m. to 10:45 p.m. on May 5,

2001, and from 4 p.m. to 6 p.m. on May

6, 2001. Except that, the East Sunrise

Boulevard drawbridge may open at 4:45

p.m. and 5:30 p.m. each day, and the

East Las Olas Boulevard drawbridge

may open at 4:30 p.m. and 5:15 p.m.

each day on May 5 and 6, 2001.

Regulatory Evaluation

This proposal 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).

The Coast Guard expects the economic

impact of this rule to be so minimal that

a full Regulatory Evaluation under

paragraph 10(e) of the regulatory

policies and procedures of DOT is

unnecessary. The changes to the

bridge’s operating schedules will only

be in effect for five total hours over a

two-day period. Further, the temporary

schedules still allow for some scheduled

openings, albeit at reduced intervals.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601–612), the Coast Guard

must consider whether this rule will

have a significant economic effect upon

a substantial number of small entities.

‘‘Small entities’’ include small business,

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.

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 as

the regulations will only be in effect for

five total hours over a two day period

and the event will be highly publicized.

Assistance for Small Entities

Under section 213(a) of the Small

Business Regulatory Enforcement

Fairness Act of 1996 (Public Law 104–

221), we offer to assist small entities in

understanding the rule so that they

could better evaluate its effects on them

and participate in the rulemaking

process. Small entities may contact the

person listed under FOR FURTHER

INFORMATION CONTACT for assistance in

understanding and participating in this

rulemaking. We also have a point of

contact for commenting on actions by

employees of the Coast Guard. Small

businesses may send comments on the

actions of Federal employees who

enforce, or otherwise determine

compliance with Federal regulations to

the Small Business and Agriculture

Regulatory Enforcement Ombudsman

and the Regional Small Business

Regulatory Fairness Boards. The

Ombudsman evaluates these actions

annually and rates each agency’s

responsiveness to small business. If you

wish to comment on actions by