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;

Federal Register / Vol. 66, No. 90 / Wednesday, May 9, 2001 / Rules and Regulations 23611

August 20, 2001 through August 24,

2001;

September 3, 2001 through September 7,

2001; and

September 17, 2001 through September

21, 2001.

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

requested closures were agreed upon in

advance by the upstream facilities that

use this waterway.

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’’ comprise 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 requested closures were agreed upon

in advance by the upstream facilities

that use this waterway.

Assistance for Small Entities

Under section 213(a) of the Small

Business Regulatory Enforcement

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

we offered 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 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

employees of the Coast Guard, call 1–

888–REG–FAIR (1–888–734–3247).

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 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. From June 11, 2001 through

September 21, 2001, § 117.593 is

suspended and a new section 117.T594

is added to read as follows:

§ 117.T594 Chelsea River.

(a) All drawbridges across the Chelsea

River shall open on signal; except that,

the P.J. McArdle Bridge, mile 0.3, need

not fully open for the passage of vessel

traffic from, sunset on Monday through

sunrise on Friday, 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; August 20,

2001 through August 24, 2001;

September 3, 2001 through September 7,

2001; and September 17, 2001 through

September 21, 2001.

(b) The opening signal for each

drawbridge is two prolonged blasts

followed by two short blasts and one

prolonged blast. The acknowledging

signal is three prolonged blasts when

the draw can be opened immediately

and two prolonged blasts when the

draw cannot be opened or is open and

must be closed.

Dated: April 30, 2001.

G.N. Naccara,

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

First Coast Guard District.

[FR Doc. 01–11711 Filed 5–8–01; 8:45 am]

BILLING CODE 4910–15–P