23638 Federal Register / Vol. 66, No. 90 / Wednesday, May 9, 2001 / Proposed Rules

substantial number of small entities.

This action proposes to increase the

flexibility provided to States on how

they choose to spend their Federal-aid

highway funds. For this reason, the

FHWA certifies that this action would

not have a significant economic impact

on a substantial number of small

entities.

Environmental Impact

The FHWA has also analyzed this

action for the purpose of the National

Environmental Policy Act (42 U.S.C.

4321 et seq.), and has determined that

this action would not have any effect on

the quality of the human environment.

Executive Order 13132 (Federalism)

The FHWA has analyzed this action

in accordance with the principles and

criteria contained in Executive Order

13132 dated August 4, 1999, and

determined that this action does not

have sufficient federalism implications

on States that would limit the

policymaking discretion of the States.

Nothing in this document directly

preempts any State law or regulation.

Executive Order 12372

(Intergovernmental Review)

Catalog of Federal Domestic

Assistance Program Number 20.205,

Highway Planning and Construction.

The regulations implementing Executive

Order 12372 regarding

intergovernmental consultation on

Federal programs and activities apply to

this program.

Unfunded Mandates Reform Act of

1995

This rule does not impose a Federal

mandate resulting in the expenditure by

State, local, and tribal governments, in

the aggregate, or by the private sector, or

$100 million or more in any one year.

(2 U.S.C. 1531 et seq.).

Paperwork Reduction Act of 1995

Under the Paperwork Reduction Act

of 1995 (PRA) (44 U.S.C. 3501 et seq.),

Federal agencies must obtain approval

from the Office of Management and

Budget (OMB) for each collection of

information they conduct, sponsor, or

require through regulations. The FHWA

has reviewed this proposal and

determined that it does not contain

additional collection of information

requirements for the purposes of the

PRA. The requirements to collect

information relating to the current

provisions of the right-of-way regulation

are covered by a currently approved

information collection entitled ‘‘State

Right-of-Way Operations Manuals.’’

OMB Approval No. 2125–0586, Expires

August 31, 2003. This information

collection covers the burden for the

States to prepare and update their rightof-way operations manuals.

Changes in this proposal would

clarify the right-of-way regulations for

federally assisted transportation projects

and would, therefore, not affect the

current information collection burden

estimates.

Executive Order 12988 (Civil Justice

Reform)

This action 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.

Executive Order 13045 (Protection of

Children)

The FHWA has analyzed this action

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 safety

that may disproportionately affect

children.

Executive Order 12630 (Taking of

Private Property)

This rule will not affect a taking of

private or otherwise have taking

implications under Executive Order

12630. Governmental Actions and

Interference with Constitutionally

Protected Property Rights.

Regulation Identification Number

A regulation identification number

(RIN) is assigned to each regulatory

action listed in the Unified Agenda of

Federal Regulations. The Regulatory

Information Service Center publishes

the Unified Agenda in April and

October of each year. The RIN contained

in the heading of this document can be

used to cross-reference this action with

the Unified Agenda.

List of Subjects in 23 CFR Part 710

Grant programs-transportation,

Highways and roads, Real property

acquisition, Rights-of-way.

In consideration of the foregoing, the

FHWA proposes to amend title 23, Code

of Federal Regulations, Chapter 1, by

amending Part 710 as set forth below.

Issued on: May 2, 2001.

Vincent F. Schimmoller,

Deputy Executive Director, Federal Highway

Administration.

PART 710—[AMENDED]

1. The authority citation for part 710

continues to read as follows:

Authority: 23 U.S.C. 101(a), 107, 108, 111,

114, 133, 142(f), 145, 156, 204, 210, 308, 315,

317, and 323; 42 U.S.C. 2000d et seq., 4633,

4651–4655; 49 CFR 1.48(b) and (cc), 18.31,

and parts 21 and 24; 23 CFR 1.32.

2. Revise § 710.203(b)(2) to read as

follows:

§ 710.203 Funding and reimbursement.

* * * * *

(b) * * *

(2) Relocation assistance and

payments. Usual cost and

disbursements associated with

relocation assistance and payments

required under 49 CFR part 24 and

under the laws of the State, including

payments under State law that may

exceed the requirements of 49 CFR part

24.

* * * * *

§ 710.409 [Amended]

3. Amend § 710.409(a) by revising the

reference ‘‘§ 710.403(c)’’ to read

‘‘§ 710.403(d).’’

[FR Doc. 01–11710 Filed 5–8–01; 8:45 am]

BILLING CODE 4910–22–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01–01–038]

RIN 2115–AE47

Drawbridge Operation Regulations;

West Bay, MA

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard proposes to

change the drawbridge operating

regulations for the West Bay Bridge, at

mile 1.2, across West Bay in Osterville,

Massachusetts. This proposed rule

would allow the bridge owner to

increase the advance notice requirement

for April and extend the evening

operating hours at the bridge during the

boating season. This action is expected

to better meet the present needs of

navigation.

DATES: Comments must reach the Coast

Guard on or before July 9, 2001.

ADDRESSES: You may mail comments to

Commander (obr), First Coast Guard

Federal Register / Vol. 66, No. 90 / Wednesday, May 9, 2001 / Proposed Rules 23639

District, Bridge Branch, at 408 Atlantic

Avenue, Boston, MA. 02110–3350, or

deliver them to the same address

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

through Friday, except Federal holidays.

The telephone number is (617) 223–

8364. The First Coast Guard District,

Bridge Branch, maintains the public

docket for this rulemaking. Comments

and material received from the public,

as well as documents indicated in this

preamble as being available in the

docket, will become part of this docket

and will be available for inspection or

copying at the First Coast Guard

District, Bridge Branch, 7 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:

Request for Comments

We encourage you to participate in

this rulemaking by submitting

comments or related material. If you do

so, please include your name and

address, identify the docket number for

this rulemaking (CGD01–01–038),

indicate the specific section of this

document to which each comment

applies, and give the reason for each

comment. Please submit all comments

and related material in an unbound

format, no larger than 81⁄2 by 11 inches,

suitable for copying. If you would like

to know if they reached us, please

enclose a stamped, self-addressed

postcard or envelope. We will consider

all comments and material received

during the comment period. We may

change this proposed rule in view of

them.

Public Meeting

We do not now plan to hold a public

meeting. But you may submit a request

for a meeting by writing to the First

Coast Guard District, Bridge Branch, at

the address under ADDRESSES explaining

why one would be beneficial. If we

determine that one would aid this

rulemaking, we will hold one at a time

and place announced by a later notice

in the Federal Register.

Background and Purpose

The West Bay Bridge has a vertical

clearance of 15 feet at mean high water

and 17 feet at mean low water.

The existing regulations for the bridge

listed at 33 CFR 117.622, require the

bridge to open on signal, April 1

through October 31, as follows:

(1) April 1 through June 14 and

October 12 through October 31; 8 a.m.

to 4 p.m.

(2) June 15 through June 30; 8 a.m. to

6 p.m.

(3) July 1 through Labor Day; 8 a.m.

to 8 p.m.

(4) Labor Day through October 11; 8

a.m. to 5 p.m.

At all other times from April 1

through October 31, the draw opens on

signal if at least four hours advance

notice is given. From November 1

through March 31, the draw opens on

signal if at least twenty-four hours

advance notice is given.

The bridge owner, the Town of

Barnstable, asked the Coast Guard to

change the drawbridge operation

regulations to allow the bridge to open

on signal, from April 1 through April 30

if at least a twenty-four hours advance

notice is given by calling the number

posted at the bridge.

The bridge was authorized to remain

closed for repairs in April for the last

two years. The number of bridge

openings in April for the last five years

are as follows:

1995 1996 1997 1998 1999 2000

54 46 45 70 0 0

In return for the advance notice

requirement at all times in April, the

bridge owner would crew the bridge two

to three hours later at night during the

boating season.

The bridge owner voluntarily

expanded on signal service during the

summer of 1999 and 2000, by extending

the operating hours at the bridge at

night. This was possible as a result of

the cost savings derived from not

crewing the bridge, 8 a.m. to 4 p.m.,

during the month of April while it was

closed for repairs.

The bridge owner held a town

meeting on January 25, 2001, in

Osterville, Massachusetts, to receive

verbal and written comment regarding

this proposed change to the drawbridge

operation regulations. The bridge has

essentially operated for the past two

years in accordance with the operating

hours included in this proposed rule.

The proposed changes were fully

supported by the local attendees at the

special town meeting. Attendees at the

meeting included the local marina

operators, mariners and citizens of

Osterville. Mariners can reach open

water when the West Bay Bridge is not

crewed by navigating through Cotuit.

Discussion of Proposal

This proposed rule would require the

West Bay Bridge, mile 1.2, across West

Bay in Osterville, Massachusetts, to

operate as follows:

(1) From November 1 through April

30, the draw would open on signal if at

least a twenty-four hours advance notice

is given.

(2) From May 1 through June 15, the

draw would open on signal from 8 a.m.

to 6 p.m.

(3) From June 16 through September

30, the draw would open on signal from

7 a.m. to 9 p.m.

(4) From October 1 through October

31, the draw would open on signal from

8 a.m. to 6 p.m.

(5) At all other times from May 1

through October 31, the draw would

open on signal if at least a four-hour

advance notice is given by calling the

number posted at the bridge.

The increase in the advance notice

requirement from four-hours to twentyfour hours during April should assist

the bridge owner in cost savings while

the additional hours the bridge is

crewed May through September should

benefit the mariners and better meet the

needs of navigation. The Coast Guard

believes this proposed rule is reasonable

and will meet the present needs of

navigation.

Paragraph (c) in the existing

regulations would be removed by this

proposed rule because it is now listed

at 33 CFR 117.31.

Regulatory Evaluation

This proposed 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

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,

Feb. 26, 1979).

We expect the economic impact of

this proposed rule to be so minimal that

a full Regulatory Evaluation, under

paragraph 10e of the regulatory policies

and procedures of DOT, is unnecessary.

This conclusion is based on the fact that

the bridge will open at all times for the

passage of vessel traffic.

23640 Federal Register / Vol. 66, No. 90 / Wednesday, May 9, 2001 / Proposed Rules

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601–612), we considered

whether this proposed 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

section 5 U.S.C. 605(b), that this

proposed rule would not have a

significant economic impact on a

substantial number of small entities.

This conclusion is based upon the fact

that the bridge will open at all times for

the passage of vessel traffic.

If you think that your business,

organization, or governmental

jurisdiction qualifies as a small entity

and that this rule would have a

significant economic impact on it,

please submit a comment (see

ADDRESSES) explaining why you think it

qualifies and how and to what degree

this rule would economically affect it.

Collection of Information

This proposed 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 proposed 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 costs. This proposed

rule would not impose an unfunded

mandate.

Taking of Private Property

This proposed 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.

Civil Justice Reform

This proposed 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 proposed 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 proposed rule and

concluded that, under figure 2–1,

paragraph (32)(e), of Commandant

Instruction M16475.1C, this proposed

rule is categorically excluded from

further environmental documentation

because promulgation of drawbridge

regulations have been found not to 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 proposes to

amend 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. Section 117.622 is revised to read

as follows:

§ 117.622 West Bay.

The draw of the West Bay Bridge,

mile 1.2, at Osterville, shall operate as

follows:

(a) From November 1 through April

30, the draw shall open on signal if at

least a twenty-four hours advance notice

is given.

(b)(1) From May 1 through June 15,

the draw shall open on signal from 8

a.m. to 6 p.m.

(2) From June 16 through September

30, the draw shall open on signal from

7 a.m. to 9 p.m.

(3) From October 1 through October

31, the draw shall open on signal from

8 a.m. to 6 p.m.

(4) At all other times from May 1

through October 31, the draw shall open

on signal if at least a four-hours advance

notice is given by calling the number

posted at the bridge.

Dated: April 26, 2001.

G.N. Naccara,

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

First Coast Guard District.

[FR Doc. 01–11716 Filed 5–8–01; 8:45 am]

BILLING CODE 4910–15–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD08–01–009]

RIN 2115–AE47

Drawbridge Operation Regulation;

Massalina Bayou, Florida

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard is proposing

a change to the regulation governing the

operation of the Tarpon Dock bascule

span drawbridge across Massalina

Bayou, mile 0.0, at Panama City, Bay

County, Florida. The proposed rule

would allow the draw of the bridge to

remain closed to navigation from 9 p.m.

until 11 p.m. on July 4 of each year.

This rule will facilitate movement of

vehicular traffic associated with a

fireworks display which is conducted

annually on July 4. Presently the draw

opens on signal at all times.

DATES: Comments and related material

must reach the Coast Guard on or before

May 22, 2001.

ADDRESSES: You may mail comments to

Commander (ob), Eighth Coast Guard

District, 501 Magazine Street, New

Orleans, Louisiana 70130–3396, or

deliver them to room 1313 at the same

address between 7 a.m. and 3 p.m.,

Monday through Friday, except Federal

holidays. The Commander, Eighth Coast

Guard District, Bridge Administration

Branch maintains the public docket for

this rulemaking. Comments and

material received from the public, as

well as documents indicated in this

preamble as being available in the

docket, will become part of this docket

and will be available for inspection or

copying at the Bridge Administration

Branch, Eighth Coast Guard District

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

through Friday, except Federal holidays.