Federal Register / Vol. 66, No. 105 / Thursday, May 31, 2001 / Rules and Regulations 29483

Par. 12. A new sentence is added at

the end of § 24.135(a) to read as follows:

§ 24.135 Wine premises alternation.

(a) General. * * * If a proprietor of a

bonded wine cellar or winery wishes to

use all or a portion of such premises

alternately as a volatile fruit-flavor

concentrate plant or vice-a-versa, the

proprietor must comply with the

requirements of §§ 18.40 through 18.43

of this title.

* * * * *

Signed: March 6, 2001.

Bradley A. Buckles,

Director.

Approved: March 14, 2001.

Timothy E. Skud,

Acting Deputy Assistant Secretary

(Regulatory, Tariff and Trade Enforcement).

[FR Doc. 01–13630 Filed 5–30–01; 8:45 am]

BILLING CODE 4810–31–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01–01–041]

RIN 2115–AE47

Drawbridge Operation Regulations:

Jamaica Bay and connecting

waterways, NY.

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

temporarily changing the drawbridge

operation regulations which govern the

Beach Channel Railroad Bridge, at mile

6.7, across Jamaica Bay in New York.

This temporary change to the

drawbridge operation regulations will

allow the bridge owner to require a

twenty-four hours advance notice for

bridge openings from 6 a.m. to 7 p.m.,

on each Monday, Wednesday and

Friday, from May 18, 2001 through

November 30, 2001. This action is

necessary to facilitate necessary

maintenance at the bridge.

DATES: This rule is effective on May 18,

2001 through November 30, 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 (CGD01–01–041) and 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: Mr.

Joseph Schmied, Project Officer, First

Coast Guard District, (212) 668–7195.

SUPPLEMENTARY INFORMATION:

Regulatory Information

On April 6, 2001, we published a

notice of proposed rulemaking (NPRM)

entitled Drawbridge Operation

Regulations; Jamaica Bay and

Connecting Waterways, New York, in

the Federal Register (66 FR 18221). We

received no comments in response to

the notice of proposed rulemaking. No

public hearing was requested and none

was held. Pursuant to 5 U.S.C. 553, good

cause exists for making this regulation

effective in less than 30 days after

publication in the Federal Register. The

Coast Guard discussed the advance

notification periods with all known

waterway users likely to be impacted by

this change in operating regulations

prior to publication of the notice of

proposed rulemaking and none

objected. In fact, local waterway users

have voluntarily complied with the

advance notice requirement since April

30, 2001. The NPRM specified that we

anticipated that the final rule would

become effective less than 30 days

following publication. Any delay

encountered in this regulation’s

effective date would be unnecessary and

contrary to the public interest since

immediate action is needed to perform

this lengthy project during the spring,

summer and fall months when ambient

air temperatures and environmental

conditions permit effective sand

blasting and painting.

Background and Purpose

The Beach Channel Railroad Bridge,

at mile 6.7, across Jamaica Bay has a

vertical clearance of 26 feet at mean

high water and 31 feet at mean low

water. The existing regulations require

the draw to open on signal at all times.

The bridge owner, the New York City

Transit Authority, asked the Coast

Guard to temporarily change the

drawbridge operation regulations to

require at least a twenty-four hours

advance notice be given to open the

Beach Channel Railroad Bridge for

thirty-one weeks on each Monday,

Wednesday and Friday in order to

facilitate structural repairs and painting

at the bridge. The Coast Guard contacted

all known waterway users to advise

them of the proposed closures. No

objections or negative comments were

received in response this closure.

Discussion of Comments and Changes

The Coast Guard received no

comments in response to the notice of

proposed rulemaking. The effective date

of this final rule will be changed to the

date of signature of this final rule as the

weekend closure dates contemplated in

the NPRM have already passed. This

change will reduce rather than enlarge

the duration of the temporary 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, 1979). This

conclusion is based on the fact that the

bridge will still continue to open daily

for navigation.

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 still continue to open for

navigation daily.

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.

29484 Federal Register / Vol. 66, No. 105 / Thursday, May 31, 2001 / Rules and Regulations

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

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 May 18, 2001 through

November 30, 2001, section 117.795 is

temporarily amended, by adding a new

paragraph (e), to read as follows:

§ 117.795 Jamaica Bay and connecting

waterways.

* * * * *

(e) The Beach Channel Railroad

Bridge, at mile 6.7, shall open on signal

after at least a twenty-four hours

advance notice is given from 6 a.m. to

7 p.m., on each Monday, Wednesday,

and Friday, from May 18, 2001 through

November 30, 2001. Advance notice

may be given by calling the number

posted at the bridge.

Dated: May 18, 2001.

Gerald M. Davis,

Captain, U.S. Coast Guard, Acting

Commander, First Coast Guard District.

[FR Doc. 01–13640 Filed 5–30–01; 8:45 am]

BILLING CODE 4910–15–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01–00–248]

RIN 2115–AA97

Safety Zone: Triathlon, Ulster Landing,

Hudson River, NY

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: The Coast Guard is

establishing a permanent safety zone for

the annual Hudson Valley Triathlon

swim on the Hudson River. This action

is necessary to provide for the safety of

life on navigable waters during the

event. This action is intended to restrict

vessel traffic in a portion of the Hudson

River.

DATES: This rule is effective July 2,

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 (CGD01–00–248) and are

available for inspection or copying at

room 204, Coast Guard Activities New

York, 212 Coast Guard Drive, Staten

Island, NY 10305, between 8 a.m. and

3 p.m., Monday through Friday, except

Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Lieutenant M. Day, Waterways

Oversight Branch, Coast Guard

Activities New York (718) 354–4012.

SUPPLEMENTARY INFORMATION:

Regulatory Information

On March 2, 2001, we published a

notice of proposed rulemaking (NPRM)

entitled Safety Zone: Triathlon, Ulster

Landing, Hudson River, NY in the

Federal Register (66 FR 13030). We

received no letters commenting on the

proposed rule. No public hearing was

requested, and none was held.

Background and Purpose

The Coast Guard is establishing a

permanent safety zone for the annual

Hudson Valley Triathlon swim on the

Hudson River. The safety zone

encompasses all waters of the Hudson

River, in the vicinity of Ulster Landing,

bound by the following points:

42°00′03.7′′N, 073°56′43.1′′W; thence to

41°59′52.5′′N, 073°56′34.2′′W; thence to

42°00′15.1′′N, 073°56′25.2′′W; thence to

42°00′05.4′′N, 073°56′41.9′′W (NAD

1983); thence along the shoreline to the

point of beginning.

The safety zone is effective annually

from 6 a.m. until 9 a.m. on the first

Sunday after July 4th. The safety zone

prevents vessels from transiting a

portion of the Hudson River. It is

needed to protect swimmers and boaters

from the hazards associated with 500

swimmers competing in a confined area

of the Hudson River. Recreational

vessels can still transit to the east of the

zone during the event and will not be

precluded from mooring at or getting

underway from recreational piers in the

vicinity of the zone. Commercial vessels

will be precluded from transiting the

area because the safety zone

encompasses about 800 yards of

Barrytown Reach and there is no viable

alternative route. No vessel may enter

the safety zone without permission from

the Captain of the Port, New York.

Special Local Regulations have been

published for this event in 33 CFR

100.121 for 7 a.m. to 9 a.m. on the same

date. The location of this event was

moved 3.5 nautical miles north in the

summer of 2000 to the new location in

the northern area of Barrytown Reach. A

Temporary final rule was required for

the 2000 event. This new location

encompasses about 800 yards of

Barrytown Reach and is about 1,000

yards smaller than the permanent area

in 33 CFR 100.121.

This safety zone covers the minimum

area needed and imposes the minimum

restrictions necessary to ensure the

protection of all swimmers and vessels.

Public notifications will be made prior

to the event via the Local Notice to

Mariners.