29480 Federal Register / Vol. 66, No. 105 / Thursday, May 31, 2001 / Rules and Regulations

Subpart C—Approved American

Viticultural Areas

§ 9.162 Santa Rita Hills.

(a) Name. The name of the viticultural

area described in this section is ‘‘Santa

Rita Hills.’’

(b) Approved maps. The appropriate

maps for determining the boundary of

the Santa Rita Hills viticultural area are

five (5) U.S.G.S. Quadrangle 7.5 Minute

Series maps titled:

(1) ‘‘Lompoc, Calif.,’’ edition of 1959

(photorevised in 1982).

(2) ‘‘Lompoc Hills, Calif.,’’ edition of

1959 (photoinspected 1971).

(3) ‘‘Los Alamos, Calif.,’’ edition of

1959.

(4) ‘‘Santa Rosa Hills, Calif.,’’ edition

of 1959 (photoinspected 1978).

(5) ‘‘Solvang, Calif.,’’ edition of 1959

(photorevised 1982).

(c) Boundary. The ‘‘Santa Rita Hills’’

viticultural area is located within Santa

Barbara County, California. The

boundary is as follows:

(1) The beginning point is found on

the Solvang, California U.S.G.S.

Quadrangle map at an unnamed hilltop,

elevation 1600 feet, in section 27, T.6N,

R. 32W, on the Solvang, Calif.,

Quadrangle U.S.G.S. map.

(2) Then proceed north and slightly

west 2.3 miles to an unnamed hilltop

elevation 1174 feet, Section 15, T.6N., R.

32W.

(3) Proceed west and slightly north

1.85 miles to an unnamed hilltop

elevation 899 feet within the heart of the

Santa Rosa Land Grant, T.7N., R. 32W,

on the Santa Rosa Hills, Calif.,

Quadrangle U.S.G.S. map.

(4) Proceed north approximately 2

miles to an unnamed hilltop elevation

1063 feet within the northeastern part of

the Santa Rosa Land Grant, T.7N, R.

32W, on the Los Alamos, Calif.,

Quadrangle U.S.G.S. map.

(5) Proceed northwest 1.1 miles to an

unnamed hilltop elevation 961 feet.

Section 29, T.7N., R. 32W.

(6) Proceed north and slightly east 1.1

miles to an unnamed elevation 1443

feet. Section 20, T. 7N., R. 32W.

(7) Proceed west 1.4 miles to an

unnamed hilltop elevation 1479 feet.

Section 24, T.7N., R. 33W.

(8) Proceed north 1.2 miles to an

unnamed hilltop elevation 1705 feet.

Section 13, T.7N., R. 33W.

(9) Proceed northwest approximately

2 miles to an unnamed hilltop elevation

1543. Section 10, T.7N., R. 33W.

(10) Proceed west and slightly south

1.6 miles to an unnamed hilltop

elevation 935 feet within the northern

section of the Santa Rosa Land Grant.

T.7N., R. 33W.

(11) Proceed south by southwest 1.5

miles to an unnamed hilltop elevation

605 feet in the northern section of the

Santa Rosa Land Grant. T.7N., R. 33W.

(12) Proceed west by southwest

approximately 2 miles to the point

where California Highway 246 intersects

with the 200-foot elevation contour line

comprising the western border of the

Santa Rita Hills, within the Santa Rosa

Land Grant. T.7N., R. 34W, on the

Lompoc, Calif., Quadrangle U.S.G.S.

map.

(13) Proceed following the 200 foot

elevation contour line south along the

western border of the Santa Rita Hills to

the extreme southern tip of the 200 foot

elevation contour that is .6 miles due

west of an unnamed hilltop 361 feet in

elevation in the Canada de Salispuedes

Land Grant. T.6N., R. 34W.

(14) Proceed southeast 2.35 miles to

an unnamed hilltop elevation 1070 feet.

Section 18, T.6N., R. 33W, on the

Lompoc Hills, Calif., Quadrangle

U.S.G.S. map.

(15) Proceed east and slightly south

1.95 miles to an unnamed hilltop

elevation 921 feet. Section 16, T.6N., R.

33W, on the Santa Rosa Hills, Calif.,

Quadrangle U.S.G.S. map.

(16) Proceed east by southeast 1.35

miles to an unnamed hilltop elevation

1307 feet at intersection between

Sections 22 and 23. T.6N., R. 33W.

(17) Proceed east 2.35 miles to an

unnamed hilltop elevation 1507 feet in

the southern area of the Santa Rosa

Land Grant. T.6N., 32W.

(18) Proceed east by southeast 2.1

miles to an unnamed hilltop elevation

1279 feet in the southern area of the

Santa Rosa Land Grant. T.6N., 32W.

(19) Then proceed east by southeast

1.45 miles to the point of the beginning.

Signed: May 25, 2001.

Bradley A. Buckles,

Director.

Timothy E. Skud,

Acting Deputy Assistant Secretary,

(Regulatory, Tariff and Trade Enforcement).

[FR Doc. 01–13645 Filed 5–30–01; 8:45 am]

BILLING CODE 4810–31–P

DEPARTMENT OF THE TREASURY

Bureau of Alcohol, Tobacco and

Firearms

27 CFR Parts 18, 19 and 24

[T.D. ATF–455; Ref: Notice No. 823]

RIN 1512–AB59

Volatile Fruit-Flavor Concentrate

Shipments and Alternation With Other

Premises (2000R–290P)

AGENCY: Bureau of Alcohol, Tobacco

and Firearms (ATF), Department of the

Treasury.

ACTION: Final rule (Treasury decision).

SUMMARY: This final rule specifically

authorizes the transfer of volatile fruitflavor concentrate (VFFC) unfit for

beverage use from one VFFC plant to

another for further processing and

permits facilities to be alternately used

as a VFFC plant, a distilled spirits plant

or a bonded wine cellar. This rule

allows greater flexibility in the

production processes and in the

equipment and facilities of VFFC plants.

DATES: Effective date: May 31, 2001.

FOR FURTHER INFORMATION CONTACT:

Robert P. Ruhf, Regulations Division,

650 Massachusetts Avenue, NW,

Washington, DC 20226; (202) 927–8210;

or alctob@atfhq.atf.treas.gov.

SUPPLEMENTARY INFORMATION:

Background

Previously, ATF received a request to

vary from the regulations in 27 CFR part

18, Production of Volatile Fruit Flavor

Concentrate. This request was to allow

the transfer of volatile fruit-flavor

concentrate (VFFC) that is unfit for

beverage use for further processing from

one proprietor of a volatile fruit

concentrate plant to another. The

current regulation regarding transfer of

volatile fruit-flavor concentrate (27 CFR

18.54(a)) does not provide for such a

transfer.

Another current regulation (27 CFR

18.51) allows the transfer to a

producer’s premises of ‘‘processing

material’’ that is produced elsewhere

subject to certain restrictions and

recordkeeping requirements. However,

the definition of ‘‘processing material’’

(27 CFR 18.11) does not include

concentrate that is intended for further

processing. Furthermore, the regulation

at 27 CFR 18.56 allows only a VFFC

proprietor to receive shipments of

returned concentrate previously

shipped by such proprietor.

Consequently, ATF proposed to

amend the regulations in 27 CFR 18.56

to allow such transfers subject to the

Federal Register / Vol. 66, No. 105 / Thursday, May 31, 2001 / Rules and Regulations 29481

existing recordkeeping and reporting

requirements of 27 CFR 18.56 (Notice

No. 823, 61 FR 30017). At this time,

ATF also solicited comments

concerning other changes to part 18.

Specifically, ATF requested comments

about whether to allow facilities to be

operated alternately as a VFFC plant, a

distilled spirits plant, a bonded winery

or other regulated facility.

Transfer of Concentrate

ATF is adopting the proposed

regulations to allow VFFC proprietors to

transfer, for further processing, volatile

fruit-flavor concentrate that is unfit for

beverage use. This change in the

regulations allows VFFC proprietors

greater flexibility without jeopardizing

the revenue.

Alternation of VFFC Premises

In response to our request for other

possible changes in Notice 823 (61 FR

30017), Distilled Spirits Council of the

United States (DISCUS) supported the

proposal for temporarily alternating

VFFC plant with a distilled spirits plant,

bonded wine cellar or other regulated

facility. As a result, we have written

regulations to allow facilities to be

operated alternately as a VFFC plant, a

distilled spirits plant, or a bonded wine

cellar. We believe that limiting

alternations between a VFFC and a

distilled spirits plant or a bonded

winery should address the present

needs of all proprietors. However, ATF

will consider any future request to

alternate a VFFC plant with other

regulated facilities.

In addition, DISCUS recommended

that the Bureau ‘‘streamline’’ the

evidence required for such alternations

by using batch records. Under the

provisions of the Internal Revenue Code

(IRC), each type of regulated operation

(for example, a distilled spirits plant,

bonded wine cellar or volatile fruitflavor concentrate plant) is subject to

separate and distinct regulatory

requirements. These regulatory

requirements have been tailored to the

particular operation being conducted in

order to protect the revenue. Where

particular premises are being alternated,

ATF has found that the notice of

alternation of premises is necessary to

protect the revenue and is not unduly

burdensome on businesses. The notice

identifies the portion of the premises

being alternated and identifies the

operations that will occur and the

specific time during which they will

occur. Without this information, ATF

would, at best, have difficulty in

determining which type of operation

was occurring at any particular place or

time. Also, batch records would not

necessarily allow ATF to verify records,

reports, tax returns, and bonds that are

required to be filed under the IRC

regulations, thus presenting a jeopardy

to the revenue. Accordingly, ATF

opposes the use of batch records to

evidence alternation of premises.

Regulatory Flexibility Act

In accordance with the provisions of

the Regulatory Flexibility Act (5 U.S.C.

601 et seq.), it is hereby certified that

this final rule will not have a significant

impact on a substantial number of small

entities. This final rule liberalizes the

regulations related to volatile fruitflavor concentrate plants. Accordingly, a

regulatory flexibility analysis is not

required. As required by 26 U.S.C.

7805(f), a copy of this final rule was sent

to the Chief Counsel for Advocacy of the

Small Business Administration. No

comments were received.

Executive Order 12866

It has been determined that this final

rule is not a significant regulatory action

as defined by Executive Order 12866.

Therefore, a regulatory assessment is not

required.

Paperwork Reduction Act

The collections of information

contained in this final rule have been

reviewed and approved under the

requirements of the Paperwork

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

3507(j)). The Office of Management and

Budget (OMB) has issued control

number 1512–0046 for this collection of

information. An agency may not

conduct or sponsor, and a person is not

required to respond to, a collection of

information unless it displays a valid

control number assigned by OMB.

The additional collection of

information in this regulation is in 27

CFR 18.39, 18.40 and 18.42. This

information is required to make sure

that a proprietor of a volatile fruit-flavor

concentrate plant is properly qualified

to alternate to a distilled spirits plant or

a bonded wine cellar, and to record

alternations of premises. ATF uses this

information to ensure that persons are

qualified and that operations are

conducted in accordance with law and

regulations. The collection of

information is mandatory. The likely

respondents may include small

businesses or organizations.

ATF estimates the burden of

qualification and recordkeeping at ten

(10) additional respondents and an

additional one hour per respondent.

ATF estimates that the total annual

reporting and/or recordkeeping burden

under control numbers 1512–0046 is 40

hours.

Administrative Procedure Act

This final rule relieves restrictions on

the operations of volatile fruit-flavor

concentrate plants by allowing certain

transfers of high-proof concentrate unfit

for beverage use and providing for the

alternation of VFFC plants with distilled

spirits plants or bonded wine cellars.

Consequently, it is exempt from the

delayed effective date provisions of 5

U.S.C. 553(d).

Drafting Information

The principal author of this document

is Robert Ruhf, Regulations Division,

Bureau of Alcohol, Tobacco and

Firearms.

List of Subjects

27 CFR Part 18

Alcohol and alcoholic beverages,

Fruits, Labeling, Reporting and

recordkeeping requirements, Spices and

flavorings.

27 CFR Part 19

Administrative practice and

procedure, Authority delegations

(Government agencies), Chemicals,

Claims, Custom duties and inspection,

Electronic fund transfers, Excise taxes,

Exports, Gasohol, Imports, Labeling,

Liquors, Packaging and containers,

Reporting and recordkeeping

requirements, Research, Scientific

equipment, Security measures, Spices

and flavorings, Surety bonds,

Transportation, Warehouses, Wine.

27 CFR Part 24

Administrative practice and

procedure, Authority delegations

(Government agencies), Claims,

Electronic fund transfers, Excise taxes,

Exports, Food additives, Fruit juices,

Labeling, Liquors, Packaging and

containers, Reporting and recordkeeping

requirements, Research, Scientific

equipment, Spices and flavorings,

Surety bonds, Taxpaid wine bottling

house, Transportation, Vinegar,

Warehouses, Wine.

Authority and Issuance

For the reasons set out in the

preamble, 27 CFR Parts 18, 19 and 24

are amended as follows:

PART 18—PRODUCTION OF

VOLATILE FRUIT-FLAVOR

CONCENTRATE

Paragraph 1. The authority citation

for part 18 is revised to read as follows:

Authority: 26 U.S.C. 5001, 5171–5173,

5178, 5179, 5203, 5351, 5354, 5356, 5511,

5552, 6065, 7805.

29482 Federal Register / Vol. 66, No. 105 / Thursday, May 31, 2001 / Rules and Regulations

Par. 2. Section 18.11 is amended by

adding the term ‘‘distilled spirits plant’’

in alphabetical order as follows:

§ 18.11 Meaning of terms.

* * * * *

Distilled spirits plant. An

establishment qualified under 27 CFR

part 19, excluding alcohol fuel plants,

for producing, warehousing, or

processing distilled spirits (including

denatured distilled spirits).

* * * * *

Par. 3. A new section 18.39 is added

before the heading ‘‘Subpart E—

Operations’’ to read as follows:

§ 18.39 Qualification to alternate a volatile

fruit-flavor concentrate plant and a distilled

spirits plant.

A proprietor of a volatile fruit-flavor

concentrate plant operating a

contiguous distilled spirits plant may

alternate the use of such premises

between the two functions through

extension and curtailment by filing with

the appropriate ATF officer the

following information:

(a) ATF Form 27–G (5520.3) and ATF

Form 5110.41 to cover the proposed

alternation of premises;

(b) A special diagram, in duplicate,

delineating the premises as they will

exist, both during extension and

curtailment and clearly depicting all

buildings, floors, rooms, areas,

equipment and pipe lines (identified

individually by letter or number) which

are to be subject to alternation, in their

relative operating sequence; and

(c) A bond or a consent of surety to

cover the proposed alternation of

premises.

(Approved by the Office of Management and

Budget under control number 1512–0046)

Par. 4. A new section 18.40 is added

before the heading ‘‘Subpart E—

Operations’’ to read as follows:

§ 18.40 Qualification to alternate volatile

fruit-flavor concentrate plant and bonded

wine cellar.

A proprietor of a volatile fruit-flavor

concentrate plant operating a

contiguous bonded wine cellar may

alternate the use of each premise by

extension and curtailment by filing with

the appropriate ATF officer the

following information:

(a) ATF Form 27–G (5520.3) and ATF

Form 5120.25 to cover the proposed

alternation of premises;

(b) A special diagram, in duplicate,

delineating the premises as they will

exist, both during extension and

curtailment and clearly depicting all

buildings, floors, rooms, areas,

equipment and pipe lines (identified

individually by letter or number) which

are to be subject to alternation, in their

relative operating sequence; and

(c) A bond or a consent of surety to

cover the proposed alternation of

premises.

(Approved by the Office of Management and

Budget under control number 1512–0046)

Par. 5. A new section 18.41 is added

before the heading ‘‘Subpart E—

Operations’’ to read as follows:

§ 18.41 Separation of premises.

The appropriate ATF officer may

specify additional means of separating

the volatile fruit-flavor concentrate

plant from a distilled spirits plant or

bonded wine cellar premises.

Par. 6. A new section 18.42 is added

before the heading ‘‘Subpart E—

Operations’’ to read as follows:

§ 18.42 Record of alternation.

After approval of the qualifying

documents for the alternation of

premises, the proprietor must execute a

record each time that the premises are

alternated. The record will contain the

following information:

(a) Identification assigned by ATF,

including the plant or registry number,

of the volatile fruit-flavor concentrate

plant and the distilled spirits plant or

bonded wine cellar;

(b) Effective date and time of

proposed change; and

(c) Description of the alternation that

identifies the diagrams depicting the

premises before and after the

alternation.

(Approved by the Office of Management and

Budget under control number 1512–0046)

Par. 7. A new section 18.43 is added

in subpart D to read as follows:

§ 18.43 Conditions of Alternation.

(a) Curtailment of volatile fruit-flavor

concentrate plant. The proprietor must

remove all concentrate, fruit mash, and

juice from the volatile fruit-flavor

concentrate plant alternated to a

distilled spirits plant or to a bonded

wine cellar premises, unless such

concentrate, fruit mash, or juice is being

simultaneously transferred to the

distilled spirits plant or bonded wine

cellar premises.

(b) Extension of volatile fruit-flavor

concentrate premises and curtailment of

distilled spirits plant. The proprietor

must remove all spirits, denatured

spirits, articles and wine, except for

concentrate, fruit mash, or juice that is

being simultaneously transferred to the

volatile fruit-flavor concentrate plant.

(c) Extension of volatile fruit-flavor

concentrate premises and curtailment of

bonded wine cellar premises. The

proprietor must remove all wine and

spirits from the alternated bonded wine

cellar premises, except for concentrate,

fruit mash, or juice that is being

simultaneously transferred to the

volatile fruit-flavor concentrate plant.

Par. 8. Section 18.56 is revised to read

as follows:

§ 18.56 Receipt of concentrate.

(a) General. The proprietor of a

concentrate plant may accept the return

of concentrate that the proprietor

shipped. In addition, concentrate that is

unfit for beverage use may be received

from another concentrate plant for

further processing in accordance with

this part.

(b) Record of concentrate received.

When concentrate is received, the

proprietor must record the receipt,

including the name of the consignor and

a notation regarding any loss in transit

or other discrepancy.

(Approved by the Office of Management and

Budget under control number 1512–0098)

PART 19—DISTILLED SPIRITS

PLANTS

Par 9. The authority citation for part

19 continues to read as follows:

Authority: 19 U.S.C. 81c, 1311; 26 U.S.C.

5001, 5002, 5004–5006, 5008, 5010, 5041,

5061, 5062, 5066, 5081, 5101, 5111–5113,

5142, 5143, 5146, 5171–5173, 5175, 5176,

5178–5181, 5201–5204, 5206, 5207, 5211–

5215, 5221–5223, 5231, 5232, 5235, 5236,

5241–5243, 5271, 5273, 5301, 5311–5313,

5362, 5370, 5373, 5501–5505, 5551–5555,

5559, 5561, 5562, 5601, 5612, 5682, 6001,

6065, 6109, 6302, 6311, 6676, 6806, 7011,

7510, 7805; 31 U.S.C. 9301, 9303, 9304, 9306.

Par. 10. A new section 19.207 is

added before the undesignated center

heading of ‘‘Permanent Discontinuance

of Business’’ to read as follows:

§ 19.207 Alternate use of distilled spirits

plant and volatile fruit-flavor concentrate

premises.

If a proprietor of distilled spirits plant

wishes to use all or a portion of such

premises alternately as a volatile fruitflavor concentrate plant or vice-a-versa,

the proprietor must comply with the

requirements of §§ 18.39 and 18.41

through 18.43 of this title.

PART 24—WINE

Par. 11. The authority citation for part

24 continues to read as follows:

Authority: 5 U.S.C. 552(a); 26 U.S.C. 5001,

5008, 5041, 5042, 5044, 5061, 5062, 5081,

5111–5113, 5121, 5122, 5142, 5143, 5173,

5206, 5214, 5215, 5351, 5353, 5354, 5356,

5357, 5361, 5362, 5364–5373, 5381–5388,

5391, 5392, 5511, 5551, 5552, 5661, 5662,

5684, 6065, 6091, 6109, 6301, 6302, 6311,

6651, 6676, 7011, 7302, 7342, 7502, 7503,

7606, 7805, 7851; 31 U.S.C. 9301, 9303, 9304,

9306.

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.