32748 Federal Register / Vol. 66, No. 117 / Monday, June 18, 2001 / Rules and Regulations

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 safety that may

disproportionately affect children.

Environment

The Coast Guard has considered the

environmental impact of this action and

has determined under figure 2–1,

paragraph 32(e) of Commandant

Instruction M16475.1C, that this rule is

categorically excluded from further

environmental documentation.

Indian Tribal Governments

This rule does not have tribal

implications under Executive Order

13175, Consultation and Coordination

with Indian Tribal Governments,

because it does not have a 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.

For the reasons discussed 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 12:01 a.m. on May 29 until

11:59 p.m. on September 3, 2001, in

§ 117.261, temporarily suspend

paragraph (s) and add temporary

paragraph (ww) to read as follows:

§ 117.261 Atlantic Intracoastal Waterway

from St. Mary’s River to Key Largo.

* * * * *

(ww)(1) From May 29, 2001 until July

16, 2001 and from August 11, 2001 until

September 3, 2001, the draw of the PGA

Boulevard Bridge shall open a single

leaf on signal; except that from 7 a.m.

to 7 p.m., Monday through Friday

except Federal holidays, the draw need

open only a single leaf on the quarterhour and three-quarter hour. A double

leaf opening will be available if at least

8 hours notice is provided to the bridge

tender.

On Saturdays, Sundays and Federal

holidays from 8 a.m. to 6 p.m., both

draws need open only on the hour, 20

minutes after the hour, and 40 minutes

after the hour. The draw shall open as

soon as possible for the passage of

public vessels of the United States and

vessels in distress.

(2) From July 16 to August 10, 2001,

the draw of the PGA Boulevard Bridge

will only provide single leaf openings

on the quarter hour and three-quarter

hour.

Dated: May 29, 2001.

T.W. Allen,

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

Seventh Coast Guard District.

[FR Doc. 01–15277 Filed 6–15–01; 8:45 am]

BILLING CODE 4910–15–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD09–01–008]

RIN–2115–AE47

Drawbridge Operation Regulations;

Cheboygan River, MI

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: The Coast Guard is revising

the operating regulation governing the

U.S. 23 bridge at mile 0.9 over

Cheboygan River in Cheboygan,

Michigan. This rule revises the advance

notice requirement for vessels during

winter months. Vessels are required to

provide 12-hour advance notice

between December 15 and March 31

each year.

DATES: This rule is effective July 18,

2001.

ADDRESSES: Comments and material

received from the public, as well as all

material in the docket CGD09–01–008,

are available for inspection or copying

at the office of Commander (obr), Ninth

Coast Guard District, 1240 East Ninth

Street, Room 2019, Cleveland, OH

44199–2060 between 6:30 a.m. and 3

p.m., Monday through Friday, except

Federal holidays. The telephone number

is (216) 902–6084.

FOR FURTHER INFORMATION CONTACT: Mr.

Scot M. Striffler, Project Manager, Ninth

Coast Guard District Bridge Branch, at

(216) 902–6084.

SUPPLEMENTARY INFORMATION:

Regulatory Information

On March 28, 2001, the Coast Guard

published a notice of proposed

rulemaking (NPRM) concerning the

drawbridge regulation in the Federal

Register (66 FR 16895). We received no

comments concerning the proposed

rule. No public hearing was requested

and none was held.

Background and Purpose

The owner of the U.S. 23 bridge,

Michigan Department of Transportation

(MDOT), requested the Coast Guard

approve a modified schedule for the

winter operations of the bridge. The

current regulation contained in 33 CFR

117.627 requires the bridge to open if at

least 24 hours notice is provided

between December 15 and March 15

each year. Records submitted by MDOT

showed no requested bridge openings

between March 15 and April 1 in 1998,

1999, and 2000. We determined that it

would be reasonable to revise the date

in spring that the bridge is required to

be manned from March 15 to March 31.

However, the 24-hour advance notice

requirement was determined to be

inconsistent with standard times in the

Great Lakes and would not serve the

reasonable needs of known navigation.

Therefore, the revised schedule was

developed to reflect the established

times of need for vessels and provide an

advance notice requirement that is

consistent with seamanship practices on

the Great Lakes. The revised schedule

will require vessels provide at least 12-

hours advance notice prior to intended

time of passing between December 15

and March 31. The current regulation

requires the bridge to open as soon as

possible at all times for commercial

vessels and vessels used for public

safety. There is no revision to that

requirement in this rule. This schedule

is believed to provide a reasonable

balance between the needs of the owner

of the bridge to eliminate costs for

tender service during periods of no

Federal Register / Vol. 66, No. 117 / Monday, June 18, 2001 / Rules and Regulations 32749

vessel activity, and all known

navigation that may require openings of

the drawbridge in early spring each

year.

Discussion of Comments and Changes

The Coast Guard received no

comments to the notice of proposed

rulemaking. No changes will be made to

this 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). The

Coast Guard expects the economic

impact of this rule to be so minimal that

a full Regulatory Evaluation under

paragraph 10e of the regulatory policies

and procedures of DOT is unnecessary.

This determination is based on the

relatively minor adjustment to the

operating schedule near the end of the

winter navigation season, the only

documented vessel that would require

openings has been identified and

accommodated, and the bridge would

still open for vessels once the advance

notice is provided.

Small Entities

Under the Regulatory Flexibility Act

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

must consider whether this rule will

have a significant impact on a

substantial number of small entities.

‘‘Small entities’’ may include small

businesses and 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 people.

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.

The 12-hour advance notice

requirement during winter months is a

standard practice on the Great Lakes

and still provides for bridge openings

with advance notice from vessel

operators. No identified entities would

be unable to pass the bridge, as needed.

Collection of Information

This rule calls for no new collection

of information requirement under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

Federalism

The Coast Guard has analyzed this

rule under the principles and criteria

contained in Executive Order 13132,

and determined that this rule does not

have federalism implications 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 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 34(g) of Commandant

Instruction M16475.lC, this rule is

categorically excluded from further

environmental documentation. This rule

changes a drawbridge regulation which

has been found not to have a significant

effect on the environment. A

‘‘Categorical Exclusion Determination’’

is not required.

Indian Tribal Governments

This rule does not have tribal

implications under Executive Order

13175, Consultation and Coordination

with Indian Tribal Governments,

because it does not have a 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.

Energy Effects

We have analyzed this proposed rule

under Executive Order 13211, Actions

Concerning Regulations That

Significantly Affect Energy Supply,

Distribution, or Use. We have

determined that it is not a ‘‘significant

energy action’’ under that order because

it is not a ‘‘significant regulatory action’’

under Executive Order 12866 and is not

likely to have a significant adverse effect

on the supply, distribution, or use of

energy. It has not been designated by the

Administrator of the Office of

Information and Regulatory Affairs as a

significant energy action. Therefore, it

does not require a Statement of Energy

Effects under Executive Order 13211.

List of Subjects in 33 CFR Part 117

Bridges.

For reasons set out in the preamble,

the Coast Guard revises 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. In § 117.627 revise paragraphs (a),

(b), and (c) to read as follows:

§ 117.627 Cheboygan River.

* * * * *

(a) From April 1 through May 15 and

from September 16 through December

14, the draw shall open on signal.

(b) From May 16 through September

15—

(1) Between the hours of 6 p.m. and

6 a.m., seven days a week, the draw

shall open on signal.

(2) Between the hours of 6 a.m. and

6 p.m., seven days a week, the draw

need open only from three minutes

before to three minutes after the quarterhour and three-quarter hour.

(c) From December 15 through March

31, no bridgetender is required to be at

the bridge and the draw need not open

unless a request to open the draw is

given at least 12-hours in advance of a

vessels intended time of passage

through the draw.

* * * * *

32750 Federal Register / Vol. 66, No. 117 / Monday, June 18, 2001 / Rules and Regulations

Dated: June 1, 2001.

James D. Hull,

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

Ninth Coast Guard District.

[FR Doc. 01–15276 Filed 6–15–01; 8:45 am]

BILLING CODE 4910–15–U

DEPARTMENT OF AGRICULTURE

Forest Service

36 CFR Part 242

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 100

Subsistence Management Regulations

for Public Lands in Alaska, Subpart D;

Emergency Closures and

Adjustments—Kuskokwim and Yukon

River Drainages

AGENCIES: Forest Service, USDA; Fish

and Wildlife Service, Interior.

ACTION: Emergency closures and

adjustments.

SUMMARY: This provides notice of the

Federal Subsistence Board’s emergency

closures to protect chinook and chum

salmon escapement in the Kuskokwim

River drainage and chinook and

summer-run chum salmon escapement

in the Yukon River drainage. The Board

included authority for the Federal inseason managers to lift these restrictions

if salmon run strengths are higher than

predicted and conservation and

subsistence needs are likely to be met.

This also provides notice of the Board’s

action to remove an unneeded

requirement for the removal of the

dorsal fin of chinook taken for

subsistence purposes in a portion of the

Yukon River. This regulatory

adjustment and the closures provide an

exception to the Subsistence

Management Regulations for Public

Lands in Alaska, published in the

Federal Register on February 13, 2001.

Those regulations established seasons,

harvest limits, methods, and means

relating to the taking of fish and

shellfish for subsistence uses during the

2001 regulatory year.

DATES: The Kuskokwim River drainage

closure and the Yukon River drainage

regulatory adjustment and closure are

effective June 1, 2001, through July 30,

2001.

FOR FURTHER INFORMATION CONTACT:

Thomas H. Boyd, Office of Subsistence

Management, U.S. Fish and Wildlife

Service, telephone (907) 786–3888. For

questions specific to National Forest

System lands, contact Ken Thompson,

Subsistence Program Manager, USDA—

Forest Service, Alaska Region,

telephone (907) 786–3592.

SUPPLEMENTARY INFORMATION:

Background

Title VIII of the Alaska National

Interest Lands Conservation Act

(ANILCA) (16 U.S.C. 3111–3126)

requires that the Secretary of the Interior

and the Secretary of Agriculture

(Secretaries) implement a joint program

to grant a preference for subsistence

uses of fish and wildlife resources on

public lands in Alaska, unless the State

of Alaska enacts and implements laws

of general applicability that are

consistent with ANILCA and that

provide for the subsistence definition,

preference, and participation specified

in Sections 803, 804, and 805 of

ANILCA. In December 1989, the Alaska

Supreme Court ruled that the rural

preference in the State subsistence

statute violated the Alaska Constitution

and, therefore, negated State compliance

with ANILCA.

The Department of the Interior and

the Department of Agriculture

(Departments) assumed, on July 1, 1990,

responsibility for implementation of

Title VIII of ANILCA on public lands.

The Departments administer Title VIII

through regulations at Title 50, Part 100

and Title 36, Part 242 of the Code of

Federal Regulations (CFR). Consistent

with Subparts A, B, and C of these

regulations, as revised January 8, 1999,

(64 FR 1276), the Departments

established a Federal Subsistence Board

to administer the Federal Subsistence

Management Program. The Board’s

composition includes a Chair appointed

by the Secretary of the Interior with

concurrence of the Secretary of

Agriculture; the Alaska Regional

Director, U.S. Fish and Wildlife Service;

the Alaska Regional Director, National

Park Service; the Alaska State Director,

Bureau of Land Management; the Alaska

Regional Director, Bureau of Indian

Affairs; and the Alaska Regional

Forester, USDA Forest Service. Through

the Board, these agencies participate in

the development of regulations for

Subparts A, B, and C, which establish

the program structure and determine

which Alaska residents are eligible to

take specific species for subsistence

uses, and the annual Subpart D

regulations, which establish seasons,

harvest limits, and methods and means

for subsistence take of species in

specific areas. Subpart D regulations for

the 2001 fishing seasons, harvest limits,

and methods and means were published

on February 13, 2001, (66 FR 10142).

Because this rule relates to public lands

managed by an agency or agencies in

both the Departments of Agriculture and

the Interior, identical closures and

adjustments would apply to 36 CFR part

242 and 50 CFR part 100.

The Alaska Department of Fish and

Game (ADF&G), under the direction of

the Alaska Board of Fisheries (BOF),

manages sport, commercial, personal

use, and State subsistence harvest on all

lands and waters throughout Alaska.

However, on Federal lands and waters,

the Federal Subsistence Board

implements a subsistence priority for

rural residents as provided by Title VIII

of ANILCA. In providing this priority,

the Board may, when necessary,

preempt State harvest regulations for

fish or wildlife on Federal lands and

waters.

These emergency closures and

adjustments are necessary because of

predictions of extremely weak returns of

chinook and chum salmon in the

Kuskokwim River drainage and of

chinook and summer-run chum salmon

in the Yukon River drainage. These

emergency actions are authorized and in

accordance with 50 CFR 100.19(d) and

36 CFR 242.19(d).

Kuskokwim River Drainage

The Federal Subsistence Board,

ADF&G, and subsistence users are

concerned that not enough chinook and

chum salmon will be returning to the

Kuskokwim River and its tributaries in

2001 to meet spawning escapement

objectives or subsistence needs.

Adequate spawning escapement is

necessary to assure sustaining the

population. Last year, subsistence

salmon harvests in the Kuskokwim

River were among the lowest in the past

12 years. Returns of chinook and chum

salmon have been extremely poor over

the last three years. The expected low

runs and poor spawning escapements in

2001 could jeopardize the viability of

future returns. Federal and State

Biologists anticipate that the 2001

salmon returns will be critically low,

and subsistence needs in some areas

may not be met.

The BOF met in January, 2001 to

review the status of salmon returns on

the Kuskokwim River and identified

Kuskokwim River chinook and chum

salmon as stocks of concern. The BOF

then took action to establish a salmon

rebuilding plan for the Kuskokwim

River. In addition, ADF&G has indicated

that no commercial fishing periods are

being considered for June and July for

the Kuskokwim River, that they intend

to limit the sport fishery to one salmon

per person per day, and that they may

close the sport fishery for salmon in the