33470 Federal Register / Vol. 66, No. 121 / Friday, June 22, 2001 / Rules and Regulations

rulemaking. If the rule would affect your

small business, organization, or

governmental jurisdiction and you have

questions concerning its provisions or

options for compliance, please contact

the address listed under ADDRESSES.

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.

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

and direct effect on one or more Indian

tribes, on the relationship between the

Federal Governments and Indian tribes,

or on the distribution of power and

responsibilities between the Federal

Government and Indian tribes.

Energy Effects

We have analyzed this 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

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 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

We considered the environmental

impact of this rule and concluded that,

under figure 2–1, paragraph (34)(h), of

Commandant Instruction M16475.1C,

this rule is categorically excluded from

further environmental documentation.

Special local regulations issued in

conjunction with a regatta or marine

parade are specifically excluded from

further analysis and documentation

under that section. A ‘‘Categorical

Exclusion Determination’’ is available in

the docket where indicated under

ADDRESSES.

List of Subjects in 33 CFR Part 100

Marine safety, Navigation (water),

Reporting and recordkeeping

requirements, Waterways.

For the reasons discussed in the

preamble, the Coast Guard amends 33

CFR Part 100 as follows:

PART 100—MARINE EVENTS

1. The authority citation for Part 100

continues to read as follows:

Authority: 33 U.S.C. 1233 through 1236; 49

CFR 1.46; 33 CFR 100.35.

2. A temporary section, § 100.35–T05–

027 is added to read as follows:

§ 100.35–T05–027 Inner Harbor, Patapsco

River, Baltimore, Maryland.

(a) Regulated Area. The waters of the

Inner Harbor, Patapsco River enclosed

within the arc of a circle with a radius

of 140° and its center located at latitude

39°17′00′′ N, longitude 076°36′30′′ W.

All coordinates reference Datum NAD

1983.

(b) Coast Guard Patrol Commander.

The Coast Guard Patrol Commander is

a commissioned, warrant, or petty

officer of the Coast Guard who has been

designated by the Commander, Coast

Guard Activities Baltimore.

(c) Special Local Regulations:

(1) Except for persons or vessels

authorized by the Coast Guard Patrol

Commander, no person or vessel may

enter or remain in the regulated area.

(2) The operator of any vessel in the

regulated area shall:

(i) Stop the vessel immediately when

directed to do so by any official patrol,

including any commissioned, warrant,

or petty officer on board a vessel

displaying a Coast Guard ensign.

(ii) Proceed as directed by any official

patrol, including any commissioned,

warrant, or petty officer on board a

vessel displaying a Coast Guard ensign.

(d) Effective Dates. This section is

effective from 9:45 p.m. to 10:30 p.m.

eastern time on June 23, 2001.

Dated: June 15, 2001.

T.C. Paar,

Captain, U.S. Coast Guard, Acting

Commander, Fifth Coast Guard District.

[FR Doc. 01–15840 Filed 6–21–01; 8:45 am]

BILLING CODE 4910–15–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD05–01–018]

RIN 2115–AE47

Drawbridge Operation Regulations;

Mullica River

AGENCY: Coast Guard, DOT.

ACTION: Notice of temporary deviation

from regulations.

SUMMARY: The Commander, Fifth Coast

Guard District has approved a

temporary deviation from the

regulations governing the operation of

the Green Bank Drawbridge across the

Mullica River, mile 18.0, Green Bank,

New Jersey. The bridge owner may close

the draw for needed repairs with limited

vertical navigation clearance beneath

the bridge, starting June 18, 2001,

through June 27, 2001, working nights if

Federal Register / Vol. 66, No. 121 / Friday, June 22, 2001 / Rules and Regulations 33471

required. This deviation to the

regulation is necessary to allow the

contractor to repair the superstructure

and the bascule.

DATES: This deviation is effective from

June 18, 2001 through June 27, 2001.

FOR FURTHER INFORMATION CONTACT: Ann

B. Deaton, Bridge Administrator, Fifth

Coast Guard District, Bridge Section at

(757) 398–6222.

SUPPLEMENTARY INFORMATION: IEW

Construction Group, a contractor for the

New Jersey Department of

Transportation requested the Coast

Guard to approve a temporary deviation

from the normal operation of the bridge

in order to accommodate repairs. The

repairs involve refurbishing the

superstructure with extensive repairs to

the bascule. Presently, the draw is

required to operate under the operating

regulations in 33 CFR 117.731a. To

facilitate the repair of the bascule span,

it will remain in the closed position

during the period this deviation is in

effect.

In accordance with 33 CFR 117.35,

the District Commander granted a

temporary deviation from the governing

regulations in a letter dated May 17,

2001. A Local Notice to Mariners and a

Broadcast Notice were sent out, so

marine vessels could arrange their

transits to minimize any impacts caused

by the temporary deviation.

The temporary deviation allows the

Green Bank Drawbridge across the

Mullica River, mile 18.0, in Green Bank,

New Jersey to remain closed for 10

consecutive days beginning June 18,

2001 through June 27, 2001.

Dated: June 11, 2001.

John E. Shkor,

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

Fifth Coast Guard District.

[FR Doc. 01–15659 Filed 6–21–01; 8:45 am]

BILLING CODE 4910–15–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD08–01–007]

RIN 2115–AE47

Drawbridge Operating Regulation;

Ouachita River, LA

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: The Coast Guard is removing

the temporary operating regulation for

the Kansas City Southern Railroad

swing span bridge across the Ouachita

River, mile 167.1, at Monroe, Ouachita

Parish, Louisiana. This temporary rule

allowed for the passage of vessels from

June 4, 2001, through November 15,

2001, during the morning hours with

proper advance notice. This rule is not

needed as the bridge owner has decided

to indefinitely postpone the repair

activities scheduled during this time

period.

DATES: This rule is effective June 22,

2001.

ADDRESSES: Documents referred to in

this rule are available for inspection or

copying at the office of the Eighth Coast

Guard District, Bridge Administration

Branch, Hale Boggs Federal Building,

Room 1313, 501 Magazine Street, New

Orleans, Louisiana 70130–3396 between

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

Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr.

David Frank, Bridge Administration

Branch, Commander (obc), Eighth Coast

Guard District, 501 Magazine Street,

New Orleans, Louisiana, 70130–3396,

telephone number 504–589–2965.

SUPPLEMENTARY INFORMATION:

Regulatory Information

On May 8, 2001, we published a

temporary final rule entitled Drawbridge

Operating Regulation; Ouachita River,

Louisiana, in the Federal Register (66

FR 23159). The temporary final rule

changed the operating schedule of the

Kansas City Southern Railroad swing

span bridge, mile 167.1, at Monroe, to

allow for repairs from June 4, 2001,

through November 15, 2001.

Background and Purpose

On May 10, 2001, following

publication of the temporary final rule,

the bridge owner informed our office

that following a lengthy meeting

between the bridge owner, the

prospective contractor, and the

Engineers, it was determined that the

river stage was too high to guarantee

project completion before the Railroad’s

fall deadline to restore uninterrupted

train service. The bridge owner

requested that we cancel the published

rule. The bridge owner plans to develop

plans to temporarily modify the existing

bridge to assure that the bridge

functions adequately until such time as

the pier replacement project can be

implemented.

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).

We expect the economic impact of

this rule to be so minimal that a full

Regulatory Evaluation under paragraph

10(e) of the regulatory policies and

procedures of DOT is unnecessary.

This rule returns the bridge status to

the requirement to open on signal for

the passage of vessels.

Small Entities

Under the Regulatory Flexibility Act

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

considers whether this 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 5

U.S.C. 605(b) that this rule would not

have a significant economic impact on

a substantial number of small entities.

Assistance for Small Entities

Under the 213(a) of the Small

Business Regulatory Enforcement

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

we want to assist small entities in

understanding the rule so that they can

better evaluate its effects on them and

participate in the rulemaking process.

Collection of Information

This 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 rule under

Executive Order 13132 and have

determined that this rule would 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 rule

would not impose an unfunded

mandate.