Federal Register / Vol. 60, No. 39 / Tuesday, February 28, 1995 / Proposed Rules 10815

of 1994, 54 percent of the cocaine

hydrochloride exhibits received under

DEA’s solvent analysis program

contained MIBK. The recent increase in

the incidence of MIBK in seized cocaine

hydrochloride is consistent with the

timing of initial reports regarding its

illicit use.

Given these factors, DEA has

determined that the control of MIBK as

a List II Chemical is warranted. Since

the illicit use of MIBK for cocaine

processing occurs in Latin America, the

DEA proposes that MIBK shipments

exported from the U.S., shipments

transshipped or transferred through the

U.S., and international transactions in

which a U.S. broker or trader

participates, be considered regulated

transactions if destined for any country

in the Western Hemisphere (with the

exception of transactions destined for

Canada) 21 U.S.C. section

802(39)(A)(iii). In addition, the DEA

proposes that a threshold similar to that

of MEK be established for MIBK. DEA

proposes that a threshold of 500 gallons

(by volume) or 1523 kilograms (by

weight) be established for MIBK.

Therefore, this proposed action will

only effect (1) export transactions; (2)

international transactions in which a

U.S. broker or trader participates; and

(3) transshipments through the U.S.,

which are greater than 500 gallons or

1523 kilograms of MIBK destined for

designated countries. Import

transactions of MIBK into the U.S. (not

destined for transshipment or transfer to

designated countries), and domestic

transactions of MIBK are excluded from

the definitions of regulated transactions

contained in 21 CFR 1310.01(f) and

1313.02(d).

The Deputy Administrator hereby

certifies that this proposed rulemaking

will have no significant impact upon

entities whose interests must be

considered under the Regulatory

Flexibility Act, 5 U.S.C. 601 et seq. A

review of maritime shipments of MIBK

reveals that during a two year period,

there were less than 100 abovethreshold export transactions destined

for designated countries. This proposed

rule is not a significant regulatory action

and therefore has not been reviewed by

the Office of Management and Budget

pursuant to Executive Order 12866.

This action has been analyzed in

accordance with the principles and

criteria in E.O. 12612, and it has been

determined that the proposed rule does

not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

List of Subjects in 21 CFR Part 1310

Durg traffic control, reporting and

recordkeeping requirements.

For reasons set out above, it is

proposed that 21 CFR part 1310 be

amended as follows:

PART 1310—[AMENDED]

1. The authority citation for part 1310

continues to read as follows:

Authority: 21 U.S.C. 802, 830, 871(b).

2. Section 1310.02 is proposed to be

amended by adding a new paragraph

(b)(10) to read as follows:

§ 1310.02 Substances covered.

* * * * *

(b) * * *

(10) Methyl Isobutyl Ketone (MIBK)

* * * * *

3. Section 1310.04 is proposed to be

amended by adding new paragraph

(f)(2)(v) to read as follows:

§ 1310.04 Maintenance of records.

* * * * *

(f) * * *

(2) * * *

(v) Export and International

Transactions to Designated Countries,

and Importations for Transshipment or

Transfer to Designated Countries.

Chemical Treshold by volume Threshold by

weight

(A) Methyl Isobutyl Ketone (MIBK) .............................................................................................................. 500 gallons ............. 1523 kilograms.

(B) Reserved

4. Section 1310.08 is proposed to be

amended by adding new paragraphs (c),

(d) and (e) to read as follows:

§ 1310.08 Excluded transactions.

* * * * *

(c) Domestic transactions of Methyl

Isobutyl Ketone (MIBK).

(d) Import transactions of Methyl

Isobutyl Ketone (MIBK) destined for the

United States.

(e) Export transactions, international

transactions, and import transactions for

transshipment or transfer of Methyl

Isobutyl Ketone (MIBK) destined for

Canada or any country outside of the

Western Hemisphere.

Dated: February 16, 1995.

Stepehn G. Greene,

Deputy Administrator.

[FR Doc. 95–4795 Filed 2–27–95; 8:45 am]

BILLING CODE 4410–09–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01–95–008]

RIN 2115–AE47

Drawbridge Operation Regulations;

Apponagansett River, MA

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard is proposing

a change to the regulations governing

the Padanaram Bridge at mile 1.0 over

the Apponagansett River in Dartmouth,

Massachusetts. This proposal will allow

the Pandanaram Bridge to open on

signal from May 1 through October 31

once an hour on the hour, between 9

a.m. and 8 p.m. instead of twice an hour

on the hour and half hour. This change

should help relieve traffic congestion

created by bridge openings while still

providing for the needs of navigation.

DATES: Comments must be received on

or before May 1, 1995.

ADDRESSES: Comments may be mailed to

Commander (obr), First Coast Guard

District, Captain John Foster Williams

Federal Building, 408 Atlantic Ave.,

Boston, Massachusetts 02110–3350, or

may be hand-delivered to room 628 at

the same address between 6:30 a.m. and

3 p.m., Monday through Friday, except

federal holidays. The telephone number

is (617) 223–8364. The comments will

become part of this docket and will be

available for inspection and copying by

appointment at the above address.

FOR FURTHER INFORMATION CONTACT: John

W. McDonald, Project Officer, Bridge

Branch, (617) 223–8364.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages

interested persons to participate in this

rulemaking by submitting written views,

comments, data, or arguments. Persons

submitting comments should include

their names and addresses, identify this
10816 Federal Register / Vol. 60, No. 39 / Tuesday, February 28, 1995 / Proposed Rules

rulemaking (CGD01–95–008), the

specific section of this proposal to

which each comment applies, and give

reasons for each comment. The Coast

Guard requests that all comments and

attachments be submitted in an

unbound format no larger than 81⁄2′′ by

11′′, suitable for copying and electronic

filing. If that is not practical, a second

copy of any bound material is requested.

Persons desiring acknowledgment that

their comments have been received

should enclose a stamped self-addressed

post card or envelope.

The Coast Guard will consider all

comments received during the comment

period, and may change this proposal in

light of comments received. The Coast

Guard plans no public hearing. Persons

may request a public hearing by writing

to Commander (obr), First Coast Guard

District at the address listed under

ADDRESSES. The request should include

reasons why a hearing would be

beneficial. If the Coast Guard

determines that the opportunity for oral

presentations will aid this rulemaking,

the Coast Guard will hold a public

hearing at a time and place announced

by a later notice in the Federal Register.

Drafting Information

The drafters of this notice are Mr.

John W. McDonald, Project Officer,

Bridge Branch, and Lieutenant

Commander Samuel R. Watkins, Project

Counsel, District Legal Office.

Background and Purpose

The Padanaram Bridge at mile 1.0

over the Apponagansett River between

Dartmouth and South Dartmouth, MA,

has a vertical clearance of 9′ above mean

high water (MHW) and 12′ above mean

low water (MLW).

The current operating regulations

require the bridge to open on signal on

the hour and half hour, 5 a.m. to 9 p.m.

May 1, through October 31. At all other

times at least six hours advance notice

must be given.

In the spring of 1993, the Town of

Dartmouth requested a change from the

operating regulations to permit openings

once an hour rather than twice an hour.

The town selectmen felt that the traffic

congestion during peak summer months

was a result of the bridge opening every

30 minutes and was causing village

commerce to suffer. The selectmen also

considered the 30 minute opening

schedule a serious risk to public safety

because emergency vehicles could not

travel to and from South Dartmouth

during the traffic delays caused by the

bridge opening every half hour. The

Town of Dartmouth requested that the

bridge be required to open only once an

hour between 5 a.m. and 9 p.m., for a

test period of 60 days, to evaluate the

effects on vehicular and marine traffic.

This request was approved and the first

deviation from the permanent

regulations, published in the Federal

Register (58 FR 38056; July 15, 1993),

was effective from July 1, 1993 through

August 29, 1993. It provided an

opportunity to evaluate the effects of the

hourly openings on marine and

vehicular traffic. The Coast Guard

implemented a second deviation,

published in the Federal Register (58

FR 47067; September 7, 1993), for a

thirty-two day period to evaluate an

alternative opening time period for the

Padanaram Bridge. This second

deviation added two time periods when

the bridge could still open on the hour

and half hour: between 5 a.m. and 9

a.m. and between 8 p.m. and 9 p.m. The

Coast Guard received 29 letters

commenting on the two deviations.

Twenty were in favor of hourly

openings and nine were opposed to any

change. Most of the comments in

opposition to any change were based on

the concern over the lack of facilities to

tie up vessels while awaiting openings.

After the two deviation periods

expired, the Town of Dartmouth

installed traffic signals, automatic traffic

gates, navigational lights and clearance

gauges at the bridge. The Coast Guard

subsequently authorized a third

deviation for a period of 90 to evaluate

the effects of these improvements to the

bridge. This third deviation, published

in the Federal Register (59 FR 31931;

July 21, 1994), was effective from June

3, 1994 through August 31, 1994. It

allowed the Padanaram Bridge to open

on signal on the hour and half hour

between 5 a.m. and 9 a.m. between 8

p.m. and 9 p.m., and once an hour on

the hour between 9 a.m. and 8 p.m. The

Coast Guard received two letters

commenting on the third deviation. One

letter favored the hourly openings and

one letter was opposed to the hourly

openings.

Discussion of Proposed Amendments

The Town of Dartmouth has requested

that the Coast Guard make a permanent

change to the operating regulations for

the Padanaram Bridge to allow the draw

to open on signal from May 1 through

October 31, on the hour and half hour

between 5 a.m. and 9 a.m. and between

8 p.m. and 9 p.m., and on the hour

between 9 a.m. and 8 p.m. At all other

times a four hour advance notice would

be required for bridge openings. The

drawtenders will be on call to open the

draw when the advance notice is given.

As part of this action, the bridge

owner would be required to keep, in

good legible condition, clearance gauges

for each draw with figures not less than

twelve inches high designed, installed

and maintained according to the

provisions of 33 CFR 118.160.

The provision for the passage of

emergency vessels at any time is

published at 33 CFR 117.31 for all

bridges and is no longer required to be

published for each waterway.

Appendix A to part 117 would be

amended to add the Apponagansett

River entry under the State of

Massachusetts subheading to advise

mariners that a marine radio is installed

at the bridge for opening requests.

Regulatory Evaluation

This proposal 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. It has been exempted from review

by the Office of Management and

Budget 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

proposal 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

regulation will not prevent mariners

from transiting the bridge. It will require

only that mariners plan their transits.

Small Entities

Under the Regulatory Flexibility Act

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

must consider whether this proposal, if

adopted, will have a significant

economic impact on a substantial

number of small entities. ‘‘Small

entities’’ include independently owned

and operated small businesses that are

not dominant in their fields and that

otherwise qualify as ‘‘small business

concerns’’ under section 3 of the Small

Business Act (15 U.S.C. 632). Because of

the reasons discussed in the Regulatory

Evaluation above, the Coast Guard

certifies under 5 U.S.C. 605(b) that this

action, if adopted, will not have a

significant economic impact on a

substantial number of small entities.

Collection of Information

This proposal contains no collection

of information requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

Federalism

The Coast Guard has analyzed this

proposal under the principles and

criteria contained in Executive Order
Federal Register / Vol. 60, No. 39 / Tuesday, February 28, 1995 / Proposed Rules 10817

12612 and has determined that this

proposal does not have sufficient

federalism implications to warrant

preparation of a Federalism Assessment.

Environment

The Coast Guard considered the

environmental impact of this proposal

and concluded that, under paragraph

2.B.2. of Commandant Instruction

M16475.1B, this proposal is

categorically excluded from further

environmental documentation. A

‘‘Categorical Exclusion Determination’’

will be available in the docket for

inspection or copying where indicated

under ADDRESSES.

List of Subjects in 33 CFR Part 117

Bridges.

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 117.587 is revised to read

as follows:

§ 117.587 Apponagansett River.

The Padanaram Bridge, mile 1.0 at

Dartmouth, shall operate as follows:

(a) From May 1 through October 31,

the bridge shall open on signal:

(1) Twice an hour, on the hour and

the half hour between 5 a.m. and 9 a.m.

and between 8 p.m. and 9 p.m.;

(2) Once an hour, on the hour

between 9 a.m. and 8 p.m.

(b) At all other times the bridge shall

open if at least four (4) hours advance

notice is given.

(c) Mooring facilities shall be

maintained for vessels to make fast

while waiting for the bridge to open.

(d) The owners of this bridge shall

provide, and keep in good legible

condition, clearance gauges for each

draw with figures not less than twelve

(12) inches high designed, installed and

maintained according to the provisions

of § 118.160 of this chapter.

3. Appendix A to part 117 is amended

by adding the Apponagansett River

entry in alphabetical order under the

State of Massachusetts subheading to

read as follows:

APPENDIX A TO PART 117—DRAWBRIDGES EQUIPPED WITH RADIOTELEPHONES

Waterway Mile Location Bridge name and owner Call signs Calling

channel

Working

channel

* * * * * * *

Massachusetts ............... ........... ................... ............................................................................... ................... ................... ...................

* * * * * * *

Apponagansett River ...... 1.0 Dartmouth .. Padanaram, Town of Dartmouth .......................... ................... 13 13

* * * * * * *

Dated: February 6, 1995.

J.L. Linnon,

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

First Coast Guard District.

[FR Doc. 95–4906 Filed 2–27–95; 8:45 am]

BILLING CODE 4910–14–M

33 CFR Part 117

[CGD01–95–001]

RIN 2115–AE47

Drawbridge Operation Regulations;

Lagoon Pond, Tisbury, MA

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard is

considering a change to the regulations

governing the Lagoon Pond Bridge over

Lagoon Pond at mile 0.0 in Tisbury,

Massachusetts. The special operating

regulations formerly published at 33

CFR 117.79 were deleted in error. The

bridge has not been operating in

accordance with the existing general

regulations. This proposal is being

considered to correct the deletion error

and republish the operating regulations

for the bridge.

DATES: Comments must be received on

or before May 1, 1995.

ADDRESSES: Comments may be mailed to

Commander (obr), First Coast Guard

District, Captain John Foster Williams

Federal Building, 408 Atlantic Ave.,

Boston, Massachusetts 02110–3350, or

may be hand-delivered to room 628 at

the same address between 6:30 a.m. and

3 p.m., Monday through Friday, except

federal holidays. The telephone number

is (617) 223–8364. The comments will

become part of this docket and will be

available for inspection and copying by

appointment at the above address.

FOR FURTHER INFORMATION CONTACT:

John W. McDonald, Project Officer,

Bridge Branch, (617) 223–8364.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages

interested persons to participate in this

rulemaking by submitting written views,

comments, data, or arguments. Persons

submitting comments should include

their names and addresses, identify this

rulemaking (CGD01–95–001), the

specific section of the proposal to which

each comment applies, and give reasons

for each comment. The Coast Guard

requests that all comments and

attachments be submitted in an

unbound format no larger than 81⁄2′′ by

11′′, suitable for copying and electronic

filing. If that is not practical, a second

copy of any bound material is requested.

Persons desiring acknowledgment that

their comments have been received

should enclose a stamped, selfaddressed post card or envelope.

The Coast Guard will consider all

comments received during the comment

period, and may change this proposal in

light of comments received. The Coast

Guard plans no public hearing. Persons

may request a public hearing by writing

to Commander (obr), First Coast Guard

District at the address listed under

ADDRESSES. The request should include

reasons why a hearing would be

beneficial. If the Coast Guard

determines that the opportunity for oral

presentations will aid this rulemaking,

the Coast Guard will hold a public

hearing at a time and place announced

by a later notice in the Federal Register.

Drafting Information

The drafters of this notice are Mr.

John W. McDonald, Project Officer,

Bridge Branch, and Lieutenant