18946 Federal Register / Vol. 61, No. 84 / Tuesday, April 30, 1996 / Rules and Regulations

coordinates, the area north of the north

shore of Bull Island; beginning at

32°11′45.0′′ N, 080°48′03.0′′ W; thence

to,

32°11′52.0′′ N, 080°48′02.0′′ W; thence

to,

32°12′00.0′′ N, 080°48′17.0′′ W; thence

to,

32°12′19.0′′ N, 080°49′35.0′′ W; thence

to,

32°12′09.0′′ N, 080°49′43.0′′ W; back

east along the north shore of Bull

Island to the point of beginning.

(b) Effective dates. This section is

effective on July 4, 1996, at 7 a.m. EDT,

and terminates on August 5, 1996, at 11

p.m. EDT.

Dated: April 23, 1996.

Roger T. Rufe, Jr.,

Rear Admiral, U.S. Coast Guard Commander,

Seventh Coast Guard District.

[FR Doc. 96–10557 Filed 4–29–96; 8:45 am]

BILLING CODE 4910–14–M

33 CFR Part 117

[CGD01–96–035]

RIN 2115–AE47

Drawbridge Operation Regulations;

Manchester Harbor, MA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule with

request for comments.

SUMMARY: The Coast Guard is

temporarily changing the operating

rules that govern the Massachusetts Bay

Transportation Authority (MBTA)

Bridge at mile 1.0, in Manchester,

Massachusetts. This change will require

the bridge to be crewed for eight

additional hours each day during the

1996 boating season and will modify the

advance notice requirement for the 11

p.m. to 7 a.m. time period. This

temporary final rule is based upon

comments received as a result of a

temporary deviation implemented by

the Coast Guard during the 1994 boating

season and a final temporary rule

implemented for the 1995 boating

season. The comments received from

the mariners indicated their

navigational needs require the bridge to

be crewed from 7 a.m. to 11 p.m. during

the boating season.

EFFECTIVE DATE: This temporary final

rule is effective from May 27, 1996,

through September 30, 1996. Comments

must be received on or before October

31, 1996.

ADDRESSES: Comments should be

mailed to Commander (obr), First Coast

Guard District, Captain John Foster

Williams Federal Building, 408 Atlantic

Ave., Boston, Massachusetts 02110–

3350. Comments also may be handdelivered 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. Comments will become part

of this docket and will be available for

inspection or copying at the above

address.

FOR FURTHER INFORMATION CONTACT:

John W. McDonald, Project Officer,

Bridge Branch, (617) 223–8364.

SUPPLEMENTARY INFORMATION:

Request for Comments

Interested persons are invited 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

(CGD01–95–052), the specific section of

this rule to which each comment

applies, and give reasons for each

comment. The Coast Guard requests that

all comments and attachments be

submitted in an 81⁄2′′ x 11′′ unbound

format 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 it 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.

In accordance with 5 U.S.C. 553(6)

good cause exists for publishing a

temporary final rule without a prior

comment period. It is in the public

interest to have a rule increasing the

hours the bridge is operated in effect

before the Memorial Day weekend, the

beginning of the 1996 boating season.

Delaying this rule to provide for a notice

and comment period would be

impracticable, unnecessary and contrary

to the public interest. Due to the manner

in which openings are conducted, a

greater number of openings does not

cause delays to the commuter trains

using the bridge. The MBTA has been

advised of the extra hours that the

bridge will be required to be crewed

during the 1996 boating season and the

need for comprehensive record keeping.

This test period will allow the Coast

Guard to fully evaluate marine traffic

patterns and costs to the MBTA. After

this test period, the Coast Guard will

evaluate the comments received and

prepare a notice of proposed rulemaking

to permanently change the operating

schedule if appropriate.

Regulatory History

On June 14, 1994, a temporary

deviation effective during the 1994

boating season from the operating

regulations for the MBTA Bridge was

published in the Federal Register (59

FR 30524; June 14, 1994). The Coast

Guard received three letters and seven

petitions. A public hearing was not

requested and one was not held.

On July 17, 1995, the Coast Guard

implemented a temporary final rule (60

FR 36357; July 17, 1995) which was

effective for the 1995 boating season.

The Coast Guard received 22 letters and

three petitions. A public hearing was

not requested and one was not held.

Background and Purpose

The MBTA Bridge over Manchester

Harbor has a vertical clearance of 6′

above mean high water (MHW) and 15′

above mean low water (MLW). The

existing operating regulations at 33 CFR

117.603 require that the bridge open on

signal from 1 April through 1 November

from 9 a.m. to 6 p.m., with a one hour

lunch closure between 1 p.m. and 2

p.m. daily.

The Coast Guard received a request in

May, 1994, from the Manchester

Harbormaster/Chief of Police and

several mariners located upstream of the

bridge to extend the hours that the

Manchester MBTA Bridge be required to

open on signal during the peak boating

season. On June 14, 1994, the Coast

Guard published a temporary (90 day)

deviation (59 FR 30524; June 14, 1994)

from the operating regulations to

evaluate changes to the operating rules

during the 1994 boating season. The

temporary deviation extend the hours

that the bridge was crewed by an

additional five hours a day, from June

3 through August 31, 1994. It required

the bridge to be crewed from 8 a.m. to

9 p.m. daily and eliminated the one

hour lunch hour closure from 1 p.m. to

2 p.m. each day.

The Coast Guard received only one

letter during the comment period that

closed October 31, 1994. The MBTA, the

bridge owner, opposed the proposal to

extend the operating hours of the bridge.

Their objection was based upon the
Federal Register / Vol. 61, No. 84 / Tuesday, April 30, 1996 / Rules and Regulations 18947

additional cost of $16,000 for crewing

the bridge during the 1994 test period.

The Coast Guard requested additional

bridge log data from the MBTA to

evaluate the impact of the deviation.

The MBTA did not provide the

requested data.

The Coast Guard did not proceed with

a permanent change to the regulations

immediately after the temporary

deviation expired since only one

comment letter was received within the

comment period. The mariners who

originally requested the changes to the

operating rules did not provide

comments until March 15, 1995, well

after the comment period for the

temporary deviation ended. These

comments included seven petition

letters, one letter representing forty-five

boat owners located upstream of the

bridge at the Manchester Harbor Marina

and one letter from the Manchester

Harbormaster/Chief of Police. All these

letters were in favor of increasing the

operating hours for the bridge.

During the summer of 1995, the Coast

Guard implemented a temporary final

rule (60 FR 36357; July 17, 1995) which

tested an operating schedule from July

17, 1995, through September 30, 1995,

which increased the period that the

bridge opened on signal by three hours

from 6 p.m. to 9 p.m. After the test

period ended, the Coast Guard received

20 letters from mariners. Three petitions

with a total of 40 signatures, a letter

from Manchester Harbor Marina, and a

letter from the Manchester Harbor Boat

Club with 200 members were received

requesting that the operating rules be

changed to require the bridge to open on

signal from 7 a.m. to 11 p.m. each day,

Memorial Day through the end of

September. The mariners requested the

extended bridge operating hours so that

they could get underway at a reasonable

time in the morning and also be able to

return to their moorings in the evening

after their evening racing or sailing. One

letter requesting that the hours remain

unchanged was received from the bridge

owner, the MBTA. The MBTA objected

to the extra operating hours based upon

a $27,000 additional cost to crew the

bridge during the 1995 test period. As

in 1994, copies of the bridge logs were

not submitted by the bridge owner as

requested by the Coast Guard.

The Coast Guard believes that there is

good cause to test the hours of 7 a.m. to

11 p.m. based on the mariners

comments and the fact that these hours

have not been tested previously. Also,

records of openings provided by the

bridge owner regarding previous test

periods have been incomplete and are

therefore inconclusive. Complete

records of openings during the

scheduled test period will be considered

by the Coast Guard for future

rulemaking.

This temporary final rule extends the

operating hours requiring the bridge to

open on signal from May 27, 1996, to

September 30, 1996, from 7 a.m. to 11

p.m. each day. Additionally, the

advance notice requirement for

openings from 11 p.m. to 7 a.m. is being

changed from the existing two and five

hour advance notice to a four hours

advance notice from Memorial Day to

the end of September. The existing

requirement to provide two hours notice

from 6:45 a.m. to 3:45 p.m. and at least

five hours notice from 3:45 p.m. to 6:45

a.m. is confusing and difficult for

mariners to recall while at sea or when

they do not have access to a copy of the

requirements. The Coast Guard will

evaluate the effect of the four hour

advance notice requirement during the

1996 boating season and may propose a

modification of the requirement as a

result of comments received.

Discussion of Proposed Amendments

This temporary final rule requires the

bridge to open on signal from 7 a.m. to

11 p.m. from May 27, 1996, (Memorial

Day) through September 30, 1996, an

additional eight hours a day. In

addition, a four hour advance notice for

openings will be required from 11 p.m.

to 7 a.m. during this same test period.

At present, mariners are forced either

to return early after sailing or tie up at

locations outside of the bridge (and the

inner harbor where their moorings are

located) if they return after 6 p.m. The

harbormaster indicated that the

increased operating hours would

provide a safety advantage in the event

of an emergency situation. Planned and

emergency patrols would be able to

transit through the bridge to the inner

harbor on a more frequent basis in the

event of a vessel in distress or a vessel

on fire.

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. It has not been reviewed 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 rule to be so minimal that

a full Regulatory Evaluation, under

paragraph 10e of the regulatory policies

and procedures of DOT, is unnecessary.

Small Entities

Under the Regulatory Flexibility Act

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

must consider whether this action 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 field 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.

If, however, you think that your

business or organization qualifies as a

small entity and that this rule will have

a significant economic impact on your

business or organization, please submit

a comment (see ADDRESSES) explaining

why you think it qualifies and in what

way and to what degree this rule will

economically affect it.

Collection of Information

This rule 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

rule in accordance with the principles

and criteria contained in Executive

Order 12612, and it has determined that

this regulation does not have sufficient

federalism implications to warrant

preparation of a Federalism Assessment.

Environment

The Coast Guard considered the

environmental impact of this rule and

concluded that, under section

2.B.2.e.(32)(e) of Commandant

Instruction M16475.1B, this proposal is

categorically excluded from further

environmental documentation.

List of Subjects in 33 CFR Part 117

Bridges.

Temporary 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.
18948 Federal Register / Vol. 61, No. 84 / Tuesday, April 30, 1996 / Rules and Regulations

2. Section 117.603 is suspended and

a new 117.604 is added to read as

follows:

§ 117.604 Manchester Harbor.

The Massachusetts Bay

Transportation Authority Bridge at mile

1.0, in Manchester, shall operate as

follows:

(a) The draw shall open on signal

from 7 a.m. to 11 p.m. each day.

(b) At all other times, at least four

hours advance notice for openings is

required by calling the number posted at

the bridge.

Dated: April 22, 1996.

J.L. Linnon,

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

First Coast Guard District.

[FR Doc. 96–10658 Filed 4–29–96; 8:45 am]

BILLING CODE 4910–14–M

33 CFR Part 165

[CGD13–95–055]

RIN 2115–AA97

Safety Zone Regulations; Fort

Vancouver Fourth of July Fireworks

Display, Columbia River, Vancouver,

WA

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: The Coast Guard is adopting

permanent safety zone regulations for

the annual Fort Vancouver Fourth of

July Fireworks Display in Vancouver,

Washington. This event is held each

year on the Fourth of July on the waters

of the Columbia River. In the past, the

Coast Guard has established a temporary

safety zone each year to protect the

safety of life on the navigable waters

during this event. However, because the

event occurs annually, the Coast Guard

is adopting a permanent description of

the event and permanent regulations to

better inform the boating public.

EFFECTIVE DATE: This rule is effective on

May 30, 1996.

ADDRESSES: Unless otherwise indicated,

the documents referred to in this

preamble are available for inspection or

copying in the St. Helens Building,

Waterways Management Section at the

U.S. Coast Guard Group Portland, 6767

N. Basin Ave., Portland, OR 97217–

3992. Normal office hours are between

7 a.m. and 4 p.m., Monday through

Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Lieutenant (Junior Grade) C. A. Roskam,

c/o Commander, U.S. Coast Guard

Group Portland, 6767 N. Basin Ave.,

Portland, OR 97217–3992. (Telephone:

(503) 240–9327).

SUPPLEMENTARY INFORMATION:

Regulatory History

On February 9, 1996 the Coast Guard

published a notice of proposed

rulemaking entitled Safety Zone

Regulations; Fort Vancouver Fourth of

July Fireworks Display, Columbia River,

Vancouver, WA, in the Federal Register

(61 FR 4945). The Coast Guard received

no letters commenting on the proposal.

No public hearing was requested, and

none was held. No changes were made

to the regulation, and it is being adopted

as initially proposed.

Background and Purpose

The Coast Guard is adopting

permanent safety zone regulations for

the annual Fort Vancouver Fourth of

July Fireworks Display in Vancouver,

Washington. This event is held on the

waters of Columbia River each year on

July fourth from 10 p.m. to 10:30 p.m.

(PDT). In the past, the Coast Guard has

established a temporary safety zone

each year to protect the safety of life on

the navigable waters during the event.

However, because the event occurs

annually, the Coast Guard is adopting a

permanent description of the event and

permanent regulations in the Code of

Federal Regulations (CFR) to better

inform the boating public. The Coast

Guard, through this action, intends to

promote the safety of spectators and

participants in this event. The Fort

Vancouver Fourth of July Fireworks

Display is being held as part of the

celebration for the Fourth of July

Independence Day in Vancouver,

Washington. This event is sponsored by

the Fort Vancouver Fourth of July

Committee. The fireworks display is

conducted from a barge located just

offshore on the Columbia River.

This one day event attracts a large

number of spectators gathered on the

waters near the fireworks display.

Spectators who approach the fireworks

barge at close range during the event

may be struck by falling debris from the

overhead fireworks display.

Discussion of Proposed Regulation

To promote the safety of both the

spectators and the participants of this

event, this regulation establishes a

permanent safety zone which would

become effective each year during the

event. Entry into this safety zone and

the area surrounding the event will be

prohibited. This safety zone will be

enforced by representatives of the

Captain of the Port, Portland, Oregon.

The Captain of the Port may be assisted

by other federal agencies.

Regulatory Evaluation

This regulation is not a significant

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 regulation to be

so minimal that a full regulatory

evaluation under paragraph 10e of the

regulatory policies and procedures of

DOT is unnecessary. The safety zone

established by this regulation

encompasses only one mile of the

Columbia River adjacent to Vancouver,

Washington. Entry into the safety zone

will be restricted each year for only

three hours on the day of the event.

These restrictions would have little

effect on maritime commerce in the

area.

Small Entities

Under the Regulatory Flexibility Act

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

must consider whether this regulation

will have a significant economic impact

on a substantial number of small

entities. ‘‘Small entities’’ may include

(1) small businesses and not-for-profit

organizations that are independently

owned and operated and are not

dominant in their fields and (2)

governmental jurisdictions with

populations of less than 50,000. Because

it expects the impact of this regulation

to be minimal, the Coast Guard certifies

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

regulation will not have a significant

economic impact on a substantial

number of small entities.

Collection of Information

This regulation 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

action in accordance with the principles

and criteria contained in Executive

Order 12612 and has determined that

this regulation does not have sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

Environment

The Coast Guard considered the

environmental impact of this regulation

and concluded that, under paragraph

2.B.2 of Commandant Instruction