22002 Federal Register / Vol. 61, No. 93 / Monday, May 13, 1996 / Proposed Rules

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

12612 and has determined that this

proposal does not have sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

Environment

The Coast Guard has considered the

environmental impacts of this proposal

and concluded that, under paragraph

2.B.2.e.34(h) of DOMDTINST 16475.1B,

(as revised by 61 FR 13563, March 27,

1996) this proposal is a special local

regulation issued in conjunction with a

regatta or marine parade and is

categorically excluded from further

environmental documentation.

List of Subjects in 33 CFR Part 100

Marine safety, Navigation (water),

Reporting and recordkeeping

requirements, Waterways.

Proposed Regulation

For the reasons set out in the

preamble, the Coast Guard proposes to

amend 33 CFR part 100 as follows:

1. The authority citation for Part 100

continues to read as follows:

Authority: 33 U.S.C. 1233; 49 CFR 1.46 and

33 CFR 100.35.

2. A permanent section, 100.118, is

added to read as follows:

§ 100.118 Searsport Lobster Boat Races,

Searsport Harbor, ME.

(a) Regulated Area. The regulated area

includes all waters of Searsport Harbor,

ME, within the following points (NAD

83):

Latitude Longitude

44°26′51′′ N 068°54′20′′ W

44°27′03′′ N 068°54′20′′ W

44°27′03′′ N 068°55′17′′ W

44°26′51′′ N 068°55′17′′ W

(b) Special Local Regulations.

(1) The Coast Guard patrol

commander may delay, modify, or

cancel the race as conditions or

circumstances require.

(2) No person or vessel may enter,

transit, or remain in the regulated area

unless participating in the event or

unless authorized by the Coast Guard

patrol commander.

(3) Vessels encountering emergencies

which require transit through the

regulated area should contact the Coast

Guard patrol commander on VHF

Channel 16. In the event of an

emergency, the Coast Guard patrol

commander may authorize a vessel to

transit through the regulated area with

a Coast Guard designated escort.

(4) All persons and vessels shall

comply with the instructions of the

Coast Guard on-scene patrol

commander. On-scene patrol personnel

may include commissioned, warrant,

and petty officers of the U.S. Coast

Guard. Upon hearing five or more short

blasts from a U.S. Coast Guard vessel,

the operator of a vessel shall proceed as

directed. Members of the Coast Guard

Auxiliary may also be present to inform

vessel operators of this regulation and

other application laws.

(c) Effective period. This section is in

effect form 8 a.m. to 2 p.m. on August

24, 1996, and each year thereafter on a

date and times published in a Federal

Register notice. If the event is canceled

due to weather, this section is effective

the following day.

Dated: May 1, 1996.

J.L. Linnon,

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

First Coast Guard District.

[FR Doc. 96–11904 Filed 5–10–96; 8:45 am]

BILLING CODE 4910–14–M

33 CFR Part 117

[CGD01–95–002]

RIN 2115–AE47

Drawbridge Operation Regulations

New Rochelle Harbor, NY

AGENCY: Coast Guard DOT.

ACTION: Supplemental notice of

proposed rulemaking.

SUMMARY: The Coast Guard is proposing

a change to the regulations governing

the Glen Island Bridge, mile 0.8, across

New Rochelle Harbor in New Rochelle,

New York. The proposal would require

two hours advance notice for openings

between the hours of 12 midnight and

6 a.m. from May 1st through October

31st, and twenty-four hours advance

notice between the hours of 8 p.m. and

8 a.m. from November 1st through April

30th.

This change was requested by the

Westchester County Department of

Parks because of the few requests for

bridge openings during these time

periods. This action should relieve the

bridge owner of the burden of having

personnel constantly available to open

the bridge and should provide for the

reasonable needs of navigation.

DATES: Comments must be received on

or before July 12, 1996.

ADDRESSES: Comments should be

mailed to Commander (obr), First Coast

Guard District, Building 135A,

Governors Island, New York, 10004–

5073, or may be hand-delivered to the

same address between 6:30 a.m. and 3

p.m., Monday through Friday, except

federal holidays. The telephone number

is (212) 668–7170. 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:

Gary Kassof, Bridge Program Manager,

First Coast Guard District, (212) 668–

7069.

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 name and address, identify this

rulemaking (CGD1 95–002), 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 are

to 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.

Background and Purpose

The Glen Island Bridge has vertical

clearances when in the closed position

of 13 feet above mean high water

(MHW) and 20 feet above mean low

water (MLW). The bridge is presently

required to open on signal. The

proposed regulations would provide

openings on signal with two hours

advance notice between the hours of 12

midnight and 6 a.m. from May through

October, and with twenty-four hours
Federal Register / Vol. 61, No. 93 / Monday, May 13, 1996 / Proposed Rules 22003

advance notice between the hours of 8

p.m. and 8 a.m. from November through

April

On January 27, 1995, the Coast Guard

published a notice of proposed

rulemaking entitled ‘‘Drawbridge

Operation Regulations; New Rochelle

Harbor, NY’’ in the Federal Register (60

FR 5343), proposing a change in the

operating regulations by permitting the

bridge to remain closed from 1 May

through 31 October between 12

midnight and 8 a.m. and from 1

November through 30 April between 8

p.m. and 8 a.m. The Commander, First

Coast Guard District also circulated this

proposal for comment via Public Notice

1–846 dated April 18, 1995. The Coast

Guard received ninety-eight comments

expressing opposition to the proposal.

The major objection was the fact that

vessels requiring passage during the

nighttime closed periods would be

forced to use the alternate, New

Rochelle Harbor South (back) Channel,

which is considered dangerous for

nighttime passage due to the

shallowness and narrowness of the

channel and the lack of lighted aids to

navigation. No public hearing was

requested and none was held. Based on

the concerns expressed by the marine

public, the Westchester County

Department of Parks revised its request

to modify the drawbridge operating

regulations.

These proposed regulations will

provide the bridge owner relief from

having an operator in constant

attendance at the bridge during periods

of limited opening demand, while

accommodating the navigational needs

of the marine community.

Discussion of Proposed Amendments

The Coast Guard proposes to amend

33 CFR 117 by adding section 117.802

to require two hours advance notice for

bridge openings between the hours of 12

midnight and 6 a.m. from May through

October and twenty-four hours advance

notice between the hours of 8 p.m. and

8 a.m. from November through April.

The Coast Guard also proposes that

bridge owners install and maintain

clearance gauges with figures not less

than twelve inches high on the

upstream and downstream sides of the

bridge.

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 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 final rule to be so

minimal that a full Regulatory

Evaluation under paragraph 10e of the

regulatory policies and procedures of

DOT is unnecessary. The proposed

regulations will not prevent mariners

from passing through the Glen Island

Bridge but just require giving two hours

advance notice of arrival between 12

midnight and 6 a.m. from May through

October and twenty-four hours between

8 p.m. and 8 a.m. from November

through April. This notice requirement

will have minimal economic impact

considering the low frequency of

openings for navigation and the

inactivity of the local marinas, yacht

clubs and boat yards located up and

downstream of the bridge during the

regulated periods. There will be no

impact on vehicular traffic that uses this

bridge.

Small Entities

Under the Regulatory Flexibility Act

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

must consider whether this proposal

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

of the reasons discussed in the

Regulatory Evaluation above, the Coast

Guard finds that the rule will not have

a significant economic impact on a

substantial number of small entitles. 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 proposed 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

proposal under the principles and

criteria contained in Executive Order

12612 and has determined that this

proposed 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 proposal

and concluded that, under paragraph

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

Instruction M16475.1B, this proposal is

categorically excluded from further

environmental documentation since it is

a proposed promulgation of a

drawbridge operating regulation.

List of Subjects in 33 CFR Part 117

Bridges.

Proposed Regulations

For the reasons set out in the

preamble, the Coast Guard proposes to

amend 33 CFR 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. 449; 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 117.802 is added to read as

follows:

§ 117.802 New Rochelle Harbor.

(a) The draw of the Glen Island

Bridge, mile 0.8, at new Rochelle, New

York, shall open on signal, except as

follows:

(1) two hours advance notice shall be

given for openings from 12 midnight to

6 a.m. from May 1st through October

31st.

(2) twenty-four hours advance notice

shall be given for openings from 8 p.m.

to 8 a.m. from November 1st through

April 30th.

(b) The owner of the bridge shall

provide and keep in good legible

condition clearance gauges with figures

not less than 12 inches high designed,

installed, and maintained according to

the provisions of section 118.180.

Dated: April 30, 1996.

J.L. Linnon,

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

First Coast Guard District.

[FR Doc. 96–11905 Filed 5–10–96; 8:45 am]

BILLING CODE 4910–14–M