10816 Federal Register / Vol. 66, No. 34 / Tuesday, February 20, 2001 / Rules and Regulations

Correction of Publication

Accordingly FR document 01–2963,

published on February 5, 2001, is

corrected as follows: On page 8899, in

the first column, the material in the

DATES heading is corrected to read in its

entirety as follows:

DATES: The effective date of the

Acquisition of Title to Land in Trust

rule, amending 25 CFR part 151,

published in the Federal Register on

January 16, 2001, at 66 FR 3452, is

delayed for 60 days, from February 15,

2001, to a new effective date of April 16,

2001.

Dated: February 13, 2001.

Timothy S. Elliott,

Acting Deputy Solicitor.

[FR Doc. 01–4095 Filed 2–16–01; 8:45 am]

BILLING CODE 4310–02–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01–00–234]

RIN 2115–AE47

Drawbridge Operation Regulations:

Fort Point Channel, MA

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: The Coast Guard is changing

the drawbridge operating regulations for

the Northern Avenue Bridge, mile 0.1,

across the Fort Point Channel at Boston,

Massachusetts. This rule will revise the

drawbridge operating regulations to

provide bridge openings during times

the bridge previously did not open and

also place the bridge on an advance

notice basis during times when there

have been few requests to open the

bridge. This action is expected to better

meet the present needs of navigation.

DATES: This rule is effective March 22,

2001.

ADDRESSES: Comments and material

received from the public, as well as

documents indicated in this preamble as

being available in the docket, are part of

docket (CGD01–00–234) and are

available for inspection or copying at

the First Coast Guard District, Bridge

Branch Office, 408 Atlantic Avenue,

Boston, Massachusetts 02110, 7 a.m. to

3 p.m., Monday through Friday, except

Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr.

John W. McDonald, Project Officer, First

Coast Guard District, (617) 223–8364.

SUPPLEMENTARY INFORMATION:

Regulatory Information

On November 8, 2000, we published

a notice of proposed rulemaking

(NPRM) entitled Drawbridge Operation

Regulations; Fort Point Channel,

Massachusetts, in the Federal Register

(65 FR 66939). We received six

comment letters in response to the

notice of proposed rulemaking. All the

comment letters were in favor of the

rule change. No public hearing was

requested and none was held.

Background and Purpose

The Northern Avenue Bridge, mile

0.1, across the Fort Point Channel has a

vertical clearance of 7 feet at mean high

water and 17 feet at mean low water in

the closed position. The existing

operating regulations in 33 CFR 117.599

require the bridge to open on signal

from 6 a.m. to 8 p.m. From 8 p.m. to 6

a.m., the bridge need not open for the

passage of vessels. The Coast Guard

received a request to change the

operating regulations from a commercial

tour boat operator and the mariners

located at a marina upstream from the

Northern Avenue Bridge. The mariners

requested that the bridge be crewed and

available to open for vessel traffic after

8 p.m. during the boating season. The

bridge presently does not open from 8

p.m. to 6 a.m., daily.

The Coast Guard published a notice of

temporary deviation and request for

comments on April 27, 2000, in order to

test an expanded operating schedule for

the bridge and to provide immediate

relief for the mariners during the

summer of 2000. The deviation required

the bridge to open on signal from 6 a.m.

to 8 p.m. and from 8 p.m. to 6 a.m. to

open on signal if at least a two-hour

advance notice was provided by calling

the number posted at the bridge. The

Coast Guard received four letters in

favor of expanding the operating hours

for the bridge. After the comment period

for the deviation concluded on

September 30, 2000, the Coast Guard

had discussions regarding the expansion

of the operating hours for the bridge

with officials from the City of Boston,

the owner of the bridge. As a result of

these discussions, the bridge owner

agreed to crew the bridge additional

hours as well as provide openings on an

advance notice basis during times when

the bridge is not crewed. The following

schedule was established:

From May 1 through October 31, the

draw shall open on signal from 7 a.m.

to 11 p.m. From 11 p.m. to 7 a.m. the

draw shall open on signal if at least a

two-hour advance notice is given by

calling the number posted at the bridge.

From November 1 through April 30,

the draw shall open on signal from 7

a.m. to 3 p.m. From 3 p.m. to 7 a.m. the

draw shall open on signal if at least a

twenty-four hours advance notice is

given by calling the number posted at

the bridge.

The Coast Guard believes this is a

reasonable operating schedule because

the mariners will now be able to get

bridge openings during the times the

bridge is crewed or upon the required

advance notice, and the bridge owner

will not be required to crew the bridge

during periods when there have been

few requests to open the bridge.

Discussion of Comments and Changes

The Coast Guard received six

comment letters all in favor of the rule

change. No changes will be made to the

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). This

conclusion is based on the fact that the

bridge will be crewed at times to meet

the needs of navigation and will be on

an advance notice basis during the times

when there have been few requests to

open the bridge.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601–612) we considered

whether this rule would have a

significant economic impact on a

substantial number of small entities.

‘‘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 less than 50,000.

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.

This conclusion is based on the fact that

the bridge will be crewed at times to

meet the needs of navigation and will be

on an advance notice basis during the

times when there have been few

requests to open the bridge.

Collection of Information

This rule calls for no new collection

of information under the Paperwork

Federal Register / Vol. 66, No. 34 / Tuesday, February 20, 2001 / Rules and Regulations 10817

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.

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 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 E.O. 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 E.O.

12988, Civil Justice Reform, to minimize

litigation, eliminate ambiguity, and

reduce burden.

Protection of Children

We have analyzed this rule under E.O.

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 (32)(e) of Commandant

Instruction M16475.1C, this rule is

categorically excluded from further

environmental documentation because

promulgation of changes to drawbridge

regulations have been found to not have

a significant effect on the environment.

A written ‘‘Categorical Exclusion

Determination’’ is not required for this

final rule.

List of Subjects in 33 CFR Part 117

Bridges.

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.

2. Section 117.599 is revised to read

as follows:

§ 117.599 Fort Point Channel.

The draw of the Northern Avenue

Bridge, mile 0.1, at Boston, shall operate

as follows:

(a) From May 1 through October 31,

the draw shall open on signal from 7

a.m. to 11 p.m. From 11 p.m. to 7 a.m.

the draw shall open on signal if at least

a two-hour advance notice is given by

calling the number posted at the bridge.

(b) From November 1 through April

30, the draw shall open on signal from

7 a.m. to 3 p.m. From 3 p.m. to 7 a.m.

the draw shall open on signal if at least

a twenty-four hours advance notice is

given by calling the number posted at

the bridge.

Dated: January 31 2001.

G.N. Naccara,

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

First Coast Guard District.

[FR Doc. 01–4096 Filed 2–16–01; 8:45 am]

BILLING CODE 4910–15–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD08–01–001]

Drawbridge Operating Regulation;

Arroyo Colorado, TX

AGENCY: Coast Guard, DOT.

ACTION: Notice of temporary deviation

from regulations.

SUMMARY: The Commander, Eighth

Coast Guard District has issued a

temporary deviation from the regulation

in 33 CFR 117.951 governing the

operation of the FM 106, vertical lift

span bridge across Arroyo Colorado,

mile 22.2 at Rio Hondo, Texas. This

deviation allows the Texas Department

of Transportation to close the bridge to

navigation from 7 a.m. on February 20,

2001 through 7 p.m. on February 25,

2001 for maintenance.

DATES: This deviation is effective from

7 a.m. on Tuesday, February 20, 2001 to

7 p.m. on Sunday, February 25, 2001.

ADDRESSES: Unless otherwise indicated,

documents referred to in this notice are

available for inspection or copying at

the office of the Eighth Coast Guard

District, Bridge Administration Branch,

Commander (obc), 501 Magazine Street,

New Orleans, Louisiana, 70130–3396.

The Bridge Administration Branch

maintains the public docket for this

temporary deviation.

FOR FURTHER INFORMATION CONTACT: Phil

Johnson, Bridge Administration Branch,

telephone (504) 589–2965.

SUPPLEMENTARY INFORMATION: The FM

106 vertical lift span bridge across

Arroyo Colorado, mile 22.2, at Rio

Hondo, Cameron County, Texas, has a

vertical clearance of 27 feet above high

water in the closed-to-navigation

position and 73 feet above high water in

the open-to-navigation position.

Navigation on the waterway consists

primarily of tugs with tows transporting

concrete, petroleum products and

fertilizer. Presently, the draw of the

bridge opens on signal if at least 12

hours notice is given. The Texas

Department of Transportation requested

a temporary deviation from the normal

operation of the drawbridge in order to

accommodate the maintenance work,

which involves replacing the drive

motors and upgrading the operating

system computer. This maintenance is

necessary for the continued operation of

the bridge.

This deviation allows the lift span of

the FM 106 drawbridge across Arroyo

Colorado, mile 22.2 at Rio Hondo, Texas

to remain closed to navigation from 7

a.m. on February 20, 2001 until 7 p.m.

on February 25, 2001.

Dated: February 7, 2001.

Paul J. Pluta,

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

Eighth Coast Guard District.

[FR Doc. 01–4138 Filed 2–16–01; 8:45 am]

BILLING CODE 4910–15–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 180

[OPP–301094; FRL–6761–1]

RIN 2070–AB78

Flutolanil, N-(3-(1-

methylethoxy)phenyl)-2-

(trifuoromethyl)benzamide; Pesticide

Tolerance

AGENCY: Environmental Protection

Agency (EPA).