Federal Register / Vol. 66, No. 5 / Monday, January 8, 2001 / Proposed Rules 1281

(ii) From subsections (d)(1) through

(d)(4), and (f) because providing access

to records of a civil or administrative

investigation and the right to contest the

contents of those records and force

changes to be made to the information

contained therein would seriously

interfere with and thwart the orderly

and unbiased conduct of the

investigation and impede case

preparation. Providing access rights

normally afforded under the Privacy Act

would provide the subject with valuable

information that would allow

interference with or compromise of

witnesses or render witnesses reluctant

to cooperate; lead to suppression,

alteration, or destruction of evidence;

enable individuals to conceal their

wrongdoing or mislead the course of the

investigation; and result in the secreting

of or other disposition of assets that

would make them difficult or

impossible to reach in order to satisfy

any Government claim growing out of

the investigation or proceeding.

(iii) From subsection (e)(1) because it

is not always possible to detect the

relevance or necessity of each piece of

information in the early stages of an

investigation. In some cases, it is only

after the information is evaluated in

light of other evidence that its relevance

and necessity will be clear.

(iv) From subsections (e)(4)(G) and (H)

because this system of records is

compiled for law enforcement purposes

and is exempt from the access

provisions of subsections (d) and (f).

(v) From subsection (e)(4)(I) because

to the extent that this provision is

construed to require more detailed

disclosure than the broad, generic

information currently published in the

system notice, an exemption from this

provision is necessary to protect the

confidentiality of sources of information

and to protect privacy and physical

safety of witnesses and informants. NRO

will, nevertheless, continue to publish

such a notice in broad generic terms as

is its current practice.

(vi) Consistent with the legislative

purpose of the Privacy Act of 1974, the

NRO will grant access to nonexempt

material in the records being

maintained. Disclosure will be governed

by NRO’s Privacy Regulation, but will

be limited to the extent that the identity

of confidential sources will not be

compromised; subjects of an

investigation of an actual or potential

criminal violation will not be alerted to

the investigation; the physical safety of

witnesses, informants and law

enforcement personnel will not be

endangered, the privacy of third parties

will not be violated; and that the

disclosure would not otherwise impede

effective law enforcement. Whenever

possible, information of the above

nature will be deleted from the

requested documents and the balance

made available. The controlling

principle behind this limited access is

to allow disclosures except those

indicated above. The decisions to

release information from these systems

will be made on a case-by-case basis.

Dated: December 21, 2000.

Patricia L. Toppings,

Alternate OSD Federal Register Liaison

Officer, Department of Defense.

[FR Doc. 01–416 Filed 1–5–01; 8:45 am]

BILLING CODE 5001–10–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01–00–228]

RIN 2115–AE47

Drawbridge Operation Regulations;

Mianus River, CT

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard proposes to

change the drawbridge operating

regulations for the Metro-North Bridge,

at mile 1.0, across the Mianus River at

Greenwich, Connecticut. This proposed

rule would require the bridge to open on

signal from 9 p.m. to 5 a.m., after an

advance notice is given. The bridge

presently does not open for vessel traffic

between 9 p.m. and 5 a.m., daily. This

action is expected to better meet the

reasonable needs of navigation.

DATES: Comments must reach the Coast

Guard on or before March 9, 2001.

ADDRESSES: You may mail comments to

Commander (obr), First Coast Guard

District, Bridge Branch, at 408 Atlantic

Avenue, Boston, MA. 02110–3350, or

deliver them to the same address

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

through Friday, except Federal holidays.

The telephone number is (617) 223–

8364. The First Coast Guard District,

Bridge Branch, maintains the public

docket for this rulemaking. Comments

and material received from the public,

as well as documents indicated in this

preamble as being available in the

docket, will become part of this docket

and will be available for inspection or

copying at the First Coast Guard

District, Bridge Branch, 7 a.m. to 3 p.m.,

Monday through Friday, except, Federal

holidays.

FOR FURTHER INFORMATION CONTACT: Mr.

John McDonald, Project Officer, First

Coast Guard District, (617) 223–8364.

SUPPLEMENTARY INFORMATION:

Request for Comments

We encourage you to participate in

this rulemaking by submitting

comments or related material. If you do

so, please include your name and

address, identify the docket number for

this rulemaking (CGD01–00–228),

indicate the specific section of this

document to which each comment

applies, and give the reason for each

comment. Please submit all comments

and related material in an unbound

format, no larger than 81⁄2 by 11 inches,

suitable for copying. If you would like

to know if they reached us, please

enclose a stamped, self-addressed

postcard or envelope. We will consider

all comments and material received

during the comment period. We may

change this proposed rule in view of

them.

Public Meeting

We do not now plan to hold a public

meeting. But you may submit a request

for a meeting by writing to the First

Coast Guard District, Bridge Branch, at

the address under ADDRESSES explaining

why one would be beneficial. If we

determine that one would aid this

rulemaking, we will hold one at a time

and place announced by a later notice

in the Federal Register.

Background and Purpose

The Metro-North Bridge, mile 1.0,

across the Mianus River has a vertical

clearance of 20 feet at mean high water

and 27 feet at mean low water in the

closed position.

The existing operating regulations in

33 CFR 117.209 require the bridge to

open on signal from 5 a.m. to 9 p.m.,

immediately for commercial vessels and

as soon as practicable, but no later than

20 minutes after the signal to open is

given, for the passage of all other vessel

traffic. When a train scheduled to cross

the bridge without stopping has passed

the Greenwich or Riverside stations and

is in motion toward the bridge, the draw

shall open as soon as the train has

crossed the bridge. From 9 p.m. to 5

a.m., the draw need not be opened for

the passage of vessels.

The Coast Guard received a request

from a commercial vessel operator

requesting a change to the operating

regulations for the Metro-North Bridge.

The commercial operator requested that

the bridge open for vessel traffic during

the 9 p.m. to 5 a.m. time period when

the bridge is normally closed.

1282 Federal Register / Vol. 66, No. 5 / Monday, January 8, 2001 / Proposed Rules

The Coast Guard published a

temporary 90 day deviation from the

drawbridge operation regulations on

April 27, 2000, to provide immediate

relief to navigation and to obtain

comments from the public concerning

this rule. The deviation was in effect

from June 7, 2000, through September 4,

2000, during which time, the MetroNorth Bridge was required to open on

signal, from 9 p.m. to 5 a.m., after a

four-hour advance notice was given. No

comments were received during the

comment period which ended on

September 30, 2000. A late comment

letter was received from the commercial

mariner that requested the rule change.

The mariner indicated that his vessel

utilized the additional opening time

provided by the test deviation and made

about 40 transits after 9 p.m. during the

test period. The commercial mariner

will be adding an additional vessel to

his fleet next season which will also

require bridge openings after 9 p.m.,

daily.

The Coast Guard is responsible for the

enforcement of the bridge laws and

regulations which are intended to

prevent any interference with the

navigable waters of the United States

whether by bridges, dams, dikes or other

obstructions to navigation except by

express permission of the United States.

The decision as to whether a bridge

permit or a drawbridge operation

regulation will be issued or promulgated

is based upon the effect of the proposed

action on navigation to assure that the

action provides for the reasonable needs

of navigation after full consideration of

the effect of the proposed action on the

human environment, including the

effect on rail and vehicular traffic.

The Coast Guard believes that in the

case of the Metro-North Bridge, that

changing the bridge operating

regulations to require openings between

9 p.m. and 5 a.m. is reasonable because

it provides for the needs of navigation,

as demonstrated by the demand for

bridge openings during the test

deviation, and has no effect on rail

traffic over the bridge.

Discussion of Proposal

The Coast Guard proposes to revise

the operating regulations in 33 CFR

117.209(b) for the Metro-North Bridge

by requiring the bridge to open during

the 9 p.m. to 5 a.m. time period.

The proposed rule would require the

draw to open on signal from April 1

through October 31, from 9 p.m. to 5

a.m., after at least a four-hour advance

notice is given and from November 1

through March 30, from 9 p.m. to 5 a.m.,

after at least a twenty-four hours

advance notice is given.

The Coast Guard believes this rule

will better meet the reasonable needs of

navigation based upon comments

received and successful results of the

90-day test deviation.

Regulatory Evaluation

This proposed 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

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,

Feb. 26, 1979).

We expect the economic impact of

this proposed rule 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

bridges are required to meet the

reasonable needs of navigation at all

times and that this bridge will only need

to be crewed between the hours of 9

p.m. to 5 a.m., when there is a definite

navigational need.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601–612), we considered

whether this proposed 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

section 5 U.S.C. 605(b), that this

proposed rule would not have a

significant economic impact on a

substantial number of small entities.

This conclusion is based upon the fact

that the bridge will now be available to

open for all vessel traffic, both small

entities and commercial operators, at all

times.

If you think that your business,

organization, or governmental

jurisdiction qualifies as a small entity

and that this rule would have a

significant economic impact on it,

please submit a comment (see

ADDRESSES) explaining why you think it

qualifies and how and to what degree

this rule would economically affect it.

Collection of Information

This proposed 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 proposed 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 costs. This proposed

rule would not impose an unfunded

mandate.

Taking of Private Property

This proposed rule would 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 proposed 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 proposed 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 proposed rule and

concluded that, under figure 2–1,

paragraph (32)(e), of Commandant

Instruction M16475.1C, this proposed

rule is categorically excluded from

further environmental documentation

because promulgation of drawbridge

regulations have been found not to have

a significant effect on the environment.

A ‘‘Categorical Exclusion

Determination’’ is available in the

docket where indicated under

ADDRESSES.

List of Subjects in 33 CFR Part 117

Bridges.

Federal Register / Vol. 66, No. 5 / Monday, January 8, 2001 / Proposed Rules 1283

Regulations

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. Law 102–587,

106 Stat. 5039.

2. Section 117.209(b) is revised to

read as follows:

§ 117.209 Mianus River.

* * * * *

(b) The draw shall open on signal

from April 1 through October 31, from

9 p.m. to 5 a.m., after at least a four-hour

advance notice is given and from

November 1 through March 30, from 9

p.m. to 5 a.m., after at least a twentyfour-hour advance notice is given by

calling the number posted at the bridge.

Dated: December 6, 2000.

G.N. Naccara,

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

First Coast Guard District.

[FR Doc. 01–435 Filed 1–5–01; 8:45 am]

BILLING CODE 4910–15–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

46 CFR Parts 110 and 111

[USCG–2001–8602]

Marine Shipboard Electrical Cable

Standards: Incorporation of IEEE

Standard 45, 1998 Edition

AGENCY: Coast Guard, DOT.

ACTION: Request for comments.

SUMMARY: The Coast Guard is

considering requests to allow merchant

vessels to use shipboard cable

constructed to meet the requirements in

Clause 8 (Cable Construction), Clause 9

(Cable Application), and Clause 10

(Cable Installation) of the Institute of

Electrical and Electronics Engineers

(IEEE) Standard 45, Recommended

Practice for Electrical Installations on

Shipboard-1998 edition. The 1998

edition changes the testing requirements

for marine shipboard electrical cable

from those in the 1983 edition. It also

requires third party verification. The

Coast Guard requests comments

concerning which edition (the 1983

edition, the 1998 edition, or both)

should be incorporated by reference.

DATES: Comments and related material

must reach the Docket Management

Facility on or before March 9, 2001.

ADDRESSES: To make sure your

comments and related material are not

entered more than once in the docket,

please submit them by only one of the

following means:

(1) By mail to the Docket Management

Facility [USCG–2001–8602], U.S.

Department of Transportation, room PL–

401, 400 Seventh Street SW.,

Washington, DC 20590–0001.

(2) By delivery to room PL–401 on the

Plaza level of the Nassif Building, 400

Seventh Street SW., Washington, DC,

between 9 a.m. and 5 p.m., Monday

through Friday, except Federal holidays.

The telephone number is 202–366–

9329.

(3) By fax to the Docket Management

Facility at 202–493–2251.

(4) Electronically through the Web

Site for the Docket Management System

at http://dms.dot.gov.

The Docket Management Facility

maintains the public docket for this

notice. Comments and material received

from the public will become part of this

docket and will be available for

inspection or copying at room PL–401

on the Plaza level of the Nassif Building,

400 Seventh Street SW., Washington,

DC, between 9 a.m. and 5 p.m., Monday

through Friday, except Federal holidays.

You may also find this docket on the

Internet at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: For

questions on this notice, call Dolores

Mercier, Project Manager, Office of

Design and Engineering Standards (G–

MSE), Coast Guard, telephone 202–267–

0658, fax 202–267–4816, e-mail

dmercier@comdt.uscg.mil. For questions

on viewing or submitting material to the

docket, call Dorothy Beard, Chief,

Dockets, Department of Transportation,

phone 202–366–9329.

SUPPLEMENTARY INFORMATION:

Request for Comments

If you submit written comments,

please include your name and address,

and identify the docket number for this

rulemaking [USCG–2001–8602] and the

reason for each comment. You may

submit your comments and material by

mail, delivery, fax, or electronic means

to the Docket Management Facility at

the address under ADDRESSES; but

please submit your comments and

material by only one means. Please

submit all comments and material in an

unbound format, no larger than 81⁄2 by

11 inches, suitable for copying and

electronic filing to the Facility at the

address under ADDRESSES. If you want

acknowledgement of receipt of your

comments, please enclose a stamped,

self-addressed postcard or envelope.

The Coast Guard will consider all

comments and materials received

during the comment period.

Background and Purpose

On February 8, 2000, a notice of

proposed rulemaking was published in

the Federal Register (65 FR 6111). In

this rulemaking the Coast Guard

proposed to amend its electrical

engineering regulations for merchant

vessels by adding alternative cable

standards that were equivalent to the

existing standards. IEEE Std 45, 1998

edition was not included in that

rulemaking as an alternative standard.

In the comment process of that notice

we received numerous requests from

industry to recognize marine shipboard

electrical cable that is constructed to

IEEE Std. 45–1998 edition. We presently

recognize cable constructed to the IEEE

Std. 45–1983 edition. The 1998 edition

of IEEE Std. 45 changes the testing

requirements for marine shipboard

electrical cable, and it also requires

third party verification. We recognize

that there are types of cable found in

IEEE Std. 45–1998, that are not found in

IEEE Std. 45–1983.

The Coast Guard seeks comments

regarding the following three proposals:

1. The Coast Guard should not

recognize IEEE Std. 45–1998 edition.

2. The Coast Guard should recognize

IEEE Std. 45–1998 edition and should

remove the reference to the 1983

edition.

3. The Coast Guard should recognize

IEEE Std. 45–1998 edition and should

leave the reference to the 1983 edition.

The Coast Guard encourages the

public to submit comments on the above

three proposals.

Dated: December 27, 2000.

Joseph J. Angelo,

Director of Standards.

[FR Doc. 01–434 Filed 1–5–01; 8:45 am]

BILLING CODE 4910–15–U

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 23 and 25

[IB Docket No. 00–248, FCC 00–435]

2000 Biennial Regulatory Review

AGENCY: Federal Communications

Commission.

ACTION: Notice of proposed rulemaking.

SUMMARY: In this document, the

Commission initiates a review of the

procedures governing the processing of