<<

46868 Federal Register / Vol. 65, No. 148 / Tuesday, August 1, 2000 / Rules and Regulations product, do not [bullet] heat [bullet] statement under the heading DEPARTMENT OF TRANSPORTATION microwave [bullet] use near an open ‘‘Directions’’ and is highlighted in bold flame [bullet] add to hot water or any type] [bullet] adults and children 2 Coast Guard container where heating water. May years and older: (select one of the cause splattering and result in burns.’’ following, as appropriate: For products 33 CFR Part 117 [Information highlighted in bold type.] formulated to be added directly to cold [CGD01±99±067] (vi) For any product containing water inside a hot steam vaporizer. RIN 2115±AE47 camphor or menthol for steam [bullet] use 1 tablespoonful of solution inhalation use. ‘‘When using this 1 for each quart of water or 1 ⁄2 Drawbridge Operation Regulations: product, do not [bullet] heat [bullet] teaspoonsful of solution for each pint of , New York microwave [bullet] use near an open water [bullet] add solution directly to AGENCY: flame [bullet] add to hot water or any cold water only in a hot steam vaporizer Coast Guard, DOT. container where heating water except [bullet] follow manufacturer’s directions ACTION: Final rule. when adding to cold water only in a hot for using vaporizer or For products steam vaporizer. May cause splattering SUMMARY: The Coast Guard is changing and result in burns.’’ [Information formulated to be placed in the the operating rules for four New York highlighted in bold type.] medication chamber of a hot steam City bridges across the Gowanus (vii) For any product formulated in a vaporizer. [bullet] place water in the Canal—the Ninth Street Bridge, at mile volatile vehicle. The labeling contains vaporizer and follow manufacturer’s 1.4; the Third Street Bridge, at mile 1.8; the following statement under the directions for using vaporizer [bullet] the Carroll Street Bridge, at mile 2.0; heading ‘‘Other information’’: ‘‘Close place solution in the medication and the Union Street Bridge, at mile container tightly and store at room chamber only) [bullet] breathe in the 2.1—all in , New York. The temperature away from heat.’’ medicated vapors [bullet] use up to bridge owner asked the Coast Guard to (d) * * * three times daily or as directed by a change the regulations to require a two- (2) * * * doctor [bullet] children under 2 years of hour advance notice for openings. This (i) For products containing camphor age: Ask a doctor. action will relieve the owner of the bridge from the requirement to crew identified in § 341.14(b)(1) in a suitable (v) For products containing menthol ointment vehicle. The product contains these bridges at all times by using a identified in § 341.14(b)(2) for steam roving crew of drawtenders and still 4.7 to 5.3 percent camphor. ‘‘[bullet] see inhalation use. The product contains 3.2 important warnings under ‘When using meet the reasonable needs of navigation. percent menthol. ‘‘[bullet] see important DATES: This rule is effective August 31, this product’ ’’ [appears as the first warnings under ‘When using this statement under the heading 2000. product’ ’’[appears as the first statement ‘‘Directions’’ and is highlighted in bold ADDRESSES: Comments and material under the heading ‘‘Directions’’ and is type] [bullet] adults and children 2 received from the public, as well as years and older: [bullet] rub on the highlighted in bold type] [bullet] adults documents indicated in this preamble as throat and chest in a thick layer [bullet] and children 2 years and older: (select being available in the docket, are part of cover with a warm, dry cloth if desired one of the following, as appropriate: For docket (CGD01–99–067) and are [bullet] clothing should be loose about products formulated to be added available for inspection or copying at throat and chest to help vapors reach directly to cold water inside a hot steam the First Coast Guard District, Bridge the nose and mouth [bullet] use up to vaporizer. [bullet] use 1 tablespoonful of Branch Office, 408 Atlantic Avenue, three times daily or as directed by a solution for each quart of water or 1\1/ Boston, Massachusetts 02110, 7 a.m. to doctor [bullet] children under 2 years of 2\ teaspoonsful of solution for each pint 3 p.m., Monday through Friday, except age: Ask a doctor. of water [bullet] add solution directly to Federal holidays. (ii) For products containing menthol cold water only in a hot steam vaporizer FOR FURTHER INFORMATION CONTACT: Mr. identified in § 341.14(b)(2) in a suitable [bullet] follow manufacturer’s directions John W. McDonald, Project Officer, First ointment vehicle. The product contains for using vaporizer or For products Coast Guard District, (617) 223–8364. 2.6 to 2.8 percent menthol. ‘‘[bullet] see formulated to be placed in the SUPPLEMENTARY INFORMATION: important warnings under ‘When using medication chamber of a hot steam Regulatory Information this product’ ’’ [appears as the first vaporizer. [bullet] place water in the statement under the heading vaporizer and follow manufacturer’s On April 27, 2000, we published a ‘‘Directions’’ and is highlighted in bold directions for using vaporizer [bullet] notice of proposed rulemaking (NPRM) type] [bullet] adults and children 2 place solution in the medication entitled Drawbridge Operation years and older: [bullet] rub on the chamber only) [bullet] breathe in the Regulations; Gowanus Canal, New York, throat and chest in a thick layer [bullet] medicated vapors [bullet] use up to in the Federal Register (65 FR 24664). cover with a warm, dry cloth if desired three times daily or as directed by a We received no comments in response to the notice of proposed rulemaking. [bullet] clothing should be loose about doctor [bullet] children under 2 years of No public hearing was requested and throat and chest to help vapors reach age: Ask a doctor. the nose and mouth [bullet] use up to none was held. * * * * * three times daily or as directed by a Background and Purpose doctor [bullet] children under 2 years of Dated: July 21, 2000. age: Ask a doctor. Margaret M. Dotzel, Ninth Street Bridge * * * * * Associate Commissioner for Policy. The Ninth Street Bridge, at mile 1.4, (iv) For products containing camphor [FR Doc. 00–19302 Filed 7–31–00; 8:45 am] across the Gowanus Canal at Brooklyn, identified in § 341.14(b)(1) for steam has a vertical clearance of 5 feet at mean inhalation use. The product contains 6.2 BILLING CODE 4160±01±F high water and 9 feet at mean low water. percent camphor. ‘‘[bullet] see The existing operating regulations for important warnings under ‘When using the Ninth Street Bridge require the this product’ ’’ [appears as the first bridge to open on signal at all times.

VerDate 112000 12:00 Jul 31, 2000 Jkt 190000 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\01AUR1.SGM pfrm07 PsN: 01AUR1 Federal Register / Vol. 65, No. 148 / Tuesday, August 1, 2000 / Rules and Regulations 46869

Third Street Bridge Carroll Street Bridge MHW and 13 feet at MLW. The existing regulations require the draw to open on The Third Street Bridge, at mile 1.8, The Carroll Street Bridge, at mile 2.0, has a vertical clearance of 3 feet at signal at all times; except that, from May across the Gowanus Canal at Brooklyn, MHW and 7 feet at MLW. The existing 1 through September 30, the draw shall has a vertical clearance of 10 feet at regulations require the draw to open on open after a six-hour advance notice is mean high water and 14 feet at mean signal at all times; except that, from May given to the Highway low water. The existing operating 1 through September 30, the draw shall Department’s Radio (Hotline) Room. regulations in 33 CFR 117.787, require open after a six-hour advance notice is the draw to open on signal at all times; The owner of all four bridges, the given to the New York City Highway New York City Department of except that, from May 1 through Department’s Radio (Hotline) Room. September 30, the draw shall open on Transportation (NYCDOT), submitted signal after a six-hour advance notice is Union Street Bridge bridge opening log data to the Coast given to the New York City Highway The Union Street Bridge, at mile 2.1, Guard for review. Department’s Radio (Hotline) Room. has a vertical clearance of 9 feet at

1991 1992 1993 1994 1995 1996 1997 1998 1999

Ninth ...... 864 984 927 836 0 0 0 0 423 Third ...... 410 549 663 732 432 256 149 107 244 Carroll ...... 517 627 669 704 432 245 142 114 228 Union ...... 502 547 657 713 432 236 144 104 245

The bridge owner plans to operate rule is expected to relieve the bridge crews is expected to provide bridge these bridges with a roving crew of owner of the burden of crewing each openings in a timely manner. The drawtenders. A review of the monthly bridge continually, establish a Hamilton Avenue Bridge, mile 1.2, also breakdown of the opening data did not consistent bridge operating schedule for across Gowanus Canal was not included identify any months that had a the bridges listed in this rulemaking, in the roving drawtender plan because significantly higher number of openings and still meet the reasonable needs of the frequency of bridge openings were that would make the roving crew navigation. considerably higher than the other concept unworkable. The waterway bridges on this waterway. users are all commercial vessels which Discussion of Proposal operate year round. They presently The Coast Guard is revising the Regulatory Evaluation provide a six-hour advance notice May operating regulations for the Gowanus This rule is not a ‘‘significant 1 through September 30 at all the above Canal at 33 CFR 117.787 as follows: regulatory action’’ under section 3(f) of bridges except the Ninth Street Bridge, Executive Order 12866 and does not Ninth Street Bridge which is required to open on signal. require an assessment of potential costs The bridge owner has requested that Add operating regulations for the and benefits under section 6(a)(3) of that all four bridges open after a two-hour Ninth Street Bridge, mile 1.4, Across the Order. The Office of Management and advance notice is given year round. This Gowanus Canal to require that the draw Budget has not reviewed it under that advance notice requirement will allow shall open on signal, if at least a two- Order. It is not ‘‘significant’’ under the the bridge owner to use a roving crew hour advance notice is given. regulatory policies and procedures of of drawtenders to operate these bridges. the Department of Transportation (DOT) Third Street Bridge The Coast Guard believes this rule is (44 FR 11040; February 26, 1979). This reasonable based upon the fact that Revise the operating regulations for conclusion is based on the fact that three of the bridges presently open after the Third Street Bridge, mile 1.8, across three of the bridges presently open after a six-hour notice May 1 through the Gowanus Canal to require that the a six-hour notice May 1 through September 30, which is greater than the draw shall open on signal, if at least a September 30, which is greater than the two-hour notice during those five two-hour advance notice is given. proposed two-hour notice during those months. Carroll Street Bridge five months. The Coast Guard believes that the The Coast Guard believes that the two-hour advance notice October 1 Revise the operating regulations for two-hour advance notice October 1 through April 30 is reasonable because the Carroll Street, mile 2.0, across the through April 30 is reasonable because the bridges will still open on signal Gowanus Canal to require that the draw the bridges will still open on signal provided the two-hour notice is given. shall open on signal, if at least a two- provided the two-hour notice is given. The commercial vessel transits on hour advance notice is given. The commercial vessel movements on Gowanus Canal are scheduled in Union Street Bridge Gowanus Canal are scheduled in advance. Providing a two-hour notice advance by the commercial operators. for bridge openings for the additional Revise the operating regulations for Providing two-hours notice for bridge seven months of the year, October 1 the Union Street, mile 2.1, across the openings for the additional seven through April 30, should not prevent Gowanus Canal to require that the draw months of the year, October 1 through vessels from transiting the waterway in shall open on signal, if at least a two- April 30, should not prevent vessels a timely manner. hour advance notice is given. from still transiting the waterway in a The reduction from six-hours advance Notice for bridge openings shall be timely manner. notice to two-hours advance notice given to the NYCDOT Hotline or during the remaining five months of the NYCDOT Bridge Operation Office. Small Entities year, May 1 through September 30, The bridge owner plans to use two Under the Regulatory Flexibility Act should make vessel transits easier to crews of drawtenders to operate the (5 U.S.C. 601–612) we considered schedule during that time period. This Gowanus Canal bridges. The use of two whether this rule would have a

VerDate 112000 15:38 Jul 31, 2000 Jkt 190000 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\01AUR1.SGM pfrm08 PsN: 01AUR1 46870 Federal Register / Vol. 65, No. 148 / Tuesday, August 1, 2000 / Rules and Regulations significant economic impact on a Civil Justice Reform Dated: July 19, 2000. substantial number of small entities. G.N. Naccara, ‘‘Small entities’’ comprises small This rule meets applicable standards Rear Admiral, U.S. Coast Guard, Commander, businesses, not-for-profit organizations in sections 3(a) and 3(b)(2) of Executive First Coast Guard District. that are independently owned and Order 12988, Civil Justice Reform, to [FR Doc. 00–19396 Filed 7–31–00; 8:45 am] operated and are not dominant in their minimize litigation, eliminate BILLING CODE 4910±15±P fields, and governmental jurisdictions ambiguity, and reduce burden. with populations less than 50,000. Protection of Children The Coast Guard certifies under 5 DEPARTMENT OF TRANSPORTATION U.S.C. 605(b) that this rule will not have We have analyzed this rule under a significant economic impact on a Executive Order 13045, Protection of Coast Guard substantial number of small entities. Children from Environmental Health 33 CFR Part 117 This conclusion is based on the fact that Risks and Safety Risks. This rule is not three of the bridges presently open after an economically significant rule and a six-hour notice May 1 through does not concern an environmental risk [CGD01±99±069] September 30, which is greater than the to health or risk to safety that may proposed two-hour notice during those disproportionately affect children. RIN 2115±AE47 five months. The Coast Guard believes that the Environment Drawbridge Operation Regulations: two-hour advance notice October 1 Newtown Creek, Dutch Kills, English The Coast Guard considered the through April 30 is reasonable because Kills and their tributaries, New York the bridges will still open on signal environmental impact of this rule and provided the two-hour notice is given. concluded that under figure 2–1, AGENCY: Coast Guard, DOT. The commercial vessel transits on paragraph (32)(e) of Commandant ACTION: Final rule. Gowanus Canal are scheduled in Instruction M16475.1C, this rule is advance by the commercial operators. categorically excluded from further SUMMARY: The Coast Guard is changing Providing two-hours notice for bridge environmental documentation because the drawbridge operation regulations for openings for the additional seven promulgation of changes to drawbridge six New York City bridges: The Pulaski months of the year, October 1 through regulations have been found to not have Bridge, at mile 0.6, across Newtown April 30, when the bridge formerly a significant effect on the environment. Creek between Brooklyn and ; opened on signal, should not prevent A ‘‘Categorical Exclusion the , at mile vessels from still transiting the Determination’’ is available in the 1.3, across the Newtown Creek between waterway in a timely manner. docket for inspection or copying where Brooklyn and Queens; the Grand Street/ indicated under ADDRESSES. Avenue Bridge, at mile 3.1, across Collection of Information Newtown Creek (East Branch) between List of Subjects in 33 CFR Part 117 This rule calls for no new collection Brooklyn and Queens; the Metropolitan Avenue Bridge, at mile 3.4, across of information under the Paperwork Bridges. Reduction Act of 1995 (44 U.S.C. 3501– English Kills at Brooklyn; the Borden 3520). Regulations Avenue Bridge, at mile 1.2, across Dutch Kills at Queens; and the Hunters Point Federalism For the reasons set out in the Avenue Bridge, at mile 1.4, across Dutch We have analyzed this rule under preamble, the Coast Guard amends 33 Kills at Queens all in New York. Executive Order 13132 and have CFR part 117 as follows: The bridge owner asked the Coast determined that this rule does not have Guard to change the regulations to implications for federalism under that PART 117ÐDRAWBRIDGE require a two-hour advance notice for Order. OPERATION REGULATIONS openings. It is expected to relieve the bridge owner from the requirement to Unfunded Mandates Reform Act 1. The authority citation for part 117 crew the bridges at all times by using The Unfunded Mandates Reform Act continues to read as follows: multiple crews of drawtenders and still of 1995 (2 U.S.C. 1531–1538) governs Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 meet the reasonable needs of navigation. the issuance of Federal regulations that CFR 1.05–1(g); section 117.255 also issued DATES: This rule is effective August 31, require unfunded mandates. An under the authority of Pub. L. 102–587, 106 2000. unfunded mandate is a regulation that Stat. 5039. ADDRESSES: Comments and material requires a State, local, or tribal 2. Section 117.787 is revised to read received from the public, as well as government or the private sector to as follows: documents indicated in this preamble as incur direct costs without the Federal being available in the docket, are part of Government’s having first provided the § 117.787 Gowanus Canal docket (CGD01–99–069) and are funds to pay those unfunded mandate The draws of the Ninth Street Bridge, available for inspection or copying at costs. This rule will not impose an the First Coast Guard District, Bridge unfunded mandate. mile 1.4, the Third Street Bridge, mile 1.8, the Carroll Street Bridge, mile 2.0, Branch Office, 408 Atlantic Avenue, Taking of Private Property and the Union Street Bridge, mile 2.1, Boston, Massachusetts, 02110, 7 a.m. to at Brooklyn, shall open on signal, if at 3 p.m., Monday through Friday, except This rule will not effect a taking of Federal holidays. private property or otherwise have least a two-hour advance notice is given taking implications under Executive to the New York City Department of FOR FURTHER INFORMATION CONTACT: John Order 12630, Governmental Actions and Transportation (NYCDOT), Radio W. McDonald, Project Officer, First Interference with Constitutionally Hotline, or the NYCDOT Bridge Coast Guard District, (617) 223–8364. Protected Property Rights. Operations Office. SUPPLEMENTARY INFORMATION:

VerDate 112000 12:00 Jul 31, 2000 Jkt 190000 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\01AUR1.SGM pfrm07 PsN: 01AUR1