23590 Federal Register / Vol. 68, No. 86 / Monday, May 5, 2003 / Rules and Regulations

(iii) If, on the other hand, B requests that facilitate the running of the Five $40,000 (which was the value of the ABC Borough Bike Tour. Vessels that can Corp. shares on November 1) be The Pulaski Bridge, at mile 0.6, across pass under the bridges without a bridge the Newtown Creek between Brooklyn recharacterized, the net income allocable to opening may do so at any time. the $40,000 is $4,000 [$40,000 × ($110,000 ¥ and Queens, has a vertical clearance of $100,000) ÷ $100,000]. Therefore, in order to DATES: This rule is effective on May 4, 39 feet at mean high water and 43 feet recharacterize $40,000 of the April 1, 2004, 2003. at mean low water in the closed conversion contribution on November 1, ADDRESSES: Documents indicated in this position. The existing operating 2004, the Roth IRA trustee must transfer from preamble as being available in the regulations listed at § 117.801(g). Taxpayer B’s Roth IRA to a traditional IRA docket are part of docket (CGD01–03– The owner of the bridges, New York assets with a value of $44,000 [$40,000 + 016) and are available for inspection or $4,000]. City Department of Transportation copying at the First Coast Guard requested a change to the operating (iv) Regardless of the amount of the District, Bridge Administration Office, contribution recharacterized, the regulations for the Third Avenue Bridge, determination of that amount (or of the net 408 Atlantic Avenue, Boston, the Bridge, and the income allocable thereto) is not affected by Massachusetts, 02110–3350, between 7 Pulaski Bridge, to facilitate the running whether the recharacterization is a.m. and 3 p.m., Monday through of the Five Borough Bike Tour on accomplished by the transfer of shares of Friday, except Federal holidays. Sunday, May 4, 2003. ABC Corp. or of shares of XYZ Corp. FOR FURTHER INFORMATION CONTACT: Mr. Under this temporary final rule the (7) This paragraph (c) applies for Joseph Schmied, Project Officer, First Third Avenue Bridge, at mile 1.9, and purposes of determining net income Coast Guard District, (212) 668–7165. the Madison Avenue Bridge, at mile 2.3, attributable to IRA contributions, made SUPPLEMENTARY INFORMATION: may remain in the closed position from on or after January 1, 2004. For purposes Regulatory Information 8 a.m. to 12 p.m. on Sunday, May 4, of determining net income attributable 2003. The Pulaski Bridge, at mile 0.6, to IRA contributions made before We did not publish a notice of across Newtown Creek, may remain in January 1, 2004, see paragraph (c) of this proposed rulemaking (NPRM) for this the closed position from 9:30 a.m. to A–2 of § 1.408A–5 (as it appeared in the regulation. Under 5 U.S.C. 553(b)(B), the 11:30 a.m. on Sunday, May 4, 2003. April 1, 2003, edition of 26 CFR part 1). Coast Guard finds that good cause exists Vessels that can pass under the bridges for not publishing an NPRM, and under * * * * * without a bridge opening may do so at 5 U.S.C. 553(d)(3), the Coast Guard finds all times. David A. Mader, that good cause exists for making this Assistant Deputy Commissioner of Internal rule effective in less than 30 days after Regulatory Evaluation Revenue. publication in the Federal Register. The This rule is not a ‘‘significant Approved: April 25, 2003. Coast Guard believes this action is regulatory action’’ under section 3(f) of Pamela F. Olson, reasonable because the requested Executive Order 12866, Regulatory Assistant Secretary of the Treasury. closures are of short duration on a Planning and Review, and does not Sunday when the bridges normally have [FR Doc. 03–11046 Filed 5–2–03; 8:45 am] require an assessment of potential costs no requests to open. The River BILLING CODE 4830–01–P and benefits under section 6(a)(3), of and the Newtown Creek are navigated that Order. The Office of Management predominantly by commercial vessels and Budget has not reviewed it under that pass under the bridges without that Order. It is not ‘‘significant’’ under DEPARTMENT OF HOMELAND bridge openings. The few commercial the regulatory policies and procedures SECURITY vessels that do require openings are of the Department of Homeland Security work barges that do not operate on Coast Guard (DHS). Sundays. Any delay encountered in this This conclusion is based on the fact regulation’s effective date would be 33 CFR Part 117 that the requested closures are of short unnecessary and contrary to the public duration on a Sunday morning when the [CGD01–03–016] interest since immediate action is bridges normally do not receive any needed to close the bridge in order to requests to open. RIN 1625–AA09 provide for public safety and the safety of the race participants. Small Entities Drawbridge Operation Regulations; , Newtown Creek, NY. Background and Purpose Under the Regulatory Flexibility Act (5 U.S.C. 601–612), we considered AGENCY: Coast Guard, DHS. Third Avenue Bridge whether this rule would have a ACTION: Temporary final rule. The Third Avenue Bridge, at mile 1.9, significant economic impact on a across the Harlem River between substantial number of small entities. SUMMARY: The Coast Guard is and , has a vertical The term ‘‘small entities’’ comprises establishing a temporary final rule clearance of 25 feet at mean high water small businesses, not-for-profit governing the operation of the Third and 30 feet at mean low water in the organizations that are independently Avenue Bridge, mile 1.9, across the closed position. The existing operating owned and operated and are not Harlem River between Manhattan and regulations are listed at § 117.789 (c). dominant in their fields, and the Bronx; the Madison Avenue Bridge, governmental jurisdictions with mile 2.3, across the Harlem River Madison Avenue Bridge populations less than 50,000. between Manhattan and the Bronx; and The Madison Avenue Bridge, at mile The Coast Guard certifies under 5 the Pulaski Bridge, mile 0.6, across 2.3, across the Harlem River between U.S.C. 605(b), that this rule will not Newtown Creek between Brooklyn and Manhattan and the Bronx, has a vertical have a significant economic impact on Queens. This temporary final rule clearance of 25 feet at mean high water a substantial number of small entities. authorizes the bridge owner to close the and 29 feet at mean low water in the This conclusion is based on the fact above bridges on May 4, 2003, at closed position. The existing operating that requested closures are of short different times of short duration to regulations listed at § 117.789(c). duration on a Sunday morning when the

VerDate Jan<31>2003 14:27 May 02, 2003 Jkt 200001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\05MYR1.SGM 05MYR1 Federal Register / Vol. 68, No. 86 / Monday, May 5, 2003 / Rules and Regulations 23591

bridges normally do not receive any Federal Government and Indian tribes, two Broadway Bridges, mile 6.8, shall requests to open. or on the distribution of power and open on signal from 10 a.m. to 5 p.m. responsibilities between the Federal if at least four-hours notice is given to Collection of Information Government and Indian tribes. the Highway Radio This rule calls for no new collection (Hotline) Room. The Third Avenue Energy Effects of information under the Paperwork Bridge, mile 1.9, and the Madison Reduction Act of 1995 (44 U.S.C. 3501– We have analyzed this rule under Avenue Bridge, mile 2.3, need not open 3520). Executive Order 13211, Actions for vessel traffic from 8 a.m. to 12 p.m. Concerning Regulations That Federalism on Sunday, May 4, 2003. Significantly Affect Energy Supply, ■ 3. In § 117.801, from 9:30 a.m. through A rule has implications for federalism Distribution, or Use. We have 11:30 a.m. on May 4, 2003, paragraph (g) under Executive Order 13132, determined that it is not a ‘‘significant is suspended and a new paragraph (h) is Federalism, if it has a substantial direct energy action’’ under that order because added to read as follows: effect on State or local governments and it is not a ‘‘significant regulatory action’’ would either preempt State law or under Executive Order 12866 and is not § 117.801 Newtown Creek, Dutch Kills, impose a substantial direct cost of likely to have a significant adverse effect English Kills, and their tributaries. compliance on them. We have analyzed on the supply, distribution, or use of * * * * * this rule under that Order and have energy. It has not been designated by the (h) The draw of the of the Greenpoint determined that it does not have Administrator of the Office of Avenue Bridge, mile 1.3, shall open on implications for federalism. Information and Regulatory Affairs as a signal if at least a two-hour advance Unfunded Mandates Reform Act significant energy action. Therefore, it notice is given to the New York City does not require a Statement of Energy Department of Transportation Radio The Unfunded Mandates Reform Act Effects under Executive Order 13211. (Hotline) Room. The Pulaski Bridge, of 1995 (2 U.S.C. 1531–1538) requires Environment mile 0.6, need not open for vessel traffic Federal agencies to assess the effects of from 9:30 a.m. to 11:30 a.m. on May 4, their discretionary regulatory actions. In We have considered the 2003. particular, the Act addresses actions environmental impact of this rule and Dated: April 25, 2003. that may result in the expenditure by concluded that under figure 2–1, State, local, or tribal government, in the paragraph (32)(e), of Commandant Vivien S. Crea, aggregate, or by the private sector of Instruction M16475.1D, this rule is Rear Admiral, Coast Guard, Commander, $100,000,000 or more in any one year. categorically excluded from further First Coast Guard District. Though this rule will not result in such environmental documentation because [FR Doc. 03–11035 Filed 5–2–03; 8:45 am] an expenditure, we do discuss the promulgation of changes to drawbridge BILLING CODE 4910–15–U effects of this rule elsewhere in this regulations have been found to not have preamble. a significant effect on the environment. A ‘‘Categorical Exclusion DEPARTMENT OF HOMELAND Taking of Private Property Determination’’ is available in the SECURITY This rule will not affect a taking of docket for inspection or copying where Coast Guard private property or otherwise have indicated under ADDRESSES. taking implications under Executive Order 12630, Governmental Actions and List of Subjects in 33 CFR Part 117 33 CFR Part 165 Interference with Constitutionally Bridges. [COTP Houston–Galveston–02–009] Protected Property Rights. Regulations RIN 1625–AA00 [Formerly RIN 2115–AA97] Civil Justice Reform ■ For the reasons set out in the preamble, Security Zones; Captain of the Port This rule meets applicable standards the Coast Guard amends 33 CFR part 117 Houston-Galveston Zone in sections 3(a) and 3(b)(2) of Executive as follows: Order 12988, Civil Justice Reform, to AGENCY: Coast Guard, DHS. minimize litigation, eliminate PART 117—DRAWBRIDGE ACTION: Final rule. ambiguity, and reduce burden. OPERATION REGULATIONS Protection of Children ■ 1. The authority citation for part 117 SUMMARY: The Coast Guard is continues to read as follows: establishing security zones within the We have analyzed this rule under Ports of Houston, Morgan’s Point, Executive Order 13045, Protection of Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 Bayport, Texas City, and Freeport, CFR 1.05–1(g); section 117.255 also issued Children from Environmental Health Texas. These zones are needed to Risks and Safety Risks. This rule is not under the authority of Pub. L. 102–587, 106 Stat. 5039. protect waterfront facilities, persons, an economically significant rule and and vessels from subversive or terrorist does not concern an environmental risk ■ 2. In § 117.789, from 8 a.m. through 12 acts. Entry of persons and vessels into to health or risk to safety that may p.m. on May 4, 2003, paragraph (c) is these zones is prohibited except as disproportionately affect children. temporarily suspended and a new tem- authorized by this rule or by the Captain Indian Tribal Governments porary paragraph (g) is added to read as of the Port Houston-Galveston. follows: This final rule does not have tribal DATES: This rule is effective April 15, implications under Executive Order § 117.789 Harlem River. 2003. 13175, Consultation and Coordination * * * * * ADDRESSES: Comments and material with Indian Tribal Governments, (g) The draws of the bridges at 103 received from the public, as well as because it does not have substantial Street, mile 0.0, Willis Avenue, mile 1.5, documents indicated in this preamble as direct effect on one or more Indian 145 Street, mile 2.8, Macombs Dam, being available in the docket, are part of tribes, on the relationship between the mile 3.2, 207 Street, mile 6.0, and the docket [COTP Houston-Galveston–02–

VerDate Jan<31>2003 14:27 May 02, 2003 Jkt 200001 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\05MYR1.SGM 05MYR1