Federal Register / Vol. 66, No. 70 / Wednesday, April 11, 2001 / Rules and Regulations 18723

new electrical grounds for the wheelspeed Note 4: Information concerning the . The bridges are: sensor channel of the anti-skid control box of existence of approved alternative methods of County highway bridges at Park Street, the MLG, in accordance with Part 1, 2, or 3 compliance with this AD, if any, may be mile 5.2; Fruitvale Avenue, mile 5.6; of the Accomplishment Instructions of the obtained from the International Branch, High Street, mile 6.0; and the Army ANM–116. service bulletin, as applicable. Corps of Engineers railroad bridge, mile Note 3: Installations accomplished prior to Special Flight Permits 5.6 at Fruitvale Avenue. This interim November 2, 1999, in accordance with (e) Special flight permits may be issued in rule will more accurately align rush- Fokker Service Bulletin SBF100–32–037, hour closure periods of the drawbridges dated November 12, 1990, or Revision 1, accordance with sections 21.197 and 21.199 dated November 16, 1998, are considered of the Federal Aviation Regulations (14 CFR to the present needs of commuting land acceptable for compliance with the 21.197 and 21.199) to operate the airplane to traffic, while continuing to meet the requirements of paragraph (b) of this AD. a location where the requirements of this AD reasonable needs of navigation on the can be accomplished. waterway. It states the above named New Actions Required by This AD: Incorporation by Reference bridges shall open on signal, except Revision of the Airplane Flight Manual (f) Except for the AFM revisions required that, from 8 a.m. to 9 a.m. and 4:30 p.m. to 6:30 p.m. Monday through Friday (c) Within 10 days after the effective date by paragraph (c) of this AD, the actions shall of this AD, revise the Limitations and Normal be done in accordance with Fokker Service except Federal holidays, the draw need Procedures sections of the FAA-approved Bulletin SBF100–32–067, Revision 1, dated not be opened for the passage of vessels. Airplane Flight Manual (AFM), in July 6, 1998; and Fokker Service Bulletin It also incorporates an administrative accordance with paragraphs (c)(1), (c)(2), SBF100–32–037, Revision 2, dated December change to correct the waterway mile- (c)(3) and (c)(4) of this AD. This may be 4, 1998; as applicable. This incorporation by points of the affected bridges to coincide accomplished by inserting a copy of this AD reference was approved previously by the with existing U.S. Army Corps of into the appropriate sections of the AFM. Director of the Federal Register as of Engineers measurements of the November 2, 1999 (64 FR 52219, September (1) Remove the following information from waterway. the Limitations section: 28, 1999). Copies may be obtained from Fokker Services B.V., P.O. Box 231, 2150 AE DATES: This interim rule becomes ‘‘LIFTDUMPER SYSTEM Nieuw Vennep, the Netherlands. Copies may effective on May 11, 2001. Comments DO NOT ARM THE LIFTDUMPER SYSTEM be inspected at the FAA, Transport Airplane must be received on or before July 10, BEFORE LANDING GEAR DOWN Directorate, 1601 Lind Avenue, SW., Renton, 2001. SELECTION.’’ Washington; or at the Office of the Federal ADDRESSES: Comments may be mailed (2) Add the following information to the Register, 800 North Capitol Street, NW., suite 700, Washington, DC. or hand-delivered to: Commander (oan- Limitations section in the Miscellaneous 2), Eleventh Coast Guard District, Bldg. Limitations sub-section: Note 5: The subject of this AD is addressed in Dutch airworthiness directive 1998–042/2, 50–6, Coast Guard Island, Alameda, CA ‘‘FLIGHT CONTROLS dated February 29, 2000. 94501–5100. The Commander (oan-2), NORMAL OPERATION OF LIFTDUMPERS: maintains the public docket for this DO NOT ARM THE LIFTDUMPER Effective Date rulemaking. SYSTEM BEFORE LANDING GEAR IS (g) This amendment becomes effective on FOR FURTHER INFORMATION CONTACT: Mr. DOWN AND LOCKED.’’ May 16, 2001. David H. Sulouff, Chief, Bridge Section, (3) Remove the following information from Issued in Renton, Washington, on April 2, Eleventh Coast Guard District, Building Section 5—Normal Procedures, sub-section 2001. Approach and Landing, after the subject 50–6, Coast Guard Island, Alameda, CA Approach: Donald L. Riggin, 94501–5100, phone (510) 437–3516. Acting Manager, Transport Airplane SUPPLEMENTARY INFORMATION ‘‘BEFORE LANDING : Directorate, Aircraft Certification Service. Request for Comments WARNING: DO NOT ARM THE [FR Doc. 01–8614 Filed 4–10–01; 8:45 am] LIFTDUMPER SYSTEM BEFORE BILLING CODE 4910–13–U The Coast Guard encourages all LANDING GEAR DOWN SELECTION. interested persons to participate in this Selecting Landing Gear DOWN after arming the liftdumper system may result interim rulemaking by submitting in inadvertent deployment of the DEPARTMENT OF TRANSPORTATION written data, views, or arguments. liftdumpers, because the liftdumper Persons submitting comments should arming test may be partially ineffective.’’ Coast Guard identify this rulemaking (CGD 11–99– (4) Add the following information to 013), the specific section of the rule to Section 5—Normal Procedures, sub-section 33 CFR Part 117 which each comment applies, and the Approach and Landing, after the subject [CGD 11–99–013] reason for each comment. All comments Approach: and attachments must be submitted in RIN–2115–AE47 1 ‘‘BEFORE LANDING an unbound format, no larger than 8 ⁄2 × 11 inches, suitable for copying. WARNING: DO NOT ARM THE Drawbridge Operation Regulations; Persons wanting acknowledgment of LIFTDUMPER SYSTEM BEFORE Oakland Inner Harbor Tidal Canal, receipt of comments should enclose a LANDING GEAR IS DOWN AND Alameda County, CA LOCKED.’’ stamped, self-addressed postcard or AGENCY: Coast Guard, DOT. envelope. All comments and other Alternative Methods of Compliance ACTION: Interim final rule; request for materials referenced in this notice will (d) An alternative method of compliance or comments. be available for inspection and copying adjustment of the compliance time that at the Coast Guard location under provides an acceptable level of safety may be SUMMARY: The Commander, Eleventh ADDRESSES, between 6:30 a.m. and 4 used if approved by the Manager, Coast Guard District changes the p.m. Monday through Friday except International Branch, ANM–116, Transport Airplane Directorate, FAA. Operators shall operating regulations for the railroad Federal holidays. The Coast Guard will submit their requests through an appropriate drawbridge and three highway consider all comments and material FAA Principal Maintenance Inspector, who drawbridges crossing the Oakland Inner received during the comment period may add comments and then send it to the Harbor Tidal Canal (), and may change this rule in view of Manager, International Branch, ANM–116. between Oakland and Alameda, them.

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Public Hearing single hour closure from 8 a.m. to 9 a.m. Small Entities The Coast Guard plans no public and a two-hour closure from 4:30 p.m. Under the Regulatory Flexibility Act hearing. Interested persons may request to 6:30 p.m. would more accurately (5 U.S.C. 601 et seq.), the Coast Guard a public hearing by writing to the Coast accommodate highway rush hour traffic. must consider whether this rule will Guard at the address under ADDRESSES. A review of bridge opening data have a significant economic impact on The request should include the reasons revealed a temporary 200 percent a substantial number of small entities. why a hearing would be beneficial. If it increase in openings during several The term ‘‘Small entities’’ may include determines that the opportunity for oral months preceding the comment period small businesses and not-for profit presentations will aid in this (July 1998), due to a one-time waterway organizations that are independently rulemaking, the Coast Guard will hold improvement project. The U.S. Army owned and operated and are not Corps of Engineers was consulted and a public hearing at a time and place to dominant in their respective fields, and has indicated there is no similar activity be announced by a later notice in the governmental jurisdictions with planned in the foreseeable future. Federal Register. populations less than 50,000. As set Discussion of Interim Rule forth in the Background and Purpose Background and Purpose section this rule was preceded by a This Interim Rule incorporates an The existing governing regulation, 33 Notice of Proposed Rule making no administrative change to correct the CFR 117.181, specifies that the negative comments were received by waterway mile-points of the affected small entities regarding this rule change. drawbridges need not open for the bridges to coincide with existing U.S. Therefore, the Coast Guard certifies passage of vessels from 7:30 a.m. to 8:30 Army Corps of Engineers measurements under 5 U.S.C. 605(b) that this rule, if a.m. and 3:45 p.m. to 5:45 p.m. Monday of the waterway. The new rule will read adopted, is not expected to have a through Friday, except Federal holidays. , mile 5.2 vice the significant economic impact on any The Coast Guard consulted with existing rule mile 7.3; Fruitvale Avenue substantial number of small entities. If navigation, the city of Alameda and mile 5.6 vice the existing rule mile 7.7; you think that your business, Alameda County to determine if the High Street mile 6.0 vice the existing organization, or governmental bridge closure times could be changed rule 8.1; and the U.S. army Corps of jurisdiction qualifies as a small entity to improve commuting conditions for Engineers railroad bridge Fruitvale and that this rule will have a significant land traffic. Average daily traffic counts Avenue mile 5.6 vice the existing rule impact on it, please submit a comment. were obtained for the Park Street mile 7.7. This Interim Rule also amends In your comment, explain why you drawbridge, as it is the most congested. the existing regulation to adjust the think it qualifies and how and to what Waterway traffic and requests for bridge rush-hour periods when the Oakland degree this rule would economically openings were also analyzed. On Estuary bridges need not open for the affect it. November 12, 1999, a Notice of passage of vessels. It states the above Proposed Rulemaking (NPRM), CGD11– named bridges shall open on signal, Assistance for Small Entities 99–013, in the Federal Register (64 FR except that, from 8 a.m. to 9 a.m. and In accordance with 213(a) of the 61562) identified proposed commute 4:30 p.m. to 6:30 p.m. Monday through closure periods during which all Small Business Regulatory Enforcement Friday except Federal holidays, the Fairness Act of 1996 (Public Law. 104– Oakland Estuary bridges may remain draw need not be opened for the passage closed to navigation to more adequately 121), the Coast Guard wants to assist of vessels. This changes the time period small entities in understanding this accommodate commute traffic, while in the existing rule, 7:30 a.m. to 8:30 continuing to meet the reasonable needs Interim Rule so that they can better and 3:45 p.m. to 5:45 p.m., for when the evaluate its effects on them and of navigation. It proposed altering the bridge need not open on signal. The existing governing regulation by stating participate in the rule making process. proposed change is expected to improve If your small business or organization is these draws shall open on signal; except highway traffic conditions during peak that from 8:30 a.m. to 9:30 a.m. and 5 affected by this rule and you have rush hours, while not adversely questions concerning its provisions or p.m. to 7 p.m. Monday through Friday impacting navigation on the waterway. except Federal holidays, the draws need options for compliance, please contact not be opened for the passage of vessels. Regulatory Evaluation the U.S. Coast Guard using information Eleven persons commented. Two This rule is not a ‘‘significant in ADDRESSES above. indicated no objection. One indicated regulatory action’’ under section 3(f) of Collection of Information differences in congestion times at Executive Order 12866 and does not This rule contains no collection of different drawbridges. The remaining require an assessment of potential costs information requirements under the comments proposed increasing the and benefits under section 6(a)(3) of that Paperwork Reduction Act of 1995 (44 duration of closures and creating noon- order. It has been exempted from review U.S.C. 3501 et seq.). time, rush-hour closure periods; by the Office of Management and requiring collapsible masts on all new Budget under that order. It is not Federalism boats and retrofits of all existing boats; ‘‘significant’’ under the Department of The Coast Guard has analyzed this requiring vessels to access the waterway Transportation Regulatory Policies and rule in accordance with the principles via the San Leandro Channel (1–3 foot Procedures (DOT) (44 FR 11040, and criteria contained in Executive depth at low tide); or relocating February 26, 1979). The Coast Guard Order 13132 and has determined it does businesses upstream of the estuary expects the impact of this rule to be so not have implications of federalism bridges. These remaining comments minimal that a full Regulatory under that order. have been determined not to meet the Evaluation under paragraph 10(e) of the reasonable needs of navigation. The city regulatory policies and procedures of Unfunded Mandates of Alameda provided additional DOT is unnecessary. This rule is merely The Unfunded Mandates Reform Act highway traffic counts for all estuary shifting the time the bridge need not of 1995 (2 U.S.C. 1531–1538), requires bridges. Assessment of peak congestion open on signal to coincide with rush Federal agencies to assess the effects of at the three highway bridges in 15- hour traffic it is neither extending or their regulatory actions not specifically minute increments demonstrated a shortening the closure period. required by law. In particular, the Act

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addresses actions that may result in the § 117.181 Oakland Inner Harbor Tidal mail, in person, or by courier. Please expenditure by a State, local, or tribal Canal. follow the detailed instructions for each government, in aggregate, or by the The draws of the Alameda County method as provided in Unit VI of the private sector of $100,000,000 or more highway drawbridges at Park Street, SUPPLEMENTARY INFORMATION. To ensure in any one year. Though this rule will mile 5.2; Fruitvale Avenue, mile 5.6; proper receipt by EPA, your objections not result in such an expenditure, the and High Street, mile 6.0; and the U.S. and hearing requests must identify effects of this rule are discussed Army Corps of Engineers railroad docket control number OPP–301110 in elsewhere in this preamble. drawbridge, mile 5.6 at Fruitvale the subject line on the first page of your Avenue, shall open on signal; except response. Taking of Private Property that, from 8 a.m. to 9 a.m. and 4:30 p.m. FOR FURTHER INFORMATION CONTACT: By This rule will not effect a taking of to 6:30 p.m. Monday through Friday mail: CynthiaGiles-Parker, Registration private property or otherwise have except Federal holidays, the draws need Division (7505C), Office of Pesticide taking implications under Executive not be opened for the passage of vessels. Programs, Environmental Protection Order 12630, Governmental Actions and However, the draws shall open during Agency, 1200 Pennsylvania Ave., NW., Interference with Constitutionally the above closed periods for vessels Washington, DC 20460; telephone Protected Property Rights. which must, for reasons of safety, move number: (703) 305-7740; and e-mail on a tide or slack water, if at least two Civil Justice Reform address: Cynthia [email protected]. hours notice is given. The draws shall SUPPLEMENTARY INFORMATION: This rule meets applicable standards open as soon as possible for vessels in in sections 3(a) and 3(b)(2) of Executive distress and emergency vessels, I. General Information Order 12988, Civil Justice Reform, to including commercial vessels engaged A. Does this Action Apply to Me? minimize litigation, eliminate in rescue or emergency salvage You may be affected by this action if ambiguity, and reduce burden. operations. you are an agricultural producer, food Protection of Children Dated: March 29, 2001. manufacturer, or pesticide E.R. Riutta, manufacturer. Potentially affected We have analyzed this rule under U.S. Coast Guard, Commander, Eleventh categories and entities may include, but Executive Order 13045, Protection of Coast Guard District. are not limited to: Children from Environmental Health [FR Doc. 01–8895 Filed 4–10–01; 8:45 am] Risks and Safety Risks. This rule is not BILLING CODE 4910–15–P Cat- Examples of poten- an economically significant rule and egories NAICS tially affected entities does not concern an environmental risk to health or risk to safety that may Industry 111 Crop production disproportionately affect children. ENVIRONMENTAL PROTECTION 112 Animal production AGENCY 311 Food manufacturing Environment 32532 Pesticide manufac- 40 CFR Part 180 turing The Coast Guard considered the environmental impact of this rule and [OPP–301110; FRL–6774–8] This listing is not intended to be concluded that under Commandant RIN 2070–AB78 exhaustive, but rather provides a guide Instruction M16475.1C, Figure 2–1, for readers regarding entities likely to be paragraph 32(e), this rule is Zoxamide 3,5-dichloro-N-(3-chloro-1- affected by this action. Other types of categorically excluded from further ethyl-1-methyl-2-oxopropyl)-4- entities not listed in the table could also environmental documentation, because methylbenzamide; Pesticide Tolerance be affected. The North American it is a Bridge Administration Program Industrial Classification System AGENCY: Environmental Protection action involving the promulgation of (NAICS) codes have been provided to Agency (EPA). operating requirements or procedures assist you and others in determining for a drawbridge. A Categorical ACTION: Final rule. whether or not thisaction might apply to Exclusion Determination is available in certain entities. If you have questions SUMMARY: This regulation establishes the docket for inspection or copying regarding the applicability of this action tolerances for the combined residues of where indicated under ADDRESSES. to a particular entity, consult the person zoxamide and its metabolites 3,5- listed under FOR FURTHER INFORMATION List of Subjects in 33 CFR Part 117 dichloro-1,4-benzenedicarboxylic acid CONTACT. Bridges. (RH–1455 and RH–141455) and 3,5- dichloro-4-hydroxymethylbenzoic acid B. How Can I Get Additional For the reasons set out in the (RH–1452 and RH–141452) in or on Information, Including Copies of this preamble, the Coast Guard amends Part potato, tuber; potato, granule/flake; Document and Other Related 117 of Title 33, Code of Federal potato, wet peel and residues of Documents? Regulations, as follows: zoxamide in or on grape; and grape, 1. Electronically.You may obtain PART 117—DRAWBRIDGE raisins. Rohm and Haas requested these electronic copies of this document, and OPERATION REGULATIONS tolerances under the Federal Food, certain other related documents that Drug, and Cosmetic Act, as amended by might be available electronically, from 1. The authority citation for Part 117 the Food Quality Protection Act of 1996. the EPA Internet Home Page at http:// continues to read as follows: DATES: This regulation is effective April www.epa.gov/. To access this Authority: 33 U.S.C. Sec. 499; 49 CFR 1.46; 11, 2001. Objections and requests for document, on the Home Page select 33 CFR 1.05–1(g); section 117.225 also issued hearings, identified by docket control ‘‘Laws and Regulations’’, ‘‘Regulations under the authority of Pub. L. 102–587, 106 number OPP–301110 must be received and Proposed Rules,’’ and then look up Stat. 5039. by EPA on or before June 11, 2001. the entry for this document under the 2. Section 117.181 is amended to read ADDRESSES: Written objections and ‘‘Federal Register—Environmental as follows: hearing requests may be submitted by Documents.’’ You can also go directly to

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