45716 Federal Register / Vol. 65, No. 143 / Tuesday, July 25, 2000 / Rules and Regulations PART 1327ÐPROCEDURES FOR a letter to NHTSA certifying that the ADDRESSES: Comments and material PARTICIPATING IN AND RECEIVING State wishes to be reinstated as a received from the public, as well as INFORMATION FROM THE NATIONAL participating State and that it intends to documents indicated in this preamble as DRIVER REGISTER PROBLEM DRIVER be bound by the requirements of section being available in the docket, are part of POINTER SYSTEM 205 of the NDR Act of 1982 and § 1327.5 docket (CGD01±99±029) and are of this part. It shall also describe the available for inspection or copying at 1. The authority citation for part 1327 changes necessary to meet the statutory the First Coast Guard District, Bridge continues to read as follows: and regulatory requirements of PDPS. Branch Office, 408 Atlantic Avenue, Authority: Pub.L. 97±364, 96 Stat. 1740, as (2) Within 20 days after receipt of the Boston, Massachusetts 02110, 7 a.m. to amended (49 U.S.C. 30301, et seq.); State's notification, NHTSA will 3 p.m., Monday through Friday, except delegation of authority at 49 CFR 1.50. acknowledge receipt of the State's Federal holidays. 2. Section 1327.4 is revised to read as certification to be reinstated. FOR FURTHER INFORMATION CONTACT: Mr. follows: (3) The chief driver licensing official John W. McDonald, Project Officer, First of a State that has notified NHTSA of its Coast Guard District, (617) 223±8364. § 1327.4 Certification, termination and intention to be reinstated as a SUPPLEMENTARY INFORMATION: reinstatement procedures. participating State will, at such time as (a) Certification requirement. Only it has completed all changes necessary Regulatory Information States that have been certified by to meet the statutory and regulatory On April 25, 2000, we published a NHTSA as participating States under requirements of PDPS, certify this fact to notice of proposed rulemaking (NPRM) PDPS may participate in the NDR. the agency. entitled Drawbridge Operation NHTSA will remove all records on file (4) Upon receipt, review and approval Regulations; Westchester Creek, Bronx and will not accept any inquiries or of certification from the State, NHTSA River and Hutchinson River, New York, reports from a State that has not been will recertify the State as a participating in the Federal Register (65 FR 24162). certified as a participating State. State under PDPS. We received no comments in response (b) Termination or cancellation. (1) If Issued on: July 18, 2000. to the notice of proposed rulemaking. a State finds it necessary to discontinue No public hearing was requested and participation, the chief driver licensing Rosalyn G. Millman, none was held. official of the participating State shall Deputy Administrator, National Highway notify NHTSA in writing, providing the Traffic Safety Administration. Background and Purpose reason for terminating its participation. [FR Doc. 00±18574 Filed 7±24±00; 8:45 am] (2) The effective date of termination BILLING CODE 4910±59±P Bruckner Boulevard/Eastern Boulevard will be no less than 30 days after Bridge notification of termination. The Bruckner Boulevard/Eastern (3) NHTSA will notify any DEPARTMENT OF TRANSPORTATION Boulevard Bridge, mile 1.1, across the participating State that changes its Bronx River at the Bronx, has a vertical Coast Guard operations such that it no longer meets clearance of 27 feet at mean high water statutory and regulatory requirements, and 34 feet at mean low water. The 33 CFR Part 117 that its certification to participate in the existing operating regulations for the NDR will be withdrawn if it does not [CGD01±99±070] Bruckner Boulevard/Eastern Boulevard come back into compliance within 30 RIN 2115±AE47 Bridge in 33 CFR 117.771(a) require the days from the date of notification. bridge to open on signal if at least a (4) If a participating State does not Drawbridge Operation Regulations: four-hour advance notice is given to the come back into compliance with Westchester Creek, Bronx River, and NYCDOT Radio Hotline, or NYCDOT statutory and regulatory requirements Hutchinson River, NY Bridge Operations Office. From 7 a.m. to within the 30-day period, NHTSA will 9 a.m. and 4 p.m. to 6 p.m., Monday send a letter to the chief driver licensing AGENCY: Coast Guard, DOT. through Friday, the bridge need not official cancelling its certification to ACTION: Final rule. open for vessel traffic. participate in the NDR. (5) NHTSA will remove all records on SUMMARY: The Coast Guard is changing Hutchinson River Parkway Bridge file and will not accept any inquiries or the operating rules for three New York The Hutchinson River Parkway reports from a State whose participation City bridges; the Bruckner Boulevard/ Bridge, mile 0.9, across the Hutchinson in the NDR has been terminated or Unionport Bridge, at mile 1.7, across River at the Bronx, has a vertical cancelled. Westchester Creek at the Bronx, the clearance of 30 feet at mean high water (6) To be reinstated as a participating Bruckner Boulevard/Eastern Boulevard and 38 feet at mean low water. The State after being terminated or Bridge, mile 1.1, across the Bronx River existing operating regulations for the cancelled, the chief driver licensing at the Bronx, and the Hutchinson River Hutchinson River Parkway Bridge in 33 official shall follow the notification Parkway Bridge, mile 0.9, across the CFR 117.793(b) require the bridge to procedures in paragraphs (c)(1) and (3) Hutchinson River, at the Bronx, all in open on signal if at least a six-hour of this section and must be re-certified New York. The bridge owner asked the advance notice is given. by NHTSA as a participating State Coast Guard to change the regulations to under PDPS, upon a determination by require a two-hour advance notice for Bruckner Boulevard/Unionport Bridge NHTSA that the State complies with the openings. This action is expected to The Bruckner Boulevard/Unionport statutory and regulatory requirements relieve the owner of the bridge from the Bridge, at mile 1.7, across Westchester for participation, in accordance with requirement to crew each bridge at all Creek at the Bronx, has a vertical paragraphs (c)(2) and (4) of this section. times by using a roving crew of clearance of 14 feet at mean high water (c) Reinstatement. (1) The chief driver drawtenders and still meet the and 21 feet at mean low water. The licensing official of a State that wishes reasonable needs of navigation. existing operating regulations for the to be reinstated as a participating State DATES: This rule is effective August 24, Bruckner Boulevard Bridge in 33 CFR in the NDR under the PDPS, shall send 2000. 117.815 require the bridge to open on VerDate 11<MAY>2000 15:32 Jul 24, 2000 Jkt 190000 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\25JYR1.SGM pfrm04 PsN: 25JYR1 Federal Register / Vol. 65, No. 143 / Tuesday, July 25, 2000 / Rules and Regulations 45717 signal; except that, from 7 a.m. to 9 a.m. Bruckner Boulevard/Eastern Boulevard advance. Providing a two-hour advance and 4 p.m. to 6 p.m., Monday through Bridge notice should not prevent vessels from Friday, the draw need not open for Revise the operating regulations at 33 transiting in a timely manner. vessel traffic. CFR 117.771(a) for the Bruckner Small Entities The owner of the bridges, the New Boulevard/Eastern Boulevard Bridge, York City Department of Transportation mile 1.1, across the Bronx River, to Under the Regulatory Flexibility Act (NYCDOT), submitted bridge opening require that the draw shall open on (5 U.S.C. 601±612) we considered log data to the Coast Guard for review. signal if at least a two-hour advance whether this rule would have a The bridge owner plans to operate all notice is given. The requirement that the significant economic impact on a three bridges with multiple crews of draw need not open for vessel traffic, 7 substantial number of small entities. drawtenders after a two-hour advance a.m. to 9 a.m. and 4 p.m. to 6 p.m., ``Small entities'' comprises small notice is given. The two-hour advance Monday through Friday, will remain businesses, not-for-profit organizations notice for all three bridges will make the unchanged by this action. that are independently owned and advance notice requirement consistent operated and are not dominant in their for each bridge allowing sufficient time Hutchinson River Parkway Bridge fields, and governmental jurisdictions for the roving crews of drawtenders to Revise the operating regulations at 33 with populations less than 50,000. operate all three bridges. The closed CFR 117.793(b) for the Hutchinson The Coast Guard certifies under 5 periods 7 a.m. to 9 a.m. and 4 p.m. to Parkway Bridge, mile 0.9, across the U.S.C. 605(b) that this rule will not have 6 p.m., Monday through Friday, for Hutchinson River, to require that the a significant economic impact on a Bruckner Boulevard/Unionport Bridge draw shall open on signal if at least a substantial number of small entities. and Bruckner Boulevard/Eastern two-hour advance notice is given. This conclusion is based upon the fact Boulevard Bridge will not be changed that the bridges will still open for all Bruckner Boulevard/Unionport Bridge by this rule. The number of bridge vessel traffic after a two-hour advance openings at the three bridges are as Revise the operating regulations at 33 notice is given. Commercial vessel follows: CFR 117.815 for the Bruckner transits are scheduled in advance.