21686 Federal Register / Vol. 65, No. 79 / Monday, April 24, 2000 / Proposed Rules

given, that train may continue across the

bridge, but must clear the interlock

before stopping.

(b) The draws of the Long Island

Railroad bridges, at mile 1.1, across

Dutch Kills at Queens, shall open on

signal if at least six-hours advance

notice is given to the Long Island

Railroad Movement Bureau, except as

provided in paragraph (a)(2) of this

section.

(c) The draw of the Borden Avenue

Bridge, mile 1.2, across Dutch Kills at

Queens, shall open on signal if at least

a two-hour advance notice is given to

the New York City Department of

Transportation (NYCDOT) Radio

Hotline or NYCDOT Bridge Operations

Office.

(d) The draw of the Hunters Point

Avenue Bridge, mile 1.4, across Dutch

Kills at Queens, shall open on signal if

at least a two-hour advance notice is

given to the New York City Department

of Transportation (NYCDOT) Radio

Hotline or the NYCDOT Bridge

Operations Office.

(e) The draw of the Metropolitan

Avenue Bridge, mile 3.4, across English

Kills at New York City, shall open on

signal if at least a two-hour advance

notice is given to the New York City

Department of Transportation

(NYCDOT) Radio Hotline or the

NYCDOT Bridge Operations Office.

(f) The draw of the Grand Street/

Avenue Bridge, mile 3.1, across

Newtown Creek (East Branch) between

Brooklyn and Queens, shall open on

signal if at least a two-hour advance

notice is given to the New York City

Department of Transportation

(NYCDOT) Radio Hotline or the

NYCDOT Bridge Operations Office.

(g) The draws of the Pulaski Bridge,

mile 0.6, and the Greenpoint Avenue

Bridge, mile 1.3, both across the

Newtown Creek between Brooklyn and

Queens, shall open on signal if at least

a two-hour advance notice given to the

New York City Department of

Transportation (NYCDOT) Radio

Hotline or NYCDOT Bridge Operations

Office.

Dated: April 6, 2000.

G.N. Naccara,

Rear Admiral, U.S. Coast Guard Commander,

First Coast Guard District.

[FR Doc. 00–10154 Filed 4–21–00; 8:45 am]

BILLING CODE 4910–15–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01–00–015]

RIN 2115–AA97

Safety Zone: Staten Island Fireworks,

Arthur Kill

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard proposes to

establish two temporary safety zones on

the Arthur Kill for two Borough of

Staten Island Fireworks displays. This

action is necessary to provide for the

safety of life on navigable waters during

the event. This action is intended to

restrict vessel traffic on a portion of the

Arthur Kill.

DATES: Comments and related material

must reach the Coast Guard on or before

June 23, 2000.

ADDRESSES: You may mail comments

and related material to Waterways

Oversight Branch (CGD01–00–015),

Coast Guard Activities New York, 212

Coast Guard Drive, room 205, Staten

Island, New York 10305. The

Waterways Oversight Branch of Coast

Guard Activities New York 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 room 205,

Coast Guard Activities New York,

between 8 a.m. and 3 p.m., Monday

through Friday, except federal holidays.

FOR FURTHER INFORMATION CONTACT:

Lieutenant J. Lopez, Waterways

Oversight Branch, Coast Guard

Activities New York (718) 354–4193.

SUPPLEMENTARY INFORMATION:

Request for Comments

We encourage you to participate in

this rulemaking by submitting

comments and related material. If you

do so, please include your name and

address, identify the docket number for

this rulemaking (CGD01–00–015),

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 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

Waterways Oversight 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 Borough of Staten Island has

submitted an Application for Approval

of a Marine Event for a fireworks

display on the Arthur Kill. This

proposed regulation establishes a

temporary safety zone in all waters of

the Arthur Kill, Ward Point Bend

(West), and the Raritan River Cutoff,

within a 300-yard radius of the

fireworks barge in approximate position

40°30′18′′ N 074°15′30′′ W (NAD 1983),

about 250 yards northwest of Raritan

Bay Channel Buoy 60 (LLNR 36319).

The proposed safety zone would be

effective from 8:15 p.m. (e.s.t.) until 9:45

p.m. (e.s.t.) on July 2, and September 2,

2000. If either event is cancelled due to

inclement weather, then this proposed

safety zone would be effective from 8:15

p.m. (e.s.t.) until 9:45 p.m. (e.s.t.) on

July 3, and September 3, 2000. The

proposed safety zone prevents vessels

from transiting a portion of the Arthur

Kill, Ward Point Bend (West), and the

Raritan River Cutoff for approximately

45 minutes of the 90 minute long event,

and is needed to protect boaters from

the hazards associated with fireworks

launched from a barge in the area.

Public notifications will be made prior

to the events via local notice to

mariners, and marine information

broadcasts.

Discussion of Proposed Rule

The proposed safety zone is for the

Borough of Staten Island Fireworks

displays held on the Arthur Kill. This

event will be held on Sunday, July 2,

and Saturday, September 2, 2000, from

8:15 p.m. (e.s.t.) until 9:45 p.m. (e.s.t.).

If either event is canceled due to

inclement weather, then the event will

be held on Monday, July 3, and Sunday,

September 3, 2000, from 8:15 p.m.

(e.s.t.) until 9:45 p.m. (e.s.t.). This rule

is being proposed to provide for the

safety of life on navigable waters during

the events and to give the marine

community the opportunity to comment

on this event.

The proposed size of this safety zone

was determined using National Fire

Federal Register / Vol. 65, No. 79 / Monday, April 24, 2000 / Proposed Rules 21687

Protection Association and New York

City Fire Department Standards for 10

inch mortars fired from a barge,

combined with the Coast Guard’s

knowledge of tide and current

conditions in the area.

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

section 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;

February 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.

Although this regulation prevents

traffic from transiting a portion of the

Arthur Kill during the event, the effect

of this regulation will not be significant

for several reasons: commercial facilities

in the Arthur Kill and the Sandy Hook

Pilots Association will be notified of

this proposal, recreational vessels will

be able to transit through the western 50

yards of the Arthur Kill during the

event, recreational vessels would not be

precluded from getting underway, or

mooring at, any piers or marinas

currently located in the vicinity of the

safety zone, and advance notifications

which will be made to the local

maritime community by the Local

Notice to Mariners, and marine

information broadcasts. Additionally,

commercial vessels will normally be

precluded from entering the zone for

only a 45-minute period during the

effective period of the safety zone.

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 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 proposed rule would affect the

following entities, some of which might

be small entities: the owners or

operators of vessels intending to transit

a portion of the Arthur Kill, Ward Point

Bend (West), and the Raritan River

Cutoff during the time this zone is

activated.

This safety zone would not have a

significant economic impact on a

substantial number of small entities for

the following reasons: commercial

facilities in the Arthur Kill and the

Sandy Hook Pilots Association will be

notified of this proposal, recreational

vessels will be able to transit through

the western 50 yards of the Arthur Kill

during these times. Recreational vessels

would not be precluded from getting

underway, or mooring at, any piers or

marinas currently located in the vicinity

of the proposed safety zone.

Additionally, commercial vessels will

normally be precluded from entering the

zone for only a 45-minute period during

the effective period of the safety zone.

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.

Assistance for Small Entities

Under section 213(a) of the Small

Business Regulatory Enforcement

Fairness Act of 1996 (Pub. L. 104–121),

we want to assist small entities in

understanding this proposed rule so that

they can better evaluate its effects on

them and participate in the rulemaking.

If the rule would affect your small

business, organization, or governmental

jurisdiction and you have questions

concerning its provisions or options for

compliance, please contact Lieutenant J.

Lopez, Waterways Oversight Branch,

Coast Guard Activities New York (718)

354–4193.

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 E.O. 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 E.O.

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

E.O. 12988, Civil Justice Reform, to

minimize litigation, eliminate

ambiguity, and reduce burden.

Protection of Children

We have analyzed this proposed rule

under E.O. 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 34(g), of Commandant

Instruction M16475.1C, this proposed

rule is categorically excluded from

further environmental documentation.

This proposed rule fits paragraph 34(g)

as it establishes a safety zone. A

‘‘Categorical Exclusion Determination’’

is available in the docket where

indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and recordkeeping

requirements, Security measures,

Waterways.

For the reasons discussed in the

preamble, the Coast Guard proposes to

amend 33 CFR part 165 as follows:

PART 165—REGULATED NAVIGATION

AREAS AND LIMITED ACCESS AREAS

1. The authority citation for part 165

continues to read as follows:

Authority: 33 U.S.C. 1231; 50 U.S.C. 191;

33 CFR 1.05–1(g), 6.04–1, 6.04–6, 160.5; 49

CFR 1.46.

2. Add temporary § 165.T01–015 to

read as follows:

21688 Federal Register / Vol. 65, No. 79 / Monday, April 24, 2000 / Proposed Rules

§ 165.T01–015 Safety zone: Staten Island

fireworks, Arthur Kill.

(a) Location. The following area is a

safety zone: All waters of the Arthur Kill

within a 300-yard radius of the

fireworks barge in approximate position

40°3018 N 074°1500 W (NAD 1983),

about 250 yards northwest of Raritan

Bay Channel Buoy 60 (LLNR 36319).

(b) Effective Period. This section is

effective from 8:15 p.m. (e.s.t.) until 9:45

p.m. (e.s.t.) on July 2, and from 8:15

p.m. (e.s.t.) until 9:45 p.m. (e.s.t.) on

September 2, 2000. If either event is

cancelled due to inclement weather,

then this section is effective from 8:15

p.m. (e.s.t.) until 9:45 p.m. (e.s.t.) on

July 3, and 8:15 p.m. (e.s.t.) until 9:45

p.m. (e.s.t.) on September 3, 2000.

(c) Regulations. (1) The general

regulations contained in 33 CFR 165.23

apply.

(2) All persons and vessels shall

comply with the instructions of the

Coast Guard Captain of the Port or the

designated on-scene-patrol personnel.

These personnel comprise

commissioned, warrant, and petty

officers of the Coast Guard. Upon being

hailed by a U. S. Coast Guard vessel by

siren, radio, flashing light, or other

means, the operator of a vessel shall

proceed as directed.

Dated: April 7, 2000.

R.E. Bennis

Captain, U.S. Coast Guard, Captain of the

Port, New York.

[FR Doc. 00–10153 Filed 4–21–00; 8:45 am]

BILLING CODE 4910–15–U

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[Region VII Tracking No. MO 098–1098a;

FRL–6583–3]

Approval and Promulgation of

Implementation Plans; State of

Missouri

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA proposes to approve the

Eagle-Picher Technologies’ LLC Consent

Agreement as a revision to the Missouri

State Implementation Plan (SIP). This

Consent Agreement ensures that the

operation of the newly installed

emissions controls at the Chemicals

Divisions in Joplin, Missouri, are

permanent, enforceable, and

measurable.

In the final rules section of the

Federal Register, EPA is approving the

state’s SIP revision as a direct final rule

without prior proposal because the

Agency views this as a noncontroversial

revision amendment and anticipates no

relevant adverse comments to this

action. A detailed rationale for the

approval is set forth in the direct final

rule. If no relevant adverse comments

are received in response to this action,

no further activity is contemplated in

relation to this action. If EPA receives

relevant adverse comments, the direct

final rule will be withdrawn and all

public comments received will be

addressed in a subsequent final rule

based on this proposed action. EPA will

not institute a second comment period

on this action. Any parties interested in

commenting on this action should do so

at this time.

DATES: Comments must be received on

or before May 24, 2000.

ADDRESSES: Written comments should

be mailed to Kim Johnson, Air Planning

and Development Branch, 901 North 5th

Street, Kansas City, Kansas 66101.

Copies of the state submittal(s) are

available at the following address for

inspection during normal business

hours: Environmental Protection

Agency, Air Planning and Development

Branch, 901 North 5th Street, Kansas

City, Kansas 66101.

FOR FURTHER INFORMATION CONTACT: Kim

Johnson, at (913) 551–7975.

SUPPLEMENTARY INFORMATION: For

additional information see the direct

final rule published in the rules section

of this Federal Register.

Dated: April 6, 2000.

Dennis Grams,

Regional Administrator, Region 7.

[FR Doc. 00–10032 Filed 4–21–00; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Part 1880

[WO–880–9500–PF–24–1A]

RIN 1004–AD23

Financial Assistance, Local

Governments

AGENCY: Bureau of Land Management,

Interior

ACTION: Proposed rule.

SUMMARY: The Bureau of Land

Management (BLM) proposes to revise

its regulations governing procedures for

disbursing Payments in Lieu of Taxes

(PILT) to units of general local

government for entitlement lands within

their boundaries. This proposed rule

would incorporate statutory changes to

the authorizing legislation.

DATES: You should submit your

comments on or before June 23, 2000.

BLM may not necessarily consider

comments postmarked or received by

electronic mail after the above date in

the decision making process on the final

rule.

ADDRESSES: You may mail comments to

the Bureau of Land Management,

Administrative Record, Room 401 LS,

1849 C Street, NW, Washington, DC

20240. You may also hand deliver

comments to Bureau of Land

Management, Room 401, 1620 L Street,

NW, Washington, DC 20036. For

information about filing comments

electronically, see the SUPPLEMENTARY

INFORMATION section under ‘‘Public

Comment Procedures.’’

FOR FURTHER INFORMATION CONTACT: Bill

Howell, Budget Group, (202) 452–7721

(Commercial or FTS). Persons who use

a telecommunications device for the

deaf (TDD) may call the Federal

Information Relay Service at 1–800–

877–8339, 24 hours a day, seven days a

week, to contact Mr. Howell about the

proposed rule.

SUPPLEMENTARY INFORMATION:

I. Public Comment Procedures

II. Background

III. Discussion of Proposed Rule

IV. Procedural Matters

I. Public Comment Procedures

How Can I Electronically File

Comments?

You may comment via the Internet to

WOComment@blm.gov. Please also

include ‘‘Attention: RIN 1004–AD23’’

and your name and return address in

your Internet message. If you do not

receive a confirmation from the system

that we have received your Internet

message, contact us directly at (202)

452–5030.

Can BLM Keep My Identity

Confidential?

For BLM to keep your personal

information confidential, you must

request confidentially and prominently

state your request at the beginning of

your comment. BLM will consider

withholding your name, street address,

and other identifying information on a

case-by-case basis to the extent allowed

by law. BLM will make available for

public inspection in their entirety all

submissions from organizations or

businesses, and from individuals

identifying themselves as

representatives or officials of

organizations or businesses.