Federal Register / Vol. 65, No. 97 / Thursday, May 18, 2000 / Rules and Regulations 31479

regulations or procedures for

drawbridges. A ‘‘Categorical Exclusion

Determination’’ is available in the

docket for inspection or copying where

indicated under ADDRESSES.

List of Subjects in 33 CFR Part 117

Bridges.

For the reasons set out in the

preamble, the Coast Guard is amending

Part 117 of Title 33, Code of Federal

Regulations, as follows:

PART 117—DRAWBRIDGE

OPERATION REGULATIONS

1. The authority citation for Part 117

continues to read as follows:

Authority: 33 U.S.C. 499; 49 CFR 1.46; 33

CFR 1.05–1(g); section 117.255 also issued

under the authority of Pub. L. 102–587, 106

Stat. 5039.

2. From 9 p.m. until 11 p.m. on July

4, 2000, a new temporary § 117.T301 is

added to read as follows:

§ 117.T301 Massalina Bayou.

The draw of the Tarpon Dock bascule

span bridge, Massalina Bayou, mile 0.0

at Panama City, shall open on signal;

except that from 9 p.m. until 11 p.m. on

July 4, 2000, the draw need not open for

the passage of vessels.

Dated: May 5, 2000.

K.J. Eldridge,

Captain, U.S. Coast Guard, Acting

Commander, 8th Coast Guard Dist.

[FR Doc. 00–12571 Filed 5–17–00; 8:45 am]

BILLING CODE 4910–15–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Western Alaska 00–003]

RIN 2115–AA97

Safety Zone; Port Graham, Cook Inlet,

Alaska

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary 250-yard

radius safety zone on the navigable

waters located in Port Graham, Cook

Inlet, Alaska. The Derrick Barge LOS

ANGELES will anchor in this position

and assemble the Exploratory Drilling

Structure ‘‘OSPREY’’. This safety zone

is implemented to ensure the safe and

timely anchoring of the Derrick Barge

LOS ANGELES and the safe assembly of

the Drilling Structure OSPREY in Port

Graham, Cook Inlet, Alaska. This safety

zone is necessary because the operation

requires the LOS ANGELES to remain in

the anchoring position until the

assembly of the OSPREY is complete.

Vessels or personnel not engaged in the

anchoring and assembly operation, and

operating within the 250-yard radius

may place themselves at risk to injury.

DATES: This temporary final rule is

effective from 12:01 a.m. on June 16,

2000, until 11:59 p.m. on July 10, 2000.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Commander Rick Rodriguez,

Chief of Port Operations, USCG Marine

Safety Office, Anchorage, at (907) 271–

6724.

SUPPLEMENTARY INFORMATION:

Regulatory History

We did not publish a notice of

proposed rulemaking (NPRM) for this

regulation. Under 5 U.S.C. 553(b)(B), the

Coast Guard finds that good cause exists

for not publishing an NPRM. Publishing

an NPRM and delaying the effective

date would be contrary to national

safety interests since immediate action

is needed to minimize potential danger

to the public. The OSPREY platform is

a large structure that is difficult to

maneuver, and will be towed in the

strong currents of Cook Inlet, Alaska

and vessels or personnel not engaged in

the towing or setting down operation

operating within the 600-yard radius

may place themselves at risk of injury.

The event is scheduled for June 16, 2000

and the permit request was only

recently received.

Background and Purpose

The Coast Guard is establishing a

temporary 250-yard radius safety zone

on the navigable waters of the United

States around the position Latitude 59–

21.40 N, Longitude 151–49.50 W. The

Derrick Barge LOS ANGELES will

anchor in this position and assemble the

tower to the tower legs of the

Exploratory Drilling Structure

‘‘OSPREY’’ in Port Graham, Cook Inlet,

Alaska. The safety zone is designed to

permit the safe and timely anchoring

and assembly of this structure in the

narrow timeframe in which this can be

safely done. The safety zone’s 250-yard

standoff also aids the safety of these

evolutions by minimizing conflicts and

hazards that might otherwise occur with

other transiting vessels. The limited size

of the zone is designed to minimize

impact on other mariners transiting

through the area.

Regulatory Evaluation

This rule is not a significant

regulatory action under section 3(f) of

Executive Order 12866 and does not

require an assessment of potential cost

and benefits under section 6(a)(3) of that

order. It has not been reviewed by the

Office of Management and Budget 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). The

Coast Guard expects the economic

impact of this proposal to be so minimal

that a full Regulatory Evaluation under

paragraph 10(e) of the regulatory

policies and procedures of DOT is

unnecessary.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.), the Coast Guard

considers whether this rule will have

significant economic impacts on a

substantial number of small entities.

‘‘Small entities’’ include small

businesses, not-for-profit organizations

that are independently owned and

operated and are not dominant in their

fields, and governmental jurisdictions

with populations less than 50,000.

Because this safety zone is very small,

will only be in effect for twenty five

days, and does not impede access to

other maritime facilities in the area, the

Coast Guard believes there will be no

impact to small entities. Therefore, the

Coast Guard certifies under 5 U.S.C.

605(b) that this rule will not have a

significant economic impact on a

substantial number of small entities.

Collection of Information

This rule does not provide for a

collection of information under the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501 et seq.).

Federalism

The Coast Guard has analyzed this

rule under the principles and criteria

contained in Executive Order 12612 and

has determined that this rule does not

have sufficient federalism implications

to warrant the preparation of a

Federalism Assessment.

Environment

The Coast Guard considered the

environmental impact of this rule and

concluded that, under Figure 2–1,

paragraph 34(g) of Commandant

Instruction M16475.1C, this rule is

categorically excluded from further

environmental documentation because

it establishes a safety zone

Unfunded Mandates

The Unfunded Mandates Reform Act

of 1995 (2 U.S.C. 1531–1538) and E.O.

12875, Enhancing the Intergovernmental

Partnership, (58 FR 58093; October 28,

1993) govern the issuance of Federal

31480 Federal Register / Vol. 65, No. 97 / Thursday, May 18, 2000 / Rules and Regulations

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 rule will

not impose an unfunded mandate.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and record keeping

requirements, Security measures,

Waterways.

Temporary Final Regulation

For the reasons discussed in the

preamble, the Coast Guard amends 33

CFR Part 165 as follows:

PART 165—[AMENDED]

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, and 160.5;

49 CFR 1.46.

2. From 12:01 a.m. on June 16, 2000,

until 11:59 p.m. on July 10, 2000,

§ 165.T17–003 is temporarily added to

read as follows:

§ 165.T17–003 Safety Zone; Port Graham,

Cook Inlet, Alaska.

(a) Description. The following area is

a Safety Zone: All navigable waters

within a 250-yard radius of the Derrick

Barge LOS ANGELES, located in Port

Graham, Cook Inlet, Alaska.

(b) Effective Dates. This section is

effective from 12:01 a.m. on June 16,

2000, until 11:59 p.m. on July 10, 2000.

(c) Regulations.

(1) The Captain of the Port means the

Captain of the Port, Western Alaska. The

Captain of the Port may authorize or

designate any Coast Guard

commissioned, warrant, or petty officer

to act on his behalf as his representative.

(2) The general regulations governing

safety zones contained in Title 33 Code

of Federal Regulations, part 165.23

apply. No person or vessel may enter,

transit through, anchor or remain in this

safety zone, with the exception of

attending vessels, without first

obtaining permission from the Captain

of the Port, Western Alaska, or his

representative. The Captain of the Port

or his representative may be contacted

in the vicinity of the SWAN via marine

VHF channel 16. The Captain of the

Port’s representative can also be

contacted by telephone at (907) 271–

6700.

Dated: April 14, 2000.

W. J. Hutmacher,

Captain, U.S. Coast Guard Captain of the

Port, Western Alaska.

[FR Doc. 00–12461 Filed 5–17–00; 8:45 am]

BILLING CODE 4910–15–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[MO 096–1096b; FRL–6701–6]

Approval and Promulgation of

Implementation Plans: State of

Missouri

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: In this final rule, we (EPA) are

announcing approval of a revision to

Missouri’s State Implementation Plan

(SIP) for air pollution control. This

action approves the inspection and

maintenance (I/M) program which is

applicable to the St. Louis

nonattainment area as a revision to the

SIP. The state program requires the

implementation of a motor vehicle I/M

program containing many of the features

of an enhanced I/M program in

Jefferson, St. Louis, and St. Charles

counties and St. Louis City. We

proposed approval of this program in

the Federal Register on February 17,

2000. This final action is being

published to meet our statutory

obligation under the Clean Air Act

(CAA or the Act).

DATES: This rule is effective on June 19,

2000.

ADDRESSES: A copy of the state

submittal is available at the following

address for inspection during normal

business hours: EPA, Region 7, Air

Planning and Development Branch, 901

North 5th Street, Kansas City, Kansas

66101.

FOR FURTHER INFORMATION CONTACT:

Leland Daniels at (913) 551–7651.

SUPPLEMENTARY INFORMATION: This

section provides additional information

by addressing the following questions:

What Is a SIP?

Section 110 of the Clean Air Act

(CAA) requires states to develop air

pollution regulations and control

strategies to ensure that state air quality

meets the national ambient air quality

standards that we established. These

ambient standards are established under

section 109 of the CAA, and they

currently address six criteria pollutants.

These pollutants are: carbon monoxide,

nitrogen dioxide, ozone, lead,

particulate matter, and sulfur dioxide.

Each state must submit these regulations

and control strategies to us for approval

and incorporation into the Federally

enforceable SIP. Each Federally

approved SIP protects air quality

primarily by addressing air pollution at

its point of origin. These SIPs can be

extensive, containing state regulations

or other enforceable documents and

supporting information such as

emission inventories, monitoring

networks, and modeling

demonstrations.

What Is the Federal Approval Process

for a SIP?

In order for state regulations to be

incorporated into the Federally

enforceable SIP, states must formally

adopt the regulations and control

strategies consistent with state and

Federal requirements. This process

generally includes a public notice,

public hearing, public comment period,

and a formal adoption by a stateauthorized rulemaking body.

Once a state rule, regulation, or

control strategy is adopted, the state

submits it to us for inclusion into the

SIP. We must provide public notice and

seek additional public comment

regarding our proposed action on the

state submission. If adverse comments

are received, we must address them

prior to taking any final action.

All state regulations and supporting

information that we approve under

section 110 of the CAA are incorporated

into the Federally approved SIP. The

record of such SIP approvals is

maintained in the Code of Federal

Regulations (CFR) at Title 40, Part 52,

entitled ‘‘Approval and Promulgation of

Implementation Plans.’’ The actual state

regulations which are approved are not

reproduced in their entirety in the CFR

but are ‘‘incorporated by reference,’’

which means that EPA has approved a

given state regulation with a specific

effective date.

What Does Federal Approval of a State

Regulation Mean?

Enforcement of the state regulation

before and after it is incorporated into

the Federally approved SIP is primarily

a state responsibility. However, after the

regulation is Federally approved, we are

authorized to take an enforcement

action to return a violator to

compliance. Citizens are also offered

legal recourse to address violations as

described in section 304 the CAA.