33258 Federal Register / Vol. 65, No. 100 / Tuesday, May 23, 2000 / Rules and Regulations

immediately if the Captain of the Port so

orders.

(3) The Coast Guard vessels enforcing

this section can be contacted on VHF

Marine Band Radio, channels 13 and 16.

The Captain of the Port can be contacted

at telephone number (410) 576–2521 or

2693.

(4) The Captain of the Port will notify

the public of any changes in the status

of this zone by a Marine Safety Radio

Broadcast on VHF–FM marine band

radio, channel 22 (157.1 MHZ).

(d) Effective dates: This section is

effective from 6 a.m. on June 23, 2000

to 11:30 p.m. on June 29, 2000.

Dated: May 12, 2000.

Thomas E. Bernard,

Captain, U.S. Coast Guard, Acting

Commander, Fifth Coast Guard District.

[FR Doc. 00–12877 Filed 5–22–00; 8:45 am]

BILLING CODE 4910–15–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD 05–00–004]

RIN 2115–AA97

Safety Zone; Transit of S/V Amerigo

Vespucci, Chesapeake Bay, Baltimore,

MD

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary moving safety

zone in the Chesapeake Bay and the Port

of Baltimore, Maryland during the

transit of the sailing vessel Amerigo

Vespucci through those waters. This

action is necessary to provide for the

safety of life on navigable waters during

the vessel’s transit. This action will

restrict vessel traffic in portions of the

Chesapeake Bay and the Port of

Baltimore.

DATES: This rule is effective from 6 a.m.

on June 21, 2000 until 6 p.m. on June

24, 2000.

ADDRESSES: Comments and material

received from the public, as well as

documents indicated in this preamble as

being available in the docket, are part of

docket CGD5–00–004 and are available

for inspection or copying at

Commander, U.S. Coast Guard

Activities, 2401 Hawkins Point Road,

Baltimore, Maryland 21226–1791,

between 8 a.m. and 4 p.m., Monday

through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Chief Warrant Officer Ron Houck, Port

Safety and Security Section, at (410)

576–2674.

SUPPLEMENTARY INFORMATION:

Regulatory Information

On April 26, 2000 we published a

notice of rulemaking (NPRM) entitled

Safety Zone; Transit of S/V Amerigo

Vespucci, Chesapeake Bay, Baltimore,

MD, in the Federal Register (65 FR

24439). We received no letters

commenting on the rule. No public

hearing was requested and none was

held.

Background and Purpose

The sailing vessel Amerigo Vespucci

is planning to transit the waters of the

Chesapeake Bay enroute to the Port of

Baltimore, Maryland on June 21, 2000

and enroute from the Port of Baltimore,

Maryland on June 24, 2000. The transits

of this 330-foot sailing vessel are

expected to attract a large fleet of

spectator vessels. The purpose of these

regulations is to promote maritime

safety and protect the sailing vessel and

the boating public during these transits

by establishing a safety buffer around

the sailing vessel.

Discussion of Rule

The Coast Guard is establishing a

temporary moving safety zone around

the 330-foot sailing vessel, Amerigo

Vespucci. The safety zone will be

enforced during her transit of

Chesapeake Bay enroute to the Port of

Baltimore, Maryland on June 21, 2000

and enroute from the Port of Baltimore

on June 24, 2000. The safety zone will

include all waters within 150 yards

ahead of or 50 yards abeam or astern of

the vessel while she is transiting the

area. No vessels will be allowed to enter

or navigate within this area unless

authorized by the Captain of the Port.

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 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 rule to be so minimal that a full

Regulatory Evaluation under paragraph

10e of the regulatory policies and

procedures of DOT is unnecessary.

These regulations are limited in

duration, affect only a limited area, and

will be well publicized to allow

mariners to make alternative plans for

transiting the affected area.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601–612), we considered

whether this 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 rule will not have

a significant economic impact on a

substantial number of small entities.

This rule will affect the following

entities, some of which might be small

entities: The owners or operators of

vessels intending to operate or anchor in

portions of the Chesapeake Bay and the

Port of Baltimore, Maryland. The

regulations will not have a significant

impact on a substantial number of small

entities for the following reasons: The

restrictions are limited in duration,

affect only limited areas, and will be

well publicized to allow mariners to

make alternative plans for transiting the

affected areas.

Assistance for Small Entities

Under section 213(a) of the Small

Business Regulatory Enforcement

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

we offered to assist small entities in

understanding this rule so that they

could better evaluate its effects on them

and participate in the rulemaking. We

received no requests for assistance in

understanding the rule.

Small businesses may send comments

on the actions of the Federal employees

who enforce, or otherwise determine

compliance with Federal regulations to

the Small Business and Agriculture

Regulatory Enforcement Ombudsman

and the Regional Small Business

Regulatory Fairness Boards. The

Ombudsman evaluates these actions

annually and rates each agency’s

responsiveness to small business. If you

wish to comment on actions by

employees of the Coast Guard, call 1–

888–REG–FAIR (1–888–734–3247).

Collection of Information

This rule calls for no new collection

of information under the Paperwork

Reduction Act of 1995 (44 U.S.C. 3501–

3520).

Federalism

We have analyzed this rule under E.O.

13132 and have determined that this

Federal Register / Vol. 65, No. 100 / Tuesday, May 23, 2000 / Rules and Regulations 33259

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 rule will

not impose an unfunded mandate.

Taking of Private Property

This rule will 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 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 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 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.

This rule will have no affect on the

environment.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and recordkeeping

requirements, Security measures,

Waterways.

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. 1225 and 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. Add temporary § 165.T05–004 to

read as follows:

§ 165.T05–004 Safety Zone; Transit of S/V

Amerigo Vespucci, Chesapeake Bay,

Baltimore, MD.

(a) Definitions: Captain of the Port

means the Commander, Coast Guard

Activities Baltimore or any Coast Guard

commissioned, warrant, or petty officer

who has been authorized to act on his

behalf.

(b) Location. The following area is a

moving safety zone: All waters within

150 yards ahead of or 50 yards abeam

or astern of the sailing vessel Amerigo

Vespucci, while the vessel is operating

on the Chesapeake Bay or its tributaries,

north of the Maryland-Virginia border

and south of latitude 39°35′00′′.

(c) Regulations.

(1) All persons are required to comply

with the general regulations governing

safety zones in § 165.23 of this part.

(2) No person or vessel may enter or

navigate within the regulated areas

unless authorized to do so by the

Captain of the Port. Any person or

vessel authorized to enter the regulated

areas must operate in strict conformance

with any directions given by the Captain

of the Port and leave the regulated area

immediately if the Captain of the Port so

orders.

(3) The Coast Guard vessels enforcing

this section can be contacted on VHF

Marine Band Radio, channels 13 and 16.

The Captain of the Port can be contacted

at telephone number (410) 576–2521 or

2693.

(4) The Captain of the Port will notify

the public of any changes in the status

of this zone by a Marine Safety Radio

Broadcast on VHF–FM marine band

radio, channel 22 (157.1 MHZ).

(d) Enforcement period. These

regulations are enforced from 6 a.m. to

6 p.m. on June 21, 2000 and June 24,

2000 respectively.

Dated: May 16, 2000.

C.L. Miller,

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

Port of Baltimore.

[FR Doc. 00–13025 Filed 5–19–00; 12:38 pm]

BILLING CODE 4910–15–U

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[CA 031–0237; FRL–6704–1]

Revision to the California State

Implementation Plan, South Coast Air

Quality Management District

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule; correction.

SUMMARY: In this direct final action, EPA

is removing final limited approval and

limited disapproval of revisions to the

California State Implementation Plan

(SIP) that were published on January 13,

2000 (65 FR 2052).

DATES: This rule is effective July 24,

2000, without further notice unless EPA

receive adverse comments by June 22,

2000. If we receive such comment, we

will publish a timely withdrawal in the

Federal Register to notify the public

that this rule will not take effect.

ADDRESSES: Comments may be mailed

to: Andrew Steckel, Rulemaking Office,

AIR–4, Air Division, U.S.

Environmental Protection Agency,

Region IX, 75 Hawthorne Street, San

Francisco, CA 94105–3901.

Copies of the rules are available for

public inspection at EPA’s Region IX

office during normal business hours.

Copies of the submitted rules are also

available for inspection at the following

locations:

Environmental Protection Agency, Air

Docket (6102), 401 ‘‘M’’ Street SW,

Washington, DC 20460.

California Air Resources Board,

Stationary Source Division, Rule

Evaluation Section, 2020 ‘‘L’’ Street,

Sacramento, CA 95812.

South Coast AQMD, 21865 E. Copley

Dr., Diamond Bar, CA 91765–4182.

FOR FURTHER INFORMATION CONTACT: Ed

Addison, Rulemaking Office, Air

Division, U.S. Environmental Protection

Agency, Region IX, 75 Hawthorne

Street, San Francisco, CA 94105;

Telephone: (415) 744–1160.

SUPPLEMENTARY INFORMATION: On August

5, 1988, South Coast Air Quality

Management District (SCAQMD)

adopted Rule 1109, Emissions of Oxides

of Nitrogen from Process Heaters and

Boilers in Petroleum Refineries. On

March 26, 1990, California Air

Resources Board (CARB) submitted Rule

1109 to EPA Region IX. On February 28,

1997 at 62 FR 9138, EPA proposed

limited approval and limited

disapproval of Rule 1109. On December

7, 1999, CARB sent EPA a request to

withdraw the March 26, 1990 submittal

because all the affected sources are now

regulated instead by SCAQMD

Regulation XX (Reclaim). EPA believes

this is a reasonable request.

Unfortunately, before receiving this

request, EPA signed an action finalizing

the limited approval and limited

disapproval, which was published on

January 13, 2000 at 65 FR 2052.

Therefore, the purpose of today’s

Direct Final action is to correct this

error pursuant to section 110(k)(6) of the