33770 Federal Register / Vol. 65, No. 102 / Thursday, May 25, 2000 / Rules and Regulations

(2) Security Zone B. (i) Location. All

waters within 500 yards of the U.S.S.

John F. Kennedy (CV–67), in Federal

Anchorage 21B.

(ii) Enforcement period. Paragraph

(a)(2)(i) of this section is enforced from

10 a.m., e.s.t. until 5 p.m., e.s.t. on July

4, 2000.

(b) Effective period. This section is

applicable from 7 a.m., e.s.t. on July 4,

2000, until 5 p.m., e.s.t. on July 4, 2000.

(c) 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: May 4, 2000.

Robert F. Duncan,

Captain, U.S. Coast Guard, Acting

Commander, First Coast Guard District.

[FR Doc. 00–12641 Filed 5–24–00; 8:45 am]

BILLING CODE 4910–15–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP MIAMI 00–015]

RIN 2115–AA97

Safety Zone: OpSail Miami 2000, Port

of Miami.

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing temporary regulations in

the Port of Miami for OpSail Miami

2000 activities. This action is necessary

to provide for the safety of life and

property on navigable waters during

OpSail Miami 2000. This action will

restrict vessel traffic in portions of the

Port of Miami.

DATES: This rule is effective from 9 p.m.

Eastern Daylight Time (EDT) on June 9,

2000 and terminates at 4 p.m. EDT on

June 10, 2000.

ADDRESSES: Coast Guard Marine Safety

Office Miami maintains the public

docket for this rulemaking. Documents

indicated in this preamble as being

available in the docket, are available for

inspection or copying at room 201,

Coast Guard Marine Safety Office

Miami, between 8 a.m. and 3 p.m., EDT

Monday through Friday, except Federal

holidays.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Joseph Boudrow, Port

Management and Response Department,

Coast Guard Marine Safety Office

Miami, (305) 535–8705.

SUPPLEMENTARY INFORMATION:

Regulatory Information

On December 17, 1999, the Coast

Guard published an advanced notice of

proposed rulemaking (ANPRM), and on

March 17, 2000, the Coast Guard

published a notice of proposed

rulemaking (NPRM) entitled OPSAIL

2000 in the Federal Register (64 FR

70650 and 65 FR 14502). No comments

were received during either comment

period. No public hearing was requested

and none was held.

Under 5 U.S.C. 553(d)(3), the Coast

Guard finds that good cause exists for

making this rule effective less than 30

days after publication in the Federal

Register. Updated information regarding

the fireworks display was recently

received from the sponsor. Further, the

proposed rule was well publicized in

the ANPRM and the NPRM, and the

event will be further publicized

throughout the local community by the

event sponsor.

Background and Purpose

The temporary regulations are for

OpSail Miami 2000 events scheduled to

be held in portions of the Port of Miami

over the period of June 6–10, 2000. This

rule will provide for the safety of life

and property on navigable waters during

OpSail Miami 2000 events on June 9,

2000 and June 10, 2000.

Discussion of Rule

OpSail Miami 2000, Inc., is

sponsoring OpSail Miami 2000

activities which consist of the arrival,

display, and departure parade of

numerous large U. S. and foreign flagged

sail vessels. A fireworks display is

planned for the evening prior to the

final day of the sail vessel visit.

Currently, approximately 20 Class A

(175 feet or larger in length) and 20

smaller Class B (100 feet up to 175 feet)

and C (up to 100 feet) sail vessels are

expected to participate in OpSail Miami

2000.

Participant sail vessels will begin

arriving in the Port of Miami on June 6,

2000 and will moor alongside Dodge

Island within the Port of Miami. These

vessels will be open to the public during

certain hours between June 7 and June

9, 2000. On June 9, 2000, fireworks

displays will be conducted commencing

approximately 9:00 p.m. EDT from the

orchestra vessel POINT

COUNTERPOINT II, a barge anchored in

the turning basin at the west end of

Main Channel, and the Watson Island

bridge structure. On June 10, 2000, the

sail vessels will make their departure

from the Port of Miami in a parade

commencing approximately 12 noon

EDT and ending approximately 4 p.m.

EDT. Participant sail vessels will

proceed under auxiliary power from

their moorings to the turning basin at

the west end of the Main Channel. From

the turning basin, they will proceed

under auxiliary power in 300 to 500

yard intervals in a ocean-bound

direction along the Main Channel,

thence along Government Cut, thence

along Bar Cut, thence along Outer Bar

Cut, to the vicinity of Miami Lighted

Bouy M (Light List Number (LLNR)

10455–895), located at 25 degrees, 46.0

minutes North latitude, 080 degrees,

05.0 minutes West longitude. The area

of Miami Lighted Buoy M is the

termination point for pilotage. As pilots

disembark their vessels, the sail vessels

will parade northward off the coastline,

under sail, to the parade termination

point in the general vicinity of the

entrance to Port Everglades, Florida.

Waterborne spectator areas have been

designated by the event sponsor to be on

either side of Bar Cut and Outer Bar Cut

in the open ocean. These areas will be

delineated by lines of marker floats

placed by the sponsor. The marker floats

will be round balls, orange in color, and

spaced approximately 200 yards apart.

They will be placed 100 yards out from

the aids to navigation that mark each

side of the channel. Spectator craft will

be expected to remain behind the

marker float lines for the duration of the

parade.

Because of the number of the sail

vessels, fireworks displays, and the

large number of spectator watercraft

expected during the parade, the Coast

Guard is establishing regulations for the

creation of temporary safety zones and

vessel movement controls in portions of

the Port of Miami and its channels

affected by these events. The regulations

will be in effect on June 9 and 10, 2000.

The vessel congestion due to the large

number of participant and spectator

vessels poses a significant threat to the

safety of life and property. The Coast

Guard has determined this rulemaking

is necessary to ensure the safety of life

and property on the navigable waters of

the United States within portions of the

Port of Miami affected by this event.

Regulated Areas

The Coast Guard is establishing

temporary safety zones for fireworks

displays on June 9, 2000 and the Parade

of Sail on June 10, 2000. The safety zone

for June 9, 2000 shall include all waters

within 100 yards of the orchestra vessel

Federal Register / Vol. 65, No. 102 / Thursday, May 25, 2000 / Rules and Regulations 33771

POINT COUNTERPOINT II, and all

waters bounded on the north by the

Venetian Causeway West drawbridge, a

line drawn from the southwest corner of

Biscayne Island to the northwest corner

of Watson Island, and a line drawn from

the southwest corner of Watson Island

near the seaplane ramp to the northeast

corner of the American Airlines Arena

property water frontage.

The safety zone for the June 10, 2000,

Parade of Sail shall include all waters in

the Port of Miami within the turning

basin at the west end of Main Channel

bounded by the bridges connecting

Dodge Island and Watson Island to the

mainland, the Main Channel, Lummus

Island Cut east of a line drawn

northward from the west end of Fisher

Island, Government Cut, Bar Cut, Outer

Bar Cut, and 100 yards on either side of

the Bar Cut and Outer Bar Cut short

range navigational aids, seaward to

Miami Lighted Buoy M (LLNR 10455–

895).

Entry into these safety zones by nonparticipating vessels will be prohibited.

The Coast Guard expects many spectator

craft for this millennium event. These

craft will be allowed to view the Parade

of Sail vessels from viewing areas on

either side of Bar Cut and Outer Bar Cut.

These areas will delineated by marker

floats placed by the sponsor of the

event.

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).

Although the rule prohibits all nonparade related traffic in the area of the

temporary safety zone on Saturday, June

10, 2000, the effect of this regulation

will not be significant for the following

reasons: the regulation will be in effect

for less than 6 hours; the maritime

community will receive extensive

advance notices through Local Notices

to Mariners, facsimile, and marine

information broadcasts, maritime

association meetings, and Miami area

newspapers; and specific viewing areas

will be marked for spectator vessels.

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 would not

have a significant economic impact on

a substantial number of small entities.

We received no comments on this rule

from small entities. However, this rule

would affect the following entities,

some of which might be small entities:

the owners or operators of vessels

intending to transit those portions of the

Port of Miami during the two periods of

safety zone enforcement. These

regulations would not have a significant

economic impact on a substantial

number of small entities for the

following reasons. Although these

regulations would apply to a substantial

portion of the Port of Miami, the periods

of the regulatory enforcement will be of

short duration. Before the effective

periods, the Coast Guard will make

notifications to the public via mailings,

facsimilies, the Local Notice to

Mariners, and use of the sponsor

Internet site. In addition, OpSail Miami

2000, Inc., the sponsoring organization,

is planning to publish information of

the event in local newspapers,

pamphlets, and television and radio

broadcasts.

Assistance for Small Entities

Under section 213(a) of the Small

Business Regulatory Enforcement

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

we will 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

Joe Boudrow, Coast Guard Marine

Safety Office Miami at (305) 535–8705.

Small businesses may send comments

on the actions of 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

Executive Order 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 rule

would not impose on unfunded

mandate.

Taking of Private Property

This 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 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

The Coast Guard has 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 action and have

determined under Figure 2–1, paragraph

34(g) of Commandant Instruction

M16475.1C, that this rule is

categorically excluded from further

environmental documentation. A

Categorical Exclusion Determination is

available in the docket where indicated

under ADDRESSES. By controlling vessel

traffic during the event, this rule is

intended to minimize environmental

impacts of increased vessel traffic

during the parade of sail.

33772 Federal Register / Vol. 65, No. 102 / Thursday, May 25, 2000 / Rules and Regulations

List of Subjects in 33 CFR Part 165

Harbors, Marine Safety, Navigation

(water), Reporting and recordkeeping

requirements, Security measures,

Waterways.

Temporary Regulations

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. A temporary § 165.T 07–015 is

added to read as follows:

§ 165.T07–015 Safety zones; Miami,

Florida.

(a) Regulated areas. (1) Fireworks

area. (i) Location. All waters within 100

yards of the M/V POINT

COUNTERPOINT II; and, all waters

within an area bounded on the north by

the Venetian Causeway West

drawbridge, a line drawn from the

southwest corner of Biscayne Island to

the northwest corner of Watson Island,

and a line drawn from the southwest

corner of Watson Island near the

seaplane ramp to the northeast corner of

the American Airlines Arena property

water frontage.

(ii) Regulations. In accordance with

the general regulations in 165.23 of this

part, no vessel shall enter the fireworks

display fallout area during the

enforcement period unless otherwise

authorized by the U.S. Coast Guard

Captain of the Port.

(iii) Enforcement period. This section

becomes effective at 9 p.m. Eastern

Daylight Time (EDT) and terminates at

11 p.m. EDT on June 9, 2000, unless

terminated earlier by the U. S. Coast

Guard Captain of the Port.

(2) Parade of sail area.—(i) Location.

A temporary safety zone is established

to include all waters in the Port of

Miami within the turning basin at the

west end of Main Channel bounded by

the bridges connecting Dodge and

Watson Islands with the mainland,

Main Channel, Lummus Island Cut east

of a line extending northward from the

west end of Fisher Island, Government

Cut, Bar Cut, Outer Bar Cut, and 100

yards on either side of the Bar Cut and

Outer Bar Cut short range navigational

aids, seaward to Miami Lighted Buoy M

(LLNR 10455–895).

(ii) Regulations. In accordance with

the general regulations in 165.23 of this

part, entry into this zone is prohibited

to all non-parade related vessels without

the prior permission of the U. S. Coast

Guard Captain of the Port.

(iii) Enforcement period. This section

becomes effective at 10 a.m. EDT and

terminates at 4 p.m. EDT on June 10,

2000, unless terminated earlier by the

U.S. Coast Guard Captain of the Port.

(b) Dates. This section becomes

effective at 9 p.m., EDT on June 9, 2000,

and terminates at 4 p.m., EDT on June

10, 2000.

Dated: May 17, 2000.

L.J. Bowling,

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

Port, Miami Zone.

[FR Doc. 00–13195 Filed 5–24–00; 8:45 am]

BILLING CODE 4910–15–U

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[OR 76–7291; FRL–6601–1]

Approval and Promulgation of

Implementation Plans: Oregon

AGENCY: Environmental Protection

Agency.

ACTION: Final rule.

SUMMARY: Pursuant to procedures

described in the January 19, 1989

Federal Register, the Environmental

Protection Agency (EPA or we) recently

approved a minor State Implementation

Plan (SIP) revision submitted by the

Oregon Department of Environmental

Quality (ODEQ). This submittal

includes the following changes to the

Oregon Administrative Rules (OAR)

340-028–0110 (Definitions): a revision

of the definition of Volatile Organic

Compounds (VOC), typographical

corrections, updated reference dates,

and the renumbering of several

definitions. The VOC definition was

revised to delist

parachlorobenzotriflouride (PCBTF) and

cyclic, branched, or linear completely

methylated siloxanes from the

definition of VOC. This document lists

the revision we approved and

incorporates the relevant material into

the Code of Federal Regulations.

DATES: This rule is effective May 25,

2000.

ADDRESSES: Documents which are

incorporated by reference are available

for public inspection at the Air and

Radiation Docket and Information

Center, Environmental Protection

Agency, 401 M Street SW, Washington,

D.C. 20460. Copies of material

submitted to EPA and other information

supporting this action may be examined

during normal business hours at the

following locations: EPA, Region 10,

Office of Air Quality (OAQ–107), 1200

Sixth Avenue, Seattle, Washington

98101 and Oregon Department of

Environmental Quality, 811 SW Sixth

Avenue, Portland, Oregon 97204–1390.

FOR FURTHER INFORMATION CONTACT:

Debra Suzuki, EPA, Office of Air

Quality (OAQ–107), 1200 Sixth Avenue,

Seattle, Washington 98101, (206) 553–

0985.

SUPPLEMENTARY INFORMATION: We

approved the following minor SIP

revision request under section 110(a) of

the Clean Air Act (Act):

State Subject matter Date of

submission

Date of

approval

OR ........... Definitions: Revised the definition of VOC (delist parachlorobenzotriflouride (PCBTF) and

cyclic, branched, or linear completely methylated siloxanes) consistent with changes in

the federal definition, made typographical corrections, updated reference dates, and incorporated the renumbering of several definitions.

12–3–98 6–16–99

We took no action on the definitions

relating to the Compliance Assurance

Monitoring (CAM) Rule and on Tables

1 through 3. Please note that since these

SIP revisions were adopted by the state,

other modifications to Oregon’s rules

may have been adopted by the

Environmental Quality Commission and

submitted to EPA for approval (e.g. the

rule recodification package). Approval

of this SIP revision does not rescind any

local rule amendments that were

subsequently filed and submitted. We

determined that this SIP revision

complies with all applicable

requirements of the Act and EPA policy

and regulations concerning such

revisions. Due to the minor nature of

this revision, we concluded that

conducting notice-and-comment

rulemaking prior to approving this