35278 Federal Register / Vol. 65, No. 107 / Friday, June 2, 2000 / Rules and Regulations

[FR Doc. 00–13834 Filed 6–1–00; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01–99–198]

RIN 2115–AA97

Safety Zone: Parade of Tall Ships

Newport 2000, Newport, RI

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary moving safety

zone around vessels participating in the

Newport, RI, parade of Tall Ships on

July 2, 2000. The moving safety zone

will extend two hundred (200) yards

ahead of the lead vessel to two hundred

(200) yards astern of the last vessel in

the parade, and two hundred (200)

yards abeam of each parading vessel

along the designated parade route. The

safety zone is needed to protect each of

the Tall Ships, which will have limited

maneuverability, from damage as well

as protect passing and spectator vessels.

Entry into this zone will be prohibited

unless authorized by the Captain of the

Port, Providence, Rhode Island.

DATES: This rule is effective from 10

a.m. until 4 p.m. on July 2, 2000.

ADDRESSES: Comments and material

received from the public as well as

documents indicated in this preamble as

being available in the docket are

available for inspection or copying at

Coast Guard Marine Safety Office

Providence, 20 Risho Avenue,

Providence, Rhode Island 02914

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

through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

CWO John W. Winter at Marine Safety

Office Providence, (401) 435–2335.

SUPPLEMENTARY INFORMATION:

Regulatory Information

On March 22, 2000, we published a

notice of proposed rulemaking (NPRM)

entitled Parade of Tall Ships Newport

2000, Newport, RI in the Federal

Register (65 FR 15283). We received no

comments. No public hearing was

requested, and none was held.

Background and Purpose

This rule is needed to ensure the safe

navigation of the Tall Ships and other

smaller sailing vessels participating in a

parade of sail on Sunday, July 2, 2000,

as well as the safety of spectator craft.

The entire parade event is scheduled to

last approximately six hours, beginning

at 10 a.m. and ending at 4 p.m. The

parading vessels will transit outbound

from Newport Harbor, then north

through the East Passage, Narragansett

Bay, underneath the Newport Bridge,

westward around Gould Island, and

then southbound out to sea.

The parade of sail route extends

through the East Passage of Narragansett

Bay and passes through the following

points: (see NOAA Charts(s) #13218,

13221, 13223).

Latitude Longitude

41°30′18′′N ................ 71°20′58′′W

41°31′43′′N ................ 71°20′00′′W

41°33′29′′N ................ 71°19′14′′W

41°33′29′′N ................ 71°20′55′′W

41°32′19′′N ................ 71°21′12′′W

41°28′45′′N ................ 71°20′45′′W

41°27′44′′N ................ 71°22′24′′W

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.

This safety zone involves only the

southeast portion of Narragansett Bay

and will shut down the East passage to

commercial and recreation traffic during

the event. The effect of this regulation

will not be significant because this rule

would be in effect for only 6 hours.

Recreational vessel traffic could pass

safely around the safety zone through

the West passage, and maritime

advisories will be made well in advance

allowing large commercial traffic to

schedule around the event.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601–612), we considered

whether this rule will 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 transit or anchor in

a small portion of Narragansett Bay from

10 a.m. and 4 p.m. on July 2, 2000.

This safety zone will not have a

significant economic impact on a

substantial number of small entities for

the following reasons: This rule will

only be in effect for 6 hours; recreational

vessel traffic can pass safely around the

safety zone through the West passage;

and, before the effective period, we will

issue maritime advisories widely

available to users of the bay, allowing

large commercial traffic ample time to

schedule around the event.

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 can

better evaluate its effects on them and

participate in the rulemaking. No

requests for assistance were received.

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 will 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 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

Federal Register / Vol. 65, No. 107 / Friday, June 2, 2000 / Rules and Regulations 35279

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 Executive

Order 12630, Governmental Actions and

Interference with Constitutionally

Protected Property Rights.

Civil Justice Reform

This rule meets the standards in

sections 3(a) and 3(b)(2) of Executive

Order 12988, Civil Justice Reform, to

minimize litigation, eliminate

ambiguity, and reduce burden.

Protection of Children

We have analyzed this rule under

Executive Order 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

The Coast Guard has considered the

environmental impact of implementing

this rule and concluded that, under

figure 2–1, paragraph 34(g), of

Commandant Instruction M16475.lC,

this rule is categorically excluded from

further environmental documentation.

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), Reports and Recordkeeping

requirements, Security measures, and

Waterways.

For the reasons discussed in the

preamble, the Coast Guard amends 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(g), 6.04–1, 6.04–6 and 160.5; 49

CFR 1.46.

2. Add temporary § 165.T01–198 to

read as follows:

§ 165.T01–198 Safety Zone: Parade of Tall

Ships Newport 2000, Rhode Island, Lower

Narragansett Bay, East Passage.

(a) Location. A moving safety zone

200 yards ahead of the lead vessel in the

parade, 200 yards astern of the last

vessel in the parade, and 200 yards

abeam of each vessel participating in the

Tall Ships Newport 2000 parade of sail.

The parade of sail route extends through

the East Passage of Narragansett Bay and

passes through the following points:

(see NOAA Charts(s) #13218, 13221,

13223)

Latitude Longitude

41°30′18′′N ................ 71°20′58′′W

41°31′43′′N ................ 71°20′00′′W

41°33′29′′N ................ 71°19′14′′W

41°33′29′′N ................ 71°20′55′′W

41°32′19′′N ................ 71°21′12′′W

41°28′45′′N ................ 71°20′45′′W

41°27′44′′N ................ 71°22′24′′W

(b) Effective period. Paragraph (a) of

this section is effective between 10 a.m.

and 4 p.m. on Sunday, July 2, 2000.

Departure time is dependent on the tide,

weather and granting of authority for

departure by the Captain of the Port,

Providence.

(c) Regulations. (1) The general

regulations governing safety zones

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 siren, radio, flashing light, or

other means, the operator of the vessel

shall proceed as directed.

Dated: May 22, 2000.

Peter A. Popko,

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

Port, Marine Safety Office Providence.

[FR Doc. 00–13815 Filed 6–1–00; 8:45 am]

BILLING CODE 4910–15–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01–99–197]

RIN 2115–AA97

Safety Zone: Fireworks Display, Naval

Station Newport, Newport, RI

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a safety zone within a five

hundred (500) yard radius of the

fireworks launching site at Naval

Station Newport, Newport, RI on June

30, 2000. The safety zone is needed to

safeguard the public from possible

hazards associated with a fireworks

display. Entry into this zone will be

prohibited unless authorized by the

Captain of the Port, Providence, Rhode

Island.

DATES: This rule is effective from 8 p.m.

until 11 p.m. on June 30, 2000 until 11

p.m. July 2, 2000.

ADDRESSES: Comments and material

received from the public as well as

documents indicated in this preamble as

being available in the docket are

available for inspection or copying at

Coast Guard Marine Safety Office

Providence, 20 Risho Avenue,

Providence, Rhode Island 02914

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

through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

CWO John W. Winter at Marine Safety

Office Providence, (401) 435–2335.

SUPPLEMENTARY INFORMATION:

Regulatory Information

On March 22, 2000, we published a

notice of proposed rulemaking (NPRM)

entitled Fireworks Display, Naval

Station Newport, Newport, RI in the

Federal Register (65 FR 15285). We

received one comment. No public

hearing was requested, and none was

held.

Background and Purpose

The safety zone is needed to protect

the public from debris and other

hazards associated with a fireworks

display at Naval Station Newport,

starting at 8 p.m. on June 30, 2000, or

in the event of rain, on July 2, 2000. The

event, which is sponsored by Tall Ships

Newport Salute 2000, will last

approximately 3 hours.

Discussion of Comments and Changes

One comments was received from the

sponsor, Tall Ships Newport Salute

2000, requesting that the rule include a

rain date of July 2, 2000. A rain date was

incorporated into the final rule.

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.

This safety zone involves a very small

area of Narragansett Bay. The effect of