35838 Federal Register / Vol. 65, No. 109 / Tuesday, June 6, 2000 / Rules and Regulations

information to a number of individuals

by telephone.

The Small Business and Agriculture

Regulatory Enforcement Ombudsman

and 10 Regional Fairness Boards were

established to receive comments from

small businesses about enforcement by

Federal agencies. The Ombudsman will

annually evaluate enforcement and rate

each agency’s responsiveness to small

business. If you wish to comment on

enforcement by the Coast Guard, call 1–

888–REG–FAIR (1–888–734–3247).

Collection of Information

The Final Rule calls for no collection

of information under the Paperwork

Reduction Act of 1995 [44 U.S.C. 3501

et seq.].

Impact on Federalism

This rule would revise the rules at 33

CFR 165.100(d)(1)(iii) that address

navigational safety, and voyage

planning for towing vessels. We have

analyzed this rule in accordance with

the principles and criteria contained in

Executive Order 13132. It is well settled

that States are preempted from

establishing any requirements for tank

vessels and the vessels that tow them in

the categories of design, construction,

alteration, repair, maintenance,

operation, equipping, personnel

qualification, and manning. See the

decision of the Supreme Court in the

consolidated cases of United States v.

Locke and Intertanko v. Locke lll

U.S. lll, 2000 U.S. LEXIS 1895

(March 6, 2000). Thus, this entire rule

falls within preempted categories.

Because States may not promulgate

rules the categories set out, preemption

is not an issue under that Order.

Unfunded Mandates

Title II of the Unfunded Mandates

Reform Act of 1995 (UMRA) [Pub. L.

104–4, 109 Stat. 48] requires Federal

agencies to assess the effects of certain

regulatory actions on State, local, and

tribal governments, and the private

sector. UMRA requires a written

statement of economic and regulatory

alternatives for rules that contain

Federal mandates. A ‘‘Federal mandate’’

is a new or additional enforceable duty

imposed on any State, local, or tribal

government, or the private sector. If any

Federal mandate causes those entities to

spend, in the aggregate, $100 million or

more in any one year, the UMRA

analysis is required. This Final Rule

would not impose Federal mandates on

any State, local, or tribal governments,

or the private sector.

Environment

The Coast Guard considered the

environmental impact of this rule and

concluded that under figure 2–1,

paragraphs 34(g) and (i) of Commandant

Instruction M16475.1C, this rule is

categorically excluded from further

environmental documentation. A

‘‘Determination of Categorical

Exclusion’’ is available in the docket for

inspection or copying where indicated

under ADDRESSES.

List of Subjects in 33 CFR Part 165

Marine safety, Navigation (water),

Reporting and recordkeeping

requirements, Waterways.

For the reasons discussed in the

preamble, the Coast Guard amends 33

CFR part 165 as follows:

PART 165 [AMENDED]

1. The citation of authority 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. Revise § 165.100(d)(1)(iii) to read as

follows:

§ 165.100 Regulated Navigation Area:

Navigable Waters within the First Coast

Guard District

* * * * *

(d) * * *

(1) * * *

(iii) The cognizant Captain of the Port

(COTP), upon written application, may

authorize an exemption from the

requirements of paragraph (d)(1)(i) of

this section for—

(A) Any tank barge with a capacity of

less than 25,000 barrels, operating in an

area with limited depth or width such

as a creek or small river; or

(B) Any tank barge operating on any

waters within the COTP Zone, if the

operator demonstrates to the satisfaction

of the COTP that the barge employs an

equivalent level of safety to that

provided by the positive control

provisions of this section. Each request

for an exemption under this paragraph

must be submitted in writing to the

cognizant COTP no later than 7 days

before the intended transit.

* * * * *

Dated: May 26, 2000.

Robert F. Duncan,

Captain, U.S. Coast Guard, Acting

Commander, First Coast Guard District.

[FR Doc. 00–14110 Filed 6–5–00; 8:45 am]

BILLING CODE 4910–15–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD05–00–018]

RIN 2115–AA97

Safety Zone; Ocean View Beach Park,

Chesapeake Bay, VA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone for

the Shore Thing Independence Day

Celebration fireworks display to be held

at the Ocean View Beach Park,

Chesapeake Bay, Virginia. This action

will restrict vessel traffic on the

Chesapeake Bay within a 500-foot

radius of the fireworks display, which

will be fired from shore. The safety zone

is necessary to protect mariners and

spectators from the hazards associated

with the fireworks display.

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

until 10 p.m. on July 1, 2000.

ADDRESSES: You may mail comments

and related material to USCG Marine

Safety Office Hampton Roads, 200

Granby Street, Norfolk, VA, or deliver

them to the same address between 8

a.m. and 4 p.m., Monday through

Friday, except Federal holidays. USCG

Marine Safety Office Hampton Roads

maintains the public docket for this

rulemaking. Comments and materials

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

the above address between 8 a.m. and 4

p.m., Monday through Friday, except

Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Chief Petty Officer Roddy Corr, project

officer, USCG Marine Safety Office

Hampton Roads, telephone number

(757) 441–3290.

SUPPLEMENTARY INFORMATION:

Request for Comments

Although this rule is being published

as a temporary final rule without prior

notice, an opportunity for public

comment is nevertheless desirable to

ensure the rule is both reasonable and

workable. Accordingly, we encourage

you to submit comments and related

material. If you do so, please include

your name and address, identify the

docket number for the rulemaking

(CGD05–00–018), indicate the specific

section of this document to which each

comment applies, and give the reason

Federal Register / Vol. 65, No. 109 / Tuesday, June 6, 2000 / Rules and Regulations 35839

for each comment. Please submit all

comments and related material in an

unbound format, no larger than 8.5 by

11 inches, suitable for copying. If you

would like to know they reached us,

please enclose a stamped, self-addressed

postcard or envelope.

Regulatory Information

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. We were

not notified of this event in sufficient

time to publish an NPRM, allow for

comments, and publish a final rule in

sufficient time to allow notice to the

public for the fireworks display. In

previous years, this event and similar

ones have been held without incident

and without comment from the public

regarding the Coast Guard’s

establishment of limited safety zones

around the fireworks display.

Background and Purpose

The Coast Guard is establishing a

temporary safety zone for the Shore

Thing Independence Day Celebration

fireworks display to be held at Ocean

View Beach Park, Chesapeake Bay,

Virginia. The safety zone will restrict

vessel traffic within a 500-foot radius of

the fireworks display, which will be

fired from land, in approximate position

36° 57.30′ N, 076° 15.00′ W. The safety

zone is necessary to protect mariners

and spectators from the hazards

associated with the fireworks display.

The safety zone is effective from 9

p.m. until 10 p.m. on the July 1, 2000.

Additional public notifications will be

made prior to the event via marine

information broadcasts.

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). This

temporary final rule only affects a

limited area for one hour, alternative

routes exist for maritime traffic, and

advance notification via marine

information broadcasts will enable

mariners to plan their transit to avoid

entering the restricted area. The Coast

Guard expects the economic impact of

this rule to be so minimal that a full

regulatory evaluation under paragraph

10(e) of the regulatory policies and

procedures of the DOT is unnecessary.

Small Entities

Under the Regulatory Flexibility Act

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

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, Virginia

within 500 feet of a shoreside fireworks

display at Ocean View Beach Park

located in approximate position 36°

57.30′ N, 076° 15.00′ W.

This safety zone will not have a

significant economic impact on a

substantial number of small entities for

the following reasons: This temporary

final rule only affects a limited area for

one hour, alternative routes exist for

maritime traffic, and advance

notification via marine information

broadcasts will enable mariners to plan

their transit to avoid entering the

restricted area.

Collection of Information

This rule calls for no new collection

of information under the Paperwork

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

et seq.).

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 unfunded mandate

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 applicable 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 considered the

environmental impact of 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. This

regulation will have no impact on the

environment.

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 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. Section 165.100 is also issued

under authority of Sec. 311, Pub. L. 105–383.

2. Add temporary § 165.T05–018 to

read as follows:

§ 165.T05–018 Safety Zone; Ocean View

Beach Park, Chesapeake Bay, Virginia.

(a) Location. The following area is a

safety zone: All waters of the

Chesapeake Bay, within a 500-foot

radius of a shoreside fireworks display

in approximate position 36° 57.30′ N,

076° 15.00′ W.

(b) Captain of the Port. Captain of the

Port means the Commanding Officer of

the Marine Safety Office Hampton

Roads, Norfolk, VA or any Coast Guard

commissioned, warrant, or petty officer

35840 Federal Register / Vol. 65, No. 109 / Tuesday, June 6, 2000 / Rules and Regulations

who has been authorized to act on his

behalf.

(c) Regulations. (1) All persons are

required to comply with the general

regulations governing safety zones

found in section 165.23 of this part.

(2) Persons or vessels requiring entry

into or passage through this safety zone

must first request authorization from the

Captain of the Port. The Coast Guard

representative enforcing the safety zone

can be contacted on VHF marine band

radio, channels 13 and 16. The Captain

of the Port can be contacted at telephone

number (757) 484–8192.

(3) The Captain of the Port will notify

the public of changes in the status of

this safety zone by marine information

broadcast on VHF marine band radio,

channel 22 (157.1 MHz).

(d) Effective Date. This section is in

effect from 9 p.m. until 10 p.m. on July

1, 2000.

Dated: May 26, 2000.

J. E. Schrinner,

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

Port Hampton Roads.

[FR Doc. 00–14153 Filed 6–5–00; 8:45 am]

BILLING CODE 4910–15–U

NATIONAL ARCHIVES AND RECORDS

ADMINISTRATION

36 CFR Part 1280

RIN 3095–AA06

Public Use of NARA Facilities;

Correction

AGENCY: National Archives and Records

Administration (NARA).

ACTION: Final rule; correction.

SUMMARY: NARA published in the

Federal Register of June 1, 2000 a final

rule revising its regulations for use of its

facilities. Inadvertently, we omitted a

qualification that NARA employees may

use the NARA shuttle between the

National Archives Building and the

College Park facility for official

purposes only. This document provides

the correct text.

DATES: Effective on July 1, 2000.

FOR FURTHER INFORMATION CONTACT:

Shawn Morton at (301) 713–7360,

extension 253.

SUPPLEMENTARY INFORMATION: NARA

published a final rule document in the

Federal Register of June 1, 2000, (65 FR

34977) revising 36 CFR part 1280,

Public Use of NARA Facilities. Section

1280.14 provides the conditions under

which NARA employees, other

Government employees, and the public

may use the NARA shuttle. NARA has

had a long-standing policy that NARA

employees may use the shuttle only for

official purposes, but this limitation was

omitted from the final rule. This

correction provides that text.

In the document FR 00–13810

published on June 1, 2000, (65 FR

34977) make the following correction:

§ 1280.14 [Corrected]

1. On page 34979, in the second

column, in § 1280.14, correct the fifth

line of that section to read ‘‘intended for

NARA employees’ use for official

purposes. Other’’.

Dated: June 1, 2000.

Nancy Y. Allard,

Federal Register Liaison Officer.

[FR Doc. 00–14117 Filed 6–5–00; 8:45 am]

BILLING CODE 7515–01–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[PA 153–4100a; FRL–6702–3]

Approval and Promulgation of Air

Quality Implementation Plans;

Pennsylvania; Nitrogen Oxides

Allowance Requirements

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking direct final

action to approve revisions to the

Commonwealth of Pennsylvania State

Implementation Plan (SIP). The revision

consists of amendments to

Pennsylvania’s Nitrogen Oxides (NOX)

Allowance Requirements. The revisions

implement the Ozone Transport

Commission’s (OTC) September 27,

1994 Memorandum of Understanding

(MOU) in the Commonwealth of

Pennsylvania. In accordance with the

MOU, the revisions implement the

Pennsylvania portion of a regional NOX

cap and trade program that significantly

reduces NOX emissions generated

within the Ozone Transport Region

(OTR). EPA is approving these revisions

in accordance with the requirements of

the Clean Air Act.

DATES: This rule is effective on August

7, 2000 without further notice, unless

EPA receives adverse written comment

by July 6, 2000. If EPA receives such

comments, it will publish a timely

withdrawal of the direct final rule in the

Federal Register and inform the public

that the rule will not take effect.

ADDRESSES: Written comments may be

mailed to David L. Arnold, Chief, Ozone

& Mobile Sources Branch, Mailcode

3AP21, U.S. EPA, Region III, 1650 Arch

Street, Philadelphia, PA 19103. Copies

of the documents relevant to this action

are available for public inspection

during normal business hours at the Air

Protection Division, EPA, Region III,

1650 Arch Street, Philadelphia, PA

19103 and Pennsylvania Department of

Environmental Protection, Bureau of Air

Quality, P.O. Box 8468, 400 Market

Street, Harrisburg, PA 17105.

FOR FURTHER INFORMATION CONTACT:

Cristina Fernandez, (215) 814–2178, or

by e-mail at fernandez.cristina@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

On December 19, 1997, the

Pennsylvania Department of

Environmental Protection (DEP)

submitted a revision to its SIP. The

revision consists of amendments to Title

25 of the Pennsylvania Code including

Chapter 121—Definitions and Chapter

123—NOX Allowance Requirements. On

December 27, 1999, DEP submitted a

subsequent revision to its SIP amending

Chapter 121—Definitions and Chapter

123—NOX Allowance Requirements.

This regulation is part of a regional NOX

reduction program based upon an MOU

drawn between the member states of the

OTC. The OTC adopted a MOU on

September 27, 1994, committing the

signatory states to the development and

implemenation of a two phase regionwide reduction in NOX emissions by

1999 and 2003, respectively. As

reasonably available control technology

(RACT) to reduce NOX emissions was

required to be implemented by May of

1995, the MOU refers to the reduction

in NOX emissions to be achieved by

1999 as Phase II; and the reduction in

NOX emissions to be achieved by 2003

as Phase III. The OTC member states

include Maine, New Hampshire,

Vermont, Massachusetts, Connecticut,

Rhode Island, New York, New Jersey,

Pennsylvania, Maryland, Delaware, the

northern counties of Virginia, and the

District of Columbia. All of the OTC

members, with the exception of the

Commonwealth of Virginia, signed the

September 27, 1994 MOU. The OTC

MOU requires a reduction in ozone

season NOX emissions from utility and

large industrial combustion facilities

within the OTR in order to further the

effort to achieve the health-based

National Ambient Air Quality Standard

(NAAQS) for ozone. In the MOU, the

OTC states agreed to propose

regulations for the control of NOX

emissions in accordance with the

following guidelines:

1. The level of NOX required would be

established from a 1990 baseline

emissions level.