Federal Register / Vol. 65, No. 115 / Wednesday, June 14, 2000 / Rules and Regulations 37285

New London, in position 41°21′47.0′′N,

072°05′14.0′′W (NAD 1983), then

southward along the east side of the

Federal Channel to the New London

Harbor Channel Lighted Buoy ‘‘2’’

(LLNR 21790) in approximate position

41°17′38′′N, 072°04′40′′W (NAD 1983),

then to Bartlett Reef Lighted Bell Buoy

‘‘4’’ (LLNR 21065) in approximate

position 41°15′38′′N, 072°08′22′′W (NAD

1983), then south to Bartlett Reef

Lighted Buoy ‘‘1’’ (LLNR 21065) in

approximate position 41°16′28′′N,

072°07′54′′W (NAD 1983), then to an

area located, bearing 192°T,

approximately 325 yards from Rapid

Rock Buoy ‘‘R’’ (LLNR 21770)

41°17′07′′N, 072°06′09′′W (NAD 1983),

then to position 41°18′04′′N,

072°04′50′′W, (NAD 1983), which meets

the west side of the Federal Channel,

then along the west side of the Federal

Channel to the Thames River Railroad

Bridge in the Port of New London, in

the position 41°21′46′′N, 072°05′23′′W

(NAD 1983). This safety zone will be

used for the parade route of Tall Ships

from 7:30 a.m., on July 12, 2000, until

5 p.m., on July 12, 2000.

(b) No vessel may transit within

Safety Zone 1 or 2 without the express

authorization of the Coast Guard

Captain of the Port, Long Island Sound,

or his on-scene representative. All

persons and vessels shall comply with

the instructions of the Coast Guard

Captain of the Port or the designated onscene 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.

(c) This section is applicable from

7:30 a.m. on July 12, 2000, until 5 p.m.

on July 12, 2000.

Dated: June 8, 2000.

G.N. Naccara,

Rear Admiral, U.S. Coast Guard, Commander,

First Coast Guard District.

[FR Doc. 00–15009 Filed 6–9–00; 3:39 pm]

BILLING CODE 4910–15–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD09–00–014]

RIN 2115–AA97

Safety Zone: Lake Erie, Ottawa River,

Washington Township, Ohio

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone on

the Ottawa River, in the state of Ohio.

This zone restricts the entry of vessels

into the area designated for the June 24,

2000 Summerfest fireworks display.

This temporary safety zone is necessary

to protect mariners in case of accidental

misfire of fireworks mortar rounds.

DATES: This rule is effective from 2:30

P.M., to 11 P.M. June 24, 2000.

ADDRESSES: The U.S. Coast Guard

Marine Safety Office in Toledo, Ohio

maintains the public docket for this

rule. Documents identified in this rule

will be available for public copying and

inspection between 9:30 A.M. and 2

P.M., Monday through Friday, except

federal holidays. The Marine Safety

Office is located at 420 Madison Ave,

Suite 700, Toledo, Ohio 43604; (419)

259–6372.

FOR FURTHER INFORMATION CONTACT:

Chief Marine Science Technician

Michael Pearson, Asst. Chief of Port

Operations, Marine Safety Office, 420

Madison Ave, Suite 700, Toledo, Ohio

43604; (419) 259–6372.

SUPPLEMENTARY INFORMATION: We did

not publish a notice of proposed

rulemaking (NPRM) for this regulation.

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

Guard finds that good cause exists for

not publishing an NPRM.

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. Publication of a notice of

proposed rulemaking and delay of

effective date would be contrary to

public interest because immediate

action is necessary to protect the

maritime public and other persons from

the hazards associated with fireworks

displays.

Background and Purpose

This temporary rule is necessary to

ensure the safety of the maritime

community during setup, loading and

firing operations of fireworks in

conjunction with the City of Toledo

Summerfest Fireworks. Entry into the

safety zone without permission of the

Captain of the port is prohibited. The

Captain of the Port may be contacted via

Coast Guard Station Toledo on VHF–FM

Channel 16.

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 this rule 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 finding is based on the historical

lack of vessel traffic at this time of year.

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 safety zone will not have a

significant economic impact on a

substantial number of small entities for

the following reasons. This rule will be

in effect for less than one day when

vessel traffic can pass safely around the

safety zone.

Assistance for Small Entities

In accordance with the Small

Business Regulatory Enforcement

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

assistance to small entities in

understanding the rule so that they

could better evaluate its effects on them

and participate in the rulemaking

process is available upon request. 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.

37286 Federal Register / Vol. 65, No. 115 / Wednesday, June 14, 2000 / Rules and Regulations

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 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 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. A

‘‘Categorical Exclusion Determination’’

is available in the docket for inspection

or copying where indicated under

ADDRESSES.

List of Subjects

Harbors, Marine safety, Navigation

(water), Reporting and record keeping

requirements, Security measures,

Vessels, 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;

and 33 CFR 1.05–1(g), 6.04–6, and 160.5; and

49 CFR 1.46.

2. A new temporary section 165.T09–

014 is added to read as follows:

§ 165.T09–014 Safety zone: Lake Erie,

Ottawa River, Ohio Washington Township,

Ohio.

(a) Location. The following area is a

temporary safety zone. The waters and

adjacent shoreline inside a 420′ radius

as extended from position 41 deg.43

min.21 sec. N by 083 deg.28 min.46

sec.W, off the southeast end of the

Summit Street Bridge structure. Lake

Erie, Ohio. All nautical positions are

based on North American Datum of

1983.

(b) Effective dates. This regulation is

effective between the hours of 2:30 P.M.

TO 11 P.M., June 24, 2000, unless

terminated earlier by the Captain of the

Port.

(c) Restrictions. In accordance with

the general regulations in section 165.23

of this part, entry into this zone is

prohibited unless authorized by the

Captain of the Port.

Dated: June 1, 2000.

David L. Scott,

Commander, U.S. Coast Guard, Captain of

the Port.

[FR Doc. 00–15055 Filed 6–13–00; 8:45 am]

BILLING CODE 4910–15–U

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[UT–001–0029; FRL–6711–9]

Approval and Promulgation of Air

Quality Implementation Plan for Utah:

Transportation Control Measures

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is approving revisions to

the Utah State Implementation Plan

(SIP) that incorporate a new

transportation control measure (TCM) in

Utah County. Approval of this TCM as

part of the Utah SIP means that this

measure will receive priority for

funding, and that it may proceed in the

event of a transportation conformity

lapse. We are approving this SIP

revision under sections 110(k) and 176

of the Clean Air Act. We give our

rationale for approving this SIP revision

in this document.

DATES: This rule is effective on August

14, 2000 without further notice, unless

EPA receives adverse comment by July

14, 2000. If we receive adverse

comment, we will publish a timely

withdrawal in the Federal Register

informing the public that this rule will

not take effect.

ADDRESSES: Written comments may be

mailed to: Richard R. Long, Director, Air

and Radiation Program, Mailcode 8P–

AR, United States Environmental

Protection Agency, Region VIII, 999

18th Street, Suite 500, Denver, Colorado

80202–2466.

Copies of the documents relevant to

this action are available for public

inspection during normal business

hours at the following offices:

United States Environmental Protection

Agency, Region VIII, Air and

Radiation Program, 999 18th Street,

Suite 500, Denver, Colorado 80202–

2466; and,

United States Environmental Protection

Agency, Air and Radiation Docket and

Information Center, 401 M Street, SW,

Washington, DC 20460.

Copies of the State documents

relevant to this action are available for

public inspection at:

Utah Division of Air Quality,

Department of Environmental Quality,

150 North 1950 West, Salt Lake City,

Utah, 84114–4820.

FOR FURTHER INFORMATION CONTACT: Jeff

Houk, Air and Radiation Program,

Mailcode 8P–AR, United States

Environmental Protection Agency,

Region VIII, 999 18th Street, Suite 500,

Denver, Colorado 80202–2466.

Telephone number: (303) 312–6446.

SUPPLEMENTARY INFORMATION:

Throughout this document, wherever

‘‘we,’’ ‘‘our,’’ or ‘‘us’’ is used, we mean

EPA.

I. What Is EPA Approving Today and

Why?

We are approving revisions to the

Utah SIP to incorporate a new TCM.

Specifically, we are approving revisions

to SIP Section XI, ‘‘Other Control

Measures for Mobile Sources,’’ and a

new rule, R307–110–19, that

incorporates this section of the SIP into

State regulation. The specific TCM

incorporated in Section XI is the

construction of up to 700 park and ride

spaces in Utah County by the year 2006.

The SIP revision does not specify a

location for these park and ride spaces,

but refers to the Mountainland

Association of Governments’ ‘‘Utah

Valley Area Park and Ride Lot Plan,’’

which will guide implementation of this

measure. Construction of these park and

ride spaces is estimated to result in

emission reductions of up to 737

pounds per day of carbon monoxide,

175 pounds per day of nitrogen oxides,

75 pounds per day of volatile organic

compounds, and 116 pounds per day of

particulate matter in the year 2010 (the