38210 Federal Register / Vol. 65, No. 119 / Tuesday, June 20, 2000 / Rules and Regulations

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 York River, Virginia

within 1000 feet of a shoreside

fireworks display at the National Park

Service Beach Picnic area located in

approximate position 37° 14.12′ N, 076°

30.25′ 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 section 165.T05–

019 to read as follows:

§ 165.T05–019 Safety Zone; York River,

Virginia.

(a) Location. The following area is a

safety zone: All waters of the York

River, within a 1000-foot radius of a

shoreside fireworks display in

approximate position 37° 14.12′ N, 076°

30.25′ 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

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

4, 2000.

Dated: June 6, 2000.

J.E. Schrinner,

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

Port Hampton Roads.

[FR Doc. 00–15516 Filed 6–19–00; 8:45 am]

BILLING CODE 4910–15–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD05–00–020]

RIN 2115–AA97

Safety Zone; Hill Bay, VA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone for

the County of Mathews fireworks

display to be held on shore adjacent to

Hill Bay, Mathews, Virginia. This action

will restrict vessel traffic on Hill Bay

within a 500-foot radius of the shoreside

display. 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 4, 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:

Federal Register / Vol. 65, No. 119 / Tuesday, June 20, 2000 / Rules and Regulations 38211

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 (CGD05–00–020),

indicate the specific section of this

document to which each comment

applies, and give the reason for each

comment. Please submit all comments

and related materials 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 the event in sufficient

time to publish a 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 fireworks displays.

Background and Purpose

The Coast Guard is establishing a

temporary safety zone for the County of

Mathews fireworks display to be held

on shore adjacent to Hill Bay, Mathews,

Virginia. The safety zone will restrict

vessel traffic on Hill Bay within a 500-

foot radius of the fireworks display, in

approximate position 37° 29.20′ N, 076°

18.50′ 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 July 4, 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 Hill Bay within 500 feet of

a shoreside fireworks display in

approximate position 37° 29.20′ N, 076°

18.50′ 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 M16475.1C, 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.T05–020 to

read as follows:

§ 165.T05–020 Safety Zone; Hill Bay,

Virginia.

(a) Location. The following area is a

safety zone: All waters of Hill Bay,

38212 Federal Register / Vol. 65, No. 119 / Tuesday, June 20, 2000 / Rules and Regulations

within a 500-foot radius of a shoreside

fireworks display in approximate

position 37°(29.20′ N, 076° 18.50′ 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

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

4, 2000.

Dated: June 6, 2000.

J. E. Schrinner,

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

Port Hampton Roads.

[FR Doc. 00–15518 Filed 6–19–00; 8:45 am]

BILLING CODE 4910–15–U

FEDERAL EMERGENCY

MANAGEMENT AGENCY

44 CFR Part 67

Final Flood Elevation Determinations

AGENCY: Federal Emergency

Management Agency (FEMA).

ACTION: Final rule.

SUMMARY: Base (1-percent-annualchance) flood elevations and modified

base flood elevations are made final for

the communities listed below. The base

flood elevations and modified base

flood elevations are the basis for the

floodplain management measures that

each community is required either to

adopt or to show evidence of being

already in effect in order to qualify or

remain qualified for participation in the

National Flood Insurance Program

(NFIP).

EFFECTIVE DATE: The date of issuance of

the Flood Insurance Rate Map (FIRM)

showing base flood elevations and

modified base flood elevations for each

community. This date may be obtained

by contacting the office where the FIRM

is available for inspection as indicated

in the table below.

ADDRESSES: The final base flood

elevations for each community are

available for inspection at the office of

the Chief Executive Officer of each

community. The respective addresses

are listed in the table below.

FOR FURTHER INFORMATION CONTACT:

Matthew B. Miller, P.E., Chief, Hazards

Study Branch, Mitigation Directorate,

500 C Street SW., Washington, DC

20472, (202) 646–3461, or (e-mail)

matt.miller@fema.gov.

SUPPLEMENTARY INFORMATION: The

Federal Emergency Management Agency

makes final determinations listed below

of base flood elevations and modified

base flood elevations for each

community listed. The proposed base

flood elevations and proposed modified

base flood elevations were published in

newspapers of local circulation and an

opportunity for the community or

individuals to appeal the proposed

determinations to or through the

community was provided for a period of

ninety (90) days. The proposed base

flood elevations and proposed modified

base flood elevations were also

published in the Federal Register.

This final rule is issued in accordance

with Section 110 of the Flood Disaster

Protection Act of 1973, 42 U.S.C. 4104,

and 44 CFR Part 67.

FEMA has developed criteria for

floodplain management in floodprone

areas in accordance with 44 CFR Part

60.

Interested lessees and owners of real

property are encouraged to review the

proof Flood Insurance Study and FIRM

available at the address cited below for

each community.

The base flood elevations and

modified base flood elevations are made

final in the communities listed below.

Elevations at selected locations in each

community are shown.

National Environmental Policy Act

This rule is categorically excluded

from the requirements of 44 CFR Part

10, Environmental Consideration. No

environmental impact assessment has

been prepared.

Regulatory Flexibility Act

The Associate Director for Mitigation

certifies that this rule is exempt from

the requirements of the Regulatory

Flexibility Act because final or modified

base flood elevations are required by the

Flood Disaster Protection Act of 1973,

42 U.S.C. 4104, and are required to

establish and maintain community

eligibility in the NFIP. No regulatory

flexibility analysis has been prepared.

Regulatory Classification

This final rule is not a significant

regulatory action under the criteria of

Section 3(f) of Executive Order 12866 of

September 30, 1993, Regulatory

Planning and Review, 58 FR 51735.

Executive Order 12612, Federalism

This rule involves no policies that

have federalism implications under

Executive Order 12612, Federalism,

dated October 26, 1987.

Executive Order 12778, Civil Justice

Reform

This rule meets the applicable

standards of Section 2(b)(2) of Executive

Order 12778.

List of Subjects in 44 CFR Part 67

Administrative practice and

procedure, Flood insurance, Reporting

and recordkeeping requirements.

Accordingly, 44 CFR part 67 is

amended to read as follows:

PART 67—[AMENDED]

1. The authority citation for Part 67

continues to read as follows:

Authority: 42 U.S.C. 4001 et seq.;

Reorganization Plan No. 3 of 1978, 3 CFR,

1978 Comp., p. 329; E.O. 12127, 44 FR 19367,

3 CFR, 1979 Comp., p. 376.

§ 67.11 [Amended]

2. The tables published under the

authority of § 67.11 are amended as

follows:

Source of flooding and location

#Depth in

feet above

ground.

*Elevation

in feet

(NGVD).

IOWA

Harrison County (Unincorporated Areas) (FEMA

Docket No. 7302)

Missouri River:

Approximately 20,000 feet

downstream of Highway 30 *1,005

Approximately 10,000 feet

upstream of 120th Street .. *1,032

Maps are available for inspection at the Harrison

County, Emergency Management Agency, 116 North 2nd

Avenue, Logan, Iowa.

———

Polk County (Unincorporated Areas) (FEMA

Docket No. 7306)

Beaver Creek:

At mouth (approximately

3,950 feet downstream

from Northwest Beaver

Drive .................................. *805