Federal Register / Vol. 65, No. 124 / Tuesday, June 27, 2000 / Rules and Regulations 39547

10e of the regulatory policies and

procedures of DOT is unnecessary.

Although this regulation prevents

traffic from transiting New Haven

Harbor during the event, the effect of

this regulation will not be significant for

the following reasons: the limited

duration that the safety zone will be in

effect and the extensive advance

notifications that will be made to the

maritime community via the Local

Notice to Mariners, facsimile, marine

information broadcast, local area

committee meetings, and New Haven

area newspapers. Mariners will be able

to adjust their plans accordingly base on

the extensive advance information.

Additionally, this safety zone has been

narrowly tailored to impose the least

impact on maritime interests yet

provide the level of safety deemed

necessary.

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.

This rule would affect the following

entities, some of which might be small

entities: the owners or operators of

vessels intending to transit through

portions of Long Island Sound and New

Haven Harbor during various times of

July 15, 2000. Although these

regulations apply to a substantial

portion of New Haven Harbor,

designated areas for viewing the

Amistad arrival are being established to

allow for maximum use of the

waterways by vessels that usually

operate in the affected areas. New

Haven Harbor will be closed to

commercial traffic during the Amistad

arrival parade. Before the effective

period, the Coast Guard would make

notifications to the public via mailings,

facsimiles, the Local Notice to Mariners

and the use of the sponsor’s Internet

site. In addition, the sponsoring

organization, Amistad Historical

society, is planning to provide

notification of the event via local

newspapers, pamphlets and television

and radio broadcasts.

If, however, you think that your

business or organization qualifies as a

small entity and that this proposed rule

will have a significant economic impact

on it, please submit a comment (see

ADDRESSES) explaining why you think it

qualifies and how and to what degree

this rule would economically affect it.

Collection of Information

This rule would 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

Government’s having first provided the

funds to pay those costs. This rule

would not impose an unfunded

mandate.

Taking of Private Property

This rule would 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 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 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

Marine safety, Navigation (water),

Reporting and record keeping

requirements, Waterways.

Temporary Regulation

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

reads 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.T01–166 to

read as follows:

§ 164.T01–166 Safety Zone; Arrival of

Sailing Vessel AMISTAD in New Haven

Harbor, Connecticut.

(a) Location. All waters of New Haven

Harbor within the boundaries of the

marked channel leading from the New

Haven Harbor entrance buoy to the I–95

Quinnipiac River Bridge.

(b) Effective period. This section is

effective from 10:00 a.m. until 4:00 p.m.,

on July 15, 2000.

(c) Regulations. (1) The rules covering

safety zones contained in section 165.23

of this part 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.

U.S. Coast Guard patrol personnel

include commissioned, warrant, and

petty officers of the Coast Guard. Upon

being hailed by a U.S. Coast Guard

vessel via siren, radio, flashing light, or

other means, the operator of a vessel

shall proceed as directed.

Dated: May 24, 2000.

David P. Pekoske,

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

Port, Long Island Sound.

[FR Doc. 00–16246 Filed 6–26–00; 8:45 am]

BILLING CODE 4910–15–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD09–00–023]

RIN 2115–AA97

Safety Zone: Lake Erie, Huron River

Fest, Huron, Ohio

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

39548 Federal Register / Vol. 65, No. 124 / Tuesday, June 27, 2000 / Rules and Regulations

SUMMARY: The Coast Guard is

establishing a temporary safety zone on

the Huron River, in the state of Ohio.

This zone restricts the entry of vessels

into the area designated for the July 8,

2000 Huron river fest 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 10

a.m., to 11 p.m. July 8, 2000.

ADDRESSES: The U.S. Coast Guard

Marine Safety Office in Toledo, Ohio

maintains the public document 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. We had insufficient time to

publish a Notice of Proposed

Rulemaking because we did not receive

adequate advance notice of this event.

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 Huron river

fest. 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.

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 in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and recordkeeping

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:

Federal Register / Vol. 65, No. 124 / Tuesday, June 27, 2000 / Rules and Regulations 39549

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–

023 is added to read as follows:

§ 165.T09–023 Safety zone: Lake Erie,

Huron Boat Basin, Huron River, Huron

Ohio.

(a) Location. The following area is a

temporary safety zone: The waters and

adjacent shoreline inside a 560′ radius

as extended from position 41°23′45′′ N,

082°32′55′′ W, 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 10 a.m.

to 11 p.m., July 8, 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 14, 2000.

David L. Scott,

Commander, U.S. Coast Guard, Captain of

the Port.

[FR Doc. 00–16245 Filed 6–26–00; 8:45 am]

BILLING CODE 4910–15–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD09–00–022]

RIN 2115–AA97

Safety Zone—Lake Erie, Maumee

River, Ohio

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone on

the Maumee River, in the state of Ohio.

This zone restricts the entry of vessels

into the area designated for the July 4th,

2000 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 8:30

a.m., to 11 p.m. July 4, 2000.

ADDRESSES: The U.S. Coast Guard

Marine Safety Office in Toledo, Ohio

maintains the public document 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. We had insufficient time to

publish a Notice of Proposed

Rulemaking because we did not receive

adequate advance notice of this event.

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

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.

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