39546 Federal Register / Vol. 65, No. 124 / Tuesday, June 27, 2000 / Rules and Regulations

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. 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:

Authority: 33 U.S.C. 1231; 50 U.S.C. 191;

and 33 C.F.R. 1.05–1(g), 6.04–6, and 160.5;

and 49 C.F.R. 1.46.

2. A new temporary section 165.T09–

020 is added to read as follows:

§ 165.T09–020 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

circumference with a 560 ft. radius as

extended from position 41 deg.23

min.45 sec. N by 082 deg.32 min.55 sec.

W, Lake Erie, OH. All nautical positions

are based on North American Datum of

1983.

(b) Effective date. This regulation is

effective between the hours of 10 a.m.

to 11 p.m., July 1, 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 13, 2000.

David L. Scott,

Commander, U.S. Coast Guard, Captain of

the Port.

[FR Doc. 00–16247 Filed 6–26–00; 8:45 am]

BILLING CODE 4910–15–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01–00–166]

RIN 2115–AA97

Safety Zone: Arrival of Sailing Vessel

AMISTAD, New Haven Harbor,

Connecticut

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone for

the arrival of the sailing vessel

AMISTAD in New Haven Harbor, New

Haven, CT on July 15, 2000. This action

will restrict vessel traffic in New Haven

Harbor and is needed to protect the S/

V Amistad, recreational and commercial

vessels and their passengers and crew.

DATES: This rule is effective from 10:00

a.m. until 4:00 p.m. on July 15, 2000.

ADDRESSES: You may mail comments

and related material to Coast Guard

Group/Marine Safety Office Long Island

Sound, 120 Woodward Ave, New

Haven, CT 06512–3698. The Response

Department maintains the public docket

for this rulemaking. Comments and

material 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 Response Department

between 7:30 a.m. and 4:00 p.m.,

Monday through Friday, except Federal

holidays.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Robert D. Mutto, Group/

MSO Long Island Sound, New Haven,

Connecticut, (203)468–4438.

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 participate in this rulemaking by

submitting comments and related

material. If you do so, please include

your name and address, identify the

docket number for this rulemaking

(CGD01–00–166), 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 material in an

unbound format, no larger than 81⁄2 by

11 inches, suitable for copying. If you

would like to know they reached us,

please enclose a stamped, self-addressed

postcard or envelope. We will consider

all comments and material received

during the comment period. We may

change this proposed rule in view of

them.

Regulatory History

We did not publish a notice of

proposed rulemaking (NPRM) for this

regulation. Under 5 U.S.C. 553(b)(8), the

Coast Guard finds that good cause exists

for not publishing an NPRM. We were

not notified of the event with sufficient

time to publish an NPRM, allow for

comments, and publish a final rule in

sufficient time to allow notice to the

public.

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. This is a locally supported

event with minimal impact on the

waterways and the zones are only in

affect for a short duration.

Background and Purpose

The Amistad Historical Society is

sponsoring a voyage of the sailing vessel

Amistad from New London Harbor to

NewHaven Harbor. On July 14, 2000,

the Amistad and participating vessels

will transit from New London Harbor

via Long Island Sound to New Haven.

The Amistad will arrive in New Haven

Harbor on July 15, 2000 and will transit

to a berth at Long Wharf Pier.

The Coast Guard will establish a

safety zone in New Haven Harbor on

July 15, 2000, to protect the maritime

public and participating vessels from

possible hazards to navigation caused

by the arrival of the sailing vessel

AMISTAD on July 15, 2000. The safety

zone includes all waters of New Haven

Harbor within the boundaries of the

marked channel from the Hew Haven

Harbor entrance buoy to the I–95

Quinnipiac River Bridge. This safety

zone is effective from 10:00 a.m. until

4:00 p.m. on July 15, 2000.

Regulatory Evaluation

This proposed 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

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.