Federal Register / Vol. 65, No. 124 / Tuesday, June 27, 2000 / Rules and Regulations 39545

11 p.m., July 4, 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. 00–16248 Filed 6–26–00; 8:45 am]

BILLING CODE 4910–15–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD09–00–020]

RIN 2115–AA97

Safety Zone: Lake Erie, Red, White and

Blues Bang, Huron, Ohio

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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 1st,

Red, White and Blues Bang 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 1, 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 the event sponsor

did not provide us with 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 Red, White and

Blues Bang fireworks display. 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, l979).

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

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