Federal Register / Vol. 65, No. 123 / Monday, June 26, 2000 / Rules and Regulations 39299

prepared and certification made that

such regulations would not have a

significant economic effect upon a

substantial number of small entities.

Accordingly, this rule will ensure that

existing requirements previously

promulgated by OSM will be

implemented by the state. In making the

determination as to whether this rule

would have a significant economic

impact, the Department relied upon the

data and assumptions for the

counterpart federal regulations.

Small Business Regulatory Enforcement

Fairness Act

This rule is not a major rule under 5

U.S.C. 804(2), the Small Business

Regulatory Enforcement Fairness Act.

This rule:

a. Does not have an annual effect on

the economy of $100 million.

b. Will not cause a major increase in

costs or prices for consumers,

individual industries, federal, state, or

local government agencies, or

geographic regions.

c. Does not have significant adverse

effects on competition, employment,

investment, productivity, innovation, or

the ability of U.S. based enterprises to

compete with foreign-based enterprises.

This determination is based upon the

fact that the state submittal which is the

subject of this rule is based upon

counterpart federal regulations for

which an analysis was prepared and a

determination made that the federal

regulation was not considered a major

rule.

Unfunded Mandates

This rule will not impose a cost of

$100 million or more in any given year

on any governmental entity or the

private sector.

List of Subjects in 30 CFR Part 938

Intergovernmental relations, Surface

mining, Underground mining.

Dated: June 12, 2000.

Allen D. Klein,

Regional Director, Appalachian Regional

Coordinating Center.

For the reasons set out in the

preamble, Title 30, Chapter VII,

Subchapter T of the Code of Federal

Regulations is amended as set forth

below:

PART 938—PENNSYLVANIA

1. The authority citation for part 938

continues to read as follows:

Authority: 30 U.S.C. 1201 et seq.

2. Section 938.15 is amended in the

table by adding a new entry in

chronological order by ‘‘Date of Final

Publication’’ to read as follows:

§ 938.15 Approval of Pennsylvania

regulatory program amendments.

Original amendment submission

date Date of final publication Citation/description

*******

November 30, 1999 ....................... June 26, 2000 ................................ 25 Pa. Code 86.2, 86.37, 86.40, 86.64, 86.70, 86.132–86.134,

86.174, 87.1, 87.77, 87.93, 87.97, 87.101, 87.106, 87.126, 87.127,

87.138, 87.144, 87.146, 87.159, 87.160, 87.166, 87.173, 87.174,

87.176, 87.209, 88.1, 88.56, 88.83, 88.91, 88.96, 88.118, 88.133,

88.138, 88.144, 88.191, 88.221, 88.231, 88.237, 88.283, 88.291,

88.296, 88.334, 88.335, 88.341, 88.492, 88.509, 89.38, 89.65,

89.67, 89.82, 89.87, 89.88, 89.90, 90.1, 90.40, 90.93, 90.97,

90.101, 90.106, 90.134, 90.140, 90.147, 90.150, 90.166.

3. Section 938.16 is amended by

removing and reserving paragraph (ll)

and by adding paragraph (gggg) as

follows:

§ 938.16 Required regulatory program

amendments.

* * * * *

(ll) [Reserved]

* * * * *

(gggg) By August 25, 2000,

Pennsylvania shall amend its

performance standards for coal refuse

disposal, or provide a written

description of an amendment together

with a timetable for enactment which is

consistent with established

administrative or legislative procedures

in the state, to require that haul roads

and access roads be designed,

constructed and maintained to control

or prevent erosion.

[FR Doc. 00–16087 Filed 6–23–00; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01–00–145]

RIN 2115–AA97

Safety Zone: Fireworks Display, Pier

54, Hudson River, New York

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone for

a fireworks display located on the

Hudson River. This action is necessary

to provide for the safety of life on

navigable waters during the event. This

action is intended to restrict vessel

traffic in a portion of the Hudson River.

DATES: This rule is effective from 10

p.m. (e.s.t.), until 11:30 p.m. (e.s.t.) on

June 26, 2000.

ADDRESSES: Comments and material

received from the public, as well as

documents indicated in this preamble as

being available in the docket, are part of

docket (CGD01–00–145) and are

available for inspection or copying at

Coast Guard Activities New York, 212

Coast Guard Drive, room 204, Staten

Island, New York 10305, between 8 a.m.

and 3 p.m., Monday through Friday,

except Federal holidays. The telephone

number is (718) 354–4012.

FOR FURTHER INFORMATION CONTACT:

Lieutenant M. Day, Waterways

Oversight Branch, Coast Guard

Activities New York (718) 354–4012.

SUPPLEMENTARY INFORMATION:

Regulatory Information

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. Good

cause exists for not publishing an NPRM

due to the date the Application for

Approval of Marine Event was received,

there was insufficient time to draft and

publish an NPRM for the event. Further,

it is a local, community supported event

with minimal impact on the waterway,

vessels may still transit through the

39300 Federal Register / Vol. 65, No. 123 / Monday, June 26, 2000 / Rules and Regulations

western 165 yards of the 885-yard wide

Hudson River during the display, and

the zone is only in affect for 11⁄2 hours

and vessels can be given permission to

transit the zone except for about 45

minutes during this time. Any delay

encountered in this regulation’s

effective date would be unnecessary and

contrary to public interest since

immediate action is needed to close the

waterways and protect the maritime

public from the hazards associated with

this fireworks display.

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 due to the following

reasons: it is an annual event with local

community support, it is a local event

with minimal impact on the waterway,

the zone is only in affect for 11⁄2 hours

and vessels can be given permission to

transit the zone except for about 45

minutes during this time, and marine

traffic will be able to transit through the

western 165 yards of the 885-yard wide

Hudson River during the display.

Finally, this rule creates a safety zone

that will only be enforced if the annual

event, scheduled for Sunday, June 25,

2000, is cancelled due to inclement

weather.

Background and Purpose

The Coast Guard has received an

application to hold a fireworks program

on the waters of the Hudson River. This

regulation establishes a safety zone in

all waters of the Hudson River within a

360-yard radius of the fireworks barge in

approximate position 40°44′31′′ N

074°01′00′′ W (NAD 1983), about 400

yards west of Pier 54, Manhattan. The

safety zone is in effect from 10 p.m.

(e.s.t.) until 11:30 p.m. (e.s.t.) on

Monday, June 26, 2000. This is an

annual event regulated by 33 CFR

100.114 for the last Sunday in June.

This rule is for the rain date of June 26,

2000, which is not addressed in the

current regulation. This safety zone will

not be enforced on Monday, June 26, if

the fireworks display is held on Sunday,

June 25, 2000. The safety zone prevents

vessels from transiting a portion of the

Hudson River and is needed to protect

boaters from the hazards associated with

fireworks launched from a barge in the

area. Marine traffic will be able to

transit through the western 165 yards of

the 885-yard wide Hudson River during

the event. This safety zone precludes

the waterway users from entering only

the safety zone itself. Public

notifications will be made prior to the

event via the Local Notice to Mariners.

Furthermore, marine traffic will not be

precluded from mooring at, or getting

underway from, any piers in the vicinity

of this event.

Regulatory Evaluation

This final 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. It has not been reviewed by the

Office of Management and Budget 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). The

Coast Guard expects the economic

impact of this final rule to be so

minimal that a full Regulatory

Evaluation under paragraph 10e of the

regulatory policies and procedures of

DOT is unnecessary. This finding is

based on the minimal time that vessels

will be restricted from the zone, that

vessels may still transit through the

western 165 yards of the Hudson River

during the fireworks display, and

advance notifications which will be

made. Additionally, this is an annual

event with local community support.

The size of this safety zone was

determined using National Fire

Protection Association and New York

City Fire Department standards for 12′′

mortars fired from a barge combined

with the Coast Guard’s knowledge of

tide and current conditions in the area.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.), the Coast Guard

considered whether this final rule will

have a significant economic impact on

a substantial number of small entities.

‘‘Small entities’’ include 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.

For reasons discussed in the

Regulatory Evaluation above, the Coast

Guard certifies under section 605(b) of

the Regulatory Flexibility Act (5 U.S.C.

601 et seq.) that this final rule will not

have a significant economic impact on

a substantial number of small entities.

Collection of Information

This final rule does not provide for a

collection of information under the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501 et seq.).

Federalism

The Coast Guard has analyzed this

final rule under the principles and

criteria contained in Executive Order

13132 and has determined that this final

rule does not have implications for

federalism under that Order.

Unfunded Mandates

Title II of the Unfunded Mandates

Reform Act of 1995 (UMRA) [Pub. L.

104–4, 109 Stat. 48] requires Federal

agencies to assess the effects of certain

regulatory actions on State, local, and

tribal governments, and the private

sector. UMRA requires a written

statement of economic and regulatory

alternatives for rules that contain

Federal mandates. A Federal mandate is

a new or additional enforceable duty

imposed on any State, local, or tribal

government, or the private sector. If any

Federal mandate causes those entities to

spend, in the aggregate, $100 million or

more in any one year, the UMRA

analysis is required. This final rule does

not impose Federal mandates on any

State, local, or tribal governments, or the

private sector.

Environment

The Coast Guard considered the

environmental impact of this final rule

and concluded that under figure 2–1,

paragraph 34(g), of Commandant

Instruction M16475.1C, this final rule is

categorically excluded from further

environmental documentation. This rule

fits paragraph 34(g) as it establishes a

safety zone. 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,

Waterways.

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

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, 160.5; 49

CFR 1.46.

2. Add temporary § 165.T01–145 to

read as follows:

§ 165.T01–145 Safety Zone: Fireworks

Display, Pier 54, Hudson River, New York.

(a) Location. The following area is a

safety zone: All waters of the Hudson

River within a 360-yard radius of the

fireworks barge in approximate position

40°44′31′′ N 074°01′00′′ W (NAD 1983),

about 400 yards west of Pier 54,

Manhattan.

Federal Register / Vol. 65, No. 123 / Monday, June 26, 2000 / Rules and Regulations 39301

(b) Effective period. This section is

effective from 10 p.m. (e.s.t.) until 11:30

p.m. (e.s.t.) on Monday, June 26, 2000.

(c) Regulations. (1) The general

regulations contained in 33 CFR 165.23

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.

These personnel comprise

commissioned, warrant, and petty

officers of the Coast Guard. Upon being

hailed by a U. S. Coast Guard vessel by

siren, radio, flashing light, or other

means, the operator of a vessel shall

proceed as directed.

Dated: June 13, 2000.

R.E. Bennis,

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

Port, New York.

[FR Doc. 00–16214 Filed 6–22–00; 2:34 pm]

BILLING CODE 4910–15–U

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 9, 157, 372, and 720

[OPPTS–00265; FRL–6067–7]

OMB Approvals Under the Paperwork

Reduction Act; Technical Amendment

AGENCY: Environmental Protection

Agency.

ACTION: Final rule.

SUMMARY: This document updates EPA’s

table of OMB control numbers. These

OMB control numbers are issued by the

Office of Management Budget (OMB)

under the Paperwork Reduction Act

(PRA) for regulations containing

information collection requirements.

This technical amendment adds new

approvals published in the Federal

Register since July 1, 1998, removes

expired and terminated approvals, and

makes other necessary corrections to the

table.

DATES: This rule is effective June 26,

2000, except § § 372.27 and 372.95. The

effective date for § § 372.27 and 372.95

is March 17, 1995.

FOR FURTHER INFORMATION CONTACT: For

general information contact: Barbara

Cunningham, Director, Office of

Program Management and Evaluation,

Office of Pollution Prevention and

Toxics (7401), Environmental Protection

Agency, 1200 Pennsylvania Ave., NW.,

Washington, DC 20460; telephone

number: (202) 554–1404; e-mail address:

TSCA-Hotline@epa.gov.

For technical information contact:

Patricia Johnson, Regulatory

Coordination Staff (7101), Office of

Prevention, Pesticides and Toxic

Substances, Environmental Protection

Agency, 1200 Pennsylvania Ave., NW.,

Washington, DC 20460; telephone

number: (202) 260–2893; e-mail address:

johnson.patriciaa@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

This action is directed to the public

in general. This action may, however, be

of interest to those persons who are

concerned about OMB approval for

information collection required by EPA

regulations. Since other entities may

also be interested, the Agency has not

attempted to describe all the specific

entities that may be affected by this

action. If you have any questions

regarding the applicability of this action

to a particular entity, consult the

technical person listed under FOR

FURTHER INFORMATION CONTACT.

B. How Can I Get Additional

Information, Including Copies of this

Document and Other Related

Documents?

1. Electronically. You may obtain

electronic copies of this document, and

certain other related documents that

might be available electronically, from

the EPA Internet Home Page at http://

www.epa.gov/. To access this

document, on the Home Page select

‘‘Laws and Regulations’’ and then look

up the entry for this document under

the ‘‘Federal Register—Environmental

Documents.’’ You can also go directly to

the Federal Register listings at http://

www.epa.gov/fedrgstr/.

2. In person. The Agency has

established an official record for this

action under docket control number

OPPTS–00265. The official record

consists of the documents specifically

referenced in this action, any public

comments received during an applicable

comment period, and other information

related to this action, including any

information claimed as Confidential

Business Information (CBI). This official

record includes the documents that are

physically located in the docket, as well

as the documents that are referenced in

those documents. The public version of

the official record does not include any

information claimed as CBI. The public

version of the official record, which

includes printed, paper versions of any

electronic comments submitted during

an applicable comment period, is

available for inspection in the TSCA

Nonconfidential Information Center,

North East Mall, Rm. B–607, Waterside

Mall, 401 M St., SW., Washington, DC.

The Center is open from noon to 4 p.m.,

Monday through Friday, excluding legal

holidays. The telephone number for the

Center is (202) 260–7099.

II. Background

A. Why is this Technical Amendment

Being Issued?

This document updates the OMB

control numbers listed in 40 CFR part 9

for various actions published in the

Federal Register, since July 1, 1998, and

issued under the Toxic Substances

Control Act (TSCA) (15 U.S.C. 2601)

and the Federal Insecticide, Fungicide,

and Rodenticide Act (FIFRA) (7 U.S.C.

136 et seq.). EPA will continue to

present OMB control numbers in a

consolidated table format in 40 CFR part

9 of the Agency’s regulations. The table

lists Code of Federal Regulations (CFR)

citations with reporting, recordkeeping,

or other information collection

requirements that require OMB approval

under the PRA (44 U.S.C. 3501 et seq.),

and the current OMB control numbers.

This listing of the OMB control numbers

and their subsequent codification in the

CFR satisfies the requirements of the

PRA and OMB’s implementing

regulations at 5 CFR part 1320.

B. Why is this Technical Amendment

Issued as a Final Rule?

Under PRA, the information

collection requirements included in this

document were previously subject to

public notice and comment prior to

OMB approval, either as part of the

OMB approval process or as part of a

rulemaking. Therefore, EPA finds that

publication of a proposed rule is

unnecessary and would waste public tax

dollars. This technical amendment is

effective upon publication under the

‘‘good cause’’ clause found in section

553(b)(3)(B) of the Administrative

Procedure Act (APA) (5 U.S.C.

553(b)(3)(B) which allows a regulatory

action to become final without prior

notice and comment.

C. What Corrections does this Document

Make?

1. The OMB approval numbers being

added to the table in 40 CFR 9.1 are

related to approved information

collection activities contained in the

following final rules:

Substituted Phenol; Significant New

Use Rule; Final Rule (63 FR 23678,

April 30, 1998) (FRL–5782–5). OMB

most recently approved this ongoing

collection under control number 2070–

0012 on February 19, 1997 (EPA ICR No.

574.10) (see 62 FR 10057, March 5,

1997) (FRL–5699–4).

Lead; Requirements for Hazard

Education Before Renovation of Target