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

39550 Federal Register / Vol. 65, No. 124 / Tuesday, June 27, 2000 / Rules and Regulations

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:

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–

022 is added to read as follows:

§ 165.T09–022 Safety zone: Lake Erie,

Maumee River, Ohio.

(a) Location. The following area is a

temporary safety zone: The waters and

adjacent shoreline extending from the

bow of the museum ship SS Willis B.

Boyer then NNE to the south end of the

City of Toledo Street, Harbors and

Bridges Building then SW to the red

nun bouy #64 then SSE to the museum

ship SS Willis B. Boyer. A triangle as

formed by positions 41° 38′ 35′′ N, 083°

31′ 54′′ W; 41° 38′ 51′′ N, 083° 31′ 50′′

W; 41° 38′ 48′′ N, 083° 31′ 58′′ W. All

nautical positions are based on North

American Datum of 1983.

(b) Effective date. This regulation is

effective between the hours of 8:30 a.m.

to 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. 00–16244 Filed 6–26–00; 8:45 am]

BILLING CODE 4910–15–U

NATIONAL ARCHIVES AND RECORDS

ADMINISTRATION

36 CFR Part 1290 and Chapter XIV

RIN 3095–AB00

John F. Kennedy Assassination

Records Collection Rules

AGENCY: National Archives and Records

Administration (NARA).

ACTION: Final rule.

SUMMARY: NARA is transferring

regulations providing guidance for the

interpretation and implementation of

the John F. Kennedy Assassination

Records Collection Act of 1992 from 36

CFR chapter XIV to chapter XII without

substantive change. The Assassination

Records Review Board that originally

issued the regulations terminated on

September 30, 1998, but NARA has

determined that these regulations are

still required to provide guidance to

agencies.

EFFECTIVE DATE: June 27, 2000.

FOR FURTHER INFORMATION CONTACT:

Nancy Allard at telephone number 301–

713–7360, ext. 226, or fax number 301–

713–7270.

SUPPLEMENTARY INFORMATION: The

Assassination Records Review Board

was established by the John F. Kennedy

Assassination Records Collection Act of

1992 (106 Stat. 3443). At the

termination of the Review Board on

September 30, 1998, its records were

transferred to the Archivist of the

United States. NARA continues to

maintain and supplement the collection

under the provisions of the Act. NARA

is, therefore, the successor in function to

this defunct independent agency.

The Review Board issued regulations

at 36 CFR chapter XIV providing

guidance on the Act (part 1400) on June

28, 1995. In this final rule we are

transferring those regulations without

substantive change to a new 36 CFR part

1290 in new subchapter H. Agencies

continue to identify records that may

qualify as assassination records and

need to have this guidance available.

Other Review Board regulations

implementing Government in the

Sunshine Act, FOIA, and the Privacy

Act for the Board’s own operations

(parts 1405, 1410, and 1415) are

withdrawn from the Code of Federal

Regulations as unnecessary. The Board’s

records were transferred to NARA and

are now subject to NARA regulations.

This rule is effective upon publication

for ‘‘good cause’’ as permitted by the

Administrative Procedure Act (5 U.S.C.

553(d)(3)). If the rule is not effective

before July 1, 2000, the regulations of

the defunct Review Board in 36 CFR ch.

XIV will continue to appear in the print

and electronic copies of title 36. NARA

believes that delaying the effective date

for 30 days is unnecessary as this rule

represents a minor technical

amendment and there is no substantive

impact on the public or Federal

agencies.

This rule is not a significant

regulatory action for the purposes of

Executive Order 12866 and has not been

reviewed by the Office of Management

and Budget. This rule does not have

federalism implications and is not a

major rule under 5 U.S.C. 801. As

required by the Regulatory Flexibility

Act, it is hereby certified that this rule

will not have a significant impact on a

substantial number of small entities.

List of Subjects in 36 CFR Part 1290

Archives and records.

For the reasons set forth in the

preamble and under the authority of

Pub. L. 103–345 (108 Stat. 3128), NARA

amends chapters XII and XIV of title 36,

Code of Federal Regulations, as follows:

CHAPTER XII—NATIONAL ARCHIVES AND

RECORDS ADMINISTRATION

SUBCHAPTER H—JFK ASSASSINATION

RECORDS

1. In 36 CFR ch. XII, establish

Subchapter H, consisting of parts 1290

through 1299, and add a heading for

Subchapter H to read as set forth above.

PART 1400—[REDESIGNATED AS

PART 1290]

2. Redesignate 36 CFR part 1400 as

part 1290 and reserve parts 1291–1299.

CHAPTER XIV—[VACATED]

PARTS 1405, 1410, 1415—[REMOVED]

3. In 36 CFR ch. XIV, remove parts

1405, 1410, and 1415, and vacate the

chapter.