41010 Federal Register / Vol. 65, No. 128 / Monday, July 3, 2000 / Rules and Regulations

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and recordkeeping

requirements, Security measures,

Vessels, Waterways.

For the reasons set out in the

preamble, the Coast Guard amends 33

CFR Part 165 as follows:

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, and 160.5;

49 CFR 1.46.2.

2. A new temporary section

§ 165.T17–008 is added to read as

follows:

§ 165.T17–008 Tongass Narrows,

Ketchikan, Alaska—Safety Zone.

(a) Location. The following area is a

temporary Safety Zone: the waters in

Ketchikan Harbor within a 300 yd

radius of the vessel engaged in fireworks

display activities, situated at

approximately 55°20′32′′ N, 131°39′40′′

W.

(b) Effective dates. This regulation

becomes effective at 10 p.m. July 4, 2000

and terminates 1 a.m. July 5, 2000. (c) Regulations. In accordance with

the general regulations in § 165.23 of

this part, entry into, transit through, or

anchoring within this safety zone is

prohibited except as authorized by the

Captain of the Port, Southeast Alaska or

the Coast Guard vessel on scene via

VHF–FM Channel 16.

Dated: June 21, 2000.

B.J. Peter,

Lieutenant Commander, U.S. Coast Guard,

Acting Captain of the Port, Southeast Alaska.

[FR Doc. 00–16883 Filed 6–29–00; 1:19 pm]

BILLING CODE 4910–15–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD1–00–157]

RIN 2115–AA97

Safety Zone: Manchester Fourth of

July Fireworks, Manchester, MA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone for

the Manchester Fourth of July

Fireworks, Manchester, MA. The safety

zone will be in effect from 8 p.m. until

11 p.m. on Monday, July 3, 2000. The

safety zone will temporarily close all

waters of Massachusetts Bay within a

four hundred (400) yard radius of the

fireworks barge located at position

42°34.05′N, 070°45.52′W. The safety

zone prohibits entry into or movement

within this portion of Massachusetts

Bay and is needed to protect the

maritime public from the hazards posed

by a fireworks display.

DATES: This rule is effective from 8 p.m.

until 11 p.m. on Monday, July 3, 2000.

ADDRESSES: Documents as indicated in

this preamble are available for

inspection or copying at Marine Safety

Office Boston, 455 Commercial Street,

Boston, MA between the hours of 8 a.m.

and 3 p.m., Monday through Friday,

except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Brian J. Downey, Marine

Safety Office Boston, Waterways

Management Division, at (617) 223–

3000.

SUPPLEMENTARY INFORMATION:

Regulatory History

Pursuant to 5 U.S.C. 553, a notice of

proposed rulemaking (NPRM) was not

published for this regulation. Good

cause exists for not publishing a NPRM

and for making this regulation effective

in less than 30 days after Federal

Register publication. Conclusive

information about this event was not

provided to the Coast Guard until June

2, 2000, making it impossible to draft or

publish a NPRM or a final rule 30 days

in advance of its effective date.

Publishing a NPRM and delaying its

effective date would be contrary to the

public interest since immediate action is

needed to close a portion of the

waterway and protect the maritime

public from the hazards associated with

this fireworks display.

Background and Purpose

This regulation establishes a safety

zone on the waters of Massachusetts Bay

in a four hundred (400) yard radius

around the fireworks barge located at

position 42°34.05′N, 070°45.52′W. The

safety zone is in effect from 8 p.m. until

11 p.m. on Monday, July 3, 2000. This

safety zone prohibits entry into or

movement within this portion of

Massachusetts Bay and is needed to

protect the maritime public from the

dangers posed by a fireworks display.

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 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).

The Coast Guard expects the

economic impact of this rule to be so

minimal that a full Regulatory

Evaluation under paragraph 10e of the

regulatory policies and procedures of

DOT is unnecessary.

Due to the limited duration of the

safety zone, the fact that the safety zone

will not restrict the entire Bay, allowing

marines to freely navigate around the

safety zone, and the advance maritime

advisories that will be made, the Coast

Guard expects the economic impact of

this regulation to be so minimal that a

Regulatory Evaluation is unnecessary.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601–612), the Coast Guard

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 rule will affect the following

entities, some of which may be small

entities: the owners or operators of

vessels intending to transit or anchor in

a portion of Massachusetts Bay from 8

p.m. until 11 p.m. on July 3, 2000. This

safety zone will not have a significant

economic impact on a substantial

number of small entities for the

following reasons: The safety zone is

only 3 hours in duration; mariners may

freely navigate around the safety zone,

and the Coast Guard will issue marine

radio advisories before the effective

period.

Assistance for Small Entities

Under section 213(a) of the Small

Business Regulatory Enforcement

Fairness Act of 1996 (Pub. L. 104–121),

the Coast Guard offers to assist small

entities in understanding the rule so

that they could better evaluate its effects

on them and participate in the

rulemaking process.

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

Federal Register / Vol. 65, No. 128 / Monday, July 3, 2000 / Rules and Regulations 41011

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 would call for no new

collection of information under the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501–3520).

Federalism

The Coast Guard analyzed this rule

under E.O. 13132 and has 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 E.O. 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 E.O.

12988, Civil Justice Reform, to minimize

litigation, eliminate ambiguity, and

reduce burden.

Protection of Children

The Coast Guard 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

The Coast Guard considered the

environmental impact of this rule and

concluded that, under figure 2–1,

(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

Harbors, Marine safety, Navigation

(water), Reporting and record keeping

requirements, Security measures,

Waterways.

For the reasons discussed in the

preamble, the Coast Guard proposes to

amend 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;

33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5;

49 CFR 1.

2. Add temporary § 165.T01–157 to

read as follows:

§ 165.T01–157 Safety Zone: Manchester

Fourth of July Fireworks, Massachusetts

Bay, Massachusetts

(a) Location. The following area is a

safety zone: All waters of Massachusetts

Bay within a four hundred (400) yard

radius of the fireworks barge located at

position 42°34.05′N, 070°45.52′W.

(b) Effective Date. This section is

effective from 8 p.m. until 11 p.m. on

Monday, July 3, 2000.

(c) Regulations.

(1) In accordance with the general

regulations in section 165.23 of this

part, entry into or movement within this

zone is prohibited unless authorized by

the Captain of the Port Boston.

(2) All vessel operators shall comply

with the instructions of the COTP or the

designated on-scene U.S. Coast Guard

patrol personnel. On-scene Coast Guard

patrol personnel include commissioned,

warrant, and petty officers of the Coast

Guard on board Coast Guard, Coast

Guard Auxiliary, local, state, and federal

law enforcement vessels.

Dated: June 19, 2000.

J.R. Whitehead,

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

Port, Boston, Massachusetts.

[FR Doc. 00–16880 Filed 6–29–00; 1:19 pm]

BILLING CODE 4910–15–P

POSTAL SERVICE

39 CFR Part 775

National Environmental Policy

Implementing Procedures

AGENCY: Postal Service (USPS).

ACTION: Final rule.

SUMMARY: This rule corrects an oversight

in wording in the Postal Service’s

National Environmental Policy Act

(NEPA) regulations concerning

procedures and categorical exclusions.

EFFECTIVE DATE: This regulation is

effective June 30, 2000.

FOR FURTHER INFORMATION CONTACT:

Susan L. Koetting, Attorney, U.S. Postal

Service, 475 L’Enfant Plaza, SW,

Washington, DC 20260–1135, phone

(202) 268–4818.

SUPPLEMENTARY INFORMATION: On August

27, 1998, the Postal Service published

in the Federal Register, final regulations

on procedures and categorical

exclusions regarding NEPA (63 FR

45719). After the publication of the

regulations, it was discovered that an

error had been made in language in

section 775.9(a)(1). Specifically, it was

not intended that a written

determination not to prepare an

environmental assessment be required

for all actions. When these regulations

were proposed on August 11, 1997 (62

FR 42958), the Postal Service expanded

the list of postal activities that were

subject to NEPA review and also

expanded the list of categorical

exclusions. Previous and current

internal guidance for facilities programs

and projects requires a checklist for all

facility actions, while previous and

current internal guidance for

operational activities only requires a

checklist for certain actions that exceed

certain higher level financial approval

requirements. When these regulations

were finalized, internal facilities policy

was inadvertently carried over to all

activities. This was not intended and is

inconsistent with internal guidance and

the purpose for establishing categorical

exclusions. Postal policy, as discussed

in the August 1997 notice, requires a

checklist to screen for potential

environmental concerns, but it was not

intended to do one for all activities,

even if categorically excluded.

In a further development, it was

recently discovered that a sentence in

the regulations was inadvertently

dropped during the codification

process. In § 775.9(b)(1), the original

second sentence in the 1997 version of

the published regulations in Title 39,

Code of Federal Regulations was

dropped out of the version of the

regulations published in 1999. The old

second sentence was to have become the

third sentence in § 775.9(b)(1).

In light of the foregoing, the Postal

Service adopts the following minor

revisions to its NEPA regulations.

List of Subjects in 39 CFR Part 775

Environmental impact statements.

Accordingly, the Postal Service

amends 39 part 775 as follows: