Federal Register / Vol. 65, No. 128 / Monday, July 3, 2000 / Rules and Regulations 41007

2. Add temporary § 165.T01–122 to

read as follows:

§ 165.T01–122 Safety Zone: Fireworks

Display, Provincetown Harbor,

Provincetown, MA.

(a) Location. All waters within a five

hundred (500) yard radius of the

fireworks launching barge located in

Provincetown harbor, Provincetown,

MA.

(b) Effective Period. This section is

effective from 8 p.m. until 10 p.m. on

July 4, 2000, rain date 8 p.m. until 10

p.m. on July 5, 2000, unless extended or

terminated sooner by the Captain of the

Port Providence.

(c) Regulations. (1) The general

regulations governing safety zones

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 20, 2000.

J.D. Stieb,

Commander, U.S. Coast Guard, Acting

Captain of the Port, Marine Safety Office

Providence.

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

BILLING CODE 4910–15–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01–00–152]

RIN 2115–AA97

Security Zone: Presidential Visit,

Hudson River, New York

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary security zone

between Piers 83 and 90 on the Hudson

River, Manhattan, New York. This

action is necessary to protect the Port of

New York/New Jersey against terrorism,

sabotage or other subversive acts and

incidents of a similar nature during the

President’s visit to New York City. This

action is intended to restrict vessel

traffic in a portion of the Hudson River.

DATES: This rule is effective from 6 p.m.

(e.s.t.) to 11 p.m. (e.s.t.) on July 5, 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 (CGD01–00–152) 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.

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 that specific information

on the President’s visit to New York

City was made available to the Coast

Guard, there was insufficient time to

draft and publish an NPRM. This event

will have minimal impact on the

waterway, vessels may still transit

through the western 600 yards of the

950-yard wide Hudson River during the

President’s visit to the Intrepid Sea Air

and Space Museum, and the zone is

only in effect for 5 hours. Additionally,

the New York City Passenger Ship

Terminal does not have any vessels

scheduled to be berthed at Piers 88 or

90 during the event and do not expect

to receive any at this late date. Circle

Line Sightseeing Cruises anticipates

only having to move 2 vessels at Pier 83

between 6 p.m. (e.s.t.) and 6:30 p.m.

(e.s.t.) which they will be authorized to

do. Any delay encountered in this

regulation’s effective date would be

unnecessary and contrary to security

interests as immediate action is needed

to protect the Port of New York/New

Jersey and the President.

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: this event will have minimal

impact on the waterway, vessels may

still transit through the western 600

yards of the 950-yard wide Hudson

River during the President’s visit to the

Intrepid Sea Air and Space Museum,

and the zone is only in effect for 5

hours. Additionally, the New York City

Passenger Ship Terminal does not have

any vessels scheduled to be berthed at

Piers 88 or 90 during the event and do

not expect to receive any at this late

date. Circle Line Sightseeing Cruises

anticipates only having to move 2

vessels at Pier 83 between 6 p.m. (e.s.t.)

and 6:30 p.m. (e.s.t.) which they will be

authorized to do.

Background and Purpose

This zone is needed to ensure the

security of the Port of New York/New

Jersey while the President is visiting the

Intrepid Sea Air and Space Museum in

Manhattan. This security zone will

safeguard the Port of New York/New

Jersey during his visit to the Intrepid

Museum against terrorism, sabotage or

other subversive acts and incidents of a

similar nature. This security zone

provides for an exclusion area during

the President’s visit at the museum.

This zone includes all waters of the

Hudson River bound by the following

points: from the southeast corner of Pier

90, Manhattan, where it intersects the

seawall, west to approximate position

40°46′10′′ N 074°00′13′′ W (NAD 1983),

south to approximate position 40°45′54′′

N 074°00′25′′ W (NAD 1983), then east

to the northeast corner of Pier 83 where

it intersects the seawall, then north to

the point of beginning. The security

zone is based on security needs for the

Port of New York/New Jersey and the

President. All vessels are prohibited

from transiting the area for

approximately five hours during the

President’s visit at the Intrepid

Museum. The New York City Passenger

Ship Terminal does not have any

vessels scheduled to be berthed at Piers

88 or 90 during the event and do not

expect to receive any at this late date.

Circle Line Sightseeing Cruises

anticipates only having to move 2

vessels at Pier 83 between 6 p.m. (e.s.t.)

and 6:30 p.m. (e.s.t.) which they will be

authorized to do. This security zone has

been narrowly tailored to impose the

least impact on maritime interests yet

provide the level of security deemed

necessary. Entry into or movement

within this security zone is prohibited

unless authorized by the Coast Guard

Captain of the Port, New York.

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).

We expect 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.

41008 Federal Register / Vol. 65, No. 128 / Monday, July 3, 2000 / Rules and Regulations

This finding is based on the minimal

time that vessels will be restricted from

the zone, that vessels may still transit

through the western 600 yards of the

950-yard wide Hudson River while the

security zone is in effect. Additionally,

the New York City Passenger Ship

Terminal does not have any vessels

scheduled to be berthed at Piers 88 or

90 during the event and do not expect

to receive any at this late date. Circle

Line Sightseeing Cruises anticipates

only having to move 2 vessels at Pier 83

between 6 p.m. (e.s.t.) and 6:30 p.m.

(e.s.t.) which they will be authorized to

do, and extensive advance notifications

that will be made.

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

section 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 the Hudson River during

the time this zone is activated.

This security zone will not have a

significant economic impact on a

substantial number of small entities for

the following reasons: Vessel traffic can

transit through the western 600 yards of

the 950-yard wide Hudson River while

the security zone is in effect, this rule

will be in effect for only five hours, and

extensive advance notifications which

will be made. Additionally, the New

York City Passenger Ship Terminal does

not have any vessels scheduled to be

berthed at Piers 88 or 90 during the

event and do not expect to receive any

at this late date. Circle Line Sightseeing

Cruises anticipates only having to move

2 vessels at Pier 83 between 6 p.m.

(e.s.t.) and 6:30 p.m. (e.s.t.) which they

will be authorized to do.

Assistance for Small Entities

Under section 213(a) of the Small

Business Regulatory Enforcement

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

we offered to assist small entities in

understanding the rule so that they

could better evaluate its affects on them

and participate in the rulemaking

process. The New York City Passenger

Ship Terminal and Circle Line

Sightseeing Cruises were both contacted

about the affects this zone may have on

their business. The Passenger Ship

Terminal does not have any vessels

scheduled to be berthed during the

event. Circle Line anticipates only

having to move 2 vessels between 6 p.m.

(e.s.t.) and 6:30 p.m. (e.s.t.) during the

event which they will be authorized to

do.

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’s having first provided the

funds to pay those unfunded mandate

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

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. This rule

fits paragraph 34(g) as it establishes a

security zone. 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 recordkeeping

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, 160.5; 49

CFR 1.46.

2. Add temporary § 165.T01–152 to

read as follows:

§ 165.T01–152 Security Zone: Presidential

Visit, Hudson River, New York.

(a) Location. The following area is a

security zone: all waters of the Hudson

River bound by the following points:

from the southeast corner of Pier 90,

Manhattan, where it intersects the

seawall, west to approximate position

40°46′10′′ N 074°00′13′′ W (NAD 1983),

south to approximate position 40°45′54′′

N 074°00′′25′′ W (NAD 1983), then east

to the northeast corner of Pier 83 where

it intersects the seawall, then north to

the point of beginning.

(b) Effective period. This section is

effective from 6 p.m. (e.s.t.) until 11

p.m. (e.s.t.) on July 5, 2000.

(c) Regulations. (1) The general

regulations contained in 33 CFR 165.33

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

Federal Register / Vol. 65, No. 128 / Monday, July 3, 2000 / Rules and Regulations 41009

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 27, 2000.

R.E. Bennis,

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

Port, New York.

[FR Doc. 00–16881 Filed 6–29–00; 1:19 pm]

BILLING CODE 4910–15–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR 165

[COTP Southeast Alaska 00–008]

RIN 2115–AA97

Safety Zone; Tongass Narrows,

Ketchikan, AK

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone

along the navigable waters of Tongass

Narrows, Ketchikan, Alaska. The safety

zone is required to protect maritime

vessels and minimize traffic for the

safety and protection of both the vessel

conducting fireworks display activities

and other vessels in the immediate

proximity. This safety zone will

encompass the waters within a 300 yd

radius of the vessel situated at

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

W. Entry into, transit through or

anchoring within this Safety Zone is

prohibited unless authorized by the

Captain of the Port, Southeast Alaska, or

the Coast Guard vessel on scene via

VHF.

DATES: This temporary final rule

becomes effective 10 p.m. July 4, 2000

and terminates at 1 a.m. July 5, 2000.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Cecil McNutt, Marine Safety

Office Juneau, Alaska, 2760 Sherwood

Lane, Suite 2A, Juneau, Alaska 99801,

(907) 463–2470.

ADDRESSES: Documents as indicated in

this preamble are available for

inspection or copying at U.S. Coast

Guard, Marine Safety Office, 2760

Sherwood Lane, Suite 2A, Juneau,

Alaska between 8 a.m. and 3 p.m.,

Monday through Friday, except Federal

holidays. The telephone number is (907)

463–2450.

SUPPLEMENTARY INFORMATION:

Regulatory History

A notice of proposed rulemaking

(NPRM) was not published for this

regulation. In keeping with

requirements of 5 U.S.C. 553(B), the

Coast Guard finds a good cause exists

for not publishing a NPRM. In keeping

with requirements of 5 U.S.C. 553(d)(3),

the Coast Guard also finds that cause

exists for making this regulation

effective less than 30 days after

publication in the Federal Register due

to receipt of application for this marine

event was not received until June 12,

2000. Publication of a NPRM and delay

of effective date would be contrary to

the public interest because immediate

action is necessary to protect the safety

of the maritime vessel traffic.

Background and Purpose

On or about the 4th of July, a tug and

barge conducts fireworks display

activities within an established 100 yd

safety zone (33 CFR 165.1708) located

on the navigable waters of Tongass

Narrows, off the northern tip of Pennock

Island. This year the tug and barge will

be positioned approximately 55°20′32′′

N, 131°39′40′′ W and a blast or fallout

radius has been increased to 300 yd for

the fireworks display.

This will occur at 10 p.m. July 4, 2000

and ending approximately 1 a.m. July 5,

2000. This safety zone is required to

protect the maritime public from the

hazards created by the vessel

conducting fireworks activities.

Regulatory Evaluation

This temporary rule is not a

significant regulatory action under

section 3(f) of the Executive Order

12866 and does not require an

assessment of potential costs and

benefits under section 6(a)(3) of that

order. It has been exempted from review

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

proposal to be so minimal that a full

Regulatory Evaluation under paragraph

10(e) of the regulatory policies and

procedures of DOT is unnecessary.

Small Entities

Under the Regulatory Flexibility Act

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

must consider whether this rule will

have a significant impact on a

substantial number of small businesses

and not-for-profit organizations that are

not dominant in their respective fields,

and governmental jurisdictions with

populations less than 50,000. For the

same reasons set forth in the above

Regulatory Evaluation, the Coast Guard

certifies under Section 605(b) of the

Regulatory Flexibility Act (5 U.S.C. 601

et seq.) that this temporary final rule

will not have a significant economic

impact on a substantial number of small

entities.

Assistance for Small Entities

In accordance with Sec. 213(a) of the

Small Business Regulatory Enforcement

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

the Coast Guard wants to assist small

entities in understanding this rule so

that they can better evaluate its effects

on them and participate in the

rulemaking process. If your small

business or organization is affected by

this rule and you have questions

concerning its provisions or options for

compliance, please contact the office

listed in ADDRESSES in this preamble.

Collection of Information

This rule contains no information

collection requirements under the

Paperwork Reduction Act (44 U.S.C.

§ 3501 et seq.).

Federalism

The Coast Guard has analyzed this

rule under the principles and criteria

contained in Executive Order 13132 and

has determined that this temporary rule

does not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

Environmental Assessment

The Coast Guard considered the

environmental impact of this temporary

final rule and concluded that, under

figure 2–1, paragraph (34)(g), of

Commandant Instruction M16475.1C,

this temporary final 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.

Unfunded Mandates

The Unfunded Mandates Reform Act

of 1995 (2 U.S.C. 1531–1538) and E.O.

12875, Enhancing the Intergovernmental

Partnership (58 FR 58093; October 28,

1993), govern 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 will

not impose an unfunded mandate.