Federal Register / Vol. 65, No. 128 / Monday, July 3, 2000 / Rules and Regulations 41005

Operations, U.S. Coast Guard Marine

Safety Office Juneau; (907) 463–2470.

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 6,

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

Each year, on or about the 3rd of July,

a tug vessel with a barge conducts

fireworks display activities within an

established 100 yd safety zone (33 CFR

165.1706) located on the navigable

waters of Gastineau Channel, midchannel off the shoreline of the city of

Juneau, AK. This year will differ slightly

from the established safety zone, in that

a blast or fallout radius of 300 yards is

required for the city authorized 12-inch

fireworks display shells and 600 lbs of

Division 1.3G (UN 0335) Fireworks.

This will occur at 12 a.m. ADT, and

will last approximately 1 hour. This

safety zone is necessary to protect the

maritime public from the fallout hazards

created by the vessel conducting

firework display 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 sections 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 of 1995 (44

US.C. 3501 et seq.).

Federalism

The Coast Guard has analyzed this

temporary final rule under the

principles and criteria contained in

Executive Order 13132 and has

determined that this temporary final

rule does not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

Environment

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.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and record keeping

requirements, Security measures,

Waterways.

For the reasons set out 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, and 160.5;

49 CFR 1.46.

2. A new temporary § 165.T17–005 is

added to read as follows:

§ 165.T17–005 Gastineau Channel, Juneau,

Alaska—Safety Zone.

(a) Location. The following area is a

temporary safety zone: the waters in

Juneau Harbor within a 300 yard radius

of the vessel engaged in firework

display activities, situated at

approximately 58°17′41′′ N, 134°24′22′′

W.

(b) Effective Dates. This regulation

becomes effective at 10 p.m. July 3, 2000

and terminates at 2 a.m. July 4, 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. 00–16878 Filed 6–29–00; 1:19 pm]

BILLING CODE 4910–15–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01–00–122]

RIN 2115–AA97

Safety Zone: Fireworks Display,

Provincetown Harbor, Provincetown,

MA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

41006 Federal Register / Vol. 65, No. 128 / Monday, July 3, 2000 / Rules and Regulations

SUMMARY: The Coast Guard is

establishing a safety zone within a five

hundred (500) yard radius of the

fireworks barge in Provincetown Harbor,

Provincetown, MA on July 4, 2000, with

a rain date of July 5, 2000. The safety

zone is needed to safeguard the public

from possible hazards associated with a

fireworks display. Entry into this zone

will be prohibited unless authorized by

the Captain of the Port, Providence,

Rhode Island.

EFFECTIVE DATE: This rule is effective

from 8 p.m. until 10 p.m. July 4, 2000

and 8 p.m. until 10 p.m. July 5, 2000,

in case of event postponement due to

the onset of inclement weather.

FOR FURTHER INFORMATION CONTACT:

CWO John W. Winter at Marine Safety

Office Providence, (401) 435–2335.

SUPPLEMENTARY INFORMATION:

Regulatory History

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

proposed rulemaking (NPRM) was not

published for this regulation and good

cause exists for making it effective less

then 30 days after Federal Register

publication. Due to the date that

conclusive information for this event

was received, there was insufficient

time to draft and publish an NPRM. Any

delay encountered in this regulation’s

effective date would be contrary to

public interest since immediate action is

needed to close a portion of the

waterway to protect the maritime public

from the hazards associated with this

fireworks display, which is intended for

public entertainment.

Background and Purpose

This regulation establishes a safety

zone in all waters within a five hundred

(500) yard radius of the fireworks

launching barge in Provincetown

Harbor, Provincetown, MA on July 4,

2000, with a rain date of July 5, 2000.

This safety zone is needed to protect the

maritime community from possible

hazards associated with a fireworks

display. No vessel may enter the safety

zone without permission of the Captain

of the Port (COTP), Providence RI.

Regulatory Evaluation

This temporary 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. 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, l979). We expect the

economic impact of this proposed rule

to be so minimal that a full Regulatory

Evaluation under paragraph 10(e) of the

regulatory policies and procedures of

DOT is unnecessary. This safety zone

involves a very small area of

Provincetown Harbor. The effect of this

regulation will not be significant due to

the lateness of the hour, all vessel traffic

may safely transit around this safety

zone, and the extensive maritime

advisories that will be made.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601–612), we considered

whether this proposed 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 proposed rule

would not have a significant economic

impact on a substantial number of small

entities.

Assistance for Small Entities

Under section 213(a) of the Small

Business Regulatory Enforcement

Fairness Act of 1996 (Public Law 104–

121), we want to assist small entities in

understanding this rule so that they can

better evaluate its effects on them and

participate in the rulemaking. 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 contains no collection of

information requirements under the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501–3520.).

Federalism

We have analyzed this action under

E.O. 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 costs. This temporary

rule would not impose an unfunded

mandate.

Taking of Private Property

This temporary 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 temporary 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

We have analyzed this temporary 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 has considered the

environmental impact of implementing

this temporary rule and concluded that,

under figure 2–1, paragraph 34(g), of

Commandant Instruction M16475.lC,

this proposed 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), Reports and record keeping

requirements, Security measures, and

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(g), 6.04–1, 6.04–6 and 160.5; 49

CFR 1.46.

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.