41342 Federal Register / Vol. 65, No. 129 / Wednesday, July 5, 2000 / Rules and Regulations

§ 598.704 Penalty imposition or

withdrawal.

(a) No violation. If, after considering

any response to a prepenalty notice and

any relevant facts, the Director of the

Office of Foreign Assets Control

determines that there was no violation

by the respondent named in the

prepenalty notice, the Director promptly

shall notify the respondent in writing of

that determination and that no monetary

penalty will be imposed.

(b) Violation. If, after considering any

response to a prepenalty notice and any

relevant facts, the Director of the Office

of Foreign Assets Control determines

that there was a violation by the

respondent named in the prepenalty

notice, the Director promptly shall issue

a written notice of the imposition of the

monetary penalty to the respondent.

The issuance of a written notice of the

imposition of a monetary penalty shall

constitute final agency action.

(1) The penalty notice shall inform

the respondent that payment of the

assessed penalty must be made within

30 days of the date of mailing of the

penalty notice.

(2) The penalty notice shall inform

the respondent of the requirement to

furnish the respondent’s taxpayer

identification number pursuant to 31

U.S.C. 7701 and that such number will

be used for purposes of collecting and

reporting on any delinquent penalty

amount.

§ 598.705 Administrative collection;

referral to United States Department of

Justice.

In the event that the respondent does

not pay a penalty imposed pursuant to

this part or make payment arrangements

acceptable to the Director of the Office

of Foreign Assets Control within 30

days of the date of mailing of a penalty

notice, the matter may be referred for

administrative collection measures by

the Department of the Treasury or to the

United States Department of Justice for

appropriate action to recover the

penalty in a civil suit in a Federal

district court.

§ 598.706 Judicial review of civil penalty.

A civil penalty imposed pursuant to

this subpart G is subject to judicial

review only to the extent provided in 5

U.S.C. 702.

Subpart H—Procedures

§ 598.801 Procedures.

For license application procedures

and procedures relating to amendments,

modifications, or revocations of

licenses; administrative decisions;

rulemaking; and requests for documents

pursuant to the Privacy Act (5 U.S.C.

552a), see part 501, subpart D of this

chapter.

§ 598.802 Availability of information

pursuant to the Freedom of Information Act.

Any record or information obtained or

created in the implementation of this

part is not subject to disclosure under

section 552(a)(3) of the Freedom of

Information Act. Information required to

be made available to the public under

other provisions of the Freedom of

Information Act (5 U.S.C. 552) will be

made available in accordance with

§ 501.805(a) of this chapter.

§ 598.803 Delegation by the Secretary of

the Treasury.

Any action that the Secretary of the

Treasury is authorized to take pursuant

to the Foreign Narcotics Kingpin

Designation Act may be taken by the

Director of the Office of Foreign Assets

Control or by any other person to whom

the Secretary of the Treasury has

delegated authority so to act.

Subpart I—Paperwork Reduction Act

§ 598.901 Paperwork Reduction Act notice.

For approval by the Office of

Management and Budget (‘‘OMB’’)

under the Paperwork Reduction Act of

1995 (44 U.S.C. 3507) of information

collections relating to recordkeeping

and reporting requirements, licensing

procedures (including those pursuant to

statements of licensing policy), and

other procedures, see § 501.901 of this

chapter. An agency may not conduct or

sponsor, and a person is not required to

respond to, a collection of information

unless it displays a valid control

number assigned by OMB.

Dated: June 6, 2000.

R. Richard Newcomb,

Director, Office of Foreign Assets Control.

Approved: June 13, 2000.

Elisabeth A. Bresee,

Assistant Secretary (Enforcement),

Department of the Treasury.

[FR Doc. 00–16844 Filed 6–29–00; 3:39 pm]

BILLING CODE 4810–25–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01–00–160]

RIN 2115–AA97

Safety Zone: Hudson Valley Triathlon,

Hudson River, Ulster Landing, NY

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone for

the annual Hudson Valley Triathlon

swim 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 6:30

a.m. (e.s.t.) until 8:30 a.m. (e.s.t.) on July

9, 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 (CGD01–00–160) 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. Special Local

Regulations have been published for

this event in 33 CFR 100.121 for the

same date. The location of this year’s

event has been moved 3.5 nautical miles

north in the vicinity of Barrytown

Reach, north of the Kingston-Rhinecliff

Bridge. The safety zone encompasses

about 800 yards of Barrytown Reach and

is about 1,000 yards smaller than the

permanent area, and it is also scheduled

to start and finish 30 minutes earlier as

compared to the current regulations.

Further, it is a annual, local event,

recreational vessels may still transit to

the east of the zone during the event, the

zone is only in affect for 2 hours, and

commercial traffic is not heavy in this

area of the Hudson River. It is expected

that no more than 1 or 2 commercial

vessels may be affected by this event.

Due to the publication of this annual

event in the Local Notice to Mariners,

commercial traffic will be able to adjust

their transit time to arrive before or after

the event. Any delay encountered in

this regulation’s effective date would be

unnecessary and contrary to public

Federal Register / Vol. 65, No. 129 / Wednesday, July 5, 2000 / Rules and Regulations 41343

interest since immediate action is

needed to close the waterway and

protect swimmers and the maritime

public from the hazards associated with

500 athletes competing in the swimming

portion of the Hudson Valley Triathlon.

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: Special Local Regulations have

been published for this event in 33 CFR

100.121 for the same date. The location

of this year’s event has been moved 3.5

nautical miles north in the vicinity of

Barrytown Reach, north of the KingstonRhinecliff Bridge. It encompasses about

800 yards of Barrytown Reach and is

about 1,000 yards smaller than the

permanent area, it is also scheduled to

start and finish 30 minutes earlier, as

compared to the current regulations.

Further, it is a annual local event,

recreational vessels may still transit to

the east of the zone during the event, the

zone is only in effect for 2 hours, and

commercial traffic is not heavy in this

area of the Hudson River. It is expected

that no more than 1 or 2 commercial

vessels may be affected by this event.

Due to the publication of this annual

event in the Local Notice to Mariners,

commercial traffic will be able to adjust

their transit time to arrive before or after

the event. 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 waterway and

protect swimmers and the maritime

public from the hazards associated with

500 athletes competing in the swimming

portion of the Hudson Valley Triathlon.

Background and Purpose

The Coast Guard has received an

application to hold a triathlon swim on

the waters of the Hudson River. This

regulation establishes a safety zone in

all waters of the Hudson River, in the

vicinity of Ulster Landing, bound by the

following points: 41°59′52.5′′ N

073°56′34.2′′ W (about 150 yards south

of Hudson River Lighted Buoy 82 (LLNR

38325)), thence to 42°00′15.1′′ N

073°56′25.2′′ W, thence to 42°00′05.4′′ N

073°56′41.9′′ W, thence to 42°00′03.7′′ N

073°56′43.1′′ W, (NAD 1983), thence

back to the point of beginning, in the

northern end of Barrytown Reach. The

safety zone is in effect from 6:30 a.m.

(e.s.t.) until 8:30 a.m. (e.s.t.) on Sunday,

July 9, 2000. There is no rain date for

this event. The safety zone prevents

vessels from transiting a portion of the

Hudson River. It is needed to protect

swimmers and boaters from the hazards

associated with 500 swimmers

competing in a confined area of the

Hudson River. Recreational vessels can

still transit to the east of the zone during

the event and will not be precluded

from mooring at or getting underway

from recreational piers in the vicinity of

the zone. Commercial vessels will be

precluded from transiting the area

because the safety zone encompasses

about 800 yards of Barrytown Reach and

there is no viable alternative route.

Public notifications will be made prior

to the event via the Local Notice to

Mariners.

Special Local Regulations have been

published for this event in 33 CFR

100.121 for the same date. The location

of this year’s event has been moved 3.5

nautical miles north in the vicinity of

Barrytown Reach, north of the KingstonRhinecliff Bridge. It encompasses about

800 yards of Barrytown Reach and is

about 1,000 yards smaller than the

permanent area, it is also scheduled to

start and finish 30 minutes earlier, as

compared to the current regulations.

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 following: This is an

annual marine event currently

published in 33 CFR 100.121, this final

rule will close a smaller portion of the

Hudson River, and the minimal time on

a Sunday morning that vessels will be

restricted from the zone. Recreational

vessels may still transit to the east of the

zone during the event and will not be

precluded from mooring at or getting

underway from recreational piers in the

vicinity of the zone. Commercial vessels

can plan their transits up the river

around the time the zone is in effect as

they will have advance notice of this

annual event, and advance notifications

which will be made.

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.

41344 Federal Register / Vol. 65, No. 129 / Wednesday, July 5, 2000 / Rules and Regulations

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.T01–160 to

read as follows:

§ 165.T01–160 Safety Zone: Hudson Valley

Triathlon, Hudson River, Ulster Landing,

NY.

(a) Location. The following area is a

safety zone: All waters of the Hudson

River, in the vicinity of Ulster Landing,

bound by the following points:

41°59′52.5′′ N 073°56′34.2′′ W (about

150 yards south of Hudson River

Lighted Buoy 82 (LLNR 38325)), thence

to 42°00′15.1′′ N 073°56′25.2′′ W, thence

to 42°00′05.4′′ N 073°56′41.9′′ W, thence

to 42°00′03.7′′ N 073°56′43.1′′ W, (NAD

1983), thence back to the point of

beginning, in the northern end of

Barrytown Reach.

(b) Effective period. This section is

effective from 6:30 a.m. (e.s.t.) until 8:30

a.m. (e.s.t.) on July 9, 2000. There is no

rain date for this event.

(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 27, 2000.

R.E. Bennis,

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

Port, New York.

[FR Doc. 00–16889 Filed 7–3–00; 8:45 am]

BILLING CODE 4910–IS–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[MA077–7210a; A–1–FRL–6709–5]

Approval and Promulgation of Air

Quality Implementation Plans;

Massachusetts; VOC Regulation for

Large Commercial Bakeries

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is approving a State

Implementation Plan (SIP) revision

submitted by the Commonwealth of

Massachusetts. This revision establishes

and requires large commercial bakeries

to meet VOC Reasonably Available

Control Technology (RACT)

requirements. The intended effect of

this action is to approve a revision to

Massachusetts SIP which reduces VOC

emissions from bakeries. This action is

being taken in accordance with the

Clean Air Act.

DATES: This direct final rule is effective

on September 5, 2000 without further

notice, unless EPA receives adverse

comment by August 4, 2000. If adverse

comment is received, EPA will publish

a timely withdrawal of the direct final

rule in the Federal Register and inform

the public that the rule will not take

effect.

ADDRESSES: Comments may be mailed to

David Conroy, Manager, Air Quality

Planning Unit, Office of Ecosystems

Protection, U.S. Environmental

Protection Agency, Region I, JFK

Federal Building, Boston, MA 02203.

Copies of the documents relevant to this

action are available for public

inspection during normal business

hours, by appointment at the Office of

Ecosystems Protection, U.S.

Environmental Protection Agency,

Region I, One Congress Street, 11th

floor, Boston, MA; and the Division of

Air Quality Control, Department of

Environmental Protection, One Winter

Street, 8th Floor, Boston, MA 02108.

FOR FURTHER INFORMATION CONTACT:

Jeanne Cosgrove, (617) 918–1669.

SUPPLEMENTARY INFORMATION: The Clean

Air Act (CAA) establishes requirements

for State Implementation Plans for areas

that have not attained the national

ambient air quality standards for ozone.

Section 182(b)(2) of the CAA expands

the applicability of RACT to sources of

VOC equal to or greater than 50 tons per

year. To help the states identify VOC

control options, the CAA required EPA

to publish alternative control

technology (ACT) documents for a

variety of VOC sources. EPA published

an ACT document for Bakery Oven

Emissions (EPA 453/R–92–017) in

December, 1992. Massachusetts has

identified several large commercial

bakeries that are greater than 50 ton per

year sources and as such are subject to

RACT. Massachusetts adopted 310 CMR

7.18(29), Bakeries to reduce VOC

emissions from bakeries.

On March 29, 1995, the

Commonwealth of Massachusetts

submitted a formal revision to its SIP.

The SIP revision amends 310 CMR 7.00

by adding Section 310 CMR 7.18(29),

Bakeries.

I. Summary of SIP Revision

The adopted air pollution control

regulation, 310 CMR 7.18(29) Bakeries,

establishes RACT for bakery facilities.

The rule applies to any person who

owns, leases, operates or controls any

bakery which has the potential to emit,

before the application of air pollution

control equipment, equal to or greater

than 50 tons per year of VOC. The rule

establishes as RACT that affected

bakeries reduce VOC emissions from

baking ovens by 81% by weight. The

81% overall reduction requirement is

based on a minimum capture efficiency

of 90% combined with a minimum

destruction efficiency of 90%.

According to the Massachusetts

Department of Environmental

Protection, affected bakeries in the

Commonwealth will be installing

catalytic oxidation to achieve RACT

level VOC reductions. Massachusetts’

rule contains the following additional

provisions:

1. Exemption for small bakeries: This

section exempts bakeries that can

demonstrate that, since January 1, 1990,

the bakery has not emitted, before the

application of air pollution control

equipment, greater than or equal to 50

tons per year of VOC. Small bakeries

must obtain a permit restriction which

restricts potential emissions to below 50

tons per year;

2. Exemptions for small ovens: This

section exempts individual baking

ovens (at an applicable facility) which

have not emitted since January 1, 1990,

before application of air pollution

control equipment, greater than 25 tons

of VOC in any calendar year from the

RACT requirement and plan submittal

requirements. (small ovens must still

comply with the recordkeeping and

testing requirements);

3. Plan submittal requirements: This

section requires bakeries to submit an

emission control plan to the

Massachusetts DEP for approval (note

that the emission limit requirement in

310 CMR 7.18(29)(e) is directly