41004 Federal Register / Vol. 65, No. 128 / Monday, July 3, 2000 / Rules and Regulations

because this rule will be in effect for

only 1 hour, and vessel traffic can pass

safely around the regulated area.

Assistance for Small Entities

Under section 213(a) of the Small

Business Regulatory Enforcement

Fairness Act of 1996 (Pub. L. 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 process. If

the rule would affect your small

business, organization, or government

jurisdiction and you have questions

concerning its provisions or options for

compliance, please contact the person

listed under FOR FURTHER INFORMATION

CONTACT for assistance in understanding

and participating in this rulemaking. We

also have a point of contact for

commenting on actions by employees of

the Coast Guard. 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 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 safety that may

disproportionately affect children.

Environment

The Coast Guard has considered the

environmental impact of this action and

has determined under Figure 2–1,

paragraph 34(h) of Commandant

Instruction M16475.1C, that this rule is

categorically excluded from further

environmental documentation.

List of Subjects in 33 CFR Part 100

Marine Safety, Navigation (water),

Reporting and Recordkeeping

Requirements, Waterways.

For the reasons discussed in the

preamble, the Coast Guard amends 33

CFR Part 100 as follows:

PART 100—MARINE EVENTS

1. The Authority citation for Part 100

continues to read as follows:

Authority: 33 U.S.C. 1233, 49 CFR 1.46 and

33 CFR 100.35.

2. Temporary § 100.35T–07–062 is

added to read as follows:

§ 100.35T–07–062 Temporary Special

Local Regulation, Calibogue Sound,

Harbour Town, Hilton Head, SC.

(a) Definitions.

(1) Regulated Area. A regulated area

is established on the waters of Calibogue

Sound, Harbour Town, Hilton Head, SC,

within a 1000 foot radius of a fireworks

launch area on a barge in approximate

position 32 08.2′ N, 080 49.2′ W. All

coordinates referenced use Datum: NAD

1983.

(2) Coast Guard Patrol Commander.

The Coast Guard Patrol Commander is

a commissioned, warrant, or petty

officer of the Coast Guard who has been

designated by Commanding Officer,

Group Charleston, SC.

(b) Special Local Regulations. Entry

into the regulated area by other than

event participants is prohibited, unless

otherwise authorized by the Patrol

Commander. Spectator craft are required

to remain in a spectator area to be

established by the event sponsor The

Club Group, LTD.

(c) Dates. These regulations are

effective from 8:30 p.m. to 9:30 p.m.

local time on July 4, 2000. If event is

postponed, they are effective from 8:30

p.m. to 9:30 p.m. local time on July 5,

2000.

Dated: June 20, 2000.

G.W. Sutton,

Captain, U.S. Coast Guard, Acting

Commander, Seventh Coast Guard District.

[FR Doc. 00–16882 Filed 6–29–00; 1:19 pm]

BILLING CODE 4910–15–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Southeast Alaska 00–005]

RIN 2115–AA97

Safety Zone; Gastineau Channel,

Juneau, AK

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone

along the navigable waters of Gastineau

Channel, Juneau, Alaska to encompass

the vessel conducting fireworks display

activities. The safety zone is needed to

protect maritime vessels and to

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 yard radius of the

vessel situated at approximately

58°17′41′′ N, 134°24′22′′ 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–FM channel

16.

DATES: This temporary final rule

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

and terminates at 2 a.m. July 4, 2000.

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.

FOR FUTHER INFORMATION CONTACT:

Lieutenant Cecil McNutt Jr., Chief, Port

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.