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.

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