41324 Federal Register / Vol. 62, No. 148 / Friday, August 1, 1997 / Proposed Rules

(ii) Authority: 5 U.S.C. 552a(k)(1).

(iii) Reasons: From subsection 5

U.S.C. 552a(d) because granting access

to information that is properly classified

pursuant to E.O. 12958, as implemented

by DoD 5200.1-R, may cause damage to

the national security.

* * * * *

Dated: July 28, 1997.

L. M. Bynum,

Alternate OSD Federal Register Liaison

Officer, Department of Defense

[FR Doc. 97–20267 Filed 7–31–97; 8:45 am]

BILLING CODE 5000–04–F

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01–97–071]

RIN 2121–AA97

Safety Zone: New York Super Boat

Race, New York

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard proposes to

establish a temporary safety zone in the

lower Hudson River, for the New York

Super Boat Race. The proposed safety

zone would restrict vessel traffic in the

Lower Hudson River between Battery

Park and Pier 76 in Manhattan.

DATES: Comments must be received on

or before September 2, 1997. The

temporary safety zone would be in effect

on Sunday, September 7, 1997, from 12

p.m. until 4 p.m.

ADDRESSES: Comments should be

mailed to Lieutenant Junior Grade Dave

Gefell, Waterways Oversight Branch,

Coast Guard Activities New York, 212

Coast Guard Drive, Staten Island, New

York 10305.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Junior Grade Dave Gefell,

Waterways Oversight Branch, Coast

Guard Activities New York, (718) 354–

4195.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages

interested persons to participate in this

rulemaking by submitting written data,

views, or arguments.

Persons submitting comments should

include their names and addresses,

identify this notice (CGD01–97–071)

and the specific section of the proposal

to which their comments apply, and

give reasons for each comment. Persons

wanting acknowledgement of receipt of

comments should enclose a stamped,

self-addressed postcard or envelope.

The Coast Guard will consider all

comments received during the comment

period. It may change this proposal in

view of the comments. The Coast Guard

plans no public hearing; however,

persons may request a public hearing by

writing to the Waterways Oversight

Branch at the address under ADDRESSES.

If it is determined that the opportunity

for oral presentations will aid this

rulemaking, the Coast Guard will hold

a public hearing at a time and place

announced by a later notice in the

Federal Register.

Background and Purpose

Super Boat International Productions,

Inc. has submitted an Application for

Approval of Marine Event for a Super

Boat Race in the waters of the Lower

Hudson River. This regulation would

establish a temporary safety zone in the

waters of the Lower Hudson River south

of a line drawn from pier 76 in

Manhattan and a point in Weehawken,

New Jersey at 40°45′52′′N latitude,

074°01′01′′W longitude, and north of a

line connecting the following points:

Latitute Longitude

40°42′16.0′′ N 074°01′09.0′′ W, then south to

40°41′55.0′′ N 074°01′16.0′′ W, then west to

40°41′47.0′′ N 074°01′36.0′′ W, then northwest to

40°41′55.0′′ N 074°01′59.0′′ W, then to shore

at

40°42′20.5′′ N 074°02′06.0′′ W

The safety zone would be effective on

Sunday, September 7, 1997, from 12

p.m. until 4 p.m. This safety zone would

restrict vessel traffic in the Lower

Hudson River south of a line drawn

from Pier 76 in Manhattan to a point

located directly opposite on the New

Jersey shoreline and north of a line

drawn between Battery Park in

Manhattan and the southern most point

of Ellis Island in the Upper New York

Bay. This safety zone is needed to

protect mariners from the hazards

associated with a boat race in which the

participants transit at excessive speeds.

This event will include up to 40

powerboats, 24 to 50 feet in length,

racing on an 8 mile oval course at

speeds in excess of 100 mph. No more

than 100 spectator craft are expected for

the event.

Regulatory Evaluation

This proposal 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 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.

Although this regulation would prevent

traffic from transiting this area, the

effect of this regulation would not be

significant for several reasons: The

volume of commercial vessel traffic

transiting the Lower Hudson River on a

Sunday is less than half of the normal

daily traffic volume; pleasure craft

desiring to view the event will be

directed to designated spectator viewing

areas outside the safety zone; pleasure

craft can take an alternate route through

the East River and the Harlem River; the

duration of the event is limited to four

hours; the extensive advisories which

will be made to the affected maritime

community by Local Notice to Mariners,

Safety Voice Broadcast, and facsimile

notification.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601–612), the Coast Guard

must consider whether this proposal

will have a significant economic impact

on a substantial number of small

entities. ‘‘Small entities’’ include

independently owned and operated

small businesses that are not dominant

in their field and that otherwise qualify

as ‘‘small business concerns’’ under

section 3 of the Small Business Act (21

U.S.C. 632).

For reasons set forth in the above

Regulatory Evaluation, the Coast Guard

expects the impact of this proposal to be

minimal. The Coast Guard certifies

under 5 U.S.C. 605(b) that this proposal

will not have a significant economic

impact on a substantial number of small

entities. If, however, you think that your

business or organization qualifies as a

small entity and that this rule will have

significant economic impact on your

business or organization, please submit

a comment explaining why you think it

qualifies and in what way and to what

degree this rule will economically affect

it.

Collection of Information

This proposal contains no collection

of information requirements under the

Paperwork Reduction Act (44 U.S.C.

3501–3520).

Federalism

The Coast Guard has analyzed this

action in accordance with the principles

and criteria contained in Executive
Federal Register / Vol. 62, No. 148 / Friday, August 1, 1997 / Proposed Rules 41325

Order 12612 and has determined that

this proposal does not raise sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

Environment

The Coast Guard has considered the

environmental impact of this proposal

and concluded that under section

2.B.2.e. of Commandant Instruction

M16475.1B, it is categorically excluded

from further environmental

documentation. A Categorical Exclusion

Determination and Environmental

Analysis Checklist is included in the

docket.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and recordkeeping

requirements, Security measures,

Waterways.

Proposed Regulations

For reasons set out in the preamble,

the Coast Guard proposes to amend 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 temporary § 165.T01–072, is

added to read as follows:

§ 165.T01–072 Safety Zone; New York

Super Boat Race, Hudson River, New York

and New Jersey.

(a) Location. The following area is a

safety zone: All waters of the Lower

Hudson River between Pier 76 in

Manhattan and a point on the New

Jersey shore in Weehawken, New Jersey

at 40°45′52′′ N latitude, 074°01′01′′ W

longitude and north of a line connecting

the following points:

Latitude Longitude

40°42′16.0′′ N 074°01′09.0′′ W, then south to

40°41′55.0′′ N 074°01′16.0′′ W, then west to

40°41′47.0′′ N 074°01′36.0′′ W, then northwest to

40°41′55.0′′ N 074°01′59.0′′ W, then to shore

at

40°42′20.5′′ N 074°02′06.0′′ W

(b) Effective period. This safety zone

would be in effect on Sunday,

September 7, 1997, from 12 p.m. until

4 p.m.

(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.

U.S. Coast Guard patrol personnel

include commissioned, warrant, and

petty officers of the Coast Guard. Upon

being hailed by a U.S. Coast Guard

vessel via siren, radio, flashing light, or

other means, the operator of a vessel

shall proceed as directed.

Dated: July 20, 1997.

Richard C. Vlaun,

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

Port, New York.

[FR Doc. 97–20334 Filed 7–31–97; 8:45 am]

BILLING CODE 4310–14–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[ME47–01–7002b; A–1–FRL–5867–7]

Approval and Promulgation of Air

Quality Implementation Plans; Maine;

(Hancock and Waldo Counties Ozone

Maintenance Plan Revision—Motor

Vehicle Emissions Budgets)

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA is proposing to approve

a State Implementation Plan (SIP)

revision submitted by the State of

Maine. This revision establishes explicit

year 2006 motor vehicle emissions

budgets [Volatile Organic Compounds

(VOC) and Nitrogen Oxides (NOX)] for

the Hancock and Waldo counties ozone

maintenance area to be used in

determining transportation conformity.

In the final rules section of this Federal

Register, EPA is approving the State’s

SIP revision as a direct final rule

without prior proposal because the

Agency views this as a noncontroversial

revision and anticipates no adverse

comments. A detailed rationale for the

approval is set forth in the direct final

rule. If no adverse comments are

received in response to that direct final

rule, no further activity is contemplated

in relation to this proposed rule. If EPA

receives adverse comments, the direct

final rule will be withdrawn and all

public comments received will be

addressed in a subsequent final rule

based on this proposed rule. EPA will

not institute a second comment period

on this proposal. Any parties interested

in commenting on this proposal should

do so at this time.

DATES: Comments must be received on

or before September 2, 1997.

ADDRESSES: Comments may be mailed to

Susan Studlien, Deputy Director, Office

of Ecosystem Protection (mail code

CAA), U.S. Environmental Protection

Agency, Region I, JFK Federal Bldg.,

Boston, MA 02203. Copies of the State

submittal and EPA’s technical support

document are available for public

inspection during normal business

hours, by appointment at the Office of

Ecosystem Protection, U.S.

Environmental Protection Agency,

Region I, One Congress Street, 11th

floor, Boston, MA and the Bureau of Air

Quality Control, Department of

Environmental Protection, 71 Hospital

Street, Augusta, ME 04333.

FOR FURTHER INFORMATION CONTACT:

Donald O. Cooke, (617) 565–3508.

SUPPLEMENTARY INFORMATION: For

additional information, see the direct

final rule which is located in the rules

section of this Federal Register.

Authority: 42 U.S.C. 7401–7671q.

Dated: July 20, 1997.

John P. DeVillars,

Regional Administrator, Region I

[FR Doc. 97–20367 Filed 7–31–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[NC–82–9728(b); FRL–5863–7]

Approval and Promulgation of

Revisions to North Carolina SIP

Involving Open Burning and Other

Miscellaneous Rules

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: On August 16, 1996, North

Carolina submitted, through the

Department of Environment, Health,

and Natural Resources, revisions to the

North Carolina State Implementation

Plan (SIP) involving the adoption of

open burning rules and also the

amending of many other miscellaneous

regulations. In the final rules section of

this Federal Register, the EPA is

approving the revision as a direct final

rule without prior proposal because the

EPA views this as a noncontroversial

revision amendment and anticipates no

adverse comments. A detailed rationale

for the approval is set forth in the direct

final rule. If no adverse comments are

received in response to that direct final

rule no further activity is contemplated

in relation to this proposed rule. If EPA

receives adverse comments, the direct

final rule will be withdrawn and all

public comments will be addressed in a

subsequent final rule based on this

proposed rule. The EPA will not

institute a second comment period on