Federal Register / Vol. 62, No. 168 / Friday, August 29, 1997 / Rules and Regulations 45717

its implementing Federal regulations

and whether the other requirements of

30 CFR parts 730, 731, and 732 have

been met.

National Environmental Policy Act

No environmental impact statement is

required for this rule since section

702(d) of SMCRA (30 U.S.C. 1292(d))

provides that agency decisions on

proposed State regulatory program

provisions do not constitute major

Federal actions within the meaning of

section 102(2)(C) of the National

Environmental Policy Act (42 U.S.C.

4332(2)(C)).

Paperwork Reduction Act

This rule does not contain

information collection requirements that

require approval by OMB under the

Paperwork Reduction Act (44 U.S.C.

3507 et seq.).

Regulatory Flexibility Act

The Department of the Interior has

determined that this rule will not have

a significant economic impact on a

substantial number of small entities

under the Regulatory Flexibility Act (5

U.S.C. 601 et seq.). The State submittal

which is the subject of this rule is based

upon corresponding Federal regulations

for which an economic analysis was

prepared and certification made that

such regulations would not have a

significant economic effect upon a

substantial number of small entities.

Accordingly, this rule will ensure that

existing requirements previously

promulgated by OSM will be

implemented by the State. In making the

determination as to whether this rule

would have a significant economic

impact, the Department relied upon the

data and assumptions for the

corresponding Federal regulations.

Unfunded Mandates

This rule will not impose a cost of

$100 million or more in any given year

on any governmental entity or the

private sector.

List of Subjects in 30 CFR Part 917

Intergovernmental relations, Surface

mining, Underground mining.

Dated: July 30, 1997.

Allen D. Klein,

Regional Director, Appalachian Regional

Coordinating Center.

For the reasons set out in the

preamble, Title 30, Chapter VII,

Subchapter T of the Code of Federal

Regulations is amended as set forth

below:

PART 917—KENTUCKY

1. The authority citation for Part 917

continues to read as follows:

Authority: 30 U.S.C. 1201 et seq.

2. Section 917.15 is amended in the

table by adding a new entry in

chronological order by ‘‘Date of Final

Publication’’ to read as follows:

§ 917.15 Approval of Kentucky regulatory

program amendments.

* * * * *

Original amendment submission date Date of final

publication Citation/description

* * * * * *

August 15, 1996 ..................................... August 29, 1997 ........ KRS 350.131(3), 350.150(1), Chapter 350 Section 3, KRS 350.0301(1),

350.990(1).

[FR Doc. 97–23106 Filed 8–28–97; 8:45 am]

BILLING CODE 4310–05–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD 05–97–065]

RIN 2115–AE46

Special Local Regulations for Marine

Events; Hampton Offshore Challenge,

Chesapeake Bay, Hampton, Virginia

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: Special local regulations are

being adopted for the Hampton Offshore

Challenge boat race to be held in the

Chesapeake Bay, Hampton, Virginia.

These special local regulations are

necessary to control vessel traffic in the

immediate vicinity of this event. The

effect will be to restrict general

navigation in the regulated area for the

safety of spectators and participants.

EFFECTIVE DATES: This regulation is

effective from 10:30 a.m. to 6 p.m. EDT

(Eastern Daylight Time) on September 6

and September 7, 1997.

FOR FURTHER INFORMATION CONTACT:

Chief Warrant Officer D. Merrill, Marine

Events Coordinator, Commander, Coast

Guard Group Hampton Roads, 4000

Coast Guard Blvd., Portsmouth, Virginia

23703, (757) 483–8568.

SUPPLEMENTARY INFORMATION: In

accordance with 5 U.S.C. 553, a notice

of proposed rulemaking was not

published for this regulation and good

cause exists for making it effective in

less than 30 days from the date of

publication. Following normal

rulemaking procedures would have

been impractical. The request to hold

the event was not received until July 30,

1997. Publishing a notice of proposed

rulemaking and delaying its effective

date would be contrary to safety

interests, since immediate action is

needed to minimize potential danger to

the public posed by the large number of

racing vessels participating in this

event.

Discussion of Regulations

On September 6 and September 7,

1997, the United States Offshore Racing

Association will sponsor the Hampton

Offshore Challenge race in the

Chesapeake Bay near Buckroe Beach,

Hampton, Virginia. The event will

consist of Offshore Performance Boats

racing at high speeds along an 8 mile

oval course. These regulations are

necessary to control spectator craft and

provide for the safety of life and

property on navigable waters during the

event.

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. 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

10e of the regulatory procedures of DOT

is unnecessary. Entry into the regulated

area will only be prohibited while the

race boats are actually competing.

Because vessels will be allowed to

transit the event area between heats, the
45718 Federal Register / Vol. 62, No. 168 / Friday, August 29, 1997 / Rules and Regulations

impacts on routine navigation are

expected to be minimal.

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 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 (15 U.S.C. 632).

The Coast Guard expects the economic

impact of this rule to be minimal, and

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, because the regulations will

only be in effect for a short duration in

a limited area.

Collection of Information

These regulations contain no

collection of information requirements

under the Paperwork Reduction Act of

1995 (44 U.S.C. 3501 et seq.).

Federalism

The Coast Guard has analyzed this

rule under the principles and criteria

contained in Executive Order 12612 and

has determined that this 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 rule and

concluded that, under section

2.b.2.e(34)(h) of Commandant

Instruction M16475.1b (as amended, 61

FR 13564; March 27, 1996), 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.

Temporary Regulations

In consideration of the foregoing, Part

100 of Title 33, Code of Federal

Regulations is amended as follows:

PART 100—[AMENDED]

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. A temporary Section 100.35T–05–

065 is added to read as follows:

§ 100.35T–05–065 Chesapeake Bay,

Hampton, Virginia.

(a) Definitions: (1) Regulated area:

The waters of the Chesapeake Bay

adjacent to Buckroe Beach commencing

at a point on the shoreline at latitude

37°03′40′′ North, longitude 76°16′55′′

West, thence east southeast to latitude

37°03′13′′ North, longitude 76°15′40′′

West, thence south southwest parallel to

the shoreline to latitude 37°00′04′′

North, longitude 76°17′20′′ West, thence

west northwest to the shoreline at

latitude 37°00′15′′ North, longitude

76°18′13′′ West. All coordinates

reference 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 the Commander, Coast

Guard Group Hampton Roads. (b) Special Local Regulations: (1)

Except for participants in the Hampton

Offshore Challenge race and vessels

authorized by the Coast Guard Patrol

Commander, no person or vessel may

enter or remain in the regulated area

without the permission of the Patrol

Commander.

(2) The operator of any vessel in this

area shall:

(i) Stop the vessel immediately when

directed to do so by any commissioned,

warrant, or petty officer on board a

vessel displaying a Coast Guard ensign. (ii) Proceed as directed by any

commissioned, warrant or petty officer

on board a vessel displaying a Coast

Guard ensign. (3) The Patrol Commander will allow

vessel traffic to transit the event area

between races.

(c) Effective dates: This regulation is

effective from 10:30 a.m. to 6 p.m. EDT

on September 6 and September 7, 1997.

Dated: August 14, 1997.

Roger T. Rufe, Jr.,

Vice Admiral, U.S. Coast Guard Commander,

Fifth Coast Guard District.

[FR Doc. 97–23067 Filed 8–28–97; 8:45 am]

BILLING CODE 4910–14–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD 05–97–067]

Special Local Regulations for Marine

Events; Hampton Bay Days Festival;

Hampton River, Hampton, Virginia

AGENCY: Coast Guard, DOT.

ACTION: Implementation of regulation.

SUMMARY: This notice implements the

special local regulations at 33 CFR

100.508 for the Hampton Bay Days

Festival, to be held on September 12–14,

1997 on the Hampton River, in

Hampton, Virginia. These special local

regulations are necessary to control

vessel traffic in the immediate vicinity

of this event. The effect will be to

restrict general navigation in the

regulated area for the safety of

spectators and participants.

EFFECTIVE DATES: 33 CFR 100.508 is

effective from 7 a.m. EDT (Eastern

Daylight Time), September 12, 1997

until 7 p.m. EDT, September 14, 1997.

FOR FURTHER INFORMATION CONTACT:

Chief Warrant Officer D. Merrill, Marine

Events Coordinator, Commander, Coast

Guard Group Hampton Roads, 4000

Coast Guard Blvd., Portsmouth, VA

23703–2199, (757) 483–8568.

SUPPLEMENTARY INFORMATION: Hampton

Bay Days, Inc. will sponsor the

Hampton Bay Days Festival on

September 12–14, 1997. The marine

portion of the festival will consist of a

parade of boats, water ski shows, a

fireworks display and assorted boat

races. A large number of spectator

vessels is anticipated. Therefore, to

ensure the safety of participants,

spectators and transiting vessels, 33 CFR

100.508 will be in effect for the duration

of the event. Under provisions of 33

CFR 100.508, a vessel may not enter the

regulated area unless it receives

permission from the Coast Guard patrol

commander. 33 CFR 100.508 also

implements special anchorage areas

designated in that section for use by

vessels during the event. Vessels less

than 20 meters long may anchor in these

areas without displaying the anchor

lights and shapes required by Inland

Navigation Rule 30 (33 U.S.C. 2030(g)).

These restrictions will be in effect for a

limited period and should not result in

significant disruption of maritime

traffic. The Coast Guard patrol

commander will announce the specific

periods during which the restrictions

will be enforced.

Dated: August 14, 1997.

Roger T. Rufe, Jr.,

Vice Admiral, U.S. Coast Guard, Commander,

Fifth Coast Guard District.

[FR Doc. 97–23073 Filed 8–28–97; 8:45 am]

BILLING CODE 4910–14–M