Federal Register / Vol. 62, No. 180 / Wednesday, September 17, 1997 / Rules and Regulations 48765

to the State program are not enforceable

until approved by OSM. The Federal

regulations at 30 CFR 732.17(g) prohibit

any unilateral changes to State

programs. In his oversight of the

Virginia program, the Director will

recognize only the statutes, regulations

and other materials approved by him,

together with any consistent

implementing policies, directives and

other materials, and will require the

enforcement by Virginia of only such

provisions.

VI. Procedural Determinations

Executive Order 12866

This rule is exempted from review by

the Office of Management and Budget

(OMB) under Executive Order 12866

(Regulatory Planning and Review).

Executive Order 12988

The Department of the Interior has

conducted the reviews required by

section 3 of Executive Order 12988

(Civil Justice Reform) and has

determined that, to the extent allowed

by law, this rule meets the applicable

standards of subsections (a) and (b) of

that section. However, these standards

are not applicable to the actual language

of State regulatory programs and

program amendments since each such

program is drafted and promulgated by

a specific State, not by OSM. Under

sections 503 and 505 of SMCRA (30

U.S.C. 1253 and 1255) and 30 CFR

730.11, 732.15 and 732.17(h)(10),

decisions on proposed State regulatory

programs and program amendments

submitted by the States must be based

solely on a determination of whether the

submittal is consistent with SMCRA and

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 counterpart 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

counterpart 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 946

Intergovernmental relations, Surface

mining, Underground mining.

Dated: August 29, 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 946—VIRGINIA

1. The authority citation for Part 946

continues to read as follows:

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

2. Section 946.15 is amended in the

table by adding a new entry in

chronological order by ‘‘Date of Final

Publication’’ to read as follows:

§ 946.15 Approval of Virginia regulatory

program amendments.

* * * * *

Original

amendment

submission

date

Date of final

publication

Citation/description

* * * * *

May 21, 1996 September

17, 1997.

VA Code

§§ 480–

03–

19.700.5;

784.14,

.20;

817.41,

.121.

[FR Doc. 97–24682 Filed 9–16–97; 8:45 am]

BILLING CODE 4310–05–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD08–97–035]

RIN 2115–AE46

Special Local Regulations; Fleur De

Lis Regatta Ohio River Mile 602.0–

604.0, Louisville, KY

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: Special local regulations are

being adopted for the Fleur De Lis

Regatta. This event will be held on

September 27 & 28, 1997 from 9 a.m.

until 3 p.m. at Louisville, Kentucky.

These regulations are needed to provide

for the safety of life on navigable waters

during the event.

EFFECTIVE DATE: These temporary

regulations are effective from 9 a.m.

until 3 p.m., on September 27 & 28,

1997.

FOR FURTHER INFORMATION CONTACT: LT

Jeffrey W. Johnson, Chief, Port

Operations Department, USCG Marine

Safety Office, Louisville, Kentucky at

(502) 582–5194, ext. 39.

SUPPLEMENTARY INFORMATION:

Regulatory History

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

notice of proposed rule making for these

regulations has not been published, and

good cause exists for making them

effective in less than 30 days from the

date of publication. Following normal

rule making procedures would be

impracticable. The details of the event

were not finalized in sufficient time to

publish proposed rules in advance of

the event or to provide for a delayed

effective date.
48766 Federal Register / Vol. 62, No. 180 / Wednesday, September 17, 1997 / Rules and Regulations

Background and Purpose

The marine event requiring this

regulation is a sailing regatta. The event

is sponsored by the City of Louisville

Board of Alderman. The regatta is a

series of recreational sailing vessel

races. Commercial vessels will be

permitted to transit the area every three

hours.

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 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 rule to be so minimal that

a full Regulatory Evaluation under

paragraph 10e of the regulatory policies

and procedures of DOT is unnecessary

because of the event’s short duration.

Small Entities

The Coast Guard finds that the impact

on small entities, if any, is not

substantial. Therefore, the Coast Guard

certifies under section 605(b) of the

Regulatory Flexibility Act (5 U.S.C. 601

et seq.) that this temporary rule will not

have a significant economic impact on

a substantial number of small entities

because of the event’s short duration.

Collection of Information

This rule contains no information

collection requirements under the

Paperwork Reduction (44 U.S.C. 3501 et

seq.).

Federalism Assessment

The Coast Guard has analyzed this

action in accordance with the principles

and criteria of Executive Order 12612

and has determined that this rule does

not raise sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

Environmental Assessment

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 revised by

61 FR 13563; March 27, 1996) this rule

is 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 100.35–T08–

035 is added to read as follows:

§ 100.35–T08–035 Ohio River at Louisville,

Kentucky

(a) Regulated Area: Ohio River Mile

602.0–604.0.

(b) Special Local Regulation: All

persons and/or vessels not registered

with the sponsors as participants or

official patrol vessels are considered

spectators. ‘‘Participants’’ are those

persons and/or vessels identified by the

sponsor as taking part in the event. The

‘‘official patrol’’ consists of any Coast

Guard, public, state or local law

enforcement and/or sponsor provided

vessel assigned to patrol the event. The

Coast Guard ’’Patrol Commander’’ is a

Coast Guard commissioned, warrant, or

petty officer who has been designated

by Commanding Officer, Coast Guard

Marine Safety Office, Louisville.

(1) No vessel shall anchor, block,

loiter in, or impede the through transit

of participants or official patrol vessels

in the regulated area during effective

dates and times, unless cleared for such

entry by or through an official patrol

vessel.

(2) When hailed and/or signaled by an

official patrol vessel, a spectator shall

come to an immediate stop. Vessels

shall comply with all directions given;

failure to do so may result in a citation.

(3) The Patrol Commander is

empowered to forbid and control the

movement of all vessels in the regulated

area. The Patrol Commander may

terminate the event at any time it is

deemed necessary for the protection of

life and/or property and can be reached

on VHF–FM Channel 16 by using the

call sign ‘‘PATCOM’’.

(c) Effective Date: These regulations

will be effective from 9 a.m. to 3 p.m.

on September 27 and 28, 1997.

Dated: September 3, 1997.

Paul J. Prokop,

Captain, U.S. Coast Guard, Acting

Commander, Eighth Coast Guard District.

[FR Doc. 97–24595 Filed 9–16–97; 8:45 am]

BILLING CODE 4910–14–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD01–97–097]

RIN 2115–AE46

Special Local Regulation: Fireworks

Displays Within the First Coast Guard

District

AGENCY: Coast Guard, DOT.

ACTION: Notice of implementation.

SUMMARY: This document provides

notice of the dates and times of the

special local regulations contained in 33

CFR 100.114, Fireworks Displays within

the First Coast Guard District. All

vessels will be restricted from entering

the area of navigable water within a 500

yard radius of the fireworks launch

platform for each event listed in the

table below. Implementation of these

regulations is necessary to control vessel

traffic within the regulated area to

ensure the safety of spectators.

EFFECTIVE DATE: The regulations in 33

CFR 100.114 are effective from one hour

before the scheduled start of the event

until thirty minutes after the last

firework is exploded for each event

listed in the table below. The events are

listed in the table below. The events are

listed chronologically by month with

their corresponding number listed in the

special local regulation, 33 CFR

100.114.

ADDRESSES: Comments should be

mailed to Commander (osr), First Coast

Guard District, Captain John Foster

Williams Federal Building, 408 Atlantic

Ave., Boston, MA 02110–3350, or may

be hand delivered to Room 734 at the

same address, between 8 a.m. and 4

p.m., Monday through Friday, except

federal holidays. Comments will

become part of this docket and will be

available for inspection or copying at

the above address.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Commander William H.

Rypka, Office of Search and Rescue

branch, First Coast Guard District at

(617) 223–8460.

SUPPLEMENTARY INFORMATION: This

notice implements the special local

regulations in 33 CFR 100.114 (62 FR

30988; June 6, 1997). All vessels are

prohibited from entering a 500 yard

radius of navigable water surrounding

the launch platform used in each

fireworks display listed below.