Federal Register / Vol. 62, No. 216 / Friday, November 7, 1997 / Rules and Regulations 60177

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 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 938

Intergovernmental relations, Surface

mining, Underground mining.

Dated: October 15, 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 938—PENNSYLVANIA

1. The authority citation for Part 938

continues to read as follows:

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

2. Section 938.15 is amended in the

table by adding a new entry in

chronological order by ‘‘Date of Final

Publication’’ to read as follows:

§ 938.15 Approval of Pennsylvania

regulatory program amendments.

* * * * *

Original

amendment

submission

date

Date of final

publication

Citation/description

* * * * *

January 23,

1995.

November 7,

1997.

Chapters 86

through 90.

3. Section 938.16 is amended by

removing and reserving paragraphs (g),

(l), (q), (s), (t), (u), (v), (x), (y), (z), (aa),

(bb), (cc), (dd), (ee), (ff), (gg), (ii), (jj),

and (ddd); and by adding paragraphs

(ppp) through (uuu) to read as follows:

§ 938.16 Required regulatory program

amendments.

* * * * *

(ppp) By January 6, 1998,

Pennsylvania shall submit a proposed

amendment to section 86.5(m), or

otherwise amend its program, to provide

for notification of the operator and any

intervenors of a decision not to revoke

an exemption.

(qqq) By January 6, 1998,

Pennsylvania shall submit a proposed

amendment to subsection 86.55(j), or

otherwise amend its program, to require

that any applications for permit renewal

be submitted at least 120 days before the

permit expiration date.

(rrr) By January 6, 1998, Pennsylvania

shall submit a proposed amendment to

subsections 87.108(c), 89.24(c), and

90.108(c), or otherwise amend its

program, to require, without exception,

that sedimentation ponds cannot be

removed sooner than two years after the

last augmented seeding.

(sss) By January 6, 1998, Pennsylvania

shall submit proposed amendments to

subsections 88.105(c), 88.201(c) and

88.305(c), or otherwise amend its

program, to require additional

hydrologic testing whenever the PHC

determination indicates that adverse

impacts may occur to the hydrologic

balance, or that acid-forming or toxicforming material is present that may

result in the contamination of surface or

ground water supplies.

(ttt) By January 6, 1998, Pennsylvania

shall submit a proposed amendment to

sections 88.321 and 90.133, or otherwise

amend its program, to require that no

noncoal waste be deposited in a coal

refuse pile or impounding structure.

(uuu) By January 6, 1998,

Pennsylvania shall submit a proposed

amendment to provide counterparts to

the Federal regulations at 30 CFR 702.15

(d), (e), (f) and 702.17 (c)(2) and (c)(3)

to require that authorized

representatives have the right to enter

operations conducting incidental coal

extraction and that administrative

reviews of the State’s determinations be

conducted.

[FR Doc. 97–29475 Filed 11–6–97; 8:45 am]

BILLING CODE 4310–05–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD07–97–047]

RIN 2115–AE46

Special Local Regulations; City of

Augusta, GA

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: Temporary special local

regulations are being adopted for the

Augusta Port Authority’s Head of the

South Rowing Regatta. The event will be

held from 7 a.m. to 6 p.m. Eastern

Standard Time (EST) on November 7

and 8, 1997, on the Savannah River at

Augusta, GA.

DATES: This rule becomes effective from

6:30 a.m. to 6:30 p.m. EST on November

7 and 8, 1997.

FOR FURTHER INFORMATION CONTACT:

LTJG M.J. DaPonte, Project Manager,

Coast Guard Group Charleston at (803)

724–7621.

SUPPLEMENTARY INFORMATION:

Regulatory History

On September 26, 1997, the Coast

Guard published a notice of proposed

rulemaking entitled Head of the South

Rowing Regatta, in the Federal Register

(62 FR 50544). The Coast Guard

received no comments during the notice

of proposed rulemaking. A public

hearing was not requested, and none

was held.

Background and Purpose

These regulations are needed to

provide for the safety of life during the

Head of the South Rowing Regatta. The

regulations are intended to promote safe

navigation on the Savannah River
60178 Federal Register / Vol. 62, No. 216 / Friday, November 7, 1997 / Rules and Regulations

immediately before, during, and after

the race by controlling the traffic

entering, exiting, and traveling within

the regulated area.

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

cause exists for making these

regulations effective in less than 30 days

after Federal Register publication.

Delaying its effective date would be

contrary to national safety interests

since immediate action is needed to

minimize potential danger to the public.

The permit request to hold this event

was received by the Coast Guard in late

September, leaving insufficient time for

a full comment period and delayed

effective date. The anticipated number

of participants and spectator vessels

poses a safety concern which is

addressed in these special local

regulations. There will be

approximately 6000 participants racing

singles, doubles, four, and eight person

rowing shells on a fixed course. The

event will take place on the Savannah

River at Augusta, GA between mile

marker 200.20 and marker 197.0.

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

cause exists for making these

regulations effective in less than 30 days

after Federal Register publication.

Delaying its effective date would be

contrary to national safety interests

since immediate action is needed to

minimize potential danger to the public.

The permit request to hold this event

was received by the Coast Guard in late

September, leaving insufficient time for

a full comment period and delayed

effective date.

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 rule

to be so minimal that a full Regulatory

Evaluation under paragraph 10(e) of the

regulatory policies and procedures of

DOT is unnecessary. The regulated area

encompasses less than 3 nautical miles

on the Savannah River between mile

markers 200.2 and 197.0, entry into

which is prohibited for only twelve

hours on each day of the event.

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 small

businesses, not-for-profit organizations

that are independently owned and

operated and are not dominant in their

field and governmental jurisdictions

with populations of less than 50,000.

For the reasons stated above in the

Regulatory Evaluation, the believes this

rule not have a significant effect upon

a substantial number of small entities.

Therefore, the Coast Guard certifies

under section 605(b) that this rule will

not have a significant effect upon a

substantial number of small entities,

because these regulations will only be in

effect for two days in a limited area of

the Savannah River that is seldom used

for commerce.

Collection of Information

These regulations contain no

collection of information requirements

under the Paperwork Reduction Act (44

U.S.C. 3501 et seq.).

Federalism

This action has analyzed in

accordance with the principals and

criteria contained in Executive Order

12612 and it has been determined that

this rulemaking does not have sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

Environmental Assessment

The Coast Guard has considered the

environmental impact of this action,

and has determined pursuant to Section

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

Instruction M16475.1B, that it is

categorically excluded from further

environmental documentation. A

Categorical Exclusion Determination

and Environmental Analysis Checklist

has been prepared and are available in

the docket for inspection or copying.

List of Subjects in 33 CFR Part 100

Marine safety, Navigation (water),

Reporting and recordkeeping

requirements, Waterways.

Temporary Regulations:

In consideration of the foregoing, the

Coast Guard amends Part 100 of Title

33, Code of Federal Regulations, 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–07–

047 is added to read as follows:

§ 100.35T–07–047 Head of the South

Rowing Regatta; Savannah River, Augusta,

GA.

(a) Definitions:

(1) Regulated area. A regulated area is

established on that portion of the

Savannah River at Augusta, GA,

between mile markers 200.2 and 197.0.

The regulated area encompasses the

width of the Savannah River between

these two points.

(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 Charleston, SC.

(b) Special Local Regulations. Entry

into the regulated area by other than

event participations is prohibited,

unless otherwise authorized by the

Coast Guard Commander. After

termination of the Head of the South

Rowing Regatta on November 7–8, 1997,

all vessels may resume normal

operations.

(c) Effective Date. This section is

effective from 6:30 a.m. to 6:30 p.m. EST

on November 7 and 8, 1997.

Dated: October 27, 1997.

Norman T. Saunders,

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

Seventh Coast Guard District.

[FR Doc. 97–29509 Filed 11–6–97; 8:45 am]

BILLING CODE 4910–14–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Parts 100 and 165

[CGD 97–071]

Safety Zones, Security Zones, and

Special Local Regulations

AGENCY: Coast Guard, DOT.

ACTION: Notice of temporary rules

issued.

SUMMARY: This document provides

required notice of substantive rules

adopted by the Coast Guard and

temporarily effective between July 1,

1997 and September 30, 1997, which

was not published in the Federal

Register. This quarterly notice lists

temporary local regulations, security

zones, and safety zones, which were of

limited duration and for which timely

publication in the Federal Register may

not have been possible.

DATES: This notice lists temporary Coast

Guard regulations that became effective

and were terminated between July 1,

1997 and September 30, 1997, as well as

several regulations which were not

included in the previous quarterly list.