Federal Register / Vol. 65, No. 188 / Wednesday, September 27, 2000 / Rules and Regulations 57947

Regulatory Flexibility Act

We certify that this final regulation

will not have a significant economic

impact on a substantial number of small

entities. Therefore, a regulatory

flexibility analysis as provided in the

Regulatory Flexibility Act, as amended,

is not required.

Paperwork Reduction Act

This final regulation imposes no

reporting/recordkeeping requirements

necessitating clearance by OMB.

(Catalog of Federal Domestic Assistance

Program Nos. 96.001, Social SecurityDisability Insurance; 96.002, Social SecurityRetirement Insurance; 96.004, Social

Security-Survivors Insurance; 96.006,

Supplemental Security Income)

List of Subjects in 20 CFR Part 404

Administrative practice and

procedure, Blind, Disability benefits,

Old-Age, Survivors and Disability

Insurance, Reporting and recordkeeping

requirements, Social Security.

Dated: September 19, 2000.

Kenneth S. Apfel,

Commissioner of Social Security.

For the reasons set forth in the

preamble, part 404, subpart P, chapter

III of title 20 of the Code of Federal

Regulations is amended as set forth

below.

PART 404—FEDERAL OLD-AGE,

SURVIVORS AND DISABILITY

INSURANCE (1950–)

Subpart P—[Amended]

1. The authority citation for subpart P

of part 404 continues to read as follows:

Authority: Secs. 202, 205(a), (b), and (d)–

(h), 216(i), 221(a) and (i), 222(c), 223, 225,

and 702(a)(5) of the Social Security Act (42

U.S.C. 402, 405(a), (b), and (d)–(h), 416(i),

421(a) and (i), 422(c), 423, 425, and

902(a)(5)); sec. 211(b), Pub. L. 104–193, 110

Stat. 2105, 2189.

2. Appendix 1 to subpart P of part 404

is amended by revising item 4 of the

introductory text before Part A to read

as follows:

Appendix 1 to Subpart P of Part 404—

Listing of Impairments

* * * * *

4. Respiratory System (3.00 and 103.00):

July 2, 2002.

* * * * *

[FR Doc. 00–24708 Filed 9–26–00; 8:45 am]

BILLING CODE 4191–02–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01–00–220]

RIN 2115–AA97

Safety Zone; Oil Spill Recovery, Lower

New York and Sandy Hook Bays

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone for

an oil spill recovery on Lower New York

and Sandy Hook Bays. This action is

necessary to protect recovery personnel

and vessels in the vicinity of oil spill

recovery operations. This action is

intended to restrict vessel traffic in a

portion of Lower New York and Sandy

Hook Bays.

DATES: This rule is effective from 7 p.m.

(e.s.t.) on September 14, 2000, until 7

a.m. (e.s.t.) on September 25, 2000.

ADDRESSES: Comments and material

received from the public, as well as

documents indicated in this preamble as

being available in the docket, are part of

docket (CGD01–00–220) and are

available for inspection or copying at

Coast Guard Activities New York, 212

Coast Guard Drive, room 204, Staten

Island, New York 10305, between 8 a.m.

and 3 p.m., Monday through Friday,

except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Lieutenant M. Day, Waterways

Oversight Branch, Coast Guard

Activities New York (718) 354–4012.

SUPPLEMENTARY INFORMATION:

Regulatory Information

We did not publish a notice of

proposed rulemaking (NPRM) for this

regulation. Under 5 U.S.C. 553(b)(8), the

Coast Guard finds that good cause exists

for not publishing an NPRM. Good

cause exists for not publishing an NPRM

due to the fact that the safety zone is

required due to an unforeseen oil spill.

Any delay encountered in this

regulation’s effective date would be

unnecessary and contrary to public

interest since immediate action is

needed to close the waterway and

protect the recovery personnel and

vessels in the vicinity of oil spill

recovery operations.

Under 5 U.S.C. 553(d)(3), the Coast

Guard finds that good cause exists for

making this rule effective less than 30

days after publication in the Federal

Register. This is due to the following

reasons: It is an unforeseen oil spill and

is needed to protect the recovery

personnel and vessels in the vicinity of

the oil spill recovery operations.

Background and Purpose

There was an oil spill in the vicinity

of the Naval Weapons Station, Earle, NJ

on September 14, 2000. The Coast

Guard is establishing a temporary safety

zone to provide safety to personnel

engaged in recovery operations and to

vessels in the area. The safety zone is in

effect from 7 p.m. (e.s.t.) on September

14, 2000, until 7 a.m. (e.s.t.) on Monday,

September 25, 2000. The effective times

of this safety zone may be extended or

shortened depending on the time

required to conduct the oil spill

recovery. The safety zone prevents

vessels from transiting a portion of

Lower New York and Sandy Hook Bays.

The safety zone includes all waters of

Lower New York and Sandy Hook Bays

bound by the following points:

40°27.449′ N, 074°08.224′ W onshore at

Point Comfort, NJ, thence to Old

Orchard Shoal Light (LLNR 35395),

thence to Chapel Hill South Channel

Lighted Bell Buoy 10 (LLNR 35235),

thence to 40°28.656′ N, 074°01.076′ W

onshore at Sandy Hook Point, thence to

Atlantic Highlands Breakwater Light

(LLNR 35595). Marine traffic will not be

allowed within this safety zone without

authorization from the Captain of the

Port New York. The size and duration

of this zone may be expanded or

contracted as required for oil spill

recovery activities. Public notifications

will be made by facsimile and broadcast

notice to mariners as required.

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 final rule to be

so minimal that a full Regulatory

Evaluation under paragraph 10e of the

regulatory policies and procedures of

DOT is unnecessary. This finding is

based on the minimal time that vessels

will be restricted from the zone, and the

unforeseen nature of the oil spill.

The size of this safety zone was

determined using the predicted tides

and currents for the area affected by the

oil spill.

57948 Federal Register / Vol. 65, No. 188 / Wednesday, September 27, 2000 / Rules and Regulations

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601–612), we 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 Lower New York and Sandy

Hook Bays during the times this zone is

activated.

This safety zone will not have a

significant economic impact on a

substantial number of small entities for

the following reasons: It is due to an

unforeseen oil spill. The size and

duration of the zone may be expanded

or contracted due to oil spill recovery

operations.

Assistance for Small Entities

Under section 213(a) of the Small

Business Regulatory Enforcement

Fairness Act of 1996 (Pub. L. 104–121),

we offered to assist small entities in

understanding the rule so that they

could better evaluate its effects on them

and participate in the rulemaking

process.

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 as

the zone will only be in effect for the

time required to complete the oil spill

recovery operations.

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

annually and rates each agency’s

responsiveness to small business. If you

wish to comment on actions by

employees of the Coast Guard, call 1–

888–REG–FAIR (1–888–734–3247).

Collection of Information

This rule calls for no new collection

of information under the Paperwork

Reduction Act of 1995 (44 U.S.C. 3501–

3520).

Federalism

We have analyzed this rule under

Executive Order 13132 and have

determined that this rule does not have

implications for federalism under that

Order.

Unfunded Mandates

The Unfunded Mandates Reform Act

of 1995 (2 U.S.C. 1531–1538) governs

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 unfunded mandate

costs. This rule will not impose an

unfunded mandate.

Taking of Private Property

This rule will not effect a taking of

private property or otherwise have

taking implications under Executive

Order 12630, Governmental Actions and

Interference with Constitutionally

Protected Property Rights.

Civil Justice Reform

This rule meets applicable standards

in sections 3(a) and 3(b)(2) of Executive

Order 12988, Civil Justice Reform, to

minimize litigation, eliminate

ambiguity, and reduce burden.

Protection of Children

We have analyzed this rule under

Executive Order 13045, Protection of

Children from Environmental Health

Risks and Safety Risks. This rule is not

an economically significant rule and

does not concern an environmental risk

to health or risk to safety that may

disproportionately affect children.

Environment

The Coast Guard considered the

environmental impact of this rule and

concluded that under figure 2–1,

paragraph 34(g), of Commandant

Instruction M16475.1C, this rule is

categorically excluded from further

environmental documentation. This rule

fits paragraph 34(g) as it establishes a

safety zone. A ‘‘Categorical Exclusion

Determination’’ is available in the

docket for inspection or copying where

indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

Harbors, Marine Safety, Navigation

(water), Reporting and recordkeeping

requirements, Security measures,

Waterways.

Regulation

For the reasons discussed in the

preamble, the Coast Guard amends 33

CFR Part 165 as follows:

PART 165—REGULATED NAVIGATION

AREAS AND LIMITED ACCESS AREAS

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, 160.5; 49

CFR 1.46.

2. Add temporary § 165.T01–220 to

read as follows:

§ 165.T01–220 Safety Zone; Oil Spill

Cleanup, Lower New York and Sandy Hook

Bays.

(a) Location. The following area is a

safety zone: All waters of Lower New

York and Sandy Hook Bays bound by

the following points: 40°27.449′ N,

074°08.224′ W onshore at Point

Comfort, NJ, thence to Old Orchard

Shoal Light (LLNR 35395), thence to

Chapel Hill South Channel Lighted Bell

Buoy 10 (LLNR 35235), thence to

40°28.656′ N, 074°01.076′ W onshore at

Sandy Hook Point, thence to Atlantic

Highlands Breakwater Light (LLNR

35595).

(b) Effective period. This section is

effective from 7 p.m. (e.s.t.) on

September 14, 2000, until 7 a.m. (e.s.t.)

on September 25, 2000. The size and

duration of this safety zone may be

expanded or contracted due to

requirements for the oil spill cleanup.

(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.

These personnel comprise

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: September 14, 2000.

P.A. Harris,

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

New York.

[FR Doc. 00–24799 Filed 9–22–00; 4:35 pm]

BILLING CODE 4910–15–P