58654 Federal Register / Vol. 65, No. 191 / Monday, October 2, 2000 / Rules and Regulations

Dated: September 15, 2000.

T.C. Paar,

Captain, U.S. Coast Guard, Acting

Commander, Fifth Coast Guard District.

[FR Doc. 00–25269 Filed 9–29–00; 8:45 am]

BILLING CODE 4910–15–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01–00–218]

RIN 2115–AA97

Safety Zone: 2nd Annual Head to the

New River Front Regatta, Hartford,

Connecticut

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a safety zone for the 2nd

Annual Head to the New River Front

Regatta in the Connecticut River,

Hartford, CT, on October 15, 2000. This

action is needed to protect the vessels

of the regatta, recreational and

commercial vessels and their passengers

and crews during the regatta. Entry into

this safety zone is prohibited unless

authorized by the Captain of the Port.

DATES: This rule is effective from 9 a.m.

October 15, 2000 until 3 p.m., October

15, 2000.

ADDRESSES: Documents relating to this

temporary final rule are available for

inspection or copying at U.S. Coast

Guard Group/Marine Safety Office Long

Island Sound, 120 Woodward Avenue,

New Haven, CT 06512 between 7:30

a.m. and 4 p.m., Monday through

Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

MSTC Chris Stubblefield, Command

Center, Long Island Sound at (203) 468–

4428.

SUPPLEMENTARY INFORMATION:

Regulatory Information

We did not publish a notice of

proposed rulemaking (NPRM) for this

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

Coast Guard finds that good cause exists

for not publishing a NPRM. The Coast

Guard also finds good cause to make

this rule effective less than 30 days after

publication in the Federal Register. The

sponsor of the event did not provide the

Coast Guard with the final details for

the event in sufficient time to publish a

NPRM or a final rule 30 days in

advance. The delay encountered if

normal rulemaking procedures were

followed would effectively cancel the

event.

Background and Purpose

The River Front Recapture, Inc. is

sponsoring a regatta from Connecticut

River marker #138 to 1 nautical mile

north of the Founders Bridge on October

15, 2000.

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 proposal to be so minimal

that a full Regulatory Evaluation under

paragraph 10e of the regulatory policies

and procedures of DOT is unnecessary.

Although this regulation prevents traffic

from transiting portions of the

Connecticut River, the effect of this

regulation will not be significant for

several reasons: the duration of the

safety zone is limited and the extensive

advance notifications that will be made

to the maritime community via the

Local Notice to Mariners and marine

information broadcasts. Mariners will be

able to adjust their plans accordingly

based on the extensive advance

information. Additionally, this safety

zone has been narrowly tailored to

impose the least impact on maritime

interests yet provide the level of safety

deemed necessary.

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.

Assistance for Small Entities

Under section 213(a) of the Small

Business Regulatory Enforcement

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

we offer to assist small entities in

understanding the rule so that they

could better evaluate its effects on them

and participate in the rulemaking

process. 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 Reform Act

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 E.O. 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 E.O.

12988, Civil Justice Reform, to minimize

litigation, eliminate ambiguity, and

reduce burden.

Protection of Children

We have analyzed this rule under E.O.

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

Federal Register / Vol. 65, No. 191 / Monday, October 2, 2000 / Rules and Regulations 58655

concluded that under figure 2–1,

paragraph (34)(g), of Commandant

Instruction M16475.lC, this rule is

categorically excluded from further

environmental documentation. 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), Reports and recordkeeping

requirements, Security measures,

Waterways.

For the reasons discussed in the

preamble, the Coast Guard amends 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. Section 165.100 is also issued

under authority of Sec. 311, Pub. L. 105–383.

2. Add temporary § 165.T01–CGD1–

218 to read as follows:

§ 165.T01–CGD1–218 2nd Annual Head to

the New River Front Regatta, Hartford, CT.

(a) Location. The safety zone includes

all waters of the Connecticut River

within the marked boundaries of the

race course from Connecticut River

marker #138 to 1 nautical mile north of

the Founders Bridge.

(b) Effective date. This section is

effective on October 15, 2000 from 9

a.m. until 3 p.m., October 15, 2000.

(c) (1) Regulations. The general

regulations covering safety zones

contained in § 165.23 of this part 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: September 20, 2000.

David P. Pekoske,

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

Port, Long Island Sound.

[FR Doc. 00–25268 Filed 9–29–00; 8:45 am]

BILLING CODE 4910–15–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01–00–217]

RIN 2115–AA97

Safety Zone: Weekly Fireworks,

Dockside Restaurant, Port Jefferson

Harbor, NY

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a safety zone for the Weekly

Fireworks, Dockside Restaurant, to be

held in Port Jefferson Harbor, Port

Jefferson, NY on the following dates:

September 16, 23, 30, October 7, 14, 21,

28 and December 31, 2000. This action

is needed to protect persons, facilities,

vessels and others in the maritime

community from the safety hazards

associated with this fireworks display.

Entry into this safety zone is prohibited

unless authorized by the Captain of the

Port.

DATES: This rule is effective from 9 p.m.,

September 16, 2000 until 10 p.m.,

December 31, 2000.

ADDRESSES: Documents relating to this

temporary final rule are available for

inspection and copying at U.S. Coast

Guard Group/Marine Safety Office Long

Island Sound, 120 Woodward Avenue,

New Haven, CT 06512. Normal office

hours are between 7:30 a.m. and 4 p.m.,

Monday through Friday, except Federal

holidays.

FOR FURTHER INFORMATION CONTACT:

Chief Chris Stubblefield, Command

Center, Group/Marine Safety Office

Long Island Sound, New Haven, CT

(203) 468–4428.

SUPPLEMENTARY INFORMATION:

Regulatory Information

We did not publish a notice of

proposed rulemaking (NPRM) for this

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

Coast Guard finds that good cause exists

for not publishing a NPRM. The Coast

Guard also finds good cause to make

this rule effective less than 30 days after

publication in the Federal Register. The

sponsor of the event did not provide the

Coast Guard with the final details for

the event in sufficient time to publish a

NPRM or a final rule 30 days in

advance. The delay encountered if

normal rulemaking procedures were

followed would effectively cancel the

event. Cancellation of this event is

contrary to the public interest since the

fireworks display is for the benefit of the

public.

Background and Purpose

The Dockside Restaurant, Port

Jefferson, NY is sponsoring a fireworks

display in Port Jefferson Harbor, Port

Jefferson, NY. The fireworks display

will occur on the following dates:

September 16, 23, 30, October 7, 14, 21,

28 and December 31, 2000. The safety

zone covers all waters of Port Jefferson

Harbor within a 600 foot radius of the

fireworks launching area which will be

located in approximate position:

40°¥57′38′′N, 073°¥04′47′′W, (NAD

1983). This zone is required to protect

the maritime community from the safety

dangers associated with this fireworks

display. Entry into or movement within

this zone will be prohibited unless

authorized by the Captain of the Port or

his on-scene representative.

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 proposal to be so minimal

that a full Regulatory Evaluation under

paragraph 10e of the regulatory policies

and procedures of DOT is unnecessary.

This safety zone involves only a portion

of Port Jefferson Harbor and entry into

this zone will be restricted for only 60

minutes on September 16, 23, 30,

October 7, 14, 21, 28 and December 31,

2000. Although this regulation prevents

traffic from transiting this section of

Port Jefferson Harbor, the effect of this

regulation will not be significant for

several reasons: the duration of the

event is limited; the event is at a late

hour; all vessel traffic may safely pass

around this safety zone; and extensive,

advance maritime advisories will be

made.

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 are not dominant

in their fields, and governmental

jurisdictions with populations of less

than 50,000.