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.

58656 Federal Register / Vol. 65, No. 191 / Monday, October 2, 2000 / Rules and Regulations

The Coast Guard certifies under 5

U.S.C. 605 (b) that this rule will not

have a significant 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 Port Jefferson Harbor from

9 p.m. until 10 p.m. on September 16,

23, 30, October 7, 14, 21, 28, and

December 31, 2000. This safety zone

will not have a significant economic

impact on a substantial number of small

entities for the following 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.

Assistance for Small Entities

Under subsection 213(a) of the Small

Business Regulatory Enforcement

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

the Coast Guard wants to assist small

entities in understanding the rule so

that they could better evaluate its effects

on them and participate in the

rulemaking process. If your small

business or organization would be

affected by this rule and you have any

questions concerning its provisions or

options for compliance, please call

Chief Chris Stubblefield at (203) 468–

4428. 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 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 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,

Government 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 proposed 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 has considered the

environmental impact of this rule and

concluded that under figure 2–1,

paragraph 34(g), of Commandant

Instruction, M 16475.C, 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 set out 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.

2. Add temporary § 165.T01–CGD1–

217 to read as follows:

§ 165.T01–CGD1–217 Weekly Fireworks,

Dockside Restaurant, Port Jefferson

Harbor, Port Jefferson, NY.

(a) Location. The safety zone includes

all waters of Port Jefferson Harbor

within a 600 foot radius of the launch

site located in Port Jefferson Harbor,

Port Jefferson, NY in approximate

position 40°57′38′′N, 73°04′47′′W (NAD

1983).

(b) Enforcement period. This section

will be enforced from 9 p.m. until 10

p.m. on the following dates: September

16, 23, 30, October 7, 14, 21, 28 and

until 9 p.m., December 31, 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.

(d) Effective date. This section is

effective from 9 p.m., September 16,

2000 until 10 p.m., December 31, 2000.

Dated: September 15, 2000.

David P. Pekoske,

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

Port, Long Island Sound.

[FR Doc. 00–25267 Filed 9–29–00; 8:45 am]

BILLING CODE 4910–15–U

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 300

[FRL–6873–3]

National Oil and Hazardous Substance

Pollution Contingency Plan; National

Priorities List

AGENCY: Environmental Protection

Agency.

ACTION: Notice of deletion of the

Kassauf-Kimerling Battery Disposal

Superfund Site from the National

Priorities List (NPL).

SUMMARY: The Environmental Protection

Agency (EPA) Region 4 announces the

deletion of the Kassauf-Kimerling

Battery Disposal Superfund Site from

the National Priorities List (NPL). The

NPL constitutes appendix B of 40 CFR

part 300 which is the National Oil and

Hazardous Substances Pollution

Contingency Plan (NCP), which EPA

promulgated pursuant to section 105 of

the Comprehensive Environmental