62290 Federal Register / Vol. 65, No. 202 / Wednesday, October 18, 2000 / Rules and Regulations

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. Section 165.100 is also issued

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

2. Add temporary § 165.T01–CGD1–

224 to read as follows:

§ 165.T01–CGD1–224; Thunderbird Air

Show, Governor Alfred E. Smith/Sunken

Meadow State Park, Kings Park, NY.

(a) Location. The safety zone includes

all waters of Long Island Sound within

a 3,000 foot by 12,000 foot area located

on Long Island Sound, Governor Alfred

E. Smith/Sunken Meadow State Park,

Kings Park, NY in approximate position:

Northeast corner; 40°¥55.05′N,

073°¥16.40′W, Northwest corner;

40°¥55.0.5′N, 073°¥14.40′W,

Southeast corner; 40°¥54.55′N,

073°¥16.40′W, Southwest corner;

40°¥54.55′N, 073°¥14.40′W, (NAD

1983).

(b) Effective date. This rule is effective

from 10:30 a.m. on October 28, 2000

until 4:30 p.m. October 29, 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) Enforcement period. This rule will

be enforced from 10:30 a.m. until 4:30

p.m. on October 28 and 29, 2000

respectively.

Dated: October 5, 2000.

David P. Pekoske,

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

Port, Long Island Sound.

[FR Doc. 00–26769 Filed 10–17–00; 8:45 am]

BILLING CODE 4910–15–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD05–00–047]

RIN 2115–AA97

Safety Zone; Strategic Booming

Exercise in the Cape May Harbor, Cape

May, NJ

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing temporary regulations in

the Cape May Harbor, Cape May, NJ

during a New Jersey Department of

Environmental Protection oil spill

booming test in the north end of the

Cape May Harbor. This action is

necessary to provide for the safety of life

and property on navigable waters during

the booming test. This action will

restrict vessel traffic as the north end of

the Cape May Harbor will be closed to

all vessel traffic.

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

to 1 p.m. on October 19, 2000.

ADDRESSES: Documents indicated in this

preamble as being available in the

docket are part of docket CGD05–00–

047 and are available for inspection or

copying at Coast Guard Marine Safety

Office/Group Philadelphia, One

Washington Avenue, Philadelphia,

Pennsylvania 19147 between 8 a.m. and

3 p.m., Monday through Friday, except

Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Junior Grade Wade

Kirschner, Coast Guard Marine Safety

Office/Group Philadelphia, (215) 271–

4889.

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 an NPRM. We were

notified of the oil pollution booming

test in the Cape May Harbor with

insufficient time to publish an NPRM,

allow for comments, and publish a final

rule.

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. We were informed on

September 7, 2000 that a strategic

booming test would take place in the

Cape May Harbor. Delaying the effective

date of the rule would be contrary to the

Federal Register / Vol. 65, No. 202 / Wednesday, October 18, 2000 / Rules and Regulations 62291

public interest, since immediate action

is needed to protect mariners against

potential hazards associated with the

temporary placement of boom across the

north end of the Cape May Harbor.

Background and Purpose

The strategic booming exercise is in

response to a 1996 oil spill that fouled

the New Jersey shoreline from

Manasquan to Cape May. The New

Jersey Department of Environmental

Protection commissioned a project to

develop potential protection strategies

for each tidal inlet occurring along the

Atlantic Coast of New Jersey.

The thirteen tidal inlets along New

Jersey’s coastline are actually channels

that divide the barrier islands into

segments. The inlets are subject to

reversing tidal currents, and are

conduits for the volume of water that

flows in and out of the bay/estuarine

system during a tidal cycle called the

tidal prism. It is through these conduits

that oil spilled on open ocean waters

could reach the sensitive resources,

such as salt marshes, that occur along

the bay/estuarine shorelines. Coastal

tidal inlets are therefore focal points for

designing strategies to protect these vital

resources from spilled oil.

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).

We expect the economic impact of

this temporary final rule to be so

minimal that a full Regulatory

Evaluation under paragraph 10e of the

regulatory policies and procedures of

DOT is unnecessary.

The primary impact of these

regulations will be on vessels wishing to

transit the affected waterways during

the booming exercise on October 19,

2000. Although this regulation prevents

traffic from transiting portions of the

Cape May Harbor during the event, that

restriction is limited in duration, affects

only a limited area, and will be well

publicized to allow mariners to make

alternative plans for transiting the

affected area. In addition, there is an

alternate route out of the harbor through

the Cape May Canal.

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 business, 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

fishing or recreational vessels intending

to transit the north end of the Cape May

Harbor.

The rule will not have a significant

impact on a substantial number of small

entities for the following reasons: the

restrictions are limited in duration,

affect only limited areas, and although

the safety zone will apply to the entire

width of the navigable channel, traffic

will be able to exit the north end of the

Cape May Harbor via the Cape May

Canal. The oil spill prevention exercise

has been well publicized by the New

Jersey Department of Environmental

Protection, which distributed flyers to

the marinas and boaters located in the

north end of the Cape May Harbor. In

addition, before the effective period, the

Coast Guard will issue maritime

advisories to allow mariners to make

alternative plans for transiting the

affected areas.

Assistance for Small Entities

Under section 213 of the Small

Business Regulatory Enforcement

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

we are willing to assist small entities in

understanding the rule so that they can

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 Ombudsmen

and the Regional Small Business

Regulatory Fairness Boards. The

Ombudsman evaluates these actions

annually and rates each agency’s

responsiveness to small businesses. 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 costs. This rule will

not impose an unfunded mandate.

Taking of Private Property

This rule will not affect 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

We 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.

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—[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;

62292 Federal Register / Vol. 65, No. 202 / Wednesday, October 18, 2000 / Rules and Regulations

49 CFR 1.46. Section 165.100 is also issued

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

2. Add temporary § 165.T05–047 to

read as follows:

§ 165.T05–047 Safety Zone; Strategic

Booming Exercise in the Cape May Harbor,

Cape May, NJ.

(a) Definitions. (1) Captain of the Port

means the Commanding Officer of the

Coast Guard Marine Safety Office/Group

Philadelphia or any Coast Guard

commissioned, warrant, or petty officer

who has been authorized by the Captain

of the Port to act on his behalf.

(2) Coast Guard Representative is a

commissioned, warrant, or petty officer

of the Coast Guard who has been

designated by the Commanding Officer,

Coast Guard Marine Safety Office/Group

Philadelphia.

(b) Location. This rule establishes a

safety zone to include all waters 100 feet

in any direction from all booming

equipment and any vessels participating

in the strategic booming exercise. One

end of the boom will start from the

Coast Guard Buoy Yard (approximate

position 38° 56′ 90′′ N, 074° 53′ 30′′ W)

on the south side of the entrance to the

North end of the Cape May Harbor and

will extend out near the green can buoy

number ‘‘3’’. From the green can marker

buoy ‘‘3’’, the boom will extend across

the navigable channel and be attached

to the red flashing (2+1) day marker

‘‘C’’. From the day marker, the boom

will extend to the north side of the

north entrance to the Cape May Harbor

and end near Snow’s Fish Processing

Plant (approximate position 38° 57′ 20′′

N, 74° 53′ 00′′ W). All coordinates

reference Datum NAD 1983.

(c) Regulations. (1) All persons are

required to comply with the general

regulations governing safety zones in

§ 165.23 of this part.

(2) No person or vessel may enter or

navigate within this safety zone unless

authorized to do so by the Coast Guard

Representative. Any person or vessel

authorized to enter the safety zone must

operate in strict conformance with any

directions given by the Coast Guard

Representative and leave the safety zone

immediately if the Coast Guard

Representative so orders.

(3) The Coast Guard vessels enforcing

this section can be contacted on VHF

Marine Band Radio, channels 13 and 16.

The Captain of the Port can be contacted

at telephone number (215) 271–4940.

(4) The Coast Guard Representative

will notify the public of any changes in

the status of this safety zone by Marine

Safety Radio Broadcast on VHF–FM

marine band radio, channel 22 (157.1

MHz).

(d) Effective dates. These regulations

are effective from 7 a.m. to 1 p.m. on

October 19, 2000.

Dated: September 20, 2000.

G.F. Adams,

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

Port Philadelphia.

[FR Doc. 00–26772 Filed 10–17–00; 8:45 am]

BILLING CODE 4910–15–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD11–00–007]

RIN 2115–AE84

Regulated Navigation Area; San Pedro

Bay, California

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: The Coast Guard is revising

the Regulated Navigation Area for San

Pedro Bay, California. Due to port

expansion projects in the Ports of Los

Angeles and Long Beach, the Coast

Guard conducted a Port Access Route

Study (PARS) which recommended,

among other things, changes to the San

Pedro Bay Regulated Navigation Area

(RNA). The Coast Guard is also making

minor changes to some vessel

operational procedures and

requirements to reflect the necessary

modifications with respect to traffic

management due to the port

construction and expansion projects.

DATES: This rule is effective as of

October 18, 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 [CGD11–00–007] and are

available for inspection or copying at

Commander (Pmc-3), USCG PACAREA/

D11, Bldg 50–6, Coast Guard Island,

Alameda, CA 94501–5100, between 8

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

Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Patricia Springer, Chief

Vessel Traffic Management Section,

11th Coast Guard District, telephone

(510) 437–2951; e-mail

pspringer@d11.uscg.mil.

SUPPLEMENTARY INFORMATION:

Regulatory History

In 1999, the Coast Guard conducted a

Port Access Route Study (PARS), which

we announced in a document published

in the Federal Register on March 11,

1999 (63 FR 12140). A PARS was

needed to evaluate the effects of port

improvement projects for the ports of

Los Angeles and Long Beach on

navigational safety and vessel traffic

management efficiency, and to

recommend any necessary changes to

existing routing measures. The Coast

Guard completed the study in July 1999

and announced the results of this study

in a Notice published in the Federal

Register on May 19, 2000 (65 FR 31856).

Among other things, this study

recommended modifications to the

precautionary areas, existing TSS’s, and

aids to navigation.

On July 21, 2000, we published a

notice of proposed rulemaking (NPRM)

entitled Regulated Navigation Area; San

Pedro Bay, California, in the Federal

Register (65 FR 45328). The comment

period ended September 5, 2000. We

did not receive any comments on the

proposed rule. No public hearing was

requested, and none was held.

During the drafting of this Final Rule,

a few minor changes were made to items

discussed in the NPRM. The Coast

Guard expects that these minor changes

from the content of the NPRM will not

impose a burden on the public.

1. In the Discussion of Regulation

section of the NPRM, it correctly states

that the length of the Long Beach Pilot

area will be expanded approximately

1.7 nm to the south. Subsequently, in

the same section, it states incorrectly

that the Long Beach Pilot Area will be

expanded to the south approximately

1.6 nm. This error in the NPRM is

corrected in this final rule to reflect that

the length of the Long Beach Pilot Area

will be expanded approximately 1.7 nm

to the south.

2. The second change corrects an error

in the last paragraph of the Discussion

of Regulation section of the NPRM. The

sentence, ‘‘When a vessel drawing more

than 50 feet * * *’’ is corrected to read,

‘‘When a vessel 50 feet and greater

* * *’’

3. The third change deals with the

nomenclature used to designate the

geographical coordinates of the RNA,

Pilot Areas, Deep Water Routes, and the

Middle Breakwater Area. The format

used in the NPRM described the

latitudes and longitudes in degrees,

minutes and seconds. In contrast, the

format used in the final rule describes

latitudes and longitudes in degrees,

minutes, and tenths of minutes. The

format used in the final rule is easier to

read and the NAD 1983 datum is

accounted for throughout the regulation.

Also, describing the coordinates for the

RNA in this manner is consistent with

the way the coordinates are published

in the Los Angeles/Long Beach Traffic