62288 Federal Register / Vol. 65, No. 202 / Wednesday, October 18, 2000 / Rules and Regulations

List of Subjects

33 CFR Part 110

Anchorage grounds.

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 110 and 33 CFR part 165 as

follows:

PART 110—[AMENDED]

1. The authority citation for part 110

continues to read as follows:

Authority: 33 U.S.C. 471, 1221 through

1236, 2030, 2035, and 2071; 49 CFR 1.46 and

33 CFR 1.05–1(g). Section 110.1a and each

section listed in 110.1a is also issued under

33 U.S.C. 1223 and 1231.

2. A new temporary § 110.157(b)(11)

is added to read as follows:

§ 110.157 Delaware Bay and River.

* * * * *

(b) * * *

(11) Additional requirements and

restrictions for the anchorages defined

in paragraphs (a)(7), (a)(8), and (a)(10)

of this section.

(i) Prior to anchoring in Anchorage 7

off Marcus Hook, as described in

paragraph (a)(8) of this section, a vessel

must first obtain permission from the

Captain of the Port, Philadelphia, at

least 24 hours in advance of arrival.

Permission to anchor will be granted on

a ‘‘first-come, first-serve’’ basis. The

Captain of the Port will allow only one

vessel at a time to be at anchor in

Anchorage 7, and no vessel may remain

within Anchorage 7 for more than 12

hours.

(ii) For Anchorage 6 as described in

paragraph (a)(7) of this section, and

Anchorage 9 as described in paragraph

(a)(10) of this section.

(A) Any vessel 700 feet or greater in

length requesting anchorage shall obtain

permission from the Captain of the Port,

Philadelphia, Pennsylvania, at least 24

hours in advance.

(B) Any vessel from 700 to 750 feet in

length shall have one tug alongside at

all times while the vessel is at anchor.

(C) Any vessel greater than 750 feet in

length shall have two tugs alongside at

all times while the vessel is at anchor.

(D) The master, owner or operator of

a vessel at anchor shall ensure that any

tug required by this section is of

sufficient horsepower to assist with

necessary maneuvers to keep the vessel

clear of the navigation channel.

(iii) Effective Dates. This paragraph

(b)(11) is effective from October 3, 2000

until November 30, 2000.

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.

4. Add temporary § 165.T05–048 to

read as follows:

§ 165.T05–048 Safety Zone; Delaware Bay

and River.

(a) Location. The following area is a

safety zone: All waters within the arc of

a circle with a 150 yard radius having

at its center dredging vessel Essex

operating in or near the Marcus Hook

Range Ship Channel in the vicinity of

Anchorage 7.

(b) 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 Captain of the

Port. Any person or vessel authorized to

enter the safety zone must operate in

strict conformance with any directions

given by the Captain of the Port and

leave the safety zone immediately if the

Captain of the Port so orders.

(3) Vessels may navigate in and

through Anchorage 7 (Marcus Hook

Anchorage) to the minimum extent

necessary to stay clear of the safety

zone. Vessels navigating in Anchorage 7

for this purpose shall do so at minimum

speed to maintain steerage, unless

otherwise directed by the Captain of the

Port.

(4) 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.

(5) The Captain of the Port 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).

(c) Definitions. 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.

(d) Effective dates: This section is

effective from October 3, 2000 to

November 30, 2000.

Dated: October 3, 2000.

T.C. Parr,

Captain, U.S. Coast Guard, Commander, Fifth

U.S. Coast Guard District, Acting.

[FR Doc. 00–26768 Filed 10–17–00; 8:45 am]

BILLING CODE 4910–15–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 154

[USCG–1999–5149]

RIN 2115–AF79

Response Plans for Marine

Transportation-Related Facilities

Handling Non-Petroleum Oils;

Clarification

AGENCY: Coast Guard, DOT.

ACTION: Clarification to final rule.

SUMMARY: This document clarifies a

preamble discussion to a final rule

published in the Federal Register of

June 30, 2000. The rule amended Coast

Guard regulations requiring response

plans for marine transportation-related

(MTR) facilities that handle, store, or

transport animal fats or vegetable oils.

Specifically, this document clarifies the

explanation for higher volume ports.

DATES: This document becomes effective

on October 18, 2000.

FOR FURTHER INFORMATION CONTACT: For

questions on this clarification or the

final rule, call Lieutenant Claudia

Gelzer, Project Manager, Coast Guard,

telephone 202–267–1983. For questions

on viewing or submitting material to the

docket, call Dorothy Beard, Chief,

Dockets, Department of Transportation,

telephone 202–366–9329.

SUPPLEMENTARY INFORMATION:

Clarification of Preamble to Final Rule

On June 30, 2000, we published in the

Federal Register the final rule titled

‘‘Response Plans for Marine

Transportation-Related Facilities

Handling Non-Petroleum Oils’’ (USCG–

1999–5149)[65 FR 40820]. In the

preamble to that rule, on page 40822, we

stated that higher volume port areas

were designated based on the

availability of response equipment on

hand in those ports. After that

publication, the Coast Guard received

comments from the affected public

requesting clarification of our high

volume ports discussion.

Federal Register / Vol. 65, No. 202 / Wednesday, October 18, 2000 / Rules and Regulations 62289

We previously addressed this topic in

an interim final rule, ‘‘Response Plans

for Marine Transportation-Related

Facilities’’ (58 FR 7330), that was

published in the Federal Register on

February 5, 1993. As stated in the

interim rule, higher volume ports were

actually designated based on the volume

of all types of oil transported through

those ports. Faster response times were

established for those ports to encourage

vessel and facility plan holders to

concentrate larger quantities of response

equipment as close as possible to

locations having the highest probability

of a significant spill incident. Over time,

the industry has responded by

stockpiling larger quantities of response

equipment in those ports practicable for

all plan holders regardless of the type of

oil cargo carried.

Dated: October 12, 2000.

Howard L. Hime,

Acting Director of Standards, Marine Safety

and Environmental Protection.

[FR Doc. 00–26766 Filed 10–17–00; 8:45 am]

BILLING CODE 4910–15–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01–00–224]

RIN 2115–AA97

Safety Zone: Thunderbird Air Show,

Long Island Sound, Governor Alfred E.

Smith/Sunken Meadow State Park,

Kings Park, NY

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a safety zone for the

Thunderbird Air Show Display to be

held on Long Island Sound, Governor

Alfred E. Smith/Sunken Meadow State

Park, Kings Park, NY on October 28 &

29, 2000. This action is needed to

protect persons, facilities, vessels and

others in the maritime community from

the safety hazards associated with this

display. Entry into this safety zone is

prohibited unless authorized by the

Captain of the Port.

DATES: This rule is effective from 10:30

a.m. on October 28, 2000 until 4:30 p.m.

on October 29, 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 4:00

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 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 New York State Office of Parks,

Recreation and Historic Preservation is

sponsoring an Air Show display on

Long Island Sound, Governor Alfred E.

Smith/Sunken Meadow State Park,

Kings Park, NY. The Air Show display

will occur on October 28 & 29, 2000.

The safety zone covers all waters of the

Long Island Sound within a 3,000 foot

by 12,000 foot area which will be

located in approximate position:

Northeast corner; 40°–55.0.5′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). This zone is

required to protect the maritime

community from the safety dangers

associated with this 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 Long Island Sound and entry into this

zone will be restricted for 6 hours on

October 28 and 29, 2000. Although this

regulation prevents traffic from

transiting this section of Long Island

Sound, the effect of this regulation will

not be significant for several reasons:

the duration of the event is limited; 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.

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 Long Island Sound from

10:30 a.m. until 4:30 p.m. on October 28

and 29, 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; 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