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

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