65782 Federal Register / Vol. 65, No. 213 / Thursday, November 2, 2000 / Rules and Regulations

data and assumptions for the

counterpart federal regulation.

Small Business Regulatory Enforcement

Fairness Act

This rule is not a major rule under 5

U.S.C. 804(2), the Small Business

Regulatory Enforcement Fairness Act.

This rule:

a. Does not have an annual effect on

the economy of $100 million.

b. Will not cause a major increase in

costs or prices for consumers,

individual industries, federal, state, or

local government agencies, or

geographic regions.

c. Does not have significant adverse

effects on competition, employment,

investment, productivity, innovation, or

the ability of U.S. based enterprises to

compete with foreign-based enterprises.

This determination is based upon the

fact that the state submittal which is the

subject of this rule is based upon

counterpart federal regulations for

which an analysis was prepared and a

determination made that the federal

regulation was not considered a major

rule.

Unfunded Mandates

This rule will not impose a cost of

$100 million or more in any given year

on any governmental entity or the

private sector.

List of Subjects in 30 CFR Part 946

Intergovernmental relations, Surface

mining, Underground mining.

Dated: October 19, 2000.

George C. Miller,

Acting Regional Director, Appalachian

Regional Coordinating Center.

For the reasons set out in the

preamble, Title 30, Chapter VII,

Subchapter T of the Code of Federal

Regulations is amended as set forth

below:

PART 946—VIRGINIA

1. The authority citation for Part 946

continues to read as follows:

Authority: 30 U.S.C. 1201 et seq.

2. Section 946.15 is amended by

adding a new entry to the table in

chronological order by ‘‘Date of

publication of final rule’’ to read as

follows:

§ 946.15 Approval of Virginia regulatory

program amendments.

* * * * *

Original amendment

submission date

Date of publication of final

rule Citation/description

*******

June 27, 2000 ................ November 2, 2000 ............. 4 VAC 25–130–784.20(a)(3) amended and suspended in part; 817.121(c)(4)(i) through

(iv) suspended and deleted.

[FR Doc. 00–28194 Filed 11–1–00; 8:45 am]

BILLING CODE 4310–05–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP SAVANNAH–00–098]

RIN 2115–AA97

Safety Zone Regulations: Savannah,

GA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone

starting at the Southern Natural Gas

dock at Elba Island (N32.05.48,

W080.59.48) and extending outward in

a 100 yard radius into the Savannah

River. This safety zone is necessary to

protect boaters from the hazards

associated with the compromised

structural integrity of the Southern

Natural Gas dock at Elba Island.

EFFECTIVE DATES: This regulation

becomes effective at 8:50 p.m. on

September 21, 2000 and will remain in

effect until 11:30 p.m. on November 15,

2000.

FOR FURTHER INFORMATION CONTACT:

LTJG Peter Simonds, Coast Guard

Marine Safety Office Savannah, at (912)

652–4353.

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. Publishing

a NPRM would be contrary to the public

interest since immediate action is

needed to protect boaters from hazards

associated with the compromised

structural integrity of the Southern

Natural Gas dock at Elba Island. The

Coast Guard received notice of this

compromised structural integrity of the

facility on September 21, 2000 and the

safety zone becomes effective on

September 21, 2000.

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. Delaying its effective date

would be contrary to the public interest

since immediate action is needed to

protect boaters from hazards associated

with the compromised structural

integrity of the Southern Natural Gas

dock at Elba Island. The Coast Guard

received notice of compromised

structural integrity of the Southern

Natural Gas dock at Elba Island on

September 21, 2000 and the safety zone

becomes effective on September 21,

2000.

Background and Purpose

This regulation is necessary to protect

boaters from the hazards associated with

Compromised structural integrity of the

Southern Natural Gas dock at Elba

Island. All vessels are prohibited from

anchoring or transiting restricted waters

and channels unless specifically

authorized by the Captain of the Port

Savannah, GA. This regulation does not

apply to authorized law enforcement or

search and rescue vessels operating

within the safety zone. The Captain of

the Port Savannah, GA will issue a

Marine Safety Information Broadcast

Notice to Mariners (BNTM) to notify the

marine community of the safety zone

and the imposed restrictions.

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). This

rule will only be in effect in a limited

area.

Federal Register / Vol. 65, No. 213 / Thursday, November 2, 2000 / Rules and Regulations 65783

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601–612), we considered

whether this rule would have a

significant economic effect upon 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

section 605(b) that this rule will not

have a significant economic impact on

a substantial number of small entities as

it will only effect a limited area.

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. If the rule will affect your small

business, organization, or government

jurisdiction and you have questions

concerning its provisions or options for

compliance, please contact the person

listed under FOR FURTHER INFORMATION

CONTACT for assistance in understanding

this rule.

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.

Environmental

The Coast Guard considered the

environmental impact of this rule and

concluded 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), Reports and recordkeeping

requirements, Security measures,

Waterways.

Temporary Regulations: 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;

and 33 CFR 1.05–1(g), 6.04–1, 6.04–6, and

160.5; and 49 CFR 1.46.

2. A new temporary § 165.T07–098 is

added to read as follows:

§ 165.T07–098 Safety Zone; Savannah, GA.

(a) Regulated Area: A temporary fixed

safety zone is established within the

area outlined by a 100 yard radius

extending from the Southern Natural

Gas dock at Elba Island (32°05′24′′N,

80°59′48′′W). All coordinates referenced

use NAD 83.

(b) Regulations. In accordance with

the general regulations in § 165.23 of

this part, all vessels are prohibited from

anchoring or transiting in the safety

zone unless specifically authorized by

the Captain of the Port Savannah, GA.

(c) Dates. This regulation becomes

effective at 8:50 p.m. on September 21,

2000 and will remain in effect until

11:30 p.m. on November 15, 2000.

Dated: September 21, 2000.

J.L. McDonald,

U.S. Coast Guard, Captain of the Port

Savannah.

[FR Doc. 00–28058 Filed 11–1–00; 8:45 am]

BILLING CODE 4910–15–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD 07–00–091]

RIN 2115–AA97

Security Zone; Coastal Waters

Adjacent to Florida

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard, after

consultation with the Department of

Justice, established a security zone,

restricting operation of certain vessels

within the internal waters and territorial

seas of the United States, adjacent to or

within the State of Florida and within

the boundaries of the Seventh Coast

Guard District. The Coast Guard is

revising the security zone to better

define enforcement of the zone and the

process for applying for a permit to

depart the zone. This rule is necessary

to provide for the safety of the United

States citizens and residents and to

prevent threatened disturbances of the

international relations of the United

States.

DATES: This rule is effective October 13,

2000 and will terminate when the

national emergency as declared by the

President in Presidential Proclamation

No. 6867 terminates. The Coast Guard

will publish a separate document in the

Federal Register announcing

termination of this rule.

ADDRESSES: Documents indicated in this

preamble as being available in the

docket, are part of docket [CGD07–00–

091] and are available for inspection or

copying at the Seventh Coast Guard

District office, 909 SE. First Avenue,

Miami, FL, 33131, between 9 a.m. and

5 p.m., Monday through Friday, except

Federal holidays.