70324 Federal Register / Vol. 65, No. 226 / Wednesday, November 22, 2000 / Proposed Rules

Rules Docket both before and after the

closing date for comments. A report

summarizing each substantive public

contact with the FAA personnel

concerned with this rulemaking will be

filed in the docket.

Availability of NPRMs

Any person may obtain a copy of this

Notice of Proposed Rulemaking (NPRM)

by submitting a request to the Office of

the Regional Counsel, AEA–7, F.A.A.

Eastern Region, 1 Aviation Plaza,

Jamaica, NY, 11434–4809.

Communications must identify the

notice number of this NPRM. Persons

interested in being placed on a mailing

list for future NPRMs should also

request a copy of Advisory Circular No.

11–2A, which describes the application

procedure.

The Proposal

The FAA is considering an

amendment to Part 71 of the Federal

Aviation Regulations (14 CFR Part 71) to

establish Class E airspace area at

Charlottesville, VA. A RNAV Point in

Space Approach has been developed for

University of Virginia Medical Center

Heliport, Charlottesville, VA. Controlled

airspace extending upward from 700

feet AGL is needed to accommodate the

approach. Class E airspace designations

for airspace areas extending upward

from 700 feet or more above the surface

are published in Paragraph 6005 of FAA

Order 7400.9E, dated September 10,

2000, and effective September 16, 2000,

which is incorporated by reference in 14

CFR 71.1. The Class E airspace

designation listed in this document

would be published subsequently in the

Order.

The FAA has determined that this

proposed regulation only involves an

established body of technical

regulations for which frequent and

routine amendments are necessary to

keep them operationally current.

Therefore, this proposed regulation—(1)

is not a ‘‘significant regulatory action’’

under Executive Order 12866; (2) is not

a ‘‘significant rule’’ under DOT

Regulatory Policies and Procedures (44

FR 11034, February 26, 1979); and (3)

does not warrant preparation of a

regulatory evaluation as the anticipated

impact is so minimal. Since this is a

routine matter that would only affect air

traffic procedures and air navigation, it

is certified that this proposed rule

would not have significant economic

impact on a substantial number of small

entities under the criteria of the

Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference,

Navigation (air).

The Proposed Amendment

In consideration of the foregoing, the

Federal Aviation Administration

proposes to amend 14 CFR Part 71 as

follows:

PART 71—[AMENDED]

1. The authority citation for 14 CFR

Part 71 continues to read as follows:

Authority: 49 U.S.C. 106(g)., 40103, 40113,

40120; EO 10854, 24 FR 9565, 3 CFR, 1959–

1963 Comp., p. 389.

§ 71.1 [Amended]

2. The incorporation by reference in

14 CFR 71.1 of Federal Aviation

Administration order 7400.9F dated

September 10, 2000, and effective

September 16, 2000, is proposed to be

amended as fllows:

Paragraph 6005 Class E airspace areas

extending upward from 700 feet or more

above the surface of the earth.

* * * * *

AEA VA E5, Charlottesville, VA

University of Virginia Medical Center

Heliport

(Lat. 3801.401N–long. 07830.604W)

That airspace extending upward from 700

feet above the surface within a 6 mile radius

of University of Virginia Medical Center

Heliport.

* * * * *

Issued in Jamaica, New York, on October

13, 2000.

F.D. Hatfield,

Manager, Air Traffic Division, Eastern Region.

[FR Doc. 00–29910 Filed 11–21–00; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

15 CFR Part 922

[Docket No. 001116322–0322–01]

RIN 0648–AO74

Amendment to Florida Keys National

Marine Sanctuary Regulations

Revising the Boundary of the

Northernmost Area To Be Avoided Off

the Coast of Florida

AGENCY: National Ocean Service (NOS),

National Oceanic and Atmospheric

Administration (NOAA), Commerce.

ACTION: Proposed rule; Request for

public comments; Notice of hearing.

SUMMARY: NOAA, in cooperation with

the U.S. Coast Guard (USCG), proposes

to revise the boundary of the

northernmost Area To Be Avoided

(ATBA) off the coast of the Florida Keys.

This change to the boundary is expected

to increase maritime safety and to avoid

harm to the marine environment and its

resources.

DATES: Comments must be received on

or before January 8, 2001. Public

hearings will be held on:

1. December 12, 2000, 3:30 p.m. to 5

p.m., Key Colony Beach, Florida.

2. December 13, 2000, 10 a.m. to 11:30

a.m., Miami, Florida Submit requests to

present oral testimony on or before

December 8, 2000.

ADDRESSES: Submit all written

comments, requests to present oral

testimony, and requests for the Draft

Environmental Assessment prepared for

this action to Billy Causey, Florida Keys

National Marine Sanctuary

Headquarters, P.O. Box 500368,

Marathon, Florida 33050.

The hearing locations are:

1. Key Colony Beach, Florida—Key

Colony Beach City Hall, 600 West Ocean

Drive, Key Colony Beach, Florida.

2. Miami, Florida—The Port of Miami

Conference Room on the 2nd floor, 1015

N. America Way Miami, FL 33132

FOR FURTHER INFORMATION CONTACT:

Billy Causey, Superintendent, Florida

Keys National Marine Sanctuary,

Florida Keys National Marine Sanctuary

Headquarters, P.O. Box 500368,

Marathon, Florida 33050, Tel: (305)

743–2357, Email: billy.causey@noaa.gov

SUPPLEMENTARY INFORMATION:

Background

In part, as a result of three large vessel

groundings within an 18-day period in

the fall of 1989 on the coral reef tract of

the Florida Keys, Congress passed the

Florida Keys National Marine Sanctuary

and Protection Act (FKNMSPA),

designating the area as the Florida Keys

National Marine Sanctuary (FKNMS).

The primary goal of this legislation is to

protect the health of the fragile

ecosystem of the Florida Keys. Among

other things, to accomplish this goal,

Congress established four ATBAs where

tank vessels and vessels larger than 50

meters are prohibited from entering.

Under the FKNMSPA, NOAA and the

USCG have the authority to amend the

ATBAs.

On April 21, 1998, pursuant to input

from the shipping industry, the FKNMS

Sanctuary Advisory Council (SAC)

recommended a revision to the

boundary of the northernmost ATBA to

eliminate a small portion of the

boundary near ‘‘the Elbow’’ which juts

Federal Register / Vol. 65, No. 226 / Wednesday, November 22, 2000 / Proposed Rules 70325

out further than other portions of the

ATBA. The proposed ATBA amendment

will permit ships in two opposing traffic

patterns located just outside the

boundary of the ATBA to increase the

distance between them, thus increasing

maritime safety in the area. The

proposed amendment will not result in

bringing ship traffic any closer to the

reef than the other parts of the ATBA

and, by reducing the potential for

collisions, the amendment is beneficial

for the protection of the marine

environment.

The north- and east-bound vessels

utilize the Gulf Stream in this area

while the south- and west-bound vessels

try to take advantage of countercurrents

from eddies off of the Gulf Stream. The

existing configuration of the ATBA near

the coral reef known as ‘‘the Elbow,’’

when examined in relation to the axis

of the Gulf Stream, results in a potential

convergence of northeasterly bound and

southwesterly bound traffic. The

potential risk of collision increases

when the Gulf Stream meanders closer

to ‘‘the Elbow.’’ The proposed revision

of the ATBA boundary will permit ships

in these two opposing traffic patterns to

increase the distance between them,

thus increasing maritime safety in the

area. A collision in this area could cause

oil and other material to seep into the

Florida Keys damaging marine

sanctuary resources, the marine

environment, and quite possibly, the

recreational, tourism and fishing

industries of the Florida Keys.

In March 2000, the USCG conducted

a survey of mariners, who frequently

travel through this area, to see whether

they believed ‘‘the Elbow’’ of the ATBA

to be a safety hazard for vessels

traveling in that area. Close to half of the

mariners surveyed felt that ‘‘the Elbow’’

created a ‘‘pinch point’’ for south- and

west-bound vessels that attempt to stay

out of both the ATBA and the lanes of

traffic for the north- and east-bound

vessels. The USCG subsequently

recommended the revision of the ATBA

boundary in order to increase maritime

safety in the area.

Based on these recommendations, and

its own draft environmental assessment

of the recommendations, NOAA

proposes to amend the boundary of the

northernmost ATBA. This action is not

expected to have a significant adverse

impact on the environment.

Miscellaneous Requirements

Executive Order 12866

This proposed rule has been

determined to be not significant for

purposes of Executive Order 12866.

Regulatory Flexibility Act

The Chief Counsel for Regulations of

the Department of Commerce has

certified to the Chief Counsel for

Advocacy of the Small Business

Administration that the proposed rule is

not expected to have a significant

economic impact on a substantial

number of small entities. The existing

ATBA and the proposed boundary

change do not apply to a substantial

number of small entities because the

ATBA only applies to tank vessels and

those vessels greater than 50 meters in

length. Most of the vessels subject to

this rule are foreign flagged vessels that

are owned or chartered by large

corporations. This measure is not

expected to have any impact on the

small business community.

Accordingly, an initial regulatory

flexibility analysis was not prepared.

National Environmental Policy Act

Requirements

NOAA has concluded that this

regulatory action does not constitute a

major federal action significantly

affecting the quality of the human

environment. Therefore, an

environmental impact statement is not

required. A draft environmental

assessment has been prepared. It is

available for comment (see ADDRESSES).

Plain Language Requirement

The President has directed all

agencies to use plain language in their

communications with the public,

including regulations. To comply with

this directive, we seek public comment

on any ambiguity or unnecessary

complexity arising from the language

used in this rule (see ADDRESSES).

List of Subjects in 15 CFR Part 922

Administrative practice and

procedure, Coastal zone, Marine

resources, Penalties, Recreation and

recreation areas, Reporting and

recordkeeping requirements, Research.

Capt. Ted I. Lillestolen,

Deputy Assistant Administrator for Ocean

Services and Coastal Zone Management.

Accordingly, for the reasons set forth

in the preamble, 15 CFR Part 922 is

proposed to be amended as follows:

PART 922—NATIONAL MARINE

SANCTUARY PROGRAM

REGULATIONS

1. The authority citation for part 922

continues to read as follows:

Authority: 16 U.S.C. 1431 et seq.

922 Appendix VII—[AMENDED]

Subpart P—Florida Keys National

Marine Sanctuary

2. Appendix VII to subpart P of part

922 is amended in the table by

redesignating the entries for points 23

through 51 as 24 through 52, and by

revising the entries under ‘‘In the

Vicinity of the Florida Keys’’ to read as

follows:

Appendix VII to Subpart P of Part

922—Areas To Be Avoided Boundary

Coordinates

IN THE VINCINITY OF THE FLORIDA

KEYS

[Reference Charts: United States 11466, 27th

Edition—September 1, 1990 and United

States 11450, 4th Edition—August 11,

1990]

Point Latitude Longitude

1 ...... 25°45.00′N ......... 80°06.10′W.

2 ...... 25°38.70′N ......... 80°02.70′W.

3 ...... 25°22.00′N ......... 80°03.00′W.

4 ...... 25°06.38′N ......... 80°10.48′W.

5 ...... 24°56.37′N ......... 80°19.26′W.

6 ...... 24°37.90′N ......... 80°47.30′W.

7 ...... 24°29.20′N ......... 81°17.30′W.

8 ...... 24°22.30′N ......... 81°43.17′W.

9 ...... 24°28.00′N ......... 81°43.17′W.

10 .... 24°28.70′N ......... 81°43.50′W.

11 .... 24°29.80′N ......... 81°43.17′W.

12 .... 24°33.10′N ......... 81°35.15′W.

13 .... 24°33.60′N ......... 81°26.00′W.

14 .... 24°38.20′N ......... 81°07.00′W.

15 .... 24°43.20′N ......... 80°53.20′W.

16 .... 24°46.10′N ......... 80°46.15′W.

17 .... 24°51.10′N ......... 80°37.10′W.

18 .... 24°57.50′N ......... 80°27.50′W.

19 .... 25°09.90′N ......... 80°16.20′W.

20 .... 25°24.00′N ......... 80°09.10′W.

21 .... 25°31.50′N ......... 80°07.00′W.

22 .... 25°39.70′N ......... 80°06.85′W.

23 .... 25°45.00′N ......... 80°06.10′W.

* * * * *

[FR Doc. 00–29824 Filed 11–21–00; 8:45 am]

BILLING CODE 3510–08–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Food and Drug Administration

21 CFR Parts 864, 866, 868, 870, 872,

874, 876, 878, 884, 886, and 888

[Docket No. 99N–0035]

Medical Devices; Reclassification of 38

Preamendments Class III Devices into

Class II

AGENCY: Food and Drug Administration,

HHS.

ACTION: Proposed rule; reopening of

comment period.