Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Proposed Rules 76195

rulemaking will be submitted to the

Chief Counsel for Advocacy of the Small

Business Administration for comment

on their impact.

Comments and Requests for a Public

Hearing

Before these proposed regulations are

adopted as final regulations,

consideration will be given to any

written (a signed original and 8 copies)

and electronic comments that are

submitted timely to the IRS. The IRS

and Treasury specifically request

comments on the clarity of the proposed

regulations and how they can be made

easier to understand. All comments will

be available for public inspection and

copying. A public hearing will be

scheduled if requested in writing by any

person that timely submits comments. If

a public hearing is scheduled, notice of

the date, time, and place for the public

hearing will be published in the Federal

Register.

Drafting Information

The principal author of the

regulations is Brinton T. Warren of the

Office of Associate Chief Counsel,

Procedure and Administration

(Administrative Provisions and Judicial

Practice Division). However, other

personnel from the IRS and Treasury

Department participated in their

development.

List of Subjects in 26 CFR Part 31

Employment taxes, Income taxes,

Penalties, Pensions, Railroad retirement,

Reporting and recordkeeping

requirements, Social security,

Unemployment compensation.

Proposed Amendments to the

Regulations

Accordingly, 26 CFR part 31 is

proposed to be amended as follows:

PART 31—EMPLOYMENT TAXES AND

COLLECTION OF INCOME TAX AT

SOURCE

Paragraph 1. The authority citation

for part 31 continues to read in part as

follows:

Authority: 26 U.S.C. 7805 * * *

Par. 2. In § 31.6302–1, paragraph (f)(4)

is revised to read as follows:

§ 31.6302–1 Federal tax deposit rules for

withheld income taxes and taxes under the

Federal Insurance Contributions Act (FICA)

attributable to payments made after

December 31, 1992.

* * * * *

(f) * * *

(4) [The text of proposed § 31.6302–

1(f)(4) is the same as the text of

§ 31.6302–1T(f)(4)].

* * * * *

Charles O. Rossotti,

Commissioner of Internal Revenue.

[FR Doc. 00–30792 Filed 12–5–00; 8:45 am]

BILLING CODE 4830–01–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Tampa 00–054]

RIN 2115–AA97

Safety Zone Regulations: Tampa Bay,

Florida

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard proposes to

amend the regulations for floating safety

zones around Liquefied Petroleum Gas

(LPG) vessels transiting the waters of

Tampa Bay. This action is necessary due

to the opening of a new LPG facility in

Port Sutton. This proposal will enhance

public and maritime safety by

minimizing meeting and overtaking

situations between other vessels and

LPG vessels.

DATES: Comments and related material

must reach the Coast Guard on or before

February 5, 2001.

ADDRESSES: You may mail comments

and related material to Marine Safety

Office Tampa (COTP Tampa 00–054),

155 Columbia Drive, Tampa Florida

33606. The Waterways Management

Branch of Marine Safety Office Tampa

maintains the public docket for this

rulemaking. Comments and material

received from the public, as well as

documents mentioned in this preamble

as being available in the docket, will

become part of this docket and will be

available for inspection or copying at

Marine Safety Office Tampa, 155

Columbia Drive, Tampa between 8 a.m.

and 3 p.m., Monday through Friday,

except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Commanding Officer, Marine Safety

Office Tampa, 155 Columbia Drive,

Tampa, Florida 33606, Attention:

Lieutenant Warren Weedon, or phone

(813) 228–2189 ext 101.

SUPPLEMENTARY INFORMATION:

Request for Comments

We encourage you to participate in

this rulemaking by submitting

comments and related material. If you

do so, please include your name and

address, identify the docket number for

this rulemaking (COTP Tampa 00–54),

indicate the specific section of this

document to which each comment

applies, and give the reason for each

comment. Please submit all comments

and related material in an unbound

format, no larger than 81⁄2 by 11 inches,

suitable for copying. If you would like

to know they reached us, please enclose

a stamped, self-addressed postcard or

envelope. We will consider all

comments and material received during

the comment period. We may change

this proposed rule in view of them.

Public Meeting

We do not now plan to hold a public

meeting. But you may submit a request

for a meeting by writing to Coast Guard

Marine Safety Office Tampa at the

address under ADDRESSES explaining

why one would be beneficial. If we

determine that one would aid this

rulemaking, we will hold one at a time

and place announced by a later notice

in the Federal Register.

Background and Purpose

Starting in June 2000, SEA–3, a new

LPG facility, started operations and

expects to receive approximately six (6)

LPG vessels per year. Prior to the

opening of the SEA–3 facility, all LPG

vessels calling on Tampa Bay received

a safety zone in accordance with 33 CFR

165.704. To enhance public and marine

safety and to minimize meeting and

overtaking situations, the Coast Guard is

looking to amend the safety zone transit

requirements for LPG vessels by adding

a new section that mirrors the

established safety zone requirements for

Anhydrous Ammonia (NH3) vessels that

call on Port Sutton. The current LPG

regulations which start at Tampa Bay

Cut ‘‘J’’ provide safety zone

requirements for LPG vessels calling at

the LPG facility located at Rattlesnake

and will remain as is, except for

standardizing the moving safety zone

size which will minimize confusion and

provided consistency throughout all of

the port’s safety zones. The revisions

include standardizing the safety zone

surrounding LPG vessels from 500 yards

to 1000 yards and replacing the safety

zone extending 50 feet waterside while

the vessel is moored, with a requirement

calling for passing vessels to provide a

30 minute notification allowing the LPG

vessel time to take appropriate safety

precautions.

In the late 1980’s and early 1990’s,

many safety changes were made to the

port, including the widening and

deepening of the shipping channels,

76196 Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Proposed Rules

installation of centerline range marks,

inbound and outbound, an increased

brightness in range lights, and a new

Vessel Traffic Advisory System (VTAS).

These changes have enhanced the level

of safety on the navigable waters of

Tampa Bay. Incorporating these

amendments will further enhance safety

on the waters of Tampa Bay.

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 the

order. It has been exempted from review

by the Office of Management and

Budget 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

regulation is needed to ensure public

safety in a limited area of Tampa Bay.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601–612 et seq.), we

considered whether this proposed rule

would have a significant economic

impact on a substantial number of small

entities. The term ‘‘small entities’’

comprises small businesses and not for

profit organizations that are

independently owned and operated and

are not dominant in their field 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 as

the regulations will only be in effect

approximately six (6) times per year in

a limited area of Tampa Bay. Meeting or

overtaking of the vessel is permitted

between Gadsden Cut buoys #3 and #7;

therefore, the impact on other waterway

users is expected to be minimum.

If you think that your business,

organization, or governmental

jurisdiction qualifies as a small entity

and that this rule would have a

significant economic impact on it,

please submit a comment (see

ADDRESSES) explaining why you think it

qualifies and how and to what degree

this rule would economically affect it.

Assistance for Small Entities

Under section 213(a) of the Small

Business Regulatory Enforcement

Fairness Act of 1996 (Pub. L. 104–221),

we want to assist small entities in

understanding the rule so that they

could better evaluate its effects on them

and participate in the rulemaking. If the

rule would affect your small business,

organization, or governmental

jurisdiction and you have questions

concerning its provisions or options for

compliance, please contact the person

listed under FOR FURTHER INFORMATION

CONTACT.

Collection of Information

This rule contains no collection of

information requirements under the

Paperwork Reduction Act (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. This proposed rule

would not impose an unfunded

mandate.

Taking of Private Property

This proposed rule would 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 safety

that may disproportionately affect

children.

Environment

The Coast Guard has considered the

environmental impact of this proposed

rule and concludes that, under figure 2–

1, paragraph 34(g) of Commandant

Instruction M16475.1C, that 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, Safety measures,

Waterways.

In consideration of the foregoing, 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;

49 CFR 1.46 and 33 CFR 1.05–1(g), 6.04–1,

6.04–6, and 160.5.

2. Revise § 165.704 to read as follows:

§ 165.704 Safety Zone; Tampa Bay,

Florida.

(a) A floating safety zone is

established consisting of an area 1000

yards fore and aft of a loaded Liquefied

Petroleum Gas (LPG) vessel and the

width of the channel in the following

areas. Any vessels desiring to enter the

safety zone must obtain authorization

from the Captain of the Port Tampa.

(1) For vessels loaded with LPG and

bound for the LPG receiving terminal in

Port Sutton the safety zone starts at

Tampa Bay Cut ‘‘F’’ Channel from

Lighted Buoys ‘‘3F’’ and ‘‘4F’’ and

proceeds north ending at Gadsden Point

Cut Lighted Buoys ‘‘3’’ and ‘‘4’’. The

safety zone starts again at Gadsden Point

Cut Lighted Buoys ‘‘7’’ and ‘‘8’’ and

proceeds north through Hillsborough

Cut ‘‘C’’, Port Sutton Entrance Channel,

and ends at the Port Sutton LPG facility.

(2) For vessels loaded with LPG and

bound for the LPG receiving terminal in

Rattlesnake the safety zone starts at

Tampa Bay Cut ‘‘J’’ Channel from

lighted buoy ‘‘10J’’ and proceeds north

through Tampa Bay Cut ‘‘K’’ Channel to

buoy ‘‘11K.’’ When a loaded LPG vessel

departs the marked channel at Tampa

Bay Cut ‘‘K’’ buoy ‘‘11K’’ enroute to

Rattlesnake, Tampa, FL, the floating

safety zone extends 500 yards in all

directions surrounding the loaded LPG

vessel, until it arrives at the entrance to

Rattlesnake. While the loaded LPG

vessel is maneuvering in the Rattlesnake

slip and until it is safely moored at the

LPG facility, the floating safety zone

extends 150 feet fore and aft of the

loaded LPG vessel and the width of the

slip. Moored vessels are allowed within

the parameters of the 150-foot safety

zone.

(b) The floating safety zone is

disestablished when the LPG carrier is

safely moored at the LPG receiving

facility.

(c) For outbound tank vessels loaded

with LPG, the safety zone is established

when the vessel departs the terminal

Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Proposed Rules 76197

and continues through the area

described in paragraph (a) of this

section.

(d) All vessels over 5000 gross tons

intending to pass LPG vessels moored in

Port Sutton, and all vessels intending to

pass LPG vessels moored in Rattlesnake,

must give 30 minutes notice to the LPG

vessel so it may take appropriate safety

precautions.

(e) The general regulations governing

safety zones contained in § 165.23

apply.

(f) The Coast Guard Captain of the

Port Tampa will notify the maritime

community of periods during which

these safety zones will be in effect by

providing advance notice of scheduled

arrivals and departures of loaded LPG

vessels via a marine broadcast Notice to

Mariners.

(g) Should the actual time of entry of

the LPG vessel into the safety zone vary

more than one half (1⁄2) hour from the

scheduled time stated in the broadcast

Notice to Mariners, the person directing

the movement of the LPG vessel shall

obtain permission from Captain of the

Port Tampa before commencing the

transit.

(h) Prior to commencing the

movement, the person directing the

movement of the LPG vessel shall make

a security broadcast to advise mariners

of the intended transit. All additional

security broadcasts as recommended by

the U.S. Coast Pilot 5, ATLANTIC

COAST, shall be made throughout the

transit.

(i) Vessels carrying LPG are permitted

to enter and transit Tampa Bay and

Hillsborough Bay and approaches only

with a minimum of three miles

visibility.

(j) The Captain of the Port Tampa may

waive any of the requirements of this

subpart for any vessel upon finding that

the vessel or class of vessel, operational

conditions, or other circumstances are

such that application of this subpart is

unnecessary or impractical for purposes

of port safety or environmental safety.

(k) The owner, master, agent or person

in charge of a vessel or barge, loaded

with LPG shall report, at a minimum,

the following information to the Captain

of the Port Tampa at least twenty-four

(24) hours before entering Tampa Bay,

its approaches, or departing Tampa Bay:

(1) The name and country of registry

of the vessel or barge;

(2) The name of the port or place of

departure;

(3) The name of the port or place of

destination;

(4) The estimated time that the vessel

is expected to begin its transit of Tampa

Bay and the time it is expected to

commence its transit of the safety

zone(s); and

(5) The cargo carried and amount.

Dated: September 28, 2000.

A.L. Thompson, Jr.,

Captain, Coast Guard, Captain of the Port,

Tampa, Florida.

[FR Doc. 00–31046 Filed 12–5–00; 8:45 am]

BILLING CODE 4910–15–U

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[Region II Docket No. NY44–215, FRL–6911–

9]

Approval and Promulgation of

Implementation Plans; New York;

Nitrogen Oxides Budget and

Allowance Trading Program

AGENCY: Environmental Protection

Agency.

ACTION: Proposed rule.

SUMMARY: The Environmental Protection

Agency (EPA) is proposing to approve a

State Implementation Plan (SIP)

revision submitted by the State of New

York. This SIP revision responds to the

EPA’s regulation entitled, ‘‘Finding of

Significant Contribution and

Rulemaking for Certain States in the

Ozone Transport Assessment Group

Region for Purposes of Reducing

Regional Transport of Ozone,’’

otherwise known as the ‘‘NOX SIP Call.’’

The SIP revision includes a narrative

and a regulation that establish a

statewide nitrogen oxides (NOX) budget

and a NOX allowance trading program

that begins in 2003 for large electricity

generating and industrial sources.

The intended effect of this SIP

revision is to reduce emissions of NOX

in order to help attain the national

ambient air quality standard for ozone.

EPA is proposing this action pursuant to

section 110 of the Clean Air Act.

DATES: EPA must receive written

comments on or before January 5, 2001.

ADDRESSES: All comments should be

addressed to: Raymond Werner, Chief,

Air Programs Branch, Environmental

Protection Agency, Region II Office, 290

Broadway, 25th Floor, New York, New

York 10007–1866.

Copies of the State submittal and

other information are available at the

following addresses for inspection

during normal business hours:

Environmental Protection Agency,

Region II Office, Air Programs Branch,

290 Broadway, 25th Floor, New York,

New York 10007–1866.

New York State Department of

Environmental Conservation, Division

of Air Resources, 50 Wolf Road,

Albany, New York 12233.

FOR FURTHER INFORMATION CONTACT: Ted

Gardella at (212) 637–3892 for general

questions, Rick Ruvo at (212) 637–4014

for specific questions on the Trading

Program, or Raymond Forde at (212)

637–3716 for specific questions on the

Budget Demonstration; Air Programs

Branch, Environmental Protection

Agency, 290 Broadway, 25th Floor, New

York, New York 10007–1866.

SUPPLEMENTARY INFORMATION:

Overview

The Environmental Protection Agency

(EPA) is proposing to approve the New

York State Department of

Environmental Conservation’s (New

York’s) NOX SIP Call State

Implementation Plan (SIP) revision. The

following table of contents describes the

format for this SUPPLEMENTARY

INFORMATION section:

I. EPA’s Action

A. What action is EPA proposing today?

B. Why is EPA proposing this action?

C. What are the NOX SIP Call general

requirements?

D. What is the NOX Budget and Allowance

Trading Program?

E. What guidance did EPA use to evaluate

New York’s program?

F. What is the result of EPA’s evaluation

of New York’s program?

II. New York’s NOX Budget Program

A. What is New York’s NOX Budget

Demonstration?

B. What is New York’s NOX Budget

Trading Program?

C. What is the Compliance Supplement

Pool?

D. How does New York’s program protect

the environment?

E. How will New York and EPA enforce the

program?

F. When did New York propose and adopt

the program?

G. When did New York submit the SIP

revision to EPA and what did it include?

H. What other significant items relate to

New York’s program?

I. Impact of D.C. Circuit Court remand on

New York’s NOX SIP Call submittal.

J. What is the relationship of today’s

proposal to EPA’s findings under the

section 126 rule?

III. Proposed Action

IV. Administrative Requirements

I. EPA’s Action

A. What action is EPA proposing today?