10496 Federal Register / Vol. 62, No. 45 / Friday, March 7, 1997 / Proposed Rules

Amendment of the records would

interfere with ongoing investigations

and law enforcement activities and

impose an impossible administrative

burden by requiring investigations to be

continuously reinvestigated.

(4) From subsection (e)(1) because in

the course of criminal or civil

investigations, the Immigration and

Naturalization Service often obtains

information concerning the violation of

laws other than those relating to

violations over which INS has

investigative jurisdiction. In the

interests of effective law enforcement, it

is necessary that INS retain this

information since it can aid in

establishing patterns of criminal activity

and provide valuable leads for those law

enforcement agencies that are charged

with enforcing other segments of the

criminal law.

(5) From subsection (e)(2) because in

a criminal investigation, the

requirement that information be

collected to the greatest extent possible

from the subject individual would

present a serious impediment to law

enforcement in that the subject of the

investigation would be placed on notice

of the existence of the investigation and

would therefore be able to avoid

detection or apprehension.

(6) From subsection (e)(3) because the

requirement that individuals supplying

information be provided with a form

stating the requirements of subsection

(e)(3) would constitute a serious

impediment to criminal law

enforcement in that it could

compromise the existence of a

confidential investigation, reveal the

identify of confidential sources of

information and endanger the life or

physical safety of confidential

informants.

(7) From subsection (e)(5) because in

the collection of information for

criminal law enforcement purposes it is

impossible to determine in advance

what information is accurate, relevant,

timely, and complete. With the passage

of time, seemingly irrelevant or

untimely information may acquire new

significance as further investigation

brings new details to light and the

accuracy of such information can only

be determined in a court of law. The

restrictions of subsection (e)(5) would

restrict the ability of trained

investigators and intelligence analysts to

exercise their judgment in reporting on

investigations and impede the

development of criminal intelligence

necessary for effective law enforcement.

(8) From subsection (e)(8) because the

individual notice requirements of

subsection (e)(8) could present a serious

impediment to criminal law

enforcement as this could interfere with

the Immigration and Naturalization

Service’s ability to issue administrative

subpoenas and could reveal

investigative techniques and

procedures.

(9) From subsection (g) for those

portions of this system of records that

were compiled for criminal law

enforcement purposes and which are

subject to exemption from the access

provisions of subsection (d) pursuant to

subsection (j)(2).

[FR Doc. 97–5663 Filed 3–6–97; 8:45 am]

BILLING CODE 4410–10–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP MIAMI 96–954]

RIN 2115–AA97

Safety Zone; Port Everglades; Fort

Lauderdale, FL

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard is proposing

to establish moving safety zones around

naval aircraft carriers transiting the

waters of Port Everglades, Fort

Lauderdale, Florida. These proposed

regulations are needed to protect all

vessels and the public from the safety

hazards associated with the arrival and

departure of naval aircraft carriers

making port calls. During arrival and

departure, these types of vessels require

the use of the center channel in Port

Everglades for safe navigation and leave

no room for other vessels to safely pass.

Therefore, these proposed regulations

are necessary for the safety of life on the

navigable waters.

DATES: Comments must be received on

or before May 6, 1997.

ADDRESSES: Comments may be mailed to

Commanding Officer, U.S. Coast Guard,

Marine Safety Office, Claude Pepper

Federal Building., 51 SW 1st Ave., 5th

Floor, Miami, FL 33130–1608, or may be

hand delivered to Room 501 at the same

address, between 8 A.M. and 4 P.M.,

Monday through Friday, except federal

holidays. Comments will become part of

this docket and will be available for

inspection or copying at the above

address.

FOR FURTHER INFORMATION CONTACT: CDR

R.M. Miles, Chief, Port Management and

Response Department, USCG Marine

Safety Office Miami at (305) 535–8743.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages

interested persons to participate in this

rulemaking by submitting written views,

data, or arguments. Persons submitting

comments should include their names

and addresses, identify this notice

[COTP MIAMI 96–054], the specific

section of this proposal to which their

comments apply and give reasons for

each comment. The Coast Guard

requests that all comments and

attachments be submitted in an 81⁄2′′ ×

11′′ unbound format suitable for

copying and electronic filing. If that is

not practical, a second copy of any

bound material is requested. Persons

requesting acknowledgment of receipt of

comments should enclose a stamped,

self-addressed postcard or envelop. The

Coast Guard will consider all comments

received during the comment period.

The regulations may be changed in view

of the comments received. All

comments received before the

expiration of the comment period will

be considered before final action is

taken on this proposal.

No public hearing is planned, but one

may be held if written requests for a

hearing are received and it is

determined that the opportunity to

make oral presentations will add to the

rulemaking process.

Discussion of Proposed Regulations

These proposed regulations are

needed to provide for the safety of life

on the navigable waters during the

arrival and departure of naval aircraft

carriers in Port Everglades, Fort

Laurderdale, Florida. These moving

safety zones are necessary, because of

the significant risks associated with

naval aircraft carriers transiting the area

due to their size, draft, and channel

restrictions. Historically, the Coast

Guard has established a moving safety

zone each time these class of naval

vessels has transited the waters of Port

Everglades both to and from a port call.

Given the recurring nature of these port

calls and the safety dangers associated

with naval aircraft carriers, the Coast

Guard proposes to establish a moving

safety zone around these vessels during

their arrival and departure from Port

Everglades, Fort Lauderdale, Florida.

The proposed moving safety zone

would be established in an area 700

yards forward, 500 yards astern and 350

yards on either side of naval aircraft

carriers entering or departing Port

Everglades. The proposed safety zone

regulations would only be established

for a period of one and a half hours

during the arrival and departure of these
Federal Register / Vol. 62, No. 45 / Friday, March 7, 1997 / Proposed Rules 10497

vessels. The Coast Guard would assign

a patrol and issue a Broadcast Notice to

Mariners to advise mariners of

established safety zone in advance of

the naval aircraft carrier’s arrival and

departure. This proposed safety zone

would be effective only during the time

indicated in the Broadcast Notice to

Mariners.

Regulatory Evaluation

This proposal 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. 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

conclusion is based on the limited

duration of the moving safety zone, the

extensive advisories that would be made

to the affected maritime community and

the minimal restrictions the safety zone

regulations would place on vessel

traffic. These regulations would be

effective for a total of approximately 11⁄2

hours for each inbound or outbound

transit by a total of naval aircraft carrier.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.), the Coast Guard

must consider whether this proposal

will have a significant economic impact

on a substantial number of small

entities. ‘‘Small entities’’ include

independently owned and operated

small businesses that are not dominant

in their field and that otherwise qualify

as ‘‘small business concerns’’ under

Section 3 of the Small Business Act (15

U.S.C. 632).

The Coast Guard certifies under 5

U.S.C. 605 (b) that this proposal, if

adopted, would not have a significant

economic impact on a substantial

number of small entities. These

proposed regulations would have a

limited effect on small entities, because

of the limited duration of the proposed

regulations, the extensive advisories

that would be made to the affected

maritime community and the minimal

restrictions the safety zone regulations

would place on vessel traffic.

Collection of Information

These proposed regulations contain

no collection-of-information

requirements under the Paperwork

Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

This proposal has been analyzed in

accordance with the principles and

criteria contained in Executive Order

12612 and it has been determined that

the proposed rulemaking does not have

sufficient Federalism implication to

warrant the preparation of a Federalism

Assessment.

Environmental Assessment

The Coast Guard has considered the

environmental impact of this proposal

and has concluded that under paragraph

2.B.2.e(34)(b) of Commandant

Instruction M16475.1B (as revised by 59

FR 38654, July 29 1994), this proposal

is categorically excluded from further

environmental documentation. Pursuant

to 2.B.2.e(34)(g) of Commandant

Instruction M16475.1B, a Categorical

Exclusion Determination and

Environmental Analysis Checklist has

been created. Both the Categorical

Exclusion Determination and

Environmental Analysis Checklist are

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.

Proposed Regulations

For the reasons stated in the

Preamble, the Coast Guard proposes to

amend 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.

2. A new section § 165.711 is added

to read as follows:

§ 165.711 Safety Zone; Port Everglades,

Fort Lauderdale, Fl.

(a) Regulated Area. A moving safety

zone is established in the following

area:

(1) Around naval aircraft carriers

entering Port Everglades in an area 700

yards forward, 500 yards astern and 350

yards on either side of the vessel

beginning at the Port Everglades Sea

Buoy, in approximate position

26°¥05.5′N, 80°¥04.8′W, and

continuing until the vessel is safely

moored, in approximate position

26°¥04.9′N, 80°¥06.9′W. All

coordinates referenced use datum: NAD

83.

(2) Around naval aircraft carriers

departing Port Everglades in an area 700

yards forward, 500 yards astern and 350

yards on either side beginning at the

pier, in approximate position

26°¥04.9′N, 80°¥06.9′W, and

continuing until the stern passes the

Port Everglades Sea Buoy, in

approximate position 26°¥05.5′N,

80°¥04.8′W. All coordinates referenced

use datum: NAD 83.

(b) Regulations. (1) No person or

vessel may enter, transit, or remain in

the safety zone unless authorized by the

Captain of the Port, Miami, Florida, or

a Coast Guard commissioned, warrant,

or petty officer designated by him.

(2) Vessels encountering emergencies

which require transit through the

moving safety zone should contact the

Coast Guard patrol craft on VHF

Channel 16. In the event of an

emergency, the Coast Guard patrol craft

may authorize a vessel to transit through

the safety zone with a Coast Guard

designated escort.

(3) All persons and vessels shall

comply with the instructions of onscene patrol personnel. On-scene patrol

personnel include Coast Guard

commissioned, warrant, or petty

officers. Coast Guard Auxiliary and

local or state officials may be present to

inform vessel operators of this

regulation and other applicable laws.

Dated: December 6, 1996.

D.F. Miller,

Captain, U.S. Coast Guard, Captain of the

Port , Miami, FL.

[FR Doc. 97–5718 Filed 3–6–97; 8:45 am]

BILLING CODE 4910–14–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[PA 098–4032; FRL–5700–1]

Approval and Promulgation of Air

Quality Implementation Plans;

Pennsylvania; 15 Percent Rate-ofProgress Plan and 1990 VOC Emission

Inventory for the Pittsburgh Ozone

Nonattainment Area

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of proposed rulemaking,

correction.

SUMMARY: This action corrects and

clarifies the proposed action which was

published on Wednesday, January 22,

1997 (62 FR 3254–3260). This action

pertains to the State Implementation