Federal Register / Vol. 63, No. 130 /Wednesday, July 8, 1998 /Rules and Regulations 36851

Boat Races and vessels authorized by

the Coast Guard Patrol Commander, no

person or vessel may enter or remain in

the regulated area without the

permission of the Patrol Commander.

The Patrol Commander will allow vessel

traffic to transit the event area between

races. These regulations are necessary to

control other vessels transiting the event

area and provide for the safety of life

and property on navigable waters during

the event.

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. It has been exempted from review

by the Office of Management and

Budget under the 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 procedures of DOT

is unnecessary. Entry into the regulated

area will only be prohibited while the

Dragon Boats are actually competing.

Since vessels will be allowed to transit

the event area between heats, the

impacts on routine navigation are

expected to be minimal.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601–612), the Coast Guard

must consider whether this rule 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).

Because it expects the impact of this

rule to be minimal, the Coast Guard

certifies under Section 605(b) of the

Regulatory Flexibility Act (5 U.S.C.

601–612) that this temporary final rule

will not have a significant economic

impact on a substantial number of small

entities.

Collection of Information

These regulations contain no

collection of information requirements

under the Paperwork Reduction Act of

1995 (44 U.S.C. 3501–3520).

Federalism

The Coast Guard has analyzed this

rule under the principles and criteria

contained in Executive Order 12612 and

has determined that this rule does not

have sufficient federalism implications

to warrant the preparation of a

Federalism Assessment.

Environment

The Coast Guard considered the

environmental impact of this rule and

concluded that, under figure 2–1,

paragraph (34)(h) of COMDTINST

M16475.1C, this rule is categorically

excluded from further environmental

documentation. Special local

regulations issued in conjunction with a

regatta or marine parade are excluded

under that authority.

List of Subjects in 33 CFR Part 100

Marine safety, Navigation (water),

Reporting and recordkeeping

requirements, Waterways.

Temporary Regulations

In consideration of the foregoing, Part

100 of Title 33, Code of Federal

Regulations is amended as follows:

PART 100—[AMENDED]

1. The authority citation for Part 100

continues to read as follows:

Authority: 33 U.S.C. 1233; 49 CFR 1.46 and

33 CFR 100.35.

2. A temporary Section 100.35–T05–

047 is added to read as follows:

§ 100.35–T05–047 Inner Harbor, Baltimore,

Maryland.

(a) Definitions:

(1) Regulated area: The waters of the

Inner Harbor from shoreline to

shoreline, bounded on the east by a line

drawn along longitude 76°36′30′′ West.

All coordinates reference Datum: NAD

1983.

(2) Coast Guard Patrol Commander.

The Coast Guard Patrol Commander is

a commissioned, warrant, or petty

officer of the Coast Guard who has been

designated by the Commander, Coast

Guard Activities Baltimore.

(b) Special Local Regulations:

(1) Except for participants in the

Dragon Boat Races and vessels

authorized by the Coast Guard Patrol

Commander, no person or vessel may

enter or remain in the regulated area

without the permission of the Patrol

Commander.

(2) The operator of any vessel in the

regulated area shall:

(i) Stop the vessel immediately when

directed to do so by any commissioned,

warrant, or petty officer on board a

vessel displaying a Coast Guard ensign.

(ii) Proceed as directed by any

commissioned, warrant, or petty officer

on board a vessel displaying a Coast

Guard ensign.

(3) The Patrol Commander will allow

vessel traffic to transit the event area

between races.

(c) Effective dates: This section is

effective from 7 a.m. to 6 p.m. on

September 19, 1998.

Dated: June 23, 1998.

P.M. Stillman,

Captain, U.S. Coast Guard Acting

Commander, Fifth Coast Guard District.

[FR Doc. 98–18115 Filed 7–7–98; 8:45 am]

BILLING CODE 4910–15–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP New Orleans, LA 98–009]

RIN 2115–AA97

Safety Zone Regulations; Baptiste

Collette Bayou Channel, Mile 11.5, Left

Descending Bank, Lower Mississippi

River, Above Head of Passes

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone

within the Baptiste Collette Bayou

Channel, Mile 11.5, Left Descending

Bank, Lower Mississippi River, Above

Head of Passes, extending the entire

width of the channel. The safety zone

has been established to protect vessels

transiting the area from hazardous

conditions associated with severe

shoaling and the concurrent U.S. Army

Corps of Engineers dredging operations.

EFFECTIVE DATES: This regulation

becomes effective on May 9, 1998,

commencing at 5:00 p.m. local time. It

will be terminated when the U.S. Corps

of Engineers dredging operations are

complete on August 2, 1998.

FOR FURTHER INFORMATION CONTACT:

LT Zachary Pickett (504) 589–4222. U.S.

Coast Guard Marine Safety Office, 1615

Poydras St., New Orleans, LA 70112–

1254.

SUPPLEMENTARY INFORMATION: In

accordance with 5 U.S.C. 553, a notice

of proposed rulemaking will not be

published for this regulation and good

cause exists for making it effective in

less than 30 days after Federal Register

publication. Publishing a NPRM and

delaying its effective date would be

contrary to the public interest since

immediate action is needed to respond

to the potential hazards to local marine

traffic involved.

Drafting Information: The drafter of

this regulation is LT Zachary Pickett,

Project Manager for the Captain of the
36852 Federal Register / Vol. 63, No. 130 /Wednesday, July 8, 1998 /Rules and Regulations

Port, and LT(jg) M.A. Woodruff, Project

Counsel, Eighth Coast Guard District

Legal Office.

Background and Purpose

The hazardous condition requiring

this regulation is a result of severe

shoaling within the Baptiste Collette

Bayou Channel. The U.S. Army Corps of

Engineers is currently dredging this

channel thereby restricting navigation.

A safety zone is needed to protect

vessels transiting the area. This

regulation is issued pursuant to 33

U.S.C. 1225 and 1231 as set out in the

authority citation for all of Part 165.

Regulatory Evaluation

This temporary rule is not a

significant regulatory evaluation under

Section 3(f) of Executive Order 12866

and is not significant under the

‘‘Department of Transportation

Regulatory Policies and Procedures’’ (44

FR 11040; February 26, 1979). The Coast

Guard expects the economic impact of

this rule to be so minimal that a full

regulatory evaluation is unnecessary.

This regulation will only be in effect for

a short period of time, and the impacts

on routine navigation are expected to be

minimal.

Small Entities

Under the Regulatory Flexibility Act

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

must consider whether this regulation

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). Since the impact of this

regulation on non-participating small

entities is expected to be minimal, the

Coast Guard certifies under 5 U.S.C.

605(b) that this regulation will not have

a significant economic impact on a

substantial number of small entities.

This regulation will only be in effect for

several hours and the impacts on small

entities are expected to be minimal.

Collection of Information

This rule contains no collection of

information requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

Federalism

The Coast Guard has analyzed this

rule under the principles and criteria

contained in Executive Order 12612 and

has determined that it does not have

sufficient federalism implications to

warrant the preparation of a Federalism

Assessment.

Environment

The Coast Guard considered the

environmental impact of this proposal

and concluded that under figure 2–1,

paragraph (34)(g) of Commandant

Instruction M16475.1C, this proposal is

categorically excluded from further

environmental documentation.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and record keeping

requirements, Safety measures, Vessels,

Waterways.

Regulation: In consideration of the

foregoing, Subpart F of Part 165 of

Chapter 33, Code of Federal

Regulations, is amended as follows:

PART 165—[AMENDED]

1. The authority citation for part 165

continues to read as follows:

Authority: 33 U.S.C. 1225 and 1231; 50

U.S.C. 191; and 33 CFR 1.05–1(g), 6.04–1,

6.04–6, and 160.5; 49 CFR 1.46.

2. A new § 165.T08–024 is added to

read as follows:

§ 165.T08–024 Safety Zone:

(a) Location. The following area is a

safety zone: Baptiste Collette Bayou

Channel, Lower Mississippi River, Mile

11.5, Left Descending Bank, Above Head

of Passes in the vicinity of Venice,

Louisiana extending the entire width of

the channel.

(b) Effective date. This section

becomes effective on May 9, 1998,

commencing at 5:00 p.m. local time. It

will be terminated when the U.S. Army

Corps of Engineers completes dredging

operations on August 2, 1998.

(c) Regulations. (1) In accordance with

the general regulations in § 165.23 of

this part, no vessel may operate within

the safety zone contrary to this

regulation.

(2) The Baptiste Collette Channel is

restricted to vessels with drafts of five

feet or less. All vessels shall comply

with this draft restriction unless

otherwise directed in Marine

Information Broadcasts.

(3) A one way traffic pattern is in

effect and being regulated by the U.S.

Army Corps of Engineers M/V BRETON

or as directed in Marine Information

Broadcasts.

(4) All vessels shall observe a no

meeting or passing zone while transiting

Baptiste Collette or as directed in

Marine Information Broadcasts.

(5) The west side (red) of the channel

is closed from marker #6 to the sea

buoy/entrance buoy. Passing will only

be allowed on the east side (green) of

the channel and only at the top of each

hour or as directed by the U.S. Army

Corps of Engineers M/V BRETON.

Dated: May 8, 1998.

G.D. Marsh,

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

Port.

[FR Doc. 98–18117 Filed 7–7–98; 8:45 am]

BILLING CODE 4910–15–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[MO 049–1049a; FRL–6118–3]

Approval and Promulgation of

Implementation Plans; State of

Missouri

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: This final action approves

revised Missouri rule 10 CSR 10–6.030

as a revision to the Missouri State

Implementation Plan (SIP). This rule

revision was submitted by the state of

Missouri to incorporate the most current

EPA guidance on capture efficiency

methods for volatile organic compound

emission control systems.

DATES: This direct final rule is effective

on September 8, 1998 without further

notice, unless the EPA receives adverse

comment by August 7, 1998. If adverse

comment is received, the EPA will

publish a timely withdrawal of the

direct final rule in the Federal Register

and inform the public that the rule will

not take effect.

ADDRESSES: Comments may be mailed to

Kim Johnson, Environmental Protection

Agency, Air Planning and Development

Branch, 726 Minnesota Avenue, Kansas

City, Kansas 66101. Copies of the

documents relevant to this action are

available for public inspection during

normal business hours at the:

Environmental Protection Agency, Air

Planning and Development Branch, 726

Minnesota Avenue, Kansas City, Kansas

66101; and the EPA Air & Radiation

Docket and Information Center, 401 M

Street, SW, Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Kim

Johnson at (913) 551–7975.

SUPPLEMENTARY INFORMATION: This

revision to Missouri rule 10 CSR 10–

6.030 incorporates capture efficiency

methods as identified in the EPA’s

February 7, 1995, memorandum

entitled, ‘‘Revised Capture Efficiency

Guidance for Control of Volatile Organic