37492 Federal Register / Vol. 63, No. 133 / Monday, July 13, 1998 /Rules and Regulations

that the regulation places on vessel

traffic.

Small Entities

Under the Regulatory Flexibility Act

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

considered whether this rule would

have a significant economic impact on

a substantial number of small entities.

‘‘Small entities’’ may include (1) small

businesses and not-for-profit

organizations that are independently

owned and operated and are not

dominant in their fields and (2)

governmental jurisdictions with

populations of less than 50,000.

For the reasons discussed in the

Regulatory Evaluation, 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.

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 this rule does

not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

Environment

The Coast Guard has considered the

environmental impact of this final rule

and concluded that under Figure 2–1,

paragraph 34(h), of Commandant

Instruction M16475.1C, this rule is

categorically excluded from further

environmental documentation.

List of Subjects in 33 CFR Part 100

Marine safety, Navigation (water),

Reporting and recordkeeping

requirements, Waterways.

Final Regulation

For the reasons set out in the

preamble, the Coast Guard is amending

33 CFR Part 100 as follows:

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 new section, 100.109, is added to

read as follows:

§ 100.109 Winter Harbor Lobster Boat

Race, Winter Harbor, ME.

(a) Regulated area. The regulated area

includes all waters of Winter Harbor,

ME, within the following points (NAD

83):

Latitude Longtitude

44 23′07′′ N 068 04′52′′ W

44 22′12′′ N 068 04′52′′ W

44 22′12′′ N 068 05′08′′ W

44 23′07′′ N 068 05′08′′ W

(b) Special local regulations. (1) The

Coast Guard patrol commander may

delay, modify, or cancel the race as

conditions or circumstances require.

(2) No person or vessel may enter,

transit, or remain in the regulated area

unless participating in the event or

unless authorized by the Coast Guard

patrol commander.

(3) Vessels encountering emergencies

which require transit through the

regulated area should contact the Coast

Guard patrol commander on VHF

Channel 16. In the event of an

emergency, the Coast Guard patrol

commander may authorize a vessel to

transit through the regulated area with

a Coast Guard designated escort.

(4) All persons and vessels shall

comply with the instructions of the

Coast Guard on-scene patrol

commander. On-scene patrol personnel

may include commissioned, warrant,

and petty officers of the Coast Guard.

Upon hearing five or more short blasts

from a Coast Guard vessel, the operator

of a vessel shall proceed as directed.

Members of the Coast Guard Auxiliary

may also be present to inform vessel

operators of this regulation and other

applicable laws.

(c) Effective Period. This section is

effective from 8 a.m. to 2 p.m., annually

on the second Saturday in August,

unless specified in a Coast Guard Notice

to Mariners. In case of inclement

weather, this section will be in effect the

second Sunday in August at the same

time, unless otherwise specified in a

Coast Guard Notice to Mariners.

Dated: June 29, 1998.

R.M. Larrabee,

Rear Admiral, U.S. Coast Guard, Commander,

First Coast Guard District.

[FR Doc. 98–18556 Filed 7–10–98; 8:45 am]

BILLING CODE 4910–15–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD08–98–038]

RIN 2115–AE84

Regulated Navigation Area; Ohio River,

Mile 461.0–462.0, Cincinnati, OH

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a regulated navigation area

on the Ohio River from mile 461.0 to

mile 462.0. These regulations are

needed to protect and control recreation

and commercial vessel traffic during

two concerts by musician Jimmy Buffet

at the Riverbend Music Center,

Cincinnati, Ohio. These regulations will

restrict general navigation in the

regulated area for the safety of

recreational and commercial vessels.

DATES: These regulations are effective

from 8 p.m. until 11:30 p.m. on July 24

and 25, 1998.

ADDRESSES: Unless otherwise indicated,

all documents referred to in these

regulations are available for review at

Marine Safety Office, Louisville, 600

Martin Luther King Jr. Place, Rm 360,

Louisville, KY 40202–2230.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Jeff Johnson, Chief, Port

Management Department, USCG Marine

Safety Office, Louisville, Kentucky at

(502) 582–5194, ext. 39.

SUPPLEMENTARY INFORMATION:

Drafting Information: The drafters of

this regulation are Lieutenant Jeff

Johnson, Port Management Officer for

the Captain of the Port of Louisville,

Kentucky, and Lieutenant Junior Grade

Michael A. Woodruff, Project Attorney,

Eighth Coast Guard District, New

Orleans, LA.

Regulatory History

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

notice of proposed rulemaking for these

regulations has not been published, and

good cause exists for making them

effective in less than 30 days from the

date of publication. Following normal

rule making procedures would be

impracticable. The details of the event

were not finalized in sufficient time to

publish proposed rules in advance of

the event or to provide for a delayed

effective date.

Background and Purpose

For the past few years performance

artist Jimmy Buffet has performed

annual concerts at the Riverbend Music

Center and over that period of time the

concerts have increased in popularity.

In the last few years, this particular

concert series has attracted an

increasingly large number of spectator

craft, posing a significant hazard to

navigation. This increased number of

vessels has contributed to an unusually

high number of close calls between

spectator craft and commercial traffic.

The purpose of this regulation is to

establish navigation and operating

restrictions which will serve to separate

recreational vessels from commercial

vessel traffic, and if needed, to escort
Federal Register / Vol. 63, No. 133 / Monday, July 13, 1998 /Rules and Regulations 37493

commercial traffic through the regulated

navigation zone.

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 sections 6(a)(3) of

that order. Its has not been reviewed 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 CFR 11040;

February 26, 1979). The Coast Guard

expects the economic impact of this rule

to be so minimal that a full Regulatory

Evaluation under paragraph 10e of the

regulatory policies and procedures of

DOT is unnecessary because of the

event’s short duration.

To avoid any unnecessary adverse

economic impact on businesses which

use the river for commercial purposes,

Captain of the Port, Louisville,

Kentucky will monitor river conditions

and will ease restrictions in the

regulated area as conditions permit.

Change will be announced by Marine

Safety Information Radio Broadcast

(Broadcast Notice to Mariners) on VHF

marine band radio, channel 22 (157.1

MHZ). Mariners may also call the Port

Management Officer, Captain of the

Port, Louisville, Kentucky at (502) 582–

5194 for current information.

Small Entities

The Coast Guard finds that the impact

on small entities, if any, is not

substantial. Therefore, the Coast Guard

certifies under section 605(b) of the

Regulatory Flexibility Act (5 U.S.C. 601

et seq.) that this temporary rule will not

have a significant economic impact on

a substantial number of small entities

because of the event’s short duration.

Collection of Information

This rule contains no information

collection requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

Federalism Assessment

The Coast Guard has analyzed this

action in accordance with the principles

and criteria of Executive Order 12612

and has determined that this rule does

not raise sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

Environmental Assessment

The Coast Guard considered the

environmental impact of this rule and

concluded that under section 2–1,

paragraph (34)(g) of Commandant

Instruction M16475.1C, this rule is

categorically excluded from further

environmental documentation as an

action required to protect public safety.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and recordkeeping

requirements, Security measures,

Vessels, Waterways.

Temporary Regulations

In consideration of the foregoing,

Subpart F of Part 165 of Title 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. 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 temporary § 165–T08–038 is

added to read as follows:

§ 100–T08–038 Regulated navigation area:

Ohio River.

(a) Location. The Ohio River between

mile 461.0 and 462.0 is established as a

regulated navigation area.

(b) Regulations. (1) Commercial

vessels transiting the regulated

navigation area shall proceed at

minimum steerage and at the direction

of the Coast Guard officers or petty

officers who will be patrolling the

regulated area on board Coast Guard

vessels.

(2) Recreational vessels within the

area shall not anchor or moor in the

navigable channel.

(3) Depending on on-scene

conditions, the Captain of the Port,

Louisville, Kentucky, upon request, or

for good cause, may authorize deviation

from this section if the Captain of the

Port, Louisville, Kentucky, finds that the

proposed or needed operations can be

performed safely.

(4) The Captain of the Port, Louisville,

Kentucky will notify the maritime

community of river conditions affecting

the area covered by this regulated

navigation area by Marine Safety

Information Radio Broadcast on VHF

Marine Band Radio, Channel 22 (157.1

MHZ).

(c) Effective date: This section will be

effective from 8 p.m. to 11:30 p.m. on

July 24 and 25, 1998.

Dated: June 25, 1998.

Paul J. Fluta,

Rear Admiral, U.S. Coast Guard Commander,

Eighth Coast Guard District.

[FR Doc. 98–18557 Filed 7–10–98; 8:45 am]

BILLING CODE 4910–15–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[NM35–1–7366; FRL–6118–4]

Approval and Promulgation of Air

Quality Implementation Plans; Revised

Format for Materials Being

Incorporated by Reference for New

Mexico and Albuquerque

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule; notice of

administrative change.

SUMMARY: The EPA is revising the

format of 40 CFR part 52, subpart GG for

materials submitted by New Mexico and

Albuquerque that are incorporated by

reference (IBR) into the State

Implementation Plans (SIPs). The

regulations affected by this format

change have all been previously

submitted by the respective State agency

and approved by EPA. This format

revision will primarily affect the

‘‘Identification of plan’’ sections of CFR

52.1620, as well as the format of the SIP

materials that will be available for

public inspection at the EPA Region 6

office, the Air and Radiation Docket and

Information Center located in Waterside

Mall, Washington, DC., and the Office of

the Federal Register. The sections of 40

CFR 52.1620 pertaining to provisions

promulgated by EPA or State-submitted

materials not subject to IBR review and

40 CFR 52.1621 through 52.1639 remain

unchanged.

EFFECTIVE DATE: This action is effective

July 13, 1998.

ADDRESSES: SIP materials which are

incorporated by reference into 40 CFR

part 52 are available for inspection at

the following locations:

Environmental Protection Agency,

Region 6, 1445 Ross Avenue, Suite

700, Dallas, Texas 75202–2733;

Office of Air and Radiation, Docket and

Information Center (Air Docket), EPA,

401 M Street, SW, Room M1500,

Washington, DC 20460; and

Office of the Federal Register, 800 North

Capitol Street, NW, Suite 700,

Washington, DC.

FOR FURTHER INFORMATION CONTACT: Mr.

Paul Scoggins, Air Planning Section

(6PD–L) at the above Region 6 address

or at (214) 665–7354.

SUPPLEMENTARY INFORMATION:

Background

Each State is required by section

110(a)(1) of the Act, to have a SIP that

contains the control measures and

strategies which will be used to attain