Federal Register / Vol. 65, No. 77 / Thursday, April 20, 2000 / Rules and Regulations 21141

interest, pursuant to section 553(b)(B) of

the APA.

Effective Date

The undersigned has determined that

good cause exists for waiving the

customary requirement for delay in the

effective date of a final rule for 30 days

following its publication since this rule

makes technical and minor corrections

to a final rule which is already in effect.

See 5 U.S.C. 553(d). Therefore, this final

rule correction is effective on the same

date as the final rule which is being

corrected, January 1, 2000.

Administrative Requirements

A. Executive Order 12866

The Department of Labor has

determined that this rule is not a

significant regulatory action as defined

in section 3(f) of Executive Order 12866

in that it will not (1) have an annual

effect on the economy of $100 million

or more, or adversely affect in a material

way the economy, a sector of the

economy, productivity, competition,

jobs, the environment, public health or

safety, or State, local, or tribal

governments or communities, (2) create

a serious inconsistency or otherwise

interfere with an action taken or

planned by another agency, (3)

materially alter the budgetary impact of

entitlements, grants, user fees, or loan

programs or the rights and obligations of

recipients thereof, or (4) raise novel

legal or policy issues arising out of legal

mandates, the President’s priorities, or

the principles set forth in Executive

Order 12866.

B. Regulatory Flexibility Act

Because a notice of proposed

rulemaking is not required for this rule

under 5 U.S.C. 553(b), the requirements

of the Regulatory Flexibility Act, 5

U.S.C. 601 et seq., pertaining to

regulatory flexibility analysis do not

apply. See 5 U.S.C. 601(2). Therefore, a

regulatory flexibility analysis is not

required.

C. Paperwork Reduction Act

This rule contains no additional

information collection requirements.

The information collection requirements

in the regulations to which this rule

makes technical corrections have been

approved by the Office of Management

and Budget (OMB control number 1215–

0188).

D. Small Business Regulatory

Enforcement Fairness Act

The Department has determined that

this final rule is not a ‘‘major rule’’

requiring prior approval by the Congress

and the President pursuant to the Small

Business Regulatory Enforcement

Fairness Act of 1996 (5 U.S.C. 804),

because it is not likely to result in (1)

an annual effect on the economy of $100

million or more, (2) a major increase in

costs or prices for consumers,

individual industries, Federal, State, or

local government agencies, or

geographic regions, or (3) significant

adverse effects on competition,

employment, investment, productivity,

innovation, or the ability of United

States-based enterprises to compete

with foreign-based enterprises in

domestic and export markets.

Further, since the Department has

determined, for good cause, that

publication of a proposed rule and

solicitation of comments on this rule is

not necessary, under 5 U.S.C. 808(2),

this final rule is effective as of the date

of the final rule which is being

corrected, January 1, 2000, as stated

previously in this notice.

E. Unfunded Mandates Reform Act

For purposes of Section 2 of the

Unfunded Mandates Reform Act of

1995, 2 U.S.C. 1532, as well as

Executive Order 12875 (58 FR 58093,

October 28, 1993), this rule does not

include any federal mandate that may

result in increased expenditures by

State, local and tribal governments, or

increased expenditures by the private

sector of more than $100 million.

F. Federalism

The Department has reviewed this

rule in accordance with Executive Order

13132 regarding federalism, and has

determined that it does not have

‘‘federalism implications.’’ The rule

does not ‘‘have substantial direct effects

on the States, on the relationship

between the national government and

the States, or on the distribution of

power and responsibilities among the

various levels of government.’’

List of Subjects in 29 CFR Part 403

Labor unions, Reporting and

recordkeeping requirements.

Correction of Publication

Accordingly, the publication on

December 21, 1999 of the final rule

which was the subject of FR Doc. 99–

33044, is corrected as follows:

1. On page 71622, in the second full

paragraph that begins in the second

column, the phrase ‘‘eight pages instead

of four for Form LM–3’’ is corrected to

read ‘‘four pages instead of two for Form

LM–3.’’

2. On page 71623, in the first

paragraph of the first column, the

phrase ‘‘labor organizations will file the

new reporting forms and format for

fiscal years beginning on and after

January 1, 2000’’ is corrected to read

‘‘labor organizations will file the new

reporting forms and format for fiscal

years ending on and after January 1,

2000.’’

§ 403.4 [Corrected]

3. On page 71624, in the second

column, in the third line of the

paragraph which begins ‘‘Each

document attached * * *’’, the

reference to ‘‘29 CFR 403.4(b)(3) (i)–

(vi)’’ is corrected to read ‘‘29 CFR

403.4(b)(3) (i)–(v)’’.

4. On page 71624, in the second

column, in the ninth line of the

paragraph which begins ‘‘Each

document attached * * *’’, the word

‘‘and’’ is inserted after ‘‘period;’’ and

before ‘‘(v)’’.

Signed in Washington, DC this 14th day of

April, 2000.

Bernard E. Anderson,

Assistant Secretary for Employment

Standards.

[FR Doc. 00–9911 Filed 4–19–00; 8:45 am]

BILLING CODE 4510–46–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD–00–119]

RIN 2115–AE46

Special Local Regulation: Harvard-Yale

Regatta, Thames River, New London,

CT

AGENCY: Coast Guard, DOT.

ACTION: Notice of implementation.

SUMMARY: This notice puts into effect

the permanent regulations for the

annual Harvard-Yale Regatta, a rowing

competition held on the Thames River

in New London, CT. The regulation is

necessary to control vessel traffic within

the immediate vicinity of the event due

to the confined nature of the waterway

and anticipated congesttion at the time

of the event, thus providing for the

safety of life and property on the

affected navigable waters.

DATE: The regulations in 33 CFR 100.101

are effective on June 10, 2000, from 2:30

p.m. to 8 p.m. If the regatta is cancelled

due to weather, this section will be in

effect on the following day, Sunday June

11, 2000, from 2:30 p.m. to 8 p.m.

FOR FURTHER INFORMATION CONTACT:

Petty Officer William M. Anderson,

Office of Search and Rescue, First Coast

Guard District, (617) 223–8460.

21142 Federal Register / Vol. 65, No. 77 / Thursday, April 20, 2000 / Rules and Regulations

SUPPLEMENTARY INFORMATION: This

notice implements the permanent

special local regulation governing the

2000 Harvard-Yale Regatta. A portion of

the Thames River in New London,

Connecticut will be closed during the

effective period to all vessel traffic

except participants, official regatta

vessels, and patrol craft. The regulated

area is that area of the river between the

Penn Central drawbridge and Bartlett’s

Cove. Additional public notification

will be made via the First Coast Guard

District Local Notice to Mariners and

marine safety broadcasts. The full text of

this regulation is found in 33 CFR

100.101.

Dated: March 28, 2000.

G.N. Naccara,

Rear Admiral, U.S. Coast Guard Commander,

First Coast Guard District.

[FR Doc. 00–9935 Filed 4–19–00; 8:45 am]

BILLING CODE 4910–15–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01–00–120]

RIN 2115–AA97

Safety Zone: Sunken Vessel JESSICA

ANN, Cape Elizabeth, ME

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a safety zone encompassing

those waters of the Atlantic Ocean

within 1,000 yards of the position

43°31′9′′ N, 070°11′8′′ W and from the

water’s surface to the seabed floor. This

rule is necessary to protect the

environment from a diesel fuel spill

which may occur from the disturbance

of the sunken vessel F/V Jessica Ann,

the commercial fishery, and the general

public for the hazards associated with

the recovery of diesel fuel from a

sunken vessel.

EFFECTIVE DATE: This section is effective

on April 4, 2000 until July 1, 2000.

FOR FURTHER INFORMATION CONTACT:

Lieutenant R. V. Timme, Chief of

Response and Planning, Captain of the

Port, Portland at (207) 780–3251.

SUPPLEMENTARY INFORMATION: 

Regulatory History

As authorized by 5 U.S.C. 553, a

notice of proposed rulemaking (NPRM)

was not published for this regulation.

Under 5 U.S.C 553(b)(B), the Coast

Guard finds that good cause exists for

not publishing an NPRM and for making

this rule effective less that 30 days after

publication in the Federal Register. Due

to inclement weather conditions,

recovery of the diesel fuel on board the

F/V Jessica Ann must be postponed.

Any delay in implementing this rule

would be contrary to the public interest

since immediate action is necessary to

protect the environment from an oil

spill which may occur from inadvertent

or intentional disturbance of the

wreckage prior to the time that the oil

spill recovery operations are possible,

and to protect the maritime public from

the hazards associated with recovery

operations.

On February 20, 2000, The F/V Jessica

Ann sunk in 136 feet of water in the

Atlantic Ocean. It is estimated that

approximately 10,000 gallons of diesel

fuel is on board the vessel. Clean

Harbors, Inc. was hired for the clean up

and recovery of fuel on board the F/V

Jessica Ann. The fuel vents on the vessel

were sealed to secure the leak. However,

due to inclement weather, fuel recovery

has been postponed until favorable

weather conditions prevail. The safety

zone will be effective on April 4, 2000

until July 1, 2000, Cape Elizabeth,

Maine. This regulation establishes a

safety zone encompassing those waters

of the Atlantic Ocean within 1,000 yards

of the position 43°31′9′′ N, 070°11′8′′

and from the water’s surface to the

seabed floor. The safety zone will be

cancelled following the recovery of the

oil remaining on board. This rule is

necessary to protect the environment,

the commercial fishery, and the general

public. Innocent transit through the area

within the safety zone is not affected by

this regulation and does not require the

authorization of the Captain of the Port.

Regulatory Evaluation

This temporary final 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 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 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 fact that

the proposal has no significant effect on

shipping, and its impact on fishing is

minimal as it removes a small portion

(less than one square mile) of the

available fishing grounds from active

fishing.

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’’ 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 addressed under the

Regulatory Evaluation above, the Coast

Guard expects the impact of this

regulation to be minimal and certifies

under section 605(b) of the Regulatory

Flexibility Act (5 U.S.C. 601 et seq.) that

this final rule will not have a significant

economic impact on substantial number

of small entities.

This rule will affect the following

entities, some of which may be small

entities: The commercial fishing

community intending to fish portions of

Cape Elizabeth restricted by the safety

zone.

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 113132

and have determined that this rule does

not have sufficient federalism

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 costs without the Federal

government’s having first provided the

funds to pay those costs. This rule will

not impose an Unfunded Mandate.

Taking of Private Property

This rule will 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.