Federal Register / Vol. 60, No. 71 / Thursday, April 13, 1995 / Proposed Rules 18785

Dated: March 30, 1995.

Stephen R. Colgate,

Assistant Attorney General for

Administration.

1. The authority for part 16 continues

to read as follows:

Authority: 5 U.S.C. 301, 552, 552a, 552b(g),

553; 18 U.S.C. 4203 (a)(1); 28 U.S.C. 509, 510,

534; 31 U.S.C. 3717, 9701.

2. It is proposed to amend 28 CFR

16.101 by redesignating paragraph (s) as

paragraph (u), and adding new

paragraphs (s) and (t) as set forth below.

§ 16.101 Exemption of U.S. Marshals

Service (USMS) Systems—Limited Access,

as indicated.

* * * * *

(s) The following system of records is

exempt from 5 U.S.C. 552a(c) (3) and

(4), (d), (e) (1), (2), (3), (e)(5) and (e)(8)

and (g):

Joint Automated Booking Stations, Justice/

USM–014

(t) These exemptions apply only to

the extent that information in the

system is subject to exemption pursuant

to 5 U.S.C. 552a(j)(2). Where compliance

would not interfere with or adversely

affect the law enforcement process, the

USMS may waive the exemptions,

either partially or totally. Exemption

from the particular subsections are

justified for the following reasons:

(1) From subsections (c)(3) and (d) to

the extent that access to records in this

system of records may impede or

interfere with law enforcement efforts,

result in the disclosure of information

that would constitute an unwarranted

invasion of the personal privacy of

collateral record subjects or other third

parties, and/or jeopardize the health

and/or safety of third parties.

(2) Where access to certain records

may be appropriate, exemption from the

amendment provisions of subsection

(d)(2) is necessary to the extent that the

necessary and appropriate justification,

together with proof of record

inaccuracy, is not provided, and/or to

the extent that numerous, frivolous

requests to amend could impose an

impossible administrative burden by

requiring agencies to continuously

review booking and arrest data, much of

which is collected from the arrestee

during the arrest.

(3) From subsection (e)(1) to the

extent that is necessary to retain all

information in order not to impede,

compromise, or interfere with law

enforcement efforts, e.g., where the

significance of the information may not

be readily determined and/or where

such information may provide leads or

assistance to Federal and other law

enforcement agencies in discharging

their law enforcement responsibilities.

(4) From subsection (e)(2) because, in

some instances,the application of this

provision would present a serious

impediment to law enforcement since it

may be necessary to obtain and verify

information from a variety of sources

other than the record subject to ensure

safekeeping, security, and effective law

enforcement. For example, it may be

necessary that medical and psychiatric

personnel provide information

regarding the subject’s behavior,

physical health, or mental stability, etc.

to ensure proper care while in custody,

or it may be necessary to obtain

information from a case agent or the

court to ensure proper disposition of the

subject individual.

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

requirement that agencies inform each

individual whom it asks to supply

information of such information as is

required by subsection (e)(3) may, in

some cases, impede the information

gathering process or otherwise interfere

with or compromise law enforcement

efforts, e.g., the subject may deliberately

withhold information, or give erroneous

information.

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

the collection of information for 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 and the accuracy of such

information can only be determined in

a court of law. The restrictions imposed

by subsection (e)(5) would restrict the

ability to collect information for law

enforcement purposes and may prevent

the eventual development of the

necessary criminal intelligence or

otherwise impede effective law

enforcement.

(7) From subsection (e)(8) to the

extent that such notice may impede,

interfere with, or otherwise compromise

law enforcement and security efforts.

(8) From subsection (g) to the extent

that this system is exempt from the

access and amendment provisions of

subsection (d).

* * * * *

[FR Doc. 95–9104 Filed 4–12–95; 8:45 am]

BILLING CODE 4410–01–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD01–95–007]

Special Local Regulation: Newport

Offshore Grand Prix, Narragansett Bay,

Newport, RI

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard proposes a

temporary Special Local Regulation for

the Newport Offshore Grand Prix

regatta. The regatta will be held on

Sunday, May 21, 1995, in the waters of

Narragansett Bay, Newport, RI. This

regulation is needed to protect the

boating public from the hazards

associated with high speed powerboat

racing in confined waters.

DATES: Comments must be received on

or before May 4, 1995.

ADDRESSES: Comments should be

mailed to Commander (b), First Coast

Guard District, Captain John Foster

Williams Federal Building, 408 Atlantic

Ave., Boston, MA 02110–3350, or may

be hand delivered to Room 428 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:

Lieutenant (j.g.) B.M. Algeo, Chief,

Boating Affairs Branch, First Coast

Guard District, (617) 223–8311.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages

interested persons to participate in this

rulemaking by submitting written data,

views, or arguments. Persons submitting

comments should include their names

and addresses, identify this notice

(OGD01–95–007), the specific section of

the proposal to which each comment

applies, and give reasons for each

comment. The Coast Guard requests that

all comments and attachments be

submitted in an 81⁄2′′ x 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, selfaddressed postcard or envelope.

The Coast Guard will consider all

comments received during the comment

period. It may change this proposal in

view of the comments. The Coast Guard
18786 Federal Register / Vol. 60, No. 71 / Thursday, April 13, 1995 / Proposed Rules

plans no public hearing. Persons may

request a public hearing by writing to

Commander (b), First Coast Guard

District at the address under ADDRESSES.

The request should include reasons why

a hearing would be beneficial. If it

determines that the opportunity for oral

presentations will aid this rulemaking,

the Coast Guard will hold a public

hearing at a time and place announced

by a later notice in the Federal Register.

The shortened comment period for

this regulation was caused by a delay in

receiving necessary information from

the event sponsor. The Coast Guard

considers this shortened comment

period to be adequate because

considerable promotional efforts

undertaken by the sponsor have

effectively publicized the event

throughout the local area. The shortened

comment period will allow sufficient

time for the public to make substantive

comments on the proposed rule.

Drafting Information. The drafters of

this notice are Lieutenant (j.g.) B.M.

Algeo, project Manager, First Coast

Guard District, and Lieutenant

Commander S.R. Watkins, Project

Counsel, First Coast Guard District Legal

Office.

Background and Purpose

On September 20, 1994, the sponsor,

Boston International Sports Promotions,

Inc., submitted a request to hold a

powerboat race in Narragansett Bay,

Newport, RI. The Coast Guard is

considering establishing a temporary

regulation in Narragansett Bay for this

event known as the ‘‘Newport Offshore

Grand Prix.’’ The proposed regulation

would establish two regulated areas in

Narragansett Bay and would provide

specific guidance to control vessel

movement during the race.

This event will include up to 70

powerboats competing on a rectangular

course at speeds approaching 125 m.p.h.

Due to the inherent dangers of a race of

this type, vessel traffic will be

temporarily restricted to provide for the

safety of the spectators and participants.

The sponsor will provide a minimum

of 25 picket boats and a minimum of 4

medical boats manned by emergency

medical technicians. All sponsor

resources will be identified with regatta

signs or flags, in accordance with

American Power Boat Association, to

augment the Coast Guard patrol that

will be assigned to the event. The race

course will be well marked and

patrolled, but due to the speed and

proximity of the participating vessels, it

is necessary to establish a Special Local

Regulation to control spectator and

commercial vessel movement within

this confined area.

Discussion of Proposed Amendments

The Coast Guard proposes to establish

a Special Local Regulation on specified

waters of Narragansett Bay, Newport,

Rhode Island. The Regulated Race

Course Area will be closed to all traffic

from 10:30 a.m. to 4:30 p.m. on May 21,

1995. The Regulated Milling Area will

be closed to all traffic from 12:00 p.m.

to 3:30 p.m. on May 21, 1995. However,

in emergency situations, provisions will

be made to establish safe escort by Coast

Guard designated vessels for mariners

requiring transit through any regulated

area. This regulation is needed to

protect spectators and participants from

the hazards that accompany a high

speed powerboat race in a confined

area.

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 to be so

minimal that a full Regulatory

Evaluation, under paragraph 10e of the

regulatory policies and procedures of

the DOT, is unnecessary. This

conclusion is based on the limited

duration of the race, the extensive

advisories that have been and will be

made to the affected maritime

community, and the fact that the event

is taking place in an area where the only

commercial interests affected are a few

marinas and a small fishing fleet.

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 fields and that otherwise qualify

as ‘‘small business concerns’’ under

section 3 of the Small Business Act (15

U.S.C. 632).

For the reasons discussed in the

Regulatory Evaluation, the Coast Guard

certifies under 5 U.S.C. 605(b) that this

proposal will not have a significant

economic impact on a substantial

number of small entities.

Collection of Information

This proposal 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

proposal in accordance with the

principles and criteria contained in

Executive Order 12612 and has

determined that this proposal does not

have sufficient federalism implications

to warrant the preparation of a

Federalism Assessment.

Environment

The Coast Guard is considering the

environmental impacts of both the

proposed Special Regulations and the

Newport Offshore Grand Prix. It is

anticipated that an Environmental

Assessment (EA) will be written

concerning the potential environmentalimpacts resulting from this high speed

power boat race for which the Coast

Guard has received an ‘‘Application for

Marine Event Permit.’’ Comments in

this regard should be forwarded to the

address listed under ADDRESSES.

List of Subjects in 33 CFR Part 100

Marine safety, Navigation (water),

Reporting and recordkeeping

requirements, Waterways.

For the reasons set out in the

preamble, the Coast Guard proposes to

amend 33 CFR part 100 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–

T01007, is added to read as follows:

§ 100.35–T01007 Newport Offshore Grand

Prix, Newport, RI.

(a) Regulated Race Course Area. This

regulated area provides a 200 yard

safety zone around the race course

coordinates and includes all waters

within the following points:

Latitude Longitude

41°28.15′′ N 071° 24.18′′ W

41°26.27′′ N 071°24.18′′ W

41°23.18′′ N 071°26.48′′ W

41°22.42′′ N 071°22.48′′ W

41°27.42′′ N 071°21.54′′ W

(b) Regulated Milling Area. This

regulated area provides adequate

milling spaces for powerboat

participants prior to and at the
Federal Register / Vol. 60, No. 71 / Thursday, April 13, 1995 / Proposed Rules 18787

1 The reader may refer to the Notice of Proposed

Rulemaking, December 5, 1991 (56 FR 63774), and

the preamble to the final rule promulgated

September 4, 1992 (57 FR 40792) for further

background and information on the OCS

regulations.

conclusion of the race. It will include all

waters within the following points: from

Fort Adams, to Mitchell Rock GB 3

(LLNR 17865), to Rose Island LBB 12

(LLNR 17855), to Dumplings LBB 11

(LLNR 17810).

(c) Special Local Regulations.

(1) Commander, U.S. Coast Guard

Group Woods Hole reserves the right to

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

during the effective period of regulation

unless participating in the event or

unless authorized by the Coast Guard

patrol commander.

(3) Vessels desiring to transit through

the West Passage may do so without

Coast Guard approval as long as the

vessel remains outside the regulated

areas at specified times. No vessel will

be allowed to transit through any

portions of the regulated Race Course

Area during the actual race. In the event

of an emergency, the Coast Guard patrol

commander may authorize a vessel to

transit through the regulated areas with

a Coast Guard designated escort. Vessels

encountering emergencies which

require transit through the regulated

areas should contact the Coast Guard

patrol commander on VHF Channel 16.

(4) Spectator craft are authorized to

watch the race from any area as long as

it remains outside of the designated

regulated areas. Spectator craft are

required to be at their desired location

no later than 12:30 p.m.

(5) All persons and vessels shall

comply with the instructions of the

Commander, U.S. Coast Guard Group

Woods Hole or the designated on-scene

patrol commander. On-scene patrol

personnel include commissioned,

warrant, and petty officers of the U.S.

Coast Guard. Upon hearing five or more

blasts from a U.S. Coast Guard vessel,

the operator of a vessel shall stop

immediately, then proceed as directed.

Members of the Coast Guard Auxiliary

will also be present to inform vessel

operators of this regulation and other

applicable laws.

(d) Effective period. This section will

be effective from 10:30 a.m. to 4:30 p.m.

on Sunday, May 21, 1995, unless

otherwise specified in the Coast Guard

Local Notice to Mariners and a notice in

the Federal Register.

Dated: April 3, 1995.

R. R. Clark,

Captain, U.S. Coast Guard, Acting

Commander, First Coast Guard District.

[FR Doc. 95–9038 Filed 4–12–95; 8:45 am]

BILLING CODE 4910–14–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 55

[FRL–5179–5]

Notice of Proposed Rule; Outer

Continental Shelf Consistency Update

for Florida

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of proposed rulemaking;

consistency update.

SUMMARY: EPA is proposing to update a

portion of the Outer Continental Shelf

(‘‘OCS’’) Air Regulations. Requirements

applying to OCS sources located within

25 miles of states’ seaward boundaries

must be updated periodically to remain

consistent with the requirements of the

corresponding onshore area (‘‘COA’’), as

mandated by section 328(a)(1) of the

Clean Air Act (‘‘the Act’’), the Clean Air

Act Amendments of 1990, the

applicable requirements for certain

areas for Air Pollution from OCS

Activities. The portion of the OCS air

regulation that is being updated pertains

to the requirements for OCS sources for

which the State of Florida will be the

designated COA. This action proposes

to incorporate the requirements

contained in ‘‘State of Florida

Requirements Applicable to OCS

Sources’’ (January 11, 1995). Proposed

changes to the existing requirements are

discussed below.

DATES: Comments on the proposed

update must be received on or before

May 15, 1995.

ADDRESSES: Comments must be mailed

(in duplicate if possible) to EPA Air

Docket, Attn: Docket No. A–93–31, U.S.

Environmental Protection Agency,

Region IV, Air, Pesticides, and Toxics

Management Division, 345 Courtland

Street, NE., Atlanta, GA 30365. (Attn: R.

Scott Davis).

Docket: Supporting information used

in developing the proposed notice and

copies of the documents EPA is

proposing to incorporate by reference

are contained in Docket No. A–93–31.

This docket is available for public

inspection and copying Monday

through Friday during regular business

hours at the following locations:

EPA Air Docket, Attn: Docket No. A–

93–31, Environmental Protection

Agency, 401 M Street, SW.,

Washington DC 20460, room M–1500.

EPA Air Docket, Attn: Docket No. A–

93–31, Environmental Protection

Agency, Region IV Library, 345

Courtland Street, NE., Atlanta, GA

30365.

FOR FURTHER INFORMATION CONTACT: R.

Scott Davis, Air, Pesticides, and Toxics

Management Division, U.S. EPA Region

IV, 345 Courtland Street, NE., Atlanta,

GA 30365. Telephone (404) 347–3555

ext. 4144.

SUPPLEMENTARY INFORMATION: On

September 4, 1992, EPA promulgated 40

CFR part 55,1 which established

requirements to control air pollution

from OCS sources in order to comply

with federal and state ambient air

quality standards and the provisions of

part C of title I of the Act. Part 55

applies to all OCS sources offshore of

the states, except those located in the

Gulf of Mexico west of 87.5 degrees

longitude, approximately west of the

Florida/Alabama state border. Section

328 of the Act requires that for such

sources located within 25 miles of a

state’s seaward boundary, the

requirements shall be the same as would

be applicable if the sources were located

in the COA. Because the OCS

requirements are based on onshore

requirements, and onshore requirements

may change, section 328(a)(1) requires

that EPA update the OCS requirements

as necessary to maintain consistency

with onshore requirements.

Pursuant to § 55.12 of the OCS rule,

consistency reviews will occur: (1) At

least annually; (2) upon receipt of a

Notice of Intent (NOI) under § 55.4 of

the OCS rule; and (3) when a state or

local agency submits a rule to EPA to be

considered for incorporation by

reference in part 55. This Notice of

Proposed Rulemaking is being proposed

in response to the receipt of a NOI,

submitted by Chevron U.S.A., Inc.,

Conoco Inc., and Murphy Exploration &

Production Company on February 10,

1995, and represents the second update

of part 55 for the State of Florida. The

NOI includes general company

information, a description of the

proposed facility, estimated potential air

emissions, emissions points, fuels, air

pollution controls, and any proposed

operating limitations. Public comments

received in writing within 30 days of

publication of this notice will be

considered by EPA before promulgation

of the final updated rule.

Section 328(a) of the Act requires that

EPA establish requirements to control

air pollution from OCS sources located

within 25 miles of states’ seaward

boundaries that are the same as onshore

requirements. To comply with this

statutory mandate, EPA must