Federal Register / Vol. 61, No. 126 / Friday, June 28, 1996 / Rules and Regulations 33673

publication. Due to the date on which

complete information regarding this

event was received, there was

insufficient time to draft and publish an

NPRM. Any delay encountered in this

regulation’s effective date would be

contrary to public interest since

immediate action is needed to protect

the maritime public from the hazards

associated with fireworks exploding

from a barge on the waters on the

Hudson River.

Background and Purpose

Heritage of Pride Inc., submitted an

Application for Approval of Marine

Event to hold a fireworks program on

the Hudson River. This regulation

establishes a temporary safety zone in

all waters of the Hudson River within a

300 yard radius of the fireworks barge

anchored approximately 330 yards west

of the Manhattan pierhead line between

pier 32 and pier 26. The safety zone is

in effect from 9:30 p.m. until 11:30 p.m.

on June 30, 1996, unless extended or

terminated sooner by the Captain of the

Port, New York. The safety zone

prevents vessels from transiting this

portion of the Hudson River and is

needed to protect mariners from the

hazards associated with fireworks

exploding in the area.

Regulatory Evaluation

This regulation 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

regulation to be so minimal that a full

Regulatory Evaluation under paragraph

10(e) of the regulatory policies and

procedures of DOT is unnecessary. This

regulation closes a portion of the

Hudson River to vessel traffic from 9:30

p.m. until 11:30 p.m. on June 30, 1996,

unless extended or terminated sooner by

the Captain of the Port, New York.

Although this regulation prevents traffic

from transiting this area on the eastern

side of the Hudson River, the effect of

the regulation will not be significant for

several reasons: the duration of the

event is limited; the event is at a later

hour; vessel traffic may safely pass to

the west of this area; the advance

advisories which will be made; and that

this event has been held annually for

the past several years between pier 45

and pier 49 without incident or

complaint. Accordingly, the Coast

Guard expects the economic impact of

this regulation to be so minimal that a

Regulatory Evaluation is unnecessary.

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’’ may include

(1) small businesses and not-for-profit

organizations that are not independently

owned and operated and are not

dominant in their fields and (2)

governmental jurisdictions with

populations of less than 50,000.

For reasons set forth in the Regulatory

Evaluation, 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.

Therefore, the Coast Guard finds that

this rule will not have a significant

economic impact on a substantial

number of small entities. If, however,

you think that your business or

organization qualifies as a small entity

and that this rule will have significant

economic impact on your business or

organization, please submit a comment

explaining why you think it qualifies

and in what way and to what degree this

rule will economically affect it.

Collection of Information

This regulation 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

action in accordance with the principles

and criteria contained in Executive

Order 12612 and has determined that

this regulation does not have sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

Environment

The Coast Guard has considered the

environment impact of this regulation

and concluded that under section

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

Instruction M16475.1B (as revised by 59

FR 38654, July 29, 1994), the

promulgation of this regulation is

categorically excluded from further

environmental documentation. A

Categorical Exclusion Determination

and Environmental Analysis Checklist

are included in the docket.

List of Subjects in 33 CFR Part 165

Harbors, Marine Safety, Navigation

(water), Reporting and recordkeeping

requirements, Security measures,

Waterways.

Final Regulation

For reasons set out in the preamble,

the Coast Guard amends 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 temporary § 165.T01–047, is

added to read as follows:

§ 165.T01–047 Safety Zone: Heritage of

Pride Fireworks Display, Hudson River, New

York.

(a) Location. All waters of the Hudson

River within a 300 yard radius of the

fireworks barge anchored approximately

330 yards west of the Manhattan

pierhead line between Pier 32 and Pier

26.

(b) Effective period. This section is

effective from 9:30 p.m. until 11:30 p.m.

on June 30, 1996, unless extended or

terminated sooner by the Captain of the

Port, New York.

(c) Regulations. (1) The general

regulations contained in 33 CFR 165.23

apply to this safety zone.

(2) All persons and vessels shall

comply with the instructions of the

Coast Guard Captain of the Port or the

designated on scene patrol personnel.

U.S. Coast Guard patrol personnel

include commissioned, warrant, and

petty officers of the Coast Guard. Upon

being hailed by a U.S. Coast Guard

vessel via siren, radio, flashing light, or

other means, the operator of a vessel

shall proceed as directed.

Dated: June 18, 1996.

T.H. Gilmour,

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

Port, New York.

[FR Doc. 96–16600 Filed 6–27–96; 8:45 am]

BILLING CODE 4910–14–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 8

[FRL–5528–8]

Removal of Outdated Regulations

Governing Contractor Compliance

With Equal Employment Opportunity

Requirements

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.
33674 Federal Register / Vol. 61, No. 126 / Friday, June 28, 1996 / Rules and Regulations

SUMMARY: In 1978, the administration

and enforcement responsibility for

contractor compliance with equal

employment opportunity was

transferred from contracting agencies

like EPA to the Department of Labor,

Office of Federal Contract Compliance

Programs. OFCCP promulgated revised

regulations governing contractor

compliance with equal employment

opportunity at 41 CFR part 60.

Therefore, it is the opinion of EPA, with

the concurrence of OFCCP, that the EPA

regulations at 40 CFR part 8 are

outdated and no longer necessary.

EFFECTIVE DATE: June 28, 1996.

FOR FURTHER INFORMATION CONTACT:

Rodney Cash at (202) 260–4582,

Environmental Protection Agency, 401

M Street, S.W., Washington, D.C. 20460

(Mail Code 1205).

SUPPLEMENTARY INFORMATION:

A. Background

President Clinton has directed each

federal agency to determine which

agency regulations can be deleted

because they are obsolete, confusing, or

unenforceable. This effort is aimed at

making our regulations easier to

understand by removing those which

are no longer necessary. This final rule

eliminates an entire part of the CFR

which is now outdated and

unnecessary.

The purpose of the EPA regulations at

40 CFR Part 8 was to fulfill EPA’s

responsibilities under Executive Order

11246. Executive Order 11246 requires

that employers holding covered Federal

contracts and federally assisted

construction contracts comply with

non-discrimination and affirmative

action requirements to ensure equal

employment opportunities without

regard to race, color, religion, sex or

national origin.

The basis for repealing these

regulations is that the regulatory scheme

has since been vested in another set of

regulations promulgated by the Office of

Contractor Compliance Programs

(OFCCP) at the Department of Labor.

EPA, as a contracting agency, formerly

had the responsibility for administration

and enforcement of equal employment

opportunity obligations of its

contractors. In 1978, however, that

authority was removed from EPA and

transferred to OFCCP by Executive

Order 12086. The original EPA

regulations only serve to mislead and

confuse the regulated entities and those

who might seek redress through

enforcement. For these reasons, EPA is

‘‘housecleaning’’ and removing these

outdated, unnecessary regulations from

the CFR. The pertinent regulations

governing these contractor compliance

issues are now handled exclusively by

OFCCP.

B. Executive Order 12866

This rule is not a significant

regulatory action as defined in

Executive Order 12866; therefore, no

review is required at the Office of

Information and Regulatory Affairs

within OMB.

C. Paperwork Reduction Act

The Paperwork Reduction Act does

not apply because this rule does not

propose any information collection

requirements which would require the

approval of OMB under 44 U.S.C. 3501,

et seq.

D. Regulatory Flexibility Act

This rule does not have a significant

impact on a substantial number of small

entities within the meaning of the

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

et seq.

E. Unfunded Mandates

This final rule does not impose

unfunded mandates on state and local

entities or others. No new compliance

mandates would be created by the

removal of these regulations.

List of Subjects in 40 CFR Part 8

Environmental protection.

Dated: June 21, 1996.

Carol M. Browner,

Administrator.

PART 8—[REMOVED]

For the reasons set out in the

preamble, under authority of section

201, Executive Order 11246, 30 FR

12319, and 41 CFR 60–1.6(c), EPA is

removing 40 CFR Part 8.

[FR Doc. 96–16586 Filed 6–27–96; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 52

[KY86–2–6933a; FRL–5456–4]

Approval and Promulgation of

Implementation Plans Kentucky:

Approval of Revisions to the Kentucky

State Implementation Plan

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is approving revisions to

the Kentucky State Implementation Plan

(SIP) submitted on December 29, 1994,

by the Commonwealth of Kentucky

through the Natural Resources and

Environmental Protection Cabinet

(Cabinet). The revisions pertain to

Kentucky regulations 401 KAR 59:101

New Bulk Gasoline Plants and 401 KAR

61:056 Existing Bulk Gasoline Plants.

The revisions were the subject of a

public hearing held on July 26, 1994,

and became state effective September

28, 1994. The intended effect of these

revisions is to clarify certain provisions

and ensure consistency with

requirements of the Clean Air Act.

DATES: This final rule is effective August

27, 1996 unless notice is received by

July 29, 1996 that someone wishes to

submit adverse or critical comments. If

the effective date is delayed, timely

notice will be published in the Federal

Register.

ADDRESSES: Written comments should

be addressed to: Scott M. Martin,

Regulatory Planning and Development

Section, Air Programs Branch, Air,

Pesticides & Toxics Management

Division, Region 4 Environmental

Protection Agency, 345 Courtland

Street, NE., Atlanta, Georgia 30365.

Copies of the documents relative to

this action are available for public

inspection during normal business

hours at the following locations. The

interested persons wanting to examine

these documents should make an

appointment with the appropriate office

at least 24 hours before the visiting day.

Air and Radiation Docket and

Information Center (Air Docket 6102),

U.S. Environmental Protection

Agency, 401 M Street, SW.,

Washington DC 20460.

Environmental Protection Agency,

Region 4 Air Programs Branch, 345

Courtland Street, Atlanta, Georgia

30365.

Natural Resources and Environmental

Protection Cabinet, Department for

Environmental Protection, Division

for Air Quality, 803 Schenkel Lane,

Frankfort, Kentucky 40601–1403.

FOR FURTHER INFORMATION CONTACT: Mr.

Scott M. Martin, Regulatory Planning

and Development Section, Air Programs

Branch, Air Pesticides and Toxics

Management Division, Region 4

Environmental Protection Agency, 345

Courtland Street, NE., Atlanta, Georgia

30365. The telephone number is (404)

347–3555 ext. 4216.

SUPPLEMENTARY INFORMATION: On

December 29, 1994, the Commonwealth

of Kentucky through the Cabinet,

submitted revisions to the Kentucky

SIP. The revisions pertain to Kentucky

regulations 401 KAR 59:101 New Bulk

Gasoline Plants and 401 KAR 61:056

Existing Bulk Gasoline Plants. The

revisions were the subject of a public

hearing held on July 26, 1994, and

became state effective September 28,