40276 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Rules and Regulations

bounded on the south by a line drawn

across the entrance to the Delaware Bay

between Cape May Light and Harbor of

Refuge Light and then continuing to the

northernmost extremity of Cape

Henlopen, and bounded on the north by

a line drawn across the Delaware River

between Trenton, NJ and Morrisville,

PA along the southern side of the U.S.

Route 1 Bridge.

(b) Definitions. As used in this

section:

COTP means the Captain of the Port,

Philadelphia, PA and any Coast Guard

commissioned, warrant or petty officer

who has been authorized by the COTP

to act on his or her behalf.

Dangerous Cargo means those cargoes

listed in § 160.203 of this chapter when

carried in bulk, but does not include

cargoes listed in Table 1 of 46 CFR part

153.

Underway means that a vessel is not

at anchor, made fast to the shore, or

aground.

(c) Applicability. This section applies

to any vessel operating within the

Regulated Navigation Area, including a

naval or public vessel, except a vessel

engaged in:

(1) Law enforcement;

(2) Servicing aids to navigation; or

(3) Surveying, maintaining, or

improving waters within the Regulated

Navigation Area.

(d) Draft limitation. Unless otherwise

authorized by the COTP, no vessel with

a draft greater than 55 feet may enter

this regulated navigation area.

Note: The project depth in many areas of

the Regulated Navigation Area is less than 55

feet.

(e) Oil transfer operations. Unless

otherwise authorized by the COTP, no

vessel to vessel oil transfer operations,

excluding bunkering, may be conducted

within the area between the southern

boundary of this regulated navigation

area and the southern span of the

Delaware Memorial Bridge except

within the anchorage ground designated

in 110.157(a)(1) of this chapter.

(f) Requirements for vessels carrying

dangerous cargoes. The master, owner,

or operator of a vessel carrying a

dangerous cargo shall:

(1) Notify the COTP at least 72 hours

before the vessel enters or departs the

regulated navigation area and at least 12

hours before the vessel moves within

the regulated navigation area. The

notice must include a report of the

vessel’s propulsion and machinery

status and, for foreign flag vessels, the

notice must include any outstanding

deficiencies identified by the vessel’s

flag state or classification society;

(2) Not enter, get or remain underway

within the regulated navigation area if

visibility is or is expected to be less than

two (2) miles. If during the transit

visibility becomes less than two (2)

miles, the vessel must seek safe

anchorage and notify the COTP

immediately;

(3) Not anchor in any area within the

regulated navigation area unless in

times of emergency or with COTP

permission;

(4) Not transfer dangerous cargo while

the vessel is at anchor or bunkering;

(5) Maintain a manned watch in the

steering compartment whenever the

vessel is underway within the regulated

navigation area unless the vessel has

two separate and independent steering

control systems with duplicate

pilothouse steering gear control systems

which meet the requirements of 46 CFR

85.25–55;

(6) When anchored within the

regulated navigation area and:

(i) Sustained winds are greater than

25 knots but less than 40 knots, ensure

the main engines are ready to provide

full power in five minutes or less; and

(ii) Sustained winds are 40 knots or

over, ensure that the main engines are

on line to immediately provide

propulsion;

(7) While moored within the regulated

navigation area, ensure that at least two

wire cable mooring lines (firewarps) are

rigged and ready for use as emergency

towing hookups fore and aft on the

outboard side of the vessel;

(8) While underway or anchored

within the regulated navigation area,

ensure that at least two wire cable

mooring lines (firewarps) are rigged and

ready for use as emergency towing

hookups fore and aft on the vessel; and,

(9) Proceed as directed by the COTP.

(g) Requirements for vessels operating

in the vicinity of a vessel carrying

dangerous cargoes. (1) Except for a

vessel that is attending a vessel carrying

dangerous cargo with permission from

the master of the vessel carrying

dangerous cargo or a vessel that is

anchored or moored at a marina, wharf,

or pier, and which remains moored or

at anchor, no vessel may, without the

permission of the COTP:

(i) Come or remain within 500 yards

of the port or starboard side or within

1,000 yards of the bow or stern of an

underway vessel that is carrying

dangerous cargo; or

(ii) Come or remain within 100 yards

of a moored or anchored vessel carrying

dangerous cargo.

(2) The master, owner, or operator of

any vessel receiving permission under

paragraph (g)(1) of this section shall:

(i) Maintain a continuous radio guard

on VHF–FM channels 13 and 16;

(ii) Operate at ‘‘no wake’’ speed or the

minimum speed needed to maintain

steerage; and

(iii) Proceed as directed by the COTP.

(3) No vessel may overtake a vessel

carrying dangerous cargoes unless the

overtaking can be completed before

reaching any bend in the channel.

Before any overtaking, the pilots,

masters or operators of both the

overtaking vessel and the vessel being

overtaken must clearly agree on the

circumstances of the overtaking,

including vessel speeds, time and

location of overtaking.

(h) Additional restrictions above the

C&D Canal. When operating on the

Delaware River above the C&D Canal:

(1) A vessel carrying dangerous cargo

must be escorted by at least one

commercial tug; and

(2) Meeting situations shall be

avoided on river bends to the maximum

extent possible.

(i) The COTP will issue a Broadcast

Notice to Mariners to inform the marine

community of scheduled vessel

movements during which the

restrictions imposed by paragraphs (g)

and (h) of this section will be in effect.

Dated: July 8, 1997.

Roger T. Rupe, Jr.,

Vice Admiral, U.S. Coast Guard Commander,

Fifth Coast Guard District.

[FR Doc. 97–19780 Filed 7–25–97; 8:45 am]

BILLING CODE 4910–14–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD13–97–019]

RIN 2115–AA97

Safety Zone Regulation; Naval Air

Station Whidbey Island Air Show,

Puget Sound, Washington

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone on

the waters of Puget Sound from 11 a.m.

(PDT) to 5 p.m. (PDT) July 26 and 27,

1997. The Captain of the Port Puget

Sound, Seattle, Washington is taking the

following action to safeguard watercraft

and their occupants from the safety

hazards associated with high

performance aircraft conducting

complex maneuvers at high speeds and

low altitudes. The safety zone will

encompass the area beginning at the

shoreline at position latitude 48°20′20′′

N, longitude 122°41′20′′ W; thence to
Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Rules and Regulations 40277

position latitude 48°20′14′′ N, longitude

122°44′23′′ W; thence to position

latitude 48°19′41′′ N, longitude

122°44′20′′ W; thence to the shoreline at

position latitude 48°19′47′′ N,

122°41′27′′ W; thence along the

shoreline of Whidbey Island to the point

of origin. It is effective July 26 and 27,

1997 from 11 a.m. (PDT) to 5 p.m.

(PDT). Entry into this safety zone is

prohibited unless authorized by the

Captain of the Port.

EFFECTIVE DATE: This regulation is

effective on July 26 and 27, 1997, from

11 a.m. (PDT) to 5 p.m. (PDT) on each

day.

ADDRESSES: Unless otherwise indicated,

documents referred to in this preamble

are available for inspection and copying

at U.S. Coast Guard Marine Safety Office

Puget Sound, 1519 Alaskan Way South,

Building 1, Seattle, Washington 98134.

Normal office hours are between 7 a.m.

and 5 p.m., Monday through Friday,

except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LT

J.B. Roberts, c/o Captain of the Port

Puget Sound, 1519 Alaskan Way South,

Seattle, Washington 98134, (206)

217–6232.

SUPPLEMENTARY INFORMATION: Pursuant

to 5 U.S.C. 553, a notice of proposed

rulemaking has not been published for

this regulation and good cause exists for

making it effective less than 30 days

from the date of publication in the

Federal Register. Publishing a NPRM

would be contrary to the public interest

since immediate action is necessary to

ensure the safety vessels and spectators

operating in the area of the air show.

Notice of the event was not provided to

the Coast Guard until two weeks prior

to the event. Therefore, sufficient time

was not available to publish the

proposed rules in advance of the event

or to provide a delayed effective date. If

normal notice and comment procedures

were followed, this rule would not

become effective until after the date of

the event. For this reason, following

normal rulemaking procedures in this

case would be impracticable and

contrary to the public interest.

Background and Purpose

The Coast Guard is adopting a

temporary safety zone regulation for the

U.S. Naval Air Station Whidbey Island

SEA ‘N SKY FEST which features a

number of air show performances

including the USAF THUNDERBIRDS.

The safety zone encompasses the area

beginning at the shoreline at position

latitude 48°20′20′′ N, longitude

122°41′20′′ W; thence to position

latitude 48°20′14′′ N, longitude

122°44′23′′ W; thence to position

latitude 48°19′41′′ N, longitude

122°44′20′′ W; thence to the shoreline at

position latitude 48°19′47′′ N,

122°41′27′′ W; thence along the

shoreline of Whidbey Island to the point

of origin. The zone is needed to protect

watercraft and their occupants, who

may wish to view the air shows in close

quarters, from safety hazards associated

with high performance aircraft

conduction complex maneuvers at high

speeds. This safety zone will be

enforced by representatives of the

Captain of the Port Puget Sound, Seattle,

Washington. The Captain of the Port

may be assisted by other Federal, state,

and local agencies.

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 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

expectation is based on the fact that the

regulated area established by the

proposed regulation is outside the Puget

Sound traffic separation scheme and

will have minimal impact on vessel

transiting this area. The safety zone is

centered on a line extending from the

NAS runway on a heading of 247°

Magnetic. The regulated area resembles

a rectangle 2 nautical miles in length

and 1000 yards in width, encompassing

an area of approximately 3.2 square

miles.

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 field and that otherwise qualify

as ‘‘small business concerns’’ under

section 3 of the Small Business Act (15

U.S.C. 632). Because the impacts of this

proposal are expected to be minimal,

the Coast Guard certifies under 5 U.S.C.

605(b) that this final 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

final rule in accordance with the

principles and criteria contained in

Executive Order 12612 and has

determined that this final rule does not

have sufficient federalism implications

to warrant the preparation of a

Federalism Assessment.

Environmental Assessment

The Coast Guard has considered the

environmental impact of this rule and

has concluded that under Section

2.B.2.e. of Commandant Instruction

M16475.1B, it is categorically excluded

from further environmental

documentation.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reports and recordkeeping

requirements, Security measures,

Waterways.

Final Regulation

For the reasons set out in the

preamble, the Coast Guard amends part

165 of Title 33, Code of Federal

Regulations, 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.T13–016 is

added to read as follows:

§ 165.T13–016 Safety Zone; Naval Air

Station Whidbey Island Air Show, Puget

Sound, WA.

(a) Location. The following area is a

safety zone: All waters of Puget Sound

bounded by a line commencing at

position latitude 48°20′20′′ N, longitude

122°41′20′′ W; thence to position

latitude 48°20′14′′ N, longitude

122°44′23′′ W; thence to position

latitude 48°19′41′′ N, longitude

122°44′20′′ W; thence to the shoreline at

position latitude 48°19′47′′ N, longitude

122°41′27′′ W; thence along the

shoreline of Whidbey Island to the point

of origin. All coordinates reference

datum 1983. The area represents a 2

nautical mile long by 1000 yard wide

rectangle that extends from the west end

of the NAS Whidbey Island runway on

a heading of 247°M.

(b) Regulations. In accordance with

the general regulations in § 165.23 of
40278 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Rules and Regulations

this part, no person or vessel may enter

or remain in this zone, except for

participants in the event, supporting

personnel, vessels registered with the

event organizer, or other vessels

authorized by the Captain of the Port or

his designated representatives. Effective dates. This regulation

becomes effective on July 26 and 27,

1997, from 11 a.m. (PDT) to 5 p.m.

(PDT) each day, unless sooner

terminated by the Captain of the Port.

Dated: July 18, 1997.

Myles S. Boothe,

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

Port Puget Sound.

[FR Doc. 97–19783 Filed 7–25–97; 8:45 am]

BILLING CODE 4910–14–M

DEPARTMENT OF DEFENSE

Department of the Army; Corps of

Engineers

33 CFR Part 334

Danger Zone, Pacific Ocean, Naval Air

Weapons Station, Point Mugu, Ventura

County, California

AGENCY: U.S. Army Corps of Engineers,

DoD.

ACTION: Interim final rule.

SUMMARY: This interim final rule invites

comments on the Corps proposal to

establish a danger zone in the waters of

the Pacific Ocean extending 5,000

meters offshore from the small arms

range at the Naval Air Weapons Station,

Point Mugu, Ventura County, California.

The danger zone would provide an

appropriate and enforceable zone in

which the Navy may conduct small

arms test firing to qualify military and

civilian security personnel.

DATES: Interim final rule effective July

28, 1997. Written comments must be

submitted on or before August 27, 1997.

ADDRESSES: HQUSACE, CECW–OR,

Washington, DC 20314–1000.

FOR FURTHER INFORMATION CONTACT: Ms.

Tiffany Welch at (805) 641–2935 or Mr.

Ralph Eppard at (202) 761–1783.

SUPPLEMENTARY INFORMATION: The

Commander, Naval Air Weapons

Station, Point Mugu, has requested that

the Corps establish a danger zone in the

waters of the Pacific Ocean north of

Point Mugu. The area will be open to

public use at all times except when the

Navy is using the firing range on shore.

The Navy will give advance notice of

closure of the area by local newspapers,

VHF radio, contact with individual

vessels and contact with certain fishing

organizations. There are no anticipated

navigational hazards or interference

with existing traffic. General public use

of the area is restricted due to ongoing

naval activities. Therefore, no loss of

resources or use of resources would be

borne by the public. On February 28,

1997, the Corps Los Angeles District

Engineer issued a public notice

soliciting comments on this proposed

danger zone to all known interested

parties. The District did not receive any

objections to the establishment of the

danger zone. In view of the existing

threat to public safety within this area,

this interim final rule is effective upon

publication in the Federal Register. The

Corps will consider all comments

received in response to this interim final

rule and in the event substantive

comments are received, the Corps will

take appropriate action which may

include further revision or suspension

of the rules.

Economic Assessment and Certification

This interim final rule is issued with

respect to a military function of the

Defense Department and the provisions

of Executive Order 12291 do not apply.

This interim final rule has been

reviewed under the Regulatory

Flexibility Act (P.L. 96–354), which

requires the preparation of a regulatory

flexibility and analysis for any

regulation that will have significant

economic impact on a substantial

number of small businesses (i.e., small

businesses and small Government

jurisdictions). It has been determined

that establishment of this danger zone

would have practically no impact on the

public, no anticipated navigational

hazard or interference with existing

waterway traffic and accordingly, the

Corps certifies that this proposal if

adopted, will have no significant

economic impact on small entities and

preparation of a regulatory flexibility

analysis is not warranted.

Review Under the National

Environmental Policy Act

An environmental assessment has

been prepared for this action. We have

concluded that the establishment of the

danger zone off Point Mugu will not

have a significant impact to the human

environment and preparation of an

environmental impact statement is not

required. The environmental assessment

may be reviewed at the Los Angeles

District Office. Please contact Ms.

Tiffany Welch at (805) 641–2935 for

further information.

Unfunded Mandates Act

This interim final rule does not

impose an enforceable duty among the

private sector and, therefore, is not a

Federal private sector mandate and is

not subject to the requirements of

Section 202 or 205 of the Unfunded

Mandates Act. We have also found

under Section 203 of the Act, that small

Governments will not be significantly

and uniquely affected by this

rulemaking.

Submission to Congress and the

General Accounting Office

Pursuant to Section 801(a)(1)(A) of the

Administrative Procedure Act as

amended by the Small Business

Regulatory Enforcement Fairness Act of

1996, the Army has submitted a report

containing this interim final rule to the

U.S. Senate, House of Representatives,

and the Comptroller General of the

General Accounting Office. This interim

final rule is not a major rule within the

meaning of Section 804(2) of the

Administrative Procedure Act, as

amended.

List of Subjects in 33 CFR Part 334

Danger Zones, Navigation (water),

Transportation.

In consideration of the above, the

Corps of Engineers is amending part 334

of title 33 to read as follows:

PART 334—DANGER ZONE AND

RESTRICTED AREA REGULATIONS

1. The authority citation for part 334

continues to read as follows:

Authority: 40 Stat. 226; (33 U.S.C. 1) and

40 Stat. 892; (33 U.S.C. 3).

2. Add § 334.1125 to read as follows:

§ 334.1125 Pacific Ocean Naval Air

Weapons Station, Point Mugu, Small Arms

Range, Ventura County, California; danger

zone

(a) The area. A triangular area

extending southerly into the waters of

the Pacific Ocean from a point on the

beach north of Point Mugu, California,

as follows:

Station Latitude Longitude

1 ............. 34°05′48′′ N ..... 119°07′03′′ W.

2 ............. 34°03′20′′ N ..... 119°08′16′′ W.

3 ............. 34°03′11′′ N ..... 119°07′39′′ W.

4 ............. 34°05′42′′ N ..... 119°06′59′′ W.

5 ............. 34°05′41′′ N ..... 119°06′51′′ W.

6 ............. 34°05′45′′ N ..... 119°06′52′′ W.

(b) The regulations. (1) Range firing

will normally take place between 7 a.m.

and 5 p.m. Monday through Friday.

(2) The danger zone may be used at

all times for navigation and fishing,

except when advance notice of intention

to use this area has been given by the

enforcing agency by one or more of the

following means:

(i) Notice published in Ventura

County daily newspaper, at least two