Federal Register / Vol. 62, No. 171 / Thursday, September 4, 1997 / Rules and Regulations 46671

governmental jurisdictions with

populations less than 50,000.

For the reasons addressed under the

Regulatory Evaluation above, the Coast

Guard finds that this rule will not have

a significant 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

action 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 rule and

concluded that under section 2.B.2.e. of

Commandant Instruction M16475.1B, as

revised by 59 FR 38654, July 29, 1994,

this rule is categorically excluded from

further environmental documentation.

A Categorical Exclusion

Determination and an Environmental

Analysis Checklist are included in the

docket and are available for inspection

or copying at the location indicated

under ADDRESSES. An appropriate

environmental analysis of the fireworks

program will be conducted in

conjunction with the marine event

permitting process.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reports and recordkeeping

requirements, Security measures,

Waterways.

For the reasons set out in the

preamble, the Coast Guard amends 33

CFR part 165 as follows:

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.T01–089, is

added to read as follows:

§ 165.T01–089 Harbor Festival Fireworks

Display, Greenport, NY.

(a) Location. The safety zone includes

all waters of Greenport Harbor, within

an 600 foot radius of the fireworks

barges, located in Greenport Harbor,

Greenport, NY, at approximate position

41°02.6′ N, 072°21.3′ W. (NAD 1983)

(b) Effective date. This section is

effective on September 27, 1997, from

8:45 p.m. until 10:15 p.m., unless

terminated sooner by the Captain of the

Port Long Island Sound.

(c) Regulations. The general

regulations contained in § 165.23 apply.

Dated: August 8, 1997.

P.K. Mitchell,

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

Port, Long Island Sound.

[FR Doc. 97–23443 Filed 9–3–97; 8:45 am]

BILLING CODE 4910–14–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Honolulu 97–003]

RIN 2115–AA97

Safety Zone: Waimanalo Bay, Oahu,

Hawaii

AGENCY: Coast Guard, DOT.

ACTION: Temporary rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone

offshore of Bellows Air Force Base

(AFB) in Waimanalo Bay on the island

of Oahu, Hawaii. The safety zone is a

square box approximately 4000 yards

wide by 4000 yards long. This zone is

needed to protect mariners and

observers from possible safety and

navigational hazards associated with a

joint U.S. Navy and U.S. Marine Corps

(USMC) amphibious landing of the

USMC Thirteenth Marine Expeditionary

Unit (MEU). Entry of vessels or persons

into this temporary zone is prohibited

unless authorized by the Captain of the

Port (COTP).

DATES: This regulation is effective from

September 3, 1997 through September 4,

1997.

ADDRESSES: Marine Safety Office,

Honolulu, Hawaii 96813.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Michael Heisler, Port Safety

and Security Branch, Marine Safety

Office, Honolulu, Hawaii, (808) 522–

8260.

SUPPLEMENTARY INFORMATION:

Background and Purpose

A joint U.S. Navy and U.S. Marine

Corps (USMC) amphibious landing of

the USMC Thirteenth Marine

Expeditionary Unit (MEU) will take

place at Bellows AFB, Oahu, Hawaii.

Four large U.S. Navy vessels will

maintain station within the safety zone

while launching and recovering various

amphibious craft and vehicles to

transport the Marines to Bellows AFB.

This regulation is intended to minimize

the risk to mariners and observers from

the amphibious landing operations by

keeping vessels and spectators at a safe

distance. The zone will be seaward of

Bellows AFB bounded by the

coordinates: water’s edge at

approximately 21°22.8′N, 157°40.4′W;

21°22.8′N, 157°42.3′W; 21°20.8′N,

157°40.4′W; water’s edge at

approximately 21°20.8′N, 157°42.2′W.

The safety zone will be enforced only

as long as is required for the landing

operations. The public will be advised

of the exact dates and times via

broadcast notice to mariners.

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

notice of proposed rule making was not

published for this regulation and good

cause exists for making it effective in

less than 30 days after Federal Register

This rule is effective in less than 30

days because it would be impracticable

to delay the effective date as the U.S.

Coast Guard was notified of the event

less than 30 days prior to the occurrence

of the event.

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 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.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601–612), the Coast Guard

considered whether this rule will have

a significant economic impact on a

substantial number of small entities.

‘‘Small entities’’ include small

businesses, not-for-profit organizations

that are independently owned and

operated and are not dominant in their

fields, and governmental jurisdictions

with populations of less than 50,000.

This regulation will be in effect for only

a short period and within a limited area.

Therefore, the Coast Guard certifies

under section 605(b) of the Regulatory

Flexibility Act (5 U.S.C. 601–612) that

this final rule will not have a significant

economic impact on a substantial

number of small entities.

Assistance for Small Entities

In accordance with section 213(a) of

the Small Business Regulatory
46672 Federal Register / Vol. 62, No. 171 / Thursday, September 4, 1997 / Rules and Regulations

Enforcement Fairness Act of 1996 (Pub.

L. 104–121), the Coast Guard will assist

small entities in understanding the rule

so that they can better evaluate its

effects on them and participate in the

rulemaking process. If you need

assistance in understanding this rule

contact the Coast Guard where indicated

under FOR FURTHER INFORMATION

CONTACT.

Collection of Information

This rule contains no information

collection requirements under the

Paperwork Reduction Act (44 U.S.C.

3501–3520).

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.

Unfunded Mandates Reform Act

Title II of the Unfunded Mandates

Reform Act of 1995 (UMRA), Public

Law 104–4 (109 Stat. 48), requires

Federal agencies to assess the effects of

certain regulatory actions on State,

local, and tribal governments and the

private sector. Under sections 202 and

205 of the UMRA, the Coast Guard

generally must prepare a written

statement of economic and regulatory

alternatives for proposed and final rules

that contain Federal mandates. The Act

applies if those mandates cause State,

local, and tribal governments, or the

private sector, to spend, in the

aggregate, $100 million or more in any

one year.

Because this action does not impose

new or additional enforceable duties on

any State, local or tribal government or

the private sector, it does not contain a

‘‘Federal mandate.’’ Even if the

requirements in this proposed action

were found to be Federal mandates, they

will not result in annual expenditures of

$100 million or more. Therefore, section

202 and 205 do not apply.

Section 203 of the UMRA also

requires the Coast Guard to develop a

small government agency plan before

the Coast Guard establishes any

regulatory requirements that may

significantly or uniquely affect small

governments. Because this rule contains

no regulatory requirements that might

significantly or uniquely affect small

governments, Section 203 of the UMRA

does not apply.

Environment

The Coast Guard considered the

environmental impact of this rule and

concluded that, under paragraph

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

Instruction M16475.1B (as revised by 59

FR 38654, July 29, 1994), this rule is

categorically excluded from further

environmental documentation. A

‘‘Categorical Exclusion Determination’’

is available in the docket for inspection

or copying where indicated under

ADDRESSES.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and recordkeeping

requirements, Security measures,

Vessels, Waterways.

For the 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;

and 33 CFR 1.05–1(g), 6.04–1, 6.04–6, and

160.5; 49 CFR 1.46.

2. A new temporary section is added

to read as follows:

§ 165.T14–002 Safety Zone; Waimanalo

Bay, Oahu, Hawaii

(a) Location. A safety zone is

established within an area bounded by

a line drawn between the following

points: water’s edge at approximately

21°22.8′N, 157°40.4′W; 21°22.8′N,

157°42.3′W; 21°20.8′N, 157°40.4′W;

water’s edge at approximately

21°20.8′N, 157°42.2′W.

(b) Effective date. This regulation is

effective from September 3, 1997

through September 4, 1997.

(c) Regulations. In accordance with

the general regulations in § 165.23 of

this part, entry into this zone is

prohibited, except as authorized by the

Captain of the Port, or the patrol

commander, via marine radio channel

16, VHF–FM.

Dated: August 27, 1997.

Frank L. Whipple,

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

Port.

[FR Doc. 97–23637 Filed 9–2–97; 1:50 pm]

BILLING CODE 4910–14–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

46 CFR Part 28

[CGD 96–046]

RIN 2115–AF35

Commercial Fishing Industry Vessel

Regulations

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: The Coast Guard is adopting

with some changes, as final, the interim

rule which established requirements for

safety equipment and vessel operating

procedures on commercial fishing

industry vessels. The Coast Guard

issued these regulations to improve the

overall safety of U.S. Commercial

Fishing Industry Vessels pursuant to the

Commercial Fishing Industry Vessel

Safety Act of 1988.

DATES: This final rule is effective on

October 6, 1997.

ADDRESSES: Documents as indicated in

this preamble are available for

inspection or copying at the office of the

Executive Secretary, Marine Safety

Council (G–LRA/3406), U.S. Coast

Guard Headquarters, 2100 Second

Street, SW., room 3406, Washington, DC

20593–0001, between 9:30 a.m. and 2

p.m., Monday through Friday, except

Federal holidays. The telephone number

is 202–267–1477.

FOR FURTHER INFORMATION CONTACT:

Commander John J. Davin, Office of

Operating and Environmental Standards

(G–MSO), telephone 202–267–1181, fax

202–267–4570.

SUPPLEMENTARY INFORMATION:

Regulatory History

Commercial Fishing Industry Vessel

Safety Act of 1988

On September 9, 1988, title 46 United

States Code, was amended in chapter 45

(Uninspected Commercial Fishing

Industry Vessels, sections 4501 through

4508) by the Commercial Fishing

Industry Vessel Safety Act of 1988,

Public Law 100–424 (‘‘the Act’’). The

Act requires the Secretary of

Transportation to prescribe regulations

for safety equipment and vessel

operating procedures on commercial

fishing industry vessels. The Secretary

further delegated the authority to

regulate commercial fishing vessels to

the commandant of the Coast Guard.

This rulemaking was initiated to

implement certain provisions of the Act.

This rulemaking does not include

requirements pertaining to immersion