46670 Federal Register / Vol. 62, No. 171 / Thursday, September 4, 1997 / Rules and Regulations

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.

Environment

The Coast Guard considered the

environmental impact of this rule and

concluded that, under section

2.b.2.e(34)(h) of Commandant

Instruction M16475.1b (as amended, 61

FR 13564; 27 March 1996), this rule is

categorically excluded from further

environmental documentation.

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 amends 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. Section 100.501 is amended by

revising paragraph (c) and adding Table

1 to read as follows:

§ 100.501 Norfolk Harbor, Elizabeth River,

Norfolk, Virginia and Portsmouth, Virginia.

* * * * *

(c) Effective periods. This section is

effective annually for the duration of

each marine event listed in Table 1, or

as otherwise specified in the Coast

Guard Local Notice to Mariners and a

Federal Register notice. The Coast

Guard Patrol Commander will announce

by Broadcast Notice to Mariners the

specific time periods during which the

regulations will be enforced.

TABLE 1 OF § 100.501

Harborfest:

Sponsor: Festevents, Ltd.

Date: First Friday, Saturday, and Sunday

in June

Great American Picnic:

Sponsor: Festevents, Ltd.

Date: July 4

Cock Island Race:

Sponsor: Ports Events, Inc.

Date: Third Saturday in July

Rendezvous at Zero Mile Marker:

Sponsor: Ports Events, Inc.

Date: Third Saturday in August

US Navy Fleet Week Celebration:

Sponsor: U.S. Navy

Date: Second Friday in October

Holidays in the City:

TABLE 1 OF § 100.501—Continued

Sponsor: Festevents, Ltd.

Date: Fourth Saturday in November

New Years Eve Fireworks Display:

Sponsor: Festevents, Ltd.

Date: December 31

Dated: May 30, 1997.

Roger T. Rufe, Jr.,

Vice Admiral, U.S. Coast Guard Commander,

Fifth Coast Guard District.

[FR Doc. 97–23445 Filed 9–3–97; 8:45 am]

BILLING CODE 4910–14–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01–97–089]

RIN 2115–AA97

Safety Zone: Harbor Festival Fireworks

Display, Greenport, NY

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone,

September 27, 1997, for the Harbor

Festival Fireworks Display to be held in

Greenport Harbor, Greenport, NY. This

temporary safety zone is needed to

protect persons, facilities, vessels and

others in the maritime community from

the safety hazards associated with this

fireworks display. Entry into this safety

zone is prohibited unless authorized by

the Capital of the Port or the Coast

Guard Patrol Commander.

EFFECTIVE DATE: This regulation is

effective September 27, 1997, from 8:45

p.m. until 10:15 p.m.

ADDRESSES: Documents relating to this

temporary final rule are available for

inspection and copying at U.S. Coast

Guard Group Long Island Sound, 120

Woodward Ave., New Haven, CT 06512.

Normal office hours are between 8:00

a.m. and 4:00 p.m., Monday through

Friday, except holidays. Comments may

also be faxed to this address. Our fax

number is (203) 468–4445.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Commander T.J. Walker,

Chief of Port Operations, Captain of the

Port, Long Island Sound at (203) 468–

4444.

SUPPLEMENTARY INFORMATION:

Regulatory History

Pursuant to 5 U.S.C. 553, good cause

exists for not publishing a notice of

proposed rulemaking (NPRM) and for

making this rule effective in less than 30

days after Federal Register publication.

The sponsor of the event did not

provide the Coast Guard with the final

details for the event in sufficient time to

publish a NPRM or a final rule 30 days

in advance. The delay encountered if

normal rulemaking procedures were

followed would effectively cancel the

event. Cancellation of this event is

contrary to the public interest since the

fireworks display is for the benefit of the

public.

Background and Purpose

The sponsor, East End Maritime

Museum, of Greenport, NY, requested

that a fireworks display be permitted in

Greenport Harbor, Greenport, NY. This

regulation establishes a temporary safety

zone in all waters of Greenport Harbor

within a 600 foot radius of the fireworks

barges. The safety zone is in effect on

September 27, 1997, from 8:45 p.m.

until 10:15 p.m. and is necessary to

protect the maritime community from

the safety hazards associated with this

fireworks display. Entry into or

movement within this zone will be

prohibited unless authorized by the

Captain of the Port or the Coast Guard

Patrol Commander.

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 rule to be so minimal that

a full Regulatory Evaluation under

paragraph 10e of the regulatory policies

and procedures of DOT is unnecessary.

Entry into this zone will be restricted for

a brief period of time on September 27,

1997, the effect of this regulation will

not be significant for several reasons:

the duration of the event is limited; the

event is at a late hour; and extensive,

advance maritime advisories will be

made.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.), the Coast Guard

considers whether this proposal 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
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