48768 Federal Register / Vol. 62, No. 180 / Wednesday, September 17, 1997 / Rules and Regulations

movement of all vessels in the regulated

area. The Patrol Commander may

terminate the event at any time it is

deemed necessary for the protection of

life and/or property and can be reached

on VHF–FM Channel 16 by using the

call sign ‘‘PATCOM’’.

(c) Effective Date: These regulations

will be effective from 1 p.m. to 4 p.m.

on September 13, 1997.

Dated: September 3, 1997.

Paul J. Prokop,

Captain, U.S. Coast Guard Commander,

Eighth Coast Guard District Acting.

[FR Doc. 97–24594 Filed 9–16–97; 8:45 am]

BILLING CODE 4910–14–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD 05–97–069]

RIN 2115–AE46

Special Local Regulations for Marine

Events; Chesapeake Airshow, Frog

Mortar Creek, Essex, Maryland

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: Special local regulations are

being adopted for the Chesapeake

Airshow to be held over Frog Mortar

Creek, Essex, Maryland. These special

local regulations are necessary to

provide for the safety of life and

property on U.S. navigable waters

during the event. The effect will be to

restrict general navigation in the

regulated area for the safety of

spectators and participants.

EFFECTIVE DATES: This temporary

regulation is effective from 10 a.m. to

5:30 p.m. EDT (Eastern Daylight Time)

on September 13 and September 14,

1997.

FOR FURTHER INFORMATION CONTACT:

Chief Warrant Officer R. Houck, Marine

Events Coordinator, Commander, Coast

Guard Activities Baltimore, 2401

Hawkins Point Road, Baltimore

Maryland, 21226–1791, telephone

number (410) 576–2674.

SUPPLEMENTARY INFORMATION: In

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

of proposed rulemaking was not

published for this regulation and good

cause exists for making it effective in

less than 30 days from the date of

publication. Following normal

rulemaking procedures would have

been impractical. The request to hold

the event was not received until August

18, 1997. Publishing a notice of

proposed rulemaking and delaying its

effective date would be contrary to

safety interests, since immediate action

is needed to protect vessel traffic from

the potential hazards associated with

the airshow.

Discussion of Regulations

On September 13 and 14, 1997, the

Essex-Middle River Chamber of

Commerce will sponsor the Chesapeake

Airshow. The event will consist of 15

aircraft flying at low altitudes in various

formations over Frog Mortar Creek.

These regulations are necessary to

control spectator craft and provide for

the safety of life and property on

navigable waters during 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 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 procedures of DOT

is unnecessary. Entry into the regulated

area will only be prohibited while the

aircraft are actually performing. Since

vessels will be allowed to transit the

event area between performances, the

impacts on routine navigation are

expected to be minimal.

Small Entities

Under the Regulatory Flexibility Act

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

must consider whether this rule 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).

The Coast Guard certifies under Section

605(b) of the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.) that this temporary

final rule will not have a significant

economic impact on a substantial

number of small entities, because the

regulations will only be in effect for a

short duration in a limited area.

Collection of Information

These regulations contain no

collection of information requirements

under the Paperwork Reduction Act of

1995 (44 U.S.C. 3501 et seq.).

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; March 27, 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.

Temporary Regulations

In consideration of the foregoing, Part

100 of Title 33, Code of Federal

Regulations is amended 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 100.35T–05–

069 is added to read as follows:

§ 100.35T–05–069 Frog Mortar Creek,

Essex, Maryland

(a) Definitions:

(1) Regulated area: The waters of Frog

Mortar Creek enclosed by:

Latitude Longitude

39°19′54.0′′ North 76°24′36.0′′ West

39°19′48.0′′ North 76°24′36.0′′ West

39°19′24.0′′ North 76°24′00.0′′ West

39°19′18.0′′ North 76°24′12.0′′ West

All coordinates reference Datum: NAD

1983.

(2) Coast Guard Patrol Commander.

The Coast Guard Patrol Commander is

a commissioned, warrant, or petty

officer of the Coast Guard who has been

designated by the Commander, Coast

Guard Activities Baltimore.

(b) Special Local Regulations:

(1) Except for persons or vessels

authorized by the Coast Guard Patrol

Commander, no person or vessel may

enter or remain in the regulated area.

(2) The operator of any vessel in this

area shall:

(i) Stop the vessel immediately when

directed to do so by any commissioned,

warrant, or petty officer on board a

vessel displaying a Coast Guard ensign.
Federal Register / Vol. 62, No. 180 / Wednesday, September 17, 1997 / Rules and Regulations 48769

(ii) Proceed as directed by any

commissioned, warrant or petty officer

on board a vessel displaying a Coast

Guard ensign.

(c) Effective dates: This regulation is

effective from 10 a.m. to 5:30 p.m. EDT

on September 13 and 14, 1997.

Dated: September 2, 1997.

Roger T. Rufe, Jr.,

Vice Admiral, U.S. Coast Guard Commander,

Fifth Coast Guard District.

[FR Doc. 97–24593 Filed 9–16–97; 8:45 am]

BILLING CODE 4910–14–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 155

[CGD 79–116]

RIN 2115–AA03

Qualifications for Tankermen and for

Persons in Charge of Transfers of

Dangerous Liquids and Liquefied

Gases

AGENCY: Coast Guard, DOT.

ACTION: Final rule; Extension of a

delayed compliance date, request for

comments.

SUMMARY: The Coast Guard establishes

an extended delay of the date for

compliance and invites further public

comments on the appropriate

qualifications for a person in charge of

the transfer of fuel oil as treated in the

final rule regulating Qualifications for

Tankermen and for Persons in Charge

(PICs) of Transfers of Dangerous Liquids

and Liquefied Gases, published on May

8, 1997 (62 FR 25115). The delay and

additional opportunity for comment are

necessary because much of the maritime

industry, especially the inland towing

segment, has expressed concern that it

was not aware of the rule, or was

confused about the section that governs

fueling. The delay and opportunity for

comment will ensure that the Coast

Guard fully considers all viewpoints.

EFFECTIVE DATE: The effective date of the

final rule published in the Federal

Register on May 8, 1997 (62 FR 25115)

remains June 9, 1997.

Compliance Dates: The compliance

date for the revisions to 33 CFR

155.710(e) introductory text, (e)(1),

(e)(2) and (e)(3) is July 1, 1998.

Furthermore, the compliance date for 33

CFR 155.710(e)(4), not revised in the

final rule, is July 1, 1998.

Comments: Comments must be

received by November 17, 1997.

ADDRESSES: You may mail comments to

the Executive Secretary, Marine Safety

Council (G–LRA, 3406) [CGD 79–116],

U.S. Coast Guard Headquarters, 2100

Second Street SW., Washington, DC

20593–0001, or deliver them to room

3406 at the above address between 9:30

a.m. and 2 p.m., Monday through

Friday, except Federal holidays. The

telephone number is 800–842–8740,

extension 7–1477.

FOR FURTHER INFORMATION CONTACT:

Mr. Mark C. Gould, Project Manager,

Maritime Personnel Qualifications

Division. The telephone number is 800–

842–8740, extension 7–6890.

SUPPLEMENTARY INFORMATION:

Delay of Date for Compliance

The Coast Guard establishes a further

delay of date for compliance with

§§ 155.710(e), (e)(1), (e)(2), (e)(3), and

(e)(4); The new date is July 1, 1998. The

delay for compliance will allow the

Coast Guard ample time to evaluate

comments received in response to this

notice.

Request for Comments

The Coast Guard encourages

interested persons to offer comments on

the issues set forth in this delay of date

for compliance and request for

comments. Persons submitting

comments should include their names

and addresses, identify the docket [CGD

79–116], and give the reason for each

comment. Please submit two copies of

all comments and attachments in an

unbound format, no larger than 81⁄2 x 11

inches, suitable for copying and

electronic filing. Persons wanting

acknowledgment of receipt of comments

should enclose stamped, self-addressed

postcards or envelopes.

Background and Purpose

On April 4, 1995, the Coast Guard

published an interim rule regulating

Qualifications for Tankermen and for

Persons in Charge of Transfers of

Dangerous Liquids and Liquefied Gases

[60 FR 17134]. On May 8, 1997, the

Coast Guard published a final rule

revising, among other things, the

language of 33 CFR 155.710(e) [62 FR

25115]. The final rule did not change

the requirements for fueling in 33 CFR

155.710(e), (e)(1), (e)(2), (e)(3), or (e)(4)

from those in the interim rule, but it

clarified the applicability of the section

and made clear that the regulation

covered more of the public than the

public had thought. Many members of

the maritime industry asked the Coast

Guard to delay the date of compliance

and to allow the opportunity for

additional comments on § 155.710(e).

The language of the interim rule had

led many operators of inland towboats

to assume that they could comply with

either paragraph 155.710(e)(1) or (2).

Paragraph (1) requires that the PIC on an

inspected or uninspected vessel,

required by 46 U.S.C. 8904(a) to have a

licensed person aboard, hold a license

that authorizes service on that vessel as

master, mate, pilot, engineer, or

operator, or hold a valid MMD endorsed

as Tankerman-PIC or Tankerman-PIC

(Barge), appropriate to the fuel oil and

vessel. Paragraph (2) requires that,

aboard each uninspected vessel of 100

or more gross tons, the PIC of the

transfer of fuel oil be instructed both in

his or her duties and in the Federal

statutes and regulations on water

pollution that apply to the vessel. But,

as the final rule made plain, paragraph

(2) covers only uninspected vessels of

100 or more gross tons not already

covered by paragraph (1). And, since

each uninspected towing vessel (UTV)

of more than 26 feet in length must

carry aboard a person licensed to

operate that type of vessel under 46

U.S.C. 8904, each of those UTVs must

comply with paragraph (1).

After the Coast Guard published the

final rule, it learned that from 2,500 to

3,000 mariners will need to obtain the

licenses or merchant mariners’

documents (MMDs) under paragraphs

155.710(e)(1). To obtain these

credentials takes both professional

experience and formal training. It will

also take more training facilities than

are now available. For this reason, on

July 11, 1997, the Coast Guard

published a notice [62 FR 37134]

delaying the date for compliance with

§ 155.710(e), in its entirety, until

January 1, 1998.

An important change in the final rule

affected § 155.710(e). The PIC may now

hold a merchant mariner’s document

(MMD) instead of a license. But the

MMD must be endorsed as either (1)

restricted Tankerman-PIC (as described

in the final rule under § 13.111(b)); (2)

Tankerman-PIC (as described in the

final rule under § 13.201); or, for barges

only, (3) Tankerman-PIC (Barge) (as

described in the final rule under

§ 13.301). As the Coast Guard stressed in

the final rule, it always intended for

§ 155.710(e)(1) to apply to UTVs.

Allowing a second person to serve as

PIC was appropriate to alleviate the

burden on the operator of an

uninspected towing vessel (OUTV)

during transfers of fuel under way,

when the operator’s attention and

presence are necessary in the

wheelhouses to ensure the safe

navigation of their vessels. Most UTVs

carry just one or two OUTVs. While one

is navigating the vessel, the other must

be getting his or her mandatory rest