51780 Federal Register / Vol. 62, No. 192 / Friday, October 3, 1997 / Rules and Regulations

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) (44FR 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

10(e) of the regulatory policies and

procedures of DOT is unnecessary. This

rule reduces the regulatory burdens on

shipping in the area by canceling a

regulated navigated area.

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’’ may include (1) small

businesses and not-for-profit

organizations that are independently

owned and operated are not dominant

in their fields and (2) governmental

jurisdiction with populations of less

than 50,000. For the reasons stated

above the Coast Guard finds that this

rule will not have a significant

economic impact on a substantial

number of small entities.

Collection of Information

This proposal contains no collection

of information requirements under the

Paperwork Reductions Act (44 U.S.C.

3501 et seq.).

Federalism

The Coast Guard has analyzed this

proposal in accordance with the

principals and criteria contained in

Executive Order 12612 and has

determined that this proposal 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 action,

and has determined pursuant to section

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

Instruction M16475.1B, that this action

is categorically excluded from further

environmental documentation. A

Categorical Exclusion Determination is

available in the docket for inspection or

copying.

Lists of Subjects in 33 CFR Part 165

Harbors, Marine Safety, Navigation,

(water), Reports and record keeping

requirements, Security Measures,

Waterways.

Regulations

For the reasons stated above, 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, 6.04–4, and 160.5;

49 CFR 1.46.

§ 165.709 [Removed]

2. Remove section 165.709.

Dated: September 23, 1997.

R.C. Olsen, Jr.,

Captain, U.S. Coast Guard, Acting

Commander, Seventh Coast Guard District.

[FR Doc. 97–26335 Filed 10–2–97; 8:45 am]

BILLING CODE 4910–14–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP San Diego, CA; 97–004]

RIN 2115–AA97

Safety Zone: San Diego Bay, CA

AGENCY: Coast Guard, DOT.

ACTION: Interim rule with request for

comments.

SUMMARY: The Coast Guard is

establishing a moving safety zone

encompassing all navigable waters

within 75 yards on all sides of the

dredge FLORIDA while the FLORIDA is

in the waters of San Diego Bay,

California. This regulation is needed to

restrict vessel traffic in the regulated

area so as to prevent collisions,

grounding or other navigational mishaps

during the San Diego Channel project.

Entry into, transit through, or anchoring

within the safety zone is prohibited

unless authorized by the Captain of the

Port San Diego, CA, or a designated

representative thereof.

DATES: This interim rule is effective

from 6 a.m. PDT on September 9, 1997

until 11:59 p.m. PDT on December 15,

1997. Comments on this interim rule

must be received on or before November

3, 1997.

ADDRESSES: Comments should be

mailed to Commanding Officer, Coast

Guard Marine Safety Office, 2716 N.

Harbor Dr., San Diego, CA 92101.

Comments received will be available for

inspection and copying within the Port

Safety Division at Marine Safety Office

San Diego. Normal office hours are 7

a.m. to 4 p.m., PDT, Monday through

Friday, except federal holidays.

The Marine Safety Office maintains

the public docket for this rulemaking.

Comments, and any documents

referenced in this preamble, will

become part of this docket and will be

available for inspection and copying at

the Marine Safety Office between 7 a.m.

PDT and 4 p.m. PDT, Monday through

Friday, except federal holidays.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Mike Arguelles, Chief, Port

Safety and Security Division, Marine

Safety Office San Diego, 2716 N. Harbor

Dr., San Diego, CA 92101; (619) 683–

6484.

SUPPLEMENTARY INFORMATION:

Request for Comments

Although this regulation is published

as an interim rule without prior notice,

an opportunity for public comment is

nevertheless desirable to ensure the

regulation is both reasonable and

workable. Accordingly, the Coast Guard

encourages interested persons to

participate in this rulemaking by

submitting written data, views, or

arguments. Persons submitting

comments should send them to the

office listed under ADDRESSES in this

preamble. Those providing comments

should identify the docket number

(COPT San Diego, CA; 97–004) for the

regulation, and the specific section of

this document to which each comment

applies. Also include your name,

address, and the reason(s) for each

comment. Please submit two copies of

all comments and attachments in an

unbound format, no larger than 8.5 by

11 inches, suitable for copying and

electronic filing. Persons wishing

acknowledgment of receipt of comments

should enclose a stamped, selfaddressed postcard or envelope.

The Coast Guard will consider all

comments received during the comment

period. Based upon the comments

received, the scope of the regulation

may be changed.

The Coast Guard plans no public

meetings. Persons may request a public

meeting by writing to Marine Safety

Office San Diego at the address listed

under ADDRESSES in this preamble. The

request should include the reasons why

a hearing would be beneficial. If it

determines that the opportunity for oral

presentations will aid this rulemaking,

the Coast Guard will hold a public

hearing at a time and place announced

by a later notice in the Federal Register.

Regulatory 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
Federal Register / Vol. 62, No. 192 / Friday, October 3, 1997 / Rules and Regulations 51781

less than 30 days after Federal Register

publication. Following normal

rulemaking procedures could not be

done in a timely fashion because the full

parameters of the safety zone necessary

to accommodate the dredging for the

San Diego Channel project were not

known until a date fewer than 30 days

prior to the project start date. For these

reasons, the Coast Guard finds good

cause, under 5 U.S.C. 553(b)(B) and

(d)(3), that notice, and public procedure

on the notice, before the effective date

of this rule are unnecessary and that this

rule should be made effective in less

than 30 days after publication.

Background and Purpose

Dredging for the San Diego Channel

project officially begins on September 9,

1997. This safety zone is necessary for

safeguarding recreational and

commercial vessels from the dangers of

the dredging activities in the project

area and to prevent interference with

vessels and barges engaged in these

operations.

Discussion of Interim Rule

This rule creates a safety zone

pursuant to the Ports & Waterways

Safety Act, 33 U.S.C. 1221 et seq. All

persons and vessels are prohibited from

entering into, transmitting through or

anchoring within the safety zone unless

authorized by the Captain of the San

Diego, CA, or a designated

representative thereof.

Regulatory Evaluation

This interim 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

regulation to be so minimal that a full

Regulatory Evaluation under paragraph

10(e) of the regulatory policies and

procedures of the Department of

Transportation is unnecessary. Only

minor delays to mariners are foreseen as

vessel traffic can be easily diverted

around the area of the safety zone.

Small Entities

Under the Regulatory Flexibility Act

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

considers the economic impact on small

entities of each rule for which a general

notice of proposed rulemaking is

required. 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 rule does not require a general

notice of proposed rulemaking and,

therefore, is exempt from the

requirements of the Regulatory

Flexibility Act. Although this rule is

exempt, the Coast Guard has reviewed

it for potential economic impact on

small entities and determined that the

rule is not expected to have a significant

economic impact on any entity

regardless of its size.

Therefore, the Coast Guard believes

that this rule will not have a significant

economic impact on any small entities.

If, however, you think that your

business or organization qualifies as a

small entity and that this rule will have

a significant economic impact on your

business or organization, please submit

a comment (see ADDRESSES) explaining

why you think it qualifies and in what

way and to what degree this rule will

economically affect it.

Collection of Information

This interim rule does not provide for

a collection of information under the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501 et seq).

Federalism

The Coast Guard has analyzed this

interim 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 interim

rule and concluded that under

paragraph 2.B.2 of Commandant

Instruction M16475.1B, this rule is

categorically excluded from further

environmental documentation. This

regulation is expected to have no

significant effect on the environment.

List of Subjects in 33 CFR Part 165

Harbors, Marine Safety, Navigation

(water), Reporting and recordkeeping

requirements, Security measures,

Waterways.

Regulation

For the reasons discussed in the

preamble, the Coast Guard amends

subpart F of 33 CFR Part 165 as follows:

PART 165—REGULATED NAVIGATION

AREAS AND LIMITED ACCESS AREAS

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. Section 165.T11–040 is added to

read as follows:

§ 165.T11–040 Safety Zone: San Diego

Bay, CA

(a) Location. A safety zone shall exist

around the dredge Florida, 75 yards on

all sides when the dredge Florida is

within the navigable waters of San

Diego Bay, CA.

(b) Effective Date. This regulation will

be in effect from 6:00 a.m. PDT on

September 9, 1997 until 11:59 p.m., PDT

December 15, 1997, unless canceled

earlier by the Captain of the Port.

(c) Regulations. In accordance with

the general regulations in § 165.23 of

this part, entry into, transit through, or

anchoring within this safety zone is

prohibited unless authorized by the

Captain of the Port San Diego, CA, or a

designated representative thereof.

Dated: September 9, 1997.

J.A. Watson, IV,

Commander, U.S. Coast Guard, Captain of

the Port, San Diego, California.

[FR Doc. 97–26334 Filed 10–2–97; 8:45 am]

BILLING CODE 4910–14–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01–97–104]

RIN 2115–AA97

Security Zone Regulations: New

London Harbor, CT

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: The Coast Guard is

disestablishing two of four existing

security zones in the Thames River,

New London, Connecticut. Security

Zone A and Security Zone D are being

disestablished as these zones were used

to safeguard moored Navy vessels which

no longer moor at the facilities in these

areas. The two remaining security

zones, Security Zone B and Security

Zone C shall remain in effect and will

be renamed Security Zones A and B

respectively.

DATES: This final rule is effective

October 3, 1997.

ADDRESSES: Documents relating to this

final rule are available for inspection