Federal Register / Vol. 62, No. 192 / Friday, October 3, 1997 / Rules and Regulations 51779

Captain of the Port assigned to enforce

this safety zone may authorize

commercial vessels to pass through the

safety zone on a case-by-case basis.

Small Entities

Under the Regulatory Flexibility Act

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

must consider whether this final 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). For the reasons outlined in

the Regulatory Evaluation above, the

Coast Guard expects the impact of this

final rule to be minimal on all entities.

Therefore, 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 final rule contains no collection

of information requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.)

Federalism

This action has been analyzed in

accordance with the principles and

criteria contained in Executive Order

12612, and it has been determined that

the proposed rulemaking 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 final rule

and has concluded that, under section

2.B.2.c. of Commandant Instruction

M16475.1B, it is categorically excluded

from further environmental

documentation. A Categorical Exclusion

Determination will be made available in

the rulemaking docket.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting 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 section 165.T13020 is

added to read as follows:

§ 165.T13020 Safety Zone: Columbia River,

Vancouver, WA.

(a) Location: The following area is a

safety zone: All waters of the Columbia

River in the vicinity of Vancouver,

Washington, extending approximately

500 feet on both sides of the I–5 bridge

from the Washington shore to the

alternate barge channel. More

specifically, this area is all waters of the

Columbia River bounded by a line

commencing at the Washington shore

position 45°37.307′N latitude,

122°40.573′W longitude; thence to

position 45°37.268′N latitude,

122°40.599′W longitude; thence to

position 45°37.166′N latitude,

122°40.544′W longitude; thence to

position 45°37.131′N latitude,

122°40.415′W longitude; thence to

position 45°37.202′N latitude,

122°40.316′W longitude; thence to the

Washington shore at position

45°37.240′N latitude, 122°40.293′W

longitude; thence returning along the

Washington shoreline to the point of

origin.

(b) Definitions: The designated

representative of the Captain of the Port

is any Coast Guard commissioned,

warrant, or petty officer who has been

authorized by the Captain of the Port

Portland, to act on his behalf. The

following officers have or will be

designated by the Captain of the Port:

The Coast Guard Patrol Commander, the

senior boarding officer on each vessel

enforcing the safety zone, and the Duty

Officer at Coast Guard Group, Portland,

Oregon.

(c) Regulations: (1) In accordance with

the general regulations in § 165.23, entry

into this safety zone is prohibited unless

authorized by the Captain of the Port or

his designated representatives.

(2) A succession of sharp, short

signals by whistle, siren, or horn from

vessels patrolling or by the person

acting under the area under the

direction of the Patrol Commander shall

serve as a signal to stop. Vessels or

persons signalled shall stop and comply

with the orders of the patrol vessels;

failure to do so may result in expulsion

from the area, citation for failure to

comply, or both.

(d) Effective Dates: This section is

effective on September 16, 1997, at 5

a.m. (PDT) and terminates on October 8,

1997, at 1 p.m. (PDT), unless sooner

terminated by the Captain of the Port.

Dated: September 4, 1997.

M.J. Hall,

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

Port.

[FR Doc. 97–26336 Filed 10–2–97; 8:45 am]

BILLING CODE 4910–14–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[[COTP] Tampa 97–046]

RIN 2115–AE84

Regulated Navigation Area; Egmont

Channel, Tampa Bay, FL

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: This final rule removes the

regulated navigation area on the Egmont

Channel. The Channel has been dredged

and the restriction of one way vessel

movement for vessels with drafts in

excess of 36 feet are no-longer required.

DATES: This rule is effective on

November 3, 1997.

ADDRESSES: Documents referred to in

this preamble are available for

inspection and copying at U.S. Coast

Guard Marine Safety Office Tampa, 155

Columbia Drive, Tampa, FL 33606

between 7:30 a.m. and 3:30 p.m.

Monday through Friday, except federal

holidays.

FOR FURTHER INFORMATION CONTACT:

LT Murk, Project Manager, Coast Guard

Marine Safety Office Tampa, at (813)

228–2189.

SUPPLEMENTARY INFORMATION:

Background and Purpose

This final rule cancels the Regulated

Navigation Area on the Egmont

Channel. Pursuant to 5 U.S.C. 553, a

notice of proposed rulemaking has not

been published for this regulation. This

Regulated Navigation Area was created

because of shoaling in the channel that

posed possible impediments for vessels

with drafts in excess of 36 feet when

meeting or passing in the channel. The

channel has been dredged, and nolonger poses a danger for vessels with

drafts in excess of 36 feet. Consequently,

the regulated navigation area is nolonger required.

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
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