Federal Register / Vol. 62, No. 223 / Wednesday, November 19, 1997 / Rules and Regulations 61629

deemed necessary under the provisions

of the Unfunded Mandates Reform Act

of 1995.

Small Business Regulatory Enforcement

Fairness Act of 1996

This rule is not a major rule as

defined by § 804 of the Small Business

Regulatory Enforcement Fairness Act of

1996. This rule will not result in an

annual effect on the economy of

$100,000,000 or more; a major increase

in cost or prices; or significant adverse

effects on competition, employment,

investment, productivity, innovation, or

on the ability of United States-based

companies to compete with foreignbased companies in domestic and

export markets.

List of Subjects in 28 CFR Part 50

Medals.

PART 50—STATEMENTS OF POLICY

Accordingly, the Interim Rule

amending 28 CFR part 50 which was

published at 61 FR 49259 on September

19, 1996, is adopted as a final rule

without change.

Dated: November 14, 1997.

Laurie Robinson,

Assistant Attorney General, Office of Justice

Programs.

[FR Doc. 97–30402 Filed 11–18–97; 8:45 am]

BILLING CODE 4410–18–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD07–97–054]

RIN 2115–AE46

Special Local Regulations: City of

Pompano Annual Christmas Boat

Parade, Pompano Beach, Florida

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing temporary special local

regulations for the City of Pompano

Annual Christmas Boat Parade. This

event will be held Sunday, December

14, 1997, between 5 p.m. and 10 p.m.

Eastern Standard Time (EST). There will

be approximately 150 participants and

75 spectator craft. The resulting

congestion of navigable channels creates

an extra or unusual hazard in the

navigable waters. These regulations are

necessary to provide for the safety of life

of navigable waters during the event.

DATES: These regulations become

effective on December 14, 1997, from 5

p.m. to 10 p.m. EST.

FOR FURTHER INFORMATION CONTACT:

LTJG J. Delgado, Coast Guard Group

Miami, FL at (305) 535–4409.

SUPPLEMENTARY INFORMATION:

Background and Purpose

The City of Pompano Annual

Christmas Boat Parade is a nighttime

parade of approximately 150 pleasure

and fishing boats ranging in length from

23 feet to 125 feet decorated with

holiday lights. There will be

approximately 75 spectator craft. The

parade will form in the staging area at

Lake Santa Barbara then proceed north

up the Intracoastal Waterway (ICW) to

the Hillsboro Boulevard Bridge where

the parade will disband.

The regulated area will include the

Intracoastal Waterway from Pompano

Beach daybeacon 74 LLNR 47230 to

State Road 810 Bridge (ICW mile marker

1050). While the parade is transiting,

these regulations will prohibit

nonparticipating vessels from

approaching within 500 feet ahead of

the lead vessel in the parade to 500 feet

astern of the last participating vessel in

the parade to within 50 feet on either

side of the parade unless authorized by

the patrol commander. After the passage

of the parade participants, all vessels

will be allowed to resume normal

operations.

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 after Federal Register

publication. Publishing an NPRM and

delaying its effective date would be

contrary to national safety interests

since immediate action is needed to

minimize potential danger to the public,

as the Coast Guard was only given

notice of the date of the parade less than

five weeks before the event.

Regulatory Evaluation

This proposal is not a significant

regulatory action under Section 3(f) of

the Executive Order 12866 and does not

require an assessment of the 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

proposed 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 the regulated area is

prohibited for only five hours on the

day of the event.

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 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.

Therefore, the Coast Guard certifies

under 5 U.S.C 605(b) that this rule

would not have a significant economic

impact on a substantial number of small

entities as the regulations would only be

in effect for approximately five hours in

a limited area of the intracoastal

waterway.

Collection of Information

These proposed regulations contain

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 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 proposal

consistent with Section 2.B.2 of

Commandant Instruction M16475.1B. In

accordance with that section, this

proposed action has been

environmentally assessed (EA

completed), and the Coast Guard has

concluded that it will not significantly

affect the quality of the human

environment. An Environmental

Assessment and a Finding of No

Significant Impact have been prepared

and are available in the docket for

inspection or copying.

List of Subjects in 33 CFR Part 100

Marine safety, Navigation (water),

Reporting and recordkeeping

requirements, Waterways.

Temporary Regulations: In

consideration of the foregoing, the Coast

Guard amends part 100 of Title 33, Code

of Federal Regulations, as follows:
61630 Federal Register / Vol. 62, No. 223 / Wednesday, November 19, 1997 / Rules and Regulations

PART 100—[AMENDED]

1. The authority citation for Part 100

continues to read as follows:

Authority: 33 U.S.C. 1233 through 1236; 49

CFR 1.46 and 33 CFR 100.35.

2. A new temporary section 100.35T–

07–054 is added to read as follows:

§ 100.35T–07–054 City of Pompano Annual

Christmas Boat Parade, Pompano Beach

Florida

(a) Regulated Area. The regulated area

is established surrounding the parade

participants as they transit the parade

route. Nonparticipant vessels will be

prohibited from entering an area

encompassing 50 feet on either side of

the north-south axis of the parade. The

axis extends from 500 feet ahead of the

lead vessel in the parade to 500 feet

astern of the last participating vessel in

the parade as the parade transit north in

the Intracoastal Waterway (ICW) from

Lake Santa Barbara, the staging area of

the parade, to the Hillsboro Boulevard

Bridge, where the parade will disband.

The regulated area will include the

Intracoastal Waterway from Pompano

Beach daybeacon 74 LLNR 47230 to

State Road 810 bridge (ICW mile marker

1050).

(b) Special Local Regulations.

(1) While the parade is transiting,

nonparticipating vessels are prohibited

from approaching within 500 feet ahead

of the lead vessel in the parade to 500

feet astern of the last participating

vessel in the parade to within 50 feet on

either side of the parade unless

authorized by the Patrol Commander.

Anchoring in the viewing area is

prohibited unless authorized by the

Patrol Commander. Entry or anchoring

in the staging area is prohibited, unless

authorized by the Patrol Commander.

After the passage of the parade

participants, all vessels may resume

normal operations.

(2) A succession of not fewer than five

short whistle or horn blasts from a

patrol vessel will be the signal for any

nonparticipating vessel to stop

immediately. The display of an orange

distress smoke signal from a patrol

vessel will be the signal for any and all

vessels to stop immediately.

(c) Dates. These regulations become

effective on December 14, 1997, from 5

p.m. to 10 p.m. EST.

Dated: November 6, 1997.

Norman T. Saunders,

Rear Admiral, U.S. Coast Guard, Commander,

Seventh Coast Guard District.

[FR Doc. 97–30291 Filed 11–18–97; 8:45 am]

BILLING CODE 4910–14–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Los Angeles-Long Beach, CA; 97–

007]

RIN 2115–AA97

Safety Zone: Los Angeles Harbor-San

Pedro Bay, CA

AGENCY: Coast Guard, DOT.

ACTION: Interim rule with request for

comments.

SUMMARY: The Coast Guard is revising

the two safety zones associated with the

dredging and landfill activities for stage

II of the Pier 400 project. The Coast

Guard is also adding a new moving

safety zone surrounding the Dredge

FLORIDA when it is in the waters of Los

Angeles Harbor and San Pedro Bay, CA,

and engaged in dredging operations

associated with the Pier 400 project.

DATES: This regulation will be in effect

from 6 a.m. PDT on July 22, 1997 until

11:59 p.m. PST on December 31, 1999.

Comments must be received on or

before January 20, 1998.

ADDRESSES: Comments should be

mailed to Commanding Officer, Coast

Guard Marine Safety Office, 165 N. Pico

Avenue, Long Beach, CA 90802.

Comments received will be available for

inspection and copying within the Port

Safety Division at Marine Safety Office

Los Angeles-Long Beach. Normal office

hours are 8 a.m. to 4 p.m., PDT, Monday

through Friday, except federal holidays.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Keith Whiteman, Chief, Port

Safety and Security Division, Marine

Safety Office Los Angeles-Long Beach.

SUPPLEMENTARY INFORMATION:

Regulatory Information

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

notice of proposed rulemaking was not

published for this regulation and it is

being made effective in less than 30

days after Federal Register publication.

Following normal rulemaking

procedures could not be done in a

timely fashion in that the sequence of

construction activities, location of work,

selection of a contractor, and the

issuance of a notice to proceed for Stage

II of the Pier 400 project were not

finalized until a date fewer than 30 days

prior to the anticipated start of work.

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, persons wishing

to comment may do so by submitting

written comments to the office listed

under ADDRESSES in this preamble.

Those providing comments should

identify the docket number (COTP Los

Angeles-Long Beach, CA; 97–007) for

the regulation and also include their

name, address, and reason(s) for each

comment presented. persons wanting

acknowledgment of receipt of comments

should enclose a stamped, selfaddressed postcard or envelope. 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 Los Angeles-Long Beach at the

address listed under ADDRESSES in this

preamble.

Background and Purpose

Construction associated with the Pier

400 project referenced in 33 CFR part

165.1110 has progressed to stage II.

Consequently, the dredging and landfill

activities necessary to complete the

project have been expanded, and the

existing safety zones no longer provide

an appropriate level of safety. This rule

expands those safety zones, and adds a

new, moving safety zone surrounding

the Dredge FLORIDA whenever it is

engaged in dredging activities

associated with the Pier 400 project.

The Dredge FLORIDA was not

utilized during stage I of the Pier 400

project. Consequently, the moving safety

zone surrounding the Dredge FLORIDA

was not necessary during stage I of the

Pier 400 project, but it is now essential

given the expanded scope of stage II of

the Pier 400 project.

This regulation is needed to restrict

vessel traffic in the regulated areas to

prevent collisions, groundings, or other

navigational mishaps. Entry into, transit

through, or anchoring within any of the

safety zones is prohibited unless

authorized by the Captain of the Port

Los Angeles-Long Beach, CA.

Discussion of Regulation

This rulemaking accomplishes three

things with respect to the Pier 400

project. It expands the two existing

safety zones referenced in 33 CFR part

165.1110, and it adds a third, moving

safety zone surrounding the Dredge

FLORIDA. This rulemaking is necessary

because the construction activities

associated with the Pier 400 project

have progressed from stage I to stage II.

Consequently, the geographic scope of

the construction area is now larger, and

the services of the Dredge FLORIDA

must now be employed.

These safety zones are necessary to

safeguard recreational and commercial