Federal Register / Vol. 62, No. 41 / Monday, March 3, 1997 / Proposed Rules 9405

Federal Register on February 6, 1997

(62 FR 5554).

DATES: The public hearings are

scheduled to be held at the following

locations on the dates indicated:

May 6, 1997—Beaver, West Virginia

(Beckley)

May 8, 1997—St. Louis, Missouri

May 13, 1997—Denver, Colorado

May 15, 1997—Las Vegas, Nevada

May 28, 1997—Atlanta, Georgia

May 30, 1997—Washington, DC

Each hearing will last from 9:00 a.m.

to 5:00 p.m., but will continue into the

evening if necessary.

The record will remain open after the

hearings until June 20, 1997.

ADDRESSES: The hearings will be held at

the following locations:

May 6, 1997, National Mine Health &

Safety Academy, Auditorium, 1301

Airport Road, Beaver, West Virginia

(Beckley) 25813.

May 8, 1997, Harley Hotel, North

Ballroom, 3400 Rider Trail South, St.

Louis, Missouri 63134.

May 13, 1997, Four Points Sheraton

Hotel, Mount Evans Room, 3535

Quebec Street, Denver, Colorado

80207.

May 15, 1997, Bourbon Street Hotel, 120

E. Flamingo Road, Las Vegas, Nevada

89109.

May 28, 1997, Holiday Inn Airport, 5010

Old National Highway, Atlanta,

Georgia 30349.

May 30, 1997, Department of Labor,

Frances Perkins Building,

Auditorium, 200 Constitution

Avenue, NW., Washington, DC 20210.

FOR FURTHER INFORMATION CONTACT:

Patricia W. Silvey, Director, Office of

Standards, Regulations, and Variances,

MSHA, phone 703–235–1910.

SUPPLEMENTARY INFORMATION: On

December 17, 1996, MSHA published in

the Federal Register (61 FR 66348) a

proposed rule to revise the Agency’s

existing health standards for

occupational noise. On February 6,

1997, MSHA published in the Federal

Register (62 FR 5554) a notice extending

the comment period to April 21, 1997.

In that same notice, the Agency

announced public hearings and stated

that the rulemaking record will close on

June 16, 1997.

Due to a scheduling conflict, MSHA is

changing the dates of the Atlanta,

Georgia and Washington, DC hearings.

The Agency has learned that the

American Industrial Hygiene

Association (AIHA) and the American

Conference of Governmental Industrial

Hygienists (ACGIH) will be holding

their joint annual ‘‘Conference and

Exposition’’ the week of May 17–23,

1997. MSHA believes that many

members of the AIHA and ACGIH will

be interested in attending the Agency’s

hearings on occupational noise

exposure, including several members of

the Agency’s staff working on the noise

proposal. Therefore, the Agency has

changed the hearing for Atlanta, Georgia

to May 28, 1997, and the hearing for

Washington, DC to May 30, 1997. To

allow for the submission of posthearing

comments, the record would remain

open until June 20, 1997.

Dated: February 24, 1997.

J. Davitt McAteer,

Assistant Secretary for Mine Safety and

Health.

[FR Doc. 97–5073 Filed 2–28–97; 8:45 am]

BILLING CODE 4510–43–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD07–97–005]

RIN 2115–AE46

Special Local Regulations; Charleston

to Bermuda Sailboat Race, Charleston,

SC

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard proposes to

establish temporary special local

regulations for the Charleston to

Bermuda Sailboat Race. The race would

start on May 11, 1997, between the

hours of 11 a.m. and 3 p.m. Eastern

Daylight Time (EDT) near Waterfront

Park on the Charleston Peninsula, and

would transit out to sea by the South,

Mount Pleasant, and Fort Sumter

Ranges in Charleston Harbor. The nature

of the event and the closure of portions

of Charleston Harbor creates an extra or

unusual hazard on the navigable waters

of Charleston Harbor, Charleston, SC.

These regulations are necessary for the

safety of life on the navigable waters

during the event.

DATES: Comments must be received on

or before April 2, 1997.

ADDRESSES: Comments may be mailed to

Commander, U.S. Coast Guard Group

Charleston, 196 Tradd Street,

Charleston, SC 29401, or may be

delivered to the Operations Office at the

same address between 7:30 a.m. and

3:30 p.m. Monday through Friday,

except federal holidays. The telephone

number is (803) 724–7621.

FOR FURTHER INFORMATION CONTACT: ENS

M.J. DaPonte, Project Manager, Coast

Guard Group Charleston, SC at (803)

724–7621.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages

interested persons to participate in this

rulemaking by submitting written data,

views, or arguments. Persons submitting

comments should include their name

and address, identify this rulemaking

(CGD07–97–005) and the specific

section of this proposal to which each

comment applies, and give a reason for

each comment. Persons desiring

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. It may change this proposal in

the view of the comments. The Coast

Guard plans no public hearing. Persons

may request a public hearing by writing

to the Project Manager at the address

under ADDRESSES. If it is determined

that the opportunity for oral

presentations will aid this rulemaking,

the Coast Guard will hold a public

hearing at the time and place

announced by a later notice in the

Federal Register.

Background and Purpose

The proposed regulations are needed

to provide for the safety of life during

the start of the Charleston to Bermuda

Sailboat Race. These proposed

regulations are intended to promote safe

navigation in Charleston Harbor

immediately before, during, and

immediately after the start of the race by

controlling the traffic entering, exiting,

and traveling within the regulated area.

The anticipated concentration of

commercial traffic, spectator vessels,

and participating vessels associated

with the race poses a safety concern

which is addressed in these proposed

special local regulations.

The proposed regulations would not

permit the entry or movement of

spectator vessels and other nonparticipating vessel traffic between the

starting area at the southern end of

Commercial Anchorage Area D (33 CFR

110.173), and the entrance to the

Charleston Harbor jetties on Saturday,

May 11, 1997, from 10 a.m. to 3 p.m.

EDT. These proposed regulations would

permit the movement of spectator

vessels and other non-participants

within the regulated area before the start

of the race, and after the last participant

clears the Charleston Harbor jetties at

the discretion of the Coast Guard Patrol

Commander.
9406 Federal Register / Vol. 62, No. 41 / Monday, March 3, 1997 / Proposed Rules

Regulatory Evaluation

This proposal is not a major

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 10(e) of the regulatory

policies and procedures of DOT is

unnecessary. The proposed regulations

would last for only 5 hours on May 11,

1997.

Small Entities

Under the Regulatory Flexibility Act

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

must consider whether this proposal

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 expects the

economic impact of this proposal to be

minimal, and certifies under 5 U.S.C.

605(b) that this proposal, if adopted,

would not have a significant impact on

a substantial number of small entities.

The regulated area would be in effect for

only 5 hours in a limited area of

Charleston harbor.

Collection of Information

This proposal 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

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 reviewed this

action and it has been determined to be

categorically excluded from further

environmental documentation in

accordance with section 2.B.2(34)(h) of

Commandant Instruction M16475.1B. A

written Categorical Exclusion

Determination will be prepared and

included as part of the final rule.

List of Subjects in 33 CFR Part 1009

Marine safety, Navigation (water),

Reporting and record keeping

requirements, Waterways.

Proposed Regulations

In consideration of the foregoing, the

Coast Guard proposes to amend Part 100

of Title 33, Code of Federal Regulations,

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.

2. A new section 100.725 is added to

read as follows:

§ 100.725 Charleston to Bermuda Sailboat

Race; Charleston Harbor, Charleston, SC.

(a) Definitions:

(1) Regulated area. The regulated area

includes all waters of Charleston

Harbor, Charleston, SC and the Atlantic

Ocean within the following points:

Point Latitude Longitude

A ....... 32°47′06′′

N.

079°55′25′′ W, then to

B ....... 32°47′06′′

N.

079°55′05′′ W, then to

C ....... 32°46′00′′

N.

079°55′00′′ W, then to

D ....... 32°45′41′′

N.

079°54′37′′ W, then to

E ....... 32°45′41′′

N.

079°51′54′′ W, then to

F ....... 32°44′30′′

N.

079°50′35′′ W, then to

G ...... 32°43′24′′

N.

079°48′16′′ W, then to

H ....... 32°43′02′′

N.

079°48′30′′ W, then to

I ........ 32°44′14′′

N.

079°50′51′′ W, then to

J ....... 32°45′25′′

N.

079°52′04′′ W, then to

K ....... 32°45′25′′

N.

079°55′00′′ W, then to

L ....... 32°45′41′′

N.

079°55′22′′ W, thence

back to point A.

All coordinates referenced use datum:

NAD 83.

(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 Group Charleston, SC.

(b) Special local regulations. (1) No

person or vessel may enter, transit, or

remain in the regulated area unless

participating in the event or authorized

by the Coast Guard Patrol Commander.

(2) The Coast Guard Patrol

Commander may delay, modify, or

cancel the race as conditions or

circumstances require. The Coast Guard

Patrol Commander shall monitor the

start of the race with the race

committee, to allow for a window of

opportunity for the race participants to

depart the harbor with minimal

interference with inbound or outbound

commercial traffic.

(3) Spectator and other nonparticipating vessels may follow the

participants out to sea while

maintaining a minimum distance of 500

yards behind the last participant, at the

discretion of the Patrol Commander.

Upon the transit of the last race

participant past the outermost boundary

of the Charleston jetties, all vessels may

resume normal operations.

(c) Effective Date. This section is

effective at 10 a.m. and terminates at 3

p.m. EDT on May 11, 1997.

Dated: February 20, 1997.

J.W. Lockwood,

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

Seventh Coast Guard District.

[FR Doc. 97–5066 Filed 2–28–97; 8:45 am]

BILLING CODE 4910–14–M

33 CFR Part 117

[CGD08–96–056]

RIN 2115–AE47

Drawbridge Operation Regulation;

Industrial Seaway Canal, MS

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard is

considering a change to the regulation

governing the operation of the double

leaf bascule span drawbridge on

Lorraine-Cowan Road, across the

Industrial Seaway Canal, mile 11.3, near

Handsboro, Harrison County,

Mississippi. Growing industry and

commercial retail development in the

area over the past few years has

increased vehicular traffic on LorraineCowan Road. As a result, traffic has

become unreasonably delayed during

bridge openings that occur when local

residents are enroute to work and

school. This change in drawbridge

operating regulations would provide

relief for congested vehicular traffic

during these periods and still provide

for the reasonable needs of navigation.

Mariners would have the benefit of one

less closure period of the bridge to

marine traffic per day than occurs under

present operating regulations.

DATES: Comments must be received on

or before May 2, 1997.

ADDRESSES: Comments should be

mailed to Commander (ob), Eighth Coast