9368 Federal Register / Vol. 62, No. 41 / Monday, March 3, 1997 / Rules and Regulations

of human environment. An

environmental assessment and finding

of no significant impact have been

prepared and are available for copying

and inspection.

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.

2. A new temporary section 100.35T–

97–002 is added to read as follows:

§ 100.35T–97–002 Intracoastal Waterway;

St. Augustine, FL.

(a) Regulated area. The regulated area

is located in the waters of the Matanzas

River, Intracoastal Waterway, St.

Augustine, Florida. Its northern

boundary is formed by a line,

perpendicular to the centerline of the

Matanzas River, drawn from Fish Island

Marina Daybeacon #2, LLNR 35420,

position 29–52.15N, 081–18.12W, near

the entrance of the San Sebastian River,

to the East bank of the Matanzas River.

The eastern boundary is formed by the

eastern bank of the Matanzas River. The

western boundary begins where the

Bridge of Lions meets the west bank of

the Matanzas River and runs along the

west bank of the river to 29–52.34N,

081–18.13W, and then to 29–52.20N,

081–18.09W at the southeast end of the

regulated area. All coordinates reference

Datum: NAD 1983.

(b) Special local regulations. (1) Entry

into this regulated area, by other than

parade participants or spectator craft, is

prohibited, unless authorized by the

Patrol Commander. After termination of

the ‘‘Blessing of the Fleet’’ ceremony, all

vessels may resume normal operations.

(2) Spectator craft will be allowed to

enter the regulated area; however, vessel

mooring, anchoring, and movement

restrictions will be directed by Coast

Guard and local law enforcement

officials.

(c) Effective date. This regulation

becomes effective at 9 a.m. EST and

terminates at 3 p.m. EST, on March 23,

1997.

Dated: February 13, 1997.

J.W. Lockwood,

Rear Admiral, U.S. Coast Guard Commander,

Seventh Coast Guard District.

[FR Doc. 97–5064 Filed 2–28–97; 8:45 am]

BILLING CODE 4910–14–M

33 CFR Part 110

[CGD01–96–012]

RIN 2115–AA98

Special Anchorage Area: Special

Anchorage Great Kills Harbor, Staten

Island, New York; Special Anchorage

Sheepshead Bay, Brooklyn, New York

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: The Coast Guard is amending

the special anchorage regulations for

Great Kills Harbor, Staten Island, New

York, and Sheepshead Bay, Brooklyn,

New York. The regulations are amended

to remove the language that required

federal mooring permits for individual

mooring locations in these special

anchorage areas.

EFFECTIVE DATE: April 2, 1997.

FOR FURTHER INFORMATION CONTACT: LT

John W. Green, Waterways Oversight

Branch, Coast Guard Activities, New

York (212) 668–7906.

SUPPLEMENTARY INFORMATION:

Regulatory History

On March 20,1996, the Coast Guard

published a notice of proposed

rulemaking (NPRM) in the Federal

Register (61 FR 11356). The Coast Guard

received one hundred fifty comments on

the proposals. A public hearing was

requested but was not held since the

written comments clearly expressed the

views of the commenters and oral

presentations would not aid the

rulemaking process.

Background and Purpose

An area designated as a special

anchorage provides for vessels 65 feet

and under to anchor within specified

boundaries without exhibiting anchor

lights. Approximately a decade ago,

Captain of the Port New York

administered approximately 2,500

mooring locations annually in

approximately nine special anchorages.

As the size of the boating public grew,

the burden of administering these

mooring locations became increasingly

difficult. Several years ago, Captain of

the Port New York discontinued the

administration of individual

recreational mooring locations in all

special anchorages, except for

anchorages in Great Kills Harbor and

Sheepshead Bay. Due to budget

constraints and the Presidential

mandate to streamline the federal

government, Captain of the Port New

York discontinued entirely the

discretionary procedure of issuing

permits for mooring locations. This rule

amends existing regulations to reflect

that mooring permits are no longer

issued by the Coast Guard for the Great

Kills Harbor and Sheepshead Bay

anchorages. Although mooring permits

are no longer issued by the Captain of

the Port, vessels may still anchor or use

a mooring buoy without displaying

lights. Vessel owners interested is using

these anchorages in the 1997 boating

season may contact: Thomas Rozinski,

Deputy Counsel, New York City

Department of Parks and Recreation,

The Arsenal, Central Park, New York,

NY 10021.

Discussion of Comments

One hundred fifty comments objected

to the Coast Guard discontinuing the

issuance of mooring permits in the Great

Kills Harbor special anchorage. No

comments were received objecting to

the Coast Guard discontinuing the

issuance of mooring permits in

Sheepshead Bay.

Comments were received from three

yacht clubs in Great Kills Harbor and

one hundred forty of their members and

from seven individuals not specifically

allied with the three yacht clubs. These

persons stated that the transfer of

responsibility for issuing permits to the

Borough of Staten Island or other entity

would result in chaos on the water, and

the cost of a mooring permit to be

increased beyond the reach of the vessel

owners holding permits. On yacht club

stated that there may be a loss of

membership and possible dissolution of

the club due to the increase in the cost

of permits. The Coast Guard considered

these comments and forwarded them to

the New York City Department of Parks

and Recreation. The Coast Guard

believes that the municipality will

regulate the moorings in an orderly

manner and in the best interests of its

constituents. Concerns over the costs of

future permits should be addressed to

New York City Department of Parks and

Recreation at the address provided in

the Background and Purpose section

above.

Various persons suggested that the

Coast Guard charge a fee, or extend the

term of the permit to two or three years

to offset the Coast Guard’s expenses in

issuing permits. The Coast Guard

considered these comments. The

decision to no longer issue mooring

permits was based on the belief that,

similar to the arrangement in the rest of
Federal Register / Vol. 62, No. 41 / Monday, March 3, 1997 / Rules and Regulations 9369

the country, local governments, rather

than the federal government, are the

appropriate entities to issue local

mooring permits. The Coast Guard

believes it is inappropriate for the Coast

Guard to continue to administer the

moorings and charge increased fees to

compensate for the cost of administering

the system.

Regulatory Evaluation

This proposal 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

10(e) of the regulatory policies and

procedures of DOT is unnecessary. This

rule does not affect the status of the

special anchorage areas in Great Kills

Harbor or Sheepshead Bay, but merely

reflects that the Captain of the Port of

New York mooring permit procedures

are no longer applicable and that

mooring permits will no longer be

issued by the Coast Guard. This

proposal will not be significant because

the boating public retains the ability to

use the anchorages, and will be able to

do so without obtaining a Federal

mooring permit. The Coast Guard

expects that the New York City Parks

and Recreation Department will act in

the interest of the boating public and

will carefully consider the economic

impact of their actions on vessel

owners.

Small Entities

Under the Regulatory Flexibility Act

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

must consider the economic impact on

small entities of a rule for which a

general notice of proposed rulemaking

is required. ‘‘Small entities’’ may

include (1) small business and not-forprofit organizations that are

independently owned and operated and

are not dominant in their field and (2)

governmental jurisdictions with

populations of less than 50,000.

For reasons set forth in the Regulatory

Evaluation and Discussion of Comments

sections, the Coast Guard certifies under

5 U.S.C. 605(b) that this regulation will

not have a significant economic impact

on a substantial number of small

entities.

Collection of Information

This proposal contains no collectionof-information requirements under the

Paperwork Reduction Act (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 proposed rule

does not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

Environment

The Coast Guard has considered the

environmental impact of this regulation

and concluded that it is categorically

excluded from further analysis and

documentation requirements under the

National Environmental Policy Act

(NEPA). This determination was made

in accordance with agency procedures

and policy for categorical exclusions

published in pagragrah 2.B.2.e. (34)(a) of

Commandant Instruction M16475.1B (as

revised by 59 FR 38654, July 29, 1994).

A Categorical Exclusion Determination

and Environmental Analysis Checklist

are included in the docket.

List of Subjects in 33 CFR Part 110

Anchorage grounds.

Regulation

For reasons set out the preamble, the

Coast Guard amends 33 CFR 110.60 as

follows:

PART 110—[AMENDED]

1. The authority citation for Part 110

continues to read as follows:

Authority: 33 U.S.C. 471, 2071; 49 CFR

1.46 and 33 CFR 1.05–1(g). Section 110.1a

and each section listed in it are also issued

under 33 U.S.C. 1223 and 1231.

2. Section 110.60 is amended by

revising the note following paragraph

(r–1) and paragraph (x)(4) to read as

follows (table 110.60(x)(4) and figure

110.60(x)(4) following paragraph (x)(4)

remain unchanged):

§ 110.60 Port of New York and vicinity.

* * * * *

(r–1) * * *

Note: The special anchorage area is

principally for use by yachts and other

recreational craft. A temporary float or buoy

for marking the location of the anchor of a

vessel at anchor may be used. Fixed mooring

piles or stakes are prohibited. Vessels shall

be anchored so that no part of the vessel

comes within 50 feet of the marked channel.

* * * * *

(x) * * *

(4) Captain of the Port Regulations. In

Sheepshead Bay, New York, Western,

Northern, and Southern Special

Anchorage Areas, the following applies:

(i) Two anchors shall be used. The

anchor minimum weight and minimum

chain size shall be as shown in table

110.60(x)(4) and the anchor shall be

placed as shown in figure 110.60(x)(4).

(ii) The area is principally for vessels

used for a recreational purpose.

* * * *

Dated: February 11, 1997.

J.L. Linnon,

Commander, First Coast Guard District.

[FR Doc. 97–5065 Filed 2–28–97; 8:45 am]

BILLING CODE 4910–14–M

33 CFR Part 117

[CGD8–97–001]

RIN 2115–AE47

Drawbridge Operation Regulations;

Gulf Intracoastal Waterway, Louisiana

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: This rule removes the

regulations for the East Park Avenue

and East Main Street Bridges across the

Gulf Intracoastal Waterway, mile 57.6

and 57.7 at Houma, Terrebonne Parish,

Louisiana. These drawbridges have been

replaced by high level fixed bridges and

the drawbridge regulations are no longer

necessary.

DATES: This rule is effective on April 2,

1997.

FOR FURTHER INFORMATION CONTACT: Mr.

David M. Frank, Bridge Administration

Branch, (504) 589–2965.

SUPPLEMENTARY INFORMATION:

Drafting Information

The principal persons involved in

drafting this document are Mr. David

Frank, Project Officer and Lieutenant

Commander J. A. Wilson, Project

Attorney.

Background and Purpose

The East Park Avenue and East Main

Street drawbridges were replaced by

high level fixed bridges in November of

1996. Since the drawbridges are no

longer at these locations, there is no

longer a need for the drawbridge

operation regulation. This rule is being

published without an opportunity for

notice and comment because the bridges

regulated in 33 CFR 117.451(c) have

been replaced and these regulations are

no longer necessary. For this reason, the

Coast Guard finds good cause why

notice and comment are unnecessary

under 5 U.S.C. § 553(b)(2)(B) and why,

in accordance with 5 U.S.C. § 553(d)(3),