Federal Register / Vol. 62, No. 41 / Monday, March 3, 1997 / Rules and Regulations 9367

Substances Limitations

* * * * * * *

3,6-Bis(4-chlorophenyl)-2,5-dihydro-pyrrolo[3,4-c]pyrrole-1,4-dione (C.I.

Pigment Red 254, CAS Reg. No. 84632–65–5)

For use only at levels not to exceed 1 percent by weight of polymers.

The finished articles are to contact food only under conditions of use

B through H, described in Table 2 of § 176.170(c) of this chapter.

* * * * * * *

Dated: February 5, 1997.

William K. Hubbard,

Associate Commissioner for Policy

Coordination.

[FR Doc. 97–5077 Filed 2–28–97; 8:45 am]

BILLING CODE 4160–01–F

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD07–97–002]

RIN 2115–AE46

Special Local Regulations: Intracoastal

Waterway, St. Augustine, FL

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: Special local regulations are

being adopted for the ‘‘Blessing of the

Fleet’’ ceremony. The event will be held

from 11 a.m. to 3 p.m. Eastern Standard

Time (EST) on March 23, 1997. The

regulated area includes those waters

between the Bridge of Lions and the

Fish Island Marina Daybeacon #2 in the

Matanzas River, St. Augustine, Florida.

The anticipated concentration of

participant and spectator vessels will

create an unusual hazard on the

navigable waters. The regulations are

needed to provide for the safety of life

on navigable waters during the event.

EFFECTIVE DATE: This rule becomes

effective 9 a.m. EST and terminates at 3

p.m. EST on Sunday, March 23, 1997.

FOR FURTHER INFORMATION CONTACT:

Ensign G. Watson, Project Officer, Coast

Guard Group Mayport Florida, (904)

247–7398.

SUPPLEMENTARY 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

less than 30 days from the date of

publication. Following normal

rulemaking procedures would have

been impractical. The information to

hold the event was not received until

January 17, 1997, leaving insufficient

time to publish proposed rules prior to

the event or to provide a delayed

effective date.

Discussion of Regulations

The event requiring this regulation is

a ‘‘Blessing of the Fleet’’ ceremony.

There will be 150 participating vessels

in single file, parade style, transiting the

Intracoastal Waterway from the Bridge

of Lions south to Daybeacon number #2,

and returning north to the Bridge of

Lions. Approximately ten spectator craft

are expected. The total number of

vessels in the regatta area creates an

extra hazard to the safety of life on the

navigable waters.

The regulated area includes those

waters between the Bridge of Lions and

the Fish Island Marina Daybeacon #2,

LLNR 35420, position 29–52.15N, 081–

18.12W, in the Matanzas River, St.

Augustine, Florida. Datum: NAD 1983.

The event requires that vessel traffic

control be implemented within the area

of the Intracoastal Waterway between

the Bridge of Lions and Daybeacon

number #2. This regulation provides

that entry into the 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.

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.

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

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 rule

to be so minimal that a full Regulatory

Evaluation under paragraph 10e of the

regulatory policies and procedures of

DOT is unnecessary. The regulation will

only be in effect for a total of 5 hours

on the date of the ceremony.

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 independently

owned and operated 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 certifies under

section 605 (b) of the Regulatory

Flexibility Act (5 U.S.C. 601 et seq.) that

this rule will not have a significant

economic impact on a substantial

number of small entities because the

regulation will be in effect for a total of

5 hours in a limited area of the

Intracoastal Waterway in St. Augustine.

Collection of Information

These 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 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 rule under

paragraph 2.B.2 of Commandant

Instruction M16475.1B, (as revised by

59 FR 38654, July 29, 1994). In

accordance with that instruction,

specifically section 2.B.4 and 2.B.5, this

action has been environmentally

assessed (EA completed), and the Coast

Guard has concluded that this event

will not significantly affect the quality
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