17764 Federal Register / Vol. 62, No. 70 / Friday, April 11, 1997 / Proposed Rules

hours would allow for a faster response

by the Manchester-by-the Sea Police

Department located downstream of the

bridge to vessels in the inner harbor in

the event of an emergency.

The Coast Guard proposes to simplify

the advance notice requirements of the

existing regulations by establishing a

four hour advance notice requirement

during all periods other than those

when the bridge must open on signal.

The Coast Guard has determined that

clearance gauges are necessary for the

safety of navigation. The proposed rule

requires the bridge owner to post and

maintain clearance gauges to assist

mariners in transiting the bridge during

periods when the draw is not crewed

and to reduce unnecessary openings.

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 not been reviewed 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.

This conclusion is based on the fact that

bridges must operate in accordance with

the needs of navigation while providing

for the reasonable needs of land

transportation. This proposal adopts the

operating hours which the Coast Guard

believes to be appropriate based on the

previous test periods. The Coast Guard

believes the proposal achieves the

government purpose of balancing the

navigational rights of recreational

boaters and the needs of land based

transportation.

Small Entities

The Coast Guard has considered the

economic impact of this rule on small

entities under the Regulatory Flexibility

Act (5 U.S.C. 601 et seq.). For the

reasons discussed in the Background

and Purpose and Regulatory Evaluation

sections above the Coast Guard has

determined that this rule will not affect

a substantial number of small entities.

Collection of Information

This rule 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

rule in accordance with the principles

and criteria contained in Executive

Order 12612 and has determined that

this rule does not have sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

Environment

The Coast Guard considered the

environmental impact of this rule and

concluded that, under section

2.B.2.e.(32)(e) of Commandant

Instruction M16475.1B, (as revised by

60 FR 32197; June 20, 1995), this rule

promulgates operating regulations for

drawbridges and is categorically

excluded from further environmental

documentation.

List of Subjects in 33 CFR Part 117

Bridges.

Proposed Regulation

For the reasons set out in the

preamble, the Coast Guard proposes to

amend 33 CFR part 117 as follows:

PART 117—[AMENDED]

1. The authority citation for part 117

continues to read as follows:

Authority: 33 U.S.C. 499; 49 CFR 1.46; 33

CFR 1.05–1(g); section 117.255 also issued

under the authority of Pub. L. 102–587, 106

Stat. 5039.

2. Section 117.603 is revised to read

as follows:

§ 117.603 Manchester Harbor.

The Massachusetts Bay

Transportation Authority Bridge at mile

1.0, in Manchester, shall operate as

follows:

(a) The draw shall open on signal:

(1) From Memorial Day through

September 30 from 7 a.m. to 11 p.m.;

(2) April 1 to Memorial Day and

October 1 to November 1 from 9 a.m. to

1 p.m. and 2 p.m. to 6 p.m.

(b) At all other times, the draw shall

open on signal with at least four hours

notice.

(c) The owner of this bridge shall

provide and keep in good legible

condition, clearance gauges for each

draw with figures not less than twelve

(12) inches high designed, installed and

maintained according to the provisions

of section 118.160.

Dated: March 28, 1997.

J.L. Linnon,

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

First Coast Guard District.

[FR Doc. 97–9247 Filed 4–10–97; 8:45 am]

BILLING CODE 4910–14–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01–97–016]

RIN 2115–AA97

Safety Zone: Fleet Week 1997 Parade

of Ships, Port of New York and New

Jersey

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard proposes to

establish a temporary moving safety

zone for the Fleet Week 1997 Parade of

Ships, from 7:30 a.m. until 5:30 p.m. on

May 21, 1997. This moving safety zone

would include all waters 500 yards fore

and aft, and 200 yards on each side of

the designated column of parade vessels

as it transits the Port of New York and

New Jersey. The moving safety zone will

expand to include all waters within a

200 yard radius of each vessel upon

dispersal of the parade column until

each is safely moored.

DATES: Comments must be received on

or before May 2, 1997.

ADDRESSES: Comments should be

mailed to Lieutenant John W. Green,

Waterways Oversight Branch, Coast

Guard Activities New York, Bldg. 108,

Governors Island, New York 10004–

5006.

FOR FURTHER INFORMATION CONTACT:

Lieutenant John W. Green, Chief,

Waterways Oversight Branch,

Waterways Management Division, Coast

Guard Activities New York, (212) 668–

7906.

SUPPLEMENTARY INFORMATION:

Background and Purpose

The Intrepid Museum Foundation is

sponsoring a parade of U.S. Coast

Guard, U.S. Navy, and foreign naval

ships through the Port of New York and

New Jersey on May 21, 1997. This

proposed regulation will establish a

moving safety zone to include all waters

500 yards forward of the lead parade

vessel, 500 yards aft of the last parade

vessel, and 200 yards on each side of the

designated column of parade vessels as

it transits the Port of New York and New

Jersey between the Verrazano Narrows

Bridge and the waters of the Hudson

River west of Riverbank State Park,

between West 137th and West 144th

Streets, Manhattan, New York. As the

vessels turn in the waters west of

Riverbank State Park and proceed

southbound in the Hudson River, the

moving safety zone will expand to

include all waters within a 200 yard
Federal Register / Vol. 62, No. 70 / Friday, April 11, 1997 / Proposed Rules 17765

radius of each vessel from its turning

point until safely berthed at various

locations within the Port of New York

and New Jersey. The safety zone will

also expand briefly to include the

waters of the Hudson River between

Piers 84 and 88, Manhattan, New York,

from the parade vessel column east to

the Manhattan shoreline as the column

passes in front of Piers 84 through 88.

The purpose of this expansion is to

allow the public an unobstructed view

of the parade from the pierside

reviewing stand. This regulation is

effective from 7:30 a.m. to 5:30 p.m. on

May 21, 1997. No vessel will be

permitted to enter or move within this

safety zone unless authorized by the

Captain of the Port, New York.

This regulation is needed to protect

the maritime public from possible

hazards to navigation associated with a

parade of naval vessels transiting the

waters of New York harbor in close

proximity. These vessels have limited

maneuverability and require a clear

traffic lane to safely navigate.

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 names

and addresses, identify this notice

(CGD01–97–016) and the specific

section of the proposal to which their

comments apply, and give reasons for

each comment. Persons wanting

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

view of the comments. The Coast Guard

plans no public hearing; however,

persons may request a public hearing by

writing to the Waterways Oversight

Branch 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 a time and place

announced by a later notice in the

Federal Register.

Good cause exists for providing a

comment period of less than 60 days.

Due to the date final information

concerning the event was received, a

comment period of greater than 21 days

would not allow sufficient time to

publish a final rule prior to the

scheduled date of the event. Since this

proposal is neither complex nor

technical, a 21 day comment period is

sufficient to provide reasonable notice

of the proposed regulation. This safety

zone is identical to last year’s which

caused little or no disruption to vessel

traffic and maritime interests will be

provided extensive advance

notifications. A longer comment period

would be impracticable, unnecessary,

and contrary to the public interest.

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 not been reviewed 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 moving safety zone

prevents vessels from transiting portions

of Upper New York Bay and the Hudson

River in the Port of New York and New

Jersey on Wednesday, May 21, 1997.

Although there is a regular flow of

traffic through this area, there is not

likely to be a significant impact on

recreational or commercial vessel traffic

for several reasons: due to the moving

nature of the safety zone, no single

location will be affected for a prolonged

period of time; commercial and

recreational vessels could transit on

either side of the moving safety zone

except along the Manhattan side

between Piers 84 and 88 as the parade

passes in front of these Piers; and

alternate routes are available for

commercial and recreational vessels that

can safely navigate the Harlem and East

Rivers, Kill Van Kull, Arthur Kill, and

Buttermilk Channel. Similar safety

zones have been established for several

past Fleet Week parades of ships with

minimal or no disruption to vessel

traffic or other interests in the port. In

addition, extensive, advance

notifications will be made to the

maritime community so mariners can

adjust their plans accordingly.

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 rule does not

have sufficient federalism implications

to warrant the preparation of a

Federalism Assessment.

Small Entities

Under the Regulatory Flexibility Act

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

considers whether this proposed rule, if

adopted, will have a significant

economic impact on a substantial

number of small entities. ‘‘Small

entities’’ include small businesses, notfor-profit organizations that are

independently owned or operated and

are not dominant in their fields, and

governmental jurisdictions with

populations less than 50,000.

For the reasons discussed in the

Regulatory Evaluation section, the Coast

Guard has determined that there is not

likely to be a significant impact on small

entities. In addition, similar safety zones

have been established for several past

Fleet Week parades of ships with

minimal or no disruption to vessel

traffic or other interests in the port.

Environment

The Coast Guard considered the

environmental impact of this rule and

concluded that, under 2.B.2.e.(34)(g) of

Commandant Instruction M16475.1B (as

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

this safety zone is categorically

excluded from further environmental

documentation. A ‘‘Categorical

Exclusion Determination’’ is available in

the docket for inspection or copying

where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and recordkeeping

requirements, Security measures,

Waterways.

Proposed Regulation

For reasons set out in the preamble,

the Coast Guard proposes to amend 33

CFR part 165 as follows:

PART 165—REGULATED NAVIGATION

AREAS AND LIMITED ACCESS AREAS

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.T01–016,

is added to read as follows:

§ 165.T01–016 Safety Zone: Fleet Week

1997 Parade of Ships, Port of New York and

New Jersey.

(a) Location.

(1) This moving safety zone includes

all waters within 500 yards forward of

the lead parade vessel, 500 yards aft of

the last parade vessel, and 200 yards on
17766 Federal Register / Vol. 62, No. 70 / Friday, April 11, 1997 / Proposed Rules

each side of the designated column of

parade vessels as it transits between the

Verrazano Narrows Bridge and the

waters of the Hudson River west of

Riverbank State Park, between West

137th and West 144th Streets,

Manhattan, New York.

(2) The moving safety zone includes

all waters within a 200 yard radius of

each parade vessel from its turning

point near Riverbank State Park until

the vessel is safely berthed at various

locations in the Port of New York and

New Jersey.

(3) The safety zone includes all waters

of the Hudson River between Piers 84

and 88, Manhattan, New York, from the

parade vessel column east to the

Manhattan shoreline as the column

passes in front of Piers 84 through 88.

(b) This regulation is effective from

7:30 a.m. to 5:30 p.m. on May 21, 1997,

unless extended or terminated sooner by

the Captain of the Port, New York.

(c) Regulations.

(1) The general regulations contained

in 33 CFR 165.23 apply to this safety

zone.

(2) All persons and vessels shall

comply with the instructions of the

Coast Guard Captain of the Port or the

designated on scene patrol personnel.

U.S. Coast Guard patrol personnel

include commissioned, warrant, and

petty officers of the Coast Guard. Upon

being hailed by a U.S. Coast Guard

vessel via siren, radio, flashing light, or

other means, the operator of a vessel

shall proceed as directed.

Dated: March 28, 1997.

Richard C. Vlaun,

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

Port, New York.

[FR Doc. 97–9217 Filed 4–10–97; 8:45 am]

BILLING CODE 4910–14–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[Region II Docket No. NJ17–1–166; FRL–

5809–3]

Approval and Promulgation of

Implementation Plans; Reasonably

Available Control Technology for

Volatile Organic Compounds for the

State of New Jersey

AGENCY: Environmental Protection

Agency.

ACTION: Proposed rule.

SUMMARY: The Environmental Protection

Agency (EPA) proposes approval of a

request from New Jersey to revise its

State Implementation Plan to

incorporate revisions to Subchapter 16

‘‘Control and Prohibition of Air

Pollution by Volatile Organic

Compounds.’’ These revisions relate to

the control of volatile organic

compounds from major stationary

sources not subject to control

techniques guidelines. The intended

effect is to reduce the emissions of

volatile organic compounds and thereby

reduce ozone concentrations in the

lower atmosphere. EPA proposes to find

that the State has met the Clean Air Act

requirement to adopt reasonably

available control technology for nonCTG major sources.

EPA also proposes approval of

revisions to Subchapter 8 ‘‘Permits and

Certificates,’’ Subchapter 17 ‘‘Control

and Prohibition of Air Pollution by

Toxic Substances,’’ Subchapter 23

‘‘Prevention of Air Pollution From

Architectural Coatings and Consumer

Products’’ and Subchapter 25 ‘‘Control

and Prohibition of Air Pollution by

Vehicular Fuels,’’ and Air Test Method

3—Sampling and Analytical Procedures

for the Determination of Volatile

Organic Compounds from Source

Operations (Title 7, Chapter 27B,

Subchapter 3).

Revisions to these regulations only

involve administrative changes made to

insure consistency with Subchapter 16

revisions. This proposal would revise

the State Implementation Plan so that it

contains the most current versions of

the State regulations.

DATES: Comments must be submitted on

or before May 12, 1997.

ADDRESSES: All comments should be

addressed to: Ronald J. Borsellino,

Chief, Air Programs Branch,

Environmental Protection Agency,

Region II Office, 290 Broadway, New

York, New York 10007–1866.

Copies of the State submittal(s) are

available at the following addresses for

inspection during normal business

hours:

Environmental Protection Agency,

Region II Office, Air Programs Branch,

290 Broadway, 25th Floor, New York,

New York 10007–1866

New Jersey Department of

Environmental Protection, Office of

Air Quality Management, Bureau of

Air Quality Planning, 401 East State

Street, CN418, Trenton, New Jersey

08625

FOR FURTHER INFORMATION CONTACT: Paul

R. Truchan or Raymond K. Forde, Air

Programs Branch, Environmental

Protection Agency, 290 Broadway, 25th

Floor, New York, New York 10007–

1866, (212) 637–4249

SUPPLEMENTARY INFORMATION:

I. Background

The Clean Air Act (Act) as amended

in 1990 sets forth a number of

requirements that states with areas

designated as nonattainment for ozone

must satisfy and sets forth a timetable

for satisfying these Act requirements

(section 182). These requirements are

further explained in the General

Preamble to the Act (57 FR 13513),

which was published on April 16, 1992.

Under section 182(b)(2) of the Act,

nonattainment areas classified as

moderate or above are required to adopt

reasonably available control technology

(RACT) rules for volatile organic

compound (VOC) sources. There are

three parts to the section 182(b)(2)

RACT requirement: (1) RACT for

sources covered by an existing control

techniques guideline (CTG)—i.e., a CTG

issued prior to the enactment of the

1990 Amendments; (2) RACT for

sources covered by a post-enactment

CTG; and (3) all major sources not

covered by a CTG (non-CTG major

sources). This requirement also applies

to all areas within the Ozone Transport

Region. The EPA has defined RACT as

the lowest emission limitation that a

particular source is capable of meeting

by the application of control technology

that is reasonably available considering

technological and economic feasibility

(44 FR 53762; September 17, 1979).

New Jersey is part of the Ozone

Transport Region (OTR), therefore, the

section 182(b)(2) RACT requirements

are applicable to sources throughout the

State. The schedule for implementing

the RACT rules in an OTR require final

installation of the actual VOC controls

by May 31, 1995 on those sources for

which installation by that date is

practicable.

New Jersey’s VOC regulation,

Subchapter 16, ‘‘Control and Prohibition

of Air Pollution by Volatile Organic

Compounds,’’ of Chapter 27, Title 7 of

the New Jersey Administrative Code,

was previously approved by EPA as

fulfilling the requirement to address all

source categories covered by a preenactment CTG document (59 FR 17933,

April 15, 1994). Since enactment of the

Clean Air Act amendments, EPA has

published three CTGs controlling

synthetic organic chemical

manufacturing industry (SOCMI)

distillation operations, SOCMI reactor

operations, and wood furniture

manufacturing operations. New Jersey’s

previously approved Subchapter 16

regulates both SOCMI operations under

the process source gases provisions, and

wood furniture under the surface

coating provisions. A fourth CTG was