18042 Federal Register / Vol. 62, No. 71 / Monday, April 14, 1997 / Rules and Regulations

(c) This regulation will be effective

from 7:00 a.m. to 10:00 a.m. May 2,

1997.

Dated: April 2, 1997.

T.W. Josiah,

Rear Admiral, U.S. Coast Guard Commander,

Eighth Coast Guard District.

[FR Doc. 97–9539 Filed 4–11–97; 8:45 am]

BILLING CODE 4910–14–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD07 97–012]

RIN 2115–AE46

Special Local Regulations: Fort

Lauderdale, Florida

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: Special local regulations are

being adopted for the 1997 Shell Air &

Sea Show. The event will be held on

May 2, 1997 from 10 a.m. until 1 p.m.

EDT, May 3, 1997 from 10 a.m. to 5 p.m.

EDT, May 4, 1997 from 10 a.m. to 5 p.m.

EDT on the Atlantic Ocean off Fort

Lauderdale Beach, Florida. The

regulations are needed to provide for the

safety of life on navigable waters during

the event because of the expected

concentration of spectator craft.

DATES: These regulations are effective

from: 9:30 a.m. to 1:30 p.m. EDT on May

2, 1997, 9:30 a.m. to 5:30 p.m. EDT on

May 3, 1997, and 9:30 a.m. to 5:30 p.m.

EDT on May 4, 1997.

FOR FURTHER INFORMATION CONTACT:

QMC T.E. KJERULFF Coast Guard

Group Miami, Florida at (305) 535–

4448.

SUPPLEMENTARY INFORMATION:

Background and Purpose

The 1997 Shell Air and Sea Show will

take place in the Atlantic Ocean from

Fort Lauderdale Beach out to 1⁄2 nautical

mile off shore, between Oakland Park

Boulevard and the 17th Street

Causeway. There will be approximately

18 participating racers in ski boats, jet

skis, and off shore racing powerboats. In

addition, various military aircraft,

including high performance aircraft,

will be operating at high speeds and low

altitudes in the area directly above the

regulated area.

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

notice of proposed rulemaking was not

published for these regulations and

good cause exists for making it effective

in less than 30 days after Federal

Register publication. Publishing a

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 due to the anticipated

concentration of spectator craft.

Following normal rulemaking

procedures would have been

impracticable, as there was not

sufficient time remaining to publish

proposed rules in advance of the event

or to provide for a delayed effective

date, because the final information

regarding which military aircraft would

participate, was only determined the

week of March 17, 1997.

Regulatory Evaluation

This regulation 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

10e of the regulatory policies and

procedures of DOT is unnecessary.

Entry into the regulated area is

prohibited for only 4.0 hours on the first

day of the event, and 8.0 hours on

second and third days 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 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 it will

be in effect for a maximum of eight

hours in a limited area.

Collection of Information

This rule contains 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 rule 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 action

consistent with Section 2.B.2 of

Commandant Instruction M16475.1B. In

accordance with that section, this action

has been environmentally assessed (EA

completed), and the Coast Guard has

determined that it will not significantly

affect the quality of the human

environment. An environmental

assessment and finding of no significant

impact have been prepared and are

available in the docket for inspection

and copying.

List of Subjects in 33 CFR Part 100

Marine safety, Navigation (water),

Reporting and recordkeeping

requirements, Waterways.

Special Local 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 and

33 CFR 100.35.

2. A temporary section 100.35T–07–

012 is added to read as follows:

§ 100.35T–07–012 Fort Lauderdale, FL.

(a) Regulated Area. All waters of the

Atlantic Ocean west of a line drawn

from 26–10.51N, 080–05.50W to 26–

06.50N, 080–05.50W. All coordinates

referenced use Datum: NAD 83.

(b) Regulations. (1) Entry into the

regulated area by other than event

participants is prohibited unless

otherwise authorized by the Patrol

Commander.

(2) All vessels shall immediately

follow any specific instructions given by

event patrol craft and exercise extreme

caution while operating in or near the

regulated area. A succession of no fewer

than 5 short whistle or horn blasts from

a patrol vessel will be the signal for any

non-participating vessels 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.

(3) After the termination of the 1997

Shell Air & Sea Show event for each
Federal Register / Vol. 62, No. 71 / Monday, April 14, 1997 / Rules and Regulations 18043

respective day, all vessels may resume

normal operations.

(c) Effective Dates. These regulations

become effective on: (1) May 2, 1997 at

9:30 a.m. and terminate at 1:30 p.m.

EDT, (2) May 3, 1997 at 9:30 a.m. and

terminate at 5:30 p.m. EDT, (3) May 4,

1997 at 9:30 a.m. and terminate at 5:30

p.m. EDT.

Dated: April 4, 1997.

J.W. Lockwood,

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

Seventh Coast Guard District.

[FR Doc. 97–9540 Filed 4–11–97; 8:45 am]

BILLING CODE 4910–14–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 151

[CGD 97–015]

RIN 2115–AF43

Antarctic Treaty Environmental

Protection Protocol

AGENCY: Coast Guard, DOT.

ACTION: Direct final rule.

SUMMARY: By this direct final rule, the

Coast Guard is establishing regulations

to implement the Antarctic Science,

Tourism, and Conservation Act of 1996.

These regulations should guide U.S.

owned and/or operated vessels to

properly prepare for voyages in the

Antarctic. This rule will harmonize U.S.

regulations with international

standards, and improve preparedness to

respond to a spill.

DATES: This rule is effective on

September 30, 1997, unless the Coast

Guard receives written adverse

comments or written notice of intent to

submit adverse comments on or before

June 30, 1997. If the effective date of

this action is delayed due to adverse

comments, timely notice will be

published in the Federal Register.

ADDRESSES: Comments may be mailed to

the Executive Secretary, Marine Safety

Council (G–LRA/3406) (CGD 97–015),

U.S. Coast Guard Headquarters, 2100

Second Street SW., Washington, DC

20593–0001, or may be delivered to

room 3406 at the same address between

9:30 a.m. and 2 p.m., Monday through

Friday, except Federal holidays. The

telephone number is (202) 267–1477.

The Executive Secretary maintains the

public docket for this rulemaking.

Comments will become part of this

docket and will be available for

inspection or copying at room 3406,

U.S. Coast Guard Headquarters, between

9:30 a.m. and 2 p.m., Monday through

Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

LCDR Ray Perry, Project Manager, Office

of Environmental Standards (G–MSO),

telephone (202) 267–2714.

SUPPLEMENTARY INFORMATION:

Request for Comments

Any comments must identify the

name and address of the person

submitting the comment, specify the

rulemaking docket (CGD 97–015) and

the specific section of this rule to which

each comment applies, and give the

reason for each specific comment.

Please submit two copies of all

comments and attachments in an

unbound format, no larger than 81⁄2 by

11 inches, suitable for copying and

electronic filing. Persons wanting

acknowledgment of receipt of comments

should enclose stamped, self-addressed

postcards or envelopes.

Regulatory Information

The Coast Guard is publishing a direct

final rule, the procedures of which are

outlined in 33 CFR 1.05–55, because no

adverse comments are anticipated. If no

adverse comments or any written notice

of intent to submit adverse comment are

received within the specified comment

period, this rule will become effective as

stated in the DATES section. In that case,

at least 30 days prior to the effective

date, the Coast Guard will publish a

notice in the Federal Register stating

that no adverse comment was received

and confirming that this rule will

become effective as scheduled.

However, if the Coast Guard receives

written adverse comment or written

notice of intent to submit adverse

comment, the Coast Guard will publish

a notice in the final rule section of the

Federal Register to announce

withdrawal of all or part of this direct

final rule. If adverse comments apply to

only part of this rule, and it is possible

to remove that part without defeating

the purpose of this rule, the Coast Guard

may adopt as final those parts of this

rule on which no adverse comments

were received. The part of this rule that

was the subject of adverse comment will

be withdrawn. If the Coast Guard

decides to proceed with a rulemaking

following receipt of adverse comments,

a separate Notice of Proposed

Rulemaking (NPRM) will be published

and a new opportunity for comment

provided.

A comment is considered ‘‘adverse’’ if

the comment explains why this rule

would be inappropriate, including a

challenge to the rule’s underlying

premise or approach, or would be

ineffective or unacceptable without a

change. A comment that requests

additional rulemaking on this or another

subject will not be treated as ‘‘adverse.’’

Background and Purpose

On October 2, 1996, the Antarctic

Science, Tourism, and Conservation Act

of 1996 became law (Pub. L. 104–227).

This Act implements the Protocol on

Environmental Protection to the

Antarctic Treaty done at Madrid on

October 4, 1991 (30 I.L.M. 1455). The

Act authorizes three agencies to issue

implementing regulations: The National

Science Foundation (NSF), the EPA, and

the Coast Guard. The Coast Guard is

issuing this rule with the concurrence of

the NSF in accordance with the Act.

The Coast Guard may issue such

regulations as are necessary and

appropriate to implement Annex IV to

the Protocol and Article 15 of the

Protocol with respect to vessels. Annex

IV to the Protocol, Prevention of Marine

Pollution, resembles in many respects

MARPOL 73/78. Article 15 of the

Protocol, Emergency Response Action,

requires that each party provide for

prompt and effective response actions to

such emergencies as might arise from

activities in the Antarctic, and the

establishment of contingency plans for

response to incidents with potential

adverse effects on the Antarctic

environment. For the most part, the

requirements under the Protocol are

already implemented in the U.S. under

the Act to Prevent Pollution from Ships

(33 U.S.C. 1901, et seq.). However, two

gaps between the existing regulations

and the statutory requirements of the

Act exist and are addressed in this

rulemaking.

Discussion of Rules

These rules will require owners and

operators of vessels under U.S.

jurisdiction and operating in the waters

below 60 degrees south latitude to

comply with standards specified in the

Protocol regarding sewage, and to

amend their shipboard oil pollution

emergency plans (SOPEP) to indicate

the need to contact Antarctic stations

that might be affected. This rule reflects

international requirements under the

Protocol. Changes to 33 CFR 151.26

would implement the provisions of

Article 15 of the Protocol addressing

response to pollution from vessels. A

new section 151.79 is added to

implement the provisions of Annex IV

of the Protocol addressing prevention of

pollution by sewage from vessels.

Regulatory Evaluation

This proposal is not a significant

regulatory action under section 3(f) of