23218 Federal Register / Vol. 63, No. 81 /Tuesday, April 28, 1998 /Rules and Regulations

point located at latitude 38°43.0′ North,

longitude 75°01.0′ West; then west to a

point on the shoreline located at

latitude 38°43.0′ North, longitude

75°04.5′ West.

This safety zone is necessary to

protect spectators and transiting vessels

from the potential hazards associated

with the launch of the Super Loki

Meteorological Rocket and subsequent

splashdown of the rocket motor. The

safety zone is effective on May 9 and

May 10, 1998 and will be enforced on

those days until the Coast Guard is

satisfied that the spent rocket no longer

poses a hazard to mariners. The Coast

Guard will announce via Broadcast

Notice to Mariners the anticipated time

of the launch. Vessels are prohibited

from transiting through the safety zone

without first obtaining permission from

the Captain of the Port, Philadelphia.

Regulatory Evaluation

This temporary 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 temporary rule to be so

minimal that a full Regulatory

Evaluation under paragraph 10e of the

regulatory policies and procedures of

DOT is unnecessary. Because the

regulated area is limited to 8 square

miles and will only be enforced while

the rocket’s spent motor poses a hazard,

the impact on routine navigation is

expected to be minimal.

Collection of Information

This temporary rule contains no

Collection of Information requirements

under the Paperwork Reduction Act (44

U.S.C. 3501–3520).

Federalism

The Coast Guard has analyzed this

temporary rule under the principles and

criteria contained in Executive Order

12612 and has determined that this

action does not have sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

Environment

The Coast Guard considered the

environmental impact of this temporary

rule and concluded that, under section

2.b.2.b and item (34)(g) of Figure 2–1 of

Commandant Instruction M16475.1C

dated 14 November 1997, this rule is

categorically excluded from further

environmental documentation.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and recordkeeping

requirements, Security measures,

Waterways.

For the reasons set out in the

preamble, 33 CFR part 165 is amended

as follows:

PART 165—[AMENDED]

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. Section 165.T05.008 is added to

read as follows:

§ 165.T05.008 Safety Zone: Atlantic Ocean,

Vicinity of Cape Henlopen State Park,

Delaware.

(a) Location. The following area is a

safety zone: All the waters of the

Atlantic Ocean that are within the area

bounded by a line drawn north from the

tip of Cape Henlopen located at latitude

38°48.2′ North, longitude 75°05.5′ West,

to a point located at latitude 38°49.4′

North, longitude 75°05.5′ West; thence

east to a point located at latitude

38°49.4′ North, longitude 75°01.0′ West;

thence south to a point located at

latitude 38°43.0′ North, longitude

75°01.0′ West; thence west to a point on

the shoreline located at latitude 38°43.0′

North, longitude 75°04.5′ West. All

coordinates reference Datum: NAD

1983.

(b) Effective Dates. This section is

effective May 9 and May 10, 1998.

(c) General Information.

(1) The Captain of the Port and the

Duty Officer at the Marine Safety Office,

Philadelphia, Pennsylvania, can be

contacted at telephone number (215)

271–4940 and on VHF channels 13 and

16.

(2) The Captain of the Port may

authorize and designate any Coast

Guard commissioned, warrant, or petty

officer to act on his behalf in enforcing

this safety zone.

(d) Regulation. The general

regulations governing safety zones

contained in § 165.23 apply. Vessels

may not transit the safety zone without

first obtaining permission from the

Captain of the Port.

Dated: April 3, 1998.

John E. Veentjer,

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

Port, Philadelphia, PA.

[FR Doc. 98–11225 Filed 4–27–98; 8:45 am]

BILLING CODE 4910–15–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Los Angeles-Long Beach, 97–007]

RIN 2115–AA97

Safety Zone: Los Angeles Harbor; San

Pedro Bay, CA

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: The Coast Guard is adopting

as final with changes an interim rule

that modified the locations of two safety

zones and created an additional moving

safety zone surrounding the Dredge

FLORIDA while engaged in dredging

operations associated with Stage II of

the Pier 400 project, in Los Angeles

Harbor and San Pedro Bay, CA.

DATES: This regulation is effective from

6 a.m. PDT on May 28, 1998 until 11:59

PST on December 31, 1999.

ADDRESSES: Documents as indicated in

this preamble are available for

inspection or copying at the U.S. Coast

Guard Marine Safety Office Los

Angeles-Long Beach, 165 N. Pico

Avenue, Long Beach, CA 90802.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Keith Whiteman, Chief, Port

Safety and Security Division, Marine

Safety Office Los Angeles-Long Beach;

(562) 980–4454.

SUPPLEMENTARY INFORMATION:

Regulatory History

On November 19, 1997, the Coast

Guard published an interim rule with

request for comments for this regulation

in the Federal Register (62 FR 61630).

The public was given until January 20,

1998, to comment on the regulation. No

public comments were received with

respect to the interim rule.

Background and Purpose

In the interim rule, the Coast Guard

revised the safety zone boundaries

codified in 33 CFR Part 165.1110 to

better conform with the location of

dredging and landfill activities

associated with stage II of the Pier 400

project. The Coast Guard also added a

third safety zone encompassing all

navigable waters within 50 yards on all

sides of the Dredge FLORIDA while it is

engaged in dredging operations relating

to the Pier 400 project, provided the

FLORIDA is located within 3 nautical

miles of the baseline from which the

United States’ territorial sea is

measured. The new safety zones will

remain in effect for the duration of the

Pier 400 project.
Federal Register / Vol. 63, No. 81 /Tuesday, April 28, 1998 /Rules and Regulations 23219

Discussion of Regulation

The construction of Stage II of the Pier

400 project officially began on July 15,

1997. These revised safety zones are

necessary for safeguarding recreational

and commercial vessels from the

dangers of the dredging and landfill

activities in the project area and to

prevent interference with vessels

engaged in these operations. All persons

and vessels are prohibited from entering

into, transiting through or anchoring

within the safety zone unless authorized

by the Captain of the Port Los AngelesLong Beach, CA.

Discussion of Changes

The safety zones published in the

interim rule with request for comments

(62 FR 61630) are being adopted with a

correction to one of the latitudinal

coordinates defining the boundary of

the Pier 400 safety zone: the correct

third latitudinal coordinate defining the

boundary of the Pier 400 safety zone is

33°43′3.50′′N, vice 33°43′48.50′′N,

which was incorrectly published in the

interim rule. This change actually

decreases the size of the safety zone and

will not negatively impact port users.

Regulatory Assessment

The final 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

regulation to be so minimal that a full

Regulatory Evaluation under paragraph

10(e) of the regulatory policies and

procedures of the Department of

Transportation is unnecessary. Due to

the limited geographical scope of the

exclusionary areas created by this rule,

only minor delays to mariners are

foreseen, as vessel traffic can be directed

around the area of the safety zones.

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 may include small

businesses and not-for-profit

organizations that are not dominant in

their respective fields, and

governmental jurisdictions with

populations less than 50,000. For the

same reasons set forth in the above

Regulatory Evaluation, the Coast Guard

certifies under 5 U.S.C. 605(b) that this

rule is not expected to have a significant

economic impact on any substantial

number of entities, regardless of their

size.

Assistance for Small Entities

In accordance with § 213(a) of the

Small Business Regulatory Enforcement

Fairness Act of 1996 (Pub. L. 104–121),

the Coast Guard wants to assist small

entities in understanding this rule so

that they can better evaluate its effects

on them and participate in the

rulemaking process. If your small

business or organization is affected by

this rule and you have questions

concerning its provisions or options for

compliance, please contact Lieutenant

Keith Whiteman, Marine Safety Office

Los Angeles-Long Beach, Long Beach,

CA, at (562) 980–4454.

Collection of Information

This regulation 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

regulation 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.

Environmental Assessment

The Coast Guard considered the

environmental impact of this regulation

and concluded that under paragraph

2.B.2.b.(34)(g) of Commandant

Instruction M16475.1C, this rule is

categorically excluded from further

environmental documentation. This

regulation is not expected to

individually or cumulatively have a

significant effect on the human

environment. A Categorical Exclusion

Determination and an Environmental

Analysis Checklist is available for

inspection and copying in the docket to

be maintained where indicated under

ADDRESSES.

Unfunded Mandates

Under the Unfunded Mandates

Reform Act of 1995 (Pub. L. 104–4), the

Coast Guard must consider whether this

rule will result in an annual

expenditure by state, local, and tribal

governments, in the aggregate of $100

million (adjusted annually for inflation).

If so, the Act requires that a reasonable

number of regulatory alternatives be

considered, and that from those

alternatives, the least costly, most costeffective, or least burdensome

alternative that achieves the objective of

the rule be selected.

No state, local, or tribal government

entities will be affected by this rule, so

this rule will not result in annual or

aggregate costs of $100 million or more.

Therefore, the Coast Guard is exempt

from any further regulatory

requirements under the Unfunded

Mandates Act.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and recordkeeping

requirements, Security measures,

Waterways.

Regulation

Accordingly, the interim rule

amending 33 CFR part 165 which was

published at 62 FR 61630 on November

19, 1997, is adopted as a final rule with

the following change:

PART 52—[AMENDED]

1. The authority citation for Part 165

continues to read as follows:

Authority: 33 U.S.C. 1231; 50 U.S.C. 191;

and 33 CFR 1.05–1(g), 6.04–1, 6.04–6, and

160.5; 49 CFR 1.46.

2. Section 165.1110 is revised to read

as follows:

§ 165.1110 Safety Zone: Los Angeles

Harbor; San Pedro Bay, CA.

(a) Location. The following areas are

established as safety zones:

(1) Pier 400: Those waters of Los

Angeles Harbor and San Pedro Bay in

the vicinity of Pier 400 as defined by the

lines connecting the following

coordinates.

Latitude Longitude

33–44′–29.06′′N 118–14′–17.25′′W

33–43′–48.06′′N 118–13′–59.25′′W

33–43′–03.50′′N 118–14′–11.72′′W

33–42′–45.17′′N 118–15′–04.78′′W

33–43′–00.00′′N 118–15′–29.90′′W

33–43′–21.94′′N 118–15′–41.51′′W

33–43′–45.04′′N 118–15′–30.81′′W

33–43′–58.55′′N 118–14′–44.38′′W

33–44′–03.70′′N 118–14′–26.65′′W

and thence to the point of origin. All

coordinates use Datum: NAD 83.

(2) Shallow Water Habitat Extension:

Those waters of Los Angeles Harbor and

San Pedro Bay as defined by the lines

connecting the following coordinates.

Latitude Longitude

33–42′–32.10′′N 118–15′–00.00′′W

33–42′–49.84′′N 118–15′–41.51′′W

33–42′–47.06′′N 118–15′–58.26′′W

33–42′–24.99′′N 118–15′–23–59′′W

and thence to the point of origin. All

coordinates use Datum: NAD 83.
23220 Federal Register / Vol. 63, No. 81 /Tuesday, April 28, 1998 /Rules and Regulations

(3) Moving Safety Zone: Dredge

FLORIDA. All waters within 50 yards on

all sides of the Dredge FLORIDA, when

it is within three nautical miles of the

base line from which the United States

territorial sea is measured and engaged

in dredging operations associated with

the Pier 400 project.

(b) Dates. This section is effective

from 6 a.m. PDT on May 28, 1998

through 11:59 p.m. PST on December

31, 1999.

(c) Regulations. In accordance with

the general regulations in § 165.23 of

this part, entry into, transit through, or

anchoring within any of these safety

zones is prohibited unless authorized by

the Captain of the Port Los AngelesLong Beach, CA.

Dated: April 13, 1998.

G.F. Wright,

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

Port, Los Angeles-Long Beach, California.

[FR Doc. 98–11224 Filed 4–27–98; 8:45 am]

BILLING CODE 4910–15–M

PANAMA CANAL COMMISSION

RIN 3207–AA45

35 CFR Parts 133 and 135

Tolls for Use of Canal; Rules for

Measurement of Vessels

AGENCY: Panama Canal Commission.

ACTION: Final rule.

SUMMARY: The Panama Canal

Commission (Commission) is

establishing new toll rates for certain

small vessels using the waterway. These

new tolls are based on the overall length

of the vessels.

The Commission considers this

increase necessary to recover a portion

of the resources expended in the transit

of small vessels and to provide a more

efficient use of Canal capacity and

resources. This toll increase complies

with the statutory requirement which

requires the Commission to produce

revenues sufficient to cover all costs of

maintenance and operation of the

Panama Canal, including capital for

plant replacement, expansion and

improvements.

DATES: Effective June 1, 1998.

FOR FURTHER INFORMATION CONTACT: John

A. Mills, Telephone: (202) 634–6441,

Facsimile: (202) 634–6439, E-mail:

pancanalwo@aol.com; or Department of

Financial Management, Telephone: 011

(507) 272–3137, Facsimile: 011 (507)

272–3433, E-mail: fmf@pancanal.com.

SUPPLEMENTARY INFORMATION: These new

tolls are based on the overall length of

the vessel as follows: 1) up to 15.24

meters (50 feet), $500, (approximately

194 PC/UMS Net Tons at the current

laden rate); 2) more than 15.24 meters

(50 feet) up to 24.38 meters (80 feet),

$750, (approximately 291 PC/UMS Net

Tons at the current laden rate); 3) more

than 24.38 meters (80 feet) up to 30.48

meters (100 feet), $1,000,

(approximately 389 PC/UMS Net Tons

at the current laden rate); and, 4) more

than 30.48 meters (100 feet), $1,500,

(approximately 583 PC/UMS Net Tons

at the current laden rate).

In November, 1997, President Clinton

signed into law an amendment to Public

Law 96–70, section 1602 (22 U.S.C.

3792) which expanded the authority of

the Commission to fix tolls for small

vessels seeking to transit the Panama

Canal. On January 5, 1998, a notice of

proposed rulemaking was published in

the Federal Register (63 FR 186). The

Commission proposed to set a fixed,

minimum toll for certain small vessels

transiting the Panama Canal. The

proposal required all vessels with PC/

UMS Net Tonnages (laden or ballast) or

displacement tonnage which would

result in a toll of less than $1,500 to pay

a fixed, minimum toll of $1,500. This

change was deemed necessary because

small vessels impose administrative

costs and logistical problems which are

not offset by the tolls they currently pay.

To ensure maximum notification and

participation in the rulemaking process,

the Commission issued several official

announcements of its proposal through

press releases, the local media, and also

published the proposal at the

Commission’s web site on the Internet.

A written analysis of the proposal

explaining the proposed toll change was

made available to interested parties.

This document stated the proposed

revision to toll charges would produce

revenues sufficient to offset some of the

administrative and operating costs

actually incurred by the Commission in

transiting this type of vessel.

The Commission solicited written

comments from the public and received

over 92 responses from several sectors

of the local and international maritime

community. In addition, a hearing was

held in the Republic of Panama on

February 13, 1998, at the Miraflores

Visitors Pavilion Theater. A complete

record of that proceeding, including the

data and comments submitted by

interested parties, is contained in the

Panel Report to the Board of Directors

(Board) of the Commission, and is

available to the public. The views and

arguments presented by interested

parties, as well as other relevant

information, were considered by the

Board during its quarterly meeting on

March 30, 1998. Based upon this

review, and with the purpose of

recovering some of the resources

expended in the transit of small vessels,

the Board approved the implementation

of a modified, four-tier minimum toll

based on the overall length of small

vessels transiting the waterway. The

implementation date of the proposal

was also delayed to accommodate, to

some extent, those Canal customers

concerned with the impact a minimum

toll would have on them.

The Panel Report more fully

addresses the most significant

comments submitted by interested

parties, either in writing or in testimony

at the public hearing. Any interested

party, upon request and payment of

duplicating costs, may obtain a copy of

the report by contacting the

Commission.

Section 1602(b) of the Panama Canal

Act of 1979, as amended, (22 U.S.C.

3792(b)), requires Canal tolls be

prescribed at rates calculated to produce

revenues which cover as nearly as

practicable all costs of maintaining and

operating the Panama Canal, as well as

produce capital for plant replacement,

expansion and improvements. With the

implementation of this rule, the

Commission will better utilize the

operational, administrative, and

financial resources involved in the

transit of small vessels.

The Commission is exempt from

Executive Order 12866 and its

provisions do not apply to this rule.

Even if the Order were applicable, the

rule would not have a significant

economic impact on a substantial

number of small entities under the

Regulatory Flexibility Act. The

implementation of the rule will have no

adverse effect on competition,

employment, investment, productivity,

innovation, or on the ability of United

States-based enterprises to compete

with foreign-based enterprises in

domestic or export markets.

Finally, the Secretary of the Panama

Canal Commission certifies these

changes meet the applicable standards

set out in sections 2(a) and 2(b)(2) of

Executive Order 12778.

List of Subjects

35 CFR Part 133

Navigation, Panama Canal, Vessels.

35 CFR Part 135

Measurement, Panama Canal, Vessels.

For the reasons stated in the

preamble, the Panama Canal

Commission is amending 35 CFR parts

133 and 135 as follows: