23216 Federal Register / Vol. 63, No. 81 /Tuesday, April 28, 1998 /Rules and Regulations

and from 4 p.m. to 6 p.m. During these

time periods the draw opens only for

tugs with tows if at least three-hours

advance notice is given, and the reason

for passage through the bridge during a

closure period is due to delay caused by

inclement weather or other emergency

or unforeseen circumstances.

From April 21, 1998, through May 19,

1998, this deviation requires three-hours

advance notice for openings of the

Wicomico River Main Street Bridge

from 9 a.m. through 3 p.m. on weekdays

and from 7 p.m. on Fridays through 6

a.m. on Mondays.

Dated: April 17, 1998.

J. Carmichael,

Captain, U.S. Coast Guard, Acting

Commander, Fifth Coast Guard District.

[FR Doc. 98–11228 Filed 4–27–98; 8:45 am]

BILLING CODE 4910–15–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01–98–026]

RIN 2115–AA97

Safety Zone: Fleet Week 1998 Parade

of Ships, Port of New York and New

Jersey

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing temporary safety zones for

the Fleet Week 1998 Parade of Ships. A

moving safety zone includes all waters

500 yards ahead and astern, and 200

yards on each side of the designated

column of parade vessels as it transits

New York Harbor’s Upper Bay and the

Hudson River, from the Verrazano

Bridge to the George Washington Bridge.

This action is necessary to prevent

vessels from impeding the parade

column and keep traffic to the western

side of the Hudson River.

DATES: This rule is effective from 9 a.m.

to 4 p.m. on Wednesday, May 20, 1998,

unless terminated sooner by the Captain

of the Port, New York.

ADDRESSES: You may mail comments to

the Commander (wob) (CGD01–98–026),

Coast Guard Activities New York, 212

Coast Guard Drive, Staten Island, New

York 10305–5005; or deliver them to

room 205 at the same address between

8 a.m. and 3 p.m., Monday through

Friday, except federal holidays. The

Waterways Oversight Branch (wob) of

Coast Guard Activities New York

maintains the public docket for this

rulemaking. Comments and documents

as indicated in this preamble will

become part of this docket and will be

available for inspection or copying at

the same location, dates, and times

listed above.

FOR FURTHER INFORMATION CONTACT:

Lieutenant (Junior Grade) A. Kenneally,

Waterways Oversight Branch, Coast

Guard Activities New York, at (718)

354–4195.

SUPPLEMENTARY INFORMATION:

Regulatory History

Pursuant to 5 U.S.C. 553, a notice of

proposed rulemaking (NPRM) was not

published for this regulation. Good

cause exists for not publishing an NPRM

and for making this regulation effective

less than 30 days after Federal Register

publication. Due to the date that

accurate information concerning any

pre-parade events and times became

available, as well as a change in the

personnel handling the event

particulars, there was insufficient time

to draft and publish an NPRM. Any

delay encountered in this rule’s

effective date would be contrary to

public interest, since immediate action

is needed to protect the visiting vessels

from being hazarded by smaller,

privately-owned vessels while the larger

vessels are in formation.

Background and Purpose

In mid-February, the Intrepid

Museum Foundation submitted an

Application for Approval of Marine

Event to sponsor a parade of U.S. Coast

Guard, U. S. Navy, and foreign naval

ships through the Port of New York and

New Jersey. This regulation establishes

a moving safety zone to include all

waters 500 yards ahead and astern, and

200 yards on each side of the designated

column of parade vessels as it transits

the Port of New York and New Jersey

from the Verrazano Narrows Bridge

through the waters of the Hudson River

to Riverbank State Park, between West

137th and West 144th Streets,

Manhattan, New York. The zone will

expand beyond the parade vessel

column east to the Manhattan shoreline

between Piers 84 and 88, Manhattan,

New York, as the column passes by that

area. This expansion will give the

public an unobstructed view of the

parade from the pierside reviewing

stand. Then, 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 radius of each vessel from its

turning point until it is safely berthed.

This regulation is in effect from 9:00

a.m. to 4:00 p.m. on May 20, 1998,

unless extended or terminated sooner by

the Coast Guard 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.

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 10(e) of the

regulatory policies and procedures of

DOT is unnecessary. This finding is

based on the following: 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 by that area; 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.

Small Entities

Under the Regulatory Flexibility Act

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

must consider whether this regulation

will have a significant impact on a

substantial number of small entities.

‘‘Small entities’’ include small

businesses, not-for-profit organizations

that are independently owned and

operated and are not dominant in their

fields, and governmental jurisdictions

with populations less than 50,000.

For the reasons set forth in the

Regulatory Evaluation section, the Coast

Guard expects the impact of this

proposal to be minimal. In addition,
Federal Register / Vol. 63, No. 81 /Tuesday, April 28, 1998 /Rules and Regulations 23217

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. The Coast Guard

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

rule will not have a significant

economic impact on a substantial

number of small entities. If, however,

you think that your business or

organization qualifies as a small entity

and that this rule will have a significant

economic impact on it, please submit a

comment explaining why you think it

qualifies, and in what way and to what

degree this rule will adversely affect it.

Collection of Information

This final rule does not provide for a

collection-of-information 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 criterion contained in Executive

Order 12612 and has determined that

this regulation does not have sufficient

implications for federalism to warrant

the preparation of a Federalism

Assessment.

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 rule 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.

Regulation

For reasons set out in the preamble,

the Coast Guard amends 33 CFR part

165 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. A temporary section, 165.T01–026,

is added to read as follows:

§ 165.T01–026 Safety Zone: Fleet Week

1998 Parade of Ships, Port of New York and

New Jersey.

(a) Location. The following are safety

zones:

(1) A moving safety zone including all

waters 500 yards ahead and astern, and

200 yards on each side of the designated

column of parade vessels as it transits

from the Verrazano Narrows Bridge

through the waters of the Hudson River

to Riverbank State Park, between West

137th and West 144th Streets,

Manhattan, New York.

(2) A safety zone including all waters

of the Hudson River between Piers 84

and 88, Manhattan, New York, from the

parade column east to the Manhattan

shoreline as the column passes by that

area.

(3) A moving safety zone including all

waters within a 200 yard radius of each

parade vessels from its turning point

near Riverbank State Park until the

vessel is safely berthed.

(b) Effective period. This section is

effective from 9 a.m. to 4 p.m. on May

20, 1998.

(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: April 13, 1998.

L.M. Brooks,

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

Port, New York, Acting.

[FR Doc. 98–11227 Filed 4–27–98; 8:45 am]

BILLING CODE 4910–15–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD 05–98–008]

RIN 2115–AA97

Safety Zone; Atlanta Ocean, Vicinity of

Cape Henlopen State Park, DE

AGENCY: Coast Guard, DOT.

ACTION: Temporary rule.

SUMMARY: The Coast Guard is

establishing a safety zone in the Atlantic

Ocean near Cape Henlopen State Park,

Delaware. The safety zone is necessary

to protect spectators and other vessels

from the potential hazards associated

with the Super Loki Rocket Launch

from Cape Henlopen State Park.

DATES: This rule is effective May 9 and

May 10, 1998.

FOR FURTHER INFORMATION CONTACT:

Chief Petty Officer Ward, Project

Manager, Waterways and Waterfront

Facilities Branch, at (215) 271–4888.

SUPPLEMENTARY INFORMATION: In

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

of proposed rulemaking (NPRM) was

not published for this regulation 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 the public’s

interest because immediate action is

needed to protect vessel traffic from the

potential hazards associated with the

splashdown of the motor from a Super

Loki Meteorological Rocket.

Drafting Information: The principal

persons involved in drafting this

document are S. L. Phillips, Project

Manager, Operations Division, Auxiliary

Section, Fifth Coast Guard District and

LTJG P. Markland, Project Counsel,

Maintenance and Logistics Command

Atlantic, Legal Division.

Background and Purpose

The Delaware Aerospace Education

Foundation is launching a Super Loki

Meteorological Rocket from Cape

Henlopen State Park for the purpose of

collecting meteorological data. The

rocket payload will splash down in the

Atlantic Ocean approximately 22

nautical miles southeast of the launch

point. The rocket motor is expected to

splash down within 2 nautical miles of

the launch point. 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 the subsequent splashdown of the

rocket motor.

Discussion of the Regulation

This safety zone includes an 8 square

mile section of the Atlantic Ocean

adjacent to the launch site at Cape

Henlopen State Park in Delaware.

Specifically, the safety zone includes

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; then east to a

point located at latitude 38°49.4′ North,

longitude 75°01.0′ West; then south to a