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
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.