Federal Register / Vol. 63, No. 106 /Wednesday, June 3, 1998 /Rules and Regulations 30143

regulations in 33 CFR 100.114 (62 FR

30988; June 6, 1997). All vessels are

prohibited from entering a 500-yard

radius of navigable water surrounding

the launch platform used in each

fireworks display listed below.

Table 1—Fireworks Displays

May

1. Hull Memorial Day Festival, Date:

May 30, 1998, Time: 8 p.m. to 10 p.m.

Location: Off Nantasket Beach, Lat:

42°16.6′ N., Long: 070°51.5′ W. (NAD

1983)

June

2. Barnum Festival Fireworks, Date:

June 26, 1998, Time: 9 p.m. to 9:30

p.m., Location: Seaside Park,

Bridgeport Harbor, Lat: 43°11.5′ N.,

Long: 073°.09.5′ W. (NAD 1983)

Dated: May 24, 1998.

James D. Garrison,

Captain, U.S. Coast Guard, Acting

Commander, First Coast Guard District.

[FR Doc. 98–14703 Filed 6–2–98; 8:45 am]

BILLING CODE 4910–15–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01–98–009]

RIN 2121–AA97

Safety Zone; Coney Island Air Show

Days, Coney Island Channel, Brooklyn,

New York

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone in

the vicinity of Coney Island Channel for

the Coney Island Air Show Days. The

safety zone is in effect from 10:30 a.m.

until 2:00 p.m. on June 5, 6, and 7, 1998.

This action is necessary to provide for

the safety of life on navigable waters

during the event. It is intended to

restrict vessel traffic approximately 1⁄2

mile from the beach at Coney Island,

NY.

DATES: This rule is effective from 10:30

a.m. until 2:00 p.m. on June 5, 6, and

7, 1998.

ADDRESSES: Comments may be mailed to

Commander (wob) (CGD01–98–009),

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 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 in

room 205 at the same address between

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

Friday, except federal holidays.

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 this

application was received, there was

insufficient time to draft and publish an

NPRM. Any delay encountered in this

regulation’s effective date would be

contrary to public interest. Immediate

action is needed to close a portion of the

waterway and protect the maritime

public from the hazards associated with

this airshow, which is intended for

public entertainment.

Background and Purpose

Astroland Amusement Park has

submitted an Application for Approval

of Marine Event to hold the Coney

Island Air Show Days over the waters in

the vicinity of Coney Island Channel.

This regulation establishes a safety

zone, rectangular in shape; the borders

of which are marked by buoys in the

following positions:

Latitude Longitude

40° 34.03′ N 073° 59.81′ W, then

south to

40° 33.69′ N 073° 59.75′ W, then

east to

40° 33.94′ N 073° 57.19′ W, then

north to

40° 34.30′ N 073° 57.25′ W, then

west to the starting

point.

The safety zone is in effect from 10:30

a.m. until 2 p.m. June 5, 6, and 7, 1998.

The safety zone prevents vessels from

transiting an area adjacent to Coney

Island. This safety zone is needed to

provide unobstructed flight lines for the

U.S. Navy Blue Angels Jet

Demonstration Team and to protect

mariners from the hazards associated

with military aircraft flying high speed

maneuvers at low altitudes. No more

than 100 spectator crafts are expected

for the event.

Regulatory Evaluation

This 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 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 final rule to be so

minimal that a full Regulatory

Evaluation under paragraph 10e of the

regulatory policies and procedures of

DOT is unnecessary. This finding is

based on the following: pleasure craft

desiring to view the event will be able

to do so outside the safety zone;

commercial and recreational vessels

navigating Coney Island Channel can

alter their route south of the affected

area; the minimal time that vessels will

be restricted from the zone, and the

extensive advance notifications which

will be made.

Small Entities

Under the Regulatory Flexibility Act

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

considered whether this rule will have

a significant economic 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 of less than 50,000.

For the reasons discussed in the

Regulatory Evaluation section above, 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.

Collection of Information

This final rule does not provide for a

collection of information under the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501 et seq.).

Federalism

The Coast Guard has analyzed this

final rule under the principles and

criteria contained in Executive Order

12612, and has determined that this

final rule does not have sufficient

implications for federalism to warrant

the preparation of a Federalism

Assessment.
30144 Federal Register / Vol. 63, No. 106 /Wednesday, June 3, 1998 /Rules and Regulations

Environment

The Coast Guard considered the

environmental impact of this rule and

concluded that under Figure 2–1,

paragraph 34(g), of Commandant

Instruction M16475.1C, this final 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 the reasons discussed in the

preamble, the Coast Guard proposes to

amend 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. Add temporary section 165.T01–

009 to read as follows:

§ 165.T01–009 Safety Zone; Coney Island

Air Show Days, Brooklyn, New York.

(a) Location. The following area is a

safety zone: all waters in the vicinity of

Coney Island Channel, approximately 1⁄2

mile from shore; rectangular in shape,

the corners of which are marked by

buoys in the following positions:

Latitude Longitude

40° 34.03′ N 073° 59.81′ W, then

south to

40° 33.69′ N 073° 59.75′ W, then

east to

40° 34.94′ N 073° 57.19′ W, then

north to

40° 34.30′ N 073° 57.25′ W, then

west to the starting

point.

(b) Effective period. This section is in

effect from 10:30 a.m. until 2 p.m. on

June 5, 6, and 7, 1998.

(c) Regulations. (1) The general

regulations contained in 33 CFR 165.23

apply.

(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: May 7, 1998.

Richard C. Vlaun,

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

Port, New York.

[FR Doc. 98–14704 Filed 6–2–98; 8:45 am]

BILLING CODE 4910–15–M

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 97–228; RM–9163]

Radio Broadcasting Services; Pima,

AZ

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This document allots Channel

296A to Pima, Arizona, as that

community’s first local aural

transmission service, in response to a

petition for rule making filed on behalf

of R. A. Montierth Enterprises, L.L.C.

See 62 FR 61721, November 19, 1997.

Coordinates used for Channel 296A at

Pima, Arizona, are 32–53–36 and 109–

49–42. As Pima is located within 320

kilometers (199 miles) of the U.S.-

Mexico border, the Commission

obtained concurrence of the Mexican

government to the requested allotment

of Channel 296A at that community.

With this action, the proceeding is

terminated.

DATES: Effective July 6, 1998. A filing

window for Channel 296A at Pima,

Arizona, will not be opened at this time.

Instead, the issue of opening a filing

window for this channel will be

addressed by the Commission in a

separate Order.

FOR FURTHER INFORMATION CONTACT:

Nancy Joyner, Mass Media Bureau, (202)

418–2180. Questions related to the

application filing process should be

addressed to the Audio Services

Division, (202) 418–2700.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 97–228,

adopted May 13, 1998, and released

May 22, 1998. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the FCC’s Reference

Center (Room 239), 1919 M Street, NW.,

Washington, DC. The complete text of

this decision may also be purchased

from the Commission’s copy contractor,

International Transcription Service,

Inc., 1231 20th Street, NW.,

Washington, DC 20036, (202) 857–3800.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Part 73 of Title 47 of the Code of

Federal Regulations is amended as

follows:

PART 73—[AMENDED]

1. The authority citation for part 73

reads as follows:

Authority: 47 U.S.C. 154, 303, 334, 336.

§ 73.202 [Amended]

2. Section 73.202(b), the Table of FM

Allotments under Arizona, is amended

by adding Pima, Channel 296A.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 98–14685 Filed 6–2–98; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 97–222; RM–9180 and RM–

9214]

Radio Broadcasting Services; McMillan

and Sault Ste. Marie, MI

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This document allots Channel

*272C3 to Sault Ste. Marie, Michigan,

and reserves the channel for

noncommercial educational use in

response to a petition filed by Northern

Christian Radio, Inc. See 62 FR 17372,

October 31, 1997. The coordinates for

Channel *272C3 at Sault Ste. Marie are

46–29–36 and 84–21–06. Canadian

concurrence has been obtained for this

allotment. In response to a

counterproposal filed by Linda K.

Graver, President of Black Bear

Broadcasting Company of Bay City,

Michigan, we will allot Channel 244C3

to McMillan, Michigan. The coordinates

for Channel 244C3 are 46–20–24 and

85–41–12. Canadian concurrence has

been obtained for this allotment. With

this action, this proceeding is

terminated. A filing window for

Channel 244C3 at McMillan, Michigan,

will not be opened at this time. Instead

the issue of opening a filing window for

this channel will be addressed by the

Commission in a subsequent order.

EFFECTIVE DATE: July 6, 1998.

FOR FURTHER INFORMATION CONTACT:

Kathleen Scheuerle, Mass Media

Bureau, (202) 418–2180.