30632 Federal Register / Vol. 63, No. 108 / Friday, June 5, 1998 /Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD 05–98–037]

Special Local Regulations for Marine

Events; Norfolk Harbor, Elizabeth

River, Norfolk and Portsmouth, VA

AGENCY: Coast Guard, DOT.

ACTION: Notice of implementation.

SUMMARY: This notice implements the

special local regulations at 33 CFR

100.501 during the start of the Cock

Island Race, a marine event to be held

in the Elizabeth River, Norfolk and

Portsmouth, Virginia on June 26, 1998.

These special local regulations are

necessary to control vessel traffic in the

vicinity of Norfolk Harbor due to the

confined nature of the waterway and

expected vessel congestion during the

start of the race. The effect will be to

restrict general navigation in the

regulated area for the safety of race

participants, spectator craft and other

vessels transiting the event area.

DATES: 33 CFR 100.501 is effective from

9 a.m. to 4 p.m. on June 26, 1998.

FOR FURTHER INFORMATION CONTACT:

Chief Warrant Officer D. Merrill, Marine

Events Coordinator, Commander, Coast

Guard Group Hampton Roads, 4000

Coast Guard Blvd., Portsmouth, VA

23703–2199, (757) 483–8568.

SUPPLEMENTARY INFORMATION: Ports

Events, Inc., will sponsor the Cock

Island Race on June 26, 1998. The race

will consist of 300 sailboats, ranging in

length from 22′ to 60′. The participants

will be divided into classes, with each

class starting at 10 minute intervals

from the Portsmouth Seawall area of the

Elizabeth River. They will race to

Hampton Roads and return. A large

spectator fleet is anticipated. Therefore,

to ensure the safety of the racers,

spectators and transiting vessels, 33 CFR

100.501 will be in effect during the start

of the race. Under provisions of 33 CFR

100.501, a vessel may not enter the

regulated area unless it receives

permission from the Coast Guard Patrol

Commander. Because these restrictions

will be in effect for a limited period,

they should not result in a significant

disruption of maritime traffic.

Dated: May 26, 1998.

P.M. Stillman,

Captain, U.S. Coast Guard, Acting

Commander, Fifth Coast Guard District.

[FR Doc. 98–15035 Filed 6–4–98; 8:45 am]

BILLING CODE 4910–15–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD01–98–017]

RIN 2115–AE46

Special Local Regulation: Harvard-Yale

Regatta, Thames River, New London,

CT

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is issuing a

temporary rule to change the effective

dates for the special local regulations for

this year’s Harvard-Yale Regatta. The

Harvard-Yale Regatta will be held on

June 6, 1998, on the Thames River in

New London, Connecticut. This

regulation is necessary to control vessel

traffic within the immediate vicinity of

the event due to the confined nature of

the event, thus providing for the safety

of life and property on the affected

navigable waters.

DATES: This rule is effective on June 6,

1998, from 3 p.m. to 8 p.m. If the regatta

is canceled due to weather, this rule

will be in effect on the following day,

Sunday June 7, 1998, from 6 a.m. to 11

a.m.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Commander Mark A.

Cawthorn, Assistant Chief, Search and

Rescue Branch, First Coast Guard

District, (617) 223–8460.

SUPPLEMENTARY INFORMATION:

Regulatory History

The special local regulation in 33 CFR

100.101 for the annual Harvard-Yale

Regatta was published on May 13, 1996

at 62 FR 21960. The regulation’s

effective date does not allow automatic

implementation of the rule each year.

This regulation is necessary to suspend

paragraph (b) of 33 CFR 100.101 and

add paragraph (d) specifying the

effective dates for this year’s event.

Good cause exists for providing for this

regulation to become effective in less

than 30 days after Federal Register

publication. Publishing an NPRM would

require a 30-day comment period and

the final rule would not be effective

before the scheduled event. The Coast

Guard believes delaying the event in

order to provide a 30-day delayed

effective date would be contrary to the

public interest given this event’s local

popularity.

Background and Purpose

The Harvard-Yale regatta is an annual

rowing race sponsored by the HarvardYard Regatta Committee. Participating

rowboats require favorable navigable

conditions. A portion of the Thames

River in New London, Connecticut will

be closed during the effective period.

The regulated area is that area of the

river between the Penn Central

Drawbridge and Bartlett’s Cove. This

regulated area is needed to protect life

and property during the event. For

further information and restrictions

regarding this event see 33 CFR 100.101.

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. The Office of Management and

Budget has exempted this temporary

rule from review under that order. This

temporary rule 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 10e of the regulatory policies

and procedures of DOT, is unnecessary.

The effect of this temporary rule will

not be significant for several reasons:

Entry into the regulated area is

restricted for a short duration; vessels

may transit around the regulated area;

and the extensive advance advisories

that will be made.

Small Entities

Under the Regulatory Flexibility Act

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

considered whether this rule would

have a significant economic impact on

a substantial number of small entities.

‘‘Small entities’’ may include (1) small

businesses and not-for-profit

organizations that are independently

owned and operated and are not

dominant in their fields and (2)

governmental jurisdictions with

populations of less than 50,000.

For the reasons discussed in the

Regulatory Evaluation, 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.

Collection of Information

This rule 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

rule under the principles and criteria

contained in Executive Order 12612 and
Federal Register / Vol. 63, No. 108 / Friday, June 5, 1998 /Rules and Regulations 30633

have determined that this rule does not

have sufficient federalism implications

to warrant the preparation of a

Federalism Assessment.

Environment

The Coast Guard has considered the

environmental impact of this rule and

concluded that under Figure 2–1,

paragraph 34(h), of Commandant

Instruction M16475.1C, this rule is

categorically excluded from further

environmental documentation.

List of Subjects in 33 CFR Part 100

Marine safety; Navigation (water);

Reporting and recordkeeping

requirements; Waterways.

Final Regulation

For the reasons set out in the

preamble, the Coast Guard temporarily

amends 33 CFR part 100 as follows:

1. The authority citation for part 100

continues to read as follows:

Authority: 33 U.S.C. 1233 through 1236; 49

CFR 1.46 and 33 CFR 100.35.

2. From 3 p.m. to 8 p.m. on June 6,

1998, in § 100.101, paragraph (b) is

suspended and a new paragraph (d) is

added to read as follows:

§ 100.101 Harvard-Yale Regatta, Thames

River, New London, CT.

(d) Effective period. This section is in

effect on June 6, 1998, from 3 p.m. to 8

p.m. If the regatta is canceled due to

weather, this section will be in effect on

the following day, Sunday, June 7, 1998

from 6 a.m. to 11 a.m.

Dated: May 26, 1998.

James D. Garrison,

Captain, U.S. Coast Guard, Acting

Commander, First Coast Guard District.

[FR Doc. 98–15034 Filed 6–4–98; 8:45 am]

BILLING CODE 4910–15–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01–98–014]

RIN 2115–AA97

Safety Zone: Macy’s Fourth of July

Fireworks, East River, NY

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone for

the Macy’s Fourth of July fireworks

program located on the East River. The

safety zone is in effect from 7:30 p.m.

until 11:30 p.m. on Saturday, July 4,

1998. This action is necessary to

provide for the safety of life on

navigable waters during the event. This

action is intended to restrict vessel

traffic in a portion of the East River.

DATES: This rule is effective from 7:30

p.m. until 11:30 on Saturday, July 4,

1998.

ADDRESSES: Comments may be mailed to

the Waterways Oversight Branch

(CGD01–98–014), Coast Guard Activities

New York, 212 Coast Guard Drive,

Staten Island, New York 10305, or may

be delivered to room 205 at the same

address between 8 a.m. and 3 p.m.,

Monday through Friday, except Federal

holidays. The telephone number is (718)

354–4195.

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 at

room 205, Coast Guard Activities New

York, 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. Final plans for the event were

not made until May 4, 1998. Any delay

encountered in this regulation’s

effective date would be contrary to

public interest since immediate action is

needed to close a portion of the

waterway and protect the maritime

public from the hazards associated with

this fireworks display, which is

intended for pubic entertainment.

Background and Purpose

Macy’s East, Inc. has submitted an

Application for Approval of Marine

Event to hold a fireworks program on

the waters of the East River at

Manhattan, New York. This regulation

establishes a safety zone in all waters of

the East River, north of the Brooklyn

Bridge, and south of a line drawn from

Lawrence Point (40°47′27′′N

073°54′35′′W NAD 1983) to Stony Point

(40°47′48′′N 073°54′42′′W NAD 1983),

and south of the Harlem River Foot

Bridge, New York. This safety zone area

also includes all waters of Newtown

Creek west of the Pulaski Bascule

Bridge. The safety zone is in effect from

7:30 p.m. until 11:30 p.m. on Saturday,

July 4, 1998. The safety zone prevents

vessels from transiting this portion of

the East River and is needed to protect

boaters from the hazards associated with

fireworks launched from 4 separate

barges in the area. No vessel may enter

the safety zone without permission of

the Captain of the Port New York. In

order to facilitate an orderly viewing of

and departure after the event, vessels

will be allowed to take position within

the zone as follows: vessels less than 20

meters (65.6 feet) in length, carrying

persons for the purpose of viewing the

fireworks, may take position in the

northern area of the zone, north of the

southern tip of Roosevelt Island and in

the southern area of the zone, south of

the Williamsburg Bridge, and in

Newtown Creek, east of the Pulaski

Bascule Bridge. Vessels equal to or

greater than 20 meters (65.6 feet) in

length, carrying persons for the purpose

of viewing the fireworks, may take

position in an area at least 200 yards off

the bulkhead on the west bank and just

off the pierhead faces on the east bank

of the East River between the

Williamsburg Bridge and a line drawn

from East 15th Street, Manhattan, to a

point due east on the Brooklyn shore at

the north corner of the Bushwick Inlet

entrance.

Once in position within the zone, all

vessels must remain in position until

released by the Captain of the Port New

York. On scene patrol personnel will

monitor the number of designated

vessels taking position in the viewing

areas of the zone. If it becomes apparent

that any additional spectator vessels in

a specific viewing area will create a

safety hazard, the patrol commander

may prevent additional vessels from

entering into that viewing area. All

vessels must be in their respective

viewing areas no later than 7:30 p.m.

After the event has concluded and the

fireworks barges have safely relocated

outside of the main channel, vessels

will be allowed to depart by separate

viewing area as directed by the patrol

commander.

Vessels not complying with this

criteria have a significant potential to

create a hazardous condition in this area

of the East River, due in great part, to

the extremely strong currents.

This safety zone covers the minimum

area needed and imposes the minimum

restrictions necessary to ensure the