32738 Federal Register / Vol. 63, No. 115 /Tuesday, June 16, 1998 /Rules and Regulations

South side of Chapter Oak Bridge to

Great River Park

32. City of Norwalk Fireworks

Date: July 3, 1998

Time: 9:15 p.m. to 10:15 p.m.

Rain date: July 4, 1998

Time: 9:15 p.m. to 10:15 p.m.

Location: Calf Pasture Beach, Long

Island Sound, Norwalk, CT

Lat: 41–04.50′′ N, Lat: 073–23.22′′ W

(NAD 1983)

33. Norwich American Wharf Fireworks

Date: July 4, 1998

Time: 9 p.m. to 11 p.m.

Rain date: July 5, 1998

Time: 9 p.m. to 11 p.m.

Location: Norwich Harbor, Norwich, CT

Lat: 41–31′06′′ N, Long: 072–04′46′′ W

(NAD 1983)

35. Stratford Fireworks

Date: July 3, 1998

Time: 9 p.m. to 10 p.m.

Location: Short Beach, Stratford, CT

Lat: 41–10.11′′ N, Long: 073–06.19′′ W

(NAD 1983)

36. Westport P.A.L. Fireworks

Date: July 2, 1998

Time: 9:30 p.m. to 10:30 p.m.

Location: Compo Beach, Westport, CT

37. Bayville Crescent Club Fireworks

Date: July 20, 1998

Time: 9:15 p.m. to 10 p.m.

Rain date: July 21, 1998

Time: 9:15 p.m. to 10 p.m.

Location: Cooper Bluff, Cove Neck, NY

Lat: 40–54′6′′ N, Long: 073–32′0′′ W

(NAD 1983)

40. Jones Beach State Park Fireworks

Date: July 4, 1998

Time: 9:30 p.m. to 9:55 p.m.

Location: Fishing Pier, Jones Beach

State Park, Wantagh, NY

Lat: 40–35.7′′ N, Long: 073–30.6′′ W

(NAD 1983)

47. Boys Harbor Fireworks Extravaganza

Date: July 18, 1998

Time: 9 p.m. to 10 p.m.

Location: Three Mile Harbor, East

Hampton, NY

Lat: 41–15′′ N, Long: 070–11.91′′ W

(NAD 1983)

August

4. Fall River Celebrates America

Fireworks

Date: August 8, 1998

Time: 9:15 p.m. to 10:30 p.m.

Location: Taunton River, vicinity of

buoy #17, Fall River, MA

Lat: 41–41.7′′ N, Long: 071–10.0′′ W

(NAD 1983)

9. Salute to Summer

Date: September 5, 1998

Time: 8:30 p.m. to 10 p.m.

Location: Narragansett Bay, East

Passage, off Coasters Harbor Island,

Newport, RI

Lat: 41–25′′ N, Long: 071–20′′ W (NAD

1993)

Dated: June 4, 1998.

James D. Garrison,

Captain, U.S. Coast Guard, Acting

Commander, First Coast Guard District.

[FR Doc. 98–15898 Filed 6–15–98; 8:45 am]

BILLING CODE 4910–15–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD01–98–045]

RIN 2115–AE46

Special Local Regulation: NewportBermuda Regatta, Narragansett Bay,

Newport, RI

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 Newport-Bermuda Regatta.

The Newport-Bermuda Regatta will be

held on June 19, 1998. This event

involves up to 120 ocean going sailboats

departing the entrance to Narragansett

Bay, Newport, RI, and racing to

Bermuda, U.K. This regulation is

necessary to control vessel traffic within

the immediate vicinity of the event due

to the confined nature to the event, thus

providing for the safety of life and

property on the affected navigable

waters.

DATES: This rule is effective on June 19,

1998, from 11 a.m. to 3:30 p.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

100.119 for the biennial NewportBermuda Regatta was published on June

24, 1996 at 61 FR 32332. The

regulation’s effective date does not

allow automatic implementation of the

rule each year. This regulation is

necessary to suspend paragraph (c) of 33

CFR 100.119 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 Newport-Bermuda regatta is a

biennial sailboat race sponsored by

Cruising Club of America. Participating

sailboats will require favorable

navigable conditions. A portion of the

East Passage of Narragansett Bay,

Newport, Rhode Island will be closed

during the effective period. This

regulated area is needed to protect life

and property during the event. For

further information and restrictions

regarding this event see 33 CFR 100.119.

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.
Federal Register / Vol. 63, No. 115 /Tuesday, June 16, 1998 /Rules and Regulations 32739

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

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 proposed

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 proposes to

temporarily amend 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 11 a.m. to 3:30 p.m. on June

19, 1998 in § 100.119, paragraph (c) is

suspended and a new paragraph (d) is

added to read as follows:

§ 100.119 Newport-Bermuda Regatta,

Narragansett Bay, Newport, RI.

* * * * *

(d) Effective period. This section is in

effect on June 19, 1998, from 11 a.m. to

3:30 p.m.

Dated: May 29, 1998.

James D. Garrison,

Captain, U.S. Coast Guard, Acting

Commander, First Coast Guard District.

[FR Doc. 98–15897 Filed 6–15–98; 8:45 am]

BILLING CODE 4910–15–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 110

[CGD11–97–002]

RIN 2115–AA98

Anchorage Regulation; San Francisco

Bay, California

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: The Coast Guard hereby

revises the regulations for the existing

explosive anchorage, Anchorage 14

within General Anchorage 9, in San

Francisco Bay, California. This revision

realigns Anchorage 14 in a true northsouth direction amd moves it northerly

to include deeper water. This will allow

vessels with drafts of 38 feet or greater

laden with explosives, to safety anchor,

while minimizing potential

overcrowding of General Anchorage 9.

This anchorage amendment changes the

position of Anchorage 14 to provide

deeper water for explosive load

activations while not tying up large

areas of General Anchorage 9. The

explosive limit of 3,000 tons net

explosive weight (NEW) for Anchorage

14 will remain unchanged. A provision

is added, however, to allow the Captain

of the Port to provide specific

permission to exceed the limit.

EFFECTIVE DATE: July 16, 1998.

ADDRESSES: U.S. Coast Guard Marine

Safety Office, San Francisco Bay,

Building 14, Coast Guard Island,

Alameda, CA 94501–5100.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Andrew B. Cheney, Coast

Guard Marine Safety Office, San

Francisco Bay, California; telephone:

(510) 437–3073.

SUPPLEMENTARY INFORMATION:

Regulatory History

On May 5, 1997, the Coast Guard

published a notice of proposed

rulemaking for this regulation in the

Federal Register (62 FR 24378). The

Coast Guard received one letter

commenting on the proposed

rulemaking. The U.S. Fish and Wildlife

Service wrote that the proposed

realignment of Anchorage 14 in San

Francisco Bay was reviewed and the

action, as proposed, was not likely to

adversely affect any listed species. No

public hearing was requested, and none

was held.

Background and Purpose

In the past, San Francisco Bay was a

major explosive load out port due to the

activities of the military facilities

located or home-ported within the area.

During periods of military conflict, San

Francisco Bay was a primary port call

for vessels and barges entering and

departing the port laden with military

ordnance. These vessels and barges

conducting military ordnance outloads

were easily accommodated by explosive

Anchorage 12 and 14. In the past, the

vessels conducting explosive outloads

were smaller and handled less cargo

than those vessels now contracted by

Military Sealift Command to transport

military ordnance. The smaller ships

handling less explosive cargo, did not

require as large of a minimum safe

distance, as calculated by the DOD

Ammunition and Explosive Safety

Standards Manual (DOD 6055.9–STD,

October 1992), as do the larger vessels,

now hired to transport military

ordnance. In addition to handling

smaller explosive cargo loads, the drafts

of the smaller vessels were much

shallower than those of the larger ships

now contracted to transport ordnance.

Current local policy is to maintain a

two-foot clearance under keel for vessels

transiting the Bay. Since the water in

the current Anchorage 14 is relatively

shallow, anchoring a vessel of 38 feet

draft or greater can be difficult,

depending on the number of other

vessels anchored in Anchorage 9 and

14. Using explosive Anchorage 12 as an

alternate anchorage is suitable for the

depth of the water, but is not

satisfactory to meet the safety distance

requirements from inhabited shore-side

areas, as well as other vessels in General

Anchorage 9. It, therefore, has

periodically become necessary to create

special anchorages for large deep draft

vessels laden with explosives, in a

location that might not be entirely

within a charted explosive anchorage.

Additionally, the movement of

Anchorage 14 would mitigate the

burden on commercial vessels looking

for safe anchorage in General Anchorage

9, and eliminates the need to establish

special anchorages outside of

established anchorages. This will also

allow for more usable space in General

Anchorage 9 at times when the

explosive anchorage is activated.

An analysis of past anchorage

activations indicates that the vessels

currently being chartered for the

carriage of DOD explosive cargo are

approximately 26,400 gross tons or

greater. Each vessel has carried a load of

5.8 million pounds or more, net

explosive weight, and required at least

42 feet of water to adequately maintain

a 2 foot under keel clearance safety

factor. In its current location, explosive

Anchorage 14 is so very limited in