Federal Register / Vol. 63, No. 140 /Wednesday, July 22, 1998 /Rules and Regulations 39235

ACTION: Final rule.

SUMMARY: This action modifies two

Federal airways, V–165 and V–287,

located in the State of Washington

(WA), due to the newly commissioned

Penn Cove Very High Frequency

Omnidirectional Range/Distance

Measuring Equipment (VOR/DME)

navigational aid. Federal Airway V–165

is modified to provide a route from the

Olympia Very High Frequency

Omnidirectional Range/Tactical Air

Navigation System (VORTAC) to Penn

Cove VOR to Bellingham, WA. Federal

Airway V–287 is modified to provide a

route from the Paine VORTAC to Penn

Cove VOR. The FAA is taking this

action to improve the management of air

traffic operations in the State of

Washington.

EFFECTIVE DATE: 0901 UTC, October 8,

1998.

FOR FURTHER INFORMATION CONTACT: Ken

McElroy, Airspace and Rules Division,

ATA–400, Office of Air Traffic Airspace

Management, Federal Aviation

Administration, 800 Independence

Avenue, SW., Washington, DC 20591;

telephone: (202) 267–8783.

SUPPLEMENTARY INFORMATION:

Background

On April 27, 1998, the FAA proposed

to amend 14 CFR part 71 (part 71) to

modify two Federal Airways, V–165 and

V–287, located in the State of

Washington, due to the commissioning

of the Penn Cove VOR/DME

navigational aid (63 FR 24765).

Interested parties were invited to

participate in this rulemaking

proceeding by submitting written

comments on the proposal to the FAA.

No comments objecting to the proposal

were received. Except for editorial

changes, this amendment is the same as

that proposed in the notice.

The Rule

This action amends part 71 by

modifying two VOR Federal airways, V–

287 and V–165, due to the

commissioning of the Penn Cove, WA,

VOR/DME. Specifically, this action

modifies Federal Airway V–165 to

provide a route between Olympia and

Bellingham, WA, via Penn Cove VOR.

Federal Airway V–287 is modified to

provide a route from the Paine VORTAC

to Penn Cove VOR. This action

enhances air traffic procedures by

providing air traffic controllers with

added flexibility for routing air traffic in

the State of Washington.

Domestic VOR Federal airways are

published in paragraph 6010(a) of FAA

Order 7400.9E dated September 10,

1997, and effective September 16, 1997,

which is incorporated by reference in 14

CFR 71.1. The Domestic VOR Federal

airways listed in this document will be

published subsequently in the Order.

The FAA has determined that this

regulation only involves an established

body of technical regulations for which

frequent and routine amendments are

necessary to keep them operationally

current. Therefore, this regulation: (1) Is

not a ‘‘significant regulatory action’’

under Executive Order 12866; (2) is not

a ‘‘significant rule’’ under DOT

Regulatory Policies and Procedures (44

FR 11034; February 26, 1979); and (3)

does not warrant preparation of a

regulatory evaluation as the anticipated

impact is so minimal. Since this is a

routine matter that will only affect air

traffic procedures and air navigation, it

is certified that this rule, when

promulgated, will not have a significant

economic impact on a substantial

number of small entities under the

criteria of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference,

Navigation (air).

Adoption of the Amendment

In consideration of the foregoing, the

Federal Aviation Administration

amends 14 CFR part 71 as follows:

PART 71—DESIGNATION OF CLASS A,

CLASS B, CLASS C, CLASS D, AND

CLASS E AIRSPACE AREAS;

AIRWAYS; ROUTES; AND REPORTING

POINTS

1. The authority citation for part 71

continues to read as follows:

Authority: 49 U.S.C. 106(g), 40103, 40113,

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–

1963 Comp., p.389.

§ 71.1 [Amended]

2. The incorporation by reference in

14 CFR 71.1 of the Federal Aviation

Administration Order 7400.9E, Airspace

Designations and Reporting Points,

dated September 10, 1997, and effective

September 16, 1997, is amended as

follows:

Paragraph 6010(a)—VOR Federal Airways

* * * * *

V–165 [Revised]

From Mission Bay, CA; INT Mission Bay

270° and Oceanside, CA, 177° radials;

Oceanside; 24 miles, 6 miles wide, Seal

Beach, CA; 6 miles wide, INT Seal Beach

287° and Los Angeles, CA, 138° radials; Los

Angeles; INT Los Angeles 357° and Lake

Hughes, CA, 154° radials; Lake Hughes; INT

Lake Hughes 344° and Shafter, CA, 137°

radials; Shafter; Porterville, CA; INT

Porterville 339° and Clovis, CA, 139° radials;

Clovis; 68 miles, 50 miles, 131 MSL,

Mustang, NV; 40 miles, 12 AGL, 7 miles, 115

MSL, 54 miles, 135 MSL, 81 miles, 12 AGL,

Lakeview, OR; 5 miles, 72 miles, 90 MSL,

Deschutes, OR; 16 miles, 19 miles, 95 MSL,

24 miles, 75 MSL, 12 miles, 65 MSL,

Newberg, OR; 32 miles, 45 MSL, INT

Newberg 355° and Olympia, WA, 195°

radials; Olympia; Penn Cove, WA; to

Bellingham, WA.

* * * * *

V–287 [Revised]

From Fort Jones, CA, via INT Fort Jones

041° and Rogue Valley, OR, 157° radials;

Rogue Valley; North Bend, OR; Newberg, OR;

Battle Ground, WA; 20 miles, 51 miles, 45

MSL, Olympia, WA; INT Olympia 005° and

Paine, WA, 256° radials; Paine; to Penn Cove,

WA.

* * * * *

Issued in Washington, DC, on July 15,

1998.

Reginald C. Matthews,

Acting Program Director for Air Traffic

Airspace Management.

[FR Doc. 98–19420 Filed 7–21–98; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD 05–98–006]

RIN 2115–AE46

Special Local Regulations for Marine

Events; New Jersey Offshore Grand

Prix

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: The Coast Guard is amending

permanent special local regulations

established for the New Jersey Offshore

Grand Prix, a marine event held

annually in the Atlantic Ocean along the

coast of New Jersey between Asbury

Park and Seaside Park, by identifying

the specific date on which the regulated

area will be in effect. This action is

intended to provide more accurate

notice of the date on which the event

will occur.

DATES: This final rule is effective on July

15, 1998.

FOR FURTHER INFORMATION CONTACT:

S. L. Phillips, Project Manager,

Operations Division, Auxiliary Section,

at (757) 398–6204.

SUPPLEMENTARY INFORMATION:

Regulatory History

On February 27, 1998, the Coast

Guard published a notice of proposed

rulemaking entitled Special Local

Regulations for Marine Events; New

Jersey Offshore Grand Prix, in the
39236 Federal Register / Vol. 63, No. 140 /Wednesday, July 22, 1998 /Rules and Regulations

Federal Register (63 FR 9979). The

Coast Guard received no comments on

the proposed rulemaking. No public

hearing was requested, and none was

held.

Background and Purpose

33 CFR 100.505 established special

local regulations for the New Jersey

Offshore Grand Prix, a marine event

held annually in the Atlantic Ocean

along the coast of New Jersey between

Asbury Park and Seaside Park. The

purpose of these regulations is to

control vessel traffic during the event to

enhance the safety of participants,

spectators, and transiting vessels. In the

past, these regulations were

implemented by publishing a notice in

the Federal Register.

Discussion of Comments and Charges

The Coast Guard received no

comments on the proposed rulemaking.

Good Cause Statement

This final rule is effective in less than

30 days because it is contrary to the

public interest to delay the effective

date because timely action is required to

protect participants and other vessel

traffic during the event.

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

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

rule merely identifies the effective

period of an existing regulation and

does not impose any new restrictions on

vessel traffic.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601–602), the Coast Guard

must consider whether this rule will

have a significant economic impact on

a substantial number of small entities.

‘‘Small entities’’ include independently

owned and operated small businesses

that are not dominant in their field and

that otherwise qualify as ‘‘small

business concerns’’ under section 3 of

the Small Business Act (15 U.S.C. 632).

This rule does not impose any new

restrictions on vessel traffic, but merely

identifies the effective period of the

regulation. Therefore, the Coast Guard

certifies under Section 605(b) of the

Regulatory Flexibility Act (5 U.S.C.

601–602) that this final rule will not

have a significant economic impact on

a substantial number of small entities.

Colleciton of Information

This final rule contains no collection

of information requirements under the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501–3520).

Federalism

The Coast Guard has analyzed this

rule under the principles and criteria

contained in Executive Order 12612 and

has determined that this rule does not

have sufficient federalism implications

to warrant the preparation of a

Federalism Assessment.

Environment

The Coast Guard considered the

environmental impact of this rule and

concluded that, under figure 2–1,

paragraph (34) (h) of COMDTINST

M16475.1C, this rule is categorically

excluded from further environmental

documentation. Special local

regulations issued in conjunction with a

regatta or marine parade are excluded

under that authority.

List of Subjects in 33 CFR Part 100

Marine Safety, Navigation (water),

Reporting and recordkeeping

requirements, Waterways.

For the reasons set out in the

preamble, the Coast Guard amends 33

CFR Part 100 as follows:

PART 100—[AMENDED]

1. The authority citation for Part 100

continues to read as follows:

Authority: 33 U.S.C. 1233; 49 CFR 1.46 and

33 CFR 100.35.

2. Section 100.505 is amended by

revising paragraph (b) to read as follows:

§ 100.505 New Jersey Offshore Grand Prix.

* * * * *

(b) Effective Period: This section is

effective annually on the third

Wednesday in July. If the event is

canceled due to weather, this section is

effective the following day. The Coast

Guard Patrol Commander will announce

by Broadcast Notice to Mariners the

specific time periods during which the

regulations will be enforced.

* * * * *

Dated: July 8, 1998.

Rogert T. Rufe, Jr.,

Vice Admiral, U.S. Coast Guard Commander,

Fifth Coast Guard District.

[FR Doc. 98–19425 Filed 7–21–98; 8:45 am]

BILLING CODE 4910–15–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01–98–083]

RIN 2115–AA97

Safety Zone: Parade of Lights

Fireworks Display, Boston Harbor,

Boston, MA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone for

the Parade of Lights Fireworks Display

in Boston Inner Harbor, Boston, MA.

The safety zone is in effect from 9 p.m.

until 11 p.m. on July 25, 1998. The

safety zone temporarily closes all waters

of Boston Harbor within four hundred

(400) yards of the fireworks barge

moored in approximate position

42°22′07′′ N, 071′02′49′′ W,

approximately 400 yards east of the

Coast Guard Integrated Support

Command Boston. The safety zone is

needed to protect vessels from the

hazards posed by a fireworks display.

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

until 11 p.m. on Saturday July 25, 1998.

FOR FURTHER INFORMATION CONTACT: LT

Mike Day, Waterways Management

Division, Coast Guard Marine Safety

Office Boston, (617) 223–3002.

SUPPLEMENTARY INFORMATION:

Regulatory History

Pursuant to 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. Any delay encountered in

this regulation’s effective date would be

contrary to the 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 public

entertainment.

Background and Purpose

On June 11, 1998 Conventures

Incorporated filed a marine event permit

with the Coast Guard to hold a fireworks

program on Boston Harbor. This