20428 Federal Register / Vol. 60, No. 80 / Wednesday, April 26, 1995 / Rules and Regulations

§ 11.34 Products which may no longer be

lawfully sold.

Products which may no longer be

lawfully sold may be returned for cash

or credit against outstanding

indebtedness. This would include

situations where, due to a change in

regulation or administrative procedure

over which the trade buyer or an

affiliate of the trade buyer has no

control, a particular size or brand is no

longer permitted to be sold.

Par. 57. Section 11.35 is revised to

read as follows:

§ 11.35 Termination of business.

Products on hand at the time a trade

buyer terminates operations may be

returned for cash or credit against

outstanding indebtedness. This does not

include a temporary seasonal shutdown

(see § 11.39).

Signed: January 4, 1995.

Daniel R. Black,

Acting Director.

Approved: March 30, 1995.

John P. Simpson,

Deputy Assistant Secretary, (Tariff and Trade

Enforcement).

[FR Doc. 95–10116 Filed 4–24–95; 8:45 am]

BILLING CODE 4810–31–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGDO5–94–076]

Drawbridge Operation Regulations;

Atlantic Intracoastal Waterway, Scotts

Hill, NC

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: The Coast Guard is changing

the regulations governing the operation

of the Figure Eight Island swingbridge

across the Atlantic Intracoastal

Waterway, mile 278.1, located in Scotts

Hill, North Carolina, by restricting

recreational vessels to bridge openings

every half hour. This is intended to

reduce the amount of bridge openings to

relieve the increased volume of

vehicular traffic crossing this bridge,

while still providing for the reasonable

needs of navigation.

EFFECTIVE DATE: This rule is effective on

May 26, 1995.

FOR FURTHER INFORMATION CONTACT: Ann

B. Deaton, Bridge Administrator, Fifth

Coast Guard District, (804) 398–6222.

SUPPLEMENTARY INFORMATION:

Draft Information

The principal persons involved in

drafting this document are Bill H.

Brazier, Project Officer, and LCDR C.A.

Abel, Project Attorney, Fifth Coast

Guard District.

Regulatory History

On November 8, 1994, the Coast

Guard published a Notice of Proposed

Rulemaking entitled Atlantic

Intracoastal Waterway, Scotts Hill,

North Carolina, in the Federal Register

(59 FR 55601). The commend period

ended January 9, 1995. The Coast Guard

did not receive any comments on the

Notice of Proposed Rulemaking. On

January 13, 1995, the Coast Guard

issued Public Notice 5–845 requesting

comments on the Notice of Proposed

Rulemaking. The comment period

ended February 13, 1995. No comments

were received. A public hearing was not

requested and one was not held.

Background and Purpose

The Figure Eight Beach Homeowners

Association, Inc. has requested that

openings of the Figure Eight

swingbridge mile 278, Atlantic

Intracoastal Waterway, be restricted for

recreational vessels to every half hour

due to the increase in vehicular traffic

across the bridge. Currently, this bridge

opens on signal at all times. The Coast

Guard has decided to reduce the

required bridge openings for

recreational vessels from ‘‘on demand’’

to openings on the hour and half hour,

as needed. The bridge will continue to

open on signal at all other times for all

other vessels. The Coast Guard believes

that recreational vessels will not be

unduly restricted in passage through the

bridge, since they can plan their vessel

transits around the hour and half

opening restriction.

Regulatory Evaluation

This proposal 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.

Small Entities

Under the Regulatory Flexibility Act

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

must consider whether this final 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). Because it expects the

impact of this final rule to be minimal,

the Coast Guard certifies under 5 U.S.C.

605(b) that this final rule will not have

a significant economic impact on a

substantial number of small entities.

Collection of Information

This proposal 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

final rule under the principles and

criteria contained in Executive Order

12612, and has determined that this

final 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 final rule

and concluded that under section

2.B.2.e.(32)(e) 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

and checklist has been prepared and

placed in the rulemaking docket.

List of Subjects in 33 CFR Part 117

Bridges.

Regulations

In consideration of the foregoing, the

Coast Guard is amending part 117 of

Title 33, Code of Federal Regulations as

follows:

PART 117—DRAWBRIDGE

OPERATION REGULATIONS

1. The authority citation for part 117

continues to read as follows:

Authority: 33 U.S.C. 499; 49 CFR 1.46; 33

CFR 1.05.1(g); section 117.255 also issued

under the authority of Pub. L. 102–587, 106

Stat. 5039.

2. In § 117.821, paragraphs (b) (4) and

(5) are redesignated as (b) (5) and (6)

respectively, and new paragraph (b)(4)

is added to read as follows:
Federal Register / Vol. 60, No. 80 / Wednesday, April 26, 1995 / Rules and Regulations 20429

§ 117.821 Atlantic Intracoastal Waterway,

Albermarle Sound to Sunset Beach.

* * * * *

(b) * * *

(4) Figure Eight Swing Bridge, mile

278.1, at Scotts Hill, NC, must open, if

signaled, on the hour and half hour.

* * * * *

Dated: April 14, 1995.

W.J. Ecker,

Rear Admiral, U.S. Coast Guard, Commander,

Fifth Coast Guard District.

[FR Doc. 95–10232 Filed 4–25–95; 8:45 am]

BILLING CODE 4910–14–M

33 CFR Part 165

[CGD01–95–004]

RIN 2115–AA97

Safety Zone: Annual South Street

Seaport Memorial Day Fireworks, East

River, NY

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: The Coast Guard is

establishing a permanent safety zone for

the annual South Street Seaport

Memorial Day Fireworks display located

in the East River, New York. The safety

zone will be in effect annually on the

Sunday before Memorial Day from 8

p.m. until 10 p.m., unless extended or

terminated sooner by the Captain of the

Port, New York. The safety zone will

close all waters of the East River south

of the Brooklyn Bridge and north of a

line drawn from Pier 9, Manhattan to

Pier 3, Brooklyn.

EFFECTIVE DATE: This rule is effective

May 26, 1995.

FOR FURTHER INFORMATION CONTACT:

Lieutenant (Junior Grade) K. Messenger,

Maritime Planning Staff Chief, Coast

Guard Group New York (212) 668–7934.

SUPPLEMENTARY INFORMATION:

Drafting Information

The drafters of this notice are LTJG K.

Messenger, Project Manager, Coast

Guard Group New York and LCDR J.

Stieb, Project Attorney, First Coast

Guard District, Legal Office.

Regulatory History

On March 16, 1995, the Coast Guard

published a notice of proposed

rulemaking (NPRM) in the Federal

Register (60 FR 14243). Interested

persons were requested to submit

comments on or before April 17, 1995.

No comments were received. A public

hearing was not requested and one was

not held. The Coast Guard is

promulgating this final rule as

proposed.

Background and Purpose

For the last several years, South Street

Seaport, Inc. has submitted an

Application for Approval of Marine

Event for a Memorial Day fireworks

program in the waters of the East River.

This regulation establishes a safety zone

in the waters of the East River on the

Sunday before Memorial Day from 8

p.m. until 10 p.m., unless extended or

terminated sooner by the Captain of the

Port, New York. This safety zone

precludes all vessels from transiting

south of the Brooklyn Bridge and north

of a line drawn from Pier 9, Manhattan

to Pier 3, Brooklyn. It is needed to

protect mariners from the hazards

associated with fireworks exploding in

the area. The effective period of the

safety zone will be announced annually

via Safety Marine Information

Broadcasts and by locally issued

notices.

Regulatory Evaluation

This regulation 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

regulation to be so minimal that a full

Regulatory Evaluation under paragraph

10(e) of the regulatory policies and

procedures of DOT is unnecessary. This

safety zone closes a portion of the East

River to all vessel traffic annually on the

Sunday before Memorial Day between 8

p.m. and 10 p.m., unless extended or

terminated sooner by the Captain of the

Port, New York. Although this

regulation prevents traffic from

transiting this area, the effect of this

regulation will not be significant for

several reasons. Due to the limited

duration of the event; the late hour of

the event; the extensive, advance

advisories that will be made; that

pleasure craft and some commercial

vessels can take an alternate route via

the Hudson and Harlem Rivers; and that

this event has been held annually for

the past several years without incident

or complaint, the Coast Guard expects

the economic impact of this regulation

to be so minimal that a Regulatory

Evaluation is unnecessary.

Small Entities

Under the Regulatory Flexibility Act

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

must consider whether this regulation

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).

For reasons set forth in the above

Regulatory Evaluation, the Coast Guard

expects the impact of this regulation to

be minimal. The Coast Guard certifies

under 5 U.S.C. 605(b) that this

regulation will not have a significant

economic impact on a substantial

number of small entities.

Collection of Information

This regulation contains no collection

of information requirements under the

Paperwork Reduction Act (44 U.S.C.

3501).

Federalism

The Coast Guard has analyzed this

action in accordance with the principles

and criteria contained in Executive

Order 12612 and has determined that

this regulation does not raise sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

Environment

The Coast Guard has considered the

environmental impact of this regulation

and concluded that under section

2.B.2.e. of Commandant Instruction

M16475.1B, revised 59 FR 38654, it is

categorically excluded from further

environmental documentation. A

Categorical Exclusion Determination

and Environmental Analysis Checklist

are included in the docket. An

appropriate environmental analysis of

this fireworks program under the

National Environmental Policy Act will

be conducted in conjunction with the

marine event permitting process each

year.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and recordkeeping

requirements, Security measures,

Waterways.

Final 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.