20430 Federal Register / Vol. 60, No. 80 / Wednesday, April 26, 1995 / Rules and Regulations

2. Section 165.175 is added to read as

follows:

§ 165.175 Safety Zone; Annual South

Street Seaport Memorial Day Fireworks

Display, East River, New York.

(a) Location. 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.

(b) Effective period. This safety zone

is 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 effective period will be

announced annually via Safety Marine

Information Broadcasts and locally

issued notices.

(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: April 18, 1995.

J. Rutkovsky,

Acting Commander, U.S. Coast Guard,

Captain of the Port, New York.

[FR Doc. 95–10233 Filed 4–25–95; 8:45 am]

BILLING CODE 4910–14–M

33 CFR Part 165

[CGD01–95–013]

RIN 2115–AA97

Safety Zone: Annual North Hempstead

Memorial Day Fireworks Display,

Hempstead Harbor, NY

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: The Coast Guard is

establishing a permanent safety zone for

the annual North Hempstead Memorial

Day fireworks display located in

Hempstead Harbor, New York. The

safety zone will be in effect annually on

the Friday before Memorial Day from 8

p.m. until 10 p.m., with a rain date on

the following Saturday during the same

times, unless extended or terminated

sooner by the Captain of the Port New

York. The safety zone closes all waters

of Hempstead Harbor within a 300 yard

radius of the fireworks platform located

approximately 300 yards north of Bar

Beach, North Hempstead, New York.

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 14245). 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, the Town of

North Hempstead has submitted an

Application for Approval of Marine

Event for a fireworks program in the

waters of Hempstead Harbor. This

regulation establishes an annual safety

zone in the waters of Hempstead Harbor

on the Friday before Memorial Day from

8 p.m. until 10 p.m., with a rain date on

the following Saturday during the same

times, unless extended or terminated

sooner by the Captain of the Port New

York. This safety zone precludes all

vessels from transiting within a 300

yard radius of the fireworks platform

located approximately 300 yards north

of Bar Beach, North Hempstead, New

York. 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

Hempstead Harbor to all vessel traffic

annually on the Friday before Memorial

Day from 8 p.m. until 10 p.m., with a

rain date on the following Saturday at

the same times, 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 the amount of traffic in this area is

minimal; 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
Federal Register / Vol. 60, No. 80 / Wednesday, April 26, 1995 / Rules and Regulations 20431

categorically excluded from further

environmental documentation. A

Categorical Exclusion Determination

and Environmental Analysis Checklist

are included in the docket. An

appropriate environmental analysis of

the 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.

For the 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.

2. Section 165.178 is added to read as

follows:

§ 165.178 Safety Zone; Annual North

Hempstead Memorial Day Fireworks

Display, Hempstead Harbor, New York.

(a) Location. All waters of Hempstead

Harbor within a 300 yard radius of a

fireworks platform located

approximately 300 yards north of Bar

Beach, North Hempstead, New York.

(b) Effective period. This safety zone

is in effect annually on the Friday before

Memorial Day from 8 p.m. until 10 p.m.,

unless extended or terminated sooner by

the Captain of the Port New York. If the

fireworks is canceled because of bad

weather, this section is in effect on the

following Saturday at the time unless

extended or terminated sooner by the

Captain of the Port New York. The

effective period will be announced

annually via Safety Marine Information

Broadcasts and locally issued notices.

(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: April 18, 1995.

J. Rutkovsky,

Acting Commander, U.S. Coast Guard,

Captain of the Port New York.

[FR Doc. 95–10234 Filed 4–25–95; 8:45 am]

BILLING CODE 4910–14–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[CA–102–4–6905; FRL–5184–9]

Approval and Promulgation of

Implementation Plans; California State

Implementation Plan Revision, Bay

Area Air Quality Management District

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is finalizing the approval

of revisions to the California State

Implementation Plan (SIP) proposed in

the Federal Register on February 2,

1995 and February 10, 1995. The

revisions concern rules from the Bay

Area Air Quality Management District

(BAAQMD). This approval action will

incorporate these rules into the federally

approved SIP. The intended effect of

approving these rules is to regulate

emissions of volatile organic

compounds (VOCs) in accordance with

the requirements of the Clean Air Act,

as amended in 1990 (CAA or the Act).

The revised rules control VOC

emissions from light and medium duty

motor vehicle assembly plants, from the

surface coating of large appliances and

metal furniture, from the coating of

wood products, from the surface coating

of marine vessels, components, and

structures intended for exposure to a

marine environment, and from air

stripping and soil vapor extraction

operations. Thus, EPA is finalizing the

approval of these revisions into the

California SIP under provisions of the

CAA regarding EPA action on SIP

submittals, SIPs for national primary

and secondary ambient air quality

standards and plan requirements for

nonattainment areas.

EFFECTIVE DATE: This action is effective

on May 26, 1995.

ADDRESSES: Copies of the rules and

EPA’s evaluation report for each rule are

available for public inspection at EPA’s

Region IX office during normal business

hours. Copies of the submitted rules are

available for inspection at the following

locations:

Rulemaking Section (A–5–3), Air and

Toxics Division, U.S. Environmental

Protection Agency, Region IX, 75

Hawthorne Street, San Francisco, CA

94105.

Environmental Protection Agency, Air

Docket (6102), 401 ‘‘M’’ Street, SW.,

Washington, DC 20460.

California Air Resources Board, 2020

‘‘L’’ Street, Sacramento, CA 95814.

Bay Area Quality Management District,

939 Ellis Street, San Francisco, CA

94109.

FOR FURTHER INFORMATION CONTACT:

Nikole Reaksecker, Rulemaking Section,

Air and Toxics Division, U.S.

Environmental Protection Agency,

Region IX, 75 Hawthorne Street, San

Francisco, CA 94105. Telephone: (415)

744–1187.

SUPPLEMENTARY INFORMATION:

Background

On February 2, 1995 in 60 FR 6467,

EPA proposed to approve BAAQMD’s

Regulation 8, Rule 43 (Rule 8–43),

Surface Coating of Marine Vessels, into

the California SIP. On February 10, 1995

in 60 FR 7931, EPA proposed to approve

the following rules into the California

SIP: BAAQMD’s Regulation 8, Rule 13

(Rule 8–13), Light and Medium Duty

Motor Vehicle Assembly Plants;

Regulation 8, Rule 14 (Rule 8–14),

Surface Coating of Large Appliances and

Metal Furniture; Regulation 8, Rule 23

(Rule 8–23), Coating of Flat Wood

Paneling and Wood Flat Stock; and

Regulation 8, Rule 47 (Rule 8–47), Air

Stripping and Soil Vapor Extraction

Operations. Rules 8–14 and 8–43 were

adopted by BAAQMD on June 1, 1994,

and Rules 8–13, 8–23, and 8–47 were

adopted by BAAQMD on June 15, 1994.

These rules were submitted by the

CARB to EPA on September 28, 1994 in

response to EPA’s 1988 SIP-Call and the

CAA section 182(a)(2)(A) requirement

that nonattainment areas fix their

reasonably available control technology

(RACT) rules for ozone in accordance

with EPA guidance that interpreted the

requirements of the pre-amendment Act.

A detailed discussion of the background

for each of the above rules and

nonattainment areas is provided in the

NPRMs cited above.

EPA has evaluated all of the above

rules for consistency with the

requirements of the CAA and EPA

regulations and EPA interpretation of

these requirements as expressed in the

various EPA policy guidance documents

referenced in the NPRMs cited above.

EPA has found that the rules meet the

applicable EPA requirements. A

detailed discussion of the rule

provisions and evaluations has been

provided in 60 FR 6467 and 60 FR 7931

and in technical support documents