Federal Register / Vol. 60, No. 82 / Friday, April 28, 1995 / Rules and Regulations 20905

approved, the bridge owner must take

bids for the alteration of the bridge

consistent with the approved plans and

specifications. Those bids must then be

submitted to the Chief, Bridge

Administration Division for approval.

(b) After the bridge owner submits the

guaranty of cost required by 33 U.S.C.

515, the Chief, Bridge Administration

Division authorizes the owner to award

the contract.

(c) Partial payments of the

government’s costs are authorized as the

work progresses to the extent that funds

have been appropriated.

§ 116.50 Apportionment of costs under the

Truman-Hobbs Act.

(a) In determining the apportionment

of costs, the bridge owner must bear

such part of the cost attributable to the

direct and special benefits which will

accrue to the bridge owner as a result of

alteration to the bridge, including

expected savings in repairs and

maintenance, expected increased

carrying capacity, costs attributable to

the requirements of highway and

railroad traffic, and actual capital costs

of the used service life. The United

States will bear the balance of the costs,

including that part attributable to the

necessities of navigation.

(b) ‘‘Direct and special benefits’’

ordinarily will include items desired by

the owner but which have no

counterpart or are of higher quality than

similar items in the bridge prior to

alteration. Examples include improved

signal and fender systems, pro rata share

of dismantling costs, and improvements

included, but not required, in the

interests of navigation.

(c) During the development of the

Apportionment of Costs, the bridge

owner will be provided with an

opportunity to be heard. Proportionate

shares of cost to be borne by the United

States and the bridge owner are

developed in substantially the following

form:

Total cost of project llll $llll

Less salvage llll $llll

Less contribution by third party llll

$llll

Cost of alteration to be apportioned llll

$llll

Share to be borne by the bridge owner:

Direct and Special Benefits:

a. Removing old bridge llll $llll

b. Fixed charges llll $llll

c. Betterments llll $llll

Expected savings in repair or maintenance

costs:

a. Repair llll $llll

b. Maintenance llll $llll

Costs attributable to requirements of railroad

and/or highway traffic llll

$llll

Expenditure for increased carrying capacity

llll $llll

Expired service life of old bridge llll

$llll

Subtotal llll $llll

Share to be borne by the bridge owner

llll $llll

Contingencies llll $llll

Total llll $llll

Share to be borne by the United States

llll $llll

Contingencies llll $llll

Total llll $llll

(d) The Order of Apportionment of

Costs will include the guaranty of costs.

§ 116.55 Appeals.

(a) Except for the decision to issue an

Order to Alter, if a complainant

disagrees with a recommendation

regarding obstruction or eligibility made

by a District Commander, or the Chief,

Bridge Administration Division, the

complainant may appeal that decision

to the Chief, Office of Navigation Safety

and Waterway Services.

(b) The appeal must be submitted in

writing to the Chief, Office of

Navigation Safety and Waterway

Services, U.S. Coast Guard, 2100 Second

Street SW., Washington, DC 20593–

0001, within 60 days after the District

Commander’s or the Chief’s, Bridge

Administration Division decision. The

Chief, Office of Navigation Safety and

Waterway Services will make a decision

on the appeal within 90 days after

receipt of the appeal. The Chief’s, Office

of Navigation Safety and Waterway

Services decision of this appeal shall

constitute final agency action.

(c) Any Order of Apportionment made

or issued under section 6 of the

Truman-Hobbs Act, 33 U.S.C. 516, may

be reviewed by the Court of Appeals for

any judicial circuit in which the bridge

in question is wholly or partly located,

if a petition for review is filed within 90

days after the date of issuance of the

order. The review is described in

section 10 of the Truman-Hobbs Act, 33

U.S.C. 520. The review proceedings do

not operate as a stay of any order issued

under the Truman-Hobbs Act, other

than an order of apportionment, nor

relieve any bridge owner of any liability

or penalty under other provisions of that

act.

Dated: April 20, 1995.

R.C. Houle,

Acting Chief, Office of Navigation Safety and

Waterway Services.

[FR Doc. 95–10538 Filed 4–27–95; 8:45 am]

BILLING CODE 4910–14–P

33 CFR Part 165

[CGD01–95–014]

RIN 2115–AA97

Safety Zone: Parade of Ships, Fleet

Week ’95, Port of New York and New

Jersey

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone on

May 24, 1995, for the Fleet Week ’95

Parade of Ships. A moving safety zone

is established 500 yards fore and aft,

and 200 yards on each side of the

designated column of vessels in this

parade as it transits from the Verrazano

Narrows Bridge to the George

Washington Bridge on the Hudson

River. As the vessels make their turns

and proceed southbound in the Hudson

River, the moving safety zone continues

to encompass all waters within a 200

yard radius of each vessel until safely

berthed.

EFFECTIVE DATE: This rule is effective

from 9:30 a.m. until 4 p.m. on

Wednesday, May 24, 1995, unless

extended or terminated sooner by the

Coast Guard Captain of the Port, New

York.

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 14246) concerning this

regulatory action. 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

proposed rule stated that the vessel

column would transit from the

Verrazano Narrows Bridge to the waters

west of the 79th Street Boat Basin,

Manhattan, New York. The Coast Guard

has since determined that this would

not be practical due to the assigned

mooring and anchoring locations of the

parade vessels. While the vessel column

will transit approximately 8,300 yards

north of the 79th Street Boat Basin, the

parameters of the moving safety zone
20906 Federal Register / Vol. 60, No. 82 / Friday, April 28, 1995 / Rules and Regulations

around this column remain the same as

published in the NPRM. The proposed

rule also stated that the effective period

would be from 8:45 a.m. until 3 p.m.

Due to a change in the arrival time of

the last parade vessel, the USS

AMERICA, and the increase in the

length of this parade, the effective

period was changed.

The effective period of the safety zone

will start at 9:30 a.m. instead of 8:45

a.m. and will continue until 4 p.m.

instead of 3 p.m. The net result is that

the effective period is a total of 15

minutes longer in duration than

originally expected. The impact of these

changes are minimal. The Captain of the

Port, New York is promulgating the

temporary final rule as proposed with

the exception of these changes. Good

cause exists for making this regulation

effective less than 30 days after Federal

Register publication. Due to the NPRM

comment period deemed necessary to

give the public adequate notice, there

was insufficient time to publish this

temporary final rule 30 days prior to the

event. The delay that would be

encountered to allow for a 30 day

publication period would cause the

cancellation of this event. Cancellation

of this event is contrary to the public

interest.

Background and Purpose

On March 1, 1995, the Intrepid

Museum Foundation submitted a

request to hold a parade of U.S. Coast

Guard and U.S. and foreign naval ships

through the Port of New York and New

Jersey on May 24, 1995. This section

will be effective from 9:30 a.m. until 4

p.m. on May 24, 1995, unless extended

or terminated sooner by the Coast Guard

Captain of the Port, New York. This

section establishes a moving safety zone

within all waters 500 yards forward of

the lead parade vessel, 500 yards aft of

the last parade vessel, and 200 yards to

each side of the designated column as

it transits north from the Verrazano

Narrows Bridge to the George

Washington Bridge, in the Hudson

River. The vessels will then proceed to

their berths. This section also provides

for a moving safety zone in all waters

within a 200 yard radius around each

vessel from the time the vessel breaks

off from the parade until it is safely

moored. No vessel will be permitted to

enter or move within these safety zones

unless authorized by the Captain of the

Port, New York.

This section is needed to protect the

maritime public from possible hazards

to navigation associated with a parade

of naval vessels transiting the waters of

New York Harbor in close proximity.

These vessels have limited

maneuverability and require a clear

traffic lane in order to safely navigate.

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.

Although there is a regular flow of

traffic through this area, there is not

likely to be a significant impact on

recreational or commercial traffic for

several reasons. Due to the moving

nature of the safety zone, no single

location will be affected for a prolonged

period of time. Therefore, commercial

traffic should not be significantly

delayed. Additionally, recreational

traffic can transit the river on either side

of the safety zone. Alternate routes are

also available to commercial and

recreational vessel traffic that can safely

transit the Harlem and East Rivers, Kill

Van Kull, Arthur Kill, and Buttermilk

Channel. Similar safety zones have been

established for the previous Fleet Week

parades of ships with minimal or no

disruption to vessel traffic or other

interests in the port. In addition,

extensive, advance advisories will be

made to the maritime community so

that they can adjust their plans

accordingly. For all the above reasons,

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 given in the 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, July

29, 1994, the promulgation of this

regulation 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 the parade under the

National Environmental Policy Act will

be conducted in conjunction with the

marine event permitting process.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and recordkeeping

requirements, Security measures,

Vessels, 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.

2. A temporary § 165.T01–014 is

added to read as follows:

§ 165.T01–014 Safety Zone; Parade of

Ships, Fleet Week ’95, Port of New York and

New Jersey.

(a) Location. This moving safety zone

includes all waters within 500 yards

forward of the lead parade vessel, 500

yards aft of the last parade vessel, and

200 yards on each side of the designated

column as it transits north from the

Verrazano Narrows Bridge to the George

Washington Bridge on the Hudson

River. The moving safety zone continues

to include 200 yards around each vessel
Federal Register / Vol. 60, No. 82 / Friday, April 28, 1995 / Rules and Regulations 20907

as it breaks from the parade formation

and transits southbound in the Hudson

River until safely berthed.

(b) Effective period. This section is

effective from 9:30 a.m. until 4 p.m. on

May 24, 1995, unless extended or

terminated sooner by the Captain of the

Port, New York.

(c) Regulations.

(1) The general regulations contained

in 33 C.F.R. 165.23 apply to this safety

zone.

(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 20, 1995.

J. Rutkovsky,

Commander, U.S. Coast Guard, Captain of

the Port, New York Acting.

[FR Doc. 95–10536 Filed 4–27–95; 8:45 am]

BILLING CODE 4910–14–M

33 CFR Part 165

[Docket No. CGD01–95–023]

RIN 2115–AA97

Safety Zone: USS AMERICA, Fleet

Week ’95, Port of New York and New

Jersey

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: The Coast Guard is

establishing a safety zone on May 24,

1995, and May 31, 1995, for the arrival

and departure of the USS AMERICA for

Fleet Week ’95. This moving safety zone

is established 500 yards fore and aft,

and 200 yards on each side of the USS

AMERICA as it transits the Port of New

York and New Jersey between Ambrose

Channel Lighted Whistle Buoy ‘‘A’’ and

its berth at Pier 88, Manhattan, on the

Hudson River.

EFFECTIVE DATE: This rule is effective on

May 24, 1995, from 9:15 a.m. until 3

p.m., and on May 31, 1995, from 7:30

a.m. until 1 p.m., unless extended or

terminated sooner by the Captian of the

Port, New York.

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 14242) concerning this

regulatory action. 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

NPRM stated that the safety zone would

be in effect while the USS AMERICA

transited to and from its berth at an

unknown location. This location is now

known to be Pier 88, Manhattan, in the

Hudson River. The Coast Guard is

promulgating this final rule as proposed

with the exception of this addition.

Good cause exists for making this

regulation effective less than 30 days

after Federal Register publication. Due

to the NPRM comment period deemed

necessary to give the public adequate

notice, there was insufficient time to

publish this temporary final rule 30

days prior to the event. The delay that

would be encountered to allow for a 30

day publication period would cause the

cancellation of this event.

Cancellation of this event is contrary

to the public interest.

Background and Purpose

The Intrepid Museum Foundation is

sponsoring Fleet Week ’95. The USS

AMERICA has been designated as the

Fleet Week Flagship and will be

entering the Port of New York and New

Jersey on May 24, 1995, to participate in

the various activities associated with

this celebration. USS AMERICA intends

to depart the Port of New York and New

Jersey following the completion of Fleet

Week on May 31, 1995. This regulation

is effective during the arrival and

departure of the USS AMERICA on May

24, 1995, from 9:15 a.m. until 3:00 p.m.,

and on May 31, 1995, from 7:30 a.m.

until 1:00 p.m. unless extended or

terminated sooner by the Coast Guard

Captain of the Port, New York. The

regulation establishes a moving safety

zone within 500 yards fore and aft and

200 yards to each side of the USS

AMERICA, as it transits the Port of New

York and New Jersey between Ambrose

Channel Lighted Whistle Buoy ‘‘A’’, at

or near 40° 28.8′ N latitude, 73° 53.7′ W

longitude, and its berth at Pier 88,

Manhattan, on the Hudson River. No

vessels are permitted to enter or move

within this moving safety zone unless

authorized by the Captain of the Port,

New York.

This regulation is needed to protect

the maritime public from possible

hazards to navigation associated with a

large naval vessel transiting the Port of

New York and New Jersey with limited

maneuverability in restricted waters,

and requiring a clear traffic lane in order

to safely navigate to and from its berth.

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.

Although there is a regular flow of

traffic through this area, there is not

likely to be a significant impact on

recreational or commercial traffic for

several reasons. Due to the moving

nature of the safety zone, no single

location will be affected for a prolonged

period of time. This safety zone

prevents vessels from approaching

within 500 yards fore and aft and 200

yards on either side of the aircraft

carrier USS AMERICA. These distances

are less than the typical safe passage

distances normally required for large

vessels and aircraft carriers.

Additionally, recreational traffic can

transit on either side of the safety zone

or on other major waterways within the

port. Alternate routes are also available

to commercial and recreational vessel

traffic that can safely transit the Harlem

and East Rivers, Kill Van Kull, Arthur

Kill, and Buttermilk Channel. Similar

safety zones have been established for

large naval vessels with minimal or no

disruption to vessel traffic or other

interests in the port. In addition,

extensive, advance advisories will be

made to the maritime community so

that they can adjust their plans

accordingly. For all the above reasons,

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