20908 Federal Register / Vol. 60, No. 82 / Friday, April 28, 1995 / Rules and Regulations

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 transit 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.T01–023 is

added to read as follows:

§ 165.T01–023 Safety Zone; USS

AMERICA, Fleet Week ’95, Port of New York

and New Jersey.

(a) Location. This moving safety zone

includes all waters 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.

(b) Effective period. This section 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

Captain of the Port, New York.

(c) Regulations. (1) The general

regulations contained in 33 CFR 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. 95–10535 Filed 4–27–95; 8:45 am]

BILLING CODE 4910–14–M

33 CFR Part 165

[CGD13–95–014]

Safety Zone Regulations; Cinco De

Mayo Fireworks Display, Willamette

River, Portland OR

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a safety zone for the Cinco

De Mayo Fireworks Display which is

scheduled to be held in Portland,

Oregon, on May 5, 1995. The safety zone

will be located on the Willamette River

between the Morrison and Hawthorne

Bridges from river mile 12.8 to river

mile 13.1. This safety zone is needed to

protect persons, facilities, and vessels

from safety hazards associated with a

fireworks display. Entry into this safety

zone is prohibited unless authorized by

the Captain of the Port.

EFFECTIVE DATES: This regulation

becomes effective on May 5, 1995, at

8:30 p.m (PDT) and terminates on May

5, 1995, at 11:30 p.m. (PDT), unless

sooner terminated by the Captain of the

Port. If the fireworks display is not held

on May 5, 1995, because of inclement

weather or otherwise, this regulation

will become effective on May 6, 1995,

at 8:30 p.m. (PDT) and will terminate on

May 6, 1995, at 11:30 p.m. (PDT), unless

sooner terminated by the Captain of the

Port.

FOR FURTHER INFORMATION CONTACT:

LTJG C. A. Roskam, c/o Captain of the

Port Portland, 6767 N. Basin Ave,

Portland, Oregon 97217–3992, (503)

240–9338.

SUPPLEMENTARY INFORMATION:

Regulatory History

Pursuant to 5 U.S.C. 553, a notice of

proposed rulemaking was not published

for this regulation and good cause exists

for making it effective less than 30 days

after Federal Register publication.

Publishing a NPRM and delaying its

effective date would be contrary to the

public interest since immediate action is

necessary to ensure the safety of

structures and vessels operating in the

area of the fireworks display. Due to the

complex planning and coordination

involved, the event sponsor,

Amusement Consulting, Inc., was

unable to provide the Coast Guard with

notice of the final details until 30 days

prior to the date of the event. Therefore,

sufficient time was not available to

publish the proposed rule in advance of

the event or to provide a delayed

effective date. Following normal

rulemaking procedures in this case

would be impracticable.

Drafting Information: The principal

persons involved in drafting this document

are LTJG C. A. Roskam, project officer for the

Captain of the Port of Portland, OR, and

LCDR J.C. Odell, project counsel, Thirteenth

Coast Guard District Legal Office.

Background and Purpose

The event requiring this regulation is

a fireworks display sponsored by

Amusement Consulting, Inc., as part of

the Cinco De Mayo celebration in the

Portland, Oregon, area. The fireworks

display is scheduled to begin on May 5,

1995, at 9:30 p.m. (PDT). If the fireworks

display cannot be held on May 5 1995,

because of inclement weather or

otherwise, it will be rescheduled for

May 6, 1995, at 9:30 p.m. (PDT).

During the fireworks display,

spectator vessels may attempt to

approach the fireworks launching barge

at close range. If allowed to do so, these

vessels and the persons onboard them

will be exposed to potential damage,

fire, and personal injury due to sparks,

falling debris, and unexploded

fireworks.
Federal Register / Vol. 60, No. 82 / Friday, April 28, 1995 / Rules and Regulations 20909

In order to protect the safety of life

and property on the navigable waters

during this event, the Coast Guard is

establishing a safety zone around the

fireworks launching barge on the waters

of the Willamette River from river mile

12.8 to river mile 13.1 between the

Morrison and Hawthorne Bridges. Entry

into this zone will be prohibited unless

authorized by the Captain of the Port.

This safety zone will be enforced by

representatives of the Captain of the

Port Portland. The Captain of the Port

may be assisted by other federal

agencies.

Regulatory Evaluation

This temporary final 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 proposal to be so minimal

that a full Regulatory Evaluation under

paragraph 10e of the regulatory policies

and procedures of DOT is unnecessary.

This expectation is based on the fact

that the entry into the safety zone will

only be restricted for 3 hours on the day

of the event. The entities most likely to

be affected by this action are

commercial tug and barge operators on

the Willamette River. Most of these

entities are aware of the fireworks

display and the safety zone, and they

can schedule their transits accordingly.

If safe to do so, the representative of the

Captain of the Port assigned to enforce

this safety zone may authorize

commercial vessels to pass through the

safety zone on a case-by-case basis.

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).

For the reasons outlined in the

Regulatory Evaluation above, the Coast

Guard expects the impact of this final

rule to be minimal on all entities.

Therefore, 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 final 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

final rule in accordance with the

principles and criteria contained in

Executive Order 12612, and it has been

determined that this final rule does not

have sufficient federalism implications

to warrant the preparation of a

Federalism Assessment.

Environmental Assessment

The Coast Guard has considered the

environmental impact of this final rule

and has concluded that, under section

2.B.2.c. of Commandant Instruction

M16475.1B, it is categorically excluded

from further environmental

documentation. A Categorical Exclusion

Determination has been prepared and

placed in the rulemaking docket.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and recordkeeping

requirements, Security measures,

Waterways.

Final Regulation

For the reasons set out in the

preamble, the Coast Guard amends Part

165 of Title 33, Code of Federal

Regulations, 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 section 165.T13–013

is added to read as follows:

§ 165.T13–013 Safety Zone; Willamette

River, Portland, OR

(a) Location. The following area is a

safety zone: All waters on the

Willamette River between the Morrison

and Hawthorne Bridges from river mile

12.8 to river mile 13.1, Portland,

Oregon.

(b) Definitions. The designated

representative of the Captain of the Port

is any Coast Guard commissioned,

warrant, or petty officer who has been

authorized by the Captain of the Port

Portland, to act on his behalf. The

following officers have or will be

designated by the Captain of the Port:

The Coast Guard Patrol Commander, the

senior boarding officer on each vessel

enforcing the safety zone, and the Duty

Officer at Coast Guard Group Portland,

Oregon.

(c) Regulations. (1) In accordance with

the general regulations in § 165.23 of

this part, entry into this safety zone is

prohibited unless authorized by the

Captain of the Port or his designated

representatives.

(2) A succession of sharp, short

signals by whistle, siren, or horn from

vessels patrolling the area under the

direction of the Patrol Commander shall

serve as a signal to stop. Vessels or

persons signalled shall stop and comply

with the orders of the patrol vessels;

failure to do so may result in expulsion

from the area, citation for failure to

comply, or both.

(d) Effective Dates. This section is

effective on May 5, 1995, at 8:30 p.m.

(PDT) and terminates on May 5, 1995,

at 11:30 p.m. (PDT), unless sooner

terminated by the Captain of the Port. If

the fireworks display is not held on May

5, 1995, because of inclement weather

or otherwise, this section will become

effective on May 6, 1995, at 8:30 p.m.

(PDT) and will terminate on May 6,

1995, at 11:30 p.m. (PDT), unless sooner

terminated by the Captain of the Port.

Dated: April 18, 1995.

C.E. Bills,

Captain, U.S. Coast Guard, Captain of the

Port.

[FR Doc. 95–10534 Filed 4–27–95; 8:45 am]

BILLING CODE 4910–14–M

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 2

[ET Docket No. 91–280; FCC 95–114]

Mobile-Satellite Service at 148–149.9

MHz

AGENCY: Federal Communications

Commission.

ACTION: Final Rule; Petition for

Reconsideration.

SUMMARY: By this action, we deny a

Petition for Reconsideration filed by

STARSYS, Inc. (STARSYS). In its

petition, STARSYS requests either that

the Commission increase the

permissible duty cycle from 0.25% to

1.0% per 15 minute interval for those

systems in the low-Earth orbit (LEO)

mobile-satellite service (MSS) operating

in the 148–149.9 MHz band that use

code division multiple access (CDMA)

spread spectrum systems and which do

not utilize a system that avoids

frequencies used by other services in