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
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.