24558 Federal Register / Vol. 60, No. 89 / Tuesday, May 9, 1995 / Rules and Regulations

needed in order to provide for the safety

of spectators and participants during

this event. If normal notice and

comment procedures were followed,

this rule would not become effective

until after the date of the event. For this

reason, following normal rulemaking

procedures in this case would be

impracticable and contrary to the public

interest.

Drafting Information

The principal persons involved in

drafting this document are LT Susan

Workman, project officer, Coast Guard

Group Seattle, WA, and LCDR John

Odell, Project Counsel, Thirteenth Coast

Guard District Legal Office.

Background and Purpose

The Tug Boat Races are sponsored by

the Seattle Maritime Week Committee as

part of the National Maritime Week

celebration and will be conducted on

the waters of Elliott Bay, Seattle, WA.

This one day event attracts a large

number of spectator craft which gather

on the waters near the race course. To

promote the safety of both the spectators

and participants, a safety zone will be

established and entry into this safety

zone will be restricted during the event.

This action is necessary in order to keep

spectators off of the race course and to

prevent any damage to spectator vessels

that may be caused by the large wakes

thrown by the tugs during the races.

This safety zone will be enforced by

representatives of the Captain of the

Port Puget Sound, Seattle, Washington.

The Captain of the Port may be assisted

by other federal agencies.

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 CFR 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

safety zone will involve less than one

square mile of area on Elliott Bay and

entry into this zone will be restricted for

only 4.5 hours on the day of the event.

Small Entities

Under the Regulatory Flexibility Act

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

must consider whether this proposal

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 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 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 has

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 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 will be made available 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 165T.13–012

is added to read as follows:

§ 165.T13–012 Safety Zone; Elliott Bay,

Seattle, WA

(a) Location. The following area is a

safety zone: All waters of Elliott Bay,

Seattle, Washington, bounded by the

following coordinates:

Beginning at the southwest corner of

Pier 89 at Latitude 47°37′36′′N,

Longitude 122°22′42′′W; thence

southwest to Latitude 47°37′30′′N,

Longitude 122°22′48′′W; thence

southeast to Latitude 47°36′14′′N,

Longitude 122°20′43′′W, thence

northeast to Latitude 47°36′21′′N,

Longitude 122°20′31′′W, thence

returning to the origin.

(b) Regulations. In accordance with

the general regulations in section 165.23

of this part, no person or vessel may

enter or remain in this zone unless

authorized by the Captain of the Port,

Puget Sound.

(c) Effective Dates. This regulation

becomes effective on May 20, 1995, at

12 p.m. (PDT) and terminates on May

20, 1995, at 4:30 p.m. unless sooner

terminated by the Captain of The Port.

Dated: April 26, 1995.

R.K. Softye,

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

Port, Puget Sound.

[FR Doc. 95–11296 Filed 5–8–95; 8:45 am]

BILLING CODE 4919–14–M

33 CFR Part 165

[CGD01–95–026]

RIN 2115–AA97

Safety Zone: Brick Founder’s Day

Fireworks, Metedeconk River, Brick,

NJ

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone on

June 3, 1995, for the Brick Founder’s

Day fireworks display located in the

Metedeconk River, Brick, New Jersey.

This safety zone closes all waters of the

Metedeconk River within a 300 yard

radius from the center of the fireworks

platform located on Windward Beach,

Brick, New Jersey.

EFFECTIVE DATE: This rule is effective on

June 3, 1995, from 8 p.m. until 10:30

p.m., unless extended or terminated

sooner by the 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.
Federal Register / Vol. 60, No. 89 / Tuesday, May 9, 1995 / Rules and Regulations 24559

SUPPLEMENTARY INFORMATION:

Drafting Information

The drafters of this regulation 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 27, 1995, the Coast Guard

published a notice of proposed

rulemaking (NPRM) in the Federal

Register (60 FR 15736) concerning this

regulatory action. Interested persons

were requested to submit comments on

or before April 26, 1995. No comments

were received. A public hearing was not

requested and one was not held. The

Coast Guard is promulgating this

temporary final rule as proposed. 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 February 23, 1995, the Brick

Township Chamber of Commerce

submitted an Application for Approval

of Marine Event for a fireworks program

on Windward Beach in the Metedeconk

River. This regulation establishes a

temporary safety zone in the waters of

the Metedeconk River on June 3, 1995,

from 8 p.m. until 10:30 p.m., unless

extended or terminated sooner by the

Coast Guard Captain of the Port, New

York. This safety zone precludes all

vessels from transiting a portion of the

Metedenock River within a 300 yard

radius of the fireworks platform located

on a pier in the approximate position

40°03′25′′N latitude 074°06′47′′W

longitude at Windward Beach, Brick,

New Jersey. It is needed to protect

mariners from the hazards associated

with fireworks exploding in the area.

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

Metedeconk River to all vessel traffic on

June 3, 1995, from 8 p.m. until 10:30

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; that mariners can

transit to the south of this area; and the

extensive, advance advisories that will

be made, 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 fireworks 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 up 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 section, 165.T01–026

is added to read as follows:

§ 165.T01–026 Safety Zone; Brick

Founder’s Day Fireworks, Metedeconk

River, Brick, New Jersey.

(a) Location. all waters of the

Metedeconk River within a 300 yard

radius of the fireworks platform located

on a pier in the approximate position

40°03′25′′N latitude 074°06′47′′W

longitude at Windward Beach, Brick,

New Jersey.

(b) Effective period. This safety zone

is in effect on June 3, 1995, from 8 p.m.

until 10:30 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 28, 1995.

T.H. Gilmour,

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

Port, New York.

[FR Doc. 95–11300 Filed 5–8–95; 8:45 am]

BILLING CODE 4910–14–M