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
24560 Federal Register / Vol. 60, No. 89 / Tuesday, May 9, 1995 / Rules and Regulations

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Public Land Order 7140

[AZ–930–1430–01; AZA 6592]

Revocation of Public Land Order No.

5298; Arizona

AGENCY: Bureau of Land Management,

Interior.

ACTION: Public Land Order.

SUMMARY: This order revokes in its

entirety public land order No. 5298,

which withdrew 1,062.70 acres of

public lands for the expansion and

protection of the Aravaipa Canyon

Primitive Area. The lands have been

incorporated into the National

Wilderness Preservation System to be

known as the Aravaipa Canyon

Wilderness Area, and the withdrawal is

no longer needed. The lands will remain

closed to surface entry, mining, and

mineral leasing as part of a wilderness

area.

EFFECTIVE DATE: June 8, 1995.

FOR FURTHER INFORMATION CONTACT: John

Mezes, BLM Arizona State Office, P.O.

Box 16563, Phoenix, Arizona 85011,

602–650–0509.

By virtue of the authority vested in

the Secretary of the Interior by Section

204 of the Federal Land Policy and

Management Act of 1976, 43 U.S.C.

1714 (1988), it is ordered as follows:

1. Public Land Order No. 5298, which

withdrew the following described lands

for the protection and expansion of the

Aravaipa Canyon Primitive Area, is

hereby revoked in its entirety:

Gila and Salt River Meridian

T. 6 S., R. 18 E.,

Sec. 15, S1⁄2S1⁄2;

Sec. 24, S1⁄2SE1⁄4;

Sec. 25, W1⁄2E1⁄2, and W1⁄2.

T. 6 S., R. 19 E.,

Sec. 19, lot 4;

Sec. 30, lots 2 to 6, inclusive, SW1⁄4NE1⁄4,

and W1⁄2SE1⁄4.

The areas described aggregate 1,062.70

acres in Pinal and Graham Counties.

2. The lands will remain closed to all

forms of entry due to the lands being

within the Aravaipa Canyon Wilderness

Area.

Dated: April 21, 1995.

Bob Armstrong,

Assistant Secretary of the Interior.

[FR Doc. 95–11288 Filed 5–8–95; 8:45 am]

BILLING CODE 4310–32–P

DEPARTMENT OF TRANSPORTATION

Maritime Administration

46 CFR Part 381

[Docket No. R–153]

RIN 2133–AB17

Cargo Preference—U.S.-Flag Vessels;

Available U.S.-Flag Commercial

Vessels

AGENCY: Maritime Administration,

Department of Transportation.

ACTION: Final rule.

SUMMARY: This amendment to the cargo

preference regulations of the Maritime

Administration (MARAD) would

provide that during the 1995 shipping

season when the St. Lawrence Seaway

is in use, MARAD will consider the

legal requirement for the carriage of

bulk agricultural commodity preference

cargoes on privately-owned ‘‘available’’

U.S.-flag commercial vessels to have

been satisfied where the cargo is

initially loaded at a Great Lakes port on

one or more U.S.-flag or foreign-flag

vessels, transferred to a U.S.-flag

commercial vessel at a Canadian

transshipment point outside the St.

Lawrence Seaway, and carried on that

U.S.-flag vessel to a foreign destination.

This amendment allows Great Lakes

ports to compete for agricultural

commodity preference cargoes during

an entire season trial period.

EFFECTIVE DATE: This final rule is

effective on May 9, 1995.

FOR FURTHER INFORMATION CONTACT: John

E. Graykowski, Deputy Maritime

Administrator for Inland Waterways and

Great Lakes, Maritime Administration,

Washington, DC, 20590, Telephone

(202) 366–1718.

SUPPLEMENTARY INFORMATION: United

States law at sections 901(b) (the ‘‘Cargo

Preference Act’’) and 901b, Merchant

Marine Act, 1936, as amended (the

‘‘Act’’), 46 App. U.S.C. 1241(b) and

1241f, requires that at least 75 percent

of certain agricultural product cargoes

‘‘impelled’’ by Federal programs

(preference cargoes), and transported by

sea, be carried on privately-owned

United States-flag commercial vessels,

to the extent that such vessels ‘‘are

available at fair and reasonable rates.’’

The Secretary of Transportation intends

to administer that program so that all

ports and port ranges may participate.

1994 Rulemaking

On August 8, 1994, MARAD

published a final rule on this subject in

the Federal Register (59 FR 40261). That

rule stated that it was intended to allow

U.S. Great Lakes ports to participate

with ports in other U.S. port ranges in

the carriage of bulk agricultural

commodity preference cargoes. It cited

as justification for the rule dramatic

changes in shipping conditions that

have occurred since 1960, including the

disappearance of any all-U.S.-flag

commercial ocean-going service to

foreign countries from U.S. Great Lakes

ports. It further stated that the static

configuration of the St. Lawrence

Seaway system and the evolving greater

size of commercial vessels contributed

to the disappearance of any all-U.S.-flag

service.

No preference cargo has moved on

U.S.-flag vessels out of the Great Lakes

since 1989, with the exception of one

trial shipment in 1993. Under the Food

Security Act of 1985, Public Law 99–

198, codified at 46 App. U.S.C.

1241f(c)(2), a certain minimum amount

of Government-impelled cargo was

required to be allocated to Great Lakes

ports during calendar years 1986, 1987,

1988, and 1989. That Great Lakes ‘‘setaside’’ expired in 1989, and was not

renewed by Congress. The

disappearance of Government-impelled

cargo flowing from the Great Lakes

coincided with the expiration of the

Great Lakes ‘‘set aside.’’

At the time of the opening of the 1994

Great Lakes shipping season on April 5,

1994, the Great Lakes did not have any

all-U.S.-flag ocean freight service for

carriage of bulk preference cargo. In

contrast, the total export nationwide by

non-liner vessels of USDA and USAID

agricultural assistance program cargoes

subject to cargo preference in the 1992–

1993 cargo preference year (the latest

program year for which figures are

available) amounted to 6,297,015 metric

tons, of which 4,923,244, or 78.2

percent, was transported on U.S.-flag

vessels. (Source: Maritime

Administration database.)

MARAD issued the 1994 rule to

provide Great Lakes ports with the

opportunity to compete for agricultural

commodity preference cargoes for only

the 1994 Great Lakes shipping season

cargoes, and to assess the results.

Inadequate 1994 Trial Period

As predicted by numerous

commenters on the first notice of

proposed rulemaking (NPRM),

published on May 11, 1994 (59 FR

24390), the timing of the final rule did

not allow for a true trial period since it

was actually in effect for less than onehalf of the 1994 Great Lakes shipping

season. Because of the long lead time

required for arranging shipments of bulk

agricultural commodity preference

cargoes, there was no real opportunity