26688 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Rules and Regulations

for the safety of vessel traffic and the

protection of life and property along the

shore.

EFFECTIVE DATES: This regulation is

effective on May 4, 1995 and will

remain in effect until June 2, 1995,

unless terminated sooner by the Captain

of the Port.

FOR FURTHER INFORMATION CONTACT:

LT Robert Siddall, Operations Officer,

Captain of the Port, St. Louis, Missouri

at (314) 539–3823.

SUPPLEMENTARY INFORMATION:

Drafting Information

The drafters of this regulation are

LTJG A.B. Cheney, Project Officer,

Marine Safety Office, St. Louis, Missouri

and LT S.M. Moody, Project Attorney,

Second Coast Guard District Legal

Office.

Regulatory History

In accordance with 5 U.S.C. 553, a

notice of proposed rulemaking has not

been published for this rule and good

cause exists for making it effective in

less than 30 days from the date of

publication. Following normal

rulemaking procedures would have

been impracticable. Specifically, recent

heavy rainfall on already saturated

ground in portions of the Upper

Mississippi River Basin has caused

tributaries and the southern portion of

the Upper Mississippi River to approach

and exceed flood stages, leaving

insufficient time to publish a proposed

rulemaking. The Coast Guard deems it

to be in the public’s interest to issue a

rule without waiting for comment

period since high water conditions

present immediate hazard.

Background and Purpose

The Upper Mississippi River in the

vicinity of St. Louis Harbor has seen a

rapid rise in the water level and is

expected to be above flood stage by May

13, 1995. Recent torrential downpours,

predominately in Missouri and southern

Illinois, caused a very rapid rise in river

stages. Water conditions that cause

rapid and sharp rises in river stages also

cause treacherous currents in the

vicinity of bridges within St. Louis

Harbor. These currents make the

approach to the bridges more critical

since the time to impose course

corrections are diminished.

Additionally, the high water conditions

reduce both the vertical and horizontal

clearances available to the navigating

tow. Reducing tow lengths and

increasing horsepower requirements

will offset the effect of the increased

current. The circumstances requiring

this rule are swift currents and a rapid

rise in river level on the Upper

Mississippi River at St. Louis, MO. This

rule is required for the safety and

protection of vessels transiting the

safety zone.

Regulatory Evaluation

This regulation is not major under

Executive Order 12291 and not

significant under Department of

Transportation Regulatory Policies and

Procedures (44 FR 11040; February 26,

1979), it will not have a significant

economic impact on a substantial

number of small entities, and it contains

no collection of information

requirements.

The Coast Guard expects the impact

of this regulation to be so minimal that

a Regulatory Evaluation is unnecessary.

The imposed restrictions are anticipated

to be of short duration. Captain of the

Port, St. Louis, Missouri will monitor

river conditions and will authorize

entry into the closed area as conditions

permit. Changes will be announced by

Marine Safety Information Radio

Broadcast on VHF Marine Band Radio,

Channel 22 (157.1 MHZ). Mariners may

also call the Port Operations Officer,

Captain of the Port, St. Louis, Missouri

at (314) 539–3823 for current

information.

Small Entities

The Coast Guard finds that the impact

on small entities, if any, is not

substantial. Therefore, the Coast Guard

certifies under section 605(b) of the

Regulatory Flexibility Act (5 U.S.C. 601

et seq.) that this temporary 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).

Federalism Assessment

Under the principles and criteria of

Executive Order 12612, this rule does

not raise sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

Environmental Assessment

The Coast Guard considered the

environmental impact of this rule and

concluded that, under section 2.B.2.g.[5]

of Commandant Instruction M16475.1B,

this rule is categorically excluded from

further environmental documentation as

an action to protect public safety. 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), Records and recordkeeping,

Security measures, Vessels, Waterways.

Temporary Regulation

In consideration of the foregoing,

Subpart C of Part 165 of Title 33, Code

of Federal Regulations, is amended 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.T02–028 is

added, to read as follows:

§ 165.T02–028 Safety Zone: Upper

Mississippi River.

(a) Location. The Upper Mississippi

River between mile 179.0 and 184.0 is

established as a safety zone.

(b) Effective Dates. This section is

effective on May 4, 1995 and will

terminate on June 2, 1995, unless

terminated sooner by the Captain of the

Port.

(c) Regulations. The general

regulations under § 165.23 of this part

which prohibit vessel entry within the

described zone without authority of the

Captain of the Port apply. The Captain

of the Port, St. Louis, Missouri will

authorize entry into and operations

within the described zone under certain

conditions and limitations as

announced by Marine Safety

Information Radio Broadcast on VHF

Marine Band Radio, Channel 22 (157.1

MHZ).

Dated: May 4, 1995.

S.P. Cooper,

Commander, U.S. Coast Guard, Captain of

the Port, St. Louis, Missouri.

[FR Doc. 95–12282 Filed 5–17–95; 8:45 am]

BILLING CODE 4910–14–M

33 CFR Part 165

[CGD01–95–055]

RIN 2115–AA97

Safety Zone: Ellis Island NECO Awards

Gala Fireworks, Upper New York Bay,

NY and NJ

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone for

a fireworks program located in Federal

Anchorage 20C in Upper New York Bay,

New York. This safety zone will be in
Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Rules and Regulations 26689

effect on May 21, 1995, from 10:15 p.m.

until 11:30 p.m. The safety zone will

temporarily close all waters of the

Upper New York Bay, within a 300 yard

radius of the fireworks barges anchored

approximately 300 yards east of Liberty

Island, New York.

EFFECTIVE DATE: This rule is effective on

May 21, 1995, from 10:15 p.m. until

11:30 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.

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

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

proposed rulemaking (NPRM) was not

published for this regulation and good

cause exists for not publishing an

NPRM. Due to the date this application

was received, there was insufficient

time to draft and publish a notice of

proposed rulemaking that allows for a

reasonable comment period prior to the

event. The delay encountered if normal

rulemaking procedures were followed

would effectively cancel this event.

Cancellation of this event is contrary to

public interest.

Background and Purpose

On May 1, 1995, Fireworks by Grucci

submitted an application to hold a

fireworks program in the waters of

Upper New York Bay, off of Liberty

Island, New York. This fireworks

program is being sponsored by the

National Ethnic Coalition of

Organizations Foundation, Inc., (NECO).

This rule establishes a temporary safety

zone in all waters of the Upper New

York Bay within a 300 yard radius of

fireworks barges anchored

approximately 300 yards east of Liberty

Island, New York, at or near 40°41′17′′N

latitude, 74°02′25′′W longitude. The

safety zone will be in effect on May 21,

1995, from 10:15 p.m. until 11:30 p.m.,

unless extended or terminated sooner by

the Captain of the Port, New York. This

safety zone precludes all vessels from

transiting this portion of the Upper New

York Bay and is needed to protect

mariners from the hazards associated

with fireworks exploding in the area.

Regulatory Evaluation

This 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 rule

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 Upper New York

Bay to all vessel traffic on May 21, 1995,

from 10:15 p.m. until 11:30 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 rule

will not be significant for several

reasons. Due to the fact that this safety

zone will not impact any navigable

channel; that the duration of the event

is limited; that the event is at a late

hour; and that extensive, advance

advisories will be made to the maritime

community, the impact of this rule is

expected 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 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 given in the

Regulatory Evaluation, the Coast Guard

expects the impact of this rule to be

minimal. The Coast Guard certifies

under 5 U.S.C. 605(b) that this 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).

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 rule 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 rule 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 rule 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 program 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,

Waterways.

Temporary 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 section, § 165.T01–

055, is added to read as follows:

§ 165.T01–055 Safety Zone; Ellis Island

NECO Awards Gala Fireworks, Upper New

York Bay, New York and New Jersey.

(a) Location. All waters of Federal

Anchorage 20C, Upper New York Bay,

within a 300 yard radius of the

fireworks barges anchored

approximately 300 yards east of Liberty

Island, New York, at or near 40°41′17′′N

latitude, 074°02′25′′W longitude.

(Datum: NAD 83)

(b) Effective period. This section is in

effect on May 21, 1995, from 10:15 p.m.

until 11:30 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.

(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.
26690 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Rules and Regulations

Dated: May 10, 1995.

T. H. Gilmour,

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

Port, New York.

[FR Doc. 95–12283 Filed 5–17–95; 8:45 am]

BILLING CODE 4910–14–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 721

[OPPTS–50611A; FRL–4953–7]

RIN 2070–AB27

1H,3H,5H-oxazolo [3,4-c] oxazole,

Dihydro-7a-methyl-; Significant New

Use Rule

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is promulgating a

significant new use rule (SNUR) under

section 5(a)(2) of the Toxic Substances

Control Act (TSCA) for the chemical

substance described as 1H,3H,5Hoxazolo [3,4-c] oxazole, dihydro-7amethyl-, which is the subject of

premanufacture notice (PMN) P–91–

1324. This rule will require certain

persons who intend to manufacture,

import, or process this substance for a

significant new use to notify EPA at

least 90 days before commencing any

manufacturing or processing activities

for a use designated by this SNUR as a

significant new use. The required notice

would provide EPA with the

opportunity to evaluate the intended

use and, if necessary, to prohibit or limit

that activity before it can occur.

DATES: The effective date of this rule is

July 17, 1995. This rule shall be

promulgated for purposes of judicial

review at 1 p.m. (e.s.t.) on June 1, 1995.

FOR FURTHER INFORMATION CONTACT:

Susan B. Hazen, Director,

Environmental Assistance Division

(7408), Office of Pollution Prevention

and Toxics, Environmental Protection

Agency, Rm. EB–543B, 401 M Street,

SW., Washington, DC 20460, telephone:

(202) 554–1404, TDD: (202) 554–0551.

SUPPLEMENTARY INFORMATION:

I. Authority

Section 5(a)(2) of TSCA (15 U.S.C.

2604(a)(2)) authorizes EPA to determine

that a use of a chemical substance is a

‘‘significant new use.’’ EPA must make

this determination by rule after

considering all relevant factors,

including those listed in section 5(a)(2).

Once EPA determines that a use of a

chemical substance is a significant new

use, section 5(a)(1)(B) of TSCA requires

persons to submit a notice to EPA at

least 90 days before they manufacture,

import, or process the chemical

substance for that use. The mechanism

for reporting under this requirement is

established under 40 CFR 721.25.

II. Applicability of General Provisions

General provisions for SNURs appear

under subpart A of 40 CFR part 721.

These provisions describe persons

subject to the rule, recordkeeping

requirements, exemptions to reporting

requirements, and applicability of the

rule to uses occurring before the

effective date of the final rule. Rules on

user fees appear at 40 CFR part 700.

Persons subject to this SNUR would

comply with the same notice

requirements and EPA regulatory

procedures as submitter of PMNs under

section 5(a)(1)(A) of TSCA. In particular,

these requirements include the

information submission requirements of

section 5(b) and 5(d)(1), the exemptions

authorized by section 5 (h)(1), (2), (3),

and (5), and the regulations at 40 CFR

part 720. Once EPA receives a SNUR,

EPA may take regulatory action under

section 5(e), 5(f), 6, or 7 as appropriate

to control the activities for which it has

received the SNUR. If EPA does not take

action, EPA is required under section

5(g) to explain in the Federal Register

its reasons for not taking action.

Persons who intend to export a

substance identified in a proposed or

final SNUR are subject to the export

notification provisions of TSCA section

12(b). The regulations that interpret

section 12(b) appear at 40 CFR part 707.

Persons who intend to import a

chemical substance identified in a final

SNUR are subject to the TSCA section

13 import certification requirements,

which are codified at 19 CFR 12.118

through 12.127 and 127.28. Such

persons must certify that they are in

compliance with the SNUR

requirements. The EPA policy in

support of the import certification

appears at 40 CFR part 707.

III. Background

EPA published a proposed SNUR for

the chemical 1H,3H,5H-oxazolo [3,4-c]

oxazole, dihydro-7a-methyl- in the

Federal Register of November 2, 1994 at

59 FR 54874. The background and

reasons for the SNUR are set forth in the

preamble to the proposed SNUR. The

proposed SNUR designated exposure to

the PMN substance without ocular

protection (chemical goggles or

equivalent eye protection) and any

predictable or purposeful release of the

PMN substance to surface water above

500 parts per billion (ppb) as significant

new uses. The Agency received no

public comment concerning the

proposed SNUR. As a result, EPA is

promulgating this final SNUR.

IV. Determination of Proposed

Significant New Uses

To determine what would constitute

significant new uses of this chemical

substance, EPA considered relevant

information about the toxicity of the

substance, likely exposures/releases

associated with possible uses, and the

four factors listed in section 5(a)(2) of

TSCA.

Section 5(a)(2) of TSCA provides that

EPA’s determination that a chemical

substance is a significant new use must

be made after a consideration of all

relevant factors including:

A. The projected volume of

manufacturing and processing of a

chemical substance.

B. The extent to which a use changes

the type or form of exposure of human

beings or the environment to a chemical

substance.

C. The extent to which a use increases

the magnitude and duration of exposure

of human beings or the environment to

a chemical substance.

D. The reasonably anticipated manner

and methods of manufacturing,

processing, distribution in commerce,

and disposal of a chemical substance.

EPA construes the statute to allow

consideration of any other relevant

factors, in addition to those enumerated

in section 5(a)(2)(A) through (D),

because it is not an exclusive list.

V. Applicability of SNUR to Uses

Occurring Before Effective Date of the

Final SNUR

EPA has decided that the intent of

section 5(a)(1)(B) is best served by

designating a use as a significant new

use as of the date of proposal rather than

as of the effective date of the final rule.

If uses which commence between the

proposal date and the effective date of

the final rule were considered ongoing,

rather than new, any person could

defeat the SNUR by initiating a

significant new use before the effective

date. This would make it difficult for

EPA to establish SNUR notice

requirements. Thus, persons who begin

commercial manufacture, import, or

processing of the substance for uses

identified in this SNUR after the date of

the proposed rule will have to cease any

such activity before the effective date of

this rule. To resume their activities,

such persons would have to comply

with all applicable SNUR notice

requirements and wait until the notice

review period, including all extensions,

expires. EPA, not wishing to

unnecessarily disrupt the activities of