Federal Register / Vol. 60, No. 91 / Thursday, May 11, 1995 / Proposed Rules 25187

records show that approximately 325

underground coal mines have been

classified as active in Virginia since

October 24, 1992. Between October 24,

1992, and January 13, 1995, Virginia

investigated 262 citizen complaints

alleging subsidence-caused structural

damage or water supply loss or

contamination as a result of

underground mining operations. As of

January 13, 1995, Virginia had found

that no violation of the Act existed on

202 of the complaints, violations existed

on 35 of the complaints, and technical

reports and a final decision were

pending on 25 complaints.

By letter dated April 30, 1995, a

person requested that the comment

period be reopened because previous

commitments prevented a timely reply

to OSM’s request for public comment. In

response to this request, OSM is

reopening the public comment period

until May 26, 1995.

II. Public Comment Procedures

OSM is requesting public comment to

assist OSM in making its decision on

which approach to use in Virginia to

implement the underground coal mine

performance standards of section 720(a)

of SMCRA, the implementing Federal

regulations, and any counterpart State

provisions.

A. Written Comments

Written comments should be specific,

pertain only to the issues addressed in

this notice, and include explanations in

support of the commenter’s

recommendations. Comments received

after the time indicated under DATES or

at locations other than the Big Stone

Gap Field Office will not necessarily be

considered in OSM’s final decision or

included in the Administrative Record.

B. Public Hearing

Persons wishing to speak at the public

hearing should contact the person listed

under FOR FURTHER INFORMATION

CONTACT by 4:00 p.m., E.D.T. on May 18,

1995. The location and time of the

hearing will be arranged with those

persons requesting the hearing. If no one

requests an opportunity to testify at the

public hearing, the hearing will not be

held.

Filing of a written statement at the

time of the hearing is requested as it

will greatly assist the transcriber.

Submission of written statements in

advance of the hearing will allow OSM

officials to prepare adequate responses

and appropriate questions.

The public hearing will continue on

the specified date until all persons

scheduled to speak have been heard.

Persons in the audience who have not

been scheduled to speak, and who wish

to do so, will be heard following those

who have been scheduled. The hearing

will end after all persons scheduled to

speak and persons present in the

audience who wish to speak have been

heard.

Any disabled individual who has

need for a special accommodation to

attend a public hearing should contact

that individual listed under FOR

FURTHER INFORMATION CONTACT.

C. Public Meeting

If only a few persons request an

opportunity to speak at a hearing, a

public meeting, rather than a public

hearing, may be held. Persons wishing

to meet with OSM representatives to

discuss recommendations on how OSM

and Virginia should implement the

provisions of section 720(a) of SMCRA,

the implementing Federal regulations,

and/or the counterpart State provisions,

may request a meeting by contacting the

person listed under FOR FURTHER

INFORMATION CONTACT. All such meetings

will be open to the public and, if

possible, notices of meetings will be

posted at the locations listed under

ADDRESSES. A written summary of each

meeting will be made a part of the

Administrative Record.

Dated: May 4, 1995.

Allen D. Klein,

Regional Director, Appalachian Regional

Coordinating Center.

[FR Doc. 95–11647 Filed 5–10–95; 8:45 am]

BILLING CODE 4310–05–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD01–95–051]

Special Local Regulation: Stonington

Lobster Boat Races, Deer Island

Thoroughfare, Stonington, ME

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard proposes to

establish a permanent special local

regulation for the Stonington Lobster

Boat Race. The event will be held on

Saturday, July 22, 1995, from 10 a.m. to

4 p.m., and thereafter annually on the

third or fourth Saturday in July in the

waters of Deer Island Thoroughfare,

Stonington, ME. This regulation is

needed to protect the boating public

from the hazards associated with high

speed powerboat racing in confined

waters.

DATES: Comments must be received on

or before June 12, 1995.

ADDRESSES: Comments should be

mailed to Commander (b), First Coast

Guard District, Captain John Foster

Williams Federal Building, 408 Atlantic

Ave., Boston, MA 02110–3350, or may

be hand delivered to Room 428 at the

same address, between 8 a.m. and 4

p.m., Monday through Friday, except

federal holidays. Comments will

become part of this docket and will be

available for inspection or copying at

the above address.

FOR FURTHER INFORMATION CONTACT:

Lieutenant(jg) B.M. Algeo, Chief,

Boating Affairs Branch, First Coast

Guard District, (617) 223–8311.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages

interested persons to participate in this

rulemaking by submitting written data,

views, or arguments. Persons submitting

comments should include their names

and addresses, identify this notice

(CGD01–95–051), the specific section of

the proposal to which each comment

applies, and give reasons for each

comment. The Coast Guard requests that

all comments and attachments be

submitted in an 81⁄2′′ x 11′′ unbound

format suitable for copying and

electronic filing. If that is not practical,

a second copy of any bound material is

requested. Persons requesting

acknowledgment of receipt of comments

should enclose a stamped, selfaddressed postcard or envelope.

The Coast Guard will consider all

comments received during the comment

period. It may change this proposal in

view of the comments. The Coast Guard

plans no public hearing. Persons may

request a public hearing by writing to

Commander (b), First Coast Guard

District at the address under ADDRESSES.

The request should include reasons why

a hearing would be beneficial. If it is

determined that the opportunity for oral

presentations will aid this rulemaking,

the Coast Guard will hold a public

hearing at a time and place announced

by a later notice in the Federal Register.

The shortened comment period for

this regulation was caused by a delay in

receiving necessary information from

the event sponsor. The Coast Guard

considers this shortened comment

period to be adequate because

considerable promotional efforts

undertaken by the sponsor have

effectively publicized the event

throughout the local area. The shortened

comment period will allow sufficient

time for the public to make substantive

comments on the proposed rule.
25188 Federal Register / Vol. 60, No. 91 / Thursday, May 11, 1995 / Proposed Rules

Drafting Information. The drafters of this

notice are Lieutenant(jg) B.M. Algeo, Project

Manager, First Coast Guard District Boating

Affairs Branch, and Lieutenant Commander

S.R. Watkins, Project Counsel, First Coast

Guard District Legal Office.

Background and Purpose

On March 29, 1995, the sponsor, Deer

Island-Stonington Chamber of

Commerce, submitted a request to hold

a powerboat race in Deer Island

Thoroughfare, Stonington, ME. The

Coast Guard is considering establishing

a permanent regulation in Deer Island

Thoroughfare for this event known as

the ‘‘Stonington Lobster Boat Races.’’

The proposed regulation would

establish a regulated area in Deer Island

Thoroughfare and would provide

specific guidance to control vessel

movement during the race.

This event will include up to 100

power-driven lobster boats competing

on a rectangular course at speeds

approaching 20 m.p.h. Due to the

inherent dangers of racing in a confined

area and the large wakes produced,

vessel traffic will be temporarily

restricted to provide for the safety of the

spectators and participants.

The sponsor will provide five

committee boats to augment the Coast

Guard patrol assigned to the event. The

race course will be well marked and

patrolled, but due to the speed and

proximity of the participating vessels, it

is necessary to establish a special local

regulation to control spectator and

commercial vessel movement within

this confined area.

Discussion of Proposed Amendments

The Coast Guard proposes to establish

a special local regulation on specified

waters of Deer Island Thoroughfare,

Stonington, Maine. The regulated area

will be closed to all traffic from 10 a.m.

to 4 p.m. on July 22, and thereafter

annually on the third or fourth Saturday

in July, at the same prescribed times. In

emergency situations, provisions will be

made to establish safe escort by a Coast

Guard or designated Coast Guard vessel

for mariners requiring transit through

the regulated area. This regulation is

needed to protect spectators and

participants from the hazards that

accompany a high speed power boat

race in a confined area.

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 FR 11040;

February 26, 1979). The Coast Guard

expects the economic impact to be so

minimal that a fully Regulatory

Evaluation, under paragraph 10e of the

regulatory policies and procedures of

DOT, is unnecessary. This conclusion is

based on the limited duration of the

race, the extensive advisories that have

been and will be made to the affected

maritime community, and the fact that

the event is taking place in an area

where there is little commercial interest.

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 fields and that otherwise qualify

as ‘‘small business concerns’’ under

section 3 of the Small Business Act (15

U.S.C. 632).

For the reasons discussed in the

Regulatory Evaluation, the Coast Guard

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

proposal will not have a significant

economic impact on a substantial

number of small entities.

Collection of Information

This proposal 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

proposal in accordance with the

principles and criteria contained in

Executive Order 12612 and has

determined that this proposal does not

have sufficient federalism implications

to warrant the preparation of a

Federalism Assessment.

Environment

The Coast Guard is considering the

environmental impacts of both the

proposed special regulations and the

World’s Fastest Lobster Boat Race. It is

anticipated that an Environmental

Assessment (EA) will be written and

included in the docket concerning the

potential environmental impacts

resulting from this powerboat race for

which the Coast Guard has received an

‘‘Application for Marine Event Permit.’’

Comments in this regard should be

forwarded to the address listed under

ADDRESSES.

List of Subjects in 33 CFR Part 100

Marine safety, Navigation (water),

Reporting and recordkeeping

requirements, Waterways.

For the reasons set out in the

preamble, the Coast Guard proposes to

amend 33 CFR part 100 as follows:

1. The authority citation for Part 100

continues to read as follows:

Authority: 33 U.S.C. 1233; 49 CFR 1.46 and

33 CFR 100.35.

2. Section 100.111, is added to read as

follows:

§ 100.111 Stonington Lobster Boat Races,

Jonesport, ME.

(a) Regulated area. The regulated area

includes all waters within the following

points:

Latitude Longitude

44°08.57′′ N 68° 40.12′′ W

44°09.05′′ N 68° 40.12′′ W

44°09.15′′ N 68° 39.05′′ W

44°09.05′′ N 68° 39.00′′ W

(b) Special local regulations. (1)

Commander, U.S. Coast Guard Group

Southwest Harbor reserves the right to

delay, modify, or cancel the race as

conditions or circumstances require.

(2) No person or vessel may enter,

transit, or remain in the regulated area

during the effective period of regulation

unless participating in the event or

unless authorized by the Coast Guard

patrol commander.

(3) Vessels desiring to transit Deer

Island Thoroughfare may do so without

Coat Guard approval as long as the

vessel remains outside the regulated

area at specified times. No vessel will be

allowed to transit through any portions

of the regulated area during the actual

race. Provisions will be made to allow

vessels to transit the regulated area

between race heats. In the event of an

emergency, the Coast Guard patrol

commander may authorize a vessel to

transit through the regulated area with

a Coast Guard designated escort. Vessels

encountering emergencies which

require transit through the regulated

area should contact the Coast Guard

patrol commander on VHF Channel 16.

(4) Spectator craft are authorized to

watch the race from any area as long as

they remain outside the designated

regulated area. Spectator craft are

expected to remain outside the

regulated area from 10 a.m. to 4 p.m.

unless permission has been granted by

the patrol commander.

(5) All persons and vessels shall

comply with the instructions of the

Commander, U.S. Coast Guard Group

Southwest Harbor or the designated on-
Federal Register / Vol. 60, No. 91 / Thursday, May 11, 1995 / Proposed Rules 25189

scene patrol commander. On-scene

patrol personnel include commissioned,

warrant, and petty officers of the U.S.

Coast Guard. Upon hearing five or more

blasts from a U.S. Coast Guard vessel,

the operator of a vessel shall stop

immediately, then proceed as directed.

Members of the Coast Guard Auxiliary

will also be present to inform vessel

operators of this regulation and other

applicable laws.

(c) Effective period. This section will

be effective from 10 a.m. to 4 p.m. on

Saturday, July 22, 1995, and thereafter

annually on the third or fourth Saturday

in July, at the same prescribed times,

unless otherwise specified in the Coast

Guard Local Notice to Mariners and a

notice in the Federal Register.

Dated: May 1, 1995.

J.L. Linnon,

Rear Admiral, U.S. Coast Guard Commander,

First Coast Guard District

[FR Doc. 95–11660 Filed 5–10–95; 8:45 am]

BILLING CODE 4910–14–M

33 CFR Part 165

[CGD01–95–031]

RIN 2115–AA97

Safety Zone: Macy’s 1995 Fourth of

July Fireworks, East River, NY

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard proposes to

establish a safety zone for the annual

Macy’s Fourth of July Fireworks

program in New York Harbor. The event

will take place on Tuesday, July 4, 1995,

from 6 p.m. until 11 p.m., on the East

River. With the exception of certain

vessels, which may enter designated

portions of the safety zone, the East

River will be temporarily closed to

vessel transits. This safety zone is

needed to protect mariners from the

hazards associated with fireworks

exploding in the area, and from the

dangers associated with vessels

operating with limited maneuverability

in confined waters.

DATES: Comments must be received on

or before June 12, 1995.

ADDRESSES: Comments should be

mailed to U.S. Coast Guard Group, New

York, Bldg. 108, Governors Island, New

York 10004–5096, or may be delivered

to the Planning and Readiness Division,

Bldg. 108, between 8:00 a.m. and 4:00

p.m., Monday through Friday, except

Federal holidays. Any person wishing to

visit the office must contact the

Planning and Readiness Division at

(212) 668–7934 to obtain advance

clearance due to the fact that Governors

Island is a military installation with

limited access.

FOR FURTHER INFORMATION CONTACT:

Lieutenant R. Trabocchi, Chief,

Planning and Readiness Division, Coast

Guard Group/Captain of the Port New

York (212) 668–7934.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages

interested persons to participate in this

rulemaking by submitting written data,

views, or arguments. A 30 day comment

period is deemed to be sufficiently

reasonable notice to all interested

persons. Since this proposed

rulemaking is neither complex nor

technical, a longer comment period is

deemed to be unnecessary and contrary

to the public interest. Any delay in

publishing a final rule will effectively

cancel this annual event. cancellation of

this annual event will be contrary to

public interest.

Persons submitting comments should

include their names and addresses,

identify this notice (CGD01–95–031)

and the specific section of the proposal

to which their comments apply, and

give reasons for each comment. Persons

wanting acknowledgment of receipt of

comments should enclose a stamped,

self-addressed postcard or envelope.

The Coast Guard will consider all

comments received during the comment

period. It may change this proposal in

view of the comments. The Coast Guard

plans no public hearing; however,

persons may request a public hearing by

writing to the Planning and Readiness

Division at the address under

ADDRESSES. If it is determined that the

opportunity for oral presentations will

aid this rulemaking, the Coast Guard

will hold a public hearing at a time and

place announced by a later notice in the

Federal Register.

Drafting Information: The drafters of this

notice are LT R. Trabocchi, Project Manager,

Coast Guard Group/Captain of the Port New

York and LCDR J. Stieb, Project Attorney,

First Coast Guard District, Legal Office.

Background and Purpose

Macy’s has notified the Coast Guard

that it intends to sponsor a fireworks

program on the East River, New York,

on July 4, 1995. This proposed

regulation would establish a safety zone

that will temporarily close the East

River to vessel transits from 6 p.m. until

11 p.m. on July 4, 1995. This safety zone

includes all waters of the East River,

shore to shore, east of a line drawn from

the Fireboat Station, at Battery Park,

Manhattan, New York (40°42′16′′N

latitude 074°01′07′′W longitude) to the

Governors Island Light at the northwest

point of Governors Island, New York

(40°41′35′′N latitude 074°01′11′′W

longitude); north of a line drawn from

the Brooklyn Battery Tunnel ventilator

shaft at Governors Island, New York, to

the northwest corner of Pier 6,

Brooklyn, New York; south of a line

drawn from Lawrence Point to Stony

Point, and south of the Harlem River

Footbridge. This safety zone also

includes all waters of Newtown Creek,

Brooklyn, New York, west of

073°57′37′′W longitude; and, within the

boundaries of the safety zone, all waters

inward of the pierheads and bulkheads

south of Roosevelt Island. There will be

seven (7) fireworks barges between the

southern tip of Roosevelt Island and the

southern boundaries of this safety zone.

No vessel may enter the safety zone

without permission of the Captain of the

Port New York. Certain designated

vessels may enter this safety zone.

These designated vessels are defined as

follows: (1) Vessels less than 20 meters

(65.6 feet) in length, carrying persons for

the sole purpose of viewing the

fireworks may enter the zone north of

the southern tip of Roosevelt Island. (2)

Vessels greater than 20 meters (65.6 feet)

in length, carrying persons for the sole

purpose of viewing the fireworks

display, may enter the zone and take

position at least 200 yards off the west

bank of the East River between the

Williamsburg Bridge and the charted

position of Buoy 18 (LLNR 27335).

These vessels may enter the zone and

proceed to this area between 6:30 p.m.

and 8 p.m., and must remain in position

until released by the Captain of the Port

New York. (3) The Staten Island and

Coast Guard ferries may continue

services to their ferry slips at the

Battery, Manhattan, New York, but will

not be permitted to transit east of the

Coast Guard ferry slip, also known as

Slip 6, at the Battery, Manhattan, New

York. On scene patrol personnel will

monitor the number of designated

vessels entering into the viewing areas

of the zone. If it becomes apparent that

any additional spectator vessels in a

specific viewing area will create a safety

hazard, the Patrol Commander may

prevent additional vessels from entering

into that viewing area.

Vessels not meeting this criteria have

a significant potential to create a

hazardous condition in this area of the

East River, due in great part, to the

extremely strong currents. Restricting

vessels in the safety zone as described

above will minimize the threat posed by

vessels with limited maneuverability.

Continuing ferry services in the