67330 Federal Register / Vol. 60, No. 250 / Friday, December 29, 1995 / Rules and Regulations

2—* * *

3—* * *

4—Defense Technical Information

Center (DTIC)

5—U.S. Army Corps of Engineers

(USACE) Civil Works

[4] Command code. The code

established by the DoD Component

headquarters to identify the command

responsible for operating the

commercial activity undergoing cost

comparison.

[5] Installation code. The code

established by the DoD Component

headquarters to identify the installation

where the CA(s) under cost comparison

is and/or are located physically. Two or

more codes (for cost comparison

packages encompassing more than one

installation) should be separated by

commas.

* * * * *

Dated: December 21, 1995.

L.M. Bynum,

Alternate OSD Federal Register Liaison

Officer, Department of Defense.

[FR Doc. 95–31346 Filed 12–28–95; 8:45 am]

BILLING CODE 5000–04–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD 05–95–086]

Special Local Regulations for Marine

Events; New Year’s Eve Fireworks;

Delaware River, Philadelphia, PA

AGENCY: Coast Guard, DOT.

ACTION: Notice of implementation.

SUMMARY: This notice implements 33

CFR 100.509 for the New Year’s Eve

Fireworks Display. The display will be

launched from barges anchored off

Penns Landing, Delaware River,

Philadelphia, Pennsylvania on

December 31, 1995. The regulations in

33 CFR 100.509 are needed to control

vessel traffic in the immediate vicinity

of the event due to the confined nature

of the waterway and expected spectator

craft congestion during the event. The

regulations restrict general navigation in

the area for the safety of life and

property on the navigable waters during

the event.

EFFECTIVE DATES: The regulations in 33

CFR 100.509 are effective from 11 p.m.,

December 31, 1995 until 1:20 a.m., on

January 1, 1996.

FOR FURTHER INFORMATION CONTACT:

Mr. Stephen Phillips, Chief, Boating

Affairs Branch, Boating Safety Division,

Fifth Coast Guard District, 431 Crawford

Street, Portsmouth, Virginia 23704–5004

(804) 398–6204, or Commander, Coast

Guard Group Philadelphia (215) 271–

4825.

Drafting Information: The drafters of this

notice are QM1 Gregory C. Garrison, project

officer, Boating Affairs Branch, Boating

Safety Division, Fifth Coast Guard District,

and CDR T.R. Cahill, project attorney, Fifth

Coast Guard District Legal Staff.

Discussion of Regulation

The Philadelphia Convention and

Visitors Bureau submitted an

application to hold a Neighbors in the

New Year fireworks display. The

display will be launched from barges

anchored off Penns Landing, Delaware

River, Philadelphia, Pennsylvania.

Since many spectator vessels are

expected to be in the area to watch the

fireworks, the regulations in 33 CFR

100.509 are being implemented for this

event. The fireworks will be launched

from within the regulated area. The

waterway will be closed during the

display. Since the closure will not be for

an extended period, commercial traffic

should not be severely disrupted.

Dated: December 18, 1995.

W.J. Ecker,

Rear Admiral, U.S. Coast Guard, Commander,

Fifth Coast Guard District.

[FR Doc. 95–31524 Filed 12–28–95; 8:45 am]

BILLING CODE 4910–14–M

33 CFR Part 100, 110, and 117

[CGD 05–95–085]

Special Local Regulations for Marine

Events; New Year’s Eve Celebration

Fireworks; Norfolk Harbor, Elizabeth

River, Norfolk and Portsmouth, VA

AGENCY: Coast Guard, DOT.

ACTION: Notice of implementation.

SUMMARY: This notice announces that 33

CFR 100.501 is in effect for the New

Year’s Eve Celebration Fireworks

Display, an annual event held on

December 31, 1995 and January 1, 1996.

This regulation is necessary to control

vessel traffic within the immediate

vicinity of the event due to the confined

nature of the waterway and the expected

congestion at the time of the event. The

regulations restrict general navigation in

the area to provide for the safety of life

and property on the navigable waters

during the event.

EFFECTIVE DATES: These regulations are

effective from 11 p.m., December 31,

1995 until 1:30 a.m., January 1, 1996. If

inclement weather causes the

postponement of the event, the

regulations are effective from 6:30 p.m.

until 8:30 p.m., on January 1, 1996.

FOR FURTHER INFORMATION CONTACT:

Mr. Stephen Phillips, Chief, Boating

Affairs Branch, Boating Safety Division,

Fifth Coast Guard District, 431 Crawford

Street, Portsmouth, Virginia 23704–5004

(804) 398–6204.

SUPPLEMENTARY INFORMATION: .

Drafting Information: The drafters of this

notice are QM1 Gregory C. Garrison, project

officer, Boating Affairs Branch, Boating

Safety Division, Fifth Coast Guard District,

and CDR T.R. Cahill, project attorney, Fifth

Coast Guard District Legal Staff.

Discussion of Rule

On December 31, 1995 and January 1,

1996, Norfolk Festevents, Ltd. will

sponsor a New Year’s Eve Celebration.

As part of the celebration, a fireworks

display will be launched from barges

anchored in the Elizabeth River off

Town Point Park. A large number of

spectator vessels are expected.

Therefore, to ensure safety of both

participants and spectators, 33 CFR

100.501 will be in effect for the duration

of the event. Under the provisions of 33

CFR 100.501, a vessel may not enter the

regulated area unless it is registered as

a participant with the event sponsor or

it receives permission from the Coast

Guard patrol commander. These

restrictions will be in effect for a limited

period and should not result in

significant disruption of maritime

traffic.

Additionally, 33 CFR 110.72aa and 33

CFR 117.1007(b) will be in effect while

33 CFR 100.501 is in effect. Section

110.72aa establishes special anchorages

which may be used by spectator craft.

Section 117.1007(b) provides that the

draw of the Berkley Bridge shall remain

closed from one hour prior to the

scheduled event until one hour after the

scheduled event unless the Coast Guard

patrol commander allows it to be

opened for passage of commercial

traffic.

Dated: December 18, 1995.

W. J. Ecker,

Rear Admiral, U.S. Coast Guard, Commander,

Fifth Coast Guard District.

[FR Doc. 95–31525 Filed 12–28–95; 8:45 am]

BILLING CODE 4910–14–M

33 CFR Part 165

[COTP Philadelphia, PA 95–087]

RIN 2115–AA97

Safety Zone Regulations: New Years

Eve Fireworks: Delaware River,

Philadelphia, PA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.
Federal Register / Vol. 60, No. 250 / Friday, December 29, 1995 / Rules and Regulations 67331

SUMMARY: The Coast Guard is

establishing a temporary moving safety

zone on the Delaware River between the

Commodore Barry Bridge and Penn’s

Landing, Philadelphia, Pennsylvania

during the transit of the Tug PURPLE

HAYS with fireworks barges on

December 31, 1995. This safety zone is

needed to protect vessels, the port

community and the environment from

potential safety and environmental

hazards associated with the transit of

the Tug PURPLE HAYS with barges

loaded with explosives. Entry into this

zone is prohibited without permission

from the Captain of the Port.

EFFECTIVE DATE: This rule is effective

from 4 p.m. to 11 p.m., December 31,

1995.

FOR FURTHER INFORMATION CONTACT:

LTJG S.J. Kelly, Project Officer at the

Captain of the Port, Philadelphia, (215)

271–4909.

SUPPLEMENTARY INFORMATION: In

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

of proposed rulemaking (NPRM) was

not published for this regulation and

good cause exists for making it effective

in less than 30 days after Federal

Register publication. The Coast Guard

was informed by the owner/operator of

the Tug PURPLE HAYS on December 6,

1995 of the intended transit of the Tug

PURPLE HAYS along the Delaware

River between the Commodore Barry

Bridge and Penn’s Landing,

Philadelphia, Pennsylvania. Publishing

a NPRM and delaying the effective date

would be contrary to the public interest,

since immediate action is needed to

protect the environment and vessel

traffic against potential hazards

associated with the transit of the Tug

PURPLE HAYS and barges while loaded

with fireworks.

Drafting Information: The drafters of this

regulation are LTJG S.J. Kelly, project officer

for the Captain of the Port, Philadelphia, and

CDR. T.R. Cahill, Project Attorney, Fifth

Coast Guard District Legal Staff.

Discussion of the Regulation: The

circumstances requiring the regulation arise

from the potential hazards associated with

the transportation of fireworks on a barge in

heavily trafficked areas of the Delaware

River. The safety zone includes a specified

area around the Tug PURPLE HAYS barges

loaded with explosives while underway on

the Delaware River between the Commodore

Barry Bridge and Penn’s Landing and while

moored at Hay’s Tug and Launch, Chester,

PA. Performance Pyrotechnic Associates, Inc.

submitted an application for a marine event

to MSO/Group Philadelphia dated November

20, 1995, requesting permission to hold a

fireworks display in conjunction with the

New Years Eve Celebration. However, the

Coast Guard was not notified of the exact

circumstances surrounding the transport of

explosive until December 10, 1995. This

temporary safety zone is being established

with transit of the barges. Additionally, as

announced in a separate notice to be

published in the Federal Register, special

local regulations in 33 CFR 100.509 will be

in effect during the fireworks display.

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

proposal to be so minimal that a full

Regulatory Evaluation under paragraph

10e of the regulatory policies and

procedures of DOT is unnecessary.

Environment: The Coast Guard

considered the environmental impact of

this proposal and concluded that under

section 2.B.2.e (34). of Commandant

Instruction M16475.1B (as revised by 59

FR 38654; July 29, 1994), this rule is

categorically excluded from further

environmental documentation.

Collection of Information: This

proposal contains no collection of

information requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

Federalism Assessment: This action

has been analyzed in accordance with

the principles and criteria contained in

Executive Order 12612, and it has been

determined that it does not have

sufficient federalism implications to

warrant the preparation of a Federalism

Assessment.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Security measures, Vessels,

Waterways.

Regulation

In consideration of the foregoing,

Subpart C of Part 165 of Title 33, Code

of Federal Regulations, is amended as

follows:

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 new § 165.T05–087 is added to

read as follows:

§ 165.T05–087 Safety Zone: Delaware

River, between Commodore Barry Bridge

and Penn’s Landing, Philadelphia, PA.

(a) Location. A safety zone is

established for:

(1) All waters within an area which

extends 500 yards on either side and

1000 yards ahead and astern of the Tug

PURPLE HAYS and barges loaded with

class 1.3 and 1.4 explosives while

underway in the Delaware River,

between the Commodore Barry Bridge

and Penn’s Landing, Philadelphia, PA.

(2) All waters within a 200 yard

radius of the Tug PURPLE HAYS and

barges loaded with class 1.3 and 1.4

explosives while moored at Hay’s Tug

and Launch in Chester, PA.

(b) Effective Date. This section is

effective from 4 p.m. to 11 p.m.

December 31, 1995. If the conditions

requiring a safety zone terminate at an

earlier date, the Captain of the Port,

Philadelphia, may advise mariners by

Broadcast Notice to Mariners that the

safety zone will not be enforced.

(c) Regulations: The following

regulations shall apply within the safety

zone.

(1) No person or vessel may enter the

safety zone without permission of the

Captain of the Port or his designated

representative.

(2) As a condition of entry into the

safety zone, the COTP or his designated

representative may order that each

vessel:

(i) Maintain a continuous radio guard

on channels 13 and 16 VHF–FM while

underway;

(ii) Not overtake the Tug PURPLE

HAYS while underway on the Delaware

River;

(iii) Operate at a minimum no wake

speed sufficient to maintain steerage

while Tug PURPLE HAYS is moored at

Hay’s Tug and Launch, Chester, PA;

(iv) Proceed as directed or stop the

vessel immediately when directed to do

so by the Captain of the Port or by his

designated representative.

(d) Designated COTP Representative:

The designated representative of the

Captain of the Port is any Coast Guard

commissioned, warrant, or petty officer

who has been authorized by the Captain

of the Port, Philadelphia, Pennsylvania

to act on his behalf. The designated

representative enforcing the safety zone

may be contacted on VHF channels 13

& 16. The Captain of the Port of

Philadelphia and the Command Duty

Officer at the Marine Safety Office,

Philadelphia, may be contacted at

telephone number (215) 271–4940.
67332 Federal Register / Vol. 60, No. 250 / Friday, December 29, 1995 / Rules and Regulations

Dated: December 15, 1995.

John E. Veentjer,

Captain U.S. Coast Guard, Captain of the

Port, Philadelphia, PA.

[FR Doc. 95–31374 Filed 12–28–95; 8:45 am]

BILLING CODE 4910–14–M

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 63

[IB Docket No. 95–22, FCC 95–475]

Market Entry and Regulation of

Foreign-affiliated Entities

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This Report and Order

contains information collections subject

to the Paperwork Reduction Act of 1995

(PRA). It has been submitted to the

Office of Management and Budget

(OMB) for review under section 3507(d)

of the PRA, OMB, the general public,

and other Federal agencies are invited to

comment on the information collections

contained in this proceeding

On November 28, 1995, the Federal

Communications Commission adopted a

Report and Order in response to a

Notice of Proposed Rulemaking which

the Commission adopted on February 7,

1995, that establishes a market entry

standard for foreign carriers seeking to

provide basic international

telecommunications services under

section 214 of the Communications Act

of 1934, a amended (‘‘the Act’’). The

Report and Order also establishes a

standard by which the Commission will

review whether it is in the public

interest to permit foreign investment in

licensees of common carrier radio

facilities in excess of the benchmarks

contained in section 310(b)(4) of the

Act. The Report and Order was adopted.

The Report and Order makes additional

changes to the Commission’s regulations

of international common carriers.

In reviewing applicants for

international section 214 authority filed

by a foreign carrier or its U.S. affiliate

(collectively ‘‘foreign carrier’’), the

Commission will examine, as an

important part of its public interest

analysis, whether competitive

opportunities exist for U.S. carriers in

destination markets in which the foreign

carrier has market power. The

Commission will apply a similar

analysis in reviewing indirect foreign

investment in licensees of common

carrier radio facilities under section

310(b)(4), but it will limit its review to

the ‘‘home market’’ of the foreign

investor. In addition to considering

effective competitive opportunities, the

Commission will examine additional

public interest factors that might weigh

in favor of, or against, approving the

foreign carrier’s international section

214 application, or permitting the

indirect foreign investment in a

common carrier radio licensee to exceed

the section 310(b)(4) benchmark.

In taking this action, the

Commission’s primary goal is to

advance the public interest by

promoting effective competition in the

U.S. telecommunications services

market, particularly the market for

international services. The action also

reaffirms the Commission’s goals to

prevent anticompetitive conduct in the

provisions of international services or

facilities, and to encourage foreign

governments to open their

communications markets.

EFFECTIVE DATE: The rules adopted in

this Report and Order will become

effective January 29, 1996. However, if

OMB has not approved the information

collections contained in these rules by

this date, the Commission will publish

a document to delay the effective date

of these rules.

Written comments by the public on

the information collections are due

January 10, 1996.

ADDRESSES: Submit all comments

concerning the Paperwork Reduction

Act to Dorothy Conway, Federal

Communications Commission, Room

234, 1919 M Street, NW., Washington,

DC 20554, or via the Internet to

dconway@fcc. gov, and to Timothy Fain,

OMB Desk Officer, 10236 NEOB, 725–

17th Street, NW., Washington, DC 20503

or via the Internet to fain—t@al.eop.gov.

FOR FURTHER INFORMATION CONTACT: For

additional information concerning the

information collections contained in

this Report and Order contact Dorothy

Conway at 202–418–0217, or via the

Internet as dconway@fcc.gov.

For further information on the Report

and Order contact: Susan O’Connell,

Attorney, International Bureau, (202)

418–1484, Ken Schagrin, Attorney,

International Bureau, (202) 418–1407, or

Robert McDonald, Attorney,

International Bureau, (202) 418–1467.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Report

and Order adopted on November 28,

1995, and released November 30, 1995

(FCC 95–475). The full text of this

Report and Order is available for

inspection and copying during normal

hours in the FCC Reference Center

(Room 239), 1919 M St., NW.,

Washington, DC. The complete text also

may be purchased from the

Commission’s Copy contractor,

International Transcription Service,

Inc., (202) 857–3800, 2100 M Street,

NW., Suite 140, Washington, DC 20037

Paperwork Reduction Act

The Commission, as part of its

continuing effort to reduce paperwork

burdens, invites the general public and

the Office of Management and Budget

(OMB) to comment on the information

collections contained in this Report and

Order. Comments should address: (a)

Whether the collection of information is

necessary for the proper performance of

the functions of the Commission,

including whether the information shall

have practical utility; (b) the accuracy of

the Commission’s burden estimates; (c)

ways to enhance the quality, utility, and

clarity of the information collected; and

(d) ways to minimize the burden of the

collection of information on the

respondents, including the use of

automated collection techniques or

other forms of information technology.

This Report and Order contains

information collection requirements.

Written comments by the public on the

information collections are due January

10, 1996. Written comments must be

submitted by OMB on the information

collections on or before January 15,

1996.

OMB Approval Number: New

Collection.

Title: Market Entry and Regulation of

Foreign-affiliated Carriers.

Type of Review: New collection.

Respondents: Business or other forprofit.

Number of Respondents: 431 per year.

Estimated Time Per Response: 9.5

hours.

Total Annual Burden: 4127 hours.

Needs and Uses: The collections of

information for which approval is here

sought are contained in amendments to

part 63 and in the Report and Order

adopting such amendments. These

information collections are authorized

and necessary for the Commission to

carry out its statutory mandate,

pursuant to sections 4, 214, 219, 303(r)

and 403 of the Communications Act, 47

U.S.C. 154, 214, 219, 303(r) and 403.

The information collections contained

in amendments to §§ 63.01 (r) and (s)

and 63.11 and 63.17(b)(4) of the

Commission’s rules are necessary to

determine whether, and under what

conditions, the public interest,

convenience, and necessity will be

served by authorizing particular foreign

carriers, or their U.S. affiliates, to

provide international common carrier

services between the United States and

countries where these foreign carriers

have market power, i.e., the ability to