10312 Federal Register / Vol. 60, No. 37 / Friday, February 24, 1995 / Rules and Regulations

a substantial number of small entities.

As stated above, the Department

believes that the amendment would

create a slight economic benefit for

parties in fitness cases.

Executive Order 12612 (Federalism)

This rule has been analyzed in

accordance with the principles and

criteria contained in Executive Order

12612. The Department has determined

that the rule does not have sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

This rule would not have a substantial

direct effect on the States, on the

relationship between the national

government and the States, or on the

distribution of power and

responsibilities among the various

levels of government.

National Environmental Policy Act

The Department has also analyzed

this rule for the purpose of the National

Environmental Policy Act. The rule

would not have any significant impact

on the quality of the human

environment.

Paperwork Reduction Act

There are no reporting or

recordkeeping requirements associated

with this rule.

List of Subjects

14 CFR Part 300

Administrative practice and

procedure, Conflict of interests.

14 CFR Part 385

Organization and functions

(Government agencies).

For the reasons set out in the

Supplementary Information, title 14,

chapter II of the Code of Federal

Regulations is amended as follows:

PART 300—[AMENDED]

1. The authority citation for part 300

is revised to read as follows:

Authority: 49 U.S.C. subtitle I and chapters

401, 411, 413, 415, 417, 419, 421, 449, 461,

463, and 465.

2. Section 300.2 is amended by

adding new paragraph (c)(10) to read as

follows:

§ 300.2 Prohibited communications.

* * * * *

(c) * * *

(10) Information given at the request

of a DOT career employee in the course

of investigating or clarifying information

filed, or pursuant to a waiver granted to

an applicant or other interested person,

in docketed proceedings involving

determinations of fitness and/or U.S.

citizenship only, for that portion of the

proceeding that precedes the issuance of

a show-cause order or an order

instituting a formal proceeding. Motions

for such waivers and any answers shall

be filed in the applicable docket in

accordance with § 302.18 of the

Department’s Procedural Regulations

(14 CFR 302.18) and served upon all

parties to the proceeding.

* * * * *

PART 385—[AMENDED]

3. The authority citation for part 385

is revised to read as follows:

Authority: 49 U.S.C. chapters 401, 411,

413, 415, 417, and 419.

4. Section 385.14 is amended by

adding new paragraph (p) to read as

follows:

§ 385.14 Authority of the Director, Office of

Aviation Analysis.

* * * * *

(p) Approve or deny requests for

waivers from 14 CFR 300.2(a) in

docketed air carrier initial certificate

application and continuing fitness

proceedings.

* * * * *

Issued in Washington, DC, on February 16,

1995.

Patrick V. Murphy,

Acting Assistant Secretary for Aviation and

International Affairs.

[FR Doc. 95–4328 Filed 2–23–95; 8:45 am]

BILLING CODE 4910–62–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

15 CFR Part 943

[Docket 950207042–5042–01]

RIN 0648–AB49

Flower Garden Banks National Marine

Sanctuary Regulations

AGENCY: Office of Ocean and Coastal

Resource Management (OCRM),

National Ocean Service (NOS), National

Oceanic and Atmospheric

Administration (NOAA), Department of

Commerce (DOC).

ACTION: Final rule.

SUMMARY: This document adopts as final

regulations without change the interim

final portion of regulations

implementing the designation of the

Flower Garden Banks National Marine

Sanctuary, published on December 5,

1991 (56 FR 63634).

EFFECTIVE DATE: March 27, 1995.

FOR FURTHER INFORMATION CONTACT:

Edward Lindelof, Gulf and Caribbean

Regional Manager, Sanctuaries and

Reserves Division, Office of Ocean and

Coastal Resource Management, National

Ocean Service, National Oceanic and

Atmospheric Administration, 1305 East

West Highway, SSMC–4, Silver Spring,

MD 20910 (301/713–3137).

SUPPLEMENTARY INFORMATION: Section

101 of P.L. 102–251, signed into law on

March 9, 1992, provides that the

designation of the Flower Garden Banks

National Marine Sanctuary took effect

on January 17, 1992. Both final and

interim final regulations implementing

the designation were published on

December 5, 1991 (56 FR 63634); NOAA

invited comments on the interim final

regulations to be submitted in writing

on or before February 3, 1992. NOAA

received one comment, which is

discussed below under Background. The

comment results in no change.

Accordingly, the interim final portions

of 15 CFR part 943 (§ 943.3(a)(5), (6), (7),

(9), (12), (14), and (15), § 943.5 (a)(1),

(11) (12) (13), and (e), and § 943.6,

published at 56 FR 63634, December 5,

1991) are adopted as final regulations

without change.

I. Background

As indicated above, NOAA invited

comments on the interim final

regulations to be considered if

submitted in writing on or before

February 3, 1992. The following

comment was received by NOAA in

response to the interim final regulations

prohibiting exploring for, developing or

producing oil, gas or minerals within a

no-activity zone (15 CFR § 943.5(a)(1)).

(1) Comment: The commenter

recommends that the prohibition against

exploring for, developing or producing

oil, gas or minerals within a no-activity

zone not apply to geophysical surveys

and seismic exploration.

Response: The prohibition against

exploring for, developing or producing

oil, gas or minerals within a no-activity

zone does not apply to geophysical

surveys and seismic exploration.

However, seismic techniques involving

possessing or using explosives, or

releasing electrical discharges, are

prohibited in the Sanctuary by

regulation 15 CFR § 943.5(a)(14).

The use of air guns involved in

seismic surveys in the Flower Garden

Banks National Marine Sanctuary has

been listed for possible regulation, so

that if the use of air guns in seismic

surveys is later demonstrated to have an

adverse impact on Sanctuary resources,

additional regulations can be proposed.

If such regulations are eventually

proposed, the public will have an
Federal Register / Vol. 60, No. 37 / Friday, February 24, 1995 / Rules and Regulations 10313

opportunity to comment on them at that

time.

Because air gun use in seismic

operations may cause short-term

behavioral changes in marine organisms

(especially sharks and rays which

school in the Sanctuary), and interfere

with recreational diving, NOAA will

seek additional information on these

effects, and also identify time periods

when air gun operations will have the

least potential for impacts on Sanctuary

resources and recreational divers.

Because air gun operations may result in

accidental loss of mooring buoys at the

Sanctuary site, NOAA has requested

that the Minerals Management Service

require seismic surveyors to:

—Remove mooring buoys immediately

before, and replace immediately after,

a seismic survey is run through the

Sanctuary;

—Announce the time that the mooring

buoys will not be available in a Notice

to Mariners.

II. Miscellaneous Rulemaking

Requirements

The information in the December 5,

1991, Federal Register document

addressing miscellaneous rulemaking

requirements has not changed. There are

no additional collection of information

requirements.

Federal Domestic Assistance Catalog Number

11.429 Marine Sanctuary Program.

Dated: February 15, 1995.

W. Stanley Wilson,

Assistant Administrator for Ocean Services

and Coastal Zone Management.

PART 943—FLOWER GARDENS

BANKS NATIONAL MARINE

SANCTUARY

Accordingly, the interim final rule

portion of 15 CFR part 943, which was

published at 56 FR 63634 on December

5, 1991, is adopted as a final rule

without change.

[FR Doc. 95–4534 Filed 2–23–95; 8:45 am]

BILLING CODE 3510–08–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD08–94–019]

RIN 2115–AE46

Annual Marine Events Within the

Eighth Coast Guard District

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: This rule establishes

permanent special local regulations for

the annual marine events within the

Eighth Coast Guard District. This, in

turn, reduces the number of annual

requests for temporary final rules for

regattas and marine parades by

codifying these marine events in the

Code of Federal Regulation. These

regulations are needed to provide for the

safety of life, limb, and property on the

navigable waters during these events.

EFFECTIVE DATE: March 27, 1995.

ADDRESSES: Unless otherwise indicated,

documents referred to in this preamble

are available for inspection or copying

at the office of Commander, Eighth

Coast Guard District (dl), 501 Magazine

St., room 1311 (Hale Boggs Federal

Building), New Orleans, Louisiana

70130–3396 between 8:00 a.m. and 3:30

p.m., Monday through Friday, except

Federal holidays. The telephone number

is (504) 589–6188.

FOR FURTHER INFORMATION CONTACT:

LT C.D. Michel, Eighth Coast Guard

District Legal Office, at Hale Boggs

Federal Building, 501 Magazine, room

1311, New Orleans, Louisiana 70118.

Telephone: (504) 589–6188.

SUPPLEMENTARY INFORMATION:

Drafting Information

The principal persons involved in

drafting this document are LCDR T.P.

Marian, Project Manager, and LT C.D.

Michel, Project Counsel, Eighth Coast

Guard District Legal Office.

Regulatory History

On September 7, 1994, the Coast

Guard published a notice of proposed

rulemaking entitled Annual Marine

Events within the Eighth Coast Guard

District in the Federal Register (59 FR

172). The Coast Guard received 1 (one)

letter commenting on this proposal. No

public hearing was requested, and none

was held.

Background and Purpose

Currently, Coast Guard units

responsible for overseeing the safety of

marine events prepare temporary rules

each year for each event. This rule

eliminates the need to prepare annual

temporary final rules for those annual

marine events that have few or no

changes from year to year. This

streamlines the marine event process for

those regattas and marine events that

have very little annual variation and

would significantly reduce the Coast

Guard’s administrative burden for

managing these type events.

Table 1 delineates the events, their

sponsors, dates, and locations. Each

event occurs annually on or about the

date given. The course will be patrolled

by patrol vessels. While viewing the

event at any point outside the regulated

area is not prohibited, spectators will be

encouraged to congregate within areas

designated by the sponsor. Nonparticipating vessels will be permitted

to transit the area at NO WAKE SPEED

at the discretion of the Coast Guard

Patrol Commander.

Discussion of Comments and Changes

One comment was received from

Commanding Officer, U.S. Coast Guard

Marine Safety Office Morgan City. This

comment referred to Table 1 of the

proposed rulemaking and noted that the

Louisiana Shrimp and Petroleum

Festival also included an evening

fireworks display.

The fireworks are launched from a

barge stationed in Berwick Bay between

the railroad and highway bridges.

Commanding Officer, U.S. Coast Guard

Marine Safety Office Morgan City

requested that this event be amended to

reflect the existence of a fireworks

display by changing the marine event’s

title from, ‘‘The Blessing of the Fleet’’

to, ‘‘The Blessing of the Fleet and

Fireworks Display.’’ Since the fireworks

display takes place after sunset

Commanding Officer, U.S. Coast Guard

Marine Safety Office Morgan City also

requested changing the duration of this

event from, ‘‘8:30 a.m. through 1 p.m’’

to, ‘‘8:30 p.m. through 1 p.m., and 9

p.m. through 10 p.m.’’

Implementing these requested

changes will not have any significant

impact upon the public. The notice of

proposed rulemaking had included a

fireworks display and no comments

were received on that event.

Furthermore, this specific change does

not pertain to the regulations that were

specified in the notice to proposed

rulemaking but is limited rather to the

title and the duration of the marine

event.

The change to Table 1 of this rule is

limited in nature and provides for one

additional hour of oversight by the

Coast Guard in the interest of public

safety. Therefore, Table 1 will be

amended to reflect the information

provided by Commanding Officer, U.S.

Coast Guard Marine Safety Office

Morgan City.

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 not been reviewed by the

Office of Management and Budget under

that order. It is not significant under the