Federal Register / Vol. 60, No. 51 / Thursday, March 16, 1995 / Proposed Rules 14241

under the criteria of the Regulatory

Flexibility Act.

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference,

Navigation (air).

The Proposed Amendment

In consideration of the foregoing, the

Federal Aviation Administration

proposes to amend 14 CFR part 71 as

follows:

PART 71—[AMENDED]

1. The authority citation for 14 CFR

part 71 continues to read as follows:

Authority: 49 U.S.C. app. 1348(a), 1354(a),

1510; E.O. 10854, 24 FR 9565, 3 CFR, 1959–

1963 Comp., 389; 49 U.S.C. 106(g); 14 CFR

11.69.

§ 71.1 [Amended]

2. The incorporation by reference in

14 CFR 71.1 of the Federal Aviation

Administration Order 7400.9B, Airspace

Designations and Reporting Points,

dated July 18, 1994, and effective

September 16, 1994, is amended as

follows:

Paragraph 5000 Class D Airspace

* * * * *

ANM UT D Ogden-Hinckley Airport, UT

[Revised]

Ogden-Hickley Airport, UT

(Lat. 41°11′46′′ N, long. 112°00′44′′ W)

Ogden, Hill AFB, UT

(Lat. 41°07′25′′ N, long. 111°58′23′′ W)

That airspace extending upward from the

surface up to, but not including, 7,800 feet

MSL within a 4.3-mile radius of the OgdenHinkley Airport, excluding the portion south

of a line beginning east of the airport at the

intersection of the 4.3-mile radius of the

Ogden-Hinckley Airport and the 4.3-mile

radius of the Hill AFB, extending west to the

intersection of the 4.3-mile radius of the

Ogden-Hinckley and the 4.3-mile radius of

the Hill AFB. This Class D airspace area is

effective during the specific dates and times

established in advance by a Notice to

Airmen. The effective date and time will

thereafter be published in the Airport/

Facility Directory.

* * * * *

Issued in Seattle, Washington, on March 6,

1995.

Richard E. Prang,

Acting Manager, Air Traffic Division,

Northwest Mountain Region

[FR Doc. 95–6513 Filed 3–15–95; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

15 CFR Part 944

Restricting or Prohibiting Attracting

Sharks by Chum or Other Means in the

Monterey Bay National Marine

Sanctuary; Public Hearing

AGENCY: Sanctuaries and Reserves

Division (SRD), Office of Ocean and

Coastal Resource Management (OCRM),

National Ocean Service (NOS), National

Oceanic and Atmospheric

Administration (NOAA), Department of

Commerce.

ACTION: Notice of public hearing.

SUMMARY: The National Oceanic and

Atmospheric’s Sanctuaries and Reserves

Division (SRD) is considering amending

the regulations for the Monterey Bay

National Marine Sanctuary (MBNMS or

Sanctuary) to restrict or prohibit the

attracting of sharks by the use of chum

or other means in the MBNMS. An

advance notice of proposed rulemaking

published February 28, 1995 (60 FR

10812) discussed the reasons SRD is

considering restricting or prohibiting

this activity in the MBNMS. A 30-day

comment period closes on March 30,

1995. A public hearing has been

scheduled to assist in maximizing

public comment on this issue.

Individuals wishing to make a statement

will be required to sign up at the door

and will be limited to three minutes.

DATES: The hearing will be held on

Wednesday, March 22, 1995, starting at

7:00 p.m.

ADDRESSES: The hearing will be held at

the Cabrillo College, 500 Building,

Room 507, 6500 Soquel Drive, Aptos,

California, 95003.

FOR FURTHER INFORMATION CONTACT:

Aaron King at (408) 647–4257 or

Elizabeth Moore at (301) 713–3141.

(Federal Domestic Assistance Catalog

Number 11.429, Marine Sanctuary Program)

Dated: March 13, 1995.

W. Stanley Wilson,

Assistant Administrator for Ocean Services

and Coastal Zone Management.

[FR Doc. 95–6642 Filed 3–15–95; 8:45 am]

BILLING CODE 3510–08–M

RAILROAD RETIREMENT BOARD

20 CFR Part 335

RIN: 3220–AB11

Sickness Benefits

AGENCY: Railroad Retirement Board.

ACTION: Proposed rule.

SUMMARY: The Railroad Retirement

Board (Board) hereby proposes to

amend its regulations under the

Railroad Unemployment Insurance Act

(RUIA) to permit a ‘‘physician assistantcertified’’ to execute a statement of

sickness in support of payments of

sickness benefits under the RUIA. The

proposed rule would also eliminate

certain obsolete language.

DATES: Comments must be submitted on

or before April 17, 1995.

ADDRESSES: Secretary to the Board,

Railroad Retirement Board, 844 Rush

Street, Chicago, Illinois 60611.

FOR FURTHER INFORMATION CONTACT:

Thomas W. Sadler, Assistant General

Counsel, Railroad Retirement Board,

844 Rush Street, Chicago, Illinois 60611,

(312) 751–4513, TDD (312) 751–4701,

TDD (FTS (312) 386–4701).

SUPPLEMENTARY INFORMATION: Section

335.2(a)(2) provides that in order to be

entitled to sickness benefits under the

RUIA, a claimant must provide a

‘‘statement of sickness’’. Section

335.3(a) of the Board’s regulations lists

the individuals from whom the Board

will accept a statement of sickness. That

list does not currently include physician

assistants. In many parts of the country,

physician assistants are more accessible

(and their services less expensive) than

licensed medical doctors (MD’s). Under

present regulations, the Board will not

accept a statement of sickness or

supplemental statement of sickness

from a physician assistant unless there

is some followup verification that the

physician assistant completed the

statement under the supervision of an

MD. This is administratively costly and

in many cases unnecessarily delays

payment of sickness benefits. Thus, the

Board proposes to add ‘‘physician

assistant-certified’’ to its list of

individuals from whom it will accept a

statement of sickness.

The Board also proposes to amend

section 335.4(d)(5) of its regulations by

deleting the first sentence of paragraph

(d)(5), which relates to the filing of a

statement of sickness by a female

employee whose claim for sickness

benefits is based upon pregnancy,

miscarriage or childbirth. The special

form required by paragraph (d)(5) is no

longer used, since, for purposes of filing

for sickness benefits, a distinction is no

longer made between pregnancy,

miscarriage or childbirth and other

illnesses.

The Board has determined that this is

not a major rule for purposes of

Executive Order 12866. Therefore, no

regulatory analysis is required. The
14242 Federal Register / Vol. 60, No. 51 / Thursday, March 16, 1995 / Proposed Rules

information collections contemplated by

this part have been approved by the

Office of Management and Budget under

control number 3220–0039.

List of Subjects in 20 CFR Part 335

Railroad employees, Railroad sickness

benefits.

For the reasons set out in the

preamble, title 20, chapter II of the Code

of Federal Regulations is amended as

follows:

PART 335—SICKNESS BENEFITS

1. The authority citation for part 335

continues to read as follows:

Authority: 45 U.S.C. 362(i) and 362(l).

2. Section 335.3(a) is amended by

removing ‘‘or’’ at the end of paragraph

(a)(6) of this section, by replacing the

period at the end of paragraph (a)(7) of

this section with ‘‘; or’’, and by adding

a new paragraph (a)(8) to read as

follows:

§ 335.3 Execution of statement of sickness

and supplemental doctor’s statement.

(a) Who may execute. * * *

* * * * *

(8) A physician assistant-certified

(PAC)

* * * * *

§ 335.4 [Amended]

3. Section 335.4(d)(5) is amended by

removing the first sentence of section

335.4(d)(5).

Dated: March 7, 1995.

By Authority of the Board.

Beatrice Ezerski,

Secretary to the Board.

[FR Doc. 95–6491 Filed 3–15–95; 8:45 am]

BILLING CODE 7905–01–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01–95–023]

RIN 2115–AA97

Safety Zone: USS AMERICA, Fleet

Week ’95, Port of New York and New

Jersey

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard proposes to

establish a temporary safety zone on

May 24, 1995, and May 31, 1995, for the

arrival and departure of the USS

AMERICA for Fleet Week ’95. This

moving safety zone would be

established 500 yards fore and aft, and

200 yards on each side of the USS

AMERICA as it transits the Port of New

York and New Jersey between Ambrose

Channel Lighted Whistle Buoy ‘‘A’’ and

its berth.

DATES: Comments must be received on

or before April 17, 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 Maritime Planning Staff, Bldg.

108, between 8 a.m. and 4 p.m., Monday

through Friday, except Federal holidays.

Any person wishing to visit the office

must contact the Maritime Planning

Staff 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 (Junior Grade) K. Messenger,

Maritime Planning Staff Chief, Coast

Guard Group, 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

unnecessary and contrary to the public

interest. Any delay in publishing a final

rule would effectively cancel this event.

Persons submitting comments should

include their names and addresses,

identify this notice (CGD01–95–023)

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 Project Manager 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 LTJG K.

Messenger, Project Manager, Coast

Guard Group New York and LCDR J.

Stieb, Project Attorney, First Coast

Guard District, Legal Office.

Background and Purpose

The Intrepid Museum Foundation is

sponsoring Fleet Week ’95. The USS

AMERICA has been designated as the

Fleet Week Flagship and will be

entering the Port of New York and New

Jersey on May 24, 1995, to participate in

the various activities associated with

this celebration. USS AMERICA intends

to depart the Port of New York and New

Jersey following the completion of Fleet

Week on May 31, 1995. This regulation

would be effective during the arrival

and departure of the USS AMERICA on

May 24, 1995, from 9:15 a.m. until 3

p.m., and on May 31, 1995, from 7:30

a.m. until 1 p.m. unless extended or

terminated sooner by the Coast Guard

Captain of the Port, New York. The

regulation would establish a moving

safety zone within 500 yards fore and aft

and 200 yards to each side of the USS

AMERICA, as it transits the Port of New

York and New Jersey between Ambrose

Channel Lighted Whistle Buoy ‘‘A’’, at

or near 40°28.8′ N. latitude, 73°53.7′ W.

longitude, and its berth. The exact

berthing location is unknown at this

time. It will be announced in the final

rule and will broadcast via Marine

Information Broadcast with the

announcement of the effective date and

time of the safety zone. No vessels will

be permitted to enter or move within

this moving safety zone unless

authorized by the Captain of the Port,

New York.

This regulation is needed to protect

the maritime public from possible

hazards to navigation associated with a

large naval vessel transiting the Port of

New York and New Jersey with limited

maneuverability in restricted waters,

and requiring a clear traffic lane in order

to safely navigate to and from its berth.

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 the

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

10(e) of the regulatory policies and

procedures of DOT is unnecessary. This

moving safety zone would prevent

vessels from transiting portions of the