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
Federal Register / Vol. 60, No. 51 / Thursday, March 16, 1995 / Proposed Rules 14243

Port of New York and New Jersey 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. Although

there is a regular flow of traffic through

this area, there is not likely to be a

significant impact on recreational or

commercial traffic for several reasons.

Due to the moving nature of the safety

zone, no single location would be

affected for a prolonged period of time.

This safety zone prevents vessels from

approaching within 500 yards fore and

aft and 200 yards on either side of the

aircraft carrier USS AMERICA. These

distances are less than the typical safe

passage distances normally required for

large vessels and aircraft carriers.

Additionally, recreational traffic can

transit on either side of the safety zone

on most major waterbodies and

waterways within the Port. Alternate

routes are also available to commercial

and recreational vessels traffic that can

safely transit the Harlem and East

Rivers, Kill Van Kull, Arthur Kill, and

Buttermilk Channel. Similar safety

zones have been established for arrivals

and departures of large naval vessels

with minimal or no disruption to vessel

traffic or other interests in the port. In

addition extensive, advance advisories

will be made to the maritime

community so that they can adjust their

plans accordingly. For all the above

reasons, the Coast Guard expects the

economic impact of this proposal 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 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 field and that otherwise qualify

as ‘‘small business concerns’’ under

Section 3 of the Small Business Act (15

U.S.C. 632).

For reasons given in the Regulatory

Evaluation, the Coast Guard expects the

impact of this proposal to be minimal.

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).

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 proposal 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 proposal

and concluded that under section

2.B.2.e. of Commandant Instruction

M16475.1B, it is categorically excluded

from further environmental

documentation. A Categorical Exclusion

Determination is included in the docket.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and recordkeeping

requirements, Security measures,

Vessels, Waterways.

Proposed Regulations

For reasons set out in the preamble,

the Coast Guard proposes to amend 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.T01–023

is added to read as follows:

§ 165.T01–023 USS AMERICA, Fleet Week

’95, Port of New York and New Jersey.

(a) Location. This moving safety zone

includes all waters 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.

(b) Effective period. This section is

effective 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

Captain of the Port, New York.

(c) Regulations. (1) general regulations

contained in 33 CFR 165.23 apply to

this safety zone.

(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.

Dated: March 9, 1995.

T.H. Gilmour,

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

Port, New York.

[FR Doc. 95–6430 Filed 3–15–95; 8:45 am]

BILLING CODE 4910–14–M

33 CFR Part 165

[CGD01–95–004]

RIN 2115–AA97

Safety Zone: Annual South Street

Seaport Memorial Day Fireworks, East

River, NY

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard proposes to

establish a permanent safety zone for

the annual South Street Seaport

Memorial Day Fireworks display located

in the East River, New York. The safety

zone would be in effect annually on the

Sunday before Memorial Day from 8

p.m. until 10 p.m., unless extended or

terminated sooner by the Captain of the

Port, New York. The proposed safety

zone would close all waters of the East

River south of the Brooklyn Bridge and

north of a line drawn from Pier 9,

Manhattan to Pier 3, Brooklyn.

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