Federal Register / Vol. 60, No. 55 / Wednesday, March 22, 1995 / Proposed Rules 15101

ground support equipment. Refueling

equipment from BIA will be prepositioned at

WAFB on the alert ramp. The Air Force shall

not be responsible for any damage or loss to

such equipment, and BIA expressly assumes

all risks of any such loss or damage and

agrees to indemnify and hold the United

States harmless against any such damage or

loss. No routine aircraft maintenance will be

accomplished at WAFB. Emergency repairs

and or maintenance are only authorized to

avoid extended parking and storage of civil

aircraft at WAFB.

Customs and Security

The installation commander will exercise

administrative and security control over both

the aircraft and passengers on WAFB.

Customs officials will be transported to and

from the base by air carrier representatives.

The installation commander will cooperate

with customer, health, and other public

officials to expedite arrival and departure of

the aircraft. Air carrier representatives will

notify the WAFB Airfield Manager, in

advance, of armed security or law

enforcement officers arriving or departing on

a flight. BIA officials and air carrier

representatives must provide the WAFB

Airfield Manager a list of employees,

contractors, and vehicles requiring flightline

access. Temporary passes will be issued to

authorized individuals and vehicles.

Fire, Crash, and Rescue Services

BIA will provide technical information and

training for WAFB Fire Department

personnel prior to (date). Fire, Crash, and

Rescue Services will be provided in an

emergency, but fire trucks will not routinely

park on the flightline for aircraft arrivals and

departures. BIA will reimburse WAFB for all

such services.

Liability and Indemnification

The Air Force shall not be responsible for

damages to property or injuries to persons

which may arise from or be incident to the

use of WAFB by BIA under this Agreement,

or for damages to the property of BIA or

injuries to the person of BIA’s officers,

agents, servants, employees, or invitees. BIA

agrees to assume all risks of loss or damage

to property and injury or death to persons by

reason of or incident to the use of WAFB

under this Agreement and expressly waives

any and all claims against the United States

for any such loss, damage, personal injury, or

death caused by or occurring as a

consequence of such use. BIA further agrees

to indemnify, save, and hold the United

States, its officers, agents, and employees

harmless from and against all claims,

demands, or actions, liabilities, judgments,

costs, and attorneys fees, arising out of,

claimed on account of, or in any manner

predicated upon personal injury, death or

property damage resulting from, related to,

caused by, or arising out of the use of WAFB

under this Agreement.

Fees

Landing and parking fees will be charged

in accordance with to AFI 10–1001, Civil

Aircraft Landing Permits. Charges will be

made in accordance with the appropriate Air

Force Instructions for any services or

supplies required from WAFB. The WAFB

Airfield Manager will be responsible for

consolidating all charges which will be billed

to BIA not later than (date) by the Accounting

and Finance Office.

In Witness Whereof, the respective duly

authorized representatives of the parties

hereto have executed this Agreement on the

date set forth below opposite their respective

signatures.

lllllllllllllllllllll

BIA Representative

(Name and Title)

Date llllllllllllllllll

lllllllllllllllllllll

WAFB Representative

(Name and Title)

Date llllllllllllllllll

Patsy J. Conner,

Air Force Federal Register Liaison Officer.

[FR Doc. 95–6888 Filed 3–21–95; 8:45 am]

BILLING CODE 3910–01–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01–95–003]

RIN 2115–AA97

Safety Zone: Heritage of Pride

Fireworks Display, Hudson River, New

York

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard proposes to

establish a permanent safety zone for

the annual Heritage of Pride fireworks

display located in the Hudson River,

New York. This safety zone would in

effect annually on the last Sunday in

June from 9:30 p.m. until 11:30 p.m,

unless extended or terminated sooner by

the Captain of the Port, New York. The

safety zone would close all waters of the

Hudson River within a 300 yard radius

from the center of the fireworks

platform located 330 yards off the

Manhattan pierhead line between Pier

45 and Pier 49.

DATES: Comments must be received on

or before May 22, 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 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, 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.

Persons submitting comments should

include their names and addresses,

identify this notice (CGD01–95–003)

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 Maritime Planning Staff 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, Captain of

the Port, New York and LCDR J. Stieb,

Project Attorney, First Coast Guard

District, Legal Office.

Background and Purpose

For the last several years, Heritage of

Pride Inc., has submitted an Application

for Approval of Marine Event for a

fireworks program in the waters of the

Hudson River. This regulation would

establish a safety zone in the waters of

the Hudson River on the last Sunday in

June from 9:30 p.m. until 11:30 p.m.,

unless extended or terminated sooner by

the Captain of the Port New York. This

safety zone would preclude all vessels

from transiting within a 300 yard radius

of the fireworks platform anchored 330

yards off the Manhattan pierhead line

between Pier 45 and Pier 49. It is

needed to protect mariners from the

hazards associated with fireworks

exploding in the area.

This permanent regulation would

provide notice to mariners that this

event occurs annually at the same

location, on the same day and time,

allowing them to plan transits

accordingly. This regulation will be

announced annually via Safety marine
15102 Federal Register / Vol. 60, No. 55 / Wednesday, March 22, 1995 / Proposed Rules

Information Broadcasters and by locally

issued notices.

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 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

safety zone would close a portion of the

Hudson River to all vessel traffic

annually on the last Sunday in June

between 9:30 p.m. and 11:30 p.m.,

unless extended or terminated sooner by

the Captain of the Port New York.

Although this regulation would prevent

traffic from transiting this area, the

effect of this regulation would not be

significant for several reasons. Due to

the limited duration of the event; the

late hour of the event; the extensive,

advance advisories that will be made;

that traffic can safely transit to the west

of this safety zone; and that this event

has been held annually for the past

several years without incident or

complaint, the Coast guard expects the

economic impact of this regulation 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 Cost 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 set forth in the

above 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,

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. Section 165.170 is added to read as

follows:

§ 165.170 Safety Zone; Heritage of Pride

Fireworks Display, Hudson River, New York.

(a) Location. All waters south of the

Hudson River within a 300 yard radius

from the center of a fireworks platform

anchored 330 yards off the Manhattan

pierhead line between Pier 45 and Pier

49.

(b) Effective period. This section is in

effect annually on the last Sunday in

June from 9:30 p.m. until 11:30 p.m.,

unless extended or terminated sooner by

the Captain of the Port, New York. The

effective period will be announced

annually via Safety Marine Information

Broadcasts and locally issued notices.

(c) Regulations.

(1) The general regulations contained

in 33 CFR 165.23 apply.

(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 8, 1995.

T.H. Gilmour,

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

Port, New York.

[FR Doc. 95–6949 Filed 3–21–95; 8:45 am]

BILLING CODE 4910–14–M

33 CFR Part 165

[CGD01–95–012]

RIN 2115–AA97

Safety Zone: Annual Burlington

Independence Day Celebration

Fireworks Display, Burlington Bay,

Vermont

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard proposes to

establish a permanent safety zone for

the annual Burlington Independence

Day Celebration fireworks display

located in Burlington Bay, Burlington,

Vermont. The safety zone would be in

effect annually on the third of July from

7:45 p.m. until 10:15 p.m., unless

extended or terminated sooner by the

Captain of the Port, New York. The

proposed safety zone would close all

waters of Burlington Bay within a 250

yard radius from the center of the

fireworks platform located

approximately 250 yards off of

Burlington, Vermont, at or near

44°29′33′′ N latitude and 073°13′33′′ W

longitude.

DATES: Comments must be received on

or before May 22, 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 8:00 a.m. and 4:00 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.