15736 Federal Register / Vol. 60, No. 58 / Monday, March 27, 1995 / Proposed Rules

(c) The Captain of the Port or the

District Commander may deny approval

for operations under paragraph (b) of

this section if it appears that the design

and operating characteristics of the

vessels in question are not safe for the

designated waterways, or if it appears

that operations under this special rule

have become unsafe for any reason.

(d) Temporary speed limits. The

District Commander may temporarily

establish speed limits or temporarily

amend existing speed limit regulations

on the waters described in § 162.130(a).

Dated: March 1, 1995.

Rudy K. Peschel,

Rear Admiral, U.S. Coast Guard Commander,

Ninth District Guard District.

[FR Doc. 95–7370 Filed 3–24–95; 8:45 am]

BILLING CODE 4910–14–M

33 CFR Part 165

[CGD01–95–026]

RIN 2115–AA97

Safety Zone: Brick Founder’s Day

Fireworks, Metedeconk River, Brick,

New Jersey

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard proposes to

establish a safety zone for the Brick

Founder’s Day fireworks display located

in the Metedeconk River, Brick, New

Jersey. The safety zone would be in

effect on Saturday June 3, 1995, from 8

p.m. until 10:30 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

Metedeconk River within a 300 yard

radius from the center of the fireworks

platform located on Windward Beach,

Brick, New Jersey.

DATES: Comments must be received on

or before April 26, 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. 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

deemed to be unnecessary and contrary

to the public interest. Any delay in

publishing a final rule would effectively

cancel this event. Cancellation of this

event would be contrary to public

interest.

Persons submitting comments should

include their names and addresses,

identify this notice (CGD01–95–026)

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 Coat 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, Coast

Guard Group New York and LCDR J.

Stieb, Project Attorney, First Coast

Guard District, Legal Office.

Background and Purpose

On February 23, 1995, the Brick

Township Chamber of Commerce

submitted an Application for Approval

of Marine Event for a fireworks program

on Windward Beach in the Metedeconk

River. This regulation would establish a

safety zone in the waters of the

Metedeconk River on June 3, 1995, from

8 p.m. until 10:30 p.m., unless extended

or terminated sooner by the Captain of

the Port New York. This safety zone

would preclude all vessels from

transiting the Metedeconk River within

a 300 yard radius of the fireworks

platform located on a pier in the

approximate position 40°03′25′′N

latitude 074°06′47′′W longitude at

Windward Beach, Brick, New Jersey. It

is needed to protect mariners from the

hazards associated with fireworks

exploding in the area.

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

Metedeconk River to all vessel traffic on

June 3, 1995, from 8 p.m. until 10:30

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; that mariners can

transit to the south of this area; and the

extensive, advance advisories that will

be made, 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 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 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).
Federal Register / Vol. 60, No. 58 / Monday, March 27, 1995 / Proposed Rules 15737

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. A temporary § 165.T01–026, is

added to read as follows:

§ 165.T01–026 Safety Zone; Brick

Founder’s Day Fireworks, Metedeconk

River, Brick, New Jersey.

(a) Location. All waters of the

Metedeconk River within a 300 yard

radius of the fireworks platform located

on a pier in the approximate position

40°03′25′′ N latitude 074°06′47′′ W

longitude at Windward Beach, Brick,

New Jersey.

(b) Effective period. This safety zone

is in effect on June 3, 1995, from 8 p.m.

until 10:30 p.m., unless extended or

terminated sooner by the Captain of the

Port New York.

(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 17, 1995.

J. Rutkovsky,

Commander, U.S. Coast Guard, Captain of

the Port, New York, Acting.

[FR Doc. 95–7369 Filed 3–24–95; 8:45 am]

BILLING CODE 4910–14–M

DEPARTMENT OF EDUCATION

34 CFR Chapter VI

Borrower Defenses Regulations

Negotiated Rulemaking Advisory

Committee; Meeting

AGENCY: Borrower Defenses Regulations

Negotiated Rulemaking Advisory

Committee, Department of Education.

ACTION: Notice of meeting.

SUMMARY: This notice sets forth the

schedule and agenda of a forthcoming

meeting of the Borrower Defenses

Regulations Negotiated Rulemaking

Advisory Committee (Committee). This

notice also describes the functions of

the Committee. Notice of this meeting is

required under section 10(a)(2) of the

Federal Advisory Committee Act and is

intended to notify the public of their

opportunity to attend.

DATES: April 25 and 26, 1995 from 9

a.m. to 5 p.m.

ADDRESSES: The Gaithersburg Hilton,

620 Perry Parkway, Gaithersburg, MD

20877, (301) 977–8900.

FOR FURTHER INFORMATION CONTACT:

Nicki Meoli, Program Specialist, Policy

Development Division, Office of

Postsecondary Education, U.S.

Department of Education, Room 3053,

ROB–3, 600 Independence Avenue, SW,

Washington, DC 20202–5400.

Telephone: (202) 708–9406. Individuals

who use a telecommunications device

for the deaf (TDD) may call the Federal

Information Relay Service (FIRS) at 1–

800–877–8339 between 8 a.m. and 8

p.m., Eastern time, Monday through

Friday.

SUPPLEMENTARY INFORMATION: The

Borrower Defenses Regulations

Negotiated Rulemaking Advisory

Committee is authorized by sections

432, 457, and 464 of the Higher

Education Act of 1965, as amended. The

Committee is also established in

accordance with the provisions of the

Negotiated Rulemaking Act. The

Committee will negotiate regulations on

borrower defenses, that is, which acts or

omissions of an institution of higher

education a borrower may assert as a

defense to repayment of a loan made

under the William D. Ford Federal

Direct Loan (Direct Loan) Program, the

Federal Family Education Loan (FFEL)

Program, and the Federal Perkins Loan

(Perkins) Program and the consequences

of such defenses for the institution, the

Secretary, and, for FFEL Program loans,

for the lender and the guaranty agency.

The Committee may also negotiate

issues regarding whether administrative

procedures should be established to

adjudicate whether a borrower has a

valid defense and the effect the

adjudication would have on the rights

and liabilities of institutions, lenders,

guaranty agencies, and the Secretary.

The meeting of the Committee is open

to the public.

The proposed agenda includes:

(1) Welcoming remarks.

(2) Introduction of facilitator and

participants.

(3) Discussion of procedural ground

rules.

(4) General discussion of participants’

perspectives on substantive issues.

(5) Development of issue agendas or

drafts for subsequent meetings.

Records are kept of all Committee

proceedings and are available for public

inspection in Room 3053, ROB–3, 7th

and D Streets, SW, Washington, DC,

between the hours of 8:30 a.m. and 4

p.m., Monday through Friday of each

week except Federal holidays.

Dated: March 20, 1995.

David A. Longanecker,

Assistant Secretary for Postsecondary

Education.

[FR Doc. 95–7389 Filed 3–24–95; 8:45 am]

BILLING CODE 4000–01–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 300

[FRL–5178–3]

National Oil and Hazardous

Substances Pollution Contingency

Plan; National Priorities List

AGENCY: Environmental Protection

Agency.

ACTION: Notice of intent to delete United

States Army Fort Lewis Landfill No. 5

from the National Priorities List:

Request for comments.

SUMMARY: The Environmental Protection

Agency (EPA) Region 10 announces its

intent to delete the United States Army

Fort Lewis Landfill No. 5 Site from the

National Priorities List (NPL) and

requests public comment on this

proposed action. The NPL constitutes

Appendix B of 40 CFR part 300 which

is the National Oil and Hazardous

Substances Pollution Contingency Plan

(NCP), which EPA promulgated