Federal Register / Vol. 61, No. 96 / Thursday, May 16, 1996 / Rules and Regulations 24697

rulemaking, opportunity for public

participation, and delay in effective

date, are inapplicable. Because no

notice of proposed rulemaking is

required for this rule, the Regulatory

Flexibility Act, 5 U.S.C. 601–612, does

not apply.

List of Subjects in 31 CFR Part 585

Administrative practice and

procedure, Banks, banking, Blocking of

assets, Bosnia and Herzegovina, Foreign

investments in United States, Foreign

trade, Penalties, Reporting and

recordkeeping requirements, Securities,

Specially designated nationals,

Transportation, Yugoslavia.

For the reasons set forth in the

preamble, 31 CFR part 585 is amended

as set forth below:

1. The authority citation for part 585

continues to read as follows:

Authority: 3 U.S.C. 301; 22 U.S.C. 287c; 49

U.S.C. App. 1514; 50 U.S.C. 1601–1651; 50

U.S.C. 1701–1706; E.O. 12808, 57 FR 23299,

3 CFR, 1992 Comp., p. 305; E.O. 12810, 57

FR 24347, 3 CFR, 1992 Comp., p. 307; E.O.

12831, 58 FR 5253, 3 CFR, 1993 Comp., p.

576; E.O. 12846, 58 FR 25771, 3 CFR, 1993

Comp., p. 599; E.O. 12934, 59 FR 54117, 3

CFR, 1994 Comp., p. 930.

Subpart E—Licenses, Authorizations,

and Statements of Licensing Policy

2. Section 585.527 is added to subpart

E to read as follows:

§ 585.527 Authorization of certain new

transactions with respect to the Bosnian

Serbs.

(a) Notwithstanding the provisions of

subpart B of this part, transactions and

activities otherwise prohibited by

§§ 585.201(c) (blocked property),

585.217(b) (entry of U.S. vessels into

riverine ports), 585.218(a) (insofar as

that paragraph relates to trade in

Bosnian Serb–controlled areas of Bosnia

and Herzegovina), and 585.218(b)

(services to Bosnian Serb–controlled

areas), are hereby authorized on or after

May 10, 1996, provided that no such

transaction results in a debit to an

account blocked prior to May 10, 1996,

or a transfer of property blocked prior to

May 10, 1996, unless such debit or

transfer is independently authorized by

or pursuant to this part.

(b) The authorizations contained in

this section do not eliminate the need to

comply with regulatory requirements

not administered by the Office of

Foreign Assets Control, including

aviation, financial and trade

requirements administered by other

federal agencies.

Dated: April 23, 1996.

R. Richard Newcomb,

Director, Office of Foreign Assets Control.

Approved: May 2, 1996.

John P. Simpson,

Deputy Assistant Secretary (Regulatory, Tariff

& Law Enforcement).

[FR Doc. 96–12227 Filed 5–10–96; 3:39 pm]

BILLING CODE 4810–25–F

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01–96–021]

RIN 2115–AA97

Safety Zone: USS JOHN F. KENNEDY,

Fleet Week 1996, Port of NY and NJ

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary moving safety

zone on May 22, 1996, and May 29,

1996, and May 29, 1996, for the arrival

and departure of the USS JOHN F.

KENNEDY during Fleet Week 1996.

This moving safety zone includes all

waters 500 yards fore and aft, and 200

yards on each side of the USS JOHN F.

KENNEDY as the vessel enters and

departs the Port of New York and New

Jersey.

EFFECTIVE DATE: This rule is effective on

May 22, 1996, from 7 a.m. until 1 p.m.,

and on May 29, 1996, from 7:30 a.m.

until 12:01 p.m., unless extended or

terminated sooner by the Coast Guard

Captain of the Port, New York.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Commander R. Trabocchi,

Chief, Coordination and Analysis

Branch, Waterways Management

Division, Coast Guard Activities New

York, (212) 668–7906.

SUPPLEMENTARY INFORMATION:

Regulatory History

Pursuant to 5 U.S.C. 553, a notice of

proposed rulemaking (NPRM) was not

published for this regulation. Good

cause exists for not publishing an

NPRM, and for making this regulation

effective less than 30 days after Federal

Register publication. Due to the date

that specific, detailed information on

the arrival and departure plans of the

USS JOHN F. KENNEDY’s visit to New

York City was made available to the

Coast Guard, there was insufficient time

to draft and publish an NPRM.

Immediate action is needed to protect

the maritime public from the hazards

associated with a large vessel with

limited manueverability transisting the

Port of New York and New Jersey.

Background and Purpose

The Intrepid Museum Foundation is

sponsoring the Fleet Week 1996 Parade

of Ships. The USS JOHN F. KENNEDY

has been designated as the Fleet Week

Flagship and will be entering the Port of

New York and New Jersey on May 22,

1996, to participate in the parade. USS

JOHN F. KENNEDY intends to depart

the Port of New York and New Jersey

following the completion of Fleet Week

1996 on May 29, 1996. This regulation

will be effective during the arrival and

departure of the USS JOHN F.

KENNEDY on May 22, 1996, from 7 a.m.

until 1 p.m., and on May 29, 1996, from

7:30 a.m. until 12:01 p.m. unless

extended or terminated sooner by the

Coast Guard Captain of the Port, New

York. This regulation establishes a

moving safety zone within 500 yards

fore and aft and 200 yards on each side

of the USS JOHN F. KENNEDY 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 (NAD 1983), and Pier 88,

Manhattan, New York, exclusive of the

time it is transiting as part of the Fleet

Week 1996 Parade of Ships on May 22,

1996. This moving safety zone is

maintained while the vessel is at anchor

in Federal Anchorage 23A on May 22,

1996; however, while at anchor the

moving safety zone is reduced to a

radius of 300 yards around the vessel.

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. It

provides a clear traffic lane in order for

the USS JOHN F. KENNEDY to safely

navigate to and from its berth.

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

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 rule to be so minimal that
24698 Federal Register / Vol. 61, No. 96 / Thursday, May 16, 1996 / Rules and Regulations

a full Regulatory Evaluation under

paragraph 10(e) of the regulatory

policies and procedures of DOT is

unnecessary. This moving safety zone

will prevent vessels from transiting

portions of Upper New York Bay and

the Hudson River in the Port of New

York and New Jersey on Wednesday,

May 22, 1996, and Wednesday, May 29,

1996. 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 will be affected for a prolonged

period of time; the safety zone distances

are less than the typical safe passage

distances normally required for large

vessels and aircraft carriers; vessels can

transit on either side of the safety zone;

and alternate routes are available to

commercial and recreational vessels that

can safely transit the Harlem and East

Rivers, Kill Van Kull, Arthur Kill, and

Buttermilk Channel. Similar safety

zones have been established in the past

for the arrival and departure 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

mariners can adjust their plans

accordingly.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.), the Coast Guard

must consider the economic impact on

small entities of this rule. ‘‘Small

entities’’ may include (1) small

businesses and not-for-profit

organizations that are independently

owned and operated and are not

dominant in their fields and (2)

governmental jurisdictions with

populations of less than 50,000.

For reasons set forth in the Regulatory

Evaluation, the Coast Guard certifies

under 5 U.S.C. 605(b) that this

regulation will not have a significant

impact on a substantial number of small

entities.

Collection of Information

This proposal contains no collectionof-information requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq).

Federalism

The Coast Guard analyzed this rule

under the principles and criteria

contained in Executive Order 12612 and

has determined that this rule does not

have sufficient federalism implications

to warrant the preparation of a

Federalism Assessment.

Environment

The Coast Guard considered the

environmental impact of the rule and

concluded that, under 2.B.2.e. (34)(g) of

Commandant Instruction M16475.1B (as

revised by 59 FR 38654, July 29, 1994),

this proposal is categorically excluded

from further environmental

documentation. A Categorical Exclusion

Determination and Environmental

Analysis Checklist are included in the

docket.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and recordkeeping

requirements, Security measures,

Waterways.

Final Regulation

For reasons set out in the preamble,

the Coast Guard amends 33 CFR part

165 as follows:

PART 165—[AMENDED]

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 2.46.

2. A temporary section, 165.T01/021,

is added to read as follows:

§ 165.T01–021 Safety Zone: USS JOHN F.

KENNEDY, Fleet Week 1996, Port of New

York and New Jersey.

(a) Location: (1) This moving safety

zone includes all waters within 500

yards fore and aft and 200 yards on each

side of the USS JOHN F. KENNEDY 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

(NAD 1983), and Pier 88, Manhattan,

New York, exclusive of the time it is

transiting as part of the Fleet Week 2996

Parade of Ships.

(2) This moving safety zone is

reduced to a radius of 300 yards around

the vessel while the vessel is at anchor

in Federal Anchorage 23A on May 22,

1996.

(b) Effective period. This section is

effective on May 22, 1996, from 7 a.m.

until 1 p.m., and on May 29, 1996, from

7:30 a.m. until 12:01 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 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: May 6, 1996.

T.H. Gilmour,

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

Port, New York.

[FR Doc. 96–12257 Filed 5–15–96; 8:45 am]

BILLING CODE 4910–14–M

33 CFR Part 165

[CGD01–96–028]

RIN 2115–AA97

Safety Zone: National Ethnic Coalition

of Organizations Fireworks, Upper New

York Bay, NY and NJ

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone for

the National Ethnic Coalition of

Organizations’ fireworks program

located in Upper New York Bay, New

York and New Jersey. The safety zone is

in effect from 10:15 p.m. until 11:30

p.m. on Sunday, May 19, 1996. The

safety zone temporarily closes all waters

of Upper New York Bay within a 300

yard radius of a fireworks barge

anchored approximately 300 yards east

of Liberty Island, New York.

EFFECTIVE DATE: This rule is effective

from 10:15 p.m. until 11:30 p.m. on

Sunday, May 19, 1996, unless extended

or terminated sooner by the Captain of

the Port, New York.

FOR FURTHER INFORMATION CONTACT:

Lieutenant (Junior Grade) C. Stevens,

Coordination and Analysis Branch,

Coast Guard Activities New York, at

(212) 668–7906.

SUPPLEMENTARY INFORMATION:

Regulatory History

Pursuant to 5 U.S.C. 553, a notice of

proposed rulemaking (NPRM) was not

published for this regulation. Good

cause exists for not publishing an NPRM

and for making this regulation effective

less than 30 days after Federal Register

publication. Due to the date the

application for this event was received,

there was insufficient time to draft and

published an NPRM. Any delay

encountered in this regulation’s

effective date would be contrary to

public interest since immediate action is

needed to protect the maritime public

from the hazards associated with

fireworks exploding from a barge in the

waters of Upper New York Bay.