Federal Register / Vol. 61, No. 111 / Friday, June 7, 1996 / Rules and Regulations 29019

the rule does not have sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

Regulatory Flexibility Act

The Department has evaluated the

effects of this rule on small entities. I

certify this rule will not have a

significant economic impact on a

substantial number of small entities,

because we are merely removing

obsolete provisions and are crossreferencing the Department’s

rulemaking procedures in another part.

The substantive procedural

requirements are not changed.

Paperwork Reduction Act

This rule contains no reporting or

recordkeeping requirements.

List of Subjects in 14 CFR Part 399

Administrative practice and

procedure, Air carriers.

For the reasons set forth above, 14

CFR part 399 is amended as follows.

PART 399—POLICIES RELATING TO

RULEMAKING PROCEEDINGS

1. The authority citation for part 399

is revised to read as follows:

Authority: 5 U.S.C. 551 et seq., 49 U.S.C.

40101 et seq.

2. Section 399, Subpart F is amended

by revising §§ 399.70 and 399.73, and

removing §§ 399.71, and 399.72, to read

as follows:

Subpart F—Policies Relating to

Rulemaking Proceedings

§ 399.70 Cross-references to the Office of

the Secretary’s Rulemaking Procedures.

The rules and policies relating to the

disposition of rulemaking petitions by

the Department of Transportation Office

of the Secretary are located in its

rulemaking procedures contained in 49

CFR Part 5. The criteria for identifying

significant rules and determining

whether a regulatory analysis will be

performed are set forth in the

Department’s Regulatory Policies and

Procedures, 44 FR 11034, February 26,

1979, and Executive Order 12866.

§§ 399.71 and 399.72 [Removed]

§ 399.73 Definition of small business for

Regulatory Flexibility Act

For the purposes of the Department’s

implementation of chapter 6 of title 5,

United States Code (Regulatory

Flexibility Act), a direct air carrier or

foreign air carrier is a small business if

it provides air transportation only with

small aircraft as defined in § 298.3 of

this chapter (up to 60 seats/18,000

pound payload capacity).

Issued in Washington, D.C. on May 31,

1996, under the authority of 49 CFR part 1.

Charles A. Hunnicutt,

Assistant Secretary for Aviation and

International Affairs.

[FR Doc. 96–14396 Filed 6–6–96; 8:45 am]

BILLING CODE 49107–62–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD07–96–015]

RIN 2115–AE46

Special Local Regulations: Harborwalk

Boat Race; Sampit River, Georgetown,

SC

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: The Coast Guard is

establishing permanent special local

regulations for the Harborwalk Boat

Race. This event will be held annually

on the last Sunday of June, between 12

p.m. and 5:30 p.m. EDT (Eastern

Daylight Time). Historically, there have

been approximately sixty participants

racing 14 to 20 foot outboard power

boats on a prescribed course on a

portion of the Sampit River,

Georgetown, South Carolina. The nature

of the event and the closure of the

Sampit River creates an extra or unusual

hazard in the navigable waters. These

regulations are necessary to provide for

the safety of life on the navigable waters

during the event.

DATES: July 8, 1996.

FOR FURTHER INFORMATION CONTACT:

ENS M. J. DaPonte, project officer, Coast

Guard Group Charleston at (803) 724–

7621.

SUPPLEMENTARY INFORMATION:

Regulatory History

On March 26, 1996, the Coast Guard

published a notice of proposed

rulemaking entitled ‘‘Harborwalk Boat

Race, Sampit River, Georgetown, SC’’ in

the Federal Register (61 FR 13119). The

comment period ended May 28, 1996.

The Coast Guard received no comments

during the notice of proposed

rulemaking comment period. A public

hearing was not requested and one was

not held.

Discussion of Regulations

These regulations are needed to

provide for the safety of life during the

Harborwalk Boat Race. The rules are

intended to promote safe navigation on

the waters off East Bay Park on the

Sampit River during the race by

controlling the traffic entering, exiting,

and traveling within these waters.

Historically, the anticipated

concentration of spector and participant

vessels associated with the Harborwalk

Boat Race has posed a safety concern,

which is addressed in these special

local regulations.

These regulations will not permit

movement of spectator vessels and other

nonparticipating vessel traffic within

the regulated area, bounded by a line

drawn from:

33° 21.5′ N, 079° 17.10′ W, thence to

33° 21.7′ N, 079° 16.8′ W, thence along the

shore to

33° 21.1′ N, 079° 16.7′ W, thence to

33° 21.1′ N, 079° 16.9′ W thence back to

33° 21.5′ N, 079° 17.10′ W

From 12 p.m. to 5:30 p.m. EDT annually

during the last Sunday of June. All

coordinates use datum: NAD 83. These

regulations will permit the movement of

spectator vessels and other

nonparticipants after the termination of

race, and during intervals between

scheduled events at the discretion of the

Coast Guard Patrol Commander.

Regulatory Evaluation

This rule is not a significant

regulatory action under Section 3(f) of

the Executive Order 12866 and does not

require an assessment of the 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

proposed rule to be so minimal that a

full Regulatory Evaluation under

paragraph 10e of the regulatory policies

and procedures of DOT is unnecessary.

These regulations will last for only 5

and a half hours each day of the event.

No public comments were received

during the notice of proposed

rulemaking comment period.

Small Entities

Under the Regulatory Flexibility Act

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

must consider whether this action 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

certifies that this action will not have a
29020 Federal Register / Vol. 61, No. 111 / Friday, June 7, 1996 / Rules and Regulations

significant economic impact on a

substantial number of small entities.

Collection of Information

These regulations contain no

collection of information requirements

under the Paperwork Reduction Act (44

U.S.C. 3501 et seq.).

Federalism

This action has been analyzed in

accordance with the principles and

criteria contained in Executive Order

12612, and it has been determined that

the rulemaking does not have sufficient

Federalism implications to warrant the

preparation of a Federalism Assessment.

Environmental Assessment

The Coast Guard has considered the

environmental impact of this rule

consistent with Section 2.B.2. of

Commandant Instruction M16475.1B. In

accordance with that section, this action

has been environmentally assessed (EA

completed), and the Coast Guard has

concluded that it will not significantly

affect the quality of the human

environment. An environmental

assessment and a finding of no

significant impact have been prepared

and are available in the docket for

inspection or copying.

List of Subjects in 33 CFR Part 100

Marine safety, Navigation (water),

Reporting and recordkeeping

requirements, Waterways.

Final Regulations

In consideration of the foregoing, Part

100 of Title 33, Code of Federal

Regulations, the Coast Guard amends as

follows:

1. The authority citation for Part 100

continues to read as follows:

PART 100—[AMENDED]

Authority: 33 U.S.C. 1233; 49 CFR 1.46 and

33 CFR 100.35.

2. A new section 100.713 is added to

read as follows:

§ 100.713 Annual Harborwalk Boat Race;

Sampit River, Georgetown, SC.

(a) Definitions. (1) Regulated Area.

The regulated area is formed by a line

from:

33°21.5′ N, 079°17.10′ W, thence to

33°21.7′ N, 079°16.8′ W, thence along the

shore to

33°21.1′ N, 079°16.7′ W, thence to

33°21.1′ N, 079°16.9′ W, thence back to

33°21.5′ N, 079°17.10′ W.

All coordinates referenced use datum:

NAD 83.

(2) Coast Guard Patrol Commander.

The Coast Guard Patrol Commander is

a commissioned, warrant, or petty

officer of the United States Coast Guard

who has been designated by the

Commander, Coast Guard Group

Charleston, Charleston, South Carolina.

(b) Special local regulations. (1) Entry

into the regulated area is prohibited to

all nonparticipants.

(2) After the termination of the

Harborwalk Boat Race, and during

intervals between scheduled events, at

the discretion of the Coast Guard Patrol

Commander all vessels may resume

normal operations.

(c) Effective Dates. This section is in

effect from 12 p.m. and terminates at

5:30 p.m. EDT annually during the last

Sunday of June.

Dated: May 31, 1996.

J.W. Lockwood,

Rear Admiral, U.S. Coast Guard Commander,

Seventh Coast Guard District.

[FR Doc. 96–14421 Filed 6–6–96; 8:45 am]

BILLING CODE 4910–14–M

33 CFR Part 165

[CGD09–96–002]

RIN 2115–AA97

Safety Zone: Lake Erie, Detroit to

Cleveland

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: The Coast Guard is

establishing a moving safety zone

around the M/V AMERICAN REPUBLIC

on Sunday, June 9, 1996, as it transits

Lake Erie from Detroit to Cleveland.

During this time, the M/V AMERICAN

REPUBLIC will be transporting the 1996

Summer Olympics Torch Runner on the

Detroit to Cleveland leg of the crosscountry relay. This safety zone is

necessary to protect the vessel and its

passengers from vessels which may

impede its passage.

EFFECTIVE DATES: This rule is effective at

8 a.m. on June 9, 1996, and terminates

at 11 p.m. on June 9, 1996, unless

terminated earlier by the Coast Guard

Captain of the Port Detroit or Cleveland.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Commander Rhae Giacoma,

Assistant Chief, Marine Port and

Environmental Safety Branch, Ninth

Coast Guard District, Room 2069, 1240

E. Ninth Street, Cleveland, Ohio, 44199–

2060, (216) 522–3994.

SUPPLEMENTARY INFORMATION:

Background and Purpose

Prior to the opening of the 1996

Summer Olympics in Atlanta, GA, the

Olympic Torch will be carried cross

country by way of relay. The relay will

begin in Los Angeles, CA and terminate

in Atlanta, GA. Part of the relay

includes an over-water leg from Detroit,

MI to Cleveland, OH. For this leg, the

Olympic Torch and Runner will be

transported across Lake Erie onboard

the Great Lakes cargo vessel M/V

AMERICAN REPUBLIC. The Torch

Runner will arrive in Detroit Hart Plaza

on the morning of June 9, 1996, where

he will board the M/V AMERICAN

REPUBLIC for transit to Cleveland. The

vessel is expected to arrive at Cleveland

City Dock the evening of June 9, 1996.

The M/V AMERICAN REPUBLIC will

be taking the following route: From

Detroit, the transit will follow the

shipping channel down the Detroit

River, then 095 degrees true across

northern Lake Erie (transiting north of

Pelee Island) to Pelee Passage Light,

through Pelee Passage, then 111 degrees

true to Cleveland.

A 200-yard moving safety zone will be

in place around the M/V AMERICAN

REPUBLIC during its entire voyage from

Detroit to Cleveland. The U.S. Coast

Guard Cutter BRISTOL BAY will escort

the M/V AMERICAN REPUBLIC

throughout the voyage. Other Coast

Guard vessels (including Coast Guard

Auxiliary) will join in escorting the M/

V AMERICAN REPUBLIC at various

locations where vessel congestion is

expected to be heavy.

The safety zone is being established

for the protection of the M/V

AMERICAN REPUBLIC and all

personnel onboard, as well as for the

protection of vessels and personnel

operating in the vicinity of the vessel

during it voyage. The M/V AMERICAN

REPUBLIC is a 634 foot vessel. Because

of its size, it is restricted in its ability

to maneuver. Since the transit from

Detroit to Cleveland will be taking place

on a Sunday, media and public interest

is expected to be high. Boating traffic on

Lake Erie is anticipated to be heavy,

particularly in the areas close to the

ports of Detroit and Cleveland. The

safety zone is essential to ensure vessels

and personnel do not interfere with the

safe transit of the vessel throughout its

voyage and to protect the safety of

spectator craft. However, the Captain of

the Port may reduce the size of the

safety zone within the outer limits

prescribed in the regulation whenever it

appears to the Captain of the Port that

this may be done so with due regard for

safety.

This regulation is issued pursuant to

33 U.S.C. 1225 and 1231, as set out in

the authority section for all of Part 165.

Notice and Comment

A notice of proposed rulemaking was

published on April 18, 1996 (61 FR