Federal Register / Vol. 61, No. 114 / Wednesday, June 12, 1996 / Rules and Regulations 29655

operation the span is normally in the

open position displaying flashing green

signals to allow the movement of water

traffic. When a train approaches the

bridge the lights go to flashing red, a

horn sounds 4 blasts, pauses, then

repeats 4 blasts. After an 8 minute

delay, the draw lowers and locks,

providing scanning equipment reveals

nothing under the span. The draw

remains down for a period of 8 minutes

or while the approach track circuit is

occupied. After the train clears, the

draw opens and the lights return to

flashing green.

The automatic remote control method

was discontinued in 1984 when

ownership of the bridge was transferred

from the Florida East Coast Railroad to

the Kennedy Space Center (NASA). The

purpose of this change is to describe in

the regulation how the bridge is actually

being operated.

Discussion of Comments and Changes

No comments were received on the

proposed rule. The final rule is therefore

unchanged from the proposed rule

published on February 22, 1996.

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 action to be so minimal

that a full Regulatory Evaluation under

paragraph 10e of the regulatory policies

and procedures of DOT is unnecessary.

Small Entities

Under the Regulatory Flexibility Act

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

must consider whether this rule will

have a significant economic impact on

a substantial number of small entities.

‘‘Small entities’’ may include small

businesses and not for profit

organizations that are independently

owned and operated and are not

dominant in their field and

governmental jurisdictions with

populations of less than 50,000. Because

it expects the impact of the action to be

minimal, the Coast Guard certifies

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

will not have a significant economic

impact on a substantial number of small

entities.

Collection of Information

This rule contains no collection of

information requirements under the

Paperwork Reduction Act. (44 U.S.C.

3501 et seq.)

Federalism

The Coast Guard has analyzed the

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 this rule and

concluded that under section

2.B.2.e.(32) of Commandant Instruction

M16475.1B, promulgation of operating

requirements or procedures for

drawbridges is categorically excluded

from further environmental

documentation. A ‘‘Categorical

Exclusion Determination’’ is available in

the docket where listed under

ADDRESSES.

List of Subjects in 33 CFR Part 117

Bridges.

Final Regulation

For the reasons set out in the

preamble, the Coast Guard amends 33

CFR Part 117 as follows:

PART 117— [AMENDED]

1. The authority citation for Part 117

continues to read as follows:

Authority: 33 U.S.C. 499; 49 CFR 1.46; 33

CFR 1.05–1(g); section 117.255 also issued

under the authority of Pub. L. 102–587, 106

Stat. 5039.

2. Section 117.261 is amended by

revising paragraph (j) to read as follows:

§ 117.261 Atlantic Intracoastal Waterway

from St. Mary’s River to Key Largo

* * * * *

(j) NASA Railroad bridge, mile 876.6

at Kennedy Space Center.

(1) The draw is not constantly tended.

(2) The draw is normally in the fully

open position displaying flashing green

lights to indicate that vessels may pass.

(3) When a train approaches the

bridge, it stops and the operator initiates

a command to lower the bridge. The

lights go to flashing red and the draw

lowers and locks, providing scanning

equipment reveals nothing under the

draw. The draw remains down until a

manual raise command is initiated, or

will raise automatically 5 minutes after

the intermediate track circuit is no

longer occupied by a rail car.

(4) After the train has cleared, the

draw opens and the lights return to

flashing green.

* * * * *

Dated: May 21, 1996.

Roger T. Rufe, Jr.,

Rear Admiral, U.S. Coast Guard, Commander,

Seventh Coast Guard District.

[FR Doc. 96–14864 Filed 6–11–96; 8:45 am]

BILLING CODE 4910–14–M

33 CFR Part 165

[CGD 05–96–038]

RIN 2115–AA97

Safety Zone; Chesapeake Bay,

Hampton Roads, Elizabeth River,

Norfolk, VA

AGENCY: Coast Guard, DOT.

ACTION: Temporary rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone

around the Nauticus National Maritime

Center Norfolk, VA. The zone is needed

to protect U.S. Coast Guard Change of

Command participant vessels and

mariners operating in the vicinity from

8 a.m. to 2 p.m. on June 14, 1996. Entry

into this zone is prohibited unless

authorized by the Captain of the Port or

his designated representative.

EFFECTIVE DATES: This regulation is

effective from 8 a.m. to 2 p.m. on June

14, 1996, unless sooner terminated by

the Captain of the Port, Hampton Roads,

Virginia.

FOR FURTHER INFORMATION CONTACT:

Chief Petty Officer John Pekich, Project

Officer, USCG Marine Safety Office

Hampton Roads, telephone number

(804) 484–8192.

SUPPLEMENTARY INFORMATION: In

accordance with 5 U.S.C. 553, a Notice

of Proposed Rule Making (NPRM) was

not published for this rule and good

cause exists for making it effective less

than 30 days after Federal Register

publication. Publishing an NPRM and

delaying its effective date would be

contrary to the public interest since

immediate action is needed to protect

the vessels involved in the Change of

Command Ceremony and other mariners

operating in the vicinity

Discussion of the Regulation

This temporary rule is issued to

protect vessels involved in Change of

Command ceremonies at the Nauticus

National Maritime Center, Norfolk, VA.

or those transiting the area on the

Elizabeth River, Norfolk, VA. Therefore,

the Coast Guard is establishing a 100

yard radius safety zone around the
29656 Federal Register / Vol. 61, No. 114 / Wednesday, June 12, 1996 / Rules and Regulations

maritime center’s piers while the

ceremony is conducted. The safety zone

will be in effect from 8 a.m. to 2 p.m.

on June 14, 1996, unless terminated

sooner by the Captain of the Port. This

safety zone will prohibit access by all

unauthorized persons to all waters

within a 100 yard radius from a point

located at 36–54′.28′′ N 076–05′.31′′ W

during these operations. A safety zone is

necessary to protect both the vessels

involved with the operation and those

operating in the vicinity.

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 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 rule

to be so minimal that a full Regulatory

Evaluation under paragraph 10e of the

regulatory policies and procedures of

DOT is unnecessary.

Collection of Information

This rule contains no collection of

information requirements under

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

Federalism

The Coast Guard has analyzed this

rule under the principles and criteria

contained in Executive Order 12612 and

has determined that it does not have

sufficient federalism implications to

warrant the preparation of a Federalism

Assessment.

Environment

The Coast Guard considered the

environmental impact of this rule and

concluded that under section 2.B.2.e(34)

of Commandant Instruction M16475.1B

(as revised by 59 FR 38654; July 29,

1994), this rule is categorically excluded

from further environmental

documentation.

List of Subjects in 33 CFR Part 165

Harbors, Marine Safety, Navigation

(water), Reporting and recordkeeping

requirements, Security measures,

Vessels, Waterways.

For the reasons set out in the

preamble, the Coast Guard amends 33

CFR 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 new temporary section 165.T05–

038 is added to read as follows:

§ 165.T05–038 Safety Zone: Chesapeake

Bay, Hampton Roads, Elizabeth River,

Norfolk, Virginia.

(a) Location: The following area is a

safety zone: All waters within a 100

yard radius from a point located at 36–

54′.28′′ N, 076–05′.31′′ W, on the

Elizabeth River at the Nauticus National

Maritime Center, Norfolk, Virginia,

during the Change of Command

Ceremony.

(b) Definitions: Captain of the Port

means the Commanding Officer of the

Marine Safety Office Hampton Roads,

Norfolk, VA or any Coast Guard

commissioned, warrant, or petty officer

who has been authorized by the Captain

of the Port to act on his behalf.

(c) (1) In accordance with the general

regulations in section 165.23 and

165.501 of this part, entry into this zone

is prohibited unless authorized by the

Captain of the Port. The general

requirements of section 165.23 and

165.501 also apply to this regulation.

(2) Persons or vessels requiring entry

into or passage through the safety zone

must first request authorization from the

Captain of the Port. The Coast Guard

vessels enforcing the safety zone can be

contacted on VHF Marine Band Radio,

channels 13 and 16. The Captain of the

Port can be contacted at telephone

number (804) 484–8192.

(d) The Captain of the Port will notify

the public of changes in the status of

this zone by Marine Safety Radio

Broadcast on VHF Marine Band Radio,

Channel 22 (157.1 MHz).

Dated: June 6, 1996.

D.A. Sande,

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

Port, Hampton Roads.

[FR Doc. 96–14861 Filed 6–11–96; 8:45 am]

BILLING CODE 4910–14–M

33 CFR Part 165

[COTP San Francisco Bay 96–003]

RIN 2115–AA97

Safety Zone; San Francisco Bay, CA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a safety zone on the waters

of San Francisco Bay, California around

the Coast Guard Cutter Boutwell which

will be moored at the Coast Guard

Island Pier, Alameda. The event

requiring a safety zone is a military

change of command ceremony. The

zone will encompass a water area

extending 25 yards forward, aft, and to

the outboard side of the ship which will

be moored at the following location:

Latitude: 37°46′50′′N, Longitude:

122°15′01′′W. Persons and vessels are

prohibited from entering into, transiting

through, or anchoring within this safety

zone unless authorized by the Captain

of the Port.

EFFECTIVE DATE: This safety zone will be

in effect on June 12, 1996, between 9:30

a.m., PDT, and 1:30 p.m., PDT, unless

canceled earlier by the Captain of the

Port.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Rob Lee, Coast Guard Marine

Safety Office San Francisco Bay, CA;

(510) 437–3073.

SUPPLEMENTARY INFORMATION: In

accordance with 5 U.S.C. 553, a Notice

of Proposed Rulemaking (NPRM) was

not published for this regulation, and

good cause exists for making it effective

in less than 30 days after Federal

Register publication. Publishing an

NPRM and delaying its effective date

would be contrary to the public interest

since the cope of activities potentially

attracting a number of spectator craft

and thus requiring a safety zone was not

finalized until a date fewer than 30 days

prior to the event date.

Discussion of Regulation

The military change of command

event requiring this regulation will

begin at approximately 10:30 a.m. PDT

on June 12, 1996. This safety zone is

necessary to prevent spectator

recreational and commercial craft from

collecting within 25 yards of the cutter

Boutwell, creating possible safety

concerns for these vessels and the Coast

Guard cutter. Persons and vessels are

prohibited from entering into, transiting

through, or anchoring within the safety

zone unless authorized by the Captain

of the Port.

Regulatory Evaluation

This regulation 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;