33672 Federal Register / Vol. 61, No. 126 / Friday, June 28, 1996 / Rules and Regulations

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;

February 26, 1979). The Coast Guard

expects the economic impact of this

regulation to be so minimal that a full

Regulatory Evaluation under paragraph

10(e) of the regulatory policies and

procedures of DOT is unnecessary. This

regulation closes a portion of Sandy

Hook Bay approximately 700 yards west

of Sandy Hook Lighthouse, New Jersey,

to vessel traffic from 9 p.m. until 10:45

p.m. on Saturday, June 29, 1996, with a

rain date of Sunday, June 30, 1996, at

the same times, unless extended or

terminated sooner by the Captain of the

Port, New York. This section of Sandy

Hook Bay is mainly used by recreational

vessels and a limited number of

commercial fishing vessels. Although

the regulation prevents traffic from

transiting this area, the effect of the

regulation will not be significant for

several reasons: the duration of the

event is limited; the event is at a late

hour; the zone is not located within a

marked channel; vessel traffic may

safely pass to the west of this area; and

the extensive, advance advisories which

will be made. Accordingly, 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 regulation

will have a significant economic impact

on a substantial number of small

entities. ‘‘Small entities’’ may include

(1) small businesses and not-for-profit

organizations that are not 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

economic impact on a substantial

number of small entities.

Therefore, the Coast Guard finds that

this rule will not have a significant

economic impact on a substantial

number of small entities. If, however,

you think that your business or

organization qualifies as a small entity

and that this rule will have significant

economic impact on your business or

organization, please submit a comment

explaining why you think it qualifies

and in what way and to what degree this

rule will economically affect it.

Collection of Information

This regulation contains no collection

of information requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

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 regulation does not have sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

Environment

The Coast Guard has considered the

environmental impact of this regulation

and concluded that under section

2.B.2.e. (34)(g) of Commandant

Instruction M16475.1B (as revised by 59

FR 38654, July 29, 1994), the

promulgation of this regulation 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]

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.T01–051, is

added to read as follows:

§ 165.T01–051 Safety Zone: 100th

Anniversary of Fort Hancock Fireworks

Display, Sandy Hook Bay, New Jersey.

(a) Location. The waters of Sandy

Hook Bay within a 330 yard radius of

the fireworks barge anchored

approximately 700 yards west of Sandy

Hook Lighthouse at approximately

40°27′40′′ N latitude, 074°00′36′′ W

longitude (NAD 1983).

(b) Effective period. This section is

effective from 9 p.m. until 10:45 p.m. on

June 29, 1996. In case of inclement

weather, this section is effective on June

30, 1996, at the same times, unless

extended or terminated sooner by the

Captain of the Port, New York.

(c) Regulations. (1) The general

regulations contained in 33 C.F.R.

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: June 18, 1996.

T.H. Gilmour,

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

Port, New York.

[FR Doc. 96–16599 Filed 6–27–96; 8:45 am]

BILLING CODE 4910–14–M

33 CFR Part 165

[CGD01–96–047]

RIN 2115–AA97

Safety Zone: Heritage of Pride

Fireworks Display, Hudson River, NY

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone for

the Heritage of Pride fireworks display

located on the Hudson River, NY. The

safety zone is in effect from 9:30 p.m.

until 11:30 p.m. on Sunday, June 30,

1996. The safety zone temporarily closes

all waters of the Hudson River within a

300 yard radius of a fireworks barge

anchored approximately 330 yards west

of the Manhattan pierhead line between

Pier 32 and Pier 26.

EFFECTIVE DATE: This rule is effective

from 9:30 p.m. until 11:30 p.m. on

Sunday, June 30, 1996, unless extended

or terminated sooner by the Captain of

the Port, New York.

FOR FURTHER INFORMATION CONTACT:

Lieutenant J. W. Green, Waterways

Oversight 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
Federal Register / Vol. 61, No. 126 / Friday, June 28, 1996 / Rules and Regulations 33673

publication. Due to the date on which

complete information regarding this

event was received, there was

insufficient time to draft and publish 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 on the waters on the

Hudson River.

Background and Purpose

Heritage of Pride Inc., submitted an

Application for Approval of Marine

Event to hold a fireworks program on

the Hudson River. This regulation

establishes a temporary safety zone in

all waters of the Hudson River within a

300 yard radius of the fireworks barge

anchored approximately 330 yards west

of the Manhattan pierhead line between

pier 32 and pier 26. The safety zone is

in effect from 9:30 p.m. until 11:30 p.m.

on June 30, 1996, unless extended or

terminated sooner by the Captain of the

Port, New York. The safety zone

prevents vessels from transiting this

portion of the Hudson River and is

needed to protect mariners from the

hazards associated with fireworks

exploding in the area.

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;

February 26, 1979). The Coast Guard

expects the economic impact of this

regulation to be so minimal that a full

Regulatory Evaluation under paragraph

10(e) of the regulatory policies and

procedures of DOT is unnecessary. This

regulation closes a portion of the

Hudson River to vessel traffic from 9:30

p.m. until 11:30 p.m. on June 30, 1996,

unless extended or terminated sooner by

the Captain of the Port, New York.

Although this regulation prevents traffic

from transiting this area on the eastern

side of the Hudson River, the effect of

the regulation will not be significant for

several reasons: the duration of the

event is limited; the event is at a later

hour; vessel traffic may safely pass to

the west of this area; the advance

advisories which will be made; and that

this event has been held annually for

the past several years between pier 45

and pier 49 without incident or

complaint. Accordingly, 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 regulation

will have a significant economic impact

on a substantial number of small

entities. ‘‘Small entities’’ may include

(1) small businesses and not-for-profit

organizations that are not 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

economic impact on a substantial

number of small entities.

Therefore, the Coast Guard finds that

this rule will not have a significant

economic impact on a substantial

number of small entities. If, however,

you think that your business or

organization qualifies as a small entity

and that this rule will have significant

economic impact on your business or

organization, please submit a comment

explaining why you think it qualifies

and in what way and to what degree this

rule will economically affect it.

Collection of Information

This regulation contains no collection

of information requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.)

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 regulation does not have sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

Environment

The Coast Guard has considered the

environment impact of this regulation

and concluded that under section

2.B.2.e. (34)(g) of Commandant

Instruction M16475.1B (as revised by 59

FR 38654, July 29, 1994), the

promulgation of this regulation 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]

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.T01–047, is

added to read as follows:

§ 165.T01–047 Safety Zone: Heritage of

Pride Fireworks Display, Hudson River, New

York.

(a) Location. All waters of the Hudson

River within a 300 yard radius of the

fireworks barge anchored approximately

330 yards west of the Manhattan

pierhead line between Pier 32 and Pier

26.

(b) Effective period. This section is

effective from 9:30 p.m. until 11:30 p.m.

on June 30, 1996, 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: June 18, 1996.

T.H. Gilmour,

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

Port, New York.

[FR Doc. 96–16600 Filed 6–27–96; 8:45 am]

BILLING CODE 4910–14–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 8

[FRL–5528–8]

Removal of Outdated Regulations

Governing Contractor Compliance

With Equal Employment Opportunity

Requirements

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.