33670 Federal Register / Vol. 61, No. 126 / Friday, June 28, 1996 / Rules and Regulations

Length means the straight line

horizontal measurement of the overall

length from the foremost part of the boat

to the aftermost part of the boat,

measured from end to end over the deck

excluding sheer, and measured parallel

to the centerline. Bow sprits, bumpkins,

rudders, outboard motor brackets,

handles, and other similar fittings,

attachments, and extensions are not

included in the measurement.

Monohull boat means a boat on which

the line of intersection of the water

surface and the boat at any operating

draft forms a single closed curve. For

example, a catamaran, trimaran, or a

pontoon boat is not a monohull boat.

Motorwell means any arrangement of

bulkheads or structures that prevents

water from entering the passenger

carrying area of the boat through any

cutout area in the transom for mounting

an outboard motor.

Motorwell height means the vertical

distance from the lowest point of water

ingress along the top of the motorwell

to a line representing a longitudinal

extension of the centerline of the boat’s

bottom surface, excluding keels. This

distance is measured as a projection on

the centerline plane of the boat. See

Figure 183.3.

Permanent appurtenances means

equipment that is mounted or fastened,

so that it is not removable without the

use of tools. Seats, inboard engines,

windshields, helm stations, or hardtops

are permanent appurtenances. Outboard

motors, controls, batteries, and portable

fuel tanks are not permanent

appurtenances.

Remote steering means any

mechanical assist device which is

rigidly attached to the boat and used in

steering the vessel, including but not

limited to mechanical, hydraulic, or

electrical control systems.

Sailboat means a boat designed or

intended to use sails as the primary

means of propulsion.

Sheer means the topmost line in a

boat’s side. The sheer intersects the

vertical centerline plane of the boat at

the forward end and intersects the

transom (stern) at the aft end. For the

purposes of this definition, the topmost

line in a boat’s side is the line defined

by a series of points of contact with the

boat structure, by straight lines at 45

degree angles to the horizontal and

contained in a vertical plane normal to

the outside edge of the boat as seen from

above and which are brought into

contact with the outside of the

horizontal boat. A boat is horizontal

when it is transversely level and when

the lowest points at 40 percent and 75

percent of the boat’s length behind the

most forward point of the boat are level.

Transom means the surface at the

stern of a boat projecting or facing aft.

The upper boundary of the transom is

the line defined by a series of points of

contact, with the boat structure, by

straight lines at 45 degree angles to the

horizontal and contained in a vertical

longitudinal plane and which are

brought into contact with the stern of

the horizontal boat. A boat is horizontal

when it is transversely level and when

the lowest points at 40 percent and 75

percent of the boat’s length behind the

most forward point of the boat are level.

Vessel includes every description of

watercraft, other than a seaplane on the

water, used or capable of being used as

a means of transportation on the water.

* * * * *

§ 183.5 [Amended]

121. In § 183.5, in paragraph (a),

remove the words ‘‘United States Coast

Guard Recreational Boating Product

Assurance Branch,’’ and add, in their

place, the words ‘‘Recreational Boating

Product Assurance Division,’’; and in

paragraph (b), under the entry for

Institute of Electrical and Electronic

Engineers, remove the words ‘‘3435 East

47th Street, New York, NY 10017’’ and

add, in their place, the words ‘‘445 Hoes

Lane, Piscataway, NJ 08854’’; and under

the entry for National Fire Protection

Association, before the words

‘‘Batterymarch Park’’ add the number

‘‘1’’.

§ 183.110 [Amended]

122. In § 183.110, in the definition of

ASTM, remove the words ‘‘Room 4210,’’

and add, in their place, the words

‘‘Room 1308,’’; and remove the word

‘‘appoved’’ and add, in its place, the

word ‘‘approved’’.

§ 183.402 [Amended]

123. In § 183.402, all paragraph

designators are removed.

PART 187—VESSEL IDENTIFICATION

SYSTEM

124. The authority citation for part

187 continues to read as follows:

Authority: 46 U.S.C. 2103; 49 CFR 1.46.

§§ 187.7 and 187.9 [Amended]

125. In 33 CFR part 187, remove the

word ‘‘(G–NAB)’’ and add, in its place,

the word ‘‘(G–OPB)’’ in the following

places:

(a) Section 187.7(a); and

(b) Section 187.9(b).

Dated: June 21, 1996.

Howard L. Hime,

Acting Director of Standards, Marine Safety

and Environmental Protection.

[FR Doc. 96–16488 Filed 6–27–96; 8:45 am]

BILLING CODE 4910–14–M

33 CFR Part 100

[CGD08–96–015]

RIN 2115–AE46

Special Local Regulations: Kentucky

Drag Boat Association Races; Green

River Mile 70.0–71.5, Livermore, KY

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: Special local regulations are

being adopted for the Kentucky Drag

Boat Association races. This event will

be held on June 26–30, 1996 from 9 a.m.

until 7 p.m. at Livermore, Kentucky.

These regulations are needed to provide

for the safety of life on navigable waters

during the event.

EFFECTIVE DATES: This rule is effective at

9 a.m. on June 28, 1996 and will

terminate at 7 p.m. on June 30, 1996.

FOR FURTHER INFORMATION CONTACT:

LT Gregory A. Howard, Chief, Port

Operations Department, USCG Marine

Safety Office, Louisville, Kentucky at

(502) 582–5194, ext. 39.

SUPPLEMENTARY INFORMATION:

Regulatory History

In accordance with 5 U.S.C. § 553, a

notice of proposed rule making for these

regulations has not been published and

good cause exists for making them

effective in less than 30 days from the

date of publication. Following normal

rule making procedures would be

impracticable. The details of the event

were not finalized in sufficient time to

publish proposed rules in advance of

the event or to provide for a delayed

effective date.

Background and Purpose

The marine event requiring this

regulation is a series of quarter mile

drag boat races. The event is sponsored

by the Kentucky Drag Boat Association.

The course to be followed by the race

participants will be marked by precisely

placed marker buoys positioned at

various points along the quarter mile

course. Commercial vessels will be

permitted to transit the area every three

hours.

Regulatory Evaluation

This rule is not a significant

regulatory action under section 3(f) of

Executive Order 12866 and does not
Federal Register / Vol. 61, No. 126 / Friday, June 28, 1996 / Rules and Regulations 33671

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 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

because of the event’s short duration.

Small Entities

For the reasons stated above, the

Coast Guard finds that the impact on

small entities, if any, is not substantial.

Therefore, the Coast Guard certifies

under section 605(b) of the Regulatory

Flexibility Act (5 U.S.C. § 601 et seq.)

that this temporary rule will not have a

significant economic impact on a

substantial number of small entities.

Collection of Information

This rule contains no information

collection requirements under the

Paperwork Reduction Act (44 U.S.C.

§ 3501 et seq.).

Federalism Assessment

The Coast Guard has analyzed this

action in accordance with the principles

and criteria of Executive Order 12612

and has determined that this rule does

not raise sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

Environmental Assessment

The Coast Guard considered the

environmental impact of this rule and

concluded that under section 2.B.2.C. of

Commandant Instruction M16475.1B,

(as revised by 61 FR 13563; March 27,

1996) this rule is categorically excluded

from further environmental

documentation.

List of Subjects in 33 CFR Part 100

Marine Safety Navigation (water),

Reporting and Recordkeeping

requirements, Waterways.

Temporary Regulations

In consideration of the foregoing, Part

100 of Title 33, Code of Federal

Regulations, is amended as follows:

PART 100—[AMENDED]

1. The authority citation for part 100

continues to read as follows:

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

33 CFR 100.35

2. A temporary § 100.35 T08–015 is

added to read as follows:

§ 100.35 T08–015 Green River near

Livermore, Kentucky.

(a) Regulated area: Green River mile

70.0–71.5.

(b) Special local regulation: All

persons and/or vessels not registered

with the sponsors as participants or

official patrol vessels are considered

spectators. ‘‘Participants’’ are those

persons and/or vessels identified by the

sponsor as taking part in the event. The

‘‘official patrol’’ consists of any Coast

Guard, public, state or local law

enforcement and/or sponsor provided

vessel assigned to patrol the event. The

Coast Guard ‘‘Patrol Commander’’ is a

Coast Guard commissioned, warrant, or

petty officer who has been designated

by Commanding Officer, Coast Guard

Marine Safety Office Louisville.

(1) No spectators shall anchor, block,

loiter in, or impede the transit of

participants or official patrol vessels in

the regulated area during effective dates

and times, unless cleared for such entry

by or through an official patrol vessel.

(2) When hailed and/or signaled by an

official patrol vessel, a spectator shall

come to an immediate stop. Vessels

shall comply with all directions given;

failure to do so may result in a citation.

(3) The Patrol Commander is

empowered to forbid and control the

movement of all vessels in the regulated

area. The Patrol Commander may

terminate the event at any time it is

deemed necessary for the protection of

life and/or property and can be reached

on VHF–FM Channel 16 by using the

call sign ‘‘PATCOM’’.

(C) Effective Dates. This rule is

effective from 9 a.m. June 28, 1996 to 7

p.m. June 30, 1996.

Dated: June 11, 1996.

R.C. North,

Rear Admiral, U.S. Coast Guard Commander,

Eighth Coast Guard District.

[FR Doc. 96–16598 Filed 6–27–96; 8:45 am]

BILLING CODE 4910–14–M

33 CFR Part 165

[CGD01–96–051]

RIN 2115–AA97

Safety Zone: 100th Anniversary of Fort

Hancock Fireworks Display, Sandy

Hook Bay, NJ

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone for

the ‘‘100th Anniversary of Fort

Hancock’’ fireworks display located in

Sandy Hook Bay, New Jersey. The safety

zone is in effect 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. The safety zone temporarily

closes all waters of Sandy Hook Bay

within a 330 yard radius of a fireworks

barge anchored approximately 700 yards

west of Sandy Hook Lighthouse.

EFFECTIVE DATE: This rule is effective

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

Saturday June 29, 1996. In case of

inclement weather, this rule is effective

on Sunday June 30, 1996, at the same

times, unless extended or terminated

sooner by the Captain of the Port, New

York.

FOR FURTHER INFORMATION CONTACT:

Lietenant John 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 a NPRM

and for making this regulation effective

less than 30 days after Federal Register

publication. Due to the date on which

complete information regarding this

event was received, there was

insufficient time to draft and publish a

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 Sandy

Hook Bay, New Jersey.

Background and Purpose

Fireworks By Grucci, Inc., submitted

an Application for Approval of Marine

Event to hold a fireworks display on the

waters of Sandy Hook Bay. The

fireworks program is being sponsored by

the Sandy Hook Foundation. This

regulation establishes a temporary safety

zone in all 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). The safety zone is in effect

from 9 p.m. until 10:45 p.m. on June 29,

1996, with a rain date of June 30, 1996,

at the same times, unless extended or

terminated sooner by the Captain of the

Port, New York. The safety zone

prevents vessels from transiting this

portion of Sandy Hook Bay, adjacent to

the western shoreline of Sandy Hook, in

the vicinity of Sandy Hook Lighthouse,

and is needed to protect mariners from

the hazards associated with fireworks

exploding in the area.