Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Rules and Regulations 23217 similar safety zones have been § 165.T01±026 Safety Zone: Fleet Week Delaware. The safety zone is necessary established for several past Fleet Week 1998 Parade of Ships, Port of New York and to protect spectators and other vessels parades of ships with minimal or no New Jersey. from the potential hazards associated disruption to vessel traffic or other (a) Location. The following are safety with the Super Loki Rocket Launch interests in the port. The Coast Guard zones: from Cape Henlopen State Park. certifies under 5 U.S.C. 605(b) that this (1) A moving safety zone including all DATES: This rule is effective May 9 and rule will not have a significant waters 500 yards ahead and astern, and May 10, 1998. economic impact on a substantial 200 yards on each side of the designated FOR FURTHER INFORMATION CONTACT: number of small entities. If, however, column of parade vessels as it transits Chief Petty Officer Ward, Project you think that your business or from the Verrazano Narrows Bridge Manager, Waterways and Waterfront organization qualifies as a small entity through the waters of the Hudson River Facilities Branch, at (215) 271–4888. to Riverbank State Park, between West and that this rule will have a significant SUPPLEMENTARY INFORMATION: In 137th and West 144th Streets, economic impact on it, please submit a accordance with 5 U.S.C. 553, a notice Manhattan, New York. comment explaining why you think it of proposed rulemaking (NPRM) was (2) A safety zone including all waters qualifies, and in what way and to what not published for this regulation and of the Hudson River between Piers 84 degree this rule will adversely affect it. good cause exists for making it effective and 88, Manhattan, New York, from the in less than 30 days after Federal Collection of Information parade column east to the Manhattan Register publication. Publishing a shoreline as the column passes by that This final rule does not provide for a NPRM and delaying its effective date area. collection-of-information under the would be contrary to the public’s (3) A moving safety zone including all Paperwork Reduction Act (44 U.S.C. interest because immediate action is waters within a 200 yard radius of each 3501 et seq.). needed to protect vessel traffic from the parade vessels from its turning point potential hazards associated with the Federalism near Riverbank State Park until the splashdown of the motor from a Super vessel is safely berthed. Loki Meteorological Rocket. The Coast Guard has analyzed this (b) Effective period. This section is rule in accordance with the principles effective from 9 a.m. to 4 p.m. on May Drafting Information: The principal and criterion contained in Executive 20, 1998. persons involved in drafting this Order 12612 and has determined that (c) Regulations. document are S. L. Phillips, Project this regulation does not have sufficient (1) The general regulations contained Manager, Operations Division, Auxiliary implications for federalism to warrant in 33 CFR 165.23 apply to this safety Section, Fifth Coast Guard District and the preparation of a Federalism zone. LTJG P. Markland, Project Counsel, Assessment. (2) All persons and vessels shall Maintenance and Logistics Command Atlantic, Legal Division. Environment comply with the instructions of the Coast Guard Captain of the Port or the Background and Purpose The Coast Guard considered the designated on scene patrol personnel. The Delaware Aerospace Education environmental impact of this rule and U.S. Coast Guard patrol personnel Foundation is launching a Super Loki concluded that, under 2.B.2.e.(34)(g) of include commissioned, warrant, and Meteorological Rocket from Cape Commandant Instruction M16475.1B (as petty officers of the Coast Guard. Upon Henlopen State Park for the purpose of revised by 59 FR 38654, July 29, 1994), being hailed by a U.S. Coast Guard collecting meteorological data. The this rule is categorically excluded from vessel via siren, radio, flashing light, or rocket payload will splash down in the further environmental documentation. other means, the operator of a vessel Atlantic Ocean approximately 22 A ‘‘Categorical Exclusion shall proceed as directed. nautical miles southeast of the launch Determination’’ is available in the Dated: April 13, 1998. point. The rocket motor is expected to docket for inspection or copying where L.M. Brooks, splash down within 2 nautical miles of indicated under ADDRESSES. Captain, U.S. Coast Guard, Captain of the the launch point. This safety zone is List of Subjects in 33 CFR Part 165 Port, New York, Acting. necessary to protect spectators and [FR Doc. 98–11227 Filed 4–27–98; 8:45 am] transiting vessels from the potential Harbors, Marine safety, Navigation BILLING CODE 4910±15±M hazards associated with the launch of (water), Reporting and recordkeeping the Super Loki Meteorological Rocket requirements, Security measures, and the subsequent splashdown of the Waterways. DEPARTMENT OF TRANSPORTATION rocket motor. Regulation Coast Guard Discussion of the Regulation For reasons set out in the preamble, This safety zone includes an 8 square 33 CFR Part 165 the Coast Guard amends 33 CFR part mile section of the Atlantic Ocean 165 as follows: [CGD 05±98±008] adjacent to the launch site at Cape Henlopen State Park in Delaware. PART 165Ð[AMENDED] RIN 2115±AA97 Specifically, the safety zone includes Safety Zone; Atlanta Ocean, Vicinity of the waters of the Atlantic Ocean that are 1. The authority citation for Part 165 Cape Henlopen State Park, DE within the area bounded by a line continues to read as follows: drawn north from the tip of Cape AGENCY: Coast Guard, DOT. Henlopen located at latitude 38°48.2′ Authority: 33 U.S.C. 1231; 50 U.S.C. 191; ° ′ ACTION: Temporary rule. North, longitude 75 05.5 West, to a 33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5; ° ′ 49 CFR 1.46. point located at latitude 38 49.4 North, SUMMARY: The Coast Guard is longitude 75°05.5′ West; then east to a 2. A temporary section, 165.T01–026, establishing a safety zone in the Atlantic point located at latitude 38°49.4′ North, is added to read as follows: Ocean near Cape Henlopen State Park, longitude 75°01.0′ West; then south to a 23218 Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Rules and Regulations point located at latitude 38°43.0′ North, dated 14 November 1997, this rule is DEPARTMENT OF TRANSPORTATION longitude 75°01.0′ West; then west to a categorically excluded from further point on the shoreline located at environmental documentation. Coast Guard latitude 38°43.0′ North, longitude List of Subjects in 33 CFR Part 165 75°04.5′ West. 33 CFR Part 165 This safety zone is necessary to Harbors, Marine safety, Navigation [COTP Los Angeles-Long Beach, 97±007] protect spectators and transiting vessels (water), Reporting and recordkeeping from the potential hazards associated requirements, Security measures, RIN 2115±AA97 Waterways. with the launch of the Super Loki Safety Zone: Los Angeles Harbor; San Meteorological Rocket and subsequent For the reasons set out in the Pedro Bay, CA splashdown of the rocket motor. The preamble, 33 CFR part 165 is amended safety zone is effective on May 9 and as follows: AGENCY: Coast Guard, DOT. May 10, 1998 and will be enforced on ACTION: Final rule. those days until the Coast Guard is PART 165Ð[AMENDED] SUMMARY: satisfied that the spent rocket no longer 1. The authority citation for part 165 The Coast Guard is adopting poses a hazard to mariners. The Coast continues to read as follows: as final with changes an interim rule Guard will announce via Broadcast that modified the locations of two safety Notice to Mariners the anticipated time Authority: 33 U.S.C. 1231; 50 U.S.C. 191; zones and created an additional moving 33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5; safety zone surrounding the Dredge of the launch. Vessels are prohibited 49 CFR 1.46. from transiting through the safety zone FLORIDA while engaged in dredging without first obtaining permission from 2. Section 165.T05.008 is added to operations associated with Stage II of the Captain of the Port, Philadelphia. read as follows: the Pier 400 project, in Los Angeles Harbor and San Pedro Bay, CA. Regulatory Evaluation § 165.T05.008 Safety Zone: Atlantic Ocean, Vicinity of Cape Henlopen State Park, DATES: This regulation is effective from This temporary rule is not a Delaware. 6 a.m. PDT on May 28, 1998 until 11:59 significant regulatory action under (a) Location. The following area is a PST on December 31, 1999. section 3(f) of Executive Order 12866 safety zone: All the waters of the ADDRESSES: Documents as indicated in and does not require an assessment of Atlantic Ocean that are within the area this preamble are available for potential costs and benefits under bounded by a line drawn north from the inspection or copying at the U.S. Coast section 6(a)(3) of that order. It has been tip of Cape Henlopen located at latitude Guard Marine Safety Office Los exempted from review by the Office of 38°48.2′ North, longitude 75°05.5′ West, Angeles-Long Beach, 165 N. Pico Management and Budget under that to a point located at latitude 38°49.4′ Avenue, Long Beach, CA 90802. order. It is not significant under the ° ′ North, longitude 75 05.5 West; thence FOR FURTHER INFORMATION CONTACT: regulatory policies and procedures of east to a point located at latitude the Department of Transportation (DOT) Lieutenant Keith Whiteman, Chief, Port 38°49.4′ North, longitude 75°01.0′ West; Safety and Security Division, Marine (44 FR 11040; February 26, 1979). The thence south to a point located at Coast Guard expects the economic Safety Office Los Angeles-Long Beach; latitude 38°43.0′ North, longitude (562) 980–4454. impact of this temporary rule to be so ° ′ 75 01.0 West; thence west to a point on SUPPLEMENTARY INFORMATION: minimal that a full Regulatory the shoreline located at latitude 38°43.0′ Evaluation under paragraph 10e of the North, longitude 75°04.5′ West. All Regulatory History regulatory policies and procedures of coordinates reference Datum: NAD On November 19, 1997, the Coast DOT is unnecessary. Because the 1983. regulated area is limited to 8 square Guard published an interim rule with (b) Effective Dates. This section is request for comments for this regulation miles and will only be enforced while effective May 9 and May 10, 1998. the rocket’s spent motor poses a hazard, in the Federal Register (62 FR 61630). (c) General Information. The public was given until January 20, the impact on routine navigation is (1) The Captain of the Port and the 1998, to comment on the regulation. No expected to be minimal. Duty Officer at the Marine Safety Office, public comments were received with Philadelphia, Pennsylvania, can be Collection of Information respect to the interim rule. contacted at telephone number (215) This temporary rule contains no 271–4940 and on VHF channels 13 and Background and Purpose Collection of Information requirements 16. In the interim rule, the Coast Guard under the Paperwork Reduction Act (44 (2) The Captain of the Port may U.S.C. 3501–3520). revised the safety zone boundaries authorize and designate any Coast codified in 33 CFR Part 165.1110 to Federalism Guard commissioned, warrant, or petty better conform with the location of officer to act on his behalf in enforcing The Coast Guard has analyzed this dredging and landfill activities this safety zone. associated with stage II of the Pier 400 temporary rule under the principles and (d) Regulation. The general project. The Coast Guard also added a criteria contained in Executive Order regulations governing safety zones third safety zone encompassing all 12612 and has determined that this contained in § 165.23 apply. Vessels navigable waters within 50 yards on all action does not have sufficient may not transit the safety zone without sides of the Dredge FLORIDA while it is federalism implications to warrant the first obtaining permission from the engaged in dredging operations relating preparation of a Federalism Assessment. Captain of the Port. to the Pier 400 project, provided the Environment Dated: April 3, 1998. FLORIDA is located within 3 nautical The Coast Guard considered the John E. Veentjer, miles of the baseline from which the environmental impact of this temporary Captain, U.S. Coast Guard, Captain of the United States’ territorial sea is rule and concluded that, under section Port, Philadelphia, PA. measured. The new safety zones will 2.b.2.b and item (34)(g) of Figure 2–1 of [FR Doc. 98–11225 Filed 4–27–98; 8:45 am] remain in effect for the duration of the Commandant Instruction M16475.1C BILLING CODE 4910±15±M Pier 400 project.