Federal Register / Vol. 62, No. 192 / Friday, October 3, 1997 / Rules and Regulations 51781

less than 30 days after Federal Register

publication. Following normal

rulemaking procedures could not be

done in a timely fashion because the full

parameters of the safety zone necessary

to accommodate the dredging for the

San Diego Channel project were not

known until a date fewer than 30 days

prior to the project start date. For these

reasons, the Coast Guard finds good

cause, under 5 U.S.C. 553(b)(B) and

(d)(3), that notice, and public procedure

on the notice, before the effective date

of this rule are unnecessary and that this

rule should be made effective in less

than 30 days after publication.

Background and Purpose

Dredging for the San Diego Channel

project officially begins on September 9,

1997. This safety zone is necessary for

safeguarding recreational and

commercial vessels from the dangers of

the dredging activities in the project

area and to prevent interference with

vessels and barges engaged in these

operations.

Discussion of Interim Rule

This rule creates a safety zone

pursuant to the Ports & Waterways

Safety Act, 33 U.S.C. 1221 et seq. All

persons and vessels are prohibited from

entering into, transmitting through or

anchoring within the safety zone unless

authorized by the Captain of the San

Diego, CA, or a designated

representative thereof.

Regulatory Evaluation

This interim 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

regulation to be so minimal that a full

Regulatory Evaluation under paragraph

10(e) of the regulatory policies and

procedures of the Department of

Transportation is unnecessary. Only

minor delays to mariners are foreseen as

vessel traffic can be easily diverted

around the area of the safety zone.

Small Entities

Under the Regulatory Flexibility Act

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

considers the economic impact on small

entities of each rule for which a general

notice of proposed rulemaking is

required. Small entities include small

businesses, not-for-profit organizations

that are independently owned and

operated and are not dominant in their

fields, and governmental jurisdictions

with populations of less than 50,000.

This rule does not require a general

notice of proposed rulemaking and,

therefore, is exempt from the

requirements of the Regulatory

Flexibility Act. Although this rule is

exempt, the Coast Guard has reviewed

it for potential economic impact on

small entities and determined that the

rule is not expected to have a significant

economic impact on any entity

regardless of its size.

Therefore, the Coast Guard believes

that this rule will not have a significant

economic impact on any small entities.

If, however, you think that your

business or organization qualifies as a

small entity and that this rule will have

a significant economic impact on your

business or organization, please submit

a comment (see ADDRESSES) explaining

why you think it qualifies and in what

way and to what degree this rule will

economically affect it.

Collection of Information

This interim rule does not provide for

a collection of information under the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501 et seq).

Federalism

The Coast Guard has analyzed this

interim 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 interim

rule and concluded that under

paragraph 2.B.2 of Commandant

Instruction M16475.1B, this rule is

categorically excluded from further

environmental documentation. This

regulation is expected to have no

significant effect on the environment.

List of Subjects in 33 CFR Part 165

Harbors, Marine Safety, Navigation

(water), Reporting and recordkeeping

requirements, Security measures,

Waterways.

Regulation

For the reasons discussed in the

preamble, the Coast Guard amends

subpart F of 33 CFR Part 165 as follows:

PART 165—REGULATED NAVIGATION

AREAS AND LIMITED ACCESS AREAS

1. The authority citation for Part 165

continues to read as follows:

Authority: 33 U.S.C. 1231; 50 U.S.C. 191;

and 33 CFR 1.05–1(g), 6.04–1, 6.04–6, and

160.5; 49 CFR 1.46.

2. Section 165.T11–040 is added to

read as follows:

§ 165.T11–040 Safety Zone: San Diego

Bay, CA

(a) Location. A safety zone shall exist

around the dredge Florida, 75 yards on

all sides when the dredge Florida is

within the navigable waters of San

Diego Bay, CA.

(b) Effective Date. This regulation will

be in effect from 6:00 a.m. PDT on

September 9, 1997 until 11:59 p.m., PDT

December 15, 1997, unless canceled

earlier by the Captain of the Port.

(c) Regulations. In accordance with

the general regulations in § 165.23 of

this part, entry into, transit through, or

anchoring within this safety zone is

prohibited unless authorized by the

Captain of the Port San Diego, CA, or a

designated representative thereof.

Dated: September 9, 1997.

J.A. Watson, IV,

Commander, U.S. Coast Guard, Captain of

the Port, San Diego, California.

[FR Doc. 97–26334 Filed 10–2–97; 8:45 am]

BILLING CODE 4910–14–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01–97–104]

RIN 2115–AA97

Security Zone Regulations: New

London Harbor, CT

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: The Coast Guard is

disestablishing two of four existing

security zones in the Thames River,

New London, Connecticut. Security

Zone A and Security Zone D are being

disestablished as these zones were used

to safeguard moored Navy vessels which

no longer moor at the facilities in these

areas. The two remaining security

zones, Security Zone B and Security

Zone C shall remain in effect and will

be renamed Security Zones A and B

respectively.

DATES: This final rule is effective

October 3, 1997.

ADDRESSES: Documents relating to this

final rule are available for inspection
51782 Federal Register / Vol. 62, No. 192 / Friday, October 3, 1997 / Rules and Regulations

and copying at U.S. Coast Guard Marine

Safety Office Long Island Sound, 120

Woodward Avenue, New Haven, CT

06512. Normal office hours are between

8:00 a.m. and 4:00 p.m., Monday

through Friday, except holidays.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Commander T. J. Walker,

Chief of Port Operations, Coast Guard

Marine Safety Office, Long Island Sound

at (203) 468–4444.

SUPPLEMENTARY INFORMATION:

Regulatory History

This rule is being published as a final

rule and is being made effective on the

date of publication. Pursuant to 5 U.S.C.

553, good cause exists for promulgating

this rule without a notice of proposed

rulemaking (NPRM) and for making this

rule effective less than 30 days after

publication in the Federal Register. The

facilities located in the areas protected

under the disestablished security zones

are no longer used by the Navy to moor

vessels and therefore the security zones

are of no further use. No purpose is

served by restricting the boating public’s

access to the facilities and surrounding

waters for a longer period of time due

to delays associated with the normal

rulemaking process. No adverse effects

upon local commerce and/or public

conveyances is expected under the

proposed regulation changes. For these

reasons, the Coast Guard finds good

cause, under 5 U.S.C. 553, that notice,

and public procedure on the notice,

before the effective date of this rule are

unnecessary and that this rule should be

made effective in less than 30 days after

publication.

Background and Purpose

Pursuant to consultations with the US

Navy and the State of Connecticut, this

final rule will remove two existing

security zones on the Thames River,

New London, Connecticut. Security

Zone A, (33 CFR 165.140(a)(1))

restricted access to the waters

surrounding the New London State Pier.

Security Zone D, (33 CFR 165.140(a)(4)),

restricted access to the waters

surrounding the former Naval

Underwater Warfare Center. These

zones were used to safeguard Navy

vessels moored at these facilities. The

facilities mentioned above are no longer

used by the Navy. The Navy stopped

using the State Pier in 1992 and

decommissioned the Naval Underwater

Warfare Center in 1996. Therefore, these

security zones are no longer necessary.

Security Zone B, (33 CFR

165.140(a)(2)), restricting access to the

waters surrounding General Dynamics’

Electric Boat facility and Security Zone

C, (33 CFR 165.140(a)(3)) restricting

access to the waters surrounding the

Naval Submarine Base shall remain in

effect.

Regulatory Evaluation

This final 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 rule to be so minimal that

a full Regulatory Evaluation under

paragraph 10e of the regulatory policies

and procedures of DOT is unnecessary.

For the reasons stated in the Regulatory

History, the Coast Guard expects the

economic impact of this regulation to be

minimal

Small Entities

Under the Regulatory Flexibility Act

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

considered whether this rule will have

a significant impact upon a substantial

number of small entities. Small entities

include small businesses, not-for-profit

organizations that are independently

owned and operated and are not

dominant in their fields, and

governmental jurisdictions with

populations less than 50,000. For the

reasons addressed under the Regulatory

History above, the Coast Guard finds

that this rule will not have a significant

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

This action has been analyzed in

accordance with the principles and

criteria contained in Executive Order

12612, and it has been determined that

the proposed 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 and

concluded that under section 2.B.2.e. 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

(waters), Reporting and Recordkeeping

requirements, Security measures,

Waterways.

For the reasons discussed 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;

49 CFR 1.46 and 33 CFR 1.05–1(g), 6.04–1,

6.04–6, and 160.50.

§ 165.140 [Amended]

2. Section 165.140 is amended as

follows:

a. Remove paragraph (a)(1).

b. Remove paragraph (a)(4).

c. Redesignate paragraphs (a)(2) and

(a)(3) as (a)(1) and (a)(2).

d. In the new paragraph (a)(1), and

remove the words ‘‘Security Zone B’’

and add, in their place, the words

‘‘Security Zone A’’.

e. In the new paragraph (a)(2), remove

the words ‘‘Security Zone C’’ and add,

in their place, the words ‘‘Security Zone

B’’.

f. In paragraph (b) remove the words

‘‘SECURITY ZONES A or B’’ and

replace them with the words

‘‘SECURITY ZONE A’’, and remove the

words ‘‘SECURITY ZONE B’’ and

replace them with ‘‘SECURITY ZONE

A’’.

Dated: September 16, 1997.

P.K. Mitchell,

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

Port, Long Island Sound.

[FR Doc. 97–26337 Filed 10–2–97; 8:45 am]

BILLING CODE 4910–14–M

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Part 1

RIN 2900–AI21

Disinterments From National

Cemeteries

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

SUMMARY: The Department of Veterans

Affairs (VA) is issuing a final rule to

amend regulations concerning

disinterments from national cemeteries.

Current regulations permit disinterment

of persons buried in a national cemetery

with the consent of immediate family