62734 Federal Register / Vol. 62, No. 227 / Tuesday, November 25, 1997 / Proposed Rules

Eleventh Coast Guard District staff

element responsible for Local Notice to

Mariners now reads: Commander (Pow),

Eleventh Coast Guard District, Coast

Guard Island, Building 50–6, Alameda,

CA 94501–5100.

Regulatory Evaluation

This proposed rule is not a significant

regulatory action under section 3(f) of

Executive Order 12866 and does not

require assessment of potential cost 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.

Small Entities

Under the Regulatory Flexibility Act

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

must consider whether this proposed

rule, if adopted, will have a significant

economic impact on a substantial

number of small entities. ‘‘Small

entities’’ may 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. Because it expects the impact of this

proposal to be so minimal, the Coast

Guard certifies under section 605(b) of

the Regulatory Flexibility Act (5 U.S.C.

601 et seq.) that this proposal, if

adopted, will not have a substantial

impact on a significant number of small

entities. If, however, you think that your

business or organization qualifies as a

small entity and this proposed 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

proposed rule will economically affect

it.

Collection of Information

This proposed 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 this

proposed 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 proposed

rule and concluded that under

paragraph 2.B.2 of Commandant

Instruction M16475.1B, it will have no

significant environmental impact and it

is categorically excluded from further

environmental documentation.

List of Subjects in 33 CFR Part 100

Regattas and Marine Parades.

Proposed Regulation

For the reasons discussed in the

preamble, the Coast Guard proposes to

amend 33 CFR Part 100, section

100.1101, as follows:

PART 100—MARINE EVENTS

1. The authority citation for Part 100

continues to read as follows:

Authority: 33 U.S.C. 1233 through 1236; 49

CFR 1.46; 33 CFR 100.35.

2. In § 100.1101 revise paragraph (a)

and amend Table 1 of that section by

adding an entry for the U.S. National

Waterski Racing Championship

immediately following the last entry to

read as follows:

§ 100.1101 Southern California annual

marine events.

(a) Special local regulations will be

established for the events listed in Table

1. Further information on exact dates,

times, details concerning number and

type of participants and an exact

geographical description of the areas are

published by the Eleventh Coast Guard

District in the Local Notice to Mariners

at least 20 days prior to each event. To

be placed on the mailing list contact:

Commander (pow), Eleventh Coast

Guard District, Coast Guard Island,

Building 50–6, Alameda, CA 94501–

5100.

* * * * *

Table 1

* * * * *

U.S. National Waterski Racing Championship

Sponsor: U.S. National Waterski Racing

Association.

Date: First Friday of October every year,

lasting a total of 3 days (including the

first Friday of October).

Location: Mission Bay, San Diego,

California, from Government Island

south to Ski Beach.

Dated: October 15, 1997.

J.C. Card,

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

Eleventh Coast Guard District.

[FR Doc. 97–30923 Filed 11–24–97; 8:45 am]

BILLING CODE 4910–14–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 110

[CGD11–97–007]

RIN 2115–AA98

Anchorage Regulations: San Diego

Harbor, CA

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard proposes the

establishment of several special

anchorages in San Diego Bay, California.

These areas are currently used as

temporary and long term anchorages. A

‘‘special anchorage’’ is an area on the

water where vessels less than 20 meters

(approximately 65 feet) in length are

allowed to anchor without displaying

navigation lights which are otherwise

required for anchored vessels under

Rule 30 of the Inland Navigational

Rules, codified at 33 U.S.C. 2030. The

intended effect of these special

anchorages is to reduce the risk of vessel

collisions within San Diego Bay by

specifying more special anchorage areas

which will provide designated moorings

for vessels less than 20 meters in length.

In addition, minor corrections to some

of the coordinates describing the corner

points of existing special anchorage

areas have been made in the proposed

regulations.

DATES: Comments must be received on

or before January 26, 1998.

ADDRESSES: Comments should be

mailed to Commanding Officer, Coast

Guard Marine Safety Office, 2716 North

Harbor Drive, San Diego, CA 92101,

(619) 683–6495. The comments and

other materials referenced in this notice

will be available for inspection and

copying at the above address. Normal

office hours are between 7:00 a.m. and

4:00 p.m., Monday through Friday

except holidays. Comments may also be

hand-delivered to this address.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Mike Arguelles, Marine

Safety Office San Diego, (619) 683–6484,

or Mike Van Houten, USCG, Pacific

Operations and Waterways Branch,

Eleventh Coast Guard District, (510)

437–2984.

SUPPLEMENTARY INFORMATION:

Request for Comments

Interested persons are invited to

participate in this proposed rulemaking

by submitting written views, data or

arguments to the office listed under

ADDRESSES in this preamble. Persons

submitting comments should include
Federal Register / Vol. 62, No. 227 / Tuesday, November 25, 1997 / Proposed Rules 62735

their names and addresses, identify the

docket number for the regulations

(CGD11–97–007), the specific section of

the proposal to which their comments

apply, and give reasons for each

comment. Receipt of comments will be

acknowledged if a stamped, selfaddressed postcard or envelope is

enclosed. The regulations may be

changed in light of the comments

received. All comments received before

the expiration of the comment period

will be considered before final action is

taken on this proposal. No public

hearing is planned, but one may be held

if written requests for a hearing are

received and it is determined that the

opportunity to make oral presentations

will aid in the rule making process.

Discussion of the Proposed Regulation

A ‘‘special anchorage’’ is an area on

the water in which vessels less than 20

meters (approximately 65 feet) in length

are allowed to anchor without

displaying navigation lights. Such lights

are otherwise required for anchored

vessels under Rule 30 of the Inland

Navigational Rules, codified at 33 U.S.C.

2030. The Coast Guard proposes to

establish 7 new special anchorage areas

(A–1a, A–1b, A–1c, A–4, A–6, A–8, &

A–9), and modify the 4 special

anchorage areas already in existence (A–

1, A–2, A–3, & A–5), as follows:

(A–1, A–1a, A–1b, A–1c) Shelter Island

Moorings, North San Diego Bay,

approximately 75 yards off shore and along

Shelter Island (for A–1, minor corrections

to some of the coordinates describing the

corner points of the special anchorage

area),

(A–2) America’s Cup Harbor, North San

Diego Bay, in the area known as

Commercial Basin (minor corrections to

some of the coordinates describing the

corner points of the special anchorage

area),

(A–3) Laurel Street Roadstead Moorings,

North San Diego Bay, east of the Coast

Guard Activities (minor corrections to

some of the coordinates describing the

corner points of the special anchorage

area),

(A–4) Bay Bridge Roadstead Moorings,

Central San Diego Bay, at the northwest

end of the Coronado Bridge,

(A–5) Glorietta Bay Anchorage, Central San

Diego Bay, across the bay from Naval

Amphibious Base (minor corrections to

some of the coordinates describing the

corner points of the special anchorage

area),

(A–6) Fiddlers Cove, South San Diego Bay,

just south of the Naval Amphibious Base,

(A–8) Sweetwater Anchorage, South San

Diego Bay, west of 24th Street Marine

Terminal, and

(A–9) Cruiser Anchorage, North San Diego

Bay, west of the Coast Guard Activities.

The primary users of these anchorages

are recreational vessels, with the

majority of them being long term users.

Some of the anchorages are depicted on

local charts, while all of them use buoys

to delineate their boundaries. By

establishing these areas as special

anchorages, the requirement of

displaying anchor lights and day shapes

will be removed for vessels less than 20

meters in length.

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 rule making does not have sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

Environmental Assessment

This proposal has been reviewed by

the Coast Guard and determined to be

categorically excluded from further

environmental documentation in

accordance with section 2.B.2 of

Commandant Instruction M16475.1B, as

revised in 59 FR 38654, July 29, 1994.

A Categorical Exclusion Determination

and Environmental Analysis Checklist

will be available for inspection and

copying in the docket to be maintained

at the address listed in ADDRESSES.

Regulatory Evaluation

This proposal 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

proposal to be so minimal that a full

Regulatory Evaluation under paragraph

10(e) of the regulatory policies and

procedures of DOT is unnecessary. This

proposal will impose no cost on vessel

operators, it will have minimal impact

on vessel traffic, and will provide

greater options to vessels desiring to

anchor in San Diego Bay.

Small Entities

Under 5 U.S.C. 601 et seq., known as

the Regulatory Flexibility Act, the Coast

Guard must consider whether this

proposal will have a significant

economic impact on a substantial

number of small entities. ‘‘Small

Entities’’ include independently owned

and operated small businesses that are

not dominant in their field and that

otherwise qualify as ‘‘small business

concerns’’ under section 3 of the small

Business Act (15 U.S.C. 632). Since the

impact of this proposal is expected to be

minimal, the Coast Guard certifies

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

proposal, if adopted, will not have a

significant economic impact on a

substantial number of small entities.

Collection of Information

This proposal imposes no collection

of information requirements under the

Paperwork Reduction Act.

List of Subjects in 33 CFR Part 110

Anchorage grounds.

Proposed Regulations

In consideration of the foregoing, the

Coast Guard proposes to amend part 110

of Title 33, Code of Federal Regulations

as follows:

PART 110—[REVISED]

1. The authority citation for part 110

continues to read as follows:

Authority: 33 U.S.C. 471, 2030, 2035, and

2071; 49 CFR 1.46 and 33 CFR 1.05–1(g).

Section 110.1a and each section listed in

110.1a is also issued under 33 U.S.C. 1223

and 1231.

1. Section 110.90 is revised to read as

follows:

§ 110.90 San Diego Harbor, California.

(a) Area A–1. In North San Diego Bay,

the Shelter Island Yacht Basin

Anchorage, the water area enclosed by

a line beginning at latitude 32°42′56.7′′

N., longitude 117°13′47.1′′ W.; thence

southwesterly to latitude 32°42′53.6′′ N.,

longitude 117°13′51.3′′ W.; thence

northwesterly to latitude 32°43′01.3′′ N.,

longitude 117°13′59.1′′ W.; thence

northeasterly to latitude 32°43′02.6′′ N.,

longitude 117°13′55.5′′ W.; thence

southeast to latitude 32°42′59.8′′ N.,

longitude 117°13′50.4′′ W.; thence

southeast to the point of beginning.

(b) Area A–1a. In North San Diego

Bay, the Shelter Island Roadstead

Anchorage east of Shelter Island, the

water area 55 feet either side of a line

beginning at latitude 32°42′33.6′′ N.,

longitude 117°13′48.3′′ W.; thence

northeast to latitude 32°42′36.0′′ N.,

longitude 117°13′45.1′′ W.

(c) Area A–1b. The water area off

Shelter Island’s eastern shore, 210 feet

shoreward of a line beginning at latitude

32°42′43.9′′ N., longitude 117°13′34.3′′

W.; thence northeast to latitude

32°42′52.8′′ N., longitude 117°13′22.4′′

W.

(d) Area A–1c. The water area off

Shelter Island’s eastern shore, 210 feet

shoreward of a line beginning at latitude

32°42′55.0′′ N., longitude 117°13′19.4′′

W.; thence northeast to latitude
62736 Federal Register / Vol. 62, No. 227 / Tuesday, November 25, 1997 / Proposed Rules

32°43′03.5′′ N., longitude 117°13′07.6′′

W.

(e) Area A–2. In North San Diego Bay,

the America’s Cup Harbor Anchorage,

the water area enclosed by a line

beginning at latitude 32°43′13.7′′ N.,

longitude 117°13′23.8′′ W.; thence

northeast to latitude 32°43′16.7′′ N.,

longitude 117°13′16.4′′ W.; thence

northwest to latitude 32°43′22.6′′ N.,

longitude 117°13′25.8′′ W.; thence west

to latitude 32°43′22.5′′ N., longitude

117°13′29.6′′ W.; thence southwest to

latitude 32°43′19.0′′ N., longitude

117°13′32.6′′ W.; thence southeast to the

point of beginning.

(f) Area A–3. In the North San Diego

Bay, the Laurel Street Roadstead

Anchorage, the water area enclosed by

a line beginning at latitude 32°43′30.5′′

N., longitude 117°10′28.5′′ W.; and

thence southwesterly to latitude

32°43′29.8′′ N., longitude 117°10′34.2′′

W.; and thence southwesterly to latitude

32°43′25.8′′ N., longitude 117°10′36.1′′

W.; and thence southerly to latitude

32°43′20.2′′ N., longitude 117°10′36.1′′

W.; thence westerly to latitude

32°43′20.2′′ N., longitude 117°10′52.9′′

W.; thence northeasterly to 32°43′29.8′′

N., longitude 117°10′48.0′′ W., thence

northeasterly following a line parallel

to, and 200 feet bayward of, the

shoreline of San Diego Bay adjoining

Harbor Drive to the point of beginning.

(g) Area A–4. In Central San Diego

Bay, the Bay Bridge Roadstead

Anchorage, the water enclosed by a line

beginning at latitude 32°41′32.1′′ N.,

longitude 117°09′43.1′′ W.; thence

southwesterly to latitude 32°41′19.1′′ N.,

longitude 117°09′46.1′′ W.; thence

southeasterly to latitude 32°41′17.8′′ N.,

longitude 117°09′44.3′′ W.; thence

southeasterly to latitude 32°41′14.9′′ N.,

longitude 117°09′37.9′′ W.; thence

northeasterly to latitude 32°41′26.9′′ N.,

longitude 117°09′35.1′′ W., thence

southwesterly to the point of beginning.

(h) Area A–5. In Central San Diego

Bay, the Glorietta Bay Anchorage, the

water area enclosed by a line beginning

at latitude 32°40′42.2′′ N., longitude

117°10′03.1′′ W.; thence southwesterly

to latitude 32°40′41.2′′ N., longitude

117°10′06.6′′ W.; thence northwesterly

to latitude 32°40′46.2′′ N., longitude

117°10′15.6′′ W.; thence northeasterly to

latitude 32°40′46.7′′ N., longitude

117°10′14.1′′ W.; thence southeasterly to

the point of beginning.

(i) Area A–6. In Fiddler’s Cove, the

water enclosed by a line beginning at

latitude 32°39′10.4′′ N., longitude

117°08′49.4′′ W.; thence northwesterly

to latitude 32°39′14.9′′ N., longitude

117°08′51.8′′ W.; thence northeasterly to

latitude 32°39′17.6′′ N., longitude

117°08′47.5′′ W.; thence northwesterly

to latitude 32°39′19.8′′ N., longitude

117°08′48.8′′ W.; thence northeasterly to

latitude 32°39′24.4′′ N., longitude

117°08′41.4′′ W., thence southeasterly to

latitude 32°39′15.7′′ N., longitude

117°08′36.0′′ W.; thence southwesterly

to the point of beginning.

Note: This area is located on Federal

Property owned by the United States, and it

is reserved for active duty military, their

dependents, retirees, and DOD employees

only.

(j) Area A–8. In South San Diego Bay,

the Sweetwater Anchorage, the water

enclosed by a line beginning at latitude

32°39′12.2′′ N longitude 117107′45.1′′

W.; thence easterly to latitude

32°39′12.2′′ N., longitude 117°07′30.1′′

W.; thence southerly to latitude

32°38′45.2′′ N., longitude 117°07′30.1′′

W.; thence westerly to latitude

32°38′45.2′′ N., longitude 117°07′45.1′′

W.; thence northerly to the point of

beginning.

(k) Area A–9. In North San Diego Bay,

the Cruiser Anchorage, the water

enclosed by a line beginning at latitude

32°43.35.9′′ N., longitude 117°11′06.2′′

W.; thence southwesterly to latitude

32°43′31.5′′ N., longitude 117°11′13.2′′

W.; thence southeasterly to latitude

32°43′28.9′′ N., longitude 117°11′11.0′′

W.; thence southeasterly to latitude

32°43′25.9′′ N., longitude 117°11′07.7′′

W.; thence northeasterly to latitude

32°43′34.8′′ N., longitude 117°11′03.2′′

W.; thence northwesterly to the point of

beginning. All coordinates referred use

Datum: NAD 83.

Note: Mariners anchoring in these

anchorages, excluding Anchorage A–6,

should consult applicable local ordinances of

the San Diego Unified Port District.

Temporary floats or buoys for marking

anchors are allowed. Fixed moorings, piles or

stakes are prohibited. All moorings shall be

so that no vessel, when anchored, shall at

any time extend beyond the limits of the

area.

Dated: October 6, 1997.

J.C. Card,

Vice Admiral, U.S. Coast Guard Commander,

Eleventh Coast Guard District.

[FR Doc. 97–30898 Filed 11–24–97; 8:45 am]

BILLING CODE 4910–14–M

DEPARTMENT OF DEFENSE

DEPARTMENT OF TRANSPORTATION

Coast Guard

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Part 21

RIN 2900–AH88

Election of Education Benefits

AGENCIES: Department of Defense,

Department of Transportation (Coast

Guard), and Department of Veterans

Affairs.

ACTION: Proposed rule.

SUMMARY: This document proposes to

amend the Department of Veterans

Affairs (VA) educational assistance and

educational benefits regulations relating

to certain elections between benefits.

VA has provided by regulation that after

a veteran seeks to make an election to

have service in the Selected Reserve

credited toward payment under the

Montgomery GI Bill—Selected Reserve

(MGIB–SR) program or under the

Montgomery GI Bill—Active Duty

(MGIB–AD) program, the election will

take effect when the individual has

negotiated a check issued under the

program she or he has elected. In order

to adapt the current rules to the new

system of electronic transfers, it is

proposed to change these election

provisions to make the election effective

either upon negotiation of a check or

electronic receipt of education benefits.

VA has provided by regulation that an

election to receive benefits under

Survivors’ and Dependents’ Educational

Assistance (DEA) for a program of

education rather than pension,

compensation, or Dependency and

Indemnity Compensation (DIC) will take

effect when the individual has

commenced a program of education and

negotiated a check issued under the

program she or he has elected. In order

to adapt the current rule to the new

system of electronic transfers and to

ensure that decisions are made with

knowledge, it is proposed to change

these election provisions to require a

written election to be submitted and to

make the election effective either upon

negotiation of a check or electronic

receipt of education benefits.

Nonsubstantive changes would also be

made for purposes of clarity and to

reflect current statutory codification and

authority. The proposed requirements

for individuals to make elections before

receiving certain benefit payments

constitute collections of information.