Federal Register / Vol. 62, No. 35 / Friday, February 21, 1997 / Proposed Rules 7969

Department or Agency concerned. The

lease term should be based on the needs

of the Federal entity.

(ii) The lease, or any renewals or

extensions thereof, shall not require

rental payments.

(iii) The lease shall not require the

Federal Government to pay the LRA or

other local government entity for

municipal services including fire and

police protection.

(iv) The Federal Department or

Agency concerned may be responsible

for services such as janitorial, grounds

keeping, utilities, capital maintenance,

and other services normally provided by

a landlord. Acquisition of such services

by the Federal Department or Agency is

to be accomplished through the use of

Federal Acquisition Regulation

procedures or otherwise in accordance

with applicable statutory and regulatory

requirements.

(v) The lease shall include a provision

prohibiting the LRA from transferring

ownership rights to another entity

during the term of the lease, other than

one of the political jurisdictions that

comprise the LRA, without the written

consent of the Federal Department or

Agency occupying the leaseback

property.

(vi) The lease shall include a

provision specifying that if the Federal

Department or Agency concerned no

longer needs the property before the

expiration of the term of the lease, the

remainder of the lease term may be

satisfied by the same or another Federal

Department or Agency using the leased

property for a use similar to the use

under the lease.

(A) The General Services

Administration shall assist with

identifying other Federal interest in

leasing the property.

(B) Prior to exercising such provision,

the Federal Department or Agency shall

consult with the LRA concerned, or the

elected body with jurisdiction over the

property if the LRA no longer exists.

(vii) The terms of the lease shall

provide that the Federal Department or

Agency may repair, improve, and

maintain the property at its expense

without the approval of the LRA.

(11) Conveyance to an LRA under this

authority shall be in one of the

following ways:

(i) Lease back property that is to be

conveyed under an Economic

Development Conveyance (EDC) shall

be conveyed as part of the EDC in

accordance with the existing EDC

procedures and § 175.7(k)(11)(ii)(B)(4).

The LRA shall submit the following in

addition to the application requirements

outlined in § 175.7(e)(5):

(A) A description of the parcel or

parcels the LRA proposes to have

transferred to it and then to lease back

to a Federal Department or Agency;

(B) A written statement signed by an

authorized representative of the Federal

entity that it agrees to accept a leaseback

of the property; and,

(C) A statement explaining why a

leaseback is necessary for the long-term

economic redevelopment of the

installation property.

(ii) Leaseback property not associated

with property to be conveyed under an

EDC shall be conveyed in accordance

with the following procedures:

(A) As soon as possible after the

LRA’s submission of its redevelopment

plan to the DoD and HUD, the LRA shall

submit a request for a leaseback to the

Military Department. The Military

Department may impose additional

requirements as necessary, but at a

minimum, the request shall contain the

following:

(1) A description of the parcel or

parcels the LRA proposes to have

transferred to it and then to lease back

to a Federal Department or Agency;

(2) A written statement signed by an

authorized representative of the Federal

entity that it agrees to accept a leaseback

of the property; and,

(3) A statement explaining why a

leaseback is necessary for the long-term

economic redevelopment of the

installation property.

(B) The transfer may be for

consideration at or below the estimated

present fair market value. In those

instances in which the property is

conveyed for consideration below the

estimated present fair market value, the

Military Department shall prepare a

written explanation of why the

estimated present fair market value was

not obtained.

(1) In a rural area, the transfer shall

comply with § 175.7(f)(5).

(2) Payment may be in cash or inkind.

(3) The Military Department shall

determine the estimated present fair

market value of the property before

transfer under this authority.

(4) The exact amount of

consideration, or the formula to be used

to determine that consideration, as well

as the schedule for payment of

consideration must be agreed upon in

writing before transfer under this

authority.

Dated: February 18, 1997.

L.M. Bynum,

Alternate OSD Federal Register Liaison

Officer, Department of Defense.

[FR Doc. 97–4333 Filed 2–20–97; 8:45 am]

BILLING CODE 5000–04–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD 05–97–007]

RIN 2115–AE46

Special Local Regulations for Marine

Events; Norfolk Harbor, Elizabeth

River, Norfolk, Virginia and

Portsmouth, Virginia

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard proposes to

amend permanent special local

regulations established for marine

events held in the Norfolk Harbor,

Elizabeth River, between Norfolk and

Portsmouth, Virginia by identifying

specific annual events for which the

regulated area will be in effect. This

action is intended to update the

regulation in order to enhance the safety

of life and property during the events.

DATES: Comments must be received on

or before April 22, 1997.

ADDRESSES: Comments may be mailed to

Commander (Aosr), Fifth Coast Guard

District, 431 Crawford Street,

Portsmouth, Virginia 23704–5004, or

hand delivered to Room 516 at the same

address between 7:30 a.m. and 5 p.m.,

Monday through Friday, except Federal

holidays. The telephone number is (757)

398–6204. Comments will become part

of this docket and will be available for

inspection and copying at the above

address.

FOR FURTHER INFORMATION CONTACT:

S.L. Phillips, Project Manager, Search

and Rescue Branch, at (757) 398-6204.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages

interested persons to participate in this

rulemaking by submitting written views,

data, or arguments. Persons submitting

comment should include their names

and addresses, identify this rulemaking

(CGD 05–97–007) and the specific

section of this proposal to which each

comment applies, and give the reason

for each comment. Please submit two

copies of all comments and attachments

in an unbound format, no larger than

81⁄2 by 11 inches, suitable for copying

and electronic filing. Persons wanting

acknowledgement of receipt of

comments should enclose stamped, selfaddressed postcards or envelopes. The

Coast Guard will consider all comments

received during the comment period. It

may change this proposal in view of the

comments.
7970 Federal Register / Vol. 62, No. 35 / Friday, February 21, 1997 / Proposed Rules

The Coast Guard plans no public

hearing. Persons may request a public

hearing by writing to the address listed

under ADDRESSES. The request should

include the reasons why a hearing

would be beneficial. If it determines that

the opportunity for oral presentations

will aid this rulemaking, the Coast

Guard will hold a public hearing at a

time and place announced by a later

notice in the Federal Register.

Background and Purpose

33 CFR 100.501 established special

local regulations for marine events held

in the Norfolk Harbor, Elizabeth River,

between Norfolk and Portsmouth,

Virginia. The effect of these regulations

is the control of vessel traffic during

marine events to enhance the safety of

participants, spectators, and transiting

vessels. The regulations are

implemented at various times, for

various events throughout the year by

publishing notice in the Federal

Register and the Fifth Coast Guard

District Local Notice to Mariners. This

proposal would update the regulations

to reflect specific events for which the

regulations will be in effect.

Discussion of Proposed Rule

The Coast Guard proposes to amend

the special local regulations previously

established for this event area by

incorporating a table which identifies

the specific events during which the

regulated area will be in effect. Since

this action will not increase the period

of time that the channel is restricted and

the Coast Guard patrol commander may

stop any event to assist transit of vessels

through the regulated area, normal

marine traffic should not be severely

disrupted.

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

10e of the regulatory policies and

procedures of DOT is unnecessary. This

proposal merely provides additional

information to an existing regulation

and does not impose any new

restrictions on vessel traffic.

Small Entities

Under the Regulatory Flexibility Act

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

must consider whether this proposal, if

adopted, 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 (14 U.S.C. 632). Because it

expects the impact of this proposal 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 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

proposal under the principles and

criteria contained in Executive Order

12612 and has determined that this

proposal does not have sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

Environment

The Coast Guard considered the

environmental impact of this proposal

and concluded that, under section

2.b.2.e(34)(h) of Commandant

Instruction M16475.1b (as amended, 61

FR 13564; 27 March 1996), this proposal

is categorically excluded from further

environmental documentation.

List of Subjects in 33 CFR Part 100

Marine safety, Navigation (water),

Reporting and recordkeeping

requirements, Waterways.

For the reasons set out in the

preamble, the Coast Guard proposes to

amend 33 CFR Part 100 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.

2. Section 100.501 is amended by

revising paragraph (c) and adding Table

1 to read as follows:

§ 100.501 Norfolk Harbor, Elizabeth River,

Norfolk, Virginia and Portsmouth, Virginia.

* * * * *

(c) Effective periods. This section is

effective annually for the duration of

each marine event listed in Table 1, or

as otherwise specified in the Coast

Guard Local Notice to Mariners and a

Federal Register notice. The Coast

Guard Patrol Commander will announce

by Broadcast Notice to Mariners the

specific time periods during which the

regulations will be enforced.

Table 1 of § 100.501

Harborfest

Sponsor: Norfolk Harborfest, Inc.

Date: First Friday, Saturday, and Sunday in

June

Great American Picnic

Sponsor: Festevents, Inc.

Date: July 4

Cock Island Race

Sponsor: Ports Events, Inc.

Date: Third Saturday in July

Rendezvous at Zero Mile Marker

Sponsor: Ports Events, Inc.

Date: Third Saturday in August

U.S. Navy Fleet Week Celebration

Sponsor: U.S. Navy

Date: Second Friday in October

Holidays in the City

Sponsor: Festevents, Inc.

Date: Fourth Saturday in November

New Years Eve Fireworks Display

Sponsor: Festevents, Inc.

Date: December 31.

Dated: February 5, 1997.

Kent H. Williams,

Vice Admiral, U.S. Coast Guard Commander,

Fifth Coast Guard District.

[FR Doc. 97–4359 Filed 2–20–97; 8:45 am]

BILLING CODE 4910–14–M

33 CFR Part 100

[CGD 05–97–004]

RIN 2115–AE46

Special Local Regulations for Marine

Events; Southern Branch, Elizabeth

River, Portsmouth, Virginia

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard proposes to

amend permanent special local

regulations for the Crawford Bay Crew

Classic, a marine event held annually in

the Southern Branch, Elizabeth River,

Portsmouth, Virginia, by changing the

dates on which the regulations are in

effect. This action is intended to update

the regulation in order to enhance the

safety of life and property during the

event.

DATES: Comments must be received on

or before March 24, 1997.

ADDRESSES: Comments may be mailed to

Commander (Aosr), Fifth Coast Guard

District, 431 Crawford Street,