67264 Federal Register / Vol. 65, No. 218 / Thursday, November 9, 2000 / Rules and Regulations

‘‘CBTPA beneficiary country’’ is

corrected to read:

* * * * *

CBTPA beneficiary country. ‘‘CBTPA

beneficiary country’’ means a

‘‘beneficiary country’’ as defined in

§ 10.191(b)(1) for purposes of the

CBERA which the President also has

designated as a beneficiary country for

purposes of preferential duty treatment

of articles under 19 U.S.C. 2703(b)(3)

and which has been the subject of a

finding by the President or his designee,

published in the Federal Register, that

the beneficiary country has satisfied the

requirements of 19 U.S.C.

2703(b)(4)(A)(ii).

* * * * *

Dated: November 3, 2000.

John P. Simpson,

Deputy Assistant Secretary of the Treasury.

[FR Doc. 00–28772 Filed 11–06–00; 4:01 pm]

BILLING CODE 4820–02–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD 07–00–107]

RIN 2115–AE46

Special Local Regulation; Charleston

Christmas Parade of Boats, Charleston

Harbor, SC

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: The Coast Guard is revising

the parade route for the Charleston

Christmas Parade of Boats. The change

in the parade route is necessary to

provide improved viewing for the

spectators, to reduce the impact on

commercial traffic in Charleston Harbor

and to provide for the safety of life on

the navigable waters during the event.

DATES: This rule is effective December

11, 2000.

ADDRESSES: Comments and material

received from the public, as well as

documents indicated in this preamble as

being available in the docket, are part of

docket CGD 07–00–107 and are

available for inspection or copying at

Commander, Seventh Coast Guard

District, 909 S.E. 1st Street, Suite 918,

Miami, Florida 33131, between 9 a.m.

and 4 p.m., Monday through Friday,

except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

QMC David Jersey Coast Guard Group

Charleston, South Carolina at (843) 724–

7600.

SUPPLEMENTARY INFORMATION:

Regulatory Information

We did not publish a notice of

proposed rulemaking (NPRM) for this

regulation. Under 5 U.S.C. 553(b)(B), the

Coast Guard finds that good cause exists

for not publishing an NPRM. Publishing

a NPRM is impracticable as we were

only recently informed of the change in

parade route, and these regulations are

needed to provide for the safety of life

on navigable waters during the event.

Background and Purpose

Each year a Christmas boat parade is

held in Charleston Harbor, South

Carolina. We previously issued a

permanent special local regulation for

this event, at 33 CFR 100.721. Under

this regulation the parade route started

near the Wando River Terminal, and

proceeded south past the Cooper River

Bridge, and then around the peninsula

and up the Ashley River and ending at

City Marina. The parade route is

changing this year in order to provide

improved viewing for the spectators, to

reduce the impact on commercial traffic

in Charleston Harbor and to provide for

the safety of life on the navigable waters

during the event. This year the parade

starts in the Middle Ground, a more

open area, proceeds generally north

west towards Town Creek, and then

southerly around the peninsula as in

previous years.

Regulatory Evaluation

This 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. The Office of Management and

Budget has not reviewed it 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 rule is only effective for 4 hours on

the day of the parade, and will expire

thereafter.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601–612), we considered

whether this rule would have a

significant economic impact on a

substantial number of small entities.

The term ‘‘small entities’’ comprises

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.

The Coast Guard certifies under 5

U.S.C. 605(b) that this rule will not have

a significant economic impact on a

substantial number of small entities.

This rule may affect the following

entities, some of which may be small

entities: the owners or operators of

vessels intending to transit or anchor in

a portion of Charleston Harbor from 4:30

p.m. to 8:30 p.m. on December 9, 2000.

This special local regulation will not

have a significant economic impact on

a substantial number of small entities

for the following reasons. This

regulation will only be in effect a total

of four hours on the day of the event.

Further, the parade route is configured

to minimize the impact on commercial

traffic and vessel traffic can pass around

the parade route.

Assistance for Small Entities

Under section 213(a) of the Small

Business Regulatory Enforcement

Fairness Act of 1996 (Pub. L. 104–121),

we offered to assist small entities in

understanding the rule so that they

could better evaluate its effects on them

and participate in the rulemaking

process. If the rule will affect your small

business, organization, or government

jurisdiction and you have questions

concerning its provisions or options for

compliance, please contact the person

listed under FOR FURTHER INFORMATION

CONTACT for assistance in understanding

this rule.

Small businesses may send comments

on the actions of Federal employees

who enforce, or otherwise determine

compliance with, Federal regulations to

the Small Business and Agriculture

Regulatory Enforcement Ombudsman

and the Regional Small Business

Regulatory Fairness Boards. The

Ombudsman evaluates these actions

annually and rates each agency’s

responsiveness to small business. If you

wish to comment on actions by

employees of the Coast Guard, call 1–

888–REG–FAIR (1–888–734–3247).

Collection of Information

This rule calls for no new collection

of information under the Paperwork

Reduction Act of 1995 (44 U.S.C. 3501–

3520).

Federalism

We have analyzed this rule under

Executive Order 13132 and have

determined that this rule does not have

implications for federalism under that

Order.

Federal Register / Vol. 65, No. 218 / Thursday, November 9, 2000 / Rules and Regulations 67265

Unfunded Mandates Reform Act

The Unfunded Mandates Reform Act

of 1995 (2 U.S.C. 1531–1538) governs

the issuance of Federal regulations that

require unfunded mandates. An

unfunded mandate is a regulation that

requires a State, local, or tribal

government or the private sector to

incur direct costs without the Federal

Government’s having first provided the

funds to pay those unfunded mandate

costs. This rule will not impose an

unfunded mandate.

Taking of Private Property

This rule will not effect a taking of

private property or otherwise have

taking implications under E.O. 12630,

Governmental Actions and Interference

with Constitutionally Protected Property

Rights.

Civil Justice Reform

This rule meets applicable standards

in sections 3(a) and 3(b)(2) of E.O.

12988, Civil Justice Reform, to minimize

litigation, eliminate ambiguity, and

reduce burden.

Protection of Children

We have analyzed this rule under E.O.

13045, Protection of Children from

Environmental Health Risks and Safety

Risks. This rule is not an economically

significant rule and does not concern an

environmental risk to health or risk to

safety that may disproportionately affect

children.

Environment

The Coast Guard considered the

environmental impact of this rule and

concluded that under figure 2–1,

paragraph 34(h), of Commandant

Instruction M16475.lC, 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.

In consideration of the foregoing, the

Coast Guard amends 33 CFR Part 100 as

follows:

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 § 100.721 revise paragraph (a)(2)

to read as follows:

§ 100.721 Charleston Christmas Parade of

Boats, Charleston Harbor, SC.

(a) * * *

(2) Parade Route. The parade will

organize in the Middle Ground, north of

Charleston South Channel. The parade

will proceed north along the west edge

of Commercial Anchorage A, entering

Rebellion Reach in the vicinity of

Charleston HBR N Chan LB 2 (Light List

Number 2505) at approximate position

32°46.3′N, 079°53.3′W, thence

proceeding up Folly Shutes, and Horse

Reach to approximately two-tenths of a

nautical mile north of USS Yorktown at

position 32°47.7′N, 079°54.7′W, thence

across Hog Island Reach near Charleston

Harbor N. Channel LB 11 (Light List

Number 2529) at approximate position

32°47.6′N, 079°55.1′W, entering Town

Creek Lower reach near Town Creek

Chan LB2 (Light List Number 2715) at

approximate position 32°47.7′N,

079°55.5′W thence south to 32°45.7′N,

079°55.3′W (approximately one half

nautical mile southeast of Battery

Point), thence up the Ashley River, and

continuing to the finishing point at City

Marina (32°46.6′N, 079°57.2′W). All

coordinates referenced use datum: NAD

1983.

* * * * *

Dated: October 27, 2000.

G.W. Sutton,

U.S. Coast Guard, Acting Commander,

Seventh Coast Guard District.

[FR Doc. 00–28535 Filed 11–8–00; 8:45 am]

BILLING CODE 4910–15–P

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Part 21

RIN 2900–AJ90

Miscellaneous Montgomery GI Bill

Eligibility and Entitlement Issues

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

SUMMARY: This document amends

regulations concerning eligibility for

and entitlement to educational

assistance under the Montgomery GI

Bill—Active Duty (MGIB). The

regulations are amended to correctly

restate statutory provisions.

DATES: Effective Date: This final rule is

effective November 9, 2000.

FOR FURTHER INFORMATION CONTACT:

William G. Susling, Jr., Education

Assistant Director for Policy and

Program Development (225), Veterans

Benefits Administration, Department of

Veterans Affairs, (202) 273–7187.

SUPPLEMENTARY INFORMATION: This

document makes changes to correctly

restate statutory provisions as discussed

below.

• Section 21.7020 is corrected to

show that VA will consider an initial

period of active duty of not more than

12 months that results in a hardship

discharge to be continuous with a

subsequent period of active duty.

• Section 21.7042 is revised to correct

the eligibility criteria an individual

must meet if that individual is

attempting to establish eligibility for

MGIB by serving two years on active

duty followed by four years in the

Selected Reserve. Such an individual is

exempt from serving those four years if

he or she was discharged from the

Selected Reserve for a condition that

interfered with the performance of duty

and which was not the result of his or

her own willful misconduct. That

individual does not have to meet the

otherwise applicable deadline for

obtaining a high school diploma if he or

she was on active duty on August 2,

1990, and completed the requirements

for the diploma or the equivalent before

October 29, 1994.

• Section 21.7044 is revised to correct

the eligibility criteria an individual

must meet if he or she was formerly

eligible for educational assistance under

the Vietnam Era GI Bill. That individual

does not have to meet the otherwise

applicable deadline for obtaining a high

school diploma if he or she was on

active duty on August 2, 1990, and

completed the requirements for the

diploma or the equivalent before

October 29, 1994.

• Section 21.7073 is revised to

expand the categories of individuals to

whom the provisions of the section for

deciding on the amount of an

individual’s entitlement apply. The

provisions apply to individuals who

between December 1, 1988, and June 30,

1989, withdrew an election not to enroll

in MGIB and were discharged from the

period of service they were obligated to

serve on December 1, 1988, for a

condition that interfered with the

performance of duty and which was not

the result of his or her own willful

misconduct.

Nonsubstantive changes also are made

for the purpose of clarity.

Changes made by this final rule

merely restate statutory language.

Accordingly, there is a basis for

dispensing with prior notice and

comment and delayed effective date

provisions of 5 U.S.C. 552 and 553.

The Secretary of Veterans Affairs

hereby certifies that this final rule will

not have a significant economic impact

on a substantial number of small entities

as they are defined in the Regulatory

Flexibility Act, 5 U.S.C. 601–612. This

final rule directly affects only

individuals and does not directly affect

small entities. Pursuant to 5 U.S.C.

605(b), this final rule, therefore, is

exempt from the initial and final