17702 Federal Register / Vol. 62, No. 70 / Friday, April 11, 1997 / Rules and Regulations

(ii) Pursuant to § 1.41(c), a rule

submitted pursuant to section

5a(a)(12)(A) of the Act and § 1.41(c) for

implementation without Commission

approval constitutes a rule that requires

prior Commission approval pursuant to

a specific section of the Act or

Commission regulations;

(3) Pursuant to § 1.41(c) to determine,

and to notify a contract market, that:

(i) Rules submitted for

implementation without Commission

approval under § 1.41(c) do not require

prior Commission approval under

section 5a(a)(12)(A) of the Act and

§ 1.41(b) or § 1.41(c) and that such rules

may become effective prior to the

expiration of the ten day period

following the receipt of such rules by

the Commission;

(ii) Rules submitted for Commission

approval under § 1.41(c) do not require

prior Commission approval under

section 5a(a)(12)(A) of the Act and

§ 1.41(b) or § 1.41(c) and may be made

effective at the expiration of the

applicable review period;

(iii) Rules submitted for Commission

approval under § 1.41(c) raise novel or

complex issues, or are of major

economic significance, and that the

review period has been extended

pursuant to § 1.41(c)(1)(iii); and

* * * * *

Issued in Washington, D.C., on April 7,

1997, by the Commission.

Jean A. Webb,

Secretary of the Commission.

[FR Doc. 97–9398 Filed 4–10–97; 8:45 am]

BILLING CODE 6351–01–P

COMMODITY FUTURES TRADING

COMMISSION

17 CFR Part 11

Delegation of Authority To Conduct

Investigations in Assistance of Foreign

Futures Authorities

AGENCY: Commodity Futures Trading

Commission.

ACTION: Final rules.

SUMMARY: The Commission is amending

certain provisions of the Commission’s

Regulations to formalize the authority of

the Director of the Division of

Enforcement to conduct investigations

in assistance of foreign futures

authorities. The purpose of the

amendments is to set forth agency

procedure and practice with respect to

conducting such investigations.

DATES: Effective: April 11, 1997.

FOR FURTHER INFORMATION CONTACT:

Ethiopis Tafara, International

Operations Attorney, Division of

Enforcement, US Commodity Futures

Trading Commission, Three Lafayette

Centre, 1155 21st Street, NW,

Washington, DC 20581. Telephone (202)

418–5362.

SUPPLEMENTARY INFORMATION: Sections

6(c) and 8 of the Commodity Exchange

Act as amended, 7 U.S.C. §§ 12, 15

(1994), authorize the Commission to

investigate violations of the Act and

Commission regulations and orders. Part

11 of the Commission Rules delegates

this authority to the Division of

Enforcement. In the Futures Trading

Practice Act of 1992, Pub. L. 102–546,

106 Stat. 3590, Congress added Section

12(f) of the Commodity Exchange Act, 7

U.S.C. § 16(f) (1994), authorizing the

Commission to conduct investigations

in assistance of foreign futures

authorities. The Commission has

amended Part 11 of the Commission

Rules formally to authorize the Director

of the Division of Enforcement to

conduct these investigations. The

amended Rules are not substantive in

content and simply set forth agency

procedure and practice with respect to

investigations conducted in assistance

of foreign futures authorities.

Consequently, the Commission is not

seeking public comment. Similarly, the

Commission finds good cause to make

these amendments effective

immediately.

List of Subjects in 17 CFR Part 11

Investigations.

PART 11—[AMENDED]

For the reasons set forth above, Part

11 of Title 17 of the Code of Federal

Regulations is amended as follows:

1. The authority citation for Part 11 is

revised as follows:

Authority: 7 U.S.C. 4a(j), 9 and 15, 12,

12a(5), 12(f).

2. Section 11.1 is revised as follows:

§ 11.1 Scope and applicability of rules.

The rules of this part apply to

investigatory proceedings conducted by

the Commission or its staff pursuant to

Sections 6(c) and 8 and 12(f) of the

Commodity Exchange Act, as amended,

7 U.S.C. 9 and 15 and 12 and 16(f)

(1994), to determine whether there have

been violations of that Act, or the rules,

regulations or orders adopted

thereunder, or, in accordance with the

provisions of Section 12(f) of the Act,

whether there have been violations of

the laws, rules or regulations relating to

futures or options matters administered

or enforced by a foreign futures

authority, or whether an application for

designation or registration under the Act

should be denied.

3. Section 11.2, paragraph (a) is

revised as follows:

§ 11.2 Authority to conduct investigations.

(a) The Director of the Division of

Enforcement and members of the

Commission staff acting pursuant to his

authority and under his direction may

conduct such investigations as he deems

appropriate to determine whether any

persons have violated, are violating, or

are about to violate the provisions of the

Commodity Exchange Act, as amended,

or the rules, regulations or orders

adopted by the Commission pursuant to

that Act, or, in accordance with the

provisions of Section 12(f) of the Act,

whether any persons have violated, are

violating or are about to violate the

laws, rules or regulations relating to

futures or options matters administered

or enforced by a foreign futures

authority, or whether an applicant for

registration or designation meets the

requisite statutory criteria.

* * * * *

Issued in Washington, DC on March 28,

1997, by the Commission.

Jean A. Webb,

Secretary of the Commission.

[FR Doc. 97–9399 Filed 4–10–97; 8:45 am]

BILLING CODE 6351–01–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD07–97–005]

RIN 2115–AE46

Special Local Regulations; Charleston

to Bermuda Sailboat Race, Charleston,

SC

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing temporary special local

regulations for the Charleston to

Bermuda Sailboat Race. The race will

start on May 11, 1997, between the

hours of 11 a.m. and 3 p.m. Eastern

Daylight Time (EDT) near Waterfront

Park on the Charleston Peninsula, and

will transit out to sea by the South,

Mount Pleasant, and Fort Sumter

Ranges in Charleston Harbor. The nature

of the event and the closure of portions

of Charleston Harbor creates an extra or

unusual hazard on the navigable waters

of Charleston Harbor, Charleston, SC.

These regulations are necessary for the

safety of life on the navigable waters

during the event.
Federal Register / Vol. 62, No. 70 / Friday, April 11, 1997 / Rules and Regulations 17703

EFFECTIVE DATE: These regulations

become effective 10 a.m. and terminate

3 p.m. on May 11, 1997.

FOR FURTHER INFORMATION CONTACT:

ENS M.J. DaPonte, Project Officer, Coast

Guard Group Charleston at (803) 724–

7621.

SUPPLEMENTARY INFORMATION:

Regulatory History

On March 3, 1997, the Coast Guard

published a notice of proposed

rulemaking entitled Charleston to

Bermuda Sailboat Race, Charleston, SC

[CGD07–97–005] in the Federal Register

(62 FR 9405). The comment period

ended on April 2, 1997. The Coast

Guard received no comments during the

notice of proposed rulemaking comment

period. A public hearing was not

requested and no hearing was held.

Background and Purpose

These regulations are needed to

provide for the safety of life during start

of the Charleston to Bermuda Sailboat

Race. The regulations are intended to

promote safe navigation on Charleston

Harbor immediately before, during, and

immediately after the start of the race by

controlling the traffic entering, exiting,

and traveling within the regulated area.

The anticipated concentration of

commercial traffic, spectator vessels,

and participating vessels associated

with the Race poses a safety concern

which is addressed in these special

local regulations.

The regulations will not permit the

entry or movement of spectator vessels

and other non-participating vessel

traffic between the starting area at the

southern end of Commercial Anchorage

Area D (33 CFR 110.173), and the

entrance to the Charleston Harbor jetties

on Sunday, May 11, 1997 from 10 a.m.

to 3 p.m. EDT. These regulations will

permit the movement of spectator

vessels and other non-participants

within the regulated area before the start

of the race, and after the last participant

clears the Charleston Harbor jetties at

the discretion of the Coast Guard Patrol

Commander.

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. 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 rule

to be so minimal that a full Regulatory

Evaluation under paragraph 10(e) of the

regulatory policies and procedures of

DOT is unnecessary. These regulations

will last for only 5 hours on May 11,

1997.

Small Entities

Under the Regulatory Flexibility Act

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

must consider whether this rule 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).

For reasons set forth in the above

Regulatory Evaluation, the Coast Guard

expects the economic impact of this rule

to be minimal, and certifies under 5

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

a significant impact on a substantial

number of small entities because the

special local regulations will only be in

effect for approximately 5 hours in a

limited area.

Collection of Information

These regulations contain 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 principals and

criteria contained in Executive Order

12612 and it has been determined that

this rulemaking does not have sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

Environment

The Coast Guard has considered the

environmental impact of this action and

has determined pursuant to Section

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

Instruction M16475.1B that it is

categorically excluded from further

environmental documentation. A

Categorical Exclusion Determination has

been prepared and is available in the

docket for inspection or copying.

List of Subjects in 33 CFR Part 100

Marine safety, Navigation (water),

Reporting and recordkeeping

requirements, Waterways.

Temporary Regulations

In consideration of the foregoing, the

Coast Guard amends part 100 of title 33,

Code of Federal Regulations, as follows:

PART 100—MARINE EVENTS

1. The authority citation for part 100

continues to read as follows:

Authority: 33 U.S.C. 1233; 49 CFR 1.46.

2. A new temporary section 100.35–

T07–075 is added to read as follows:

§ 100.35–T07–075 Charleston to Bermuda

Sailboat Race, Charleston Harbor,

Charleston, SC.

(a) Definitions.

(1) Regulated area. The regulated area

includes all waters of Charleston

Harbor, Charleston, SC and the Atlantic

Ocean within the following points:

Point Latitude Longitude

A ............... 32°47′06′′ N ....................................................................... 079°55′25′′ W .................................................................... then to

B ............... 32°47′06′′ N ....................................................................... 079°55′05′′ W .................................................................... then to

C ............... 32°46′00′′ N ....................................................................... 079°55′00′′ W .................................................................... then to

D ............... 32°45′41′′ N ....................................................................... 079°54′37′′ W .................................................................... then to

E ............... 32°45′41′′ N ....................................................................... 079°51′54′′ W .................................................................... then to

F ................ 32°44′30′′ N ....................................................................... 079°50′35′′ W .................................................................... then to

G ............... 32°43′24′′ N ....................................................................... 079°48′16′′ W .................................................................... then to

H ............... 32°43′02′′ N ....................................................................... 079°48′30′′ W .................................................................... then to

I ................. 32°44′14′′ N ....................................................................... 079°50′51′′ W .................................................................... then to

J ................ 32°45′25′′ N ....................................................................... 079°52′04′′ W .................................................................... then to

K ............... 32°45′25′′ N ....................................................................... 079°55′00′′ W .................................................................... then to

L ................ 32°45′41′′ N ....................................................................... 079°55′22′′ W ....................................................................
17704 Federal Register / Vol. 62, No. 70 / Friday, April 11, 1997 / Rules and Regulations

Thence back to point A. All coordinates

referenced use Datum: NAD 83.

(2) Coast Guard Patrol Commander.

The Coast Guard Patrol Commander is

a commissioned, warrant, or petty

officer of the Coast Guard who has been

designated by the Commander, Coast

Guard Group, Charleston, SC.

(b) Regulations.

(1) No person or vessel may enter,

transit, or remain in the regulated area

unless participating in the event or

unless authorized by the Coast Guard

Patrol Commander.

(2) The Coast Guard Patrol

Commander may delay, modify, or

cancel the race as conditions or

circumstances require. The Coast Guard

Patrol Commander shall monitor the

start of the race with the race

committee, to allow for a window of

opportunity for the race participants to

depart the harbor with minimal

interference with inbound or outbound

commercial traffic.

(3) Spectator and other nonparticipating vessels may follow the

participants out to sea while

maintaining a minimum distance of 500

yards behind the last participant, at the

discretion of the Patrol Commander.

Upon the transit of the last race

participant past the outermost boundary

of the Charleston jetties, all vessels may

resume normal operations.

(c) This section is effective at 10 a.m.

and terminates at 3 p.m. EDT on May

11, 1997.

Dated: April 1, 1997.

J.W. Lockwood,

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

Seventh Coast Guard District.

[FR Doc. 97–9216 Filed 4–10–97; 8:45 am]

BILLING CODE 4910–14–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD08–97–008]

RIN 2115–AE84

Amendment to Regulated Navigation

Area Regulations; Lower Mississippi

River

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: On March 18, 1997, the Coast

Guard established a temporary regulated

navigation area affecting the operation

of downbound tows in the Lower

Mississippi River from mile 437 at

Vicksburg, MS to mile 88 above Head of

Passes. On March 21, 1997, the Coast

Guard amended the temporary regulated

navigation area by extending the

southern limit of the regulated

navigation area to the boundary of the

territorial sea at the approaches to

Southwest Pass and included operating

requirements affecting the operation of

self-propelled vessels of 1600 gross tons

or greater. Increasing high water

conditions caused the Coast Guard to

amend this regulation for a second time

on March 28, 1997 to establish

additional safety measures applicable to

U.S. flagged and foreign-flagged vessels

authorized to carry cargoes listed under

Title 46, Code of Federal Regulations

Part 151 (chemical barges) and Parts

153–154 (chemical and gas ships). The

recent loss of control of a tow as it

entered the Mississippi River from the

Port Allen lock and several near-misses

involving tows longer than 600 feet

exiting locks into the Mississippi River

has evidenced the need to further limit

the length of tows. For this reason the

district commander is further amending

this regulation. The amendment

prohibits tows in excess of 600 feet from

entering or exiting lock forebays.

The amendment also clarifies the

horsepower restrictions in the earlier

regulation to make it clear that the

horsepower rating of escort tugs may not

be counted in establishing the number

of barges that may be included in a tow.

Only the horsepower rating of the single

towboat made up to and pushing the

tow may be considered in determining

the maximum number of barges that

may be included in the tow.

The Coast Guard is also extending the

effective date of the regulation to April

20, 1997, because the high water

conditions are expected to last longer

than originally contemplated. The

regulated navigation area is needed to

protect vessels, bridges, shore-side

facilities and the public from a safety

hazard created by high water and

resulting flooding along the Lower

Mississippi River. Downbound barge

traffic, chemical ships and gas ships, as

well as self-propelled vessels of 1600 or

more gross tons are prohibited from

operating in this area unless they are in

compliance with this regulation.

DATES: This amended regulation is

effective at 11:00 a.m. on April 4, 1997

and terminates at 12 p.m. on April 20,

1997.

FOR FURTHER INFORMATION CONTACT:

CDR Harvey R. Dexter, Marine Safety

Division, USCG Eighth District at New

Orleans, LA (504) 589–6271.

SUPPLEMENTARY INFORMATION:

Background and Purpose

On March 18, 1997 (62 FR 14637,

March 22, 1997), the Coast Guard

established a temporary regulated

navigation area affecting the operation

of downbound tows in the Lower

Mississippi River from mile 437 at

Vicksburg, MS to mile 88 above Head of

Passes. On March 21, 1997 (62 FR

15398, April 1, 1997), the Coast Guard

amended the temporary regulated

navigation area by extending the

southern limit of the regulated

navigation area to the boundary of the

territorial sea at the approaches to

Southwest Pass and included operating

requirements affecting the operation of

self-propelled vessels of 1600 gross tons

or greater. Increasing high water

conditions caused the Coast Guard to

amend this regulation for a second time

on March 28, 1997 (62 FR 16081 April

4, 1997) to establish additional safety

measures applicable to U.S. flagged and

foreign-flagged vessels authorized to

carry cargoes listed under Title 46, Code

of Federal Regulations Part 151

(chemical barges) and parts 153–154

(chemical and gas ships). The recent

loss of control of a tow as it entered the

Mississippi River from the Port Allen

lock and several near-misses involving

tows longer than 600 feet exiting locks

into the Mississippi River has evidenced

the need to further limit the length of

tows. For this reason the district

commander is further amending this

regulation. The amendment prohibits

tows in excess of 600 feet from entering

or exiting lock forebays.

Although Mississippi River

floodwater levels have receded

somewhat, river current remains at a

record high level. The recent loss of

control of a tow as it entered the

Mississippi River from the Port Allen

lock and several near-misses involving

tows longer than 600 feet exiting locks

into the Mississippi River has evidenced

the need to further limit the length of

tows. By limiting the maximum length

of tows during the critical period when

they are entering or exiting locks along

the Mississippi River to or from the

relatively still water of a lock forebay,

towboats will be able to exercise greater

control of the tow during this critical

period. This amendment prohibits tows

in excess of 600 feet from entering or

exiting lock forebays.

This amendment also clarifies the

horsepower restrictions in the earlier

regulation to make it clear that the

horsepower rating of escort tugs may not

be counted in establishing the number

of barges that may be included in a tow.

Only the horsepower rating of the single

towboat made up to and pushing the