24108 Federal Register / Vol. 63, No. 84 / Friday, May 1, 1998 /Rules and Regulations

enactment of this provision. The request

should be furnished in writing, inter

alia to provide documentation

reconciling the number of visas issued

with the lesser amount of fees collected.

Thus, the current text of 22 CFR

41.107(c) will become ‘‘(c)(1)’’ and a

new (c)(2) will set forth the data

required to support the waiver of the

fees. These include, in (c)(2)(i),

disclosure of whether the organization,

if U.S.-based, is tax exempt as a

charitable organization under 26 U.S.C.

501(c) or, if foreign, is equivalently

recognized as a charitable organization

in the country in which based. Section

41.107(c)(2)(ii) requires that the

activities in which the alien(s) will

engage will be charitable in nature,

providing assistance to the poor and

needy including, but not limited to,

those activities identified in the

legislation. Section 41.107(c)(2)(iii)

requires such identifying information as

the location in which the services will

be provided and the number of and

identifying data regarding each of the

alien(s) concerned. Finally,

§ 41.107(c)(2)(iv) seeks data on the

proposed duration of the temporary stay

of the alien(s) in the United States,

which should be commensurate with

both the classification in which the

alien(s) will be applying and the

purposes for which the alien(s) will be

entering the United States.

Regulatory Analysis and Notices

Interim Rule

The implementation of this rule as an

interim rule, with a 60-day provision for

post-promulgation public comments, is

based on the ‘‘good cause’’ exceptions

set forth at 5 U.S.C. 553(b)(3)(B) and

553(d)(3). The provision of law being

implemented became effective on

enactment on October 7, 1997. It

provides a benefit to institutions that it

is in the interest of the United States as

determined by Congress to benefit.

Delay of the benefit for public notice

and comment is unnecessary and

inconsistent with the intent of the law.

The Regulatory Flexibility Act

Pursuant to § 605 of the Regulatory

Flexibility Act, the Department has

assessed the potential impact of this

rule, and the Assistant Secretary for

Consular Affairs hereby certifies, that it

is not expected to have a significant

economic impact on a substantial

number of small entities and will

benefit those that are charitable

organizations.

E.O. 12988 and E.O. 12866

This rule has been reviewed as

required under E.O. 12998 and

determined to be in compliance

therewith. This rule is exempt from

review under E.O. 12866, but has been

reviewed internally by the Department

to ensure consistency therewith. The

rule does not directly affect states or

local governments or Federal

relationships and does not create

unfunded mandates.

5 U.S.C. Chapter 8

As required by 5 U.S.C., chapter 8, the

Department has screened this rule and

determined that it is not a major rule, as

defined in 5 U.S.C. 80412.

Paperwork Reduction Act

While charitable organizations

requesting this benefit will have to

apply with information matching their

situation to legal requirements, that

information will be used for agency

decisions on individual visas and not

used for public dissemination or

statistical purposes.

List of Subjects in 22 CFR Part 41

Aliens, Nonimmigrants, Passports,

Visas.

In view of the foregoing, 22 CFR part

41 is amended as follows:

PART 41—[AMENDED]

1. The authority citation for part 41

continues to read:

Authority: 8 U.S.C. 1104.

2. Section 41.107 is amended by

redesignating paragraph (c) as paragraph

(c)(1) and adding a new paragraph (c)(2)

to read as follows:

§ 41.107 Visa fees.

* * * * *

(c) * * *

(2) The consular officer shall waive

the nonimmigrant visa application and

issuance fees for an alien who will be

engaging in charitable activities for a

charitable organization upon the written

request of the charitable organization

claiming that it will find the fees a

financial burden, if the consular officer

is satisfied that:

(i) The organization seeking relief

from the fees is, if based in the United

States, tax-exempt as a charitable

organization under the provisions of

section 501(c)(3) of the Internal Revenue

Code (26 U.S.C. 501(c)(3)); if a foreign

organization based outside the United

States, it establishes that it is recognized

as a charitable institution by the

government of the country in which it

is based under criteria substantially

similar to those of section 501(c)(3), and

(ii) The charitable activities in which

the alien will engage are specified and

will be a part of, or will be related to

and in support of, the organization’s

provision of services, including but not

limited to health care, food and housing,

job training, and similar direct services

and assistance to the poor and needy,

and

(iii) The request includes the location

of the proposed activities, the number

and identifying data of each of the

alien(s) who will be applying for visas,

and

(iv) The proposed duration of the

alien(s)’s temporary stay in the United

States is reasonably consistent with the

charitable purpose for which the alien(s)

seek to enter the United States.

* * * * *

Dated: April 15, 1998.

Donna J. Hamilton,

Acting Assistant Secretary for Consular

Affairs.

[FR Doc. 98–11533 Filed 4–30–98; 8:45 am]

BILLING CODE 4710–06–P

DEPARTMENT OF JUSTICE

28 CFR Part 51

[Order No. 2149–98]

RIN 1190–AA35

Procedures for the Administration of

Section 5 of the Voting Rights Act of

1965, as Amended; Revision of

Procedures

AGENCY: Department of Justice.

ACTION: Final rule.

SUMMARY: The Department of Justice is

revising its administrative guidelines

regarding preclearance of voting

changes under Section 5 of the Voting

Rights Act of 1965. The amendment is

necessary to conform the Department’s

guidelines with recent case law.

DATES: Effective May 1, 1998.

FOR FURTHER INFORMATION CONTACT:

David H. Hunter, Attorney, Voting

Section, Civil Rights Division, 202–307–

2898, 1–800–253–3931, or

david.h.hunter@usdoj.gov.

SUPPLEMENTARY INFORMATION: Section 5

of the Voting Rights Act of 1965, as

amended, 42 U.S.C. 1973c, requires

certain jurisdictions (listed in the

appendix to the Procedures) to obtain

‘‘preclearance’’ from either the United

States District Court for the District of

Columbia or from the United States

Attorney General before implementing

any new standard, practice, or

procedure that affects voting.

The Supreme Court held in Reno v.

Bossier Parish School Board, 117 S.Ct.
Federal Register / Vol. 63, No. 84 / Friday, May 1, 1998 /Rules and Regulations 24109

1491, 1497 (1997), that a voting change

that violates Section 2 of the Voting

Rights Act, 42 U.S.C. 1973 (which

proscribes practices that have

discriminatory results), should not on

that basis alone be denied Section 5

preclearance. Accordingly, we are

deleting paragraph (2) of § 51.55(b)

(‘‘Section 2’’).

Good cause exists under 5 U.S.C.

553(b)(B) and 5 U.S.C. 553(d) for

implementing this rule as a final rule

effective immediately without provision

for public comment. The amendment

simply conforms the Procedures to the

Supreme Court’s interpretation of the

Voting Rights Act. Public comment

could have no effect on this

amendment.

List of Subjects in 28 CFR Part 51

Administrative practice and

procedure, Archives and records,

Authority delegations (Government

agencies), Civil rights, Elections, Voting

rights.

For the reasons stated in the

preamble, 28 CFR Part 51 is amended as

follows:

PART 51—PROCEDURES FOR THE

ADMINISTRATION OF SECTION 5 OF

THE VOTING RIGHTS ACT OF 1965, AS

AMENDED

1. The authority citation for part 51

continues to read as follows:

Authority: 5 U.S.C. 301; 28 U.S.C. 509,

510; and 42 U.S.C. 1973c.

§ 51.55 [Amended]

2. In § 51.55, the designation of

paragraph (b) (1) and the word

‘‘subsequently’’ are removed from

paragraph (b), and paragraph (b)(2) is

removed.

Dated: April 23, 1998.

Janet Reno,

Attorney General.

[FR Doc. 98–11604 Filed 4–30–98; 8:45 am]

BILLING CODE 4410–13–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD 05–98–031]

Special Local Regulations for Marine

Events; Approaches to Annapolis

Harbor, Spa Creek, and Severn River,

Annapolis, MD

AGENCY: Coast Guard, DOT.

ACTION: Notice of implementation.

SUMMARY: This notice implements the

special local regulations during the

transit of participating vessels from

Annapolis Harbor, Maryland, to the race

start area on the Chesapeake Bay for Leg

8 of the Whitbread Round-the-World

sailing race on May 3, 1998. These

special local regulations are necessary to

control vessel traffic in the vicinity of

Spa Creek and the Severn River due to

the confined nature of the waterway and

expected vessel congestion during the

transit of the racers. The effect will be

to restrict general navigation in the

regulated area for the safety of race

participants, spectator craft and other

vessels transiting the event area.

DATES: The special local regulations are

effective from 10 a.m. EDT (Eastern

Daylight Time) to 11 a.m. EDT on May

3, 1998.

FOR FURTHER INFORMATION CONTACT:

Chief Warrant Officer R.L. Houck,

Marine Events Coordinator,

Commander, Coast Guard Activities

Baltimore, 2401 Hawkins Point Road,

Baltimore, MD 21226–1971, (410) 576–

2674.

SUPPLEMENTARY INFORMATION: The start

for Leg 8 of the Whitbread Round-theWorld sailing race will be held in the

vicinity of Annapolis, Maryland, on

May 3, 1998. The vessels participating

in the race will conduct an organized

transit from Annapolis Harbor to the

race start area. Therefore, to ensure the

safety of the racers, spectators and

transiting vessels, 33 CFR 100.511 will

be in effect for the duration of the transit

to the race start area. Under provisions

of 33 CFR 100.511, a vessel may not

enter the regulated area unless it

receives permission from the Coast

Guard Patrol Commander, and the

operator of any vessel in the regulated

area shall stop the vessel immediately

upon being directed to do so by any

commissioned, warrant, or petty officer

on board a vessel displaying a Coast

Guard ensign. Spectator vessels may

anchor outside the regulated area but

may not block a navigable channel.

Because these restrictions will be in

effect for a limited period, they should

not result in a significant disruption of

maritime traffic.

Dated: April 21, 1998.

J.S. Carmichael,

Captain, U.S. Coast Guard, Acting

Commander, Fifth Coast Guard District.

[FR Doc. 98–11649 Filed 4–30–98; 8:45 am]

BILLING CODE 4910–15–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP San Diego; 98–009]

RIN 2115–AA97

Safety Zone; Colorado River, Laughlin,

NV

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone in

the navigable waters of the Colorado

River, Laughlin, Nevada, for the

Laughlin River Days marine event on

May 30 and 31, 1998. The Laughlin

River Days event consists of various

watercraft races and other maritime

festivities. The safety zone supporting

this event consists of a circular area

with a radius of approximately 1500 feet

centered around a single buoy located

approximately equidistant between the

following two points: the Laughlin

Bridge, and 500 feet north of the launch

ramp at Davis Camp. This safety zone is

established to protect the lives and

property of the event participants and

spectators by establishing an

exclusionary zone around the race

course. Entry into, transit through, or

anchoring within this zone is prohibited

unless authorized by the Captain of the

Port.

DATES: This regulation is effective from

7 a.m. (PDT) until 6:30 p.m. (PDT) on

May 30 and 31, 1998.

ADDRESSES: Marine Safety Office San

Diego, 2716 N. Harbor Drive, San Diego,

CA 92101–1064.

FOR FURTHER INFORMATION CONTACT:

LT Mike Arguelles, U.S. Coast Guard,

Marine Safety Office, San Diego at (619)

683–6484.

SUPPLEMENTARY INFORMATION:

Regulatory Information

In accordance with 5 U.S.C. 553, a

notice of proposed rulemaking was not

published for this regulation and good

cause exists for making it effective in

less than 30 days after Federal Register

publication. Publication of a notice of

proposed rulemaking and delay of its

effective date would be contrary to the

public interest since the details of the

safety zone boundaries necessary to

support the Laughlin River Days marine

event, and other logistical details

surrounding the event, were not

finalized until a date fewer than 30 days

prior to the event date.