27852 Federal Register / Vol. 63, No. 98 /Thursday, May 21, 1998 /Rules and Regulations

reporting on any delinquent penalty

amount in the event of a failure to pay

the penalty imposed.

§ 537.705 Administrative collection;

referral to United States Department of

Justice.

In the event that the respondent does

not pay the penalty imposed pursuant to

this part or make payment arrangements

acceptable to the Director of the Office

of Foreign Assets Control within 30

days of the mailing of the written notice

of the imposition of the penalty, the

matter may be referred for

administrative collection measures by

the Department of the Treasury or to the

United States Department of Justice for

appropriate action to recover the

penalty in a civil suit in a Federal

district court.

Subpart H—Procedures

§ 537.801 Procedures.

For provisions relating to procedures,

see subpart C of part 501 of this chapter.

§ 537.802 Delegation by the Secretary of

the Treasury.

Any action which the Secretary of the

Treasury is authorized to take pursuant

to Executive Order 13047 or any further

executive orders relating to the national

emergency declared in Executive Order

13047 may be taken by the Director of

the Office of Foreign Assets Control, or

by any other person to whom the

Secretary of the Treasury has delegated

authority so to act.

Subpart I—Paperwork Reduction Act

§ 537.901 Paperwork Reduction Act notice.

For approval by the Office of

Management and Budget under the

Paperwork Reduction Act of

information collections relating to

recordkeeping and reporting

requirements, to licensing procedures

pursuant to statements of licensing

policy, and to other procedures, see

§ 501.901 of this chapter.

Dated: April 21, 1998.

R. Richard Newcomb,

Director, Office of Foreign Assets Control.

Approved: May 11, 1998.

James E. Johnson,

Assistant Secretary (Enforcement),

Department of the Treasury.

[FR Doc. 98–13477 Filed 5–18–98; 9:52 am]

BILLING CODE 4810–25–F

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01–98–041]

RIN 2121–AA97

Safety Zone; Fleet Week Air/Sea

Demonstrations, Hudson River, NY

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone in

the Hudson River, rectangular in shape,

perpendicular to the USS INTREPID, for

air/sea demonstrations. The safety zone

is in effect from 10:30 a.m. until 12:30

p.m. on May 22, 23, and 24, and from

2:30 p.m. until 4:30 p.m. on May 22, 23,

24 and 25, 1998. This action is

necessary to provide for the safety of life

on navigable waters in the event of

aircraft problems developing during the

demonstrations. It is intended to restrict

vessel traffic in the Hudson River.

DATES: This rule is effective from 10:30

a.m. until 12:30 p.m. on May 22, 23, and

24, and from 2:30 p.m. until 4:30 p.m.

on May 22, 23, 24 and 25, 1998.

ADDRESSES: Comments may be mailed to

Commander (wob) (CGD01–98–041),

Coast Guard Activities New York, 212

Coast Guard Drive, Staten Island, New

York 10305–5005, or deliver them to

room 205 at the same address between

8 a.m. and 3 p.m., Monday through

Friday, except federal holidays.

The Waterways Oversight Branch of

Coast Guard Activities New York

maintains the public docket for this

rulemaking. Comments, and documents

as indicated in this preamble, will

become part of this docket and will be

available for inspection or copying in

room 205 at the same address between

8 a.m. and 3 p.m., Monday through

Friday, except federal holidays.

FOR FURTHER INFORMATION CONTACT:

Lieutenant (Junior Grade) A. Kenneally,

Waterways Oversight Branch, Coast

Guard Activities New York, at (718)

354–4195.

SUPPLEMENTARY INFORMATION:

Regulatory History

Pursuant to 5 U.S.C. 553, a notice of

proposed rulemaking (NPRM) was not

published for this regulation. Good

cause exists for not publishing an NPRM

and for making this regulation effective

less than 30 days after Federal Register

publication. Due to the date that

conclusive information for these events

was received, there was insufficient

time to draft and publish an NPRM. Any

delay encountered in this regulation’s

effective date would be contrary to

public interest since immediate action is

needed to close a portion of the

waterway and protect the maritime

public from the hazards associated with

these air/sea demonstrations, which are

intended for public entertainment.

Background and Purpose

The U.S. Marine Corps, Navy, and

Coast Guard hold joint air/sea

demonstrations in and over the Hudson

River in the vicinity of the USS

INTREPID Museum as a part of Fleet

Week festivities. This regulation

establishes a safety zone which includes

those waters of the Hudson River bound

by the following points: from the

southeast corner of Pier 90, Manhattan,

where it intersects the seawall,

outbound to a position at 40°46′10′′N

latitude, 074°00′13′′W longitude (NAD

1983), south to a point at 40°45′54′′N,

074°00′24′′W (NAD 1983), then inbound

to the northeast corner of Pier 83 where

it intersects the seawall. The safety zone

is in effect from 10:30 a.m. until 12:30

p.m. on May 22, 23, and 24, and from

2:30 p.m. until 4:30 p.m. on May 22, 23,

24 and 25, 1998. The safety zone

prevents vessels from transiting this

portion of the Hudson River and is

needed to protect commercial and

recreational traffic from the hazards

associated with the turbulence

generated by vertical take-off aircraft.

Vessels moored at piers within the

safety zone may remain moored for the

duration of the safety zone; however,

they will not be allowed to transit from

their moorings without permission from

the Captain of the Port, New York,

during the effective periods of the safety

zone.

Regulatory Evaluation

This final 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 not been reviewed 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 final rule to be so

minimal that a full Regulatory

Evaluation under paragraph 10e of the

regulatory policies and procedures of

DOT is unnecessary. This finding is

based on the following: commercial and

recreational vessels navigating the

Hudson River can alter their route west

of the affected area, commercial ferries

will be allowed to transit to and from
Federal Register / Vol. 63, No. 98 /Thursday, May 21, 1998 /Rules and Regulations 27853

their berths at Pier 83, Manhattan

during the demonstration at the

discretion of the Captain of the Port, and

the extensive, advance notifications

which will be made.

Small Entities

Under the Regulatory Flexibility Act

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

considered whether this rule will have

a significant economic impact on a

substantial number of small entities.

‘‘Small entities’’ 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 of less than 50,000.

For the reasons discussed in the

Regulatory Evaluation section above, the

Coast Guard certified under section

605(b) of the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.) that this rule will

not have a significant economic impact

on a substantial number of small

entities.

Collection of Information

This final rule does not provide for a

collection of information under the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501 et seq.).

Federalism

The Coast Guard has analyzed this

final rule under the principles and

criteria contained in Executive Order

12612, and has determined that this

final rule does not have sufficient

implications for federalism to warrant

the preparation of a Federalism

Assessment.

Environment

The Coast Guard considered the

environmental impact of this rule and

concluded that under Figure 2–1,

paragraph 34(g), of Commandant

Instruction M16475.1C, this final rule is

categorically excluded from further

environmental documentation. A

‘‘Categorical Exclusion Determination’’

is available in the docket for inspection

or copying where indicated under

ADDRESSES.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and recordkeeping

requirements, Security measures,

Waterways.

Regulation

For the reasons discussed in the

preamble, the Coast Guard amends 33

CFR Part 165 as follows:

PART 165—[AMENDED]

1. The authority citation for Part 165

continues to read as follows:

Authority: 33 U.S.C. 1231; 50 U.S.C. 191;

33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5;

49 CFR 1.46.

2. Add temporary section 165.T01–

041 to read as follows:

§ 165.T01–041 Safety Zone; Fleet Week

Air/Sea Demonstrations, Hudson River, New

York.

(a) Location. The following area is a

safety zone: those waters of the Hudson

River bound by the following points:

from the southeast corner of Pier 90,

Manhattan, where it intersects the

seawall, outbound to a position at

40°46′10′′ N latitude, 074°100′13′′ W

longitude (NAD 1983), south to a point

at or near 40°45′54′′ N latitude,

074°00′24′′ W longitude (NAD 1983),

then inbound to the northeast corner of

Pier 83, Manhattan, where it intersects

the seawall.

(b) Effective period. This section is in

effect from 10:30 a.m. until 12:30 p.m.

on May 22, 23, and 24, and from 2:30

p.m. until 4:30 p.m. on May 22, 23, 24

and 25, 1998.

(c) Regulations.

(1) The general regulations contained

in 33 CFR 165.23 apply.

(2) All persons and vessels shall

comply with the instructions of the

Coast Guard Captain of the Port or the

designated on scene patrol personnel.

U.S. Coast Guard patrol personnel

include commissioned, warrant, and

petty officers of the Coast Guard. Upon

being hailed by a U.S. Coast Guard

vessel via siren, radio, flashing light, or

other means, the operator of a vessel

shall proceed as directed.

Dated: April 15, 1998.

Richard C. Vlaun,

Captain, U.S. Coast Guard Captain of the

Port, New York.

[FR Doc. 98–13580 Filed 5–18–98; 4:49 pm]

BILLING CODE 4910–15–M

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Part 21

RIN 2900–AJ10

Veterans Education: Increase in Rates

Payable for Cooperative Training

Under the Montgomery GI Bill—Active

Duty

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

SUMMARY: This document amends the

educational assistance and educational

benefits regulations of the Department

of Veterans Affairs (VA). The Veterans’

Benefits Act of 1997 provided a new

statutory formula for use in calculating

the monthly rates of educational

assistance payable under the

Montgomery GI Bill—Active Duty to

someone pursuing cooperative training.

The new formula increases the monthly

rates of educational assistance, effective

from October 9, 1996, for veterans in

cooperative training who were formerly

eligible for assistance under the Veteran

Era GI Bill. This final document amends

the regulations to reflect the increased

rates.

DATES: Effective Date: October 9, 1996

FOR FURTHER INFORMATION CONTACT:

William G. Susling, Jr., Education

Advisor, Education Service, Veterans

Benefits Administration, (202) 273–

7187.

SUPPLEMENTARY INFORMATION: VA is

amending the ‘‘ALL VOLUNTEER

FORCE EDUCATIONAL ASSISTANCE

PROGRAM (MONTGOMERY GI BILL—

ACTIVE DUTY)’’ regulations set forth at

38 CFR Part 21, Subpart K. VA is

required by statute to calculate the

monthly rate of educational assistance

payable to veterans and servicemembers

training under the Montgomery GI

Bill—Active Duty (MGIB). The

calculation is based on statutory

formulas.

Effective October 9, 1996, Pub. L.

105–114 changed the statutory formula

used to determine the monthly rate of

educational assistance under the MGIB

payable to a veteran in cooperative

training who was formerly eligible for

assistance under the Vietnam Era GI

Bill. This final rule revises the

regulations containing the monthly rate

of educational assistance payable to

such a veteran to reflect the new

statutory formula.

The changes set forth in this final rule

are applied from the effective date of the

statutory changes.

This final rule merely reflects

statutory requirements and adjustments

made based on the newly established

formula. 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 and

does not directly affect small entities.

This final rule directly affects only

individuals. Pursuant to 5 U.S.C. 605(b),

this final rule, therefore, is exempt from

the initial and final regulatory flexibility