33578 Federal Register / Vol. 63, No. 118 / Friday, June 19, 1998 /Rules and Regulations

clearance to less than 40 feet above

mean high water. The reduction in the

vertical clearance will be approximately

4 feet. Alternate routes are available.

This work is essential for the continued

safe operation of the vertical lift span.

The District Commander has,

therefore, issued a deviation from the

regulations in 33 CFR 117.5 authorizing

the SR 1 vertical lift span bridge across

Lafourche Bayou, Louisiana to remain

in the closed-to-navigation position

from 7 a.m. until 9 a.m.; 9:30 a.m. until

noon; 12:30 p.m. until 3 p.m.; and 3:30

p.m. until 7 p.m., Monday through

Friday, except Federal holidays, from

August 3, 1998, until October 2, 1998.

Dated: June 11, 1998.

A.L. Gerfin, Jr.,

Captain, U.S. Coast Guard, Acting

Commander, 8th Coast Guard Dist.

[FR Doc. 98–16367 Filed 6–18–98; 8:45 am]

BILLING CODE 4910–15–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01–98–040]

RIN 2115–AA97

Safety Zone: Great Catskills Triathlon,

Hudson River, Kingston, NY

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone for

the Great Catskills Triathlon located on

the Hudson River in the vicinity of

Kingston Point Reach, Kingston, New

York. The safety zone is in effect from

7 a.m. until 8:30 a.m. on Sunday, July

12, 1998. This action is necessary to

provide for the safety of life on

navigable waters during the event. This

action is intended to restrict vessel

traffic in the Hudson River, in the

vicinity of Kingston Point Reach.

DATES: This rule is effective from 7 a.m.

until 8:30 a.m. on Sunday, July 12,

1998, unless terminated sooner by the

Captain of the Port, New York.

ADDRESSES: Comments may be mailed to

the Waterways Oversight Branch

(CGD01–98–040), Coast Guard Activities

New York, 212 Coast Guard Drive,

Staten Island, New York 10305, 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 at

room 205, Coast Guard Activities New

York, between 8 a.m. and 3 p.m.,

Monday through Friday, except Federal

holidays

FOR FURTHER INFORMATION CONTACT:

Lietuenant (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 this

application 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 to protect

swimmers and the maritime public from

the hazards associated with 500 athletes

competing in the swimming portion of

the Great Catskills Triathlon.

Background and Purpose

On April 12, 1998, the New York

Triathlon Club, submitted an

Application for Approval of Marine

Event to hold the swimming

competition of the Great Catskills

Triathlon on the waters of the Hudson

River in the vicinity of Kingston Point

Reach. this regulation establishes a

safety zone in all waters of the Hudson

River within a 1000 year radius of

41°56′06′′ N 073°57′57′′ W (NAD 1983).

This area encompasses approximately

1,800 yards of Kingston Point Reach,

from just south of red buoy #74 to green

buoy #77. The safety zone is in effect

from 7 a.m. until 8:30 a.m. on Sunday,

July 12, 1998, unless terminated sooner

by the Captain of the Port, New York.

The safety zone prevents vessels from

transiting this portion of the Hudson

River and is needed to protect

swimmers and boaters from the hazards

associated with 500 swimmers

competing in a confined area of the

Hudson River.

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 limited marine traffic in

the area, the minimal time that vessels

will be restricted from the zone, and

advance notifications which will be

made by the Local Notice to Mariners

and marine information broadcasts.

Recreational traffic will be able to

transit the river to the east of the safety

zone during this event. Commercial

traffic is not heavy in this area of the

Hudson River. It is expected that no

more than 1 or 2 commercial vessels

may be effected by this event. Due to the

advance advisories being made,

commercial traffic will be able to adjust

their transit time to arrive before or after

the event.

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 above, the Coast

Guard certifies under section 605(b) of

the Regulatory Flexibility Act (5 U.S.C.

601 et seq.) that this final 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

Under figure 2–1, paragraph 34(g), of

Commandant Instruction M16475.1C,

this final rule is categorically excluded
Federal Register / Vol. 63, No. 118 / Friday, June 19, 1998 /Rules and Regulations 33579

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–

040 to read as follows:

§ 165.T01–040 Safety Zone: Great Catskills

Triathlon, Hudson River, Kingston, New

York.

(a) Location. The following area is a

safety zone: all waters of the Hudson

River within a 1000 yard radius of

41°56′06′′N 073°57′57′′W (NAD 1983).

This area encompasses approximately

1,800 yards of Kingston Point Reach,

from just south of red buoy #74 to green

buoy #77.

(b) Effective period. This section is

effective from 7 a.m. until 8:30 a.m. on

Sunday, July 12, 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: June 4, 1998.

Richard C. Vlaun,

Captain, U.S. Coast Guard, Captain of the

Port, New York.

[FR Doc. 98–16239 Filed 6–18–98; 8:45 am]

BILLING CODE 4910–15–M

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Part 0

RIN 2900–AJ27

Delegation of Authority for Certain

Ethics Matters

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

SUMMARY: This document amends the

Department of Veterans Affairs (VA)

regulations captioned ‘‘Standards of

Ethical Conduct and Related

Responsibilities.’’ It removes material

regarding certain ethics determinations

for agency employees. This material is

not required to be published in the Code

of Federal Regulations because it does

not affect the public. It affects only

internal VA practices.

DATES: Effective Date: June 19, 1998.

FOR FURTHER INFORMATION CONTACT:

Walter A. Hall, Assistant General

Counsel (023) and Designated Agency

Ethics Official, Department of Veterans

Affairs, Office of General Counsel, 810

Vermont Avenue, NW, Washington, DC

20420, telephone (202) 273–6334.

SUPPLEMENTARY INFORMATION: This

document does not constitute

rulemaking under the provisions of 5

U.S.C. 552 and 553. Accordingly, there

is no basis for prior notice and comment

or a delayed effective date.

This document does not concern a

‘‘rule’’ as defined in the Regulatory

Flexibility Act. 5 U.S.C. 601.

Nevertheless, the Secretary hereby

certifies that this regulatory amendment

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, because the amendment only

affects individuals.

There is no Catalog of Federal

Domestic Assistance program number.

List of Subjects in 38 CFR Part 0

Conflict of interests.

Approved: May 27, 1998.

Togo D. West, Jr.,

Secretary.

For the reasons set forth in the

preamble, 38 CFR part 0, subpart A, is

amended as follows:

PART 0—STANDARDS OF ETHICAL

CONDUCT AND RELATED

RESPONSIBILITIES

1. The authority citation for part 0 is

revised to read as follows:

Authority: 5 U.S.C. 301; 38 U.S.C. 501; see

sections 201, 301, and 502(a) of E.O. 12674,

54 FR 15159, 3 CFR, 1989 Comp., p. 215 as

modified by E.O. 12731, 55 FR 42547, 3 CFR,

1990 Comp., p. 306.

Subpart A—General Provisions

§ 0.735–2 [Removed]

2. Section 0.735–2 is removed.

§ 0.735–3 [Redesignated as § 0.735–2]

3. Section 0.735–3 is redesignated as

§ 0.735–2.

[FR Doc. 98–16275 Filed 6–18–98; 8:45 am]

BILLING CODE 8320–01–P

DEPARTMENT OF VETERANS

AFFAIRS

Board of Veterans’ Appeals

38 CFR Part 20

RIN 2900–AI87

Board of Veterans’ Appeals: Rules of

Practice—Continuation of

Representation Following Death of a

Claimant or Appellant

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

SUMMARY: This document amends the

Rules of Practice of the Board of

Veterans’ Appeals (Board) to eliminate a

rule which automatically assigns a

deceased appellant’s representative to

the appellant’s survivor. This change is

necessary because of a court ruling

which eliminates the need for such a

provision.

DATES: Effective Date: July 20, 1998.

FOR FURTHER INFORMATION CONTACT:

Steven L. Keller, Chief Counsel, Board

of Veterans’ Appeals, Department of

Veterans Affairs, 810 Vermont Avenue,

NW, Washington, DC 20420, (202–565–

5978).

SUPPLEMENTARY INFORMATION: On

October 23, 1997, VA published in the

Federal Register (62 FR 55200) a

proposed rule which would eliminate a

provision in the Board’s Rules of

Practice—Rule 611 (38 CFR 20.611)—

permitting a deceased appellant’s

representative to continue to act with

respect to any appeal pending upon the

death of the appellant. We proposed this

change because the U.S. Court of

Veterans Appeals had ruled that,

generally, a claim for benefits does not

survive the death of the claimant. Smith

(Irma) v. Brown, 10 Vet. App. 330

(1997).

The public was given 60 days to

submit comments. VA received no

comments.

Accordingly, based on the rationale

set forth in the proposed rule document,