38308 Federal Register / Vol. 63, No. 136 /Thursday, July 16, 1998 /Rules and Regulations

organizations that are not dominant in

their fields and governmental

jurisdictions with populations less than

50,000.

Because it expects the impact of this

rule to be so minimal, the Coast Guard

certifies under section 605(b) of the

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

et seq.) that this rule will not have a

substantial impact on a significant

number of small entities.

Collection of Information

This rule contains no collection of

information requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

Federalism

The Coast Guard has analyzed this

regulation under the principles and

criteria in Executive Order 12612 and

has determined that this rule 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 regulation

and concluded that under paragraph

2.B.2 of Commandant Instruction

M16475.1c, Figure 2–1, paragraph

(34)(g), it will have no significant

environmental impact and it is

categorically excluded from further

environmental documentation. A

Categorical Exclusion Determination

and Environmental Analysis Checklist

are included in the docket maintained at

the address listed in ADDRESSES.

Unfunded Mandates

Under the Unfunded Mandates

Reform Act of 1995 (Pub. L. 104–4), the

Coast Guard must consider whether this

rule will result in an annual

expenditure by state, local, and tribal

governments, in the aggregate of $100

million (adjusted annually for inflation).

If so, the Act requires that a reasonable

number of regulatory alternatives be

considered, and that from those

alternatives, the least costly, most costeffective, or least burdensome

alternative that achieves the objective of

the rule be selected.

No state, local, or tribal government

entities will be effected by this rule, so

this rule will not result in annual or

aggregate costs of $100 million or more.

Therefore, the Coast Guard is exempt

from any further regulatory

requirements under the Unfunded

Mandates Act.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and recordkeeping

requirements, Security measure,

Waterways.

Regulation

For the reasons set out 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. A new section 165.1115 is added to

read as follows:

§ 165.1115 Copper Canyon, Lake Havasu,

Colorado River—Regulated Navigation

Area.

(a) Location. The following is a

regulated navigation area:

(1) In the water area of Copper

Canyon, Lake Havasu, Colorado River,

beginning at the approximate center of

the mouth of Copper Canyon and

drawing a line down the approximate

center of the canyon extending

shoreward to the end of the navigable

waters of the canyon, and comprising a

semi-rectangular area extending 30 feet

on each side of the line, for a total semirectangular width of 60 feet.

(2) This line is more precisely

described as: beginning at latitude

34°25′67.6′′N, longitude 114°18′38.5′′W,

thence southwesterly to latitude

34°25′64′′N, longitude 114°18′45.7′′W,

thence northwesterly to latitude

34°25′65.6′′N, longitude 114°18′46.7′′W,

thence southeasterly to latitude

34°25′60.7′′N, longitude 114°18′42.7′′W,

thence southwesterly to longitude

34°25′51.4′′N, latitude 114°18′46.2′′W,

thence southeasterly to latitude

34°25′47.1′′N, longitude 114°18′49.4′′W,

thence to the end of the navigable

waters of the canyon.

(b) Definitions. For the purposes of

this section:

(1) Vessel: Every description of

watercraft, used or capable of being

used as a means of transportation on the

water, and regardless of mode of power.

(2) Patrol Vessel: Vessels designated

by the Captain of the Port, San Diego,

to enforce or assist in enforcing these

regulations, including Coast Guard,

Coast Guard Auxiliary, and San

Bernardino County Sheriff’s Department

Vessels.

(c) Regulations.

(1) Vessels, with the exception of

patrol vessels, shall not anchor, moor,

loiter in, or otherwise impede the transit

of any other vessel within the regulated

navigation area. Furthermore, all

vessels, with the exception of patrol

vessels, shall expeditiously and

continuously transit the regulated

navigation area via the most direct route

consistent with navigational safety.

(2) During periods of vessels

congestion within the Copper Canyon

area, as determined by the Captain of

the Port or his or her designated onscene representative, the regulated

navigation area will be closed to all

vessels, with the exception of patrol

vessels. During designated closure

periods, no vessel may enter, remain in,

or transit through the regulated

navigation area, with the exception of

patrol vessels. Designation of periods of

vessel congestion and announcement of

the closure of the regulated navigation

area will be conducted by broadcast

notices to mariners on VHF–FM

Channel 16 no less frequently than

every hour for the duration of the

closure period.

(3) Each person in the regulated

navigation area shall comply with the

directions of the Captain of the Port or

his or her designated on-scene

representative regarding vessel

operation.

Dated: June 25, 1998.

R.D. Sirois,

Captain, U.S. Coast Guard Commander,

Eleventh Coast Guard District Acting.

J.C. Card,

Vice Admiral, U.S. Coast Guard Commander,

Eleventh Coast Guard District.

[FR Doc. 98–18948 Filed 7–15–98; 8:45 am]

BILLING CODE 4910–15–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD11–98–009]

RIN 2115–AE46

Special Local Regulations; World

Series of Power Boat Racing on

Mission Bay (Formerly Known as

Thunderboat Regatta)

AGENCY: Coast Guard, DOT.

ACTION: Notice of implementation.

SUMMARY: This notice implements 33

CFR 100.1101, Southern California

Annual marine events, for the World

Series of Power Boat Racing on Mission

Bay. This event, formerly known as the

Thunderboat Regatta, consists of racing

using high-speed powerboats with a

maximum length of 27 feet. Neither the

sponsor, nor the date, nor the location

of the event has changed since this

event was listed as the ‘‘Thunderboat

Regatta’’ in Table 1 of 33 CFR 100.1101.
Federal Register / Vol. 63, No. 136 /Thursday, July 16, 1998 /Rules and Regulations 38309

These regulations will be effective on

that portion of Fiesta Bay and Mission

Bay, San Diego, California, that is

described in Table 1 of 33 CFR

100.1101. Implementation of 33 CFR

100.1101 is necessary to control vessel

traffic in the regulated area during the

event to ensure the safety of participants

and spectators.

Pursuant to 33 CFR 100.1101(a),

Commander, Coast Guard Activities San

Diego, is designated Patrol Commander

for this event; he has the authority to

delegate this responsibility to any

commissioned, warrant, or petty officer

of the Coast Guard.

DATES: This section is effective from

7:30 a.m. PDT until 6 p.m. PDT,

September 18, 1998, and continues to be

effective from 7:30 a.m. PDT until 6

p.m. PDT every day through, and

including, September 20, 1998. If the

event concludes prior to the scheduled

termination date and/or time, the Coast

Guard will cease enforcement of this

section and will announce that fact via

Broadcast Notice To Mariners.

FOR FURTHER INFORMATION CONTACT:

QMC Michael C. Claeys, U.S. Coast

Guard Activities San Diego, California;

Tel: (619) 683–6309.

SUPPLEMENTARY INFORMATION:

Discussion of Implementation

The World Series of Power Boat

Racing on Mission Bay is scheduled to

occur on September 18 and continues

daily through, and including, September

20, 1998. This event, formerly known as

the Thunderboat Regatta, consists of

racing using high-speed powerboats

with a maximum length of 27 feet.

Neither the sponsor, nor the date, nor

the location of the event has changed

since this event was listed as the

‘‘Thunderboat Regatta’’ in Table 1 of 33

CFR 100.1101.

These Special Local Regulations

permit Coast Guard control of vessel

traffic in order to ensure the safety of

spectator and participant vessels. In

accordance with the regulations in 33

CFR 100.1101, no persons or vessels

shall block, anchor, or loiter in the

regulated area; nor shall any person or

vessel transit through the regulated area,

or otherwise impede the transit of

participant or official patrol vessels in

the regulated area, unless cleared for

such entry by or through an official

patrol vessel acting on behalf of the

Patrol Commander.

Dated: June 25, 1998.

J.C. Card,

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

Eleventh Coast Guard District.

[FR Doc. 98–18947 Filed 7–15–98; 8:45 am]

BILLING CODE 4910–15–M

POSTAL SERVICE

39 CFR Part 111

Use and Determination of Postage

Value of Breast Cancer Research

Semi-postal Stamp

AGENCY: Postal Service.

ACTION: Final rule; request for

comments.

SUMMARY: This rule amends the

Domestic Mail Manual to establish the

terms and conditions for use and

determination of value of the Breast

Cancer Research Semi-postal Stamp.

DATES: Effective July 29, 1998.

Comments must be received on or

before August 17, 1998.

ADDRESSES: Mail or deliver written

comments to the Manager, Mail

Preparation and Standards, 475 L’Enfant

Plaza, SW, Room 6800, Washington, DC,

20260–2405. Copies of all written

comments will be available for

inspection and photocopying between 9

a.m. and 4 p.m., Monday through Friday

at USPS Headquarters Library, 475

L’Enfant Plaza SW, 11th Floor N,

Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Anne Emmerth, (202) 268–2363.

SUPPLEMENTARY INFORMATION: The

Stamp Out Breast Cancer Act, Pub. L.

No. 105–41, 111 Stat. 1119 (1997),

directs the Postal Service to make

available a Breast Cancer Research

Semi-postal Stamp at a special price to

enable the public to make contributions

to fund breast cancer research. The Act

specifies that the price of the special

postage stamp is the First-Class Mail

single-piece first-ounce letter rate plus a

differential not to exceed 25 percent of

that rate category. The Act empowers

the Governors of the United States

Postal Service to establish the price for

the stamp. Pursuant to the Act, the

Governors have established a price of 40

cents for each Breast Cancer Research

Semi-postal Stamp.

Mailers may use the Breast Cancer

Research Semi-postal Stamp in place of

First-Class Mail single-piece first-ounce

letter rate stamps on their mail, if they

so choose, in order to make a

contribution. The difference between

the purchase price of the stamp (40

cents) and the First-Class Mail singlepiece first-ounce letter rate (currently 32

cents) less associated costs will be used

to fund breast cancer research. Pursuant

to the Act, the Postal Service is directed

to pay, after deduction for its reasonable

costs, 70 percent of the revenue from the

differential to the National Institutes of

Health, and the remainder to the

Department of Defense.

The stamp’s dual purposes, namely,

as a means of payment of postage and

as a device for raising funds for breast

cancer research, require that special

terms and conditions apply to the use of

the stamp. In particular, because the

stamp must be made available for a twoyear period, and given that the Act does

not require that the stamp’s price be

changed in the event that a change in

the First-Class Mail single-piece rate is

implemented during the two-year

period, the Postal Service has

determined that the stamp will be nondenominated. This measure preserves

the Governors’ option of maintaining

the price of the Breast Cancer Research

Semi-postal Stamp at 40 cents, even

after the First-Class Mail single-piece

rate is raised to 33 cents after the

stamp’s issuance, without the need to

reprint the stamp with a new numerical

denomination. When the First-Class

Mail single-piece rate is increased to 33

cents on January 10, 1999, the postage

value of Semi-postal stamps purchased

before such change is effected will

remain the same. Stamps purchased

after a change in the First-Class Mail

single-piece rate is effected will have a

postage value equivalent to that rate at

the time of purchase. Thus, Semi-postal

stamps purchased before the First-Class

Mail single-piece rate is changed on

January 10, 1999, will have a postage

value of $0.32; Semi-postal stamps

purchased after the rate change is

implemented will have a postage value

of $0.33.

In lieu of a numerical denomination,

the stamp will bear the words ‘‘FirstClass.’’ This measure is intended to

inform mailers that the stamp’s postage

value is equal to the First-Class Mail

single-piece letter rate in effect at the

time of purchase. In addition, the

Domestic Mail Manual distinguishes the

price of the stamp from its postage value

and establishes that the postage value of

the stamp is determined by the FirstClass Mail first-ounce single-piece letter

rate in effect at the time of purchase.

Conforming limitations on refunds

and valuation for purposes of exchange

or conversion are also included in the

final rule. A conforming amendment is

also made to DMM R000.4.0.

Although exempt from the notice and

comment requirements of the

Administrative Procedure Act (5 U.S.C.

553(b), (c)) regarding rulemaking by 39

U.S.C. 410(a), the Postal Service is

seeking comments on the following

revisions of the Domestic Mail Manual

(DMM), incorporated by reference in the

Code of Federal Regulations. See 39 CFR

part 111.