Federal Register / Vol. 63, No. 138 / Monday, July 20, 1998 /Rules and Regulations 38751

Zoalene in grams/ton Combination in grams/ton Indications for use Limitations

Bacitracin methylene disalicylate

4–50.

Turkeys; prevention and control of

coccidiosis, and increased rate

of weight gain and improved

feed efficiency.

For turkeys grown for meat purposes only, not to be fed to laying birds, feed continuously as

sole ration until 14 to 16 weeks

of age.

* * * * * * *

* * * * *

Dated: July 9, 1998.

Stephen F. Sundlof,

Director, Center for Veterinary Medicine.

[FR Doc. 98–19177 Filed 7–17–98; 8:45 am]

BILLING CODE 4160–01–F

INTERNATIONAL DEVELOPMENT

COOPERATION AGENCY

Agency for International Development

22 CFR Part 228

RIN 0412–AA37

Rules on Source, Origin and

Nationality for Commodities and

Services Financed by USAID:

Miscellaneous Amendments

AGENCY: United States Agency for

International Development (USAID),

IDCA.

ACTION: Final rule.

SUMMARY: USAID is amending its

regulation on source, origin and

nationality for commodities and

services financed by USAID by revising

two rules, one on system determinations

for commodities and one on ocean

transportation eligibility, and by

clarifying waiver provisions.

The final rule amends the coverage on

systems determinations to allow

components of a commodity system to

be shipped to a cooperating country

without first being shipped to and

assembled in an eligible country. This

should reduce the cost of these

transactions by reducing unnecessary

shipments. The rules on eligibility of

transshipments are amended to require

that suppliers obtain a determination

from USAID that direct service on U.S.

a flag vessel is not available before

transshipment from a U.S. flag to a nonU.S. flag vessel will be eligible for

USAID financing. This will ensure

compliance with Cargo Preference

requirements that direct U.S. flag

service be used when available.

DATES: Effective September 18, 1998.

FOR FURTHER INFORMATION CONTACT:

Kathleen O’Hara, Office of Procurement,

Policy Division (M/OP/P) USAID,

Washington, DC 20523–. Telephone:

(202) 712–4759, facsimile: (202) 216–

3395, e-mail address: kohara@usaid.gov.

SUPPLEMENTARY INFORMATION: The

regulation at 22 CFR part 228 was

published as a final rule September 15,

1996 (61 FR 53615). After operating

under the regulation for a year a few

areas have been identified that need

some additional coverage or

clarification. USAID published a

proposed rule to amend 22 CFR part 228

on January 23, 1998 (63 FR 3506). The

only comment received was from the

American Maritime Congress which

affirmed its support for the revisions to

the ocean transportation eligibility

policy. The rule is being amended as

proposed.

List of Subjects in 22 CFR Part 228

Administrative practice and

procedure, Commodity procurement,

Grant programs—foreign relations.

Accordingly 22 CFR part 228 is

amended as follows:

PART 228—[AMENDED]

1. The authority citation continues to

read as follows:

Authority: Sec. 621, Pub. L. 87–195, 75

Stat. 445 (22 U.S.C. 2381), as amended; E.O.

12163, Sept. 29, 1979, 44 FR 56673; 3 CFR

1979 Comp., p. 435.

2. In § 228.11, paragraph (e) is revised

as follows:

§ 228.11 Source and origin of

commodities.

* * * * *

(e) Systems determination. When a

system consisting of more than one

produced commodity is procured as a

single separately priced item, USAID

may determine that the system itself

shall be considered a produced

commodity. When a determination is

made to treat a system as a produced

commodity, component commodities

which originate from other than an

authorized source country may be

shipped directly to, and the system

assembled in, the cooperating country,

unless USAID specifically determines

that assembly and shipment take place

in an authorized source country.

Transportation costs must still meet the

requirements in subpart C of this part in

order for them to be eligible for USAID

financing. USAID, or the importer in the

case of a Commodity Import Program,

shall inform the supplier of any system

determination.

* * * * *

3. Section 228.21 is amended by

adding a sentence at the end of

paragraph (a) and revising paragraph

(c)(4) as follows:

§ 228.21 Ocean transportation.

(a) * * * USAID’s policy on

implementation of the Cargo Preference

Act is in USAID’s Automated Directives

System, Chapter 315.

* * * * *

(c)* * *

(4) USAID will finance costs incurred

on vessels under flag registry of any

Geographic Code 935 country if the

costs are part of the total cost on a

through bill of lading that is paid to a

carrier for initial carriage on a vessel

which is eligible in accordance with

paragraphs (c)(1), (2) or (3) of this

section; provided that for shipments

originating on a U.S. flag vessel with

transshipment to a non-U.S. flag vessel,

the supplier must obtain a

determination that direct serve on a U.S.

flag vessel is not available from USAID’s

Office of Procurement, Transportation

Division, 1300 Pennsylvania Avenue

NW., Washington, DC 20523–7900.

4. Section 228.51, paragraph (a) is

amended by revising the introductory

paragraph and paragraph (a)(1) as

follows:

§ 228.51 Commodities.

(a) Waiver criteria. Any waiver must

be based upon one of the criteria listed

in this section. Waivers to Geographic

Code 899 or Code 935 which are

justified under paragraph (a)(2) or (3) of

this section may only be authorized on

a case-by-case basis. A waiver may be

authorized when:

(1) A commodity required for

assistance is of a type that is not

produced in or available for purchase in
38752 Federal Register / Vol. 63, No. 138 / Monday, July 20, 1998 /Rules and Regulations

the United States; in addition, for

waivers to any country or Geographic

code beyond Code 941 and the

cooperating country, the commodity is

of a type that is not produced in or

available for purchase in any country in

Code 941 or the cooperating country.

* * * * *

5. Section 228.53 is amended by

revising the introductory paragraph and

paragraph (a) as follows:

§ 228.53 Suppliers of services—privately

owned commercial suppliers and non-profit

organizations.

Waiver criteria. Any waiver must be

based upon one of the criteria listed in

this section. Waivers to Geographic

Code 899 or Code 935 which are

justified under paragraph (b) or (c) of

this section may only be authorized on

a case-by-case basis. A waiver may be

authorized when:

(a) Services required for assistance are

of a type that are not available for

purchase in the United States; in

addition, for waivers to any country or

Geographic Code beyond Code 941 and

the cooperating country, the services are

of a type that are not available for

purchase in any country in Code 941 or

the cooperating country.

* * * * *

Dated: May 26, 1998.

Marcus L. Stevenson,

Procurement Executive.

[FR Doc. 98–19253 Filed 7–17–98; 8:45 am]

BILLING CODE 6116–71–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD08–98–040]

RIN 2115–AE46

Special Local Regulations; Cross River

Swim Paducah Summerfest, Ohio

River Mile 934.5 to 936.0, Paducah, KY

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: Special local regulations are

being adopted for the Cross River Swim

Paducah Summerfest on the Ohio River.

This event will be held on Sunday, July

19, 1998, between 1:30 p.m. and 3:30

p.m. on the riverfront in Paducah, KY.

These regulations are needed to provide

for the safety of life on navigable waters

during the event.

DATES: These regulations become

effective at 1:30 p.m. and terminate at

3:30 p.m. on July 19, 1998.

FOR FURTHER INFORMATION CONTACT:

LTJG Tom Boyles, Coast Guard Marine

Safety Office, Paducah, Kentucky at

(502) 442–1621.

SUPPLEMENTARY INFORMATION:

Drafting Information: The drafters of

this regulation are LTJG Tom Boyles,

Project Officer, Coast Guard Marine

Safety Office, Paducah, Kentucky and

LTJG Michele Woodruff, Project

Attorney, Eighth Coast Guard District

Legal Office.

Regulatory History

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

notice of proposed rulemaking has not

been published for this regulation and

good cause exists for making it effective

in less than 30 days from the date of

publication in the Federal Register.

Following normal rulemaking

procedures would have been

impractical. The application to hold the

event was not received with sufficient

time remaining to publish proposed

rules in advance of the event or to

provide for a delayed effect date.

Background and Purpose

The marine event requiring this

regulation is the Cross River Swim

Paducah Summerfest. Approximately

twenty swimmers will participate in a

race across the Ohio River. Various

recreational boats will also be involved

as each swimmer will be accompanied

by a safety vessel. Spectators will be

able to view the event from areas

designated by the sponsor. This event is

sponsored by the Paducah Summerfest.

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 the

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 10e of the

regulatory policies and procedures of

DOT is unnecessary, as this regulation

will be in effect for approximately two

hours in a limited area of the Ohio

River.

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 small

businesses, not-for-profit organizations

that are independently owned and

operated and are not dominant in their

field, and governmental jurisdictions

with populations of less than 50,000.

Therefore, the Coast Guard certifies

under section 605(b) that this rule will

not have a significant effect upon a

substantial number of small entities,

because the regulation is in effect for

approximately eighteen hours in a

limited part of the Ohio River.

Collection of Information

This rule contains no collection of

information requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

Federalism Assessment

This action has been analyzed in

accordance with the principles and

criteria contained in Executive Order

12612, and it has been determined that

the rulemaking does not have sufficient

Federalism implications to warrant the

preparation of a Federalism Assessment.

Environmental Assessment

The Coast Guard has considered the

environmental impact of this action

consistent with section 2–1, paragraph

(34)(h), Commandant Instruction

M16475.1C and has determined that this

rule is categorically excluded from

further environmental documentation.

List of Subject in 33 CFR Part 100

Marine safety, Navigation (water),

Reporting and recordkeeping

requirements. Waterways.

Temporary Regulation

In consideration of the foregoing, the

Coast Guard amends Part 100 of Title

33, Code of Federal Regulations, as

follows:

PART 100—[AMENDED]

1. The authority citation for Part 100

continues to read as follows:

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

33 CFR 100.35.

2. A temporary section 100.35–T08–

040 is added to read as follows:

§ 100.35–T08–040 Special Local

Regulation, Ohio River at Paducah,

Kentucky.

(a) Regulated Area: Ohio River Miles

934.5 to 936.0.

(b) Special Local Regulation: All

persons and/or vessels not registered

with the sponsors as participants or

official patrol vessels are considered

spectators. The ‘‘official patrol’’ consists

of any Coast Guard, public, state or local

law enforcement and/or sponsor