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
Federal Register / Vol. 63, No. 138 / Monday, July 20, 1998 /Rules and Regulations 38753

provided vessels assigned to patrol the

event.

(1) No spectators shall anchor, block,

loiter in, or impede the through transit

of participants or official patrol vessels

in the regulated area during effective

dates and times, unless cleared for such

entry by or through an official patrol

vessel.

(2) When hailed and/or signaled by an

official patrol vessel, a spectator shall

come to an immediate stop. Vessels

shall comply with all directions given;

failure to do so may result in a citation.

(3) The Patrol Commander is

empowered to control the movement of

all vessels in the regulated area. The

Patrol Commander may terminate the

event at any time it is deemed necessary

for the protections of life and/or

property and can be reached on VHF–

FM Channel 16 by using the call sign

‘‘PATCOM’’

(c) Dates: This section is effective at

1:30 p.m. and terminates at 3:30 p.m. on

July 19, 1998.

Dated: July 7, 1998.

Fred J. Plute,

Rear Admiral, U.S. Coast Guard Commander,

Eighth Coast Guard District.

[FR Doc. 98–19180 Filed 7–17–98; 8:45 am]

BILLING CODE 4910–15–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD11–98–005]

RIN 2115–AA97

Safety/Security Zone; San Francisco

Bay, San Pablo Bay, Carquinez Strait,

and Suisun Bay, CA

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: The Coast Guard is

establishing a moving safety/security

zone around vessels transporting foreign

research reactor spent nuclear materials

on the navigable waters of San

Francisco Bay, San Pablo Bay,

Carquinez Strait, and Suisun Bay, CA.

The zone will extend 200 yards ahead

and astern, and 100 yards to each side

of each vessel carrying the nuclear

materials, during transit from San

Francisco Main Ship Channel buoys 7

and 8 to the Weapons Support Facility

Seal Beach Detachment Concord on

Suisun Bay. The zone will remain in

effect while the transport vessels are

moored at the Weapons Support Facility

Seal Beach Detachment Concord until

all nuclear materials cargo operations

have been completed.

The purposes of this safety/security

zone are three-fold: To ensure the safety

of the participant transport vessels and

crew, and of all other vessels and crew

in the vicinity of the participant

transport vessels; to protect the

environment against potential harm;

and to ensure the security of the

participant transport vessels, and of the

property of the United States

Government contained on those vessels,

against sabotage or other subversive

and/or disruptive acts. No persons or

vessels will be allowed to enter, operate,

or anchor within this zone, except as

may be authorized by Commander,

Eleventh Coast Guard District, or his

designated representative.

DATES: This rule becomes effective July

8, 1998.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Commander Mark Dix, U.S.

Coast Guard Marine Safety Office San

Francisco Bay, at (510) 437–3073.

SUPPLEMENTARY INFORMATION:

Regulatory History

On May 7, 1998, the Coast Guard

published a notice of proposed

rulemaking entitled Safety/Security

Zone: San Francisco Bay, San Pablo

Bay, Carquinez Strait, and Suisun Bay,

CA in the Federal Register (63 FR

25189–25191). The comment period

ended July 6, 1998. The Coast Guard

received no comments on the proposal.

No public hearing was requested, and

none was held.

Good cause exists for making this rule

effective prior to publication of this

Final Rule in the Federal Register

because the shipments of spent nuclear

materials necessitating promulgation of

this safety/security zone may begin

immediately. Consequently, shipments

of spent nuclear materials might occur

prior to the effective date of this

regulation if the regulation does not

become effective until 30 days after

publication of this Final Rule in the

Federal Register, creating hazardous,

unsafe navigation conditions and

serious national security concerns

during the shipments.

Background and Purpose

As part of a major national security

objective to further the objectives of the

1968 Treaty On Non-Proliferation of

Nuclear Weapons, the United States

Department of Energy (DOE) will be

receiving several shipments of foreign

research reactor spent nuclear fuel at the

Weapons Support Facility Seal Beach

Detachment Concord in Concord, CA

over a period of years. As such, DOE is

responsible for the shipments

necessitating promulgation of this

safety/security zone.

The Coast Guard is establishing a

temporary moving safety/security zone

around any/all vessels transporting

these foreign research reactor spent

nuclear materials on behalf of DOE and

the United States Government on the

navigable waters of San Francisco Bay,

San Pablo Bay, Carquinez Strait, and

Suisun Bay, CA, and at the Weapons

Support Facility Seal Beach

Detachment.

The Coast Guard does not anticipate

that maritime traffic will be significantly

impacted by the promulgation of this

safety/security zone because the transit

of the transport vessel(s) is expected to

be expeditious, and it has been

scheduled on a day and time of

historically light maritime traffic, so as

to maximize safety and minimize any

delay or inconvenience caused by the

shipment. The purposes of this safety/

security zone are three-fold: (1.)

Pursuant to 33 CFR 165.23, to ensure

the safety of the participant transport

vessel(s) and crew, and of all other

vessels and crew in the vicinity of the

participant transport vessel(s) (2.)

pursuant to 33 CFR 165.23, to protect

the environment against potential harm;

and, (3.) pursuant to 33 CFR 165.33, to

ensure the security of the participant

transport vessel(s), and of the property

of the United States Government

contained on those vessels, against

sabotage or other subversive and/or

disruptive acts. No persons or vessels

will be allowed to enter, operate, or

anchor within this moving zone during

transport vessel transit, including any

emergency mooring or anchoring,

except as may be authorized by

Commander, Eleventh Coast Guard

District, or his designated

representative.

Discussion

The safety/security zone will extend

200 yards ahead and astern, and 100

yards to each side of each vessel

carrying the nuclear materials, during

transit from San Francisco Main Ship

Channel buoys 7 and 8 to the Weapons

Support Facility Seal Beach Detachment

Concord on Suisun Bay. Once each

vessel carrying the nuclear materials is

safely moored, the zone will close to

encompass all waters within 100 yards

of each vessel and will remain so until

all nuclear materials cargo handling

operations have been completed. No

persons or vessels will be allowed to

enter, operate, or anchor within this

zone, except as may be authorized by

Commander, Eleventh Coast Guard

District, or his designated

representative.