20034 Federal Register / Vol. 60, No. 78 / Monday, April 24, 1995 / Rules and Regulations

spectator craft from the hazards

associated with high speed powerboat

racing.

EFFECTIVE DATE: This rule is effective

from 10 a.m. until 7 p.m. on May 20,

and May 21, 1995, unless extended or

terminated sooner by the Captain of the

Port, New York.

FOR FURTHER INFORMATION CONTACT:

Lieutenant (Junior Grade) K. Messenger,

Maritime Planning Staff Chief, Coast

Guard Group New York, (212) 668–

7934.

SUPPLEMENTARY INFORMATION:

Drafting Information

The drafters of this notice are LTJG K.

Messenger, Project Manager, Coast Guard

Group New York and LCDR J. Stieb, Project

Attorney, First Coast Guard District, Legal

Office.

Regulatory History

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

proposed rulemaking (NPRM) was not

published for this regulation and this

regulation is being made effective in less

than 30 days as good cause exists for not

publishing an NPRM and making this

regulation effective in less than 30 days.

Due to the date this application was

received, there was insufficient time to

draft and publish a notice of proposed

rulemaking that allows for a reasonable

comment period prior to the event. The

delay encountered if normal rulemaking

procedures were followed would

effectively cancel this event.

Cancellation of this event is contrary to

public interest.

Background and Purpose

On March 16, 1995, the Greenwood

Lake Powerboat Association and the

West Milford Chamber of Commerce

submitted an application to hold a

powerboat race on the waters of

Greenwood Lake. The safety zone

encompasses a southern portion of

Greenwood Lake, shore to shore, south

of latitude 41°09′ N, and north of

latitude 41°08′ N. The safety zone is

rectangular in shape with the northern

and southern boundaries both marked

by four temporary buoys. The safety

zone is in effect from 10 a.m. until 7

p.m. on May 20, and May 21, 1995,

unless extended or terminated sooner by

the Captain of the Port, New York. This

safety zone precludes all vessels from

transiting this portion of Greenwood

Lake and is needed to protect mariners

from the hazards associated with high

speed powerboats racing in confined

waters.

Regulatory Evaluation

This regulation 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 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

regulation to be so minimal that a full

Regulatory Evaluation under paragraph

10(e) of the regulatory policies and

procedures of DOT is unnecessary. This

safety zone closes a one mile segment in

the southern portion of Greenwood Lake

to all vessel traffic from 10 a.m. until 7

p.m. on May 20, and May 21, 1995,

unless extended or terminated sooner by

the Captain of the Port, New York.

Although this regulation prevents traffic

from transiting this area, the effect of

this regulation will not be significant for

several reasons. Due to the limited

duration of the race; that the event is

taking place on an inland lake which

has no commercial traffic; and that this

is an annual event with local support,

the impact of this regulation is expected

to be so minimal that a Regulatory

Evaluation is unnecessary.

Small Entities

Under the Regulatory Flexibility Act

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

must consider whether this regulation

will have a significant economic impact

on a substantial number of small

entities. ‘‘Small entities’’ include

independently owned and operated

small businesses that are not dominant

in their field and that otherwise qualify

as ‘‘small business concerns’’ under

Section 3 of the Small Business Act (15

U.S.C. 632).

For the reasons given in the

Regulatory Evaluation, the Coast Guard

expects the impact of this regulation to

be minimal. The Coast Guard certifies

under 5 U.S.C. 605(b) that this

regulation will not have a significant

economic impact on a substantial

number of small entities.

Collection of Information

This regulation contains no collection

of information requirements under the

Paperwork Reduction Act (44 U.S.C.

3501).

Federalism

The Coast Guard has analyzed this

action in accordance with the principles

and criteria contained in Executive

Order 12612 and has determined that

this regulation does not raise 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 section

2.B.2.e. of Commandant Instruction

M16475.1B, revised 59 FR 38654, July

29, 1994, the promulgation of this

regulation is categorically excluded

from further environmental

documentation. A Categorical Exclusion

Determination and Environmental

Analysis Checklist are included in the

docket. An appropriate environmental

analysis of the powerboat race will be

conducted in conjunction with the

marine event permitting process.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and recordkeeping

requirements, Security measures,

Waterways.

Regulation

For 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 temporary section, 165.T01–037,

is added to read as follows:

§ 165.T01–037 Safety Zone; Greenwood

Lake Powerboat Race, Greenwood Lake,

New Jersey.

(a) Location. The waters of

Greenwood Lake, shore to shore, south

of latitude 41°08′ N.

(b) Effective period. This safety zone

is in effect from 10 a.m. until 7 p.m. on

May 20, and May 21, 1995, unless

extended or terminated sooner by the

Captain of the Port, New York.

(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 13, 1995.

T.H. Gilmour,

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

Port, New York.

[FR Doc. 95–10069 Filed 4–21–95; 8:45 am]

BILLING CODE 4910–14–M
Federal Register / Vol. 60, No. 78 / Monday, April 24, 1995 / Rules and Regulations 20035

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Part 21

RIN 2900–AH25

Veterans Education: Establishing

Eligibility Under the Montgomery GI

Bill—Active Duty

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

SUMMARY: This document amends the

Vocational Rehabilitation and Education

regulations to reflect the statutory

requirement that individuals seeking to

establish eligibility for educational

assistance under the Montgomery GI

Bill—Active Duty through a

combination of active duty service and

service in the Selected Reserve must

enter the Selected Reserve within one

year of discharge from active duty.

EFFECTIVE DATE: December 18, 1989, the

date this requirement became effective.

FOR FURTHER INFORMATION CONTACT: June

C. Schaeffer, Assistant Director for

Policy and Program Administration,

Education Service, Veterans Benefits

Administration (202) 273–7187.

SUPPLEMENTARY INFORMATION: 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 (RFA), 5 U.S.C. 601–612.

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

amended regulations, therefore, are

exempt from the initial and final

regulatory flexibility analyses

requirements of sections 603 and 604.

This final rule merely reflects statutory

requirements. Further, the final rule

affects only individuals, and does not

directly affect small entities.

List of Subjects in 38 CFR Part 21

Civil rights, Claims, Education, Grant

programs—education, Loan programs—

education, Reporting and recordkeeping

requirements, Schools, Veterans,

Vocational education, Vocational

rehabilitation.

Approved: March 21, 1995.

Jesse Brown,

Secretary of Veterans Affairs.

For the reasons set out in the

preamble, 38 CFR part 21, subpart K is

amended as set forth below.

PART 21—VOCATIONAL

REHABILITATION AND EDUCATION

Subpart K—All Volunteer Force

Educational Assistance Program (New

GI Bill)

1. The authority citation for part 21,

subpart K continues to read as follows:

Authority: 38 U.S.C. chapter 30, Pub. L.

98–525, 38 U.S.C. 510(a).

2. In § 21.7042 paragraph (b)(4) and its

authority citation are revised to read as

follows:

§ 21.7042 Basic eligibility requirements.

* * * * *

(b) * * *

(4) Except as provided in paragraph

(b)(7) of this section, after completion of

active duty service, the individual must

serve at least four continuous years of

service in the Selected Reserve. An

individual whose release from active

duty service occurs after December 17,

1989, must begin this service in the

Selected Reserve within one year from

the date of his or her release from active

duty. During this period of service in

the Selected Reserve the individual

must satisfactorily participate in

training as prescribed by the Secretary

concerned.

(Authority: 38 U.S.C. 3012(a)(1); Pub. L. 100–

689, Pub. L. 101–237)

* * * * *

[FR Doc. 95–9990 Filed 4–21–95; 8:45 am]

BILLING CODE 8320–01–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Health Care Financing Administration

42 CFR Part 493

[HSQ–216–FC]

RIN 0938–AG71

CLIA Program; Categorization of Tests

and Personnel Modifications

AGENCY: Health Care Financing

Administration (HCFA) and Public

Health Service (PHS), HHS.

ACTION: Final rule with comment period.

SUMMARY: In this rule we are responding

to some of the comments on

categorization of tests and personnel

requirements received in response to

rules published on February 28, 1992

and January 19, 1993. (In a future rule,

we will be responding to the remaining

comments.) We are revising our

regulations to: Allow dentists and

midlevel practitioners to perform tests

in the ‘‘physician-performed’’

microscopy (PPM) subcategory of

moderate complexity procedures (we

now call the subcategory ‘‘providerperformed’’); include three additional

tests in PPM; and expand provisions

relating to general supervisor and high

complexity testing personnel.

DATES: Effective date: These regulations

are effective April 24, 1995.

Comment date: Comments on the

addition of three PPM tests will be

considered if we receive them at the

appropriate address, as provided under

ADDRESSES, no later than 5 p.m. on June

23, 1995.

ADDRESSES: Mail written comments (1

original and 3 copies) to the following

address: Health Care Financing

Administration, Department of Health

and Human Services, Attention: HSQ–

216–FC, P.O. Box 26676, Baltimore, MD

21207.

If you prefer, you may deliver your

written comments (1 original and 3

copies) to one of the following

addresses:

Room 309–G, Hubert H. Humphrey

Building, 200 Independence Avenue,

SW., Washington, DC 20201,

or

Room 132, East High Rise Building,

6325 Security Boulevard, Baltimore,

MD 21207.

Because of staffing and resource

limitations, we cannot accept comments

by facsimile (FAX) transmission. In

commenting, please refer to file code

HSQ–216–FC. Comments received

timely will be available for public

inspection as they are received,

generally beginning approximately 3

weeks after publication of a document,

in Room 309–G of the Department’s

offices at 200 Independence Avenue,

SW., Washington, DC, on Monday

through Friday of each week from 8:30

a.m. to 5 p.m. (phone: (202) 690–7890).

For comments that relate to

information collection requirements,

mail a copy of comments to: Office of

Information and Regulatory Affairs,

Office of Management and Budget,

Room 10235, New Executive Office

Building, Washington, DC 20503, Attn:

Allison Herron Eydt, HCFA Desk

Officer.

Copies: To order copies of the Federal

Register containing this document, send

your request to: New Orders,

Superintendent of Documents, P.O. Box

371954, Pittsburgh, PA 15250–7954.

Specify the date of the issue requested

and enclose a check or money order

payable to the Superintendent of

Documents, or enclose your Visa or

Master Card number and expiration

date. Credit card orders can also be

placed by calling the order desk at (202)