20132 Federal Register / Vol. 61, No. 88 / Monday, May 6, 1996 / Rules and Regulations

provider, as established by rules of a

registered futures association that have

been approved by the Commission, and

who certifies that:

(A) * * *

(3) A pending adjudicatory

proceeding under sections 6(c), 6(d), 6c,

6d, or 9 of the Act, or similar proceeding

under Section 8a of the Act, or §§ 3.55,

3.56, or 3.60; and

* * * * *

Issued in Washington, DC on April 25,

1996, by the Commission.

Jean A. Webb,

Secretary of the Commission.

[FR Doc. 96–10730 Filed 5–3–96; 8:45 am]

BILLING CODE 6351–01–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD13–96–012]

RIN 2115–AE46

Special Local Regulations; Annual

Kennewick, Washington, Columbia

Unlimited Hydroplane Races

AGENCY: Coast Guard, DOT.

ACTION: Direct final rule.

SUMMARY: By this direct final rule, the

Coast Guard is permanently amending a

special local regulation governing

general navigation and anchorage in the

vicinity of the Annual Kennewick,

Washington, Columbia Unlimited

Hydroplane Races. Changes made to this

regulation will clarify its annual

effective date and will revise the

boundaries of the regulated area. This

change is intended to better inform the

boating public and to improve the level

of safety at this event.

DATES: This rule is effective on July 22,

1996, unless the Coast Guard receives

written adverse comments or written

notice of intent to submit adverse

comments on or before June 20, 1996.

ADDRESSES: Comments may be mailed to

U.S. Coast Guard Group Portland, 6767

N. Basin Ave., Portland, OR 97217–

3992. The comments and other

materials referenced in this notice will

be available for inspection and copying

at the above address in the St. Helens

Building, Waterways Management

Section. Normal office hours are

between 7 a.m. and 4 p.m., Monday

through Friday, except Federal holidays.

Comments may also be hand-delivered

at this address.

FOR FURTHER INFORMATION CONTACT:

Lieutenant (Junior Grade) C.A. Roskam,

Waterways Management Section, U.S.

Coast Guard MSO/Group Portland, OR

(Telephone: (503) 240–9327).

SUPPLEMENTARY INFORMATION:

Request for Comments

Any comments must identify the

name and address of the person

submitting the comment, specify the

rulemaking docket (CGD13–96–012) and

the specific section of this rule to which

each comment applies, and give the

reason for each specific comment.

Please submit two copies of all

comments and attachments in an

unbound format, no larger than 81⁄2 by

11 inches, suitable for copying and

electronic filing. Persons wanting

acknowledgment of receipt of comments

should enclose stamped, self-addressed

postcards or envelopes.

Regulatory Information

The Coast Guard is publishing a direct

final rule, the procedures of which are

outlined in 33 CFR 1.05–55, because no

adverse comments are anticipated. If no

adverse comments or any written notice

of intent to submit adverse comment are

received within the specified comment

period, this rule will become effective as

stated in the DATES section. In that case,

approximately 30 days prior to the

effective date, the Coast Guard will

publish a notice in the Federal Register

stating that no adverse comment was

received and confirming that this rule

will become effective as scheduled.

However, if the Coast Guard receives

written adverse comment or written

notice of intent to submit adverse

comment, the Coast Guard will publish

a notice in the final rule section of the

Federal Register to announce

withdrawal of all or part of this direct

final rule. If adverse comments apply to

only part of this rule, and it is possible

to remove that part without defeating

the purpose of this rule, the Coast Guard

may adopt as final those parts of this

rule on which no adverse comments

were received. The part of this rule that

was the subject of adverse comment will

be withdrawn. If the Coast Guard

decides to proceed with a rulemaking

following receipt of adverse comments,

a separate Notice of Proposed

Rulemaking (NPRM) will be published a

new opportunity for comment provided.

A comment is considered ‘‘adverse’’ if

the comment explains why this rule

would be inappropriate, including a

challenge to the rule’s underlying

premise or approach, or would be

ineffective or unacceptable without a

change.

Background and Purpose

Each year, during the last week in

July, the Annual Kennewick,

Washington, Columbia Unlimited

Hydroplane Races are held on the

waters of the Columbia River between

the western end of Hydro Island and the

western end of Clover Island. Under

current Coast Guard regulations, 33 CFR

100.1303, a special local regulation is

established each year during the event

to provide for public safety by

controlling the movement of spectators

and participants in the area of the race

course.

The current regulations do not clearly

state the days and times each year when

the become effective. In years past, the

Coast Guard has published a notice of

implementation in the Federal Register

in order to clearly announce the

effective dates and times of the

regulations for a given year. This direct

final rule will permanently amend 33

CFR 100.1303, making the regulation

effective each year on the last Tuesday

through Sunday in July from 8:30 a.m.

local time until the last race is

completed each day at approximately

7:30 p.m. local time.

In recent years, the number of

recreational vessels transiting the area

near the race course and the number of

spectator craft anchoring in the vicinity

of the race course has greatly increased.

The majority of the recreational vessels

drawn to this event congregate in the

vicinity of the upstream end of the race

course. Often, spectator craft anchoring

upstream of the race course break free

of their anchorage and drift downstream

onto the race course, endangering both

themselves and race participants.

To promote the safety of spectators

and participants, the boundaries of the

regulated navigation area created by this

special local regulation are being

revised. This revision will move the

upriver boundary an additional 400

yards upriver. This change is intended

to increase the distance between the

upriver boundary of the regulated area

and the race course, therefore

decreasing the likelihood that spectator

boats will drift downriver into the

course. At the same time the downriver

boundary of the regulated area will be

moved upriver and additional 1,000

yards. This change is intended to

decrease the distance between the

downriver boundary of the regulated

area and the race course, therefore

encouraging spectators to observe the

race from the downriver side where

there is little danger of drifting into the

course.

Discussion of Rules

The Coast Guard is permanently

amending 33 CFR 100.1303—Annual

Kennewick, Washington, Columbia

Unlimited Hydroplane Races.
Federal Register / Vol. 61, No. 88 / Monday, May 6, 1996 / Rules and Regulations 20133

The annual effective dates and times

of the regulation are amended so that

the regulation becomes effective each

year on the last Tuesday through

Sunday in July from 8:30 a.m. local time

until the last race is completed each day

at approximately 7:30 p.m. local time.

The boundaries of the regulated

navigation area created by these

regulations are also amended. The

boundaries of the current regulated area,

as defined in this section, include all

waters of the Columbia River from the

western end of Hydro Island to the

western end of Clover Island at

Kennewick, Washington. This

amendment will change the boundaries

of this regulated area to include all

waters of the Columbia River between a

point 400 yards upriver of Hydro Island

and a point 1,000 yards upriver of

Clover Island. As amended, the

regulated area created by this regulation

will include all waters of the Columbia

River bounded by two lines drawn from

shore to shore. The first line will run

between position latitude 46°14′07′′ N,

longitude 119°10′42′′ W and position

latitude 46°13′42′′ N, longitude

119°10′51′′ W. The second line will run

between position latitude 46°13′35′′ N,

longitude 119°07′34′′ W and position

latitude 46°13′10′′ N, longitude

119°07′47′′ W. Within these boundaries,

general navigation and anchorage will

be restricted by this regulation during

the hours it is in effect. This change is

intended to encourage spectator craft to

anchor downriver of the race course,

which would greatly reduce the number

of vessels congregating upriver of the

race course and reduce the risk of

vessels floating downriver onto the race

course. It is also intended to reduce the

number of recreational vessels transiting

from one end of the race course to the

other before and after the race, thus

reducing congestion in the vicinity of

the event.

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 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 rule to be so minimal that

a full Regulatory Evaluation under

paragraph 10e of the regulatory policies

and procedures of DOT is unnecessary.

This conclusion is based on the fact that

only minor changes are being made to

the regulations and that the changes

made reduce the area affected by

approximately one half mile.

Small Entities

Under the Regulatory Flexibility Act

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

must consider the economic impact on

small entities of a rule for which a

general notice of proposed rulemaking

is required. ‘‘Small entities’’ may

include (1) small businesses and not-forprofit organizations that are

independently owned and operated and

are not dominant in their fields and (2)

governmental jurisdictions with

populations of less than 50,000.

The regulated navigation area created

by this section is being reduced by this

direct final rule. Moreover, vessels

desiring to transit this area of the

Columbia River may do so by

scheduling their trips in the evening

when the restrictions on general

navigation imposed by this section will

not be in effect. For these reasons, the

Coast Guard certifies under 5 U.S.C.

605(b) that this change will not have a

significant economic impact on a

substantial number of small entities.

Collection-of-Information

This rule contains no collection-ofinformation requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

Federalism

The Coast Guard has analyzed this

rule under the principles and criteria

contained 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 considered the

environmental impact of this rule and

concluded that, under paragraph

2.B.2.e.34(h) of Commandant

Instruction M16475.1B, (as revised by

59 FR 38654, July 29, 1994), this rule is

categorically excluded 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 100

Marine safety, Navigation (water),

Reporting and recordkeeping

requirements, Waterways.

Regulation

For the reasons set out in the

preamble, the Coast Guard amends 33

CFR part 100 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. Section 100.1303 is amended by

revising paragraphs (a) and (b) as

follows:

§ 100.1303 Annual Kennewick,

Washington, Columbia Unlimited

Hydroplane Races.

(a) This regulation is effective each

year on the last Tuesday through

Sunday in July from 8:30 a.m. local time

until the last race is completed each day

at approximately 7:30 p.m. local time,

unless sooner terminated by the Patrol

Commander.

(b) The Coast Guard will restrict

general navigation and anchorage by

this regulation during the hours it is in

effect on all waters of the Columbia

River bounded by two lines drawn from

shore to shore; the first line running

between position latitude 46°14′07′′ N,

longitude 119°10′42′′ W and position

latitude 46°13′42′′ N, longitude

119°10′51′′ W; and the second line

running between position latitude

46°13′35′′ N, longitude 119°07′34′′ W

and position latitude 46°13′10′′ N,

longitude 119°07′47′′ W. [Datum: NAD

83]

* * * * *

Dated: April 25, 1996.

J.W. Lockwood,

Rear Admiral, U.S. Coast Guard District

Commander.

[FR Doc. 96–11236 Filed 5–3–96; 8:45 am]

BILLING CODE 4910–14–M

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Part 2

RIN 2900–AH74

Delegation of Authority To Order Paid

Advertising for Use in Recruitment

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

SUMMARY: This document amends

regulations concerning delegations of

authority to order paid advertising for

use in recruitment. Under the previous

regulations, the authority was delegated

to heads of each department; to the

Director, Office of Personnel and Labor

Relations; to the deputies to such

officials; and to field facility heads. To

reflect current organizational structure

and titles, and to ensure that delegations

are made to all of those who need