Federal Register / Vol. 61, No. 93 / Monday, May 13, 1996 / Rules and Regulations 21963

poses a safety concern, which is

addressed in these special local

regulations.

The temporary special local

regulations will not permit the entry or

movement of spectator vessels and other

non-participating vessel traffic within

an area 500 yards ahead, 100 yards

astern, and 50 yards to either side of the

vessels participating in the parade of

boats between Town Creek Reach Buoy

2 (LLNR 2215) and the City Marina on

the Ashley River, from 12 to 4 p.m. EDT,

on May 18, 1996. The regulations will

permit the movement of

nonparticipating vessels within the

regulated area after the termination of

the event, at the discretion of the Coast

Guard Patrol Commander.

Regulatory Evaluation

This proposal is not a significant

regulatory action under Section 3(f) of

the Executive Order 12866 and does not

require an assessment of the 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

proposed rule to be so minimal that a

full Regulatory Evaluation under

paragraph 10e of the regulatory policies

and procedures of DOT is unnecessary.

The regulated area encompasses less

than 3 nautical miles of the Cooper and

Ashley Rivers in Charleston, SC, and the

regulation would be in effect for only 4

hours the day of the event.

Small Entities

Under the Regulatory Flexibility Act

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

must consider whether this proposal

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 reasons set forth in the above

Regulatory Evaluation, the Coast Guard

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

proposal, if adopted, would not have a

significant economic impact on a

substantial number of small entities.

Collection of Information

These proposed regulations contain

no collection of information

requirements under the Paperwork

Reduction Act (44 U.S.C. 3501 et. seq.).

Federalism

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 proposal

consistent with Section 2.B.2.e of

Commandant Instruction M16475.1

(Series). In accordance with that section,

this event has been determined to be

categorically excluded. Specifically, the

Coast Guard has consulted with the

South Carolina Department of Natural

Resources and Department of

Environmental and Health Control, the

Army Corps of Engineers, the U.S. Fish

and Wildlife Service, and the National

Marine Fisheries Service regarding the

environmental impact of this event, and

it has been determined that the event

does not jeopardize the continued

existence of protected species.

List of Subjects in 33 CFR Part 100

Marine safety, Navigation (water),

Reporting and recordkeeping

requirements, Waterways.

Temporary Regulation

PART 100—[AMENDED]

For reasons set out in the preamble,

the Coast Guard amends 33 CFR Part

100 as follows:

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–T07–

031 is added to read as follows:

§ 100.35–T07–031 Charleston Power

Squadron Boating Safety Parade; Wando,

Cooper and Ashley Rivers, Charleston, SC.

(a) Definitions: (1) Regulated area.

The regulated area is formed around the

area 500 yards ahead of the lead vessel

of the parade, 100 yards astern of the

last parade vessel, and 50 yards to either

side of all parade vessels along the

parade route described in paragraph

(a)(2) of this section.

(2) Parade route. The parade route

begins at the Town Creek Lower Reach

buoy 2 (LLNR 2215) in approximate

position 32°47.6′ N, 079°55.35′ W,

thence south along the Charleston

peninsula to 32°45.95′ N, 079°55.34′ W,

thence up the Ashley River, and

continuing to the finishing point at City

Marina, in approximate position

32°46.8′ N, 79°57.18′ W. All coordinates

referenced use datum: NAD 1983.

(3) Coast Guard Patrol Commander.

The Coast Guard Patrol Commander is

a commissioned, warrant or petty officer

of the Coast Guard who has bee

designated by the Commander, Coast

Guard Group Charleston, South

Carolina.

(b) Special local regulations.

(1) Entry into the regulate area by

other than authorized parade

participants or official patrol vessels is

prohibited, unless authorized by the

Patrol Commander.

(2) After termination of the Charleston

Power Squadron Boating Safety Parade

and departure of the parade participants

from the regulated area, all vessels may

resume normal operations.

(c) Effective date. This section is

effective at 12 p.m. and terminates at 4

p.m. EDT, on May 18, 1996, unless

otherwise specified in the Seventh Coast

Guard District Local Notice to Mariners.

Dated: April 30, 1996.

Roger T. Rufe, Jr.,

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

Seventh Coast Guard District.

[FR Doc. 96–11901 Filed 5–10–96; 8:45 am]

BILLING CODE 4910–14–M

33 CFR Part 165

[CGD01–96–026]

RIN 2115–AA97

Safety Zone: Fire Island Lighthouse

Fireworks Display, Fire Island, NY

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a safety zone for the Fire

Island Lighthouse Fireworks Display to

be held on Great South Bay, Fire Island,

NY, on May 26, 1996. This safety zone

is needed to protect persons, facilities,

vessels and others in the maritime

community from the safety hazards

associated with this fireworks display.

Entry into this safety zone is prohibited

unless authorized by the Captain of the

Port.

EFFECTIVE DATE: This regulation is

effective on May 26, 1996, from 9:30

p.m. until 9:45 p.m. unless extended or

terminated sooner by the Captain of the

Port. There is no rain date scheduled for

this event.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Commander T.V. Skuby,

Chief of Port Operations, Captain of the

Port, Long Island Sound at (203) 468–

4464.
21964 Federal Register / Vol. 61, No. 93 / Monday, May 13, 1996 / Rules and Regulations

SUPPLEMENTARY INFORMATION:

Regulatory History

As authorized by 5 U.S.C. 553, a

notice of proposed rulemaking (NPRM)

was not published for this regulation.

Good cause exists for not publishing a

NPRM and for making this regulation

effective in less than 30 days after

Federal Register publication. Due to the

complex planning and coordination

involved, the sponsor of the event was

unable to provide the Coast Guard with

the final details for the events in

sufficient time to publish a NPRM or a

final rule 30 days in advance. The delay

encountered if normal rule making

procedures were followed would

effectively cancel the event.

Background and Purpose

On February 15, 1996, the sponsor,

Fire Island Lighthouse Preservation

Society, Fire Island, NY, requested that

a 15 minute fireworks display, be

permitted in Great South Bay, located

approximately 1000 yards southeast of

Captree State Park, Fire Island, NY. The

fireworks display will occur on May 26,

1996, from 9:30 p.m. until 9:45 p.m. The

safety zone covers all waters of Great

South Bay within a 1200 foot radius of

the fireworks launching barge. This

zone is required to protect the maritime

community from the safety dangers

associated with this fireworks display.

Entry into or movement within this

zone will be prohibited unless

authorized by the Captain of the Port or

his on scene representative.

Regulatory Evaluation

This temporary final 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 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 proposal to be so minimal

that a full Regulatory Evaluation under

paragraph 10e of the regulatory policies

and procedures of DOT is unnecessary.

This safety zone involves only a portion

of Great South Bay and entry into this

zone will be restricted for only 15

minutes on May 26, 1996. Although this

regulation prevents traffic from

transiting Great South Bay, at Fire

Island, NY, the effect of this regulation

will not be significant for several

reasons: the safety zone will not impact

a navigable channel; the duration of the

event is limited; the event is at a late

hour; all vessel traffic may safely pass

to the seaward side of this safety zone;

and extensive, advance maritime

advisories will be made.

Small Entities

Under the Regulatory Flexibility Act

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

must consider whether this proposal

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 (14

U.S.C. 632).

For the reasons addressed under the

Regulatory Evaluation above, the Coast

Guard expects the impact of this

regulation to be minimal and certifies

under section 605(b) of the Regulatory

Flexibility Act (5 U.S.C. 601 et seq.) that

this final rule will not have a significant

economic impact on a substantial

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

action in accordance with the principles

and criteria contained in Executive

Order 12612, and has determined that

these regulations do 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, 1995, the promulgation of this

regulation is categorically excluded

form further environmental

documentation. A Categorical Exclusion

Determination and a Environmental

Analysis Checklist are included in the

docket. An appropriate environmental

analysis of the fireworks program 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.

For the reasons set out in the

preamble, the Coast Guard amends 33

CFR Part 165 as follows:

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.T01–026,

is added to read as follows:

§ 165.T01–026 Fire Island Lighthouse

Fireworks Display, Fire Island, NY.

(a) Location. The safety zone includes

all waters of Great South Bay within a

1200 foot radius of the fireworks barge,

located offshore approximately 1000

yards southeast of Captree State Park in

Great South Bay, Fire Island, NY, in

approximate position 40°38′00′′ N,

073°15′00′′ W. (NAD 1983)

(b) Effective date. This section is

effective on May 26, 1996, from 9:30

p.m. until 9:45 p.m., unless extended or

terminated sooner by the Captain of the

Port Long Island Sound. In case of

inclement weather there is no rain date

scheduled for this event.

(c) Regulations. The general

regulations covering safety zones

contained in § 165.23 of this part apply.

Dated: May 2, 1996.

W.R. Grawe,

Commander, U.S. Coast Guard, Captain of

the Port, Long Island Sound.

[FR Doc. 96–11900 Filed 5–10–96; 8:45 am]

BILLING CODE 4910–14–M

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Part 17

RIN 2900–AH95

Medical; Nonsubstantive

Miscellaneous Changes

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

SUMMARY: This document amends the

Department of Veterans Affairs medical

regulations in 38 CFR Part 17 by making

a number of nonsubstantive changes.

More specifically, section numbers are

redesignated, redundant material is

removed, restatements of statutory

material are removed, certain position

titles and organizational titles are

changed to reflect current titles,

authority citations are added, obsolete

material is removed, and material

inadvertently deleted is restored. These

changes are made for clarity and

accuracy.

EFFECTIVE DATE: May 13, 1996.

FOR FURTHER INFORMATION CONTACT:

LeRoy E. Cossette, Acting Director,

Headquarters Health Administration

Service (161A), Department of Veterans