26106 Federal Register / Vol. 61, No. 102 / Friday, May 24, 1996 / Rules and Regulations

acknowledgment of receipt of comments

should enclose a stamped, selfaddressed postcard or envelope.

The Coast Guard will consider all

comments received during the comment

period and may change this section in

view of the comments. The Coast Guard

plans no public hearing; however, a

public hearing may be requested by an

interested person by writing to the

Project Manager at the address under

ADDRESSES. If it is determined that the

opportunity for oral presentations at a

public meeting will aid this rulemaking,

the Coast Guard will hold such a public

hearing at a time and place announced

by a later notice in the Federal Register.

Background and Purpose

PEER Consultants, P.C. is conducting

repairs and maintenance on the Long

Island Bridge, Boston Harbor, Boston,

MA. Contract work is being conducted

to ensure bridge integrity by replacing/

repairing selected structural members of

the Long Island Bridge. In order to

provide for the safe repair and

maintenance of the Long Island Bridge,

the Coast Guard deems an RNA

necessary.

Discussion of the Rule

The RNA includes all waters of

Boston Harbor within a 600 × 200 yard

rectangle bound by the following

coordinates: 42°18′26′′ N, 070°59′12′′ W;

42°18′35′′ N, 070°58′51′′ W; 42°18′31′′

N, 070°58′49′′ W; 42°18′23′′ N,

070°59′09′′ W. [Datum: NAD 1983]. A

barge mooring area will be located on

the northwestern side of the bridge

within the RNA boundaries. Also,

several work boats and barges will be

operating in the RNA. Vessels in the

regulated area will be required to

operate at a no-wake speed to protect

contract workers aboard the work boats

and barges. The repair work is

scheduled to take place from May 7,

1996, until October 31, 1996. Repair

work will be conducted from 9:30 a.m.

to 3:30 p.m., Monday through Friday.

Good cause exists for publishing a

temporary final rule without notice and

prior to opportunity for comment and

without a delayed effective date because

immediate action is needed to regulate

traffic in the construction area.

However, the Coast Guard is providing

an opportunity for comment so that

changes can be made to this final rule.

It is in the public interest to have the

Long Island Bridge repaired and to have

a no-wake zone around the bridge

during construction. Delaying this rule

to provide for a notice and comment

period would be impracticable,

unnecessary, and contrary to the public

interest. Other then commuter boats,

this area receives minimal vessel traffic.

Since repair work will commence at

9:30 a.m. and conclude at 3:30 p.m.,

Monday through Friday, commuter boat

schedules will not be significantly

effected. All commuter boat operators

have been notified of the regulation.

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 section to be so minimal

that a full Regulatory Evaluation under

paragraph 10e of the regulatory policies

and procedures of DOT is unnecessary.

The waters in the vicinity of the Long

Island Bridge are used by commuter

vessels, commercial fishing vessels,

commercial lobster vessels and

recreational vessels. Due to the minimal

time delay caused by the requirement to

proceed at a no-wake speed, this

regulation is not expected to have a

significant impact on these vessels.

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.

For reasons set forth in the above

Regulatory Evaluation, this rule will not

have a significant economic impact on

a substantial number of small entities.

Collection of Information

This rule contains no information

collection 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 proposal 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)(g) of Commandant

Instruction M16475.1B, (as amended by

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

a Regulated Navigation Area and is

categorically excluded from further

environmental documentation. A

written Categorical Exclusion

Determination and checklist are

included in the docket.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and recordkeeping

requirements, Security measures,

Waterways.

Final Regulation

For the reasons set out in the

preamble, the Coast Guard is amending

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–

033, is added to read as follows:

§ 165.T01–033 Regulated Navigation Area;

Long Island Bridge, Boston Harbor, Boston,

MA.

(a) Location. The following area is a

Regulated Navigation Area: All waters

surrounding the Long Island Bridge,

Boston Harbor, Boston, MA bound by

the following coordinates: 42°18°26′′ N,

070°59′12′′ W; 42°18′35′′ N, 070°58′51′′

W; 42°18′31′′ N, 070°58′49′′ W;

42°18′23′′ N, 070°59′09′′ W. [Datum:

NAD 1983]

(b) Effective date. This section is

effective Monday through Friday from

9:30 a.m. until 3:30 p.m., May 7, 1996,

to October 31, 1996.

(c) Regulations. All vessels shall

operate at no-wake speed while with the

Regulated Navigation Area.

Dated: May 7, 1996.

J.L. Linnon,

Rear Admiral, U.S. Coast Guard Commander,

First Coast Guard District.

[FR Doc. 96–13165 Filed 5–23–96; 8:45 am]

BILLING CODE 4910–14–M
Federal Register / Vol. 61, No. 102 / Friday, May 24, 1996 / Rules and Regulations 26107

DEPARTMENT OF DEFENSE

Department of the Army

Corps of Engineers

33 CFR Part 334

Albemarle Sound, Pamlico Sound, and

adjacent waters, North Carolina;

danger zones/restricted areas for naval

aircraft operations.

AGENCY: U.S. Army Corps of Engineers,

DoD.

ACTION: Correction to final rule.

SUMMARY: This document contains a

correction to the final rule which was

published Tuesday, February 27, 1996

(61 FR 7214). The effective date was

February 27, 1996. This rule reestablished a danger zone as a restricted

area in the waters off of Harvey Point,

Perquimans County, North Carolina.

This is an editorial correction and will

not affect the restrictions placed on

entry into the area.

DATES: Effective May 24, 1996.

ADDRESS: HQUSACE, CECW–OR,

Washington, D.C. 20314–1000.

FOR FURTHER INFORMATION CONTACT:

Ms. Angie Yelverton of the Corps

Wilmington District at (910) 251–4480,

or Mr. Ralph Eppard, Regulatory

Branch, CECW–OR at (202) 761–1783.

SUPPLEMENTARY INFORMATION: Pursuant

to its authorities in Section 7 of the

Rivers and Harbors Act of 1917 (40 Stat.

266; 33 U.S.C. 1) and Chapter XIX of the

Army Appropriations Act of 1919 (40

Stat. 892; 33 U.S.C. 3), the Corps

promulgated a regulation under 33 CFR

334.412 which re-established an area

that was previously a danger zone, as a

restricted area in the waters off of

Harvey Point, Albemarle Sound, North

Carolina.

Need for Correction

As published, the final rules in Sec.

334.412(a) contain an incorrect bearing

listed as ‘‘southwesterly to latitude 36°

04′18′′, which should have read

‘‘northwesterly to latitude 36° 04′18′′’’

Correction of Publication

Accordingly, the publication on

February 27, 1996, of the final rule,

which was the subject of 61 FR 7214–

7215, is corrected as follows:

§ 334.412 [Corrected]

On page 7215, in § 334.412 in the

second column, second line, remove

‘‘southwesterly’’ and replace it with

’’northwesterly’’.

Dated: May 6, 1996.

Approved;

Stanley G. Genega,

Major General, USA, Director of Civil Works.

[FR Doc. 96–13090 Filed 5–23–96; 8:45 am]

BILLING CODE 3710–92–M

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Part 2

RIN 2900–AI12

Delegations of Authority Concerning

Discrimination or Reprisal

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

SUMMARY: This document sets forth

delegations of authority to the General

Counsel and certain subordinates to

make the final decision on a complaint

of discrimination on grounds of race,

color, religion, sex, national origin, age,

disability, or reprisal brought by an

employee of the Department of Veterans

Affairs or an applicant for employment.

The effect of this action is to clarify and

expand CFR material to specify all

delegations of authority already made

concerning this subject matter.

EFFECTIVE DATE: May 24, 1996.

FOR FURTHER INFORMATION CONTACT: Neal

C. Lawson, Assistant General Counsel

(024), Office of General Counsel,

Department of Veterans Affairs, 810

Vermont Avenue, NW., Washington, DC

20420, (202) 273–6384.

SUPPLEMENTARY INFORMATION: This final

rule consists of delegations of authority

and, therefore, is not subject to the

notice and comment and effective date

provisions of 5 U.S.C. 553.

The Secretary hereby certifies that

this rule will not have a significant

economic impact on a substantial

number of small entities as they are

defined in the Regulatory Flexibility

Act, 5 U.S.C. 601–612. This rule merely

sets forth delegations of authority.

There is no Catalog of Federal

Domestic Assistance program number

for this regulation.

List of Subjects in 38 CFR Part 2

Authority delegations (government

agencies).

Approved: May 17, 1996.

Jesse Brown,

Secretary of Veterans Affairs.

For the reasons set out in the

preamble, 38 CFR part 2 is amended as

set forth below:

PART 2—DELEGATIONS OF

AUTHORITY

1. The authority citation for part 2 is

revised to read as follows:

Authority: 5 U.S.C. 302; 38 U.S.C. 501,512;

44 U.S.C. 3702.

2. In § 2.6, paragraph (e)(6) is revised

to read as follows:

§ 2.6 Secretary’s delegations of authority

to certain officials (38 U.S.C. 512).

* * * * *

(e) * * *

(6) Authority is delegated to the

General Counsel and Deputy General

Counsel and to the Assistant General

Counsel and Deputy Assistant General

Counsel of Professional Staff Group IV

to make the final decision on a

complaint of discrimination on grounds

of race, color, religion, sex, national

origin, age, disability, or reprisal

brought by an employee of the

Department of Veterans Affairs or an

applicant for employment.

(Authority: 38 U.S.C. 512)

* * * * *

[FR Doc. 96–13079 Filed 5–23–96; 8:45 am]

BILLING CODE 8320–01–P

38 CFR Part 21

RIN 2900–AH60

Veterans and Dependents Education:

Miscellaneous

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

SUMMARY: This document amends the

educational assistance regulations. It

removes ‘‘sunsetted’’ provisions that

had been authorized by the Vietnam Era

GI Bill. Under the Vietnam Era GI Bill,

no benefits can be authorized for

training that occurred after December

31, 1989, and no educational loans can

be authorized for training that occurred

after December 31, 1991. Consequently,

the provisions concerning such

educational assistance are removed

because they are no longer of any effect.

This document also amends the

educational assistance regulations by

placing virtually all of the provisions

relating solely to benefits under the

Survivors’ and Dependents’ Educational

Assistance program in one subpart, 38

CFR Part 21, Subpart C. Further, this

document removes regulations in 38

CFR Part 21, Subpart E concerning civil

rights matters since they are duplicative

of provisions in 38 CFR Parts 18, 18a,

and 18b. In addition, this document

removes 38 CFR Part 21, Subpart F–2

concerning special benefits for certain