27780 Federal Register / Vol. 61, No. 107 / Monday, June 3, 1996 / Rules and Regulations

Dated: May 29, 1996.

William B. Schultz,

Deputy Commissioner for Policy.

[FR Doc. 96–13829 Filed 5–30–96; 1:06 pm]

BILLING CODE 4160–01–F

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Parts 65, 66, and 76

RIN 1076 AD31

Enrollment of Indians; Removal of

Regulations

AGENCY: Bureau of Indian Affairs,

Interior.

ACTION: Final rule.

SUMMARY: The Bureau of Indian Affairs

(BIA) is eliminating 25 CFR Parts 65, 66,

and 76 as mandated by Executive Order

12866 to streamline the regulatory

process and enhance the planning and

coordination of new and existing

regulations. The necessity for these

rules no longer exists.

EFFECTIVE DATE: July 3, 1996.

FOR FURTHER INFORMATION CONTACT:

Bettie Rushing, (202) 208–3463.

SUPPLEMENTARY INFORMATION:

Background

The purpose for which these rules

were promulgated has been fulfilled and

the rules are no longer required.

Members of the San Pasqual Band have

been enrolled as required in satisfaction

of judgments of the United States

Claims Court docket 80–A. Members of

the Delaware Tribe of Indiana and the

Absentee Delaware Tribe of Western

Oklahoma have been enrolled as the

basis for distribution of judgment funds

awarded in Indian Claims Commission

dockets 27–A, and 241, 289, 27–B and

338, and 27 E and 202, 27.

The authority to issue rules and

regulations is vested in the Secretary of

the Interior by 5 U.S.C. 301 and sections

463 and 465 of the Revised Statutes, 25

U.S.C. 2 and 9.

Executive Order 12778: The

Department has certified to the Office of

Management and Budget (OMB) that

this rule meets the applicable standards

provided in sections 2(a) and 2(b)(2) of

Executive Order 12778.

Executive Order 12866: This rule is

not a significant regulatory action under

Executive Order 12866 and does not

require review by the Office of

Management and Budget.

Regulatory Flexibility Act: This rule

will not have a significant economic

impact on a substantial number of small

entities under the Regulatory Flexibility

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

Executive Order 12630: The

Department has determined that this

rule does not have ‘‘significant’’ takings

implications. This rule does not pertain

to ‘‘taking’’ of private property interests,

nor does it impact private property. Executive Order 12612: The

Department has determined that this

rule does not have significant federalism

effects because it pertains solely to

Federal-tribal relations and will not

interfere with the roles, rights and

responsibilities of states. NEPA Statement: The Department has

determined that this rule does not

constitute a major Federal action

significantly affecting the quality of the

human environment and that no

detailed statement is required pursuant

to the National Environmental Policy

Act of 1969.

Unfunded Mandates Act of 1995: This

rule imposes no unfunded mandates on

any governmental or private entity and

is in compliance with the provisions of

the Unfunded Mandates Act of 1995.

Paperwork Reduction Act of 1995:

This rule contains no information

collection requirement the elimination

of which would require notification to

the Office of Management and Budget. Drafting Information: The primary

author of this document is Bettie

Rushing, Bureau of Indian Affairs.

List of Subjects in 25 CFR Parts 65, 66

CFR 76.

Indians—enrollment, Indians—

claims.

PARTS 65, 66, 76—[REMOVED]

Under the authority of Executive

Order 12866, and for the reasons stated

above, 25 CFR Parts 65, 66, and 76 are

removed.

Dated: May 22, 1996.

Ada E. Deer,

Assistant Secretary—Indian Affairs.

[FR Doc. 96–13730 Filed 5–31–96; 8:45 am]

BILLING CODE 4310–02–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 62

[CGD–94–091]

RIN 2115–AF14

Conformance of the Western Rivers

Marking System With the United States

Aids to Navigation System

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: As part of the President’s

Regulatory Reinvention Initiative, the

Coast Guard will replace the solid-color

crossing dayboards in the Western

Rivers Marking System (WRMS) with

checkered non-lateral dayboards used in

the United States Aids to Navigation

System (USATONS); the latter

dayboards would have the same

meaning and be the same size and shape

as the former, but would be easier to

see. These changes would help mariners

to better see the crossing dayboards,

making the Western Rivers safer.

DATES: This rule is effective June 3,

1996. The first checkered non-lateral

dayboards will appear on the Western

Rivers no sooner than September 3. The

last solid-color crossing dayboards will

disappear from the Western Rivers not

later than June 3, 1996.

ADDRESSES: Unless otherwise indicated,

documents referred to in this preamble

are available for inspection or copying

at the office of the Executive Secretary,

Marine Safety Council (G–LRA/3406)

(CGD 94–091), U.S. Coast Guard

Headquarters, 2100 Second Street SW.,

Washington, DC 20593–0001, room

3406 at the same address between 8 a.m.

and 3 p.m., Monday through Friday,

except Federal holidays. The telephone

number is (202) 267–1477.

FOR FURTHER INFORMATION CONTACT:

LTJG Chad Asplund, Short Range Aids

to Navigation Division, Telephone: (202)

267–1386.

SUPPLEMENTARY INFORMATION:

Drafting Information

The principle persons involved in

drafting this document are LTJG Chad

Asplund, Project Manager, Short Range

Aids to Navigation Division, and Patrick

J. Murray, Project Counsel, Office of

Chief Counsel.

Regulatory History

On March 27, 1996, the Coast Guard

published an NPRM entitled

Conformance of the Uniform State

Waterway Marking System and the

Western Rivers Marking System with
Federal Register / Vol. 61, No. 107 / Monday, June 3, 1996 / Rules and Regulations 27781

the United States Aids to Navigation

System in the Federal Register (61 FR

13472). The Coast Guard received

twenty letters commenting on the

proposal. No public hearing was

requested, and none was held.

The comments received regarding

elimination of the Uniform State

Waterway Marking System (USWMS)

showed that this portion of the

regulations was more complex and more

controversial than previously thought.

Therefore the Coast Guard will

withdraw this portion of the rulemaking

and may address it in a future

rulemaking.

Background and Purpose

The WRMS was created to adequately

mark the dynamic waterways of the

Mississippi River and its Western

counterparts. Some deviations from the

USATONS were necessary for this. One

of these is the use of crossing dayboards.

These dayboards indicate where the

river channel (‘‘sailing line’’) crosses

from one bank to the other. The

dayboards currently used in the WRMS

are either solid green or solid red. They

are important aids, but can be difficult

to see, especially the green dayboards

against the overgrowth of trees that line

the Western Rivers. The Coast Guard

will replace the (red or green) solidcolor crossing dayboards used in the

WRMS with the checkered (green-andwhite or red-and-white) non-lateral

dayboards used in the USATONS. The

checkered non-lateral dayboards will

retain the same meaning as the solidcolor crossing dayboards, yet will be

easier to see.

Discussion of Comments and Changes

The Coast Guard received twenty

letters commenting on our March 27,

1996 NPRM (61 FR 13472). Eighteen of

the letters concerned elimination of the

USWMS. The three remaining letters

concerned the change to the WRMS.

The letters which came from State

Boating Law Administrators expressed

concern about losing the regulatory

markers from the USWMS. The Coast

Guard never planned to eliminate these

markers from state waters. Regulatory

markers are a vital part of the

USATONS; and by eliminating the

USWMS and mandating the USATONS

the regulatory markers will still be

available.

One State was also concerned with

the replacement of the red-and-white

striped danger mark of the USWMS.

There is a fundamental difference with

the red-and-white striped buoy. In the

USATONS it represents a safe-water

mark, and in the USWMS it identifies a

hazard. This is contradictory and very

confusing to the mariner who navigates

between both systems.

One State also brought up many

issues regarding total conformance of

the USWMS and the USATONS after

the merger. It was brought to the

attention of the Coast Guard that many

sections of 33 CFR Part 62 will have to

be revised to ensure total conformance.

Many administrators stated that this was

a significant and complex issue that

required further study. Therefore, the

Coast Guard is postponing the portion of

the rulemaking concerning the USWMS

for a future project so that the Coast

Guard may work with the States on this

rule.

A national trade organization

representing the inland and coastal

barge and towing industry concurred

with the Coast Guard’s proposal to

replace the solid-color crossing

dayboards with the non-lateral

checkered green-and-white or red-andwhite dayboards of the USATONS. They

believe that the checkered design will

significantly improve visibility,

particularly on the right descending

bank.

An independent consultant was

concerned about replacing the crossing

dayboards with checkered non-lateral

marks. The consultant noted that the

checkered dayboards would be harder to

see because they would be smaller in

size. Although the colored portion of the

dayboards will be smaller, the total

dayboard will be the same size and

shape as the solid-color marks that they

are replacing. The fact that the

dayboards will be in part white will

increase the contrast against the typical

riverine foliage background, thus

providing equal or greater detection

distance. Therefore the Coast Guard

does not see this as a significant issue.

The consultant was also concerned

that the Coast Guard is replacing lateral

marks with non-lateral marks. Crossing

dayboards in their proper use are nonlateral. They do not mark a specific side

of the river or channel, but simply

inform the mariner which side of the

river to move to when approaching a

bend or change in the geography of the

river. Therefore the Coast Guard

believes this is an appropriate change.

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

regulatory policies and procedures of

the Department of Transportation (DOT)

(44 FR 11010; February 26, 1979).

The Coast Guard expects the

economic impact of this regulation to be

minimal enough that a full Regulatory

Evaluation under paragraph 10e of the

regulatory policies and procedures of

DOT is unnecessary. Replacing the

solid-color crossing dayboards of the

WRMS will cost the Federal government

little additional money, since new ones

would cost essentially the same as the

current ones. The Coast Guard will

replace the current ones with the new

ones when it would otherwise replace

them in kind, so the cost will be similar

to that of regular maintenance.

Small Entities

Under the Regulatory Flexibility Act

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

must consider whether this proposal, if

adopted, would have a significant

impact on a substantial number of small

entities. ‘‘Small entities’’ may include

(1) small businesses and not-for-profit

organizations that are independently

owned and operated and are not

dominant in their fields and (2)

governmental jurisdictions with

populations less than 50,000.

This proposal would have minimal

impact on small entities. Replacing the

crossing dayboards on the WRMS would

only affect the Federal government.

Therefore, the Coast Guard certifies

under 5 U.S.C. 605(b) of the Regulatory

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

this rule will not have a significant

economic impact on a substantial

number of small entities.

Collection of Information

This proposal contains no increase in

collection-of-information 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)(a) of Commandant

Instruction M16475.1B, this rule is

categorically excluded from further

environmental documentation.

Replacing the solid-color crossing

dayboards in the WRMS will have no

environmental implications. A

Categorical Exclusion Determination is
27782 Federal Register / Vol. 61, No. 107 / Monday, June 3, 1996 / Rules and Regulations

available in the rulemaking docket for

inspection or copying where indicated

under ADDRESSES.

List of Subjects in 33 CFR Part 62

Navigation (water).

For the reasons set out in the

preamble, the Coast Guard proposes to

amend 33 CFR Part 62 as follows:

PART 62—UNITED STATES AIDS TO

NAVIGATION SYSTEM

1. The authority citation for part 62

continues to read as follows:

Authority: 14 U.S.C. 85; 33 U.S.C. 1233; 43

U.S.C. 1333; 49 CFR 1.46.

§ 62.51 [Amended]

2. In § 62.51, paragraph (b)(3) is

revised to read as follows:

§ 62.51 Western rivers marking system.

* * * * *

(b) * * *

(3) Diamond-shaped non-lateral

dayboards, checkered red-and-white or

green-and-white, similar to those used

in the USATONS, as appropriate, are

used as crossing dayboards where the

river channel crosses from one bank to

the other.

* * * * *

Dated: May 23, 1996.

J.A. Creech,

Captain, U.S. Coast Guard, Acting Chief,

Office of Navigation Safety and Waterway

Services.

[FR Doc. 96–13725 Filed 5–31–96; 8:45 am]

BILLING CODE 4910–14–M

33 CFR Part 100

[CGD07–96–018]

RIN 2115–AE46

Special Local Regulations; Miami

Super Boat Race; Miami Beach, FL

AGENCY: Goast Guard, DOT.

ACTION: Final rule.

SUMMARY: The Coast Guard is

establishing permanent special local

regulations for the Miami Super Boat

Race. This event will be held annually

on the second Sunday of June, between

12:30 p.m. and 3:30 p.m. Eastern

Daylight Time. Historically, there have

been approximately 35 participant and

200 spectator craft. The resulting

congestion of navigable channels creates

an extra or unusual hazard in the

navigable waters. These regulations are

necessary to provide for the safety of life

on navigable waters during the event.

DATES: June 18, 1996.

FOR FURTHER INFORMATION CONTACT:

QMC T.E. Kjerulff, project officer, Coast

Guard Group Miami, FL at (305) 535–

4448.

SUPPLEMENTARY INFORMATION: In

accordance with 5 U.S.C. 553, the final

rule will be made effective in less than

30 days from the date of publication in

the Federal Register. Following normal

rulemaking procedures will be

impracticable, unnecessary, and

contrary to the public interest. A notice

of proposed rulemaking for this rule was

published in the Federal Register (61

FR 13122) with a 50 day comment

period. Due to the extended comment

period, which expired on May 15, 1996,

the final rule will be made effective in

less than 30 days from the date of

publication in the Federal Register in

order to hold the event. During the

extended comment period, no

comments were received regarding this

rulemaking, and this final rule does not

change the provisions of the NPRM.

Regulatory History

On March 26, 1996, the Coast Guard

published a notice of proposed

rulemaking entitled ‘‘Miami Super Boat

Race; Miami Beach, FL’’ (CGD07–96–

018) in the Federal Register (61 FR

13122). The comment period ended May

15, 1996. The Coast Guard received no

comments during the proposed

rulemaking comment period. A public

hearing was not requested and one was

not held.

Discussion of Regulations

These regulations are needed to

provide for the safety of life during the

Miami Super Boat Race. This event will

be held annually on the second Sunday

of June, between 12:30 p.m. and 3:30

p.m. EDT. These regulations are

intended to promote safe navigation on

the waters off Miami Beach during the

race by restricting vessels from entering

the race area described below and

permit anchoring only in the designated

spectator area. Historically, there have

been approximately 35 participant and

200 spectator craft during the race. The

anticipated concentration of spectator

and participant vessels associated with

the Miami Super Boat Race poses a

safety concern, which is addressed in

these special local regulations. The

resulting congestion of navigable

channels creates an extra or unusual

hazard in the navigable waters.

The race area will be formed by a line

joining the following points:

25°46.3′N, 080°07.85′W; thence to,

25°46.3′N, 080°06.82′W; thence to,

25°51.3′N, 080°06.2′W; thence to,

25°51.3′N, 080°07.18′W; thence along

the shoreline to the starting point. All

coordinates referenced use datum: NAD

1983. A spectator area will be

established in the regulated area for

spectator traffic and will be defined by

a line joining the following points,

beginning from:

25°51.3′N, 080°06.15′W; thence to,

25°51.3′N, 080°05.85′W; thence to,

25°46.3′N, 080°06.55′W; thence to,

25°46.3′N, 080°06.77′W; and back to

the starting point. All coordinates

referenced use datum: NAD 1983. These

regulations will also include a buffer

zone of 300 feet between the race course

and the spectator area defined above.

Entry into the regulated area by other

than event participants will be

prohibited unless otherwise authorized

by the Coast Guard Patrol Commander.

However, the Coast Guard Patrol

Commander may at his discretion

permit traffic to resume normal

operations between scheduled racing

events.

The regulations will also established

safety measures of 5 short whistle or

horn blasts from a patrol vessel to signal

any and all vessels to take immediate

steps to avoid collision. The display of

an orange distress smoke signal from a

patrol vessel will be the signal for any

and all vessels to stop immediately. All

spectators not in the designated

spectator areas above will be required to

remain clear of the race at all times.

Regulatory Evaluation

This rule 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 rule

to be so minimal that a full Regulatory

Evaluation under paragraph 10e of the

regulatory policies and procedures of

DOT is unnecessary. These regulations

will last for only 4 hours each day of the

event. No public comments were

received during the notice of proposed

rulemaking comment period.

Small Entities

Under the Regulatory Flexibility Act

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

must consider whether this action 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