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
Federal Register / Vol. 61, No. 107 / Monday, June 3, 1996 / Rules and Regulations 27783

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 that this action will not have a

significant economic impact on a

substantial number of small entities.

Collection of Information

These 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 action and

has concluded that preparation of an

Environmental Impact Statement is not

necessary. An Environmental

Assessment and Finding of No

Significant Impact are available in the

docket for inspection or copying. The

Coast Guard has concluded that this

action will not significantly affect the

quality of the human environment.

List of Subjects in 33 CFR Part 100

Marine safety, Navigation (water),

Reporting and recordkeeping

requirements, Waterways.

Final Regulations

In consideration of the foregoing, the

Coast Guard amends Part 100 of Title

33, Code of Federal Regulations, as

follows:

1. The authority citation for Part 100

continues to read as follows:

PART 100—[AMENDED]

Authority: 33 U.S.C. 1233; 49 CFR 1.46 and

33 CFR 100.35.

2. A new section 100.714 is added to

read as follows:

§ 100.714 Annual Miami Super Boat Race;

Miami Beach, FL.

(a) Definitions. (1) Regulated Areas.

The regulated area includes the race

course area, the spectator area, and a

buffer zone.

(i) The race course area is 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.

(ii) A spectator area is established in

the regulated area for spectator traffic

and is 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.

(iii) A buffer zone of 300 feet is

established between the race course and

the spectator area.

(2) Coast Guard Patrol Commander.

The Coast Guard Patrol Commander is

a commissioned, warrant, or petty

officer of the Coast Guard who has been

designated by the Commander, Coast

Guard Group Miami, Miami Beach,

Florida.

(b) Special local regulations. (1) Entry

into the race course area by other than

event participants is prohibited unless

otherwise authorized by the Coast

Guard Patrol Commander. At the

completion of scheduled races and

departure of participants from the

regulated area, traffic may resume

normal operations. At the discretion of

the Coast Guard Patrol Commander,

between scheduled racing events, traffic

may be permitted to resume normal

operations.

(2) A succession of not fewer than 5

short whistle or horn blasts from a

patrol vessel will be the signal for 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.

(3) Spectators not in the designated

spectator areas, as defined above, are

required to keep clear of the race course

area at all times.

(c) Effective Dates. This section is

effective at 12 p.m. and terminates at 4

p.m. EDT annually during the second

Sunday of June.

Dated: May 16, 1996.

Roger T. Rufe, Jr.,

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

Seventh Coast Guard District.

[FR Doc. 96–13726 Filed 5–31–96; 8:45 am]

BILLING CODE 4910–14–M

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Parts 2 and 14

RIN 2900–AI13

Delegations of Authority; Tort Claims

and Debt Collection

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

SUMMARY: This document amends the

Department of Veterans Affairs (VA)

regulations captioned ‘‘DELEGATIONS

OF AUTHORITY’’ and ‘‘LEGAL

SERVICES, GENERAL COUNSEL.’’ The

delegation of authority to Regional

Counsels to settle certain claims

(Federal Medical Care Recovery Act

claims, debt collection claims, and other

claims) without approval from the

Office of General Counsel is raised to a

limit of $100,000. Further, this

document updates statutory references

and organizational titles, eliminates

references to repealed statutes,

eliminates redundant delegations of

authority, corrects titles of VA forms,

eliminates references to obsolete VA

forms, reflects that the Baltimore

Regional Counsel will have certain

jurisdiction over incidents occurring in

the Department of Veterans Affairs

Central Office, eliminates restatements

of Department of Justice regulations,

eliminates references to internal VA

matters not required to be published in

the Federal Register, and makes

changes for purposes of clarification.

EFFECTIVE DATE: This final rule is

effective June 3, 1996.

FOR FURTHER INFORMATION CONTACT: E.

Douglas Bradshaw, Jr., Assistant General

Counsel (021), Office of General

Counsel, Department of Veterans

Affairs, 810 Vermont Avenue, N.W.,

Washington, D.C. 20420, (202) 273–

6481.

SUPPLEMENTARY INFORMATION: This final

rule consists of delegations of authority,

VA policies, and nonsubstantive

changes, and, therefore, is not subject to

the notice-and-comment and effectivedate provisions of 5 U.S.C. 553.

The Secretary 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., 601–602. This final rule

would not cause a significant effect on

any entities since it consists of

delegations of authority, VA policies,

and nonsubstantive changes. Therefore,

pursuant to U.S.C. 605(b), this

amendment is exempt from the initial