29022 Federal Register / Vol. 61, No. 111 / Friday, June 7, 1996 / Rules and Regulations

traffic in that portion of the Ohio River

from miles 309.0 to 312.5 for all vessels

except those engaged in salvage or

surveying operations until this hazard is

mitigated. Transit of the area will be on

a case-by-case basis and only upon

specific approval and direction of the

Captain of the Port Huntington during

periods of river closure. The Ohio side

of the center channel is restricted in

width, and the West Virginia alternate

channel has been opened to provide safe

navigational waters. Representatives of

the Captain of the Port Huntington can

be reached via marine radio on channels

13 or 16. Salvage operators can be

reached by contacting the M/V

ARKANSAS TRAVELER on marine

radio channels 13 or 16. The M/V

BUNKER BEAVER will be stationed on

scene from 7 p.m. to 7 a.m. EST to

render assistance as needed to transiting

vessels. The M/V BUNKER BEAVER

will be monitoring marine radio

channels 13 and 16. Regularly

scheduled Broadcast Notice to Mariners

will be issued to keep vessel operators

appraised of the status of the safety

zone.

Regulatory Evaluation

This regulation 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 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 regulation to be such that

a full Regulatory Evaluation under

paragraph 10e of the regulatory policies

and procedures of DOT is unnecessary,

due to the duration of the actual river

closure.

Small Entities

The Coast Guard finds that the impact

on small entities, if any, is not

substantial. Therefore, the Coast Guard

certifies under section 605(b) of the

Regulatory Flexibility Act (5 U.S.C. 601

et seq.) that this temporary 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 Assessment

The Coast Guard has analyzed this

regulation under the principles and

criteria contained in Executive Order

12612 and has determined that it does

not raise sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

Environmental Assessment

The Coast Guard considered the

environmental impact of this regulation

and concluded that, under section 2.B.2

of Commandant Instruction M16475.1B,

(as revised by 59 FR 38654; July 29,

1994) this regulation is categorically

excluded from further environmental

documentation.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Records and recordkeeping

requirements, Security measures,

Waterways.

Temporary Regulation

In consideration of the foregoing,

Subpart F of Part 165 of Title 33, Code

of Federal Regulations, is amended 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.T02–008

is added, to read as follows:

§ 165.T02–008 Safety Zone: Ohio River

(a) Location. The Ohio River between

miles 309.0 and 312.5 is established as

a safety zone.

(b) Effective Dates. This section is

effective from 7 p.m. e.s.t. on May 24,

1996. It terminates on June 12, 1996 at

7 a.m. e.s.t. unless terminated sooner by

the Captain of the Port Huntington, WV.

(c) Regulations.

(1) Periods of river closure will be

announced by Broadcast Notice to

Mariners, and/or by Coast Guard

representatives on-scene via channel 13

and 16.

(2) Under the general regulations of

section 165.23 of this part, entry of

vessels into this zone during periods of

closure is prohibited unless authorized

by the Captain of the Port.

(3) All vessels must:

(i) Communicate with on-scene by

personnel from the Coast Guard Marine

Safety Office, Huntington, WV, and/or

the contract vessel M/V ARKANSAS

TRAVELER on channel 13 or 16 VHF–

FM to arrange for safe passage through

the safety zone during all periods of

closure.

(ii) Communicate with the contract

vessel M/V BUNKER BEAVER on

channel 13 or 16 VHF–FM to arrange for

safe passage through the safety zone at

all other times between the hours of 7

p.m. and 7 a.m. e.s.t. or during periods

of inclement weather.

(4) Vessels engaged in conducting or

supporting salvage operations may

continue to operate as necessary.

Dated: May 24, 1996, 5 p.m. e.s.t.

G.H. Burns, III,

Lieutenant Commander, U.S. Coast Guard,

Captain of the Port, Acting, Huntington, WV.

[FR Doc. 96–14425 Filed 6–6–96; 8:45 am]

BILLING CODE 4910–14–M

33 CFR Part 165

[COTP Miami 96–039]

RIN 2115–AA97

Security Zone Regulations: U.S. Coast

Guard Base Miami Beach; Miami

Beach, FL

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: These regulations are initiated

to remove 33 CFR § 165.T0706. This

security zone regulation was established

to protect U.S. Coast Guard Base Miami

Beach and vessels moored thereto from

potential subversive acts by any

unknown person(s) hostile to the United

States. The potential threat stemmed

from the United States’ support of the

United Nations Resolutions calling for

the removal of Iraqi military forces from

Kuwait. The Iraqi military forces have

been removed from Kuwait and the

danger of subversive acts is no longer

present. Therefore, the Coast Guard is

removing 33 CFR § 165.T0706.

EFFECTIVE DATE: June 7, 1996.

FOR FURTHER INFORMATION CONTACT:

BMC J.L. Belk, project officer, Port

Management and Response Department,

USCG Marine Safety Office at (305)

536–5693.

SUPPLEMENTARY INFORMATION: The Coast

Guard finds in accordance with 5 U.S.C.

553, good cause exists for proceeding

directly to a final rule and making this

rule effective in less than 30 days. This

final rule removes a temporary security

zone put in place during the Gulf War

1991. The potential threat to U.S. Coast

Guard Base Miami Beach has not

existed since 1991 and the end of

hostilities with Iraq. Therefore,

publishing an NPRM or delaying the

effective date of this final rule is

unnecessary and the Coast Guard is

proceeding directly to final rule,

effective on publication in the Federal

Register.
Federal Register / Vol. 61, No. 111 / Friday, June 7, 1996 / Rules and Regulations 29023

Discussion of Regulations

The security zone regulations for

Coast Guard Base Miami Beach were

published as an emergency rule in the

Federal Register on February 13, 1991

[56 FR 5754]. These security zone

regulations were established due to the

potential threat stemming from the

United States’ support of United

Nations Resolutions calling for the

removal of Iraqi military forces from

Kuwait. This increased the possibility of

acts of terrorism or sabotage by

unknown person(s) against United

States Coast Guard Base Miami Beach

facilities. In 1991, the United States and

other United Nations member forces

freed Kuwait and the region was

restored to order. This action decreased

the possibility of acts of terrorism or

sabotage against United States Coast

Guard Base Miami Beach facilities.

Therefore, this security zone regulation

is no longer necessary, and the Coast

Guard is removing the rule at 33 CFR

§ 165.T0706.

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 rule will remove a current security

zone and thereby lessen any economic

burden.

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 business and not-forprofit organizations that are

independently owned and operated and

not dominant in their fields and (2)

governmental jurisdictions with

populations of less than 50,000.

For the reasons set forth above, the

Coast Guard certifies this action will not

have a significant economic impact on

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

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.

Environment

The Coast Guard has considered the

environmental impact of this rule and

has determined pursuant to section

2.B.2. of Commandant Instruction

M16475.1B (as revised by 59 FR 38654,

July 29, 1994) that this rule is

categorically excluded from further

environmental documentation. A

categorical exclusion checklist and

categorical exclusion determination

have been completed and are available

for inspection and copying.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reports and recordkeeping

requirements, Security measures,

Waterways.

In consideration of the foregoing, the

Coast Guard amends, Subpart D of Part

165 Title 33, Code of Federal

Regulations as follows:

PART 165—[AMENDED]

1. The authority citation of 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.

§ 165.T0706 [Removed]

2. Section 165.T0706 is removed.

Dated: May 28, 1996.

D. F. Miller,

Captain, U.S. Coast Guard, Captain of the

Port Miami.

[FR Doc. 96–14424 Filed 6–5–96; 8:45 am]

BILLING CODE 4910–14–M

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Part 1

RIN 2900–AI23

Information Law; Miscellaneous

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

SUMMARY: This document amends

Department of Veterans Affairs (VA)

regulations concerning information law

by eliminating provisions that

essentially restate statutory language

from the Freedom of Information Act

and the Privacy Act.

EFFECTIVE DATE: June 7, 1996.

FOR FURTHER INFORMATION CONTACT:

Lorrie Johnson, Jeff Corzatt, Staff

Attorneys, Office of General Counsel,

Department of Veterans Affairs, 810

Vermont Avenue, NW, Washington, DC

20420, (202) 273–6380.

SUPPLEMENTARY INFORMATION: This final

rule consists of nonsubstantive changes

and, therefore, is not subject to the

notice comment and effective date

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, 5 U.S.C. 601–612. This final rule

merely consists of nonsubstantive

changes.

There is no Catalog of Federal

Domestic Assistance Number for the

programs affected by this regulation.

List of Subjects in 38 CFR Part 1

Administrative practice and

procedures, Archives and records,

Cemeteries, Claims, Courts, Flags,

Freedom of information, Government

contracts, Government employees,

Government property, Infants and

children, Inventions and patents,

Investigations, Parking, Penalties, Postal

Service, Privacy, Reporting and

recordkeeping requirements, Seals and

insignia, Security measures, Wages.

Approved: May 30, 1996.

Jesse Brown,

Secretary of Veterans Affairs.

For the reasons set forth in the

preamble, 38 CFR part 1 is amended as

follows:

PART 1—GENERAL PROVISIONS

1. The authority citation for part 1

continues to read as follows:

Authority: 38 U.S.C. 501(a), unless

otherwise noted.

§§ 1.558, 1.559, 1.578, 1.581, 1.583, 1.584,

[Removed]

2. Sections 1.558, 1.559, 1.578, 1.581,

1.583, and 1.584 are removed.

[FR Doc. 96–14205 Filed 6–6–96; 8:45 am]

BILLING CODE 8320–01–P

38 CFR Part 1

RIN 2900–AI25

Investigation Regulations

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.