29018 Federal Register / Vol. 61, No. 111 / Friday, June 7, 1996 / Rules and Regulations

. . . EFFECTIVE UPON PUBLICATION—Continued

FDC Date State City Airport FDC Number SIAP

05/21/96 ... OH Wilmington ............................................. Airborne Airpark .................................... FDC 6/3147 VOR/ OR GPS RWY

4L AMDT 5B...

05/24/96 ... NY Olean ..................................................... Cattaraugus County-Olean .................... FDC 6/3245 LOC RWY 22 AMDT

4...

05/24/96 ... NY Olean ..................................................... Cattaraugus County-Olean .................... FDC 6/3247 RNAV OR GPS RWY

22 AMDT 4...

05/24/96 ... NY Olean ..................................................... Cattaraugus County-Olean .................... FDC 6/3248 NDB RWY 22 AMDT

11...

05/24/96 ... NY Wellsville ................................................ Wellsville Muni-Tarantine Field ............. FDC 6/3239 LOC RWY 28 AMDT

3...

05/24/96 ... NY Wellsville ................................................ Wellsville Muni-Tarantine Field ............. FDC 6/3243 VOR–A AMDT 5...

05/24/96 ... NY Wellsville ................................................ Wellsville Muni-Tarantine Field ............. FDC 6/3244 NDB RWY 28 AMDT

6...

05/28/96 ... FL Miami ..................................................... Miami Intl ............................................... FDC 6/3287 ILS RWY 9R, AMDT

8A...

05/29/96 ... NY Westhampton Beach ............................. The Francis S. Gabreski ....................... FDC 6/3315 ILS RWY 24 AMDT

8A...

05/29/96 ... NY Westhampton Beach ............................. The Francis S. Gabreski ....................... FDC 6/3316 NDB OR GPS RWY

24 AMDT 3...

05/29/96 ... TX Brenham ................................................ Brenham Muni ....................................... FDC 6/3306 VOR/DME RWY 16,

AMDT 1...

05/29/96 ... TX Caldwell ................................................. Caldwell Muni ........................................ FDC 6/3304 VOR/DME OR GPS–

A, AMDT 2...

05/29/96 ... VA Manassas .............................................. Manassas Regional/Harry P. Davis

Field.

FDC 6/3310 NDB OR GPS–A

AMDT 8...

[FR Doc. 96–14444 Filed 6–6–96; 8:45 am]

BILLING CODE 4910–13–M

Office of the Secretary

14 CFR Part 399

[Docket No. OST–96–1429]

RIN 2105–AC55

Policies Relating to Rulemaking

Proceedings

AGENCY: Office of the Secretary, DOT.

ACTION: Final rule.

SUMMARY: The Office of the Secretary

(OST) is amending an outdated policy

statement of the Civil Aeronautics Board

on rulemaking proceedings to remove

obsolete provisions and to crossreference the Department of

Transportation’s rulemaking procedures

in another part. This action is in

response to the President’s Regulatory

Reinvention Initiative.

EFFECTIVE DATE: This rule is effective

June 7, 1996.

ADDRESSES: Docket Management

Facility, U.S. Department of

Transportation, Room PL–401, 400

Seventh Street, SW., Washington, DC

20590–0001.

FOR FURTHER INFORMATION CONTACT:

Gwyneth Radloff, Office of the Assistant

General Counsel for Regulation and

Enforcement, U.S. Department of

Transportation, 400 Seventh Street,

SW., Washington, DC 20590–0001,

Telephone: (202) 366–9305.

SUPPLEMENTARY INFORMATION: In his

Regulatory Reinvention Initiative

Memorandum of March 4, 1995,

President Clinton directed Federal

agencies to conduct a page-by-page

review of all of their regulations and to

‘‘eliminate or revise those that are

outdated or otherwise in need of

reform.’’ In response to that directive,

the Department has reviewed its

aviation economic regulations contained

in 14 CFR Chapter II.

This rule is one of several that address

reinvention of these regulations. It

eliminates obsolete language on

rulemaking petitions that changed with

the sunset of the Civil Aeronautics

Board and the transfer of its remaining

functions to the Department of

Transportation and replaces it with a

cross-reference to the Department’s

procedural rules. This rule also replaces

the reference to the Board in the section

399.73 definition of small business.

This rule is being issued as a final

rule because it concerns agency practice

and procedure and, therefore, is exempt

from prior notice and comment

requirements under section 553 (b) (3)

(A) of the Administrative Procedure Act

(APA). The Department has determined

that notice and an opportunity for

public comment are impracticable,

unnecessary, and contrary to the public

interest. These changes are ministerial,

removing obsolete and redundant

material or making minor technical and

terminology changes. These changes

will not have substantive impact, and

the Department does not anticipate

receiving meaningful comments on

them. Comment is therefore

unnecessary, and it would be contrary

to the public interest to delay

unnecessarily this effort to eliminate or

revise outdated rules. For these reasons,

the Department has determined that

there is good cause under section 553

(d) (3) of the APA to make this rule

effective immediately upon publication.

Regulatory Process Matters

This final rule is not considered a

significant regulatory action under

section 3(f) of Executive Order 12866,

and therefore it was not reviewed by the

Office of Management and Budget. This

rule is not considered significant under

the Department’s regulatory policies and

procedures. The changes are being made

solely for the purposes of eliminating

obsolete requirements and correcting

out-of-date references.

The Department also has determined

that the economic impact of this rule is

so minimal that further economic

analysis is unnecessary. This rule does

not impose unfunded mandates or

requirements that will have any impact

on the quality of the human

environment.

Executive Order 12612

The Department has analyzed this

rule under the principles and criteria

contained in Executive Order 12612

(‘‘Federalism’’) and has determined that
Federal Register / Vol. 61, No. 111 / Friday, June 7, 1996 / Rules and Regulations 29019

the rule does not have sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

Regulatory Flexibility Act

The Department has evaluated the

effects of this rule on small entities. I

certify this rule will not have a

significant economic impact on a

substantial number of small entities,

because we are merely removing

obsolete provisions and are crossreferencing the Department’s

rulemaking procedures in another part.

The substantive procedural

requirements are not changed.

Paperwork Reduction Act

This rule contains no reporting or

recordkeeping requirements.

List of Subjects in 14 CFR Part 399

Administrative practice and

procedure, Air carriers.

For the reasons set forth above, 14

CFR part 399 is amended as follows.

PART 399—POLICIES RELATING TO

RULEMAKING PROCEEDINGS

1. The authority citation for part 399

is revised to read as follows:

Authority: 5 U.S.C. 551 et seq., 49 U.S.C.

40101 et seq.

2. Section 399, Subpart F is amended

by revising §§ 399.70 and 399.73, and

removing §§ 399.71, and 399.72, to read

as follows:

Subpart F—Policies Relating to

Rulemaking Proceedings

§ 399.70 Cross-references to the Office of

the Secretary’s Rulemaking Procedures.

The rules and policies relating to the

disposition of rulemaking petitions by

the Department of Transportation Office

of the Secretary are located in its

rulemaking procedures contained in 49

CFR Part 5. The criteria for identifying

significant rules and determining

whether a regulatory analysis will be

performed are set forth in the

Department’s Regulatory Policies and

Procedures, 44 FR 11034, February 26,

1979, and Executive Order 12866.

§§ 399.71 and 399.72 [Removed]

§ 399.73 Definition of small business for

Regulatory Flexibility Act

For the purposes of the Department’s

implementation of chapter 6 of title 5,

United States Code (Regulatory

Flexibility Act), a direct air carrier or

foreign air carrier is a small business if

it provides air transportation only with

small aircraft as defined in § 298.3 of

this chapter (up to 60 seats/18,000

pound payload capacity).

Issued in Washington, D.C. on May 31,

1996, under the authority of 49 CFR part 1.

Charles A. Hunnicutt,

Assistant Secretary for Aviation and

International Affairs.

[FR Doc. 96–14396 Filed 6–6–96; 8:45 am]

BILLING CODE 49107–62–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD07–96–015]

RIN 2115–AE46

Special Local Regulations: Harborwalk

Boat Race; Sampit River, Georgetown,

SC

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: The Coast Guard is

establishing permanent special local

regulations for the Harborwalk Boat

Race. This event will be held annually

on the last Sunday of June, between 12

p.m. and 5:30 p.m. EDT (Eastern

Daylight Time). Historically, there have

been approximately sixty participants

racing 14 to 20 foot outboard power

boats on a prescribed course on a

portion of the Sampit River,

Georgetown, South Carolina. The nature

of the event and the closure of the

Sampit River creates an extra or unusual

hazard in the navigable waters. These

regulations are necessary to provide for

the safety of life on the navigable waters

during the event.

DATES: July 8, 1996.

FOR FURTHER INFORMATION CONTACT:

ENS M. J. DaPonte, project officer, Coast

Guard Group Charleston at (803) 724–

7621.

SUPPLEMENTARY INFORMATION:

Regulatory History

On March 26, 1996, the Coast Guard

published a notice of proposed

rulemaking entitled ‘‘Harborwalk Boat

Race, Sampit River, Georgetown, SC’’ in

the Federal Register (61 FR 13119). The

comment period ended May 28, 1996.

The Coast Guard received no comments

during the notice of 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

Harborwalk Boat Race. The rules are

intended to promote safe navigation on

the waters off East Bay Park on the

Sampit River during the race by

controlling the traffic entering, exiting,

and traveling within these waters.

Historically, the anticipated

concentration of spector and participant

vessels associated with the Harborwalk

Boat Race has posed a safety concern,

which is addressed in these special

local regulations.

These regulations will not permit

movement of spectator vessels and other

nonparticipating vessel traffic within

the regulated area, bounded by a line

drawn from:

33° 21.5′ N, 079° 17.10′ W, thence to

33° 21.7′ N, 079° 16.8′ W, thence along the

shore to

33° 21.1′ N, 079° 16.7′ W, thence to

33° 21.1′ N, 079° 16.9′ W thence back to

33° 21.5′ N, 079° 17.10′ W

From 12 p.m. to 5:30 p.m. EDT annually

during the last Sunday of June. All

coordinates use datum: NAD 83. These

regulations will permit the movement of

spectator vessels and other

nonparticipants after the termination of

race, and during intervals between

scheduled events at the discretion of the

Coast Guard Patrol Commander.

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

proposed 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 5

and a half 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

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