Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations 54385

existing rules at 33 CFR part 117.771(a)

require the Bruckner Boulevard Bridge

to open on signal, except during

designated rush hour periods. On

September 27, 1988, the Coast Guard

approved plans for the rehabilitation of

the bridge. To facilitate the work, a

temporary final rule (54 FR 18281, April

28, 1989) was approved, permitting the

bridge to remain closed for 36 months

from April 9, 1989, through April 9,

1992. Prior to the rehabilitation of the

bridge, there were three openings

recorded in 1988. Since the

rehabilitation was completed in 1992,

there have been no requests for

openings.

Discussion of Comments and Changes

Two comments were received in

response to the notice of proposed

rulemaking. Both offered no objection.

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 is

unnecessary. This conclusion is based

on the fact that this rule will not prevent

mariners from passing through the

bridge as long as they provide four

hours advance notice. This rule will not

prevent mariners from passing through

the Bruckner Boulevard Bridge so long

as they provide advance notice.

Small Entities

Under the Regulatory Flexibility Act

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

considered whether this rule will have

a significant economic impact on a

substantial number of small entities.

Small entities include small

businesses, not-for-profit organizations

that are independently owned and

operated and are not dominant in their

fields, and governmental jurisdiction

with populations of less than 50,000.

For the reasons discussed in the

Regulatory Evaluation above, the Coast

Guard has determined that this rule will

not have a significant economic impact

on a substantial number of small

entities.

Collection of Information

This final rule does not provide for a

collection of information under the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501 et seq.).

Federalism

The Coast Guard has analyzed this

rule in accordance with 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 section

2.B.2.e.(32)(e) of Commandant

Instruction M16475.1B, (as revised by

60 FR 32197, June 20, 1995), this rule

promulgates operating regulations for

drawbridges and is categorically

excluded from further environmental

documentation.

List of Subjects in 33 CFR Part 117

Bridges.

Regulation

For the reasons set out in the

preamble, the Coast Guard amends 33

CFR part 117 as follows:

PART 117—[AMENDED]

1. The authority citation for part 117

continues to read as follows:

Authority: 33 U.S.C. 499; 49 CFR 1.46; 33

CFR 1.05–1(g); section 117.255 also issued

under the authority of Pub. L. 102–587, 106

Stat. 5039.

2. Section 117.771 is revised to read

as follows:

§ 117.771 Bronx River.

(a) The draw of the Bruckner

Boulevard Bridge, mile 1.1, at the

Bronx, New York, shall open on signal

if at least 4 hours notice is given to the

New York City Department of

Transportation (NYCDOT) Radio

Hotline, or NYCDOT Bridge Operations

office, except that between 7 a.m. and 9

a.m., and 4 p.m. and 6 p.m. Monday

through Friday, the bridge need not be

opened for the passage of vessels.

(b) The draw of the Conrail Bridge,

mile 1.6 at the Bronx, New York, need

not be opened for the passage of vessels.

(c) The owners of the Bruckner

Boulevard Bridge, mile 1.1, and the

Conrail Bridge, mile 1.6, both at the

Bronx, New York, shall provide and

keep in good legible condition two

clearance gauges designed, installed and

maintained in accordance with the

provisions of § 118.160 of this chapter.

Dated: September 29, 1997.

R.M. Larrabee,

Rear Admiral, U.S. Coast Guard Commander,

First Coast Guard District.

[FR Doc. 97–27707 Filed 10–17–97; 8:45 am]

BILLING CODE 4910–14–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 187

[CGD 89–050]

RIN 2115–AD35

Vessel Identification System

AGENCY: Coast Guard, DOT.

ACTION: Interim final rule; re-opening of

comment period.

SUMMARY: The Coast Guard is re-opening

the comment period for its interim final

rule establishing a system to identify

vessels numbered or titled under the

laws of a State. This action is necessary

to respond to questions raised by States,

banking interests, and legal associations.

DATES: Comments must reach the Coast

Guard on or before December 4, 1997.

ADDRESSES: You may mail comments to

the Executive Secretary, Marine Safety

Council (G–LRA/3406) (CGD 89–050),

U.S. Coast Guard Headquarters, 2100

Second Street SW., Washington, DC

20593–0001, or deliver them to room

3406 at the same address between 9:30

a.m. and 2 p.m., Monday through

Friday, except Federal holidays. The

telephone number is 202–267–1477.

The Executive Secretary maintains the

public docket for this rulemaking.

Comments will become part of this

docket and will be available for

inspection or copying at room 3406,

U.S. Coast Guard Headquarters, between

9:30 a.m. and 2 p.m., Monday through

Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LT

James Whitehead, Marine Safety and

Environmental Protection, Office of

Information Resources (G–MRI), 202–

267–0385.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages

interested persons to participate in this

rulemaking by submitting written views,

arguments, or data. Persons submitting

comments should include their names

and addresses, identity this rulemaking

(CGD 89–050) and the specific section of

this rule to which each comment

applies, and give the reason for each

comment. Please submit two copies of

all comments and attachments in an
54386 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations

unbound format, no larger than 81⁄2 by

11 inches, suitable for copying and

electronic filing. Persons wanting

acknowledgment of receipt of comments

should enclose stamped, self-addressed

postcards or envelopes.

The Coast Guard will consider all

comments received during this

comment period. It may change this rule

in view of the comments.

Background

The Coast Guard published an Interim

Final Rule in the Federal Register (60

FR 20310; April 25, 1995). The rule

established a vessel identification

system (VIS) for vessels numbered or

titled by a State that elects to participate

in the system, The rule was to go into

effect on April 24, 1996. However, on

February 23, 1996 (61 FR 6943), the

Coast Guard suspended the effective

date of subpart D of the rule (33 CFR

part 187, subpart D, Guidelines for State

Vessel Titling Systems) through April

23, 1998. The suspension was intended

to allow the Coast Guard, States, and

public more time to review the

complexities of the guidelines relating

to State titling. Since the suspension

began, representatives of the States,

marine banks, and legal associations

have met several time to discuss issues

involving the State titling guidelines.

Notes from these meetings have been

included in the docket.

Questions

We are reopening the comment period

to gather further information on all

aspects of this rulemaking. We

particularly need your help in

answering the following questions:

(a) Should the regulations be revised

to respond to ownership concerns,

rather than just law enforcement

concerns? Both concerns are addressed

in the VIS statute (46 U.S.C. 12501).

Such a revision may allow members of

the marine industry to get ownership

information from the VIS, such as an

individual owner’s name and address in

order to match that owner with a

particular vessel.

(b) Should the information used to

identify vessels in 33 CFR 187.103 be

the same as that used for a certificate of

number in 33 CFR 174.19?

(c) What changes, if any, to 33 CFR

part 187, subpart D, are needed to

address the complexities of State titling?

Your comments need not be limited to

these questions.

Dated: October 14, 1997.

Joseph J. Angelo,

Acting Assistant Commandant for Marine

Safety and Environmental Protection.

[FR Doc. 97–27706 Filed 10–17–97; 8:45 am]

BILLING CODE 4910–14–M

FEDERAL EMERGENCY

MANAGEMENT AGENCY

44 CFR Part 64

[Docket No. FEMA–7674]

Suspension of Community Eligibility

AGENCY: Federal Emergency

Management Agency, FEMA.

ACTION: Final rule.

SUMMARY: This rule identifies

communities, where the sale of flood

insurance has been authorized under

the National Flood Insurance Program

(NFIP), that are suspended on the

effective dates listed within this rule

because of noncompliance with the

floodplain management requirements of

the program. If the Federal Emergency

Management Agency (FEMA) receives

documentation that the community has

adopted the required floodplain

management measures prior to the

effective suspension date given in this

rule, the suspension will be withdrawn

by publication in the Federal Register.

EFFECTIVE DATES: The effective date of

each community’s suspension is the

third date (‘‘Susp.’’) listed in the third

column of the following tables.

ADDRESSES: If you wish to determine

whether a particular community was

suspended on the suspension date,

contact the appropriate FEMA Regional

Office or the NFIP servicing contractor.

FOR FURTHER INFORMATION CONTACT:

Robert F. Shea Jr., Division Director,

Program Implementation Division,

Mitigation Directorate, 500 C Street,

SW., Room 417, Washington, DC 20472,

(202) 646–3619.

SUPPLEMENTARY INFORMATION: The NFIP

enables property owners to purchase

flood insurance which is generally not

otherwise available. In return,

communities agree to adopt and

administer local floodplain management

aimed at protecting lives and new

construction from future flooding.

Section 1315 of the National Flood

Insurance Act of 1968, as amended, 42

U.S.C. 4022, prohibits flood insurance

coverage as authorized under the

National Flood Insurance Program, 42

U.S.C. 4001 et seq., unless an

appropriate public body adopts

adequate floodplain management

measures with effective enforcement

measures. The communities listed in

this document no longer meet that

statutory requirement for compliance

with program regulations, 44 CFR part

59 et seq. Accordingly, the communities

will be suspended on the effective date

in the third column. As of that date,

flood insurance will no longer be

available in the community. However,

some of these communities may adopt

and submit the required documentation

of legally enforceable floodplain

management measures after this rule is

published but prior to the actual

suspension date. These communities

will not be suspended and will continue

their eligibility for the sale of insurance.

A notice withdrawing the suspension of

the communities will be published in

the Federal Register.

In addition, the Federal Emergency

Management Agency has identified the

special flood hazard areas in these

communities by publishing a Flood

Insurance Rate Map (FIRM). The date of

the FIRM if one has been published, is

indicated in the fourth column of the

table. No direct Federal financial

assistance (except assistance pursuant to

the Robert T. Stafford Disaster Relief

and Emergency Assistance Act not in

connection with a flood) may legally be

provided for construction or acquisition

of buildings in the identified special

flood hazard area of communities not

participating in the NFIP and identified

for more than a year, on the Federal

Emergency Management Agency’s

initial flood insurance map of the

community as having flood-prone areas

(section 202(a) of the Flood Disaster

Protection Act of 1973, 42 U.S.C.

4106(a), as amended). This prohibition

against certain types of Federal

assistance becomes effective for the

communities listed on the date shown

in the last column.

The Associate Director finds that

notice and public comment under 5

U.S.C. 553(b) are impracticable and

unnecessary because communities listed

in this final rule have been adequately

notified.

Each community receives a 6-month,

90-day, and 30-day notification

addressed to the Chief Executive Officer

that the community will be suspended

unless the required floodplain

management measures are met prior to

the effective suspension date. Since

these notifications have been made, this

final rule may take effect within less

than 30 days.

National Environmental Policy Act

This rule is categorically excluded

from the requirements of 44 CFR Part

10, Environmental Considerations. No

environmental impact assessment has

been prepared.

Regulatory Flexibility Act

The Associate Director has

determined that this rule is exempt from

the requirements of the Regulatory

Flexibility Act because the National

Flood Insurance Act of 1968, as