54382 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations

size with heavy chains hundreds of feet

in length weighing as much as 8 to 10

tons. Vessels smaller than 50 meters in

length have not been documented as

having caused injury or loss of living

coral on Tortugas Bank. Their anchoring

gear generally is less massive in size and

weight. Therefore, this temporary rule

only prohibits anchoring by vessels of

50 meters or greater in length on the

Tortugas Bank. The location by

coordinates of the prohibited anchoring

area is set forth below.

Transit, fishing and all other activities

currently allowed in the area are not

affected by this temporary rule.

Alternative anchor sites for vessels 50

meters or greater in length are located

within approximately two nautical

miles of the prohibited area. The close

proximity of these alternative anchoring

sites should mitigate any potential

economic impact on such vessels since

cost of the time and fuel to maneuver to

this area and the additional time and

labor in letting out and pulling in the

additional anchor chain should be

minimal.

The location of alternative anchoring

sites for vessels greater than 50 meters

in length are provided below.

Location and Boundary of Area Where

Anchoring by Vessels 50 Meters or

Greater in Length is Prohibited

The coordinates of the area on the

Tortugas Bank, west of the Dry Tortugas

National Park, closed to anchoring by

vessels 50 meters or greater in length

are:

(1) 24° 45.75′ N 82° 54.40′ W

(2) 24° 45.60′ N 82° 54.40′ W

(3) 24° 39.70′ N 83° 00.05′ W

(4) 24° 32.00′ N 83° 00.05′ W

(5) 24° 37.00′ N 83° 06.00′ W

(6) 24° 40.00′ N 83° 06.00′ W

Alternative Anchoring Sites

Alternative anchoring locations in the

vicinity of the area closed to anchoring

are:

Areas to the west of the Sanctuary

boundary in depths greater than the 20

fathom contour line, indicated on

NOAA Nautical Chart Numbers 11434

and 11420. The bottom type in these

areas is sand/mud or sand/shell. This

location is approximately 2 nautical

miles west of the living coral reefs that

form Tortugas Bank where anchoring

damage to the corals is occurring.

Mariners should note the existence of a

submerged shipwreck located at 24° 38′

N 83° 08.00′ W. This shipwreck is a

landing ship transport which was lost in

1948.

Penalties

Pursuant to 15 CFR 992.45, any

violation of the rule is subject to a

maximum civil penalty of $110,000 per

violation per day. Furthermore, the

NMSA and regulations authorize a

proceeding in rem against any vessel

used in violation of any such regulation.

Classification

Under 5 USC 553(b)(B), the Assistant

Administrator for Ocean Services and

Coastal Zone Management, NOAA for

good cause finds that providing prior

notice and public procedure thereon

with respect to this rule is contrary to

the public interest. This is due to recent

evidence that has come to light that

severe damage to coral in the area has

been caused by the chains and anchors

of vessels 50 meters or greater in length.

Further damage to the living coral reef

will occur if the prohibition

implemented by this rule is delayed to

provide prior notice and opportunity for

public comment.

Likewise, under 5 U.S.C. 553(d)(3),

the Assistant Administrator for Ocean

Services and Coastal Zone Management,

NOAA for good cause finds that

delaying the effective date of this rule

for 30 days is contrary to the public

interest. First, if the rule is delayed for

30 days, significant damage to the living

coral resources could result. Further, 30

days is not necessary to give notification

to vessels which might anchor in the

area in the future or for any vessel

presently anchored to move to an

alternative anchoring site. The U.S.

Coast Guard will give immediate

notification to vessels and they then

can, in a short period of time, move and

re-anchor in the recommended location.

Notification will be made by the U.S.

Coast Guard via notice to mariners,

Sanctuary radio announcements, press

releases, press conferences, and with

assistance by the U.S. Coast Guard and

Dry Tortugas National Park staff on the

water within the area. This rule is

effective on 12:01 am on the second day

after the filing of this rule at the Office

of the Federal Register, to allow

adequate time for any vessels to

relocate.

Executive Order 12866

The Office of Management and Budget

(OMB) has concurred that this rule is

not significant within the meaning of

Section 3(f) of Executive Order 12866.

Executive Order 12612

NOAA has concluded that this

regulatory action does not have

federalism implications sufficient to

warrant preparation of a federalism

assessment under Executive Order

12612.

Regulatory Flexibility Act

Because this rule is not required to be

issued with prior notice and

opportunity for public comment by 5

U.S.C. 553 or by any other law, it is not

subject to the Regulatory Flexibility Act

requirement for preparation of a

regulatory flexibility analysis, and none

has been prepared.

Paperwork Reduction Act

This rule does not impose an

information collection requirement

subject to review and approval by OMB

under the Paperwork Reduction Act of

1980, 44 U.S.C. 3500 et seq.

Dated: October 17, 1997.

Nancy Foster,

Assistant Administrator.

[FR Doc. 97–27700 Filed 10–15–97; 12:17

pm]

BILLING CODE 3510–08–M

DEPARTMENT OF LABOR

Occupational Safety and Health

Administration

29 CFR Part 1910

RIN 1218–AAA95

Methylene Chloride; Amendment;

Extension of Start-up Dates

AGENCY: Occupational Safety and Health

Administration (OSHA), Department of

Labor.

ACTION: Final Rule; amendment;

extension of start-up dates of

compliance.

SUMMARY: The Occupational Safety and

Health Administration (OSHA) is

extending the start-up date for most

provisions of the methylene chloride

standard for larger employers by 45 days

to December 21, 1997. Larger employers

were required to commence initial

monitoring by September 7, 1997, and

that date is unchanged. OSHA is also

extending the start-up date for initial

monitoring for foam manufacturers with

20 to 99 employees by 45 days to

December 21, 1997, Employers with

fewer than 20 employees have later

start-up dates, which are not changed.

DATES: The effective date of this

amendment is October 20, 1997.

Compliance: The start-up date for all

provisions of the methylene chloride

standard except initial monitoring and

engineering controls for employers

specified in § 1910.1052(n)(2)(iii)(C) is

extended to December 21, 1997 (255

days after the effective date of the

standard). The start-up date for the

initial monitoring provision of the
Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations 54383

methylene chloride standard is

extended to December 21, 1997 (255

days after the effective date of the

standard) for employers specified in

§ 1910.1052(n)(2)(i)(B).

FOR FURTHER INFORMATION CONTACT:

Bonnie Friedman, Director, OSHA

Office of Public Affairs, U.S.

Department of Labor, Room N3647, 200

Constitution Avenue, NW, Washington,

DC 20210, telephone (202) 219–8151.

SUPPLEMENTARY INFORMATION: OSHA

published a new methylene chloride

standard January 10, 1997 (62 FR 1494).

That standard included extended startup dates for its various provisions

depending on the size of the employer.

The three categories of employers were

employers with fewer than 20

employees, foam manufactures with 20–

99 employees, and ‘‘all other

employers.’’

OSHA published notification of OMB

approval of information collection

requirements on August 8, 1997 (62 FR

42666). As the start-up date for initial

monitoring for ‘‘all other employers’’

was August 8, 1997, OSHA extended

that date to September 7, 1997 to

provide added notice to implement

compliance.

On September 15, 1997 (62 FR 48175),

OSHA published a notice extending the

start-up date for all provisions of the

standard except initial monitoring (and

engineering controls, which already had

a later start-up date) from October 7,

1997 to November 6, 1997 for ‘‘all other

employers.’’ Other start-up dates were

left unchanged.

OSHA has concluded that an

additional 45 days (to December 21,

1997) is needed for implementation of

the provisions except initial monitoring

and engineering controls for ‘‘all other

employers.’’ This allows for a more

efficient and effective implementation

of those provisions. OSHA has also

concluded that an additional 45 days (to

December 21, 1997) is needed for foam

manufacturers with between 20 and 29

employees to comply with the initial

monitoring requirements. OSHA is

amending paragraphs

§ 1910.1052(n)(2)(i)(B) and

§ 1910.1052(n)(2)(iii)(C) to implement

this decision.

The date for completion of initial

monitoring for employers with fewer

than 20 employees is February 4, 1998,

and remains unchanged. See 62 FR 1606

(January 10, 1997) for a listing of

effective and start-up dates.

OSHA finds that there is good cause

to issue this extension without notice

and public comment because following

such procedures would be impractical,

unnecessary or contrary to the public

interest in this case. OSHA believes that

it is in the public interest to give certain

employers additional time to implement

certain provisions.

Authority And Signature

This document was prepared under

the direction of Gregory R. Watchman,

Acting Assistant Secretary of Labor for

Occupational Safety and Health, U.S.

Department of Labor, 200 Constitution

Avenue, NW, Washington, D.C. 20210.

Signed at Washington, DC this 15th day of

October 1997.

Gregory R. Watchman,

Acting Assistant Secretary of Labor.

List of Subjects in 29 CFR Part 1910

Chemicals, Hazardous Substances,

Occupational safety and health,

Reporting and recordkeeping

requirements.

PART 1910—[AMENDED]

1. The general authority citation for

subpart Z of CFR 29 part 1910 continues

to read, in part, as follows:

Authority: Sections 4, 6, and 8 of the

Occupational Safety and Health Act of 1970

(29 U.S.C. 653, 655, and 657 ); Secretary of

Labor’s Order No. 12–71 (36 FR 8754), 8–76

(41 FR 25059), 9–83 (48 FR 35736), 1–90 (55

FR 9033), or 6–96 (62(FR 111), as applicable;

and 29 CFR Part 1911.

* * * * *

2. Paragraphs (n)(2)(i)(B) and

(n)(2)(iii)(C) of § 1910.1052 are revised

to read as follows:

§ 1910.1052 Methylene Chloride.

* * * * *

(n) * * *

(2) * * *

(i) * * *

(B) for polyurethane foam

manufactures with 20 to 99 employees

with 255 days after the effective date of

this section.

(ii) * * *

(iii) * * *

(C) For all other employers within 255

days after the effective date of this

section.

* * * * *

[FR Doc. 97–27691 Filed 10–17–97; 8:45 am]

BILLING CODE 4510–26–M

DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 199

[DoD 6010.8–R]

RIN–0720–AA42

OCHAMPUS; State Victims of Crime

Compensation Programs; Voice

Prostheses

AGENCY: Office of the Secretary, DoD.

ACTION: Interim final rule; request for

comments.

SUMMARY: This interim final rule

establishes OCHAMPUS as primary

payer to State Victims of Crime

Compensation Programs and establishes

voice prostheses as a CHAMPUS

benefit.

DATES: The amendments to § 199.2 and

§ 199.8 are effective September 13, 1994

and the revision of § 199.4(g)(48) is

effective October 5, 1994. Written

comments will be accepted until

December 19, 1997.

ADDRESSES: Forward comments to the

OCHAMPUS, Program Development

Branch, Aurora, CO 80045–6900.

FOR FURTHER INFORMATION CONTACT:

Connie Kiese, OCHAMPUS, Program

Development Branch, telephone (303)

361–1178.

SUPPLEMENTARY INFORMATION: Under 10

U.S.C. 1079(j)(1), no CHAMPUS benefits

shall be available for the payment for

any service or supply for persons

enrolled in any other insurance, medical

service, or health plan to the extent that

the service or supply is a benefit under

the other plan, except in the case of

those plans administered under title

XIX of the Social Security Act

(Medicaid)(51 FR 24008). Therefore, in

all double coverage situations, and for

all classes of beneficiaries, CHAMPUS

shall be secondary payer except when

the other medical coverage is provided

through Medicaid.

However, on September 13, 1994,

Public Law 103–322 was signed into

effect. Section 230202 of that law states

that notwithstanding any other law, if

the compensation paid by an eligible

crime victim compensation plan would

cover costs that a Federal program or a

federally financed State or local

program would otherwise pay,——

(1) Such crime compensation program

shall not pay that compensation; and

(2) The other program shall make its

payments without regard to the

existence of the crime victim

compensation program.

This provision mandates that

CHAMPUS assume primary payer status