54384 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations

to State Victims of Crime Compensation

Programs.

This interim final rule is being

published and no previous public

comment period has been requested.

The change is mandated through public

law signed into effect on September 13,

1994, and we do not believe it is in the

public interest to delay the

implementation through the publication

of a proposed rule. However, for a

period of 60 days following the date of

publication of this interim final rule in

the Federal Register, we will accept

public comments and, when

appropriate, will revise the amendment.

A notice advising of any revision

prompted by public comments will be

published in the Federal Register not

later than 90 days following the end of

the comment period. Benefits will be

granted retroactively, effective

September 13, 1994 for State Victims of

Crime Compensation Programs and

voice prostheses.

The National Defense Authorization

Act for Fiscal Year 1995 (Public Law

103–337), section 705, October 5, 1994,

added voice prostheses to the benefits

available under CHAMPUS. Benefits

will be granted retroactively, effective

October 5, 1994.

Because this change is also mandated

through public law, we do not believe

it is in the public interest to delay the

implementation through the publication

of a proposed rule. A comment period

of 60 days following the date of

publication of this amendment in the

Federal Register is provided.

Effective September 13, 1994,

CHAMPUS is considered primary payer

to state victims of crime compensation

programs. The effective date for the new

CHAMPUS benefit of voice prosthesis is

October 5, 1994.

Regulatory Procedures

The Regulatory Flexibility Act (RFA)

requires that each federal agency

prepare, and make available for public

comment, a regulatory flexibility

analysis when the agency issues a

regulation which would have a

significant impact on a substantial

number of small entities.

This interim final rule is not a

significant regulatory action under

Executive Order 12866. The changes set

forth in this interim final rule are minor

revisions to the existing regulation.

Since this interim final rule does not

impose information collection

requirements, it does not need to be

reviewed by the Executive Office of

Management and Budget under

authority of the Paperwork Reduction

Act of 1980 (44 U.S.C. 3501–511).

List of Subjects in 32 CFR Part 199

Claims, Handicapped, Health

insurance, Military personnel.

PART 199—[AMENDED]

Accordingly, 32 CFR part 199 is

amended as follows:

1. The authority citation for part 199

continues to read as follows:

Authority: 5 U.S.C. 301; and 10 U.S.C.

Chapter 55.

2. Section 199.2(b) is amended by

adding a definition ‘‘State Victims of

Crime Compensation Programs’’ in

alphabetical order to read as follows:

§ 199.2 Definitions.

* * * * *

(b) * * *

State Victims of Crime Compensation

Programs. Benefits available to victims

of crime under the Violent Crime

Control and Law Enforcement Act.

* * * * *

3. Section 199.4 is amended by

revising paragraph (g)(48) to read as

follows:

§ 199.4 Basic program benefits.

* * * * *

(g) * * *

(48) Prosthetic devices. Prostheses,

except artificial limbs, voice prostheses

and eyes, or if an item is inserted

surgically in the body as an integral part

of a surgical procedure. All dental

prostheses are excluded, except for

those specifically required in

connection with otherwise covered

orthodontia directly related to the

surgical correction of a cleft palate

anomaly.

* * * * *

4. Section 199.8 is amended by

revising paragraphs (b)(3)(iii), (b)(3)(iv)

and by adding paragraph (b)(3)(v) as

follows:

§ 199.8 Double coverage.

* * * * *

(b) * * *

(3) * * *

(iii) Entitlement to receive care from

Uniformed Services medical care

facilities;

(iv) Certain Federal Government

programs, as prescribed by the Director,

OCHAMPUS, that are designed to

provide benefits to a distinct beneficiary

population and for which entitlement

does not derive from either premium

payment of monetary contribution (for

example, the Indian Health Service); or

(v) State Victims of Crime

Compensation Programs.

* * * * *

Dated: October 10, 1997.

L.M. Bynum,

Alternate OSD Federal Register Liaison

Officer, Department of Defense.

[FR Doc. 97–27641 Filed 10–17–97; 8:45 am]

BILLING CODE 5000–04–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01–97–018]

RIN 2115–AE47

Drawbridge Operation Regulations;

Bronx River, NY

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: The Coast Guard is changing

the regulations governing the Bruckner

Boulevard Bridge, over the Bronx River

in the Bronx, New York. In addition, the

location of the bridge in this section will

be more clearly identified and

redundant language regarding openings

for public vessels and vessels in distress

is removed. The owner of the bridge has

requested that a 4 hours notice for

openings be provided, except between 7

a.m. and 9 a.m. and 4 p.m. and 6 p.m.,

Monday through Friday, when the

bridge need not open for the passage of

vessels. This change is expected to

provide for the needs of navigation and

relieve the bridge owner of the burden

of crewing the bridge at all times.

DATES: This final rule is effective

November 19, 1997.

FOR FURTHER INFORMATION CONTACT: Mr.

J. Arca, project officer, First Coast Guard

District, Bridge Branch at the Battery

Park Bldg., New York, New York 10004.

The telephone number is (212) 668–

7069.

SUPPLEMENTARY INFORMATION:

Regulatory History

On April 30, 1997, the Coast Guard

published a notice of proposed

rulemaking entitled ‘‘Drawbridge

Operation Regulations; Bronx River,

New York’’ in the Federal Register (62

FR 23410). The Coast Guard received

two comments on the notice of

proposed rulemaking. No public hearing

was requested, and one was not held.

Background and Purpose

The Bruckner Boulevard Bridge, at

mile 1.1, over the Bronx River in the

Bronx, New York, has vertical

clearances of 27′ above mean high water

(MHW) and 34′ above mean low water

(MLW) in the closed position. The
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