Federal Register / Vol. 62, No. 234 / Friday, December 5, 1997 / Rules and Regulations 64303

45 CFR Parts 255 and 256

Aid to Families with Dependent

Children, Day care, Education and

training, Employment, Grant

programs—social programs.

45 CFR Part 257

Day care, Grant programs—social

programs, Reporting and recordkeeping

requirements.

(Catalogue of Federal Domestic Assistance

Programs: 93.560—Family Support Payments

to States—Assistance Payments; 93.561—Job

Opportunities and Basic Skills Training

(JOBS); 93.574—Child Care for Families at

Risk of Welfare Dependency)

Dated: November 14, 1997.

Olivia A. Golden,

Assistant Secretary for Children and Families.

Under the authority of sections 116 of

Pub. L. 104–193 and section 1302 of the

Social Security Act, and for the reasons

set forth in the preamble, we are

amending Chapter II of title 45 of the

Code of Federal Regulations, as follows:

PART 205—GENERAL

ADMINISTRATION—PUBLIC

ASSISTANCE PROGRAMS

1. The authority citation for Part 205

continues to read as follows:

Authority: 42 U.S.C. 602, 603, 606, 608,

1302, and 1306(a).

2. Remove sections 205.40 through

205.43 (including the appendix to

§ 205.41) and 205.146.

PART 232—SPECIAL PROVISIONS

APPLICABLE TO TITLE IV–A OF THE

SOCIAL SECURITY ACT

1. Remove part 232 (including

appendix A).

PART 233—COVERAGE AND

CONDITIONS OF ELIGIBILITY IN

FINANCIAL ASSISTANCE PROGRAMS

1. The authority citation for part 233

continues to read as follows:

Authority: 42 U.S.C. 301, 602, 602 (note),

606, 607, 1202, 1302, 1352, and 1382 (note).

2. Remove § 233.120.

PART 235—ADMINISTRATION OF

FINANCIAL ASSISTANCE PROGRAMS

1. The authority citation for part 235

continues to read as follows:

Authority: 42 U.S.C. 603, 616, and 1302.

2. Remove §§ 235.111, 235.112, and

235.113.

PART 250—JOB OPPORTUNITIES AND

BASIC SKILLS TRAINING PROGRAM

1. Remove part 250.

PART 251—PROGRAM PARTICIPANT

EMPLOYMENT PROTECTION

1. Remove part 251.

PART 255—CHILD CARE AND OTHER

WORK-RELATED SUPPORTIVE

SERVICES DURING PARTICIPATION IN

EMPLOYMENT, EDUCATION, AND

TRAINING

1. Remove part 255.

PART 256—TRANSITIONAL CHILD

CARE

1. Remove part 256.

PART 257—AT-RISK CHILD CARE

PROGRAM

1. Remove part 257.

[FR Doc. 97–31770 Filed 12–4–97; 8:45 am]

BILLING CODE 4184–01–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

46 CFR Parts 170, 171, and 173 and

Chapter I, Subchapters K and T

[CGD 85–080]

RIN 2115–AC 22

Small Passenger Vessel Inspection

and Certification; Correction

AGENCY: Coast Guard, DOT.

ACTION: Correcting amendments.

SUMMARY: This document contains

corrections to the final rule [CGD 85–

080] which was published on

September 30, 1997 (62 FR 51326). The

rule completely revised Coast Guard

regulations that affect small passenger

vessels of less than 100 gross tons in 46

CFR parts 170, 171, 173 and Chapter I,

Subchapters K and T.

DATES: Effective on December 5, 1997.

ADDRESSES: A copy of the final rule as

indicated in the preamble may be

obtained via the Internet at http://

www.dot.gov/dotinfo/uscg/hq/g-m/

nmc/regs/fr97/9l16.htm or by writing

Commandant (G–MSO–2), U.S. Coast

Guard Headquarters, 2100 Second Street

SW., Washington, DC 20593–0001.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Eric P. Christensen, Project

Manager, Office of Operating and

Environmental Standards, (G–MSO–2),

phone 202–267–1181, telefax 202–267–

4570.

SUPPLEMENTARY INFORMATION:

Need for Correction

The Coast Guard published a final

rule in the Federal Register on

September 30, 1997 (62 FR 51326),

completely revising its regulations in 46

CFR parts 170, 171, and 173 and

Chapter I, Subchapters K and T which

affect small passenger vessels of less

than 100 gross tons.

An incorrect document was

inadvertently sent to the Federal

Register. As published, the final rule

contains information in its preamble

and errors in the regulations that may

prove to be misleading. Parts of the

preamble need to be clarified and the

regulations need to be corrected. These

corrections merely conform the final

rule to the document approved by the

Commandant, USCG, DOT and OMB.

The Coast Guard acknowledges that

publishing these correcting amendments

immediately after publication of the

final rule may confuse owners and

operators of small passenger vessels.

Therefore, the Coast Guard will make

available via the Internet or upon

request a copy of the final rule as it was

to have been published. The Internet

address is provided under ADDRESSES. A

copy of the final rule may also be

obtained by calling the Coast Guard at

202–267–1181 or by writing to the Coast

Guard at the address provide under

ADDRESSES.

For further clarification, the codified

version in the CFR dated October 1,

1997, will contain an editorial note at

the end of each part or section affected

that it has been corrected by amendment

published in the Federal Register on

December 5, 1997.

Correction of the Preamble

In rule FR Doc. 97–25599 published

on September 30, 1997 (62 FR 51326),

make the following corrections to the

preamble:

1. On page 51328, first column,

paragraph (7), second sentence, remove

the ‘‘resolved’’ and add, in its place, the

word ‘‘addressed’’.

2. On page 51328, third column,

paragraph (c), remove the text and add,

in its place, the following:

‘‘A recently published internal

instruction titled ‘‘RISK BASED

DECISION-MAKING & G–M BUSINESS

PLAN GOALS’’ provides technical and

administrative guidance to the field on

how risk assessment and management

can and should be used in support of

Commandant (G–M)’s Business Plan

goals.’’

3. On page 51329, third column,

paragraph (7), line 27, after the word

percent, add the words ‘‘passenger

increase’’.

4. On page 51330, second column,

after paragraph (15), add the following:

‘‘(16) The Coast Guard has added a

definition for wood vessel in subchapter
64304 Federal Register / Vol. 62, No. 234 / Friday, December 5, 1997 / Rules and Regulations

T to clarify which types of wood

construction are subject to additional

subdivision and lifesaving requirements

presented in the IFR. The casualty data

used throughout this rulemaking to

justify the need for additional

requirements for vessels constructed of

wood shows the vessels involved were

built using ‘‘traditional’’ plank-on-frame

construction techniques. This type of

construction requires the use of

mechanical fastenings to maintain the

integrity of the hull structure. The loss

of fastener structural integrity can result

in the ‘‘springing’’ of one or more planks

and lead to catastrophic flooding. It is

this type of construction that the Coast

Guard has determined requires

additional subdivision or lifesaving

equipment requirements to provide an

equivalent level of safety to steel,

aluminum, and FRP construction. Many

wood vessels have been constructed

using cold molded, edge-glued epoxy,

FRP over plywood, and other composite

construction techniques that do not rely

on mechanical fasteners to maintain

hull integrity. Although these vessels

are considered wood vessels for the

purpose of certification, they will not be

required to meet the additional

subdivision and lifesaving requirements

contained in Parts 179 and 180,

respectively.’’

5. On page 51330, second column,

under Sections 114.540 and 175.540

Equivalents, remove the words ‘‘and

175.540’’ from the heading, and remove

the words ‘‘and 175.540(b)’’ from the

text of the section.

6. On page 51334, first column, under

Section 116.438 Stairtowers, Stairways,

Ladders, and Elevators, add a new

paragraph (1) to read as follows:

‘‘(1) As previously discussed under

sections 144.110 and 175.110, the Coast

Guard has added a new paragraph (a) to

§ 116.438 for vessels carrying over 600

passengers or with overnight

accommodations for more than 49

passengers.’’, and renumbered

paragraphs (1), (2), and (3) as (2), (3),

and (4), respectively.

7. On page 51334, second column,

under Section 116.500 Means of Escape,

in the heading remove the words

‘‘Section 116.500’’ and add, in their

place, the words ‘‘Sections 116.500 and

177.500’’; and remove the text and add,

in its place, the following:

‘‘Paragraphs 116.500(k)(1) and

177.500(j)(1) are revised to indicate that

a ladder and a deck scuttle are

acceptable as a second means of egress

from crew spaces on any vessel,

regardless of length. Difficulty has been

encountered in the application of

paragraph (h) in subchapter K. In the

IFR, this paragraph indicated that the

maximum allowable travel distance to a

means of egress could not exceed 46

meters (150 ft). Means of egress is (and

was in the IFR) defined as ‘‘a

continuous and unobstructed way of

exit travel from any point in a vessel to

an embarkation station or area of

refuge.’’ The intent of § 116.500(h) is to

limit the distance of travel to a protected

area, such as a stairway, area of refuge,

or embarkation station. Section

116.500(h) is revised to clarify that

travel distance to an exit may not

exceed 46 meters, measured as actual

walking distance. A definition was

added to § 114.400 to define ‘‘exit’’ as

either an area protected as a stairway, or

a door which leads to an area of refuge

or an embarkation station. Sections

116.500(p)(1) and 177.500 (o)(1) are

amended to change the maximum

dimension for a space that is permitted

to have a single means of escape from

3.6 meters to 30 square meters to be

consistent with other subchapters.

8. On page 51335, first column, under

Section 177.900 Deck Rails, in the

heading remove the word ‘‘Section’’ and

add, in its place, the words ‘‘Sections

116.900 and’’; and, in the last sentence

of paragraph (1) after the word

‘‘spacing’’, add the words ‘‘or wire

mesh’’.

9. On page 51336, first column, under

Section 178.330 Simplified Stability

Proof Test, remove the text and add, in

its place, the following:

‘‘The Coast Guard has re-evaluated

this section. The simplified stability test

on passenger vessels less than 65 feet is

done in accordance with § 178.330

(§ 171.030 in subchapter S for old

subchapter T). The traditional method

for conducting the simplified test is

provided on Coast Guard form CG–4006

(Rev. 8–79). This form dates back to

‘‘Ancient’’ subchapter T in § 179.10–1,

but the language in new subchapter T is

quite similar. Basically, the total weight

of all persons and other loads are to be

on board and ‘‘distributed so as to

provide normal operating trim and to

simulate the vertical center of gravity

(VCG), causing the least stable condition

that is likely to occur in service.’’ Form

CG–4006 goes one step further. On page

2 of 8, paragraph (2), the weight

distribution on board a vessel ‘‘having

one upper deck above the main deck

available to passengers * * *,’’ has an

additional safety factor thrown in that is

not currently taken from or referenced

in the regulations. The weight located

on the one upper deck is the equivalent

of 1.33 times the actual weight of

passengers to be located there. The

rationale for doing so is understood,

however, one problem is it appears

‘’arbitrary’’ with no reference in the

regulations and no other apparent basis.

It certainly does help to ensure the

conservatism of the test, which has been

proven by the test of time since it

appears no subchapter T boats have

been lost due to stability based upon

this simple stability test. The Coast

Guard affirms keeping the 1.33 safety

factor for weight distribution on the

upper deck, and has placed it in

§ 178.330(a)(4) of subchapter T and

§ 171.030(c) in subchapter S.’’

10. On page 51337, second column,

under Sections 117.71 and 180.71 Life

Jackets, paragraph (1), in line 12 after

the number § 122.604, add the words

‘‘and 185.604’’, and at the end of

paragraph (1), add the following

sentence: ‘‘Paragraph (e) has been added

to both sections to reference the

appropriate marking requirements.’’

11. On page 51339, first column,

under Sections 118.300 and 181.300

Fire Pumps, add a new paragraph (1) to

read as follows:

‘‘(1) As previously discussed in

§§ 114.110 and 175.110, the Coast Guard

amends § 118.300(c) by requiring

vessels carrying more than 600

passengers to comply with subchapter H

fire pump requirements.’’; at the end of

the last sentence of paragraph (1) after

the word ‘‘deleted’’ add the words

‘‘from paragraph (e) in both

subchapters’’; and renumber paragraph

(1), (2), and (3) as (2), (3), and (4),

respectively.

12. On page 51341, second column,

before Section 183.322 Multiple

Generators, add a new section to read as

follows:

‘‘Section 120.312 Power sources on

vessels of more than 19.8 meters (65

feet) in length with overnight

accommodations for more than 49

passengers.

As previously discussed in §§ 114.110

and 175.110, the Coast Guard amends

the title of this section to include

vessels carrying more than 600

passengers.’’

13. On page 51341, third column,

under Section 120.432 and 183.432

Emergency Lighting, add the following

paragraph to the end of the section:

‘‘As previously discussed in

§§ 114.110 and 175.110, the Coast Guard

amends § 120.432(c) to include vessels

carrying more than 600 passengers.’’

14. On page 51341, third column,

after Section 120.432 and 183.432

Emergency Lighting, add a new section

to read as follows:

‘‘Section 120.434 Lifeboat and liferaft

floodlights on vessels of more than 19.8

meters (65 feet) in length with overnight

accommodations for more than 49

passengers.
Federal Register / Vol. 62, No. 234 / Friday, December 5, 1997 / Rules and Regulations 64305

As previously discussed in §§ 114.110

and 175.110, the Coast Guard amends

§ 120.434 to include vessels carrying

more than 600 passengers.’’

15. On page 51341, third column,

under Sections 121.220 and 183.220

Cooking Equipment, in the heading

delete the number ‘‘183.220’’ and add,

in its place, the number ‘‘184.220’’.

16. On page 51344, second column,

paragraph (7), line 3, after the word

‘‘handrails’’, add the words ‘‘should be

required to notify passengers of the

dangers of low rails’’.

17. On page 51345, first column,

under Section 122.604 Lifesaving

Equipment Markings, in the heading

delete the words ‘‘Section 122.604’’ and

add, in their place, the words ‘‘Sections

122.604 and 185.604 and’’; and add two

new paragraphs at the end of the section

to read as follows:

‘‘One comment stated that the

prescriptive lettering requirements for

lifesaving equipment were unnecessary

and not consistent with the subchapter

W IFR.

The Coast Guard agrees, and has

revised both sections by deleting

prescriptive minimum letter size

requirements.’’

18. On page 51345, second column, in

Part 171—Special Rules Pertaining to

Vessels Carrying Passengers, line 23

after the words ‘‘subpart K’’, add the

words ‘‘of part 116.’’

List of Subjects

46 CFR Parts 114 and 175

Incorporation by reference, Marine

safety, Passenger vessels, Reporting and

recordkeeping requirements.

46 CFR Parts 115 and 176

Fire prevention, Marine safety,

Passenger vessels, Reporting and

recordkeeping requirements.

46 CFR Parts 116, 117, 119, 171, 178,

179, 180, and 182

Marine safety, Passenger vessels.

46 CFR Parts 118 and 181

Fire prevention, Marine safety,

Passenger vessels.

46 CFR Parts 120 and 183

Electric power, Marine safety,

Passenger vessels.

46 CFR Parts 121 and 184

Communications equipment, Marine

safety, Navigation (water), Passenger

vessels.

46 CFR Parts 122 and 185

Alochol and alcoholic beverages,

Drugs, Hazardous materials, Marine

safety, Navigation (water), Passenger

vessels, Reporting and recordkeeping

requirements.

46 CFR Part 170

Marine safety, Reporting and

recordkeeping requirements, Vessels.

46 CFR Part 173

Marine safety, Vessels.

46 CFR Part 177

Marine safety, Passenger vessels,

Reporting and recordkeeping

requirements.

Correction of Regulatory Text

Accordingly, 46 CFR parts 170, 171,

and 173 and Chapter I, Subchapters K

and T are corrected by making the

following correcting amendments:

SUBCHAPTER K—SMALL

PASSENGER VESSELS CARRYING

MORE THAN 150 PASSENGERS OR

WITH OVERNIGHT

ACCOMMODATIONS FOR MORE THAN

49 PASSENGERS

PART 114—GENERAL PROVISIONS

1. The authority citation for part 114

continues to read as follows:

Authority: 46 U.S.C. 2103, 3306; 49 U.S.C.

App. 1804; 49 CFR 1.45, 1.46. Sec. 114.900

also issued under 44 U.S.C. 3507.

§ 114.400 [Corrected]

2. In § 114.400(b), in the definition for

‘‘High Speed Craft’’, in the equation

‘‘V=3.7 × displ1667 H’’, add a decimal

point before the number ‘‘1667’’.

PART 116—CONSTRUCTION AND

ARRANGEMENT

3. The authority citation for part 116

continues to read as follows:

Authority: 46 U.S.C. 2103, 3306; E.O.

12234, 45 FR 58801, 3 CFR, 1980 Comp., p.

277; 49 CFR 1.46.

§ 116.439 [Corrected]

4. In § 116.439(e), remove the word

‘‘etc.’’ and add, in its place, the words

‘‘or other obstructions’’.

§ 116.500 [Corrected]

5. In § 116.500(h), remove the word

‘‘be’’ immediately before the number

‘‘46’’.

PART 117—LIFESAVING EQUIPMENT

AND ARRANGEMENTS

6. The authority citation for part 117

continues to read as follows:

Authority: 46 U.S.C. 2103, 3306; E.O.

12234, 45 FR 58801, 3 CFR 1980 Comp., p.

277; 49 CFR 1.46.

§ 117.130 [Corrected]

7. In § 117.130(b), remove the words

‘‘part 160, subparts 160.062 or 160.162,

of this chapter’’ and add, in their place,

the words ‘‘approval series 160.062 or

160.162’’.

§ 117.150 [Corrected]

8. In § 117.150(a), remove the words

‘‘part 160, subpart 160.163, of this

chapter’’ and add, in their place, the

words ‘‘approval series 160.163’’, and

remove the words ‘‘part 160, subpart

160.175, of this chapter’’ and add, in

their place, the words ‘‘approval series

160.175’’.

§ 117.175 [Corrected]

9. In § 117.175(f)(4), remove the words

‘‘part 161, subpart 161.010, of this

chapter’’ and add, in their place, the

words ‘‘approval series 161.010’’.

§ 117.200 [Corrected]

10. In § 117.200, in paragraph (a)(1),

remove the words ‘‘part 160, subpart

160.151, of this chapter,’’ and add, in

their place, the words ‘‘approval series

160.151’’; in paragraph (a)(2), remove

the words ‘‘part 160, subpart 160.027, of

this chapter,’’ and add, in their place,

the words ‘‘approval series 160.027’’;

and in paragraphs (a)(3) and (a)(4),

remove the words ‘‘part 160, subpart

160.010, of this chapter,’’ and add, in

their place, the words ‘‘approval series

160.010’’.

§ 117.210 [Corrected]

11. In § 117.210(c), remove the words

‘‘complying with part 160, subpart

160.056, of this chapter’’ and add, in

their place, the words ‘‘approved under

approval series 160.056’’, and remove

the words ‘‘part 160, subpart 160.156, of

this chapter’’ and add, in their place, the

words ‘‘approval series 160.156’’.

PART 118—FIRE PROTECTION

EQUIPMENT

12. The authority citation for part 118

continues to read as follows:

Authority: 46 U.S.C. 2103, 3306; E.O.

12234, 45 FR 58801, 3 CFR, 1980 Comp., p.

277; 49 CFR 1.46.

§ 118.320 [Corrected]

13. In § 118.320(c)(1), remove the

words ‘‘part 162, subpart 162.027, of

this chapter’’ and add, in their place, the

words ‘‘approval series 162.027’’.

PART 121—VESSEL CONTROL AND

MISCELLANEOUS SYSTEMS AND

EQUIPMENT

14. The authority citation for part 121

continues to read as follows:
64306 Federal Register / Vol. 62, No. 234 / Friday, December 5, 1997 / Rules and Regulations

Authority: 46 U.S.C. 2103, 3306; E.O.

12234, 45 FR 58801, 3 CFR, 1980 Comp., p.

277; 49 CFR 1.46.

§ 121.710 [Corrected]

15. In § 121.710, remove the words

‘‘part 160, subpart 160.041, of this

chapter’’ and add, in their place, the

words ‘‘approval series 160.041’’.

PART 122—OPERATIONS

16. The authority citation for part 122

continues to read as follows:

Authority: 46 U.S.C. 2103, 3306, 6101; E.O.

12234, 45 FR 58801, 3 CFR, 1980 Comp., p.

277; 49 CFR 1.46.

§ 122.604 [Corrected]

17. In § 122.604, in paragraph (a)

introductory text, remove the words ‘‘at

least 76 millimeters (3 inches) high’’; in

paragraph (d), add the words ‘‘and

numbers’’ after the word ‘‘letters’’ and

remove the words ‘‘in letters and

numbers at least 40 millimeters (1.5

inches) high’’; in paragraph (e)

introductory text add the words ‘‘and

numbers’’ after the word ‘‘letters’’ and

remove the words ‘‘in letters and

numbers at least 40 millimeters (1.5

inches) high’’.

SUBCHAPTER T—SMALL

PASSENGER VESSELS (UNDER 100

GROSS TONS)

PART 175—GENERAL PROVISIONS

18. The authority citation for part 175

continues to read as follows:

Authority: 46 U.S.C. 2103, 3306; 49 U.S.C.

App. 1804; 49 CFR 1.45, 1.46. Sec. 175.900

also issued under 44 U.S.C. 3507.

19. In § 175.400, in the definition for

‘‘High Speed Craft’’, in the equation ‘‘V

= 3.7 × displ 1667 h’’, add a decimal point

before the number ‘‘1667’’, and add, in

alphabetical order, a definition for

‘‘wood vessel’’ to read as follows:

§ 175.400 Definitions of terms used in this

subchapter.

* * * * *

Wood vessel means, for the purposes

of subdivision and lifesaving equipment

requirements in this subchapter, a

traditionally-built, plank-on-frame

vessel, where mechanical fasteners

(screws, nails, trunnels) area used to

maintain hull integrity.

* * * * *

PART 177—CONSTRUCTION AND

ARRANGEMENT

20. The authority citation for part 177

continues to read as follows:

Authority: 46 U.S.C. 2103, 3306; E.O.

12234, 45 FR 58801, 3 CFR, 1980 Comp., p.

277; 49 CFR 1.46.

21. In § 177.500, in paragraph (j)(1),

remove the last word ‘‘and’’ and add, in

its place, the word ‘‘or’’; and revise

paragraph (o)(1) to read as follows:

§ 177.500 Means of escape.

* * * * *

(o) * * *

(1) The space has a deck area less than

30 square meters (322 square feet);

* * * * *

PART 178—INTACT STABILITY AND

SEAWORTHINESS

22. The authority citation for part 178

continues to read as follows:

Authority: 43 U.S.C. 1333; 46 U.S.C. 2103,

3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980

Comp., p. 277; 49 CFR 1.46.

§ 178.330 [Corrected]

23. In § 178.330(a)(4)(v), remove the

equation

‘‘Weight on Upper Deck = —————————————— × ———————— × 1.33’’

# of Passengers on Upper Deck Wt per Passenger

and add, in its place, the following equation:

‘‘Weight on Upper Deck = (# of Passengers on Upper Deck) × (Wt per Passenger) × 1.33’’.

PART 180—LIFESAVING EQUIPMENT

AND ARRANGEMENTS

24. The authority citation for part 180

continues to read as follows:

Authority: 46 U.S.C. 2104, 3306; E.O.

12234, 45 FR 58801, 3 CFR, 1980 Comp., p.

277; 49 CFR 1.46.

§ 180.130 [Corrected]

25. In § 180.130(b), remove the words

‘‘part 160, subparts 160.062 or 160.162,

of this chapter’’ and add, in their place,

the words ‘‘approval series 160.062 or

160.162’’.

§ 180.210 [Corrected]

26. In § 180.210(d), remove the words

‘‘complying with approval series

160.056’’ and add, in their place, the

words ‘‘approved under approval series

160.156’’.

PART 185—OPERATIONS

27. The authority citation for part 185

continues to read as follows:

Authority: 46 U.S.C. 2103, 3306, 6101; E.O.

12234, 45 FR 58801, 3 CFR, 1980 Comp., p.

277; 49 CFR 1.46.

§ 185.604 [Corrected]

28. In § 185.604, in paragraph (a)

introductory text, remove the words ‘‘at

least 76 millimeters (3 inches) high’’; in

paragraph (d), add the words ‘‘and

numbers’’ after the word ‘‘letters’’ and

remove the words ‘‘in letters and

numbers at least 40 millimeters (1.5

inches) high’’; and, in paragraph (e)

introductory text, add the words ‘‘and

numbers’’ after the word ‘‘letters’’ and

remove the words ‘‘in letters and

numbers at least 40 millimeters (1.5

inches) high’’.

Dated: December 1, 1997.

Joseph J. Angelo,

Acting Assistant Commandant for Marine

Safety and Environmental Protection.

[FR Doc. 97–31895 Filed 12–4–97; 8:45 am]

BILLING CODE 4910–14–M

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018–AC32

Endangered and Threatened Wildlife

and Plants; Determination of

Endangered Status for the Callippe

Silverspot Butterfly and the Behren’s

Silverspot Butterfly and Threatened

Status for the Alameda Whipsnake

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Final rule.

SUMMARY: The Fish and Wildlife Service

(Service) determines endangered status

pursuant to the Endangered Species Act

of 1973, as amended (Act) for the

callippe silverspot butterfly (Speyeria

callippe callippe) and Behren’s

silverspot butterfly (Speyeria zerene

behrensii) and threatened status for the

Alameda whipsnake (Alameda striped

racer) (Masticophis lateralis

euryxanthus). The callippe silverspot

butterfly is found at two sites on

grasslands in the San Francisco Bay