Federal Register / Vol. 65, No. 237 / Friday, December 8, 2000 / Rules and Regulations 76935

meets the requirements of sections 3(a)

and 3(b)(2) of the Order.

National Environmental Policy Act

(NEPA) of 1969

This rule does not constitute a major

Federal action significantly affecting the

quality of the human environment. A

detailed statement under the NEPA is

not required.

Paperwork Reduction Act of 1995

There are no information collection

requirements associated with this rule.

Unfunded Mandates Reform Act

(UMRA) of 1995

This rule does not impose an

unfunded mandate on State, local, and

tribal governments or the private sector

of more than $100 million per year. The

rule does not have a significant or

unique effect on State, local, or tribal

governments or the private sector. A

statement containing the information

required by the UMRA (2 U.S.C. 1531 et

seq.) is not required.

List of Subjects in 30 CFR Part 250

Continental shelf, Environmental

impact statements, Environmental

protection, Government contracts,

Incorporation by reference,

Investigations, Mineral royalties, Oil

and gas development and production,

Oil and gas exploration, Oil and gas

reserves, Penalties, Pipelines, Public

lands—mineral resources, Public

lands—rights-of-way, Reporting and

recordkeeping requirements, Sulphur

development and production, Sulphur

exploration, Surety bonds.

Dated: November 14, 2000.

Sylvia Baca,

Assistant Secretary, Land and Minerals

Management.,

For the reasons stated in the

preamble, the Minerals Management

Service amends 30 CFR part 250 as

follows:

PART 250—OIL AND GAS AND

SULPHUR OPERATIONS IN THE

OUTER CONTINENTAL SHELF

1. The authority citation for 30 CFR

part 250 continues to read as follows:

Authority: 43 U.S.C. 1331, et seq.

2. In § 250.198, in the table in

paragraph (e), the entry for ‘‘API Spec

14A’’ is revised to read as follows:

§ 250.198 Documents incorporated by

reference.

* * * * *

(e) * * *

Title of documents Incorporated by

reference at

*******

API Spec 14A, Tenth Edition, November 2000, ISO10432:1999, Petroleum and Natural Gas Industries—Downhole

Equipment—Subsurface Safety Valve Equipment, API Stock No. G14A09.

§ 250.806(a)(3).

***** * *

3. In § 250.806, the last sentence in

paragraph (a)(3) is revised and new

paragraph (a)(4) is added to read as

follows:

§ 250.806 Safety and pollution prevention

equipment quality assurance requirements.

(a) * * *

(3) * * * All SSSVs must meet the

technical specifications of API

Specification 14A.

(4) For information on all standards

mentioned in this section, see § 250.198.

* * * * *

[FR Doc. 00–30694 Filed 12–7–00; 8:45 am]

BILLING CODE 4310–MR–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD07–00–106]

RIN 2115–AE47

Drawbridge Operation Regulations;

Atlantic Intracoastal Waterway, Mile

1084.6, Miami, FL

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule with

request for comments.

SUMMARY: Commander, Seventh Coast

Guard District is temporarily changing

the regulations governing the West 79th

Street Causeway Bridge, mile 1084.6

across the Atlantic Intracoastal

Waterway at Miami, Florida. This

temporary rule establishes scheduled

openings on the hour and half hour,

Monday through Saturday, from 7 a.m.

to 6:30 p.m., and allows the bridge to

remain closed from 7:30 a.m. to 9:30

a.m. and 4:30 p.m. to 6:30 p.m., Monday

through Friday. The drawbridge will

open on demand during all other

periods including federal holidays and

Sundays. This action is necessary to

facilitate drawbridge rehabilitation to

resolve related vehicle traffic flow

problems during rush hour.

DATES: This rule is effective from

November 21, 2000, to February 28,

2001. Comments must be received by

December 31, 2000.

ADDRESSES: Comments and material

received from the public, as well as

documents indicated in this preamble as

being available in the docket, are part of

docket [CGD07–00–106] and are

available for inspection or copying at

Commander (obr), Seventh Coast Guard

District, 909 S. E. 1st Avenue, Room

406, Miami, FL 33131, between 8 a.m.

and 4:30 p.m., Monday through Friday,

except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr.

Barry Dragon, Project Officer, Seventh

Coast Guard District, at (305) 415–6730.

SUPPLEMENTARY INFORMATION:

Regulatory Information

We did not publish a notice of

proposed rulemaking (NPRM) for this

regulation. Under 5 U.S.C. 553(b)(B), the

Coast Guard finds that good cause exists

for not publishing an NPRM. Publishing

an NPRM is impracticable and contrary

to the public interest because

rehabilitation is underway.

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

Coast Guard finds that good cause exists

for making this rule effective less than

30 days after publication in the Federal

Register. Rehabilitation is underway

and a delayed effective date is

impracticable.

Request for Comments

We encourage you to participate in

this rulemaking by submitting

comments and related material. If you

do so, please include your name and

address, identify the docket number for

this rulemaking (CGD07–00–106),

76936 Federal Register / Vol. 65, No. 237 / Friday, December 8, 2000 / Rules and Regulations

indicate the specific section of this

document to which each comment

applies, and give the reason for each

comment. Please submit all comments

and related material in an unbound

format, no larger than 81⁄2 by 11 inches,

suitable for copying. If you would like

to know they reached us, please enclose

a stamped, self-addressed postcard or

envelope. We will consider all

comments and material received during

the comment period. We may change

this temporary rule in view of them.

We do not now plan to hold a public

meeting. But you may submit a request

for a meeting by writing to the address

under ADDRESSES, explaining why one

would be beneficial. If the Coast Guard

determines that a public meeting would

aid this rulemaking, we will hold one at

a time and place announced by a later

notice in the Federal Register.

Background and Purpose

The West 79th Street Causeway

Drawbridge, mile 1084.6, across the

Atlantic Intracoastal Waterway, has a

vertical clearance of 19.5 feet at mean

high water and a horizontal clearance of

90 feet between fenders. This bridge

normally operates under 33 CFR 117.5,

which requires the bridge to open

promptly and fully for the passage of

vessels when a request to open is given.

However, on May 9, 2000, the Florida

Department of Transportation (FDOT)

requested that drawbridge operations be

temporarily changed to allow for

rehabilitation of the drawbridge. On

June 6, 2000, the Coast Guard issued

temporary regulations with request for

comment to allow a 30-minute opening

schedule on Monday through Saturday,

from 7 a.m. to 6 p.m. (65 FR 35826).

Discussion of Comments and Changes

We received one comment during the

comment period. FDOT requested

additional restrictions due to vehicle

congestion caused by the rehabilitation

of the drawbridge. In addition to the

existing temporary regulations that

allow the drawbridge to open on the

hour and half hour, Monday through

Saturday, from 7 a.m. to 6:30 p.m.,

FDOT asked to be able to allow the

bridge to remain closed from 7:30 a.m.

to 9:30 a.m. and 4:30 p.m. to 6:30 p.m.,

Monday through Friday. This is

necessary to resolve vehicular traffic

congestion that is a result of the bridge

rehabilitation. The drawbridge will

open on demand during all other

periods including federal holidays and

Sundays. All of the above provisions are

included in this revised temporary rule.

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. The Office of Management and

Budget has not reviewed it under that

Order. It is not ‘‘significant’’ under the

regulatory policies and procedures of

the Department of Transportation

(DOT)(44 FR 11040, February 26, l979).

The Coast Guard expects the economic

impact of this rule to be minimal

because the bridge will only be closed

two hours in the morning and two hours

in the evening on weekdays the bridge

will still open 30 minute intervals and

on demand during other periods.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601–612), we considered

whether this rule would have a

significant economic impact on a

substantial number of small entities.

The term ‘‘small entities’’ comprises

small businesses, not-for-profit

organizations that are independently

owned and operated and are not

dominant in their fields, and

governmental jurisdictions with

populations of less than 50,000.

The Coast Guard certifies under 5

U.S.C. 605(b) that this rule will not have

a significant economic impact on a

substantial number of small entities.

This rule will affect the following

entities, some of which may be small

entities; owners or operators of vessels

intending to transit the Intracoastal

waterway at mile 1084.6. Although this

temporary rule will be in effect for four

months, vessel traffic can still pass

through the drawbridge every 30

minutes during weekdays and Saturday,

except during the weekday morning and

afternoon vehicle traffic rush hours of

7:30 a.m. to 9:30 a.m. and 4:30 p.m. to

6:30 p.m. The drawbridge will open on

demand during all other periods

including federal holidays and Sundays.

Assistance for Small Entities

Under section 213(a) of the Small

Business Regulatory Enforcement

Fairness Act of 1996 (Public Law 104–

121), we offer to assist small entities in

understanding the rule so that they

could better evaluate its effects on them

and participate in the rulemaking

process. If the rule would affect your

small business, organization, or

government jurisdiction and you have

questions concerning is provisions or

options for compliance, please contact

the person listed under FOR FURTHER

INFORMATION CONTACT for assistance in

understanding and participating in this

rulemaking.

We also have a point of contact for

commenting on actions by employees of

the Coast Guard. Small businesses may

send comments on the actions of

Federal employees who enforce, or

otherwise determine compliance with

Federal regulations to the Small

Business and Agriculture Regulatory

Enforcement Ombudsman and the

Regional Small Business Regulatory

Fairness Boards. The Ombudsman

evaluates these actions annually and

rates each agency’s responsiveness to

small business. If you wish to comment

on actions by employees of the Coast

Guard, call 1–888–REG–FAIR (1–888–

734–3247).

Collection of Information

This rule calls for no new collection

of information under the Paperwork

Reduction Act of 1995 (44 U.S.C. 3501–

3520).

Federalism

We have analyzed this rule under

Executive Order 13132 and have

determined that this rule does not have

implications for federalism under that

Order.

Unfunded Mandates Reform Act

The Unfunded Mandates Reform Act

of 1995 (2 U.S.C. 1531–1538) governs

the issuance of Federal regulations that

require unfunded mandates. An

unfunded mandate is a regulation that

requires a state, local, or tribal

government or the private sector to

incur direct costs without the Federal

Government’s having first provided the

funds to pay those unfunded mandate

costs. This rule will not impose an

unfunded mandate.

Taking of Private Property

This rule will not effect a taking of

private property or otherwise have

taking implications under Executive

Order 12630, Governmental Actions and

Interference with Constitutionally

Protected Property Rights.

Civil Justice Reform

This rule meets applicable standards

in sections 3(a) and 3(b)(2) of Executive

Order 12988, Civil Justice Reform, to

minimize litigation, eliminate

ambiguity, and reduce burden.

Protection of Children

We have analyzed this rule under

Executive Order 13045, Protection of

Children from Environmental Health

Risks and Safety Risks. This rule is not

an economically significant rule and

does not concern an environmental risk

Federal Register / Vol. 65, No. 237 / Friday, December 8, 2000 / Rules and Regulations 76937

to health or risk to safety that may

disproportionately affect children.

Environment

The Coast Guard considered the

environmental impact of this rule and

concluded that under figure 2–1,

paragraph (32)(e), of Commandant

Instruction M16475.lC, this rule is

categorically excluded from further

environmental documentation.

List of Subjects in 33 CFR Part 117

Bridges.

Temporary Regulations for the

reasons discussed 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. Suspend existing temporary

§ 117.261(rr) from November 21, 2000,

through February 28, 2001.

3. From November 21, 2000, through

February 28, 2001, in § 117.261, a new

paragraph (vv) is temporarily added to

read as follows:

§ 117.261 Atlantic Intracoastal Waterway

from St. Marys River to Key Largo.

* * * * *

(vv) West 79th Street Causeway

Drawbridge, mile 1084.6, Miami,

Florida. The draw need open only on

the hour and half-hour, Monday through

Saturday, from 7 a.m. to 6:30 p.m.,

beginning November 21, 2000, through

February 28, 2001, except the draw may

remain closed from 7:30 a.m to 9:30 a.m.

and 4:30 p.m. to 6:30 p.m., Monday

through Friday. The draw will open on

demand during all other periods

including federal holidays and Sundays.

Dated: November 21, 2000.

T.W. Allen,

U.S. Coast Guard, Commander, Seventh Coast

Guard District.

[FR Doc. 00–31095 Filed 12–7–00; 8:45 am]

BILLING CODE 4910–15–P

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Part 1

RIN 2900–AJ49

Outer Burial Receptacles

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

SUMMARY: By statute the Department of

Veterans Affairs (VA) is authorized to

provide a monetary allowance for each

new burial in a VA national cemetery

where a privately-purchased outer

burial receptacle is used in lieu of a

government-furnished graveliner. This

document establishes a mechanism for

implementing these provisions.

DATES: Effective Date: This final rule is

effective December 8, 2000.

Applicability Date: The provisions of

Public Law 104–275 were enacted on

October 9, 1996, and the provisions of

this regulation shall be retroactive to

this date.

FOR FURTHER INFORMATION CONTACT:

Deanna Wilson, Program Analyst,

Communications Management Service

(402B1), National Cemetery

Administration, Department of Veterans

Affairs, 810 Vermont Avenue, NW.,

Washington, DC 20420. Telephone:

202–273–5154 (this is not a toll-free

number).

SUPPLEMENTARY INFORMATION: In a

document published in the Federal

Register on April 18, 2000 (65 FR

20787), we proposed to establish a

mechanism for providing a monetary

allowance for each new burial in a VA

national cemetery where a privatelypurchased outer burial receptacle is

used in lieu of a government-furnished

graveliner.

We provided a 60-day comment

period that ended June 19, 2000. We

received 20 comments. All were in favor

of the proposed rule.

Based on the rationale set forth in the

proposed rule and this document, we

are adopting the provisions of the

proposed rule as a final rule without

change.

Regulatory Flexibility Act

The Secretary certifies that this rule

will not have a significant economic

impact on a substantial number of small

entities as they are defined in the

Regulatory Flexibility Act, 5 U.S.C. 601–

612. The rule will not affect the sale of

outer burial receptacles. Further, the

basic provisions of the rule reflect

statutory requirements. Accordingly,

pursuant to 5 U.S.C. 605(b), the rule is

exempt from the initial and final

regulatory flexibility analyses

requirements of sections 603 and 604.

Catalog of Federal Domestic Assistance

Number for programs affected by this

regulation is 64.201.

List of Subjects in 38 CFR Part 1

Administrative practice and

procedure, Archives and records,

Cemeteries, Claims, Courts, Flags,

Freedom of information, Government

contracts, Government employees,

Government property, Infants and

children, Inventions and patents,

Investigations, Parking, Penalties, Postal

Service, Privacy, Reporting and

recordkeeping requirements, Seals and

insignia, Security measures, wages.

Approved: October 31, 2000.

Hershel W. Gober,

Acting Secretary of Veterans Affairs.

For the reasons set out in the

preamble, 38 CFR part 1 is amended as

follows:

PART 1—GENERAL PROVISIONS

1. The authority citation for part 1

continues to read as follows:

Authority: 38 U.S.C. 501(a), unless

otherwise noted.

2. Section 1.629 is added to read as

follows:

§ 1.629 Monetary allowance in lieu of a

Government-furnished outer burial

receptacle.

(a) Definitions—Outer burial

receptacle. For purposes of this section,

an outer burial receptacle means a

graveliner, burial vault, or other similar

type of container for a casket.

(b) Purpose. This section provides for

payment of a monetary allowance for an

outer burial receptacle for any interment

in a VA national cemetery where a

privately-purchased outer burial

receptacle has been used in lieu of a

Government-furnished graveliner.

(c) Second interments. In burials

where a casket already exists in a grave

with or without a graveliner, placement

of a second casket in an outer burial

receptacle will not be permitted in the

same grave unless the national cemetery

director determines that the already

interred casket will not be damaged.

(d) Payment of monetary allowance.

VA will pay a monetary allowance for

each burial in a VA national cemetery

where a privately-purchased outer

burial receptacle was used on and after

October 9, 1996. For burials on and after

January 1, 2000, the person identified in

records contained in the National

Cemetery Administration Burial

Operations Support System as the

person who privately purchased the

outer burial receptacle will be paid the

monetary allowance. For burials during

the period October 9, 1996 through

December 31, 1999, the allowance will

be paid to the person identified as the

next of kin in records contained in the

National Cemetery Administration

Burial Operations Support System based

on the presumption that such person

privately purchased the outer burial

receptacle (however, if a person who is