9996 Federal Register / Vol. 62, No. 43 / Wednesday, March 5, 1997 / Proposed Rules

received. All comments submitted will

be available for examination in the

Rules Docket both before and after the

closing date for comments. A report

summarizing each substantive public

contact with the FAA personnel

concerned with this rulemaking will be

filed in the docket.

Availability of NPRMs

Any person may obtain a copy of this

Notice of Proposed Rulemaking (NPRM)

by submitting a request to the Office of

the Assistant Chief Counsel, AEA–7,

F.A.A. Eastern Region, Federal Building

#111, John F. Kennedy International

Airport, Jamaica, NY 11430.

Communications must identify the

notice number of this NPRM. Persons

interested in being placed on a mailing

list for future NPRMs should also

request a copy of Advisory Circular No.

11–2A, which describes the application

procedure.

The Proposal

The FAA is considering an

amendment to part 71 of the Federal

Aviation Regulations (14 CFR part 71) to

amend the Class E airspace area at

Olean, NY. A GPS RWY 22 SIAP and a

GPS RWY 4 SIAP has been developed

for the Cattaraugus County-Olean

Airport. Additional controlled airspace

extending upward from 700 feet above

the surface (AGL) is needed to

accommodate this SIAP and for IFR

operations at the airport. Class E

airspace designations for airspace area

extending upward from 700 feet or more

above the surface are published in

Paragraph 6005 of FAA Order 7400.9D,

dated September 4, 1996, and effective

September 16, 1996, which is

incorporated by reference in 14 CFR

71.1. The Class E airspace designation

listed in this document would be

published subsequently in the Order.

The FAA has determined that this

proposed regulation only involves an

established body of technical

regulations for which frequent and

routine amendments are necessary to

keep them operationally current.

Therefore, this proposed regulation—(1)

is not a ‘significant regulatory action’’

under Executive Order 12866; (2) is not

a ‘‘significant rule’’ under DOT

Regulatory Policies and Procedures (44

FR 11034; February 26, 1979); and (3)

does not warrant preparation of a

regulatory evaluation as the anticipated

impact is so minimal. Since this is a

routine matter that would only affect air

traffic procedures and air navigation, it

is certified that this proposed rule

would not have significant economic

impact on a substantial number of small

entities under the criteria of the

Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference,

Navigation (air).

The Proposed Amendment

In consideration of the foregoing, the

Federal Aviation Administration

proposes to amend 14 CFR part 71 as

follows:

PART 71—[AMENDED]

1. The authority citation for part 71

continues to read as follows:

Authority: 49 U.S.C. 106(g), 40103, 40113,

40120; E.O. 10854; 24 FR 9565, 3 CFR, 1959–

1963 Comp., p. 389; 14 CFR 11.69.

2. The incorporation by reference in

14 CFR 71.1 of the Federal Aviation

Administration Order 7400.9D, dated

September 4, 1996, and effective

September 16, 1996, is proposed to be

amended as follows:

Paragraph 6005 Class E airspace areas

extending upward from 700 feet or more

above the surface of the earth.

* * * * *

AEA NY E5 Olean, NY [Revised]

Cattaraugus County-Olean Airport, NY

(lat. 42°14′24′′ N., long. 78°22′18′′ W.)

OLEAN NDB

(lat. 42°17′01′′ N., long. 78°20′06′′ W.)

That airspace extending upward from 700

feet above the surface within a 10.3-mile

radius of Cattaraugus County-Olean Airport

and within 3.1 miles each side of the OLEAN

NDB 032° bearing extending from the 10.3-

mile radius to 10 miles northeast of the NDB.

* * * * *

Issued in Jamaica, New York, on February

21, 1997.

James K. Buckles,

Acting Manager, Air Traffic Division, Eastern

Region.

[FR Doc. 97–5435 Filed 3–4–97; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF DEFENSE

Corps of Engineers; Department of the

Army

33 CFR Part 207

Navigation Regulations

AGENCY: U.S. Army Corps of Engineers,

DoD.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Corps is proposing to

amend the navigation regulations for the

Red River Waterway, Louisiana and the

Yazoo Diversion Canal at Vicksburg,

Mississippi. It is proposed to amend the

Red River Waterway navigation

regulation which prescribe maximum

length, width, and draft of vessel tows

that are allowed to enter the lock

chamber for each lockage. It is proposed

to mend the Yazoo Diversion Canal

navigation regulation that establishes

procedures for mooring of vessels along

the banks. If the proposal is approved

for the Red River Waterway, the

maximum length of allowable vessel

tow that may enter the lock chamber for

each lockage will be increased from 685

feet to 705 feet. The maximum

allowable width and draft of tow

remains the same at 80 feet and 9 feet,

respectively. Increasing the usable tow

length to 705 feet will increase the

efficiency of lock operations by

reducing the number of tow breakups

during a locking operation. If the

proposal is approved for the Yazoo

Diversion Canal, the navigation

regulation would clarify vessel mooring

locations along the canal banks for

various river stages and that fairways

will be established by the Vicksburg

District Engineer. Establishment of

fairways and specifying locations along

the banks that vessels may moor for

various river stages, will control

indiscriminate vessel moorings and

improve navigation safety .

DATES: Comments must be submitted on

or before April 15, 1997.

ADDRESSES: HQUSACE, ATTN: CECW–

OD, Washington, DC 20314–1000.

FOR FURTHER INFORMATION CONTACT:

Mr. Jim Hilton, Dredging and Navigation

Branch (CECW–OD) at (202) 761-8830 or

Mr. Jim Jeffords, Vicksburg District,

Operations Division at (601) 631–5274.

SUPPLEMENTARY INFORMATION: Pursuant

to its authorities in Section 7 of the

Rivers and Harbors Act of 1917 (40 Stat.

266; 33 U.S.C. 1), the Corps proposes to

amend the regulations in 33 CFR Part

207. The Commanding Officer, Lower

Mississippi Valley Division, Vicksburg,

Mississippi has requested an

amendment to the regulations in 33 CFR

207.249(b)(5)(iv) and 33 CFR 207.260 (c)

and (g). The 685 feet maximum tow

length currently allowed in the Red

River Waterway lock chamber is based

on the design vessel tow length.

Increasing the tow length that may

safety enter the lock chamber for each

lockage to 705 feet, will not affect the

safety of either the lock structure or the

tow in the chamber during a filling or

emptying operation, if the tow is

properly secured and positioned. In

addition to the publication of this

proposed rule, the Corps Vicksburg

District Engineer is concurrently

soliciting public comment on these

proposed changes to the Navigation
Federal Register / Vol. 62, No. 43 / Wednesday, March 5, 1997 / Proposed Rules 9997

Regulations by distribution of a public

notice to all known interested parties.

Procedureal Requirements

a. Executive Order 12866

This proposed rule is not a significant

regulatory action under E.O. 12866. The

Corps expects the economic impact of

this rule, if approved, to be so minimal

that further regulatory evaluation is

unnecessary. We have concluded this

because we expect that the proposed

change will benefit the commercial

towing industry.

b. Review Under the Regulatory

Flexibility Act

These proposed rules have been

reviewed under the Regulatory

Flexibility Act (Pub. L. 96–354), which

requires the preparation of a regulatory

flexibility analysis for any regulation

that will have a significant economic

impact on a substantial number of small

entities (i.e., small businesses and small

Governments). The Corps expects that

the economic impact of the change to

the tow length on the Red River

Waterway and mooring locations on the

Yazoo Diversion Canal, would have a

positive affect on the towing industry

and the general public, with no

anticipated navigational safety or

interference with existing waterway

traffic and accordingly, certifies that this

proposal, if adopted, will have no

significant economic impact on small

entities.

c. Review Under the National

Environmental Policy Act

An environmental assessment has

been prepared for this action. We have

concluded, based on the Red River

Waterway increase in tow length and

Yazoo Diversion Canal mooring

locations, there will not be a significant

impact to the human environment, and

preparation of an environmental impact

statement is not required. The

environmental assessment may be

reviewed at the Corps Vicksburg District

Office, in room 129, Regulatory Branch,

located at 4155 E. Clay Street,

Vicksburg, Mississippi.

d. Collection of information

This proposed rule contains no

collection of information under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

e. Federalism

The Corps has analyze this proposed

rule under principles and criteria in

E.O. 12612 and has determined that this

proposed rule does not have sufficient

federalism implications to warrant

preparation of a Federalism Assessment.

f. Unfunded Mandates Act

This proposed rule does not impose

an enforceable duty among the private

sector and therefore, is not a Federal

private sector mandate and is not

subject to the requirements of Section

202 or 205 of the Unfunded Mandates

Act. We have also found, under Section

203 of the Act, that small Governments

will not be significantly and uniquely

affected by this rulemaking.

List of Subjects in 33 CFR Part 207

Navigation (water), Transportation,

and Lockage.

For the reasons set out in the

preamble, we propose to amend 33 CFR

Part 207, as follows:

PART 207—NAVIGATION

REGULATIONS

The authority citation for Part 207

continues to read as follows:

Authority: 40 Stat. 266 (33 U.S.C. 1).

2. Section 207.249 is amended by

revising paragraphs (b)(5)(iv) to read as

follows:

§ 207.249 Ouachita and Black Rivers, Ark,

and La. Mile 0.0 to Mile 338.0 (Camden, Ark.)

above the mouth of the Black River; the Red

River, La., Mile 6.7 (Junction of Red,

Atchafalaya and Old Rivers) to Mile 228.0

(Shreveport, La.); use, administration, and

navigation.

(b) * * *

(5) * * *

(iv) The maximum dimensions on the

Red River Waterway of a vessel tow

attempting to pass through the lock

during normal pool stages in a single

passage are 80 feet wide, 705 feet long,

and 9 feet draft. Tows requiring

breaking into two or more sections to

pass through the lock may transit the

lock at such time as the lockmaster/lock

operator determines that they will

neither unduly delay the transit of craft

of lesser dimensions, nor endanger the

lock structure and appurtenances

because of wind, current, and other

adverse conditions. These craft are also

subject to such special handling

requirements as the lockmaster/lock

operator finds necessary at the time of

transit.

* * * * *

3. Section 207.260 is amended by

revising paragraphs (c) and (g) to read as

follows:

§ 207.260 Yazoo Diversion Canal,

Vicksburg, Miss., from its mouth to the

entrance of the upper Vicksburg Harbor

Extension.

* * * * *

(c) Mooring. No vessel or raft shall be

moored along the west bank of the canal

between points Latitude 32°21′22′′,

Longitude 90°53′02′′ and Latitude

32°20′48′′, Longitude 90°53′22′′, which

is approximately 2000 feet above and

2000 feet below the public boat launch

(foot of Clay Street) at Vicksburg City

Front. No vessel or raft shall be moored

along the west bank of the canal at any

stage from the mouth of the Yazoo

Diversion Canal where it enter into the

Mississippi River to Latitude 32°20′21′′,

Longitude 90°53′44′′ which is

approximately 1200 feet from the

mouth. At stages below 20 on the

Vicksburg gage, no vessel or raft shall be

moored along the east bank of the canal

from the mouth of the Yazoo Diversion

Canal where it enters into the

Mississippi River to Latitude 32°20′12′′,

Longitude 90°53′41′′, which is

approximately 750 feet from the mouth.

When tied up, boats, barges, or rafts

shall be moored by bow and stern lines

parallel to the bank and as close in as

practicable. Lines shall be secured at

sufficiently close intervals to insure the

vessel or raft will not be drawn away

from the bank by winds, current, or

other passing vessels. No vessel or raft

shall be moored along the banks of the

canal for a period longer than five (5)

days without written permission from

the District Engineer, Corps of

Engineers, Vicksburg District Office,

4155 E. Clay St, Vicksburg, Mississippi

39180–3435.

* * * * *

(g) Fairway. A clear channel not less

than 175 feet wide as established by the

District Engineer shall be left open at all

times to permit free and unobstructed

navigation by all types of vessels.

Dated: February 19, 1997.

John P. D’Aniello,

Deputy Director of Civil Works.

[FR Doc. 97–5048 Filed 3–4–97; 8:45 am]

BILLING CODE 3710–92–M

PANAMA CANAL COMMISSION

35 CFR Part 103

RIN 3207–AA40

Preference in the Transit Schedule/

Order of Transiting Vessels;

Passenger Steamers Given Preference

in Transiting

AGENCY: Panama Canal Commission.

ACTION: Notice of proposed rule with

request for comments.

SUMMARY: This document proposes a

test of a revised vessel transit

reservation system. The proposed rule

incorporates certain new features,

including increasing the number of