Federal Register / Vol. 62, No. 45 / Friday, March 7, 1997 / Rules and Regulations 10453

List of Substances Limitations

* * * * * * *

Perfluoroalkyl substituted phosphate ester acids, ammonium salts

formed by the reaction of 2,2-bis[(γ,ω-perfluoroC4-20alkylthio)methyl]-

1,3-propanediol, polyphosphoric acid and ammonium hydroxide.

For use only as an oil and water repellant at a level not to exceed 0.44

percent perfluoroalkyl actives by weight of the finished paper and paperboard in contact with non-alcoholic foods under condition of use

H as described in Table 2 of paragraph (c) of this section; and in

contact with food of types III, IV–A, V, VII–A, and IX described in

Table 1 of paragraph (c) of this section under conditions of use C

through G as described in Table 2 of paragraph (c) of this section.

* * * * * * *

* * * * *

Dated: February 7, 1997.

Fred R. Shank,

Director, Center for Food Safety and Applied

Nutrition.

[FR Doc. 97–5558 Filed 3–6–97; 8:45 am]

BILLING CODE 4160–01–F

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD08–97–005]

RIN 2115–AE47

Drawbridge Operation Regulation;

Inner Harbor Navigation Canal, LA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

temporarily changing the regulation for

the operation of the L&N Railroad/Old

Gentilly Road bascule span drawbridge

across the Inner Harbor Navigation

Canal, mile 3.4 in New Orleans, Orleans

Parish, Louisiana, to authorize it to

remain closed to navigation between the

hours of 8 a.m. and noon and between

the hours of 1 p.m. and 5 p.m. daily,

from March 6, 1997 through May 19,

1997. This action is necessary for the

fender system to be repaired and

portions of it replaced.

DATES: This temporary final rule is

effective beginning at 8 a.m. on March

6, 1997 and ending at 5 p.m. on May 19,

1997.

ADDRESSES: Unless otherwise indicated,

documents referred to in this preamble

are available for inspection or copying

at the office of the Eighth Coast Guard

District, Bridge Administration Branch,

Hale Boggs Federal Building, room

1313, 501 Magazine Street, New

Orleans, Louisiana 70130–3396 between

7 a.m. and 4 p.m., Monday through

Friday, except Federal holidays. The

telephone number is (504) 589–2965.

Eighth Coast Guard District Bridge

Administration Branch maintains the

public docket for this temporary final

rule.

FOR FURTHER INFORMATION CONTACT:

Phil Johnson, Bridge Administration

Branch, at the address given above,

telephone (504) 589–2965.

SUPPLEMENTARY INFORMATION:

Drafting Information: The principal

persons involved in drafting this regulation

are Phil Johnson, Project Manager, Eighth

Coast Guard District Bridge Administration

Branch, and Lieutenant Commander Jim

Wilson, Project Attorney, Eighth Coast Guard

District Legal Office.

Discussion of Rule

Notice of this repair was not provided

in time to issue a notice of proposed

rulemaking. Unsafe condition of the

bridge fender system warrants the

closures so that remedial work can be

accomplished. For the same reason,

good cause exists to make this

temporary rule effective in less than 30

days after publication.

The L&N Railroad/Old Gentilly Road

bascule span drawbridge across the

Inner Harbor Navigation Canal, mile 3.4

in New Orleans, has a vertical clearance

of one foot above high tide in the closed

to navigation position. The horizontal

clearance of the bridge is only 93 feet.

A crane barge will be required to occupy

the majority of this very narrow channel

in order to reconstruct the fender

system. The Coast Guard is temporarily

changing the regulation for the

operation of the L&N Railroad/Old

Gentilly Road bascule span drawbridge

across the Inner Harbor Navigation

Canal, mile 3.4 in New Orleans, Orleans

Parish, Louisiana, to authorize it to

remain closed to navigation between the

hours of 8 a.m. and noon and between

the hours of 1 p.m. and 5 p.m. daily,

from March 6, 1997 through May 19,

1997.

This action is necessary for the fender

system to be repaired and portions of it

replaced. The barged and related

equipment will be removed from the

channel from noon until 1 p.m. and

from 5 p.m. until 8 a.m. daily at which

time the bridge may be opened to pass

marine traffic.

Navigation on the waterway consists

of tugs with tows, including crane

barges, jack-up boats, oil industry crew

vessels, fishing vessels, sailing vessels

and other recreational craft. The fender

system of the bridge has sustained

considerable damage from numerous

vessel strikes, compromising its ability

to protect the bridge. It must be

rehabilitated for the safety of rail as well

as for vehicular traffic.

The Port of New Orleans has

requested this temporary final rule so

that the fender system can be repaired

and portions of it replaced. The short

term inconvenience, attributable to a

delay of vessel traffic for a maximum of

four hours, is outweighed by the longterm benefits to be gained in the interest

of safety.

Regulatory Evaluation

This temporary final rule is not a

significant regulatory action under

section 3(f) of Executive Order 12866

and does not require an assessment of

potential cost 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

temporary final rule to be so minimal

that a full Regulatory Evaluation under

paragraph 10e of the regulatory policies

and procedures of DOT is unnecessary.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.), the Coast Guard

must consider whether this temporary

final rule will have a significant

economic impact on a substantial

number of small entities. ‘‘Small
10454 Federal Register / Vol. 62, No. 45 / Friday, March 7, 1997 / Rules and Regulations

entities’’ may include (1) small

businesses and not-for-profit

organizations that are independently

owned and operated and are not

dominant in their fields and (2)

governmental jurisdictions with

populations of less than 50,000.

The Coast Guard certifies under 5

U.S.C. 605(b) that this temporary final

rule will not have a significant

economic impact on a substantial

number of small entities.

Collection of Information

This temporary final rule contains no

collection-of-information requirements

under the Paperwork Reduction Act (44

U.S.C. 3501 et seq.).

Federalism

The Coast Guard has analyzed this

proposal in accordance with the

principles and criteria contained in

Executive Order 12612 and it has been

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 paragraph 2.B.g(5)

of Commandant Instruction M16475.1B,

this temporary final rule is categorically

excluded from further environmental

documentation. A ‘‘Categorical

Exclusion Determination’’ is available in

the docket for inspection or copying

where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 117

Bridges.

Regulation

For the reasons set out in the

preamble, the Coast Guard is amending

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;

AND 33 CFR 1.05–1(g); section 117.255 also

issued under the authority of Pub. 102–587,

106 Stat. 5039.

§ 117.458 [Amended]

2. Effective March 6, 1997 through

May 19, 1997, § 117.458 is amended by

adding a new paragraph (c) to read as

follows:

§ 117.458 Inner Harbor Navigation Canal,

New Orleans.

* * * * *

(c) The draw of the L&N Railroad/Old

Gentilly Road bascule span drawbridge

across the Inner Harbor Navigation

Canal, mile 3.4 shall open on signal;

except that between the hours of 8 a.m.

and noon and between the hours of 1

p.m. and 5 p.m. daily, from March 6,

1997 through May 19, 1997, the draw

need not open for the passage of vessels.

Dated: February 27, 1997.

T. W. Josiah,

Rear Admiral, U.S. Coast Guard Commander,

Eighth Coast Guard District.

[FR Doc. 97–5832 Filed 3–5–97; 1:31 pm]

BILLING CODE 4910–14–M

DEPARTMENT OF DEFENSE

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Part 21

RIN 2900–AI53

Veterans Education: Increased

Allowances for the Educational

Assistance Test Program

AGENCIES: Department of Defense and

Department of Veterans Affairs.

ACTION: Final rule.

SUMMARY: The law provides that rates of

subsistence allowance and educational

assistance payable under the

Educational Assistance Test Program

shall be adjusted annually by the

Secretary of Defense based upon the

average actual cost of attendance at

public institutions of higher education

in the 12-month period since the rates

were last adjusted. After consultation

with the Department of Education, the

Department of Defense has concluded

that the rates for the 1996–97 academic

year should be increased by 6% over the

rates payable for the 1995–96 academic

year. The regulations dealing with these

rates are amended accordingly.

EFFECTIVE DATE: March 7, 1997.

FOR FURTHER INFORMATION CONTACT: June

C. Schaeffer, Assistant Director for

Policy and Program Administration,

Education Service, Veterans Benefits

Administration, Department of Veterans

Affairs, 810 Vermont Avenue, NW,

Washington, DC 20420, 202–273–7187.

SUPPLEMENTARY INFORMATION: The law

(10 U.S.C. 2145) provides that the

Secretary of Defense shall adjust the

amount of educational assistance which

may be provided in any academic year

under the Educational Assistance Test

Program, and the amount of subsistence

allowance authorized under that

program. The adjustment is to be based

upon the 12-month increase in the

average actual cost of attendance at

public institutions of higher education.

As required by law, the Department of

Defense has consulted with the

Department of Education. The

Department of Defense has concluded

that these costs increased by 6% in the

1995–96 academic year. Accordingly,

this revision changes 38 CFR 21.5820

and 21.5822 to reflect a 6% increase in

the rates payable in the 1996–97

academic year.

Pursuant to 5 U.S.C. 553 there is good

cause for finding that notice and public

procedure are impractical, unnecessary,

and contrary to the public interest and

there is good cause for dispensing with

a 30-day delay of the effective date. The

rates of subsistence allowance and

educational assistance payable under

the Educational Assistance Test

Program are determined based on a

statutory formula and, in essence, the

calculation of rates merely constitutes a

non-discretionary ministerial act.

The Secretary of Veterans Affairs and

the Secretary of Defense have certified

that this final 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. This

final rule directly affects only

individuals and does not directly affect

small entities. Pursuant to 5 U.S.C.

605(b), this final rule, therefore, is

exempt from the initial and final

regulatory flexibility analyses

requirements of sections 603 and 604.

There is no Catalog of Federal

Domestic Assistance number for the

program affected by these regulations.

List of Subjects in 38 CFR Part 21

Administrative practice and

procedure, Armed forces, Civil rights,

Claims, Colleges and universities,

Conflict of interests, Defense

Department, Education, Employment,

Grant programs-education, Grant

programs-veterans, Loan programseducation, Loan programs-veterans,

Manpower training programs, Reporting

and recordkeeping requirements,

Schools, Travel and transportation

expenses, Veterans, Vocational

education, Vocational rehabilitation.

Approved: December 18, 1996.

Jesse Brown,

Secretary of Veterans Affairs.

Approved: February 14, 1997.

Normand G. Lezy,

Lieutenant General, USAF, Deputy Assistant

Secretary (Military Personnel Policy)

Department of Defense.

For the reasons set out above, 38 CFR

part 21 (subpart H) is amended as set

forth below.