15398 Federal Register / Vol. 62, No. 62 / Tuesday, April 1, 1997 / Rules and Regulations

preventive maintenance projects which

include very minor or no roadway work.

Formal findings of applicability are

expected only as needed to resolve

controversies.

(f) Exceptions. (1) Approval within

the delegated authority provided by

FHWA Order M1100.1A may be given

on a project basis to designs which do

not conform to the minimum criteria as

set forth in the standards, policies, and

standard specifications for:

(i) Experimental features on projects;

and

(ii) Projects where conditions warrant

that exceptions be made.

(2) The determination to approve a

project design that does not conform to

the minimum criteria is to be made only

after due consideration is given to all

project conditions such as maximum

service and safety benefits for the dollar

invested, compatibility with adjacent

sections of roadway and the probable

time before reconstruction of the section

due to increased traffic demands or

changed conditions.

§ 625.4 Standards, policies, and standard

specifications.

The documents listed in this section

are incorporated by reference with the

approval of the Director of the Federal

Register in accordance with 5 U.S.C.

552(a) and 1 CFR part 51 and are on file

at the Office of the Federal Register in

Washington, DC. They are available as

noted in paragraph (d) of this section.

The other CFR references listed in this

section are included for cross-reference

purposes only.

(a) Roadway and appurtenances. (1) A

Policy on Geometric Design of

Highways and Streets, AASHTO 1994.

[See § 625.4(d)(1)]

(2) A Policy on Design Standards—

Interstate System, AASHTO 1991. [See

§ 625.4(d)(1)]

(3) The geometric design standards for

resurfacing, restoration, and

rehabilitation (RRR) projects on NHS

highways other than freeways shall be

the procedures and the design or design

criteria established for individual

projects, groups of projects, or all

nonfreeway RRR projects in a State, and

as approved by the FHWA. The other

geometric design standards in this

section do not apply to RRR projects on

NHS highways other than freeways,

except as adopted on an individual

State basis. The RRR design standards

shall reflect the consideration of the

traffic, safety, economic, physical,

community, and environmental needs of

the projects.

(4) Erosion and Sediment Control on

Highway Construction Projects, refer to

23 CFR part 650, subpart B.

(5) Location and Hydraulic Design of

Encroachments on Flood Plains, refer to

23 CFR part 650, subpart A.

(6) Procedures for Abatement of

Highway Traffic Noise and Construction

Noise, refer to 23 CFR part 772.

(7) Accommodation of Utilities, refer

to 23 CFR part 645, subpart B.

(8) Pavement Design, refer to 23 CFR

part 626.

(b) Bridges and structures. (1)

Standard Specifications for Highway

Bridges, Fifteenth Edition, AASHTO

1992. [See § 625.4(d)(1)]

(2) Interim Specifications—Bridges,

AASHTO 1993. [See § 625.4(d)(1)]

(3) Interim Specifications—Bridges,

AASHTO 1994. [See § 625.4(d)(1)]

(4) Interim Specifications—Bridges,

AASHTO 1995. [See § 625.4(d)(1)]

(5) AASHTO LRFD Bridge Design

Specifications, First Edition, AASHTO

1994 (U.S. Units). [See § 625.4(d)(1)]

(6) AASHTO LRFD Bridge Design

Specifications, First Edition, AASHTO

1994 (SI Units). [See § 625.4(d)(1)]

(7) Standard Specifications for

Movable Highway Bridges, AASHTO

1988. [See § 625.4(d)(1)]

(8) Bridge Welding Code, ANSI/

AASHTO/AWS D1.5–95, AASHTO. [See

§ 625.4(d) (1) and (2)]

(9) Structural Welding Code—

Reinforcing Steel, ANSI/AWS D1.4–92,

1992. [See § 625.4(d)(2)]

(10) Standard Specifications for

Structural Supports for Highway Signs,

Luminaires and Traffic Signals,

AASHTO 1994. [See § 625.4(d)(1)]

(11) Navigational Clearances for

Bridges, refer to 23 CFR part 650,

subpart H.

(c) Materials. (1) General Materials

Requirements, refer to 23 CFR part 635,

subpart D.

(2) Standard Specifications for

Transportation Materials and Methods

of Sampling and Testing, parts I and II,

AASHTO 1995. [See § 625.4(d)(1)]

(3) Sampling and Testing of Materials

and Construction, refer to 23 CFR part

637, subpart B.

(d) Availability of documents

incorporated by reference. The

documents listed in § 625.4 are

incorporated by reference and are on file

and available for inspection at the Office

of the Federal Register, 800 North

Capitol Street, NW., Suite 700,

Washington, DC. These documents may

also be reviewed at the Department of

Transportation Library, 400 Seventh

Street, SW., Washington, DC, in Room

2200. These documents are also

available for inspection and copying as

provided in 49 CFR part 7, appendix D.

Copies of these documents may be

obtained from the following

organizations:

(1) American Association of State

Highway and Transportation Officials

(AASHTO), Suite 249, 444 North

Capitol Street, NW., Washington, DC

20001.

(2) American Welding Society (AWS),

2501 Northwest Seventh Street, Miami,

FL 33125.

[FR Doc. 97–8197 Filed 3–31–97; 8:45 am]

BILLING CODE 4910–22–P

Coast Guard

33 CFR Part 165

[CGD08–97–008]

RIN 2115–AE84

Amendment to Regulated Navigation

Area Regulations; Lower Mississippi

River

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: On March 18, 1997, the Coast

Guard established a temporary regulated

navigation area affecting the operation

of downbound tows in the Lower

Mississippi River from mile 347 at

Vicksburg, MS to mile 88 above Head of

Passes. This amendment extends the

southern limit of the regulated

navigation area to the boundary of the

territorial sea at the approaches to South

West Pass and includes regulations

affecting the operation of self-propelled

vessels of 1600 gross tons or greater. The

regulated navigation area is needed to

protect vessels, bridges, shore-side

facilities and the public from a safety

hazard created by high water and

resulting flooding along the Lower

Mississippi River. Downbound barge

traffic and the transitting of selfpropelled vessels of 1600 or more gross

tons are prohibited unless they are in

compliance with this regulation.

DATES: This amended regulation is

effective from 10:00 a.m. on March 21,

1997 and terminates at 12 p.m. on April

5, 1997.

FOR FURTHER INFORMATION CONTACT:

CDR Harvey R. Dexter, Marine Safety

Division, USCG Eighth District at New

Orleans, LA (504) 589–6271.

SUPPLEMENTARY INFORMATION:

Background and Purpose

The velocity of river currents on the

Lower Mississippi River are

approaching an all time high. Several

recent vessel allisions with bridges and

barge breakaways have been caused by

strong currents and eddies resulting

from flood conditions on the Lower

Mississippi River. Consequently, the
Federal Register / Vol. 62, No. 62 / Tuesday, April 1, 1997 / Rules and Regulations 15399

Commander, Eighth Coast Guard

District has identified a need to place

operating restrictions in regard to tows

downbound on the Mississippi River to

assure adequate safe power for

navigation, and additional operating

requirements on self-propelled vessels

of 1600 or more gross tons operating

anywhere within the Regulated

Navigation Area (RNA). This amended

emergency Temporary Regulated

Navigation Area extends from one mile

above the Interstate 20 Highway Bridge

at Vicksburg, Mississippi (Lower

Mississippi River mile 437), to the

boundary of the territorial sea at the

approaches to South West Pass.

Downbound tows operating from the

northern boundary of this RNA to mile

88 above Head of Passes shall be

restricted as follows:

(a) Tow boats with a brake

horsepower of 7,400 (7,400 bhp) and

greater shall be limited to a 25 barge

tow.

(b) Tow boats with brake horsepower

of 6,000 (6,000 bhp), but less than 7,400

bhp, shall be limited to a 20 barge tow.

(c) For all other tows the following

minimum brake horsepower

requirements apply:

1. Loaded standard size dry cargo

barges (195′ by 35′) traveling

southbound: 300 brake horsepower per

barge minimum.

2. For all other loaded dry cargo

barges and all loaded liquid barges

southbound: one brake horsepower

minimum for each 5 deadweight tons of

cargo.

3. For tows consisting of empty

standard size dry cargo barges traveling

southbound at Algiers Point: 200 brake

horsepower per barge.

4. For tows containing mixed empty

and loaded barges, the higher, loaded,

brake horsepower standard applies (300

brake horsepower).

(d) For tows of 20 barges or larger,

downbound transit through the Baton

Rouge Railroad and Highway Bridge,

also known as the Highway 190 Bridge,

is restricted to daylight only.

All self-propelled vessels to which 33

Code of Federal Regulations § 164

applies, shall comply with the

following:

(a) Masters shall review the

requirements of 33 CFR § 164.25

pertaining to ‘‘Tests Before Entering or

Getting Underway.’’

(b) The engine room shall be manned

at all times when underway in the RNA.

(c) Prior to entering the RNA or

getting underway within the RNA, the

master of each vessel shall report to the

ship’s agent that the regulations at 33

CFR 164.25 have been reviewed, are

understood, and the vessel is in

compliance with the regulation.

(d) As part of the master’s report, the

chief engineer shall also certify that the

following additional operating

conditions will be satisfied so long as

the vessel is underway within the RNA:

1. If the vessel has an automated main

propulsion plant, it will be operated in

manual mode and will be prepared to

answer maneuvering commands

immediately.

2. The vessel shall immediately

provide maximum ahead or astern

power when so ordered by the bridge.

3. The main propulsion plant shall, in

all respects, be ready for operations in

the RNA including the main propulsion

air start systems, fuel systems, lube oil

systems, cooling systems, and

automation systems.

4. The master shall also certify that

the gyrocompass is properly operating

and calibrated.

In accordance with 5 U.S.C. 553, a

notice of proposed rulemaking was not

published for this regulation and good

cause exists for making it effective in

less than 30 days after Federal Register

publication. Publication of notice of

proposed rulemaking and delay of

effective date would be contrary to

public interest because immediate

action is necessary to ensure selfpropelled vessels are capable of

operating safely in the increased

currents present on the river and

prevent downbound towing vessels

from alliding with bridges and shoreside structures, and colliding with other

vessels, causing danger to the public.

Regulation 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 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 rule to be so

minimal that a full Regulatory

Evaluation under paragraph 10(e) 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 rule, if

adopted, will have a significant

economic impact on a substantial

number of small entities. ‘‘Small

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. Small

entities in this case would not include

a significant number of company

operating vessels of 1600 gross tons or

greater due to the nature and cost of

operating vessels of this size. However,

it could include small towing

companies that may be affected by this

rule. Although this rule places night

time restrictions for tows transiting the

Baton Rouge Railroad and Highway

Bridge, these restrictions are limited to

tows of 20 ore more barges and

operators may reduce the size of their

tows to transit those areas. No other

restrictions on transit are imposed so

long as the horsepower requirements are

met. These horsepower requirements are

consistent with accepted industry

practice and the actions of a prudent

mariner under the circumstances. This

rule is deemed to not have a substantial

economic impact.

Collection of Information

This rule contains no collection-ofinformation requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

Federalism Implications

This action has been analyzed in

accordance with the principles and

criteria contained in Executive Order

12612, and it has been determined that

the proposed rulemaking does not have

sufficient federalism implications to

warrant the preparation of a Federalism

Assessment.

Environmental Assessment

The Coast Guard considered the

environmental impact of this proposal

and concluded that under paragraph

2.B.2.(g)(5) of Commandant Instruction

M16475.1B, this proposal 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 165

Harbors, Marine safety, Navigation

(waters), Reporting and recordkeeping

requirements, Safety measures, and

Waterways.

Final Regulations

For the reasons set out in the

preamble, the Coast Guard amends 33

CFR part 165 as follows:
15400 Federal Register / Vol. 62, No. 62 / Tuesday, April 1, 1997 / Rules and Regulations

1. The authority citation for part 165

continues to read as follows:

Authority: 33 U.S.C. 1231; 50 U.S.C. 191,

33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5;

46 CFR 1.46.

2. § 165.T08–001 is revised to read as

follows:

§ 165.T08–001. Regulated Navigation Area;

Lower Mississippi River.

(a) Location: The following area is a

regulated navigation area: All waters of

the Mississippi River from one mile

above the Interstate 20 Highway Bridge

at Vicksburg, MS (Lower Mississippi

River Mile 437) to the boundary of the

territorial sea at the approaches to South

West Pass.

(b) Regulations:

(1) In accordance with general

regulations in Section § 165.11 of this

part, no downbound tows may operate

within the Regulated Navigation Area

(RNA) contrary to this regulation.

(2) Tow boats with a brake

horsepower of 7,400 (7,400 bhp) and

greater shall be limited to a 25 barge

tow.

(3) Tow boats with a brake

horsepower of 6,000 (6,000 bhp), but

less than 7,400 bhp shall be limited to

a 20 barge tow.

(4) For all other tows the following

minimum brake horsepower

requirements apply:

(i) Loaded standard size dry cargo

barges (195′ by 35′) traveling

southbound: 300 brake horsepower per

barge minimum.

(ii) For other loaded dry cargo barges

and all loaded liquid barges

southbound: one brake horsepower

minimum for each 5 deadweight tons of

cargo.

(iii) For tows consisting of empty

standard size dry cargo barges traveling

southbound at Algiers Point: 200 brake

horsepower per barge.

(iv) For tows containing mixed empty

and loaded barges, the higher, loaded,

brake horsepower standards apply (300

brake horsepower).

(5) For tows of 20 barges or larger,

downbound transit through the Baton

Rouge Railroad and Highway Bridge,

also known as the Highway 190 Bridge,

is restricted to daylight only.

(6) All self-propelled vessels to which

the regulations at 33 CFR part 164

apply, shall comply with the following:

(i) Masters shall review the

requirements of 33 CFR § 164.25

pertaining to ‘‘Tests Before Entering or

Getting Underway.’’

(ii) The engine room shall be manned

at all times while underway in the RNA.

(iii) Prior to entering or getting

underway in the RNA, the master of

each vessel shall report to the ship’s

agent that 33 CFR part 164 has been

reviewed, the requirements are

understood, and his vessel is in

compliance with the regulation.

(iv) The master shall also report that

the chief engineer has certified that the

following additional operating

conditions will be satisfied so long as

the vessel is underway within the RNA:

(A) If the vessel has an automated

main propulsion plant, it shall be

operated in manual mode and will be

prepared to answer maneuvering

commands immediately.

(B) The vessel shall immediately

provide maximum ahead or astern

power when so ordered by the bridge.

(C) The main propulsion plant shall

in all respects be ready for operations in

the regulated navigation area including

the main propulsion air start systems,

fuel systems, lube oil systems, cooling

systems, and automation systems.

(v) The master shall also certify that

the gyrocompass is properly operating

and calibrated.

(7) For vessels subject to this

regulation, Commander, Eighth Coast

Guard District urges that main

propulsion standby systems be placed

on-line or be ready to be placed on-line

immediately.

(8) The Captain of the Port will notify

the public of changes in the status of

this zone by Marine Safety Radio

Broadcast on VHF Marine Band Radio,

Channel 22 (157.1 MHz).

(c) Effective dates: This section is

effective at 10:00 a.m. on March 21,

1997 and terminates at 12 p.m. on April

5, 1997.

Dated: March 21, 1996.

Timothy W. Josiah,

Rear Admiral, U.S. Coast Guard, Commander,

Eighth Coast Guard District.

[FR Doc. 97–8108 Filed 3–31–97; 8:45 am]

BILLING CODE 4910–14–M

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Part 1

RIN 2900–AF29

Reduction of Debt Through the

Performance of Work-Study Services

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

SUMMARY: This document adopts as a

final rule amendments to the general

regulations of the Department of

Veterans Affairs (VA). The amendments

provide that the money payable for

performance of work-study services may

be offset against an individual’s

outstanding debt to the United States

arising from participation in educational

and vocational rehabilitation programs

VA administers. The adoption of this

change helps veterans pay outstanding

debts to the United States.

EFFECTIVE DATES: May 1, 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 Ave., NW,

Washington, DC 20420 (202) 273–7187.

SUPPLEMENTARY INFORMATION: On August

5, 1996, VA published in the Federal

Register (61 FR 40589) a proposed rule

to permit individuals who have an

outstanding debt to the United States

arising from participation in educational

and vocational rehabilitation programs

VA administers to liquidate that debt

through the performance of work-study

services. The public was given 60 days

to submit comments. VA received no

comments.

Accordingly, based on the rationale

set forth in the proposed rule document,

we are adopting the provisions of the

proposed rule as a final rule. For the

purposes of clarity, the organization of

§ 1.929(b) is slightly modified. This final

rule also affirms the information in the

proposed rule document concerning the

Regulatory Flexibility Act.

The Catalog of Federal Domestic

Assistance numbers for the programs

affected by this final rule are 64.116,

64.117, 64.120, and 64.124. This final

rule also affects the Montgomery GI

Bill—Selected Reserve for which there

is no Catalog of Federal Domestic

Assistance number.

List of Subjects in 38 CFR Part 1

Administrative practice and

procedure, Cemeteries, Claims,

Employment, Flags, Freedom of

information, Government contracts,

Government employees, Government

property, Inventions and patents,

Investigations, Privacy, Seals and

insignia.

Approved: December 23, 1996.

Jesse Brown,

Secretary of Veterans Affairs.

For the reasons set out in the

preamble, 38 CFR part 1 is amended as

set forth below.

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.