Federal Register / Vol. 62, No. 59 / Thursday, March 27, 1997 / Rules and Regulations 14637

and benefits under section 6(a)(3) of that

order. It has been exempted from review

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 10e of the

regulatory policies and procedure 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 proposal

will have a significant economic impact

on a substantial number of small

entities. ‘‘Small Entities’’ include

independently owned and operated

businesses that are not dominant in

their field and that otherwise qualify as

‘‘small business concerns’’ under

section 3 of the Small Business Act (15

U.S.C. 632).

The Coast Guard certifies under

section 605(b) of the Regulatory

Flexibility Act (5 U.S.C. 601 et seq.) that

this rule will not have a significant

economic impact on a substantial

number of small entities because the

regulations will only affect larger

vessels for three nights in a limited area.

Collection of Information

This 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

rule under the principles and criteria

contained in Executive Order 12612 and

has 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.2(34)(g) of Commandant Instruction

M16475.1B, this rule is categorically

excluded from further environmental

documentation. An environmental

analysis checklist and categorical

exclusion determination have been

completed and have been filed in the

rulemaking docket.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and recordkeeping

requirements, Security measures,

Waterways.

Safety Zone Regulation

In consideration of the foregoing, the

Coast Guard amends 33 CFR Part 165 as

follows:

PART 165—[AMENDED]

1. The authority citation for Part 165

continues to read as follows:

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

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

160.5; and 49 CFR 1.46.

2. A new temporary § 165.T07–009 is

added to read as follows:

§ 165.T07–009 Safety Zone; Government

Cut, Miami, Florida

(a) Location. The following area is a

Safety Zone: Waters within Government

Cut channel west of buoy #14 and east

of buoy #16.

(b) Regulations. In accordance with

the general regulations in § 165.23 of

this part, entry into this zone by vessels

280 feet in length or larger is prohibited

except as authorized by the Captain of

the Port. 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

becomes effective from 6 p.m. on March

18, 1997 to 6 a.m. on March 19, 1997,

and again from 6 p.m. on March 25,

1997 to 6 a.m. on March 26, 1997, and

again from 6 p.m. on April 1, 1997 to

6 a.m. on April 2, 1997.

Dated: March 13, 1997.

D.F. Miller,

Captain, U.S. Coast Guard, Captain of the

Port Miami.

[FR Doc. 97–7732 Filed 3–26–97; 8:45 am]

BILLING CODE 4910–14–M

33 CFR Part 165

[CCGD08–97–008]

RIN 2115–AE84

Regulated Navigation Area

Regulations; Lower Mississippi River

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary regulated

navigation area in the Lower Mississippi

River from Vicksburg, MS to Mile 88

above Head of Passes on the Mississippi

River. The regulated navigation area is

needed to protect vessels, bridges,

shoreside facilities and the public from

a safety hazard created by high water

and resulting flooding along the Lower

Mississippi River. Downbound barge

traffic is prohibited unless it is in

compliance with this regulation.

EFFECTIVE DATES: This regulation is

effective from 8:30 p.m. on March 18,

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 velocities of river currents on the

Lower Mississippi River are

approaching an all time high. Several

very recent vessel allisions with bridges

have been caused by strong currents and

eddies resulting from these flood

conditions on the Lower Mississippi

River. Consequently, the Commander,

Eighth Coast Guard District has

identified a need to place horsepower

and other operating restrictions on tow

boats downbound on the Mississippi

River to assure adequate safe power for

navigation. This emergency Temporary

Regulated Navigation Area extends from

one mile above the Interstate 20

Highway Bridge at Vicksburg,

Mississippi (Lower Mississippi River

Mile 437), to Algiers Cutoff Canal at

Mile 88 above Head of Passes.

Downbound tows 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 a 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.
14638 Federal Register / Vol. 62, No. 59 / Thursday, March 27, 1997 / Rules and Regulations

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 the

public interest because immediate

action is necessary to prevent

downbound towing vessels from

alliding with bridges and shoreside

structures, and colliding with other

vessels, causing danger to the public.

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 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 jurisdictional with

populations of less than 50,000. Small

entities in this case could include small

towing companies who may be affected

by this rule. Although this rule places

nighttime restrictions for tows transiting

the Baton Rouge Railroad and Highway

Bridge, these restrictions are limited to

tows of 20 or 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 a the

preamble the Coast Guard amends 33

CFR part 165 as follows:

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. A new temporary § 165.T08–001 is

added to read as follows:

§ 165.T08–001 Regulated Navigation Area;

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

Mile 88 above Head of Passes.

(b) Regulations:

(1) In accordance with general

regulations in Section § 165.11 of this

part, no downbound towboat with tow

may operate within the regulated

navigation area 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 break 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 standard 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) 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 8:30 p.m. on March 18, 1997

and terminates at 12 p.m. on April 5,

1997.

Dated: March 18, 1997.

Paul J. Prokop,

Captain, U.S. Coast Guard, Commander,

Eighth Coast Guard District, Acting.

[FR Doc. 97–7731 Filed 3–26–97; 8:45 am]

BILLING CODE 4910–14–M

DEPARTMENT OF EDUCATION

34 CFR Parts 75, 206, 231, 235, 369,

371, 373, 375, 376, 378, 380, 381, 385,

386, 387, 388, 389, 390, 396, 610, 612,

and 630

Direct Grant Programs

AGENCY: Department of Education.

ACTION: Notice of interpretation for

fiscal year 1997 grant competitions.

SUMMARY: The Secretary interprets and

clarifies the applicability to fiscal year

1997 grant competitions of final

regulations amending the Education

Department General Administrative

Regulations (EDGAR) governing

discretionary grant programs. The

Secretary takes this action to explain the

limited circumstances under which a

program may use the selection criteria

formerly available under EDGAR.

EFFECTIVE DATE: March 27, 1997.

FOR FURTHER INFORMATION CONTACT:

Margo Anderson, U.S. Department of