30160 Federal Register / Vol. 63, No. 106 /Wednesday, June 3, 1998 / Proposed Rules

Paragraph 6005 Class E airspace areas

extending upward from 700 feet or more

above the surface of the earth.

* * * * *

AGL MN E5 Slayton, MN [New]

Slayton Municipal Airport, MN

(lat. 43°59′12′′N, long. 95°46′57′′W)

That airspace extending upward from 700

feet above the surface within a 6.3-mile

radius of Slayton Municipal.

* * * * *

Issued in Des Plaines, Illinois on May 20,

1998.

Maureen Woods,

Manager, Air Traffic Division.

[FR Doc. 98–14755 Filed 6–2–98; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Food and Drug Administration

21 CFR Parts 70, 73, 74, 80, 81, 82, 101,

178, 201, and 701

[Docket Nos. 79N–0043 and 92N–0334]

Permanent Listing of Color Additive

Lakes; Additions to the Administrative

Record; Reopening of Comment

Period

AGENCY: Food and Drug Administration,

HHS.

ACTION: Proposed rule; reopening of

comment period.

SUMMARY: The Food and Drug

Administration (FDA) is announcing the

availability of certain documents that

are being added to the administrative

record for the agency’s proposal to

permanently list certain color additive

lakes as suitable and safe for use in

foods, drugs, and cosmetics. The

proposal was published in the Federal

Register of March 4, 1996 (61 FR 8372).

The documents being added to the

administrative record pertain to a

modified in situ manufacturing process

for D&C Red No. 34 lakes. FDA is also

reopening the comment period for this

proposal until July 6, 1998, for the sole

purpose of providing an opportunity for

public comment on these documents.

DATES: Written comments by July 6,

1998.

ADDRESSES: Submit written comments

and requests for single copies of the

documents added to the administrative

record and comments to the Dockets

Management Branch (HFA–305), Food

and Drug Administration, 12420

Parklawn Dr., rm. 1–23, Rockville, MD

20857.

FOR FURTHER INFORMATION CONTACT: Julie

N. Barrows, Center for Food Safety and

Applied Nutrition (HFS–105), Food and

Drug Administration, 200 C St. SW.,

Washington, DC 20204, 202–205–4662.

SUPPLEMENTARY INFORMATION: In the

Federal Register of March 4, 1996 (61

FR 8372), FDA published a proposal to

permanently list certain color additive

lakes as suitable and safe for use in

foods, drugs, and cosmetics. The agency

proposed this action in response to the

requirements of section 721(b) of the

Federal Food, Drug, and Cosmetic Act

(21 U.S.C. 379e(b)) and the transitional

provisions of the Color Additive

Amendments of 1960. Among other

things, the agency proposed to require

the preparation of lakes, including lakes

that are currently prepared in situ, from

previously certified batches of straight

color. Lakes currently prepared in situ

are lakes of D&C Red Nos. 6, 7, 31 and

34. In the proposal, the agency

tentatively concluded that the lack of

adequate analytical methods to

determine levels of intermediates and

other impurities in lakes prepared from

uncertified batches of straight color

precludes the agency from prescribing

conditions of safe use for such lakes,

including lakes prepared in situ.

Interested persons were initially given

until June 3, 1996, to comment on the

proposal. In the Federal Register of June

5, 1996 (61 FR 28525), the comment

period was extended to August 3, 1996.

FDA is announcing that it has

received a letter from a color additive

manufacturer, Sun Chemical Corp.,

concerning the results of a modified in

situ manufacturing process for D&C Red

No. 34 lakes. (D&C Red No. 34 is the

calcium salt of 3-hydroxy-4-[(1-sulfo-2-

naphthalenyl)azo]-2-

naphthalenecarboxylic acid.) The letter,

accompanied by samples, provided

information on the total color and levels

of intermediates in the isolated and

purified sodium salt of 3-hydroxy-4-[(1-

sulfo-2-naphthalenyl)azo]-2-

naphthalenecarboxylic acid and in the

calcium lake prepared from this sodium

salt. FDA has analyzed the samples

provided with the letter from Sun

Chemical Corp. and has confirmed the

results in the letter. The following

documents have been added to the

administrative record for the proposal:

The letter from Sun Chemical Corp.; a

memorandum summarizing the agency’s

analytical results for the samples

received with the letter; two memoranda

summarizing telephone conversations

between FDA and Sun Chemical Corp.

regarding the modified in situ

manufacturing process for D&C Red No.

34; and a memorandum summarizing a

telephone conversation between FDA

and Kingfisher Colours, Ltd., in which

FDA sought information on the same

subject.

FDA is reopening the comment period

for 30 days to allow interested persons

the opportunity to comment specifically

on issues raised by the documents being

added to the record. Only comments

pertaining to such issues will be

considered. This action will not delay

the issuance of a final rule.

Interested persons may, on or before

July 6, 1998 submit to the Dockets

Management Branch (address above)

written comments regarding these

document. Two copies of any comments

are to be submitted, except that

individuals may submit one copy.

Comments are to be identified with

Docket No. 79N–0043. Send a selfaddressed adhesive label to assist in

processing your requests. Received

comments may be seen in the office

above between 9 a.m. and 4 p.m.,

Monday through Friday.

Dated: May 28, 1998.

William K. Hubbard,

Associate Commissioner for Policy

Coordination.

[FR Doc. 98–14719 Filed 6–2–98; 8:45 am]

BILLING CODE 4160–01–F

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD09–98–003]

RIN–2115–AE47

Drawbridge Operation Regulations;

Sheboygan River, WI

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: At the request of the City of

Sheboygan, WI, the Coast Guard

proposes to revise the operating hours of

the Eighth Street bridge at mile 0.69

over the Sheboygan River in Sheboygan,

WI. The proposed changes would

restrict bridge openings for vessel traffic

during peak vehicular traffic hours.

Additionally, this proposal would

establish a permanent winter operating

schedule for the bridge.

DATES: Comments must be received on

or before August 3, 1998.

ADDRESSES: Comments may be mailed

or delivered to: Commander (obr), Ninth

Coast Guard District, 1240 East Ninth

Street, Room 2019, Cleveland, OH

44199–2060 between 6:30 a.m. and 3:00

p.m., Monday through Friday, except

federal holidays.

FOR FURTHER INFORMATION CONTACT:
Federal Register / Vol. 63, No. 106 /Wednesday, June 3, 1998 / Proposed Rules 30161

Mr. Scot M. Striffler, Project Manager, at

(216) 902–6084.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages

interested persons to participate in this

rulemaking by submitting data, views or

arguments for or against this rule.

Persons submitting comments should

include their name, address, identify

this rulemaking (CGD09–98–003), the

specific section of this NPRM to which

each comment applies, and the reason(s)

for each comment. The Coast Guard

requests that all comments and

attachments be submitted in an 81⁄2 x

11′′ unbound format suitable for

copying and electronic filing. If that is

not practical, a second copy of any

bound material is requested. Persons

wanting acknowledgment of receipt of

comments should enclose a stamped

self-addressed postcard or envelope.

The Coast Guard will consider all

comments received during the comment

period. It may change this proposed rule

in view of the comments.

The Coast Guard plans no public

hearing. Persons may request a public

hearing by writing to Commander (obr),

Ninth Coast Guard District, listed under

ADDRESSES. The request should include

the reasons why a hearing would be

beneficial. If it determines that the

opportunity for oral presentation will

aid this rulemaking, the Coast Guard

will hold a public hearing at a time and

place announced by a later notice in the

Federal Register.

Background and Purpose

The City of Sheboygan, WI, has

requested that the Coast Guard initiate

changes to the permanent regulations

that govern the operations of the Eighth

Street bridge at mile 0.69 over the

Sheboygan River in Sheboygan, WI. The

bridge is currently required to open on

signal at 10 minutes after the hour, on

the half-hour, and at 10 minutes before

the hour, Monday through Saturday,

between the hours of 6:10 a.m. and 7:10

p.m. There is no requested change to

this schedule, but the City has

additionally asked that the bridge not be

required to open between 7:30 a.m. and

8:30 a.m., between 12:00 p.m. and 1:00

p.m., and between 4:30 p.m. and 5:30

p.m., Monday through Friday, to relieve

vehicular traffic congestion.

The City has asserted that the Eighth

Street bridge is the primary roadway to

the downtown central business district,

which has grown considerably since

1995, attracting an increase in vehicle

traffic across the bridge.

Vehicular traffic count data supplied

by the City indicates that traffic volume

is at its highest during the hours

identified above. Corresponding bridge

opening data submitted for the same

period shows random openings, with no

distinct pattern for requests to open the

bridge.

The City also maintains that the

number of bridge openings has

decreased since a new marina, located

in the outer harbor of Sheboygan, was

constructed and opened in 1995. No

data was submitted to support this

statement. There are still existing

facilities located above the bridge that

require openings for passage.

Finally, the City claims that a newly

created ‘‘rotary intersection’’ in the

vicinity of the bridge contributes to

significant traffic congestion during

morning and evening rush hour, and at

mid-day.

In addition to the opening restrictions

requested above, the City wishes to

establish a permanent winter operating

schedule between October 31 and April

30. Vessels requesting openings of the

bridge during this period would be

required to provide a 12-hour advance

notice to the City prior to the intended

time of passage.

Regulatory Evaluation

This proposed 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. 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 proposed rule to be so

minimal that a full Regulatory

Evaluation under paragraph 10e of the

regulatory policies and procedures of

DOT is unnecessary. There are no major

commercial navigation facilities located

above this bridge. The federal

navigation channel is only maintained

to the outer basin of the harbor, with a

shallow channel approaching the bridge

and going beyond it.

Small Entities

Under the Regulatory Flexibility Act

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

must consider the economic impact on

small entities of a rule for which a

general notice of proposed rulemaking

is required. ‘‘Small entities’’ may

include (1) small businesses and not-forprofit 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 identified small

commercial fishing entities located

above this bridge during the preliminary

fact-finding phase of this proposal. The

requested bridge opening restriction

times would be for no more than one

hour at a time, at three different times

of the day. The requested bridge

opening restrictions, if approved, would

eliminate openings only during peak

vehicular traffic periods. Bridge logs

submitted by the City do not indicate a

set pattern of times that these entities

require the bridge to open.

Therefore, the Coast Guard certifies

under 5 U.S.C. 605(b) that this proposed

rule, if adopted, will not have a

significant economic impact on a

substantial number of small entities. If,

however, you think that your business

or organization qualifies as a small

entity and that this proposed rule will

have a significant economic impact on

your business or organization, please

submit a comment (see ADDRESSES)

explaining why you think it qualifies

and in what way and to what degree this

rule will economically affect it.

Collection of Information

This proposed 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

proposed rule under the principles and

criteria contained in Executive Order

12612 and has determined that this

proposed 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 figure 2–1,

paragraph 32(e) of Commandant

Instruction M16475.1B, this 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.

For reasons set out in the preamble,

33 CFR part 117 is proposed to be

amended as follows:

PART 117—DRAWBRIDGE

OPERATION REGULATIONS

1. The authority citation for part 117

continues to read as follows.
30162 Federal Register / Vol. 63, No. 106 /Wednesday, June 3, 1998 / Proposed Rules

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. Section 117.1097 is revised to read

as follows:

§ 117.1097 Sheboygan River.

The draw of the Eighth Street bridge,

mile 0.69 at Sheboygan, shall open as

follows:

(a) From May 1 through October 31—

(1) Between the hours of 6:00 a.m. and

10:00 p.m., the bridge shall open on

signal, except that:

(A) From 6:10 a.m. to 7:10 p.m.,

Monday through Saturday, the draw

need open only at 10 minutes after the

hour, on the half-hour, and 10 minutes

before the hour; and

(B) From Monday through Friday,

except Federal holidays, the draw need

not open between 7:30 a.m. and 8:30

a.m., between 12:00 p.m. and 1:00 p.m.,

and between 4:30 p.m. and 5:30 p.m.

(2) Between the hours of 10:00 p.m.

and 6:00 a.m., the draw shall open on

signal if at least 2 hours advance notice

is provided.

(b) From November 1 through April

30, the draw shall open on signal if at

least 12 hours advance notice is

provided.

(c) At all times, the draw shall open

as soon as possible for public vessels of

the United States, state or local

government vessels used for public

safety, vessels in distress, vessels

seeking shelter from rough weather, or

any other emergency.

Dated: May 2, 1998.

J.F. McGowan,

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

Ninth Coast Guard District.

[FR Doc. 98–14702 Filed 6–2–98; 8:45 am]

BILLING CODE 4910–15–M

DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 13

Glacier Bay National Park, Alaska;

Commercial Fishing Regulations and

Environmental Assessment

AGENCY: National Park Service, Interior.

ACTION: Proposed rule and

environmental assessment, extension of

public comment period.

SUMMARY: The National Park Service

(NPS) announces that the public

comment period for the proposed rule

concerning commercial fishing at

Glacier Bay National Park and the

associated environmental assessment

(EA) is being extended 169 days to

November 15, 1998. The proposed rule

was published on April 16, 1997 (62 FR

18547). This is the third extension of the

public comment period on the proposed

rule.

The proposed rule, intended to

provide a framework for enhanced

review and comment by all interested

parties, would implement fair measures

to ensure protection of the values and

purposes of Glacier Bay NP, including

the preservation, enjoyment, and

scientific value of the park’s unique

marine ecosystem. In general, the

proposed rule would prohibit all

commercial fishing in Glacier Bay

proper but provide certain limited

exemptions over a 15 year phase-out

period, and authorize established

commercial fishing in the park’s marine

waters outside Glacier Bay proper

subject to reexamination at the end of 15

years.

DATES: Comments on the proposed rule

and EA will be accepted through

November 15, 1998.

ADDRESSES: Comments on the proposed

rule and EA should be submitted to:

Superintendent, Glacier Bay National

Park and Preserve, P.O. Box 140,

Gustavus, Alaska 99826.

Copies of the environmental

assessment and an executive summary

are available by writing Glen Yankus,

National Park Service, Alaska Support

Office, 2525 Gambell St., Anchorage,

AK 99503–2838. A copy of the

Executive Summary for the EA will be

available on the park’s web site at

http://www.nps.gov/glba in the

management issues section.

FOR FURTHER INFORMATION CONTACT: Glen

Yankus, National Park Service, Alaska

Support Office, (907) 257–2645.

Dated: May 28, 1998.

Chris Andress,

Chief, Ranger Activities Division.

[FR Doc. 98–14624 Filed 6–2–98; 8:45 am]

BILLING CODE 4310–70–P

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Part 36

RIN 2900–AI92

Loan Guaranty: Requirements for

Interest Rate Reduction Refinancing

Loans

AGENCY: Department of Veterans Affairs.

ACTION: Proposed rule.

SUMMARY: This document proposes to

amend the Department of Veterans

Affairs (VA) loan guaranty regulations

concerning the requirements for Interest

Rate Reduction Refinancing Loans

(IRRRLs) by generally limiting these

loans to instances where the veteran’s

monthly mortgage payment will

decrease, and by requiring that the loans

being refinanced either be current in

their payments or meet certain credit

standard provisions. This appears to be

necessary to ensure that these loans are

made only when they provide a real

benefit to the veteran, and to protect the

financial interest of the Government.

DATES: Comments must be received on

or before August 3, 1998.

ADDRESSES: Mail or hand deliver written

comments to: Director, Office of

Regulations Management (02D),

Department of Veterans Affairs, 810

Vermont Avenue, NW, Room 1154,

Washington, DC 20420. Comments

should indicate that they are submitted

in response to ‘‘RIN 2900–AI92.’’ All

written comments received will be

available for public inspection at the

above address, Room 1158, between the

hours of 8 a.m. and 4:30 p.m., Monday

through Friday (except holidays).

FOR FURTHER INFORMATION CONTACT: Ms.

Judith Caden, Assistant Director for

Loan Policy (264), Loan Guaranty

Service, Veterans Benefits

Administration, Department of Veterans

Affairs, 810 Vermont Avenue, NW,

Washington, DC 20420, (202) 273–7368.

SUPPLEMENTARY INFORMATION: Under the

authority of 38 U.S.C. chapter 37, VA

guarantees loans made by lenders to

eligible veterans to purchase, construct,

improve, or refinance their homes (the

term veteran as used in this document

includes any individual defined as a

veteran under 38 U.S.C. 101 and 3701

for the purpose of housing loans). This

document proposes to amend VA’s loan

guaranty regulations by revising the

requirements for VA-guaranteed Interest

Rate Reduction Refinancing Loans

(IRRRLs).

This proposed rule addresses the

same issues that were addressed in an

interim final rule which was established

in a document published in the Federal

Register on October 8, 1997 (62 FR

52503) and rescinded in a document

published in the Federal Register on

December 1, 1997 (62 FR 63454). The

interim final rule requested comments.

The comments submitted in response to

the interim final rule, in addition to

those comments received in response to

this proposed rule, will be considered

and will be discussed in the final rule

document. Also, we note that every

lender that participates in the VA home

loan guarantee program was sent a copy

of the provisions of the interim final