55948 Federal Register / Vol. 63, No. 202 /Tuesday, October 20, 1998 /Rules and Regulations

as to how radio communications

between the Bridge/Train Controller and

the waterway users would be handled,

and it requested additional radio

communications during the lowering of

the bridge. These concerns were a

misunderstanding by the Pilots of the

procedures proposed. The Pilots are

now satisfied that this issue is

addressed adequately in this Final Rule.

Since no comments opposing the

proposed change were received, the

final rule is being implemented without

change.

Regulatory Evaluation

This final 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 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

reached this conclusion based on the

fact that this change will not prevent

mariners from transiting the bridge, but

merely require mariners to adhere to the

new operation procedures during

transits of the bridge.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601–612), the U.S. Coast Guard

must consider whether this proposed

rule, if adopted, will have a significant

economic impact on a substantial

number of small entities. ‘‘Small

entities’’ include small 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). Because it

expects the impact of this final rule to

be minimal, the Coast Guard certifies

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

will not have a significant economic

impact on a substantial number of small

entities.

Collection of Information

This final rule contains no collection

of information requirements under the

Paperwork Reduction Act (44 U.S.C.

3501–3520).

Federalism

The Coast Guard has analyzed this

final rule under the principals and

criteria in Executive Order 12612, and it

has been determined that this final rule

does not raise sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

Environment

The Coast Guard considered the

environmental impact of this final rule

and concluded that under figure 2–1,

paragraph (32)(e) of Commandant

Instruction M16475.1C, this final rule is

categorically excluded from further

environmental documentation based on

the fact that this is a promulgation of an

operating regulation for a drawbridge. A

Categorical Exclusion Determination

statement has been prepared and placed

in the rulemaking docket.

List of Subjects in 33 CFR Part 117

Bridges.

Regulations

For reasons discussed in the

preamble, the Coast Guard amends 33

CFR Part 117 as follows:

PART 117—DRAWBRIDGE

OPERATION REGULATIONS

1. The authority citation for part 117

continues to read as follows:

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 117.997 is amended by

redesignating paragraphs (a) through (h)

as paragraphs (b) through (i) and by

adding a new paragraph (a) to read as

follows:

§ 117.997 Atlantic Intracoastal Waterway,

South Branch of the Elizabeth River to the

Albermarle and Chesapeake Canal.

(a) The draw of the Belt Line Railroad

Bridge, mile 2.6, in Portsmouth and

Chesapeake will operate as follows:

(1) The bridge will be left in the open

position at all times and will only be

lowered for the passage of trains and to

perform periodic maintenance

authorized in accordance with subpart

A of this part.

(2) The bridge will be operated by the

controller at the Berkley Yard office.

(3) The controller will monitor

waterway traffic in the area of the bridge

and directly beneath the bridge with

closed circuit cameras mounted on top

of the bridge and with surface

navigational radar.

(4) When the bridge closes for any

reason, the controller will announce 30

minutes in advance, 15 minutes in

advance, and immediately proceeding

the actual lowering, over marine

channel 13, that the Belt Line Railroad

Bridge is closing for river traffic. In each

of these three announcements, the

bridge/train controller will request all

concerned river traffic to please

acknowledge on marine channel 13.

(5) The bridge shall only be operated

from the remote site if closed circuit

visual and radar information shows

there are no vessels in the area and no

opposing radio communications have

been received.

(6) While the Belt Line Bridge is

moving from the full open position to

the full closed position, the bridge/train

controller will maintain constant

surveillance of the navigational channel

to ensure no conflict with maritime

traffic exists. In the event of failure of

a camera or the radar system, or loss of

marine-radio communications, the

bridge shall not be operated by the offsite bridge/train controller from the

remote location.

(7) If the off-site bridge/train

controller’s visibility of the navigational

channel is less than 3⁄4 of a mile, the

bridge shall not be operated from the

remote location.

(8) When the draw cannot be operated

from the remote site, a bridgetender

must be called to operate the bridge in

the traditional on-site manner.

(9) The Belt Line mid-channel lights

will change from green to red anytime

the bridge is not in the full open

position.

(10) During the downward and

upward span movement, a warning

alarm will sound until the bridge is

seated and locked down or in the full

open position.

(11) When the bridge has returned to

its full up position, the mid-channel

light will turn from red to green, and the

controller will announce over marine

radio channel 13, ‘‘Security, security,

security, the Belt Line bridge is open for

river traffic.’’ Operational information

will be provided 24 hours a day on

marine channel 13 and via telephone

(757) 543–1996 or (757) 545–2941.

* * * * *

Dated: October 7, 1998.

Roger T. Rufe, Jr.,

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

Fifth Coast Guard District.

[FR Doc. 98–28036 Filed 10–19–98; 8:45 am]

BILLING CODE 4910–15–M

DEPARTMENT OF EDUCATION

Office of Postsecondary Education

34 CFR Part 674

Federal Perkins Loan Program

CFR Correction

In Title 34 of the Code of Federal

Regulations, parts 400 to end, revised as

of July 1, 1998, on page 541, in § 674.19,

paragraph (b)(5) is removed.

BILLING CODE 1505–01–D