24598 Federal Register / Vol. 60, No. 89 / Tuesday, May 9, 1995 / Proposed Rules

(b) For purposes of this part, a unit is

considered available for occupancy from

the date on which the End of Initial

Operating Period (EIOP) is established

for the project with which it is

associated until the time it is approved

by HUD for deprogramming and is

vacated or is approved for non-dwelling

use, except that, on or after July 1, 1991,

a unit shall not be considered available

for occupancy in any IHA Requested

Budget Year if the unit is located in a

vacant building in a project that HUD

has determined to be nonviable. In the

case of an IHA development involving

the acquisition of scattered site housing,

the IHA may submit, and HUD shall

review and can approve, a revised

Development Cost Budget reflecting the

number of units that were occupied

during the previous six months, and the

Unit Months Available used in the

calculation of operating subsidy

eligibility shall be revised to include the

number of months the new/acquired

units are actually occupied.

PART 990—ANNUAL CONTRIBUTIONS

FOR OPERATING SUBSIDY

4. The authority citation for part 990

would continue to read as follows:

Authority: 42 U.S.C. 1437g and 3535(d).

5. Section 990.102 would be amended

by revising the definition of ‘‘Unit

Months Available’’, to read as follows:

§ 990.102 Definitions.

* * * * *

Unit months available. Units

multiplied by the number of months the

project units are available for occupancy

during a given PHA fiscal year. See also

§ 990.104(b).

* * * * *

6. In § 990.104, paragraph (b) would

be revised, to read as follows:

§ 990.104 Determination of amount of

operating subsidy under PFS.

* * * * *

(b) For purposes of this part, a unit is

considered available for occupancy from

the date on which the End of Initial

Operating Period (EIOP) is established

for the project with which it is

associated until the time it is approved

by HUD for deprogramming and is

vacated or is approved for non-dwelling

use, except that, on or after July 1, 1991,

a unit shall not be considered available

for occupancy in any PHA Requested

Budget Year if the unit is located in a

vacant building in a project that HUD

has determined to be nonviable. In the

case of a PHA development involving

the acquisition of scattered site housing,

the PHA may submit, and HUD shall

review and can approve, a revised

Development Cost Budget reflecting the

number of units that were occupied

during the previous six months, and the

Unit Months Available used in the

calculation of operating subsidy

eligibility shall be revised to include the

number of months the new/acquired

units are actually occupied.

Dated: March 24, 1995.

Joseph Shuldiner,

Assistant Secretary for Public and Indian

Housing.

[FR Doc. 95–11372 Filed 5–8–95; 8:45 am]

BILLING CODE 4210–33–P

DEPARTMENT OF TRANSPORTATION

33 CFR Part 84

Coast Guard

[CGD 95–037]

Adequacy of Barge and Tug Navigation

Lights

AGENCY: Coast Guard, DOT.

ACTION: Request for comments.

SUMMARY: Concern has been expressed

that current lighting requirements are

not adequate for towing vessels and

vessels under tow. The Coast Guard also

receives frequent requests for

clarification of lighting requirements.

Therefore, it has asked the Navigation

Safety Advisory Council (NAVSAC) to

review this issue. It also solicits public

comments on the need for possible

changes to or clarification of lighting

requirements.

DATES: Written comments must be

received not later than September 6,

1995.

ADDRESSES: Written comments may be

mailed to the Executive Secretary,

Marine Safety Council (G–LRA), U.S.

Coast Guard, 2100 Second Street SW,

Washington, DC 20593–0001, or may be

delivered to room 3406 at the same

address between 8 a.m. and 3 p.m.,

Monday through Friday, except Federal

holidays. Comments will become part of

this docket and will be available for

inspection or copying at room 3406,

Coast Guard Headquarters, between 8

a.m. and 3 p.m., Monday through

Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Ms.

Margie G. Hegy, Executive Director,

Navigation Safety Advisory Council,

phone (202) 267–0415. This telephone

is equipped to take messages on a 24-

hour basis.

SUPPLEMENTARY INFORMATION: The

Inland Navigation Rules (Navigation

Rules) are set forth in 33 U.S.C. 2001 et

seq. Lighting requirements for towing

vessels and vessels under tow are

contained in Rule 24, 33 U.S.C. 2024.

Under 33 U.S.C. 2071, the Secretary of

Transportation may issue regulations to

implement and interpret the Navigation

Rules. The Secretary is also directed to

establish technical annexes. The

technical annex for lighting

requirements is contained in 33 CFR

Part 84. This annex specifies placement

requirements for lights, including

placement of lights on towing vessels

and vessels under tow.

Safety concerns associated with

towing operations and small craft traffic

have been raised in recent years in

several publications, including the

American Boat and Yacht Council

Newsletter, U.S. Coast Guard boating

Safety Circulars, America’s Inland and

Coastal Tug and Barge Operators

pamphlet ‘‘Life Lines’’, and various

yachting magazines. The safety aspects

of barge lighting were discussed at the

May 1994 meeting of the National

Boating Safety Advisory Council

(NBSAC). At its November 1994

meeting, NAVSAC was also asked to

consider whether current tug and tow

lighting requirements are adequate.

After considerable discussion,

NAVSAC concluded that additional

information was needed to determine

whether there was an actual problem,

and, if so, possible solutions. the

Council unanimously passed a

resolution requesting that the Coast

Guard solicit public comments on

whether towing vessels and vessels

being towed are sufficiently lighted

while underway.

In addition to other information you

may wish to provide, NAVSAC is

particularly interested in receiving

comments regarding the lighting of

barges towed astern. There has been

concern that an approaching vessel

could misinterpret prescribed lighting

and not realize the presence of a towing

hawser. The length of the hawser can be

considerable, up to one-half mile in

some waters, and the positions of the

barge(s) are not always directly astern of

the towing vessel. Barges towed astern

are currently lighted with sidelights and

a stern light only, the same as a sailing

vessel, while barges pushed ahead or

towed alongside also carry a ‘‘special

yellow flashing’’ light forward.

One suggestion under consideration

by NAVSAC is extending the

requirement for a yellow flashing light

to barges towed astern. After an

approaching vessel identifies that a

barge is under tow it will be able to

determine the location of the towing

hawser.

Another suggestion is that a towing

vessel towing astern be required to show
Federal Register / Vol. 60, No. 89 / Tuesday, May 9, 1995 / Proposed Rules 24599

three masthead lights regardless of the

length of the tow. This would clearly

indicate that a hawser is in use. The two

masthead lights would be reserved for a

towing vessel pushing ahead or towing

alongside. Currently, three masthead

lights are shown only if the length of the

tow exceeds 200 meters—if less than

200 meters, two masthead lights are

carried, the same as when pushing

ahead or towing alongside.

Barges pushed ahead or towed

alongside are also of concern because of

the large expanse of hull with no lights.

The Coast Guard routinely receives

requests for clarification of Rule 24(f),

usually in conjunction with a specific

scenario/lighting scheme that has been

observed or a proposed lighting scheme.

Comments should clearly describe

any problems associated with barge

lighting and, if possible, provide

potential solutions. The Coast Guard is

particularly interested in

recommendations that would not

require amendment of the Navigation

Rules. The Coast Guard also desires to

ensure conformity with the

International Rules. In adopting the

International Regulations for Prevention

of Collisions at Sea, 1972 (72

COLREGS), the United States not only

agreed that its vessels would abide by

those regulations when in international

waters, but also that any special rules

adopted by the United States for use on

waterways connected with the high seas

and navigable by seagoing vessels

would ‘‘conform as closely as possible

to these rules’’ (72 COLREGS, Rule 1).

Comments received in response to

this notice will be considered by the

Coast Guard and NAVSAC. A Rules of

the Road Committee will convene at the

next Council meeting, tentatively

scheduled to be held in New Orleans,

LA on November 10–12, 1995, to

continue discussions on this issue. This

meeting will be announced by a notice

in the Federal Register.

Dated: May 2, 1995.

G.A. Penington,

Rear Admiral, U.S. Coast Guard Chief, Office

of Navigation Safety and Waterway Services.

[FR Doc. 95–11302 Filed 5–8–95; 8:45 am]

BILLING CODE 4910–14–M

Coast Guard

33 CFR Part 117

[CGD11–95–003]

RIN 2115–AE47

Drawbridge Operation Regulations;

Oakland Inner Harbor Tidal Canal, CA

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: At the request of the Alameda

County, California Public Works

Agency, the Coast Guard is considering

amending the regulation or the draws of

the Alameda County vehicular bridges

crossing the Oakland Inner Harbor Tidal

Canal at the following locations: Park

Street, mile 7.3; Fruitvale Avenue, mile

7.7; High Street, mile 8.1; as well as the

U.S. Army Corps of Engineers railroad

bridge, mile 7.7 at Fruitvale Avenue.

Under the existing regulations, the

draws are attended 24 hours per day,

and open on signal except during

designated morning and afternoon

commute periods. The proposed

amendment requires attended service 16

hours per day, preserves the existing

commute hours closures, and provides

for openings on four-hour notice during

nighttime hours when an operator is not

in constant attendance. This

amendment will allow the bridge owner

to reduce operating expenses and

should still provide for the reasonable

needs of navigation. In addition, the

identifying waterway mileage

designating the location of, and the call

sign for, each bridge would be revised

to conform with the currently utilized

standard of measurement.

DATES: Comments must be received on

or before June 23, 1995.

ADDRESSES: Comments may be mailed to

Commander (oan-br), Eleventh Coast

Guard District, Room 214, Building 10,

Coast Guard Island, Alameda, CA

94501–5100, or may be delivered to

Room 214 at the same address between

8 a.m. and 3 p.m., Monday through

Friday, except Federal holidays.

Commander (oan-br), Eleventh Coast

Guard District maintains the public

docket for this rulemaking. Comments

will become part of the docket and will

be available for inspection or copying at

Room 214, Building 10, Coast Guard

Island, Alameda, between 8 a.m. and 3

p.m., Monday through Friday, except

Federal holidays.

FOR FURTHER INFORMATION CONTACT: Jerry

P. Olmes, Bridge Section, Eleventh

Coast Guard District, telephone (510)

437–3514.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages

interested persons to participate in this

rulemaking by submitting written data,

views, or arguments. Persons submitting

comments should include their names

and addresses, identify this rulemaking

(CGD11–95–003) and the specific

section of this proposal to which each

comment applies, and give the reason

for each comment. The Coast Guard

requests that comments and attachments

be submitted in an unbound format

suitable for copying and electronic

filing. If this is not practical, a second

copy of any bound materials is

requested. Persons desiring

acknowledgment of receipt of comments

should enclose a stamped, selfaddressed postcard or envelope.

The Coast Guard will consider all

comments received during the comment

period. It may change this proposal in

view of the comments.

The Coast Guard plans no public

hearing. Persons may request a public

hearing by writing to the Project

Manager at the address under

ADDRESSES. The request should include

reasons why a hearing would be

beneficial. If it determines that the

opportunity for oral presentations 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.

Drafting Information

The principal persons involved in

drafting this document are Jerry P.

Olmes, Eleventh Coast Guard District

Bridge Section, Project Manager, and

Lieutenant Robin J. Barber, Eleventh

Coast Guard District Legal Office,

Project Counsel.

Background and Purpose

The four drawbridges used for

automobile and railroad traffic across

the Oakland Inner Harbor Tidal Canal

are operated and maintained by the

County of Alameda, California. The U.S.

Army Corps of Engineers (USACOE)

railroad bridge at Fruitvale Avenue is

owned by the USACOE, but is operated

by the County in coordination with the

Fruitvale Avenue automobile bridge.

The minimum vertical clearance of the

lowest of the bridges in the closed

position is 13 feet (3.96 meters) above

Mean High Water (MHW).

At present, under the rules in 33 CFR

117.181 the bridges have attended

service 24 hours per day and open upon

signal, except for morning and afternoon

commute hours closures. Historically,

the Park Street Bridge is the most

frequently opened bridge, opening about

1,500 times annually to allow 2,000

vessels to pass. Approximately 60% of

the openings are for recreational vessels,

which travel predominantly during

daylight hours, and one third of the

openings are for commercial vessels,

which historically transit at all hours.

An analysis of the County’s logs of

bridge openings at the series of bridges

for the year ending March 31, 1993

indicates that 96% of transiting