Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Rules and Regulations 29959

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

of Commandant Instruction M16475.1B,

as revised by 59 FR 38654, July 29,

1994, this rule is categorically excluded

from further environmental

documentation. This rule is an

administrative change under paragraph

2.B.2.1, and will not impact the

environment. A ‘‘Categorical Exclusion

Determination’’ is available in the

docket for inspection or copying where

indicated under ADDRESSES.

List of Subjects in 33 CFR Part 3

Organization and functions

(Government Agencies).

For the reasons set out in the

preamble, the Coast Guard amends 33

CFR part 3 as follows:

PART 3—COAST GUARD AREAS,

DISTRICTS, MARINE INSPECTION

ZONES, AND CAPTAIN OF THE PORT

ZONES

1. The authority citation for part 3

continues to read as follows:

Authority: 14 U.S.C. 633; 49 CFR 1.45,

1.46.

2. In § 3.01–1, paragraph (b) is revised

to read as follows:

§ 3.01–1 General description.

* * * * *

(b) The two Coast Guard Areas are the

Atlantic Area (see § 3.04–1) and the

Pacific Area (see §3.04–3). The Coast

Guard Area Commander is in command

of a Coast Guard Area; the offices are

referred to as a Coast Guard Area Office.

The office of the Commander, Atlantic

Area, is located in the Fifth Coast Guard

District and the Commander, Atlantic

Area, also serves as the Fifth District

Commander. The office of the

Commander, Pacific Area, is located in

the Eleventh Coast Guard District and

the Commander, Pacific Area, also

serves as the Eleventh District

Commander. Area Commanders have

the responsibility of determining when

operational matters require the

coordination of forces and facilities of

more than one district.

* * * * *

3. In § 3.04–1, paragraph (a) is revised,

and in paragraph (b), the word

‘‘Second’’ is removed to read as follows:

§ 3.04–1 Atlantic Area.

(a) The Area Office is in Portsmouth,

VA.

* * * * *

4. In § 3.04–3, paragraph (a) is revised

to read as follows:

§ 3.04–3 Pacific Area.

(a) The Area Office is in Alameda, CA.

* * * * *

Subpart 3.10—Second Coast Guard

District [Heading Removed]

§ 3.10–1 [Removed]; § 3.10–10

[Redesignated as § 3.40–40]; § 3.10–5

[Redesignated as § 3.40–45]; § 3.10–30

[Redesignated as § 3.40–50]; § 3.10–35

[Redesignated as § 3.40–55]; § 3.10–40

[Redesignated as § 3.40–60]; and § 3.10–50

[Redesignated as § 3.40–65]

5. In Subpart 3.10, the subpart

heading and § 3.10–1 are removed;

§ 3.10–10 is redesignated as § 3.40–40;

§ 3.10–15 is redesignated as § 3.40–45;

§ 3.10–30 is redesignated as § 3.40–50;

§ 3.10–35 is redesignated as § 3.40–55;

§ 3.10–40 is redesignated as § 3.40–60;

and § 3.10–50 is redesignated as § 3.40–

65.

6. In § 3.40–1, paragraph (b) is revised

to read as follows:

§ 3.40–1 Eighth district.

* * * * *

(b) The Eighth Coast Guard District is

comprised of North Dakota, South

Dakota, Wyoming, Nebraska, Iowa,

Colorado, Kansas, Missouri, Kentucky,

West Virginia, Tennessee, Arkansas,

Oklahoma, New Mexico, Texas,

Louisiana, Mississippi, and Alabama;

that part of Pennsylvania south of 41° N.

latitude and west of 79° W. longitude;

those parts of Ohio and Indiana south of

41° N. latitude; Illinois, except that part

north of 41° N. latitude and east of 90°

W. longitude; that part of Wisconsin

south of 46°20′ N. latitude and west of

90° W. longitude; that part of Minnesota

south of 46°20′ N. latitude; those parts

of Florida and Georgia west of a line

starting at the Florida coast at 83°50′ W.

longitude; thence northerly to 30°15′ N.

latitude, 83°50′ W. longitude; thence

due west to 30°15′ N. latitude, 84°45′ W.

longitude; thence due north to the

southern bank of the Jim Woodruff

Reservoir at 84°45′ W. longitude; thence

northeasterly along the eastern bank of

the Jim Woodruff Reservoir and

northerly along the eastern bank of the

Flint River to Montezuma, GA.; thence

northwesterly to West Point, GA.; and

the Gulf of Mexico area west of a line

bearing 199 T. from the intersection of

the Florida coast at 83°50′ W. longitude

(the coastal end of the Seventh and

Eighth Coast Guard District land

boundary.) [DATUM NAD83]

13. In § 3.55–1, paragraph (a) is

revised to read as follows:

3.55–1 Eleventh District.

(a) The District Office is in Alameda,

California.

* * * * *

Dated: May 28, 1996.

Kent H. Williams,

Vice Admiral, U.S. Coast Guard Chief of Staff.

[FR Doc. 96–15046 Filed 6–12–96; 8:45 am]

BILLING CODE 4910–14–M

33 CFR Part 117

[CGD05–94–065]

RIN 2115–AE47

Drawbridge Operation Regulations;

Nacote Creek, NJ

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: At the request of the New

Jersey Department of Transportation

(NJDOT), the Coast Guard is changing

the regulations governing the operation

of the Route 9 Bridge across Nacote

Creek, mile 1.5, in Smithville, Atlantic

County, New Jersey. The change will

require the Route 9 Bridge to open on

signal except from 11 p.m. to 7 a.m.,

when a two hour advance notice for

openings will be required. This change

should help relieve the bridge owner of

the burden of having a bridge tender

constantly available at times when there

are few or no requests for openings,

while still providing for the needs of

navigation.

EFFECTIVE DATE: This rule is effective on

July 15, 1996.

FOR FURTHER INFORMATION CONTACT:

Ann B. Deaton, Bridge Administrator,

Fifth Coast Guard District, at (804) 398–

6222.

SUPPLEMENTARY INFORMATION:

Regulatory History

On December 20, 1995, the Coast

Guard published a notice of proposed

rulemaking entitled ‘‘Drawbridge

Operation Regulations, Nacote Creek,

New Jersey’’ in the Federal Register (60

FR 65613). The Coast Guard received

one letter commenting on the notice of

proposed rulemaking. No public hearing

was requested, and none was held.

Background and Purpose

The Route 9 Bridge across Nacote

Creek, mile 1.5, at Smithville, Atlantic
29960 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Rules and Regulations

County, NJ, has a vertical clearance of

5′ above mean high water (MHW) and 8′

above mean low water (MLW) in the

closed position. The current regulations

require the bridge to open on signal at

all times.

Review of the bridge logs provided by

NJDOT revealed that between 11 p.m.

and 7 a.m., there were limited requests

for bridge openings for the years 1992,

1993 and 1994. NJDOT is seeking relief

from the requirement that a bridge

tender be present during the hours of 11

p.m. and 7 a.m. when there are minimal

requests for openings. The NJDOT

requested a permanent change to the

regulations governing operation of the

Route 9 Bridge to require the draw to

open on signal, except from 11 p.m. to

7 a.m., which will require a two hour

advance notice. At all other times the

bridge will open on signal. The bridge

tenders will be on call to open the draw

when the advance notice is given. A 24

hour special telephone number will be

posted on the bridge and maintained by

the NJDOT.

Accordingly, a new provision

allowing the draw of the Route 9 bridge,

at mile 1.5, to remain closed from 11

p.m. to 7 a.m. unless two hours advance

notice is given will be designated as

paragraph (a). The current provision

allowing the draw of the Atlantic

County (Rte. 575) bridge, at mile 3.5, to

remain closed unless eight hours

advance notice is given will be

designated as paragraph (b). A general

provision requiring the passage of

Federal, State, and local government

vessels used for public safety through

all drawbridges is published at 33 CFR

117.31, and is no longer required to be

published for each waterway. Therefore,

this change will remove the provision

requiring passage of public vessels from

section 117.732.

Discussion of Comments and Changes

The Coast Guard received one

comment from the New Jersey State

Historic Preservation office which

offered no objection to the Coast Guard’s

proposed rulemaking. Therefore, no

changes to the proposed rule were

made.

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 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

expects the economic impact of this rule

to be so minimal that a full Regulatory

Evaluation, under paragraph 10e of the

regulatory policies and procedures of

DOT is unnecessary. This conclusion is

based on the fact that the rule will not

prevent mariners from passing through

the Route 9 Bridge but will only require

mariners to provide two hours advance

notice from 11 p.m. to 7 a.m. Removal

of the public vessel provision from this

rule will have no impact since this

provision is included at 33 CFR 117.31.

Small Entities

Under the Regulatory Flexibility Act

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

considered whether this rule will have

a significant economic impact on a

substantial number of small entities.

‘‘Small entities’’ include independently

owned and operated small businesses

that are not dominant in their fields and

that otherwise qualify as ‘‘small

business concerns’’ under section 3 of

the Small Business Act (15 U.S.C. 632).

Therefore, for the reasons set out under

Regulatory Evaluation, the Coast Guard

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

rule will not have a significant

economic impact on a substantial

number of small entities.

Collection of Information

This rule contains no collection of

information requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

Federalism Assessment

The Coast Guard has analyzed this

rule under the principles and criteria in

Executive Order 12612 and has

determined that this rule does not raise

sufficient federalism implications to

warrant preparation of a Federalism

Assessment.

Environment

The Coast Guard considered the

environmental impact of this rule and

concluded that, under paragraph

2.B.2.e.(32)(e) of Commandant

Instruction M16475.1B (as amended, 59

FR 38654, 29 July 1994), this rule is

categorically excluded from further

environmental documentation.

List of Subjects in 33 CFR Part 117

Bridges.

Regulations

For the reasons set out 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 117.732 is revised to read

as follows:

§ 117.732 Nacote Creek.

(a) The Route 9 bridge, mile 1.5, shall

open on signal, except that from 11 p.m.

to 7 a.m., the draw shall open if at least

two hours notice is given.

(b) The draw of the Atlantic County

(Rte. 575) bridge, mile 3.5 at Port

Republic, shall open on signal if at least

eight hours notice is given.

Dated: May 10, 1996.

W.J. Ecker,

Rear Admiral, U.S. Coast Guard Commander,

Fifth Coast Guard District.

[FR Doc. 96–15045 Filed 6–12–96; 8:45 am]

BILLING CODE 4910–14–M

DEPARTMENT OF EDUCATION

34 CFR Part 668

RIN: 1840–AC14 and 1840–AB44

Student Assistance General Provisions

AGENCY: Department of Education.

ACTION: Final regulations.

SUMMARY: The Secretary amends the

Student Assistance General Provisions

regulations to add the Office of

Management and Budget (OMB) control

number to certain sections of the

regulations. These sections contain

information collection requirements

approved by OMB. The Secretary takes

this action to inform the public that

these requirements have been approved

and affected parties must comply with

them.

EFFECTIVE DATE: These regulations are

effective on July 1, 1996.

FOR FURTHER INFORMATION CONTACT:

Paula Husselmann or David Lorenzo,

U.S. Department of Education, 600

Independence Avenue, S.W., (Room

3053, ROB–3) Washington, D.C. 20202.

Telephone (202) 708–7888. Individuals

who use a telecommunications device

for the deaf (TDD) may call the Federal

Information Relay Service (FIRS) at 1–

800–877–8339 between 8 a.m. and 8

p.m. Eastern time, Monday through

Friday.

SUPPLEMENTARY INFORMATION: Final

regulations for the Student Assistance

General Provisions were published in