Federal Register / Vol. 61, No. 121 / Friday, June 21, 1996 / Proposed Rules 31881

which the maximum balance does not

exceed the ‘‘Recognized Insurance

Coverage.’’ ‘‘Recognized Insurance

Coverage’’ means the insurance

provided by the Federal Deposit

Insurance Corporation, the National

Credit Union Share Insurance Fund, and

by insurance organizations specifically

qualified by the Secretary of the

Treasury.

(b) To perform other services. (1) The

Secretary of the Treasury may authorize

a depositary to perform other services

including, but not limited to: * * *

(2) To obtain authorization to perform

services, a depositary must:

(i) File with the Secretary of the

Treasury an appropriate agreement and

resolution of its board of directors

authorizing the agreement (both on

forms prescribed by the Financial

Management Service and available from

Federal Reserve banks), and

* * * * *

5. Section 202.4 is amended by

revising introductory text and

paragraphs (c), (d), and (e) to read as

follows:

§ 202.4 Agreement of deposit.

A depositary which accepts a deposit

under this part enters into an agreement

of deposit with the Treasury

Department. The terms of this

agreement include:

* * * * *

(c) The provisions prescribed in

Executive Order 11246, entitled ‘‘Equal

Employment Opportunity,’’ as amended

by Executive Orders 11375 and 12086,

and regulations issued thereunder at 41

CFR Chapter 60, as amended.

(d) The requirements of section 503 of

the Rehabilitation Act of 1973, as

amended, and the regulations issued

thereunder at 41 CFR part 60–741,

requiring Federal contractors to take

affirmative action to employ and

advance in employment qualified

individuals with disabilities.

(e) The requirements of section 503 of

the Vietnam Era Veterans’ Readjustment

Assistance Act of 1972, as amended, 38

U.S.C. 4212, Executive Order 11701,

and the regulations issued thereunder at

41 CFR parts 60–250 and 61–250,

requiring Federal contractors to take

affirmative action to employ and

advance in employment qualified

special disabled and Vietnam Era

veterans.

6. Section 202.6 is amended by

revising paragraphs (b) and (e)(1) to read

as follows:

§ 202.6 Collateral security.

* * * * *

(b) Acceptable security. Types and

valuations of acceptable collateral

security will be specified by the

Secretary of the Treasury in Treasury

procedural instructions.

* * * * *

(e) Disposition of principal and

interest payments of the pledged

securities after a depositary is declared

insolvent—(1) General. In the event of

the depositary’s insolvency or closure,

or in the event of the appointment of a

receiver, conservator, liquidator, or

other similar officer to terminate its

business, the depositary agrees that all

principal and interest payments on any

security pledged to protect public

monies due as of the date of the

insolvency or closure, or thereafter

becoming due, shall be held separate

and apart from any other assets and

shall constitute a part of the pledged

security available to satisfy any claim of

the United States, including those not

arising out of the depositary

relationship.

* * * * *

7. Section 202.7 is amended by

revising paragraph (a) to read as follows:

§ 202.7 Maintenance of balances within

authorizations.

(a) Government agencies shall contact

the Department of the Treasury,

Financial Management Service, before

making deposits with a financial

institution insured by a State or agency

thereof or by a corporation chartered by

a State for the sole purpose of insuring

deposits or accounts. The contact

should be directed to the Cash

Management Policy and Planning

Division, Federal Finance, Financial

Management Service, Department of the

Treasury, Washington, DC 20227.

* * * * *

Dated: June 14, 1996.

Russell D. Morris,

Commissioner.

[FR Doc. 96–15900 Filed 6–20–96; 8:45 am]

BILLING CODE 4810–35–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01–95–171]

RIN 2115–AE47

Drawbridge Operation Regulations;

Passaic River, NJ

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard is proposing

a change to the regulations governing

the Routes 1 & 9 (Lincoln Highway)

Bridge, mile 1.8, the Point-No-Point

Railroad Bridge, mile 2.6, both in

Newark, New Jersey, and the Route 7

(Rutgers Street) Bridge, mile 8.9, in

Belleville, New Jersey which cross the

Passaic River. The proposal would

provide openings on signal if at least

four hours notice is given. This change

was requested by the Consolidated Rail

Corporation (CONRAIL) and New Jersey

Department of Transportation (NJDOT)

because of the limited openings of these

bridges. This action should relieve the

bridge owners of the burden of having

personnel constantly available to open

the bridges and should provide for the

reasonable needs of navigation. Other

changes are proposed that would

remove redundant requirements that are

included in Part 117, general operating

regulations, provide maximum

allowable time delays for specific

railroad bridge openings, remove

unnecessary language, and reorder the

paragraphs for clarity and consistency.

DATES: Comments must be received on

or before August 20, 1996.

ADDRESSES: Comments may be mailed to

Commander (obr), First Coast Guard

District, Building 135A, Governors

Island, New York, 10004–5073, or may

be hand-delivered to the same address

between 6:30 a.m. and 3 p.m., Monday

through Friday, except federal holidays.

The telephone number is (212) 668–

7170. The comments will become part

of this docket and will be available for

inspection and copying by appointment

at the above address.

FOR FURTHER INFORMATION CONTACT:

Gary Kassof, Bridge Program Manager,

First Coast Guard District, (212) 668–

7069.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages

interested persons to participate in this

rulemaking by submitting written views,

comments, data, or arguments. Persons

submitting comments should include

their names and addresses, identify this

rulemaking (CGD01–95–171), the

specific section of this proposal to

which each comment applies, and give

reasons for each comment. The Coast

Guard requests that all comments and

attachments be submitted in an

unbound format no longer than 81⁄2′′ by

11′′, suitable for copying and electronic

filing. If that is not practical, a second

copy of any bound material is requested.

Persons desiring acknowledgment that

their comments have been received

should enclose a stamped, selfaddressed post card or envelope.

The Coast Guard will consider all

comments received during the comment
31882 Federal Register / Vol. 61, No. 121 / Friday, June 21, 1996 / Proposed Rules

period, and may change this proposal in

light of comments received. The Coast

Guard plans no public hearing. Persons

may request a public hearing by writing

to Commander (obr), First Coast Guard

District at the address listed under

ADDRESSES. The request should include

reasons why a hearing would be

beneficial. If the Coast Guard

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.

Background and Purpose

The Routes 1 & 9 (Lincoln Highway),

Point-No-Point Railroad, and Route 7

(Rutgers Street) Bridges have respective

vertical clearances, when in the closed

position, of 40′, 16′, and 8′ above mean

high water (MHW) and 45′, 30′, and 21′,

above mean low water (MLW). All three

bridges are presently required to open

on signal. The proposed regulations

would permit these bridges to open on

signal if at least four hours notice is

given.

Due to the closure of the River Oil

Terminal in August, 1992, requests for

openings of bridges across Passaic River

have decreased. For the years 1992,

1993, and 1994, the Routes 1 & 9

(Lincoln Highway) Bridge opened 95, 35

and 29 times, respectively, for vessel

transits; the Point-No-Point Bridge

opened 243, 145 and 124 times; the

Route 7 (Rutgers Street) Bridge opened

129, 161 and 169 times. These

regulations are being proposed to

provide CONRAIL and NJDOT relief

from having an operator in constant

attendance at the bridges since there is

limited demand for bridge openings.

Discussion of Proposed Amendments

The Coast Guard proposes to amend

33 CFR 117.739 to require a four hour

advance notice for openings of the

Routes 1 & 9 (Lincoln Highway) Bridge,

mile 1.8; Point-No-Point Railroad

Bridge, mile 2.6; and Route 7 (Rutgers

Street) Bridge, mile 8.9. Redundant

requirements that are included in Part

117, general operating regulations,

would be deleted. Maximum allowable

time delays in railroad bridge openings

would be added to appropriate

paragraphs. Finally, 33 CFR 117.739

would be revised to remove unnecessary

language and the paragraphs would be

reordered for clarity and consistency.

The Coast Guard proposes to amend

§ 117.739 by adding new paragraphs (b),

(c), and (j) requiring a four hour advance

notice for openings be given for the

Routes 1 & 9 (Lincoln Highway), PointNo-Point Railroad, and Route 7 (Rutgers

Street) Bridges, respectively. Requests

for openings of these three bridges have

been markedly reduced since 1991.

The Coast Guard proposes to amend

§ 117.739(a)(1) to delete the requirement

to allow public vessels to pass without

delay. The regulatory requirements for

operating in emergency situations are

provided in 33 CFR 117.31.

The Coast Guard proposes to delete

the requirements in § 117.739(a)(3)

which control trains and locomotives

and the maximum allowable time delay

in providing openings. The explanation

of the train interlock system (block

method) is described in 33 CFR 117.9.

Paragraphs (c), (e), (h), and (j) of

§ 117.739 are proposed to be amended

by including maximum allowable

opening delays of ten minutes.

The Coast Guard proposes to revise

§ 117.739 by redesignating paragraphs

(b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (l),

and (m), as (d), (e), (f), (g), (h), (i), (k),

(l), (m), (n), (0), and (p), respectively.

Text modifications to be consistent with

other proposed changes would be made

in these paragraphs, as appropriate.

Regulatory Evaluation

This proposal 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 proposal to be so minimal

that a full Regulatory Evaluation under

paragraph 10e of the regulatory policies

and procedures of DOT is unnecessary.

The proposed regulations would not

prevent mariners from passing through

the Routes 1 & 9, the Point-No-Point

Railroad, and the Route 7 bridges, but

would require giving four hours

advance notice of arrival. Currently, two

facilities in Newark, New Jersey,

National Fuels and W.A. Steamlines,

receive some of their product by barge.

During the winter months, National

Fuels occasionally receives heating oil

crude by barge in anticipation of

demand for home heating fuel.

Similarly, W.A. Steamlines sometimes

has gasoline delivered by barge to

increase its reserves in the winter

months. Since these deliveries are

scheduled well in advance, the

proposed advance notice requirement

will have minimal impact on these

facilities. Small marinas located along

the Passaic River provide dockage for

less than 100 recreational vessels, many

transiting the drawbridges without

requiring openings. Considering the

recreational nature of these trips, an

advance notice requirement will have

minimal economic impact on

recreational boating facilities and

recreational boaters.

Small Entities

Under the Regulatory Flexibility Act

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

must consider whether this proposal, if

adopted, 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). Because of

the reasons discussed in the Regulatory

Evaluation above, the Coast Guard finds

that this rule 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 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 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

proposal in accordance with the

principles and criteria contained in

Executive Order 12612 and it has

determined that this proposed

regulation does not have sufficient

federalism implications to warrant

preparation of a Federalism Assessment.

Environment

The Coast Guard considered the

environmental impact of this proposal

and concluded that, under section

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

Instruction M16475.1B (as revised by 59

FR 38654, July 29, 1994), this proposal

is categorically excluded from further

environmental documentation since it is

a proposed operating regulation for

drawbridges.

List of Subjects in 33 CFR Part 117

Bridges.
Federal Register / Vol. 61, No. 121 / Friday, June 21, 1996 / Proposed Rules 31883

Proposed Regulations

For the reasons set out in the

preamble, the Coast Guard proposes to

amend 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 117.739 is revised to read

as follows:

§ 117.739 Passaic River.

(a) The following requirements apply

to all bridges across the Passaic River:

(1) The owners of these bridges shall

provide, and keep in good legible

condition, clearance gauges with figures

not less than twelve (12) inches high

designed, installed and maintained

according to the provisions of section

118.160 of this chapter.

(2) New Jersey Transit Rail

Operations’ (NJTRO) roving crews shall

consist of two qualified operators, on

each shift, each having a vehicle which

is equipped with marine and railroad

radios, a cellular telephone, and

emergency bridge repair and

maintenance tools. This crew shall be

split with one drawtender stationed at

the Upper Hack and the other

drawtender at the HX (Jacknife)

drawbridge on the Hackensack River.

‘‘Adequate security measures’’ shall be

provided to prevent vandalism to the

bridge operating controls and

mechanisms to insure prompt openings

of NJTRO bridges.

(b) The draw of the Routes 1 & 9

(Lincoln Highway) Bridge, mile 1.8, at

Newark, shall open on signal if at least

four hours notice is given.

(c) The draw of CONRAIL’s Point-NoPoint Railroad Bridge, mile 2.6, at

Newark, shall open on signal if at least

four hours notice is given to the

CONRAIL Movement Desk. After the

signal to open is given, the opening may

be delayed no more than ten minutes.

(d) The draw of the Jackson Street

Bridge, mile 4.6, at Harrison, shall open

on signal; except that notice must be

given before 2:30 a.m. for openings

between 3 a.m. and 8:30 a.m. and before

2:30 p.m. for openings between 4:30

p.m. and 7 p.m.

(e) The draw of Amtrak’s Dock Bridge,

mile 5.0, at Harrison, shall open on

signal; except that from 7:20 a.m. to 9:20

a.m. and 4:30 p.m. to 6:50 p.m., Monday

through Friday except federal holidays,

the draw need not be opened. At all

other times, an opening may be delayed

no more than ten minutes, unless the

drawtender and the vessel operator,

communicating by radiotelephone,

agree to a longer delay.

(f) The draw of the Bridge Street

Bridge, mile 5.6, at Harrison, shall open

on signal; except that notice must be

given before 2:30 a.m. for openings

between 3 a.m. and 8:30 a.m. and before

2:30 p.m. for openings between 4:30

p.m. and 7 p.m.

(g) Phd draw of the NJTRO NewarkHarrison (Morristown Line) Bridge, mile

5.8, at Harrison, New Jersey shall open

on signal if at least one hour advance

notice is given to the drawtender at

Upper Hack bridge mile 6.9, across the

Hackensack River at Secaucus, NJ. In

the event the HX drawtender is at the

Lower Hack bridge, mile 3.4 on the

Hackensack River, at Jersey City then up

to an additional half hour delay in

opening is permitted. After the signal to

open is given, the opening may be

delayed no more than ten minutes.

From 7:15 a.m. to 9 a.m. and from 4:30

p.m. to 6:50 p.m., Monday through

Friday except federal holidays, the draw

need not open.

(h) The draw of the Route 280 (Stickel

Memorial) Bridge, mile 5.8, at Harrison,

shall open on signal if at least eight

hours notice is given. In an emergency,

the draw shall open as soon as possible

but not more than two hours after the

opening request.

(i) The draw of the Clay Street Bridge,

mile 6.0, at Harrison, shall open on

signal; except that notice must be given

before 2:30 a.m. for openings between 3

a.m. and 8:30 a.m. and before 2:30 p.m.

for openings between 4:30 p.m. and 7

p.m.

(j) The draw of the Route 7 (Rutgers

Street) Bridge, mile 6.9, at Belleville,

shall open on signal if at least four

hours notice is given.

(k) The draw of the NJTRO (West

Arlington) Bridge, mile 8.0, at Kearney,

shall open on signal from 7 a.m. to 11

p.m. if at least eight hours notice is

given. After the signal to open is given,

the opening may be delayed no more

than ten minutes. From 11 p.m. to 7

a.m., the draw need not be opened.

(l) The draw of the Avondale Bridge,

mile 10.7, at Lyndhurst, shall open on

signal; except that notice must be given

before 2:30 a.m. for openings between 3

a.m. and 8:30 a.m. and before 2:30 p.m.

for openings between 4:30 p.m. and 7

p.m.

(m) The draw of the NJTRO Bridge,

mile 11.7, at Lyndhurst, shall open on

signal from 8 a.m. to 4 p.m. if at least

six hours notice is given. After the

signal to open is given, the opening may

be delayed no more than ten minutes.

From 4 p.m. to 8 a.m., the draw need

not be opened.

(n) The draw of the Route 3 Bridge,

mile 11.8, at Rutherford, shall open on

signal if at least six hours notice is

given.

(o) The draw of the Douglas O. Mead

(Union Avenue) Bridge, mile 13.2, at

Rutherford, shall open on signal; except

that:

(1) From 4 p.m. to 8 a.m., the draw

shall open if at least eight hours notice

is given; and

(2) On Christmas and New Year’s Day,

the draw shall open if notice is given

prior to 4 p.m. today prior.

(p) The draw of the following bridges

need not be opened for the passage of

vessels:

(1) Gregory Avenue Bridge, mile 14.0,

at Wallington.

(2) Second Street Bridge, mile 14.7, at

Wallington.

(3) West Eighth Street Bridge, mile

15.3, at Garfield.

Dated: May 28, 1996.

J.L. Linnon,

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

First Coast Guard District.

[FR Doc. 96–15681 Filed 6–20–96; 8:45 am]

BILLING CODE 4910–14–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Chapter I

[AD–FRL–5523–6]

Notice of Intent to Form an Advisory

Committee for the Industrial

Combustion Coordinated Rulemaking

and Request for Nomination of

Candidates

AGENCY: U.S. Environmental Protection

Agency (EPA).

ACTION: Intent to Form Industrial

Combustion Coordinated Rulemaking

Advisory Committee and request for

nomination of candidates.

SUMMARY: The EPA is planning to

establish an Industrial Combustion

Coordinating Rulemaking (ICCR)

Advisory Committee under the Federal

Advisory Committee Act (FACA). The

purpose of this Federal Advisory

Committee (hereafter referred to as

‘‘Coordinating Committee’’) is to advise

and assist the EPA in coordinating the

development of regulations to control

emissions of air pollutants from

industrial, commercial, and institutional

combustion of fuels and non-hazardous

solid wastes.

The EPA is also requesting

nominations for candidates for