Federal Register / Vol. 63, No. 241 / Wednesday, December 16, 1998 / Rules and Regulations 69191

DEPARTMENT OF THE TREASURY date of the publication of the final rule PART 357ÐREGULATIONS and had concluded that they were GOVERNING BOOK-ENTRY Fiscal Service substantially identical to the uniform TREASURY BONDS, NOTES AND version. Those 28 states were BILLS 31 CFR Part 357 enumerated and listed by name 1. The authority citation for Part 357 [Department of the Treasury Circular, Public alphabetically in a footnote. continues to read as follows: Debt Series, No. 2±86] Treasury further indicated that it would publish in the Federal Register a Authority: 31 U.S.C. Chapter 31; 5 U.S.C. Regulations Governing Book-Entry 301; 12 U.S.C. 391. notice setting forth its conclusion as to Treasury Bonds, Notes and Bills whether additional state enactments of 2. Appendix B to Part 357 is amended AGENCY: Bureau of the Public Debt, Revised Article 8 are ‘‘substantially in the Section-by-Section Analysis for Fiscal Service, Treasury. identical’’ to the uniform version for Section 357.11(b), in the third ACTION: Final rule. purposes of the regulations. Treasury paragraph, by revising the fourth has published such notices with respect sentence and footnote 11 to read as SUMMARY: The Department of the to 22 states: California (62 FR 26, follows: Treasury is publishing a final rule to January 2, 1997), District of Columbia Appendix B to Part 357—TRADES amend its TRADES Commentary (62 FR 34010, June 18, 1997), Delaware, Commentary (Appendix B of 31 CFR Part 357), to Hawaii, Maine, Missouri, Montana, update the list of states that have Nevada, New Jersey, New York, North * * * * * enacted Revised Article 8 of the Carolina, North Dakota, Ohio, Section-by-Section Analysis Uniform Commercial Code and that Tennessee and Puerto Rico (62 FR were the subject of prior notices 61912, November 20, 1997), South * * * * * published by Treasury in the Federal Dakota (63 FR 20099, April 23, 1998), Section 357.11—Law Governing Other Register. Appendix B provides Georgia, Florida and Connecticut (63 FR Interests explanatory information regarding the 35807, July 1, 1998) and Wisconsin, * * * * * regulations governing Treasury New Hampshire and Michigan (63 FR securities held in the commercial book- (b) Limited Scope of Federal 50159, September 21, 1998). The Preemption *** entry system, referred to as the TRADES Commentary further states that Treasury/Reserve Automated Debt Entry ** * Treasury has determined that Treasury will, on an annual basis, 11 System (‘‘TRADES’’). the versions of Article 8 passed by 50 amend the Commentary (Appendix B) to states that have enacted Article 8 meet EFFECTIVE DATE: December 16, 1998. reflect subsequent enactments. The this standard. * ** FOR FURTHER INFORMATION CONTACT: Commentary was amended last year to Sandra Dyson, Attorney-Advisor (202) add California and the District of Dated: November 10, 1998. 219–3320, or Cynthia E. Reese, Deputy Columbia to the list. Accordingly, this Donald V. Hammond, Chief Counsel, (202) 219-3320. Copies of final rule amends Appendix B to reflect Fiscal Assistant Secretary. the final rule are being made available the addition of the other nineteen [FR Doc. 98–33263 Filed 12–15–98; 8:45 am] for downloading from the Bureau of the aforementioned states for which BILLING CODE 4810±39±W Public Debt home page at the following Treasury has published notices to the address: www.publicdebt.treas.gov. list of states enumerated therein. SUPPLEMENTARY INFORMATION: The final DEPARTMENT OF TRANSPORTATION Procedural Requirements rule to govern Treasury securities held in the commercial book-entry system, or This final rule does not meet the Coast Guard TRADES, was published August 23, criteria for a ‘‘significant regulatory 33 CFR Part 117 1996 (61 FR 43626), and was effective action’’ pursuant to Executive Order January 1, 1997. Appendix B of the rule, 12866. The notice and public comment [CGD05±98±017] the TRADES Commentary, addresses the procedures requirements of the RIN 2115±AE47 limited scope of federal preemption of Administrative Procedure Act are state law under Section 357.11 of the inapplicable, pursuant to 5 U.S.C. Drawbridge Operation Regulations; Section-by Section Analysis. If the 553(a)(2). Anacostia River, Washington, DC choice of law rules set forth in TRADES As no notice of proposed rulemaking AGENCY: Coast Guard, DOT. lead to the application of the law of a is required, the provisions of the ACTION: Temporary final rule. state that has not yet adopted Revised Regulatory Flexibility Act (5 U.S.C. 601, Article 8 of the Uniform Commercial et seq.) do not apply. SUMMARY: The Coast Guard is revising Code (Revised Article 8) then TRADES There are no collections of the rule currently governing the applies Revised Article 8 (as approved information contained in this final rule. operation of the Frederick Douglass by the American Law Institute and the Therefore, the Paperwork Reduction Act Memorial (South Capitol Street) bridge National Conference of Commissioners does not apply. on Uniform State Laws, or the ‘‘uniform 11 Alabama, Alaska, Arizona, Arkansas, version’’). Treasury indicated in the List of Subjects in 31 CFR Part 357 California, Colorado, Connecticut, Delaware, preamble to the final rule that if a state District of Columbia, Florida, Georgia, Hawaii, passes a version of Revised Article 8 Bonds, Electronic funds transfer, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Federal Reserve System, Government Louisiana, Maine, Maryland, Massachusetts, that is substantially identical to the Michigan, Minnesota, Mississippi, Missouri, uniform version, then reference to the securities, Incorporation by reference, Securities. Montana, Nebraska, Nevada, New Hampshire, New uniform version would no longer be Jersey, New Mexico, New York, North Carolina, required. In the TRADES Commentary, For the reasons set forth in the North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Puerto Rico, South Dakota, Treasury further stated that it had preamble, Title 31, Chapter II, Tennessee, Texas, Utah, Vermont, Virginia, reviewed the laws of those states which Subchapter B, Part 357 is amended as Washington, West Virginia, Wisconsin and had adopted Revised Article 8 as of the follows: Wyoming. 69192 Federal Register / Vol. 63, No. 241 / Wednesday, December 16, 1998 / Rules and Regulations across Anacostia River at mile 1.2 in that the bridge swing span rehabilitation concerns’’ under section 3 of the Small Washington, DC. This temporary rule will be completed by December 31, 1998 Business Act (15 U.S.C. 632). again authorizes this bridge to remain with the functional testing completed by As a result of notifying the affected closed to navigation until January 31, January 31, 1999. In addition, the users of the waterway of the extension, 1999. This action is necessary to contractor has assured the bridge owner the limited requests for vessel openings complete on-going extensive mechanical that the contractor will provide the and the ability of nearby vessels to clear and electrical rehabilitation and resources, manpower, and additional the bridge’s closed-position vertical maintain the bridge’s operational work shifts as required to ensure that clearance, the Coast Guard certifies integrity. the bridge operation deadline of January under 5 U.S.C. 605(b) that this rule will DATES: This temporary final rule is 31, 1999 is met. Therefore, the Coast not have a significant economic impact effective from December 4, 1998 to 11 Guard is extending the closure period on a substantial number of small p.m. on January 31, 1999. until January 31, 1999 so the repairs can entities. ADDRESSES: Documents as indicated in be completed. Collection of Information this preamble are available for The Coast Guard has notified the This rule contains no collection of inspection or copying at the office of the affected users of the waterway of this information requirement under the Commander (Aowb), Fifth Coast Guard closure extension. The U.S. Navy Paperwork Reduction Act of 1995 (44 District, Federal Building, 4th Floor, 431 indicated that it will not be affected by U.S.C. 3501–3520). Crawford Street, Portsmouth, Virginia the extension. The Coast Guard also 23704–5004, between 8 a.m. and 4:30 contacted EPA’s Office of Water Federalism p.m., Monday through Friday, except Programs and the local Coast Guard unit The Coast Guard has analyzed this Federal holidays. The telephone number (USCG Station St. Inigoes) of the rule under the principles and criteria is (757) 398–6222. bridge’s extended inability to open for contained in Executive Order 12612 and FOR FURTHER INFORMATION CONTACT: Ann vessels, and they did not object. has determined that this rule does not Deaton, Bridge Administrator, Fifth Additionally, vessels docked at a nearby have sufficient federalism implications Coast Guard District, (757) 398–6222. marina can clear the bridge’s vertical to warrant preparation of a Federalism SUPPLEMENTARY INFORMATION: In clearance in the closed position, which Assessment. accordance with 5 U.S.C. 553, a notice is 42 feet at mean high water. Therefore, Environment of proposed rulemaking was not vessels are not expected to be negatively published for this regulation and good impacted by this temporary rule. The Coast Guard considered the cause exists for making it effective in Regulatory Evaluation environmental impact of this rule and less than 30 days from the date of concluded that under figure 2–1, publication. The Coast Guard was This temporary final rule is not a paragraph (32)(2) of Commandant notified of the second extension request significant regulatory action under Instruction M16475.1C, this rule is on November 10, 1998. Subsequently, section 3(f) of Executive Order 12866 categorically excluded from further publication of a notice of proposed and does not require an assessment of environmental documentation based on rulemaking and delay of effective date potential costs and benefits under the fact that it is a promulgation of the would be contrary to the public interest section 6(a)(3) of that order. It has been operating regulations for a drawbridge. because immediate action is necessary exempted from review by the Office of A Categorical Exclusion Determination to address the bridge’s present inability Management and Budget under that statement has been prepared and placed to open safely. order. It is not significant under the in the rulemaking docket. regulatory policies and procedures of Discussion of Regulation the Department of Transportation (DOT) List of Subjects in 33 CFR Part 117 On April 20, 1998, the Coast Guard (44 FR 11040; February 26, 1979). The Bridges. initially published a Temporary Final Coast Guard expects the economic Regulations Rule entitled ‘‘Drawbridge Operation impact of this rule to be so minimal that Regulations; Anacostia River, a full Regulatory Evaluation under For the reasons discussed in the Washington, DC’’ in the Federal paragraph 10e of the regulatory policies preamble, the Coast Guard amends 33 Register (63 FR 19406). That regulation and procedures of DOT is unnecessary. CFR Part 117 as follows: Due to the small number of requests for was effective from April 2, 1998 to 11 PART 117Ð[AMENDED] p.m. on August 31, 1998. openings, the notification of affected Due to the unavailability of raw public vessels of the United States, and 1. The authority citation for part 117 materials and deficiencies in the ability of vessels at the nearby continues to read as follows: implementing corrective measures, an marina to clear the bridge’s closed- Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 extension was granted to complete the position vertical clearance, the impact CFR 1.05–1(g); Section 117.255 also issued repairs. On August 26, 1998, the Coast on routine navigation is expected to be under the authority of Pub. L. 102–587, 106 Guard published a Temporary Final minimal. Stat. 5039. Rule; extension of effective date entitled Small Entities 2. Effective December 4, 1998 through ‘‘Drawbridge Operation Regulations; January 31, 1999, Section 117.253 Anacostia River, Washington, DC’’ in Under the Regulatory Flexibility Act paragraph (a) is suspended and a new the Federal Register (63 FR 45396). That (5 U.S.C. 601–612), the Coast Guard paragraph (c) is added to read as regulation extension was effective from must consider whether this temporary follows: 11:01 p.m. August 31, 1998 through 11 final rule will have a significant p.m. November 23, 1998. economic impact on a substantial § 117.253 Anacostia River. With the continuing unavailability of number of small entities. ‘‘Small * * * * * raw material, a second extension has entities’’ include independently owned (c) From 8 a.m. on March 11, 1998 been requested by the contractor. The and operated small businesses that are until 11 p.m. on January 31, 1999, the Coast Guard has been assured by the not dominant in their field and that draw of the Frederick Douglass contractor and bridge owner by letter otherwise qualify as ‘‘small business Memorial (South Capitol Street) bridge Federal Register / Vol. 63, No. 241 / Wednesday, December 16, 1998 / Rules and Regulations 69193 need not be opened for the passage of repairs. On November 13, 1998, the 19, 1998, a timely withdrawal would be vessels. Coast Guard received a request from published in the Federal Register. EPA Dated: December 4, 1998. CMSL to schedule daytime closures of subsequently received an adverse Thomas E. Bernard, the bridge to facilitate the ongoing comment concerning one source- reconstruction of the drawbridge. No specific determination contained in the Captain, U.S. Coast Guard, Fifth Coast Guard District, Acting District Commander. openings were logged, since the bridge direct final rule. As a result, EPA is has been maintained in the fully open withdrawing its approval of the source- [FR Doc. 98–33223 Filed 12–15–98; 8:45 am] position to vessels since the late 1970’s. specific SIP revision for the Jersey BILLING CODE 4910±15±M The Coast Guard has advised the local Central Power & Light Company- Coast Guard units (USCG Group 52.1570(c)(64)(i)(A)(14). EPA will act on DEPARTMENT OF TRANSPORTATION Atlantic City and Station Cape May) of this source-specific SIP revision when the bridge’s inability to open for vessels New Jersey submits a revised reasonably Coast Guard on the requested times and dates, and available control technology they did not object. CMSL has ensured determination. EPA’s approval of the 33 CFR Part 117 that advance notification of the remaining fourteen source-specific SIP scheduled closures will be posted in the revisions announced in the direct final [CGD05±98±101] Atlantic City Press Cape May Edition, rule are not affected by today’s Drawbridge Operation Regulations; Additionally, the Coast Guard will withdrawal document. New Jersey Intracoastal Waterway; inform the commercial/recreational DATES: As of December 16, 1998, EPA Cape May Canal users of the waterway of the bridge withdraws the addition of 40 CFR closures in the weekly Notice to 52.1570(c)(64)(i)(A)(14) published in the AGENCY: Coast Guard, DOT. Mariners so that these vessels can Federal Register on October 20, 1998 ACTION: Notice of temporary deviation arrange their transits to avoid being (63 FR 55949). from regulations. negatively impacted by the temporary deviation. FOR FURTHER INFORMATION CONTACT: Ted SUMMARY: The Commander, Fifth Coast From 8 a.m. until 5 p.m., on 16, 17, Gardella, Air Programs Branch, Guard District has issued a temporary and 18, December 1998, this deviation Environmental Protection Agency, 290 deviation from the regulations allows the Cape May Canal Railroad Broadway, 25th Floor, New York, New governing the operation of the Cape May Bridge, ICW mile 115.1 in Cape May to York 10007–1866, (212) 637–4249. Canal Railroad Bridge across the remain closed. SUPPLEMENTARY INFORMATION: The July Intracoastal Waterway (ICW), mile Dated: December 4, 1998. 10, 1996 submittal included a 115.1, in Cape May, New Jersey. From Conditions of Approval Document (or 8 a.m. until 5 p.m., December 16, 17, Thomas E. Bernard, Captain, U.S. Coast Guard, Fifth Coast Guard permit) dated April 6, 1996 for Jersey and 18, 1998, the bridge will be Central Power and Light (JCP&L) maintained in the closed position. This District, Acting District Commander. [FR Doc. 98–33222 Filed 12–15–98; 8:45 am] Company’s four combined cycle closure is necessary to facilitate the combustion turbines at its Gilbert ongoing reconstruction of the bridge’s BILLING CODE 4910±15±M Generating Station in Holland swing span. Township, Hunterdon County, New DATES: This deviation is effective from Jersey. GPU Generation Corporation 8 a.m. until 5 p.m. each day on ENVIRONMENTAL PROTECTION (Genco), the operator of the JCP&L December 16, 17, and 18, 1998. AGENCY Gilbert Station, wrote to EPA on FOR FURTHER INFORMATION CONTACT: 40 CFR Part 52 November 19, 1998 and stated that the Ann B. Deaton, Bridge Administrator, Conditions of Approval Document for Fifth Coast Guard District, at (757) 398– [Region 2 Docket No. NJ32±183c, FRL± the Gilbert Station had been revised 6222. 6203±3] subsequent to its submittal to EPA by SUPPLEMENTARY INFORMATION: the State of New Jersey and requested The Cape Approval and Promulgation of that EPA withdraw the direct final rule May Canal Railroad Bridge is owned by Implementation Plans; Reasonably as it pertains to the Gilbert Station’s New Jersey Transit Corporation (NJT). Available Control Technology for turbines. The current regulations in Title 33 Code Oxides of Nitrogen for Specific of Federal Regulations, Section 117.41 Sources in the State of New Jersey Conclusion require the draw be maintained in the fully open position to permit the AGENCY: Environmental Protection EPA agrees with Genco’s November passage of vessels and drawtender Agency (EPA). 19, 1998 request and has determined service discontinued. The draw shall ACTION: Withdrawal of direct final rule. that withdrawal is warranted. Therefore, remain in the fully open position until this action withdraws 40 CFR drawtender service is restored or SUMMARY: Due to receipt of an adverse 52.1570(c)(64)(i)(A)(14) for JCP&L’s four authorization under Section 117.39 is comment, EPA is withdrawing a portion combined cycle combustion turbines at given for the draw to remain closed and of the direct final rule which approved the Gilbert Station. EPA will take action untended. revisions to the New Jersey State on the currently effective Conditions of Under an agreement with NJT and Implementation Plan. EPA published Approval Document when New Jersey Cape May Seashore Lines, Inc., (CMSL), the direct final rule on October 20, 1998 submits it to EPA. CMSL would be responsible for (63 FR 56086), approving four (4) List of Subjects in 40 CFR Part 52 reactivation of the rail service, the revisions consisting of fifteen (15) operation of the drawbridge and the source-specific reasonably available Environmental protection, Air bridge accessories. In December 1997, control technology determinations for pollution control, Incorporation by the Coast Guard approved the controlling oxides of nitrogen. As stated reference, Nitrogen dioxide, Ozone, reconstruction of the bridge for in the direct final rule, if adverse Reporting and recordkeeping mechanical, electrical and structural comments were received by November requirements.