issue-1996-03-15•Federal Register final rules — 1996-03-15
Federal Register final rules — 1996-03-15
issue-1996-03-15Federal Register final rules — 1996-03-15Regulation
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FR Doc. 96-6251 Pesticide Tolerances for Dimethenamid
[Federal Register Volume 61, Number 52 (Friday, March 15, 1996)]
[Rules and Regulations]
[Pages 10681-10684]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6251]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[PP 5F4549/R2213; FRL-5354-6]
RIN 2070-AB78
Pesticide Tolerances for Dimethenamid
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final Rule.
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SUMMARY: This regulation establishes tolerances for residues of the
herbicide,
[[Page 10682]]
dimethenamid, 1(R,S)-2-chloro-N-[(1-methyl-2-methoxy)ethyl]-N-(2,4-
dimethylthien-3-yl)-acetamide in or on the raw agricultural commodities
(RAC's) dry beans, peanut hay, peanut nutmeat, sorghum grain fodder,
sorghum grain forage, sorghum grain, sweetcorn (kernels plus cobs with
husks removed), sweetcorn fodder (stover) and sweetcorn forage at 0.01
parts per million (ppm). This regulation to establish the maximum
permissible level of residues of the herbicide in or on these
commodities was requested in a petition submitted by Sandoz Agro Inc.
DATES: This regulation becomes effective March 15, 1996.
ADDRESSES: Written objections and hearing requests, identified by the
docket number, [PP 5F4549/R2213], may be submitted to: Hearing Clerk
(1900), Environmental Protection Agency, Rm. M3708, 401 M St., SW.,
Washington, DC 20460. A copy of any objections and hearing requests
filed with the Hearing Clerk should be identified by the docket number
and submitted to: Public Response and Program Resources Branch, Field
Operations Division (7506C), Office of Pesticide Programs,
Environmental Protection Agency, 401 M St., SW., Washington, DC 20460.
In person, bring copies of objections and hearing requests to Rm. 1132,
CM #2, 1921 Jefferson Davis Hwy., Arlington, VA 22202. Fees
accompanying objections shall be labeled ``Tolerance Petition Fees''
and forwarded: EPA Headquarters Accounting Operations Branch, OPP
(Tolerance Fees), P.O. Box 360277M, Pittsburgh, PA 15251. An electronic
copy of objections and hearing requests filed with the Hearing Clerk
may be submitted to OPP by sending electronic mail (e-mail) to: opp-
[email protected].
Copies of electronic objections and hearing requests must be
submitted as an ASCII file avoiding the use of special characters and
any form of encryption. Copies of electronic objections and hearing
requests will also be accepted on disks in WordPerfect 5.1 file format
or ASCII file format. All copies of electronic objections and hearing
requests must be identified by the docket number [PP 5F4549/R2213]. No
Confidential Business Information (CBI) should be submitted through e-
mail. Copies of electronic objections and hearing requests on this rule
may be filed online at many Federal Depository Libraries. Additional
information on electronic submissions can be found below in this
document.
FOR FURTHER INFORMATION CONTACT: By mail: Theresa A. Stowe, Acting Team
Leader, Product Manager (PM) 22, Registration Division, Environmental
Protection Agency, 401 M St., SW., Washington, DC 20460. Office
location and telephone number: Room 229, CM #2, 1921 Jefferson Davis
Highway, Arlington, VA 22202, (703-305-5540), e-mail:
[email protected].
SUPPLEMENTARY INFORMATION: EPA issued a notice published in the Federal
Register on November 15, 1995 (60 FR 57419) which announced that Sandoz
Agro Inc., 1300 East Touhy Avenue, Des Plaines, IL 60018, had submitted
a pesticide petition (PP 5F4549) to EPA requesting that the
Administrator, pursuant to section 408(d) of the Federal Food, Drug,
and Cosmetic Act (FFDCA), 21 U.S.C. 346a(d), amend 40 CFR 180.464 to
establish tolerances for the residues of the herbicide, dimethenamid,
2-chloro-N-[(1-methyl-2-methoxy)ethyl]-N-(2,4-dimethylthien-3-yl)-
acetamide in or on the RAC's grain sorghum, sorghum fodder and sorghum
forage at 0.1 ppm, dry beans seed and dry bean straw/hay at 0.1 ppm,
sweetcorn (kernel plus cob with husk removed), sweetcorn forage,
sweetcorn dry grain, and sweet corn fodder (stover) at 0.01 ppm, and
peanut nutmeat, peanut forage, peanut hay and peanut hulls at 0.02 ppm.
Sandoz Agro Inc. subsequently amended the chemical name to read 1(R,S)-
2-chloro-N-[(1-methyl-2-methoxy)ethyl]-N-(2,4-dimethylthien-3-
yl)acetamide and corrected the RAC's to read dry beans, peanut hay,
peanut nutmeat, sorghum grain fodder, sorghum grain forage, sorghum
grain, sweetcorn (Kernels plus cobs with husks removed), sweetcorn
fodder (stover) and sweetcorn forage, and lowered the peanut tolerances
to 0.01 ppm. There were no comments or requests for referral to an
advisory committee received in response to this notice of filing.
The data submitted in the petitions and all other relevant material
have been evaluated. The toxicology data considered in support of the
tolerances include:
1. A rat acute oral study with an LD50 of 2.14 grams (g)/
kilogram (kg), males, 1.30 g/kg females and 1.57 g/kg combined.
2. A 13-week rat feeding study with a no-observed effect level
(NOEL) of 500 ppm (33.5 milligrams (mg)/kg/day for males and 40.1 mg/
kg/day for females).
3. A 13-week dog feeding study with a NOEL of 100 ppm (2.5 mg/kg/
day).
4. A 21 day rabbit dermal study with a NOEL of 50 mg/kg/day with
minimal to mild skin irritation at all dose levels.
5. A carcinogenicity study in mice with no carcinogenic effects
observed at any dose level under the conditions of the study and a
systemic NOEL of 300 ppm (40.8 mg/kg/day for males and 40.1 mg/kg/day
for females) and a systemic lowest effect level (LEL) of 1,500 ppm (205
mg/kg day for males and 200 mg/kg/day for females) based on
statistically significantly elevated corrected liver and kidney
weights.
6. A rat chronic feeding/carcinogenicity study with a systemic NOEL
of 100 ppm (5 mg/kg/day) and a LEL of 700 ppm (35 mg/kg/day) due to
decreased food efficiency and histopathology findings. Under the
conditions of the study limited evidence of carcinogenicity was
observed based on a statistically significant increasing trend for
benign liver cell tumors in male rats and a statistically significant
increasing trend for ovarian tubular adenomas in female rats. A
reevaluation of the ovarian neoplasia data indicated that there was no
statistically significant, dose-related, trend in the incidence of
ovarian tumors in female rats. This study is discussed further below.
7. A 1 year dog feeding study with a NOEL of 250 ppm (9.6 mg/kg/
day) and with a LEL = 1,250 ppm (49 mg/kg/day) based on clinical
chemistry and histological changes in liver.
8. A two generation reproduction study in rats with a parental and
reproductive NOEL of 500 ppm (36 mg/kg/day for males and 40 mg/kg/day
for females) and a parental and reproductive LEL of 2,000 ppm (150 mg/
kg/day for males and 160 mg/kg/day for females) based on reduction of
body weight and of food consumption, and increases in liver weights
(parental toxicity), and significant reductions in pup weight during
lactation (reproductive toxicity).
9. A rabbit developmental study with a maternal NOEL of 37.5 mg/kg/
day and a LEL of 75 mg/kg/day based on decreased body weight and food
consumption, and with a developmental NOEL of 75 mg/kg and a LEL of 150
mg/kg/day based on a low incidence of abortion/premature delivery and
angulation of the hyoid alae.
10. A rat developmental study with a maternal NOEL of 50 mg/kg/day
and a LEL of 215 mg/kg/day based on excess salivation, increased liver
weight and reduced body weight gain and food consumption, and with a
developmental NOEL of 215 mg/kg/day and a LEL of 425 mg/kg/day based on
increased resorptions.
11. An Ames mutagenicity assay negative with and without
activation, an in vitro chromosomal aberration using
[[Page 10683]]
CHO cells weakly positive with and without activation, a negative mouse
bone marrow micronucleus study, a negative BALB/3T3 cell transformation
study, an unscheduled DNA synthesis in rat hepatocytes unequivocally
positive in one in vitro assay, negative in another in vitro assay, and
negative in one in vivo study, and a positive dominant lethal study.
To further evaluate the mutagenic mechanism a heritable
translocation study is due March 15, 1998 (2 years after the date of
the conditional registration of dimethenamid for dry beans, peanuts,
sorghum and sweet corn under the Federal Insecticide Fungicide and
Rodenticide Act [FIFRA]).
The Agency has concluded that the available data provide limited
evidence of carcinogenicity for dimethenamid in rats and has classified
the pesticide as a Category C carcinogen (possible human carcinogen
with limited evidence of carcinogenicity in animals) in accordance with
Agency guidelines, published in the Federal Register in 1986 (51 FR
33992). Based on a review by the Health Effects Division Peer Review
Committee for Carcinogenicity of the Office of Pesticide Programs, the
Agency has determined that a quantitative risk assessment is not
appropriate for the following reasons:
1. The tumor response was primarily due to a significantly
increasing trend for benign and/or malignant liver tumors in males and
due to a significantly increasing trend for ovarian tubular adenomas in
female rats. A re-evaluation of the ovarian neoplasia data indicated
that there was not a statistically significant, dose-related, trend in
the incidence of ovarian tumors in female rats.
2. The chemical was not carcinogenic when administered in the diet
to mice at dose levels ranging from 30 to 3,000 ppm.
Based on this evidence, EPA concludes that dimethenamid poses at
most a negligible cancer risk to humans and that for purposes of risk
characterization the Reference Dose (RfD) approach should be used for
quantification of human risk. Residues of dimethenamid will not
concentrate in processed sweet corn, peanut, sorghum or dry bean
commodities and a food or feed additive regulation is not required for
dimethenamid.
The standard risk assessment approach of using the RfD based on
systemic toxicity was applied to dimethenamid. Using a 100-fold safety
factor and the NOEL of 5 mg/kg bwt/day determined by the most sensitive
species from the 2-year rat feeding study, the RfD is 0.05 mg/kg/day.
The Anticipated Residue Contribution (ARC) from the established
tolerances is 0.000071 mg/kg bwt/day and utilizes 0.14 percent of the
RfD for the overall U. S. population. The proposed use on dry beans,
peanuts, sorghum and sweetcorn would contribute an additional 0.000005
mg/kg/day, raising the ARC to 0.000076 mg/kg bwt/day, or 0.152 percent
of the RfD. For exposure of the most highly exposed subgroups in the
population, Non-nursing infants (1 year old), the TMRC is 0.000341 mg/
kg/day and utilizes 0.683 percent of the RfD.
Tolerances have been previously established for dimethenamid in
corn grain, corn fodder, corn forage and soybeans. The metabolism of
dimethenamid in plants is adequately understood. There is no reasonable
expectation of secondary residues occurring in meat, milk and eggs from
the tolerance associated with this petition.
An adequate analytical method, gas chromatography, is available for
enforcement purposes. Because of the long lead time from establishing
these tolerances to publication of the enforcement methodology in the
Pesticide Analytical Manual, Vol. II, the analytical methodology is
being made available in the interim to anyone interested in pesticide
enforcement when requested from: Calvin Furlow, Public Response and
Program Resources Branch, Field Operations Division (7506C), Office of
Pesticide Programs, Environmental Protection Agency, 401 M St., SW.,
Washington, DC 20460. Office location and telephone number: Room 1130A,
CM #2, 1921 Jefferson Davis Highway, Arlington, VA 22202, (703-305-
5937).
The pesticide is considered useful for the purposes for which the
tolerances are sought. Based on the information and data considered,
the Agency concludes that the establishment of the tolerances will
protect the public health. Therefore, the tolerances are established as
set forth below.
Any person adversely affected by this regulation may, within 30
days after publication of this document in the Federal Register, file
written objections to the regulation and may also request a hearing on
those objections. Objections and hearing requests must be filed with
the Hearing Clerk, at the address given above (40 CFR 178.20). A copy
of the objections and/or hearing requests filed with the Hearing Clerk
should be submitted to the OPP docket for this rulemaking. The
objections submitted must specify the provisions of the regulation
deemed objectionable and the grounds for the objections (40 CFR
178.25). Each objection must be accompanied by the fee prescribed by 40
CFR 180.33(i). If a hearing is requested, the objections must include a
statement of the factual issue(s) on which a hearing is requested, the
requestor's contentions on such issues, and a summary of any evidence
relied upon by the objector (40 CFR 178.27). A request for a hearing
will be granted if the Administrator determines that the material
submitted shows the following: There is genuine and substantial issue
of fact; there is a reasonable possibility that available evidence
identified by the requestor would, if established, resolve one or more
of such issues in favor of the requestor, taking into account
uncontested claims or facts to the contrary; and resolution of the
factual issue(s) in the manner sought by the requestor would be
adequate to justify the action requested (40 CFR 178.32).
EPA has established a record for this rulemaking under docket
number [PP 5F4549] (including any comments and data submitted
electronically). A public version of this record, including printed,
paper versions of electronic comments, which does not include any
information claimed as CBI, is available for inspection from 8 a.m. to
4:30 p.m., Monday through Friday, excluding legal holidays. The public
record is located in Room 1132 of the Public Response and Program
Resources Branch, Field Operations Division (7506C), Office of
Pesticide Programs, Environmental Protection Agency, Crystal Mall #2,
1921 Jefferson Davis Highway, Arlington, VA.
Electronic comments may be sent directly to EPA at:
[email protected].
Electronic comments must be submitted as an ASCII file avoiding the
use of special characters and any form of encryption.
The official record for this rulemaking, as well as the public
version, as described above will be kept in paper form. Accordingly,
EPA will transfer any copies of objections and hearing requests
received electronically into printed, paper form as they are received
and will place the paper copies in the official rulemaking record which
will also include all comments submitted directly in writing. The
official rulemaking record is the paper record maintained at the
address in ``ADDRESSES'' at the beginning of this document.
Under Executive Order 12866 (58 FR 51735, October 4, 1993), the
Agency must determine whether the regulatory action is ``significant''
and therefore subject to all the requirements of the
[[Page 10684]]
Executive Order (i.e., Regulatory Impact Analysis, review by the Office
of Management and Budget (OMB)). Under section 3(f), the order defines
``significant'' as those actions likely to lead to a rule (1) having an
annual effect on the economy of $100 million or more, or adversely and
materially affecting a sector of the economy, productivity,
competition, jobs, the environment, public health or safety, or State,
local or tribal governments or communities (also known as
``economically significant''); (2) creating serious inconsistency or
otherwise interfering with an action taken or planned by another
agency; (3) materially altering the budgetary impacts of entitlement,
grants, user fees, or loan programs; or (4) raising novel legal or
policy issues arising out of legal mandates, the President's
priorities, or the principles set forth in this Executive Order.
Pursuant to the terms of this Executive Order, EPA has determined
that this rule is not ``significant'' and is therefore not subject to
OMB review.
Pursuant to the requirements of the Regulatory Flexibility Act
(Pub. L. 96-354, 94 Stat. 1164, 5 U.S.C. 601-612), the Administrator
has determined that regulations establishing new tolerances or raising
tolerance levels or establishing exemptions from tolerance requirements
do not have a significant economic impact on a substantial number of
small entities. A certification statement to this effect was published
in the Federal Register of May 4, 1981 (46 FR 24950).
List of Subjects In 40 CFR Part 180
Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements
Dated: March 6, 1996.
Peter Caulkins,
Director, Registration Division, Office of Pesticide Porgrams.
Therefore, chapter I of title 40 Code of Federal Regulations is
amended as follows:
PART 180--[AMENDED]
1. The authority citation for Part 180 continues to read as
follows:
Authority: 21 U.S.C. 346a and 371.
2. In Sec. 180.464, by revising the introductory paragraph and
amending the table by alphabetically adding the raw agricultural
commodities, ``corn, sweet, fodder (stover)'' and ``corn, sweet,
forage,'' ``corn, sweet (Kernels plus cobs with husks removed),'' ``dry
beans,'' ``peanut hay,'' ``peanut nutmeat,'' ``sorghum grain fodder,''
``sorghum grain forage,'' ``sorghum grain'', to read as follows:
Sec. 180.464 Dimethenamid, 1(R,S)-2-chloro-N-[(1-methyl-
2methoxy)ethyl]-N-(2,4-dimethylthien-3-yl)-acetamide; tolerance for
residues.
Tolerances are established for residues of the herbicide
dimethenamid, 1(R,S)-2-chloro-N-[(1-methyl-2-methoxy)ethyl]-N-(2,4-
dimethylthien-3-yl)-acetamide in or on the following raw agricultural
commodities:
------------------------------------------------------------------------
Parts
Commodities per
million
------------------------------------------------------------------------
Beans, dry..................................................... 0.01
* * * * *
Corn, sweet, fodder (stover)................................... 0.01
Corn, sweet, forage............................................ 0.01
Corn, sweet (Kernels plus cobs with husks removed)............. 0.01
Peanut, hay.................................................... 0.01
Peanut, nutmeat................................................ 0.01
Sorghum, grain, fodder......................................... 0.01
Sorghum, grain, forage......................................... 0.01
Sorghum, grain................................................. 0.01
* * * * *
------------------------------------------------------------------------
[FR Doc. 96-6251 Filed 3-14-96; 8:45 am]
BILLING CODE 6560-50-F
Complete official Federal Register PDF
FR Doc. 96-6250 Cyfluthrin; Pesticide Tolerance
[Federal Register Volume 61, Number 52 (Friday, March 15, 1996)]
[Rules and Regulations]
[Pages 10678-10681]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6250]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 180
[PP 4F4309/R2216; FRL-5354-9]
RIN 2070-AB78
Cyfluthrin; Pesticide Tolerance
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: This document establishes time-limited tolerances with an
expiration date of November 15, 1997, for residues of the synthetic
pyrethroid cyfluthrin in or on the raw agricultural commodities (RAC's)
alfalfa, sunflowers, and fat of cattle, goats, horses, hogs, and sheep;
and an expiration date of July 5, 1999 for residues of cyfluthrin in or
on sweet corn. The proposed tolerances and regulations to establish a
maximum permissible level for residues of the pesticide was requested
in a petition submitted by Bayer Corp. (formerly Miles Corp.).
EFFECTIVE DATE: This regulation becomes effective March 15, 1996.
ADDRESSES: Written objections and hearing requests, identified by the
document control number, [PP 4F4309/R2216], may be submitted to:
Hearing Clerk (1900), Environmental Protection Agency, Rm. M3708, 401 M
St., SW., Washington, DC 20460. A copy of any objections and hearing
requests filed with the Hearing Clerk should be identified by the
document control number and submitted to: Public Response and Program
Resources Branch, Field Operations Division (7506C), Office of
Pesticide Programs, Environmental Protection Agency, 401 M St., SW.,
Washington, DC 20460. In
[[Page 10679]]
person, bring copy of objections and hearing requests to Rm. 1132, CM
#2, 1921 Jefferson Davis Hwy., Arlington, VA 22202. Fees accompanying
objections shall be labeled ``Tolerance Petition Fees'' and forwarded:
EPA Headquarters Accounting Operations Branch, OPP (Tolerance Fees),
P.O. Box 360277M, Pittsburgh, PA 15251. An electronic copy of
objections and hearing requests filed with the Hearing Clerk may be
submitted to OPP by sending electronic mail (e-mail) to: opp-
[email protected].
Copies of electronic objections and hearing requests must be
submitted as an ASCII file avoiding the use of special characters and
any form of encryption. Copies of electronic objections and hearing
requests will also be accepted on disks in WordPerfect 5.1 file format
or ASCII file format. All copies of electronic objections and hearing
requests must be identified by the docket number [PP 4F4309/R2216]. No
Confidential Business Information (CBI) should be submitted through e-
mail. Copies of electronic objections and hearing requests on this rule
may be filed online at many Federal Depository Libraries. Additional
information on electronic submissions can be found below in this
document.
FOR FURTHER INFORMATION CONTACT: By mail: George T. LaRocca, Product
Manager (PM) 13, Registration Division (7505C), Office of Pesticide
Programs, Environmental Protection Agency, 401 M St., SW., Washington,
DC 20460. Office location and telephone number: Rm. 200, CM #2, 1921
Jefferson Davis Hwy., Arlington, VA 22202, 703-305-6100; e-mail:
[email protected].
SUPPLEMENTARY INFORMATION: EPA issued a public notice, published in the
Federal Register of July 13, 1994 (59 FR 35719), which announced that
Bayer Corp. had submitted pesticide petition (PP) 4F4309 and feed
additive petition (FAP) 4H5686 to EPA.
Pesticide petition (PP) 4F4309 requests that the Administrator,
pursuant to sections 408(d) of the Federal Food, Drug, and Cosmetic Act
(FFDCA), 21 U.S.C. 346a(d) and 348(b), amend 40 CFR 180.436 by
establishing tolerances for residues of the insecticide cyfluthrin,
[cyano[4-fluoro-3-phenoxyphenyl]- methyl-3-[2,2-dicloroethenyl]-2,2-
dimethylcyclopropanecarboxylate] in or on the raw agricultural
commodities (RACs) sweet corn, forage at 54.0 ppm; alfalfa, hay at 10.0
ppm; soybean, forage at 10.0 ppm; alfalfa, forage at 5.0 ppm; soybean,
hay at 1.5 ppm; sunflower, forage at 1.0 ppm; sweet corn at 0.05 ppm;
soybeans at 0.03 ppm and sunflower, seed at 0.02 ppm.
Food/feed additive petition (FAP) 4H5686 requests that the
Administrator pursuant to section 409(e) of the FFDCA (21 U.S.C.
348(e)) amend 40 CFR 186.1250 by establishing a food/feed additive
regulation for cyfluthrin in or on sunflower hulls at 2.5 ppm and
soybean hulls at 0.1 ppm.
On September 18, 1995, Bayer Corp. requested (60 FR 64059, December
13, 1995) that the pesticide petition (4F4309) be amended by decreasing
the proposed tolerances on sweet corn forage from 54.0 ppm to 30.0 ppm;
increasing tolerances for fat of cattle, goats, hogs, horses and sheep
from 0.05 ppm to 5.0 ppm; establishing a tolerance of 15.0 ppm for
milkfat (representing 0.5 ppm in whole milk); and withdrawing proposed
tolerances for soybean forage, soybean hay, and soybeans; and the food/
feed additive regulation petition (3H5686) for sunflower hulls at 2.5
ppm and soybeans hulls at 0.1 ppm without prejudice to future filing.
On November 3, 1995, Bayer Corp. requested that the pesticide petition
(4F4309) be further amended by reducing the tolerances for fat of
cattle, goats, hogs, horses and sheep from 5.0 ppm to 1.0 ppm; and
withdrawing the tolerance for milkfat. An increased milkfat tolerance
was established in (59 FR 53130, May 31, 1995) at 2.5 ppm (reflecting
0.08 ppm in whole milk) which adequately addresses secondary tolerances
for this proposed action. This amendment also addressed EPA's
preference for the sweet corn tolerance to be expressed in terms of
kernel plus cob with husk removed (K+CWHR).
There were no comments or requests to the advisory committee
received in response to the initial and amended notices of filing.
The data base for cyfluthrin is essentially complete. Data lacking
but desirable are a new 21-day subchronic dermal study, an acute
neurotoxicity study in rats, and a 90-day neurotoxicity study in rats
and a dermal sensitization study on the end use product Baythroid 2.
Although these data are lacking, the Agency believes it has sufficient
toxicity data to support the proposed tolerance, and these missing data
will not significantly change its risk assessment. In a letter dated
April 20, 1995, Bayer Corp. has committed to submit the 21-day
subchronic dermal study by June 1996, the acute neurotoxicity study by
December 1996, and the 90-day neurotoxicity study by May 1997. On
October 12, 1995, Bayer Corp submitted to the Agency a dermal
sensitization study on Baythroid 2.
The scientific data submitted in the petition and other relevant
material have been evaluated. The toxicology data submitted in support
of the tolerance include:
1. A 12-month chronic feeding study in dogs with a no-observed-
effect level (NOEL) of 4 mg/kg/day. The lowest-effect level (LEL) for
this study is established at 16 mg/kg/day, based on slight ataxia,
increased vomiting, diarrhea, and decreased body weight.
2. A 24-month chronic feeding/carcinogenicity study in rats with a
NOEL of 2.5 mg/kg/day and LEL of 6.2 mg/kg/day, based on decreased body
weights in males, decreased food consumption in males, and inflammatory
foci in the kidneys in females. There were no carcinogenic effects
observed under the conditions of the study.
3. A 24-month carcinogenicity study in mice. There were no
carcinogenic effects observed under the conditions of the study.
4. An oral developmental toxicity study in rats with a maternal and
fetal NOEL of 10 mg/kg/day (highest dose tested). An oral developmental
toxicity study in rabbits with a maternal NOEL of 20 mg/kg/day and a
maternal LEL of 60 mg/kg/day, based on decreased body weight gain and
decreased food consumption during the dosing period. A fetal NOEL of 20
mg/kg/day and a fetal LEL of 60 mg/kg/day were also observed in this
study. The LEL was based on increased resorption and increased
postimplantation loss.
5. A developmental toxicity study in rats by the inhalation route
of administration with a maternal NOEL of 0.0011 mg/L and an LEL of
0.0047 mg/L, based on reduced mobility, dyspnea, piloerection,
ungroomed coats, and eye irritation. The fetal NOEL is 0.00059 mg/L,
and the fetal LEL is 0.0011 mg/L, based on sternal anomalies and
increased incidence of runts. A second developmental toxicity study in
rats by the inhalation route of administration is currently under
review. The issue of whether cyfluthrin directly induces fetotoxicity
under these conditions is unresolved at this time.
6. A 3-generation reproduction study in rats with a systemic NOEL
of 2.5 mg/kg/day and a systemic LEL of 7.5 mg/kg/day due to decreased
parent and pup body weights. The reproductive NOEL and LEL are 7.5 mg/
kg/day and 22.5 mg/kg/day, respectively.
7. Mutagenicity tests, including several gene mutation assays
(reverse mutation and recombination assays in bacteria and a Chinese
hamster ovary(CHO)/HGPRT assay); a structural chromosome aberration
assay (CHO/
[[Page 10680]]
sister chromatid exchange assay); and an unscheduled DNA synthesis
assay in rat hepatocytes. All tests were negative for genotoxicity.
8. A metabolism study in rats showing that cyfluthrin is rapidly
absorbed and excreted, mostly as conjugated metabolites in the urine,
within 48 hours. An enterohepatic circulation was observed.
A chronic dietary exposure/risk assessment was performed for
cyfluthrin using a Reference Dose (RfD) of 0.025 mg/kg bwt/day, based
on a NOEL of 50 ppm (2.5 mg/kg bwt/day) and an uncertainty factor of
100. The NOEL was determined in a 2-year rat feeding study. The
endpoint effects of concern were decreased body weights in males and
inflammation of the kidneys in females at the LEL of 150 ppm (6.2 mg/
kg/day). The current estimated dietary exposure for the overall U.S.
population resulting from established tolerances is 0.003403 mg/kg bwt/
day, which represents 13.6% of the RfD. The current action will
increase exposure to 0.003766 mg/kg/bwt/day of 15% of the RfD. The
current estimated dietary exposure for the subgroup population exposed
to the highest risk, non-nursing infants less than 1 year old, is
0.010622 mg/kg bwt/day, which represents 42.5% of the RfD. The current
action will increase exposure to 0.010850 mg/kg bwt/day or 43.4% of the
RfD. Generally speaking, EPA has no cause for concern if total residue
contribution for published and proposed tolerances is less than the
RfD. EPA concludes that the chronic dietary risk of cyfluthrin, as
estimated by the dietary risk assessment, does not appear to be of
concern.
Because there was a sign of developmental effects seen in animal
studies, the Agency used the rabbit developmental toxicity study with a
maternal NOEL of 20 mg/kg/day to assess acute dietary exposure and
determine a margin of exposure (MOE) for the overall U.S. population
and certain subgroups. Since the toxicological end-point pertains to
developmental toxicity, the population group of concern for this
analysis is women aged 13 and above, the subgroup which most closely
approximates women of child-bearing age. The MOE is calculated as the
ratio of the NOEL to the exposure. For this analysis the Agency
calculated the MOE for women ages 13 and above to be 666. Generally
speaking, MOE's greater than 100 for data derived from animal studies
are regarded as showing no appreciable risk.
The metabolism of cyfluthrin in plants and livestock for this use
is adequately understood. The residue of concern is cyfluthrin per se.
An adequate analytical method, gas-liquid chromatography, is available
for enforcement purposes. The enforcement methodology has been
submitted to the Food and Drug Administration for publication in the
Pesticide Analytical Manual, Vol. II (PAM II). Because of the long lead
time for publication of the method in PAM II, the analytical
methodology is being made available in the interim to anyone interested
in pesticide enforcement when requested from: Calvin Furlow, Public
Response and Program Resources Branch, Field Operations Divisions
(7506C), Office of Pesticide Programs, Environmental Protection Agency
401 M St., Washington, DC 20460. Office location and telephone number:
Rm. 1132, CM #2, 1921 Jefferson Davis Hwy., Arlington, VA 22202, 703-
305-5232.
On August 5, 1988, EPA issued a conditional registration and time-
limited tolerance for cyfluthrin for use on cottonseed with an
expiration date of October 31, 1991 (see the Federal Register of August
15, 1988 (53 FR 30676)). On November 12, 1992, the conditional
registration was amended and extended to November 15, 1993, and the
tolerance on cottonseed extended to November 15, 1994 (see the Federal
Registers of October 20, 1993 (58 FR 54094) and February 22, 1994 (54
FR 9411)). On November 15, 1993, EPA amended the conditional
registration on cottonseed by extending the expiration date to November
15, 1996, and extending the time-limited tolerance to November 15,
1997. The conditional registration was amended and extended to allow
time for submission and evaluation of additional environmental effects
data. In order to evaluate the effects of cyfluthrin on fish and
aquatic organisms and its fate in the environment, additional data were
required to be collected and submitted during the period of conditional
registration. Such requirements included a sediment bioavailability and
toxicity study and a small-plot runoff study that must be submitted to
the Agency by July 1, 1996. To be consistent with the conditional
registration and extension on cottonseed, the Agency is proposing to
issue a conditional registration with an expiration date of November
15, 1996, and establish a time-limited tolerance on alfalfa (forage and
hay), sunflowers (forage and hay) and livestock animal commodities with
an expiration date of November 15, 1997, to cover residues expected to
result from use during the period of conditional registration.
On July 5, 1995 EPA issued a conditional registration and time-
limited tolerance for cyfluthrin use in or on corn (field, pop and
sweet) in combination with another insecticide O-[2-(1-dimethylethyl)-
5-pyrimidinyl]O-ethyl-O-(1-methylethyl)phosphorothioate with an
expiration date of July 5, 1999. See the Federal Register of Wednesday,
July 5, 1995 (60 FR 34874). Because of the lack of mammalian
neurotoxicity studies for the other insecticide, the Agency limited the
period of time that the regulation is to be in effect to allow time for
submission and evaluation of the data. To be consistent with the
conditional registration and the regulation for establishing a time-
limited tolerance for the other insecticide, the Agency is issuing a
time-limited tolerance with an expiration date of July 5, 1999 for
residues of cyfluthrin in or on sweet corn, forage and fodder.
Residues remaining in or on the above commodities after expiration
of these tolerances will not be considered actionable if the pesticide
is legally applied during the term of and in accordance with provisions
of the conditional registration.
There are currently no actions pending against the continued
registration of this chemical.
The pesticide is considered useful for the purposes for which it is
sought and capable of achieving its intended physical or technical
effect. Based on the information and data considered, the Agency has
determined that the tolerances established by amending 40 CFR part 180
would protect the public health and that use of the pesticide in
accordance with the tolerance established by amending 40 CFR part 186
would be safe. Therefore, the tolerances are established as set forth
below.
Any person adversely affected by this regulation may, within 30
days after publication of this document in the Federal Register, file
written objections to the regulation and may also request a hearing on
those objections. Objections and hearing requests must be filed with
the Hearing Clerk, at the address given above (40 CFR 178.20). A copy
of the objections and/or hearing requests filed with the Hearing Clerk
should be submitted to the OPP docket for this rulemaking. The
objections submitted must specify the provisions of the regulation
deemed objectionable and the grounds for the objections (40 CFR
178.25). Each objection must be accompanied by the fee prescribed by 40
CFR 180.33(i). If a hearing is requested, the objections must include a
[[Page 10681]]
statement of the factual issue(s) on which a hearing is requested, the
requestor's contentions on such issues, and a summary of any evidence
relied upon by the objector (40 CFR 178.27). A request for a hearing
will be granted if the Administrator determines that the material
submitted shows the following: There is genuine and substantial issue
of fact; there is a reasonable possibility that available evidence
identified by the requestor would, if established, resolve one or more
of such issues in favor of the requestor, taking into account
uncontested claims or facts to the contrary; and resolution of the
factual issue(s) in the manner sought by the requestor would be
adequate to justify the action requested (40 CFR 178.32).
A record has been established for this rulemaking under docket
number [PP 4F4309/R2216] (including objections and hearing requests
submitted electronically as described below). A public version of this
record, including printed, paper versions of electronic comments, which
does not include any information claimed as CBI, is available for
inspection from 8 a.m. to 4:30 p.m., Monday through Friday, excluding
legal holidays. The public record is located in Room 1132 of the Public
Response and Program Resources Branch, Field Operations Division
(7506C), Office of Pesticide Programs, Environmental Protection Agency,
Crystal Mall #2, 1921 Jefferson Davis Highway, Arlington, VA.
Written objections and hearing requests, identified by the document
control number [PP 4F4309/R2216], may be submitted to the Hearing Clerk
(1900), Environmental Protection Agency, Rm. 3708, 401 M St., SW.,
Washington, DC 20460.
A copy of electronic objections and hearing requests filed with the
Hearing Clerk can be sent directly to EPA at:
opp-D[email protected]
A copy of electronic objections and hearing requests filed with the
Hearing Clerk must be submitted as an ASCII file avoiding the use of
special characters and any form of encryption.
The official record for this rulemaking, as well as the public
version, as described above will be kept in paper form. Accordingly,
EPA will transfer any objections and hearing requests received
electronically into printed, paper form as they are received and will
place the paper copies in the official rulemaking record which will
also include all objections and hearing requests submitted directly in
writing. The official rulemaking record is the paper record maintained
at the address in ``ADDRESSES'' at the beginning of this document.
Under Executive Order 12866 (58 FR 51735, October 4, 1993), the
Agency must determine whether the regulatory action is ``significant''
and therefore subject to all the requirements of the Executive Order
(i.e., Regulatory Impact Analysis, review by the Office of Management
and Budget (OMB)). Under section 3(f), the order defines
``significant'' as those actions likely to lead to a rule (1) having an
annual effect on the economy of $100 million or more, or adversely and
materially affecting a sector of the economy, productivity,
competition, jobs, the environment, public health or safety, or State,
local, or tribal governments or communities (also known as
``economically significant''); (2) creating serious inconsistency or
otherwise interfering with an action taken or planned by another
agency; (3) materially altering the budgetary impacts of entitlement,
grants, user fees, or loan programs; or (4) raising novel legal or
policy issues arising out of legal mandates, the President's
priorities, or the principles set forth in this Executive Order.
Pursuant to the terms of this Executive Order, EPA has determined
that this rule is not ``significant'' and is therefore not subject to
OMB review.
Pursuant to the requirements of the Regulatory Flexibility Act
(Pub. L. 96-354, 94 Stat. 1164, 5 U.S.C. 601-612), the Administrator
has determined that regulations establishing new tolerances or raising
tolerance levels or establishing exemptions from tolerance
requirements, or establishing or raising food additive regulations do
not have a significant economic impact on a substantial number of small
entities. A certification statement to this effect was published in the
Federal Register of May 4, 1981 (46 FR 24950).
List of Subjects in 40 CFR Part 180
Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.
Dated: March 6, 1996.
Peter Caulkins,
Acting Director, Registration Division, Office of Pesticide Programs.
Therefore, chapter I of title 40 of the Code of Federal Regulations
is amended as follows:
PART 180--[AMENDED]
a. The authority citation of part 180 continues to read as follows:
Authority: 21 U.S.C. 346a and 371.
b. In Sec. 180.436, the table to paragraph (a) by adding
alphabetically entries for ``alfalfa, forage'', ``alfalfa, hay'',
``sunflower, forage'', and ``sunflower, seed'', and by revising the
entries ``cattle, fat'', ``goats, fat'', ``hogs, fat'', ``horses,
fat'', and ``sheep, fat'', and in paragraph (b) by revising the table,
to read as follows:
Sec. 180.436 Cyfluthrin, tolerances for residues.
(a) * * *
------------------------------------------------------------------------
Parts per
Commodity million Expiration date
------------------------------------------------------------------------
* * * * *
Alfalfa, forage......................... 5.00 Nov. 15, 1997
alfalfa, hay............................ 10.00 Do.
Cattle, fat............................. 1.00 Do.
Goats, fat.............................. 1.00 Do.
Hogs, fat............................... 1.00 Do.
Horses, fat............................. 1.00 Do.
Sheep, fat.............................. 1.00 Do.
Sunflower, forage....................... 1.00 Do.
Sunflower, seed......................... 0.02 Do.
* * * * *
------------------------------------------------------------------------
(b) * * *
------------------------------------------------------------------------
Parts per Expiration
Commodity million date
------------------------------------------------------------------------
Corn, forage and fodder, field and pop........ 0.01 July 5,
1999
Corn, grain, field and pop.................... 0.01 Do.
Corn, sweet, (K+CWHR)......................... 0.05 Do
Corn, sweet, fodder........................... 15.00 Do.
Corn, sweet, forage........................... 30.00 Do.
------------------------------------------------------------------------
[FR Doc. 96-6250 Filed 3-14-96, 8:45 am]
BILLING CODE 6560-50-F
Complete official Federal Register PDF
FR Doc. 96-6242 Illinois; Final Authorization of Revisions to State Hazardous Waste Management Program
[Federal Register Volume 61, Number 52 (Friday, March 15, 1996)]
[Rules and Regulations]
[Pages 10684-10687]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6242]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-5439-3]
Illinois; Final Authorization of Revisions to State Hazardous
Waste Management Program
AGENCY: Environmental Protection Agency.
ACTION: Immediate final rule.
-----------------------------------------------------------------------
SUMMARY: Illinois has applied for final authorization of revisions to
its hazardous waste program under the Resource Conservation and
Recovery Act of 1976 as amended (hereinafter RCRA). Illinois' revisions
consist of provisions contained in rules promulgated between July 1,
1989, and June 30, 1993, otherwise known as Non-HSWA Cluster VI, HSWA
Cluster II, and RCRA Clusters I-III. These requirements are listed in
Section B of this document. The Environmental Protection Agency (EPA)
has reviewed Illinois' application and has made a decision, subject to
public review and comment, that Illinois' hazardous waste program
revisions satisfy all of the requirements necessary to qualify for
final authorization. Thus, EPA intends to approve Illinois' hazardous
waste program revisions, subject to authority retained by EPA under the
Hazardous and Solid Waste Amendments of 1984 (hereinafter HSWA).
Illinois' application for program revision is available for public
review and comment.
EFFECTIVE DATE: Final authorization for Illinois shall be effective May
14, 1996 unless EPA publishes a prior Federal Register action
withdrawing this immediate final rule. All comments on Illinois'
program revision application must be received by the close of business
April 15, 1996.
ADDRESSES: Copies of Illinois' program revision application are
available for inspection and copying, from 9 a.m. to 4 p.m., at the
following addresses: Illinois Environmental Protection Agency, 2200
Churchill Road, P.O. Box 19276, Springfield, Illinois 62794-9276,
contact: Todd Marvel (217) 524-5024; U.S. EPA, Region 5, DR-7J, 77 W.
Jackson Blvd., Chicago, Illinois 60604, contact: Gary Westefer (312)
886-7450. Written comments should be sent to Mr. Gary Westefer,
Illinois Regulatory Specialist, U.S. EPA, Office of RCRA, DR-7J, 77 W.
Jackson Blvd., Chicago, Illinois 60604, phone 312/886-7450.
FOR FURTHER INFORMATION CONTACT: Mr. Gary Westefer, U.S. EPA Region 5,
77 West Jackson Boulevard, Chicago, Illinois 60604. Phone: 312/886-
7450.
SUPPLEMENTARY INFORMATION:
A. Background
States with final authorization under Section 3006(b) of the
Resource Conservation and Recovery Act (RCRA or the Act), 42 U.S.C.
6929(b), have a continuing obligation to maintain a hazardous waste
program that is equivalent to, consistent with, and no less stringent
than the Federal hazardous waste program. In addition, as an interim
measure, the Hazardous and Solid Waste Amendments of 1984 (Pub. L. 98-
616, November 8, 1984, hereinafter HSWA) allows States to revise their
programs to become substantially equivalent instead of equivalent to
RCRA requirements promulgated under HSWA authority. States exercising
the latter option receive interim authorization for the HSWA
requirements under Section 3006(g) of RCRA, 42 U.S.C. 6926(g), and
later apply for final authorization for the HSWA requirements.
In accordance with 40 CFR 271.21, revisions to State hazardous
waste programs are necessary when Federal or State statutory or
regulatory authority is modified or when certain other changes occur.
Most commonly, State program revisions are necessitated by changes to
[[Page 10685]]
EPA's regulations in 40 CFR Parts 124, 260-266, 268, 270, 273 and 279.
B. Illinois
Illinois initially received final authorization for its program
effective January 31, 1986. (51 FR 3778, January 30, 1986). Illinois
received authorization for revisions to its program effective on March
5, 1988 (53 FR 126, January 5, 1988), April 30, 1990 (55 FR 7320, March
1, 1990), June 3, 1991 (56 FR 13595, April 3, 1991), and August 15,
1994 (59 FR 30525, June 14, 1994). On June 30, 1994, Illinois submitted
a program revision application for additional program approvals. Today,
Illinois is seeking approval of its program revision in accordance with
40 CFR 271.21(b)(3).
EPA has reviewed Illinois' application, and has made an immediate
final decision that Illinois' hazardous waste program revisions satisfy
all of the requirements necessary to qualify for final authorization.
Consequently, EPA intends to grant final authorization for the
additional program modifications to Illinois. The public may submit
written comments on EPA's immediate final decision up until April 15,
1996.. Copies of Illinois' application for program revision are
available for inspection and copying at the locations indicated in the
``Addresses'' section of this notice.
Approval of Illinois' program revision shall become effective in 60
days unless an adverse comment pertaining to the State's revision
discussed in this notice is received by the end of the comment period.
If an adverse comment is received, EPA will publish either (1) a
withdrawal of the immediate final decision or (2) a notice containing a
response to comments which either affirms that the immediate final
decision takes effect or reverses the decision.
On May 14, 1996, Illinois will be authorized to carry out, in lieu
of the Federal program, those provisions of the State's program which
are analogous to the following provisions of the Federal program:
------------------------------------------------------------------------
Federal requirement Analogous state authority
------------------------------------------------------------------------
Financial Responsibility-- Rule 35 IAC 725.213, Effective June
Settlement Agreement Amendment, 17, 1991.
June 26, 1990, 55 FR 25976.
Delay of Closure Period for Rules 35 IAC 703 Appendix A;
Hazardous Waste Management 724.113; 724.212; 724.213;
Facilities, August 14, 1989, 54 FR 724.242; 725.113; 725.212;
33376-33398. 725.213; 725.242, Effective August
22, 1990.
Mining Waste Exclusion I, September Rules 35 IAC 721.103; 721.104,
1, 1989, 54 FR 36592-36642. Effective August 22, 1990.
Testing and Monitoring Activities, Rules 35 IAC 720.111; 720 Appendix
September 29, 1989, 54 FR 40260- A, Effective August 22, 1990.
40269.
Changes to Part 124 not Accounted Rules 35 IAC 705.121; 705.128;
for by Present Checklists, January 705.141; 705.163; 705.182,
4, 1990, 55 FR 00246-00248. Effective September 25, 1990.
Mining Waste Exclusion II, January Rules 35 IAC 720.110, 721.104,
23, 1990, 55 FR 02322-2354. 722.123, Effective September 25,
1990.
Modification of F019 Listing, Rule 35 IAC 721.131, Effective
February 14, 1990, 55 FR 5340-5342. September 25, 1990.
Testing and Monitoring Activities; Rules 35 IAC 720.110; 721 Appendix
Technical Corrections, March 9, B, 721 Appendix Table C, Effective
1990, 55 FR 8948-8950. September 25, 1990.
Toxicity Characteristic Revisions, Rules 35 IAC 721.104; 721.108;
March 29, 1990, 55 FR 11798-11877 721.124; 721.130; 721 Appendix B;
\1\ as amended June 29, 1990, 55 724.401; 725.321; 725.373; 728
FR 26986-26998 \1\. Appendix A, Effective September
25, 1990.
Listing of 1, 1-Dimethylhydrazine Rules 35 IAC 721.132; 721 Appendix
Production Wastes, May 2, 1990, 55 C; 721 Appendix G, Effective June
FR 18496-18506 \1\. 17, 1991.
Criteria for Listing Toxic Wastes; Rule 35 IAC 721.111, Effective June
Technical Amendment, May 4, 1990, 17, 1991.
55 FR 18726.
HSWA Codification Rule, Double Rules 35 IAC 724.321; 724.401,
Liners; Correction, May 9, 1990, Effective June 17, 1991.
55 FR 19262-19264 \1\.
Land Disposal Restrictions for Rules 35 IAC 721.120; 721.121;
Third Third Scheduled Wastes, June 721.122; 721.123; 721.124;
1, 1990, 55 FR 22520-22720 \1\. 721.131; 721.133; 721 Appendix G;
722.111; 722.134; 724.113;
724.329; 724.356; 724.381;
724.412; 724.416; 725.101;
725.113; 725.329; 725.356;
725.381; 725.412; 725.416;
728.101; 728.102; 728.103;
728.107; 728.108; 728.109;
728.135; 728.140; 728.141;
728.142; 728.143; Section 728
Table A; Table B; Table C; Table
D; Table E, Effective June 9,
1992.
Organic Air Emmission Standards for Rules 35 IAC 703.183; 703.210;
Process Vents and Equipment Leaks, 703.211; 720.111; 721.106;
June 21, 1990, 55 FR 25454-25519 724.113; 724.115; 724.173;
\1\. 724.177; 724.930; 724.931;
724.932; 724.933; 724.934;
724.935; 724.936; 724.950;
724.951; 724.952; 724.953;
724.954; 724.955; 724.956;
724.957; 724.958; 724.959;
724.960; 724.961; 724.962;
724.963; 724.964; 724.965;
725.113; 725.115; 725.173;
725.177; 725.930; 725.931;
725.932; 725.933; 725.934;
725.935; 725.950; 725.951;
725.952; 725.953; 725.954;
725.955; 725.956; 725.957;
725.958; 725.959; 725.960;
725.961; 725.962; 725.963;
725.964, Effective June 17, 1991.
Toxicity Characteristic; Rule 35 IAC 721.104, Effective
Hydrocarbon Recovery Operations, September 30, 1991 and June 9,
October 5, 1990, 55 FR 40834-40837 1992.
\1\ as amended February 1, 1991,
56 FR 3978 \1\ and April 2, 1991,
56 FR 13406-13411 \1\.
Petroleum Refinery Primary and Rules 35 IAC 721.131; 721 Appendix
Secondary Oil/Water/Solids G, Effective September 30, 1991.
Separation Sludges Listings (FO37
and FO38), November 2, 1990, 55 FR
46354-46397 \1\ as amended
December 17, 1990, 55 FR 51707 \1\.
Wood Preserving Listings, December Rules 35 IAC 703.212; 720.110;
6, 1990, 55 FR 50450-50490 \1\. 721.104; 721.131; 721.135; 721
Appendix C; 721 Appendix G; 721
Appendix H; 722.134; 724.290;
724.670; 724.671; 724.672;
724.673; 724.674; 724.675;
725.290; 725.540; 725.541;
725.542; 725.543; 725.544;
725.545, Effective September 30,
1991.
Toxicity Characteristic; Rule 35 IAC 721.104, Effective June
Chlorofluorocarbon Refrigerants, 9, 1992.
February 13, 1991, 56 FR 5910-5915
\1\.
[[Page 10686]]
Burning of Hazardous Waste in Rules 35 IAC 703.155; 703.157;
Boilers and Industrial Furnaces, 703.208; 703.232; 703.280;
February 21, 1991, 56 FR 07134- 720.110; 720.111; 721.102;
7240 \1\. 721.104; 721.106; 724.212;
724.440; 725.212; 725.213;
725.440; 726.200; 726.201;
726.202; 726.203; 726.204;
726.205; 726.206; 726.207;
726.208; 726.209; 726.210;
726.211; 726.212; 726 Appendix A;
726 Appendix B; 726 Appendix C;
726 Appendix D; 726 Appendix E;
726 Appendix F; 726 Appendix G;
726 Appendix H; 726 Appendix I;
726 Appendix J, Effective June 9,
1992.
Removal of Strontium Sulfide from Rules 35 IAC 721.133; 721 Appendix
the List of Hazardous Wastes; G, Effective June 9, 1992.
Technical Amendment, February 25,
1991, 56 FR 7567-7568.
Organic Air Emmission Standards for Rules 35 IAC 703.210; 703.211;
Process Vents and Equipment Leaks; 724.930; 724.933; 724.935;
Technical Amendment, April 26, 724.952; 725.113; 725.173;
1991, 56 FR 19290 \1\. 725.930; 725.934; 725.935;
725.952; 725.964, Effective June
9, 1992.
Administrative Stay for KO69 Rule 35 IAC 721.132, Effective June
Listing, May 1, 1991, 56 FR 19951. 9, 1992.
Revision to the Petroleum Refining Rule 35 IAC 721.131, Effective June
Primary and Secondary Oil/Water/ 9, 1992.
Solids Separation Sludge Listings,
May 13, 1991, 56 FR 21955-21960.
Mining Waste Exclusion III, June Rule 35 IAC 721.104, Effective June
13, 1991, 56 FR 27300-27330. 9, 1992.
Wood Preserving Listings, June 13, Rules 35 IAC 721.131; 724.672,
1991, 56 FR 27332-27336. 725.543, Effective June 9, 1992.
Wood Preserving Listings; Technical Rules 35 IAC 703.212; 721.104;
Corrections, July 1, 1991, 56 FR 721.135; 722.134; 724.670;
30192-30198 \1\. 724.671; 724.672; 724.673;
724.674; 724.675; 725.540;
725.543, Effective November 6,
1992.
Burning of Hazardous Waste in Rules 35 IAC 703.157; 703.208;
Boilers and Industrial Furnaces; 703.232; 703.280; 703 Appendix A;
Corrections and Technical 721.103; 721.106; 725.470;
Amendments I, July 17, 1991, 56 FR 726.140; 726.200; 726.202;
32688-32852 \1\. 726.203; 726.204; 726.206;
726.207; 726.208; 726.209;
726.210; 726.212; 726 Appendix A;
726 Appendix B; 726 Appendix C;
726 Appendix D; 726 Appendix G;
726 Appendix H; 726 Appendix I;
726 Appendix J, Effective November
6, 1992.
Burning of Hazardous Waste in Rules 35 IAC 721.102; 725.212;
Boilers and Industrial Furnaces; 725.213; 726.200; 726.202;
Technical Amendments II, August 726.203; 726.204; 726.208;
27, 1991, 56 FR 42504-42517 \1\. 726.209; 726.210; 726.211;
726.212; 726 Appendix I; 726
Appendix K; 726 Appendix L,
Effective November 6, 1992.
Exports of Hazardous Waste; Rules 35 IAC 722.153; 722.156,
Technical Correction, September 4, Effective November 6, 1992.
1991, 56 FR 43704-43705 \1\.
Toxicity Characteristics Revisions; Rules 35 IAC 721.104; 725.401,
Technical Corrections, July 10, Effective November 22, 1993.
1992, 57 FR 30657-30658 \1\.
Burning of Hazardous Waste in Rules 35 IAC 720.110; 720.120;
Boilers and Industrial Furnaces; 721.102; 724.101; 725.101;
Technical Amendment III, August 726.200; 726.201; 726.203;
25, 1992, 57 FR 38558-38566 \1\. 726.204; 726.206; 726.207;
726.208; 726.212; 726 Appendix I,
Effective November 22, 1993.
Burning of Hazardous Waste in Rules 35 IAC 726.203; 726 Appendix
Boilers and Industrial Furnaces, I, Effective November 22, 1993.
Amendment IV, September 30, 1992,
57 FR 44999-45001 \1\.
Toxicity Characteristic Revision; Rule 35 IAC 721 Appendix B,
TCLP Correction, November 24, Effective November 22, 1993 and
1992, 57 FR 55114-55117 \1\ as April 21, 1994.
amended February 2, 1993, 58 FR
6854 \1\.
Wood Preserving; Revisions to Rules 35 IAC 721.131; 724.670;
Listings and Technical 724.671; 724.672; 724.673;
Requirements, December 24, 1992, 725.540; 725.541; 725.542;
57 FR 61492-61505 \1\. 725.543, Effective November 22,
1993.
------------------------------------------------------------------------
\1\ Indicates HSWA Provision.
EPA shall administer any RCRA hazardous waste permits, or portions
of permits, that contain conditions based upon the Federal program
provisions for which the State is applying for authorization, and which
were issued by EPA prior to the effective date of this authorization.
EPA will suspend issuance of any further permits under the provisions
for which the State is being authorized on the effective date of this
authorization. EPA has previously suspended issuance of permits for the
other provisions on January 31, 1986, March 5, 1988, April 30, 1990,
June 3, 1991, and August 15, 1994, the effective dates of Illinois'
final authorizations for the RCRA base program and for the subsequent
program revisions, respectively.
This authorization includes authorization for Illinois to impose
certain land disposal prohibitions. Under 40 CFR 268.6, EPA may grant
petitions of specific duration to allow land disposal of certain
hazardous wastes provided certain criteria are met. States that have
authority to impose land disposal prohibitions may ultimately be
authorized under RCRA Section 3006 to grant petitions for such
exemptions. However, EPA is currently requiring that these petitions be
handled at EPA Headquarters. It should be noted that Illinois has its
own procedures for petition submission and approval to allow land
disposal of a prohibited waste. Therefore, the petitioner must satisfy
both Federal and Illinois requirements, and be granted approval by both
EPA and the State.
Illinois is not authorized to operate the Federal program on Indian
lands. This authority remains with EPA unless provided otherwise in a
future statute or regulation.
C. Decision
I conclude that Illinois' application for program revisions meets
all of the statutory and regulatory requirements established by RCRA,
and its amendments. Accordingly, Illinois is granted final
authorization to operate its hazardous waste program as revised.
Illinois now has responsibility for permitting treatment, storage, and
disposal facilities within its borders and carrying out the aspects of
the RCRA program described in its revised program application, subject
to the limitations of the HSWA. Illinois also has primary enforcement
responsibilities, although EPA retains the right to conduct inspections
under Section 3007 of RCRA and to take enforcement actions under
Sections 3008, 3013, and 7003 of RCRA.
[[Page 10687]]
D. Incorporation by Reference
EPA incorporates by reference, authorized State programs in 40 CFR
Part 272, to provide notice to the public of the scope of the
authorized program in each State. Incorporation by reference of the
Illinois program will be completed at a later date.
Compliance With Executive Order 12866
The Office of Management and Budget has exempted this rule from the
requirements of Section 6 of Executive Order 12866.
Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
one year. When a written statement is needed for an EPA rule, section
205 of the UMRA generally requires EPA to identify and consider a
reasonable number of regulatory alternatives and adopt the least
costly, most cost-effective or least burdensome alternative that
achieves the objectives of the rule. The provisions of section 205 do
not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, giving
them meaningful and timely input in the development of EPA regulatory
proposals with significant Federal intergovernmental mandates, and
informing, educating, and advising them on compliance with the
regulatory requirements. EPA has determined that this rule does not
contain a Federal mandate that may result in expenditures of $100
million or more for State, local, and tribal governments, in the
aggregate, or the private sector in any one year. EPA does not
anticipate that the approval of Illinois' hazardous waste program
referenced in today's notice will result in annual costs of $100
million or more. EPA's approval of State programs generally have a
deregulatory effect on the private sector because once it is determined
that a State hazardous waste program meets the requirements of RCRA
section 3006(b) and the regulations promulgated thereunder at 40 CFR
Part 271, owners and operators of hazardous waste treatment, storage,
or disposal facilities (TSDFs) may take advantage of the flexibility
that an approved State may exercise. Such flexibility will reduce, not
increase, compliance costs for the private sector. Thus, today's rule
is not subject to the requirements of sections 202 and 205 of the UMRA.
EPA has determined that this rule contains no regulatory requirements
that might significantly or uniquely affect small governments. The
Agency recognizes that small governments may own and/or operate TSDFs
that will become subject to the requirements of an approved State
hazardous waste program. However, such small governments which own and/
or operate TSDFs are already subject to the requirements in 40 CFR
Parts 264, 265 and 270. Once EPA authorizes a State to administer its
own hazardous waste program and any revisions to that program, these
same small governments will be able to own and operate their TSDFs with
increased levels of flexibility provided under the approved State
program.
Certification Under the Regulatory Flexibility Act
Pursuant to the provisions of 5 U.S.C. 605(b), I hereby certify
that this authorization will not have a significant economic impact on
a substantial number of small entities. This authorization effectively
suspends the applicability of certain Federal regulations in favor of
Illinois' program, thereby eliminating duplicative requirements for
handlers of hazardous waste in the State. It does not impose any new
burdens on small entities. This rule, therefore, does not require a
regulatory flexibility analysis.
Paperwork Reduction Act
Under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., Federal
agencies must consider the paperwork burden imposed by any information
request contained in a proposed rule or a final rule. This rule will
not impose any information requirements upon the regulated community.
List of Subjects in 40 CFR Part 271
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous materials transportation,
Hazardous waste, Indian lands, Intergovernmental relations, Penalties,
Reporting and recordkeeping requirements, Water pollution control,
Water supply.
Authority: This notice is issued under the authority of Sections
2002(a), 3006 and 7004(b) of the Solid Waste Disposal Act as amended
42 U.S.C. 6912(a), 6926, 6974(b).
Dated: February 23, 1996.
Valdas V. Adamkus,
Regional Administrator.
[FR Doc. 96-6242 Filed 3-14-96; 8:45 am]
BILLING CODE 6560-50-P
Complete official Federal Register PDF
FR Doc. 96-6241 National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List; Correction
[Federal Register Volume 61, Number 52 (Friday, March 15, 1996)]
[Rules and Regulations]
[Pages 10687-10688]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6241]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[FRL-5440-9]
National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List; Correction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of deletion of the Lewisburg Dump Site from the National
Priorities List (NPL); Correction.
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SUMMARY: This document contains a correction to the announcement of the
deletion of the Lewisburg Dump site in Lewisburg, Tennessee, from the
National Priorities List (NPL), which was published Wednesday, February
21, 1996 at 61 FR 6556.
EFFECTIVE DATE: February 1, 1996.
FOR FURTHER INFORMATION CONTACT: Femi Akindele, Remedial Project
Manager, U.S. Environmental Protection Agency, Region 4, North
Superfund Remedial Branch, 345 Courtland Street, N.E., Atlanta, Georgia
30365, (404) 347-7791, extension 2042.
SUPPLEMENTARY INFORMATION:
Background
The site deleted was the Lewisburg Dump Superfund Site, Lewisburg,
Tennessee. For the reasons set out in the preamble, 40 CFR part 300
must be amended.
Need for Correction
As published, the table from which the site was to be deleted was
incorrectly stated.
Correction of Publication
Accordingly, the publication on February 21, 1996, of the deletion
of the
[[Page 10688]]
Lewisburg Dump Superfund Site, which was the subject of FR Doc. 96-3581
is corrected as follows:
On page 6556, in the third column, in Part 300, Appendix B--
[Amended], paragraph 2, ``Table 2'' is corrected to read ``Table 1.''
Dated: March 6, 1996.
Phyllis P. Harris,
Acting Deputy Regional Administrator, Region 4.
[FR Doc. 96-6241 Filed 3-14-96; 8:45 am]
BILLING CODE 6560-50-P
Complete official Federal Register PDF
FR Doc. 96-6231 Law and Order on Indian Reservations
[Federal Register Volume 61, Number 52 (Friday, March 15, 1996)]
[Rules and Regulations]
[Pages 10673-10674]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6231]
=======================================================================
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
25 CFR Part 11
RIN 1076-AD29
Law and Order on Indian Reservations
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document amends the Agency's regulations governing Courts
of Indian Offenses by removing from the Listing of Courts of Indian
Offenses the names of those tribes which have exercised their inherent
sovereignty and established tribal courts.
EFFECTIVE DATE: March 15, 1996.
FOR FURTHER INFORMATION CONTACT: Bettie Rushing, Bureau of Indian
Affairs, 1849 C St., NW., Mail Stop 4140-MIB, Washington, DC 20240-
4001, telephone number (202) 208-0437.
SUPPLEMENTARY INFORMATION: The authority to issue this amendment is
vested in the Secretary of the Interior by 5 U.S.C. 301 and 25 U.S.C. 2
and 9, and 25 U.S.C. 13 which authorizes appropriations for ``Indian
judges.''
The final rule amending the regulations contained in 25 CFR Part 11
which included the Shoshone and Arapahoe Tribes of the Wind River
Reservation (Wyoming), Flandreau Santee Sioux (South Dakota), the
Yankton Sioux Tribe (South Dakota), the Cocopah Tribe (Arizona), the
Kaibab Band of Paiute Indians (Arizona), the Duckwater Shoshone Tribe
(Nevada), and the Mississippi Band of Choctaw Indians (Mississippi) in
the listing of tribes to which Section 11.100(a) is applicable, was
published September 22, 1994.
The Assistant Secretary-Indian Affairs, or her designee, is in
receipt of law and order codes adopted by the Arapahoe Tribes of the
Wind River Reservation, the Flandreau Santee Sioux, the Yankton Sioux
Tribe, the Cocopah Tribe, the Kaibab Band of Paiute Indians, the
Duckwater Shoshone Tribe, and the Mississippi Band of Choctaw Indians
in accordance with their constitutions and by-laws and approved by the
appropriate Bureau official. The Assistant Secretary-Indian Affairs
further recognizes that these courts were established in accordance
with the tribes' constitutions and by-laws.
Inclusion in Sec. 11.100, Listing of Courts of Indian Offenses,
does not defeat the inherent sovereignty of a tribe to establish tribal
courts and exercise jurisdiction under tribal law. Tillett v. Lujan,
931 F.2d 636, 640 (10th Cir. 1991) (C.F.R. courts ``retain some
characteristics of an agency of the federal government'' but they
``also function as tribal courts''); Combrink v. Allen, 20 Indian L.
Rep. 6029, 6030 (Ct. Ind. App., Tonkawa, Mar. 5, 1993) (C.F.R. court is
a ``federally administered tribal court''); Ponca Tribal Election Board
v. Snake, 17 Indian L. Rep. 6085, 6088 (Ct. Ind. App., Ponca, Nov. 10,
1988) (``The Courts of Indian Offenses act as tribal courts since they
are exercising the sovereign authority of the tribe for which the court
sits.''). Such exercise of inherent sovereignty and the establishment
of tribal courts shall comply with the requirements set forth in 25 CFR
11.100(c).
The Department has certified to the Office of Management and Budget
that these final regulations meet the applicable standards provided in
Sections 2(a) and 2(b)(2) of Executive Order 12778.
This document is not a significant rule under Executive Order 12866
and, therefore, will not require the approval of the Office of
Management and Budget.
This rule will not have a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.).
In accordance with E.O. 12630, the Department has determined that
this rule does not have significant takings implications.
The Department has determined that this rule does not have
significant federalism effects.
The Department of the Interior has determined that this correction
does not constitute a major federal action significantly affecting the
quality of the human environment and that no detailed statement is
required pursuant to the National Environmental Policy Act of 1969.
This correction does not contain information collection
requirements which require the approval of the Office of Management and
Budget under 44 U.S.C. 3501 et seq.
The primary authors of this document are Earl Azure, Aberdeen Area
Office, Terry Bruner, Anadarko Area Office, Mike Simpson, Billings Area
Office, Karen Ketcher, Muskogee Area Office, Sharlot Johnson, Phoenix
Area Office, and Bettie Rushing, Division of Tribal Government
Services, Bureau of Indian Affairs, Department of the Interior.
List of Subjects in 25 CFR Part 11
Courts, Indians--law, Law enforcement, penalties.
For the reasons stated in the preamble, Part 11 of title 25 of the
Code of the Federal Regulations is amended as follows:
PART 11--LAW AND ORDER ON INDIAN RESERVATIONS
1. The authority citation for part 11 continues to read as follows:
Authority: 5 U.S.C. 301; R.S. 463; 25 U.S.C. 2; R.S. 465; 25
U.S.C. 9; 42 Stat. 208; 25 U.S.C. 13; 38 Stat. 586; 25 U.S.C. 200.
* * * * *
2. Section 11.100 is amended by revising paragraph (a) as follows:
[[Page 10674]]
Sec. 11.100 Listing of Courts of Indian Offenses.
(a) Except as otherwise provided in this title, the regulations
under this part are applicable to the Indian country (as defined in 18
U.S.C. 1151) occupied by the following tribes:
(1) Red Lake Band of Chippewa Indians (Minnesota).
(2) Confederated Tribes of the Goshute Reservation (Nevada).
(3) Lovelock Paiute Tribe (Nevada).
(4) Te-Moak Band of Western Shoshone Indians (Nevada).
(5) Yomba Shoshone Tribe (Nevada).
(6) Kootenai Tribe (Idaho).
(7) Shoalwater Bay Tribe (Washington).
(8) Eastern Band of Cherokee Indians (North Carolina).
(9) For the following tribes located in the former Oklahoma
Territory (Oklahoma):
(i) Absentee Shawnee Tribe of Indians of Oklahoma
(ii) Apache Tribe of Oklahoma
(iii) Caddo Tribe of Oklahoma
(iv) Cheyenne-Arapaho Tribe of Oklahoma
(v) Citizen Band of Potawatomi Indians of Oklahoma
(vi) Comanche Tribe of Oklahoma (Except Comanche Children's Court)
(vii) Delaware Tribe of Western Oklahoma
(viii) Fort Sill Apache Tribe of Oklahoma
(ix) Iowa Tribe of Oklahoma
(x) Kaw Tribe of Oklahoma
(xi) Kickapoo Tribe of Oklahoma
(xii) Kiowa Tribe of Oklahoma
(xiii) Otoe-Missouria Tribe of Oklahoma
(xiv) Pawnee Tribe of Oklahoma
(xv) Ponca Tribe of Oklahoma
(xvi) Tonkawa Tribe of Oklahoma
(xvii) Wichita and Affiliated Tribes of Oklahoma.
(10) Hoopa Valley Tribe, Yurok Tribe, and Coast Indian Community of
California (California Jurisdiction limited to special fishing
regulations).
(11) Louisiana Area (includes Coushatta and other tribes in the
State of Louisiana which occupy Indian country and which accept the
application of this part);
Provided that this part shall not apply to any Louisiana tribe
other than the Coushatta Tribe until notice of such application has
been published in the Federal Register.
(12) For the following tribes located in the former Indian
Territory (Oklahoma):
(i) Chickasaw Nation
(ii) Choctaw Nation
(iii) Thlopthlocco Tribal Town
(iv) Seminole Nation
(v) Eastern Shawnee Tribe
(vi) Miami Tribe
(vii) Modoc Tribe
(viii) Ottawa Tribe
(ix) Peoria Tribe
(x) Quapaw Tribe
(xi) Wyandotte Tribe
(xii) Seneca-Cayuga Tribe
(xiii) Osage Tribe.
(13) Ute Mountain Ute Tribe (Colorado).
* * * * *
Dated: March 6, 1996.
Ada E. Deer,
Assistant Secretary--Indian Affairs.
[FR Doc. 96-6231 Filed 3-14-96; 8:45 am]
BILLING CODE 4310-02-P
Complete official Federal Register PDF
FR Doc. 96-6219 Protection of Stratospheric Ozone; Refrigerant Recycling
[Federal Register Volume 61, Number 52 (Friday, March 15, 1996)]
[Rules and Regulations]
[Pages 10676-10678]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6219]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 82
[FRL-5440-5]
Protection of Stratospheric Ozone; Refrigerant Recycling
AGENCY: Environmental Protection Agency (EPA).
ACTION: Temporary order.
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SUMMARY: In today's action, EPA is issuing an order temporarily
extending the effectiveness of the refrigerant purity requirements of
Sec. 82.154 (g) and (h), which are currently scheduled to expire on
March 18, 1996. On February 29, 1996 EPA published a direct final rule
(61 FR 7724) and a proposal (61 FR 7762) to extend the requirements in
response to requests from the air-conditioning and refrigeration
industry to avoid widespread contamination of the stock of
chlorofluorocarbon (CFC) and hydrochlorofluorocarbon (HCFC)
refrigerants that could result from the lapse of the purity standard.
This direct final would become effective on April 15, 1996, at the
earliest. Such contamination could cause extensive damage to air-
conditioning and refrigeration equipment, release of refrigerants, and
refrigerant shortages with consequent price increases. On that same
date, EPA also published a proposal to adopt a more flexible approach
to ensuring the purity of
[[Page 10677]]
refrigerants and soliciting public comment on this approach (61 FR
7858).
Today's temporary extension will not result in any additional
burden on the regulated community. Moreover, the retention of the
reclamation requirement will protect the environment, public health,
and consumers by ensuring that contaminated refrigerants are not vented
or charged into equipment. This extension will be effective until: the
direct final action becomes effective; EPA takes final action on the
proposal to extend the effectiveness of the reclamation requirements;
or May 30, 1996, whichever date is earliest.
EFFECTIVE DATE: This order will become effective March 15, 1996.
FOR FURTHER INFORMATION CONTACT: Cindy Newberg, Program Implementation
Branch, Stratospheric Protection Division, Office of Atmospheric
Programs, Office of Air and Radiation (6205-J), 401 M Street SW.,
Washington, DC 20460. The Stratospheric Ozone Information Hotline at 1-
800-296-1996 can also be contacted for further information.
SUPPLEMENTARY INFORMATION: The contents of this preamble are listed in
the following outline:
I. Background
II. Today's Action
III. Summary of Supporting Analysis
A. Executive Order 12866
B. Regulatory Flexibility Act
C. Paperwork Reduction Act
D. Regulatory Flexibility Act
I. Background
On May 14, 1993, EPA published final regulations establishing a
recycling program for ozone-depleting refrigerants recovered during the
servicing and disposal of air-conditioning and refrigeration equipment
(58 FR 28660). When EPA promulgated the final rule, the Agency noted
that further rulemaking would be required to address issues that had
been raised during the comment period for the proposed rule (57 FR
58644). EPA accordingly made the reclamation requirements at
Sec. 82.154 (g) and (h) effective until May 15, 1995, two years after
publication of the final rule. EPA believed that this two-year period
would be sufficient for industry to develop new guidelines for reuse of
refrigerant and for EPA to complete a rulemaking to adopt them if EPA
determined that they would continue to reduce emissions to the lowest
achievable level and maximize the recapture and recycling of
refrigerants (58 FR 28679).
A committee representing a wide range of interests within the air-
conditioning and refrigeration industry provided EPA with recommended
requirements for reuse of refrigerant in December 1994. Because the
original sunsetting date was approaching, EPA pursued a rulemaking to
extend the effectiveness of Sec. 82.154 (g) and (h) (60 FR 14608) until
March 18, 1996. EPA believed that this extension would provide
sufficient time to develop and publish a final rule based on these
recommendations.
On February 29, 1996, EPA published a proposed rulemaking
recommending new and more flexible requirements for refrigerant
reclamation. On that date, EPA also published a direct final notice and
a parallel proposal to extend the effective date of the current
requirements until December 31, 1996. If no adverse comments are
received on the direct final notice by April 1, 1996, that notice will
become effective on April 15, 1996. If adverse comments are received,
EPA will need to take final action on the proposed extension of the
requirements.
Because the current requirements expire on March 18, 1996, and the
earliest date by which the direct final could become effective is April
15, 1996, there will be at least a one-month lapse in the effectiveness
of the current rule. Representatives of the air-conditioning and
refrigeration industry have expressed concern that any lapse, even a
temporary one, in refrigerant purity requirements could result in a
number of problems, including sloppy handling of refrigerant and
dumping of contaminated refrigerant on the market. These problems could
significantly damage equipment, lead to release of refrigerant, and
aggravate refrigerant shortages. As a result, industry has requested
that EPA take action to temporarily extend the effectiveness of the
current purity requirements until the direct final action becomes
effective or until EPA takes final action on the proposal. Many of the
concerns expressed by industry concerning a lapse in the current
requirements are detailed in the direct final notice (61 FR 7724).
Readers are encouraged to review that notice.
II. Today's Action
In response to these concerns, EPA is temporarily extending the
effectiveness of the current reclamation requirements until: May 30,
1996; the effective date of the direct final action; or EPA takes final
action on the proposed notice, whichever date is earliest. EPA is
issuing this order because it is not practicable to complete notice and
comment rulemaking concerning the temporary extension of the current
regulations prior to expiration on March 18, 1996. Section 553 of the
Administrative Procedures Act (APA) authorizes agencies to dispense
with certain procedures for rules when there exists ``good cause'' to
do so. Under section 553(b)(B), the requirements of notice and
opportunity for comment do not apply when the agency for good cause
finds that those procedures are ``impracticable, unnecessary, or
contrary to the public interest.''
In these grave circumstances, EPA has determined that good cause
exists based on concern expressed by industry that even a temporary
lapse of the current reclamation requirements could cause contamination
of refrigerants and possible damage to equipment. Immediate action to
prevent such a lapse in the rule is necessary to avoid disruption to
the ongoing regulatory program and prevent harm to the environment and
property. The sole purpose of today's action is to preserve the status
quo pending final action by EPA to extend these requirements following
notice and comment procedures. This order is intended to temporarily
address an interim lapse in the current regulatory requirements, and
therefore will remain effective until no later than May 30, 1996.
III. Summary of Supporting Analysis
A. Executive Order 12866
Under Executive Order 12866 (58 FR 51735, October 4, 1993), the
Agency must determine whether this regulatory action is significant and
therefore subject to OMB review and the requirements of the Executive
Order. The Order defines significant regulatory action as one that is
likely to lead to a rule that may:
(1) Have an annual effect on the economy of $100 million or more,
or adversely and materially affect a sector of the economy,
productivity, competition, jobs, the environment, public health or
safety, or State, local, or tribal governments or communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlement, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
It has been determined by OMB and EPA that this action is not a
significant regulatory action under the terms of Executive Order 12866
and is therefore
[[Page 10678]]
not subject to OMB review under the Executive Order.
B. Unfunded Mandates Act
Section 202 of the Unfunded Mandates Reform Act of 1995 (Unfunded
Mandates Act) requires that the Agency prepare a budgetary impact
statement before promulgating a rule that includes a Federal mandate
that may result in expenditure by State, local, and tribal governments,
in aggregate, or by the private sector, of $100 million or more in any
one year. Section 203 requires the Agency to establish a plan for
obtaining input from and informing, educating, and advising any small
governments that may be significantly or uniquely affected by the rule.
Under section 205 of the Unfunded Mandates Act, the Agency must
identify and consider a reasonable number of regulatory alternatives
before promulgating a rule for which a budgetary impact statement must
be prepared. The Agency must select from those alternatives the least
costly, most cost-effective, or least burdensome alternative that
achieves the objectives of the rule, unless the Agency explains why
this alternative is not selected or the selection of this alternative
is inconsistent with law.
This order merely extends the current reclamation requirements for
a very limited time. Therefore, there are no mandates to the states.
C. Paperwork Reduction Act
There is no additional information collection requirements
associated with this order; therefore, EPA has determined that the
Paperwork Reduction Act does not apply. The initial Sec. 608 final
rulemaking did address all recordkeeping associated with the
refrigerant purity provisions. An Information Collection Request (ICR)
document was prepared by EPA and approved by the Office of Management
and Budget(OMB) under the Paperwork Reduction Act, 44 U.S.C. 3501 et
seq. This ICR is contained in the public docket A-92-01.
D. Regulatory Flexibility Act
The Regulatory Flexibility Act, 5 U.S.C. 601-602, requires that
Federal agencies examine the impacts of their regulations on small
entities. Under 5 U.S.C. 604(a), whenever an agency is required to
publish a general notice of proposed rulemaking, it must prepare and
make available for public comment an initial regulatory flexibility
analysis (RFA). Such an analysis is not required if the head of an
agency certifies that an action will not have a significant economic
impact on a substantial number of small entities, pursuant to 5 U.S.C.
605(b).
EPA believes that since this action merely extends a current
requirement designed to protect purity of refrigerants temporarily,
there will be no adverse effects for the regulated community, including
small entities. An examination of the impacts of these provisions was
discussed in the initial final rule promulgated under Sec. 608 (58 FR
28660). That final rule assessed the impact the rule may have on small
entities. A separate regulatory impact analysis was developed. That
impact analysis accompanied the final rule and is contained in Docket
A-92-01.
I certify that this temporary order will not have any additional
negative economic impacts on any small entities.
List of Subjects in 40 CFR Part 82
Environmental protection, Administrative practice and procedure,
Air pollution control, Chemicals, Chlorofluorocarbons,
Hydrochlorofluorocarbons, Interstate commerce, Reporting and
reclamation, Reporting and recordkeeping Requirements, Refrigerant
purity, Recycling, Stratospheric ozone layer.
Dated: March 11, 1996.
Carol M. Browner,
Administrator.
Part 82, chapter I, title 40, of the Code of Federal Regulations,
is amended to read as follows:
PART 82--PROTECTION OF STRATOSPHERIC OZONE
1. The authority citation for part 82 continues to read as follows:
Authority: 42 U.S.C. 7414, 7601, 7671-7671q.
2. Section 82.154 is amended by revising paragraphs (g) and (h) to
read as follows:
Sec. 82.154 Prohibitions.
* * * * *
(g) Effective from March 15, 1996 until no later than May 30, 1996,
no person may sell or offer for sale for use as a refrigerant any class
I or class II substance consisting wholly or in part of used
refrigerant unless:
(1) The class I or class II substance has been reclaimed as defined
at Sec. 82.152;
(2) The class I or class II substance was used only in an MVAC or
MVAC-like appliance and is to be used only in an MVAC or MVAC-like
appliance; or
(3) The class I or class II substance is contained in an appliance
that is sold or offered for sale together with the class I or class II
substance.
(h) Effective from March 15, 1996 until no than May 30, 1996, no
person may sell or offer for sale for use as a refrigerant any class I
or class II substance consisting wholly or in part of used refrigerant
unless:
(1) The class I or class II substance has been reclaimed by a
person who has been certified as a reclaimer pursuant to Sec. 82.164;
(2) The class I or class II substance was used only in an MVAC or
MVAC-like appliance and is to be used only in an MVAC or MVAC-like
appliance; or
(3) The class I or class II substance is contained in an appliance
that is sold or offered for sale together with the class I or class II
substance.
* * * * *
[FR Doc. 96-6219 Filed 3-14-96; 8:45 am]
BILLING CODE 6560-50-P
Complete official Federal Register PDF
FR Doc. 96-6213 Endangered and Threatened Wildlife and Plants; Reclassification of Mirabilis Macfarlanei (MacFarlane's Four-O'clock) From Endangered to Threatened Status
[Federal Register Volume 61, Number 52 (Friday, March 15, 1996)]
[Rules and Regulations]
[Pages 10692-10697]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6213]
=======================================================================
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[[Page 10693]]
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AB97
Endangered and Threatened Wildlife and Plants; Reclassification
of Mirabilis Macfarlanei (MacFarlane's Four-O'clock) From Endangered to
Threatened Status
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: The U.S. Fish and Wildlife Service (Service) makes a final
determination to reclassify the plant Mirabilis macfarlanei
(MacFarlane's four-o'clock) to threatened status. The species was
listed as an endangered species in 1979. This action is due to
improvement in the status of the species and the discovery of
additional populations. Mirabilis macfarlanei now occurs in three
geographically isolated units occupying approximately 163 acres in
Idaho and Oregon. The Snake River unit has approximately 4,752 plants
occupying about 25 acres. The Salmon River unit has approximately 1,660
plants occupying 68 acres. The recently discovered Imnaha River unit
has approximately 800 plants on 70 acres. In addition, the species
meets the minimum goals for reclassification identified in the
Mirabilis macfarlanei Recovery Plan approved in 1985. The determination
made under the Endangered Species Act of 1973 (Act), as amended, is
based on a review of all information currently available for the
species. The change in classification reflects an improvement in the
species' status. Reclassification will not significantly alter the
protection afforded this species under the Act.
EFFECTIVE DATE: April 15, 1996.
ADDRESSES: The complete file for this rule is available for public
inspection, by appointment, during normal business hours at the U.S.
Fish and Wildlife Service, 4696 Overland Road, Room 576, Boise, Idaho
83705.
FOR FURTHER INFORMATION CONTACT: Dr. Robert L. Parenti, Botanist, at
the above Boise address (208) 334-1931.
SUPPLEMENTARY INFORMATION:
Background
Mirabilis macfarlanei is a member of the four-o'clock family
(Nyctaginaceae). It is a perennial plant with a stout, deep-seated
taproot. The stems are freely branched, swollen at the nodes so that
the plant forms hemispherical clumps 6 to 12 decimeters (24 to 47
inches (in.)) in diameter. The leaves are opposite, somewhat succulent,
green above and glaucescent (with a whitish or bluish cast) below.
Lower leaves are orbicular or ovate-deltoid in shape and become
progressively smaller toward the top of the stem. The inflorescence is
a four- to seven-flowered cluster subtended by an involucre. The
flowers are striking due to their large size, up to 25 millimeters (mm)
(1 in.) long and 25 mm (1 in.) wide, and showy magenta color. They are
funnel-form in shape with a widely expanding limb. The flower is five-
merous, with five stamens (male reproductive structures) generally
exerted. Flowering is from early May to early June, with mid-May
usually being the peak flowering period. Mirabilis macfarlanei is most
closely related to M. greenei Wats. of the Klamath (Siskiyou) region of
California and Oregon (Constance and Rollins 1936).
Mirabilis macfarlanei was named for Ed MacFarlane, a boatman on the
Snake River, who pointed out the plant along the Oregon side of the
Snake River to Rollins and Constance in 1936. These botanists described
the species later that year (Constance and Rollins 1936). Records
indicate MacFarlane's four-o'clock was collected along the Snake River
(Hells Canyon area) in 1939. In 1947, a second population was
discovered near the confluence of Skookumchuck Creek and the Salmon
River in Idaho by R.J. Davis. The Salmon River plants are
geographically isolated from the Snake River plants. Futile searches
for M. macfarlanei from 1947 to the mid-1970's led botanists to
consider that the species was possibly extinct. In May 1977, two plants
were found within the Snake River unit along the Snake River near
Cottonwood Landing on the Oregon side of the river. Within the Salmon
River unit, 25 plants were rediscovered in 1979 on 10 acres of Bureau
of Land Management (Bureau) land (Heidel 1979) at Skookumchuck and 700
plants were discovered in 1980 on 45 acres of Bureau land in the Long
Gulch area above the Salmon River, Idaho County, Idaho.
Since 1983, 6,485 additional plants have been located on
approximately 108 acres, bringing the total number to 7,212 plants
inhabiting approximately 163 acres in three disjunct areas. The Snake
River unit has about 4,752 plants occupying about 25 acres of habitat
that occurs along 6 miles of Hells Canyon on the banks and canyonland
slopes above the Snake River, Idaho County, Idaho and Wallowa County,
Oregon. Known localities within the Snake River unit include Cottonwood
Landing, Island Gulch, Kurry Creek, Kurry Creek-West Creek divide, Mine
Gulch, Tyron Bar, and West Creek. The Salmon River unit has about 1,660
plants occupying approximately 68 acres along 18 miles of banks and
canyonland slopes above the Salmon River, Idaho County, Idaho. Known
localities within the Salmon River unit include Coddy Draw, Henry's
Gulch, John Day Creek, Long Gulch, Lucas Draw, Lucile Caves,
Skookumchuck Creek, and Slicker Bar. The third unit, the Imnaha, was
discovered in 1983 and has approximately 800 plants on 70 acres of
habitat along 3 miles of canyonland slopes above the Imnaha River,
Wallowa County, Oregon. Within the Imnaha unit, only two localities,
Fence Creek and Buck Creek, have been documented. The plants generally
occur on talus slopes within canyonland corridors above the three
rivers.
Within the Snake River unit, all of the plants occur on Nez Perce
and Wallowa/Whitman National Forests lands. A majority of the plants
along the Snake River are within the Hells Canyon National Recreation
Area. Within the Salmon River unit, 935 plants (56 percent) inhabit 13
acres of private lands with the remaining plants and 55 acres of
habitat managed by the Bureau (Coeur d'Alene District). Within the
Imnaha unit, approximately 300 plants (37 percent) are located on 10
acres of private lands. The remaining 500 plants occur on 60 acres of
Wallowa/Whitman National Forest lands above Fence Creek, Wallowa
County, Oregon.
No other species of Mirabilis occurs in Hells Canyon and no member
of the regional flora resembles MacFarlane's four-o'clock. This large
plant is easily recognized by its large, green, succulent leaves that
are oppositely arranged on the stem. The cluster of large, magenta
flowers is unlike anything else in the flora of the northwest (Moseley,
Idaho Department of Fish and Game, pers. comm. 1992). The generic name,
Mirabilis, in Latin means wondrous.
Mirabilis taxa in the United States are mainly restricted to the
southwest. It is unusual for Mirabilis macfarlanei to exist as far
north as west-central Idaho and northeast Oregon. It is conjectured
that the genus expanded northward during a period of warmer climate. As
regional climates cooled, the species or its predecessor was, in
essence, ``trapped'' (Stebbins 1979). The Salmon River and Snake River
canyonland areas in northeastern Oregon and west-central Idaho provide
some of the longest growing seasons and mildest winter conditions of
the intermountainous region east of the Oregon Cascades. Mirabilis
macfarlanei is found on talus slopes in canyonland corridors where
[[Page 10694]]
the climate is regionally warm and dry with precipitation occurring
mostly in a winter-to-spring period. If M. macfarlanei originated in
northern areas during a warmer period and its path of retreat with
cooling climate was cut off by less favorable conditions, the warmer
climate (such as near Riggins, Idaho, in the Salmon River Canyon) would
explain the restricted distribution of the species.
Mirabilis macfarlanei generally occurs as scattered plants on open,
steep (50 percent) slopes of sandy soils, generally having west to
southeast aspects. However, during the 1984 season, a locality was
discovered having an east aspect. Talus rock underlies the soil in
which the plants are rooted. There are a variety of soils that support
this plant throughout its range. Sandy soils support some of the Long
Gulch populations of M. macfarlanei and are quite susceptible to
displacement by wind and water erosion.
The plant community is in a transition zone between Agropyron
spicatum-Poa sandbergii and Rhus glabra-Agropyron spicatum, consisting
of Agropyron spicatum (bluebunch wheatgrass), Bromus tectorum
(cheatgrass), Sporobolus cryptandrus (sand dropseed), Phacelia
heterophylla (scorpion weed), Lomatium dissectum (desert parsley),
Celtis reticulata (hackberry), Rhus glabra (smooth sumac), Achillea
millefolium (yarrow), and Chrysothamnus nauseosus (rabbit bush)
(Daubenmire 1970, Franklin and Dyrness 1973). Near Long Gulch, Idaho,
an Agropyron spicatum-Poa sandbergii community existed. The latter
species have, however, been replaced by the alien Bromus tectorum
(Johnson 1984).
From 1936 to 1979, Mirabilis macfarlanei was known only from two
localities with approximately 27 individual plants. Subsequently, M.
macfarlanei was added to the Federal List of Endangered and Threatened
Plants on October 26, 1979 (44 FR 61912), as an endangered species.
At the time Mirabilis macfarlanei was listed as endangered,
estimates of population size (number of plants) were based upon sparse
data. Prior to listing, several professional and amateur botanists
actively searched for the plant in several canyonlands in Idaho and
Oregon without success. Many botanists believed that the plant was
extremely rare and perhaps extirpated from likely habitat in Idaho and
Oregon.
The 1985 Mirabilis macfarlanei Recovery Plan includes the following
primary sub-objective for delisting the species:
Mirabilis macfarlanei may be considered recovered when a total
of 10 colonies (5 colonies, or any combination of 10, in each of 2
geographically distinct and isolated populations) are protected and
managed to assure their continued existence * * *
Specific criteria for reclassifying from endangered to threatened:
Mirabilis macfarlanei may be considered for reclassification to
threatened when four of the colonies in each population meet the
above criteria. The objectives will be reevaluated should new
colonies be discovered.
Recovery objectives have been reevaluated based on additional
information developed since 1985. For example, extant colonies (defined
as localities currently occupied by plants) that are being protected
and managed meet the criteria for reclassification from endangered to
threatened. An updated Recovery Plan will be prepared reflecting data
obtained since the plant was listed in 1979.
Previous Federal Action
Federal action on this plant taxon began as a result of section 12
of the Act, which directed the Secretary of the Smithsonian Institution
to prepare a report on plants considered to be endangered, threatened,
or extinct in the United States. This report, designated as House
Document No. 94-51, was presented to Congress on January 9, 1975. In
that document Mirabilis macfarlanei was considered to be endangered.
On July 1, 1975, the Service published a notice in the Federal
Register (40 FR 27823) of its acceptance of this report as a petition
within the context of section 4(c)(2) (now section 4(b)(3)) of the Act,
and its intention to review the status of the plant taxa named therein.
As a result of that review, on June 16, 1976, the Service published a
proposed rule in the Federal Register (41 FR 24523) to determine
endangered status pursuant to section 4 of the Act for approximately
1,700 vascular plant taxa including Mirabilis macfarlanei. The list of
1,700 species was assembled on the basis of comments and data received
by the Smithsonian Institution and the Service in response to House
Document No. 94-51 and the July 1, 1975, Federal Register publication.
General comments received in relation to the 1976 proposal are
summarized in an April 26, 1978, Federal Register publication (43 FR
17909). On October 26, 1979, the Service published a final rule listing
M. macfarlanei as an endangered species (44 FR 61912). A recovery plan
was developed and approved for M. macfarlanei on March 27, 1985.
Summary of Comments and Recommendations
In the August 26, 1993, proposed rule to reclassify the species
from endangered to threatened (58 FR 45085) and associated
notifications, all interested parties were requested to submit factual
reports or information that might contribute to the development of a
final decision. Appropriate State agencies, county governments, city
governments, Federal agencies, scientific organizations, and other
interested parties were contacted and requested to comment. Newspaper
notices inviting public comments were published in the Idaho Statesman
on October 11, 1993, and in the Portland Oregonian and the Lewiston
Tribune on October 12, 1993.
One written comment was received during the 60-day comment period
following publication of the proposed rule. The comment was submitted
by the U.S. Forest Service. They were in favor of the reclassification
of the species to threatened status and provided information considered
in developing this rule.
Summary of Factors Affecting the Species
After a through review and consideration of all information
available, the Service has determined that Mirabilis macfarlanei should
be reclassified from an endangered to a threatened species. Section 4
of the Endangered Species Act (16 U.S.C. 1533) and regulations (50 CFR
part 424) promulgated to implement the listing provisions of the Act
set forth the procedures for reclassifying species on the Federal
lists. A species may be listed or reclassified as endangered or
threatened species due to one or more of the five factors described in
section 4(a)(1). These factors and their application to Mirabilis
macfarlanei Const. and Roll. (MacFarlane's four-o'clock) are as
follows:
A. The Present or Threatened Destruction, Modification, or
Curtailment of Its Habitat or Range. During a 1991 plant survey,
threats identified in the Hells Canyon National Recreation Area portion
of the Snake River unit included resumed prospecting or mining near the
``Mine Gulch'' population of Mirabilis macfarlanei. Habitat destruction
due to vehicular travel along with surface disturbance associated with
mining could contribute to degradation of M. macfarlanei habitat. For
example, the widening of Road No. 493 in the vicinity of the Kurry
Creek population
[[Page 10695]]
has caused surface disturbance with talus material falling on plants.
Livestock damage was also observed during the 1991 survey, but
appeared to minimally impact the species. There was increased weedy
invasion in many areas because of previous grazing activity (Mancuso
and Moseley 1991). At the present time, all of the populations of
Mirabilis macfarlanei within the Snake River unit are on habitat
managed by the U.S. Forest Service and are directly or indirectly
protected through the section 7 consultation process.
B. Overutilization for commercial, recreational, scientific, or
educational purposes. Increased collecting pressure is a foreseeable
problem if the sites become known. The collection of plant material
could easily cause extirpation from many of the localities, especially
those with small numbers of plants. Other species of Mirabilis are
cultivated and prized as garden ornamentals. Mirabilis macfarlanei is
an attractive plant with a very showy magenta flower. For example,
Hitchcock et al. (1973) recommended that the ``rather attractive''
plants are worth a try in the wild garden. Statements such as this
could invoke actions that place the species in further jeopardy. The
Cottonwood Landing population occurs adjacent to a hiking trail along
the Snake River in Hells Canyon. Although the population is still
unprotected from casual collecting, there has been no apparent decline
of the species at this location. Because Hells Canyon is designated as
a National Recreation Area, there is a potential for increased
recreational use of the river trail and potential collecting.
C. Disease or Predation. Mule deer prefer forbs and some
utilization of Mirabilis macfarlanei has been observed (Johnson 1984).
In the West-Kurry Divide 3 location, some feeding has apparently been
done by deer and rabbits, but the plant population is not particularly
threatened by this use (Mancuso and Moseley 1991).
Studies were conducted by the Bureau between 1981 and 1983 to
determine the effect of domestic grazing on Mirabilis macfarlanei in
the Long Gulch and John Day sites of Idaho (Johnson 1984). The study
included both ``cattle grazing'' and ``no cattle grazing'' treatments.
The no cattle grazing treatment utilized a 45-acre exclosure at Long
Gulch. The grazing treatment was on Bureau land between Long Gulch and
John Day Creek. Both of these areas were historically used for fall and
spring range by sheep and cattle, with the primary grazing period
during spring from late March to early June. This coincides with the
peak flowering time for M. macfarlanei from mid-May to early June.
Bureau studies indicate that M. macfarlanei can be adversely affected
by high grazing pressure and concentrations of livestock (Johnson
1984). However, moderate to light grazing has caused no detrimental
impact to the plant (Johnson, pers. comm. 1992). Tueller and Tower
(1979) observed that exclosure sites previously subjected to heavy
livestock grazing and now provided protection produce high yields of
native forbs and grasses.
During the period of human settlement, much of the Salmon River
area was heavily grazed by domestic livestock, with a decline in
overall range condition and climax vegetation. Within the Salmon River
evolutionary unit, grazing is no longer a threat to populations of
Mirabilis macfarlanei. The Bureau has reduced grazing on Bureau lands
to a point where the plant species is not adversely affected. In the
John Day locale, one private landowner has reduced grazing in a
cooperative effort to protect M. macfarlanei plants and habitat (Riley,
Bureau of Land Management, pers. comm. 1992).
In the Snake River evolutionary unit, the Forest Service has two
grazing allotments in the vicinity where Mirabilis macfarlanei plants
are found. However, one allotment in the Tyron Bar area has not been
grazed for 12 years. The Hells Canyon National Recreation Area is
currently soliciting scoping comments on a proposal to stock portions
of the allotment. The proposal will exclude that habitat in the
vicinity of the Tyron Bar M. macfarlanei populations. In the second
allotment, the area in the vicinity of the West-Kurry Divide 1, 2, and
3, M. macfarlanei populations are not suitable for grazing due to the
lack of water. The Forest Service has also initiated a policy that
requires removing domestic livestock from M. macfarlanei sites before
the plant starts to grow in April (Stein, pers. comm. 1992). Currently,
general range improvement has taken place in the canyonlands in the
Snake River evolutionary unit where M. macfarlanei occurs, due
primarily to improved livestock grazing management.
As described in the 1979 final rule that listed Mirabilis
macfarlanei as an endangered species, at least two species of fungi had
been observed on the vegetative parts of the plants in Idaho. Current
information neither mentions nor references fungi species affecting
plant parts. The fungus identified as a threat in the 1979 listing has
not since been reported.
Insect depredation has also been shown to be detrimental to
Mirabilis macfarlanei. A lepidopteran (Lithariapteryx spp.) has been
discovered feeding on the buds and leaves of M. macfarlanei (Baker
1983). Examination of some of the nearly opened flowers revealed
ovaries, as well as other floral and vegetative parts, eaten away. In
addition, a second group of depredating insects, including at least two
species of spittle bugs, was so abundant on certain plants as to cause
the complete dieback of all emergent plant parts (Baker 1983). In many
cases, there was significant plant stunting where sizeable numbers of
spittle bugs were observed (Baker 1983, 1984). However, these effects
have not been observed at all sites.
D. The inadequacy of existing regulatory mechanisms. Habitat
Management Plans (HMP's) have been developed and implemented for
Mirabilis macfarlanei for three populations on Bureau lands in the
Salmon River unit to provide protection and quality habitat for the
species. The three HMP's are for the Long Gulch, Skookumchuck, and
Lucile Caves areas in Idaho County, Idaho, along the Salmon River. The
Long Gulch HMP area, which includes 45 acres, was fenced in 1981 to
exclude cattle grazing. Monitoring studies that began in 1983 used the
fenced area to evaluate and compare an ungrazed area with nearby grazed
lands. The Skookumchuck HMP, which includes 28 acres located between
Highway 95 and the old highway, was developed primarily as a protection
mechanism against herbicide use in the immediate area. In addition,
seasonal monitoring of M. macfarlanei is conducted within the
Skookumchuck HMP to determine the trends of the small population. The
Lucile Caves HMP was developed to monitor the success of transplanting
plants in the area and for use as a research area. Monitoring of the
Lucile Caves transplant project indicates that the transplanted
population has remained static.
Under the Oregon Endangered Species Act (ORS 564.100-564.135) and
pursuant regulations (OAR 603, Division 73), the Oregon Department of
Agriculture has listed Mirabilis macfarlanei as endangered (OAR 603-73-
070). The Oregon statute contains prohibitions against the ``take'' of
State-listed plants, but there are exceptions and significant
enforcement difficulties. Some private landowners in Idaho and Oregon
have cooperated with the Bureau and the Forest Service to assist in the
conservation of M. macfarlanei.
Currently, Idaho has not passed legislation to protect endangered
or
[[Page 10696]]
threatened plants or developed an official State list of such plants.
E. Other natural or manmade factors affecting its continued
existence. In Bureau studies conducted between 1981 and 1983, no
Mirabilis macfarlanei plants were noted on moderately sloped areas
(less than 20 percent) that were historically used by livestock for
loafing and concentration areas (Johnson 1984). Cattle trampling damage
to plants was observed in the grazed area, but appeared limited. The
presence of livestock trampling the ground and causing soil erosion is
also a potential hazard. However, minimal erosion was noticed in the
Hells Canyon population locales, even though there was some grazing
(Mancuso and Moseley 1991).
Within the Snake River unit, most of the natural communities in the
Pittsburg portion of Hells Canyon have been degraded by the invasion of
alien weedy plant species, many of them annuals. Most of this
degradation has been aggravated by many years of intensive domestic
grazing pressures (Mancuso and Moseley 1991). Undesirable plants,
especially Bromus tectorum, have increased as a result of grazing
(Johnson 1984). Because of alien species invasion, the germination,
growth, and development of native plants are often impeded. Continued
invasion by weedy alien species has been an ongoing problem for
Mirabilis macfarlanei and many other native plant species. As a result,
the inhibition of M. macfarlanei growth and development has been noted
(Baker 1983).
The Service initiated a study to determine the allelopathic
(interference) effects of Bromus tectorum on Mirabilis jalapa (Peruvian
four-o'clock). Preliminary studies indicate that B. tectorum inhibits
the germination, growth, and development of M. jalapa plants. Other
selected plants used in laboratory studies showed inhibition similar to
M. jalapa (Owen 1984). Field studies indicate M. macfarlanei is
adversely affected when growing with dense stands of B. tectorum (Baker
1983; Johnson, pers. comm. 1992). This is especially true during the
earlier stages of growth.
To date, low seed viability for Mirabilis macfarlanei has been
reported; therefore, viable sexual propagation may be very low (Johnson
1984). Low seed viability reduces genetic variability within the
species. Primary reproduction of M. macfarlanei is rhizomatous and
plants are long-lived. Because M. macfarlanei plant populations appear
to be static after 12 years of data collection, ``natural'' increases
are probably very slow or non-existent.
Past indiscriminate herbicide spraying has had adverse effects on
the small number of Mirabilis macfarlanei plants located within the
Salmon River unit downslope from Highway 95. In addition, using
insecticides for insect control is detrimental to many of the known
pollinators of this species, including several genera of bees. Species
of the Bombus genus are apparently the most effective pollinators.
Remaining localities of Mirabilis macfarlanei with small numbers of
plants are subject to elimination from stochastic events. Species that
are reduced to very small numbers may also be subject to the additional
threat of poor genetic viability. Small numbers may reduce the ability
of M. macfarlanei to adapt to environmental changes or events that may
cause their extirpation. However, the smaller populations reported at
several localities in recent surveys have been characterized as
vigorous to extremely vigorous.
In summary, this species has been the focus of a 12-year recovery
program, and has benefitted from management and research
accomplishments. The amount of occupied habitat that has been located
in Idaho and Oregon since listing represents a three-fold increase due
to new discoveries. In addition, the number of known individuals has
increased two hundred sixty-fold from 27 plants, when listed, to
approximately 7,212 plants by 1991.
In 1990 and 1991, permanent plots for monitoring population trends
of Mirabilis macfarlanei were established at Tyron Bar above the Snake
River in Oregon, at Fence Creek on the Imnaha River in Oregon, and West
Creek on the Snake River in Idaho. A population model to determine
population viability will be developed (Kaye et al. 1990). Specific
parameters monitored in Idaho and Oregon include: (1) numbers at each
census plot, (2) cover, (3) average height, (4) flowering plants, (5)
phenology, (6) climatic data, (7) deer-, elk-, and cattle-use days, and
(8) other vegetation trend data. Permanent photo trend plots, belt
transects, and permanent plots have also been established.
Further recovery efforts for Mirabilis macfarlanei will depend on
cooperation with private landowners. The Service is exploring
opportunities for land exchanges to acquire private lands for public
ownership to further protect the species.
The discovery of additional localities on public lands, better
grazing management, and the static condition of existing populations in
both the Salmon River and the Snake River evolutionary units have
reduced the degree of threat to this species. The Service is encouraged
by the discovery of the third Mirabilis macfarlanei unit, with the
possibility of more locales being found within each of these
evolutionary units. The commitment by the Forest Service to monitor and
evaluate M. macfarlanei population trends on their lands has benefited
the species. The Forest Service has revised livestock grazing practices
at locations within the Snake River unit containing M. macfarlanei, so
that the plants can germinate and develop. Continued monitoring,
research, and revised grazing management activities by the Bureau at
locations containing M. macfarlanei in the Salmon River evolutionary
unit has also provided the Service with valuable information on M.
macfarlanei. The cooperation between the land management agencies and
private landowners has also added to the effort to conserve M.
macfarlanei plants and habitat.
In reviewing the progress toward recovery that this species has
made since listing, the Service concludes that Mirabilis macfarlanei is
no longer in danger of extinction throughout all or a significant
portion of its range. However, due to a lack of plant recruitment in
some areas, insect predation, alien plant invaders, and several small
populations, the Service finds that delisting this species is not
warranted at this time. In light of the foregoing threats, M.
macfarlanei may still be likely to become endangered in the foreseeable
future without further site protection and improved recruitment.
The Service has carefully assessed the best scientific and
commercial information available regarding past, present, and future
threats faced by the species in finalizing this rule. Based on this
evaluation, this rule reclassifies Mirabilis macfarlanei from
endangered to threatened status. Critical habitat is not being
designated for reasons discussed in the ``Critical Habitat'' section of
this rule.
Critical Habitat
Section 4(a)(3) of the Act, as amended, and implementing
regulations (50 CFR 424.12) require that, to the maximum extent prudent
and determinable, the Secretary designate critical habitat at the time
a species is listed. The Service finds that designation of critical
habitat is not prudent for Mirabilis macfarlanei at this time. Service
regulations (50 CFR 424.12(a)(1) state that designation of critical
habitat is not prudent when one or both of the following situations
[[Page 10697]]
exist--(1) The species is threatened by taking or other human activity,
and identification of critical habitat can be expected to increase the
degree of threat to the species, or (2) such designation of critical
habitat would not be beneficial to the species.
As discussed under Factor B above, Mirabilis macfarlanei is
vulnerable to taking and vandalism. Landowners have been alerted to the
presence of the plant without the publication of precise maps and
descriptions of critical habitat in the Federal Register, as required
in a proposal for critical habitat. The publication of such precise
maps and descriptions would increase the vulnerability of these plants
to take or vandalism and, therefore, could contribute to their decline.
As noted previously, M. macfarlanei is an attractive plant with
beautiful magenta flowers. Protection of the species' habitat will
continue to be addressed through the recovery process and through the
section 7 consultation process. Therefore, the Service finds that
designation of critical habitat for M. macfarlanei is not prudent at
this time because such designation would increase the species'
vulnerability to vandalism and collecting and because it is unlikely to
aid in the conservation of the species.
Effects of the Rule
This rule changes the status of Mirabilis macfarlanei from
endangered to threatened and formally recognizes that this species is
no longer in imminent danger of extinction throughout a significant
portion of its range. Reclassification to threatened does not
significantly alter the protection afforded this species under the Act.
Section 7(a) of the Act requires Federal agencies to evaluate their
actions with respect to any listed species. The consultation and other
requirements of section 7 apply equally to endangered and threatened
species. Most populations of Mirabilis macfarlanei occur on Forest
Service or Bureau lands. These agencies have been involved in recovery
and section 7 consultation activities for this species since it was
listed as endangered in 1979 and are likely to remain involved.
Recovery activities are not expected to diminish since the primary
objective of the recovery strategy is delisting of the species. The
recovery plan will be revised to reflect information acquired since the
original plan was approved in 1985.
Certain prohibitions that apply to endangered plants do not apply
to plants listed as threatened. The removal and reduction to possession
of Mirabilis macfarlanei from areas under Federal jurisdiction
continues to be prohibited under section 9 of the Act and 50 CFR 17.71.
However, the malicious damage or destruction of endangered plants on
areas under Federal jurisdiction, and the removal, cutting, digging up
or damage or destruction of endangered species on any other area in
knowing violation of any State law or regulation or in the course of
any violation of a State criminal trespass law will no longer
constitute a violation of section 9. Take of M. macfarlanei will
continue to be prohibited pursuant to the State of Oregon's Endangered
Species Act. The import, export, and interstate and foreign commerce
prohibitions of section 9 continue to apply to M. macfarlanei.
Pursuant to section 10 of the Act and 50 CFR 17.72, permits may be
issued to carry out otherwise prohibited activities involving
threatened plants. Such permits are available for scientific purposes
and to enhance the propagation or survival of endangered and threatened
species. For threatened plants, permits also are available for
botanical or horticultural exhibition, educational purposes, or special
purposes consistent with the purposes and policy of the Act. Requests
for copies of the regulations regarding listed species and inquiries
about prohibitions and permits may be addressed to the U.S. Fish and
Wildlife Service, Ecological Services, Endangered Species Permits, 911
NE. 11th Avenue, Portland, Oregon 97232-4181 (503/231-2063; FAX 503/
231-6243).
This reclassification is not an irreversible commitment on the part
of the Service. Reclassifying Mirabilis macfarlanei to endangered would
be possible should changes occur in management, habitat, or other
factors that alter the present threats to the species' survival and
recovery.
National Environmental Policy Act
The Fish and Wildlife Service has determined that Environmental
Assessments and Environmental Impact Statements, as defined under the
authority of the National Environmental Policy Act of 1969, need not be
prepared in connection with regulations adopted pursuant to section
4(a) of the Endangered Species Act of 1973, as amended. A notice
outlining the Service's reasons for this determination was published in
the Federal Register on October 25, 1983 (48 FR 49244).
References Cited
A complete list of all references cited herein is available upon
request from the Boise Field Office (See ADDRESSES above).
Author: The primary author of this final rule is Dr. Andrew F.
Robinson Jr., U.S. Fish and Wildlife Service, 2600 SE 98th Avenue,
Suite 100, Portland, Oregon 97266 (503/231-6179).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, and Transportation.
Regulation Promulgation
Accordingly, part 17, subchapter B of chapter I, title 50 of the
Code of Federal Regulations, is amended as set forth below:
PART 17--[AMENDED]
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.
4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.
Sec. 17.12 [Amended]
2. Section 17.12(h) is amended by revising the entry in the
``Status'' column for Mirabilis macfarlanei under ``FLOWERING PLANTS''
to ``T'' instead of ``E'', and the entry in the ``When listed'' column
to read ``66,581''.
Dated: November 9, 1995.
Mollie H. Beattie,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 96-6213 Filed 3-14-96; 8:45 am]
BILLING CODE 4310-55-P
Complete official Federal Register PDF
FR Doc. 96-6208 Delegated Authority to Process Mutually Exclusive ITFS Applications
[Federal Register Volume 61, Number 52 (Friday, March 15, 1996)]
[Rules and Regulations]
[Pages 10688-10689]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6208]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 0
[FCC 96-92]
Delegated Authority to Process Mutually Exclusive ITFS
Applications
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: On February 8, 1996, President Clinton signed into law the
Telecommunications Act of 1996 (Telecom Act).1 Section 403(c) of
the Telecom Act authorizes the Commission to delegate to the staff the
authority to process and grant from among mutually exclusive
applications for Instructional Television Fixed Service (ITFS)
facilities. By this Order, we exercise this option and delegate such
authority to the staff.
\1\ Public Law No. 104-104, 110 Stat. 56 (1996).
---------------------------------------------------------------------------
EFFECTIVE DATE: March 15, 1996.
FOR FURTHER INFORMATION CONTACT: Paul R. Gordon, Mass Media Bureau,
Policy and Rules Division, Legal Branch, (202) 418-2130.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order,
FCC 96-92, adopted March 7, 1996 and released March 8, 1996. The full
text of this Commission decision is available for inspection and
copying during normal business hours in the FCC Dockets Branch (Room
239), 1919 M Street, N.W., Washington, D.C. The complete text of this
decision may also be purchased from the Commission's copy contractor,
International Transcription Services, (202) 857-3800, 2100 M Street,
N.W., Suite 140, Washington, DC 20037.
Synopsis of Order
1. Statutory Authority to Delegate. Mutually exclusive applications
for new ITFS facilities currently are resolved by the full Commission
in a paper hearing by means of a point accumulation system. After
calculating each applicant's score based on information submitted with
the application, the Commission determines which applicant is the most
qualified to serve the public interest. Because this is considered a
comparative hearing, the processing staff has been statutorily barred
from granting or denying any of the applications. Pursuant to the
Administrative Procedure Act (``APA''), the Commission itself must
preside in the taking of evidence in a comparative hearing, or it may
delegate this function to either (1) one or more members of the
Commission, or (2) one or more administrative law judges.2
However, the APA adds that these limitations do not supersede agency
delegation authority that is designated under statute.3
\2\ 5 U.S.C. 556(b)(2) and (3).
\3\ 47 U.S.C. 556(b) (``this subchapter does not supersede the
conduct of specified classes of proceedings, in whole or in part, by
or before boards or other employees specially provided for or
designated under statute'').
---------------------------------------------------------------------------
2. Section 403(c) of the Telecom Act authorizes such a delegation
with regard to the processing of ITFS applications, expressly
superseding the APA's restrictions. It replaces the last sentence of
Section 5(c)(1) of the Communications Act of 1934 with the following:
Except for cases involving the authorization of service in the
instructional television fixed service, or as otherwise provided in
this Act, nothing in this paragraph shall authorize the Commission
to provide for the conduct, by any person or persons other than
persons referred to in paragraph (2) or (3) of section 556(b) of
title 5, United States Code [the APA], of any hearing to which such
section applies.4
\4\ To be codified at 47 U.S.C. 155(c)(1).
---------------------------------------------------------------------------
3. Exercise of the Commission's Delegation Authority. We believe
that delegation to the staff of ITFS processing authority will speed
the processing of ITFS applications, complementing recent rule changes
designed to increase ITFS processing efficiency. Moreover, the
Commission has conducted a substantial number of hearings for ITFS
facilities over the past several years and has developed a large body
of case law addressing a variety of issues. Educational applicants,
their wireless cable lessees, and Commission staff have become familiar
with the many legal and technical issues involved in applying for ITFS
facilities. Thus, we believe that delegation will serve the public
interest by increasing processing efficiency and allowing more rapid
authorization and initiation of service to the public.
Administrative Matters. Because this action involves rules of
agency organization and procedure, the notice
[[Page 10689]]
and comment requirements of the APA, 5 U.S.C. 553(b)(A), are
inapplicable.
Ordering Clauses. Therefore, it is ordered That the authority to
conduct a hearing and to select from among mutually exclusive
applications in the Instructional Television Fixed Service is delegated
to the staff.
4. It is further ordered That, pursuant to authority contained in
sections 4(i) and 303 of the Communications Act of 1934, as amended,
Secs. 0.151 and 0.283 of the Commission's Rules, 47 CFR 0.151, 0.283,
are amended as set forth below.
5. Because this involves an internal procedural matter not
affecting the substantive rights of any entity, and in order to
expedite the processing of ITFS applications, it is further ordered
that for good cause shown pursuant to the provisions of 5 U.S.C.
553(d)(3), this Order shall become effective immediately upon
publication in the Federal Register.
6. It is further ordered That this proceeding is terminated.
7. Authority for the adoption of the foregoing revision is
contained in sections 5(b), 5(c)(1), and 303(r) of the Communications
Act of 1934, as amended, 47 U.S.C. 155(b), 155(c)(1), and 303(r).
List of Subjects in 47 CFR Part 0
Organization and functions (Government agencies).
Federal Communications Commission.
William F. Caton,
Acting Secretary.
Rule Changes
Part 0 of title 47 of the Code of Federal Regulations is amended as
follows:
PART 0--COMMISSION ORGANIZATION
1. The authority citation for part 0 continues to read as follows:
Authority: Sec. 5, 48 Stat. 1068, as amended; 47 U.S.C 155, 225,
unless otherwise noted.
2. Section 0.151 is revised to read as follows:
Sec. 0.151 Functions of the Office.
The Office of Administrative Law Judges consists of a Chief
Administrative Law Judge, an Assistant Chief Administrative Law Judge,
and as many other Administrative Law Judges qualified and appointed
pursuant to the requirements of section 11 of the Administrative
Procedure Act as the Commission may find necessary. It is responsible
for hearing and conducting all adjudicatory cases designated for any
evidentiary adjudicatory hearing other than those designated to be
heard by the Commission en banc, those designated to be heard by one or
more members of the Commission, and those involving the authorization
of service in the Instructional Television Fixed Service. The Office of
Administrative Law Judges is also responsible for conducting such other
hearings as the Commission may assign.
3. Section 0.283 is amended by revising paragraph (a)(9)(i) to read
as follows:
Sec. 0.283 Authority delegated.
* * * * *
(a) * * *
(9) * * *
(i) Mutually exclusive applications not in the Instructional
Television Fixed Service, including renewal and construction permit
applications, involving non-routine hearing issues.
* * * * *
[FR Doc. 96-6208 Filed 3-14-96; 8:45 am]
BILLING CODE 6712-01-P
Complete official Federal Register PDF
FR Doc. 96-6207 Implementation of Sections 202(a) and 202(b)(1) of the Telecommunications Act of 1996 (Broadcast Radio Ownership)
[Federal Register Volume 61, Number 52 (Friday, March 15, 1996)]
[Rules and Regulations]
[Pages 10689-10691]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6207]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR PART 73
[FCC 96-90]
Implementation of Sections 202(a) and 202(b)(1) of the
Telecommunications Act of 1996 (Broadcast Radio Ownership)
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This Order amends the Commission's Rules to eliminate current
national multiple radio ownership restrictions and to relax local radio
ownership restrictions (the ``radio contour overlap'' rule). This
action is necessary to conform the current rules to section 202(a) and
202(b)(1) of the Telecommunications Act of 1996.
EFFECTIVE DATE: March 15, 1996.
FOR FURTHER INFORMATION CONTACT: Alan Aronowitz, Mass Media Bureau,
Policy and Rules Division, (202) 418-2130.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order,
FCC 96-92, adopted March 7, 1996 and released March 8, 1996. The full
text of this Commission decision is available for inspection and
copying during normal business hours in the FCC Dockets Branch (Room
239), 1919 M Street, N.W., Washington, D.C. The complete text of this
decision may also be purchased from the Commission's copy contractor,
International Transcription Services, (202) 857-3800, 2100 M Street,
N.W., Suite 140, Washington, DC 20037.
Synopsis of Order
By this Order, the Commission amends 47 CFR 73.3555 of its rules to
conform to provisions of the Telecommunications Act of 1996 (``Telecom
Act''), Public Law 104-104, 110 Stat. 56 (1996), signed into law by
President Clinton on February 8, 1996. Sections 202(a) and 202(b)(1) of
the Telecom Act direct the Commission to revise Sec. 73.3555 of its
Rules (47 CFR 73.3555) regarding the national multiple radio ownership
rule and the local radio ownership (``radio contour overlap'') rule.
National Radio Station Ownership
2. Section 73.3555(e)(1)(i) of the Commission's Rules generally
limits commercial radio ownership on a nationwide basis to no more than
20 AM stations and no more than 20 FM stations. Section
73.3555(e)(1)(i) further provides that an entity may have an
attributable but noncontrolling interest in an additional 3 AM and 3 FM
stations that are small business controlled or minority-controlled.
Section 202(a) of the Telecom Act directs the Commission to ``modify
Section 73.3555 of its regulations * * * by eliminating any provisions
limiting the number of AM or FM broadcast stations which may be owned
or controlled by one entity nationally.'' Accordingly,
Sec. 73.3555(e)(1)(i) will be deleted and the remainder of the rule
will be modified to reflect the changes directed by this section of the
Telecom Act.
Local Radio Station Ownership
3. The local radio ownership (``radio contour overlap'') rule, 47
CFR 73.3555(a)(1), defines the limits of local commercial radio
ownership by a single entity. Section 73.3555(a)(1) permits ownership
of up to three commercial radio stations, no more than two of which may
be in the same service, in radio markets with 14 or fewer stations,
provided that the owned stations, if other than a single AM and FM
station combination, represent less than 50 percent of the stations in
the market; in markets with 15 or more commercial radio stations,
ownership of up to two AM and two FM commercial radio stations is
generally permitted if the combined audience share of the commonly
owned stations does not exceed 25 percent in the market. Section
202(b)(1) of the Telecom Act requires the Commission to ``revise
section 73.3555(a) of its regulations * * * to provide that--
(A) In a radio market with 45 or more commercial radio stations,
a party may own, operate, or control up to 8 commercial radio
[[Page 10690]]
stations, not more than 5 of which are in the same service (AM or
FM);
(B) in a radio market with between 30 and 44 (inclusive)
commercial radio stations, a party may own, operate, or control up
to 7 commercial radio stations, not more than 4 of which are in the
same service (AM or FM);
(C) in a radio market with between 15 and 29 (inclusive)
commercial radio stations, a party may own, operate, or control up
to 6 commercial radio stations, not more than 4 of which are in the
same service (AM or FM); and
(D) in a radio market with 14 or fewer commercial radio
stations, a party may own, operate, or control up to 5 commercial
radio stations, not more than 3 of which are in the same service (AM
or FM), except that a party may not own, operate, or control more
than 50 percent of the stations in such market.''
Accordingly, Sec. 73.3555(a)(1) and 73.3555(a)(3)(iii) of the
Commission's Rules will be revised to reflect the changes directed by
section 202(b)(1) of the Telecom Act, as set forth below. Section
73.3555(a)(3)(iii), which defines a radio station's ``audience share''
for multiple radio ownership under the current rules, will be deleted.
Other Matters
4. This Order is limited to revising our rules as directed by
sections 202(a) and 202(b)(1) of the Telecom Act. Section 202(b)(2) of
the Telecom Act provides that notwithstanding any limitation authorized
by this subsection, the Commission may permit a person or entity to
own, operate, or control, or have a cognizable interest in, radio
broadcast stations if the Commission determines that such ownership,
operation, control, or interest will result in an increase in the
number of radio broadcast stations in operation. The implementation of
this particular provision will be addressed in a subsequent Notice of
Proposed Rule Making. Of course, entities are not precluded from asking
the Commission to apply this statutory exception in a particular case
before any rule changes.
5. The following aspects of our radio ownership rules, as set forth
in previous Commission decisions, are unaffected by the Telecom Act and
will remain in effect: (1) We will continue to define the relevant
radio market as the area encompassed by the principal community
contours (i.e., predicted or measured 5 mV/m for AM stations and
predicted 3.16 mV/m for FM stations) of the mutually overlapping
stations proposing to have common ownership. (2) The number of stations
in the market will continue to be determined based on the principal
community contours of all commercial stations whose principal community
contours overlap or intersect the principal community contours of the
commonly-owned and mutually overlapping stations. (3) The stations that
will be included within the market will continue to be operating
commercial full-power stations, including daytimers and foreign
stations. We will continue to exclude non-commercial stations,
translators and stations that are not operational. However, the
principal community contours of any non-operational commercial stations
that are part of a transaction or that are commonly-owned by a party to
the transaction will continue to be used to define the radio market and
to count the number of stations in the radio market. We also note that
time brokerage agreements between two stations in the same market that
involve more than 15 percent of the brokered station's programming per
week will continue to be treated as if the brokered station is owned by
the brokering station for purposes of the radio local ownership rules.
Administrative Matters
We are revising these rules without providing prior public notice
and comment because the rules being modified are mandated by the
applicable provisions of the Telecom Act. We find that notice and
comment procedures are unnecessary, and that this action therefore
falls within the ``good cause'' exception of the Administrative
Procedure Act. See 5 U.S.C. 553(b)(B) (notice requirements inapplicable
``when the agency for good cause finds . . . that notice and public
procedure thereon are impracticable, unnecessary, or contrary to the
public interest''). The rule changes adopted in this Order do not
involve discretionary action on the part of the Commission. Rather,
they simply implement provisions of the Telecom Act that direct the
Commission to revise its rules according to specific terms set forth in
the legislation.
Ordering Clause
7. Accordingly, it is ordered that pursuant to sections 202(a) and
202(b)(1) of the Telecommunications Act of 1996, and to sections 4(i)
and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C.
154(i), 303(r), part 73 of the Commission's Rules, 47 CFR part 73, is
amended as set forth below. We note that Sec. 73.3555(e) is also being
amended in the Order implementing certain of the Telecom Act's
broadcast television ownership provisions that is being released
simultaneously with this Order.1 For clarity, the amendments to
Sec. 73.3555(e) are being set forth only in that proceeding. The rules
will become effective upon publication of this Order in the Federal
Register.
\1\ Order, FCC 96-91 (released March 8, 1996).
---------------------------------------------------------------------------
List of Subjects in 47 CFR Part 73
Radio broadcasting.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
Rule Changes
Part 73 of title 47 of the Code of Federal Regulations is amended
as follows:
PART 73--RADIO BROADCAST SERVICES
1. The authority citation for part 73 continues to read as follows:
Authority: 47 U.S.C. 154, 303, 334.
2. Section 73.3555 is amended by revising paragraph (a) to read as
follows:
Sec. 73.3555 Multiple ownership.
(a)(1) Radio contour overlap rule. No license for an AM or FM
broadcasting station shall be granted to any party (including all
parties under common control) if the grant of such license will result
in overlap of the principal community contour of that station and the
principal community contour of any other broadcasting station directly
or indirectly owned, operated, or controlled by the same party, except
that such license may be granted in connection with a transfer or
assignment from an existing party with such interests, or in the
following circumstances:
(i) In a radio market with 45 or more commercial radio stations, a
party may own, operate, or control up to 8 commercial radio stations,
not more than 5 of which are in the same service (AM or FM);
(ii) In a radio market with between 30 and 44 (inclusive)
commercial radio stations, a party may own, operate, or control up to 7
commercial radio stations, not more than 4 of which are in the same
service (AM or FM);
(iii) In a radio market with between 15 and 29 (inclusive)
commercial radio stations, a party may own, operate, or control up to 6
commercial radio stations, not more than 4 of which are in the same
service (AM or FM); and
(iv) In a radio market with 14 or fewer commercial radio stations,
a party may own, operate, or control up to 5 commercial radio stations,
not more than 3 of which are in the same service (AM or FM), except
that a party may not own, operate, or control more than 50 percent of
the stations in such market.
[[Page 10691]]
(2) Overlap between two stations in different services is
permissible if neither of those two stations overlaps a third station
in the same service.
(3) (i) Where the principal community contours of two radio
stations overlap and a party (including all parties under common
control) with an attributable ownership interest in one such station
brokers more than 15 percent of the broadcast time per week of the
other such station, that party shall be treated as if it has an
interest in the brokered station subject to the limitations set forth
in paragraph (a)(1) of this section. This limitation shall apply
regardless of the source of the brokered programming supplied by the
party to the brokered station.
(ii) Every time brokerage agreement of the type described in
paragraph (a)(3)(i) of this section shall be undertaken only pursuant
to a signed written agreement that shall contain a certification by the
licensee or permittee of the brokered station verifying that it
maintains ultimate control over the station's facilities, including
specifically control over station finances, personnel and programming,
and by the brokering station that the agreement complies with the
provisions of paragraph (a) of this section.
(4) For purposes of this paragraph (a):
(i) The ``principal community contour'' for AM stations is the
predicted or measured 5 mV/m groundwave contour computed in accordance
with Sec. 73.183 or Sec. 73.186 and for FM stations is the predicted
3.16 mV/m contour computed in accordance with Sec. 73.313.
(ii) The number of stations in a radio market is the number of
commercial stations whose principal community contours overlap, in
whole or in part, with the principal community contours of the stations
in question (i.e., the station for which an authorization is sought and
any station in the same service that would be commonly owned whose
principal community contour overlaps the principal community contour of
that station). In addition, if the area of overlap between the stations
in question is overlapped by the principal community contour of a
commonly owned station or stations in a different service (AM or FM),
the number of stations in the market includes stations whose principal
community contours overlap the principal community contours of such
commonly owned station or stations in a different service.
(iii) ``Time brokerage'' is the sale by a licensee of discrete
blocks of time to a ``broker'' that supplies the programming to fill
that time and sells the commercial spot announcements in it.
* * * * *
[FR Doc. 96-6207 Filed 3-14-96; 8:45 am]
BILLING CODE 6712-01-U
Complete official Federal Register PDF
FR Doc. 96-6206 Implementation of Sections 202(c)(1) and 202(e) of the Telecommunications Act of 1996 (National Broadcast Television Ownership and Dual Network Operations)
[Federal Register Volume 61, Number 52 (Friday, March 15, 1996)]
[Rules and Regulations]
[Pages 10691-10692]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6206]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 73
[FCC 96-91]
Implementation of Sections 202(c)(1) and 202(e) of the
Telecommunications Act of 1996 (National Broadcast Television Ownership
and Dual Network Operations)
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: On February 8, 1996, President Clinton signed into law the
Telecommunications Act of 1996 (Telecom Act).1 Section 202(c)(1)
of the Telecom Act directs the Commission to revise its Rules regarding
the national television station multiple ownership rules. Section
202(e) of the Telecom Act directs us to revise the Commission's Rules
with respect to dual networking operations. With this Order, we conform
our rules to these particular provisions of the Telecom Act.
\1\ Pub. L. 104-104, 110 Stat. 56 (1996).
---------------------------------------------------------------------------
EFFECTIVE DATE: March 15, 1996.
FOR FURTHER INFORMATION CONTACT: Alan Aronowitz, Mass Media Bureau,
Policy and Rules Division, Legal Branch, (202) 418-2130, or via the
Internet at [email protected].
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order,
FCC 96-91, adopted March 7, 1996 and released March 8, 1996. The full
text of this Commission decision is available for inspection and
copying during normal business hours in the FCC Dockets Branch (Room
239), 1919 M Street, NW., Washington, DC. The complete text of this
decision may also be purchased from the Commission's copy contractor,
International Transcription Services, (202) 857-3800, 2100 M Street,
NW., Suite 140, Washington, DC 20037.
Synopsis of Order
1. National Ownership Limitations. Currently,
Sec. 73.3555(e)(1)(ii) through (iii), (2) and (3) of the Commission's
Rules set forth the rules and operative definitions regarding national
ownership limitations applicable to commercial television stations. The
rule prohibits entities from having an attributable ownership or other
cognizable interest in more than 12 such stations, except that such an
interest in two additional stations is permitted, for a total of 14
stations, if these additional stations are minority-controlled. The
rule also prohibits an entity from having an attributable ownership or
other cognizable interest in a station if it would result in that
entity having such an interest in television stations with an aggregate
national audience reach exceeding 25 percent (an additional 5 percent
reach is permitted, for a total of 30 percent, if it is derived from
minority-controlled stations). For purposes of calculating this
aggregate audience reach under the rules, UHF stations are attributed
with only 50 percent of their audience reach (the ``UHF
discount''),2 and stations which are primarily satellite
operations are generally not counted (the ``satellite
exception'').3
\2\ 47 CFR 73.3555(e)(3)(i).
\3\ 47 CFR 73.3555(e)(3)(ii).
---------------------------------------------------------------------------
2. Section 202(c)(1) of the Telecom Act directs the Commission to
``modify its rules for multiple ownership set forth in Sec. 73.3555 of
its regulations * * *.
(A) by eliminating the restrictions on the number of television
stations that a person or entity may directly or indirectly own,
operate, or control, or have a cognizable interest in, nationwide; and
(B) by increasing the national audience reach limitation for
television stations to 35 percent.''
Section 73.3555(e) of the Commission's Rules will be revised to reflect
the changes directed by section 202(c)(1) of the Telecom Act, as set
forth below.
3. The Telecom Act is silent with respect to the UHF discount and
the satellite station exception, both of which are incorporated in the
definition of ``national audience reach'' set forth in
Sec. 73.3555(e)(3). The UHF discount and satellite exception are
matters presently under consideration in the Commission's outstanding
proceeding reviewing its television broadcast ownership rules,4
and any rule modifications with respect to these matters will be
addressed, as appropriate, in that proceeding. In calculating the
national audience reach in the interim, therefore, the UHF discount and
the satellite exception, as set forth in our current rules, will
continue to apply. However, any entity which acquires stations during
this interim period and which complies with the 35 percent audience
reach limitation only by virtue of one or both of these two provisions
will be subject to the outcome in the pending television
[[Page 10692]]
ownership proceeding concerning these issues. We accordingly retain and
redesignate Sec. 73.3555(e)(3) (i) and (ii). The remainder of the
definitions set forth in paragraph (e)(3) (defining ``minority'' and
``minority-controlled'') will be removed to conform to the rule changes
mandated by the Telecom Act.
\4\ See TV Ownership Further Notice, 60 FR 6490 (February 2,
1995).
---------------------------------------------------------------------------
4. Dual Network Operations. Section 73.658(g) of the Commission's
Rules, commonly known as the ``dual network'' rule, currently prohibits
television stations from affiliating with a network organization that
maintains more than one network of television stations unless the
networks are not operated simultaneously or unless there is no
substantial overlap in the territory served by the group of stations
comprising each such network. For purposes of the current rule, a
network organization is any entity that simultaneously broadcasts an
identical program to two or more interconnected stations.
5. Section 202(e) of the Telecom Act instructs the Commission to
``revise Section 73.658(g) of its regulations * * * to permit a
television broadcast station to affiliate with a person or entity that
maintains 2 or more networks of television broadcast stations unless
such dual or multiple networks are composed of--
(1) Two or more persons or entities that, on the date of enactment
of the Telecommunications Act of 1996, are `networks' as defined in
section 73.3613(a)(1) of the Commission's regulations [in essence, this
refers to the NBC, CBS, ABC, and Fox television networks] * * *; or
(2) any network described in paragraph 1 and an English-language
program distribution service that, on such date, provides 4 or more
hours of programming per week on a national basis pursuant to network
affiliation arrangements with local television broadcast stations in
markets reaching more than 75 percent of television homes (as measured
by a national ratings service) [in essence, this refers to the UPN or
WB television networks].''
Section 73.658(g) of the Commission's Rules will be modified to conform
to section 202(e) of the Telecom Act, as set forth below.
Administrative Matters
6. We are revising these rules without providing prior public
notice and an opportunity for comment because the rules being modified
are mandated by the applicable provisions of the Telecom Act. We find
that notice and comment procedures are unnecessary, and that this
action therefore falls within the ``good cause'' exception of the
Administrative Procedure Act (``APA'').5 The rule changes adopted
in this Order do not involve discretionary action on the part of the
Commission. Rather, they simply implement provisions of the Telecom Act
that direct the Commission to revise its rules according to specific
terms set forth in the legislation.
\5\ See 5 U.S.C. 553(b)(B) (notice requirements inapplicable
``when the agency for good cause finds * * * that notice and public
procedure thereon are impracticable, unnecessary, or contrary to the
public interest'').
---------------------------------------------------------------------------
Ordering Clause
7. Accordingly, IT IS ORDERED that pursuant to section 202(c)(1)
and 202(e) of the Telecommunications Act of 1996, and to section 4(i)
and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C.
154(i), 303(r), part 73 of the Commission's Rules, 47 CFR part 73, is
amended as set forth below. The rules are effective upon publication of
this Order in the Federal Register.6
\6\ See id. at section 553(d) (rules that relieve a restriction
may be effective less than 30 days after publication in the Federal
Register).
---------------------------------------------------------------------------
List of Subjects in 47 CFR Part 73
Radio broadcasting.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
Rule Changes
Part 73 of title 47 of the Code of Federal Regulations is amended
as follows:
PART 73--RADIO BROADCAST SERVICES
1. The authority citation for part 73 continues to read as follows:
Authority: 47 U.S.C. 154, 303, 334.
2. Section 73.658(g) is revised to read as follows:
Sec. 73.658 Affiliation agreements and network program practices;
territorial exclusivity in non-network program arrangements.
* * * * *
(g) Dual network operation. A television broadcast station may
affiliate with a person or entity that maintains two or more networks
of television broadcast stations unless such dual or multiple networks
are composed of:
(1) Two or more persons or entities that, on February 8, 1996, were
``networks.'' For the purposes of this paragraph, the term network
means any person, entity, or corporation which offers an interconnected
program service on a regular basis for 15 or more hours per week to at
least 25 affiliated television licensees in 10 or more states; and/or
any person, entity, or corporation controlling, controlled by, or under
common control with such person, entity, or corporation; or
(2) Any network described in paragraph (g)(1) of this section and
an English-language program distribution service that, on February 8,
1996, provided four or more hours of programming per week on a national
basis pursuant to network affiliation arrangements with local
television broadcast stations in markets reaching more than 75 percent
of television homes (as measured by a national ratings service).
* * * * *
3. Section 73.3555(e) is revised to read as follows:
Sec. 73.3555 Multiple ownership.
* * * * *
(e)(1) National television multiple ownership rule. No license for
a commercial TV broadcast station shall be granted, transferred or
assigned to any party (including all parties under common control) if
the grant, transfer or assignment of such license would result in such
party or any of its stockholders, partners, members, officers or
directors, directly or indirectly, owning, operating or controlling, or
having a cognizable interest in TV stations which have an aggregate
national audience reach exceeding thirty-five (35) percent.
(2) For purposes of this paragraph (e):
(i) National audience reach means the total number of television
households in the Arbitron Area of Dominant Influence (ADI) markets in
which the relevant stations are located divided by the total national
television households as measured by ADI data at the time of a grant,
transfer or assignment of a license. For purposes of making this
calculation, UHF television stations shall be attributed with 50
percent of the television households in their ADI market. Where the
relevant application forms require a showing with respect to audience
reach and the application relates to an area where Arbitron ADI market
data are unavailable, then the applicant shall make a showing as to the
number of television households in its market. Upon such a showing, the
Commission shall make a determination as to the appropriate audience
reach to be attributed to the applicant.
(ii) TV broadcast station or TV station excludes stations which are
primarily satellite operations.
* * * * *
[FR Doc. 96-6206 Filed 3-14-96; 8:45 am]
BILLING CODE 6712-01-P
Complete official Federal Register PDF
FR Doc. 96-6176 Groundfish of the Bering Sea and Aleutian Islands Area; Pacific Ocean Perch in the Central Aleutian District
[Federal Register Volume 61, Number 52 (Friday, March 15, 1996)]
[Rules and Regulations]
[Pages 10697-10698]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6176]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 675
[Docket No. 960129019-6019-01; I.D. 031196E]
Groundfish of the Bering Sea and Aleutian Islands Area; Pacific
Ocean Perch in the Central Aleutian District
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Closure.
-----------------------------------------------------------------------
SUMMARY: NMFS is closing the directed fishery for Pacific ocean perch
in the Central Aleutian District of the Bering Sea and Aleutian Islands
management area (BSAI). This action is necessary to prevent exceeding
the specification of Pacific ocean perch in this area.
[[Page 10698]]
EFFECTIVE DATE: 12 noon, Alaska local time (A.l.t.), March 11, 1996,
until 12 midnight, A.l.t., December 31, 1996.
FOR FURTHER INFORMATION CONTACT: Andrew N. Smoker, 907-586-7228.
SUPPLEMENTARY INFORMATION: The groundfish fishery in the BSAI exclusive
economic zone is managed by NMFS according to the Fishery Management
Plan for the Groundfish Fishery of the Bering Sea and Aleutian Islands
Area (FMP) prepared by the North Pacific Fishery Management Council
under authority of the Magnuson Fishery Conservation and Management
Act. Fishing by U.S. vessels is governed by regulations implementing
the FMP at 50 CFR parts 620 and 675.
In accordance with Sec. 675.20(a)(7)(ii), the Final 1996 Harvest
Specifications of Groundfish (61 FR 4311, February 5, 1996) for the
BSAI established 2,571 metric tons (mt) as the initial total allowable
catch for Pacific ocean perch in the Central Aleutian District.
The Director, Alaska Region, NMFS (Regional Director), has
determined, in accordance with Sec. 675.20(a)(8), that the Pacific
ocean perch initial total allowable catch in the Central Aleutian
District subarea soon will be reached. Therefore, the Regional Director
has established a directed fishing allowance of 2,471 mt after
determining that 100 mt will be taken as incidental catch in directed
fishing for other species in the Central Aleutian District. NMFS is
prohibiting directed fishing for Pacific ocean perch in the Central
Aleutian District to prevent exceeding the directed fishing allowance.
Maximum retainable bycatch amounts for applicable gear types may be
found in the regulations at Sec. 675.20(h).
Classification
This action is taken under Sec. 675.20 and is exempt from review
under E.O. 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 11, 1996.
Richard W. Surdi,
Acting Director, Office of Fisheries Conservation and Management,
National Marine Fisheries Service.
[FR Doc. 96-6176 Filed 3-11-96; 4:01 pm]
BILLING CODE 3510-22-F
Complete official Federal Register PDF
FR Doc. 96-6167 Information Security Oversight Office; Classified National Security Information
[Federal Register Volume 61, Number 52 (Friday, March 15, 1996)]
[Rules and Regulations]
[Pages 10854-10856]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6167]
[[Page 10853]]
_______________________________________________________________________
Part III
National Archives and Records Administration
_______________________________________________________________________
32 CFR Chapter XX and Part 2001
Classified National Security Information; Final Rule
Federal Register / Vol. 61, No. 52 / Friday, March 15, 1996 / Rules
and Regulations
[[Page 10854]]
NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
32 CFR Chapter XX and Part 2001
[Directive No. 1: Appendix A]
Information Security Oversight Office; Classified National
Security Information
AGENCY: Information Security Oversight Office (ISOO), National Archives
and Records Administration (NARA).
ACTION: Bylaws of the Interagency Security Classification Appeals
Panel.
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SUMMARY: The Information Security Oversight Office, National Archives
and Records Administration, is publishing the bylaws of the Interagency
Security Classification Appeals Panel (ISCAP) in accordance with
section 5.4(c) of Executive Order 12958, ``Classified National Security
Information.'' Under the terms of E.O. 12958, the Director of ISOO
serves as Executive Secretary to the ISCAP. These bylaws are being
published as Appendix A to Part 2001, the Executive Order's
implementing Directive No. 1, issued by the Director of the Office of
Management and Budget (OMB) on October 13, 1995, while ISOO remained a
component of OMB. With the enactment of the Treasury, Postal Service
and General Government Appropriations Act for Fiscal Year 1996, ISOO
became a component of the National Archives and Records Administration.
EFFECTIVE DATE: March 15, 1996.
FOR FURTHER INFORMATION CONTACT: Steven Garfinkel, Executive Secretary,
Interagency Security Classification Appeals Panel. Telephone: 202-219-
5250.
SUPPLEMENTARY INFORMATION: This amendment is issued pursuant to the
provisions of Section 5.4(c) of Executive Order 12958 published April
20, 1995 (60 CFR 19825). The ISCAP performs several critical functions
in implementing several provisions of E.O. 12958. These include: (a)
deciding appeals brought by authorized persons who have filed
classification challenges under section 1.9 of the Order; (b)
approving, denying or amending agency exemptions from automatic
declassification, as provided in section 3.4(d) of the Order; and (c)
deciding on appeals by parties whose requests for declassification of
information under section 3.6 of the Order have been denied. These
bylaws describe the procedures to be followed by individuals or
organizations who wish to bring matters before the ISCAP, and the
procedures that the ISCAP will follow to resolve these matters.
List of Subjects in 32 CFR Part 2001
Archives and records, Authority delegations (Government agencies),
Classified information, Executive orders, Freedom of information,
Information, Intelligence, National defense, National security
information, Presidential documents, Security information, Security
measures.
CHAPTER XX--INFORMATION SECURITY OVERSIGHT OFFICE, NATIONAL ARCHIVES
AND RECORDS SERVICE
Title 32 of the Code of Federal Regulations, chapter XX, is amended
as follows:
1. The heading of chapter XX is revised to read as set forth above.
PART 2001--CLASSIFIED NATIONAL SECURITY INFORMATION
2. The authority citation of part 2001 is revised to read as
follows:
Authority: Section 5.2 (a) and (b), and section 5.4, E.O. 12958,
60 FR 19825, April 20, 1995.
3. Part 2001 is amended by adding Appendix A to read as follows:
Appendix A to Part 2001--Interagency Security Classification Appeals
Panel Bylaws
Article I. Purpose
The purpose of the Interagency Security Classification Appeals
Panel (ISCAP) and these bylaws is to fulfill the functions assigned
to the ISCAP by Executive Order 12958, ``Classified National
Security Information.''
Article II. Authority
Executive Order 12958, ``Classified National Security
Information'' (hereafter the ``Order''), and its implementing
directives.
Article III. Membership
A. Primary Membership. Appointments under section 5.4(a) of the
Order establish the primary membership of the ISCAP.
B. Alternate Membership.
1. Primary members are expected to participate fully in the
activities of the ISCAP. The Executive Secretary shall request that
each agency or office head represented on the ISCAP also designate
in writing addressed to the Chair an alternate to represent his or
her agency or office on all occasions when the primary member is
unable to participate. When serving for a primary member, an
alternate member shall assume all the rights and responsibilities of
that primary member, including voting.
2. When a vacancy in the primary membership occurs, the
designated alternate shall represent the agency or office until the
agency or office head fills the vacancy. The Chair, working through
the Executive Secretary, shall take all appropriate measures to
encourage the agency or office head to fill a vacancy in the primary
membership as quickly as possible.
C. Chair. As provided in section 5.4(a) of the Order, the
President shall select the Chair from among the primary members.
D. Vice Chair. The members may elect from among the primary
members a Vice Chair who shall:
1. Chair meetings that the Chair is unable to attend; and
2. Serve as Acting Chair during a vacancy in the Chair of the
ISCAP.
Article IV. Meetings
A. Purpose. The primary purpose of ISCAP meetings is to discuss
and bring formal resolution to matters before the ISCAP.
B. Frequency. As provided in section 5.4(a) of the Order, the
ISCAP shall meet at the call of the Chair, who shall schedule
meetings as may be necessary for the ISCAP to fulfill its functions
in a timely manner. The Chair shall also convene the ISCAP when
requested by a majority of its primary members.
C. Quorum. Meetings of the ISCAP may be held only when a quorum
is present. For this purpose, a quorum requires the presence of at
least five primary or alternate members.
D. Attendance. As determined by the Chair, attendance at
meetings of the ISCAP shall be limited to those persons necessary
for the ISCAP to fulfill its functions in a complete and timely
manner.
E. Agenda. The Chair shall establish the agenda for all
meetings. Potential items for the agenda may be submitted to the
Chair by any member or the Executive Secretary. Acting through the
Executive Secretary, the Chair will distribute the agenda and
supporting materials to the members as soon as possible before a
scheduled meeting.
F. Minutes. The Executive Secretary shall be responsible for the
preparation of each meeting's minutes, and the distribution of draft
minutes to each member. The minutes will include a record of the
members present at the meeting and the result of each vote. At the
subsequent meeting of the ISCAP, the Chair will read or reference
the draft minutes of the previous meeting. At that time the minutes
will be corrected, as necessary, and approved by the membership and
certified by the Chair. The approved minutes will be maintained
among the records of the ISCAP.
Article V. Voting
A. Motions. When a decision or recommendation of the ISCAP is
required to resolve a matter before it, the Chair shall request or
accept a motion for a vote. Any member, including the Chair, may
make a motion for a vote. No second shall be required to bring any
motion to a vote. A quorum must be present when a vote is taken.
B. Eligibility. Only the members, including the Chair, may vote
on a motion before the ISCAP, with each agency or office represented
having one vote.
C. Voting Procedures. Votes shall ordinarily be taken and
tabulated by a show of hands.
D. Passing a Motion. In response to a motion, members may vote
affirmatively, negatively, or abstain from voting. Except as
otherwise provided in these bylaws, a motion
[[Page 10855]]
passes when it receives a majority of affirmative votes of the
members voting. However, in no instance will the ISCAP reverse an
agency's decision without the affirmative vote of at least a
majority of the members present.
E. Votes in a Non-meeting Context. In extraordinary
circumstances, the Chair may call for a vote of the membership
outside the context of a formal ISCAP meeting. An alternate member
may also participate in such a vote if the primary member cannot.
The Executive Secretary shall record and retain such votes in a
documentary form and immediately report the results to the Chair and
other primary and alternate members.
Article VI. First Function: Appeals of Agency Decisions Regarding
Classification Challenges
In accordance with section 5.4(b) of the Order, the ISCAP shall
decide on appeals by authorized persons who have filed
classification challenges under section 1.9 of the Order.
A. Jurisdiction. The ISCAP will consider appeals from
classification challenges that otherwise meet the standards of the
Order if:
1. The appeal is filed in accordance with these bylaws;
2. The appellant has previously challenged the classification
action at the agency that originated or is otherwise responsible for
the information in question in accordance with the agency's
procedures or, if the agency has failed to establish procedures for
classification challenges, by filing a written challenge directly
with the agency head or designated senior agency official, as
defined in section 1.1(j) of the Order;
3. The appellant has
(a) Received a final agency decision denying his or her
challenge; or
(b) Not received (i) an initial written response to the
classification challenge from the agency within 120 days of its
filing, or (ii) a written response to an internal agency appeal
within 90 days of the filing of the appeal;
4. There is no action pending in the federal courts regarding
the information in question; and
5. The information in question has not been the subject of
review by the federal courts or the ISCAP within the past two years.
B. Addressing of Appeals. Appeals should be addressed to:
Executive Secretary, Interagency Security Classification Appeals
Panel, Attn: Classification Challenge Appeals, c/o Information
Security Oversight Office, National Archives and Records
Administration, 7th and Pennsylvania Avenue, NW., Room 5W,
Washington, DC 20408.
The appeal must contain enough information for the Executive
Secretary to be able to obtain all pertinent documents about the
classification challenge from the affected agency. No classified
information should be included within the initial appeal document.
The Executive Secretary will arrange for the transmittal of
classified information from the agency after receiving the appeal.
If it is impossible for the appellant to file an appeal without
including classified information, prior arrangements must be made by
contacting the Information Security Oversight Office.
C. Timeliness of Appeals. An appeal to the ISCAP must be filed
within 60 days of:
1. The date of the final agency decision; or
2. The agency's failure to meet the time frames established in
paragraph (A)(3)(b) of this Article.
D. Rejection of Appeal. If the Executive Secretary determines
that the appeal does not meet the requirements of the Order or these
bylaws, the Executive Secretary shall notify the appellant in
writing that the appeal will not be considered by the ISCAP. The
notification shall include an explanation of why the appeal is
deficient.
E. Preparation. The Executive Secretary shall notify the Chair
and the designated senior agency official(s) of the affected
agency(ies) when an appeal is lodged. Under the direction of the
ISCAP, the Executive Secretary shall supervise the preparation of an
appeal file, pertinent portions of which will be presented to the
members of the ISCAP for their review prior to a vote on the appeal.
The appeal file will eventually include all records pertaining to
the appeal.
F. Resolution of Appeals. The ISCAP may vote to affirm the
agency's decision, to reverse the agency's decision in whole or in
part, or to remand the matter to the agency for further
consideration. A decision to reverse an agency's decision requires
the affirmative vote of at least a majority of the members present.
G. Notification. The Executive Secretary shall promptly notify
in writing the appellant, the agency head, and designated senior
agency official of the ISCAP's decision.
H. Agency Appeals. Within 60 days of receipt of an ISCAP
decision that reverses a final agency decision, the agency head may
petition the President through the Assistant to the President for
National Security Affairs to overrule the decision of the ISCAP.
I. Protection of Classified Information. All persons involved in
the appeal shall make every effort to minimize the inclusion of
classified information in the appeal file. Any classified
information contained in the appeal file shall be handled and
protected in accordance with the Order and its implementing
directives. Information being challenged for classification shall
remain classified unless and until a final decision is made to
declassify it. In no instance will the ISCAP declassify properly
classified information solely because of an agency's failure to
prescribe or follow appropriate procedures for handling
classification challenges.
J. Maintenance of File. The Executive Secretary shall maintain
the appeal file among the records of the ISCAP.
Article VII. Second Function: Review of Agency Exemptions From
Automatic Declassification
In accordance with section 5.4(b) of the Order, the ISCAP shall
approve, deny or amend agency exemptions from automatic
declassification as provided in section 3.4(d) of the Order.
A. Agency Notification of Exemptions. The agency head or
designated senior agency official shall notify the Executive
Secretary of agency exemptions in accordance with the requirements
of the Order and its implementing directives. Agencies shall provide
any additional information or justification that the Executive
Secretary believes is necessary or helpful in order for the ISCAP to
review and decide on the exemption. The agency head may seek relief
from the ISCAP from any request for information by the Executive
Secretary to which the agency objects.
B. Preparation. The Executive Secretary shall notify the Chair
of the agency submission. At the direction of the ISCAP, the
Executive Secretary shall supervise the preparation of an exemption
file, pertinent portions of which will be presented to the members
of the ISCAP for their review prior to a vote on the exemptions. The
exemption file will eventually include all records pertaining to the
ISCAP's consideration of the agency's exemptions.
C. Resolution. The ISCAP may vote to approve an agency
exemption, to deny an agency exemption, to amend an agency
exemption, or to remand the matter to the agency for further
consideration. A decision to deny or amend an agency exemption
requires the affirmative vote of a majority of the members present.
D. Notification. The Executive Secretary shall promptly notify
in writing the agency head and designated senior agency official of
the ISCAP's decision.
E. Agency Appeals. Within 60 days of receipt of an ISCAP
decision that denies or amends an agency exemption, the agency head
may petition the President through the Assistant to the President
for National Security Affairs to overrule the decision of the ISCAP.
F. Protection of Classified Information. Any classified
information contained in the exemption file shall be handled and
protected in accordance with the Order and its implementing
directives. Information that the agency maintains is exempt from
declassification shall remain classified unless and until a final
decision is made to declassify it.
G. Maintenance of File. The Executive Secretary shall maintain
the exemption file among the records of the ISCAP.
Article VIII. Third Function: Appeals of Agency Decisions Denying
Declassification Under Mandatory Review Provisions of the Order
In accordance with section 5.4(b) of the Order, the ISCAP shall
decide on appeals by parties whose requests for declassification
under section 3.6 of the Order have been denied.
A. Jurisdiction. The ISCAP will consider appeals from denials of
mandatory review for declassification requests that otherwise meet
the standards of the Order if:
1. The appeal is filed in accordance with these bylaws;
2. The appellant has previously filed a request for mandatory
declassification review at the agency that originated or is
otherwise responsible for the information in question in accordance
with the agency's procedures or, if the agency has failed to
establish
[[Page 10856]]
procedures for mandatory review, by filing a written request
directly with the agency head or designated senior agency official;
3. The appellant has
(a) Received a final agency decision denying his or her request;
or
(b) Not received (i) an initial decision on the request for
mandatory declassification review from the agency within one year of
its filing, or (ii) a final decision on an internal agency appeal
within 180 days of the filing of the appeal;
4. There is no action pending in the federal courts regarding
the information in question; and
5. The information in question has not been the subject of
review by the federal courts or the ISCAP within the past two years.
B. Addressing of Appeals. Appeals should be addressed to:
Executive Secretary, Interagency Security Classification Appeals
Panel, Attn: Mandatory Review Appeals, c/o Information Security
Oversight Office, National Archives and Records Administration, 7th
and Pennsylvania Avenue, NW., Room 5W, Washington, DC 20408.
The appeal must contain enough information for the Executive
Secretary to be able to obtain all pertinent documents about the
request for mandatory declassification review from the affected
agency.
C. Timeliness of Appeals. An appeal to the ISCAP must be filed
within 60 days of:
1. The date of the final agency decision; or
2. The agency's failure to meet the time frames established in
paragraph (A)(3)(b) of this Article.
D. Rejection of Appeal. If the Executive Secretary determines
that the appeal does not meet the requirements of the Order or these
bylaws, the Executive Secretary shall notify the appellant in
writing that the appeal will not be considered by the ISCAP. The
notification shall include an explanation of why the appeal is
deficient.
E. Preparation. The Executive Secretary shall notify the Chair
and the designated senior agency official(s) of the affected
agency(ies) when an appeal is lodged. Under the direction of the
ISCAP, the Executive Secretary shall supervise the preparation of an
appeal file, pertinent portions of which will be presented to the
members of the ISCAP for their review prior to a vote on the appeal.
The appeal file will eventually include all records pertaining to
the appeal.
F. Narrowing Appeals. To expedite the resolution of appeals and
minimize backlogs, the Executive Secretary is authorized to consult
with appellants with the objective of narrowing or prioritizing the
information subject to the appeal.
G. Resolution of Appeals. The ISCAP may vote to affirm the
agency's decision, to reverse the agency's decision in whole or in
part, or to remand the matter to the agency for further
consideration. A decision to reverse an agency's decision requires
the affirmative vote of at least a majority of the members present.
H. Notification. The Executive Secretary shall promptly notify
in writing the appellant, the agency head, and designated senior
agency official of the ISCAP's decision.
I. Agency Appeals. Within 60 days of receipt of an ISCAP
decision that reverses a final agency decision, the agency head may
petition the President through the Assistant to the President for
National Security Affairs to overrule the decision of the ISCAP.
J. Protection of Classified Information. All persons involved in
the appeal shall make every effort to minimize the inclusion of
classified information in the appeal file. Any classified
information contained in the appeal file shall be handled and
protected in accordance with the Order and its implementing
directives. Information that is subject to an appeal from an agency
decision denying declassification under the mandatory review
provisions of the Order shall remain classified unless and until a
final decision is made to declassify it. In no instance will the
ISCAP declassify properly classified information solely because of
an agency's failure to prescribe or follow appropriate procedures
for handling mandatory review for declassification requests and
appeals.
K. Maintenance of File. The Executive Secretary shall maintain
the appeal file among the records of the ISCAP. All information
declassified as a result of ISCAP action shall be available for
inclusion within the database established by the Archivist of the
United States in accordance with section 3.8 of the Order.
Article IX. Additional Functions
In its consideration of the matters before it, the ISCAP shall
perform such additional advisory functions as are consistent with
and supportive of the successful implementation of the Order.
Article X. Support Staff
As provided in section 5.4(a) of the Order, the Director of the
Information Security Oversight Office will serve as Executive
Secretary to the ISCAP, and the staff of the Information Security
Oversight Office will provide program and administrative support for
the ISCAP. The Executive Secretary will supervise the staff in this
function pursuant to the direction of the Chair and ISCAP. On an as
needed basis, the ISCAP may seek detailees from its member agencies
to augment the staff of the Information Security Oversight Office in
support of the ISCAP.
Article XI. Records
A. Integrity of ISCAP Records. The Executive Secretary shall
maintain separately documentary materials, regardless of their
physical form or characteristics, that are produced by or presented
to the ISCAP or its staff in the performance of the ISCAP's
functions, consistent with applicable federal law.
B. Referrals. Any Freedom of Information Act request or other
access request for a document that originated within an agency other
than the ISCAP shall be referred to that agency for processing.
Article XII. Annual Reports to the President
The ISCAP has been established for the sole purpose of advising
and assisting the President in the discharge of his constitutional
and discretionary authority to protect the national security of the
United States (section 5.4(e) of the Order). As provided in section
5.4(a) of the Order, pertinent information and data about the
activities of the ISCAP shall be included in the Reports to the
President issued by the Information Security Oversight Office. The
Chair, in coordination with the other members of the ISCAP and the
Executive Secretary, shall determine what information and data to
include in each Report.
Article XIII. Approval, Amendment, and Publication of Bylaws
The approval and amendment of these bylaws shall require the
affirmative vote of at least four of the ISCAP's members. In
accordance with the Order, the Executive Secretary shall submit the
approved bylaws and their amendments for publication in the Federal
Register.
Steven Garfinkel,
Director, Information Security Oversight Office and Executive
Secretary, Interagency Security Classification Appeals Panel.
[FR Doc. 96-6167 Filed 3-14-96; 8:45 am]
BILLING CODE 7515-01-P
Complete official Federal Register PDF
FR Doc. 96-6163 Office of the Assistant Secretary for Housing-Federal Housing Commissioner; Federal Manufactured Housing Program; Streamlining Final Rule
[Federal Register Volume 61, Number 52 (Friday, March 15, 1996)]
[Rules and Regulations]
[Pages 10858-10864]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6163]
[[Page 10857]]
_______________________________________________________________________
Part IV
Department of Housing and Urban Development
_______________________________________________________________________
24 CFR Parts 3282 and 3283
Federal Manufactured Housing Program; Streamlining; Final Rule
Federal Register / Vol. 61, No. 52 / Friday, March 15, 1996 / Rules
and Regulations
[[Page 10858]]
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
24 CFR Parts 3282 and 3283
[Docket No. FR-4025-F-01]
RIN 2502-AG70
Office of the Assistant Secretary for Housing-Federal Housing
Commissioner; Federal Manufactured Housing Program; Streamlining Final
Rule
AGENCY: Office of the Assistant Secretary for Housing-Federal Housing
Commissioner, HUD.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule amends HUD's regulations for the program
operated under the National Manufactured Housing Construction and
Safety Standards Act of 1974. In an effort to comply with the
President's regulatory reform initiatives, this rule will streamline
the regulations in parts 3282 and 3283, concerning manufactured
housing, by eliminating provisions that are repetitive of statutes,
provide only guidance, or are otherwise unnecessary. This final rule
will make the program regulations clearer and more concise.
EFFECTIVE DATE: April 15, 1996.
FOR FURTHER INFORMATION CONTACT: David R. Williamson, Director, Office
of Consumer and Regulatory Affairs, Department of Housing and Urban
Development, L'Enfant Plaza North, Suite 3214, Washington, D.C.
(mailing address: Room B-133, HUD Building, Washington, D.C. 20410-
8000); telephone number: (202) 755-7420 (this is not a toll-free
number). For hearing- and speech-impaired persons, this number may be
accessed via TDD by calling the Federal Information Relay Service at 1-
800-877-8339.
SUPPLEMENTARY INFORMATION:
I. Background
On March 4, 1995, President Clinton issued a memorandum to all
Federal departments and agencies regarding regulatory reinvention. In
response to this memorandum, the Department of Housing and Urban
Development conducted a page-by-page review of its regulations to
determine which can be eliminated, consolidated, or otherwise improved.
HUD has determined that the regulations concerning manufactured housing
can be improved and streamlined by eliminating unnecessary provisions.
Several provisions in the regulations repeat statutory language
from the National Manufactured Housing Construction and Safety
Standards Act of 1974, 42 U.S.C. 5401 et seq. It is unnecessary to
maintain statutory requirements in the Code of Federal Regulations
(CFR), since those requirements are otherwise fully accessible and
binding. Furthermore, if regulations contain statutory language, HUD
must amend the regulations whenever Congress amends the statute.
Therefore, this final rule will remove repetitious statutory language
and replace it with a citation to the specific statutory section for
easy reference.
Other provisions in the regulations apply to more than one of the
Department's programs, and therefore these provisions had been repeated
in various program regulations. The Department has been consolidating
some of these repetitious provisions as part of its regulatory
reinvention efforts. Therefore, this final rule maintains only
appropriate cross-references to consolidated provisions, for the
reader's convenience.
Some provisions in the Manufactured Home Procedural and Enforcement
regulations (part 3282) are now obsolete. For instance, this rule
removes obsolete regulations regarding Transition Certifications in
subpart E. The Transition Certification applied to homes in production
when the Manufactured Home Construction and Safety Standards first went
into effect on June 15, 1976. Other subparts of the regulations contain
similar provisions relating to the start-up of the Federal program for
manufactured housing and are now also obsolete and unnecessary.
Therefore, HUD can remove the obsolete regulations in subpart E, as
well as other subparts.
Lastly, some provisions in the regulations are not regulatory
requirements. For example, 24 CFR part 3283 contains guidance or
explanations relating to the manufactured home consumer manual
requirements. Section 617 of the Act, 42 U.S.C. 5416, requires that the
Secretary develop guidelines for a consumer's manual to be provided to
manufactured home purchasers by the manufacturer. The Act further
provides that these manuals should identify and explain the purchasers'
responsibilities for operation, maintenance, and repair of their
manufactured homes. Except for the requirement that the manufacturer
provide a manual with each manufactured home produced, the guidance
provided in 24 CFR part 3283 is nonmandatory. While this information is
very helpful to recipients, HUD will more appropriately provide this
information through handbook guidance or other materials, rather than
maintain it in the CFR. Accordingly, the mandatory sections of part
3283 will be moved to part 3282 and Sec. 3282.207. The guidance
provided by part 3283 will be issued simultaneously with this rule as
an uncodified appendix and will also be published and made available in
a future handbook.
Justification for Final Rulemaking
HUD generally publishes a rule for public comment before issuing a
rule for effect, in accordance with its own regulations on rulemaking
in 24 CFR part 10. However, part 10 provides for exceptions to the
general rule if the agency finds good cause to omit advance notice and
public participation. The good cause requirement is satisfied when
prior public procedure is ``impracticable, unnecessary, or contrary to
the public interest'' (24 CFR 10.1). HUD finds that good cause exists
to publish this rule for effect without first soliciting public
comment. This rule merely removes unnecessary regulatory provisions and
does not establish or affect substantive policy. Therefore, prior
public comment is unnecessary.
Section-by-Section Analysis of Changes
The Secretary has determined that the following changes should be
made to the Manufactured Home Procedural and Enforcement Regulations:
(1) Section 3282.1--This section has already been revised to add a
reference to 24 CFR part 3800, which outlines procedures for
investigations and investigational proceedings (see FR-4026, a
reinvention rule published shortly before this rule).
(2) Section 3282.2--This section has been removed. Delegations of
authority are effective when signed by the Secretary of HUD, and HUD
publishes all delegations of authority in the Federal Register.
Accordingly, the delegation of authority does not need to be contained
in the rule.
(3) Sections 3282.3-3282.5--These sections have been removed
because they relate to the composition of the program office and are
unnecessary.
(4) Section 3282.7(11)--This section defined the term ``Title I,''
which is later used in reference to procedures necessary to implement
the requirements of the regulations when they first became effective in
1976, and are no longer in effect.
(5) Section 3282.9(a)--This section has been removed and a
reference has been made to identical provisions in 24 CFR 26 relating
to computation of time.
(6) Section 3282.53--This section, relating to section 612(e) of
the Act and the registering agents by foreign manufacturers, has been
revised because it is repetitious of the statutory
[[Page 10859]]
provisions. The form of the designation of agent, however, has been
retained.
(7) Section 3282.54(d)--This section regarding availability of cost
information submitted in opposition to an action by the Secretary under
section 607(a) of the Act has been removed as repetitious of the
statutory provisions.
(8) Subpart C, Secs. 3282.101-3282.110, and 3282.112--This subpart
is repetitious of the Department's rulemaking provisions in 24 CFR part
10 and the Act. Accordingly, language has been removed in several of
these sections. Where the requirements provided in these sections
differ from 24 CFR part 10, the exception is noted. In addition,
Sec. 3282.113(b), relating to resolutions of disputes with DAPIAs, had
been mistakenly placed in Sec. 3282.113, Interpretative Bulletins; the
provisions are repeated in Sec. 3282.151(b)(2) and, therefore, are
removed as duplicative.
(9) Section 3282.151(a)--The provisions of this section specifying
the situation in which a presentation of views is appropriate under the
Act have been removed because they merely repeat the statute.
(10) Sections 3282.151(c) and 3282.155--The language referring to
investigations and investigational hearings has been removed because
regulations pertaining to these procedures have been moved to a new
part 3800 (see FR-4026, a reinvention rule published shortly before
this rule). The new part 3800 covers such procedures relating to the
Department's investigations under the Act, the Real Estate Settlement
Procedures Act and the Interstate Land Sales Full Disclosure Act.
Because the Department's procedures in investigations under these
statutes are similar, it is unnecessary to repeat those procedures for
each program.
(11) Section 3282.207-- This section has been removed because it
relates to Transition Certification of manufactured homes already in
production on the effective date of the Standards in 1976 and is thus
no longer necessary. In place of the transition certification language,
the Department will move the mandatory sections of part 3283 (Consumer
Manual) to this section.
In addition, references to transition certification and other
procedures that were once necessary to implement the requirements of
the regulations when they first became effective in 1976 have been
removed, including all or portions of the following sections:
3282.7(11), 3282.11(b), 3282.205(a), 3282.205(c), 3282.205(d),
3282.207, 3282.302(e), 3282.352(c), 3282.353(a)(8), 3282.353(f),
3282.355(b), 3282.361(d), 3282.362(b)(5), 3282.362(c)(2)(i)(B),
3282.362(c)(2)(i)(C), and 3282.362(c)(2)(ii). These references are
obsolete and may be removed without affecting the present regulation of
manufactured housing.
IV. Other Matters
Regulatory Flexibility Act
The Secretary, in accordance with the Regulatory Flexibility Act (5
U.S.C. 605(b)), has reviewed and approved this final rule, and in so
doing certifies that this rule will not have a significant economic
impact on a substantial number of small entities. This rule merely
streamlines regulations by removing unnecessary provisions. The rule
will have no adverse or disproportionate economic impact on small
businesses.
Environmental Impact
This rulemaking does not have an environmental impact. This
rulemaking simply amends an existing regulation by consolidating and
streamlining provisions and does not alter the environmental effect of
the regulations being amended. A Finding of No Significant Impact with
respect to the environment was made in accordance with HUD regulations
in 24 CFR part 50 that implement section 102(2)(C) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332) at the time of
development of regulations implementing the National Manufactured
Housing Construction and Safety Standards Act of 1974. That finding
remains applicable to this rule, and is available for public inspection
between 7:30 a.m. and 5:30 p.m. weekdays in the Office of the Rules
Docket Clerk, Office of General Counsel, Room 10276, Department of
Housing and Urban Development, 451 Seventh Street, SW., Washington, DC.
Executive Order 12612, Federalism
The General Counsel, as the Designated Official under section 6(a)
of Executive Order 12612, Federalism, has determined that this rule
will not have substantial direct effects on States or their political
subdivisions, or the relationship between the Federal government and
the States, or on the distribution of power and responsibilities among
the various levels of government. No programmatic or policy changes
will result from this rule that would affect the relationship between
the Federal government and State and local governments.
Executive Order 12606, The Family
The General Counsel, as the Designated Official under Executive
Order 12606, The Family, has determined that this rule will not have
the potential for significant impact on family formation, maintenance,
or general well-being, and thus is not subject to review under the
Order. No significant change in existing HUD policies or programs will
result from promulgation of this rule.
List of Subjects
24 CFR Part 3282
Administrative practice and procedure, Consumer protection,
Intergovernmental relations, Investigations, Manufactured homes,
Reporting and recordkeeping requirements, Warranties.
24 CFR Part 3283
Consumer protection, Manufactured homes, Warranties.
For the reasons stated in the preamble, under the authority of 42
U.S.C. 3535(d), in title 24 of the Code of Federal Regulations, part
3282 is amended and part 3283 is removed, as follows:
PART 3282--MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS
1. The authority citation for part 3282 continues to read as
follows:
Authority: 42 U.S.C. 3535(d) and 5424.
Subpart A--General
Secs. 3282.2, 3282.3, 3282.4, and 3282.5 [Removed]
2. Sections 3282.2, 3282.3, 3282.4, and 3282.5 are removed.
Sec. 3282.7(11) [Removed and Reserved]
3. Section 3282.7(ll) is removed and reserved.
4. Section 3282.9 is amended by revising paragraph (a) to read as
follows:
Sec. 3282.9 Computation of time.
(a) In computing any period of time prescribed by the regulations
in this part, refer to Sec. 26.16(a) of this title.
* * * * *
5. Section 3282.11 is amended by revising paragraph (b) to read as
follows:
Sec. 3282.11 Preemption and reciprocity.
* * * * *
(b) No State may require, as a condition of entry into or sale in
the State, a manufactured home certified (by the application of the
label required by Sec. 3282.362(c)(2)(i)) as in conformance with the
Federal standards to be subject to State inspection to determine
compliance with any standard covering any aspect of the manufactured
home covered by the Federal standards. Nor
[[Page 10860]]
may any State require that a State label be placed on the manufactured
home certifying conformance to the Federal standard or an identical
standard. Certain actions that States are permitted to take are set out
in Sec. 3282.303.
* * * * *
Subpart B--Formal Procedures
6. Section 3282.53 is revised to read as follows:
Sec. 3282.53 Service of process on foreign manufacturers and
importers.
The designation of an agent required by section 612(e) of the Act,
42 U.S.C. Sec. 5411(e), shall be in writing, dated, and signed by the
manufacturer and the designated agent.
Sec. 3282.54 [Amended]
7. Section 3282.54 is amended by removing paragraph (d) and
redesignating paragraph (e) as paragraph (d).
Subpart C--Rules and Rulemaking Procedures
8. Section 3282.101 is revised to read as follows:
Sec. 3282.101 Generally.
Procedures that apply to the formulation, issuance, amendment, and
revocation of rules pursuant to the Act are governed by the Act, the
Administrative Procedure Act, 5 U.S.C. 551 et seq., and part 10 of this
title, except that the Secretary shall respond to a petition for
rulemaking by an interested party within 180 days of receipt of the
petition.
Secs. 3282.102 through 3282.110 and Sec. 3282.112 [Removed]
9. Sections 3282.102 through 3282.110 and 3282.112 are removed.
10. Section 3282.113 is revised to read as follows:
Sec. 3282.113 Interpretative bulletins.
When appropriate, the Secretary shall issue interpretative
bulletins interpreting the standards under the authority of Sec. 3280.9
of this chapter or interpreting the provisions of this part. Issuance
of interpretative bulletins shall be treated as rulemaking under this
subpart C unless the Secretary deems such treatment not to be in the
public interest and the interpretation is not otherwise required to be
treated as rulemaking. All interpretative bulletins shall be indexed
and made available to the public at the Manufactured Housing Standards
Division and a copy of the index shall be published periodically in the
Federal Register.
Subpart E--Manufacturer Inspection and Certification Requirements
11. Section 3282.205 is amended by revising paragraphs (a), (c),
and (d), to read as follows:
Sec. 3282.205 Certification requirements.
(a) Every manufacturer shall make a record of the serial number of
each manufactured home produced, and a duly authorized representative
of the manufacturer shall certify that each manufactured home has been
constructed in accordance with the Federal standards. The manufacturer
shall furnish a copy of that certification to the IPIA for the purpose
of determining which manufactured homes are subject to the notification
and correction requirements of subpart I of this part.
* * * * *
(c) Every manufacturer of manufactured homes shall furnish to the
dealer or distributor of each of its manufactured homes a certification
that such manufactured home, to the best of the manufacturer's
knowledge and belief, conforms to all applicable Federal construction
and safety standards. This certification shall be in the form of the
label provided by the IPIA under Sec. 3282.362(c)(2). The label shall
be affixed only at the end of the last stage of production of the
manufactured home.
(d) The manufacturer shall apply a label required or allowed by the
regulations in this part only to a manufactured home that the
manufacturer knows by its inspections to be in compliance with the
standards.
12. Section 3282.206 is amended in paragraph (b) by capitalizing
the word ``Extraordinary'', and by revising paragraph (c) to read as
follows:
Sec. 3282.206 Disagreement with IPIA or DAPIA.
* * * * *
(c) The DAPIA or IPIA otherwise resolves the disagreement.
13. Section 3282.207 is revised to read as follows:
Sec. 3282.207 Manufactured home consumer manual requirements.
(a) The manufacturer shall provide a consumer manual with each
manufactured home that enters the first stage of production on or after
July 31, 1977, pursuant to section 617 of the National Manufactured
Housing Construction and Safety Standards Act, 42 U.S.C. 5416.
(b) The manufacturer shall provide the consumer manual by placing a
manual in each such manufactured home before the manufactured home
leaves the manufacturing plant. The manual shall be placed in a
conspicuous location in a manner likely to assure that it is not
removed until the purchaser removes it.
(c) If a manufacturer is informed that a purchaser did not receive
a consumer manual, the manufacturer shall provide the appropriate
manual to the purchaser within 30 days of being so informed.
(d) No dealer or distributor may interfere with the distribution of
the consumer manual. When necessary, the dealer or distributor shall
take any appropriate steps to assure that the purchaser receives a
consumer manual from the manufacturer.
(e) If a consumer manual or a change or revision to a manual does
not substantially comply with the guidelines issued by HUD, the
manufacturer shall cease distribution of the consumer manual and shall
provide a corrected manual for each manufactured home for which the
inadequate or incorrect manual or revision was provided. A manual
substantially complies with the guidelines if it presents current
material on each of the subjects covered in the guidelines in
sufficient detail to inform consumers about the operation, maintenance,
and repair of the manufactured home. An updated copy of guidelines
published in the Federal Register on March 15, 1996 can be obtained by
contacting the Office of Manufactured Housing and Regulatory Functions,
Department of Housing and Urban Development, 451 Seventh Street, S.W.,
Washington, D.C., 20410; the Information Center, Department of Housing
and Urban Development, Room 1202, 451 Seventh Street, S.W., Washington,
D.C., 20410; or any HUD Area or State Office.
Subpart G--State Administrative Agencies
14. Section 3282.302(e) is revised to read as follows:
Sec. 3282.302 State plan.
* * * * *
(e) Exclusive IPIA status. (1) A State that wishes to act as an
exclusive IPIA under Sec. 3282.352 shall so indicate in its State Plan
and shall include in the information provided under paragraph (b)(11)
of this section the fee schedule for the State's activities as an IPIA
and the relationship between the proposed fees and the other
information provided under paragraph (b)(11) of this section. If the
Secretary determines that the fees to be charged by a State acting as
an
[[Page 10861]]
IPIA are unreasonable, the Secretary shall not grant the State status
as an exclusive IPIA.
(2) The State shall also demonstrate in its State Plan that it has
the present capability to act as an IPIA for all plants operating in
the State.
Subpart H--Primary Inspection Agencies
15. Section 3282.352(c) is revised to read as follows:
Sec. 3282.352 State exclusive IPIA functions.
* * * * *
(c) A State's status as an exclusive IPIA shall commence upon
approval of the State Plan Application and acceptance of the State's
submission under Sec. 3282.355. Where a private organization accepted
or provisionally accepted as an IPIA under this subpart H is operating
in a manufacturing plant within the State on the date the State's
status as an exclusive IPIA commences, the private organization may
provide IPIA services in that plant for 90 days after that date.
Sec. 3282.353 [Amended]
16. Section 3282.353 is amended by:
a. Adding the word ``and'' at the end of paragraph (a)(6);
b. Removing the phrase ``; and'' at the end of paragraph (a)(7),
and adding in their place a period; and
c. Removing paragraphs (a)(8) and (f).
Sec. 3282.355 [Amended]
17. Section 3282.355 is amended by removing paragraph (b) and
redesignating paragraphs (c) and (d) as paragraphs (b) and (c),
respectively.
Sec. 3282.361 [Amended]
18. Section 3282.361 is amended by removing paragraph (d) and
redesignating paragraph (e) as paragraph (d).
19. Section 3282.362 is amended by:
a. Removing paragraph (b)(5); and
b. Revising paragraphs (c)(2)(i)(B) and (C) and the introductory
text of paragraph (c)(2)(ii), to read as follows:
Sec. 3282.362 Production Inspection Primary Inspection Agencies
(IPIAs).
* * * * *
(c) * * *
(2) * * *
(i) * * *
(B) A permanent label shall be affixed to each transportable
section of each manufactured home for sale or lease to a purchaser or
lessor in the United States in such a manner that removal will damage
the label so that it cannot be reused. This label is provided by the
IPIA and is separate and distinct from the data plate that the
manufacturer is required to provide under Sec. 3280.5.
(C) The label shall read as follows:
As evidenced by this label No. ABC 000 001, the manufacturer
certifies to the best of the manufacturer's knowledge and belief
that this manufactured home has been inspected in accordance with
the requirements of the Department of Housing and Urban Development
and is constructed in conformance with the Federal Manufactured Home
Construction and Safety Standards in effect on the date of
manufacture. See data plate.
* * * * *
(ii) Label control. The labels used in each plant shall be under
the direct control of the IPIA acting in that plant. Only the IPIA
shall provide the labels to the manufacturer. The IPIA shall assure
that the manufacturer does not use any other label to indicate
conformance to the standards.
* * * * *
PART 3283--[REMOVED]
20. Part 3283 is removed.
Dated: March 4, 1996.
Nicolas P. Retsinas,
Assistant Secretary for Housing-Federal Housing Commissioner.
[Note. The following guide will not be codified in the Code of
Federal Regulations.]
U.S. Department of Housing and Urban Development Manufactured Home
Consumer Manual Guide
A. General
1. Scope
These guidelines set out the requirements that shall be met by
manufactured home manufacturers and dealers in order to assure that
consumer manuals containing appropriate information are provided to
manufactured home purchasers as required by section 617 of the National
Manufactured Housing Construction and Safety Standards Act, 42 U.S.C.
5416. This section sets out the definitions applicable to the
guidelines.
2. Definitions
(a) Anchor means to secure to the ground by straps, cables, turn
buckles, chains, ties, or other devices designed to prevent the
manufactured home from being unstable in high winds or other conditions
that might cause an unsecured home to overturn or otherwise suffer
damage because it is not adequately secured to the ground.
(b) Component means any part, material or appliance which is built
in as an integral part of the manufactured home during the
manufacturing process.
(c) Condensation means the process of reducing a gas or vapor to a
liquid form which is evidenced in a manufactured home by the
accumulation of moisture on windows and other surfaces.
(d) Consumer manual means a document or series of documents
included in a package that substantially complies with the guideline
set out in section C of these guidelines.
(e) Dealer means any person engaged in the sale, leasing or
distribution of new manufactured homes primarily to persons who, in
good faith, purchase or lease a manufactured home for purposes other
than resale.
(f) Diagram means a drawing or plan that outlines and explains the
parts and operation of a major system in the manufactured home, such as
the plumbing, electrical, heating, cooling and ventilating systems.
(g) Distributor means any person engaged in the sale and
distribution of manufactured homes for resale.
(h) Federal Manufactured Home Construction and Safety Standard
means a reasonable standard for the construction, design and
performance of a manufactured home which meets the needs of the public,
including the need for quality, durability and safety.
(i) Major systems means those functional units that are supplied
with the manufactured home during the manufacturing process and
includes the structural, electrical, plumbing and heating and cooling
systems of the manufactured home.
(j) Manufacturer means any person engaged in manufacturing or
assembling manufactured homes, including any person engaged in
importing manufactured homes for resale, except that it does not
include a person engaged in manufacturing modular homes that are exempt
from the Federal Manufactured Home Construction and Safety Standards
under 24 CFR 3280.7.
(k) Manufactured home means as the term is defined in 24 CFR
3280.2.
(l) Purchaser means the first person purchasing a manufactured home
in good faith for purposes other than resale.
(m) Written warranty means: (1) Any written affirmation of fact or
written promise made in connection with the sale of a consumer product
by a supplier to a buyer which relates to the nature of the material or
workmanship and affirms or promises that such material or workmanship
is defect free or will meet a specified level of performance over a
specified period of time; or (2) any undertaking in writing in
connection with the sale by a supplier of a consumer product to refund,
repair, replace, or take other remedial action with respect to such
product in the event that such product fails to meet the
[[Page 10862]]
specifications set forth in the undertaking, which written affirmation,
promise or undertaking becomes part of the basis of the bargain between
a supplier and a buyer for purposes other than resale of such product.
3. Manual Requirement; Effective Date
A consumer manual must be provided with each manufactured home that
enters into the first stage of production on or after July 31, 1977,
pursuant to 24 CFR 3282.207 of the Manufactured Home Procedural and
Enforcement Regulations. The manual shall be provided as set out in
section B of these guidelines.
B. Distribution and Adequacy of the Manual
1. Scope
This section sets out the manner in which consumer manuals are to
be provided to consumers and procedures for assuring that consumer
manuals are correctly distributed. It also sets out requirements to be
met by manufacturers if manuals are found to be inadequate.
2. Manual Distribution
(a) Each manufacturer shall provide a consumer manual with each
manufactured home that enters the first stage of production on or after
July 31, 1977, by placing a manual in each such manufactured home
before the manufactured home leaves the manufacturing plant. The manual
shall be placed in a conspicuous location in a manner likely to assure
that it is not removed until the purchaser removes it.
(b) If a manufacturer is informed that a purchaser did not receive
a consumer manual, the manufacturer shall provide the appropriate
manual to the purchaser within 30 days of being so informed.
(c) No dealer or distributor may interfere with the distribution of
the consumer manuals. Where necessary, the dealer or distributor shall
take any appropriate steps to assure that the purchaser receives a
consumer manual from the manufacturer.
3. Inadequate Consumer Manuals
If a consumer manual or a change or revision to a manual does not
substantially comply with section C, the manufacturer shall cease
distribution of the consumer manual and shall provide a corrected
manual for each manufactured home, for which the inadequate or
incorrect manual or revision was provided. A manual substantially
complies with section C if it presents current material on each of the
subjects covered in section C in sufficient detail to inform consumers
about the operation, maintenance, and repair of the manufactured home.
C. Guidelines
1. Scope and Purpose
(a) The purpose of this section is to provide guidelines to
manufacturers which will assure that manufactured home consumers are
given information concerning proper home maintenance, avoidance of
potential safety hazards, and remedies which may be available under the
Act.
(b) No precise format is required. The information may be offered
in a single document or in several documents, all of which are part of
a single package. The information shall be presented in a clear and
understandable manner and an index should be prepared so that consumers
can readily locate any information provided as part of the package.
2. Statements About the Act and Its Protections
(a) The manual should include an explanation of the National
Manufactured Housing Construction and Safety Standards Act and of the
Federal manufactured home construction and safety standards. The
explanation should discuss the protections offered by the standards,
the limitations of the standards and the remedies available to the
consumer under the Act. The explanation should use the following
language or its equivalent:
The National Manufactured Housing Construction and Safety Standards
Act of 1974 was enacted to improve the quality and durability of
manufactured homes and to reduce the number of injuries and deaths
caused by manufactured home accidents. The Federal manufactured home
construction and safety standards issued under the Act govern how
manufactured homes must be constructed. Your manufactured home was
manufactured to the standards. The standards cover the planning and
construction of your home. They were developed so that you would have a
safe, durable home. The standards do not cover such aspects of the
manufactured home as furniture, carpeting, certain appliances, cosmetic
features of the home and additional rooms or sections of the home that
you have added. The Act provides that if for some reason your
manufactured home is found not to meet the standard or to contain
safety hazards, the manufacturer of the manufactured home must notify
you of that fact. In some cases where there is a safety hazard
involved, the Act requires the manufacturer to correct the manufactured
home at no cost to you or to replace the home or refund all or a
percentage of the purchase price. If you believe you have a problem for
which the Act provides a remedy, you should contact the manufacturer,
the manufactured home agency in your state (see the list on page of
this manual), or the Department of Housing and Urban Development. Our
address is (state the manufacturer's address). We recommend that you
contact us first, because that is the quickest way to have your
complaint considered.
(b) The manual should state the location of the data plate and
should explain the significance of all the information printed on it,
particularly the significance of the zone information and the wind and
roof load maps.
(c) The manual should include a list of the State Administrative
Agencies (SAAs) that have been approved or conditionally approved under
24 CFR 3282.305 of the Manufactured Home Procedural and Enforcement
Regulations. The list should include all SAAs listed in this section as
of the date the manual or revision is prepared for printing.
Manufacturers may contact HUD for any update to the SAA list that
appears in this section by sending a stamped, self-addressed envelope
to: List Control, Office of Manufactured Housing and Regulatory
Functions, Room 4224, U.S. Department of Housing and Urban Development,
451 Seventh Street, SW., Washington, DC 20410-8000.
The following States have been approved or conditionally approved
to act as SAAs:
State, Agency Name, Address and Telephone Number
Alabama--Alabama Manufactured Housing Commission, 908 South Hull
Street, Montgomery, AL 36130-3401, (205) 261-4036
Arizona--Office of Manufactured Housing, 801 E. Jefferson, Suite 202,
Phoenix, AZ 85034, (602) 255-4072
Arkansas--Manufactured Home Commission, 1022 High Street, Suite #505,
Little Rock, AR 72202, (501) 371-1641
California--Manufactured Housing Section, Division of Codes &
Standards, Department of Housing and Community Development, P.O. Box
31, Sacramento, CA 95801, (916) 323-9803
Colorado--Division of Housing, Department of Local Affairs, 1313
Sherman Street, Room 419, Denver, CO 80203, (303) 866-2033
Florida--Department of Highway Safety and Motor Vehicles, Division of
Motor Vehicles, Neil Kirkman Building,
[[Page 10863]]
Room A 129, 2900 Apalachee Parkway, Tallahassee, FL 32301-8209, (904)
488-7657
Georgia--State Fire Marshal's Office, Manufactured Homes Division, 620
West Tower, No. 2 Martin Luther King, Jr. Drive, Atlanta, GA 30334,
(404) 656-2064
Idaho--Department of Labor and Industrial Service, 277 North Sixth
Street, Boise, ID 83720, (208) 334-3896
Indiana--Department of Fire Prevention and Building Safety,
Industrialized Building Systems/Code Enforcement Div., 1099 N. Meridian
Street, Suite 900, Indianapolis, IN 46204, (317) 232-1405
Iowa--Building Code Bureau, Division of the State Fire Marshall,
Department of Public Safety, Wallace State Office Building, Des Moines,
IA 50319, (515) 281-3807
Kentucky--Department of Housing, Building and Construction, U.S. 127
South Building, Frankfort, KY 40601, (502) 564-3626
Louisiana--Mobile Home Division, 1033 North Lobdell Avenue, Baton
Rouge, LA 70806, (504) 925-4911
Maine--Manufactured Housing Board, Department of Professional and
Financial Regulation, State House Station 32, Augusta, ME 04333, (207)
289-2955
Maryland--Building Codes Administration--DECD, Department of Economic
and Community Development, 45 Calvert Street, Annapolis, MD 21401,
(301) 974-2701
Michigan--Department of Commerce, Mobile Home Division, Corporation &
Securities Bureau, 6546 Mercantile Way, P.O. Box 30222, Lansing, MI
48909, (517) 334-6203
Minnesota--Department of Administration, Building Codes and Standards
Division, 408 Metro Square Building, 7th and Robert Streets, St. Paul,
MN 55101, (612) 296-4628
Mississippi--Office of the Fire Marshall, 416 Woolfolk Building, P.O.
Box 22542, Jackson, MS 39205-2542, (601) 359-1061
Missouri--Public Service Commission, Mobile Homes and Recreational
Vehicles Division, P.O. Box 360, Jefferson City, MO 65102, (314) 751-
7119
Nebraska--Department of Health, Division of Housing and Environmental
Health, 301 Centennial Mall South, P.O. Box 95007, Lincoln, NE 68509,
(402) 471-2541
Nevada--Manufactured Housing Division, Nevada Department of Commerce,
Capitol Complex, Carson City, NV 89710, (702) 885-4298
New Jersey--Department of Community Affairs, Division of Housing and
Development--BCCE, CN 805 Manufactured Housing Construction, Trenton,
NJ 08625-0804, (609) 292-7142
New Mexico--Regulation and Licensing Department, Manufactured Housing
Division, Santa Fe, NM 87503, (505) 827-6340
New York--Housing and Building Codes Bureau, Division of Housing and
Community Renewal, One Fordham Plaza, Bronx, NY, 10458, (212) 519-5273
(Kessner); (212) 488-4910 (Jordan)
North Carolina--Department of Commerce, Council, Boards & Government
Relations Division, P.O. Box 26307, Raleigh, NC 27611, (919) 733-3901
Oregon--Department of Commerce, Building Codes Division, MHRV Section,
401 Labor and Industries Building, Salem, OR 97310, (503) 378-8451
Pennsylvania--Division of Manufactured Housing, Department of Community
Affairs, Room 509, Forum Building, Harrisburg, PA 17120, (717) 787-9682
Rhode Island--Department of Community Affairs, Building Commission,
1270 Mineral Spring Avenue, North Providence, RI 02904, (401) 277-3033
South Carolina--Manufactured Housing Section, Budget and Control Board,
Division of General Services, 300 Gervais Street, Columbia, SC 29201,
(803) 758-5378
South Dakota--Department of Commerce and Regulation, Commercial
Inspection, 118 W. Capitol, Pierre, SD 57501, (605) 773-3697
Tennessee--Department of Commerce and Insurance, Division of Fire
Prevention, 1808 West End Building, Suite 500, Nashville, TN 37219-
5319, (615) 741-7170
Texas--Texas Department of Labor and Standards, P.O. Box 12157, Austin,
TX 78711, (512) 463-5520
Utah--Department of Business Regulation, Contractors Division--MH & RV,
P.O. Box 45802, Salt Lake City, UT 84145, (801) 530-6727
Virginia--Division of Building Regulatory Services, Department of
Housing and Community Development, 205 N. 4th Street, Room M-4,
Richmond, VA 23219, (804) 786-4846
Washington--Department of Labor and Industries, Construction Compliance
Inspection, 520 S. Water Street, Olympia, WA 98504, (206) 586-0215
Wisconsin--Department of Industry, Labor and Human Relations, Safety
and Building Division, P.O. Box 7969, Madison, WI 53707, (608) 266-1748
or (608) 267-7935 (Turner)
(d) The manual should state that the Department of Housing and
Urban Development (HUD) is the Federal agency administering the Act and
that any questions concerning the Act or a consumer's rights under the
Act should be directed to HUD. The manual should advise consumers that
in order to contact HUD, they should refer to the Department of Housing
and Urban Development under listings for the U.S. Government in their
telephone book. In calling or writing the local HUD office, consumers
should be directed to address their inquiry or call to the ``Consumer
Complaint Officer'' in their local HUD or FHA Office. Consumers should
be advised that they may contact the Central HUD Office directly by
writing or calling the Office of Manufactured Housing and Regulatory
Functions, Compliance Branch, telephone (202) 755-6920 or (202) 755-
6584. (These are not toll-free numbers.)
3. Written Warranties
(a) The manual should state whether or not the manufacturer
provides a written warranty covering the manufactured home. If the
manufacturer provides written warranty, the manual should explain in
clear and understandable language what protections the warranty
provides and how the consumer can obtain service under the warranty.
The manual should specifically and clearly describe:
(1) What repairs the manufacturer will pay for under the warranty
and what repairs, if any, the manufacturer will not pay for;
(2) How long the warranty protection lasts;
(3) What the consumer must do to maintain warranty protections,
including any services that the consumer must obtain or provide at the
consumer's expense;
(4) What actions or conditions could void the warranty; and
(5) Exactly what steps the consumer should take to obtain warranty
service, including any informal dispute settlement procedures offered
by the manufacturer prior to pursuit of legal remedies.
(b) The manual should state what appliances, components or other
aspects of the manufactured home are not covered by the manufacturer's
written warranty and identify any warranty certificates which have been
provided for any of these items.
[[Page 10864]]
(c) Compliance with paragraph (a) of this section may be obtained
by including, as a document of the consumer manual, the manufacturer's
written warranty statement that meets the requirements issued by the
Federal Trade Commission under the Magnuson-Moss Warranty Federal Trade
Commission Improvement Act, 15 U.S.C. 2301 et seq. (Magnuson-Moss).
However, this section is not to be construed as governing the making or
content of written warranties on manufactured homes. Any such written
warranties must comply with the Magnuson-Moss requirements.
4. Setting Up and Anchoring the Manufactured Home
(a) The manual should include an explanation of procedures
recommended to be followed in setting up the manufactured home. The
explanation should include: (1) Site preparation procedures; (2) the
types of foundations for which the home was designed; (3) procedures
for leveling the home; (4) procedures for connecting the utilities; and
(5) suggested anchoring procedures for wind-upset and sliding. If
practicable, the manual should include a list of sources the consumer
may contact to obtain set-up and anchoring services. The manual should
advise the consumer of the differing requirements for manufactured
homes located in ``hurricane'' and ``non hurricane'' wind zones.
(b) The manual should include a recommendation that the home be
professionally inspected after it is set up to assure that it has not
been damaged in transit and is properly set up.
5. Safety
(a) Fire safety. The manual should state the location of the
following safety features required by the standards and explain how
they are operated: (1) Smoke detectors; (2) exit doors and bedroom
egress windows; and (3) any other emergency escape systems.
(b) Wind safety. The manual should state that in order for the
manufactured home to be secure against high winds, it should be
anchored to the ground. The manual should caution the owner that if the
manufactured home is not properly anchored, it is highly susceptible to
wind damage when high wind conditions occur.
(c) Systems safety. The manual should explain how the electric,
plumbing, and heating systems of the manufactured home may be rendered
unsafe through improper use or treatment and what hazards may result.
The manual should state the location and purpose of utility shut-off
valves and switches and how they should be used to prevent hazards.
6. Maintenance
(a) The manual should contain a detailed explanation of how the
consumer should care for the manufactured home, including a simple
maintenance and inspection chart that can be used as a checklist by the
consumer. The explanation should describe any aspects of operation and
maintenance that are unique to manufactured homes, and it should
emphasize that the consumer is responsible for adequate maintenance.
The explanation should include a list of components, appliances or
major systems for which an operational manual or instructions were
provided by the manufacturer of the item and a statement that the
consumer should make sure that those manuals or instructions were
provided with the manufactured home.
(b) The manual should discuss the possible consequences of
inadequate maintenance or faulty operation. In particular, the manual
should discuss problems which may arise from condensation or from
inadequate insulation of the piping in the manufactured home and how
those problems can be avoided.
(c) The manual should state the maintenance and repair procedures
or types of procedures for which specialized knowledge or skills are
required.
(d) The manual should state how the purchaser can obtain diagrams
of the structural, electrical, plumbing and heating, cooling and
transportation systems.
7. Relocating the Manufactured Home
The manual should identify and explain the factors that the
consumer should take into account whenever the manufactured home may be
relocated. These should include weight and balance considerations;
securing of appliances, furniture, etc.; and recommended conditions of
the manufactured home's transportation system (e.g., tires, brakes,
axles, wheels, rims, coupling mechanisms). It should recommend that the
owner seek professional assistance whenever considering relocating the
home.
8. Insurance
The manufacturer should recommend that owners of manufactured homes
consider acquiring adequate and appropriate insurance. Manufacturers
should also advise consumers to contact an insurance company of their
choice to obtain information on the types of insurance coverage
available and should suggest factors to be considered.
[FR Doc. 96-6163 Filed 3-14-96; 8:45 am]
BILLING CODE 4210-27-P
Complete official Federal Register PDF
FR Doc. 96-6162 Allocation of Budget Authority for Housing Assistance
[Federal Register Volume 61, Number 52 (Friday, March 15, 1996)]
[Rules and Regulations]
[Pages 10848-10852]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6162]
[[Page 10847]]
_______________________________________________________________________
Part II
Department of Housing and Urban Development
_______________________________________________________________________
24 CFR Part 791
Allocation of Budget Authority for Housing Assistance; Final Rule
Federal Register / Vol. 61, No. 52 / Friday, March 15, 1996 / Rules
and Regulations
[[Page 10848]]
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of the Secretary
24 CFR Part 791
[Docket No. FR-4024-F-01]
RIN 2501-AC17
Allocation of Budget Authority for Housing Assistance
AGENCY: Office of the Secretary, HUD.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule amends HUD's regulations for the allocation of
budget authority for housing assistance. In an effort to comply with
the President's regulatory reform initiatives, this rule streamlines
the regulations by eliminating provisions that are redundant of
statutes or are otherwise unnecessary, making them clearer and more
concise.
In addition, this rule revises the regulations to reflect
organizational initiatives within Headquarters, as well as the
Department's reinvention of the field office structure in Fiscal Year
1994, which eliminated the regional office management layer and
delegated the authority to the State and Area offices.
EFFECTIVE DATE: April 15, 1996.
FOR FURTHER INFORMATION CONTACT: For the Public and Indian Housing
programs, and the Section 8 voucher, certificate, and moderate
rehabilitation programs: Nanci E. Gelb, Director, PIH Budget Division,
Room 4230, Department of Housing and Urban Development, 451 Seventh
Street, SW, Washington, DC 20410-0500. Telephone: (202) 708-0614.
Hearing- or speech-impaired individuals may call HUD's TDD number (202)
708-0850.
For other assisted housing programs: Karen Daly, Acting Director,
Office of Policy, Assistant Secretary for Housing, Room 9220,
Department of Housing and Urban Development, 451 Seventh Street, SW.,
Washington, DC 20410-8000. Telephone: (202) 708-4135. Hearing- or
speech-impaired individuals may call HUD's TDD number (202) 755-4594.
(These are not toll-free numbers.)
SUPPLEMENTARY INFORMATION On March 4, 1995, President Clinton issued a
memorandum to all Federal departments and agencies regarding regulatory
reinvention. In response to this memorandum, the Department of Housing
and Urban Development conducted a page-by-page review of its
regulations to determine which can be eliminated, consolidated, or
otherwise improved. HUD has determined that the regulations for the
``Allocation of Budget Authority for Housing Assistance'' can be
improved and streamlined by eliminating unnecessary provisions.
Some provisions in the regulations are now obsolete. For instance,
this rule removes Subpart B which contains obsolete regulations
regarding the Housing Assistance Plan (HAP). The HAP has been
superseded by the comprehensive affordability strategy (and
consolidated plan). Moreover, the Department now uses a grant mechanism
for the Section 202 program as a result of statutory changes in 1990;
hence, references in the regulations to loan authority for the Section
202 program, and in general, have been deleted.
Finally, some provisions in the regulations are not statutory
requirements. Section 791.403(a) included a statement that the
Assistant Secretaries for Housing and for Public and Indian Housing
would confer to determine how the available budget authority should be
allocated. Given recent appropriations treatment of the Section 8
programs, such consultation is no longer needed. Therefore, this
provision has been eliminated.
Justification for Final Rulemaking
HUD generally publishes a rule for public comment before issuing a
rule for effect, in accordance with its own regulations on rulemaking
in 24 CFR part 10. However, part 10 provides for exceptions to the
general rule if the agency finds good cause to omit advance notice and
public participation. The good cause requirement is satisfied when
prior public procedure is ``impracticable, unnecessary, or contrary to
the public interest'' (24 CFR 10.1). HUD finds that good cause exists
to publish this rule for effect without first soliciting public
comment. This rule merely removes unnecessary regulatory provisions and
does not establish or affect substantive policy. Therefore, prior
public comment is unnecessary.
Other Matters
Regulatory Flexibility Act
The Secretary, in accordance with the Regulatory Flexibility Act (5
U.S.C. 605(b)), has reviewed this rule before publication and by
approving it certifies that this rule does not have a significant
economic impact on a substantial number of small entities. The rule
revises existing procedures for the allocation of housing assistance
funds and for local government and HUD review of applications for
housing assistance, but makes no change in the economic impact of these
procedures on small entities.
Environmental Impact
In accordance with 40 CFR 1508.4 of the regulations of the Council
on Environmental Quality and 24 CFR 50.20(k) of the HUD regulations,
the policies and procedures contained in this rule relate only to
internal administrative procedures whose content does not constitute a
development decision nor affect the physical condition of project areas
or building sites, and therefore, are categorically excluded from the
requirements of the National Environmental Policy Act.
Executive Order 12612, Federalism
The General Counsel, as the Designated Official under section 6(a)
of Executive Order 12612, Federalism, has determined that the policies
contained in this rule will not have substantial direct effects on
states or their political subdivisions, or the relationship between the
Federal Government and the States, or on the distribution of power and
responsibilities among the various levels of government. Specifically,
this rule will not substantially alter the established roles of HUD and
the States and local governments, including PHAs, in administering the
affected programs. As a result, the rule is not subject to review under
the Order.
Executive Order 12606, The Family
The General Counsel, as the Designated Official under Executive
Order 12606, The Family, has determined that this rule does not have
potential for significant impact on family formation, maintenance, and
general well-being, and, thus, is not subject to review under the
Order. No significant change in existing HUD policies or programs will
result from promulgation of this rule, as those policies and programs
relate to family concerns.
List of Subjects in 24 CFR Part 791
Grant programs--housing and community development, Indians,
Intergovernmental relations, Public housing, Rent subsidies.
Accordingly, pursuant to the Secretary's authority under 42 U.S.C.
3535(d), 24 CFR part 791 is revised as follows:
[[Page 10849]]
PART 791--REVIEW OF APPLICATIONS FOR HOUSING ASSISTANCE AND
ALLOCATIONS OF HOUSING ASSISTANCE FUNDS
Subpart A--General Provisions
Sec.
791.101 Applicability and scope.
791.102 Definitions.
Subpart B--[Reserved]
Subpart C--Applications for Housing Assistance
791.301 General.
791.302 Finding of need for housing assistance.
791.303 Notification of local government.
791.304 Review and comment period.
791.305 HUD review of applications for housing assistance.
Subpart D--Allocation of Budget Authority for Housing Assistance
791.401 General.
791.402 Determination of low-income housing needs.
791.403 Allocation of housing assistance.
791.404 Field Office allocation planning.
791.405 Reallocations of budget authority.
791.406 Competition.
791.407 Headquarters Reserve.
Authority: 42 U.S.C. 1439 and 3535(d).
Subpart A--General Provisions
Sec. 791.101 Applicability and scope.
This part describes the roles and responsibilities of HUD and local
governments under section 213 of the Housing and Community Development
Act of 1974 (42 U.S.C. 1437). It applies to the allocation of budget
authority, and the review and approval of applications for housing
assistance under the United States Housing Act of 1937 (42 U.S.C. 1437-
1437q), section 101 of the Housing and Urban Development Act of 1965
(12 U.S.C. 1701s), and with respect to subpart D only, section 202 of
the Housing Act of 1959 (12 U.S.C. 1710q), except as follows:
(a) This part does not apply to programs for public housing
operating subsidy, public housing modernization, or rental
rehabilitation grant assistance under section 9, 14, or 17 of the
United States Housing Act of 1937; and
(b) Subpart D of this part does not apply to the allocation of
budget authority for housing development grant assistance under section
17 of the U.S. Housing Act of 1937.
Sec. 791.102 Definitions.
Act. The Housing and Community Development Act of 1974 (42 U.S.D.
1437), as amended.
Allocation area. A municipality, county, or group of municipalities
or counties or Indian areas identified by the HUD field office for the
purpose of allocating housing assistance.
Application for housing assistance. The first submission to HUD for
housing assistance under one of the programs identified in
Sec. 791.101(a). For the purposes of this part, the term includes an
application, a preliminary proposal, or a proposal, so long as it meets
the applicable program regulations. For the public housing program, the
first application identifying a project site will be considered the
application for housing assistance.
Assistant Secretary. The Assistant Secretary for Housing or the
Assistant Secretary for Public and Indian Housing, as appropriate to
the housing assistance under consideration.
Budget authority. The maximum amount authorized by the Congress for
payments over the term of assistance contracts.
Chief executive officer. The elected official or legally designated
official who has the primary responsibility for conducting the
governmental affairs of a unit of general local government. Examples of
the ``chief executive officer'' include: the elected mayor of a
municipality; the elected county executive of a county; the presiding
officer of a county commission or board in a county that has no elected
county executive; the official designated by the governing body of the
local government pursuant to law (e.g., the city manager or city
administrator); and the chairman, governor, chief or president of an
Indian tribe or Alaskan native village.
Fiscal year. The official operating period of the Federal
government, beginning on October 1 and ending on September 30.
Household type. The three household types are: elderly, small
family, and large family. References to household type shall mean the
household type within the appropriate tenure type.
Housing type. The three housing types are:
(1) New construction;
(2) Rehabilitation; and
(3) Existing housing.
Local government. Any city, county, town, township, parish, village
or other unit of general local government which is a general purpose
political subdivision of a State or the Commonwealth of Puerto Rico;
Guam, the Commonwealth of the Northern Marianas, the Virgin Islands and
American Samoa, or a general purpose political subdivision thereof; a
combination of such political subdivisions recognized by the Secretary
of HUD: the District of Columbia; the former Trust Territories of the
Pacific Islands, as applicable ; Indian tribes, bands, groups and
nations, including Alaska Indians, Aleuts and Eskimos; and any Alaskan
native village of the United States. The term also includes a State or
local public body or agency, community association, or other entity
which is approved by HUD to provide public facilities or services to a
new community meeting the requirements of Title IV of the Housing and
Urban Development Act of 1968 (42 U.S.C. 3901) or Title VII of the
Housing and Urban Development Act of 1970 (42 U.S.C. 4501).
Metropolitan area. See MSA.
MSA. A metropolitan statistical area established by the Office of
Management and Budget. The term also includes primary metropolitan
statistical areas (PMSAs), which are the component parts of larger
urbanized areas designated as consolidated metropolitan statistical
areas (CMSAs). Where an MSA is divided among two or more field offices,
references to an MSA mean the portion of the MSA within the State/Area
Office jurisdiction.
Public housing agency. Any State, county, municipality, or other
governmental entity or public body (or agency or instrumentality
thereof) which is authorized to engage in or assist in the development
or operation of housing for low-income families.
Tenure type. The two tenure types are owners and renters.
Urban county. Any county within a metropolitan area which is
authorized under State law to undertake essential community development
and housing assistance activities in its unincorporated areas, and
which meets the other requirements of 24 CFR 570.307 for qualification
as an urban county.
Subpart B--[Reserved]
Subpart C--Applications for Housing Assistance
Sec. 791.301 General.
This subpart C establishes the policies and procedures governing
reviews and determinations, pursuant to section 213(c) of the Act, with
respect to applications for housing assistance, under the programs
identified in Sec. 791.101(a).
Sec. 791.302 Finding of need for housing assistance.
With respect to each application for housing assistance, the field
office is required to make a determination as to whether there is a
need for such housing and whether the public facilities and services
available in the area will be adequate to serve the proposed housing.
[[Page 10850]]
(a) The initial determination of need for housing assistance within
an allocation area is made as part of the allocation process in
Sec. 791.404. In making this determination, the field office shall give
consideration to the contents of any applicable State or areawide
housing plan proposing housing assistance in the area, as well as
generally available data on population, poverty, housing overcrowding,
housing vacancies, amount of substandard housing, or other objectively
measurable conditions pertaining to low-income housing needs.
(b) Prior to making a determination with regard to a specific
application, the field office shall give the local government in which
the proposed assistance is to be provided an opportunity to provide
comments, during a 30-calendar-day period, concerning the need for
housing assistance and the adequacy of public facilities and services.
If the local government finding is negative, it must be accompanied by
supporting evidence.
Sec. 791.303 Notification of local government.
(a) The field office shall notify the chief executive officer no
later than 10 working days after receipt (or completion of any
preliminary review and determination that the application is acceptable
for further processing) that an application for housing assistance to
be provided in that jurisdiction has been received and is under
consideration.
(1) When the application is for housing assistance in newly
constructed or rehabilitated housing within the overlapping
jurisdictions of more than one local government (e.g., a municipality
which is also within a county), the field office shall notify the chief
executive officer of each local government.
(2) When the application is for housing assistance in newly
constructed or rehabilitated housing within several nonoverlapping
political jurisdictions (e.g., a scattered site project), the field
office shall notify the chief executive officer of each local
government where housing assistance is proposed.
(3) For a Section 8 existing housing, moderate rehabilitation, or
housing voucher application submitted in accordance with 24 CFR part
982, the field office shall notify the chief executive officers of the
localities that are identified in the application as:
(i) Primary areas from which households to be assisted under the
existing housing program will be drawn; or
(ii) Primary areas in which units will be rehabilitated under the
moderate rehabilitation program.
(b) The notification to the chief executive officer shall:
(1) Indicate that the field office has received and is considering
an application for housing assistance, and identify the housing
program, the housing type, the number of units by bedroom size and
household type, and the proposed location(s).
(2) Invite the submission, within a period of 30 calendar days from
the date of the field office letter, of a statement on behalf of the
local government concerning the need for housing assistance and the
adequacy of public facilities and services and any other comments which
are relevant to a determination by the field office concerning the
proposed housing assistance (e.g., comments on the site; whether the
project is approvable under local codes and zoning ordinances).
Sec. 791.304 Review and comment period.
The chief executive officer shall have a 30-calendar day comment
period, beginning on the date of the notification letter described in
Sec. 791.303, to submit written comments relevant to a determination by
the field office concerning the approval of an application for housing
assistance. The field office shall consider the comment period closed
when the written comments are received. In no case shall the Program
Office Director in the field office be obligated to consider subsequent
or revised comments unless the initial response indicated that
additional comments would be provided and such comments are received
prior to the expiration of the 30-day comment period. As an alternative
to this process, the chief executive officer may submit any comments on
the application with the application at the time it is submitted to
HUD. Such early comment shall state whether such comment is intended to
be the final comment, notwithstanding the 30-day period otherwise
provided under this paragraph.
Sec. 791.305 HUD review of applications for housing assistance.
(a) The field office shall not approve an application for housing
assistance prior to either:
(1) Receipt of comments pursuant to Sec. 791.304; or
(2) Expiration of the 30-day comment period, whichever occurs
earlier.
(b) In determining whether an application will be approved, the
field office shall consider the comments provided by the local
government including comments submitted by the chief executive officer
on behalf of the local government. The field office shall make an
independent determination as to whether there is a need for housing
assistance and whether facilities and services are adequate before
approving the application.
(c) The field office shall promptly notify both the chief executive
officer and the applicant of the HUD determination with respect to the
approval or disapproval of the application for housing assistance.
Subpart D--Allocation of Budget Authority for Housing Assistance
Sec. 791.401 General.
This subpart D establishes the procedures for allocating budget
authority under section 213(d) of the Act for the programs identified
in Sec. 791.101(a). It describes the allocation of budget authority by
the appropriate Assistant Secretary to the applicable Program Office
Director in the HUD field office, and by the Program Office Director to
allocation areas within their jurisdiction.
Sec. 791.402 Determination of low-income housing needs.
(a) Before budget authority is allocated, the Assistant Secretary
for Policy Development and Research shall determine the relative need
for low-income housing assistance in each HUD field office
jurisdiction. This determination shall be based upon data from the most
recent, available decennial census and, where appropriate, upon more
recent data from the Bureau of the Census or other Federal agencies, or
from the American Housing Survey.
(b) Except for paragraph (c) of this section, the factors used to
determine the relative need for assistance shall be based upon the
following criteria:
(1) Population. The renter population;
(2) Poverty. The number of renter households with annual incomes at
or below the poverty level, as defined by the Bureau of the Census;
(3) Housing overcrowding. The number of renter-occupied housing
units with an occupancy ratio of 1.01 or more persons per room;
(4) Housing vacancies. The number of renter housing units that
would be required to maintain vacancies at levels typical of balanced
market conditions;
(5) Substandard housing. The number of housing units built before
1940 and occupied by renter households with annual incomes at or below
the poverty level, as defined by the Bureau of the Census; and
[[Page 10851]]
(6) Other objectively measurable conditions. Data indicating
potential need for rental housing assistance, such as the number of
renter households with incomes below specified levels and paying a
gross rent of more than 30 percent of household income.
(c)(1) For the section 202 elderly program, the data used shall
reflect relevant characteristics of the elderly population. The data
shall use the criteria specified in paragraph (b)(1) and (6) of this
section, as modified to apply specifically to the needs of the elderly
population.
(2) Budget authority for the Indian housing program under 24 CFR
part 905 shall be allocated on the basis of the relative housing needs
of the Indian tribal population, as measured by the Bureau of Indian
Affairs, and by data for non-BIA recognized groups served by the Indian
housing program.
(d) Based on the criteria in paragraphs (b) and (c)(1) of this
section, the Assistant Secretary for Policy Development and Research
shall establish housing needs factors for each county and independent
city in the field office jurisdiction, and shall aggregate the factors
into metropolitan and nonmetropolitan totals for the field office. The
field office total for each metropolitan and nonmetropolitan factor is
then divided by the respective national total for that factor. The
resulting housing needs ratios under paragraph (b) of this section are
then weighted to provide metropolitan and nonmetropolitan housing needs
percentages for each field office, using the following weights:
Population, 20 percent; poverty, 20 percent; housing overcrowding, 10
percent; housing vacancies, 10 percent; substandard housing, 20
percent; other objectively measurable conditions, 20 percent. For the
section 202 elderly program, the two criteria described in paragraph
(c)(1) of this section are weighted equally.
(e) The Assistant Secretary for Policy Development and Research
shall adjust the housing needs percentages derived in paragraph (d) of
this section to reflect the relative cost of providing housing among
the field office jurisdictions.
Sec. 791.403 Allocation of housing assistance.
(a) The total budget authority available for any fiscal year shall
be determined by adding any available, unreserved budget authority from
prior fiscal years to any newly appropriated budget authority for each
housing program. On a nationwide basis, at least 20 percent, but not
more than 25 percent, of the total budget authority available for any
fiscal year, which is allocated pursuant to paragraph (b)(2) of this
section and any amounts which are retained pursuant to Sec. 791.407,
shall be allocated for use in nonmetropolitan areas.
(b) Budget authority available for the fiscal year, except for that
retained pursuant to Sec. 791.407, shall be allocated to the field
offices as follows:
(1) Budget authority shall be allocated as needed for uses that the
Secretary determines are incapable of geographic allocation by formula,
including--
(i) Amendments of existing contracts, renewal of assistance
contracts, assistance to families that would otherwise lose assistance
due to the decision of the project owner to prepay the project mortgage
or not to renew the assistance contract, assistance to prevent
displacement or to provide replacement housing in connection with the
demolition or disposition of public and Indian housing, assistance in
support of the property disposition and loan management functions of
the Secretary;
(ii) Assistance which is--
(A) The subject of a line item identification in the HUD
appropriations law, or in the table customarily included in the
Conference Report on the appropriation for the Fiscal Year in which the
funds are to be allocated;
(B) Reported in the Operating Plan submitted by HUD to the
Committees on Appropriations; or
(C) Included in an authorization statute where the nature of the
assistance, such as a prescribed set-aside, is, in the determination of
the Secretary, incapable of geographic allocation by formula,
(iii) Assistance determined by the Secretary to be necessary in
carrying out the following programs authorized by the Cranston-Gonzalez
National Affordable Housing Act: the Homeownership and Opportunity
Through HOPE Act under title IV and HOPE for Elderly Independence under
section 803.
(2) Budget authority remaining after carrying out allocation steps
outlined in paragraph (b)(1) of this section shall be allocated in
accordance with the housing needs percentages calculated under
paragraphs (b), (c), (d), and (e) of Sec. 791.402. HUD may allocate
assistance under this paragraph in such a manner that each State shall
receive not less than one-half of one percent of the amount of funds
available for each program referred to in Sec. 791.101(a) in each
fiscal year. If the budget authority for a particular program is
insufficient to fund feasible projects, or to promote meaningful
competition, at the field office level, budget authority may be
allocated among the ten geographic areas of the country. The funds so
allocated will be assigned by Headquarters to the field office(s) with
the highest ranked applications within the ten geographic areas.
(c) At least annually HUD will publish a notice in the Federal
Register informing the public of all allocations under
Sec. 791.403(b)(2).
Sec. 791.404 Field Office allocation planning.
(a) General objective. The allocation planning process should
provide for the equitable distribution of available budget authority,
consistent with the relative housing needs of each allocation area
within the field office jurisdiction.
(b) Establishing allocation areas. Allocation areas, consisting of
one or more counties or independent cities, shall be established by the
field office in accordance with the following criteria:
(1) Each allocation shall be to the smallest practicable area, but
of sufficient size so that at least three eligible entities are viable
competitors for funds in the allocation area, and so that all
applicable statutory requirements can be met. (It is expected that in
many instances individual MSAs will be established as metropolitan
allocation areas.) For the section 202 program for the elderly, the
allocation area must include sufficient units to promote a meaningful
competition among disparate types of providers of such housing (e.g.,
local as well as national sponsors, minority as well as non-minority
sponsors). The preceding sentence shall not apply to projects acquired
from the Resolution Trust Corporation under section 21A(c) of the
Federal Home Loan Bank Act.
(2) Each allocation area shall also be of sufficient size, in terms
of population and housing need, that the amount of budget authority
being allocated to the area will support at least one feasible program
or project.
(3) In establishing allocation areas, counties and independent
cities within MSAs should not be combined with counties that are not in
MSAs.
(c) Determining the amount of budget authority. Where the field
office establishes more than one allocation area, it shall determine
the amount of budget authority to be allocated to each allocation area,
based upon a housing needs percentage which represents the needs of
that area relative to the needs of the metropolitan or nonmetropolitan
portion of the field office jurisdiction, whichever is appropriate. For
each program, a composite housing needs percentage developed under
Sec. 791.402
[[Page 10852]]
for those counties and independent cities comprising the allocation
area shall be aggregated into allocation area totals.
(d) Planning for the allocation. The field office should develop an
allocation plan which reflects the amount of budget authority
determined for each allocation area in paragraph (c). The plan should
include a map or maps clearly showing the allocation areas within the
field office jurisdiction. The relative share of budget authority by
individual program type need not be the same for each allocation area,
so long as the total amount of budget authority made available to the
allocation area is not significantly reduced.
Sec. 791.405 Reallocations of budget authority.
(a) The field office shall make every reasonable effort to use the
budget authority made available for each allocation area within such
area. If the Program Office Director determines that not all of the
budget authority allocated for a particular allocation area is likely
to be used during the fiscal year, the remaining authority may be
allocated to other allocation areas where it is likely to be used
during that fiscal year.
(b) If the Assistant Secretary determines that not all of the
budget authority allocated to a field office is likely to be used
during the fiscal year, the remaining authority may be reallocated to
another field office where it is likely to be used during that fiscal
year.
(c) Any reallocations of budget authority among allocation areas or
field offices shall be consistent with the assignment of budget
authority for the specific program type and established set-asides.
(d) Notwithstanding the requirements of paragraphs (a) through (c)
of this section, budget authority shall not be reallocated for use in
another State unless the Program Office Director or the Assistant
Secretary has determined that other allocation areas within the same
State cannot use the available authority during the fiscal year.
Sec. 791.406 Competition.
(a) All budget authority allocated pursuant to Sec. 791.403(b)(2)
shall be reserved and obligated pursuant to a competition. Any such
competition shall be conducted pursuant to specific criteria for the
selection of recipients of assistance. These criteria shall be
contained in a regulation promulgated after notice and public comment
or, to the extent authorized by law, a notice published in the Federal
Register.
(b) This section shall not apply to assistance referred to in
Secs. 791.403(b)(1) and 791.407.
Sec. 791.407 Headquarters Reserve.
(a) A portion of the budget authority available for the housing
programs listed in Sec. 791.101(a), not to exceed an amount equal to
five percent of the total amount of budget authority available for the
fiscal year for programs under the United States Housing Act of 1937
listed in Sec. 791.101(a), may be retained by the Assistant Secretary
for subsequent allocation to specific areas and communities, and may
only be used for:
(1) Unforeseen housing needs resulting from natural and other
disasters, including hurricanes, tornadoes, storms, high water, wind
driven water, tidal waves, tsunamis, earthquakes, volcanic eruptions,
landslides, mudslides, snowstorms, drought, fires, floods, or
explosions, which in the determination of the Secretary cause damage of
sufficient severity and magnitude to warrant Federal housing
assistance;
(2) Housing needs resulting from emergencies, as certified by the
Secretary, other than disasters described in paragraph (a)(1) of this
section. Emergency housing needs that can be certified are only those
that result from unpredictable and sudden circumstances causing housing
deprivation (such as physical displacement, loss of Federal rental
assistance, or substandard housing conditions) or causing an unforeseen
and significant increase in low-income housing demand in a housing
market (such as influx of refugees or plant closings);
(3) Housing needs resulting from the settlement of litigation; and
(4) Housing in support of desegregation efforts.
(b) Applications for funds retained under paragraph (a) of this
section shall be made to the field office, which will make
recommendations to Headquarters for approval or rejection of the
application. Applications generally will be considered for funding on a
first-come, first-served basis. Specific instructions governing access
to the Headquarters Reserve shall be published by notice in the Federal
Register, as necessary.
(c) Any amounts retained in any fiscal year under paragraph (a) of
this section that are not reserved by the end of such fiscal year shall
remain available for the following fiscal year in the program under
Sec. 791.101(a) from which the amount was retained. Such amounts shall
be allocated pursuant to Sec. 791.403(b)(2).
Dated: March 7, 1996.
Henry G. Cisneros,
Secretary.
[FR Doc. 96-6162 Filed 3-14-96; 8:45 am]
BILLING CODE 4210-32-P
Complete official Federal Register PDF
FR Doc. 96-6122 Valuation of Plan Benefits in Single-Employer Plans; Valuation of Plan Benefits and Plan Assets Following Mass Withdrawal; Amendments Adopting Additional PBGC Rates
[Federal Register Volume 61, Number 52 (Friday, March 15, 1996)]
[Rules and Regulations]
[Pages 10674-10676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6122]
=======================================================================
-----------------------------------------------------------------------
PENSION BENEFIT GUARANTY CORPORATION
29 CFR Parts 2619 and 2676
Valuation of Plan Benefits in Single-Employer Plans; Valuation of
Plan Benefits and Plan Assets Following Mass Withdrawal; Amendments
Adopting Additional PBGC Rates
AGENCY: Pension Benefit Guaranty Corporation.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule amends the Pension Benefit Guaranty
Corporation's regulations on Valuation of Plan Benefits in Single-
Employer Plans and Valuation of Plan Benefits and Plan Assets Following
Mass Withdrawal. The former regulation contains the interest
assumptions that the PBGC uses to value benefits under terminating
single-employer plans. The latter regulation contains the interest
assumptions for valuations of multiemployer plans that have undergone
mass withdrawal. The amendments set out in this final rule adopt the
interest assumptions applicable to single-employer plans with
termination dates in April 1996, and to multiemployer plans with
valuation dates in April 1996. The effect of these amendments is to
advise the public of the adoption of these assumptions.
EFFECTIVE DATE: April 1, 1996.
FOR FURTHER INFORMATION CONTACT: Harold J. Ashner, Assistant General
Counsel, Office of the General Counsel, Pension Benefit Guaranty
Corporation, 1200 K Street NW., Washington, DC 20005, 202-326-4024
(202-326-4179 for TTY and TDD).
SUPPLEMENTARY INFORMATION: This rule adopts the April 1996 interest
assumptions to be used under the Pension Benefit Guaranty Corporation's
regulations on Valuation of Plan Benefits in Single-Employer Plans (29
CFR part 2619, the ``single-employer regulation'') and Valuation of
Plan Benefits and Plan Assets Following Mass Withdrawal (29 CFR part
2676, the ``multiemployer regulation'').
Part 2619 sets forth the methods for valuing plan benefits of
terminating single-employer plans covered under title IV of the
Employee Retirement Income Security Act of 1974, as amended. Under
ERISA section 4041(c), all single-employer plans wishing to terminate
in a distress termination must value guaranteed benefits and ``benefit
liabilities,'' i.e., all benefits provided under the plan as of the
plan termination date, using the formulas set forth in part 2619,
subpart C. (Plans terminating in a standard termination may, for
purposes of the Standard Termination Notice filed with PBGC, use these
formulas to value benefit liabilities, although this is not required.)
In addition, when the PBGC terminates an underfunded plan involuntarily
pursuant to ERISA section 4042(a), it uses the subpart C formulas to
determine the amount of the plan's underfunding. Part 2676 prescribes
rules for valuing benefits and certain assets of multiemployer plans
under sections 4219(c)(1)(D) and 4281(b) of ERISA.
Appendix B to part 2619 sets forth the interest rates and factors
under the single-employer regulation. Appendix B to part 2676 sets
forth the interest rates and factors under the multiemployer
regulation. Because these rates and factors are intended to reflect
current conditions in the financial and annuity markets, it is
necessary to update the rates and factors periodically.
The PBGC issues two sets of interest rates and factors, one set to
be used for the valuation of benefits to be paid as annuities and one
set for the valuation of benefits to be paid as lump sums. The same
assumptions apply to terminating single-employer plans and to
multiemployer plans that have undergone a mass withdrawal. This
amendment adds to appendix B to parts 2619 and 2676 sets of interest
rates and factors for valuing benefits in single-employer plans that
have termination dates during April 1996 and multiemployer plans that
have undergone mass withdrawal and have valuation dates during April
1996.
For annuity benefits, the interest rates will be 5.80% for the
first 20 years following the valuation date and 4.75% thereafter. For
benefits to be paid as lump sums, the interest assumptions to be used
by the PBGC will be 4.75% for the period during which benefits are in
pay status, and 4.0% during all years
[[Page 10675]]
preceding the benefit's placement in pay status. The above annuity
interest assumptions represent an increase (from those in effect for
March 1996) of .30 percent for the first 20 years following the
valuation date and are otherwise unchanged. The lump sum interest
assumptions represent an increase (from those in effect for March 1996)
of .50 percent for the period during which benefits are in pay status
and are otherwise unchanged.
Generally, the interest rates and factors under these regulations
are in effect for at least one month. However, the PBGC publishes its
interest assumptions each month regardless of whether they represent a
change from the previous month's assumptions. The assumptions normally
will be published in the Federal Register by the 15th of the preceding
month or as close to that date as circumstances permit.
The PBGC has determined that notice and public comment on these
amendments are impracticable and contrary to the public interest. This
finding is based on the need to determine and issue new interest rates
and factors promptly so that the rates and factors can reflect, as
accurately as possible, current market conditions.
Because of the need to provide immediate guidance for the valuation
of benefits in single-employer plans whose termination dates fall
during April 1996, and in multiemployer plans that have undergone mass
withdrawal and have valuation dates during April 1996, the PBGC finds
that good cause exists for making the rates and factors set forth in
this amendment effective less than 30 days after publication.
The PBGC has determined that this action is not a ``significant
regulatory action'' under the criteria set forth in Executive Order
12866.
Because no general notice of proposed rulemaking is required for
this amendment, the Regulatory Flexibility Act of 1980 does not apply.
See 5 U.S.C. 601(2).
List of Subjects
29 CFR Part 2619
Employee benefit plans, Pension insurance, and Pensions.
29 CFR Part 2676
Employee benefit plans and Pensions.
In consideration of the foregoing, parts 2619 and 2676 of chapter
XXVI, title 29, Code of Federal Regulations, are hereby amended as
follows:
PART 2619--[AMENDED]
1. The authority citation for part 2619 continues to read as
follows:
Authority: 29 U.S.C. 1301(a), 1302(b)(3), 1341, 1344, 1362.
2. In appendix B, Rate Set 30 is added to Table I, and a new entry
is added to Table II, as set forth below. The introductory text of both
tables is republished for the convenience of the reader and remains
unchanged.
Appendix B to Part 2619--Interest Rates Used To Value Lump Sums and
Annuities
Lump Sum Valuations
In determining the value of interest factors of the form
v0:n (as defined in Sec. 2619.49(b)(1)) for purposes of
applying the formulas set forth in Sec. 2619.49(b) through (i) and
in determining the value of any interest factor used in valuing
benefits under this subpart to be paid as lump sums (including the
return of accumulated employee contributions upon death), the PBGC
shall employ the values of it set out in Table I hereof as
follows:
(1) For benefits for which the participant or beneficiary is
entitled to be in pay status on the valuation date, the immediate
annuity rate shall apply.
(2) For benefits for which the deferral period is y years (y is
an integer and 0n1), interest rate i1 shall
apply from the valuation date for a period of y years; thereafter
the immediate annuity rate shall apply.
(3) For benefits for which the deferral period is y years (y is
an integer and n1n1+n2), interest rate
i2 shall apply from the valuation date for a period of
y-n1 years, interest rate i1 shall apply for the following
n1 years; thereafter the immediate annuity rate shall apply.
(4) For benefits for which the deferral period is y years (y is
an integer and y>n1+n2), interest rate i3 shall apply
from the valuation date for a period of y-n1-n2 years,
interest rate i2 shall apply for the following n2 years,
interest rate i1 shall apply for the following n1 years;
thereafter the immediate annuity rate shall apply.
Table I
[Lump sum valuations]
----------------------------------------------------------------------------------------------------------------
For plans with a valuation Immediate Deferred annuities (percent)
date annuity -------------------------------------------------
Rate set ------------------------------- rate
On or after Before (percent) i1 i2 i3 n1 n2
----------------------------------------------------------------------------------------------------------------
* * * * * *
30.................. 04-1-96............ 05-1-96 4.75 4.00 4.00 4.00 7 8
----------------------------------------------------------------------------------------------------------------
Annuity Valuations
In determining the value of interest factors of the form
v0:n (as defined in Sec. 2619.49(b)(1)) for purposes of
applying the formulas set forth in Sec. 2619.49 (b) through (i) and
in determining the value of any interest factor used in valuing
annuity benefits under this subpart, the plan administrator shall
use the values of it prescribed in Table II hereof.
The following table tabulates, for each calendar month of
valuation ending after the effective date of this part, the interest
rates (denoted by i1, i2, * * *, and referred to generally
as it) assumed to be in effect between specified anniversaries
of a valuation date that occurs within that calendar month; those
anniversaries are specified in the columns adjacent to the rates.
The last listed rate is assumed to be in effect after the last
listed anniversary date.
Table II
[Annuity valuations]
----------------------------------------------------------------------------------------------------------------
The values of it are:
For valuation dates occurring in -----------------------------------------------------------------------------
the month-- it for t= it for t= it for t=
----------------------------------------------------------------------------------------------------------------
* * * * * *
April 1996........................ .0580 1-20 .0475 >20 N/A N/A
----------------------------------------------------------------------------------------------------------------
[[Page 10676]]
PART 2676--[AMENDED]
3. The authority citation for part 2676 continues to read as
follows:
Authority: 29 U.S.C. 1302(b)(3), 1399(c)(1)(D), 1441(b)(1).
4. In appendix B, Rate Set 30 is added to Table I, and a new entry
is added to Table II, as set forth below. The introductory text of both
tables is republished for the convenience of the reader and remains
unchanged.
Appendix B to Part 2676--Interest Rates Used To Value Lump Sums and
Annuities
Lump Sum Valuations
In determining the value of interest factors of the form
v0:n (as defined in Sec. 2676.13(b)(1)) for purposes of
applying the formulas set forth in Sec. 2676.13 (b) through (i) and
in determining the value of any interest factor used in valuing
benefits under this subpart to be paid as lump sums, the PBGC shall
use the values of it prescribed in Table I hereof. The interest
rates set forth in Table I shall be used by the PBGC to calculate
benefits payable as lump sum benefits as follows:
(1) For benefits for which the participant or beneficiary is
entitled to be in pay status on the valuation date, the immediate
annuity rate shall apply.
(2) For benefits for which the deferral period is y years (y is
an integer and 0n1), interest rate i1 shall
apply from the valuation date for a period of y years; thereafter
the immediate annuity rate shall apply.
(3) For benefits for which the deferral period is y years (y is
an integer and n1n1+n2), interest rate
i2 shall apply from the valuation date for a period of
y-n1 years, interest rate i1 shall apply for the following
n1 years; thereafter the immediate annuity rate shall apply.
(4) For benefits for which the deferral period is y years (y is
an integer and y>n1+n2), interest rate i3 shall apply
from the valuation date for a period of y-n1-n2 years,
interest rate i2 shall apply for the following n2 years,
interest rate i1 shall apply for the following n1 years;
thereafter the immediate annuity rate shall apply.
Table I
[Lump sum valuations]
----------------------------------------------------------------------------------------------------------------
For plans with a Immediate Deferred annuities (percent)
valuation date annuity -------------------------------------------------------------
Rate set -------------------------- rate
On or after Before (percent) i1 i2 i3 n1 n2
----------------------------------------------------------------------------------------------------------------
* * * * * *
30......... 04-1-96 05-1-96 4.75 4.00 4.00 4.00 7 8
----------------------------------------------------------------------------------------------------------------
Annuity Valuations
In determining the value of interest factors of the form
v0:n (as defined in Sec. 2676.13(b)(1)) for purposes of
applying the formulas set forth in Sec. 2676.13 (b) through (i) and
in determining the value of any interest factor used in valuing
annuity benefits under this subpart, the plan administrator shall
use the values of it prescribed in the table below.
The following table tabulates, for each calendar month of
valuation ending after the effective date of this part, the interest
rates (denoted by i1, i2, * * *, and referred to generally
as it) assumed to be in effect between specified anniversaries
of a valuation date that occurs within that calendar month; those
anniversaries are specified in the columns adjacent to the rates.
The last listed rate is assumed to be in effect after the last
listed anniversary date.
Table II
[Annuity valuations]
----------------------------------------------------------------------------------------------------------------
The values of it are:
For valuation dates occurring in -----------------------------------------------------------------------------
the month-- it for t= it for t= it for t=
----------------------------------------------------------------------------------------------------------------
* * * * * *
April 1996........................ .0580 1-20 .0475 >20 N/A N/A
----------------------------------------------------------------------------------------------------------------
Issued in Washington, DC, on this 11th day of March 1996.
Martin Slate,
Executive Director, Pension Benefit Guaranty Corporation.
[FR Doc. 96-6122 Filed 3-14-96; 8:45 am]
BILLING CODE 7708-01-P
Complete official Federal Register PDF
FR Doc. 96-6116 1986-1990 Conservation Reserve Program
[Federal Register Volume 61, Number 52 (Friday, March 15, 1996)]
[Rules and Regulations]
[Pages 10671-10672]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6116]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 61, No. 52 / Friday, March 15, 1996 / Rules
and Regulations
[[Page 10671]]
DEPARTMENT OF AGRICULTURE
Farm Service Agency
7 CFR Part 704
RIN 0560-AE56
1986-1990 Conservation Reserve Program
AGENCY: Farm Service Agency, USDA.
ACTION: Interim rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: This interim rule amends the program regulations to allow
holders of certain Conservation Reserve Program (CRP) contracts that
expire September 30, 1996, the opportunity to request and receive early
release from contracts or to reduce the amount of acreage subject to
the contracts. The purpose of this action is to enhance the commodity
supply situation for the 1996/97 marketing year. Domestic stocks
relative to use of wheat, feed grains, and oil seeds are expected to be
at extremely low levels for the 1995/96 crop year. For corn, the
expected stocks to use ratio in the 1995/96 crop year is approximately
6 percent while the average stocks to use ratio from 1980 through 1994
was 30 percent. For wheat, the expected stocks to use ratio in the
1995/96 crop year is approximately 16 percent, while the average stocks
to use ratio from 1980 through 1994 was 43 percent. However, the
domestic and export demand for these commodities are expected to remain
strong during the 1996/97 crop year. The action is implemented to allow
acreage that can be brought back into production without adversely
impacting the environment to be released for crop production in 1996.
DATES: Effective Date: Interim rule effective March 15, 1996.
Comments: Comments on all items, except the information collection
requirements, must be received on or before April 15, 1996 in order to
be assured of consideration. Comments on the information collection
requirements must be received on or before May 14, 1996.
ADDRESSES: Comments should be mailed to Cheryl Zavodny, Farm Service
Agency, P.O. Box 2415, Ag Box Code 05l3, Washington, DC 20013-2415;
telephone 202-720-6304. Comments received may be inspected between 9
a.m. and 4 p.m., Monday through Friday, except holidays, in room 4768,
South Agriculture Building, United States Department of Agriculture,
14th Street and Independence Avenue, SW., Washington, DC.
FOR FURTHER INFORMATION CONTACT: Cheryl Zavodny, Conservation and
Environmental Protection Division, FSA, P.O. Box 2415, Room 4768-S,
Washington, DC 20013-2415.
SUPPLEMENTARY INFORMATION:
Executive Order 12866
This interim rule has been determined to be significant and was
reviewed by OMB under Executive Order 12866.
Regulatory Flexibility Act
It has been determined that the Regulatory Flexibility Act is not
applicable to this interim rule because neither FSA nor the Commodity
Credit Corporation (CCC) is required by 5 U.S.C. 553 or any other
provision of law to publish a notice of proposed rulemaking with
respect to the subject matter of this rule.
Environmental Evaluation
It has been determined by an environmental evaluation that this
action will not adversely affect the environmental, historical, social,
or economic resources of the Nation. Therefore, it has been determined
that these actions will not require an Environmental Assessment or an
Environmental Impact Statement.
Executive Order 12372
This program is not subject to the provisions of Executive Order
12372, which require intergovernmental consultation with State and
local officials. See notice related to 7 CFR part 3015, subpart V,
published at 48 FR 29115 (June 24, 1983).
Federal Domestic Assistance Program
The title and number of the Federal Domestic Assistance Program, as
found in the Catalog of Federal Domestic Assistance, to which this rule
applies, is the Conservation Reserve Program--10.069.
Paperwork Reduction Act
Revisions were made to the currently approved information
collection to reflect the Department's January 25, 1996, announcement
regarding early release provisions. Current approval by the Office of
Management and Budget (OMB) is located under control number 0560-0125.
Total public burden hours are based on the assumption that
approximately 10,000 requests will be received for early release in
1996.
Estimate of Burden: Public reporting burden for this collection of
information is estimated to average 30 minutes per response.
Respondents: Owners, operators, and other producers participating
in CRP.
Estimated Number of Respondents: 10,000.
Estimated Number of Responses per Respondent: 1.
Estimated Total Annual Burden on Respondents: 5,000 hours.
Comments are invited on: (a) whether the proposed collection
information is necessary for the proper performance of the functions of
the agency, including whether the information will have practical
utility; (b) the accuracy of the agency's estimate of the burden of the
proposed collection of information including the validity of the
methodology and assumptions used; (c) ways to enhance the quality,
utility, and clarity of the information to be collected; and (d) ways
to minimize the burden of collection of information on those who are to
respond, including through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology. Comments may be sent to Desk
Officer for Agriculture, Office of Information and Regulatory Affairs,
OMB, Washington, D.C., 20503 and to Cheryl Zavodny, Chief, Conservation
Programs Branch, Conservation and Environmental Protection Division,
USDA, FSA, P.O. Box 2415, Ag Box 0513, Washington, D.C., 20013, (202)
720-6304.
Copies of information collection may be obtained from Cheryl
Zavodny, Chief, Conservation Programs Branch, Conservation and
Environmental Protection Division, USDA, FSA, P.O.
[[Page 10672]]
Box 2415, Ag Box 0513, Washington, D.C., 20013, (202) 720-6304.
All responses to this notice will be summarized and included in the
request for OMB approval. All comments will also become a matter of
public record.
Executive Order 12778
This interim rule has been reviewed in accordance with Executive
Order 12778. The provisions of this rule are not retroactive and
preempt State and local laws to the extent such laws are inconsistent
with the provisions of this rule. Before any action may be brought in a
Federal court of competent jurisdiction, the administrative appeal
rights afforded program participants at 7 CFR part 780 must be
exhausted.
Request for Comments
Comments are requested with respect to this interim rule and such
comments shall be considered in developing the final rule.
Background
The current regulations in 7 CFR Part 704 and 7 CFR Part 1410
implemented the CRP, which is authorized by Title XII of the Food
Security Act of 1985, as amended. Contracts due to expire on September
30, 1996, are subject to the regulations found in 7 CFR Part 704.
The intent of the CRP is to permit the CCC to enter into contracts
with owners and operators of highly erodible and certain other cropland
to assist such owners and operators in conserving and improving the
Nation's soil and water resources and wildlife habitat. By entering
into a contract, the owner or operator agreed to implement an approved
conservation plan converting highly erodible cropland normally devoted
to the production of an agricultural commodity to a conserving use and
to a reduction in certain crop acreage bases, allotments, or quotas.
CCC provides (1) funds to support technical assistance by way of a
conservation plan, (2) financial assistance for the costs of
establishing the conservation practices required by the conservation
plan, and (3) annual land rental payments to compensate the owner or
operator for taking the cropland out of production.
The Department has announced that options to extend expiring
contracts will be announced before the early release signup period
begins, so that participants will have all the information to make
their CRP decisions.
Program Changes
The Secretary has determined that in order to enhance the commodity
supply situation for the 1996/97 marketing year, CRP participants with
certain acreage due to expire from CRP on September 30, 1996, may
release all or part of the acreage before the expiration date. This
interim rule provides authority to permit these CRP participants the
option of early termination with an effective date not to exceed
September 30, 1996, on certain acreage under CRP contract in whole or
in part, without penalty or obligation to refund previous payments
issued under the contract, provided the acreage released, if highly
erodible and if farmed, is farmed under an Alternative Conservation
System as determined by the Natural Resources Conservation Service
(NRCS). The conservation plan for such acreage will avoid measures more
restrictive than those of an Alternative Conservation System. If the
acreage is to be hayed or grazed, an approved haying or grazing plan
for the acreage will be developed by NRCS. Under previous early release
regulations, published as an interim rule on May 8, 1995, participants
requesting early release of acreage to be farmed were required to
obtain from NRCS and follow a more restrictive Basic Conservation
System. Crop acreage bases, allotments, and quotas will be reinstated
effective for the 1996 crop year.
CRP contract acreage which is not eligible for early termination
under this rule includes acreage subject to contracts due to expire
after September 30, 1996; acreage with an erodibility index (EI)
greater than 15, as determined by NRCS; acreage within an average of
100 feet of a stream or other permanent waterbody; acreage on which a
CRP easement is filed; and acreage on which there exist the following
practices installed or developed as a result of participation in CRP:
grass waterways, filter strips, shallow water areas for wildlife,
bottomland timber established on wetlands, field windbreaks, and
shelterbelts. Exclusion of these areas will contribute to continued
prevention of soil erosion and protection of water quality and certain
wildlife habitat.
Although CRP participants are not obligated to request early
release from their contracts, all signatories to the CRP contract must
agree to the release. Acreage released under this voluntary opportunity
will not be eligible for subsequent reenrollment. Further, acreage that
is not eligible for early release may not otherwise be removed from the
contract.
Because CRP participants are making planting decisions and wish to
carry out their plans as early as possible, it is necessary that this
regulation be effective upon publication. This action must be effective
immediately to provide participants the opportunity to finalize their
farming plans.
List of Subjects in 7 CFR Part 704
Administrative practices and procedures, Base protection,
Conservation System, Contracts, Environmental indicators, Natural
resources, and Technical assistance.
Accordingly, 7 CFR Part 704 is amended as follows:
PART 704--1986-1990 CONSERVATION RESERVE PROGRAM
1. The authority citation for 7 CFR Part 704 continues to read as
follows:
Authority: 15 U.S.C. 714b and 714c; 16 U.S.C. 3801-3847.
2. Section 704.2 is amended by redesignating paragraphs (a)(12)
through (a)(24) as (a)(13) through (a)(25), respectively, and adding a
new paragraph (a)(12) to read as follows:
Sec. 704.2 Definitions.
(a) * * *
(12) Erodibility index (EI) means the factor calculated by the
Natural Resources Conservation Service (NRCS) of the U.S. Department of
Agriculture which is used to determine the inherent erodibility that a
soil possesses without management by dividing the potential average
annual rate of erosion for each soil by the predetermined soil loss
tolerance (T) value for the soil;
3. In Sec. 704.20, paragraph (a)(4) is amended by revising the
first sentence and by adding a new sentence at the end of the paragraph
to read as follows:
Sec. 704.20 Contract modifications.
(a) * * *
(4) Terminate contracts scheduled to expire on September 30, 1996
prior to the expiration date with an effective date no later than
September 30, 1996, provided the acreage released, if farmed, is farmed
under a conservation system as determined by the Natural Resources
Conservation Service (NRCS) or, if the acreage is to be hayed or
grazed, an approved haying or grazing plan is developed by the NRCS. *
* * In addition, for any land for which an early release is sought, the
land must have an EI of 15 or less.
Signed at Washington, DC, on March 11, 1996.
Bruce R. Weber,
Acting Administrator, Farm Service Agency.
[FR Doc. 96-6116 Filed 3-14-96; 8:45 am]
BILLING CODE 3410-05-P
Complete official Federal Register PDF
FR Doc. 96-6081 Environmental Considerations/Categorical Exclusions
[Federal Register Volume 61, Number 52 (Friday, March 15, 1996)]
[Rules and Regulations]
[Page 10688]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6081]
=======================================================================
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FEDERAL EMERGENCY MANAGEMENT AGENCY
44 CFR Part 10
RIN 3067-AC41
Environmental Considerations/Categorical Exclusions
AGENCY: Federal Emergency Management Agency (FEMA).
ACTION: Correction of final rule.
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SUMMARY: This document corrects the final rule published on Monday,
February 5, 1996 (61 FR 4227). The rule relates to environmental
considerations and exclusions from environmental impact statements or
assessments.
EFFECTIVE DATE: February 5, 1996.
FOR FURTHER INFORMATION CONTACT: Rick Shivar, Office of Policy and
Regional Operations, Federal Emergency Management Agency, 500 C Street
SW., Washington, DC 20472, or telephone (202) 646-3610.
SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
published a final rule on February 5, 1996 that clarified the statutory
exclusions and revised the categorical exclusions that normally would
not require an environmental impact statement or environmental
assessment. As published the final rule omitted the statutory reference
to section 402 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act in revising 44 CFR 10.8(c)(1).
Accordingly, the final rule published as FR Doc. 96-2087 on
February 5, 1996 61 FR 4227, is corrected as follows:
On page 4230, in the third column, Sec. 10.8(c)(1) is corrected to
read as follows:
Sec. 10.8 Determination of requirement for environmental review.
* * * * *
(c) * * *
(1) Action taken or assistance provided under sections 402, 403,
407, or 502 of the Stafford Act; and
* * * * *
Dated: March 7, 1996.
Harvey G. Ryland,
Deputy Director.
[FR Doc. 96-6081 Filed 3-14-96; 8:45 am]
BILLING CODE 6718-01-P
Complete official Federal Register PDF
FR Doc. 96-5853 Airworthiness Directives; General Electric Company CF6 Series Turbofan Engines
[Federal Register Volume 61, Number 52 (Friday, March 15, 1996)]
[Rules and Regulations]
[Pages 10672-10673]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5853]
=======================================================================
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[[Page 10673]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 94-ANE-41; Amendment 39-9347; AD 95-17-16]
Airworthiness Directives; General Electric Company CF6 Series
Turbofan Engines
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; correction.
-----------------------------------------------------------------------
SUMMARY: This document makes a correction to Airworthiness Directive
(AD) 95-17-16 applicable to General Electric Company (GE) CF6-80A
series turbofan engines that was published in the Federal Register on
August 20, 1995 (60 FR 46760). A compressor rear frame (CRF) part
number (P/N) in the compliance section is incorrect. This document
corrects that P/N. In all other respects, the original document remains
the same.
DATES: Effective March 15, 1996.
SUPPLEMENTARY INFORMATION: A final rule airworthiness directive
applicable to General Electric Company (GE) CF6-80A series turbofan
engines, was published in the Federal Register on August 20, 1995 (60
FR 46760). The following correction is needed:
On page 46761, in the second column, in the Compliance Section, in
paragraph (a), ``7283M77G15'' should read ``9283M77G15.'' Issued in
Burlington, MA, on February 14, 1996.
Jay J. Pardee,
Manager, Engine and Propeller Directorate, Aircraft Certification
Service.
[FR Doc. 96-5853 Filed 3-14-96; 8:45 am]
BILLING CODE 4910-13-U
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