issue-1996-02-02•Federal Register final rules — 1996-02-02
Federal Register final rules — 1996-02-02
issue-1996-02-02Federal Register final rules — 1996-02-02Regulation
Published Federal Register documents, not public-inspection drafts. The GPO XML/text rendition is a research aid; the linked complete official PDF retains the printed layout and all graphics. Graphics are retained in that PDF and are not independently reproduced in this text rendition. Publication does not establish that every provision remains legally in force.
FR Doc. 96-2324 Wireless Telecommunications Services; Private Land Mobile Radio Service
[Federal Register Volume 61, Number 23 (Friday, February 2, 1996)]
[Rules and Regulations]
[Pages 3840-3846]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2324]
=======================================================================
-----------------------------------------------------------------------
[[Page 3841]]
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 90
[PR Docket No. 89-552, GN Docket No. 93-252; FCC 96-27]
Wireless Telecommunications Services; Private Land Mobile Radio
Service
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Commission adopts a procedure that will enable 220 MHz
licensees to modify their licenses to relocate their authorized base
stations at currently unauthorized locations. The Commission also
extends the current February 2, 1996, construction deadline to March
11, 1996, for all non-nationwide 220 MHz licensees that elect to
construct their base station at their currently authorized location,
and to August 15, 1996, for all licensees granted authority to modify
their licenses to relocate their base station. The action adopted in
this Second Report and Order is needed to provide existing 220 MHz
licensees with the flexibility they need to complete construction of
their systems and provide service. This Second Report and Order
contains proposed or modified information collections subject to the
Paperwork Reduction Act of 1995 (PRA). It has been submitted to the
Office of Management and Budget (OMB) for review under the PRA. OMB,
the general public, and other Federal agencies are invited to comment
on the proposed or modified information collections contained in this
proceeding.
EFFECTIVE DATE: The extensions of the construction deadline is
effective January 26, 1996. The rule amendmentes are effective March 4,
1996. Letters of intent and modification applications may be filed
after March 4, 1996. Written comments by the public on the proposed
and/or modified information collections are due by February 23, 1996.
Written comments must be submitted by the Office of Management and
Budget (OMB) on the proposed and/or modified information collections on
or before March 1, 1996.
ADDRESSES: In addition to filing comments with the Secretary, a copy of
any comments on the information collections contained herein should be
submitted to Dorothy Conway, Federal Communications Commission, Room
234, 1919 M Street, N.W., Washington, DC 20554, or via the Internet to
[email protected], and to Timothy Fain, OMB Desk Officer, 10236 NEOB, 725
17th Street, N.W., Washington, DC 20503 or via the Internet to fain_
[email protected].
FOR FURTHER INFORMATION CONTACT: Marty Liebman, 202-418-1310, or Mary
Woytek, 202-418-1066. For additional information concerning the
information collections contained in this Second Report and Order
contact Dorothy Conway at 202-418-0217, or via the Internet at
[email protected].
SUPPLEMENTARY INFORMATION: This is a synopsis of the Second Report and
Order in PR Docket No. 89-552 and GN Docket No. 93-252, FCC 96-27,
adopted January 26, 1996, and released January 26, 1996. The complete
text of this Second Report and Order is available for inspection and
copying during normal business hours in the FCC Reference Center (Room
239), 1919 M Street, N.W., Washington, D.C., and also may be purchased
from the Commission's copy contractor, International Transcription
Service, at (202) 857-3800, 2100 M Street, N.W., Suite 140, Washington,
D.C. 20037.
Synopsis of the Second Report and Order
The Commission adopts a procedure that will enable 220 MHz
licensees to modify their licenses to relocate their authorized base
stations to currently unauthorized locations. Under this procedure,
licensees with base stations authorized inside any Designated Filing
Area (DFA) will be permitted to relocate their base stations up to one-
half the distance over 120 kilometers (km) toward any authorized co-
channel base station, to a maximum distance of 8 km. Licensees with
base stations authorized outside the boundaries of any DFA will be
permitted to relocate their base stations up to one-half the distance
over 120 km toward any authorized co-channel base station, to a maximum
distance of 25 km, so long as they do not locate their base station
more than 8 km inside the boundaries of any DFA. A licensee will be
permitted to relocate its base station less than 120 km from the base
station of a co-channel licensee or more than one-half the distance
over 120 km toward the base station of a co-channel licensee only with
the consent of that licensee.
The Commission also extends the current February 2, 1996,
construction deadline to March 11, 1996, for all non-nationwide 220 MHz
licensees that elect to construct their base station at their currently
authorized location, and to August 15, 1996, for all licensees granted
authority to modify their licenses to relocate their base stations.
Licensees seeking authority to modify their authorizations to relocate
their base stations may file, by March 11, 1996, a statement of their
intention to file an application requesting such modification, and will
be required to file a modification application by no later than May 1,
1996. The Commission believes that the procedures adopted in this Order
will provide existing 220 MHz licensees flexibility to complete
construction of their systems and provide service. At the same time,
the Commission believes its decision will not unreasonably impair the
opportunity of potential licensees to obtain licenses in the 220 MHz
service.
The Commission began accepting applications for 220 MHz licenses on
May 1, 1991, and on May 24, 1991, after receiving over 59,000
applications, imposed a freeze on the filing of all initial and
modification applications for the 220 MHz service--a freeze that
remains in effect today. Since then, the Commission has issued
authorizations to approximately 3,800 licensees to operate ``non-
nationwide'' 220 MHz stations. A number of 220 MHz licensees have asked
to be permitted to file modification applications to relocate their
stations to currently unauthorized sites. In response, the Commission
released, on August 29, 1995, the Fourth Notice of Proposed Rulemaking
in this proceeding (Fourth NPRM), 60 FR 46566, September 7, 1995)
proposing a procedure to enable existing licensees in the 220 MHz
service to seek modification of their authorizations to relocate their
base stations.
While the Commission is ordinarily reluctant to open a ``license
modification only'' filing window, where the applications of initial
applicants would not be accepted, it recognizes that the 220 MHz
service is unique. Evans v. Federal Communications Commission, Order,
per curiam, Case No. 92-1317 (D.C. Cir. March 18, 1994), effectively
placed all of the more than 3,000 authorizations the Commission granted
in the 220 MHz service in doubt for nearly a two-year period, and
caused many licensees to refrain from constructing their stations.
Following the settlement of the case, the deadline for licensees to
construct their systems and place them in operation was extended on
four separate occasions to allow licensees sufficient time to construct
their systems. However, with several years having passed since 220 MHz
licensees filed their applications, many licensees have found that, for
various reasons, they are unable to construct at their authorized
locations. In light of these circumstances, the Commission is adopting
a modification
[[Page 3842]]
procedure which will provide these licensees an opportunity to
construct their radio stations and offer mobile communications service
to the public. The Commission believes that this modification procedure
will also increase the number of potential users of the 5 kHz
narrowband radio equipment and thus help to promote the development and
implementation of this spectrally efficient technology.
The Commission will afford non-nationwide 220 MHz licensees the
opportunity to relocate their authorized base stations by filing
modification applications under the following procedure:
(1) A licensee with an authorized base station located in a DFA
will be permitted to relocate its base station up to one-half the
distance over 120 km toward any co-channel licensee's initially
authorized base station, to a maximum distance of 8 km.
(2) A licensee with an authorized base station not located in a DFA
may relocate its base station up to one-half the distance over 120 km
toward any co-channel licensee's initially authorized base station, to
a maximum distance of 25 km, so long as it does not locate its base
station more than 8 km inside of any DFA (i.e., not more than 8 km from
the nearest DFA boundary line).
(3) The application of a licensee proposing a modification to
relocate its base station at least 120 km from each co-channel
licensee's initially authorized base station but more than one-half the
distance over 120 km toward the base station of a co-channel licensee
will be accepted by the Commission only with the consent of that co-
channel licensee, as evidenced in a letter submitted concurrently with
the modification application.
(4) The application of a licensee proposing a modification
resulting in less than 120 km separation from a co-channel licensee's
initially authorized base station will be accepted by the Commission
only with the consent of that co-channel licensee, as evidenced in a
letter submitted concurrently with the modification application.
(5) Any modification application that does not meet these standards
will be considered defective and dismissed.
All licensees applying for modification of their authorization must
also ensure that they comply with all applicable technical and
operational rules (e.g., Section 90.723(d) and Section 90.729 of the
Commission's Rules).
While the Commission believes that this decision will accommodate
the needs of most 220 MHz licensees to relocate their base stations, we
recognize that in certain areas of the Nation it is possible that the
technical characteristics of base station sites available under our
relocation procedure may be considerably inferior to the technical
characteristics of currently licensed sites and sites that may exist at
nearby, more elevated locations. Because of their unique terrain
features, the Commission has historically treated licensees authorized
to serve these areas differently than licensees authorized elsewhere in
the Nation. The Commission therefore believes that it would be
appropriate to entertain waiver requests by licensees authorized in any
urban areas with such unique terrain features, to relocate their
stations to sites at higher elevations that may be situated more than 8
km (or 25 km, for licensees authorized outside DFAs) from their
authorized location. A licensee seeking such a waiver of Section 90.753
of the Commission's Rules must provide: (1) A showing that the terrain
in question does, in fact, present unique technical and operational
problems; and (2) a technical analysis demonstrating that in relocating
its base station to its desired location at a higher elevation, the
licensee will provide service to substantially the same geographic area
it was authorized to serve pursuant to its initial application.
The Commission notes that there are five groups of applications
(totalling 34 applications) that were filed on the last day 220 MHz
applications were accepted in May 1991, and that remain pending before
the Commission. These applications are mutually exclusive with one
another and, in each of the five groups, the applicants have requested
the same base station locations. How these 34 applications are to be
ultimately processed is a matter raised in the context of the Third
Notice of Proposed Rulemaking (Third NPRM) in this Docket (60 FR 46564,
September 17, 1995). Prior to reaching decisions in that proceeding,
the Commission will not take any action in this Second R&O that would
affect the rights of these applicants, either positively or negatively,
to be licensed or, once licensed, to take advantage of the relocation
options being afforded to other existing 220 MHz licensees. The
Commission's analysis indicates that if we were to allow certain
existing 220 MHz licensees, located between 120 km and 170 km from one
of the five base station locations, to relocate under the modification
procedure as though these pending applications did not exist, the
licensees granted licenses at these locations, once authorized, would
not be able to relocate their base stations under the procedure. The
Commission will therefore require the following licensees to ensure
that, in seeking relocation of their base stations pursuant to this
Second R&O, they comply with our modification procedure by protecting a
possible co-channel station at the following locations.
The following licensees must protect a possible co-channel licensee
at coordinates N 30.5221, W 083.2036:
Licensee (Call Sign) Distance to Coordinates (km)
WPCB732..........................................................163.87
WPCW990..........................................................163.87
The following licensees must protect a possible co-channel licensee
at coordinates N 36.3628, W 121.0951:
Licensee (Call Sign) Distance to Coordinates (km)
WPCY266..........................................................140.77
WPCA288..........................................................140.77
WPCV737..........................................................140.90
WPCX490..........................................................140.77
WPCW812..........................................................140.90
WPCX487..........................................................140.77
WPBU519..........................................................140.77
WPBZ605..........................................................154.53
WPCW456..........................................................154.53
WPCX473..........................................................163.16
WPCY621..........................................................123.67
WPCK365..........................................................123.67
WPCR214..........................................................123.67
WPCX477..........................................................165.01
WPCW482..........................................................156.40
WPCJ969..........................................................168.09
WPCX469..........................................................157.27
The following licensees must protect a possible co-channel licensee
at coordinates N 42.1551, W 089.0155:
Licensee (Call Sign) Distance to Coordinates (km)
WPBU711..........................................................123.19
WPCM336..........................................................123.19
WPCX791..........................................................123.19
WPCD923..........................................................123.45
WPCA452..........................................................120.23
WPCT282..........................................................126.45
WPCK616..........................................................130.69
WPCA720..........................................................125.51
WPCA717..........................................................125.51
WPCA301..........................................................152.08
WPDG617..........................................................143.76
WPCV785..........................................................152.08
WPDH432..........................................................143.76
WPCB933..........................................................143.76
WPDR932..........................................................123.19
The following licensees must protect a possible co-channel licensee
at coordinates N 33.2753, W 080.5642:
Licensee (Call Sign) Distance to Coordinates (km)
WPCC592..........................................................126.82
WPCQ606..........................................................126.82
WPBR454..........................................................137.48
[[Page 3843]]
.......................................................................
WPCK496..........................................................158.29
WPCP569..........................................................158.29
WPDG323..........................................................163.37
The following licensees must protect a possible co-channel licensee
at coordinates N 35.0658, W 078.5558:
Licensee (Call Sign) Distance to Coordinates (km)
WPCD332..........................................................138.40
WPCV776..........................................................136.08
WPCW524..........................................................131.16
Licensees with authorized base stations identified above as being
located more than 136 km from a protected base station site and located
in a DFA are still restricted to relocations of no greater than 8 km.
The Second R&O next determines that licensees with Special
Temporary Authority (STA) to operate base stations at alternative
locations, who certify, in accordance with this Second R&O that it has
constructed its base station and has placed it in operation, or
commenced service at that site by the adoption date of this decision,
will be permitted to seek permanent authorization at the site, in
accordance with the procedures for filing modification applications
established the full text of this Second R&O, regardless of whether
locating at its STA site is in strict conformance with the relocation
distance limitations prescribed in the Commission's modification
procedure.
For the same reasons, the Commission will provide similar relief to
licensees that are in the process of constructing their base station at
their STA site. Such licensees will be permitted to seek permanent
authorization at their STA site, in accordance with the procedures for
filing modification applications established in the full text of this
Second R&O, regardless of whether locating their station at its STA
site is in strict conformance with the relocation distance limitations
prescribed in our modification procedure, if they certify that they had
taken delivery of their base station transceiver on or before the
adoption date of this decision. A licensee seeking permanent
authorization at its STA site under either of these conditions must
ensure that it complies with all applicable technical and operational
rules (e.g., Section 90.723 and Section 90.729 of the Commission's
Rules).
The current deadline for non-nationwide 220 MHz licensees to
construct and operate their base station is February 2, 1996. With the
adoption and release of this Second R&O occurring close to this
February date, the Commission believes that it is appropriate to give
licensees sufficient time to decide whether they want to relocate their
base station under our modification procedure, and then to construct
their base station and begin operation. The Commission will therefore
extend the construction deadline for all non-nationwide 220 MHz
licensees that intend to construct their base station at their
currently authorized location to March 11, 1996. For licensees that
elect to modify their authorization to relocate their base station, the
deadline shall be August 15, 1996.
The Commission will begin to accept modification applications from
licensees seeking to relocate their base stations 30 days after
publication of the summary of this Second R&O in the Federal Register.
The deadline for filing modification applications will be May 1, 1996.
If a licensee does not construct its base station and place it in
operation, or commence service, at its currently authorized location on
or before March 11, 1996, and, instead, chooses to seek modification of
its authorization to relocate its base station, it must inform the
Commission on or before March 11, 1996, of its intention to seek a
license modification. Otherwise its authorization will cancel
automatically at the close of March 11, 1996. Because the Commission
recognizes that the relatively short time period between the release of
this Second R&O and the March 11, 1996 date may not be sufficient to
enable licensees to evaluate the decisions reached in this Second R&O,
acquire an alternative base station site, and perform the necessary
technical analysis needed to file a modification application, the
Commission will permit licensees to submit a letter during the period
beginning 30 days after publication of the summary of this Second R&O
in the Federal Register, but no later than March 11, 1996, certifying
to the Commission their intent to file an application to modify their
authorization to relocate their base station. This letter will serve to
extend a licensee's authorization past March 11, 1996, even if the
licensee has not yet identified and secured an alternate site. The
Commission will then allow licensees to file their modification
applications requesting relocation of their base station any time after
this date, but no later than May 1, 1996. If a licensee files a letter
indicating its intent to file a modification application and does not
file such an application on or before May 1, 1996, the licensee's
existing authorization will cancel automatically unless the licensee
had constructed its base station at its initially authorized location
and placed it in operation, or commenced service, on or before March
11, 1996. To ensure that licensees are provided an adequate
construction period, the Commission will extend the deadline for a
licensee to construct its station and place it in operation, or
commence service, beyond August 15, 1996, by the number of days after
June 1, 1996, that pass before a licensee's timely filed modification
application is actually granted.
If a licensee elects to construct its base station and place it in
operation, or commence service, at its initially authorized location on
or before March 11, 1996, and also seeks to modify its authorization to
relocate the station, its construction deadline will be considered to
be met if it constructs its base station and places it in operation, or
commences service, on or before March 11, 1996, and it will be given
until August 15, 1996, to construct and place in operation its base
station, or commence service, at its new station location. If the
application for modification of any licensee seeking relocation of its
base station is denied for any reason, that licensee's existing
authorization will cancel automatically unless the licensee has
constructed its base station at its initially authorized location and
placed it in operation, or commenced service, by March 11, 1996.
The application of a licensee seeking relocation of its base
station should include the following:
(1) A Form 600 requesting station modification, and providing all
applicable information.
(2) Certification that the location of the proposed base station is
in conformance with the modification procedures adopted in this
proceeding, or a letter evidencing consent of a co-channel licensee
that the licensee may be authorized less than 120 km from the co-
channel licensee or more than one-half the distance over 120 km toward
the base station of a co-channel licensee.
(3) For licensees with STAs (if applicable, and as provided in the
Second Report and Order), certification that (a) the licensee has
constructed its base station and placed it in operation, or commenced
service, at its STA site on or before the adoption date of this Second
R&O; or (b) the licensee had taken delivery of its base station
transceiver on or before the adoption date of this Second R&O.
(4) Certification that the licensee has constructed its base
station and placed it in operation, or commenced service, at its
initially authorized location on or before March 11, 1996 (if
applicable).
[[Page 3844]]
The Second R&O considers the issue of meeting the construction and
operation requirement, and determines that ``grandfathered'' CMRS
licensees and PMRS licensees would be required to meet their ``placed
in operation'' requirement by satisfying the provisions of Section
90.155 of the Commission Rules and all ``non-grandfathered'' CMRS
licensees would be required to meet the ``commencement of service''
requirement as provided under Section 90.167 of the Commission's Rules.
However, to eliminate any confusion on the part of 220 MHz licensees as
to which station construction and operation requirement they must
follow, the Commission will allow all 220 MHz licensees to meet their
applicable deadline (i.e., March 11, 1996, for licensees constructing
their base station at their initially authorized location, and August
15, 1996, for licensees granted license modification to relocate their
base station) by constructing their base station and satisfying either
the ``placed in operation'' provisions of Section 90.155 or the
``commencement of service'' provisions of Section 90.167.
Fred Daniel d/b/a Orion Telecom (Orion) asks that the Commission
modify Section 90.723(d) of the Rules to require that base station
transmitters utilizing channels assigned from Sub-Band A be
geographically separated from AMTS base station receivers utilizing
channels within 200 kHz of the Sub-Band A channel. The Commission does
not believe that the current record is adequate to determine the merits
of Orion's request, and finds it would be more appropriate to consider
it as part of a separate proceeding. The Commission invites Orion to
submit its request for relief in the form of a Petition for Rulemaking.
Finally, in the Third NPRM, the Commission extended the
construction deadline for Phase I 220 MHz licensees located within Line
A of the Canadian border until 12 months after the signing of an
agreement with Canada on the sharing of 220-222 MHz channels near the
border. Since the Commission did not amend the appropriate rules at the
time of the adoption of the Third NPRM, we will take the opportunity to
do so in this proceeding.
Procedural Matters; Ordering Clauses
Final Regulatory Flexibility Analysis.
Pursuant to the Regulatory Flexibility Act of 1980, 5 U.S.C. 605,
it is certified that this decision will have an impact on small 220 MHz
operators. As detailed in the full text of the Second Report and Order,
the actions taken in this decision were initiated in response to
requests by 220 MHz licensees to establish a flexible license
modification procedure that will end a freeze on the acceptance of
modification applications and will give existing 220 MHz licensees the
ability to relocate their authorized base stations to currently
unauthorized sites. This action will enhance the competitive potential
of 220 MHz services in the commercial radio service marketplace. The
Commission believes the alternative adopted in this decision represents
the best balance of providing licensees, many of whom may be considered
small businesses, with the most flexibility and the least regulatory
burden possible. The full text of the Commission's final regulatory
flexibility analysis may be found in Appendix B of the full text of
this Second R&O.
Paperwork Reduction Act
This Second Report and Order contains either a proposed or modified
information collection. The Commission, as part of its continuing
effort to reduce paperwork burdens, invites the general public and the
Office of Management and Budget (OMB) to comment on the information
collections contained in this Second Report and Order, as required by
the Paperwork Reduction Act of 1995, Pub. L. No. 104-13. Public and
agency comments are due February 23, 1996; OMB comments are due March
1, 1996. Comments should address: (a) whether the proposed collection
of information is necessary for the proper performance of the functions
of the Commission, including whether the information shall have
practical utility; (b) the accuracy of the Commission's burden
estimates; (c) ways to enhance the quality, utility, and clarity of the
information collected; and (d) ways to minimize the burden of the
collection of information on the respondents, including the use of
automated collection techniques or other forms of information
technology.
OMB Approval Number: __________
Title: Private Land Mobile Radio Services Part 90.
Form No.: __________
Type of Review: New collection.
Respondents: 220 MHz licensees seeking to modify their
authorizations to relocate their base stations.
Number of Respondents: 500.
Estimated Time Per Response: 3.8 hours.
Total Annual Burden: 1,900.
Needs and Uses: The information collected will be used by the
Commission to verify licensee compliance with Commission rules and
regulations, to ensure the integrity of the 220 MHz service and to
ensure that licensees continue to fulfill their statutory
responsibilities in accordance with the Communications Act of 1934.
It is ordered that the Final Regulatory Flexibility Analysis, as
required by Section 604 of the Regulatory Flexibility Act, and as set
forth in Appendix B of the full text of this decision, is adopted.
It is further ordered that pursuant to the authority of Sections
4(i), 303(d), 303(r) and 332 of the Communications Act of 1934, as
amended, 47 U.S.C. Secs. 154(i), 303 (d), 303(r) and 332, Part 90 of
the Commission's Rules, 47 CFR Part 90, is amended as set forth below
effective 30 days after publication of the summary of this Second
Report and Order in the Federal Register.
It is further ordered that non-nationwide 220 MHz licensees may
file a letter with the Acting Secretary of the Commission indicating
their intent to file an application to modify their authorizations to
relocate their base stations 30 days after publication of the summary
of this Second Report and Order in the Federal Register, but no later
than March 11, 1996.
It is further ordered that non-nationwide 220 MHz licensees may
file applications to modify their authorizations to relocate their base
stations 30 days after publication of the summary of this Second Report
and Order in the Federal Register, but no later than May 1, 1996.
It is further ordered that the deadline for non-nationwide 220 MHz
licensees to construct their base station and place it in operation, or
commence service, is extended from February 2, 1996, to March 11, 1996,
and that the effective date of this extension is the adoption date of
this Second Report and Order. The current deadline for non-nationwide
220 MHz licensees to construct and operate their base stations is
February 2, 1996. With the adoption and release of the Second Report
and Order occurring within 30 days of that date, there is good cause to
order this rule change to take effect upon the adoption of this Second
Report and Order.
It is further ordered that non-nationwide 220 MHz licensees that
file a modification application on or before March 11, 1996, or a
letter in accordance with this Order indicating an intent to modify
their authorization to relocate their base station shall be granted an
extension of the deadline to construct their base station and place it
in operation, or commence service, until August 15, 1996, if the
modification application is ultimately granted.
It is further ordered that the request by the American Mobile
Telecommunications Association to
[[Page 3845]]
extend the current February 2, 1996, deadline for non-nationwide 220
MHz licensees to construct their stations and place them in operation
to a date 120 days after the effective date of this Second R&O is
denied.
It is further ordered that the Acting Secretary shall transmit a
copy of this Second Report and Order to the Chief Counsel for Advocacy
of the Small Business Administration.
List of Subjects in 47 CFR Part 90
Radio.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
Revisions to Commission Rules
47 CFR Part 90 is amended as follows:
PART 90--PRIVATE LAND MOBILE RADIO SERVICES
1. The authority citation for Part 90 continues to read as follows:
Authority: 47 U.S.C. 154, 303, and 332, unless otherwise noted.
2. Section 90.723(f) is revised to read as follows:
Sec. 90.723 Selection and assignment of frequencies.
* * * * *
(f) Except for nationwide assignments, the separation of co-channel
base stations shall be 120 kilometers. Except for licensees seeking
license modification in accordance with the provisions of Sections
90.751 and 90.753, shorter separations will be considered on a case-by-
case basis upon submission of a technical analysis indicating that at
least 10 dB protection will be provided to an existing station's 38 dBu
signal level contour.
3. Section 90.751 is added to read as follows:
Sec. 90.751 Minor modifications of non-nationwide licenses.
Licensees granted non-nationwide authorizations from among
applications filed on or before May 24, 1991 (Phase I licensees) will
be given an opportunity to seek modification of their license to
relocate their initially authorized base station, i.e., locate their
base station at a site other than its initially authorized location.
The conditions under which modifications will be granted and the
procedures for applying for license modifications are described in
Sections 90.753, 90.755, and 90.757. For CMRS licensees, these
modifications will be treated as minor modifications in accordance with
Section 90.164.
4. Section 90.753 is added to read as follows:
Sec. 90.753 Conditions of license modification.
(a) Except as provided in paragraphs (b), and (c) of this section,
a Phase I non nationwide licensee may modify its authorization to
relocate its authorized base station up to one-half the distance over
120 km toward any co-channel licensee's initially authorized base
station, to a maximum distance of 8 km.
(b) A Phase I non-nationwide licensee with an authorized base
station located outside a Designated Filing Area (DFA) (see Public
Notice, DA 86-173, 52 FR 1302 (January 12, 1987)) may modify its
authorization to relocate its authorized base station up to one-half
the distance over 120 km toward any co-channel licensee's initially
authorized base station, to a maximum distance of 25 km, so long as the
base station is relocated no more than 8 km inside of any DFA (i.e., no
more than 8 km from the nearest DFA boundary line).
(c) A Phase I non-nationwide licensee that has been granted Special
Temporary Authority (STA) to operate at an alternative base station
location may modify its authorization to seek permanent authorization
at that location, regardless of whether locating the station at the STA
site is in strict conformance with the provisions of paragraphs (a) and
(b) of this section, if the licensee certifies that such a modification
is in conformance with Sections 90.723 and 90.729 and:
(1) It has constructed its base station and has placed it in
operation, or commenced service, at the STA site on or before January
26, 1996; or
(2) It has taken delivery of its base station transceiver on or
before January 26, 1996.
(d) The application of a Phase I non-nationwide licensee proposing
a base station modification resulting in less than 120 km separation
from a co-channel licensee's initially authorized base station will be
accepted by the Commission only with the consent of that co-channel
licensee, as evidenced in a letter submitted concurrently with the
licensee's application.
(e) The application of a Phase I non-nationwide licensee proposing
a base station modification resulting in at least a 120 km separation
from each co-channel licensee's initially authorized base station but
more than one-half the distance over 120 km toward any co-channel
licensee's initially authorized base station will be accepted by the
Commission only with the consent of that co-channel licensee, as
evidenced in a letter submitted concurrently with the licensee's
application.
5. Section 90.755 is added to read as follows:
Sec. 90.755 Procedures for License Modification.
(a) A Phase I non-nationwide licensee seeking modification of its
authorization to relocate its authorized base station in accordance
with the provisions of Section 90.753 must file the following on or
before May 1, 1996:
(1) Form 600 requesting license modification, and providing all
applicable information;
(2) Certification that the location of its proposed base station is
in conformance with the provisions of Section 90.753, or, as provided
in Section 90.753(d), a letter evidencing consent of a co-channel
licensee that the licensee may be authorized less than 120 km from the
co-channel licensee;
(3) If applicable, the required certification by a licensee with a
Special Temporary Authority, in accordance with Section 90.753(c);
(4) If applicable, certification that the licensee has constructed
its base station and placed it in operation, or commenced service, at
its initially authorized location on or before March 11, 1996.
(b) A licensee seeking modification of its authorization to
relocate its base station in accordance with the provisions of Section
90.753, should file, on or before March 11, 1996, either a modification
application, as provided in paragraph (a) of this section, or a letter
certifying to the Commission its intent to file an application to
modify its authorization to relocate its base station. For a licensee
that has not constructed its authorized base station and placed it in
operation, or commenced service, by March 11, 1996, this filing will
serve to extend the licensee's construction requirement in accordance
with the provisions of Section 90.757.
6. Section 90.757 is added to read as follows:
Sec. 90.757 Construction requirements.
(a) Except as provided in paragraph (b) of this section, a Phase I
non-nationwide licensee that is granted modification of its
authorization to relocate its base station must construct its base
station and place it in operation, or commence service, on all
authorized channels on or before August 15, 1996, or within 12 months
of initial grant date, whichever is later. The authorization of a
licensee that does not construct its base station and place it in
operation, or commence service, by this date, cancels automatically and
must be returned to the Commission.
(b) A Phase I non-nationwide licensee with a base station
authorized at a location north of Line A must construct its base
station and place it in operation,
[[Page 3846]]
or commence service, on all authorized channels within 12 months of
initial grant date, or within 12 months of the date of the release of
the terms of an agreement between the United States and Canadian
governments on the sharing of 220-222 MHz spectrum between the two
countries, whichever is later. The authorization of a licensee that
does not construct its base station and place it in operation, or
commence service, by this date, cancels automatically and must be
returned to the Commission.
[FR Doc. 96-2324 Filed 2-1-96; 8:45 am]
BILLING CODE 6712-01-P
Complete official Federal Register PDF
FR Doc. 96-2261 Guides for the Hosiery Industry
[Federal Register Volume 61, Number 23 (Friday, February 2, 1996)]
[Rules and Regulations]
[Pages 3799-3800]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2261]
=======================================================================
-----------------------------------------------------------------------
FEDERAL TRADE COMMISSION
16 CFR Part 22
Guides for the Hosiery Industry
AGENCY: Federal Trade Commission.
ACTION: Rescission of the guides for the hosiery industry.
-----------------------------------------------------------------------
SUMMARY: The Federal Trade Commission (the ``Commission''), as part of
its periodic review of all its guides and rules, announces that it has
concluded a review of its Guides for the Hosiery Industry (``Guides''
or ``Hosiery Guides''). The Commission has decided to rescind the
Guides.
EFFECTIVE DATE: February 2, 1996.
FOR FURTHER INFORMATION CONTACT: Ann Stahl Guler, Investigator, Federal
Trade Commission, Los Angeles Regional Office, 11000 Wilshire Blvd.,
Suite 13209, Los Angeles, CA 90024, (310) 235-7890.
SUPPLEMENTARY INFORMATION:
I. Background
The Hosiery Guides were issued by the Commission in 1979.\1\ The
Guides concerned deceptive advertising and marketing of all hosiery
industry products, including stockings and socks that are marketed to
men, women, and children. Specifically, the Guides proscribed
misrepresentations as to the grade, character, construction, origin,
denier, size, style, fashion, gauge, twist of yarn, quality, quantity,
value, price, serviceability, resistance to snagging or the development
of runs, holes or breaks in the in fabric, strength, stretch, length,
color, finish, manufacture, or distribution of any hosiery product. The
Hosiery Guides also delineated the use of the terms ``lisle,''
``irregulars,'' and ``seconds'' as they apply to hosiery.
\1\ The Guides were originally issued as Trade Practice Rules.
The Commission reissued them as guides in 1979 when it rescinded all
Trade Practice Rules. Industry guides are administrative
interpretations of laws administered by the Commission for the
guidance of the public in conducting its affairs in conformity with
legal requirements. 16 CFR 1.5.
---------------------------------------------------------------------------
On April 15, 1994, the Commission published a Notice in the Federal
Register soliciting comment on the Hosiery Guides.\2\ Specifically, the
Commission solicited comments on six questions pertaining to the costs
and benefits of the guides and their regulatory and economic effect.
The initial closing date for comments was June 14, 1994. The Commission
subsequently extended the comment period until July 14, 1994. The
Commission received 52 comments in response to the Notice. They are
discussed in Part II below.
\2\ 59 FR 18004.
---------------------------------------------------------------------------
II. Comments Received
The Commission received comments from 18 individuals, all of whom
focused on three issues related to women's history: fit, durability,
and the need for labels in pantyhose. Several commenters complained
that pantyhose wear out too quickly; others stated that pantyhose
either are ill-fitting or that their packaging reflects incorrect
sizes. Eight of the commenters asked the Commission to require that
labels be sewn in pantyhose. Three of the individual commenters praised
the quality of hosiery currently available to American consumers, and
supported retention of the Hosiery Guides.
One government official submitted two comments. Lydia Justice
Edwards, State Treasurer of Idaho, asked the Commission in her first
comment to expand the Hosiery Guides to mandate labeling on hosiery
packages. The State Treasurer submitted a proposed specification chart
listing such characteristics as the fiber and weight of the fabric, as
well as the type of stitch used. She also proposed that the Commission
develop a rating system that would enable purchasers to evaluate and
compare among brands such characteristics as resistance to runs and
snags, elasticity, and durability. Ms. Edwards further suggested that
the Commission develop a uniform sizing method that all hosiery
manufacturers would be required to use. Her first comment also
recommended that manufacturers be required to provide a means for
consumers to examine and touch hosiery before making a purchase
decision. The State Treasurer's second comment proposed that the
Commission mandate for every hosiery product a ``statement of
guarantee'' that the product is in perfect condition and meets a
minimum quality standard.
The Crafted With Pride in the U.S.A. Council, Inc. urged the
Commission not to modify current labeling requirements relating to
country of origin.
Twenty-nine comments were received from individual hosiery
manufacturers. The National Association of Hosiery Manufacturers (NAHM)
and the American Textile Manufacturers Institute (ATMI) also submitted
comments. All of the industry commenters supported the continuation of
the Guides. The NAHM and its members stated that the guides provide a
sound set of principles for the advertising and marketing of hosiery
products, and ensure that consumers are provided with fair and accurate
information. The ATMI commented that the guides are beneficial to the
industry because they provide information on deceptive practices,
definitions of hosiery and product classes, labeling information, and
product sizing guidance.
The NAHM and 14 hosiery firms recommended that the Guides'
definition of ``Industry Products'' be amended to include ``tights''
and to delete ``anklets.'' The NAHM and its members also requested that
the FTC include in the Guides a definition of the terms ``non-run,''
``no-run,'' and ``run-resistant'' that were contained in a Commission
decision dismissing a complaint against Holeproof Hosiery Company.\3\
\3\ 47 F.T.C. 1668 (1951).
---------------------------------------------------------------------------
III. Conclusion
Although the comments submitted to the Commission supported
retaining the Guides, they did not clearly demonstrate why the hosiery
industry in particular needs special Commission guidance in the
advertising or sale of its products. In this regard, the Commission
notes that hosiery products are covered by its Textile Rules \4\ and
Care Labeling Rule.\5\ The Textile Rules require that textile products
be labeled with the fiber content, the name or registered
identification number of the manufacturer or other responsible company,
and the country of origin. For hosiery products, the required
information may appear on the packaging and need not be on a label
[[Page 3800]]
affixed to the product itself.\6\ Under the Care Labeling Rule, items
of textile wearing apparel must be labeled with appropriate care
instructions. For most such items, the care instructions must appear on
a label permanently attached to the product. However, hosiery products
have been granted an exemption from the labeling requirement if care
instructions accompany the product on a tag or on packaging.\7\
\4\ Rules and Regulations under the Textile Fiber Products
Identification Act, 16 CFR Part 303.
\5\ Trade Regulation Rule concerning Care Labeling of Textile
Wearing Apparel and Certain Piece Goods as Amended, 16 CFR Part 423.
\6\ 16 CFR 303.15(c).
\7\ In addition, certain hosiery products which can be machine
washed and dried at hot settings without damage and without
transferring their dye to other fabrics, and which sell at retail
for less than $3.00, need not provide any form of care instructions.
---------------------------------------------------------------------------
In addition, the Commission notes that industry self-regulation
efforts, led by the NAHM, already exist in certain technical areas. For
example, the industry currently conforms sizing of all hosiery products
to a set of voluntary standards.\8\
\8\ Commercial Standard CS 46-49 (last revised in 1990).
---------------------------------------------------------------------------
For these reasons, the Commission concludes that it is unnecessary
to retain guides specific to the hosiery industry and therefore is
rescinding the Guides. If, in the future, practices in the sale of
hosiery are determined to be materially misleading and to cause
consumer harm, the Commission can address such practices under Section
5 of the Federal Trade Commission Act.\9\
\9\ Section 5 of the FTC Act, 15 U.S.C. 45(a)(1), prohibits
unfair or deceptive acts or practices in or affecting commerce.
---------------------------------------------------------------------------
The Commission appreciates the concerns raised by the commenters.
It declines, however, to expand the coverage of the guides as
recommended. First, some of the areas suggested for inclusion in the
guides are beyond the Commission's authority under the FTC Act, which
is the basis for the content of the guides. Second, the Commission
believes that existing rules governing care labeling and labeling of
textile products are adequate to protect consumers from deceptive
claims concerning the attributes and care of hosiery products.
List of Subjects in 16 CFR Part 22
Advertising, Hosiery, Labeling, Trade practices.
By direction of the Commission.
Donald S. Clark,
Secretary.
PART 22--[REMOVED]
The Commission, under authority of section 18 of the Federal Trade
Commission Act, 15 U.S.C. 57a, amends chapter I of title 16 of the Code
of Federal Regulations by removing Part 22.
[FR Doc. 96-2261 Filed 2-1-96; 8:45 am]
BILLING CODE 6750-01-M
Complete official Federal Register PDF
FR Doc. 96-2257 OSD Privacy Program
[Federal Register Volume 61, Number 23 (Friday, February 2, 1996)]
[Rules and Regulations]
[Pages 3813-3814]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2257]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 311
OSD Privacy Program
AGENCY: Office of the Secretary, DOD.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Office of the Joint Staff is adopting an exemption to the
system of records JS004SECDIV, entitled Joint Staff Security Clearance
Files. The exemption is needed to comply with prohibitions against
disclosure of information provided the government under a promise of
confidentiality and to protect privacy rights of individuals identified
in the system of records.
EFFECTIVE DATE: December 5, 1995.
FOR FURTHER INFORMATION CONTACT: Mr. Dan Cragg at (703) 695-0970.
SUPPLEMENTARY INFORMATION: Executive Order 12866. The Director,
Administration and Management, Office of the Secretary of Defense has
determined that this Privacy Act rule for the Department of Defense
does not constitute 'significant regulatory action'.
[[Page 3814]]
Analysis of the rule indicates that it does not have an annual effect
on the economy of $100 million or more; does not create a serious
inconsistency or otherwise interfere with an action taken or planned by
another agency; does not materially alter the budgetary impact of
entitlements, grants, user fees, or loan programs or the rights and
obligations of recipients thereof; does not raise novel legal or policy
issues arising out of legal mandates, the President's priorities, or
the principles set forth in Executive Order 12866 (1993).
Regulatory Flexibility Act of 1980. The Director, Administration and
Management, Office of the Secretary of Defense certifies that this
Privacy Act rule for the Department of Defense does not have
significant economic impact on a substantial number of small entities
because it is concerned only with the administration of Privacy Act
systems of records within the Department of Defense.
Paperwork Reduction Act. The Director, Administration and Management,
Office of the Secretary of Defense certifies that this Privacy Act rule
for the Department of Defense imposes no information requirements
beyond the Department of Defense and that the information collected
within the Department of Defense is necessary and consistent with 5
U.S.C. 552a, known as the Privacy Act of 1974.
Investigative and other records needed to make the judgment of
approval or denial of a security clearance may require that certain
records in the system be protected using the specific exemption (k)(5),
to insure that a source who furnished information to the Government
under an express promise of confidentiality be held in confidence, or,
prior to September 27, 1975, under an implied promise that the identity
of the source would be held in confidence will be afforded such
protection. The exemption is needed to comply with prohibitions against
disclosure of information provided the government under a promise of
confidentiality and to protect privacy rights of individuals identified
in the system of records. The proposed rule was previously published on
September 27, 1995, at 60 FR 49812.
List of Subjects in 32 CFR part 311
Privacy.
Accordingly, 32 CFR part 311 is amended as follows:
1. The authority citation for 32 CFR part 311 continues to read as
follows:
Authority: Pub. L. 93-579, 88 Stat 1896 (5 U.S.C. 552a).
2. Section 311.7 is amended by adding paragraph (c)(9) as follows:
Sec. 311.7 Procedures for exemptions.
* * * * *
(c) Specific exemptions. * * *
(9) System identifier and name--JS004SECDIV, Joint Staff Security
Clearance Files.
Exemption. Portions of this system of records are exempt pursuant
to the provisions of 5 U.S.C. 552a(k)(5) from subsections 5 U.S.C.
552a(d)(1) through (d)(5).
Authority. 5 U.S.C. 552a(k)(5).
Reasons. From subsections (d)(1) through (d)(5) because the agency
is required to protect the confidentiality of sources who furnished
information to the government under an expressed promise of
confidentiality or, prior to September 27, 1975, under an implied
promise that the identity of the source would be held in confidence.
This confidentiality is needed to maintain the Government's continued
access to information from persons who otherwise might refuse to give
it. This exemption is limited to disclosures that would reveal the
identity of a confidential source. At the time of the request for a
record, a determination will be made concerning whether a right,
privilege, or benefit is denied or specific information would reveal
the identity of a source.
* * * * *
Dated: January 29, 1996.
Patricia L. Toppings,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 96-2257 Filed 2-1-96; 8:45 am]
BILLING CODE 5000-04-F
Complete official Federal Register PDF
FR Doc. 96-2256 Privacy Program
[Federal Register Volume 61, Number 23 (Friday, February 2, 1996)]
[Rules and Regulations]
[Pages 3814-3815]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2256]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Investigative Service
32 CFR Part 321
Privacy Program
AGENCY: Defense Investigative Service, DOD.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Defense Investigative Service is exempting a system of
records identified as V5-04, entitled Counterintelligence Issues
Database (CII-DB), from certain provisions of 5 U.S.C. 552a. Exemption
is needed to comply with prohibitions against disclosure of information
provided the government under a promise of confidentiality and to
protect privacy rights of individuals identified in the system of
records.
EFFECTIVE DATE: December 5, 1995.
FOR FURTHER INFORMATION CONTACT: Mr. Dale Hartig at (703) 325-5324.
SUPPLEMENTARY INFORMATION: Executive Order 12866. The Director,
Administration and Management, Office of the Secretary of Defense has
determined that this Privacy Act rule for the Department of Defense
does not constitute 'significant regulatory action'. Analysis of the
rule indicates that it does not have an annual effect on the economy of
$100 million or more; does not create a serious inconsistency or
otherwise interfere with an action taken or planned by another agency;
does not materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; does not raise novel legal or policy issues arising out of
legal mandates, the President's priorities, or the principles set forth
in Executive Order 12866 (1993).
Regulatory Flexibility Act of 1980. The Director, Administration and
Management, Office of the Secretary of Defense certifies that this
Privacy Act rule for the Department of Defense does not have
significant economic impact on a substantial number of small entities
because it is concerned only with the administration of Privacy Act
systems of records within the Department of Defense.
Paperwork Reduction Act. The Director, Administration and Management,
Office of the Secretary of Defense certifies that this Privacy Act rule
for the Department of Defense imposes no information requirements
beyond the Department of Defense and that the information collected
within the Department of Defense is necessary and consistent with 5
U.S.C. 552a, known as the Privacy Act of 1974. The proposed rule was
previously published on October 3, 1995, at 60 FR 51764.
List of Subjects in 32 CFR Part 321
Privacy.
Accordingly, 32 CFR part 321 is amended as follows:
1. The authority citation for 32 CFR part 321 continues to read as
follows:
Authority: Pub. L. 93-579, 88 Stat 1896 (5 U.S.C.552a).
2. Section 321.14, paragraph (g) is redesignated as (h) and a new
paragraph (g) is added as follows:
Sec. 321.14 Exemptions.
* * * * *
(g) System identifier. V5-04.
(1) System name. Counterintelligence Issues Database (CII-DB).
(2) Exemption. Portions of this system of records that fall within
the provisions of 5 U.S.C. 552a(k)(1), (k)(2), (k)(3) and
[[Page 3815]]
(k)(5) may be exempt from the following subsections (c)(3); (d)(1)
through (d)(5); (e)(1); (e)(4)(G), (H), and (I); and (f).
(3) Authority. 5 U.S.C. 552a(k)(1), (k)(2), (k)(3) and (k)(5).
(4) Reasons. From subsection (c)(3) because giving the individual
access to the disclosure accounting could alert the subject of an
investigation to the existence and nature of the investigation and
reveal investigative or prosecutive interest by other agencies,
particularly in a joint-investigation situation. This would seriously
impede or compromise the investigation and case preparation by
prematurely revealing its existence and nature; compromise or interfere
with witnesses or make witnesses reluctant to cooperate with the
investigators; lead to suppression, alteration, fabrication, or
destruction of evidence; and endanger the physical safety of
confidential sources, witnesses, law enforcement personnel and their
families.
From subsection (d) because the application of these provisions
could impede or compromise an investigation or prosecution if the
subject of an investigation had access to the records or were able to
use such rules to learn of the existence of an investigation before it
would be completed. In addition, the mere notice of the fact of an
investigation could inform the subject and others that their activities
are under or may become the subject of an investigation and could
enable the subjects to avoid detection or apprehension, to influence
witnesses improperly, to destroy evidence, or to fabricate testimony.
From subsection (e)(1) because during an investigation it is not
always possible to detect the relevance or necessity of each piece of
information in the early stages of an investigation. In some cases, it
is only after the information is evaluated in light of other evidence
that its relevance and necessity will be clear. In other cases, what
may appear to be a relevant and necessary piece of information may
become irrelevant in light of further investigation. In addition,
during the course of an investigation, the investigator may obtain
information that related primarily to matters under the investigative
jurisdiction of another agency, and that information may not be
reasonably segregated. In the interest of effective law enforcement,
DIS investigators should retain this information, since it can aid in
establishing patterns of criminal activity and can provide valuable
leads for Federal and other law enforcement agencies.
From subsections (e)(4)(G), (e)(4)(H), (e)(4)(I) and (f) because
this system is exempt from subsection (d) of the Act, concerning access
to records. These requirements are inapplicable to the extent that
these records will be exempt from these subsections. However, DIS has
published information concerning its notification and access
procedures, and the records source categories because under certain
circumstances, DIS could decide it is appropriate for an individual to
have access to all or a portion of his/her records in this system of
records.
* * * * *
Dated: January 29, 1996.
Patricia L. Toppings,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 96-2256 Filed 2-1-96; 8:45 am]
BILLING CODE 5000-04-F
Complete official Federal Register PDF
FR Doc. 96-2255 Standard Instrument Approach Procedures; Miscellaneous Amendments
[Federal Register Volume 61, Number 23 (Friday, February 2, 1996)]
[Rules and Regulations]
[Pages 3797-3799]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2255]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
14 CFR Part 97
[Docket No. 28449; Amdt. No. 1709]
Standard Instrument Approach Procedures; Miscellaneous Amendments
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This amendment establishes, amends, suspends, or revokes
Standard Instrument Approach Procedures (SIAPs) for operations at
certain airports. These regulatory actions are needed because of the
adoption of new or revised criteria, or because of changes occurring in
the National Airspace System, such as the commissioning of new
navigational facilities, addition of new obstacles, or changes in air
traffic requirements. These changes are designed to provide safe and
efficient use of the navigable airspace and to promote safe flight
operations under instrument flight rules at the affected airports.
DATES: An effective date for each SIAP is specified in the amendatory
provisions.
Incorporation by reference-approved by the Director of the Federal
Register on December 31, 1980, and reapproved as of January 1, 1982.
ADDRESSES: Availability of matters incorporated by reference in the
amendment is as follows:
For Examination--
1. FAA Rules Docket, FAA Headquarters Building, 800 Independence
Avenue SW., Washington, DC 20591;
2. The FAA Regional Office of the region in which the affected
airport is located; or
3. The Flight Inspection Area Office which originated the SIAP.
For Purchase--Individual SIAP copies may be obtained from:
1. FAA Public Inquiry Center (APA-200), FAA Headquarters Building,
800 Independence Avenue SW., Washington, DC 20591; or
[[Page 3798]]
2. The FAA Regional Office of the region in which the affected
airport is located.
By Subscription--Copies of all SIAPs, mailed once every 2 weeks,
are for sale by the Superintendent of Documents, U.S. Government
Printing Office, Washington, DC 20402.
FOR FURTHER INFORMATION CONTACT: Paul J. Best, Flight Procedures
Standards Branch (AFS-420), Technical Programs Division, Flight
Standards Service, Federal Aviation Administration, 800 Independence
Avenue SW., Washington, DC 20591; telephone (202) 267-8277.
SUPPLEMENTARY INFORMATION: This amendment to part 97 of the Federal
Aviation Regulations (14 CFR part 97) establishes, amends, suspends, or
revokes Standard Instrument Approach Procedures (SIAPs). The complete
regulatory description of each SIAP is contained in official FAA form
documents which are incorporated by reference in this amendment under 5
U.S.C. 552(a), 1 CFR part 51, and Sec. 97.20 of the Federal Aviation
Regulations (FAR). The applicable FAA Forms are identified as FAA Form
8260-5. Materials incorporated by reference are available for
examination or purchase as stated above.
The large number of SIAPs, their complex nature, and the need for a
special format make their verbatim publication in the Federal Register
expensive and impractical. Further, airmen do not use the regulatory
text of the SIAPs, but refer to their graphic depiction on charts
printed by publishers of aeronautical materials. Thus, the advantages
of incorporation by reference are realized and publication of the
complete description of each SIAP contained in FAA form documents is
unnecessary. The provisions of this amendment state the affected CFR
(and FAR) sections, with the types and effective dates of the SIAPs.
This amendment also identifies the airport, its location, the procedure
identification and the amendment number.
This amendment to part 97 is effective upon publication of each
separate SIAP as contained in the transmittal. The SIAPs contained in
this amendment are based on the criteria contained in the United States
Standard for Terminal Instrument Approach Procedures (TERPS). In
developing these SIAPs, the TERPS criteria were applied to the
conditions existing or anticipated at the affected airports.
The FAA has determined through testing that current non-localizer
type, non-precision instrument approaches developed using the TERPS
criteria can be flown by aircraft equipped with Global Positioning
System (GPS) equipment. In consideration of the above, the applicable
Standard Instrument Approach Procedures (SIAPs) will be altered to
include ``or GPS'' in the title without otherwise reviewing or
modifying the procedure. (Once a stand alone GPS procedure is
developed, the procedure title will be altered to remove ``or GPS''
from these non-localizer, non-precision instrument approach procedure
titles.) Because of the close and immediate relationship between these
SIAPs and safety in air commerce, I find that notice and public
procedure before adopting these SIAPs are, impracticable and contrary
to the public interest and, where applicable, that good cause exists
for making some SIAPs effective in less than 30 days.
The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 97
Air traffic control, Airports, Navigation (air).
Issued in Washington, DC on January 26, 1996.
Thomas C. Accardi,
Director, Flight Standards Service.
Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me, part 97 of
the Federal Aviation Regulations (14 CFR part 97) is amended by
establishing, amending, suspending, or revoking Standard Instrument
Approach Procedures, Effective at 0901 UTC on the dates Specified, as
follows:
PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES
1. The authority citation for part 97 is revised to read as
follows:
Authority: 49 U.S.C. 40103, 40113, 40120, 44701; 49 U.S.C.
106(g); and 14 CFR 11.49(b)(2).
2. Part 97 is amended to read as follows:
Secs. 97.23, 97.27, 97.33, 97.35 [Amended]
By amending: Sec. 97.23 VOR, VOR/DME, VOR or TACAN, and VOR/DME or
TACAN; Sec. 97.27 NDB, NDB/DME; Sec. 97.33 RNAV SIAPs; and Sec. 97.35
COPTER SIAPs, identified as follows:
* * * Effective FEB 29, 1996
Rogers, AR, Rogers Municipal-Carter Field, VOR or GPS RWY 1, Amdt.
31 CANCELLED
Rogers, AR, Rogers Municipal-Carter Field, VOR RWY 1, Amdt 13
Magnolia, AR, Magnolia Muni, NDB or GPS RWY 35, Orig-A CANCELLED
Magnolia, AR, Magnolia Muni, NDB RWY 35, Orig-A
Bullhead City, AZ, Laughlin/Bullhead Intl, VOR/DME or GPS RWY 34,
Orig CANCELLED
Bullhead City, AZ, Laughlin/Bullhead Intl, VOR/DME RWY 34, Orig
Flagstaff, AZ, Flagstaff Pulliam, VOR/DME or GPS RWY 21, Orig
CANCELLED
Flagstaff, AZ, Flagstaff Pulliam, VOR/DME RWY 21, Orig
Ames, IA, Ames Muni, VOR or GPS RWY 31, Amdt 8A CANCELLED
Ames, IA, Ames Muni, VOR RWY 31, Amdt 8A
Tipton, IA, Mathews Memorial, VOR or GPS RWY 11, Amdt 2 CANCELLED
Tipton, IA, Mathews Memorial, VOR RWY 11, Amdt 2
Houma, LA, Houma-Terrebonne, VOR or GPS RWY 12, Amdt 4A CANCELLED
Houma, LA, Houma-Terrebonne, VOR RWY 12, Amdt 4A
New Orleans, LA, Lakefront, VOR or GPS RWY 18R, Amdt 3 CANCELLED
New Orleans, LA, Lakefront, VOR RWY 18R, Amdt 3
Grayling, MI, Grayling AAF, NDB or GPS RWY 14, Amdt 6 CANCELLED
Grayling, MI, Grayling AAF, NDB RWY 14, Amdt 6
Howell, MI, Livingston County, NDB or GPS RWY 13, Amdt 1 CANCELLED
Howell, MI, Livingston County, NDB RWY 13, Amdt 1
Kalamazoo, MI, Kalamazoo/Battle Creek Intl., VOR or GPS RWY 5, Orig
CANCELLED
Kalamazoo, MI, Kalamazoo/Battle Creek Intl., VOR RWY 5, Orig
Kalamazoo, MI, Kalamazoo/Battle Creek Intl., VOR or GPS RWY 23, Amdt
17 CANCELLED
Kalamazoo, MI, Kalamazoo/Battle Creek Intl., VOR RWY 23, Amdt 17
CANCELLED
St Charles, MO, St Charles County Smartt, VOR or GPS RWY 18, Orig
CANCELLED
St Charles, MO, St Charles County Smartt, VOR RWY 18, Orig
Sedalia, MO, Sedalia Memorial, NDB or GPS RWY 18, Amdt 7B CANCELLED
Sedalia, MO, Sedalia Memorial, NDB RWY 18, Amdt 7B
Hastings, NE, Hastings Muni, VOR or GPS RWY 14, Amdt 16 CANCELLED
Hastings, NE, Hastings Muni, VOR RWY 14, Amdt 16
Silver City, NM, Grant County, NDB or GPS RWY 26, Amdt 3 CANCELLED
[[Page 3799]]
Silver City, NM, Grant County, NDB RWY 26, Amdt 3
Sullivan, MO, Sullivan Regional, NDB or GPS RWY 24, Orig CANCELLED
Sullivan, MO, Sullivan Regional, NDB RWY 24, Orig
Rugby, ND, Rugby Muni, NDB or GPS RWY 30, Amdt 4 CANCELLED
Rugby, ND, Rugby Muni, NDB RWY 30, Amdt 4
Ponca City, OK, Ponca City Muni, VOR/DME RNAV or GPS RWY 35, Amdt 2
CANCELLED
Ponca City, OK, Ponca City Muni, VOR/DME RNAV RWY 35, Amdt 2
Burlington/Mount Vernon, WA, Burlington/Skagit Regional-Bay View,
NDB or GPS RWY 10, Amdt 2 CANCELLED
Burlington/Mount Vernon, WA, Burlington/Skagit Regional-Bay View,
NDB RWY 10, Amdt 2.
[FR Doc. 96-2255 Filed 2-1-96; 8:45 am]
BILLING CODE 4910-13-M
Complete official Federal Register PDF
FR Doc. 96-2254 Standard Instrument Approach Procedures; Miscellaneous Amendments
[Federal Register Volume 61, Number 23 (Friday, February 2, 1996)]
[Rules and Regulations]
[Pages 3796-3797]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2254]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
14 CFR Part 97
[Docket No. 28448; Amdt. No. 1708]
Standard Instrument Approach Procedures; Miscellaneous Amendments
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This amendment establishes, amends, suspends, or revokes
Standard Instrument Approach Procedures (SIAPs) for operations at
certain airports. These regulatory actions are needed because of
changes occurring in the National Airspace System, such as the
commissioning of new navigational facilities, addition of new
obstacles, or changes in air traffic requirements. These changes are
designed to provide safe and efficient use of the navigable airspace
and to promote safe flight operations under instrument flight rules at
the affected airports.
DATES: An effective date for each SIAP is specified in the amendatory
provisions.
Incorporation by reference-approved by the Director of the Federal
Register on December 31, 1980, are reapproved as of January 1, 1982.
ADDRESSES: Availability of matter incorporated by reference in the
amendment is as follows:
For Examination--
1. FAA Rules Docket, FAA Headquarters Building, 800 Independence
Avenue, SW., Washington, DC 20591;
2. The FAA Regional Office of the region in which affected airport
is located; or
3. The Flight Inspection Area Office which originated the SIAP.
For Purchase--Individual SIAP copies may be obtained from:
1. FAA Public Inquiry Center (APA-200), FAA Headquarters Building,
800 Independence Avenue, SW., Washington, DC 20591; or
2. The FAA Regional Office of the region in which the affected
airport is located.
By Subscription--Copies of all SIAPs, mailed once every 2 weeks,
are for sale by the Superintendent of Documents, U.S. Government
Printing Office, Washington, DC 20402.
FOR FURTHER INFORMATION CONTACT:
Paul J. Best, Flight Procedures Standards Branch (AFS-420), Technical
Programs Division, Flight Standards Service, Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591;
telephone (202) 267-8277.
SUPPLEMENTARY INFORMATION: This amendment to part 97 of the Federal
Aviation Regulations (14 CFR part 97) establishes, amends, suspends, or
revokes Standard Instrument Approach Procedures (SIAPs). The complete
regulatory description on each SIAP is contained in the appropriate FAA
Form 8260 and the National Flight Data Center (FDC)/Permanent (P)
Notices to Airmen (NOTAM) which are incorporated by reference in the
amendment under 5 U.S.C. 552(a), 1 CFR part 51, and Sec. 97.20 of the
Federal Aviations Regulations (FAR). Materials incorporated by
reference are available for examination or purchase as stated above.
The large number of SIAPs, their complex nature, and the need for a
special format make their verbatim publication in the Federal Register
expensive and impractical. Further, airmen do not use the regulatory
text of the SIAPs, but refer to their graphic depiction of charts
printed by publishers of aeronautical materials. Thus, the advantages
of incorporation by reference are realized and publication of the
complete description of each SIAP contained in FAA form documents is
unnecessary. The provisions of this amendment state the affected CFR
(and FAR) sections, with the types and effective dates of the SIAPs.
This amendment also identifies the airport, its location, the procedure
[[Page 3797]]
identification and the amendment number.
The Rule
This amendment to part 97 of the Federal Aviation Regulations (14
CFR part 97) establishes, amends, suspends, or revokes SIAPs. For
safety and timeliness of change considerations, this amendment
incorporates only specific changes contained in the content of the
following FDC/P NOTAM for each SIAP. The SIAP information in some
previously designated FDC/Temporary (FDC/T) NOTAMs is of such duration
as to be permanent. With conversion to FDC/P NOTAMs, the respective
FDC/T NOTAMs have been cancelled.
The FDC/P NOTAMs for the SIAPs contained in this amendment are
based on the criteria contained in the U.S. Standard for Terminal
Instrument Approach Procedures (TERPS). In developing these chart
changes to SIAPs by FDC/P NOTAMs, the TERPS criteria were applied to
only these specific conditions existing at the affected airports. All
SIAP amendments in this rule have been previously issued by the FAA in
a National Flight Data Center (FDC) Notice to Airmen (NOTAM) as an
emergency action of immediate flight safety relating directly to
published aeronautical charts. The circumstances which created the need
for all these SIAP amendments requires making them effective in less
than 30 days.
Further, the SIAPs contained in this amendment are based on the
criteria contained in the TERPS. Because of the close and immediate
relationship between these SIAPs and safety in air commerce, I find
that notice and public procedure before adopting these SIAPs are
impracticable and contrary to the public interest and, where
applicable, that good cause exists for making these SIAPs effective in
less than 30 days.
Conclusion
The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 97
Air Traffic Control, Airports, Navigation (air).
Issued in Washington, DC, on January 26, 1996.
Thomas C. Accardi,
Director, Flight Standards Service.
Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me, part 97 of
the Federal Aviation Regulations (14 CFR part 97) is amended by
establishing, amending, suspending, or revoking Standard Instrument
Approach Procedures, effective at 0901 UTC on the dates specified, as
follows:
PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES
1. The authority citation for part 97 is revised to read as
follows:
Authority: 49 U.S.C. 40103, 40113, 40120, 44701; 49 U.S.C. 106
(g); and 14 CFR 11.49(b)(2).
2. Part 97 is amended to read as follows:
Secs. 97.23, 97.25, 97.27, 97.29, 97.31, 97.33, 97.35 [Amended]
By amending: Sec. 97.23 VOR, VOR/DME, VOR or TACAN and VOR/DME or
TACAN; Sec. 97.25 LOC, LOC/DME, LDA, LDA/DME, SDF, SDF/DME; Sec. 97.27
NDB, NDB/DME; Sec. 97.29 ILS, ILS/DME, ISMLS, MLS, MLS/DME, MLS/RNAV;
Sec. 97.31 RADAR SIAPs; Sec. 97.33 RNAV SIAPs; and Sec. 97.35 COPTER
SIAPs, identified as follows:
* * * Effective Upon Publication
----------------------------------------------------------------------------------------------------------------
FDC date State City Airport FDC No. SIAP
----------------------------------------------------------------------------------------------------------------
01/19/96....... DE Wilmington....... New Castle FDC 6/0510 VOR Rwy Amdt 5.
County.
01/19/96....... IA Newton........... Newton Muni..... FDC 6/0490 ILS Rwy 32, Amdt 1.
01/19/96....... KS Washington....... Washington FDC 6/0509 NDB-A Orig.
County Memorial.
01/24/96....... OR Portland......... Portland- FDC 6/0569 VOR/DME or GPS-A, Orig.
Hillsboro.
----------------------------------------------------------------------------------------------------------------
[FR Doc. 96-2254 Filed 2-1-96; 8:45 am]
BILLING CODE 4910-13-M
Complete official Federal Register PDF
FR Doc. 96-2253 Standard Instrument Approach Procedures; Miscellaneous Amendments
[Federal Register Volume 61, Number 23 (Friday, February 2, 1996)]
[Rules and Regulations]
[Pages 3795-3796]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2253]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
14 CFR Part 97
[Docket No. 28447; Amdt. No. 1707]
Standard Instrument Approach Procedures; Miscellaneous Amendments
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This amendment establishes, amends, suspends, or revokes
Standard Instrument Approach Procedures (SIAPs) for operations at
certain airports. These regulatory actions are needed because of the
adoption of new or revised criteria, or because of changes occurring in
the National Airspace System, such as the commissioning of new
navigational facilities, addition of new obstacles, or changes in air
traffic requirements. These changes are designed to provide safe and
efficient use of the navigable airspace and to promote safe flight
operations under instrument flight rules at the affected airports.
DATES: An effective date for each SIAP is specified in the amendatory
provisions.
Incorporation by reference-approved by the Director of the Federal
Register on December 31, 1980, and reapproved as of January 1, 1982.
ADDRESSES: Availability of matters incorporated by reference in the
amendment is as follows:
For Examination--
1. FAA Rules Docket, FAA Headquarters Building, 800 Independence
Avenue, SW., Washington, DC 20591;
2. The FAA Regional Office of the region in which the affected
airport is located; or
3. The Flight Inspection Area Office which originated the SIAP.
For Purchase--Individual SIAP copies may be obtained from:
1. FAA Public Inquiry Center (APA-200), FAA Headquarters Building,
800 Independence Avenue, SW., Washington, DC 20591; or
2. The FAA Regional Office of the region in which the affected
airport is located.
By Subscription--Copies of all SIAPs, mailed once every 2 weeks,
are for sale by the Superintendent of Documents, U.S. Government
Printing Office, Washington, DC 20402.
FOR FURTHER INFORMATION CONTACT:
Paul J. Best, Flight Procedures Standards Branch (AFS-420), Technical
Programs Division, Flight Standards Service, Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591;
telephone (202) 267-8277.
SUPPLEMENTARY INFORMATION: This amendment to part 97 of the Federal
Aviation Regulations (14 CFR part 97) establishes, amends, suspends, or
revokes Standard Instrument Approach Procedures (SIAPs). The complete
regulatory description of each SIAP is contained in official FAA form
documents which are incorporated by reference in this amendment under 5
U.S.C. 552(a), 1 CFR part 51, and Sec. 97.20 of the Federal Aviation
Regulations (FAR). The applicable FAA Forms are identified as FAA Forms
8260-3, 8260-4, and 8260-5. Materials incorporated by reference are
available for examination or purchase as stated above.
The large number of SIAPs, their complex nature, and the need for a
special format make their verbatim publication in the Federal Register
expensive and impractical. Further, airmen do not use the regulatory
text of the SIAPs, but refer to their graphic depiction on charts
printed by publishers of aeronautical materials. thus, the advantages
of incorporation by reference are realized and publication of the
complete description of each SIAP contained in FAA form documents is
unnecessary. The provisions of this amendment state the affected CFR
(and FAR) sections, with the types and effective dates of the SIAPs.
This amendment also identifies the airport, its location, the procedure
identification and the amendment number.
The Rule
This amendment to part 97 is effective upon publication of each
separate SIAP as contained in the transmittal. Some SIAP amendments may
have been previously issued by the FAA in a National Flight Data Center
(FDC) Notice to Airmen (NOTAM) as an emergency action of immediate
fight safety relating directly to published aeronautical charts. The
circumstances which created the need for some SIAP amendments may
require making them effective in less than 30 days. For the remaining
SIAPs, an effective date at least 30 days after publication is
provided.
Further, the SIAPs contained in this amendment are based on the
criteria contained in the U.S. Standard for Terminal Instrument
Approach Procedures (TERPS). In developing these SIAPs, the TERPS
criteria were applied to the conditions existing or anticipated at the
affected airports. Because of the close and immediate relationship
between these SIAPs and safety in air commerce, I find that notice and
public procedure before adopting these SIAPs are impracticable and
contrary to the public interest and, where applicable, that good cause
exists for making some SIAPs effective in less than 30 days.
The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 97
Air traffic control, Airports, Navigation (air).
[[Page 3796]]
Issued in Washington, DC on January 26, 1996.
Thomas C. Accardi,
Director, Flight Standards Service.
Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me, part 97 of
the Federal Aviation Regulations (14 CFR part 97) is amended by
establishing, amending, suspending, or revoking Standard Instrument
Approach Procedures, effective at 0901 UTC on the dates specified, as
follows:
PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES
1. The authority citation for part 97 is revised to read as
follows:
Authority: 49 U.S.C. 106(g), 40103, 40113, 40120, 44701; and 14
CFR 11.49(b)(2).
2. Part 97 is amended to read as follows:
Secs. 97.23, 97.25, 97.27, 97.29, 97.31, 97.33, 97.35 [Amended]
By amending: Sec. 97.23 VOR, VOR/DME, VOR or TACAN, and VOR/DME or
TACAN; Sec. 97.25 LOC, LOC/DME, LDA, LDA/DME, SDF, SDF/DME; Sec. 97.27
NDB, NDB/DME; Sec. 97.29 ILS, ILS/DME, ISMLS, MLS, MLS/DME, MLS/RNAV;
Sec. 97.31 RADAR SIAPs; Sec. 97.33 RNAV SIAPs; and Sec. 97.35 COPTER
SIAPs, identified as follows:
* * * Effective February 29, 1996 * * *
Alturas, CA, Alturas Muni, GPS RWY 31, Orig
Oakland, CA, Metropolitan Oakland Intl, VOR/DME RWY 29, Orig
Ruston, LA, Ruston Rgnl, NDB RWY 18, Orig
Sulphur, LA, Southland Field, LOC RWY 15, Orig
Sulphur, LA, Southland Field, NDB RWY 15, Orig
Ruidoso, NM, Sierra Blanca Regional, LOC/DME RWY 24, Orig
Provo, UT, Provo Muni, VOR or GPS RWY 13, AMDT 1
Provo, UT, Provo Muni, ILS RWY 13, AMDT 4
* * * Effective March 28, 1996 * * *
Venice, LA, Point in Space, COPTER LORAN RNAV 087, Orig, CANCELLED
* * * Effective April 25, 1996 * * *
Stuttgart, AR, Stuttgart Muni, GPS RWY 18, Orig
Stuttgart, AR, Stuttgart Muni, GPS RWY 36, Orig
Boone, IA, Boone Muni, GPS RWY 14, Orig
Chariton, IA, Chariton Muni, GPS RWY 10, Orig
Sulphur, LA, Southland Field, GPS RWY 15, Orig
Farmington, MO, Farmington Regional, GPS RWY 2, Orig
Lake Ozark, MO, Lee C. Fine Memorial, GPS RWY 21, Orig
Monroe City, MO, Monroe City Regional, GPS RWY 27, Orig
Las Vegas, NM, Las Vegas Muni, GPS RWY 2, Orig
Las Vegas, NM, Las Vegas Muni, GPS RWY 20, Orig
Las Vegas, NM, Las Vegas Muni, GPS RWY 32, Orig
Roswell, NM, Roswell Industrial Air Center, GPS RWY 35, Orig
Taos, NM, Taos Muni, GPS RWY 4, Orig
Dumas, TX, Moore County, GPS RWY 19, Orig
Houston, TX, Houston Intercontinental, GPS RWY 26, Orig
Roosevelt, UT, Roosevelt Muni, GPS RWY 25, Orig
The FAA published Amendments in Docket No. 28408, Amdt. No. 1700 to
Part 97 of the Federal Aviation Regulations (Vol 61 FR No. 7 Page 699,
dated Wednesday, January 10, 1996) under Section 97.23 effective
February 29, 1996 which are hereby rescinded:
West Milford, NJ, Greenwood Lake, VOR RWY 6, Orig
West Milford, NJ, Greenwood Lake, VOR or GPS-A, Amdt 3, CANCELLED
[FR Doc. 96-2253 Filed 2-1-96; 8:45 am]
BILLING CODE 4910-13-M
Complete official Federal Register PDF
FR Doc. 96-2248 Clean Air Act Interim Approval of Operating Permits Program; Delegation of Section 112 Standards; Commonwealth of Massachusetts
[Federal Register Volume 61, Number 23 (Friday, February 2, 1996)]
[Rules and Regulations]
[Pages 3827-3832]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2248]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 70
[AD-FRL-5405-5]
Clean Air Act Interim Approval of Operating Permits Program;
Delegation of Section 112 Standards; Commonwealth of Massachusetts
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The EPA is promulgating interim approval of the Operating
Permits Program submitted by the Commonwealth of Massachusetts for the
purpose of complying with Federal requirements for an approvable State
program to issue operating permits to all major stationary sources, and
to certain other sources. EPA is also approving the Commonwealth's
authority to implement hazardous air pollutant requirements.
DATES: This action is effective April 2, 1996 unless notice is received
by March 4, 1996 that adverse or critical comments will be submitted.
If the effective date is delayed, timely notice will be published in
the Federal Register.
ADDRESSES: Comments should be addressed to Ida E. Gagnon, Air Permits,
APO, U.S. Environmental Protection Agency, Region I, JFK Federal
Building, Boston, MA 02203-2211.
Copies of the State's submittal and other supporting information
relevant to this action are available for inspection during normal
business hours at the following location: U.S. Environmental Protection
Agency, Region 1, One Congress Street, 10th floor, Boston, MA 02203.
FOR FURTHER INFORMATION CONTACT: Ida E. Gagnon, Air Permits, APO, U.S.
Environmental Protection Agency, Region 1, JFK Federal Building,
Boston, MA 02203-2211, (617) 565-3500.
SUPPLEMENTARY INFORMATION:
I. Background and Purpose
A. Introduction
As required under title V of the 1990 Clean Air Act Amendments
(sections 501-507 of the Clean Air Act (``the Act'')), EPA has
promulgated rules which define the minimum elements of an approvable
State operating permits program and the corresponding standards and
procedures by which the EPA will approve, oversee, and withdraw
approval of State operating permits programs (see 57 FR 32250 (July 21,
1992)). These rules are codified at 40 Code of Federal Regulations
(CFR) Part 70. Title V requires States to develop, and submit to EPA,
programs for issuing these operating permits to all major stationary
sources and to certain other sources.
The Act requires that States develop and submit these programs to
EPA by November 15, 1993, and that EPA act to approve or disapprove
each program within 1 year after receiving the submittal. The EPA's
program review occurs pursuant to section 502 of the Act and the part
70 regulations, which together outline criteria for approval or
disapproval. Where a program substantially, but not fully, meets the
requirements of Part 70, EPA may grant the program interim approval for
a period of up to 2 years. If EPA has not fully approved a program by 2
years after the November 15, 1993 date, or by the end of an interim
program, it must establish and implement a Federal program. EPA is
publishing this action without prior proposal because the Agency views
this as a noncontroversial program and anticipates no adverse comments.
However, in a separate document in the Federal Register publication,
EPA is proposing interim approval of the Operating Permit Program
submitted by the Commonwealth of Massachusetts should adverse or
critical comments be filed. This action will be effective April 2, 1996
unless adverse or critical comments are received by March 4, 1996.
If EPA receives such comments, this action will be withdrawn before
the effective date by simultaneously publishing a subsequent document
that will withdraw the final action. All public comments received will
then be addressed in a subsequent final rule based on this action
serving as a proposed rule. The EPA will not institute a second comment
period on this action. Any parties interested in commenting on this
action should do so at this time. If no such comments are received, the
public is advised that this action will be effective on April 2, 1996.
B. Federal Oversight and Sanctions
When EPA promulgates this interim approval, it will extend for two
years following the effective date, and cannot be renewed. During the
interim approval period, the Commonwealth of Massachusetts is protected
from sanctions, and EPA is not obligated to promulgate, administer and
enforce a Federal permits program for the Commonwealth of
Massachusetts. Permits issued under a program with interim approval
have full standing with respect to part 70, and the 1-year time period
for submittal of permit applications by subject sources specified in
section 503(c) of the Act begins upon the effective date of interim
approval, as does the 3-year time period for processing the initial
permit applications.1
\1\ Note that states may require applications to be submitted
earlier than required under section 503(c). See 310 CMR Appendix
C(4)(a).
---------------------------------------------------------------------------
Following final interim approval, if the Commonwealth of
Massachusetts fails to submit a complete corrective program for full
approval by the date 6 months before expiration of the interim
approval, EPA will start an 18-month clock for mandatory sanctions. If
the Commonwealth of Massachusetts then fails to submit a corrective
program that EPA finds complete before the expiration of that 18-month
period, EPA will be required to apply one of the sanctions in section
179(b) of the Act, which will remain in effect until EPA determines
that the Commonwealth of
[[Page 3828]]
Massachusetts has corrected the deficiency by submitting a complete
corrective program. If, six months after application of the first
sanction, the Commonwealth of Massachusetts still has not submitted a
corrective program that EPA finds complete, a second sanction will be
required.
If, following final interim approval, EPA disapproves the
Commonwealth of Massachusetts' complete corrective program, EPA will be
required to apply one of the section 179(b) sanctions on the date 18
months after the effective date of the disapproval, unless prior to
that date the Commonwealth of Massachusetts has submitted a revised
program and EPA has determined that it corrected the deficiencies that
prompted the disapproval. If, six months after EPA applies the first
sanction, the Commonwealth of Massachusetts has not submitted a revised
program that EPA has determined corrected the deficiencies that
prompted disapproval, a second sanction will be required.
In addition, discretionary sanctions may be applied where warranted
any time after the end of an interim approval period if the
Commonwealth of Massachusetts has not timely submitted a complete
corrective program or EPA has disapproved a submitted corrective
program. Moreover, if EPA has not granted full approval to a
Commonwealth of Massachusetts program by the expiration of an interim
approval and that expiration occurs after November 15, 1995, EPA must
promulgate, administer and enforce a Federal permits program for the
Commonwealth of Massachusetts upon interim approval expiration.
II. Action and Implications
A. Analysis of State Submission
1. Support Materials
The Acting Commissioner of the Commonwealth of Massachusetts
(Designee of the Governor) submitted an administratively complete title
V Operating Permits Program (PROGRAM) on April 28, 1995. EPA deemed the
PROGRAM administratively complete in a letter to the Commissioner dated
on June 26, 1995. The PROGRAM submittal includes a description of how
the Commonwealth intends to implement the PROGRAM and legal opinions
from the Attorney General of Massachusetts stating that the laws of the
Commonwealth provide adequate authority to carry out the PROGRAM. The
submittal additionally contains evidence of proper adoption of the
PROGRAM regulations, permit application forms, a data management system
and a fee adequacy demonstration.
2. Regulations and Program Implementation
The Commonwealth of Massachusetts has submitted 310 CMR 7.00
Appendix C entitled ``Operating Permit Program'' for implementing the
State part 70 program as required by 40 CFR 70.4(b)(2). Sufficient
evidence of procedurally correct adoption is included in part b of the
submittal.
The Massachusetts operating permits regulations follow part 70 very
closely. The following requirements, set out in EPA's part 70 operating
permits program review are addressed in Part B of the Commonwealth's
submittal.
The Massachusetts PROGRAM, including the operating permit
regulations, substantially meets the requirements of 40 CFR 70.2 and
70.3 with respect to applicability; Secs. 70.4, 70.5 and 70.6 with
respect to permit content and operational flexibility; Sec. 70.5 with
respect to complete application forms and criteria which define
insignificant activities; Secs. 70.7 and 70.8 with respect to public
participation, minor permit modifications, and review by affected
states and EPA; and Sec. 70.11 with respect to requirements for
enforcement authority.
Part 70 of the operating permits regulation requires prompt
reporting of deviations from the permit requirements. Section
70.6(a)(3)(iii)(B) requires the permitting authority to define prompt
in relation to the degree and type of deviation likely to occur and the
applicable requirements. The Commonwealth of Massachusetts has not
defined ``prompt'' in its program with respect to reporting of
deviations. Although the permit program regulations should define
prompt for purposes of administrative efficiency and clarity, an
acceptable alternative is to define prompt in each individual permit.
The EPA believes that prompt should generally be defined as requiring
reporting within two to ten days of the deviation. Two to ten days is
sufficient time in most cases to protect public health and safety as
well as to provide a forewarning of potential problems. For sources
with a low level of excess emissions, a longer time period may be
acceptable. However, prompt reporting must be more frequent than the
semiannual reporting requirement, given this is a distinct reporting
obligation under Sec. 70.6(a)(3)(iii)(A). Where ``prompt'' is defined
in the individual permit but not in the program regulations, EPA may
veto permits that do not contain sufficiently prompt reporting of
deviations.
EPA is granting interim approval for the Massachusetts program
rather than full approval. Pursuant to section 502(g) of the Act,
Massachusetts would be authorized to implement the interim program for
a period of two years following EPA's final interim approval of the
program. There are four technical mistakes in the PROGRAM regulation
that could confuse the regulated community concerning DEP's intent in
implementing the PROGRAM. When Massachusetts makes the following
changes EPA will grant the PROGRAM full approval:
1. In Appendix C(8)(b)4., the program regulation extends the permit
shield to all administrative amendments, including those that receive
no public or EPA review. EPA's rule extends the permit shield only to
those administrative amendments that have previously been reviewed in
an ``enhanced'' new source review program with requirements
substantially equivalent to the significant permit modification
process. 40 CFR 70.7(d)(4). The permit shield should not extend to all
administrative amendments. This is a technical error in the PROGRAM
regulation and DEP has agreed to delete this section of their
regulations.
2. In Appendix C(7)(b)3.e., the program regulation provides that a
notice of an operational flexibility change made pursuant to an intra-
facility emissions trading plan may include notice of ``[a]ny permit
term or condition that is no longer applicable as a result of the
change.'' Changes made pursuant to an intra-facility emissions trading
plan must be provided for in the permit, and such plans provide no
authority to render permit conditions inapplicable through a simple
notice. 40 CFR 70.4(b)(12)(iii)(A). The DEP agrees with this
interpretation. It does not intend during the interim program to allow
sources to violate conditions of the permit using a notice under a
trading plan. Therefore, DEP has agreed to remove this section of their
regulation.
3. In Appendix C(4)(a)5., the program regulation requires ``new
construction'' to apply for an operating permit within one year of
commencing operation, but it does not clearly cover sources that become
major without any new construction, for example by relaxing an
emissions cap in a restricted emission status (RES) plan approval. EPA
and DEP agree that such sources are subject to the program, and that it
is the intent of DEP's regulations to require such facilities to apply
within a year of becoming major sources during the
[[Page 3829]]
interim program. DEP has agreed to revise this provision to clarify the
intent of this requirement.
4. In Appendix C(8)(a)2.b., the program regulation prohibits any
relaxation of monitoring, reporting, or recordkeeping from qualifying
as a minor permit modification. Additionally, in Appendix C(8)(a)3.c.,
the program regulation requires any significant change to such permit
terms to be processed as a significant permit modification. EPA's rule
prohibits all significant changes to monitoring, reporting, or
recordkeeping, whether or not they are characterized as a relaxation,
from being processed as a minor permit modification, because it is
often impossible to tell in advance whether a proposed significant
monitoring change is in fact a relaxation. 40 CFR 70.7(e)(2)(i)(2). DEP
interprets the requirement in its significant permit modification
procedures to be paramount and to require any significant change to
monitoring, etc., to be handled as a significant permit modification,
consistent with EPA's permit modification procedures. DEP has agreed to
revise the operating permit regulations to clarify this matter.
The complete program submittal and the Technical Support Document
(TSD) dated November 6, 1995 entitled ``Technical Support Document--
Massachusetts Operating Permits Program'' are available in the docket
for review. The TSD includes a detailed analysis, including a program
checklist, of how the Commonwealth's program and regulations compare
with EPA's requirements and regulations. The TSD also includes several
important representations from DEP concerning its interpretation of the
intent of their program regulations, on which EPA is relying in finding
the Commonwealth's program substantially equivalent to federal
requirements.
3. Permit Fee Demonstration
Section 502(b)(3) of the Act requires that each permitting
authority collect fees sufficient to cover all reasonable direct and
indirect costs required to develop and administer its title V operating
permit program. Each title V program submittal must contain either a
detailed demonstration of fee adequacy or a demonstration that the fees
collected exceed $25 per ton of actual emissions per year, adjusted
from the August, 1989 consumer price index. The $25 per ton was
presumed by Congress to cover all reasonable direct and indirect costs
to an operating permit program. This minimum amount is referred to as
the ``presumptive minimum.''
Massachusetts has opted to make a presumptive minimum fee
demonstration. In the fee regulation, the Commonwealth proposes a fee-
for-service methodology for calculating the operating permit program
fees for the first four years of the program. This fee is equivalent to
at least the part 70 presumptive minimum fee of $25 per ton of
regulated air pollutants, adjusted per the consumer price index (CPI).
This rate is based on emissions of regulated pollutants excluding
carbon monoxide (CO) capped at 4000 tons per year per pollutant. Using
Massachusetts' fee-for-service approach, the Commonwealth will collect
from $33.84 to $34.50 per ton annually via application and compliance
assurance fees. Massachusetts' average rate is above the presumptive
minimum adjusted by the CPI.
Therefore, Massachusetts has demonstrated that the state is
collecting sufficient permit fees to meet EPA's presumptive minimum
criteria. For more information, see part G of Massachusetts' title V
program.
4. Provisions Implementing the Requirements of Other Titles of the Act
a. Authority and/or Commitments for Section 112 Implementation.
Massachusetts has demonstrated in its title V program submittal
adequate legal authority to implement and enforce all section 112
requirements for hazardous air pollutants through the title V permit.
This legal authority is contained in Massachusetts' enabling
legislation and in regulatory provisions defining ``applicable
requirements'' and stating that the permit must incorporate all
applicable requirements. EPA has determined that this legal authority
is sufficient to allow Massachusetts to issue permits that assure
compliance with all section 112 requirements.
Therefore, EPA will consider that the State of Massachusetts' legal
authority is sufficient to allow the State to issue permits that assure
compliance with all section 112 requirements, and to carry out all
section 112 activities. For further rationale on this interpretation,
please refer to the Technical Support Document referenced above and the
April 13, 1993 guidance memorandum titled ``Title V Program Approval
Criteria for Section 112 Activities,'' signed by John Seitz.
b. Implementation of 112(g) Upon Program Approval. On February 14,
1995 EPA published an interpretive notice (see 60 FR 8333) that
postpones the effective date of section 112(g) until after EPA has
promulgated a rule addressing that provision. The section 112(g)
interpretive notice explains that EPA is still considering whether the
effective date of section 112(g) should be delayed beyond the date of
promulgation of the Federal rule so as to allow states time to adopt
rules implementing the Federal rule, and that EPA will provide for any
such additional delay in the final section 112(g) rulemaking. Unless
and until EPA provides for such an additional postponement of section
112(g) Massachusetts must be able to implement section 112(g) during
the period between promulgation of the Federal section 112(g) rule and
adoption of implementing State regulations. EPA believes that
Massachusetts can utilize its preconstruction permitting program to
serve as a procedural vehicle for implementing section 112(g) rule and
making these requirements Federally enforceable between promulgation of
the Federal section 112(g) rule and adoption of implementing State
regulations. For this reason, EPA is approving Massachusetts'
preconstruction permitting program found in 310 CMR 7.02 ``Plan
Approval and Emission Limitations'' under the authority of title V and
part 70 solely for the purpose of implementing section 112(g) during
the transition period between title V approval and adoption of a State
rule implementing EPA's section 112(g) regulations.
Since the approval would be for the single purpose of providing a
mechanism to implement section 112(g) during the transition period, the
approval would be without effect if EPA decides in the final section
112(g) rule that sources are not subject to the requirements of the
rule until State regulations are adopted. Also, since the approval
would be for the limited purpose of allowing the State sufficient time
to adopt regulations, EPA is limiting the duration of the approval to
18 months following promulgation by EPA of its section 112(g) rule.
c. Program for Straight Delegation of Sections 111 and 112
Standards. Requirements for operating permit program approval,
specified in 40 CFR 70.4(b), encompass section 112(l)(5) requirements
for approval of a program for delegation of section 112 General
Provision Subpart A and standards as promulgated by EPA as they apply
to part 70 sources. Section 112(l)(5) requires that the State's program
contain adequate authorities, adequate resources for implementation,
and an expeditious compliance schedule, which are also requirements
under part 70. Therefore, the EPA is also granting approval under
section 112(l)(5) and 40 CFR 63.91 of
[[Page 3830]]
the State's program for receiving delegation of section 112 standards
that are unchanged from the Federal standards as promulgated, and
section 112 infrastructure programs such as those programs authorized
under sections 112(i)(5), 112(g), 112(j) and 112(r) to the extent they
apply to sources subject to 310 CMR 7.00 Appendix C. EPA is
reconfirming the 40 CFR part 60 and 61 standards currently delegated to
Massachusetts as indicated in Table I.2 EPA is also reconfirming
delegation of 40 CFR part 60 standards to the extent they apply to
sources subject to 310 CMR 7.00 Appendix C as indicated in Table II. In
addition, EPA is proposing to delegate all future 40 CFR parts 60, 61
and 63 standards to the extent they apply to sources subject to 310 CMR
7.00 Appendix C.3 EPA is delegating the 40 CFR part 63 standards
as indicated in Table III to the extent they apply to sources subject
to 310 CMR 7.00 Appendix C.
\2\ Please note that federal rulemaking is not required for
delegation of section 111 standards.
\3\ The radionuclide National Emission Standards for Hazardous
Air Pollutant (NESHAP) is a section 112 regulation and therefore,
also an applicable requirement under the State operating permits
program for part 70 sources. There is not yet a Federal definition
of ``major'' for radionuclide sources. Therefore, until a major
source definition for radionuclide is promulgated, no source would
be a major section 112 source solely due to its radionuclide
emissions. However, a radionuclide source may, in the interim, be a
major source under part 70 for another reason, thus requiring a part
70 permit. The EPA will work with the State in the development of
its radionuclide program to ensure that permits are issued in a
timely manner.
---------------------------------------------------------------------------
Massachusetts has informed EPA that it intends to accept future
delegation of section 111 and 112 standards by checking the appropriate
boxes on a standardized checklist. The checklist will list applicable
regulations and will be sent by the EPA Regional Office to
Massachusetts. Massachusetts will accept delegation by checking the
appropriate box and returning the checklist to EPA Region I. The
details of this delegation mechanism are set forth in the November 28,
1995, Memorandum of Agreement between Massachusetts and EPA. This
program applies to both existing and future standards but is limited to
sources covered by the part 70 program. The original delegation
agreement between EPA and Massachusetts was set forth in a letter from
Kenneth Hagg dated June 25, 1982.
d. Commitment to implement title IV of the ACT. Massachusetts has
committed to take action, following promulgation by EPA of regulations
implementing section 407 and 410 of the Act, or revisions to either
part 72, 74, or 76 or the regulations implementing section 407 or 410,
to either incorporate by reference or submit, for EPA approval,
Massachusetts Department of Environmental Protection (DEP) regulations
implementing these provisions.
B. Final Action
The EPA is promulgating interim approval to the operating permits
program submitted to EPA by the Commonwealth of Massachusetts on April
28, 1995. After promulgation, the Commonwealth must make the changes
listed above to receive full approval. This interim approval, which may
not be renewed, extends for a period of up to 2 years. During the
interim approval period, the Commonwealth is protected from sanctions
for failure to have a program, and EPA is not obligated to promulgate a
Federal permits program in the Commonwealth. Permits issued under a
program with interim approval have full standing with respect to Part
70, and the 1-year time period under the Act for submittal of permit
applications by subject sources begins upon interim approval, as does
the 3-year time period for processing the initial permit applications.
The scope of the Commonwealth of Massachusetts' part 70 program
that EPA is approving in this notice would apply to all part 70 sources
(as defined in the approved program) within the Commonwealth of
Massachusetts, except any sources of air pollution over which an Indian
Tribe has jurisdiction. See, e.g., 59 FR 55813, 55815-18 (Nov. 9,
1994). The term ``Indian Tribe'' is defined under the Act as ``any
Indian tribe, band, nation, or other organized group or community,
including any Alaska Native village, which is Federally recognized as
eligible for the special programs and services provided by the United
States to Indians because of their status as Indians.'' See section
302(r) of the CAA; see also 59 FR 43956, 43962 (Aug. 25, 1994); 58 FR
54364 (Oct. 21, 1993).
Requirements for approval, specified in 40 CFR 70.4(b), encompass
section 112(l)(5) requirements for approval of a program for delegation
of section 112 standards as promulgated by EPA as they apply to Part 70
sources. Section 112(l)(5) requires that the State's program contain
adequate authorities, adequate resources for implementation, and an
expeditious compliance schedule, which are also requirements under Part
70. Therefore, the EPA is also granting approval under section
112(l)(5) and 40 CFR 63.91 of the State's program for receiving
delegation of section 112 standards that are unchanged from Federal
standards as promulgated. This program for delegations only applies to
sources covered by the Part 70 program.
III. Administrative Requirements
A. Opportunity for Public Comments
In a related notice in the Proposed Rule section the EPA is
providing an opportunity for comments on all aspects of this final
rule. Copies of the State's submittal and other information relied upon
for the interim approval are contained in a docket maintained at the
EPA Regional Office. The docket is an organized and complete file of
all the information submitted to, or otherwise considered by, EPA in
the development of this interim approval. The principal purposes of the
docket are:
(1) To allow interested parties a means to identify and locate
documents so that they can effectively participate in the approval
process, and
(2) To serve as the record in case of judicial review. The EPA will
consider any comments received by March 4, 1996.
B. Executive Order 12866
The Office of Management and Budget has exempted this action from
Executive Order 12866 review.
C. Regulatory Flexibility Act
The EPA's actions under section 502 of the Act do not create any
new requirements, but simply address operating permits programs
submitted to satisfy the requirements of 40 CFR Part 70. Because this
action does not impose any new requirements, it does not have a
significant impact on a substantial number of small entities.
D. Unfunded Mandates
Under Section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
costs to State, local, or tribal governments in the aggregate; or to
the private sector, of $100 million or more. Under Section 205, EPA
must select the most cost-effective and least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 requires EPA to establish a plan
for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
EPA has determined that the action promulgated today does not
include a Federal mandate that may result in
[[Page 3831]]
estimated costs of $100 million or more to either State, local, or
tribal governments in the aggregate, or to the private sector. This
Federal action approves preexisting requirements under State or local
law, and imposes no new Federal requirements. Accordingly, no
additional costs to State, local, or tribal governments, or to the
private sector, result from this action.
List of Subjects in 40 CFR Part 70
Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Operating permits,
Reporting and recordkeeping requirements.
Dated: November 28, 1995.
John P. DeVillars,
Regional Administrator, Region I.
Table I.--Reconfirmation of Part 60 and 61 Delegations
------------------------------------------------------------------------
------------------------------------------------------------------------
PART 60 SUBPART CATEGORIES
D.................................... FOSSIL-FUEL FIRED STEAM
GENERATORS.
Da................................... ELECTRIC UTILITY STEAM
GENERATORS.
E.................................... INCINERATORS.
F.................................... PORTLAND CEMENT PLANTS.
G.................................... NITRIC ACID PLANTS.
H.................................... SULFURIC ACID PLANTS.
I.................................... ASPHALT CONCRETE PLANTS.
J.................................... PETROLEUM REFINERIES.
K.................................... PETROLEUM LIQUID STORAGE VESSELS.
Ka................................... PETROLEUM LIQUID STORAGE VESSELS.
L.................................... SECONDARY LEAD SMELTERS.
M.................................... SECONDARY BRASS AND BRONZE
PRODUCTION PLANTS.
N.................................... BASIC OXYGEN PROCESS FURNACES
PRIMARY EMISSIONS.
O.................................... SEWAGE TREATMENT PLANTS.
P.................................... PRIMARY COPPER SMELTERS.
Q.................................... PRIMARY ZINC SMELTERS.
R.................................... PRIMARY LEAD SMELTERS.
S.................................... PRIMARY ALUMINUM REDUCTION.
T.................................... PHOSPHATE FERTILIZER WET PROCESS.
U.................................... PHOSPHATE FERTILIZER-
SUPERPHOSPHORIC ACID.
V.................................... PHOSPHATE FERTILIZER-DIAMMONIUM
PHOSPHATE.
W.................................... PHOSPHATE FERTILIZER TRIPLE
SUPERPHOSPHATE.
X.................................... PHOSPHATE FERTILIZER-GRANULAR
TRIPLE SUPERPHOSPHATE STORAGE.
Y.................................... COAL PREPARATION PLANTS.
Z.................................... FERROALLOY PRODUCTION FACILITIES.
AA................................... STEEL PLANTS-ELECTRIC ARC
FURNACES.
BB................................... KRAFT PULP MILLS.
CC................................... GLASS MANUFACTURING PLANTS.
DD................................... GRAIN ELEVATORS.
EE................................... SURFACE COATING OF METAL
FURNITURE.
GG................................... STATIONARY GAS TURBINES.
HH................................... LIME MANUFACTURING PLANTS.
KK................................... LEAD-ACID BATTERY MANUFACTURING.
MM................................... AUTO & LIGHT TRUCK SURFACE
COATING OPERATIONS.
NN................................... PHOSPHATE ROCK PLANTS.
PP................................... AMMONIUM SULFATE MANUFACTURING.
QQ................................... GRAPHIC ARTS-ROTOGRAVURE
PRINTING.
RR................................... TAPE AND LABEL SURFACE COATINGS.
SS................................... SURFACE COATING: LARGE
APPLIANCES.
TT................................... METAL COIL SURFACE COATING.
UU................................... ASPHALT PROCESSING ROOFING.
WW................................... BEVERAGE CAN SURFACE COATING.
XX................................... BULK GASOLINE TERMINALS.
FFF.................................. FLEXIBLE VINYL AND URETHAN
COATING AND PRINTING.
HHH.................................. SYNTHETIC FIBER PRODUCTION.
JJJ.................................. PETROLEUM DRY CLEANERS.
PART 61 SUBPART CATEGORIES
C.................................... BERYLLIUM.
D.................................... BERYLLIUM-ROCKET MOTOR.
E.................................... MERCURY.
F.................................... VINYL CHLORIDE.
M.................................... ASBESTOS.
N.................................... ARSENIC-GLASS MANUFACTURING.
------------------------------------------------------------------------
Table II.--Reconfirmation of Part 60 Delegations as They Apply to
Massachusetts Title V Operating Permits Program
------------------------------------------------------------------------
------------------------------------------------------------------------
PART 60 SUBPART CATEGORIES
Db................................... INDUSTRIAL- COMMERCIAL-
INSTITUTIONAL STEAM GENERATING
UNIT.
Dc................................... SMALL INDUSTRIAL-COMMERCIAL-
INSTITUTIONAL STEAM GENERATING
UNITS.
Ea................................... MUNICIPAL WASTE COMBUSTORS.
[[Page 3832]]
Kb................................... PETROLEUM LIQUID STORAGE VESSELS
7/23/84.
AAa.................................. ELECTRIC ARC FURNACES AND ARGON-
OXYGEN DECARBURIZATION.
VV................................... EQUIPMENT LEAKS OF VOC IN SOCMI.
DDD.................................. VOC EMISSIONS FROM POLYMER
MANUFACTURING INDUSTRY.
III.................................. VOC FROM SOCMI AIR OXIDATION
UNIT.
NNN.................................. VOC FROM SOCMI DISTILLATION.
OOO.................................. NONMETALLIC MINERAL PLANTS.
PPP.................................. WOOL FIBERGLASS INSULATION.
RRR.................................. VOC EMISSIONS FROM SOCMI PROCESS.
SSS.................................. MAGNETIC TAPE COATING.
TTT.................................. SURFACE COATING OF PLASTIC PARTS
FOR BUSINESS MACHINES.
UUU.................................. CALCINERS & DRYERS IN THE MINERAL
INDUSTRY.
VVV.................................. POLYMERIC COATING OF SUPPORTING
SUBSTRATES.
------------------------------------------------------------------------
Table III.--Delegation of Part 63 Standards as They Apply to
Massachusetts Title V Operating Permits Program
------------------------------------------------------------------------
------------------------------------------------------------------------
PART 63 SUBPART CATEGORIES
A.................................... General Provisions.
F.................................... National Emission Standards for
Organic Hazardous Air Pollutants
From the Synthetic Organic
Chemical Manufacturing Industry.
G.................................... National Emission Standards for
Organic Hazardous Air Pollutants
From the Synthetic Organic
Chemical Manufacturing Industry
Process Vents, Storage Vessels,
Transfer Operations, and
Wastewater.
H.................................... National Emission Standards for
Organic Hazardous Air Pollutants
for Equipment Leaks.
I.................................... National Emission Standards for
Organic Hazardous Air Pollutants
for Certain Processes Subject to
the Negotiated Regulation for
Equipment Leaks.
M.................................... National Perchloroethylene Air
Emission Standards for Dry
Cleaning Facilities.
N.................................... National Emission Standards for
Chromium Emissions from Hard and
Decorative Electroplating and
Chromium Anodizing Tanks.
O.................................... Ethylene Oxide Emission Standards
for Sterilization Facilities.
Q.................................... National Emission Standards for
Hazardous Air Pollutants for
Industrial Cooling Towers.
R.................................... National Emission Standards for
Organic Hazardous Air Pollutants
for Source Categories: Gasoline
Distribution (Stage I).
T.................................... National Emission Standards for
Halogenated Solvent Cleaning.
W.................................... National Emission Standards for
Organic Hazardous Air Pollutants
for Epoxy Resins Production and
Non-Nylon Polyamides Production.
X.................................... National Emission Standards for
Organic Hazardous Air Pollutants
from Secondary Lead Smelting.
EE................................... National Emission Standards for
Magnetic Tape Manufacturing
Operations.
------------------------------------------------------------------------
Part 70, title 40 of the Code of Federal Regulations is amended as
follows:
PART 70--[AMENDED]
1. The authority citation for part 70 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
2. Appendix A to part 70 is amended by adding the entry for
Massachusetts in alphabetical order to read as follows:
Appendix A to Part 70--Approval Status of State and Local Operating
Permits Programs
* * * * *
Massachusetts
(a) Department of Environmental Protection: submitted on April 28,
1995; interim approval effective on March 4, 1996; interim approval
expires March 2, 1998.
(b) (Reserved)
* * * * *
[FR Doc. 96-2248 Filed 2-1-96; 8:45 am]
BILLING CODE 6560-50-P
Complete official Federal Register PDF
FR Doc. 96-2231 Prohibition on Gasoline Containing Lead or Lead Additives for Highway Use
[Federal Register Volume 61, Number 23 (Friday, February 2, 1996)]
[Rules and Regulations]
[Pages 3832-3838]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2231]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 80
[FRL-5412-1]
RIN 2060-AD55
Prohibition on Gasoline Containing Lead or Lead Additives for
Highway Use
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Clean Air Act prohibits the introduction of gasoline
containing lead or lead additives into commerce for use as a motor
vehicle fuel after December 31, 1995. In today's action, EPA revises
its regulations regarding gasoline so as to prohibit the introduction
of gasoline which is produced with the use of any lead additive, or
contains more than 0.05 gram of lead per gallon, into commerce for use
as motor vehicle fuel effective January 1, 1996, remove existing
regulatory provisions which will no longer be necessary as a result of
this ban, and modify other provisions to reflect the institution of
this ban. Among the provisions deleted are recordkeeping and reporting
requirements for refiners and importers, and the requirement that motor
vehicle manufacturers place ``unleaded fuel only'' labels on the
dashboard and on or around the fuel filler inlet area of each motor
vehicle produced. EPA believes that continuance of the provisions
deleted by this rule would pose needless costs on industry in light of
the ban.
In the proposed rules Section of today's Federal Register, EPA is
proposing to issue a regulatory ban on the introduction of gasoline
which is produced with the use of any lead additive, or contains more
than 0.05 gram of lead per gallon, into commerce for use as a motor
vehicle fuel effective January 1, 1996, and to remove existing
regulatory provisions which will no longer be necessary as a result of
this ban, and modify other provisions to reflect the institution of
this ban. If adverse comment or a request for an opportunity for a
public hearing is
[[Page 3833]]
received on this direct final rule, EPA will withdraw the direct final
rule and address the comments received in a subsequent final rule on
the related proposed rule. No additional opportunity for public comment
on the leaded gasoline prohibition and related regulatory changes will
be provided.
The statutory ban goes into effect as of January 1, 1996, whether
or not EPA amends its regulations by January 1, 1996 to incorporate the
statutory ban on the introduction of gasoline containing lead or lead
additivies into commerce for use as motor vehicle fuel.
DATES: This action will become effective on March 4, 1996 unless notice
is received by February 20, 1996 from someone who wishes to submit
adverse comment or request an opportunity for a public hearing. If such
notice is received, EPA will withdraw this direct final rule, and a
timely notice will be published in the Federal Register to indicate the
withdrawal.
ADDRESSES: Materials relevant to this rulemaking have been placed in
Docket A-95-13. The docket is located at the U.S. Environmental
Protection Agency, Air Docket Section, 401 M Street, SW., Washington,
DC 20460 in Room M-1500 of Waterside Mall. Documents may be inspected
between the hours of 8:00 a.m. to 5:30 p.m., Monday through Friday. A
reasonable fee may be charged for copying docket material. Those
wishing to notify EPA of their intent to submit adverse comment or
request an opportunity for a public hearing on this action should
contact Paulina Chen, U.S. Environmental Protection Agency, Office of
Air and Radiation, (202) 233-9031.
FOR FURTHER INFORMATION CONTACT: Paulina Chen, U.S. Environmental
Protection Agency, Office of Air and Radiation, (202) 233-9031.
SUPPLEMENTARY INFORMATION: A copy of this action is available on the
OAQPS Technology Transfer Network Bulletin Board System (TTNBBS). The
TTNBBS can be accessed with a dial-in phone line and a high-speed modem
(PH# 919-541-5742). The parity of your modem should be set to none, the
data bits to 8, and the stop bits to 1. Either a 1200, 2400, 9600,
14.4K, or 28.8K baud modem should be used. When first signing on, the
user will be required to answer some basic informational questions for
registration purposes. After completing the registration process,
proceed through the following series of menus:
(M) OMS
(K) Rulemaking and Reporting
(3) Fuels
(8) Leaded fuel and engine bans
Today's action will be in the form of a ZIP file and can be
identified by the following title: LEADBAN.ZIP. To download this file,
type the instructions below and transfer according to the appropriate
software on your computer: ownload, rotocol, xamine, ew,
ist, or elp Selection or to exit: D filename.zip.
You will be given a list of transfer protocols from which you must
choose one that matches with the terminal software on your own
computer. The software should then be opened and directed to receive
the file using the same protocol. Programs and instructions for de-
archiving compressed files can be found via ystems Utilities from
the top menu, under rchivers/de-archivers. Please note that due to
differences between the software used to develop the document and the
software into which the document may be downloaded, changes in format,
page length, etc. may occur.
I. Introduction
A. Background
In the early 1970s, EPA issued regulations regarding lead in
gasoline in order to accomplish two purposes. First, EPA issued
regulations designed to ensure the availability of unleaded gasoline
for use in motor vehicles equipped with emission control systems such
as catalytic converters. EPA had determined that lead additives would
impair to a significant degree the performance of emission control
systems. 38 FR 1254 (Jan. 10, 1973). Second, EPA issued regulations
designed to gradually reduce the content of lead in leaded gasoline,
because EPA found that lead particle emissions from motor vehicles
presented a significant risk of harm to the health of urban
populations, especially children. 38 FR 33734 (Dec. 6, 1973).
The first category of regulations, which were designed to ensure
the availability of unleaded gasoline, defined unleaded gasoline as
gasoline containing not more than 0.05 gram of lead per gallon and not
more than 0.005 gram of phosphorus per gallon. 38 FR at 1255. The
Agency allowed up to 0.05 gram of lead per gallon in unleaded gasoline
because it determined this maximum trace level would provide adequate
protection for catalyst emission control devices and would be
practicable for the petroleum industry. 38 FR 1254. The current
definition of unleaded gasoline still allows for trace amounts of lead
up to 0.05 gram per gallon but expressly prohibits the use of any lead
additive in the production of unleaded gasoline. 40 C.F.R. 80.2(g).
The same 1973 regulations also limited phosphorus in unleaded
gasoline to 0.005 gram per gallon or less, because the Agency found
this maximum, set at trace levels, was necessary to prevent catalyst
deterioration in emission control systems. 38 FR 1254-55. The current
definition of unleaded gasoline still limits phosphorus to no more than
0.005 gram per gallon. 40 C.F.R. 80.2(g).
In 1973, EPA also instituted the lead phasedown program designed to
minimize the lead content of leaded gasoline. Through an orderly phase
out, including banking and trading of lead credits, and through
aggressive enforcement, the lead phasedown program was successful. By
1988, it was estimated that total lead usage in gasoline had been
reduced to less than one percent of the amount of lead used in the peak
year of 1970.1 The remaining uses of leaded gasoline in motor
vehicles are predominantly in rural areas.
\1\ Persons interested in detailed historical information may
refer to the following Federal Register notices: ``Regulation of
Fuel Additives--Advanced Notice of Proposed Rulemaking,'' 36 FR 1486
(January 30, 1971); ``Regulation of Fuels and Fuel Additives--Notice
of Proposed Rulemaking,'' 37 FR 3882 (February 23, 1972);
``Regulation of Fuels and Fuel Additives--Notice of Proposed
Rulemaking,'' 38 FR 1254 (January 10, 1973); ``Proposed Rulemaking
Concerning Availability of Unleaded Gas,'' 38 FR 28301 (October 12,
1973); ``Control of Lead Additives in Gasoline,'' 38 FR 33734
(December 6, 1973); ``Fuels and Fuel Additives--Suspension of
Enforcement of Regulations for Control of Lead Additives in
Gasoline,'' 40 FR 7480 (February 20, 1975); ``Fuels and Fuel
Additives--Lifting of Suspension of Enforcement of Regulations for
Control of Lead Additives in Gasoline,'' 41 FR 13984 (April 1,
1976); ``Regulation of Fuel and Fuel Additives--Lifting of
Suspension of Enforcement of Regulation Additives in Gasoline,'' 41
FR 28352 (July 9, 1976); ``Regulation of Fuels and Fuel Additives--
Control of Lead Additives in Gasoline,'' 41 FR 42675 (September 28,
1976); ``Lead Additives in Gasoline: Controls on Refiners,
Clarifications and Response to Public Comments,'' 41 FR 55646
(December 21, 1976); ``Regulation of Fuels and Fuel Additives: Small
Refinery Amendment--Final Rulemaking,'' 44 FR 46275 (August 7,
1979); ``Controls Applicable to Gasoline Refiners; Lead Phase-Down
Regulations--Notice of Proposed Rulemaking,'' 45 FR 3722. Also see:
``Regulation of Fuels and Fuel Additives--Proposed Rule,'' 47 FR
7812 (February 22, 1982); ``Regulation of Fuels and Fuel Additives--
Withdrawal of Proposed Rule,'' 47 FR 38070 (August 27, 1982);
``Regulation of Fuels and Fuel Additives--Final Rule,'' 47 FR 49322
(October 29, 1982).
---------------------------------------------------------------------------
B. Statutory Authority
In 1990 Congress added section 211(n) to the Clean Air Act, which
provides as follows:
After December 31, 1995, it shall be unlawful for any person to
sell, offer for sale, supply, offer for supply, dispense, transport,
[[Page 3834]]
or introduce into commerce, for use as fuel in any motor vehicle (as
defined in section 7554(2) of this title) any gasoline which
contains lead or lead additives.
42 U.S.C. 7545(n). The term ``motor vehicle'' is defined to include any
self-propelled vehicle designed for transporting persons or property on
a street or highway. 42 U.S.C. 7550(2).\2\
\2\ Section 211(n) of the Clean Air Act refers to the definition
of motor vehicle in 42 U.S.C. 7554(2), but the definition appears in
section 7550(2) (section 7554 pertains to urban bus standards). EPA
believes that section 211(n) contains a typographical error and that
Congress intended to refer to the definition of motor vehicle that
appears in 42 U.S.C. 7550(2).
---------------------------------------------------------------------------
Section 211(n)'s prohibition will become effective January 1, 1996.
By this action, EPA is incorporating the statutory ban into the
agency's existing regulations on the lead content of gasoline, and is
simplifying the existing regulations accordingly. In so doing, EPA had
to determine whether Congress specifically intended in section 211(n)
to ban the introduction into commerce for use in motor vehicles of
gasoline which contains even a trace amount of lead, or whether this
prohibition could reasonably be interpreted as authorizing the
continued sale of unleaded gasoline which includes the trace amount of
lead currently allowed under EPA's regulations.
As EPA interprets the statutory ban, it prohibits the sale of
gasoline which is produced with the use of any lead additive or
contains more than a trace amount of lead, but allows the continued
sale of gasoline which meets EPA's current definition of unleaded
gasoline. EPA has historically defined unleaded gasoline as gasoline
that is produced without the use of any lead additive and that contains
no more than 0.05 gram of lead per gallon.\3\ EPA interprets section
211(n) this way for the following reasons.
\3\ The regulatory definition of ``unleaded gasoline'' also
contains a cap on the amount of phosphorus, see 40 CFR 80.2(g), but
the phosphorus cap is not relevant to the discussion of section
211(n).
---------------------------------------------------------------------------
Unleaded gasoline that was produced without lead additives may pick
up trace amounts of lead as it passes through refinery and transport
systems that had previously contained leaded gasoline. The language of
section 211(n) indicates no clear Congressional intent regarding such
trace amounts of lead that unintentionally exist in gasoline which was
produced without the use of lead additives. Had Congress wanted to ban
even unintentional, trace amounts of lead, it could have made its
intent clear with, for example, statutory language banning gasoline
that ``contains any lead or lead additives.''
While the text of section 211(n) is ambiguous, its heading and the
heading of section 220 of the 1990 amendments, which added section
211(n) to the Clean Air Act, suggest that Congress intended to ban the
use in motor vehicles of leaded gasoline, which EPA has historically
defined as gasoline that is produced with the use of a lead additive or
that contains more than 0.05 gram of lead per gallon. See 40 CFR
80.2(f). Where headings are enacted by Congress in conjunction with the
statutory text and the meaning of the text is ambiguous, headings may
help elucidate congressional intent. E.g., United States v. Wallington,
889 F.2d 573, 577 (5th Cir. 1989). In this instance, the heading of
section 220 of the 1990 amendments reads ``Lead Phasedown'' while the
heading of section 211(n) reads ``Prohibition on Leaded Gasoline for
Highway Use.'' Clean Air Act Amendments of 1990, Pub. L. No. 101-549,
Sec. 220, 104 Stat. ____, 2500 (1990). Since it is presumed that
Congress was familiar with EPA's existing regulations implementing the
phasedown of lead in leaded gasoline,\4\ these headings suggest that
Congress intended to complete the lead phasedown program by banning the
use in motor vehicles after 1995 of gasoline that is produced with the
use of a lead additive or that contains more than 0.05 gram of lead per
gallon.
\4\ Congress is presumed to be familiar with an agency's
construction of the existing provisions of a statute when Congress
amends the statute. N. Singer, Sutherland Statutes and Statutory
Construction, Sec. 22.35 (5th Ed. 1992).
---------------------------------------------------------------------------
The legislative history of the Clean Air Act Amendments of 1990
supports this interpretation of Congress's intent in adding section
211(n) to the Clean Air Act. While the conference report for the 1990
amendments contains no explanation of section 220, the ``Chafee-Baucus
Statement of Senate Managers,'' which was included in the Congressional
Record at the request of Senators Chafee and Baucus to supplement the
conference report, describes the provision as banning ``the sale of
leaded gasoline * * *.'' 136 Cong. Rec. S16,938 (Oct. 27, 1990). This
evidence supports EPA's conclusion that section 211(n) may reasonably
be interpreted as banning in 1996 the introduction into commerce for
use as a motor vehicle fuel all gasoline that is produced with the use
of any lead additive or that contains more than 0.05 gram lead per
gallon. See Chevron, USA v. NRDC, 467 U.S. 837 (1984).
EPA originally issued regulations mandating the availability of
unleaded gasoline for use in motor vehicles containing catalytic
converters or similar emission control devices under section 211(c) of
the Clean Air Act, which authorizes the Administrator to control the
manufacture, introduction into commerce, offering for sale, or sale of
any fuel additive for use in a motor vehicle if the emission products
of such additive will impair to a significant degree the performance of
any emission control device. 42 U.S.C. 7545(c)(1). The definition of
``unleaded gasoline'' which EPA finalized at that time and which
remains in effect today includes a phosphorus cap of not more than
0.005 gram per gallon because phosphorus above this trace level could
cause catalyst deterioration in emission control systems. EPA's actions
in this rule do not change its prior exercise of authority under
section 211(c) to control the amount of phosphorus in gasoline.
EPA also promulgates this final rule pursuant to its authority
under section 301(a) of the Clean Air Act, 42 U.S.C. 7601(a).
C. Availability of Gasoline Containing Lead or Lead Additives for Uses
Other Than as Motor Vehicle Fuel
Section 211(n) bans the use of gasoline containing lead or lead
additives for use as a motor vehicle fuel but does not restrict other
potential uses of gasoline containing lead or lead additives. The
definition of motor vehicle is limited to self-propelled vehicles
designed for transporting persons or property on a street or highway.
42 U.S.C. 7550(2). The regulations of 40 CFR Part 80, which are amended
by this rule, apply only to fuel that is sold for use in motor
vehicles. See 40 CFR 80.2(c). The petroleum industry may continue to
make and market gasoline produced with lead additives for all remaining
uses, including use as fuel in aircraft, racing cars, and nonroad
engines such as farm equipment engines and marine engines, to the
extent otherwise allowed by law.
II. Description of Today's Rule
Today's direct final rule amends 40 CFR Part 80 to prohibit the
introduction into commerce for use as a motor vehicle fuel after
December 31, 1995 of gasoline which is produced with the use of any
lead additive, or contains more than 0.05 gram of lead per gallon, in
accordance with section 211(n) of the Clean Air Act. Because the
existing regulations at 40 CFR Part 80 currently allow the sale of
leaded gasoline for use as a motor vehicle fuel, and the prohibition in
Section 211(n) makes some of Part 80's requirements unnecessary, this
rule also deletes the provisions which are no longer needed, and
modifies other provisions to reflect the institution of the ban.
[[Page 3835]]
A detailed description of this rule's changes to 40 CFR Part 80 is
offered below. This rule becomes effective on March 4, 1996 and all
changes discussed below become effective on that date.
A. Prohibition on the Sale of Gasoline Which is Produced With the Use
of Any Lead Additive or Contains More Than 0.05 Gram of Lead Per Gallon
In accordance with the statutory ban set forth in section 211(n) of
the Clean Air Act, this rule adds a paragraph (b) to section 80.22 that
prohibits introducing into commerce for use as fuel in motor vehicles
gasoline which is produced with the use of any lead additive or
contains more than 0.05 gram of lead per gallon. As explained above,
EPA will permit an unintentional trace level of lead in motor vehicle
fuel. Also, the term ``lead additive'' as defined in section 80.2(e)
encompasses pure lead as well as lead compounds, so that the ban in
section 80.22(b) will cover gasoline produced with the use of pure lead
as well as lead compounds.
B. Related Changes
Several of Part 80's existing provisions will become unnecessary
once the statutory ban on the use of gasoline containing lead or lead
additives as a motor vehicle fuel goes into effect on January 1, 1996.
Accordingly, this rule deletes or revises the following provisions
effective March 4, 1996.
Section 80.2(f). Section 80.2(f) currently contains the definition
of leaded gasoline and is deleted. The definition of leaded gasoline is
no longer necessary in regulations relating to motor vehicle fuels once
the statute's ban on using gasoline containing lead or lead additives
as motor vehicle fuel goes into effect.
Section 80.7. Section 80.7 currently explains the extent to which
EPA may require persons to provide information to EPA when EPA has
reason to believe that a violation of section 211(c) of the Clean Air
Act and the regulations thereunder has occurred. This rule amends
section 80.7 to include a reference to violations of section 211(n) of
the Clean Air Act and the regulations thereunder. It also deletes the
reference to labels and signs in section 80.7(c), because these items
will no longer be required under section 80.22 (see discussion of
section 80.22).
Section 80.20. This rule deletes section 80.20 in its entirety.
Section 80.20 contains provisions related to the phasedown of lead
content in gasoline produced for use in motor vehicles which will
become obsolete once the sale of gasoline containing lead or lead
additives for use in motor vehicles is banned. The provisions specify
interim phases of lead reduction, reporting requirements for refiners
and importers to show compliance with the lead content restrictions,
and provisions allowing inter-refinery averaging and banking of lead
usage rights.
Section 80.21. This rule deletes section 80.21 in its entirety.
Section 80.21 contains controls applicable to gasoline distributors
similar to the provisions in 80.22. For simplification, these
provisions will be consolidated in the general controls and
prohibitions under 80.22.
Section 80.22. This rule changes the title of section 80.22 to
reflect the consolidation of sections 80.21 and 80.22. The title will
be changed from ``Controls applicable to gasoline retailers and
wholesale purchaser-consumers'' to ``Controls and prohibitions.''
Section 80.22(a). This rule modifies section 80.22(a) to reflect
the simultaneous removal of both the definition of leaded gasoline (see
discussion of section 80.2(f)) and the requirement to label motor
vehicles ``unleaded gasoline only'' (see discussion of section 80.24).
Section 80.22(d) and (e). This rule deletes section 80.22(d), which
requires notices at each gasoline pump stand prohibiting the
introduction of leaded gasoline into motor vehicles designed for
unleaded gasoline. This rule also deletes section 80.22(e), which
requires that gasoline pumps be labelled to identify whether they
contain leaded or unleaded gasoline.
EPA believes that these requirements are no longer necessary to
prevent misfueling. Leaded gasoline has been largely phased out and now
accounts for less than one percent of gasoline sold in urban areas.
EPA's discussions with the gasoline refiners which produced leaded
gasoline in 1995 have revealed that all but one refiner have already
ceased to produce gasoline with the use of lead additives. One refiner
continues to produce leaded fuel for nonroad uses. Many fuel pumps
dispensing gasoline used in nonroad applications are not located at
retailers and wholesale purchaser-consumers, although some fuel pumps
dispensing racing fuel may be located at retailers and wholesale
puchaser-consumers. EPA believes it unlikely that misfueling of motor
vehicles with gasoline which is produced with the use of any lead
additive, or contains more than 0.05 gram of lead per gallon, will
occur at these locations, because such gasoline costs significantly
more than unleaded gasoline. For example, racing fuel currently costs
around five dollars per gallon.
Section 80.22(f). Section 80.22(f) regulates nozzle spout sizes of
pumps dispensing gasoline. First, the dates in this section are
modified to reflect the institution of this ban. Second, paragraph
80.22(f)(1) contains the requirement for the nozzle size of pumps
dispensing leaded gasoline, and this requirement will no longer be
necessary because gasoline containing lead or lead additives will no
longer be permitted to be dispensed into motor vehicles as a result of
the statutory ban. Although leaded fuel will still be available for
nonroad uses, EPA currently does not regulate the nozzle sizes on pumps
dispensing such fuel. Therefore, this rule deletes paragraph
80.22(f)(1). EPA is retaining a nozzle size requirement for dispensing
unleaded gasoline in paragraph 80.22(f)(2) in order to ensure that
nozzles function properly in conjunction with the motor vehicle fuel
inlet restrictors, which must be of a certain size per the requirement
of section 80.24(b).
Sections 80.22(g) and (h). Sections 80.22(g) and (h) refer to
compliance with sections 80.22(e) and (f) for multiple grades of
gasoline. These sections' references to 80.22(e) are irrelevant because
this rule deletes that subsection. With respect to paragraph (f),
section 80.22(g) permits the Administrator to grant an exception to the
requirement of paragraph (f) upon demonstration that alternate
equipment will comply with the objectives of paragraph (f). EPA is not
aware of any exceptions granted under paragraph (g) at this time and
believes the exception authority provided by 80.22(g) is not needed.
According to section 80.22(h), compliance with paragraph (f) is
required for only one grade where there is more than one grade of
unleaded gasoline offered for sale. EPA believes that, to ensure that
the statute's ban is implemented properly, the requirements of
paragraph (f) should apply to each pump dispensing unleaded gasoline.
Therefore, sections 80.22(g) and 80.22(h) are deleted.
Section 80.22(i). Section 80.22(i), which refers to an exemption
from the requirements of section 80.22(b), is deleted. Section 80.22(i)
was inadvertently retained when section 80.22(b) was deleted in a prior
rulemaking and is currently obsolete. The new section 80.22(b) added by
this rule bears no relation to section 80.22(i), and therefore section
80.22(i) must be deleted to avoid confusion.
[[Page 3836]]
Section 80.23. This rule makes three changes to section 80.23,
which currently imposes liability for violations of section 80.22(a).
First, the rule changes the introductory text of section 80.23 to
include liability for violations of the new section 80.22(b), which is
the general provision prohibiting the introduction into commerce for
use as motor vehicle fuel of gasoline which is produced with the use of
any lead additive or contains more than 0.05 grams of lead per gallon.
Second, the rule deletes subparagraph (e)(2) of section 80.23.
Subparagraph (e)(2) offered an ``emergency exemption'' to allow a
retailer or wholesale purchaser-consumer to provide leaded gasoline for
use in a motor vehicle designed to use unleaded gasoline in emergency
situations, such as when a vehicle has an empty tank and no unleaded
gasoline is available within a several mile radius. EPA believes the
continued availability of this exemption not only would be unnecessary
given the scarce availability of gasoline containing lead or lead
additives in comparison to that of unleaded gasoline, but also would be
inconsistent with the intent of section 211(n) to prohibit the
introduction into commerce for use as motor vehicle fuel of gasoline
containing lead or lead additives.
Third, the rule modifies sections 80.23(b)(2)(ii) and (e)(1) to
reflect the simultaneous removal of the definition of leaded gasoline.
Section 80.24. This rule simplifies section 80.24, which contains
requirements applicable to motor vehicles. EPA has determined that
portions of section 80.24 are no longer needed to prevent misfueling
(see discussion of sections 80.22 (d) and (e) above). Accordingly, this
rule deletes section 80.24(a), which requires that ``unleaded gasoline
only'' labels be affixed to the dashboard and fuel filler inlet of each
motor vehicle with an emission control device which will be
significantly impaired by the use of gasoline containing lead or lead
additives. The labels will no longer be necessary once the ban on
fueling motor vehicles with gasoline which is produced with the use of
any lead additive, or contains more than 0.05 grams of lead per gallon,
becomes effective January 1, 1996.
Similarly, section 80.24(b)(1) currently requires that a pump
nozzle dispensing gasoline other than unleaded gasoline must
automatically shut off during attempted refueling into a motor vehicle
equipped with a fuel filler inlet for unleaded gasoline. It is
appropriate to remove this requirement because the requirement was
intended to prevent misfueling and, as stated above (see discussion of
sections 80.22 (d) and (e)) EPA now believes misfueling is unlikely,
making this safeguard against misfueling unnecessary. Section
80.24(b)(2) explains the scope of section 80.24(b)(1). Once section
80.24(b)(1) is removed, it is appropriate to remove section 80.24(b)(2)
as well.
The introductory text of section 80.24 is deleted and the remaining
text of section 80.24(b) is modified so that section 80.24(b)'s tank
filler inlet size requirements apply to all new motor vehicles, and not
just those equipped with an emission control device that would be
significantly impaired by the use of gasoline containing lead or lead
additives. This modification comports with the statutory ban
prohibiting the use of gasoline containing lead or lead additives as a
motor vehicle fuel, by requiring that all new motor vehicles are
equipped with tank filler inlets matching the size of the nozzle on
pumps dispensing unleaded gasoline.
Finally, section 80.24(c) is deleted, because the paragraph
clarifies the term ``emission control device which will be
significantly impaired by the use of leaded gasoline.'' This term is
currently used in the introductory text of section 80.24, but is being
removed as explained above. Therefore, section 80.24(c) no longer
serves any purpose and will be deleted.
Section 80.25. Section 80.25, which requires lead additive
manufacturers to report the amount of lead shipped to refineries, is
deleted in its entirety. These reports are currently utilized to verify
reports submitted by refineries in the lead phasedown program
summarizing the amount of lead used in the production of gasoline.
Section 80.20, which contains provisions related to the lead phasedown
program, is being deleted in today's action (see discussion of section
80.20), making the requirements of section 80.25 unnecessary.
III. Environmental Impact
This rule is expected to have a positive environmental effect by
facilitating smooth implementation of the Clean Air Act prohibition on
gasoline containing lead or lead additives for use in motor vehicles,
which becomes effective after December 31, 1995. This rule marks the
completion of a lead phasedown program which EPA began in 1973 upon
determining that lead particle emissions from motor vehicles presented
a significant risk of harm to the health of urban populations,
especially in children.
IV. Economic Impact
The Regulatory Flexibility Act, 5 U.S.C. 601-612, requires that
Federal Agencies examine the impacts of their regulations on small
entities. The act requires an Agency to prepare a regulatory
flexibility analysis in conjunction with notice and comment rulemaking,
unless the Agency head certifies that the rule will not have a
significant impact on a substantial number of small entities. 5 U.S.C.
605(b). The Administrator certifies that this rule will not have a
significant impact on a substantial number of small entities. This rule
is not expected to result in any additional compliance cost to
regulated parties and, in fact, is expected to decrease compliance
costs for some regulated parties. This decrease in compliance costs is
largely due to the deletion of regulatory requirements no longer
necessary given the Clean Air Act statutory ban on gasoline containing
lead or lead additives for use in motor vehicles. This rule will reduce
compliance costs due to the removal of several reporting, labeling, and
equipment requirements. Owners of vehicles which are designed to
operate on leaded gasoline will not be subject to additional costs as a
result of this ban. Many vehicles designed to use leaded gasoline
currently use unleaded gasoline, which costs significantly less than
leaded gasoline. Lead substitute additives are available for vehicles
which operate under higher loads and require additional protection
against valve seat wear.
V. Effective Date
This action will become effective March 4, 1996, unless EPA
receives notice by February 20, 1996 from someone who wishes to submit
adverse comments or request an opportunity for a public hearing. If EPA
receives such notice, EPA will withdraw this rule and publish timely
notice in the Federal Register of such withdrawal.
VI. Executive Order 12866
Under Executive Order 12866,5 the Agency must determine
whether a regulation 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 result in a
rule that may:
\5\ 58 FR 51735 (October 4, 1993).
---------------------------------------------------------------------------
(1) Have an annual effect on the economy of $100 million or more,
or adversely affect in a material way the
[[Page 3837]]
economy, a sector of the economy, productivity, competition, jobs, the
environment, public health or safety, or State, local or tribal
governments of 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 entitlements, 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
this Executive Order.6
\6\ Id. at section 3(f)(1)-(4).
---------------------------------------------------------------------------
It has been determined that this rule is not a ``significant
regulatory action'' under the terms of Executive Order 12866 and is
therefore not subject to OMB review.
VII. Unfunded Mandates
Under Section 202 of the Unfunded Mandates Reform Act of 1995
(``UMRA''), P.L. 104-4, EPA must prepare a budgetary impact statement
to accompany any general notice of proposed rulemaking or final rule
that includes a Federal mandate which may result in estimated costs to
State, local, or tribal governments in the aggregate, or to the private
sector, of $100 million or more. Under Section 205, for any rule
subject to Section 202 EPA generally must select the least costly, most
cost-effective, or least burdensome alternative that achieves the
objectives of the rule and is consistent with statutory requirements.
Under Section 203, before establishing any regulatory requirements that
may significantly or uniquely affect small governments, EPA must take
steps to inform and advise small governments of the requirements and
enable them to provide input.
EPA has determined that the final rule promulgated today does not
trigger the requirements of UMRA. The rule does not include a Federal
mandate that may result in estimated annual costs to State, local or
tribal governments in the aggregate, or to the private sector, of $100
million or more, and it does not establish regulatory requirements that
may significantly or uniquely affect small governments.
VIII. Judicial Review
Because this action promulgates a prohibition in Section 211 of the
Clean Air Act and is nationally applicable, under Section 307(b)(1) of
the Clean Air Act judicial review of this action is available only by
the filing of a petition for review in the U.S. Court of Appeals for
the D.C. Circuit within sixty days of publication of this action in the
Federal Register, unless EPA withdraws this rule in response to notice
of intent to file adverse comment or request the opportunity for a
public hearing.
List of Subjects in 40 CFR Part 80
Environmental protection, Air pollution control, Fuel additives,
Gasoline, Leaded gasoline, Unleaded gasoline, and Motor vehicle
pollution.
Dated: January 29, 1996.
Carol M. Browner,
Administrator.
PART 80--REGULATION OF FUELS AND FUEL ADDITIVES
1. The authority citation for part 80 continues to read as follows:
Authority: Sections 114, 211 and 301(a) of the Clean Air Act as
amended (42 U.S.C. 7414, 7545, and 7601(a)).
Sec. 80.2 [Amended]
2. Section 80.2 is amended by removing and reserving paragraph (f).
3. Section 80.7 is amended by revising paragraph (a) introductory
text and the first sentence of paragraph (c) to read as follows:
Sec. 80.7 Requests for information.
(a) When the Administrator, the Regional Administrator, or their
delegates have reason to believe that a violation of section 211(c) or
section 211(n) of the Act and the regulations thereunder has occurred,
they may require any refiner, distributor, wholesale purchaser-
consumer, or retailer to report the following information regarding
receipt, transfer, delivery, or sale of gasoline represented to be
unleaded gasoline and to allow the reproduction of such information at
all reasonable times.
* * * * *
(b) * * *
(c) Any refiner, distributor, wholesale purchaser-consumer,
retailer, or importer shall provide such other information as the
Administrator or his authorized representative may reasonably require
to enable him to determine whether such refiner, distributor, wholesale
purchaser-consumer, retailer, or importer has acted or is acting in
compliance with sections 211(c) and 211(n) of the Act and the
regulations thereunder and shall, upon request of the Administrator or
his authorized representative, produce and allow reproduction of any
relevant records at all reasonable times. * * *
Secs. 80.20 and 80.21 [Removed and reserved]
4. Sections 80.20 and 80.21 are removed and reserved.
5. Section 80.22 is amended by revising the title and paragraphs
(a), (f) introductory text, and (f)(2) introductory text by adding
paragraph (b), and by removing and reserving paragraphs (d), (e),
(f)(1), (g), (h) and (i) to read as follows:
Sec. 80.22 Controls and prohibitions.
(a) After December 31, 1995, no person shall sell, offer for sale,
supply, offer for supply, dispense, transport, or introduce into
commerce gasoline represented to be unleaded gasoline unless such
gasoline meets the defined requirements for unleaded gasoline in
Sec. 80.2(g); nor shall he dispense, or cause or allow the gasoline
other than unleaded gasoline to be dispensed into any motor vehicle
which is equipped with a gasoline tank filler inlet which is designed
for the introduction of unleaded gasoline.
(b) After December 31, 1995, no person shall sell, offer for sale,
supply, offer for supply, dispense, transport, or introduce into
commerce for use as fuel in any motor vehicle (as defined in Section
216(2) of the Clean Air Act, 42 U.S.C. 7550(2)), any gasoline which is
produced with the use of lead additives or which contains more than
0.05 gram of lead per gallon.
(c) * * *
* * * * *
(f) Beginning January 1, 1996, every retailer and wholesale
purchaser-consumer shall equip all gasoline pumps as follows:
(1) [Reserved]
(2) Each pump from which unleaded gasoline is dispensed into motor
vehicles shall be equipped with a nozzle spout which meets the
following specifications:
* * * * *
6. Section 80.23 is amended by revising the introductory text and
paragraphs (b)(2)(ii) and (e)(1), and by removing and reserving
paragraph (e)(2) to read as follows:
Sec. 80.23 Liability for violations.
Liability for violations of paragraphs (a) and (b) of Sec. 80.22
shall be determined as follows:
* * * * *
(b)(1) * * *
(2) * * *
(ii) That the violation was caused by an act in violation of law
(other than the Act or this part), or an act of sabotage, vandalism, or
deliberate commingling of gasoline which is produced with the use of
lead additives or phosphorus additives with unleaded gasoline, whether
or not such acts are violations of law in the jurisdiction where the
[[Page 3838]]
violation of the requirements of this part occurred, or
* * * * *
(e)(1) In any case in which a retailer or his employee or agent or
a wholesale purchase-consumer or his employee or agent introduced
gasoline other than unleaded gasoline into a motor vehicle which is
equipped with a gasoline tank filler inlet designed for the
introduction of unleaded gasoline, only the retailer or wholesale
purchaser-consumer shall be deemed in violation.
(2) [Reserved].
7. Section 80.24 is amended by removing the introductory text and
by removing and reserving paragraph (a), and removing paragraph (c),
and by revising paragraph (b) to read as follows:
Sec. 80.24 Controls applicable to motor vehicle manufacturers.
(a) [Reserved].
(b) The manufacturer of any motor vehicle powered with gasoline
shall equip such vehicle with a gasoline tank filler inlet having a
restriction which allows the insertion of a nozzle with a spout meeting
the specifications in Sec. 80.22(f)(2) and which prevents the insertion
of a nozzle of greater size than prescribed in Sec. 80.22(f)(2).
Sec. 80.25 [Removed and reserved]
8. Section 80.25 is removed and reserved.
[FR Doc. 96-2231 Filed 2-1-96; 8:45 am]
BILLING CODE 6560-50-P
Complete official Federal Register PDF
FR Doc. 96-2228 Approval and Promulgation of Air Quality Implementation Plans; Rhode Island; Control of Volatile Organic Chemicals from Automotive Refinishing Operations
[Federal Register Volume 61, Number 23 (Friday, February 2, 1996)]
[Rules and Regulations]
[Pages 3824-3827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2228]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[RI15-1-6954a; A-1-FRL-5329-3]
Approval and Promulgation of Air Quality Implementation Plans;
Rhode Island; Control of Volatile Organic Chemicals from Automotive
Refinishing Operations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the State of Rhode Island. This revision establishes VOC
emission standards for automotive refinishing operations. The intended
effect of this action is to approve a revision to Rhode Island SIP
which reduces VOC emissions from automotive refinishing. This action is
being taken in accordance with Section 183(e) and Section 182(b)(1) of
the Clean Air Act.
DATES: This action is effective April 2, 1996, unless notice is
received by March 4, 1996 that adverse or critical comments will be
submitted. If the effective date is delayed, timely notice will be
published in the Federal Register.
ADDRESSES: Comments may be mailed to Susan Studlien, Deputy Director,
Office of Ecosystems Protection, U.S. Environmental Protection Agency,
Region I, JFK Federal Building, Boston, MA 02203. Copies of the
documents relevant to this action are available for public inspection
during normal business hours, by appointment at the Office of
Ecosystems Protection, U.S. Environmental Protection Agency, Region I,
One Congress Street, 10th floor, Boston, MA; Air and Radiation Docket
and Information Center, U.S. Environmental Protection Agency, 401 M
Street, S.W., (LE-131), Washington, D.C. 20460; and the Division of Air
and Hazardous Materials, Department of Environmental Management, 291
Promenade Street, Providence, RI 02908-5767.
FOR FURTHER INFORMATION CONTACT: Jeanne Cosgrove, (617) 565-3246.
SUPPLEMENTARY INFORMATION: Under section 183(a) of the Clean Air Act,
EPA was required to issue a control techniques guideline (CTG) for the
category of autobody refinishing. However, EPA has instead issued
guidance for this category in the form of an Alternative Control
Technology (ACT) guideline. While the ACT does not define reasonably
available control technology (RACT) standards for autobody refinishing,
it does include three control options with estimates of costs and
emission reductions for each option. In addition to the section 183(a)
requirements, Section 183(e) of the CAA, requires EPA to issue national
VOC emissions standards for consumer and commercial products, which
include automotive refinishing coatings. EPA expects to propose the
national rule for automotive refinishing coatings in early 1996. Rhode
Island decided to adopt rules for autobody refinishing in advance of a
federal rule, to get credit
[[Page 3825]]
for reductions from this category in its 15% plan.
Rhode Island was required to submit, by November 15, 1993, a SIP
revision for Reasonable Further Progress (RFP) for 15% reduction of
VOCs as necessary for moderate areas and above. The entire state of
Rhode Island is classified as serious nonattainment area, therefore the
15% plan must cover the entire state.
On November 24, 1993, the Rhode Island DEP submitted to EPA for
comment, proposed amendments to the SIP to address the RFP requirements
including new Air Pollution Control Regulations No. 30, Control of
Volatile Organic Compounds from Automobile Refinishing Operations.''
Rhode Island held public hearing on December 15, 1993 for its proposed
automotive refinishing rule. EPA submitted written comments regarding
the proposed regulation on December 14, 1993 and January 3, 1994. The
regulation was adopted on March 11, 1994 and became effective on March
31, 1994. Rhode Island submitted their adopted regulation as a formal
SIP submittal to EPA on March 17, 1994. On January 14, 1995, the Rhode
Island DEM submitted to EPA for comment proposed revisions to Air
Pollution Control Regulation 30, ``Control of Volatile Organic
Compounds from Automobile Refinishing Operations.'' Rhode Island held a
public hearing on the revised rule on April 17, 1995. EPA submitted
written comments on the proposed revisions on April 17, 1995. The
regulation became effective on July 17, 1995.
Subsequently, on June 27, 1995, the Rhode Island Department of
Environmental Management (DEM) submitted an amended Air Pollution
Control Regulation Number 30, ``Control of Volatile Organic Compounds
from Automobile Refinishing Operations.'' as a revision to the Rhode
Island SIP. The amended Regulation No. 30 in the June 27, 1995
submittal replaces Rhode Island's March 17, 1994 Regulation No. 30
submittal. The amended regulation changed the emission limit for
primer/primer surfacer coatings applied to Group I vehicles from 3.8
pounds of VOC/gallon of coating applied to 4.8 pounds of VOC/gallon of
coating applied.
The adopted Air Pollution Control Regulation Number 30, ``Control
of Volatile Organic Compounds from Automobile Refinishing Operations''
regulates the VOC content of automotive refinishing products. The
regulation applies to any person who owns, leases, operates or controls
an automotive refinishing facility.
Summary of SIP Revision
The adopted Air Pollution Control Regulation Number 30, ``Control
of Volatile Organic Compounds from Automobile Refinishing Operations,
establishes Reasonably Available Control Technology for all automobile
refinishing facilities. ``Automotive Refinishing'' is defined by Rhode
Island as ``any coating of vehicles, their parts and components, or
mobile equipment, including partial body collision repairs, for the
purpose of protection or beautification and which is subsequent to the
original coating applied at the plant coating assembly line.''
The rule establishes the following RACT emission limits, expressed
as pounds of VOC per gallon of coating and grams of VOC per liter of
coating, excluding water:
Table 1.--Emission Limitations for Automotive Refinishing Operations for
Group I Vehicles
(Passenger Cars, Large/Heavy Duty Truck Cabs and Chassis, Light and
Medium Duty Trucks, Vans, and Motorcycles)
------------------------------------------------------------------------
VOC Emission
Limitation
-----------------------
lb VOC/
gallon
lb VOC/ solids
Type of Coating gallon applied
coating (for
applied facilities
minus which use
water add on
control)
------------------------------------------------------------------------
Pretreatment.................................... 6.5 55.6
Primer/primer Surfacer.......................... 4.8 13.8
Primer Sealer................................... 4.6 12.3
Topcoat......................................... 5.0 15.6
Three or Four-Stage Topcoat..................... 5.2 17.7
Specialty Coating............................... 7.0 143.1
------------------------------------------------------------------------
Table 2.--Emission Limitations for Automotive Refinishing Operations for
Group II vehicles
(Public Transit Buses and Mobile Equipment)
------------------------------------------------------------------------
VOC Emission
Limitation
-----------------------
lb VOC/
gallon
lb VOC/ solids
Type of Coating gallon applied
coating (for
applied facilities
minus which use
water add on
control)
------------------------------------------------------------------------
Pretreatment.................................... 6.5 55.6
Primer/primer Surfacer.......................... 2.8 4.5
Primer Sealer................................... 3.5 6.7
Topcoat......................................... 3.5 6.7
Extreme Performance Coating..................... 6.2 39.3
Specialty Coating............................... 7.0 143.1
------------------------------------------------------------------------
The rule gives facilities the option of complying through the use
of compliant coatings, or by installing a control system which reduces
the total VOC emissions from the facility by 95% or greater as compared
to uncontrolled VOC emissions, or by installing emission control
systems that result in VOC emissions less than or equal to the limits
specified in Tables 1 and 2. The rule also contains the following
provisions:
1. Requirements to store solvent waste material in closed
containers to minimize solvent evaporation;
2. Equipment Requirements that specify the use of High Volume Low
Pressure spray equipment or electrostatic application equipment, or
another type of application equipment that results in a transfer
efficiency of at least 65% and has been approved by the RI DEM. Spray
guns are to be cleaned and solvent is to be stored in a manner that
limits solvent evaporation; and
3. Training, recordkeeping, reporting, registration, compliance
demonstration, and testing requirements.
Facilities were required to comply with the regulation by July 1,
1995.
EPA's evaluation is detailed in a memorandum, entitled ``Technical
Support Document for Rhode Island's Regulation 30, Control of Volatile
Organic Compounds from Automobile Refinishing Operations''.
EPA is publishing this action without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comments. However, in a separate document in this Federal
Register publication, EPA is proposing to approve the SIP revision
should adverse or critical comments be filed. This action will be
effective April 2, 1996 unless adverse or critical comments are
received by March 4, 1996.
If the EPA receives such comments, this action will be withdrawn
before the effective date by simultaneously publishing a subsequent
document that
[[Page 3826]]
will withdraw the final action. All public comments received will then
be addressed in a subsequent final rule based on this action serving as
a proposed rule. The EPA will not institute a second comment period on
this action. Any parties interested in commenting on this action should
do so at this time. If no such comments are received, the public is
advised that this action will be effective on April 2, 1996.
Final Action
EPA is approving Air Pollution Control Regulation No. 30, ``Control
of Volatile Organic Compounds from Automobile Refinishing Operations''.
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. 603 and 604.
Alternatively, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
Under Sections 202, 203, and 205 of the Unfunded Mandates Reform
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22,
1995, EPA must undertake various actions in association with proposed
or final rules that include a Federal mandate that may result in
estimated costs of $100 million or more to the private sector, or to
State, local, or tribal governments in the aggregate.
Through submission of this state implementation plan or plan
revision, the State and any affected local or tribal governments have
elected to adopt the program provided for under Section 183(e) of the
Clean Air Act. These rules may bind State, local and tribal governments
to perform certain actions and also require the private sector to
perform certain duties. To the extent that the rules being approved by
this action will impose no new requirements; such sources are already
subject to these regulations under State law. Accordingly, no
additional costs to State, local, or tribal governments, or to the
private sector, result from this action. EPA has also determined that
this final action does not include a mandate that may result in
estimated costs of $100 million or more to State, local, or tribal
governments in the aggregate or to the private sector.
This action has been classified as a Table 3 action by the Regional
Administrator under the procedures published in the Federal Register on
January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993,
memorandum from Michael H. Shapiro, Acting Assistant Administrator for
Air and Radiation. A future document will inform the general public of
these tables.
The OMB has exempted this action from review under Executive Order
12866.
SIP approvals under section 110 and subchapter I, Part D of the CAA
do not create any new requirements, but simply approve requirements
that the State is already imposing. Therefore, because the federal SIP
approval does not impose any new requirements, I certify that it does
not have a significant impact on any small entities affected. Moreover,
due to the nature of the federal-state relationship under the CAA,
preparation of a regulatory flexibility analysis would constitute
federal inquiry into the economic reasonableness of state action. The
CAA forbids EPA to base its actions concerning SIPs on such grounds.
Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976);
42 U.S.C. Sec. 7410(a)(2).
On January 6, 1989, the Office of Management and Budget (OMB)
waived Table 2 and Table 3 revisions (54 FR 2222) from the requirements
of Section 3 of Executive Order 12291 for a period of two years. EPA
has submitted a request for a permanent waiver for Table 2 and Table 3
SIP revisions. OMB has agreed to continue the temporary waiver until
such time as it rules on EPA's request.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any State implementation plan. Each request for revision to
the State implementation plan shall be considered separately in light
of specific technical, economic, and environmental factors and in
relation to relevant statutory and regulatory requirements.
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by April 2, 1996. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Incorporation by reference, Intergovernmental relations, Ozone,
Reporting and recordkeeping requirements.
Note: Incorporation by reference of the State Implementation
Plan for the State of Rhode Island was approved by the Director of
the Federal Register on July 1, 1982.
Dated: October 16, 1995.
John P. DeVillars,
Regional Administrator, EPA, New England.
Part 52 of chapter I, title 40 of the Code of Federal Regulations
is amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart OO--Rhode Island
2. Section 52.2070 is amended by adding paragraph (c)(44) to read
as follows:
Sec. 52.2070 Identification of plan.
* * * * *
(c) * * *
(44) Revisions to the State Implementation Plan submitted by the
Rhode Island Department of Environmental Management on June 27, 1995.
(i) Incorporation by reference.
(A) Letter from the Rhode Island Department of Environmental
Management dated June 27, 1995 submitting a revision to the Rhode
Island State Implementation Plan.
(B) The following portions of the Rules Governing the Control of
Air Pollution for the State of Rhode Island effective on July 17, 1995:
Air Pollution Control Regulation No. 30, Control of Volatile Organic
Compounds from Automotive Refinishing Operations.
3. In Sec. 52.2081 Table 52.2081 is amended by adding an entry for
state citation No. 30 to read as follows:
Sec. 52.2081 EPA-approved Rhode Island state regulations.
* * * * *
[[Page 3827]]
Table 52.2081.--EPA-Approved Rules and Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
Comments/
State citation Title/subject Date adopted by Date approved by FR citation 52.2070 Unapproved
State EPA sections
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
No. 30.......................... Control of VOC from June 27, 1995...... February 2, 1996.. [Insert FR (c)(44) Control of VOC
Automobile citation from From Automobile
Refinishing published date]. Refinishing
Operations. Operations.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
[FR Doc. 96-2228 Filed 2-1-96; 8:45 am]
BILLING CODE 6560-50-P
Complete official Federal Register PDF
FR Doc. 96-2200 Bidding Systems for Leases in the Outer Continental Shelf
[Federal Register Volume 61, Number 23 (Friday, February 2, 1996)]
[Rules and Regulations]
[Pages 3800-3805]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2200]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Minerals Management Service
30 CFR Parts 206 and 260
RIN 1010-AB93
Bidding Systems for Leases in the Outer Continental Shelf
AGENCY: Minerals Management Service, Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
[[Page 3801]]
SUMMARY: This rule amends the regulations of the Minerals Management
Service (MMS) to modify the bidding systems available for use on tracts
offered for lease under the Outer Continental Shelf Lands Act (OCSLA).
The change gives the Secretary of the Interior more flexibility in
setting the terms of a lease sale. This rule provides four methods of
modifying the existing alternative bidding systems: (1) setting the
minimum prescribed royalty rate charged on Federal offshore leases
below 12\1/2\ per centum but greater than zero per centum; (2)
permitting operating allowances when computing payment obligations
under the lease; (3) suspending or deferring royalty for a specific
time period, volume, or value of production; and (4) expanding the
methods for calculating royalty rates under variable royalty systems to
include product prices, as well as value and amount of production, with
the ability to use different formulas across time periods. The rule
does not affect existing leases.
EFFECTIVE DATE: This rule is effective March 4, 1996.
FOR FURTHER INFORMATION CONTACT:
Dr. Marshall Rose, Chief, Economic Evaluation Branch, telephone (703)
787-1536.
SUPPLEMENTARY INFORMATION: The OCSLA provides authority to modify any
bidding system currently authorized by the Act if the Secretary
determines the modification to be useful to accomplish the purposes and
policies of the Act (section 8(a)(1)).
This final rule is the result of a review of alternative leasing
policies conducted within MMS with input from constituents. The final
rule, like the proposed rule, enables MMS to set royalty terms at the
time of sale for new offshore leases that will adjust automatically to
changing market conditions in the oil and gas industry as lease
exploration, development, and production proceed. Implementation is
expected to increase competition for new Federal offshore leases,
ensure receipt of fair market value, and increase the likelihood that
new leases will be explored and developed.
The new royalty terms will be considered for use in the leasing of
specific types of tracts, such as tracts that can be identified before
a sale containing potential oil and gas resources in reservoirs located
below tabular salt formations. Other categories of tracts that we might
choose to offer under the new terms include tracts with qualifying
wells which have uneconomic reserves or tracts which previously
received high bonus bids but were not explored.
When we choose to use the new bidding terms, MMS may set the
minimum royalty rate at less than 12\1/2\ per centum for all or a part
of the lease's productive life as described in the lease terms portion
of a final notice of sale. The MMS may designate a royalty rate that is
either a fixed constant or varied over the life of the lease or a
royalty rate that emerges or fluctuates as specified conditions are met
(e.g., royalties would not accrue until a designated time period
expires or a specified production level or value is reached, or a
predetermined capital cost allowance is recovered, or royalties would
be reduced during periods of declining average product prices).
Concurrently, with MMS development of this rule, Congress enacted
the Outer Continental Shelf Deep Water Royalty Relief Act (Pub. L. 104-
58, November 28, 1995) which amended the OCSLA to add a new section
8(a)(1)(H) which defines a new bidding system. The new bidding system
prescribes a cash bonus bid with a royalty of no less than 12\1/2\ per
centum and provides for a suspension of royalties for a period, volume,
or value of production determined by the Secretary. Such suspensions
may vary based on the price of production from the lease. Any lease
sale held before November 28, 2000, must use the new bidding system for
all tracts located in water depths of 200 meters or more in the Western
and Central Gulf of Mexico Planning Areas, including that portion of
the Eastern Gulf of Mexico Planning Area west of 87 degrees, 30 minutes
west longitude.
This rule allows MMS to implement this new bidding system. The
proposed rule had included the substance of the required provisions.
Thus, MMS is able to include implementing provisions in this final
rule. We are preparing another rule to implement further details of the
Outer Continental Shelf Deep Water Royalty Relief Act.
Twelve respondents submitted comments during the public comment
period and MMS reviewed and analyzed the comments. The following is a
discussion of the comments received and our response. Each time MMS
announces use of this new bidding rule in a preliminary lease sale
notice, interested parties may submit comments.
Narrative Response to Comments
Comment: Several commenters had specific questions regarding
uncertainty over aspects or terms used in the proposed rule.
Question 1: What would a ``simple price-royalty rate formula'' look
like?
Response: One example of such a formula is a royalty rate of one-
sixth applies if the average oil price is above $18 (per barrel) and
one-eighth if the average price is below $18. Or, the royalty rate
could vary in several discrete increments, or even continuously, as a
function of oil (and perhaps gas) prices prevailing during the life of
the lease.
Question 2a: What does the MMS mean when it suggests it would be
able to ``set royalty terms at time of sale for new leases that will
adjust dynamically to changing market conditions?''
Response: An example of a royalty term that responds automatically
to market conditions would be a royalty rate that depended on gross
lease revenues. As prices declined or production from the lease
decreased, the royalty rate would decline according to conditions
specified in the sale notice, reflecting a lower profit potential on
the lease. Such a system could include a predetermined cost allowance
that would be deducted from gross revenues for the purpose of computing
the net revenue amount, to which the royalty rate would be applied.
Question 2b: How frequently would royalty terms change?
Response: The frequency of change will be specified in the sale
notice and lease. It will depend on both the form of the system and the
variables defined in the sale notice and lease. For example, if MMS
uses an inflation adjustment, the terms could change annually or
monthly according to the specified adjustment factor. If MMS uses a
fixed volume suspension, the change would occur only at the time the
prescribed production volume is achieved. Once the lease is executed,
any change in royalty will be triggered solely by satisfying the
objectively determined economic and geologic factors specified in the
lease.
Question 2c: Are there limits on the changes?
Response: Yes. The MMS will specify the range of values over which
the royalty rate will change in the final notice of sale and the lease.
Question 2d: Is the 12\1/2\ per centum royalty the ceiling?
Response: No. When there is a ceiling we will specify it in the
notice of sale.
Question 2e: How will MMS and industry administer these leases
(e.g., audits)?
Response: We will continue to administer leases in the same manner.
However, estimates of future prices could, under some systems,
necessitate a recalculation not only in the receipts
[[Page 3802]]
subject to royalty, but also in the size of the royalty rate as well.
Question 2f: How would MMS administer these new leases when
unitized with leases with different or fixed royalties?
Response: The MMS will be careful to ensure that lessees properly
allocate production to each unitized lease. Normally unitized
production from a common reservoir is based on the proportion of
recoverable resources present on each lease.
Question 3a: How does the ``operating allowances'' concept relate
to the amendments to the bidding systems regulations?
Response: Under existing royalty regulations, transportation costs
and gas processing costs are permissible deductions in computing
royalty due. The notion of a predetermined operating allowance is
proposed partly to expand the set of tract-specific costs that MMS may
consider in calculating payment obligations, without complicating the
accounting. Or alternatively, MMS may simply offer some tracts under a
bidding system with a specified transportation and processing allowance
instead of actual costs incurred.
Question 3b: How do operating allowances relate to existing
transportation and processing allowances in terms of substance and
reporting requirements?
Response: Because the allowance concept is based on the specified
standard, there will be some difference between actual costs incurred
and those used to compute payment obligations. However, if set
properly, we expect that the allowance will be about right on average.
Moreover, this could alleviate some of the administrative and auditing
burdens, since actual costs may not affect the amount of payments owed
under some of these systems.
Question 3c: What is the effect of the introduction of the new
concept of ``operating allowances'' into the valuation regulations?
Response: Operating allowances could be used in conjunction with
valuation regulations in one of two ways. First, predetermined
operating allowances, defined at the time of sale, could replace
valuation regulations for the purpose of calculating net receipts
subject to payment obligations.
Second, a predetermined operating allowance could be subtracted
from net receipts after the valuation regulations are applied, to
determine the final amount of receipts subject to payment obligations.
In either case, the approach used would be designated in the proposed
and final sale notices.
Question 4: Can phrases such as ``any amounts creditable against
future royalties'' and ``inflation factor'' for purposes of determining
value ``or amount'' of production be explained?
Response: Should the governing statutes change, MMS might consider
allowing the lessee to credit other payments made to the Government
(e.g., rentals) against future payments due the Government (e.g.,
royalties). Existing statutes do not allow MMS to encourage lessee
behavior (e.g., starting exploration or production earlier in the
primary term) by reimbursing the lessee in cash. In developing the
original sliding-scale bidding system, MMS made the royalty rate
dependent upon the gross value of production generated during a period.
The MMS used an index or ``inflation factor'' to make adjustments in
production value in future production periods to reflect the prevailing
level of aggregate prices in the economy.
For simplicity, MMS will provide the details of any required
modifications of this type in the official sale and lease documents,
rather than in the regulations.
Question 5: Why would industry have to wait for publication of
lease sale packages to examine royalty rate formulas?
Response: In the April 20, 1995, Federal Register Notice asking for
comments on the proposal (60 FR 19767), MMS described the general
nature of the equations and formulas, along with the applicable
variables, and this notice continues the discussion. In many instances,
the specific parameters that we will use in specific lease sales may
depend on the characteristics of the tracts to which they apply as well
as prevailing price and cost conditions at time of sale. The rule
itself does not include values for the parameters. Whenever possible we
will announce the formulas to be used, along with proposed values for
the parameters, in the preliminary notice of sale. This will permit
industry to comment on the details of the bidding system before MMS
publishes the final notice of sale.
Question 6: What does ``suspension or deferral magnitudes or
formulas'' mean?
Response: During the productive life of a lease, the existing
royalty could be suspended (i.e., reduced or eliminated) or deferred
(i.e., paid at a later time under some circumstances). Typically, such
provisions will apply at the start of production. We may express the
suspension or deferral variable as a specified number of barrels of oil
equivalent produced, gross revenues collected from oil and gas sales,
or length of time over which royalties would be collected at a reduced
rate.
Question 7: What index will MMS use for pricing?
Response: We will specify the index to be used in the final sale
notice. We expect that such indices will reflect the rate of inflation
in either the energy sector or the economy as a whole. Indices of this
nature typically appear in a variety of Federal documents published
among others by the Department of Commerce and the Department of
Energy.
Question 8: For a particular lease sale, can a bidder choose
between a reduced (variable) rate or fixed rate? If so, how would the
MMS award competitive bids?
Response: No. The MMS did not envision allowing the bidders to
choose between different leasing systems on the same tract. The concept
does have some appeal, however, since it would allow bidders with
different capacities to bear risk to choose the system that best suits
them. With this added flexibility, the ceiling royalty rate associated
with the variable royalty rate option will have to be above the fixed
rate. Otherwise, bidders presumably would be better off always choosing
the reduced (variable) royalty rate. However, unless MMS develops a way
to show that the anticipated value of the tract was the same under
either system, there will be no simple way to choose among competitive
cash bonus bids submitted under each of the systems. Thus, MMS has not
chosen to pursue this option.
Question 9: How much lead time can companies expect to have between
promulgation of final regulations and the first lease sale where they
would apply?
Response: Before using some of the innovative new concepts covered
by this rule, MMS will both take time to determine how the new system
will be used in the specific lease sale and will solicit industry
comments in a preliminary notice of sale. This will provide industry
with an opportunity to understand the new system.
Question 10: Would a potential bidder have any flexibility in the
bidding process with regard to the royalty rate? For example, could a
potential bidder offer a traditional one-eighth royalty?
Response: These changes in bidding systems relate to the manner in
which MMS will determine the applicable royalty rate during a give
production period. We are not introducing these changes to facilitate
various forms of actual bidding on the royalty rate to be paid by the
lessee. Thus, we intend to set the form of the royalty rate, and the
lessee will bid a cash bonus. Under this
[[Page 3803]]
format, the lessee cannot affect the royalty rate during the bidding
process. Only if the royalty is the bid variable, would a potential
bidder be free to offer a traditional one-eighth royalty.
Question 11: Would there be any changes to the basis upon which the
MMS awards competitive bids?
Response: No. Under the proposed systems, the high cash bonus
bidder will be awarded the lease subject to satisfying the MMS bid
adequacy criteria.
Comment: One commenter mentioned that although the proposed rule
does not specifically indicate MMS is contemplating such a system, they
are against one which might call for bidding of both a royalty variable
and bonus.
Response: The term ``variable royalty rate'' is meant to convey the
notion that the royalty rate, as described in the sale notice, may vary
over the life of the lease. This does not mean that MMS is making the
royalty rate a bidding variable. This rule does not affect the MMS
authority to use the royalty rate as a bidding term, either in place of
or in conjunction with a cash bonus. While the OCSLA does not authorize
MMS to use more than one bidding variable simultaneously, we may be
able to design some systems that operate sequentially.
For example, in the unlikely event that bidding for some tracts
involved both the cash bonus and the royalty rate, MMS needs a means to
objectively determine the winning bidder. One way to do that would be
to require bidding on the two terms in sequence rather than in
parallel. Subject to a fixed minimum required cash bonus, bidding could
be allowed on the royalty rate up to a predetermined and known maximum.
If a bidder chooses to bid above the maximum royalty rate, it would do
so by offering to add to the minimum required bonus bid.
Comment: One commenter stated that it would be unjust for a lessee
to relinquish a lease after conducting exploratory drilling, with the
possible public release of data, and then for the Government to reoffer
the tract under more favorable terms to competitors.
Response: The original lessee purchased the contract for a cash
bonus bid. If it then voluntarily relinquishes the lease after
conducting exploratory drilling, the Government is free to reoffer the
tract in the market at any terms it deems appropriate. The original
lessee can compete on equal terms with others through the auction
process used to reoffer the tract.
Comment: Two commenters suggested that royalty relief and flexible
royalty terms would benefit production if MMS applies them to existing
OCS leases that are approaching the economic limits of production.
Response: This rule does not affect the authority of MMS, under
Sec. 8(a)(3)(A) of OCSLA, to reduce or eliminate any royalty or net
profit share on an active tract.
Response: One commenter strongly recommended that MMS consider
providing an appropriate allowance for poor quality and/or low gravity
crude in order to foster development of such resources.
Response: Lower quality crude sells for less. Since royalty paid is
directly propositional to price, the current fixed royalty arrangement
reflects differences in product quality. To the extent that an
additional adjustment is needed for low quality crude, to account for
higher costs of extraction, then a properly set cost allowance under
the new bidding rule would be one way to handle the situation for
tracts being offered for lease.
Comment: One commenter stated that it does not believe that royalty
relief by itself, in the absence of other financial incentives such as
a production tax credit, is sufficient to generate additional
substantial deepwater activity.
Response: The MMS does not have taxing authority, so production tax
credits are not part of the policies affected by this rule. The final
rule differs from the proposed rule in that portions have been reworded
for clarity. The final rule also contains a new system,
Sec. 260.110(a)(7), designed specifically to address the Outer
Continental Shelf Deep Water Royalty Relief Act. This new system
includes a cash bonus bid, a fixed royalty rate of not less than 12\1/
2\ per centum, and an option for MMS to defer or suspend royalties.
Although a lease sale of this type would have been possible under
paragraph Sec. 260.110(a)(5), MMS added the new paragraph specifically
addressing the provisions in the statute. This will clearly indicate
when MMS is conducting a lease sale under the provisions of the Outer
Continental Shelf Deep Water Royalty Relief Act.
Author
This document was prepared by Marshall Rose, Mary Vavrina, and
Keith Meekins, Offshore Resource Evaluation Division, MMS.
Executive Order (E.O.) 12866
MMS reviewed this rule and determined that the rule is not
significant.
Regulatory Flexibility Act
The Department of the Interior (DOI) has determined that this rule
will not have a significant economic effect on a substantial number of
small entities. Any direct effects of this rulemaking will primarily
affect lessees and operators-entities that are not, in general, small
due to the technical complexities and financial resources necessary to
conduct OCS activities. MMS also determined that the indirect effect of
this rulemaking on small entities that provide support for offshore
activities is small.
Paperwork Reduction Act
The information collection requirements contained in those parts of
MMS's regulatory program affected by this rule have been approved by
OMB under (44 U.S.C. 3501 et seq.). The forms, filing date, and
approved OMB clearance numbers are identified in 30 CFR 210.10 and 30
CFR 216.10.
Takings Implication Assessment
The DOI certifies that this rule does not represent a governmental
action capable of interference with constitutionally protected property
rights. A Takings Implication Assessment prepared pursuant to E.O.
12630, Government Action and Interference with Constitutionally
Protected Property Rights, is not required.
E.O. 12778
The DOI has certified to OMB that this rule meets the applicable
civil justice reform standards provided in Sections 2(a) and 2(b)(2) of
E.O. 12778.
National Environmental Policy Act
The National Environmental Policy Act (NEPA) compliance for the
rule is covered by DOI procedures for implementing NEPA (516 DM2,
Appendix 1.10). In accordance with those procedures, MMS will examine
the potential environmental effects of the rule during NEPA review for
each lease sale. This is appropriate because the potential
environmental effects of the rule depend largely on how it is applied,
and decisions on application will be made on a sale-by-sale basis.
List of Subjects
30 CFR Part 206
Coal, Continental shelf, Geothermal energy, Government contracts,
Indian lands, Mineral royalties, Natural gas, Petroleum, Public lands--
mineral resources, Reporting and recordkeeping requirements.
[[Page 3804]]
30 CFR Part 260
Continental shelf, Government contracts, Mineral royalties, Oil and
gas exploration, Public lands--mineral resources.
Dated: January 26, 1996.
Bob Armstrong,
Assistant Secretary, Land and Minerals Management.
For the reasons set forth in the preamble, the Minerals Management
Service amends 30 CFR parts 206 and 260 as follows:
PART 206--PRODUCT VALUATION
1. The authority citation for part 206 is revised to read as
follows:
Authority: 5 U.S.C. 301 et seq.; 25 U.S.C. 396 et seq., 396a et
seq., 2101 et seq.; 30 U.S.C. 181 et seq., 351 et seq., 1001 et
seq., 1701 et seq.; 31 U.S.C. 9701; 43 U.S.C. 1301 et seq., 1331 et
seq., and 1801 et seq.
2. Section 206.106 of subpart C is added to read as follows:
Sec. 206.106 Operating allowances.
Notwithstanding any other provisions in these regulations, an
operating allowance may be used for the purpose of computing payment
obligations when specified in the notice of sale and the lease. The
allowance amount or formula shall be specified in the notice of sale
and in the lease agreement.
3. Section 206.160 of subpart D is added to read as follows:
Sec. 206.160 Operating allowances.
Notwithstanding any other provisions in these regulations, an
operating allowance may be used for the purpose of computing payment
obligations when specified in the notice of sale and the lease. The
allowance amount or formula shall be specified in the notice of sale
and in the lease agreement.
PART 260--OUTER CONTINENTAL SHELF OIL AND GAS LEASING
1. The authority citation for part 260 is revised to read as
follows:
Authority: 43 U.S.C. 1331 and 1337.
2. Section 260.001 of subpart A is revised to read as follows:
Sec. 260.001 Purpose and scope.
The purpose of this part 260 is to implement OCSLA, 43 U.S.C. 1331
et seq., as amended, by providing regulations to foster competition
including, but not limited to, regulations to prohibit joint bidding
for development rights by certain types of joint ventures; the
implementation of alternative bidding systems (including suspension of
royalties for a period, volume, or value of production); and the
establishment of diligence requirements for Federal OCS leases issued
under the OCSLA.
3. Section 260.002 of subpart A is amended by revising the
definition of ``OCSLA'' to read as follows:
Sec. 260.002 Definitions.
* * * * *
OCSLA means the Outer Continental Shelf Lands Act, (43 U.S.C. 1331
et seq.), as amended.
* * * * *
2. Section 260.110 of subpart B is amended by revising paragraphs
(a)(1)(iii), (a)(2)(iii), (a)(3)(i)(C)(4) and (a)(3)(iii) and by adding
new paragraphs (a)(5), (a)(6), and (a)(7) to read as follows:
Sec. 260.110 Bidding systems.
(a) * * *
(1) * * *
(iii) The annual rental to be paid by the highest responsible
qualified bidder and any amounts creditable against future royalties
shall be specified in the notice of sale published in the Federal
Register.
* * * * *
(2) * * *
(iii) Rental payment amounts must be as specified in paragraph
(a)(1)(iii) of this section.
* * * * *
(3) * * *
(i) * * *
(C) * * *
(4) The production period, inflation factor and procedures for
making the inflation adjustment and for determining the value or amount
of production shall be stated in the notice of sale published in the
Federal Register.
* * * * *
(iii) Rental payment amounts must be as specified in paragraph
(a)(1)(iii) of this section.
* * * * *
(5) Cash bonus bid with a variable royalty rate or rates during one
or more production periods in amount or value of the production saved,
removed or sold, and an annual rental. MMS may suspend or defer the
royalty due for a period, volume, or value of production. Such
suspensions or deferrals may vary based on changes in the prices of oil
and/or gas as specified in the notice of sale published in the Federal
Register.
(i) The royalty rate due on production may be less than 12\1/2\ per
centum, but greater than zero per centum, at any designated time during
the lease period based on the amount or value of production saved,
removed, or sold. Royalty may be suspended or deferred for a period,
volume, or value of production. The applicable royalty rate(s) and
suspension or deferral magnitudes or formulas shall be specified in the
notice of sale published in the Federal Register.
(ii) The amount and the procedure for payment of a cash bonus must
be as specified in paragraph (a)(1)(ii) of this section.
(iii) Rental payment amounts must be as specified in paragraph
(a)(1)(iii) of this section.
(6) Cash bonus bid with a royalty rate or rates based on formula(s)
or schedule(s) during one or more production periods in amount or value
of the production saved, removed or sold, and an annual rental. Royalty
may be suspended or deferred for a period, volume, or value of
production. Such a suspension or deferral may vary based on changes in
the prices of oil and/or gas as specified in the notice of sale
published in the Federal Register.
(i) The royalty due on production shall be specified as a
percentage of the amount or value of the production saved, removed, or
sold. When the value of production is used, by unit or in aggregate,
the royalty rate will be determined based on prices for oil and/or gas
as specified in the notice of sale published in the Federal Register.
(A) The lessee must calculate the royalty due using the formula or
schedule specified in the lease based on the adjusted amount or indexed
value of the oil and gas produced. The formula or schedule will
describe the relationship between the adjusted or actual amount of
production, indexed value, or indexed price, and the royalty rate. It
will stipulate the lowest and highest royalty rates.
(B) The royalty rate formula or schedule and the suspension or
deferral magnitudes or formulas shall be specified in the notice of
sale published in the Federal Register.
(C) Royalty payment calculation.
(1) The royalty rate used to calculate the royalty due on
production is based on an adjusted or actual amount of production,
indexed value, or indexed price and is set through application of the
specified formula or schedule to the designated production period.
(2) The lessee will determine the adjusted amount or indexed value,
or indexed price by applying an index or inflation factor specified in
the lease to the actual amount or value of production, or to the
adjusted price.
(3) The lessee must apply the royalty rate to the actual value of
production. The result is the amount in dollars that the lessee must
pay to the United States,
[[Page 3805]]
or the amount of royalty oil and/or gas that the United States will
take in kind.
(4) The production period, inflation factor and procedures for
making the inflation adjustment and for determining the value or amount
of production shall be stated in the notice of sale published in the
Federal Register.
(ii) The amount and the procedure for payment of a cash bonus must
be as specified in paragraph (a)(1)(ii) of this section.
(iii) Rental payment amounts must be as specified in paragraph
(a)(1)(iii) of this section.
(7) Cash bonus bid with a royalty rate of not less than 12\1/2\ per
centum fixed in amount or value of the production saved, removed or
sold, and with suspension of royalties for a period, volume, or value
of production, and an annual rental. Royalty may be suspended for a
period, volume, or value of production. Such a suspension may vary
based on changes in the prices of oil and/or gas as specified in the
notice of sale published in the Federal Register.
(i) Except for a period of suspension, the royalty rate due on
production will be specified as a percentage of the amount or value of
the production saved, removed, or sold. The applicable royalty rate
shall be specified in the notice of the lease sale published in the
Federal Register. When the royalty rate is applied to the value of
production, by unit or in aggregate, the royalty rate will be
determined based on the prices for oil and/or gas as specified in the
notice of sale published in the Federal Register.
(A) The lessee must calculate the royalty due using the formula or
schedule specified in the lease agreement based on the adjusted amount
or indexed value of the oil and gas produced. The formula or schedule
will describe the relationship between adjusted or actual amount of
production, indexed value, or indexed price, and the royalty rate. It
will stipulate the lowest and highest royalty rates that may apply.
(B) The formula or schedule for royalty due on production and the
suspension magnitudes or formulas shall be specified in the notice of
sale published in the Federal Register.
(ii) The amount and the procedure for payment of a cash bonus must
be as specified in paragraph (a)(1)(ii) of this section.
(iii) Rental payment amounts must be as specified in paragraph
(a)(1)(iii) of this section.
[FR Doc. 96-2200 Filed 2-1-96; 8:45 am]
BILLING CODE 4310-MR-M
Complete official Federal Register PDF
FR Doc. 96-2183 Terrorism Sanctions Regulations
[Federal Register Volume 61, Number 23 (Friday, February 2, 1996)]
[Rules and Regulations]
[Pages 3805-3813]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2183]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
31 CFR Part 595
Terrorism Sanctions Regulations
AGENCY: Office of Foreign Assets Control, Department of the Treasury.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Office of Foreign Assets Control of the U.S. Department of
the Treasury is issuing the Terrorism Sanctions Regulations to
implement the President's declaration of a national emergency and
imposition of sanctions against certain persons whose acts of violence
have the purpose or effect of disrupting the Middle East peace process.
EFFECTIVE DATE: February 2, 1996.
FOR FURTHER INFORMATION: Contact the Office of Foreign Assets Control,
Department of the Treasury, Washington, DC 22201, Tel.: 202/622-2520.
SUPPLEMENTARY INFORMATION:
Electronic Availability
This document is available as an electronic file on The Federal
Bulletin Board the day of publication in the Federal Register. By
modem, dial 202/515-1387 and type ``/GO FAC,'' or call 202/512-1530 for
disks or paper copies. This file is available for downloading without
charge in WordPerfect, ASCII, and Adobe AcrobatTM readable (*.PDF)
formats. The document is also accessible for downloading in ASCII
format without charge from Treasury's Electronic Library (``TEL'') in
the ``Business, Trade and Labor Mall'' of the FedWorld bulletin board.
By modem dial 703/321-3339, and select the appropriate self-expanding
file in TEL. For Internet access, use one of the following protocols:
Telnet = fedworld.gov (192.239.93.3); World Wide Web (Home Page) =
http://www.fedworld.gov; FTP = ftp.fedworld.gov (192.239.92.205).
Background
On January 24, 1995, the President issued Executive Order 12947,
declaring a national emergency with respect to ``grave acts of violence
committed by foreign terrorists that disrupt the Middle East peace
process,'' and invoking the authority, inter alia, of the International
Emergency Economic Powers Act (50 U.S.C. 1701-1706). The order blocks
all property and interests in property of 12 terrorist organizations
designated in the order, as well as the property and interests in
property of other persons who are designated by the Secretary of State
or the Secretary of the Treasury. The order also authorizes the
Secretary of the Treasury, in consultation with the Secretary of State
and, as appropriate, the Attorney General, to take such actions,
including the promulgation of rules and regulations, as may be
necessary to carry out the purposes of the order. In implementation of
the order, the Treasury Department is issuing the Terrorism Sanctions
Regulations (the ``Regulations'').
The Regulations block all property and interests in property of (1)
persons designated in Executive Order 12947; (2) persons designated by
the Secretary of State, in coordination with the Secretary of the
Treasury and the Attorney General, because they are found (a) to have
committed, or to pose a significant risk of committing, acts of
violence that have the purpose or effect of disrupting the Middle East
peace process, or (b) to assist in, sponsor, or provide financial,
material, or technological support for, or services in support of, such
acts of violence.
The Regulations also block all property and interests in property
of persons determined by the Secretary of the Treasury, in coordination
with the Secretary of State and the Attorney General, to be owned or
controlled by, or to act for or on behalf of, any other designated
person. Persons coming within any of these categories are called
specially designated terrorists (``SDTs''). Executive Order 12947
blocks all property or interests in property of SDTs that are in the
United States, that hereinafter come within the United States, or that
are or hereafter come within the possession or control of U.S. persons,
including their overseas branches. Section 1(b) of Executive Order
12947 also prohibits any transaction or dealing by U.S. persons or in
the United States in property or interests in property of SDTs,
including the making or receiving of any contribution of funds, goods,
or services for the benefit of an SDT.
Transactions otherwise prohibited under this part but found to be
consistent with U.S. policy may be authorized by a general license
contained in subpart E or by a specific license issued pursuant to the
procedures described in Sec. 595.801 of subpart H. Civil and criminal
penalties for violations of the Regulations are described in subpart G.
Since the Regulations involve a foreign affairs function, the
provisions of Executive Order 12866 and the Administrative Procedure
Act (5 U.S.C. 553), requiring notice of proposed rulemaking,
opportunity for public
[[Page 3806]]
participation, and delay in effective date, are inapplicable. Because
no notice of proposed rulemaking is required for this rule, the
Regulatory Flexibility Act (5 U.S.C. 601-612) does not apply. Wherever
possible, however, it is the practice of the Office of Foreign Assets
Control to receive written submissions or hold informal consultations
with interested parties concerning any rule or other public document.
Paperwork Reduction Act
The Regulations are being issued without prior notice and public
procedure pursuant to the Administrative Procedure Act (5 U.S.C. 553).
Pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3507), the
collections of information contained in the Regulations have been
submitted to and approved by the Office of Management and Budget
(``OMB'') pending public comment, and have been assigned control number
1505-0156. An agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information unless the
collection of information displays a valid control number.
The collections of information in the Regulations are contained in
Secs. 595.503, 595.504, subpart F, and Secs. 595.703 and 595.801. This
information is required by the Office of Foreign Assets Control for
licensing, compliance, civil penalty, and enforcement purposes. This
information will be used to determine the eligibility of applicants for
the benefits provided through specific licenses, to determine whether
persons subject to the Regulations are in compliance with applicable
requirements, and to determine whether and to what extent civil penalty
or other enforcement action is appropriate. The likely respondents and
record keepers are individuals and business organizations.
No assurances of confidentiality are given to persons who furnish
information to OFAC unless specifically indicated in advance. It is the
policy of OFAC to protect the confidentiality of information in
appropriate cases pursuant to the exemptions from disclosure provided
under the Freedom of Information Act (5 U.S.C. 552) and the Privacy Act
(5 U.S.C. 552a).
Estimated total annual reporting and/or recordkeeping burden: 500
hours.
The estimated annual burden per respondent/record keeper varies
from 30 minutes to 2 hours, depending on individual circumstances, with
an estimated average of 1 hour.
Estimated number of respondents and/or record keepers: 500.
Estimated annual frequency of responses: 1-12.
Comments are invited on: (a) whether these collections of
information are necessary for the proper performance of the functions
of the agency, including whether the information shall have practical
utility; (b) the accuracy of the agency's estimate of the burden of the
collections of information; (c) ways to enhance the quality, utility,
and clarity of the information to be collected; and (d) ways to
minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques or other
forms of information technology.
Comments concerning the above information, the accuracy of
estimated average annual burden, and suggestions for reducing this
burden should be directed to OMB, Paperwork Reduction Project, control
number 1505-0156, Washington, DC 20503, with a copy to the Office of
Foreign Assets Control, Department of the Treasury, 1500 Pennsylvania
Ave., N.W., Annex, Washington, DC 20220. Any such comments should be
submitted not later than April 2, 1996. Comments on aspects of the
Regulations other than those involving collections of information
should not be sent to OMB.
List of Subjects in 31 CFR Part 595
Administrative practice and procedure, Banking and finance,
Blocking of assets, Fines and penalties, Reporting and recordkeeping
requirements, Specially designated terrorists, Terrorism, Transfer of
assets.
For the reasons set forth in the preamble, 31 CFR part 595 is added
to read as follows:
PART 595--TERRORISM SANCTIONS REGULATIONS
Subpart A--Relation of this Part to Other Laws and Regulations
Sec.
595.101 Relation of this part to other laws and regulations.
Subpart B--Prohibitions
595.201 Prohibited transactions involving blocked property.
595.202 Effect of transfers violating the provisions of this part.
595.203 Holding of certain types of blocked property in interest-
bearing accounts.
595.204 Prohibited dealing in property; contributions of funds,
goods, or services.
595.205 Evasions; attempts; conspiracies.
595.206 Exempt transactions.
Subpart C--General Definitions
595.301 Blocked account; blocked property.
595.302 Effective date.
595.303 Entity.
595.304 Foreign person.
595.305 General license.
595.306 Information and informational materials.
595.307 Interest.
595.308 License.
595.309 Person.
595.310 Property; property interest.
595.311 Specially designated terrorist.
595.312 Specific license.
595.313 Transfer.
595.314 United States.
595.315 United States person; U.S. person.
595.316 U.S. financial institution.
Subpart D--Interpretations
595.401 Reference to amended sections.
595.402 Effect of amendment.
595.403 Termination and acquisition of an interest in blocked
property.
595.404 Setoffs prohibited.
595.405 Transactions incidental to a licensed transaction.
595.406 Provision of services.
595.407 Offshore transactions.
595.408 Charitable contributions to specially designated terrorists.
Subpart E--Licenses, Authorizations and Statements of Licensing Policy
595.501 Effect of license or authorization.
595.502 Exclusion from licenses and authorizations.
595.503 Payments and transfers to blocked accounts in U.S. financial
institutions.
595.504 Investment and reinvestment of certain funds.
595.505 Entries in certain accounts for normal service charges
authorized.
595.506 Provision of certain legal services to a specially
designated terrorist.
595.507 Authorization of emergency medical services.
Subpart F--Reports
595.601 Required records.
595.602 Reports to be furnished on demand.
595.603 Registration of persons holding blocked property subject to
595.201.
Subpart G--Penalties
595.701 Penalties.
595.702 Prepenalty notice.
595.703 Presentation responding to prepenalty notice.
595.704 Penalty notice.
595.705 Administrative collection action; referral to United States
Department of Justice.
Subpart H--Procedures
595.801 Licensing.
595.802 Decisions.
595.803 Amendment, modification, or revocation.
595.804 Rulemaking.
595.805 Delegation by the Secretary of the Treasury.
595.806 Rules governing availability of information.
Subpart I--Paperwork Reduction Act
595.901 Paperwork Reduction Act notice.
Authority: 50 U.S.C. 1601-1641, 1701-1706; 3 U.S.C. 301; E.O.
12947, 60 FR 5079 (January 25, 1995).
[[Page 3807]]
Subpart A--Relation of This Part to Other Laws andRegulations
Sec. 595.101 Relation of this part to other laws and regulations.
(a) This part is separate from, and independent of, the other parts
of this chapter. Differing foreign policy and national security
contexts may result in differing interpretations of similar language
among the parts of this chapter. No license or authorization contained
in or issued pursuant to those other parts authorizes any transaction
prohibited by this part. No license or authorization contained in or
issued pursuant to any other provision of law or regulation authorizes
any transaction prohibited by this part.
(b) No license or authorization contained in or issued pursuant to
this part relieves the involved parties from complying with any other
applicable laws or regulations.
Subpart B--Prohibitions
Sec. 595.201 Prohibited transactions involving blocked property.
Except as authorized by regulations, orders, directives, rulings,
instructions, licenses, or otherwise, no property or interests in
property of a specially designated terrorist, that are in the United
States, that hereafter come within the United States, or that are or
hereafter come within the possession or control of U.S. persons,
including their overseas branches, may be transferred, paid, exported,
withdrawn or otherwise dealt in.
Sec. 595.202 Effect of transfers violating the provisions of this
part.
(a) Any transfer after the effective date, which is in violation of
any provision of this part or of any regulation, order, directive,
ruling, instruction, license, or other authorization hereunder and
involves any property held in the name of a specially designated
terrorist or in which a specially designated terrorist has or has had
an interest since such date, is null and void and shall not be the
basis for the assertion or recognition of any interest in or right,
remedy, power or privilege with respect to such property.
(b) No transfer before the effective date shall be the basis for
the assertion or recognition of any right, remedy, power, or privilege
with respect to, or interest in, any property held in the name of a
specially designated terrorist or in which a specially designated
terrorist has an interest, or has had an interest since such date,
unless the person with whom such property is held or maintained, prior
to such date, had written notice of the transfer or by any written
evidence had recognized such transfer.
(c) Unless otherwise provided, an appropriate license or other
authorization issued by or pursuant to the direction or authorization
of the Director of the Office of Foreign Assets Control before, during,
or after a transfer shall validate such transfer or render it
enforceable to the same extent that it would be valid or enforceable
but for the provisions of the International Emergency Economic Powers
Act, this part, and any regulation, order, directive, ruling,
instruction, or license issued hereunder.
(d) Transfers of property which otherwise would be null and void or
unenforceable by virtue of the provisions of this section shall not be
deemed to be null and void or unenforceable as to any person with whom
such property was held or maintained (and as to such person only) in
cases in which such person is able to establish to the satisfaction of
the Director of the Office of Foreign Assets Control each of the
following:
(1) Such transfer did not represent a willful violation of the
provisions of this part by the person with whom such property was held
or maintained;
(2) The person with whom such property was held or maintained did
not have reasonable cause to know or suspect, in view of all the facts
and circumstances known or available to such person, that such transfer
required a license or authorization by or pursuant to this part and was
not so licensed or authorized, or if a license or authorization did
purport to cover the transfer, that such license or authorization had
been obtained by misrepresentation of a third party or the withholding
of material facts or was otherwise fraudulently obtained; and
(3) The person with whom such property was held or maintained filed
with the Office of Foreign Assets Control a report setting forth in
full the circumstances relating to such transfer promptly upon
discovery that:
(i) Such transfer was in violation of the provisions of this part
or any regulation, ruling, instruction, license, or other direction or
authorization hereunder; or
(ii) Such transfer was not licensed or authorized by the Director
of the Office of Foreign Assets Control; or
(iii) If a license did purport to cover the transfer, such license
had been obtained by misrepresentation of a third party or the
withholding of material facts or was otherwise fraudulently obtained.
Note: The filing of a report in accordance with the provisions of
paragraph (d)(3) of this section shall not be deemed evidence that the
terms of paragraphs (d)(1) and (2) of this section have been satisfied.
(e) Unless licensed or authorized pursuant to this part, any
attachment, judgment, decree, lien, execution, garnishment, or other
judicial process is null and void with respect to any property which,
on or since the effective date, was held in the name of a specially
designated terrorist or in which there existed an interest of a
specially designated terrorist.
Sec. 595.203 Holding of certain types of blocked property in interest-
bearing accounts.
(a)(1) Any person, including a U.S. financial institution,
currently holding property subject to Sec. 595.201 which, as of the
effective date or the date of receipt if subsequent to the effective
date, is not being held in an interest-bearing account, or otherwise
invested in a manner authorized by the Office of Foreign Assets
Control, shall transfer such property to, or hold such property or
cause such property to be held in, an interest-bearing account or
interest-bearing status in a U.S. financial institution as of the
effective date or the date of receipt if subsequent to the effective
date of this section, unless otherwise authorized or directed by the
Office of Foreign Assets Control.
(2) The requirement set forth in paragraph (a)(1) of this section
shall apply to currency, bank deposits, accounts, obligations, and any
other financial or economic resources or assets, and any proceeds
resulting from the sale of tangible or intangible property. If interest
is credited to an account separate from that in which the interest-
bearing asset is held, the name of the account party on both accounts
must be the same and must clearly indicate the specially designated
terrorist having an interest in the accounts. If the account is held in
the name of a specially designated terrorist, the name of the account
to which interest is credited must be the same.
(b) For purposes of this section, the term interest-bearing account
means a blocked account in a U.S. financial institution earning
interest at rates that are commercially reasonable for the amount of
funds in the account. Except as otherwise authorized, the funds may not
be invested or held in instruments the maturity of which exceeds 90
days.
(c) This section does not apply to blocked tangible property, such
as chattels, nor does it create an affirmative obligation on the part
of the holder of
[[Page 3808]]
such blocked tangible property to sell or liquidate the property and
put the proceeds in a blocked account. However, the Office of Foreign
Assets Control may issue licenses permitting or directing sales of
tangible property in appropriate cases.
Sec. 595.204 Prohibited dealing in property; contributions of funds,
goods, or services.
Except as otherwise authorized, no U.S. person may deal in property
or interests in property of a specially designated terrorist, including
the making or receiving of any contribution of funds, goods, or
services to or for the benefit of a specially designated terrorist.
Sec. 595.205 Evasions; attempts; conspiracies.
Any transaction for the purpose of, or which has the effect of,
evading or avoiding, or which facilitates the evasion or avoidance of,
any of the prohibitions set forth in this part, is hereby prohibited.
Any attempt to violate the prohibitions set forth in this part is
hereby prohibited. Any conspiracy formed for the purpose of engaging in
a transaction prohibited by this part is hereby prohibited.
Sec. 595.206 Exempt transactions.
(a) Personal Communications. The prohibitions contained in this
part do not apply to any postal, telegraphic, telephonic, or other
personal communication, which does not involve the transfer of anything
of value.
(b) Information and informational materials.--(1) The importation
from any country and the exportation to any country of information or
informational materials as defined in Sec. 595.306, whether commercial
or otherwise, regardless of format or medium of transmission, are
exempt from the prohibitions and regulations of this part.
(2) This section does not authorize transactions related to
information and informational materials not fully created and in
existence at the date of the transactions, or to the substantive or
artistic alteration or enhancement of informational materials, or to
the provision of marketing and business consulting services by a U.S.
person. Such prohibited transactions include, without limitation,
payment of advances for informational materials not yet created and
completed, provision of services to market, produce or co-produce,
create or assist in the creation of information and informational
materials, and payment of royalties to a specially designated terrorist
with respect to income received for enhancements or alterations made by
U.S. persons to information or informational materials imported from a
specially designated terrorist.
(3) This section does not authorize transactions incident to the
exportation of technical data under restriction as defined in
Sec. 779.4 of the Export Administration Regulations, 15 CFR parts 768-
799 (1994), or to the exportation of goods for use in the transmission
of any data. The exportation of such goods to specially designated
terrorists is prohibited, as provided in Sec. 595.201 of this part.
(c) Travel. The prohibitions contained in this part do not apply to
transactions ordinarily incident to travel to or from any country,
including importation of accompanied baggage for personal use,
maintenance within any country including payment of living expenses and
acquisition of goods or services for personal use, and arrangement or
facilitation of such travel including non scheduled air, sea, or land
voyages.
Subpart C--General Definitions
Sec. 595.301 Blocked account; blocked property.
The terms blocked account and blocked property shall mean any
account or property subject to the prohibition in Sec. 595.201 held in
the name of a specially designated terrorist or in which a specially
designated terrorist has an interest, and with respect to which
payments, transfers, exportations, withdrawals, or other dealings may
not be made or effected except pursuant to an authorization or license
from the Office of Foreign Assets Control authorizing such action.
Sec. 595.302 Effective date.
The term effective date refers to the effective date of the
applicable prohibitions and directives contained in this part which is
12:01 a.m. EST, January 24, 1995, or, in the case of specially
designated terrorists designated after that date, the earlier of the
date on which a person receives actual or constructive notice of such
designation.
Sec. 595.303 Entity.
The term entity means a partnership, association, corporation, or
other organization, group or subgroup.
Sec. 595.304 Foreign Person.
The term foreign person means any citizen or national of a foreign
state (including any such individual who is also a citizen or national
of the United States), or any entity not organized solely under the
laws of the United States or existing solely in the United States, but
does not include a foreign state.
Sec. 595.305 General license.
The term general license means any license or authorization the
terms of which are set forth in this part.
Sec. 595.306 Information and informational materials.
(a)(1) For purposes of this part, the term information and
informational materials means publications, films, posters, phonograph
records, photographs, microfilms, microfiche, tapes, compact disks, CD
ROMs, artworks, and news wire feeds, and other information and
informational articles.
(2) To be considered informational materials, artworks must be
classified under chapter subheading 9701, 9702, or 9703 of the
Harmonized Tariff Schedule of the United States.
(b) The terms information and informational materials with respect
to U.S. exports do not include items:
(1) That were, as of April 30, 1994, or that thereafter become,
controlled for export pursuant to section 5 of the Export
Administration Act of 1979, 50 U.S.C. App. 2401-2420 (the ``EAA''), or
section 6 of the EAA to the extent that such controls promote
nonproliferation or antiterrorism policies of the United States,
including ``software'' that is not ``publicly available'' as these
terms are defined in 15 CFR Parts 779 and 799.1; or
(2) With respect to which acts are prohibited by 18 U.S.C. chapter
37.
Sec. 595.307 Interest.
Except as otherwise provided in this part, the term interest when
used with respect to property (e.g., `` an interest in property'')
means an interest of any nature whatsoever, direct or indirect.
Sec. 595.308 License.
Except as otherwise specified, the term license means any license
or authorization contained in or issued pursuant to this part.
Sec. 595.309 Person.
The term person means an individual or entity.
Sec. 595.310 Property; property interest.
The terms property and property interest include, but are not
limited to, money, checks, drafts, bullion, bank deposits, savings
accounts, debts, indebtedness, obligations, notes, guarantees,
debentures, stocks, bonds, coupons, any other financial instruments,
bankers acceptances, mortgages, pledges, liens or other rights in the
nature of security, warehouse
[[Page 3809]]
receipts, bills of lading, trust receipts, bills of sale, any other
evidences of title, ownership or indebtedness, letters of credit and
any documents relating to any rights or obligations thereunder, powers
of attorney, goods, wares, merchandise, chattels, stocks on hand,
ships, goods on ships, real estate mortgages, deeds of trust, vendors
sales agreements, land contracts, leaseholds, ground rents, real estate
and any other interest therein, options, negotiable instruments, trade
acceptances, royalties, book accounts, accounts payable, judgments,
patents, trademarks or copyrights, insurance policies, safe deposit
boxes and their contents, annuities, pooling agreements, services of
any nature whatsoever, contracts of any nature whatsoever, and any
other property, real, personal, or mixed, tangible or intangible, or
interest or interests therein, present, future or contingent.
Sec. 595.311 Specially designated terrorist.
(a) The term specially designated terrorist means:
(1) Persons listed in the Annex to Executive Order 12947;
(2) Foreign persons designated by the Secretary of State, in
coordination with the Secretary of the Treasury and the Attorney
General, because they are found:
(i) To have committed, or to pose a significant risk of committing,
acts of violence that have the purpose or effect of disrupting the
Middle East peace process, or
(ii) To assist in, sponsor, or provide financial, material, or
technological support for, or services in support of, such acts of
violence; and
(3) Persons determined by the Secretary of the Treasury, in
coordination with the Secretary of State and the Attorney General, to
be owned or controlled by, or to act for or on behalf of, any other
specially designated terrorist.
(b) [Reserved]
Sec. 595.312 Specific license.
The term specific license means any license or authorization not
set forth in this part but issued pursuant to this part.
Sec. 595.313 Transfer.
The term transfer means any actual or purported act or transaction,
whether or not evidenced by writing, and whether or not done or
performed within the United States, the purpose, intent, or effect of
which is to create, surrender, release, convey, transfer, or alter,
directly or indirectly, any right, remedy, power, privilege, or
interest with respect to any property and, without limitation upon the
foregoing, shall include the making, execution, or delivery of any
assignment, power, conveyance, check, declaration, deed, deed of trust,
power of attorney, power of appointment, bill of sale, mortgage,
receipt, agreement, contract, certificate, gift, sale, affidavit, or
statement; the making of any payment; the setting off of any obligation
or credit; the appointment of any agent, trustee, or fiduciary; the
creation or transfer of any lien; the issuance, docketing, filing, or
levy of or under any judgment, decree, attachment, injunction,
execution, or other judicial or administrative process or order, or the
service of any garnishment; the acquisition of any interest of any
nature whatsoever by reason of a judgment or decree of any foreign
country; the fulfillment of any condition; the exercise of any power of
appointment, power of attorney, or other power; or the acquisition,
disposition, transportation, importation, exportation, or withdrawal of
any security.
Sec. 595.314 United States.
The term United States means the United States, its territories and
possessions, and all areas under the jurisdiction or authority thereof.
Sec. 595.315 United States person; U.S. person.
The term United States person or U.S. person means any United
States citizen, permanent resident alien, entity organized under the
laws of the United States or any jurisdiction within the United States
(including foreign branches); or any person in the United States.
Sec. 595.316 U.S. financial institution.
The term U.S. financial institution means any U.S. person
(including foreign branches) that is engaged in the business of
accepting deposits, making, granting, transferring, holding, or
brokering loans or credits, or purchasing or selling foreign exchange,
securities, commodity futures or options, or procuring purchasers and
sellers thereof, as principal or agent; including, but not limited to,
depository institutions, banks, savings banks, trust companies,
securities brokers and dealers, commodity futures and options brokers
and dealers, forward contract and foreign exchange merchants,
securities and commodities exchanges, clearing corporations, investment
companies, employee benefit plans, and U.S. holding companies, U.S.
affiliates, or U.S. subsidiaries of any of the foregoing. This term
includes those branches, offices and agencies of foreign financial
institutions which are located in the United States, but not such
institutions' foreign branches, offices, or agencies.
Subpart D--Interpretations
Sec. 595.401 Reference to amended sections.
Except as otherwise specified, reference to any section of this
part or to any regulation, ruling, order, instruction, direction, or
license issued pursuant to this part shall be deemed to refer to the
same as currently amended.
Sec. 595.402 Effect of amendment.
Any amendment, modification, or revocation of any section of this
part or of any order, regulation, ruling, instruction, or license
issued by or under the direction of the Director of the Office of
Foreign Assets Control shall not, unless otherwise specifically
provided, be deemed to affect any act done or omitted to be done, or
any civil or criminal suit or proceeding commenced or pending prior to
such amendment, modification, or revocation. All penalties,
forfeitures, and liabilities under any such order, regulation, ruling,
instruction, or license shall continue and may be enforced as if such
amendment, modification, or revocation had not been made.
Sec. 595.403 Termination and acquisition of an interest in blocked
property.
(a) Whenever a transaction licensed or authorized by or pursuant to
this part results in the transfer of property (including any property
interest) away from a specially designated terrorist, such property
shall no longer be deemed to be property in which a specially
designated terrorist has or has had an interest, or which is held in
the name of a specially designated terrorist, unless there exists in
the property another interest of a specially designated terrorist, the
transfer of which has not been effected pursuant to license or other
authorization.
(b) Unless otherwise specifically provided in a license or
authorization issued pursuant to this part, if property (including any
property interest) is transferred or attempted to be transferred to a
specially designated terrorist, including by the making of any
contribution of funds, goods, or services to or for the benefit of a
specially designated terrorist, such property shall be deemed to be
property in which there exists an interest of the specially designated
terrorist.
Sec. 595.404 Setoffs prohibited.
A setoff against blocked property (including a blocked account),
whether
[[Page 3810]]
by a U.S. bank or other U.S. person, is a prohibited transfer under
Sec. 595.201 if effected after the effective date.
Sec. 595.405 Transactions incidental to a licensed transaction.
Any transaction ordinarily incident to a licensed transaction and
necessary to give effect thereto is also authorized, except a
transaction by an unlicensed, specially designated terrorist or
involving a debit to a blocked account or a transfer of blocked
property not explicitly authorized within the terms of the license.
Sec. 595.406 Provision of services.
(a) Except as provided in Sec. 595.206, the prohibitions contained
in Secs. 595.201 and 595.204 apply to services performed by U.S.
persons, wherever located:
(1) On behalf of, or for the benefit of, a specially designated
terrorist; or
(2) With respect to property interests of a specially designated
terrorist.
(b) Example: U.S. persons may not, except as authorized by the
Office of Foreign Assets Control by or pursuant to this part, provide
legal, accounting, public relations, educational, or other services to
a specially designated terrorist. See Sec. 595.506.
Sec. 595.407 Offshore transactions.
The prohibitions contained in Sec. 595.201 apply to transactions by
U.S. persons in locations outside the United States with respect to
property which the U.S. person knows, or has reason to know, is held in
the name of a specially designated terrorist, or in which the U.S.
person knows, or has reason to know, a specially designated terrorist
has or has had an interest since the effective date.
Sec. 595.408 Charitable contributions to specially designated
terrorists.
(a) Unless otherwise specifically authorized by the Office of
Foreign Assets Control by or pursuant to this part, no charitable
contribution or donation of funds, goods, services,or technology to
relieve human suffering, such as food, clothing or medicine, may be
made to or for the benefit of a specially designated terrorist. For
purposes of this part, a contribution or donation is made to or for the
benefit of a specially designated terrorist if made to or in the name
of a specially designated terrorist; if made to or in the name of an
entity or individual acting for or on behalf of, or owned or controlled
by, a specially designated terrorist; or if made in an attempt to
violate, to evade or to avoid the bar on the provision of contributions
or donations to specially designated terrorists.
(b) Individuals and organizations who donate or contribute funds,
goods, services or technology without knowledge or reason to know that
the donation or contribution is destined to or for the benefit of a
specially designated terrorist shall not be subject to penalties for
such donation or contribution.
Subpart E--Licenses, Authorizations, and Statements of Licensing
Policy
Sec. 595.501 Effect of license or authorization.
(a) No license or other authorization contained in this part, or
otherwise issued by or under the direction of the Director of the
Office of Foreign Assets Control, shall be deemed to authorize or
validate any transaction effected prior to the issuance of the license,
unless specifically provided in such license or authorization.
(b) No regulation, ruling, instruction, or license authorizes any
transaction prohibited under this part unless the regulation, ruling,
instruction, or license is issued by the Office of Foreign Assets
Control and specifically refers to this part. No regulation, ruling,
instruction, or license referring to this part shall be deemed to
authorize any transaction prohibited by any provision of this chapter
unless the regulation, ruling, instruction or license specifically
refers to such provision.
(c) Any regulation, ruling, instruction, or license authorizing any
transaction otherwise prohibited under this part has the effect of
removing a prohibition or prohibitions contained in this part from the
transaction, but only to the extent specifically stated by its terms.
Unless the regulation, ruling, instruction, or license otherwise
specifies, such an authorization does not create any right, duty,
obligation, claim, or interest in, or with respect to, any property
which would not otherwise exist under ordinary principles of law.
Sec. 595.502 Exclusion from licenses and authorizations.
The Director of the Office of Foreign Assets Control reserves the
right to exclude any person, property, or transaction from the
operation of any license, or from the privileges therein conferred, or
to restrict the applicability thereof with respect to particular
persons, property, transactions, or classes thereof. Such action shall
be binding upon all persons receiving actual or constructive notice of
such exclusion or restriction.
Sec. 595.503 Payments and transfers to blocked accounts in U.S.
financial institutions.
(a) Any payment of funds or transfer of credit or other financial
or economic resources or assets into a blocked account in a U.S.
financial institution is authorized, provided that a transfer from a
blocked account pursuant to this authorization may only be made to
another blocked account held in the same name on the books of the same
U.S. financial institution. This authorization is subject to the
condition that written notification from the U.S. financial institution
receiving an authorized payment or transfer is furnished to the
Compliance Programs Division, Office of Foreign Assets Control, U.S.
Treasury Department, 1500 Pennsylvania Avenue, NW--Annex, Washington,
DC 20220, within 10 days from the value date of the payment or
transfer. This notification shall confirm that the payment or transfer
has been deposited into a blocked account pursuant to this section and
Sec. 595.203 and shall provide the account number, the name and address
of the person in whose name the account is held and, if the account
party is not a specially designated terrorist, the name of the
specially designated terrorist having an interest in the account, the
name and address of the transferee U.S. financial institution, the name
and address of the transferor financial institution, the amount of the
payment or transfer, the name and telephone number of a contact person
at the transferee financial institution from whom compliance
information may be obtained, and the name and telephone number of the
person, registered with the Office of Foreign Assets Control pursuant
to Sec. 595.603, responsible for the administration of blocked assets
at the transferee financial institution from whom records on blocked
assets may be obtained.
(b) This section does not authorize any transfer from a blocked
account within the United States to an account held outside the United
States.
Sec. 595.504 Investment and reinvestment of certain funds.
(a) U.S. financial institutions are hereby authorized and directed
to invest and reinvest assets held in blocked accounts in the name of a
specially designated terrorist, subject to the following conditions:
(1) The assets representing such investments and reinvestments are
credited to a blocked account or sub-account which is in the name of
the specially designated terrorist and which is located in the United
States or within
[[Page 3811]]
the possession or control of a U.S. person; and
(2) The proceeds of such investments and reinvestments are not
credited to a blocked account or sub-account under any name or
designation which differs from the name or designation of the specific
blocked account or sub-account in which such funds or securities were
held; and
(3) No immediate financial or economic benefit or access accrues
(e.g., through pledging or other use) to the specially designated
terrorist.
(b)(1) U.S. persons seeking to avail themselves of this
authorization must register with the Office of Foreign Assets Control,
Blocked Assets Section, before undertaking transactions authorized
under this section.
(2) Transactions conducted pursuant to this section must be
reported to the Office of Foreign Assets Control, Blocked Assets
Division, in a report filed no later than 10 business days following
the last business day of the month in which the transactions occurred.
Sec. 595.505 Entries in certain accounts for normal service charges
authorized.
(a) U.S. financial institutions are hereby authorized to debit any
blocked account with such U.S. financial institution in payment or
reimbursement for normal service charges owed to such U.S. financial
institution by the owner of such blocked account.
(b) As used in this section, the term normal service charge shall
include charges in payment or reimbursement for interest due; cable,
telegraph, or telephone charges; postage costs; custody fees; small
adjustment charges to correct bookkeeping errors; and, but not by way
of limitation, minimum balance charges, notary and protest fees, and
charges for reference books, photostats, credit reports, transcripts of
statements, registered mail insurance, stationary and supplies, check
books, and other similar items.
Sec. 585.506 Provision of certain legal services to a specially
designated terrorist.
(a) The provision to or on behalf of a specially designated
terrorist of the legal services set forth in paragraph (b) of this
section is authorized, provided that all receipts of payment therefor
must be specifically licensed. The provision of any other legal
services as interpreted in Sec. 595.406 requires the issuance of a
specific license.
(b) Specific licenses may be issued, on a case-by-case basis,
authorizing receipt of payment of professional fees and reimbursement
of incurred expenses for the following legal services by U.S. persons
to a specially designated terrorist:
(1) Provision of legal advice and counselling to a specially
designated terrorist on the requirements of and compliance with the
laws of any jurisdiction within the United States, provided that such
advice and counselling is not provided to facilitate transactions in
violation of this part;
(2) Representation of a specially designated terrorist when named
as a defendant in or otherwise made a party to domestic U.S. legal,
arbitration, or administrative proceedings;
(3) Initiation of domestic U.S. legal, arbitration, or
administrative proceedings in defense of property interests subject to
U.S. jurisdiction of a specially designated terrorist;
(4) Representation of a specially designated terrorist before any
federal agency with respect to the imposition, administration, or
enforcement of U.S. sanctions against a specially designated terrorist;
and
(5) Provision of legal services in any other context in which
prevailing U.S. law requires access to legal counsel at public expense.
(c) Enforcement of any lien, judgment, arbitral award, decree, or
other order through execution, garnishment or other judicial process
purporting to transfer or otherwise alter or affect a property interest
of a specially designated terrorist is prohibited unless specifically
licensed in accordance with Sec. 595.202(e).
Sec. 595.507 Authorization of emergency medical services.
The provision of nonscheduled emergency medical services to a
specially designated terrorist located in the United States is
authorized, provided that any payment for such services requires prior
authorization by specific license.
Subpart F--Reports
Sec. 595.601 Required records.
(a) Except as otherwise provided, every person engaging in any
transaction subject to the provisions of this part shall keep a full
and accurate record of each transaction engaged in, regardless of
whether such transaction is effected pursuant to license or otherwise,
and such record shall be available for examination for at least 5 years
after the date of such transaction. Except as otherwise provided, every
person holding property subject to Sec. 595.201 shall keep a full and
accurate record of such property, and such record shall be available
for examination for the period of time that such property is blocked
and for at least 5 years after the date such property is unblocked.
(b) Any person, other than an individual, required to maintain
records pursuant to this section, must designate an individual to be
responsible for providing information concerning such records to the
Office of Foreign Assets Control when so requested.
Sec. 595.602 Reports to be furnished on demand.
Every person is required to furnish under oath, in the form of
reports or otherwise, from time to time and at any time as may be
required, complete information relative to any transaction, regardless
of whether such transaction is effected pursuant to license or
otherwise, subject to the provisions of this part. Such reports may be
required to include the production of any books of account, contracts,
letters or other papers, connected with any such transaction or
property, in the custody or control of the person required to make such
reports. Reports with respect to transactions may be required either
before or after such transactions are completed. The Director of
Foreign Assets Control may, through any person or agency, conduct
investigations, hold hearings, administer oaths, examine witnesses,
receive evidence, take depositions, and require by subpoena the
attendance and testimony of witnesses and the production of all books,
papers, and documents relating to any matter under investigation,
regardless of whether any report has been required or filed in
connection therewith.
Sec. 595.603 Registration of persons holding blocked property subject
to Sec. 595.201.
(a) Any individual holding property subject to Sec. 595.201 must
register with the Office of Foreign Assets Control, Blocked Assets
Division by the later of February 12, 1996, or within 10 days after the
date such property is received or becomes subject to Sec. 595.201.
(b) Any person, other than an individual, holding property subject
to Sec. 595.201 must register the name, title, address, and telephone
number of the individual designated under Sec. 595.601(b) to be
responsible for the administration of blocked assets, from whom the
Office of Foreign Assets Control can obtain information and records.
The registration shall be sent to the Blocked Assets Division, Office
of Foreign Assets Control, U.S. Treasury Department, 1500 Pennsylvania
Avenue, NW--Annex, Washington, DC 20220, by the later of February 12,
1996,
[[Page 3812]]
or, unless notification is given pursuant to Sec. 595.503, 10 days
after the date such property is received or becomes subject to
Sec. 595.201.
Subpart G--Penalties
Sec. 595.701 Penalties.
(a) Attention is directed to section 206 of the International
Emergency Economic Powers Act (50 U.S.C. 1705), which provides that a
civil penalty of not to exceed $10,000 may be imposed on any person who
violates any license, order, or regulation issued under the
International Emergency Economic Powers Act; and that whoever willfully
violates any license, order, or regulation issued under the
International Emergency Economic Powers Act, shall, upon conviction, be
fined not more than $50,000, or, if a natural person, may be imprisoned
for not more than 10 years, or both; and any officer, director, or
agent of any corporation who knowingly participates in such violation
may be punished by a like fine, imprisonment, or both. Section 206 of
the International Emergency Economic Powers Act is applicable to
violations of any provision of this part and to violations of the
provisions of any license, ruling, regulation, order, direction, or
instruction issued by or pursuant to the direction or authorization of
the Secretary of the Treasury pursuant to this part or otherwise under
the International Emergency Economic Powers Act.
(b) Attention is directed to 18 U.S.C. 1001, which provides that
whoever, in any matter within the jurisdiction of any department or
agency of the United States, knowingly and willfully falsifies,
conceals or covers up by any trick, scheme, or device a material fact,
or makes any false, fictitious or fraudulent statements or
representation or makes or uses any false writing or document knowing
the same to contain any false, fictitious or fraudulent statement or
entry, shall be fined not more than $10,000 or imprisoned not more than
five years, or both.
(d) Violations of this part may also be subject to relevant
provisions of other applicable laws.
Sec. 595.702 Prepenalty notice.
(a) When required. If the Director of the Office of Foreign Assets
Control has reasonable cause to believe that there has occurred a
violation of any provision of this part or a violation of the
provisions of any license, ruling, regulation, order, direction or
instruction issued by or pursuant to the direction or authorization of
the Secretary of the Treasury pursuant to this part or otherwise under
the International Emergency Economic Powers Act, and the Director
determines that further proceedings are warranted, he shall issue to
the person concerned a notice of his intent to impose a monetary
penalty. The prepenalty notice shall be issued whether or not another
agency has taken any action with respect to this matter.
(b) Contents.--(1) Facts of violation. The prepenalty notice shall
describe the violation, specify the laws and regulations allegedly
violated, and state the amount of the proposed monetary penalty.
(2) Right to make presentation. The prepenalty notice also shall
inform the person of his right to make a written presentation within 30
days of mailing of the notice as to why a monetary penalty should not
be imposed, or, if imposed, why it should be in a lesser amount than
proposed.
Sec. 595.703 Presentation responding to prepenalty notice.
(a) Time within which to respond. The named person shall have 30
days from the date of mailing of the prepenalty notice to make a
written presentation to the Director of the Office of Foreign Assets
Control.
(b) Form and contents of written presentation. The written
presentation need not be in any particular form, but shall contain
information sufficient to indicate that it is in response to the
prepenalty notice. It should contain responses to the allegations in
the prepenalty notice and set forth the reasons why the person believes
the penalty should not be imposed or, if imposed, why it should be in a
lesser amount than proposed.
Sec. 595.704 Penalty notice.
(a) No violation. If, after considering any presentations made in
response to the prepenalty notice and any relevant facts, the Director
of the Office of Foreign Assets Control determines that there was no
violation by the person named in the prepenalty notice, he promptly
shall notify the person in writing of that determination and that no
monetary penalty will be imposed.
(b) Violation. If, after considering any presentations made in
response to the prepenalty notice, the Director of the Office of
Foreign Assets Control determines that there was a violation by the
person named in the prepenalty notice, he promptly shall issue a
written notice of the imposition of the monetary penalty to that
person.
Sec. 595.705 Administrative collection; referral to United States
Department of Justice.
In the event that the person named does not pay the penalty imposed
pursuant to this part or make payment arrangements acceptable to the
Director of the Office of Foreign Assets Control within 30 days of the
mailing of the written notice of the imposition of the penalty, the
matter may be referred for administrative collection measures by the
Department of the Treasury or to the United States Department of
Justice for appropriate action to recover the penalty in a civil suit
in a Federal district court.
Subpart H--Procedures
Sec. 595.801 Licensing.
(a) General licenses. General licenses have been issued authorizing
under appropriate terms and conditions certain types of transactions
which are subject to the prohibitions contained in this part. All such
licenses in effect on the date of publication are set forth in subpart
E of this part. It is the policy of the Office of Foreign Assets
Control not to grant applications for specific licenses authorizing
transactions to which the provisions of an outstanding general license
are applicable. Persons availing themselves of certain general licenses
may be required to file reports and statements in accordance with the
instructions specified in those licenses. Failure to file such reports
or statements will nullify the authority of the general license.
(b) Specific licenses.--(1) General course of procedure.
Transactions subject to the prohibitions contained in this part which
are not authorized by general license may be effected only under
specific licenses.
(2) Applications for specific licenses. Applications for specific
licenses to engage in any transactions prohibited by or pursuant to
this part may be filed by letter with the Office of Foreign Assets
Control. Any person having an interest in a transaction or proposed
transaction may file an application for a license authorizing such
transaction, but the applicant for a specific license is required to
make full disclosure of all parties in interest to the transaction so
that a decision on the application may be made with full knowledge of
all relevant facts and so that the identity and location of the persons
who know about the transaction may be easily ascertained in the event
of inquiry.
(3) Information to be supplied. The applicant must supply all
information specified by relevant instructions and/or forms, and must
fully disclose the
[[Page 3813]]
names of all the parties who are concerned with or interested in the
proposed transaction. If the application is filed by an agent, the
agent must disclose the name of his principal(s). Such documents as may
be relevant shall be attached to each application as a part of such
application except that documents previously filed with the Office of
Foreign Assets Control may, where appropriate, be incorporated by
reference. Applicants may be required to furnish such further
information as is deemed necessary to a proper determination by the
Office of Foreign Assets Control. Any applicant or other party in
interest desiring to present additional information or discuss or argue
the application may do so at any time before or after decision.
Arrangements for oral presentation should be made with the Office of
Foreign Assets Control.
(4) Effect of denial. The denial of a license does not preclude the
reopening of an application or the filing of a further application. The
applicant or any other party in interest may at any time request
explanation of the reasons for a denial by correspondence or personal
interview.
(5) Reports under specific licenses. As a condition for the
issuance of any license, the licensee may be required to file reports
with respect to the transaction covered by the license, in such form
and at such times and places as may be prescribed in the license or
otherwise.
(6) Issuance of license. Licenses will be issued by the Office of
Foreign Assets Control acting on behalf of the Secretary of the
Treasury or licenses may be issued by the Secretary of the Treasury
acting directly or through any specifically designated person, agency,
or instrumentality.
(7) Address. License applications, reports, and inquiries should be
addressed to the appropriate section or individual within the Office of
Foreign Assets Control, or to its Director, at the following address:
Office of Foreign Assets Control, U.S. Department of the Treasury, 1500
Pennsylvania Avenue, N.W.--Annex, Washington, D.C. 20220.
Sec. 595.802 Decisions.
The Office of Foreign Assets Control will advise each applicant of
the decision respecting filed applications. The decision of the Office
of Foreign Assets Control acting on behalf of the Secretary of the
Treasury with respect to an application shall constitute final agency
action.
Sec. 595.803 Amendment, modification, or revocation.
The provisions of this part and any rulings, licenses, whether
general or specific, authorizations, instructions, orders, or forms
issued hereunder may be amended, modified, or revoked at any time.
Sec. 595.804 Rulemaking.
(a) All rules and other public documents are issued by the
Secretary of the Treasury upon recommendation of the Director of the
Office of Foreign Assets Control. In general, rulemaking by the Office
of Foreign Assets Control involves foreign affairs functions of the
United States, and for that reason is exempt from the requirements
under the Administrative Procedure Act (5 U.S.C. 553) for notice of
proposed rulemaking, opportunity for public comment, and delay in
effective date. Wherever possible, however, it is the practice of the
Office of Foreign Assets Control to receive written submissions or hold
informal consultations with interested parties before the issuance of
any rule or other public document.
(b) Any interested person may petition the Director of the Office
of Foreign Assets Control in writing for the issuance, amendment, or
repeal of any rule.
Sec. 595.805 Delegation by the Secretary of the Treasury.
Any action which the Secretary of the Treasury is authorized to
take pursuant to Executive Order 12947 or any further Executive orders
relating to the national emergency declared in Executive Order 12947
may be taken by the Director of the Office of Foreign Assets Control,
or by any other person to whom the Secretary of the Treasury has
delegated authority so to act.
Sec. 595.806 Rules governing availability of information.
(a) The records of the Office of Foreign Assets Control which are
required by the Freedom of Information Act (5 U.S.C. 552) to be made
available to the public shall be made available in accordance with the
definitions, procedures, payment of fees, and other provisions of the
regulations on the Disclosure of Records of the Departmental Offices
and of other bureaus and offices of the Department of the Treasury
issued under 5 U.S.C. 552 and published at 31 CFR part 1.
(b) The records of the Office of Foreign Assets Control which are
required by the Privacy Act (5 U.S.C. 552a) to be made available to an
individual shall be made available in accordance with the definitions,
procedures, requirements for payment of fees, and other provisions of
the Regulations on the Disclosure of Records of the Departmental
Offices and of other bureaus and offices of the Department of the
Treasury issued under 5 U.S.C. 552a and published at 31 CFR part 1.
(c) Any form issued for use in connection with this part may be
obtained in person or by writing to the Office of Foreign Assets
Control, U.S. Department of the Treasury, 1500 Pennsylvania Avenue,
N.W.--Annex, Washington, D.C. 20220, or by calling 202/622-2480.
Subpart I--Paperwork Reduction Act
Sec. 595.901 Paperwork Reduction Act notice.
The information collection requirements in Secs. 595.503, 595.504,
subpart F, and Secs. 595.703 and 595.801 have been approved by the
Office of Management and Budget under the Paperwork Reduction Act and
assigned control number 1505-0156.
Dated: December 21, 1995.
R. Richard Newcomb,
Director, Office of Foreign Assets Control.
Approved: January 4, 1996.
John P. Simpson
Deputy Assistant Secretary (Regulatory, Tariff & Trade Enforcement).
[FR Doc. 96-2183 Filed 1-29-96; 5:06 pm]
BILLING CODE 4810-25-F
Complete official Federal Register PDF
FR Doc. 96-2154 Federal Travel Regulation; Relocation Income Tax (RIT) Allowance Tax Tables
[Federal Register Volume 61, Number 23 (Friday, February 2, 1996)]
[Rules and Regulations]
[Pages 3838-3840]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2154]
=======================================================================
-----------------------------------------------------------------------
GENERAL SERVICES ADMINISTRATION
41 CFR Part 302-11
[FTR Amendment 46]
RIN 3090-AF78
Federal Travel Regulation; Relocation Income Tax (RIT) Allowance
Tax Tables
AGENCY: Federal Supply Service, GSA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Federal, State, and Puerto Rico tax tables for calculating
the relocation income tax (RIT) allowance must be updated yearly to
reflect changes in Federal, State, and Puerto Rico income tax brackets
and rates. The Federal, State, and Puerto Rico tax tables contained in
this rule are for calculating the 1996 RIT allowance to be paid to
relocating Federal employees.
DATES: Effective date: This final rule is effective January 1, 1996.
Applicability date: The new tables in this final rule apply for RIT
allowance payments made on or after January 1, 1996.
FOR FURTHER INFORMATION CONTACT: Jane Groat, General Services
Administration, Transportation Management Division (FBX), Washington,
DC 20406, telephone 703-305-5745.
SUPPLEMENTARY INFORMATION: This amendment provides the tax tables
necessary to compute the relocation income tax (RIT) allowance for
employees who are taxed in 1996 on moving expense reimbursements.
GSA has determined that this rule is not a significant regulatory
action for the purposes of Executive Order 12866 of September 30, 1993.
This final rule is not required to be published in the Federal Register
for notice and comment. Therefore, the Regulatory Flexibility Act does
not apply.
List of Subjects in 41 CFR Part 302-11
Government employees, Income taxes, Relocation allowances and
entitlements, Transfers.
For the reasons set out in the preamble, 41 CFR part 302-11 is
amended to read as follows:
PART 302-11--RELOCATION INCOME TAX (RIT) ALLOWANCE
1. The authority citation for part 302-11 continues to read as
follows:
Authority: 5 U.S.C. 5721-5734; 20 U.S.C. 905(a); E.O. 11609, 36
FR 13747, 3 CFR, 1971-1975 Comp., p. 586; E.O. 12466, 49 FR 7349, 3
CFR, 1984 Comp., p. 165.
2. Appendixes A, B, C, and D to part 302-11 are amended by adding
the following tables at the end of each appendix, respectively:
Appendix A to Part 302-11--Federal Tax Tables for RIT Allowance
* * * * *
Federal Marginal Tax Rates by Earned Income Level and Filing Status--
Tax Year 1995
The following table is to be used to determine the Federal marginal
tax rate for Year 1 for computation of the RIT allowance as prescribed
in Sec. 302-11.8(e)(1). This table is to be used for employees whose
Year 1 occurred during calendar year 1995.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Single taxpayer Heads of household Married filing jointly/ Married filing
---------------------------------------------------- qualifying widows and separately
widowers -------------------------
Marginal tax rate (percent) But not But not --------------------------
Over over Over over But not Over But not
Over over over
--------------------------------------------------------------------------------------------------------------------------------------------------------
15.............................................. $6,643 $30,783 $11,937 $44,304 $16,387 $57,249 $8,171 $28,637
28.............................................. 30,783 68,684 44,304 102,201 57,249 119,362 28,637 59,017
31.............................................. 68,684 139,546 102,201 163,966 119,362 173,514 59,017 88,341
36.............................................. 139,546 283,746 163,966 294,200 173,514 286,217 88,341 147,650
39.6............................................ 283,746 ........... 294,200 ........... 286,217 ........... 147,650 ...........
--------------------------------------------------------------------------------------------------------------------------------------------------------
Appendix B to Part 302-11--State Tax Tables for RIT Allowance
* * * * *
State Marginal Tax Rates by Earned Income Level--Tax Year 1995
The following table is to be used to determine the State marginal
tax rates for calculation of the RIT allowance as prescribed in
Sec. 302-11.8(e)(2). This table is to be used for employees who
received covered taxable reimbursements during calendar year 1995.
[[Page 3839]]
----------------------------------------------------------------------------------------------------------------
Marginal tax rates (stated in percents) for the earned income amounts
specified in each column \1\ \2\
State (or district) ---------------------------------------------------------------------------
$20,000-$24,999 $25,000-$49,999 $50,000-$74,999 $75,000 and over
----------------------------------------------------------------------------------------------------------------
1. Alabama......................... 5 5 5 5
2. Alaska.......................... 0 0 0 0
3. Arizona......................... 3.25 4 5.05 6.9
If single status \3\............ 4 5.05 6.4 6.9
4. Arkansas........................ 4.5 7 7 7
If single status \3\............ 6 7 7 7
5. California...................... 2 4 8 11
If single status \3\............ 4 9.3 9.3 11
6. Colorado........................ 5 5 5 5
7. Connecticut..................... 4.5 4.5 4.5 4.5
8. Delaware........................ 6 7.6 7.7 7.7
9. District of Columbia............ 8 9.5 9.5 9.5
10. Florida......................... 0 0 0 0
11. Georgia......................... 6 6 6 6
12. Hawaii.......................... 8 9.5 10 10
If single status \3\............ 9.5 10 10 10
13. Idaho........................... 7.5 7.8 8.2 8.2
14. Illinois........................ 3 3 3 3
15. Indiana......................... 3.4 3.4 3.4 3.4
16. Iowa............................ 6.8 7.55 9.98 9.98
If single status \3\............ 7.2 8.8 9.98 9.98
17. Kansas.......................... 3.5 6.25 6.25 6.45
If single status \3\............ 4.4 7.75 7.75 7.75
18. Kentucky........................ 6 6 6 6
19. Louisiana....................... 2 4 4 6
If single status \3\............ 4 4 6 6
20. Maine........................... 4.5 7 8.5 8.5
If single status \3\............ 8.5 8.5 8.5 8.5
21. Maryland........................ 5 5 5 5
22. Massachusetts................... 5.95 5.95 5.95 5.95
23. Michigan........................ 4.4 4.4 4.4 4.4
24. Minnesota....................... 6 8 8 8.5
If single status \3\............ 8 8 8.5 8.5
25. Mississippi..................... 5 5 5 5
26. Missouri........................ 6 6 6 6
27. Montana......................... 6 9 10 11
28. Nebraska........................ 3.65 5.60 7.35 7.75
If single status \3\............ 5.60 7.35 7.60 7.75
29. Nevada.......................... 0 0 0 0
30. New Hampshire................... 0 0 0 0
31. New Jersey...................... 1.7 2.125 2.975 6.58
If single status \3\............ 1.7 4.25 6.013 6.58
32. New Mexico...................... 3.2 6 7.1 8.5
If single status \3\............ 6 7.1 7.9 8.5
33. New York........................ 4.55 7.594 7.594 7.594
If single status \3\............ 7.594 7.594 7.594 7.594
34. North Carolina.................. 6 7 7 7.75
35. North Dakota.................... 14 14 14 14
(See footnote 4)
36. Ohio............................ 2.972 4.457 5.201 7.5
37. Oklahoma........................ 4 7 7 7
If single status \3\............ 7 7 7 7
38. Oregon.......................... 9 9 9 9
39. Pennsylvania.................... 2.8 2.8 2.8 2.8
40. Rhode Island.................... 27.5 27.5 27.5 27.5
(See footnote 5)
41. South Carolina.................. 7 7 7 7
42. South Dakota.................... 0 0 0 0
43. Tennessee....................... 0 0 0 0
44. Texas........................... 0 0 0 0
45. Utah............................ 7.2 7.2 7.2 7.2
46. Vermont......................... (See footnote 6)
47. Virginia........................ 5 5.75 5.75 5.75
48. Washington...................... 0 0 0 0
49. West Virginia................... 4 4.5 6 6.5
50. Wisconsin....................... 6.55 6.93 6.93 6.93
51. Wyoming......................... 0 0 0 0
----------------------------------------------------------------------------------------------------------------
\1\ Earned income amounts that fall between the income brackets shown in this table (e.g., $24,999.45,
$49,999.75) should be rounded to the nearest dollar to determine the marginal tax rate to be used in
calculating the RIT allowance.
\2\ If the earned income amount is less than the lowest income bracket shown in this table, the employing agency
shall establish an appropriate marginal tax rate as provided in Sec. 302-11.8(e)(2)(ii).
[[Page 3840]]
\3\ This rate applies only to those individuals certifying that they will file under a single status within the
States where they will pay income taxes. All other taxpayers, regardless of filing status, will use the other
rate shown.
\4\ The income tax rate for North Dakota is 14 percent of Federal income tax liability for all employees. Rates
shown as a percent of Federal income tax liability must be converted to a percent of income as provided in
Sec. 302-11.8(e)(2)(iii).
\5\ The income tax rate for Rhode Island is 27.5 percent of Federal income tax liability for all employees.
Rates shown as a percent of Federal income tax liability must be converted to a percent of income as provided
in Sec. 302-11.8(e)(2)(iii).
\6\ The income tax rate for Vermont is 25 percent of Federal income tax liability for all employees. Rates shown
as a percent of Federal income tax liability must be converted to a percent of income as provided in Sec. 302-
11.8(e)(2)(iii).
Appendix C to Part 302-11--Federal Tax Tables for RIT Allowance--Year 2
* * * * *
Federal Marginal Tax Rates by Earned Income Level and Filing Status--
Tax Year 1996
The following table is to be used to determine the Federal marginal
tax rate for Year 2 for computation of the RIT allowance as prescribed
in Sec. 302-11.8(e)(1). This table is to be used for employees whose
Year 1 occurred during calendar years 1987, 1988, 1989, 1990, 1991,
1992, 1993, 1994, or 1995.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Single taxpayer Heads of household Married filing jointly/ Married filing
---------------------------------------------------- qualifying widows and separately
widowers -------------------------
Marginal tax rate (percent) But not But not --------------------------
Over over Over over But not Over But not
Over over over
--------------------------------------------------------------------------------------------------------------------------------------------------------
15.............................................. $6,885 $31,807 $12,295 $45,572 $17,027 $59,055 $8,229 $29,600
28.............................................. 31,807 70,867 45,572 105,805 59,055 123,190 29,600 61,245
31.............................................. 70,867 144,170 105,805 168,990 123,190 179,414 61,245 90,611
36.............................................. 144,170 292,883 168,990 301,968 179,414 295,681 90,611 150,779
39.6............................................ 292,883 ........... 301,968 ........... 295,681 ........... 150,779 ...........
--------------------------------------------------------------------------------------------------------------------------------------------------------
Appendix D to Part 302-11--Puerto Rico Tax Tables for RIT Allowance
* * * * *
Puerto Rico Marginal Tax Rates by Earned Income Level--Tax Year 1995
The following table is to be used to determine the Puerto Rico
marginal tax rate for computation of the RIT allowance as prescribed in
Sec. 302-11.8(e)(4)(i).
----------------------------------------------------------------------------------------------------------------
Single filing status Any other filing status
---------------------------------------------------
Marginal tax rate (percent) But not But not
Over over Over over
----------------------------------------------------------------------------------------------------------------
12.......................................................... ........... ........... ........... $25,000
18.......................................................... ........... $25,000 ........... ...........
31.......................................................... ........... ........... $25,000 $50,000
33.......................................................... $25,000 ........... $50,000 ...........
----------------------------------------------------------------------------------------------------------------
Dated: January 5, 1996.
Roger W. Johnson,
Administrator of General Services.
[FR Doc 96-2154 Filed 2-1-96;8:45am]
BILLING CODE 6820-24-F
Complete official Federal Register PDF
FR Doc. 96-2145 Delay of the Effective Date of the 1996 Marine Mammal Protection Act Final List of Fisheries
[Federal Register Volume 61, Number 23 (Friday, February 2, 1996)]
[Rules and Regulations]
[Pages 3851-3852]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2145]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 229
[Docket No. 950605147-5288-03; I.D. 112895A]
RIN 0648-AH33
Delay of the Effective Date of the 1996 Marine Mammal Protection
Act Final List of Fisheries
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; delay of effective date.
-----------------------------------------------------------------------
SUMMARY: NMFS published its Marine Mammal Protection Act of 1972 (MMPA)
final List of Fisheries (LOF) for 1996 on December 28, 1995. In that
rule, the effective period for the 1995 LOF was extended until March 1,
1996. The recent government shutdown delayed NMFS from mailing out
registration packets to commercial fishers for the Marine Mammal
Authorization Program. Therefore, NMFS is delaying the effective date
of the 1996 final LOF from March 1, 1996 to April 1, 1996.
EFFECTIVE DATE: February 2, 1996. The effective date of the MMPA final
LOF for 1996 is delayed from March 1, 1996 to April 1, 1996.
ADDRESSES: Information and registration material for the region in
which a fishery occurs may be obtained from the following addresses:
NMFS, Northeast Region, One Blackburn Drive, Gloucester, MA 01930-2298,
Attn: Sandra Arvilla; NMFS, Southeast Region, 9721 Executive Center
Drive North, St. Petersburg, FL 33702; NMFS, MMAP, Protected Species
Management Division, 501 W. Ocean Blvd., Suite 4200, Long Beach, CA
90802-4213; NMFS, Northwest Region, 7600 Sand Point Way NE, Seattle, WA
98115, Attn: Permits Office; NMFS - PMRD, P.O. Box 22668, 709 West 9th
Street, Juneau, AK 99082.
FOR FURTHER INFORMATION CONTACT: Victoria Cornish, Office of Protected
Resources, 301-713-2322; Douglas Beach, Northeast Region, 508-281-9254;
Charles Oravetz, Southeast Region, 813-570-5312; James Lecky, Southwest
Region, 310-980-4015; Brent Norberg, Northwest Region, 206-526-6140;
Steven Zimmerman, Alaska Region, 907-586-7235.
SUPPLEMENTARY INFORMATION:
In accordance with section 118 of the MMPA of 1972, and 50 CFR
229.4,
[[Page 3852]]
commercial fishers in Category I and II fisheries must register with
NMFS for authorization to seriously injure or kill marine mammals
incidental to fishing operations. On December 28, 1995, NMFS published
its MMPA final List of Fisheries (LOF) for 1996 (60 FR 67063), which
classified fisheries according to frequency of serious injury or
mortality of marine mammals. The preamble to the final regulations
implementing section 118 (60 FR 45086, August 30, 1995) stated that
vessel owners holding a valid Exemption Certificate under section 114
will be deemed by NMFS to have registered under section 118 through
December 31, 1995. Because it took longer than expected to publish the
MMPA final LOF for 1996, NMFS extended the MMPA LOF for 1995 to remain
in effect until March 1, 1996 (60 FR 67063, December 28, 1995). Vessel
owners holding a valid Exemption Certificate under section 114 were
deemed to have registered under section 118 until March 1, 1996. The
extension was intended to allow vessel owners sufficient time to
register under section 118 of the MMPA.
The recent government shutdown delayed NMFS from mailing
registration packets to commercial fishers for the Marine Mammal
Authorization Program. Therefore, NMFS is extending the effective date
of the 1996 LOF from March 1, 1996 to April 1, 1996. In conjunction
with this action, NMFS is extending the effective period for the 1995
LOF through March 31, 1996, and vessel owners holding a valid Exemption
Certificate under section 114 will be deemed to have registered under
section 118 through March 31, 1996. Owners or authorized
representatives of fishing vessels or non-vessel fishing gear that will
participate in a Category I or II fishery as of April 1, 1996 must
register for and obtain a valid section 118 Authorization Certificate
before April 1, 1996. Owners or authorized representatives of fishing
vessels or non-vessel fishing gear that will participate in a Category
I or II fishery after April 1, 1996 must register for and obtain a
valid section 118 Authorization Certificate before fishing activity
starts.
NMFS expects to mail registration packets to commercial fishers
during the second week of February, 1996. Commercial fishers who plan
to participate in Category I and II fisheries during the spring of 1996
should submit their completed registration forms and $25 fee to NMFS by
March 1, 1996 to allow NMFS at least 30 days to process the forms.
Commercial fishers who will be participating in affected fisheries that
begin later in the year should submit their completed registration form
and $25 fee at least 30 days before they expect to begin fishing.
Dated: January 26, 1996.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
[FR Doc. 96-2145 Filed 2-1-96; 8:45 am]
BILLING CODE 3510-22-F
Complete official Federal Register PDF
FR Doc. 96-2068 Availability of Information
[Federal Register Volume 61, Number 23 (Friday, February 2, 1996)]
[Rules and Regulations]
[Pages 3787-3788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2068]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Economics Management Staff
7 CFR Part 4001
Availability of Information
AGENCY: Economics Management Staff, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document removes the regulations of the Economics
Management Staff (EMS) regarding the availability of information to the
public in accordance with the Freedom of Information Act (FOIA) to
reflect an internal reorganization of the Department of Agriculture
(USDA).
EFFECTIVE DATE: February 2, 1996.
FOR FURTHER INFORMATION CONTACT: Stasia A.M. Hutchison, FOIA
Coordinator, Information Staff, Agriculture Research Service, USDA,
6303 Ivy Lane, Room 456, Greenbelt, MD 20770, Telephone (301) 344-2207.
SUPPLEMENTARY INFORMATION: The FOIA (5 U.S.C. 552(a)(1) requires
Federal agencies to publish in the Federal Register regulations
describing how the public may obtain information from the agency. Part
4001 of Title 7, Code of Federal Regulations, was issued in accordance
with the regulations of the Secretary of Agriculture at 7 CFR Part 1,
Subpart A, implementing FOIA.
Pursuant to an internal reorganization of USDA, EMS has been
abolished. This document removes 7 CFR Part 4001. Requests for
information relating to EMS may be obtained through the FOIA
Coordinator for ARS pursuant to 7 CFR Part 1, Subpart A, and 7 CFR Part
510.
This rule relates to internal agency management. Therefore,
pursuant to 5 U.S.C. 553, notice of proposed rulemaking and opportunity
for comment are not required, and this rule may be made effective less
than 30 days after publication in the Federal Register. Further, since
this rule relates to internal agency management, it is exempt from the
provisions of Executive Orders 12778 and 12866. Also, this rule will
not cause a significant economic impact or other substantial effect on
small entities. Therefore, the requirements of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq., do not apply.
[[Page 3788]]
List of Subjects in 7 CFR Part 4001
Freedom of information.
Accordingly, under the authority of U.S.C. 301 and 552, Part 4001
is removed.
Done at Washington, DC, this 29th day of January 1996.
Catherine E. Woteki,
Deputy Under Secretary, Research, Education and Economics.
[FR Doc. 96-2068 Filed 2-1-96; 8:45 am]
BILLING CODE 3410-03-M
Complete official Federal Register PDF
FR Doc. 96-2044 Panama Canal Commission Acquisition Regulation; Debarment, Suspension and Ineligibility
[Federal Register Volume 61, Number 23 (Friday, February 2, 1996)]
[Rules and Regulations]
[Pages 3846-3849]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2044]
=======================================================================
-----------------------------------------------------------------------
PANAMA CANAL COMMISSION
48 CFR Part 3509
RIN: 3207-AA30
Panama Canal Commission Acquisition Regulation; Debarment,
Suspension and Ineligibility
AGENCY: Panama Canal Commission.
ACTION: Interim final rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: The Panama Canal Commission is today amending its regulations
in Subpart 3509.4 of Title 48, Code of Federal Regulations (CFR),
concerning the debarment, suspension and ineligibility of contractors
or potential contractors to conform with changes in the Federal
Acquisition Regulation (FAR) and to improve the agency's notice and
administrative procedures pertaining to debarment, suspension or
ineligibility.
DATES: Effective February 2, 1996. Comments must be received by April
2, 1996.
ADDRESSES: Interested persons are invited to submit written comments
concerning this rule. Comments must be sent to John A. Mills,
Secretary, Panama Canal Commission, 1825 I Street NW., Suite 1050,
Washington, DC 20006-5402 (Telephone: (202) 634-6441; Facsimile: (202)
634-6439), or Theodore G. Lucas, Deputy General Counsel, Office of
General Counsel, Panama Canal Commission, Unit 2300, APO AA 34011-2300
(Telephone in Republic of Panama: 011 (507) 272-7511; Facsimile: 011
(507) 272-3748).
FOR FURTHER INFORMATION CONTACT: Theodore G. Lucas, Deputy General
Counsel, Office of General Counsel, Panama Canal Commission, or Barbara
Fuller, Assistant to the Secretary for Commission Affairs, Office of
the Secretary, Panama Canal Commission, 1825 I Street NW., Suite 1050,
Washington, DC 20006-5402 (Telephone: (202) 634-6441; Facsimile: (202)
634-6439).
SUPPLEMENTARY INFORMATION: Subpart 3509.4 forms part of the Panama
Canal Commission Acquisition Regulation (PAR) located at Part 3509 of
CFR Title 48. The subpart is being revised at this time to conform with
recent changes to this subpart in the FAR and to improve the agency's
notice and administrative procedures that govern actions pertaining to
debarment, suspension and ineligibility determinations.
The changes substitute ``Procurement Executive'' for ``Chairman of
the Debarment Committee'' in section 3509.404(c), remove paragraph (a)
from section 3509.406-1, the substance of which is now incorporated in
new section 3509.403, add paragraph (c) under section 3509.406-1 to
name the Procurement Executive as the agency head's designee with
respect to the action authorized by FAR 9.406-1(c), and improve the
procedures in section 3509.406-3 by providing a more comprehensive and
efficient system including the use of an independent, non-Government
fact-finding official where fact-finding is required and by improving
the internal processes of investigation, review and recommendation.
Several new sections are added to the subpart. Section 3509.403 is
added to identify the Administrator of the Panama Canal Commission as
the agency's Debarring Official and Suspending Official unless there is
a conflict of interest or a previously established recusal statement in
which case it is the Deputy Administrator. The new section also
introduces and defines the term Fact-finding Official. The appointment
and duties of a Fact-finding Official are developed fully at section
3509.406-3. Sections 3509.405, 3509.405-1 and 3509.405-2 are added to
name the Procurement Executive as the agency head's designee with
respect to the requirements of FAR 9.405 (a) and (d) (2) and (3),
9.405-1 (a) and (c) and 9.405-2(a). Section 3509.406-2 is unchanged.
Sections 3509.406-70, ``Settlement,'' and 3509.406-71, ``Voluntary
Exclusion,'' are added to enable the debarring official to, at his
discretion, resolve a potential debarment without engaging in the
complete debarment process. New sections 3509.407-2, 3509.407-70 and
3509.407-71 are added and section 3509.407-3 is revised to establish
that most of the subpart's provisions concerning debarment apply
equally to suspension. New section 3509.470 is substantively identical
to the existing 3509.406-3(b)(7) and new section 3509.471 is
substantively identical to the existing 3509.406-3(b)(6).
The section and paragraph numbers of this PAR subpart continue to
conform with the corresponding section and paragraph numbers of the
FAR.
The Commission has been exempted from Executive Order 12866 and,
accordingly, the provisions of that directive do not apply to this
rule. Even if the Order were applicable, this rule would not have
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act. Only a very small percentage of
contractors or prospective contractors doing business with the
Commission are debarred or suspended.
The agency has additionally determined the Paperwork Reduction Act
does not apply because these changes to the PAR do not impose
recordkeeping or information collection requirements or collections of
information from offerors, contractors or members of the public which
require the approval of the Office of Management and Budget under 44
U.S.C. 3501, et seq.
Further, the agency has determined implementation of the rule will
have no adverse effect on competition, employment, investment,
productivity or innovation or on the ability of United States-based
enterprises to compete with foreign-based enterprises in domestic or
export markets.
Finally, the Administrator of the Panama Canal Commission certifies
these regulatory changes meet the applicable standards provided in
sections 2(a) and 2(b)(2) of Executive Order No. 12778.
List of Subjects in 48 CFR Part 3509
Government procurement.
For the reasons set forth in the preamble, 48 CFR Part 3509 is
amended as follows:
PART 3509--CONTRACTOR QUALIFICATIONS
1. The authority citation for Part 3509 continues to read as
follows:
Authority: 40 U.S.C. 486(c).
2. Part 3509 is amended by revising Subpart 3509.4 to read as
follows:
Subpart 3509.4--Debarment, Suspension and Ineligibility
Sec. 3509.400 Scope of subpart.
3509.403 Definitions.
3509.404 List of Parties Excluded from Federal Procurement and
Nonprocurement Programs.
3509.405 Effect of listing.
3509.405-1 Continuation of current contracts.
[[Page 3847]]
3509.405-2 Restrictions on subcontracting.
3509.406 Debarment.
3509.406-1 General.
3509.406-2 Causes for debarment.
3509.406-3 Procedures.
3509.406-70 Settlement.
3509.406-71 Voluntary exclusion.
3509.407 Suspension.
3509.407-2 Causes for suspension.
3509.407-3 Procedures.
3509.407-70 Settlement.
3509.407-71 Voluntary exclusion.
3509.470 Special notice.
3509.471 Equal application.
Subpart 3509.4--Debarment, Suspension and Ineligibility
3509.400 Scope of subpart.
This subpart supplements, and shall be applied in conformity with,
FAR subpart 9.4.
3509.403 Definitions.
Debarring official means the Administrator of the Panama Canal
Commission (hereinafter ``Commission''). In the event the Administrator
is ineligible from participating personally in Commission actions with
respect to the particular contractor, named individual or affiliate
subject to the proposed debarment due to a conflict of interest or in
view of a previously established recusal statement, the Commission
Deputy Administrator shall be the debarring official.
Fact-finding official means a person not employed by the Commission
or any agency of the U.S. Government retained at Commission expense to
conduct fact-finding under this subpart. The individual must have no
prior knowledge of the particular subject matter and no conflict of
interest with respect to any of the parties involved in the debarment
or suspension action. He shall have knowledge of the laws and
regulations governing the federal procurement system, and shall have
experience in receiving evidence and formulating findings of fact.
Suspending official means the Commission Administrator. In the
event the Administrator is ineligible from participating personally in
Commission actions with respect to the particular contractor, named
individual or affiliate subject to the proposed suspension due to a
conflict of interest or in view of a previously established recusal
statement, the Commission Deputy Administrator shall be the suspending
official.
3509.404 List of parties excluded from Federal procurement and
nonprocurement programs.
(c) The Commission Procurement Executive (hereinafter ``PE'') shall
perform the actions required by FAR 9.404(c).
3509.405 Effect of listing.
The PE is the designee of the agency head for the purposes of FAR
9.405(a) and (d)(2) and (3) and may, upon the written recommendation of
the pertinent Head of the Contracting Activity (hereinafter ``HCA''),
make the determinations referenced therein.
3509.405-1 Continuation of current contracts.
The PE is the designee of the agency head for the purposes of FAR
9.405-1(a) and (c) and may, upon the written recommendation of the
pertinent HCA, take the actions referenced therein.
3509.405-2 Restrictions on subcontracting.
(a) The PE is the designee of the agency head for the purposes of
FAR 9.405-2(a) and may, upon the written recommendation of the
pertinent HCA, take the action referenced therein.
3509.406 Debarment.
3509.406-1 General.
(c) The PE is the designee of the agency head for the purposes of
FAR 9.406-1(c) and may, upon the written recommendation of the
pertinent HCA, take the action referenced therein.
3509.406-2 Causes for debarment.
In addition to the causes listed in FAR 9.406-2, the use of a
Panama Canal Commission employee or a member of the Commission's Board
of Directors as an agent or advocate for a Commission contractor, or
prospective contractor, shall be a cause for debarment.
3509.406-3 Procedures.
(a) Investigation and referral.
(1)(i) Any Commission official or employee who suspects or has
knowledge of any conduct, statement, act, or omission of, or
attributable to, a Commission contractor or a potential Commission
contractor which could justify debarment under FAR subpart 9.4 or this
subpart shall immediately report this information to the Commission
General Counsel (hereinafter ``GC'') or to the appropriate contracting
officer.
(ii) Any Commission official or employee who suspects or has
knowledge that a debarred individual or company has reestablished
itself under a new name shall immediately report this information to
the GC or to the appropriate contracting officer.
(2) When the GC receives such information he shall refer the matter
to the appropriate contracting officer for investigation and shall
notify the PE and the pertinent HCA. When the contracting officer
receives such information he shall notify the PE and the pertinent HCA.
(3) The contracting officer shall, in coordination with the
pertinent HCA, promptly investigate the matter, assemble all relevant
information and prepare a written report containing all available
evidentiary material, including copies of indictments and conviction
notices when applicable, and the names of the owners and officers, as
well as any affiliates, of the contractor in question. The written
report shall include a recommendation whether a debarment action should
be commenced and, if so, shall identify the causes for debarment, see
FAR 9.406-2 and 3509.406-2 of this subpart, and identify each company
and individual, including divisions of companies and affiliates, which
the contracting officer recommends should be specifically named in the
action.
(4) The contracting officer shall submit his report to the
pertinent HCA and a copy thereof to the PE and the GC. The HCA shall
study the report and promptly advise the PE, in writing, whether or not
he concurs in the contracting officer's recommendation and shall
explain the reasons for his concurrence or nonconcurrence.
(5) The PE shall study the contracting officer's report and the
recommendation of the HCA. If the HCA and the PE agree that a debarment
action should not be commenced, the PE shall so inform the debarring
official and shall prepare a memorandum for record describing and
closing the matter. If, however, either the HCA or the PE recommend
that a debarment action should be commenced, the PE shall forward the
contracting officer's report to the debarring official, together with
the recommendation of the HCA as well as the PE's own written
recommendation.
(b) Decisionmaking process.
(1) If the debarring official, after reviewing the contracting
officer's report and the recommendations of the HCA and the PE,
considering fully the provisions of FAR 9.402 and 9.406-1(a), and
consulting with the GC, determines there is a reasonable basis to
commence a debarment action, the debarring official shall instruct the
PE to sign and send to each specifically named company, individual or
affiliate to which the action is to apply, via certified mail, return
receipt requested, either:
(i) An informal notice of the Commission's intention to propose
debarment, see 3509.406-3(b)(2) of this subpart; or
[[Page 3848]]
(ii) A formal notice of the Commission's proposal to debar under
FAR 9.406-3(c).
(2) An informal notice of the Commission's intention to propose
debarment shall advise the addressee, in writing, of the following:
(i) The issuance under FAR 9.406-3(c) of a formal notice of
proposal to debar the addressee is seriously being considered by the
Commission;
(ii) The basic factual reasons for the contemplated debarment;
(iii) The causes relied upon under FAR 9.406-2 and 3509.406-2 of
this subpart;
(iv) The Commission's procedures governing the debarment process;
(v) The addressee's right to reply to the PE in writing within 21
calendar days of receipt of the informal notice, and show cause why the
Commission should not issue, to the addressee, a formal notice of
proposal to debar under FAR 9.406-3(c) for the reasons and causes cited
by the Commission;
(vi) That, if the PE does not receive a reply from the addressee to
the informal notice within 21 calendar days of the addressee's receipt
of the informal notice, the Commission will issue to the addressee a
formal notice of proposal to debar;
(vii) The effect of the issuance of a formal notice of proposal to
debar;
(viii) The potential effect of an actual debarment; and
(ix) That, while the Commission will carefully consider the content
of a timely reply to the informal notice, the Commission reserves the
right to issue a formal notice of proposal to debar without additional
discussion or correspondence.
(3) The PE shall study the timely reply of an addressee to an
informal notice and shall forward the reply to the GC and the debarring
official with the PE's evaluation and recommendation.
(4) If, after reviewing a timely reply to an informal notice, as
well as the views of the PE and the GC, the debarring official
determines, considering fully the provisions of FAR 9.402 and 9.406-
1(a), that a formal debarment action should commence, the debarring
official shall instruct the PE to sign and send a formal notice of
proposal to debar to the addressee.
(c) Notice of proposal to debar. In addition to the matters listed
at FAR 9.406-3(c), a formal notice of proposal to debar shall advise
the contractor and any specifically named individual or affiliate of
the specific, fundamental allegations of material fact supporting the
proposed debarment.
(d) Debarring official's decision.
(1) A submission in opposition to the Commission's formal notice of
proposal to debar presented by a contractor, or any named individual or
affiliate, shall include information and argument in opposition to the
proposed debarment, including any additional specific information or
documents that raise a genuine dispute over material facts. The
submission shall be addressed to the PE.
(2) If a timely submission in opposition to a formal notice of
proposal to debar is not presented by a named contractor, individual or
affiliate to whom a formal notice was sent, the PE shall, with respect
only to each such contractor, individual or affiliate that failed to
present a timely submission, study all the information in the
administrative record and shall forward the entire record to the
debarring official with an evaluation and recommendation whether to
debar the nonresponding contractor, individual or affiliate and, if so,
for what period of time.
(3) If a timely submission in opposition to a formal notice of
proposal to debar is submitted in actions based upon a conviction or
civil judgment, the PE shall evaluate all the information in the
administrative record, including the submission in opposition, and
shall forward these materials to the debarring official with a
recommendation whether to debar and, if so, for what period of time.
(4)(i) If a timely submission in opposition to a formal notice of
proposal to debar is presented in actions not based upon a conviction
or civil judgment, the PE shall evaluate the formal notice of proposal
to debar and the submission in opposition and shall determine, with the
advice of the GC, if the submission raises a genuine dispute over any
facts material to the proposed debarment. If it does not, the PE shall
forward the entire administrative record, including the submission in
opposition, to the debarring official with an evaluation and a
recommendation whether to debar and, if so, for what period of time.
(ii) If, however, the PE determines, in consultation with the GC,
that a timely submission in opposition to a formal notice of proposal
to debar in actions not based upon a conviction or civil judgment
raises a genuine dispute over any fact material to the proposed
debarment, the PE shall so advise the contractor, named individual or
affiliate, and shall inquire whether a fact-finding hearing is desired.
If a fact-finding hearing is not requested by the contractor, named
individual or affiliate, the PE shall forward the entire administrative
record, including the submission in opposition, to the debarring
official with an evaluation and a recommendation whether to debar and,
if so, for what period of time.
(iii) If a fact-finding hearing is requested, the PE shall appoint
a fact-finding official to whom all matters involving disputed material
facts shall be referred. The PE will provide the fact-finding official
with a copy of the entire administrative record including the
submission in opposition. The fact-finding official shall study the
Commission's notice(s) of proposal to debar and the submission(s) in
opposition, and shall identify specifically the material facts in
genuine dispute and so advise the pertinent contractor, named
individual or affiliate, as well as the Commission's designated
advocate in the Office of General Counsel. A fact-finding hearing shall
be scheduled and conducted by the fact-finding official, and shall take
place in a Commission facility in Panama unless the fact-finding
official determines that fundamental fairness compels the use of
another location. The rules governing the fact-finding hearing shall be
established by the fact-finding official but shall conform fully with
FAR 9.406-3(b)(2) and (d)(2) and (3).
(5) The fact-finding official shall present written findings of
fact and the transcribed record of the hearing, if made, to the
debarring official within 21 calendar days from his receipt of the
transcript or from the final day of the hearing if no transcript is
ordered. The findings shall resolve each material fact previously
determined to be in genuine dispute based on a preponderance of the
evidence presented.
(6) Upon receiving the complete administrative record and the
evaluation and recommendation of the PE or, if there was a fact-finding
hearing, upon receiving the hearing record and the findings of fact of
the fact-finding official and the evaluation and recommendation of the
PE, the debarring official shall, considering fully the provisions of
FAR 9.402 and 9.406-1(a), make a final decision whether to impose
debarment. If debarment is chosen, the debarring official shall also
determine the period of debarment.
(e) Notice of debarring official's decision. The debarring official
shall promptly notify the contractor and any named individual or
affiliate of the final decision in writing by certified mail, return
receipt requested.
3509.406-70 Settlement.
(a) At any time prior to the debarring official's issuance of a
final decision whether to debar, the debarring official may, in the
best interests of the U.S.
[[Page 3849]]
Government, forgo or withdraw a proposed debarment by entering into a
written agreement with the contractor, named individual or affiliate,
in which the contractor, individual or affiliate agrees to perform,
accomplish or implement such remedial measures or mitigating factors as
are listed at FAR 9.406-1(a). The contractor, individual or affiliate
shall also agree that its failure to observe any term or condition of
the agreement shall constitute sufficient cause for the immediate
imposition of debarment by the debarring official without entitlement
to a fact-finding hearing.
(b) The debarring official shall not enter into a settlement
agreement if the proposed debarment is based on a conviction of or
civil judgment for any of the causes in FAR 9.406-2(a).
3509.406-71 Voluntary exclusion.
(a)(1) At any time prior to the debarring official's issuance of a
final decision whether to debar, the debarring official may, in the
best interests of the U.S. Government, forgo or withdraw a proposed
debarment by entering into a written agreement with the contractor,
named individual or affiliate, in which the contractor, individual or
affiliate agrees to voluntarily refrain, for a specified period of
time, from attempting to obtain, and from entering into, any contract,
purchase agreement or other form of contractual relationship,
regardless of dollar amount, with, as the debarring official may
determine, either: (i) the Commission; or (ii) the Commission and one
or more, or all, other agencies, departments or entities of the U.S.
Government.
(2) A voluntary exclusion will not be reported to the GSA nor
appear in the ``List of Parties Excluded from Federal Procurement and
Nonprocurement Programs,'' and if the contractor, individual or
affiliate is currently listed due to a Commission notice of proposal to
debar the PE will advise the GSA of the voluntary exclusion and request
the immediate cessation of the listing. The contractor, individual or
affiliate shall agree that its failure to observe any term or condition
of the voluntary exclusion shall constitute sufficient cause for the
immediate imposition of debarment by the debarring official without
entitlement to a fact-finding hearing.
(b) The debarring official shall not enter into a voluntary
exclusion agreement if the proposed debarment is based on a conviction
of or civil judgment for any of the causes in FAR 9.406-2(a).
3509.407 Suspension.
3509.407-2 Causes for suspension.
In addition to the causes listed in FAR 9.407-2, the cause for
debarment identified in 48 CFR (PAR) 3509.406-2 also applies to
suspension actions.
3509.407-3 Procedures.
(a) The procedures set forth in 48 CFR (PAR) 3509.406-3 for
debarment also apply, insofar as they are compatible with the
procedures set forth in FAR 9.407-3, to suspension actions except those
procedures identified in paragraph (b) of this subsection.
(b) The following procedures in 48 CFR (PAR) 3509.406-3 do not
apply to suspension actions: 3509.406-3(b)(1)(i), 3509.406-3(b) (2)
through (4) and 3509.406-3(c).
(c) Notice of suspension. In addition to the matters listed at FAR
9.407-3(c), in actions not based on an indictment, a notice of
suspension shall advise the contractor and any specifically named
individual or affiliate of the specific, fundamental allegations of
material fact supporting the suspension.
3509.407-70 Settlement.
Where a suspension is being considered, the suspending official may
enter into a settlement agreement in the same manner and under the same
terms as are provided in 48 CFR (PAR) 3509.406-70.
3509.407-71 Voluntary exclusion.
Where a suspension is being considered, the suspending official may
enter into a voluntary exclusion agreement in the same manner and under
the same terms as are provided in 48 CFR (PAR) 3509.406-71.
3509.470 Special notice.
The Commander in Chief, United States Southern Command, shall be
notified by the Procurement Executive of the issuance of any Commission
notice of proposal to debar and of any debarment or suspension decision
made by the debarring or suspending official.
3509.471 Equal application.
These procedures for debarment and suspension apply equally to all
firms, individuals and affiliates doing business with the Panama Canal
Commission regardless of their nationality, residence or location.
Dated: January 24, 1996.
Gilberto Guardia F.,
Administrator, Panama Canal Commission.
[FR Doc. 96-2044 Filed 2-1-96; 8:45 am]
BILLING CODE 3640-04-P
Complete official Federal Register PDF
FR Doc. 96-2018 Organization and Operations of Federal Credit Unions
[Federal Register Volume 61, Number 23 (Friday, February 2, 1996)]
[Rules and Regulations]
[Pages 3788-3792]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2018]
=======================================================================
-----------------------------------------------------------------------
NATIONAL CREDIT UNION ADMINISTRATION
12 CFR Parts 701, 709 and 741
Organization and Operations of Federal Credit Unions
AGENCY: National Credit Union Administration (NCUA).
ACTION: Interim final rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: This interim rule authorizes credit unions serving
predominantly low-income members to raise secondary capital from
foundations and other philanthropic-minded institutional investors.
Increased capital will in turn enable these credit unions to make more
loans and improve other financial services for the limited income
groups and communities they serve.
This rule establishes a new section in NCUA's Regulations providing
authority for secondary capital accounts and amending existing
regulatory provisions concerning designation of low-income status. The
rule also amends an existing rule to address the authority of federally
insured state credit unions to issue secondary capital accounts, and
amends another rule to establish that secondary capital accounts are
paid after all other claims in the event of liquidation.
Secondary capital accounts will not be issued as share accounts and
will not establish voting or ownership rights. The applicability of
this rule is limited to credit unions having a low-income designation
from NCUA or the appropriate state regulator.
DATES: The interim rule is effective January 25, 1996. Comments must be
received on or before April 1, 1996.
ADDRESSES: Comments should be directed to Becky Baker, Secretary of the
Board. Mail or hand-deliver comments to National Credit Union
Administration, 1775 Duke Street, Alexandria, Virginia 22314-3428. Fax
comments to (703) 518-6319. Post comments on NCUA's electronic bulletin
board by dialing (703) 518-6480. Please send comments by one method
only.
FOR FURTHER INFORMATION CONTACT: Joyce Jackson, Special Assistant,
Office of Community Development Credit Unions, at the above address or
telephone (703) 518-6610, or David Marquis, Director, Office of
Examination and Insurance, or Stephen Austin, Director of the
Department of Supervision, Office of Examination and Insurance, both at
the above address or telephone (703) 518-6360, or Robert M. Fenner,
General Counsel, at the above address or telephone (703) 518-6540.
SUPPLEMENTARY INFORMATION:
Background
As of November, 1995, there were 260 federally insured credit
unions designated by NCUA or the appropriate state regulator as serving
predominantly low-income members. Like other credit unions serving
members of limited financial means, these credit unions perform an
important mission of providing loans and other financial services to
individuals and communities who most need these services and most often
do not have them available from other sources. Like all insured credit
unions, the low-income designated credit unions are, as a group, quite
healthy and financially strong. For example, the average net capital
ratio for low-income designated credit unions as of May, 1995 was 9.8
percent.
Individual low-income designated credit unions find it difficult,
however, in view of the limited resources of their members, to
accumulate capital. (As cooperatives, credit unions build their primary
capital--statutory reserves--solely by setting aside a portion of their
income each accounting period.) To ease this burden, and to facilitate
an additional opportunity for low-income designated credit unions to
build capital that will support greater lending and financial services
in their communities, the NCUA Board is issuing this interim final rule
authorizing secondary capital accounts. These capital accounts, to the
extent that low-income designated credit unions choose to offer them,
will supplement rather than reduce existing statutory reserve
requirements.
Overview
The Board has established certain key safety and soundness elements
in this interim rule to ensure both that secondary capital accounts
serve the purpose of capital--i.e. that they are available to absorb
loss and thus prevent losses to members or the failure of the
institution--and that there is no misunderstanding on the part of
investors as to the nature of the accounts and the risks involved.
Included are the following:
The accounts may be offered only to organizational
investors, not to natural person members or other natural person
investors.
The accounts are subordinate to all other claims on the
assets of the credit union.
The accounts are not insured by the National Credit Union
Share Insurance Fund or any other government entity, and may not be
offered as share accounts. It is anticipated that credit unions will
issue these accounts as a form of subordinated debt.
Funds in the accounts must be available to cover losses,
after depletion of reserves and undivided earnings, but prior to
liquidation of the credit union.
The accounts must have a minimum maturity of five years.
These and other key provisions must be reflected in an
account agreement and in disclosures prescribed as an Appendix to the
interim rule.
When the remaining maturity of a secondary capital account
is less than five years, the credit union will reflect through a
footnote to its financial statement, and NCUA will recognize, the
capital value of the account as a percentage of the account's face
value, on a sliding scale ranging from 80% of face value (four years to
less than five years remaining maturity) to zero (less than one year
remaining maturity).
Additional Explanation of Amendments
This interim rule contains four separately numbered amendments. The
following is an additional explanation of each.
Amendment 1 removes from Section 701.32 of NCUA's rules the
provisions concerning designation of low-income status. Those
provisions are now placed in new Section 701.34. As a result, Section
701.32 now deals solely with the limitations on federally insured
credit unions receiving nonmember shares above certain levels without
prior NCUA approval. Such shares include public unit shares in all
federally insured credit unions and other nonmember shares in the case
of low-income designated credit unions. Section 701.34 contains the
provisions related solely to low-income designated credit unions: The
rules concerning designation of low-income status and the new
provisions concerning receipt of secondary capital accounts.
Because secondary capital accounts are not share accounts, they are
not subject to the Section 701.32 limitations. A reference in Section
701.32(b)(1) to ``accounts'' is replaced
[[Page 3789]]
with ``shares'' to eliminate any possible confusion over the fact that
Section 701.32 is limited in its applicability to nonmember share
accounts.
Amendment 2 establishes the new Section 701.34. Section 701.34(a)
contains the provisions concerning designation of low-income status,
Section 701.34(b) contains the provisions authorizing secondary capital
accounts and setting forth the terms and conditions for these accounts,
and Section 701.34(c) establishes the sliding scale capital values for
accounts with remaining maturities of less than five years.
As previously discussed, the Board has established a number of
requirements in this interim rule to ensure both that these accounts
actually serve as capital and that there is no misunderstanding on the
part of investors as to the risks involved. A credit union offering
these accounts must adopt a written plan addressing how the credit
union will use the funds and how the credit union will meet liquidity
needs to repay the funds upon maturity. The plan must be submitted to
the appropriate NCUA Regional Director. The submission is for purposes
of notice to NCUA; the credit union need not await NCUA approval.
Other requirements include that the accounts may be offered only to
nonnatural person investors, that the accounts have a minimum maturity
of five years, that they are not insured, that they may not be provided
as security on other obligations of the accountholder, that the
accounts will not ``carry over'' in the event of merger into a credit
union that is not low-income designated, that claims represented by
these accounts are subordinate to all other claims on the credit union,
and that they are available to cover losses. The accounts may not be
offered as share accounts. Lowincome designated Federal credit unions
that choose to offer these accounts will do so pursuant to their
borrowing authority, and this will presumably be the case for
federally-insured state chartered credit unions as well, depending on
their authority under state law.
Funds in secondary capital accounts must be available to cover
losses in an operating credit union, i.e. the funds are available
without having to liquidate the credit union. The funds must be
available to cover losses that exceed available ``reserves and
undivided earnings''. For this purpose, reserves and undivided earnings
are exclusive of all allowance accounts for loan and investment losses,
inasmuch as such allowance accounts are already earmarked to cover
other anticipated losses.
To avoid overreliance on the availability of these temporary
accounts to cover future operating losses, the rule establishes a
declining scale for the capital value of accounts with less than five
years remaining maturity. (All of the funds, however, will continue to
be at risk to cover losses that exceed reserves and undivided
earnings.) Accounts with remaining maturities of at least four years
but less than five are counted as capital at 80 percent of face value,
remaining maturities of at least three but less than four years are
counted at 60 percent, and so on, to the point of less than one year
remaining maturity, where the account reflects no capital value. In
addition to preventing overstatement of the true value of these
accounts as continuing capital, this feature will encourage credit
unions to continually replenish their sources of maturing secondary
capital to the extent such funds are needed to support ongoing lending
programs and other operations. The reduced capital value of the
accounts will be shown through a footnote to the credit union's
financial statement.
The interim rule sets forth prescribed disclosures, as Appendix A
to section 701.34, that must be provided to investors in secondary
capital accounts, and requires that signed originals of the disclosure
and account agreement be retained by the credit union at least for the
life of the agreement.
Amendment 3 updates NCUA's regulatory provisions for federally
insured state credit unions related to low-income designation and
receipt of secondary capital accounts. This amendment revises Part 741
Requirements for Insurance by adding a new 741.204(c) and making
conforming amendments to Section 741.204(b). The new 741.204(c)
establishes that state chartered federally insured credit unions may
offer secondary capital accounts on the same terms and conditions as
Federal credit unions, as long as the credit union has a low-income
designation pursuant to 741.204(b) and the accounts are not
inconsistent with state law or regulation. State chartered credit
unions must submit their plan to both the Regional Director and their
state supervisor, and should coordinate with the state supervisor to
confirm that these accounts are permissible under state law and to
determine whether preapproval of the state supervisor is required.
Amendment 4 revises Section 709.5 Payout Priorities in Involuntary
Liquidation by adding a new Section 709.5(b)(8) to establish that
secondary capital accounts in low-income designated credit unions are
paid after all other claims in the event of involuntary liquidation.
Also, Section 709.5(e) is revised to specify that, in the unlikely
event of a liquidation surplus, secondary capital holders would be
repaid before payment of a liquidation dividend.
Effective Date; Interim Rule; Comment Period
Although this amendment is being issued as an interim final rule
and is effective immediately, the NCUA Board encourages credit unions
to submit comments. Comments may be submitted on or before April 1,
1996.
Because this rule provides a new authority to low-income designated
credit unions and use of the authority is voluntary, the NCUA Board
finds that good cause exists for an immediate effective date. Moreover,
the Board finds it necessary and appropriate to act quickly in this
matter in order to allow credit unions an additional avenue to meet the
matching fund requirements established by the Community Development
Financial Institutions (CDFI) Fund. 60 FR 54110, 54112 (October 19,
1995).
Institutions, including credit unions, seeking funds under the CDFI
Program are to submit applications to CDFI by January 29, 1996. NCUA is
aware of several low-income credit unions that have submitted or will
submit applications to CDFI. CDFI will in turn grant funding in the
form of loans, deposits/shares, or capital grants to qualifying
institutions. However, one of the major qualifications of the CDFI
Program is the requirement that the institution ``obtain matching funds
from sources other than the Federal government.'' 60 FR at 54112.
Institutions must have ``firm commitments for the matching funds
requirements * * * not later than July 1, 1996.'' 60 FR 54136.
This interim rule will provide low-income credit unions that have
applied for CDFI funds with a method of raising secondary capital that
may be counted as matching funds for either capital grants or loans,
depending on the approach ultimately followed by the CDFI Fund. If this
was a proposed rule and not an interim rule with an immediate effective
date, federally-insured credit unions would have a very limited window
of opportunity from the date of a final rule to solicit secondary
capital funds. Any delay in the effective date of this rule is contrary
to the best interests of federally-insured credit
[[Page 3790]]
unions which qualify under the CDFI Program.
Request for Comments
Although this interim rule is effective immediately, the NCUA Board
welcomes comment on any aspect of the rule. After the close of the
comment period and analysis of the comments, the Board will determine
whether any changes in the rule are necessary or appropriate.
Regulatory Procedures
Regulatory Flexibility Act
The NCUA Board certifies that this rule will not have a significant
impact on a substantial number of small credit unions. The rule affects
only low-income designated credit unions, and imposes no mandatory
regulatory burden on those credit unions. Rather, it increases
flexibility by providing a new method of raising capital through
secondary capital accounts. Accordingly, a Regulatory Flexibility
Analysis is not required.
Paperwork Reduction Act
NCUA has determined that the requirements that low-income
designated credit unions choosing to offer secondary capital accounts
must adopt a written plan, send a copy of the plan to their NCUA
Regional Director, and have account contract documents and disclosure
forms constitute collection of information requirements under the
Paperwork Reduction Act of 1995. The Paperwork Reduction Act and
regulations of the Office of Management and Budget (OMB) require that
the public be provided an opportunity to comment on information
collection requirements, including an agency's estimate of the burden
of the collection of information. NCUA believes that these requirements
are essential both to ensure the safe and sound operation of a
secondary capital program and to ensure that account holders fully
understand the nature of their investment in the credit union and the
risks involved.
NCUA estimates that the increase in paperwork requirements will
affect less than 50 credit unions. The requirements will affect only
those credit unions that have a low-income designation and voluntarily
choose to offer secondary capital accounts. NCUA estimates that it
should reasonably take no more than three hours to comply with the
paperwork requirements. This translates to 150 burden hours. The NCUA
Board invites comment on: (1) Whether the collection of information is
necessary for the proper performance of the functions of NCUA,
including whether the information will have practical utility; (2) the
accuracy of NCUA's estimate of the burden of the collection of
information; (3) ways to enhance the quality, utility, and clarity of
the information to be collected; and (4) ways to minimize the burden of
the collection on respondents, including through the use of automated
collection techniques or other forms of information technology. Send
comments to Suzanne Beauchesne, National Credit Union Administration,
1775 Duke Street, Alexandria, VA 22314-3428. Comments should be
postmarked by April 2, 1996.
NCUA will, after 60 days from the effective date of the interim
rule, submit the paperwork requirements to OMB for review under the
Paperwork Reduction Act and publish a notice to that effect in the
Federal Register. NCUA will also publish a notice in the Federal
Register once OMB takes action on the submission. Federally insured
credit unions are not required, pursuant to the terms of the Paperwork
Reduction Act, to comply with paperwork requirements until OMB approval
and an OMB control number are received. Low-income designated credit
unions that choose to offer secondary capital accounts will be
expected, however, as a matter of safety and soundness, to adopt
written plans, forward a copy of the credit union's plan to the
Regional Director (and state supervisor in the case of state credit
unions) and use account contract documents and disclosure forms that
meet the requirements of this rule in every respect. Failure to do so
may jeopardize the ability of low-income designated credit unions to
use this authority pending completion of the rulemaking process.
Executive Order 12612
Executive Order 12612 requires NCUA to consider the effects of its
actions on state interests. This rule has no adverse effects on state
interests. The rule provides additional authority for federally insured
state chartered credit unions, but only to the extent not inconsistent
with state law and regulations. The NCUA Board, however, specifically
requests the comments of State credit union regulators to obtain their
guidance in how the rule may affect their credit unions.
List of Subjects in 12 CFR Parts 701, 709 and 741
Bank deposit insurance, Credit unions, Reporting and recordkeeping
requirements.
By the National Credit Union Administration Board on January 25,
1996.
Becky Baker,
Secretary of the Board.
Accordingly, NCUA amends 12 CFR chapter VII as follows:
PART 701--ORGANIZATION AND OPERATIONS OF FEDERAL CREDIT UNIONS
1. The authority citation for part 701 continues to read as
follows:
Authority: 12 U.S.C. 1752(5), 1755, 1756, 1757, 1759, 1761a,
1761b, 1766, 1767, 1782, 1784, 1787, 1789 and Public Law 101-73.
Section 701.6 is also authorized by 31 U.S.C. 3717. Section 701.31
is also authorized by 12 U.S.C. 1601, et seq., 42 U.S.C. 1981 and 42
U.S.C. 3601-3610. Section 701.35 is also authorized by 12 U.S.C.
4311-4312.
2. Section 701.32 is amended by revising the section heading and
paragraphs (a) and (b)(1) to read as follows:
Sec. 701.32 Payment on shares by public units and nonmembers.
(a) Authority. A Federal credit union may, to the extent permitted
under Section 107(6) of the Act and this section, receive payments on
shares, (regular shares, share certificates, and share draft accounts)
from public units and political subdivisions thereof (as those terms
are defined in Sec. 745.1) and nonmember credit unions, and to the
extent permitted under the Act, this section and Sec. 701.34, receive
payments on shares (regular shares, share certificates, and share draft
accounts) from other nonmembers.
(b) Limitations. (1) Unless a greater amount has been approved by
the Regional Director, the maximum amount of all public unit and
nonmember shares shall not, at any given time, exceed 20% of the total
shares of the federal credit union or $1.5 million, whichever is
greater.
* * * * *
3. Section 701.34 is added by redesignating paragraph (d) of
Sec. 701.32 as paragraph (a) of Sec. 701.34, by revising the third
sentence of newly designated paragraph (a)(1) and by adding new
paragraphs (b) and (c) and an Appendix as follows:
Sec. 701.34 Designation of low-income status; receipt of secondary
capital accounts by low-income designated credit unions.
(a) Designation of low-income status. (1) * * * The designation may
be removed by the Regional Director upon notice to the federal credit
union if the definitions set forth in paragraphs (a)(2)
[[Page 3791]]
and (3) of this section are no longer met. * * *
* * * * *
(b) Receipt of secondary capital accounts by low-income designated
credit unions. A Federal credit union having a designation of low
income status pursuant to paragraph (a) of this section may offer
secondary capital accounts to nonnatural person members and nonnatural
person nonmembers on the following conditions:
(1) Prior to offering secondary capital accounts, the credit union
shall adopt, and forward to the appropriate NCUA Regional Director, a
written plan for use of the funds in the secondary capital accounts and
subsequent liquidity needs to meet repayment requirements upon maturity
of the accounts.
(2) The secondary capital account must be established as a
subordinated debt account or other form of non-share account.
(3) The maturity of the secondary capital account must be for a
minimum of five years.
(4) The secondary capital account must not be redeemable prior to
maturity.
(5) The secondary capital account shall not be insured by the
National Credit Union Share Insurance Fund or any governmental or
private entity.
(6) The secondary capital account holder's claim against the credit
union must be subordinate to all other claims including those of
shareholders, creditors and the National Credit Union Share Insurance
Fund.
(7) Funds in the secondary capital account (including both
principal and interest) must be available to cover operating losses
realized by the credit union that exceed its net available reserves and
undivided earnings (i.e., reserves and undivided earnings exclusive of
allowance accounts for loan and investment losses), and to the extent
funds are so used, the credit union shall under no circumstances
restore or replenish the account. Losses shall be distributed pro-rata
among all secondary capital accounts held by the credit union at the
time the losses are realized.
(8) The secondary capital account may not be pledged or provided by
the account-holder as security on a loan or other obligation with the
credit union or any other party.
(9) In the event of merger or other voluntary dissolution of the
credit union, other than merger into another low-income designated
credit union, the secondary capital accounts will, to the extent they
are not needed to cover losses at the time of merger or dissolution, be
closed and paid out to the account-holder.
(10) A secondary capital account contract agreement must be
executed between an authorized representative of the account holder and
the credit union accurately establishing the terms and conditions of
this section and containing no provisions inconsistent therewith.
(11) A disclosure and acknowledgment as set forth in the Appendix
to this section must be provided to and executed by an authorized
representative of the secondary capital account holder at the time of
entering into the account agreement, and original copies of the account
agreement and the disclosure and acknowledgment must be retained by the
credit union for the term of the agreement.
(c) Accounting treatment; weighted value for purposes of
recognizing capital value of secondary capital accounts. A low-income
designated credit union that issues secondary capital accounts pursuant
to paragraph (b) of this section shall record the funds on its balance
sheet in an equity account entitled ``secondary capital account''. For
such accounts with remaining maturities of less than five years, the
credit union shall reflect the capital value of the accounts in a
footnote to its financial statement in accordance with the following
scale:
1. Four to less than five years remaining maturity--80 percent.
2. Three to less than four years remaining maturity--60 percent.
3. Two to less than three years remaining maturity--40 percent.
4. One to less two years remaining maturity--20 percent.
5. Less than one year remaining maturity--0 percent
Appendix to Sec. 701.34
Disclosures and acknowledgment in the following form must be
provided to any investor in secondary capital accounts in a low-
income designated credit union.
An original, signed copy must be retained by the credit union.
Disclosure and Acknowledgment
I, ________ (name of signatory), hereby acknowledge and agree to
the following in my capacity as ________ (official position or
title) of ________ (name of institutional investor):
________ (name of institutional investor) has committed
________ (amount of funds) to a secondary capital account with
________ (name of credit union).
The funds committed to the secondary capital account
are committed for a period of ____ years and are not redeemable
prior to ________.
The secondary capital account is not a share account
and the funds committed to the secondary capital account are not
insured by the National Credit Union Share Insurance Fund or any
other governmental or private entity.
The funds committed to the secondary capital account and any
interest paid to the account may be used by ________ (name of credit
union) to cover any and all operating losses that exceed the credit
union's net available reserves and undivided earnings (i.e.,
reserves and undivided earnings exclusive of allowance accounts for
loan and investment losses), and in the event the funds are so used
________ (name of credit union) will under no circumstances restore
or replenish those funds to ________ (organization).
In the event of liquidation of ________ (name of credit
union), the funds committed to the secondary capital account shall
be subordinate to all other claims on the assets of the credit
union, including claims of member shareholders, creditors and the
National Credit Union Share Insurance Fund.
----------------------------------------------------------------------
(signature)
----------------------------------------------------------------------
(official title)
PART 709--INVOLUNTARY LIQUIDATION OF FEDERAL CREDIT UNIONS AND
ADJUDICATION OF CREDITOR CLAIMS INVOLVING FEDERALLY INSURED CREDIT
UNIONS IN LIQUIDATION
4. The authority citation for part 709 continues to read as
follows:
Authority: 12 U.S.C. 1766; Public Law 101-73, 103 Stat. 183, 530
(1989) (12 U.S.C. 1787 et seq.).
5. Section 709.5 is amended by revising paragraphs (b)(6) and
(b)(7), by adding a new paragraph (b)(8) and by revising the last
sentence of paragraph (e) to read as follows:
Sec. 709.5 Payout priorities in involuntary liquidation.
(a) * * *
(b) * * *
(6) Shareholders to the extent of their respective uninsured shares
and the National Credit Union Share Insurance Fund to the extent of its
payment of share insurance;
(7) In a case involving liquidation of a corporate credit union,
membership capital share deposits of corporate credit unions; and
(8) In a case involving liquidation of a low-income designated
credit union, any outstanding secondary capital accounts issued
pursuant to the authority of Secs. 701.34 or 741.204(c) of this
chapter.
* * * * *
(e) * * * If a surplus remains after making distribution in full on
all allowed claims described in paragraphs (b)(1) through (b)(8) of
this section, such
[[Page 3792]]
surplus shall be distributed pro rata to the credit union's
shareholders.
PART 741--REQUIREMENTS FOR INSURANCE
6. The authority citation for part 741 continues to read as
follows:
Authority: 12 U.S.C. 1757, 1766, and 1781-1790.
7. Section 741.204 is amended by revising the third sentence of
paragraph (b) and adding a new paragraph (c) to read as follows:
Sec. 741.204 Maximum public unit and nonmember accounts, and low-
income designation.
* * * * *
(a) * * *
(b) * * * The designation will be made and reviewed by the state
regulator on the same basis as that provided in Sec. 701.34(a) of this
chapter for federal credit unions. * * *
(c) Receive secondary capital accounts only if the credit has a
low-income designation pursuant to paragraph (b) of this section, and
then only in accordance with the terms and conditions authorized for
Federal credit unions pursuant to Sec. 701.34 of this chapter and to
the extent not inconsistent with applicable state law and regulation.
State chartered federally insured credit unions offering secondary
capital accounts must submit the plan required by Sec. 701.34 to both
the state supervisory authority and the NCUA Regional Director.
[FR Doc. 96-2018 Filed 2-1-96; 8:45 am]
BILLING CODE 7535-01-P
Complete official Federal Register PDF
FR Doc. 96-1928 Approval and Promulgation of Implementation Plans; State: Georgia; Approval of Revisions to the State Implementation Plan
[Federal Register Volume 61, Number 23 (Friday, February 2, 1996)]
[Rules and Regulations]
[Pages 3817-3819]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1928]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[GA-28-1-6955a; GA-30-1-7009a; FRL-5318-3]
Approval and Promulgation of Implementation Plans; State:
Georgia; Approval of Revisions to the State Implementation Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: This action approves revisions to the Georgia State
Implementation Plan (SIP) submitted by the Georgia Department of
Natural Resources, Environmental Protection Division (GA EPD) on June
24 and November 15, 1994, for the purpose of realphabetizing and
updating definitions, updating volatile organic compounds (VOCs)
reasonably available control technology (RACT) rules, stationary source
monitoring and testing procedures, and regulations for the prevention
of significant deterioration of air quality (PSD). The SIP revisions
are consistent with requirements of the Clean Air Act as amended in
1990 (CAA).
DATES: This final rule is effective April 2, 1996, unless adverse or
critical comments are received by March 4, 1996. If the effective date
is delayed, timely notice will be published in the Federal Register.
ADDRESSES: Written comments on this action should be addressed to Laura
Thielking at the EPA Regional Office listed below.
Copies of the documents relative to this action are available for
public inspection during normal business hours at the following
locations. The interested persons wanting to examine these documents
should make an appointment with the appropriate office at least 24
hours before the visiting day.
Air and Radiation Docket and Information Center (Air Docket 6102), U.S.
Environmental Protection Agency, 401 M Street SW., Washington, DC
20460.
Environmental Protection Agency, Region 4 Air Programs Branch, 345
Courtland Street NE., Atlanta, Georgia 30365.
Air Protection Branch, Georgia Environmental Protection Division,
Georgia Department of Natural
[[Page 3818]]
Resources, 4244 International Parkway, Suite 120, Atlanta, Georgia
30354.
FOR FURTHER INFORMATION CONTACT: Laura Thielking, Regulatory Planning
and Development Section, Air Programs Branch, Air, Pesticides & Toxics
Management Division, Region 4 Environmental Protection Agency, 345
Courtland Street NE., Atlanta, Georgia 30365. The telephone number is
404/347-3555, X4210. Reference files GA-28-1-6955 and GA-30-1-7009.
SUPPLEMENTARY INFORMATION: On June 24, 1994, the State of Georgia
through the Georgia Environmental Protection Division submitted SIP
revisions to EPA Region 4, and additional revisions were submitted on
November 15, 1994. These submittals contain changes pursuant to
requirements of part D of Title I of the CAA with regard to
nonattainment areas; part A, section 114, pertaining to source
monitoring; and part C, regarding PSD.
Specifically, Georgia submitted, and EPA is approving, the
following revisions.
391-3-1-.01 Definitions
Revised definition of Potential to Emit, (www); Opacity, (ss); Part
70 Permit, (ww); Reid Vapor Pressure, (iii); Synthetic Minor Permit,
(cccc); and Total Reduced Sulfur (TRS), (eeee). Re-alphabetized all of
the definitions to be consistent with EPA definitions, to correct
errors, and to simplify finding definitions.
391-3-1-.02(2) Emission Standards
Subsection (2)(t), VOC Emissions from Automobile and Light-Duty
Truck Manufacturing, has been revised and subsections (2)(ccc), VOC
Emissions from Bulk Mixing Tanks, and (2)(eee), VOC Emissions from
Expanded Polystyrene Products Manufacturing, have been added to include
new VOC emission limitations to specify RACT for certain industrial
categories. The reference given for the procedure for determining leaks
in subsection (2)(hh), Petroleum Refinery Equipment Leaks, is revised
to cite the present form of the test method. This will bring the
reference up to date. These revisions are consistent with the CAA.
391-3-1-.02(3) Sampling and 391-3-1-.02(6) Source Monitoring
Subparagraphs (3)(a), (6)(a), and (6)(b) were revised to reference
the methods specified in the Georgia Department of Natural Resources
Manual of Procedures for Testing and Monitoring Sources of Air
Pollutants, dated September 1, 1994. The revised manual has been
reviewed and meets EPA requirements.
391-3-1-.02(7) Prevention of Significant Deterioration of Air Quality
(PSD)
Paragraph (7) is amended to incorporate by reference the PSD rules
in 40 CFR Part 52.21 as amended. This revision incorporates the changes
to the rules published on June 3, 1993 [58 FR 31637] and July 20, 1993
[58 FR 38883]. The action effective on June 3, 1993, revised the
maximum allowable increases (increments) for particulate matter (PM)
under the requirements for PSD. The July 20, 1993, revision updated the
'Guideline on Air Quality Models (Revised)' (1986), as modified by
Supplement A (1987) by adding new models, improving existing models and
incorporating Supplement B (1993). This action also set the Guideline,
revised by Supplements A and B, as appendix W to 40 CFR part 51.
Final Action
EPA is approving the plan revisions submitted by the State of
Georgia on June 24 and November 15, 1994, listed in the SUPPLEMENTARY
INFORMATION section of this notice.
The EPA is publishing this action without a prior proposal for
approval because the Agency views this as a noncontroversial amendment
and anticipates no adverse comments. However, in a separate document in
this Federal Register publication, the EPA is proposing to approve the
SIP revisions should adverse or critical comments be filed. This action
will be effective April 2, 1996, unless, by March 4, 1996, adverse or
critical comments are received.
If the EPA receives such comments, this action will be withdrawn
before the effective date by publishing a subsequent document that will
withdraw the final action. All public comments received will then be
addressed in a subsequent final rule based on the separate proposed
rule. The EPA will not institute a second comment period on this
action. Any parties interested in commenting on this action should do
so at this time. If no such comments are received, the public is
advised that this action will be effective April 2, 1996.
Under section 307(b)(1) of the CAA, 42 U.S.C. 7607(b)(1), petitions
for judicial review of this action must be filed in the United States
Court of Appeals for the appropriate circuit by April 2, 1996. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2) of the CAA, 42
U.S.C. 7607(b)(2)).
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a
July 10, 1995, memorandum from Mary Nichols, Assistant Administrator
for Air and Radiation. The Office of Management and Budget (OMB) has
exempted this regulatory action from E.O. 12866 review.
Nothing in this action shall be construed as permitting or allowing
or establishing a precedent for any future request for a revision to
any state implementation plan. Each request for revision to the state
implementation plan shall be considered separately in light of specific
technical, economic, and environmental factors and in relation to
relevant statutory and regulatory requirements.
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. 603 and 604.
Alternatively, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
SIP approvals under section 110 and subchapter I, part D of the CAA
do not create any new requirements, but simply approve requirements
that the State is already imposing. Therefore, because the Federal SIP-
approval does not impose any new requirements, I certify that it does
not have a significant impact on any small entities affected. Moreover,
due to the nature of the Federal-state relationship under the CAA,
preparation of a regulatory flexibility analysis would constitute
Federal inquiry into the economic reasonableness of state action. The
CAA forbids EPA to base its actions concerning SIPs on such grounds.
Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976);
42 U.S.C. section 7410(a)(2) and 7410(k)(3).
Under Sections 202, 203, and 205 of the Unfunded Mandates Reform
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22,
1995, EPA must undertake various actions in association with proposed
or final rules
[[Page 3819]]
that include a Federal mandate that may result in estimated costs of
$100 million or more to the private sector, or to State, local, or
tribal governments in the aggregate.
Through submission of this state implementation plan or plan
revision, the State and any affected local or tribal governments have
elected to adopt the revisions provided for under section 114, part C,
and part D of Title I of the CAA. These rules may bind State, local and
tribal governments to perform certain actions and also require the
private sector to perform certain duties. To the extent that the rules
being approved by this action will impose no new requirements, since
such sources are already subject to these regulations under State law.
Accordingly, no additional costs to State, local, or tribal
governments, or to the private sector, result from this action, and
therefore there will be no significant impact on a substantial number
of small entities. EPA has also determined that this final action does
not include a mandate that may result in estimated costs of $100
million or more to State, local, or tribal governments in the aggregate
or to the private sector.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: September 29, 1995.
Patrick M. Tobin,
Acting Regional Administrator.
Part 52 of chapter I, title 40, Code of Federal Regulations, is
amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42.U.S.C. 7401-7671(q).
Subpart L--Georgia
2. Section 52.570, is amended by adding paragraph (c) (47) to read
as follows:
Sec. 52.570 Identification of plan.
* * * * *
(c) * * *
(47) Chapter 391-3-1-.01, .02(2), and .02(7), of the Georgia
Department of Natural Resources Rules for Air Quality Control,
submitted on June 24, 1994, and November 15, 1994. Change to Chapters
391-3-1-.02(3) and 391-3-1-.02(6) to reference a new version of the
Georgia Department of Natural Resources Manual of Procedures for
Testing and Monitoring Sources of Air Pollutants, submitted on November
15, 1994.
(i) Incorporation by reference.
(A) The following revised Rules of the Georgia Department of
Natural Resources, Chapter 391-3-1, Air Quality Control, became State
effective on June 13, 1994:
391-3-1-.02(2)(hh)(iii);
391-3-1-.02(7);
(B) The following revised Rules of the Georgia Department of
Natural Resources, Chapter 391-3-1, Air Quality Control, became State
effective on November 20, 1994:
391-3-1-.01;
391-3-1-.02(2)(t);
391-3-1-.02(2)(ccc);
391-3-1-.02(2)(eee);
391-3-1-.02(3)(a);
391-3-1-.02(6)(a)2.(v)(I);
391-3-1-.02(6)(a)2.(vii)(I);
391-3-1-.02(6)(a)2.(vii)(II)I.;
391-3-1-.02(6)(b)1.(vi)
(ii) Other material. None.
* * * * *
[FR Doc. 96-1928 Filed 2-1-96; 8:45 am]
BILLING CODE 6560-50-P
Complete official Federal Register PDF
FR Doc. 96-1926 Approval and Promulgation of Implementation Plans; Georgia: Title V, Section 507, Small Business Stationary Source Technical and Environmental Compliance Assistance Program
[Federal Register Volume 61, Number 23 (Friday, February 2, 1996)]
[Rules and Regulations]
[Pages 3821-3824]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1926]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[GA-21-2-5930a; FRL-5321-6]
Approval and Promulgation of Implementation Plans; Georgia: Title
V, Section 507, Small Business Stationary Source Technical and
Environmental Compliance Assistance Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving revisions to the State Implementation Plan
(SIP) submitted by the State of Georgia through the Georgia
Environmental Protection Division for the purpose of establishing a
Small Business Stationary Source Technical and Environmental Compliance
Assistance Program (PROGRAM). This implementation plan was originally
submitted by the State on November 13, 1992. On September 27, 1995, the
State of Georgia resubmitted the SIP establishing the PROGRAM and
formally requested to withdraw the November 13, 1992, submittal. This
PROGRAM satisfies the federal mandate to ensure that small businesses
have access to the technical assistance and regulatory information
necessary to comply with the Clean Air Act as amended in 1990 (CAA).
DATES: This action is effective April 2, 1996, unless notice is
received March 4, 1996 that someone wishes to submit adverse or
critical comments. If the effective date is delayed, timely notice will
be published in the Federal Register.
ADDRESSES: Written comments should be addressed to: Ms. Kimberly
Bingham, Regulatory Planning and Development Section, Air Programs
Branch, Air, Pesticides & Toxics Management Division, Region 4
Environmental Protection Agency, 345 Courtland Street NE., Atlanta,
Georgia 30365.
Copies of the material submitted by the State of Georgia may be
examined during normal business hours at the following locations:
Air and Radiation Docket and Information Center (Air Docket 6102), U.S.
Environmental Protection Agency, 401 M Street SW., Washington, DC 20460
Environmental Protection Agency, Region 4, Air Programs Branch, 345
Courtland Street NE., Atlanta, Georgia 30365
Environmental Protection Division, Air Protection Branch, 4244
International Parkway, Suite 120, Atlanta, Georgia 30354.
FOR FURTHER INFORMATION CONTACT: Ms. Kimberly Bingham, Regulatory
Planning and Development Section, Air Programs Branch, Air, Pesticides
& Toxics Management Division, Region 4 Environmental Protection Agency,
345 Courtland Street NE., Atlanta, Georgia 30365. The telephone number
is 404/347-3555 x4195.
SUPPLEMENTARY INFORMATION: Implementation of the CAA will require small
businesses to comply with specific regulations in order for areas to
attain and maintain the national ambient air quality standards (NAAQS)
and reduce the emission of air toxics. In anticipation of the impact of
these requirements on small businesses, the CAA requires that states
adopt a PROGRAM, and submit this PROGRAM as a revision to the federally
approved SIP. In addition, the CAA directs the EPA to oversee the small
business assistance program and report to Congress on their
implementation. The requirements for establishing a PROGRAM are set out
in section 507 of
[[Page 3822]]
title V of the CAA and the EPA guidance document Guidelines for the
Implementation of Section 507 of the 1990 Clean Air Act Amendments. In
order to gain full approval, the state submittal must provide for each
of the following PROGRAM elements: (1) The establishment of a Small
Business Assistance Program (SBAP) to provide technical and compliance
assistance to small businesses; (2) the establishment of a state Small
Business Ombudsman to represent the interests of small businesses in
the regulatory process; and (3) the creation of a Compliance Advisory
Panel (CAP) to determine and report on the overall effectiveness of the
SBAP. The plan must also determine the eligibility of small business
stationary sources for assistance in the PROGRAM. The plan includes the
duties, funding and schedule of implementation for the three PROGRAM
components.
Section 507(a) and (e) of the CAA set forth requirements the State
must meet to have an approvable PROGRAM. The State of Georgia has
addressed these requirements and established a PROGRAM as described
below.
1. Small Business Assistance Program (SBAP)
The State of Georgia has established a mechanism to implement the
following six requirements set forth in section 507 of title V of the
CAA:
A. The establishment of adequate mechanisms for developing,
collecting and coordinating information concerning compliance methods
and technologies for small business stationary sources, and programs to
encourage lawful cooperation among such sources and other persons to
further comply with the CAA;
B. The establishment of adequate mechanisms for assisting small
business stationary sources with pollution prevention and accidental
release detection and prevention, including providing information
concerning alternative technologies, process changes, products and
methods of operation that help reduce air pollution;
C. The development of a compliance and technical assistance program
for small business stationary sources which assist small businesses in
determining applicable permit requirements and in receiving permits
under the CAA in a timely and efficient manner;
D. The development of adequate mechanisms to assure that small
business stationary sources receive notice of their rights under the
CAA in such manner and form as to assure reasonably adequate time for
such sources to evaluate compliance methods and any relevant or
applicable proposed or final regulation or standards issued under the
CAA;
E. The development of adequate mechanisms for informing small
business stationary sources of their obligations under the CAA,
including mechanisms for referring such sources to qualified auditors,
or at the option of the State, for providing audits of the operations
of such sources to determine compliance with the CAA; and
F. The development of procedures for consideration of requests from
a small business stationary source for modification of (A) any work
practice or technological method of compliance, or (B) the schedule of
milestones for implementing such work practice or method of compliance
preceding any applicable compliance date, based on the technological
and financial capability of any such small business stationary source.
The State of Georgia acknowledges the heart of the PROGRAM is the
Small Business Assistance Program (SBAP), which resides in the Air
Protection Branch within the Environmental Protection Division. The
SBAP will provide an information clearinghouse and refer small
businesses to State technical experts within the Branch who are trained
to handle specific questions relevant to achieving compliance with the
CAA. In addition, the SBAP will provide for the collection and
dissemination of information to small businesses on determining
applicable requirements under the CAA, permit issuance, small
businesses' rights and obligations, compliance methods, acceptable
control technologies, pollution prevention, accidental release
prevention and detection, audit programs and procedures, and other
matters deemed useful or necessary by the Division. The specific
mechanisms for collection and dissemination of information will be
developed by the Ombudsman. The SBAP also will consider requests from
small business stationary sources for modifications of work practices,
technological methods of compliance, or compliance procedures and
provide guidance as necessary. The SBAP will utilize, on an as needed
basis, the services of other in-state entities with expertise in
various aspects related to the PROGRAM.
The dissemination of information to small businesses in Georgia
through the SBAP involves both a proactive and a reactive component.
The SBAP will actively advertise the PROGRAM to ensure the regulated
communities are aware of their obligations under the CAA. The reactive
component takes place after the regulated community recognizes that
there is or could be some obligation on their part to comply with the
CAA. The Division is committed to supporting the proactive component of
the program which includes, but is not limited to the following:
utilizing the Georgia Department of Industry and Trade manufacturing
directory; providing informational packets which describe in layman
terms compliance and technical information relevant to small businesses
as required by the Act; and holding meetings throughout the State with
interested parties. Reactive components of the SBAP include: the
designation of a trained technical specialist to handle inquiries from
small businesses; a technical specialist to interface with the Air
Protection Branch's engineering, permitting, and compliance programs
for needed information; and an information clearinghouse of information
from EPA's technical support services, other state ombudsman offices,
and professional organizations.
The SBAP will assist small businesses in determining applicable
requirements and will provide information on permit issuance,
compliance methods, acceptable control technologies, pollution
prevention, accidental release prevention and detection, and audit
programs. The SBAP will inform small businesses about their rights
under the CAA; assist in the preparation of guidance documents and
ensure that technical and compliance information is available to the
small business community and the general public; answer regulatory
questions raised by small businesses and provide them with clean air
compliance information; obtain information and counsel from other
appropriate state agencies; and participate and sponsor meetings on air
quality requirements, pollution prevention, and other regulatory
issues.
A small business may petition the Division to modify work
practices, compliance methods or implementation schedules in accordance
with established procedures as described in the SIP.
2. Ombudsman
Section 507(a)(3) of the CAA requires the designation of a state
office to serve as the Ombudsman for small business stationary sources.
Georgia has appointed a Small Business Ombudsman and established the
Office of the Ombudsman within the Environmental Protection Division.
Through that office, the Ombudsman will have access to the Governor,
the Director of the Environmental Protection Division, the Chief of the
Air Protection Branch, and other state and Federal agencies. The
Ombudsman will
[[Page 3823]]
have the necessary autonomy to function independently of the air
program.
3. Compliance Advisory Panel
Section 507(e) of the CAA requires the State to establish a
Compliance Advisory Panel (CAP) that must include two members selected
by the Governor who are not owners or representatives of owners of
small businesses. Four members will be selected by the state
legislature who are owners, or represent owners, of small businesses.
The majority and minority leadership in both the house and the senate
shall each appoint one member of the panel. One member will be selected
by the Chief of the Air Protection Branch. The State of Georgia has
established a CAP with a membership consistent with the aforementioned
CAA requirements.
The duties of the CAP include: providing advisory opinions to the
EPA regarding the effectiveness of the state PROGRAM, the difficulties
encountered by small businesses, and the severity of enforcement;
reviewing information for small business stationary air pollution
sources to assure such information is understandable to the lay person;
and to make periodic reports to the Administrator of the Environmental
Protection Agency in accordance with the requirements of the Paperwork
Reduction Act, the Regulatory Flexibility Act, and the Equal Access to
Justice Act. The SBAP will serve as the secretariat to the CAP in the
development and dissemination of reports, advisory opinions, and other
information.
4. Source Eligibility
Georgia has incorporated section 507(c)(1) of the CAA and defined a
Small Business Stationary Source as a source that:
(1) Is owned or operated by a person who employs 100 or fewer
individuals;
(2) is a small business concern as defined in the Small Business
Act;
(3) is not a major stationary source; and
(4) does not emit 50 tons per year (tpy) of any regulated pollutant
and emits less than 75 tpy of all regulated pollutants.
Georgia has established the following mechanisms as required by
section 507: (1) A process for ascertaining the eligibility of a source
to receive assistance under the PROGRAM, including an evaluation of a
source's eligibility using the criteria in section 507(c)(1) of the
CAA; (2) A process for public notice and comment on grants of
eligibility to sources that do not meet the provisions of sections
507(c)(1) (C), (D), and (E) of the CAA, but do not emit more than 100
tpy of all regulated pollutants; and (3) a process for exclusion from
the small business stationary source definition, after consultation
with the EPA and the Small Business Administration Administrator and
after providing notice and opportunity for public comment, of any
category or subcategory of sources that the Division determines to have
sufficient technical and financial capabilities to meet the
requirements of the CAA.
Final Action
In this action, EPA is approving the SIP revision establishing a
Small Business Stationary Source Technical and Environmental Compliance
Assistance program submitted by the State of Georgia through the
Environmental Protection Division. The EPA is publishing this action
without prior proposal because the Agency views this as a
noncontroversial amendment and anticipates no adverse comments.
However, in a separate document in this Federal Register publication,
EPA is proposing to approve the SIP revision should adverse or critical
comments be filed. This action will be effective April 2, 1996 unless,
by March 4, 1996, adverse or critical comments are received.
If EPA receives such comments, this action will be withdrawn before
the effective date by publishing a subsequent document that will
withdraw the final action. All public comments received will then be
addressed in a subsequent final rule based on the proposed rule
published with this action. The EPA will not institute a second comment
period on this action. Any parties interested in commenting on this
action should do so at this time. If no such comments are received, the
public is advised that this action will be effective April 2, 1996.
Under section 307(b)(1) of the CAA, 42 U.S.C. 7607(b)(1), petitions
for judicial review of this action must be filed in the United States
Court of Appeals for the appropriate circuit by April 2, 1996. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2) of the CAA, 42
U.S.C. 7607(b)(2).)
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for
Air and Radiation. The Office of Management and Budget (OMB) has
exempted this regulatory action from E.O. 12866 review.
By today's action, the USEPA is approving a State program created
for the purpose of assisting small business stationary sources in
complying with existing statutory and regulatory requirements. The
program being approved today does not impose any new regulatory burden
on small business stationary sources; it is a program under which small
business stationary sources may elect to take advantage of assistance
provided by the State. Therefore, because the USEPA's approval of this
program does not impose any new regulatory requirements on small
businesses, I certify that it does not have a significant economic
impact on any small entities affected.
SIP approvals under section 110 and subchapter I, part D of the CAA
do not create any new requirements, but simply approve requirements
that the State is already imposing. Therefore, because the federal SIP-
approval does not impose any new requirements, I certify that it does
not have a significant impact on any small entities affected. Moreover,
due to the nature of the federal-state relationship under the CAA,
preparation of a regulatory flexibility analysis would constitute
federal inquiry into the economic reasonableness of state action. The
CAA forbids EPA to base its actions concerning SIPs on such grounds.
Union Electric Co. v. Environmental Protection Agency, 427 U.S. 246,
256-66 (S.Ct. 1976); 42 U.S.C. sections 7410(a)(2) and 7410(k).
Nothing in this action shall be construed as permitting or allowing
or establishing a precedent for any future request for a revision to
any SIP. Each request for revision to the SIP shall be considered
separately in light of specific technical, economic, and environmental
factors and in relation to relevant statutory and regulatory
requirements.
Title II of the Unfunded Mandates Reform Act of 1995 (``UMRA''),
P.L. 104-4, establishes requirements for the 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
[[Page 3824]]
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.
Through submission of the SIP or plan revisions approved in this
action, the State and any affected local or tribal governments have
elected to adopt the program provided for under section 175A of the
Clean Air Act. The submission approved in this action may bind State,
local and tribal governments to perform certain actions and also may
ultimately lead to the private sector being required to perform certain
duties. To the extent that the submission being approved by this action
will impose or lead to the imposition of any mandate upon the State,
local or tribal governments either as the owner or operator of a source
or as a regulator, or would impose or lead to the imposition of any
mandate upon the private sector, EPA's action will impose no new
requirements; such sources are already subject to these requirements
under State law. Accordingly, no additional costs to State, local, or
tribal governments, or to the private sector, result from this action.
The 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, or tribal governments in the aggregate, or on the private
sector, in any one year. 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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements.
Dated: October 17, 1995.
Patrick M. Tobin,
Acting Regional Administrator.
Chapter I, title 40, Code of Federal Regulations, is amended as
follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42.U.S.C. 7401-7671q.
Subpart L--Georgia
2. Section 52.570 is amended by adding paragraph (c)(43) read as
follows:
Sec. 52.570 Identification of plan.
* * * * *
(c) * * *
(43) The Georgia Environmental Protection Division has submitted
revisions to the Georgia State Implementation Plan on September 27,
1995. These revisions address the requirements of section 507 of Title
V of the Clean Air Act and establish the Small Business Stationary
Source Technical and Environmental Program.
(i) Incorporation by reference.
(A) The submittal of the state of Georgia's Small Business
Stationary Source Technical and Environmental Compliance Assistance
Program which was adopted on July 20, 1995.
(ii) Additional Material. None.
* * * * *
[FR Doc. 96-1926 Filed 2-1-96; 8:45 am]
BILLING CODE 6560-50-P
Complete official Federal Register PDF
FR Doc. 96-1880 Conferring Designated Port Status on Atlanta, GA
[Federal Register Volume 61, Number 23 (Friday, February 2, 1996)]
[Rules and Regulations]
[Pages 3849-3851]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1880]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 14
RIN 1018-AD33
Conferring Designated Port Status on Atlanta, GA
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Fish and Wildlife Service confers designated port status
on Atlanta, Georgia, pursuant to section 9(f) of the Endangered Species
Act of 1973. Designated port status will allow the direct importation
and exportation of fish and wildlife, including parts and products,
through Atlanta, Georgia, a growing international port. Under this
final rule, 50 CFR 14.12 will be amended to add Atlanta, Georgia, to
the list of Customs ports of entry designated for the importation and
exportation of wildlife. A public hearing has been held on this
proposal.
EFFECTIVE DATE: This rule is effective March 4, 1996.
FOR FURTHER INFORMATION CONTACT: Special Agent Thomas Striegler, [(703)
358-1949], or Special Agent Cecil M. Halcomb, Assistant Regional
Director, U.S. Fish and Wildlife Service, P.O. Box 49226, Atlanta,
Georgia 30359, [(404) 679-7057].
SUPPLEMENTARY INFORMATION:
Background
Designated ports are the cornerstones of the process by which the
Fish and Wildlife Service (Service) regulates the importation and
exportation of wildlife in the United States. With limited exceptions,
all fish or wildlife must be imported and exported through such ports
as required by section 9(f) of the Endangered Species Act of 1973, 16
U.S.C. 1538(f). The Secretary of the Interior is responsible for
designating these ports by regulation, with the approval of the
Secretary of the Treasury after notice and the opportunity for public
hearing.
Under Service regulations, wildlife must be imported and exported
through one of the designated ports unless the importer/exporter meets
one of the exceptions in the regulations. The most common exception is
through a permit issued by the Service authorizing an importer or
exporter to ship through a nondesignated port. The Service maintains a
staff of Wildlife Inspectors at each designated port to inspect and
clear wildlife shipments.
[[Page 3850]]
The Service presently has twelve designated Customs ports of entry
for the importation and exportation of wildlife; these include: the
ports of Los Angeles, California; San Francisco, California; Miami,
Florida; Honolulu, Hawaii; Chicago, Illinois; New Orleans, Louisiana;
New York, New York; Seattle, Washington; Dallas/Fort Worth, Texas;
Portland, Oregon; Baltimore, Maryland; and Boston, Massachusetts.
Summary of Comments and Information Received
On October 20, 1995, between 10 a.m. and 12 p.m., the Fish and
Wildlife Service held a public meeting at the Airport Manager's Office,
Hartsfield International Airport, Atlanta, Georgia. The Service
received comments from individuals in the wildlife import/export
business, from individuals involved in the brokerage and freight
forwarding business, and from individuals representing the city of
Atlanta. All comments received during the public meeting supported the
designation of Atlanta as a designated port for wildlife and wildlife
products.
One participant of the public meeting representing Hartsfield
International Airport commented on the fact that the city of Atlanta
and the Georgia Congressional delegation have supported the designation
of Atlanta for several years. Atlanta is the second busiest airport in
the world, according to the commenter, and is considered the aviation
gateway to the southeast United States. The commenter stated that
Hartsfield International Airport has experienced significant growth in
cargo shipments over the past several years and for Atlanta to realize
its full potential and take advantage of expanding world trade, Service
designation as a designated port is important. A commenter at the
public meeting representing brokers and freight forwarders, as well as
the ``international community'' in Atlanta, stated that several
businesses in the Atlanta area have quit importing wildlife products
through Atlanta (by using Designated Port exception permits issued by
the Service) because of the unavailability of Wildlife Inspectors to
process importations on a timely basis. The commenter told the meeting
that he has received numerous inquiries from those involved in the
wildlife import/export business about using Atlanta to receive or ship
wildlife internationally, but has told them they could not use Atlanta
due to the lack of designation by the Service. The commenter stated
that he sees designation of Atlanta as an ``ingredient to economic
growth'' in the area.
Another commenter formally representing the Association of Brokers
and Freight Forwarders in Atlanta was fully supportive of designation
by the Service of Atlanta as a port of entry for wildlife and wildlife
products. A commenter representing a Congressman from Georgia told the
meeting that the Congressman had worked for several years for the
designation of Atlanta by the Service and was very pleased to see the
proposed rule. A tropical fish importer told the meeting that he deals
in such a highly perishable product that importing directly into
Atlanta will mean his customers do not have to go to California for
tropical fish, and that his business depends upon Atlanta being
designated a wildlife port of entry. The commenter wishes to see the
rulemaking process proceed towards designation of Atlanta. The Service
has received one written comment on the proposed rule. That commenter,
from the shipping industry, stated that it supports the designation of
Atlanta as a designated port. This commenter also requested the Service
to consider Memphis, Tennessee, as a designated port in the future.
Service Response
The Service appreciates public comments and support for designation
of Atlanta as a designated port. At this time the Service has no plans
to make Memphis, Tennessee, a designated port.
Need for Final Rulemaking
Containerized air and ocean cargo has become the paramount means by
which both live wildlife and wildlife products are transported into and
out of the United States. The use of containerized cargo by the airline
and shipping industries has compounded the problems encountered by the
Service and by wildlife importers and exporters in the Atlanta area. In
many instances, foreign suppliers will containerize entire shipments
and route them directly by air to Atlanta. If, upon arrival, the
shipment contains any wildlife, those items must be shipped under
Customs bond to a designated port for clearance. In most cases, this
has involved shipping wildlife products to either Miami, Florida;
Chicago, Illinois; New York, New York; Baltimore, Maryland; or New
Orleans, Louisiana, the nearest designated ports, but reshipment has
been both time consuming and expensive. In other cases containerized
maritime cargo is transhipped overland for post entry inspection at
Atlanta. Atlanta is one of the Nation's busiest inland seaports, with
an estimate of greater than 25,000 ocean containers arriving annually
by rail on Atlanta ocean bills of lading. In addition there has been a
steady increase in mail inspections being conducted at Atlanta.
Atlanta area importers and exporters have attempted to direct
entire shipments to a designated port prior to their arrival at Atlanta
to alleviate problems, even though such shipments may contain only a
small number of wildlife items. This method of shipment meets the
current regulatory requirements of the Service; however, this is also
time consuming and entails additional expense. It is also contrary to
the increasing tendency of foreign suppliers to ship consignments
directly to regional ports such as Atlanta. In addition, time is a key
element when transporting live wildlife and perishable wildlife
products. Without designated port status, businesses in Atlanta cannot
import and export wildlife products directly, and consequently may be
unable to compete economically with merchants in other international
trading centers located in designated ports.
With airborne shipments, mail, and transhipped maritime
containerized cargo into and out of Atlanta steadily increasing, the
Service has concluded that the port should be designated for wildlife
imports and exports. A tremendous increase in the volume of shipments
has made Atlanta the second largest port of entry in the Southeast. The
Service's figures for fiscal year 1994 for the present nondesignated
port of Atlanta indicate a total of 397 shipments occurred representing
an estimated total value worth $3,801,043 of wildlife and wildlife
products. The Service projects that with the establishment of Atlanta
as a designated port that the number of shipments through the port
would triple over the first 3 to 5 years. This projection is based upon
the Service's previous experience at other newly designated ports such
as Dallas/Fort Worth and Portland. As Atlanta prepares to host the 1996
Summer Olympics, the Service expects even greater demands to be placed
on its inspection capabilities. Conferring the status of a designated
port on Atlanta, therefore, would serve not only the interests of
businesses in the region, but would also facilitate the mission of the
Service.
The Service is making the decision to confer designated port status
upon Atlanta, Georgia, contingent upon the continued funding of
adequate Service inspection and administrative personnel to properly
staff the port. The Hartsfield Atlanta International Airport, City of
Atlanta, Department of Aviation (Airport), has agreed in principle to
fund the operational costs of the port,
[[Page 3851]]
subject to a dollar cap, to the extent that those costs exceed the fees
collected at the port for inspection services. This arrangement has
been set forth in a Memorandum of Agreement between the Airport and the
Service, to be executed within 30 days of the publication of this final
rule. The Airport will provide such funds to the Service through a
contributed fund mechanism. See 16 U.S.C. 742f(b). This agreement
provides for $150,000, sufficient operational funding for the port,
initially to include two Wildlife Inspectors and one clerical/
administrative support position.
Required Determinations
This rule was not subject to review by the Office of Management and
Budget (OMB) under Executive Order 12866. The Department of the
Interior (Department) has determined that this final rule will not have
a significant economic effect on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). This rule
will have a positive incidental effect upon small entities by reducing
overland transportation costs.
The Service anticipates that the addition of the Port of Atlanta to
the list of Service Designated Ports for the importation and
exportation of wildlife to have no adverse affects upon individual
industries and cause no demographic changes in populations. In
addition, the Service anticipates that this rule will not have the
effect of increasing the direct costs of small entities. The Service,
in light of the above analysis, has determined that the final rule will
not have a significant economic effect on a substantial number of small
entities as defined in the Regulatory Flexibility Act, 5 U.S.C. 601 et
seq.
This final rule has no private property takings implications as
defined in Executive Order 12630. The only effect of this rule will be
to make it easier for businesses to import and export wildlife directly
through Atlanta, Georgia. This action does not contain any federalism
impacts as described in Executive Order 12612. This final rule does not
contain any information collection requirements which require approval
by the Office of Management and Budget under the Paperwork Reduction
Act of 1995. These changes in the regulations in Part 14 are regulatory
and enforcement actions which are covered by a categorical exclusion
from National Environmental Policy Act procedures under 516 Department
Manual; the changes have no Environmental Justice implications under
Executive Order 12898. A determination has been made pursuant to
Section 7 of the Endangered Species Act that the revision of Part 14
will not affect federally listed species. The Department has certified
that these regulations meet the applicable standards provided in
Section 2(a) and 2(b)(2) of Executive Order 12778.
Author
The originator of this final rule is John M. Neal, Senior Special
Agent, Division of Law Enforcement, U.S. Fish and Wildlife Service,
Washington, D.C.
List of Subjects in 50 CFR Part 14
Animal welfare, Exports, Fish, Imports, Labeling, Reporting and
recordkeeping requirements, Transportation, Wildlife.
Regulation Promulgation
For the reasons set out in the preamble, the Service amends Title
50, Chapter I, Subchapter B of the Code of Federal Regulations as set
forth below.
PART 14--IMPORTATION, EXPORTATION, AND TRANSPORTATION OF WILDLIFE
1. The authority citation for Part 14 is revised to read as
follows:
Authority: 16 U.S.C. 704, 712, 1382, 1538(d)-(f), 1540(f), 3371-
3378, 4223-4244, and 4901-4916; 18 U.S.C. 42; 31 U.S.C. 483(a).
Sec. 14.12 [Amended]
2. Section 14.12(k) is amended by removing the word ``and''.
3. Section 14.12(l) is amended by removing the period and adding
the word ``and'' preceded by a semicolon.
4. Section 14.12 is amended by adding the following new paragraph
(m):
Sec. 14.12 Designated ports.
* * * * *
(m) Atlanta, Georgia.
Dated: January 22, 1996.
George T. Frampton Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 96-1880 Filed 2-1-96; 8:45 am]
BILLING CODE 4310-55-M
Complete official Federal Register PDF
FR Doc. 96-1877 Airworthiness Directives; Boeing Model 747-400 Series Airplanes Equipped With Rolls Royce Engines
[Federal Register Volume 61, Number 23 (Friday, February 2, 1996)]
[Rules and Regulations]
[Pages 3793-3795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1877]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 95-NM-274-AD; Amendment 39-9507; AD 96-03-10]
Airworthiness Directives; Boeing Model 747-400 Series Airplanes
Equipped With Rolls Royce Engines
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: This amendment adopts a new airworthiness directive (AD),
applicable to certain Boeing Model 747-400 series airplanes. This
action requires an inspection for damage of the fuel tube located in
the forward engine strut, and repair, if necessary; installation of a
new support bracket and clamps on the power feeder conduit; and an
inspection for proper positioning of the power feeder conduit in each
engine strut, and adjustment, if necessary. This amendment is prompted
by reports of worn fuel tubes that were caused by the power feeder
conduit moving and touching the fuel tube. The actions specified in
this AD are intended to prevent wear of the fuel tube, which could
result in a fuel leak in the engine strut and a consequent fire hazard.
DATES: Effective February 20, 1996.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of February 20, 1996.
Comments for inclusion in the Rules Docket must be received on or
before April 2, 1996.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-103,
Attention: Rules Docket No. 95-NM-274-AD, 1601 Lind Avenue SW., Renton,
Washington 98055-4056.
The service information referenced in this AD may be obtained from
Boeing Commercial Airplane Group, P.O. Box 3707, Seattle, Washington
98124-2207. This information may be examined at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, Washington; or at
the Office of the Federal Register, 800 North Capitol Street NW., suite
700, Washington, DC.
FOR FURTHER INFORMATION CONTACT: Stephen S. Oshiro, Aerospace Engineer,
Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft
Certification Office, 1601 Lind Avenue SW., Renton, Washington;
telephone (206) 227-2793; fax (206) 227-1181.
SUPPLEMENTARY INFORMATION: Two operators of Boeing Model 747-400 series
airplanes equipped with Rolls Royce engines have reported five
incidents of worn engine fuel feed tubes found in the engine struts. In
each case, the worn tube was found to be touching the engine power
feeder cable conduit in the front of the engine strut. This touching
created worn (chafed) areas on the fuel tubes; the worn areas were
between 0.0055 and 0.014 inch deep. Investigation revealed that the
currently-installed bracket and clamps for the power feeder conduit
allow the conduit to rotate and consequently come into contact with the
engine fuel feed tube. If this is not prevented, the conduit can wear a
hole in the fuel tube, which could result in a fuel leak in the forward
strut area. A fuel leak such as this, if not corrected, could pose a
fire hazard.
Boeing has issued Alert Service Bulletin 747-28A2190, dated March
23, 1995, which describes procedures for inspecting the fuel tube in
each strut for wear or damage, and repairing it, if necessary. It also
describes procedures for installing a new support bracket and two new
clamps on the power feeder
[[Page 3794]]
conduit in all four engine struts. The service bulletin also describes
procedures for inspecting the power feeder conduit for proper
positioning, and adjusting it to obtain maximum clearance between it
and the fuel tube.
Since an unsafe condition has been identified that is likely to
exist or develop on other airplanes of the same type design, this AD is
being issued to prevent a fuel leak in the forward engine strut. This
AD requires (1) an inspection for wear of the fuel tube in the forward
engine strut, and repair, if necessary; (2) the installation of a new
support bracket and two new clamps on the power feeder conduit; and (3)
an inspection for proper positioning of the power feeder conduit, and
adjustment, if necessary. The actions are required to be accomplished
in accordance with the service bulletin described previously.
None of the Model 747-400 series airplanes affected by this action
are on the U.S. Register. All airplanes included in the applicability
of this rule currently are operated by non-U.S. operators under foreign
registry; therefore, they are not directly affected by this AD action.
However, the FAA considers that this rule is necessary to ensure that
the unsafe condition is addressed in the event that any of these
subject airplanes are imported and placed on the U.S. Register in the
future.
Should an affected airplane be imported and placed on the U.S.
Register in the future, it would require approximately 8 work hours to
accomplish the required actions, at an average labor charge of $60 per
work hour. The cost of required parts would be $368 per airplane. Based
on these figures, the cost impact of this AD would be $848 per
airplane.
Since this AD action does not affect any airplane that is currently
on the U.S. Register, it has no adverse economic impact and imposes no
additional burden on any person. Therefore, notice and public
procedures hereon are unnecessary and the amendment may be made
effective in less than 30 days after publication in the Federal
Register.
Comments Invited
Although this action is in the form of a final rule and was not
preceded by notice and opportunity for public comment, comments are
invited on this rule. Interested persons are invited to comment on this
rule by submitting such written data, views, or arguments as they may
desire. Communications shall identify the Rules Docket number and be
submitted in triplicate to the address specified under the caption
ADDRESSES. All communications received on or before the closing date
for comments will be considered, and this rule may be amended in light
of the comments received. Factual information that supports the
commenter's ideas and suggestions is extremely helpful in evaluating
the effectiveness of the AD action and determining whether additional
rulemaking action would be needed.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the rule that might
suggest a need to modify the rule. All comments submitted will be
available, both before and after the closing date for comments, in the
Rules Docket for examination by interested persons. A report that
summarizes each FAA-public contact concerned with the substance of this
AD will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this rule must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 95-NM-274-AD.'' The postcard will be date stamped and
returned to the commenter.
The regulations adopted herein will not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government. Therefore, in
accordance with Executive Order 12612, it is determined that this final
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
For the reasons discussed above, I certify that this action (1) is
not a ``significant regulatory action'' under Executive Order 12866;
(2) is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and (3) will not have a
significant economic impact, positive or negative, on a substantial
number of small entities under the criteria of the Regulatory
Flexibility Act. A final evaluation has been prepared for this action
and it is contained in the Rules Docket. A copy of it may be obtained
from the Rules Docket at the location provided under the caption
ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (14 CFR part 39) as follows:
PART 39--AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 USC 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding the following new
airworthiness directive:
96-03-10 BOEING: Amendment 39-9507. Docket 95-NM-274-AD.
Applicability: Model 747-400 series airplanes equipped with
Rolls Royce engines; as listed in Boeing Alert Service Bulletin 747-
28A2190, dated March 23, 1995; certificated in any category.
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
otherwise modified, altered, or repaired in the area subject to the
requirements of this AD. For airplanes that have been modified,
altered, or repaired so that the performance of the requirements of
this AD is affected, the owner/operator must use the authority
provided in paragraph (b) of this AD to request approval from the
FAA. This approval may address either no action, if the current
configuration eliminates the unsafe condition; or different actions
necessary to address the unsafe condition described in this AD. Such
a request should include an assessment of the effect of the changed
configuration on the unsafe condition addressed by this AD. In no
case does the presence of any modification, alteration, or repair
remove any airplane from the applicability of this AD.
Compliance: Required as indicated, unless accomplished
previously. To prevent a fuel leak in the forward engine strut,
accomplish the following: (a) Within 90 days after the effective
date of this AD, accomplish the requirements of paragraphs (a)(1),
(a)(2), and (a)(3) of this AD in accordance with Boeing Alert
Service Bulletin 747-28A2190, dated March 23, 1995:
(1) Inspect the fuel tube in each engine strut for wear and
damage. Prior to further flight, repair any discrepancy found.
(2) Install a new support bracket and new clamps on the power
feeder conduit in each engine strut.
(3) Inspect the engine power feeder cable conduit in the front
of each engine strut for proper positioning. Prior to further
flight, position the conduit to obtain the most clearance between it
and the fuel tube.
(b) An alternative method of compliance or adjustment of the
compliance time that provides an acceptable level of safety may be
used if approved by the Manager, Seattle Aircraft Certification
Office (ACO), FAA, Transport Airplane Directorate. Operators shall
submit their requests through an appropriate FAA Principal
Maintenance Inspector, who may add comments and then send it to the
Manager, Seattle ACO.
[[Page 3795]]
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Seattle ACO.
(c) Special flight permits may be issued in accordance with
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the airplane to a location where
the requirements of this AD can be accomplished.
(d) The inspection and installation shall be done in accordance
with Boeing Alert Service Bulletin 747-28A2190, dated March 23,
1995. This incorporation by reference was approved by the Director
of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR
part 51. Copies may be obtained from Boeing Commercial Airplane
Group, P.O. Box 3707, Seattle, Washington 98124-2207. Copies may be
inspected at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue, SW., Renton, Washington; or at the Office of the Federal
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.
(e) This amendment becomes effective on February 20, 1996.
Issued in Renton, Washington, on January 25, 1996.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 96-1877 Filed 2-1-96; 8:45 am]
BILLING CODE 4910-13-U
Complete official Federal Register PDF
FR Doc. 96-1873 Airworthiness Directives; De Havilland Model DHC-8-102, -103, - 106, -301, -311, -314, and -315 Series Airplanes
[Federal Register Volume 61, Number 23 (Friday, February 2, 1996)]
[Rules and Regulations]
[Pages 3792-3793]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1873]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 95-NM-12-AD; Amendment 39-9506; AD 96-03-09]
Airworthiness Directives; De Havilland Model DHC-8-102, -103, -
106, -301, -311, -314, and -315 Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This amendment adopts a new airworthiness directive (AD),
applicable to certain de Havilland Model DHC-8 series airplanes, that
requires modification of a certain battery temperature monitor. This
amendment is prompted by reports of failure of the battery temperature
monitor, which resulted in smoke in the flight compartment. The actions
specified by this AD are intended to prevent failure of the battery
monitor, which could result in smoke in the flight compartment.
DATES: Effective March 4, 1996. -
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of March 4, 1996.
ADDRESSES: The service information referenced in this AD may be
obtained from Bombardier, Inc., Bombardier Regional Aircraft Division,
Garratt Boulevard, Downsview, Ontario, Canada M3K 1Y5. This information
may be examined at the Federal Aviation Administration (FAA), Transport
Airplane Directorate, Rules Docket, 1601 Lind Avenue, SW., Renton,
Washington; or at the FAA, New York Aircraft Certification Office,
Engine and Propeller Directorate, 10 Fifth Street, Third Floor, Valley
Stream, New York; or at the Office of the Federal Register, 800 North
Capitol Street, NW., suite 700, Washington, DC.
FOR FURTHER INFORMATION CONTACT: Peter Cuneo, Electrical Engineer, ANE-
172, FAA, Engine and Propeller Directorate, New York Aircraft
Certification Office, 10 Fifth Street, Third Floor, Valley Stream, New
York 11581; telephone (516) 256-7506; fax (516) 568-2716.
SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal
Aviation Regulations (14 CFR part 39) to include an airworthiness
directive (AD) that is applicable to certain de Havilland Model DHC-8
series airplanes was published in the Federal Register on February 21,
1995 (60 FR 9647). That action proposed to require modification of a
certain battery temperature monitor. -
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
the single comment received. -
The commenter supports the proposed rule. -
Since issuance of the NPRM, Transport Canada Aviation has issued
Canadian airworthiness directive CF-94-22R1, dated June 30, 1995, which
revises the effectivity of the original version of the Canadian
airworthiness directive by adding Model DHC-8-315 series airplanes. -
The FAA has revised the applicability of the final rule to include
these additional airplanes. These additional airplanes currently are
operated by non-U.S. operators under foreign registry; therefore, they
are not affected directly by this AD action. However, the FAA considers
that the revision to the applicability of the rule is necessary to
ensure that the unsafe condition is addressed in the event that these
subject airplanes are imported and placed on the U.S. Register in the
future. -
After careful review of the available data, including the comment
noted above, the FAA has determined that air safety and the public
interest require the adoption of the rule with the change previously
described. The FAA has determined that this change will neither
increase the economic burden on any operator nor increase the scope of
the AD. -
The FAA estimates that 137 airplanes of U.S. registry will be
affected by this AD, that it will take approximately 1 work hour per
airplane to accomplish the required actions, and that the average labor
rate is $60 per work hour. The cost of required parts will be nominal.
Based on these figures, the cost impact of the AD on U.S. operators is
estimated to be $8,220, or $60 per airplane. -
The cost impact figure discussed above is based on assumptions that
no operator has yet accomplished any of the requirements of this AD
action, and that no operator would accomplish those actions in the
future if this AD were not adopted. -
The regulations adopted herein will not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government. Therefore, in
accordance with Executive Order 12612, it is determined that this final
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment. -
For the reasons discussed above, I certify that this action (1) is
not a ``significant regulatory action'' under Executive Order 12866;
(2) is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and (3) will not have a
significant economic impact, positive or negative, on a substantial
number of small entities under the criteria of the Regulatory
Flexibility Act. A final evaluation has been prepared for this action
and it is contained in the Rules Docket. A copy of it may be obtained
from the Rules Docket at the location provided under the caption
ADDRESSES.
List of Subjects in 14 CFR Part 39 -
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
[[Page 3793]]
Adoption of the Amendment -
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (14 CFR part 39) as follows:
PART 39--AIRWORTHINESS DIRECTIVES -
1. The authority citation for part 39 continues to read as follows:
Authority: 49 USC 106(g), 40113, 44701.
Sec. 39.13 [Amended] -
2. Section 39.13 is amended by adding the following new
airworthiness directive:
96-03-09 De Havilland, Inc.: Amendment 39-9506. Docket 95-NM-12-AD.
-Applicability: Model DHC-8-102, -103, -106, -301, -311, -314,
and -315 series airplanes, serial numbers 003 through 389 inclusive;
equipped with Ametek/Weston battery temperature monitor having part
number (P/N) 522487; certificated in any category. -
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
modified, altered, or repaired in the area subject to the
requirements of this AD. For airplanes that have been modified,
altered, or repaired so that the performance of the requirements of
this AD is affected, the owner/operator must use the authority
provided in paragraph (c) of this AD to request approval from the
FAA. This approval may address either no action, if the current
configuration eliminates the unsafe condition; or different actions
necessary to address the unsafe condition described in this AD. Such
a request should include an assessment of the effect of the changed
configuration on the unsafe condition addressed by this AD. In no
case does the presence of any modification, alteration, or repair
remove any airplane from the applicability of this AD.
-Compliance: Required as indicated, unless accomplished
previously. -
To prevent failure of the battery temperature monitor, which
could result in smoke in the flight compartment, accomplish the
following:
(a) Within 6 months after the effective date of this AD, modify
the battery temperature monitor in accordance with de Havilland
Service Bulletin S.B. 8-24-53, dated September 7, 1994. -
(b) As of the effective date of this AD, no person shall install
an Ametek/Weston battery temperature monitor, P/N 522487, on any
airplane. -
(c) An alternative method of compliance or adjustment of the
compliance time that provides an acceptable level of safety may be
used if approved by the Manager, New York Aircraft Certification
Office (ACO), FAA, Engine and Propeller Directorate. Operators shall
submit their requests through an appropriate FAA Principal
Maintenance Inspector, who may add comments and then send it to the
Manager, New York ACO.
-Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the New York ACO.
-(d) Special flight permits may be issued in accordance with
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the airplane to a location where
the requirements of this AD can be accomplished. -
(e) The modification shall be done in accordance with de
Havilland Service Bulletin S.B. 8-24-53, dated September 7, 1994.
This incorporation by reference was approved by the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51. Copies may be obtained from Bombardier, Inc., Bombardier
Regional Aircraft Division, Garratt Boulevard, Downsview, Ontario,
Canada M3K 1Y5. Copies may be inspected at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or
at the FAA, New York Aircraft Certification Office, Engine and
Propeller Directorate, 10 Fifth Street, Third Floor, Valley Stream,
New York 11581; or at the Office of the Federal Register, 800 North
Capitol Street, NW., suite 700, Washington, DC. -
(f) This amendment becomes effective on March 4, 1996.
Issued in Renton, Washington, on January 25, 1996.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 96-1873 Filed 2-1-96; 8:45 am]
BILLING CODE 4910-13-U
Complete official Federal Register PDF
FR Doc. 96-1850 Approval and Promulgation of Implementation Plans; Michigan
[Federal Register Volume 61, Number 23 (Friday, February 2, 1996)]
[Rules and Regulations]
[Pages 3815-3817]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1850]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[MI41-1-6999a; FRL-5407-5]
Approval and Promulgation of Implementation Plans; Michigan
AGENCY: Environmental Protection Agency (USEPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: This document approves a State Implementation Plan (SIP)
revision for the State of Michigan which was submitted pursuant to the
USEPA general conformity rules set forth at 40 ozone maintenance part
51, subpart W--Determining Conformity of General Federal Actions to
State or Federal Implementation Plans. Section 51.851(a) of the general
conformity rules requires each State to submit to USEPA a revision to
its applicable SIP which contains criteria and procedures for assessing
conformity of Federal actions to applicable SIPs. The general
conformity rules, except for the 40 CFR 51.851(a) language requiring
State submission of a SIP revision, are repeated at 40 CFR part 93,
subpart B. Michigan's SIP revision incorporates verbatim the criteria
and procedures set forth at 40 CFR part 93, subpart B. This general
conformity SIP revision will enable the State of Michigan to implement
and enforce the Federal general conformity requirements in the
nonattainment and maintenance areas at the State and local level.
This document of approval is limited only to the general conformity
SIP revision submitted pursuant to 40 CFR part 51, subpart W. SIP
revisions submitted under 40 CFR part 51, subpart T, relating to
conformity of Federal transportation actions funded or approved under
Title 23 U.S.C. or the Federal Transit Act, will be addressed in a
separate document. This document provides the rationale for the
proposed approval and other information.
DATES: This ``direct final'' rule is effective April 2, 1996 unless
USEPA receives adverse or critical comments by March 4, 1996. If the
effective date is delayed, timely notice will be published in the
Federal Register.
ADDRESSES: Copies of the SIP revision, public comments and USEPA's
responses are available for inspection at the following address: United
States Environmental Protection Agency, Region 5, Air and Radiation
Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. (It is
recommended that you telephone Michael Leslie at (312) 353-6680 before
visiting the Region 5 Office.)
A copy of this SIP revision is available for inspection at the
following location: Office of Air and Radiation (OAR) Docket and
Information Center (Air Docket 6102), room M1500, United States
Environmental Protection Agency, 401 M Street S.W., Washington, D.C.
20460, (202) 260-7548.
FOR FURTHER INFORMATION CONTACT: Michael G. Leslie, Regulation
Development Section (AT-18J), Air Toxics and Radiation Branch, Air and
Radiation Division, United States Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, Telephone
Number (312) 353-6680.
SUPPLEMENTARY INFORMATION:
I. Background
Section 176(c) of the Clean Air Act (CAA), 42 U.S.C. Sec. 7506(c),
provides that no Federal department, agency, or instrumentality shall
engage in, support in any way or provide financial assistance for,
license or permit, or approve any activity which does not conform to a
SIP that has been approved or promulgated pursuant to the CAA.
Conformity is defined in section 176(c) of the CAA as conformity to the
SIP's purpose of eliminating or reducing the severity and number of
violations of the National Ambient Air Quality Standards (NAAQS) and
achieving expeditious attainment of such standards, and that such
activities will not: (1) cause or contribute to any new violation of
any standard in any area, (2) increase the
[[Page 3816]]
frequency or severity of any existing violation of any standard in any
area, or (3) delay timely attainment of any standard or any required
interim emission reductions or other milestones in any area.
Section 176(c)(4)(A) of the CAA requires USEPA to promulgate
criteria and procedures for determining conformity of all Federal
actions to applicable SIPs. Criteria and procedures for determining
conformity of Federal actions related to transportation projects funded
or approved under Title 23 U.S.C. or the Federal Transit Act are set
forth at 40 CFR part 51, subpart T. The criteria and procedures for
determining conformity of other Federal actions, the ``general
conformity'' rules, were published in the November 30, 1993, Federal
Register and codified at 40 CFR part 51 subpart W--Determining
Conformity of General Federal Actions to State or Federal
Implementation Plans. The general conformity rules require the States
and local air quality agencies (where applicable) to adopt and submit a
general conformity SIP revision to the USEPA not later than November
30, 1994.
II. Evaluation of the State's Submittal
Pursuant to the requirements under section 176(c)(4)(C) of the CAA
the Michigan Department of Natural Resources (MDNR) submitted a SIP
revision to the USEPA on November 29, 1994. The USEPA found this
submittal to be complete on April 13, 1995. In its submittal, the State
adopted the USEPA general conformity rule (40 CFR part 93, subpart B)
verbatim.
General conformity is required for all areas which are designated
nonattainment or maintenance for any NAAQS criteria pollutant. The
State of Michigan currently has 25 areas designated ozone
nonattainment, and one ozone maintenance area. The areas for which
conformity determinations are required and which are included as part
of this submittal include the following nonurbanized counties: Allegan,
Barry, Branch, Cass, Gratiot, Hillsdale, Huron, Ionia, Lenawee, Lapeer,
Montcalm, Saint Joesph, Sanilac, Shiwassee, Tuscola, Van Buren.
Urbanized areas include: Battle Creek Metropolitan Statistical Area
(MSA) (Calhoun County), Benton Harbor MSA (Berrien County), Detroit-Ann
Arbor Consolidated MSA area (Livingston, Macomb, Monroe, Oakland, St.
Clair, Washtenaw, and Wayne Counties which are ozone maintenance),
Flint MSA (Genesee County), Grand Rapids MSA (Kent and Ottawa
Counties), Jackson MSA (Jackson County), Kalamazoo MSA (Kalamazoo
County), Lansing-East Lansing MSA (Clinton, Eaton, and Ingham
Counties), Muskegon MSA (Muskegon County), and Saginaw-Bay City-Midland
MSA (Bay, Midland, and Saginaw Counties). Portions of three counties
(Wayne, Oakland, and Macomb) are designated carbon monoxide
nonattainment. A portion of Wayne county is nonattainment for
Particulate Matter-10. The State of Michigan is currently attaining the
NAAQS for Nitrogen Dioxide and Sulfur Dioxide, and has not been
designated nonattainment for lead.
The MDNR held a public hearing on the transportation conformity
submittal on November 16, 1994. One comment was received by MDNR during
the public comment period and that comment was addressed in the
submittal.
III. USEPA Criteria on Submittal
The revision incorporated the provisions of the following sections
of 40 CFR part 93, subpart B in verbatim form: Secs. 93.150, 93.151,
93.152, 93.153, 93.154, 93.155, 93.156, 93.157, 93.158, 93.159, 93.160.
The MDNR, after consulting with the Michigan Attorney General,
correctly concluded that this SIP revision will be enforceable pursuant
to Michigan statutory law. Section 336.15 of the Michigan Compiled Laws
(MCL), MSA Sec. 14.58(5) (1965 Mich. Pub. Acts 348), authorizes MDNR:
to promulgate rules to establish standards for ambient air quality and
for emissions (including SIPs); to institute a civil action to compel
compliance with such rules; to cooperate with USEPA with respect to the
control of air pollution; and to take other actions necessary to
enforce such rules. Section 336.26d of MCL, MSA Sec. 14.58(16d) (1965
Mich. Pub. Acts 348), provides for the assessment of penalties by MDNR
for SIP violations and Section 336.26e of MCL, MSA Sec. 14.58(16e)
(1965 Mich. Pub. Acts 348), authorizes the attorney general to seek
both penalties and injunctive relief for such violations.
Additional enforcement authority is found in MCL Sec. 691.1202, MSA
Sec. 14.528(202) (1970 PA 127), which authorizes the attorney general,
any political subdivision of the State, any instrumentality or agency
of the State, or any person or legal entity to bring a civil action for
declaratory and equitable relief for the protection of the air from
pollution, impairment or destruction. In determining whether a
violation has occurred or is likely to occur, the court may adopt
standards set forth in a SIP or may adopt another standard.
IV. USEPA Action
The USEPA is approving the general conformity SIP revision for the
State of Michigan. The USEPA has evaluated this SIP revision and has
determined that the State has fully adopted the provisions of the
Federal general conformity rules set forth at 40 CFR part 93, subpart
B. The appropriate public participation and comprehensive interagency
consultations have been undertaken during development and adoption of
this SIP revision. Because USEPA considers this action to be
noncontroversial and routine, USEPA is approving it without prior
proposal. This action will become effective on April 2, 1996. However,
if USEPA receives adverse comments by March 4, 1996. USEPA will publish
a document that withdraws this action.
IV. Miscellaneous
A. Applicability to Future SIP Decisions.
Nothing in this action should be construed as permitting, allowing
or establishing a precedent for any future request for revision to any
SIP. The USEPA shall consider each request for revision to the SIP in
light of specific technical, economic, and environmental factors and in
relation to relevant statutory and regulatory requirements.
B. Executive Order 12866
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for
Air and Radiation. The Office of Management and Budget has exempted
this regulatory action from E.O. 12866 review.
C. Regulatory Flexibility
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., USEPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities (5 U.S.C. 603 and 604).
Alternatively, USEPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
This approval does not create any new requirements. Therefore, I
certify that this action does not have a significant impact on any
small entities affected. Moreover, due to the nature of the Federal-
State relationship under the
[[Page 3817]]
Act, preparation of the regulatory flexibility analysis would
constitute Federal inquiry into the economic reasonableness of the
State action. The Act forbids USEPA to base its actions concerning SIPs
on such grounds. Union Electric Co. v. U.S.E.P.A., 427 U.S. 246, 256-66
(1976).
Under section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, the
USEPA must prepare a budgetary impact statement to accompany any
proposed or final rule that includes a Federal mandate that may result
in estimated costs to State, local, or tribal governments in the
aggregate; or to the private sector, of $100 million or more. Under
Section 205, the USEPA must select the most cost-effective and least
burdensome alternative that achieves the objectives of the rule and is
consistent with statutory requirements. Section 203 requires the USEPA
to establish a plan for informing and advising any small governments
that may be significantly or uniquely impacted by the rule.
The USEPA has determined that the approval action promulgated today
does not include a Federal mandate that may result in estimated costs
of $100 million or more to either State, local, or tribal governments
in the aggregate, or to the private sector.
This Federal action approves pre-existing requirements under State
or local law, and imposes no new Federal requirements. Accordingly, no
additional costs to State, local, or tribal governments, or the private
sector, result from this action.
D. Petitions for Judicial Review
Under section 307(b)(1) of the Act, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by April 2, 1996. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review, nor does
it extend the time within which a petition for judicial review may be
filed and shall not postpone the effectiveness of such rule or action.
This action may not be challenged later in proceedings to enforce its
requirements (see section 307(b)(2) of the CAA).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
General conformity, Hydrocarbons, Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter, Volatile organic compounds.
Dated: December 13, 1995.
Gail Ginsberg,
Acting Regional Administrator.
40 CFR part 52, is amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart X--Michigan
2. Section 52.1173 is amended by adding paragraph (e) to read as
follows:
Sec. 52.1173 Control strategy: Particulates.
* * * * *
(e) Approval--On November 29, 1994, the Michigan Department of
Natural Resources submitted a revision to the particulate State
Implementation Plan for general conformity rules. The general
conformity SIP revisions enable the State of Michigan to implement and
enforce the Federal general conformity requirements in the
nonattainment or maintenance areas at the State or local level in
accordance with 40 CFR part 93, subpart B--Determining Conformity of
General Federal Actions to State or Federal Implementation Plans.
3. Section 52.1174 is amended by adding paragraph (n) to read as
follows:
Sec. 52.1174 Control strategy: Ozone.
* * * * *
(n) Approval--On November 29, 1994, the Michigan Department of
Natural Resources submitted a revision to the ozone State
Implementation Plan for general conformity rules. The general
conformity SIP revisions enable the State of Michigan to implement and
enforce the Federal general conformity requirements in the
nonattainment or maintenance areas at the State or local level in
accordance with 40 CFR part 93, subpart B--Determining Conformity of
General Federal Actions to State or Federal Implementation Plans.
4. Section 52.1185 is added to read as follows:
Sec. 52.1185 Control strategy: Carbon Monoxide.
(a) Approval--On November 29, 1994, the Michigan Department of
Natural Resources submitted a revision to the carbon monoxide State
Implementation Plan for general conformity rules. The general
conformity SIP revisions enable the State of Michigan to implement and
enforce the Federal general conformity requirements in the
nonattainment or maintenance areas at the State or local level in
accordance with 40 CFR part 93, subpart B--Determining Conformity of
General Federal Actions to State or Federal Implementation Plans.
(b) Reserved.
[FR Doc. 96-1850 Filed 2-1-96; 8:45 am]
BILLING CODE 6560-50-P
Complete official Federal Register PDF
FR Doc. 96-1845 Approval and Promulgation of Implementation Plans, Georgia: Approval of Revisions to the State Implementation Plan
[Federal Register Volume 61, Number 23 (Friday, February 2, 1996)]
[Rules and Regulations]
[Pages 3819-3821]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1845]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[GA-21-3-6481a; FRL-5319-5]
Approval and Promulgation of Implementation Plans, Georgia:
Approval of Revisions to the State Implementation Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: This action approves revisions to the Georgia State
Implementation Plan (SIP) adopted by the Georgia Department of Natural
Resources Environmental Protection Division (GA EPD) on September 9,
1992, for the purpose of implementing the following programs within the
Atlanta ozone nonattainment area: emission statement program for
stationary sources, Stage II Gasoline Vapor Control revisions with SIP
narrative and transfer of the existing Georgia Department of Public
Safety's Inspection and Maintenance (I/M) program regulations to the
Georgia Department of Natural Resources. The submitted revisions meet
the November 15, 1992, plan requirements for nonattainment areas of the
Clean Air Act as amended in 1990 (CAA). The revisions were submitted
for the Atlanta ozone nonattainment area.
DATES: This final rule is effective April 2, 1996 unless adverse or
critical comments are received by March 4, 1996. If the effective date
is delayed, timely notice will be published in the Federal Register.
ADDRESSES: Written comments on this action should be addressed to Alan
Powell at the EPA Regional Office listed below.
Copies of the documents relative to this action are available for
public inspection during normal business hours at the following
locations. The interested persons wanting to examine these documents
should make an appointment with the appropriate office at least 24
hours before the visiting day.
Air and Radiation Docket and Information Center (Air Docket 6102), U.S.
Environmental Protection Agency, 401 M Street, SW, Washington, DC
20460.
Environmental Protection Agency, Region 4 Air Programs Branch, 345
Courtland Street, NE, Atlanta, Georgia 30365.
Air Protection Branch, Georgia Environmental Protection Division,
Georgia Department of Natural Resources, 4244 International Parkway,
Suite 120, Atlanta, Georgia 30354.
FOR FURTHER INFORMATION CONTACT: Alan Powell, Regulatory Planning and
Development Section, Air Programs Branch, Air, Pesticides & Toxics
Management Division, Region 4 Environmental Protection Agency, 345
Courtland Street, NE, Atlanta, Georgia 30365. The telephone number is
404/347-3555, extension 4209. Reference file GA-21-3-6481.
SUPPLEMENTARY INFORMATION: The air quality planning and SIP
requirements for ozone nonattainment and transport areas are set out in
subparts I and II of Part D of Title I of the CAA. Section 182 of the
CAA sets out a graduated control program for ozone nonattainment areas.
Section 182(a) sets out requirements applicable in subsections (b),
(c), (d), and (e) to all other ozone nonattainment areas. On November
13, 1992, Georgia submitted a SIP package to address these
requirements. The submittal contained regulations relating to emissions
statements, new source review, enhanced motor vehicle inspection
committal SIP, Stage II vapor recovery, the small business assistance
program (SBAP) and non-control technology guidance (non-CTG) Reasonably
Available Control Techniques (RACT). The new source review, non-CTG
RACT, SBAP and I/M committal SIP portions of this package will be
processed as separate Federal
[[Page 3820]]
Register notices. The following summarize the applicable revisions
addressing emission statements, revision to the I/M program which
transfer authority to the Georgia Environmental Protection Division
from the Georgia Department of Motor Vehicles and Stage II vapor
recovery.
391-3-1-.02(6)(a)4.--Emission Statements. This is a new rule which
requires annual emission statements from owners and operators of
stationary sources of nitrogen oxides (NOX) and/or VOCs which emit
greater than or equal to 25 tons per calendar year of either pollutant
in the Atlanta ozone nonattainment area. Among the requirements in
section 182(a) is a program in paragraph (3) of that subsection for
stationary sources to prepare and submit to the State each year
emission statements showing actual emissions of VOC and NOX. The
emission statement must contain a certification that the information
contained in the statement is accurate to the best knowledge of the
individual certifying the statement.
The CAA requires applicable facilities (25 tons per year (tpy) and
greater of VOC and NOX) to submit the emission statements to the
State within three years after November 15, 1990, and annually
thereafter. The Georgia emission statement rule, submitted on November
13, 1992, requires applicable sources to submit an emissions statement
to the GA EPD beginning March of 1993, and the emission statements
submitted will be certified correct as required by the CAA. The
emission statement rule submitted by GA EPD meets all applicable
requirements of the CAA.
391-3-10--Inspection and Maintenance. This chapter adopts, with
various minor changes, the Georgia Department of Public Safety's I/M
rules as GA EPD rules, reflecting the transfer of responsibility for
the program contained in the Georgia Motor Vehicle I/M Act. This rule
will not significantly change the operation of the existing I/M
program.
391-3-1-.02(2)(zz)--Gasoline Dispensing Facilities--Stage II. The
provisions required for serious ozone nonattainment areas include a
requirement for owners or operators of gasoline dispensing systems to
install and operate vapor recovery equipment at their facilities. The
CAA specifies that the state regulations must apply to any facility
that dispenses more than 10,000 gallons of gasoline per month or, in
the case of an independent small business marketer (ISBM), any facility
that dispenses more than 50,000 gallons of gasoline per month. Section
324 of the CAA defines an ISBM. The State definition of ISBM is
consistent with the definition in the CAA.
The CAA specifies the time by which certain facilities must comply
with the State regulation. For facilities that are not owned or
operated by an ISBM, these times, calculated from the time of State
adoption of the regulation, are: (1) 6 months for facilities for which
construction began after November 15, 1990, (2) 1 year for facilities
that dispense greater than 100,000 gallons of gasoline per month, and
(3) by November 15, 1994, for all other facilities. For ISBM's, section
324(a) of the CAA provides that the time periods may be: (1) 33 percent
of the facilities owned by an ISBM by the end of the first year after
the regulations take effect; (2) 66 percent of such facilities by the
end of the second year; and (3) 100 percent of such facilities after
the third year.
Consistent with EPA's guidance, the State requires that Stage II
systems be tested and certified to meet a 95 percent emission reduction
efficiently by using a system approved by the California Air Resources
Board (CARB). The State requires sources to verify proper installation
and function of Stage II equipment through use of a liquid blockage
test and a leak test prior to system operation and every five years or
upon major modification of a facility (i.e., 75 percent or more
equipment change). The State has also established an inspection program
consistent with that described in EPA's guidance and has established
procedures for enforcing violations of the Stage II requirements.
Pursuant to the CAA, Georgia is required to adopt specific air
quality control rules and incorporate them into the Georgia SIP. On
November 13, 1992, the State of Georgia through the GA EPD submitted
the required November 15, 1992, regulations to EPA for approval and
incorporation into the Georgia SIP. EPA has evaluated the State's
submittal for consistency with the CAA, EPA regulations, and EPA
policy. EPA has determined that the rules addressed in this notice meet
all of the CAA requirements and is approving under section 110(k)(3),
the following regulations within Georgia's SIP Air Quality Control
Rules, Chapter 391-3-1, and Rules for Inspection and Maintenance,
Chapter 391-3-10. The regulations apply within the thirteen (13) county
Atlanta ozone nonattainment area.
Recodification
EPA is additionally approving several minor recodification
revisions in response to the recent amendments to the Georgia Air
Quality Act. The Georgia Air Quality Act contains the necessary
authority to adopt the Georgia SIP revisions pursuant to the
requirements of the CAA.
EPA has not reviewed the substance of all of these regulations at
this time. These rules were approved into the State implementation plan
in previous rulemakings. The EPA is now merely approving the
renumbering system submitted by the State. The EPA's approval of the
renumbering system, at this time, does not imply any position with
respect to the approvability of the substantive rules. To the extent
EPA has issued any SIP calls to the State with respect to the adequacy
of any of the rules subject to this recodification, EPA will continue
to require the State to correct any such rule deficiencies despite
EPA's approval of this recodification.
Final Action
EPA is approving these revisions because they meet the requirements
of EPA and the CAA. This action is being taken without prior proposal
because the Agency views this as a noncontroversial amendment and
anticipates no adverse comments.
However, in a separate document in this Federal Register
publication, the EPA is proposing to approve the SIP revision should
adverse or critical comments be filed. This action will be effective
April 2, 1996, unless, by March 4, 1996, adverse or critical comments
are received.
If the EPA receives such comments, this action will be withdrawn
before the effective date by publishing a subsequent document that will
withdraw the final action. All public comments received will then be
addressed in a subsequent final rule based on the separate proposed
rule. The EPA will not institute a second comment period on this
action. Any parties interested in commenting on this action should do
so at this time. If no such comments are received, the public is
advised that this action will be effective April 2, 1996.
Under section 307(b)(1) of the Act, 42 U.S.C. 7607(b)(1), petitions
for judicial review of this action must be filed in the United States
Court of Appeals for the appropriate circuit by April 2, 1996. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to
[[Page 3821]]
enforce its requirements. (See section 307(b)(2) of the Act, 42 U.S.C.
7607(b)(2).)
The OMB has exempted these actions from review under Executive
Order 12866.
Nothing in this action shall be construed as permitting or allowing
or establishing a precedent for any future request for a revision to
any state implementation plan. Each request for revision to the state
implementation plan shall be considered separately in light of specific
technical, economic, and environmental factors and in relation to
relevant statutory and regulatory requirements.
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. 603 and 604.
Alternatively, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
SIP approvals under section 110 and subchapter I, Part D of the CAA
do not create any new requirements, but simply approve requirements
that the State is already imposing. Therefore, because the Federal SIP-
approval does not impose any new requirements, I certify that it does
not have a significant impact on any small entities affected. Moreover,
due to the nature of the federal-state relationship under the CAA,
preparation of a regulatory flexibility analysis would constitute
federal inquiry into the economic reasonableness of state action.
The CAA forbids EPA to base its actions concerning SIPs on such
grounds. Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (S.Ct.
1976); 42 U.S.C. 7410(a)(2) and 7410(k)(3).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Hydrocarbons, Intergovernmental relations, Incorporation by reference,
Lead, Ozone, Nitrogen oxides, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides.
Dated: September 18, 1995.
Patrick M. Tobin,
Acting Regional Administrator.
Part 52 of chapter I, title 40, Code of Federal Regulations, is
amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42.U.S.C. 7401-7671q.
Subpart L--Georgia
2. Section 52.570 is amended by adding paragraph (c) (44) to read
as follows:
Sec. 52.570 Identification of plan.
* * * * *
(c) * * *
(44) Revisions to the Georgia State Implementation Plan; Chapter
391-3-1 and Chapter 391-3-10 of the Georgia Department of Natural
Resources Administrative Code which were submitted to EPA on November
13, 1992.
(i) Incorporation by reference.
(A) Georgia Department of Natural Resources Air Quality Rules
submitted by the Georgia Department of Natural Resources, Environmental
Protection Division for inclusion in the Georgia state implementation
plan which were adopted on October 28, 1992, are as follows:
391-3-1-.05, 391-3-1-.09, 391-3-1-.10, 391-3-1-.02(2)(zz), 391-3-1-
.02(6)(a)4., 391-3-1-.03(5), 391-3-1-.03(6)(h), 391-3-10.01(d)(e),
391-3-10-.04(d), 391-3-10-.07(2), 391-3-10-.10(b), 391-3-10-.12,
391-3-10-.24(11), 391-3-10-.30(1), 391-3-10-.30(2).
(ii) Other material. None.
* * * * *
[FR Doc. 96-1845 Filed 2-1-96; 8:45 am]
BILLING CODE 6560-50-P
Complete official Federal Register PDF
FR Doc. 96-1578 Rural Technology and Cooperative Development Grants
[Federal Register Volume 61, Number 23 (Friday, February 2, 1996)]
[Rules and Regulations]
[Pages 3779-3787]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1578]
========================================================================
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. 23 / Friday, February 2, 1996 / Rules
and Regulations
[[Page 3779]]
DEPARTMENT OF AGRICULTURE
Rural Housing Service
Rural Business--Cooperative Service
Rural Utilities Service
Farm Service Agency
7 CFR Parts 1901, 1940, 1951, and 2003
Rural Business--Cooperative Service
Rural Utilities Service
7 CFR Chapter XLII and Part 4284
RIN 0570-AA02
Rural Technology and Cooperative Development Grants
AGENCY: Rural Housing Service, Rural Business-Cooperative Service,
Rural Utilities Service, and Farm Service Agency, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Rural Business-Cooperative Service (RBS) revises its
regulations for Rural Technology and Cooperative Development Grants
(RTCDG) and amends other regulations utilized by RBS in administering
its grant programs. This action is necessary to comply with legislation
which authorizes grants for establishing and operating centers for
rural technology or cooperative development. The intended effect of
this action is to implement this grant program.
EFFECTIVE DATE: February 2, 1996.
FOR FURTHER INFORMATION CONTACT: Joseph R. Binder, Director, Specialty
Lenders Division, Rural Business-Cooperative Service, US Department of
Agriculture, Room 2245, South Agriculture Building, 14th and
Independence Ave. SW, Washington, D.C. 20250. Telephone (202) 720-1400.
SUPPLEMENTARY INFORMATION:
Classification
We are issuing this final rule in conformance with Executive Order
12866, and the Office of Management and Budget has determined that it
is not a ``significant regulatory action.''
Environmental Impact Statement
This document has been reviewed in accordance with 7 CFR part 1940,
subpart G, ``Environmental Program.'' RBS has determined that this
action does not constitute a major federal action significantly
affecting the quality of the human environment, and in accordance with
the National Environmental Policy Act of 1969, Pub. L. 91-190, an
Environmental Impact Statement is not required.
Executive Order 12778
This final rule has been reviewed under Executive Order 12778,
Civil Justice Reform. In accordance with this rule: (1) all state and
local laws and regulations that are in conflict with this rule will be
preempted; (2) no retroactive effect will be given to this rule and;
(3) administrative proceedings in accordance with the regulations of
the Agency at 7 CFR, part 1900, subpart B, or those regulations
published by the Department of Agriculture to implement the provisions
of the National Appeals Division as mandated by the Department of
Agriculture Reorganization Act of 1994, whichever is applicable, must
be exhausted before bringing suit in court challenging action taken
under this rule unless those regulations specifically allow bringing
suit at an earlier time.
Intergovernmental Review
This program is listed in the Catalog of Federal Domestic
Assistance under number 10.771 and is subject to the provisions of
Executive Order 12372 which requires intergovernmental consultation
with state and local officials. RBS has conducted intergovernmental
consultation in the manner delineated in FmHA Instruction 1940-J.
National Performance Review
This regulatory action is being taken as part of the National
Performance Review program to eliminate unnecessary regulations and
improve those that remain in force.
Unfunded Mandate Reform Act of 1995
Title II of the Unfunded Mandate Reform Act of 1995 (UMRA), Pub. L.
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, RBS
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, or tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
one year. When such a statement is needed for a rule, section 205 of
the UMRA generally requires RBS to identify and consider a reasonable
number of regulatory alternatives and adopt the least costly, more
cost-effective or least burdensome alternative that achieves the
objectives of the rule.
This rule contains no Federal mandates (under the regulatory
provisions of Title II of the UMRA) for State, local, and tribal
governments or the private sector. Thus today's rule is not subject to
the requirements of sections 202 and 205 of the UMRA.
Paperwork Reduction Act
The information collection and record keeping requirements
contained in these regulations were previously approved by the Office
of Management and Budget (OMB) under the provisions of 44 U.S. C.
Chapter 35 and have been assigned OMB control numbers 0575-0018, 0575-
0066, and 0570-0006, in accordance with the Paperwork Reduction Act of
1980. This final rule does not impose any new information or record
keeping requirements from those approved by OMB.
Background
The RTCDG program was established by interim rule on August 12,
1994 (59 Fed. Reg. 41386-98). The public comment period ended October
11, 1994. The RTCDG program is authorized by section 310B(f) through
(h) of the Consolidated Farm and Rural Development Act (7 U.S.C.
Sec. 1932 Act). The primary objective of the program is to improve the
economic condition of rural areas. The RTCDG program will achieve this
objective by supporting the creation or enhancement of institutions
including cooperatives capable of
[[Page 3780]]
promoting the development and commercialization of new services,
products, processes, and enterprises. The program is administered
through Rural Economic and Community Development (RECD) State Offices
acting on behalf of RBS. RBS, formerly known as the Rural Business and
Cooperative Development Service, is the successor of the Rural
Development Administration as to the RTCDG program pursuant to the
Department of Agriculture Reorganization Act of 1994 (Pub. L. 103-354).
Discussion of Public Comments
A total of 14 commenters offered comments to the interim rule. The
commenters represented the federal agencies, Arkansas Enterprise
Groups, National Rural Cooperative Development Task Force, New York
Department of City & Regional Planning, Winrock International in
Arkansas, Southwest Grain of North Dakota, The Maine Ambulatory Care
Coalition, and The North Dakota Associations of Rural Electric and
Telephone Cooperatives.
Several respondents objected to the kinds of demographic data
required because they believe it was not available, did not accurately
represent, or only partially represented the distressed economic
conditions of rural areas. The Agency agrees and, therefore, amends the
regulation to allow applicants to use their choice of data as long as
they reflect the intent of serving economically distressed communities
and the data are from established official independent sources. This
change will give applicants flexibility to use available data that best
describe the conditions impacted by their proposal. The Agency,
however, still will give preference in selecting those projects
demonstrating their ability to effectively serve rural areas with few
rural industries and agribusinesses, high levels of unemployment or
underemployment, high rates of outmigration of people, businesses, and
industries, or low levels of per capita income. This preferential
treatment is required by Conact Sec. 310B (f) (3).
Three respondents objected to the use of the terms, ``industry''
and ``agribusiness'' because there were no definitions provided and
there is no consistent source of comprehensive data available. These
terms also did not explain how to consider other points such as
temporary businesses, and small vs. large businesses. These comments
were adopted to allow applicants to use their choice of data with
regard to industries and agribusinesses as long as they provided an
accurate, comprehensive description of the economic conditions of their
community and their data are secured from established official
independent sources.
Three respondents recommended that a higher score or priority be
given to applicants who collaborate with others. The comment was not
adopted because collaboration will strengthen the preapplication in all
or most of the listed selection criteria so that it would not be a
distinguishing factor. One respondent suggested that a higher priority
be given to regional and multistate projects. The rule was not amended
to adopt this comment because it would work unfairly against those
organizations which do not have multistate responsibilities. Under the
final rule there is no prohibition against multistate projects. In
fact, applicants who propose multistate projects may get more points
because of their project's ability to demonstrate national
applicability of innovations developed under the program. One of the
preferential selection criteria is the transferability or demonstration
value of the project in helping rural areas outside the project area.
One respondent suggested that a higher priority be given to
applicants in states who have not received RTCDG grants. This comment
was not adopted because it would work unfairly against organizations
which produce multiple quality applications.
One respondent suggested that a higher priority be given to
organizations which administer multiple projects through several
organizations. Another respondent suggested that fewer points be given
to organizations which administer multiple projects. These comments
were not adopted because the Agency sees no clear advantages or
disadvantages to funding organizations who administer multiple
projects. The possibility exists that organizations which administer
multiple projects would have a broader perspective, a better ability to
disseminate their innovations nationally, and a stronger capacity to
manage projects effectively; however, the possibility also exists that
this organization would increase overhead costs and provide fewer
resources to benefit rural communities. Thus, the Agency finds no basis
for treating multiple project applicants differently than single
project applicants.
Two respondents suggested that a higher priority be given to
organizations with demonstrated ability to administer effective
projects. The Agency agrees and has adopted the comment as part of the
criteria for scoring. Specifically, the Agency will consider the
experience, organizational skills, and background needed to
successfully carry out the project.
One respondent suggested that the requirement for 25 percent
matching funds be limited to administrative costs. The rule was not
amended because program funds are limited and it is believed that
organizations need to match some of the funding to demonstrate local
support for the application.
One respondent suggested that all projects must be exclusively
rural. The comment was not adopted. The projects will serve rural
areas; however, there is nothing wrong with indirect benefits
supporting urban interests as well as rural.
Two respondents recommended that the requirement to secure
``evidence of support'' for the project from all of the affected local
governmental bodies be dropped. The rule was not amended because all
affected governmental bodies should be on record as supporting the
project. The time spent documenting this support will be worth the time
spent in order to avoid misunderstandings later.
One respondent recommended that projects be selected in all major
rural areas of the United States. The comment was not adopted in order
to allow for the highest quality preapplications to be selected.
One respondent recommended that a different theme be selected each
year. The Agency agrees that this is a desirable policy and plans to
adopt it to the extent possible in keeping with rule-making
requirements of the Administrative Procedures Act.
One respondent recommended that the preapplications be sent to the
RECD State Office for initial processing to determine eligibility and
to ensure that all necessary forms were in place before sending the
preapplications to the RBS National Office for scoring and selection.
The RBS National Office will follow this process. This is a better
process because the RECD State Office employees know the area,
applicants, and conditions of the communities better and can advise the
National Office. Organizations who prepare multistate preapplications
are to submit their preapplications through the state where the
organization's headquarters are located.
One respondent commented that using RTCDG funds for revolving loans
should be given a low priority. The Agency agrees that the RTCDG
program should emphasize those statutory factors that will benefit
economically distressed communities. However, Conact Sec. 310B (f) (2)
(C) specifically
[[Page 3781]]
provides that an acceptable center activity is a program providing
loans and grants to individuals, small businesses, and cooperatives in
rural areas served by the center for purposes of generating,
evaluating, developing, and commercializing new products, processes, or
services. The Agency will continue to carry out this mandate in its
review and selection process.
In addition to the changes made in response to public comments, the
Agency has made some administrative revisions. The Agency has revised
its selection criteria to provide for Administrator's points. The
Administrator may give emphasis to geographical distribution,
interagency cooperation, or other appropriate factors. This change will
allow the Administrator the flexibility to choose the best applicants
for limited grant funds.
The Agency has added definitions for ``center'' and ``subcenter''
for clarity.
The Agency also has added references to the applicability of
recently adopted departmental regulations to RTCDG grants made to
nonprofit institutions. The Uniform Administrative Requirements For
Grants and Agreements with Institutions of Higher Education, Hospitals,
and Other Non-profit Organizations, 7 CFR part 3019, were adopted by
interim final rule (60 Fed. Reg. 44122-39) on August 24, 1995.
The final rule removes the points from the selection criteria. The
points assigned to each of the selection criteria will be given in the
Federal Register notice to be published in advance each year. This will
allow the Agency to adjust the priorities given to each of the
preferential factors on a yearly basis to best meet the objectives set
forth in the regulations.
All references to Farmers Home Administration in the organization
procedures of 7 CFR part 2003 will be left in place but will be revised
in the near future. At that time they will be changed to reflect the
current names of the new agencies which were formed as a result of the
reorganization.
Internal management procedures have been removed from the
regulations but will appear in internal agency instructions.
List of Subjects
7 CFR Part 1901
Civil rights, Compliance reviews, Fair housing, Minority groups.
7 CFR Part 1940
Allocations, Administrative practice and procedure, Agriculture,
Grant programs--Housing and community development, Loan programs--
Agriculture, Rural areas.
7 CFR Part 1951
Account servicing, Grant programs--Housing and community
development, Reporting requirements, Rural areas.
7 CFR Part 2003
Organization and functions (Government agencies).
7 CFR Part 4284
Business and Industry, Grant programs--Housing and community
development, Rural areas.
Accordingly, chapters XVIII and XLII, title 7, Code of Federal
Regulations, are amended as follows:
CHAPTER XVIII--RURAL HOUSING SERVICE, RURAL BUSINESS COOPERATIVE
SERVICE, RURAL UTILITIES SERVICE, AND FARM SERVICE AGENCY
PART 1901--PROGRAM-RELATED INSTRUCTIONS
1. The authority citation for part 1901, subpart E, is revised as
follows:
Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 40 U.S.C. 442; 42 U.S.C.
1480, 2942.
Subpart E--Civil Rights Compliance Requirements *C*
2. Section 1901.204 is amended by revising paragraph (a)(27) to
read as follows:
Sec. 1901.204 Compliance reviews.
(a) * * *
(27) Rural Technology and Cooperative Development Grants in subpart
F of part 4284 of this title.
* * * * *
PART 1940--GENERAL
3. The authority citation for part 1940 is revised to read as
follows:
Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 42 U.S.C. 1480.
Subpart L--Methodology and Formulas for Allocation of Loan and
Grant Program Funds
Sec. 1940.590 [Removed and Reserved]
4. Section 1940.590 is removed and reserved.
PART 1951--SERVICING AND COLLECTIONS
5. The authority citation for part 1951 is revised to read as
follows:
Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 42 U.S.C. 1480.
Subpart E--Servicing of Community and Insured Business Programs
Loans and Grants
6. Section 1951.201 is revised to read as follows:
Sec. 1951.201 Purpose.
This subpart prescribes the Rural Economic and Community
Development (RECD) mission area policies, authorizations, and
procedures for servicing Water and Waste Disposal System loans and
grants; Community Facility loans; Rural Business Enterprise/Television
Demonstration grants; loans for Grazing and other shift-in-land-use
projects; Association Recreation loans; Association Irrigation and
Drainage loans; Watershed loans and advances; Resource Conservation and
Development loans; Insured Business loans; Economic Opportunity
Cooperative loans; loans to Indian Tribes and Tribal Corporations;
Rural Renewal loans; Energy Impacted Area Development Assistance
program grants; National Nonprofit Corporation grants; Water and Waste
Disposal Technical Assistance and Training grants; Emergency Community
Water Assistance grants; System for Delivery of Certain Rural
Development Programs panel grants; section 306C WWD loans and grants in
subpart E of part 4284 of this title; and Rural Technology and
Cooperative Development Grants in subpart F of part 4284 of this title.
RECD State Offices act on behalf of the Rural Housing Service, the
Rural Business-Cooperative Service and the Rural Utilities Service as
to loan and grant programs formerly administered by the Farmers Home
Administration, the Rural Development Administration, and the Rural
Electrification Administration. Loans sold without insurance to the
private sector will be serviced in the private sector and will not be
serviced under this subpart. The provisions of this subpart are not
applicable to such loans. Future changes to this subpart will not be
made applicable to such loans.
* * * * *
PART 2003--ORGANIZATION
7. The authority citation for part 2003 is revised to read as
follows:
Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 42 U.S.C. 1480; Public
Law 100-82, 101 Stat. 545.
[[Page 3782]]
Subpart A--Functional Organization of the Farmers Home
Administration or its Successor Agency Under Public Law 103-354
Exhibit A to part 2003 [Amended]
8. In part 2003, Exhibit A of subpart A, paragraph 2, under the
heading of Assistant Administrator--Community and Business Programs is
amended by revising ``rural technology development grants'' to read
``rural technology and cooperative development grants.''
9. The heading of 7 CFR chapter XLII is revised to read as follows:
CHAPTER XLII--RURAL BUSINESS-COOPERATIVE SERVICE AND RURAL UTILITIES
SERVICE, DEPARTMENT OF AGRICULTURE
Chapter XLII (Parts 4284 and 4285) [Amended]
10. In 7 CFR chapter XLII (consisting of parts 4284 and 4285),
everywhere ``Farmers Home Administration'', ``FmHA'', ``Rural
Development Administration'', or ``RDA'' appear, except ``FmHA
Instruction'' and ``Form FmHA'' references, add the phrase ``or its
successor agency'' immediately thereafter.
PART 4284--GRANTS
11. The authority citation for part 4284 is revised to read as
follows:
Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 16 U.S.C. 1005.
12-13. Subpart F of part 4284 is revised to read as follows:
Subpart F--Rural Technology and Cooperative Development Grants
Sec.
4284.501 Purpose.
4284.502 Policy.
4284.503 [Reserved]
4284.504 Definitions.
4284.505 Applicant eligibility.
4284.506-4284.514 [Reserved]
4284.515 Grant purposes.
4284.516 Ineligible grant purposes.
4284.517-4284.526 [Reserved]
4284.527 Other considerations.
4284.528 Application processing.
4284.529-4284.539 [Reserved]
4284.540 Grant selection criteria.
4284.541 Grant approval, fund obligation, grant closing, and third-
party financial assistance.
4284.542-4284.556 [Reserved]
4284.557 Fund disbursement.
4284.558 Reporting.
4284.559-4284.570 [Reserved]
4284.571 Audit requirements.
4284.572 Grant servicing.
4284.573 Programmatic changes.
4284.574 Subsequent grants.
4284.575 Grant suspension, termination, and cancellation.
4284.576-4284.586 [Reserved]
4284.587 Exception authority.
4284.588-4284.599 [Reserved]
4284.600 OMB control number.
Subpart F-Rural Technology and Cooperative Development Grants
Sec. 4284.501 Purpose.
(a) This subpart outlines the Rural Business-Cooperative Service's
(RBS) policies and authorizations and sets forth procedures to provide
grants for technology and cooperative development in rural areas.
(b) Grants for establishing and operating centers for rural
technology or cooperative development will be for the primary purpose
of improving the economic condition of rural areas by promoting the
development (through technological innovation, cooperative development,
and adaptation of existing technology) and commercialization of new
services and products that can be produced or provided in rural areas;
new processes that can be utilized in the production of products in
rural areas; and new enterprises or cooperatives that can add value to
on-farm production through processing or marketing.
(c) Copies of all forms and Instructions referenced in this subpart
are available in the RBS National Office or any RECD State Office.
Sec. 4284.502 Policy.
(a) The grant program will be used to assist in the economic
development of rural areas.
(b) Funds allocated for use in accordance with this subpart are
also to be considered for use by Native American tribes within the
state regardless of whether state development strategies include Indian
reservations within the state's boundaries. Native American tribes
residing on such reservations must have equal opportunity along with
other rural residents to participate in the benefits of these programs.
This includes equal application of outreach activities of RECD
servicing offices.
Sec. 4284.503 [Reserved]
Sec. 4284.504 Definitions.
Approval official--Any authorized agency official.
Center--The place established and operated by the grantee for rural
technology or cooperative development.
Cooperative--An association organized to provide a specific service
with open membership, equality in ownership and control, limited return
on members' capital, and equitable methods to distribute any excess
earnings back to its members.
Cooperative development--The startup, expansion, or operational
improvement of a cooperative which will promote the development of new
services and products that can be produced or provided in rural areas,
new processes that can be utilized in the production of products in
rural areas, or new enterprises that can add value to on-farm
production through processing or marketing. Operational improvement
includes making the cooperative more efficient, better managed, etc.
Economic development--The growth of an area as evidenced by
increases in total income, employment opportunities, decreased
outmigration of populations, value of production, increased
diversification of industry, higher labor force participation rates,
increased duration of employment, higher wage levels, or gains in other
measurements of economic activity, such as land values.
Nonprofit institution--Any organization or entity, including an
accredited institution of higher education, no part of the net earnings
of which inures, or may lawfully inure, to the benefit of any private
shareholder or individual.
Project--The undertaking for which funds will be used to develop or
operate a technology or cooperative development center.
Public body--Any state, county, city, township, incorporated town
or village, borough, authority, district, economic development
authority, or Indian tribe on federal and state reservation or other
federally recognized Indian tribe in rural areas.
RBS--The Rural Business-Cooperative Service, an agency of the
United States Department of Agriculture, or a successor agency.
RECD--Rural Economic and Community Development mission area.
Rural and rural area--Includes all territory of a state that is not
within the outer boundary of any city having a population of 50,000 or
more and its immediately adjacent urbanized and urbanizing areas with a
population density of more than 100 persons per square mile, as
determined by the Secretary of Agriculture according to the latest
decennial census of the United States.
Servicing office. Any RECD State Office or successor office.
Small business--A business which does not exceed the maximum number
of employees or annual receipts allowed for a concern (including its
affiliates) to be considered small according to the established size
standards for Small Business Administration (SBA) assistance as set
forth in Sec. 121.601, 13 CFR, part 121. The business may be operated
on a profit or nonprofit basis but must rely primarily on revenues of
the business for operation rather than outside support.
[[Page 3783]]
State--Any of the 50 States, the Commonwealth of Puerto Rico, the
Virgin Islands of the United States, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, the Republic of Palau,
the Federated States of Micronesia, and the Republic of the Marshall
Islands.
Subcenter--A unit of a center acting under the same direction as
and having a purpose consistent with that of the center.
Technology--The application of science to industrial or commercial
objectives. The entire body of methods and material used to achieve
such objectives.
Technology development--The creation of new technology or the use
and application of existing technology to promote the development and
commercialization of new products, new processes, and new services that
can be produced or provided in rural areas.
Urbanized area--An area immediately adjacent to a city having a
population of 50,000 or more which, for general social and economic
purposes, constitutes a single community and has a boundary contiguous
with that of the city. Such community may be incorporated or
unincorporated to extend from the contiguous boundaries to recognizable
open country, less densely settled areas, or natural boundaries such as
forests or water. Minor open spaces such as airports, industrial sites,
recreational facilities, or public parks shall be disregarded. Outer
boundaries of an incorporated community extend at least to its legal
boundaries. Cities which may have a contiguous border with another
city, but are located across a river from such city, are recognized as
a separate community and are not otherwise considered a part of an
urbanized or urbanizing area, as defined in this section, are not in a
nonrural area.
Urbanizing area--A community which is not now, or within the
foreseeable future not likely to be, clearly separate from and
independent of a city of 50,000 or more population and its immediately
adjacent urbanized areas. A community is considered ``separate from''
when it is separated from the city and its immediately adjacent
urbanized area by open country, less densely settled areas, or natural
barriers such as forests or water. Minor open spaces such as airports,
industrial sites, recreational facilities, or public parks shall be
disregarded. A community is considered ``independent of'' when its
social and economic structure (e.g. government; educational, health,
and recreational facilities; and business, industry, tax base, and
employment opportunities) is not primarily dependent on the city and
its immediately adjacent urbanized areas.
Sec. 4284.505 Applicant eligibility.
(a) Grants may be made to public bodies or nonprofit institutions.
(b) Grants may be made for technology and cooperative development
in ``rural areas.'' In determining whether an area is rural, the Agency
will determine whether the area is urbanized or urbanizing and then the
population density per square mile. All such density determinations
will be made on the basis of minor civil division or census county
division as used by the Bureau of the Census. In making the density
calculations, large nonresidential tracts devoted to urban land uses
such as railroad yards, airports, industrial sites, parks, golf
courses, and cemeteries or land set aside for such purposes will be
excluded.
(c) An outstanding judgement obtained against an applicant by the
United States in a Federal Court (other than in the United States Tax
Court), which has been recorded, shall cause the applicant to be
ineligible to receive any grant or loan until the judgement is paid in
full or otherwise satisfied. RBS grant funds may not be used to satisfy
the judgement.
Secs. 4284.506-4284.514 [Reserved]
Sec. 4284.515 Grant purposes.
Grant funds may be used to pay up to 75 percent of the costs for
establishing or operating centers for rural technology or cooperative
development. Applicant's contribution may be in cash or third party in-
kind contribution in accordance with parts 3015, 3016 and 3019 of this
title and must be from nonfederal funds except that a loan from another
federal source can be used for the applicant's contribution. Grant
funds may be used for, but are not limited to, the following purposes:
(a) Technology research, investigations, and basic feasibility
studies in any field or discipline for the purpose of generating
principles, facts, technical knowledge, new technology, or other
information that may be useful to rural industries, cooperatives,
agribusinesses, and other persons or entities in rural areas served by
such centers in the development and commercialization of new products,
processes, or services.
(b) The collection, interpretation, and dissemination of
principles, facts, technical knowledge, new technology, or other
information that may be useful to rural industries, cooperatives,
agribusinesses, and other persons or entities in rural areas served by
the center in the development and commercialization of new products,
processes, or services.
(c) Providing training and instruction for individuals residing in
rural areas served by the center with respect to the development
(through technological innovation, cooperative development, and
adaptation of existing technology) and commercialization of new
products, processes, or services.
(d) Providing loans and grants to individuals, small businesses and
cooperatives in rural areas for purposes of generating, evaluating,
developing and commercializing new products, processes, or services.
(e) Providing technical assistance and advisory services to
individuals, small businesses, cooperatives, and industries in rural
areas served by the center for purposes of developing and
commercializing new products, processes, or services.
(f) Providing research and support to individuals, small
businesses, cooperatives, and industries in rural areas served by the
center for purposes of developing new agricultural enterprises to add
value to on-farm production through processing or marketing.
(g) Paying up to 75 percent of the administrative costs of the
applicant in carrying out its projects.
(h) Equipment and materials necessary to carry out other eligible
grant purposes under this section.
Sec. 4284.516 Ineligible grant purposes.
Grant funds may not be used to:
(a) Pay more than 75 percent of project costs.
(b) Pay more than 75 percent of administrative costs.
(c) Duplicate current services or replace or substitute support
previously provided.
(d) Pay costs of preparing the application package for funding
under this program.
(e) Pay costs incurred prior to the effective date of the grant
made under this subpart.
(f) Pay for building construction or the purchase of real estate or
vehicles; improving or renovation of office space; or repair or
maintenance of privately-owned property.
(g) Fund political activities.
(h) Pay for assistance to any private business enterprise which
does not have at least 51 percent ownership by those who are either
citizens of the United States or reside in the United States after
being legally admitted for permanent residence.
[[Page 3784]]
Secs. 4284.517-4284.526 [Reserved]
Sec. 4284.527 Other considerations.
(a) Civil rights compliance requirements. All grants made under
this subpart are subject to the requirements of title VI of the Civil
Rights Act of 1964 which prohibits discrimination on the basis of race,
color, and national origin as outlined in subpart E of part 1901 of
this title. In addition, the grants made under this subpart are subject
to the requirements of section 504 of the Rehabilitation Act of 1973,
as amended, which prohibits discrimination on the basis of handicap;
the requirements of the Age Discrimination Act of 1975 which prohibits
discrimination on the basis of age; and title III of the Americans with
Disabilities Act, Pub. L. 101-336, which prohibits discrimination on
the basis of disability by private entities in places of public
accommodations.
(b) Environmental requirements.
(1) General applicability. Unless specifically modified by this
section, the requirements of subpart G of part 1940 of this title apply
to this subpart. For example, the Agency's general and specific
environmental policies contained in Secs. 1940.303 and 1940.304 of
subpart G of part 1940 of this title must be met. Although the purpose
of the grant program established by this subpart is to improve
business, industry, and employment in rural areas, this purpose is to
be achieved, to the extent practicable, without adversely affecting
important environmental resources of rural areas such as important
farmland and forest lands, prime rangelands, wetland, and flood plains.
Prospective recipients of grants, therefore, must consider the
potential environmental impacts of their applications at the earliest
planning stages and develop plans and projects that minimize the
potential to adversely impact on the environment.
(2) Technical assistance. An application for a technical assistance
project is generally excluded from the environmental review process by
Sec. 1940.333 of subpart G of part 1940 of this title. However, as
further specified in that section, the grantee of a technical
assistance grant, in the process of providing technical assistance,
must consider and generally document within their plans the potential
environmental impacts of the plan and recommendations provided to the
recipient of the technical assistance.
(3) Applications for grants to provide financial assistance to
third-party recipients. As part of the preapplication, the applicant
must provide a complete Form FmHA 1940-20, ``Request for Environmental
Information,'' for each project specifically identified in its plan to
provide financial assistance to third parties who will undertake
eligible projects with such assistance. The Agency will review the
preapplication, supporting materials, and any required Forms FmHA 1940-
20 and initiate an appropriate environmental review for the
preapplication. This assessment will focus on the potential cumulative
impacts of the projects as well as any environmental concerns or
problems that are associated with individual projects that can be
identified at this time from the information submitted. Because the
Agency's approval of this type of grant application does not constitute
a commitment to the use of grant funds for any identified third-party
projects (see Sec. 4284.541 of this subpart), no public notification
requirements will apply to the preapplication. After the grant is
approved, each third-party project to be assisted under the grant will
undergo the applicable environmental review and public notification
requirements in subpart G of part 1940 of this title prior to the
Agency providing its consent to the grantee to assist the third-party
project. If the preapplication reflects only one specific project which
is specifically identified as the third-party recipient for financial
assistance, the Agency may perform the appropriate environmental
assessment with no public notification. However, the applicant must be
advised that if the recipient or project changes after the grant is
approved, the project to be assisted under the grant will undergo the
applicable environmental review and public notification requirements .
(c) Government wide debarment and suspension (non-procurement) and
requirements for drug-free workplace. Persons who are disbarred or
suspended are excluded from federal assistance and benefits including
grants under this subpart. Grantees must certify that they will provide
a drug free workplace. See part 3017 of this title and FmHA Instruction
1940-M (available in any RECD State Office) for further guidance.
(d) Restrictions on lobbying. All grants must comply with the
lobbying restrictions set forth in part 3018 of this title.
(e) Excess capacity or transfer of employment.
(1) If a proposed grant is for more than $1 million and will
increase direct employment by more than 50 employees, the applicant
will be requested to provide written support for an Agency
determination that the proposal will not result in a project which is
calculated to, or likely to, result in:
(i) The transfer of any employment or business activity from one
area to another (this limitation will not prohibit assistance for the
expansion of an existing business entity through the establishment of a
new branch, affiliate, or subsidiary of such entity if the expansion
will not result in an increase in the unemployment in the area of
original location or in any other area where such entity conducts
business operations, or
(ii) An increase in the production of goods, materials, or
commodities or the availability of services or facilities in the area
when there is not sufficient demand for such goods, materials,
commodities, services, or facilities to employ the efficient capacity
of existing competitive commercial or industrial enterprises, unless
such financial or other assistance will not have an adverse effect upon
existing competitive enterprises in the area. The applicant's written
support will consist of a resolution from the applicant and Form FmHA
449-22, ``Certification of Non-Relocation and Market and Capacity
Information Report,'' from each existing and future occupant of the
site. The applicant may use Guide 2 of subpart G of part 1942 of this
title (available in any RECD State Office) as an example in preparing
the resolution. Future occupants of the site must be certified by the
Department of Labor (DOL) as outlined in paragraph (e)(3) of this
section for a period of 3 years after the initial certification by DOL.
(2) [Reserved]
(3) Grants shall not be made if the Secretary of Labor certifies
within 30 days after the matter has been submitted by the Secretary of
Agriculture that the provisions of paragraph (e) (1) of this section
have not been met. Information for obtaining this certification will be
submitted, in writing, by the applicant to RECD. Grant approval may be
given and funds may be obligated, subject to the DOL certification
being received, provided RBS has made its own separate determinations
of paragraphs (e) (1) (i) and (ii) of this section when applicable.
(f) Management assistance. Grant recipients will be supervised, as
necessary, to ensure that projects are completed in accordance with
approved plans and specifications and that funds are expended for
approved purposes. Grants made under this subpart will be administered
under, and are subject to, parts 3015, 3016, 3017 and 3019 of this
title, as appropriate, and established RBS guidelines.
[[Page 3785]]
(g) National Historic Preservation Act of 1966. All projects will
be in compliance with the National Historic Preservation Act of 1966 in
accordance with subpart F of part 1901 of this title.
(h) Uniform Relocation Assistance and Real Property Acquisition
Policies Act. All projects must comply with the requirements set forth
in part 21 of this title.
(i) Flood plains and wetlands. All projects must comply with
Executive Order 11988, ``Flood Plain Management,'' and Executive Order
11990, ``Protection of Wetlands.''
(j) Flood or mudslide hazard area precautions. If the grantee
financed project is in a flood or mudslide area, flood or mudslide
insurance must be provided.
(k) Termination of Federal requirements. Once the grantee has
provided assistance with project loans in an amount equal to the grant
provided by RBS, the requirements imposed on the grantee shall not be
applicable to any new projects thereafter financed from the RTCDG
funds. Such new projects shall not be considered as being derived from
federal funds. The purposes of such new projects , however, shall be
consistent with these regulations.
(l) Intergovernmental review. Grant projects are subject to the
provisions of Executive Order 12372 which requires intergovernmental
consultation with state and local officials. A loan fund established in
whole, or in part, with grant funds will also be considered a project
for the purpose of intergovernmental review as well as the specific
projects funded with grant funds from the RTCDG funds. For each project
to be assisted with a grant under this subpart and which the state has
elected to review under their intergovernmental review process, the
state point of contact must be notified. Notification, in the form of a
project description, can be initiated by the grantee. Any comments from
the state must be included with the grantee's request to use RBS grant
funds for the specific project. Prior to RBS's decision on the request,
compliance with requirements of intergovernmental consultation must be
demonstrated for each project. These requirements should be completed
in accordance with ``Intergovernmental Review of Department of
Agriculture Programs and Activities,'' subpart V of part 3015 of this
title (see FmHA Instruction 1940-J, available in any RECD State
Office).
Sec. 4284.528 Application processing.
(a) Preapplications.
(1) Applicants will file an original and one copy of Standard Form
(SF)-424.1, ``Application for Federal Assistance (For Non-
construction),'' with the appropriate RECD State Office. This form is
available in any RECD State Office.
(2) All preapplications shall be accompanied by:
(i) Evidence of applicant's legal existence and authority to
perform the proposed activities under the grant.
(ii) Latest financial information to show the organization's
financial capacity to carry out the proposed work. At a minimum, the
information should include a balance sheet and an income statement. A
current audit report is preferred where one is reasonably obtainable.
(iii) Estimated breakdown of total costs, including costs to be
funded by the applicant as well as other sources. Other sources should
be identified. Certification must be provided from the applicant that
its matching share to the project is available and will be used for the
project. The matching share must meet the requirements of parts 3015,
3016 and 3019 of this title. Certifications from an authorized
representative of each source of funds must be provided indicating that
funds are available and will be used for the proposed project.
(iv) Budget and description of the accounting system in place or
proposed.
(v) Area to be served, identifying each government unit, i.e.,
town, county, etc., if affected by the proposed project and evidence of
support and concurrence in the proposed project from the affected local
governmental bodies as evidenced by a resolution or a written statement
from the chief elected local official.
(vi) Evidence that the proposed project will serve or have the
potential to serve economically distressed areas supported by
established official independent sources of data which are sufficient
to verify the extent to which economically distressed conditions exist.
(Preference will be given in selecting projects demonstrating their
ability to effectively serve rural areas with few rural industries and
agribusinesses, high levels of unemployment or underemployment, high
rates of outmigration of people, businesses, and industries, or low
levels of per capita income).
(vii) A listing of businesses to be assisted.
(viii) Applicant's experience, including experience of key staff
members and persons who will be providing the proposed services and
managing the project.
(ix) The number of months duration of the project or service and
the estimated time it will take from grant approval to beginning of
service.
(x) Method and rationale used to select the areas or businesses
that will receive the service.
(xi) Brief description of how the work will be performed and
whether organizational staff, consultants or contractors will be used.
(xii) Evaluation method to be used by the applicant to determine if
objectives of the proposed activity are being accomplished.
(xiii) A brief plan which contains the following provisions and
describes how the applicant will meet those provisions:
(A) A provision that substantiates that the applicant will
effectively serve rural areas in the United States.
(B) A provision that the primary objective of the applicant will be
to improve the economic condition of rural areas by promoting the
development (through technological innovation, cooperative development,
and adaptation of existing technology) and commercialization of:
(1) New services and products that can be produced or provided in
rural areas;
(2) New processes that can be utilized in the production of
products in rural areas; and
(3) New enterprises that can add value to on-farm production
through processing or marketing.
(C) Copies of the established official independent sources of data
need to be included in the plan along with any documentation that more
fully explains the date produced, methodology, source, or
interpretation of the data.
(D) A description of the activities that the applicant will carry
out to accomplish such objective.
(E) A description of the proposed activities to be funded under
this subpart.
(F) A description of the contributions that the applicant's
proposed activities are likely to make to the improvement of the
economic conditions of the rural areas served by the applicant.
(G) Provisions that the applicant, in carrying out its activities,
will seek, where appropriate, the advice, participation, expertise, and
assistance
[[Page 3786]]
of representatives of business, industry, educational institutions, the
federal government, and state and local governments.
(H) Provisions that the applicant will consult with any college or
university administering Extension Service programs and cooperate with
such college or university in the coordination of the center's
activities and programs.
(I) Provisions that the applicant will take all practicable steps
to develop continuing sources of financial support for the center,
particularly from sources in the private sector.
(J) Provisions for:
(1) Monitoring and evaluating its activities; and
(2) Accounting for money received and expended by the institution
under this subpart.
(K) Provisions that the applicant will provide for the optimal
application of technology and cooperative development in rural areas,
especially those areas adversely affected by agricultural economic
conditions, through the establishment of demonstration projects and
subcenters for:
(1) Rural technology development where the technology can be
implemented by communities, community colleges, businesses,
cooperatives, and other institutions; or
(2) Cooperative development where such development can be
implemented by cooperatives to improve local economic conditions.
(xiv) If grant funds are to be used for the purpose of making loans
or grants to individuals, small businesses, or cooperatives (ultimate
recipients) in rural areas for eligible purposes under this subpart,
the preapplication must include the agreement proposed to be used
between the applicant and the ultimate recipients which includes the
following:
(A) An assurance that the responsibilities of the grantee, as a
recipient of grant funds under this subpart, are passed on to the
ultimate recipient and the ultimate recipient understands its
responsibilities to comply with the requirements set forth in this
subpart, including parts 3015, 3016, and 3019 of this title.
(B) Provisions that the ultimate recipient will comply with
debarment and suspension requirements contained in part 3017 of this
title and will execute Form AD-1048, ``Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower
Tier Covered Transactions.''
(C) Provisions that the ultimate recipient will execute Forms FmHA
400-1, ``Equal Opportunity Agreement,'' and FmHA 400-4, ``Assurance
Agreement.''
(D) Documentation that the ultimate recipient understands its
responsibilities to the applicant.
(E) Documentation that the applicant understands its
responsibilities in monitoring the ultimate recipient's activities
under the grant and the applicant's plan for such monitoring.
(F) Documentation when other references or sources of information
are used, along with copies if possible, to provide dates, addresses,
page numbers and explanations of how interpretations are made to
substantiate that such things as economically distressed conditions do
exist.
(G) Narrative addressing all items in Sec. 4284.540 (a) of this
subpart regarding grant selection criteria.
(b) Applications. Upon notification that the applicant has been
selected for funding, the following will be submitted to the RECD by
the applicant:
(1) SF 424.1, ``Application for Federal Assistance (for Non-
construction)''.
(2) Proposed scope of work, detailing the proposed activities to be
accomplished and time frames for completion of each activity.
(3) Proposed budget, including source and amount of applicant
contribution and any other funding sources for the proposed project.
(4) Other information requested by RECD to make a grant award
determination.
(c) Applicant response. If the applicant fails to submit the
application and related material by the date shown on the notice, RECD
may discontinue consideration of the preapplication.
Secs. 4284.529-4284.539 [Reserved]
Sec. 4284.540 Grant selection criteria.
Grants will be awarded under this subpart on a competitive basis.
The priorities described in this paragraph will be used by RBS to rate
preapplications. Preference will be given to applicants demonstrating
factors in paragraphs (a) (4) and (5) of this section. RBS' review of
preapplications will include the complete preapplication package
submitted to the RECD State Office. Points will be distributed
according to ranking as compared with other preapplications on hand.
Recognizing that a wide variety of individual strategies and approaches
may be used to promote economic development and that specific needs
vary according to geographic region and over time, the Agency has
determined to publish an informational notice annually in the Federal
Register which will contain those objective strategies or approaches,
consistent with this subpart with weighted priorities, that the Agency
wishes to emphasize during that year. The notice will establish the
period of time that the Agency will accept preapplications for
consideration of that fiscal year's funding.
(a) The selection criteria are as follows:
(1) Likelihood of project being effective in achieving one or more
of the following: technological innovation, adaptation of existing
technology, cooperative development, commercialization of new services
and products, and promotion of new processes and enterprises.
(2) Innovativeness or originality of project in addressing
authorized grant purposes.
(3) Experience, organizational skills, and background that are
needed for applicant to successfully carry out project.
(4) Transferability or demonstration value of project to help rural
areas outside of project area.
(5) Ability of project to contribute to the improvement of economic
conditions in rural areas with one or more of the following: few rural
industries and agribusinesses; high levels of unemployment or
underemployment; high rates of outmigration of people, businesses,
industries; and low levels of per capita income.
(6) The Administrator may award discretionary points to focus on
geographical distribution, interagency cooperation or other appropriate
factors.
(b) Each preapplication for assistance will be carefully reviewed
in accordance with the priorities established in this section. A
priority rating will be assigned to each preapplication.
Preapplications selected for funding will be based on the priority
rating assigned each preapplication and the total funds available. All
preapplications submitted for funding should contain sufficient
information to permit RBS to complete a thorough priority rating.
Sec. 4284.541 Grant approval, fund obligation, grant closing, and
third-party financial assistance.
The grantee will execute all documents required by the Agency to
make a grant under this subpart.
Secs. 4284.542-4284.556 [Reserved]
Sec. 4284.557 Fund disbursement.
Grants will be disbursed as follows:
(a) An SF-270, ``Request for Advance or Reimbursement,'' will be
completed by the applicant and submitted to RECD
[[Page 3787]]
not more frequently than monthly. The grantee will only be reimbursed
for allowable costs incurred.
(b) [Reserved]
(c) The grantee's share in the cost of the project will be
disbursed in advance of grant funds or on a pro-rata distribution basis
with grant funds during the disbursement period. The grantee may not
provide its contribution at the end of the grant period.
Sec. 4284.558 Reporting.
An SF-269, ``Financial Status Report,'' and a project performance
activity report will be required of all grantees on a quarterly basis.
A final project performance report will be required with the last SF-
269. The final report may serve as the last quarterly report. The final
report must include a final evaluation of the project. Grantees shall
constantly monitor performance to ensure that time schedules are being
met, projected work by time periods is being accomplished, and other
performance objectives are being achieved. Grantees are to submit an
original of each report to RECD. The project performance reports shall
include, but not be limited to, the following:
(a) A comparison of actual accomplishments to the objectives
established for that period;
(b) Reasons why established objectives (if any) were not met;
(c) Problems, delays, or adverse conditions which will affect
attainment of overall project objectives, prevent meeting time
schedules or objectives, or preclude the attainment of particular
project work elements during established time periods. This disclosure
shall be accompanied by a statement of the action taken or planned to
resolve the situation; and
(d) Objectives and timetable established for the next reporting
period.
Secs. 4284.559-4284.570 [Reserved]
Sec. 4284.571 Audit requirements.
The grantee will provide an audit report in accordance with
Sec. 1942.17 of subpart A of part 1942 of this title. The audit
requirements only apply to the years in which grant funds are received.
Audits must be prepared in accordance with general accounting
principles and standards using the publication, ``Standards for Audit
of Governmental Organizations, Programs, Activities and Functions.''
Sec. 4284.572 Grant servicing.
Grants will be serviced in accordance with subpart E of part 1951
of this title.
Sec. 4284.573 Programmatic changes.
The grantee shall obtain prior approval for any change to the scope
or objectives of the approved project. Failure to obtain prior approval
of changes to the scope or budget can result in suspension or
termination of grant funds.
Sec. 4284.574 Subsequent grants.
Subsequent grants will be processed in accordance with the
requirements set forth in this subpart.
Sec. 4284.575 Grant suspension, termination, and cancellation.
Grants may be canceled by RBS by written notice. Grants may be
suspended or terminated for cause or convenience in accordance with
parts 3015, 3016, and 3019 of this title.
Secs. 4284.576-4284.586 [Reserved]
Sec. 4284.587 Exception authority.
The Administrator may, in individual cases, make an exception to
any requirement or provision of this subpart which is not inconsistent
with the authorizing statute, an applicable law, or a decision of the
Comptroller General, if the Administrator determines that application
of the requirement or provision would adversely affect the Government's
financial interest and shows how the adverse impact will be eliminated
or minimized if the exception is made.
Secs. 4284.588-4284.599 [Reserved]
Sec. 4284.600 OMB control number.
The reporting and record keeping requirements contained in this
regulation have been approved by the Office of Management and Budget
(OMB) and have been assigned OMB control number 0570-0006. Public
reporting burden for this collection of information is estimated to
vary from 30 minutes to 8 hours per response, with an average of 1.85
hours per response, including time for reviewing instructions,
searching existing data sources, gathering and maintaining the data
needed, and completing and reviewing the collection of information.
Send comments regarding this burden estimate or any other aspect of
this collection of information, including suggestions for reducing this
burden, to Department of Agriculture, Clearance Officer, OIRM, AG Box
7630, Washington, DC 20250, and to the Office of Management and Budget,
Paperwork Reduction Project (OMB#0570-0006), Washington, D.C. 20503.
Dated: January 3, 1996.
Jill Long Thompson,
Under Secretary, Rural Economic and Community Development.
[FR Doc. 96-1578 Filed 2-1-96; 8:45 am]
BILLING CODE 3410-32-U
Complete official Federal Register PDF
FR Doc. 96-1258 Bureau of Public Affairs; Press Building Passes
[Federal Register Volume 61, Number 23 (Friday, February 2, 1996)]
[Rules and Regulations]
[Page 3800]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1258]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF STATE
22 CFR Part 9b
[Public Notice 2273]
Bureau of Public Affairs; Press Building Passes
AGENCY: Bureau of Public Affairs, State.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: This rule eliminates the requirement for annual submission of
a letter from press pass holders attesting that they continue to cover
the Department of State on a regular and substantial basis to maintain
their press passes. Instead, press building passes will automatically
lose their validity if not used in a 12-month period without further
notification to the pass holder. This rule also changes the period of
validity for press building passes and allows issuance of press passes
pending positive completion of international background investigation.
The changes will reduce the administrative burden on press pass
holders, as well as on the Department.
DATES: Effective Date: April 2, 1996. The rule will become final on
April 2, 1996 unless this agency publishes a document withdrawing the
rule based on receipt of adverse comments which are due on or before
March 4, 1996.
ADDRESSES: Interested persons are invited to submit comments to:
Director, Office of Press Relations, Department of State, Washington,
DC 20520.
FOR FURTHER INFORMATION CONTACT:
Julie M. Reside, Office of Press Relations (202) 647-2492.
SUPPLEMENTARY INFORMATION: The implementation of this rule as a direct
final rule is based upon the ``good cause'' exception found at 5 U.S.C.
553(d)(3). Promulgation notice and comment is ``unnecessary'' because
the rule is noncontroversial and not likely to engender public comment.
This rule is not expected to have a significant impact on small
business entities. This final rule does not impose information
collection requirements under the Paperwork Reduction Act of 1980. The
rule has been reviewed as required under Executive Order 12778 and
certified to be in compliance therewith. The rule is exempt from review
under Executive Order 12866, but has been reviewed internally by the
Department to ensure consistency with the objectives thereof.
List of Subjects in 22 CFR Part 9b
Administrative practice and procedure, Federal buildings and
facilities, News media, Security measures.
For the reasons set forth in the preamble, the Department of State
amends 22 CFR part 9b as follows:
PART 9b--[AMENDED]
1. The authority citation for 22 CFR part 9b continues to read as
follows:
Authority: 22 U.S.C. 2658.
2. Section 9b.8 is revised to read as follows:
Sec. 9b.8 Term and renewal of Department of State press building
passes.
(a) Department of State press building passes for U.S. citizens are
issued with three years' validity. Subject to positive completion of an
international background check, passes for non-U.S. citizens are issued
with one year's validity and may be renewed for three years.
Notwithstanding its initial validity, any press building pass that has
not been used for a twelve-month period, as recorded by the Bureau of
Diplomatic Security's turnstyle entry devices, will become invalid at
the end of that twelve-month period.
(b) For any valid passes issued before October 1, 1995,
notification shall be sent by the Department of State to the holder of
the pass that the pass has become invalid by reason of lack of use for
12-month period. However, failure of the holder for any reason to
receive such a notification shall not affect the invalidity of the
pass. Anyone whose pass has become invalid may apply for a new pass in
accordance with Secs. 9b.2 through 9b.5.
Richard M. Moose,
Under Secretary of State for Management.
[FR Doc. 96-1258 Filed 2-1-96; 8:45 am]
BILLING CODE 4710-11-M
Continue your research in ChatGPT or Claude
Connect Omnilex to search the legal corpus from your AI assistant.