issue-1996-03-13•Federal Register final rules — 1996-03-13
Federal Register final rules — 1996-03-13
issue-1996-03-13Federal Register final rules — 1996-03-13Regulation
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. 96-6029 Food Labeling: Reference Daily Intakes; Correction
[Federal Register Volume 61, Number 50 (Wednesday, March 13, 1996)]
[Rules and Regulations]
[Page 10280]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6029]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
21 CFR Part 101
[Docket No. 90N-0134]
RIN 0910-AA19
Food Labeling: Reference Daily Intakes; Correction
AGENCY: Food and Drug Administration, HHS.
ACTION: Final rule; correction.
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SUMMARY: The Food and Drug Administration (FDA) is correcting a final
rule that appeared in the Federal Register of December 28, 1995 (60 FR
67164). The final rule amended FDA regulations to establish Reference
Daily Intakes (RDI's) for vitamin K, selenium, manganese, chromium,
molybdenum, and chloride, but not for fluoride. The document was
published with some typographical errors. This document corrects those
errors.
EFFECTIVE DATE: January 1, 1997.
FOR FURTHER INFORMATION CONTACT: Camille E. Brewer, Center for Food
Safety and Applied Nutrition (HFS-165), -Food and Drug Administration,
200 C St. SW., Washington, DC 20204, 202-205-5483.
In FR Doc. 95-31197, appearing on page 67164 in the Federal
Register of Thursday, December 28, 1995, the following corrections are
made:
1. On page 67167, in the second column, in lines three, five,
seven, and eight, ``mg'' is corrected to read ``g.''
Sec. 101.36 Corrected
2. On page 67175, in the second column, in Sec. 101.36(b)(3)(ii),
in line fourteen, ``vitamin B6'' is corrected to read ``vitamin
B6'', and ``vitamin B12'' is corrected to read ``vitamin
B12''.
Dated: March 7, 1996.
William K. Hubbard,
Associate Commissioner for Policy Coordination.
[FR Doc. 96-6029 Filed 3-12-96; 8:45 am]
BILLING CODE 4160-01-F
Complete official Federal Register PDF
FR Doc. 96-6022 Amendment of Class E Airspace; Vacaville, CA; Correction
[Federal Register Volume 61, Number 50 (Wednesday, March 13, 1996)]
[Rules and Regulations]
[Page 10271]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6022]
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DEPARTMENT OF TRANSPORTATION
14 CFR Part 71
[Airspace Docket No. 95-AWP-43]
Amendment of Class E Airspace; Vacaville, CA; Correction
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; correction.
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SUMMARY: This action corrects an error in the geographic coordinates of
a final rule that was published in the Federal Register on February 13,
1996 (61 FR 5504), Airspace Docket No. 95-AWP-43. The final rule
revised the description of the Class E airspace at Vacaville, CA.
EFFECTIVE DATE: 0901 UTC April 25, 1996.
FOR FURTHER INFORMATION CONTACT: William Buck, Airspace Specialist,
System Management Branch, AWP-530, Air Traffic Division, Western-
Pacific Region, Federal Aviation Administration, 15000 Aviation
Boulevard, Lawndale, California 90261, telephone (310) 725-6556.
SUPPLEMENTARY INFORMATION:
History
Federal Register Document 96-3175, Airspace Docket No. 95-AWP-43,
published on February 13, 1996 (61 FR 5504), revised the description of
the Class E airspace area at Vacaville, CA. An error was discovered in
the geographic coordinates for the Sacramento VORTAC in the Vacaville,
CA, Class E airspace area. This action corrects that error.
Correction to Final Rule
Accordingly, pursuant to the authority delegated to me, the graphic
coordinates for the Sacramento VORTAC in the Class E airspace area at
Vacaville, CA, as published in the Federal Register on February 13,
1996 (61 FR 5504), (Federal Register Document 96-3175), are corrected
as follows:
Sec. 71.1 [Corrected]
* * * * *
AWP CA E5 Vacaville, CA [Corrected]
On page 5505, in the second column, the geographic coordinates
for the Sacramento VORTAC are corrected as follows:
By removing ``(lat. 38 deg.38'26'' N., long. 121 deg.33'06''
W.)'' and adding ``(lat. 38 deg.26'37'' N., long. 121 deg.33'06''
W.)'' in its place.
* * * * *
Issued in Los Angeles, California, on March 1, 1996.
Harvey R. Riebel,
Acting Manager, Air Traffic Division Western-Pacific Region.
[FR Doc. 96-6022 Filed 3-12-96; 8:45 am]
BILLING CODE 4910-13-M
Complete official Federal Register PDF
FR Doc. 96-6020 Airworthiness Standards; Systems and Equipment Rules Based on European Joint Aviation Requirements
[Federal Register Volume 61, Number 50 (Wednesday, March 13, 1996)]
[Rules and Regulations]
[Pages 10269-10270]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6020]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 23 and 91
[Docket No. 27806, Amendment No. 91-248]
RIN 2120-AE59
Airworthiness Standards; Systems and Equipment Rules Based on
European Joint Aviation Requirements
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule, correction.
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SUMMARY: This document contains a correction to the final rule
correction published in the Federal Register on February 28, 1996 (61
FR 7410). The rule related to systems and equipment rules based on
European joint aviation requirements.
EFFECTIVE DATE: March 11, 1996.
FOR FURTHER INFORMATION CONTACT:
Earsa Tankesley, (816) 426-6932.
Correction of Publication
In the rule document (FR Doc. 96-4559) on page 7410 in the issue of
Wednesday, February 28, 1996, make the following correction: in the
first column, in the correction paragraph, in
[[Page 10270]]
the 4th and 5th lines, ``121-248'' should read ``91-248''.
Issued in Washington, DC on March 6, 1996.
Donald P. Byrne,
Assistant Chief Counsel.
[FR Doc. 96-6020 Filed 3-12-96; 8:45 am]
BILLING CODE 4910-13-M
Complete official Federal Register PDF
FR Doc. 96-6019 Airworthiness Standards; Occupant Protection in Normal and Transport Category Rotorcraft
[Federal Register Volume 61, Number 50 (Wednesday, March 13, 1996)]
[Rules and Regulations]
[Pages 10436-10438]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6019]
[[Page 10435]]
_______________________________________________________________________
Part III
Department of Transportation
_______________________________________________________________________
Federal Aviation Administration
_______________________________________________________________________
14 CFR Parts 27 and 29
Airworthiness Standards; Occupant Protection in Normal and Transport
Category Rotorcraft; Final Rule
Federal Register / Vol. 61, No. 50 / Wednesday, March 13, 1996 /
Rules and Regulations
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[[Page 10436]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 27 and 29
[Docket No. 27681; Amendment No. 27-32, 29-38]
RIN 2120-AE88
Airworthiness Standards; Occupant Protection in Normal and
Transport Category Rotorcraft
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
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SUMMARY: The Federal Aviation Administration (FAA) is amending the
airworthiness standards to improve occupant protection in normal and
transport category rotorcraft. These amended standards significantly
increase the static design ultimate inertial load factors for
restraining heavy items located above or behind the occupied areas
during emergency landings. These increased load factors also apply to
certain cargo and baggage compartments. These amendments further
complement and enhance the standards previously adopted for occupant
restraint and protection in normal and transport category rotorcraft in
the event of a survivable emergency landing.
EFFECTIVE DATE: June 11, 1996.
FOR FURTHER INFORMATION CONTACT:
Mr. Mike Mathias, Regulations Group, Rotorcraft Directorate, Aircraft
Certification Service, FAA, Forth Worth, Texas 76193-0111, telephone
number (817) 222-5110.
SUPPLEMENTARY INFORMATION:
Background
These amendments are based on Notice of Proposed Rulemaking (NPRM)
No. 94-8, which was published in the Federal Register on April 11, 1994
(59 FR 17156). That notice proposed to amend the occupant protection
airworthiness standards of 14 CFR parts 27 and 29 (parts 27 and 29) to
increase the ultimate inertial load factors in Secs. 27.561(c) and
29.561(c) and to add a new 1.5g rearward design load factor to
Secs. 27.561(b) and 29.561(b). The amended standards of Secs. 27.561(c)
and 29.561(c) would apply to restraining heavy items located above and
behind the cabin and other occupied areas against the loads created
during emergency landings; and the amended standards of Secs. 27.561(b)
and 29.561(b) would apply to restraining and protecting occupants and
restraining heavy items in the cabin and other occupied areas against
the loads created during emergency landings. In addition, the amended
standards of Secs. 27.561 (b) and (c) and 29.561 (b) and (c) would
apply to current cargo and baggage compartment standards by their
reference within the text of Secs. 27.787 and 29.787.
The Crash Resistant Fuel Systems (CRFS) in Normal and Transport
Category Rotorcraft Final Rule, Amendments 27-30 and 29-35 (59 FR
50380, October 3, 1994), amended the fuel tank and compartment
standards of Secs. 27.963 and 29.963 (which utilized the inertial
factors contained in Secs. 27.561 and 29.561, respectively) to
specifically state the CRFS inertial factor standards in
Secs. 27.952(b)(2) and 29.952(b)(2). However, the specific inertial
factors adopted in Secs. 27.952(b)(2) and 29.952(b)(2) for fuel tanks
located above or behind the occupied areas are lower than those factors
adopted in these amendments. The FAA will consider whether further
rulemaking is necessary to increase the inertial load factors for CRFS
design in Secs. 27.952(b)(2) and 29.952(b)(2) to the levels of those
adopted in Secs. 27.561(c) and 29.561(c) of these amendments.
In summary, occupant protection will be enhanced through the
increased strength requirements for retention of items of mass, such as
engines, transmissions, and baggage and cargo compartment contents
located above or behind occupied areas. These amended standards stem
from recommendations from the Aviation Rulemaking Advisory Committee
(ARAC) to increase certain design inertial load factors. These amended
standards will complement and enhance the occupant protection standards
adopted by Amendments 27-25 and 29-29 (54 FR 47310, November 13, 1989)
for survivable emergency landings.
Discussion of Comments
Interested persons have been afforded an opportunity to participate
in the making of these amendments. Due consideration has been given to
the comments received from the four commenters. The commenters are the
Civil Aviation Authority (CAA) Australia, the Airline Pilots
Association (ALPA), the Association Europeene des Constructeurs de
Material Aerospatial (AECMA), and the National Transportation Safety
Board (NTSB).
The CAA agrees that increased design inertial load factors are
appropriate but questions the logic in the difference between design
factors for occupant restraint and protection previously adopted for
interior items and the proposed factors for restraint of external
items. This commenter recommends adoption of the larger design inertial
factors found in Secs. 27.561(b) and 29.561(b) applicable to restraint
of occupants and cabin items rather than the factors proposed. The
commenter highlights the differences between the two sets of design
inertial factors.
ALPA supports the proposal but requests that the FAA determine if
the proposed 1.5g rearward inertial factor for seats is sufficient in
light of a possible emergency landing scenario in which the rotorcraft
would itself rotate 180 degrees and cause the seats and occupants to
exceed the 1.5g design inertial load factor.
AECMA notes that publication and prompt adoption of the final rule
as proposed are essential to harmonize these sections of the Federal
Aviation Regulations with the comparable European Joint Aviation
Regulations (JAR) 27 and 29 Rotorcraft Standards.
The NTSB comments that the proposed standards represent a
significant advancement in occupant protection and in crashworthiness
of normal and transport category rotorcraft and supports the proposal.
The FAA acknowledges the CAA's concern with proposed differing
design inertial factors and attempted to address these concerns in the
preamble of Notice No. 94-8 under the heading ``FAA Evaluation of ARAC
Recommendation.'' In addition, the information in Report No. DOT/FAA/
CT-85/11, ``Analysis of Rotorcraft Crash Dynamics for Development of
Improved Crashworthiness Design Criteria,'' June 1985, was the genesis
for the inertial factors contained in a previous amendment to
Secs. 27.561 and 29.561. According to that report, inertial factors for
restraint of external items can safely differ from the factors for
interior items since severe injury due to penetration into the cabin is
not identified as a significant hazard in that earlier report. However,
the increased design inertial factors proposed in Notice 94-8 will
improve both occupant protection from external items and rotorcraft
structural crashworthiness.
The FAA understands ALPA's concern about the adequacy of the 1.5g
rearward load factor in the event of an emergency landing impact in
which the rotorcraft fuselage is either fully or partially reversed for
some time interval during the overall impact sequence. Some cases of
reverse impact could exceed the proposed rearward load factor. However,
FAA research has considered the overall spectrum of reverse impacts and
that research shows that occurrences of severe, sustained reverse
impacts are remote. This
[[Page 10437]]
research also shows that reverse impacts constitute an extremely small
portion of all rotorcraft impacts. In addition, the research shows that
the gravity forces felt by occupants are significantly less in most
reverse impacts because of the larger crushing distances inherent in
most rotorcraft aft fuselage structures and because the reverse
direction of the impact is typically not sustained. Additional fuselage
motion such as tumbling and further rotation usually occur, thus the
full impact is not in a reverse direction. Therefore, the total impact
energy dissipated in a reverse impact is considered minimal. In
addition, the complementary inertial design factors in Secs. 27.561(b)
and 29.561(b), as well as the companion dynamic test standards in
Secs. 27.562 and 29.562, inherently provide strength for occupant
protection in the event of a reverse impact. Therefore, the FAA has
determined that the 1.5g rearward inertial factor is an adequate,
practical safety standard.
In response to AECMA's concern that the publication date of this
final rule correspond to the publication date of the JAR amendment, the
FAA is committed to processing this final harmonized rule so that it
can be published as near as possible to the publication date of the
JAR.
The CAA also recommends application of a 1.33 inertial attachment
factor for litter and berth installations as a logical application of
the seat design standard found in Secs. 27.785(f)(2) and 29.785(f)(2)
but recognizes that this request exceeds the scope of the proposal. The
CAA further recommends a research program to address litter
installations and litter occupant protection. To improve protection of
litter occupants, the FAA anticipates conducting an internal FAA
research program to address litter installations for airplanes and
rotorcraft.
After considering all of the comments, the FAA has determined that
air safety and the public interest require adoption of the amendments
as proposed.
Regulatory Evaluation Summary
Proposed changes to federal regulations must undergo several
economic analyses. First, Executive Order 12866 directs that each
Federal agency shall propose or adopt a regulation only upon a reasoned
determination that the benefits of the intended regulation justify its
costs. Second, the Regulatory Flexibility Act of 1980 requires agencies
to analyze the economic effect of regulatory changes on small entities.
Third, the Office of Management and Budget directs agencies to assess
the effect of regulatory changes on international trade. In conducting
these analyses, the FAA has determined that this rule: (1) Will
generate benefits exceeding its costs and is not significant as defined
in Executive Order 12866; (2) is not significant as defined in DOT's
Policies and Procedures; (3) will not have a significant impact on a
substantial number of small entities; and (4) will not affect
international trade. These analyses, available in the docket, are
summarized below.
Cost-Benefit Analysis
The increased forward, sideward, and downward load factors can be
accommodated without changing current design practices. In many cases,
sizable increases in load factors have been achieved by the use of
larger bolts and/or fasteners and minor reinforcements to attach items
of mass to the rotorcraft structure. The addition of 1.5g rearward load
factors will require no design or production modifications because the
12g and 16g forward load factors of the new and current standards will
inherently result in sufficient structural strength to meet this
rearward requirement.
Consequently, the amendments that add and revise requirements will
impose little or no incremental costs on rotorcraft manufacturers.
Additionally, they will impose no or minimal weight penalties and
operating costs on rotorcraft operators.
Occupant safety will be enhanced by the amendments, but this
enhancement is difficult to quantify. The FAA study, ``Analysis of
Rotorcraft Crash Dynamics for Development of Improved Crashworthiness
Design Criteria'' (Report No. DOT/FAA/CT-85/11, June 1985), identified
separation of items of mass from the rotorcraft structure and
penetration into occupied areas as one of 14 hazards associated with
otherwise survivable rotorcraft accidents. Such occurrences have
resulted in approximately one injury (of at least moderate severity)
per year. The benefits of averting just one such occurrence will more
than offset the negligible costs of the rule. The FAA therefore finds
the rule to be cost-beneficial.
Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980 (RFA) was enacted by
Congress to ensure that small entities are not unnecessarily and
disproportionately burdened by Federal regulations. The RFA requires a
Regulatory Flexibility Analysis if a rule has significant economic
impact on a substantial number of small entities. FAA Order 2100.14A
outlines FAA's procedures and criteria for implementing the RFA. The
FAA has determined that this rule will not have a significant economic
impact on a substantial number of small manufacturers or operators of
rotorcraft because there are no small rotorcraft manufacturers, as that
term is defined in the Order.
International Trade Impact Assessment
This rule will not constitute a barrier to international trade,
including the export of American goods and services to foreign
countries and the import of foreign goods and services into the United
States. Each applicant for a new type certificate for a transport or
normal category rotorcraft, whether the applicant be U.S. or foreign,
will be required to show compliance with this rule. This rule will have
no effect on the sale of U.S. rotorcraft in foreign markets and the
sale of foreign rotorcraft in the United States.
Federalism Implications
The regulations adopted herein will not have substantial direct
effects on the states, on the relationships 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
regulation will not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
Conclusion
For the reasons stated above, including the findings of the
Regulatory Flexibility Determination and the International Trade Impact
Analysis, the FAA has determined that this regulation is not a
significant regulatory action under Executive Order 12866. In addition,
the FAA certifies that this regulation will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act. This rule is not considered
significant under DOT Regulatory Policies and Procedures (44 FR 11034;
February 26, 1979). A regulatory evaluation of this regulation,
including a Regulatory Determination and Trade Impact Analysis, has
been placed in the docket. A copy may be obtained by contacting the
person identified under the section entitled FOR FURTHER INFORMATION
CONTACT.
List of Subjects in 14 CFR Parts 27 and 29
Air transportation, Aircraft, Aviation safety, Rotorcraft, Safety.
[[Page 10438]]
The Amendments
Accordingly, the Federal Aviation Administration amends 14 CFR
parts 27 and 29 of the Federal Aviation Regulations as follows:
PART 27--AIRWORTHINESS STANDARDS: NORMAL CATEGORY ROTORCRAFT
1. The authority citation for part 27 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701-44702, 44704.
2. Section 27.561 is amended by adding new paragraphs (b)(3)(v) and
(c)(5) and by revising paragraphs (c)(2), (c)(3), and (c)(4) to read as
follows:
Sec. 27.561 General.
* * * * *
(b) * * *
(3) * * *
(v) Rearward--1.5g.
(c) * * *
(2) Forward--12g.
(3) Sideward--6g.
(4) Downward--12g.
(5) Rearward--1.5g.
* * * * *
PART 29--AIRWORTHINESS STANDARDS: TRANSPORT CATEGORY ROTORCRAFT
3. The authority citation for part 29 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701-44702, 44704.
4. Section 29.561 is amended by adding new paragraphs (b)(3)(v) and
(c)(5) and by revising paragraphs (c)(2), (c)(3), and (c)(4) to read as
follows:
Sec. 29.561 General.
* * * * *
(b) * * *
(3) * * *
(v) Rearward--1.5g.
(c) * * *
(2) Forward--12g.
(3) Sideward--6g.
(4) Downward--12g.
(5) Rearward--1.5g.
* * * * *
Issued in Washington, DC, on March 8, 1996.
David R. Hinson,
Administrator.
[FR Doc. 96-6019 Filed 3-12-96; 8:45 am]
BILLING CODE 4910-13-M
Complete official Federal Register PDF
FR Doc. 96-6016 Groundfish of the Gulf of Alaska; Pacific Cod for Processing by the Offshore Component
[Federal Register Volume 61, Number 50 (Wednesday, March 13, 1996)]
[Rules and Regulations]
[Pages 10286-10287]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6016]
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DEPARTMENT OF COMMERCE
50 CFR Part 672
[Docket No. 960129018-6018-01; I.D. 030896B]
Groundfish of the Gulf of Alaska; Pacific Cod for Processing by
the Offshore Component
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
[[Page 10287]]
Atmospheric Administration (NOAA), Commerce.
ACTION: Closure.
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SUMMARY: NMFS is closing the directed fishery for Pacific cod for
processing by the offshore component in the Western Regulatory Area of
the Gulf of Alaska (GOA). This action is necessary to prevent exceeding
the allocation of Pacific cod for processing by the offshore component
in the Western Regulatory Area.
EFFECTIVE DATE: 1200 hrs, Alaska local time (A.l.t.), March 9, 1996,
until 2359 hrs, A.l.t., December 31, 1996.
FOR FURTHER INFORMATION CONTACT: Andrew N. Smoker, 907-586-7228.
SUPPLEMENTARY INFORMATION: The groundfish fishery in the GOA exclusive
economic zone is managed by NMFS according to the Fishery Management
Plan for Groundfish of the Gulf of Alaska (FMP) prepared by the North
Pacific Fishery Management Council under authority of the Magnuson
Fishery Conservation and Management Act. Fishing by U.S. vessels is
governed by regulations implementing the FMP at 50 CFR parts 620 and
672.
In accordance with Sec. 672.20(c)(1)(ii)(B), the allocation of
Pacific cod for processing by the offshore component in the Western
Regulatory Area was established by the Final 1996 Harvest
Specifications for Groundfish (61 FR 4304, February 5, 1996) as 1,885
metric tons (mt).
The Director, Alaska Region, NMFS (Regional Director), has
determined, in accordance with Sec. 672.20(c)(2)(ii), that the
allocation of Pacific cod total allowable catch for processing by the
offshore component in the Western Regulatory Area soon will be reached.
The Regional Director established a directed fishing allowance of 1,785
mt, with consideration that 100 mt will be taken as incidental catch in
directed fishing for other species in the Western Regulatory Area. The
Regional Director has determined that the directed fishing allowance
has been reached. Consequently, NMFS is prohibiting directed fishing
for Pacific cod by vessels catching Pacific cod for processing by the
offshore component in the Western Regulatory Area.
Maximum retainable bycatch amounts for applicable gear types may be
found in the regulations at Sec. 672.20(g).
Classification
This action is taken under 50 CFR 672.20 and is exempt from review
under E.O. 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 8, 1996.
Richard W. Surdi,
Acting Director, Office of Fisheries Conservation and Management,
National Marine Fisheries Service.
[FR Doc. 96-6016 Filed 3-8-96; 2:16 pm]
BILLING CODE 3510-22-F
Complete official Federal Register PDF
FR Doc. 96-6014 Groundfish of the Bering Sea and Aleutian Islands Area; Inshore Component Pollock in the Aleutian Islands Subarea
[Federal Register Volume 61, Number 50 (Wednesday, March 13, 1996)]
[Rules and Regulations]
[Page 10287]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6014]
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DEPARTMENT OF COMMERCE
50 CFR Part 675
[Docket No. 960129019-6019-01; I.D. 030796E]
Groundfish of the Bering Sea and Aleutian Islands Area; Inshore
Component Pollock in the Aleutian Islands Subarea
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Closure.
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SUMMARY: NMFS is prohibiting directed fishing for pollock by vessels
catching pollock for processing by the inshore component in the
Aleutian Islands subarea (AI) of the Bering Sea and Aleutian Islands
management area (BSAI). This action is necessary to prevent exceeding
the first allowance of the pollock total allowable catch (TAC) for
vessels catching pollock for processing by the inshore component in the
AI.
EFFECTIVE DATE: 12 noon, Alaska local time (A.l.t.), March 10, 1996,
until 12 noon, A.l.t., April 15, 1996.
FOR FURTHER INFORMATION CONTACT: Mary Furuness, 907-586-7228.
SUPPLEMENTARY INFORMATION: The groundfish fishery in the BSAI exclusive
economic zone is managed by NMFS according to the Fishery Management
Plan for the Groundfish Fishery of the Bering Sea and Aleutian Islands
Area (FMP) prepared by the North Pacific Fishery Management Council
under authority of the Magnuson Fishery Conservation and Management
Act. Fishing by U.S. vessels is governed by regulations implementing
the FMP at 50 CFR parts 620 and 675.
In accordance with Sec. 675.20(a)(7)(ii), the first allowance of
pollock for the inshore component in the AI was established by the
Final 1996 Harvest Specifications of Groundfish (61 FR 4311, February
5, 1996) as 10,591 metric tons (mt).
The Director, Alaska Region, NMFS (Regional Director), has
determined in accordance with Sec. 675.20(a)(8), that the first
allowance of pollock TAC for vessels catching pollock for processing by
the inshore component in the AI soon will be reached. Therefore, the
Regional Director has established a directed fishing allowance of
10,091 mt with consideration that 500 mt will be taken as incidental
catch in directed fishing for other species in the AI. Consequently,
NMFS is prohibiting directed fishing for pollock by vessels catching
pollock for processing by the inshore component in the AI. This closure
is effective noon, A.l.t., March 10, 1996, through noon, A.l.t., April
15, 1996. Under Sec. 675.20(a)(2)(ii), the second allowance is
available from noon, A.l.t., August 15 through the end of the fishing
year.
Maximum retainable bycatch amounts for applicable gear types may be
found in the regulations at Sec. 675.20(h).
Classification
This action is taken under Sec. 675.20 and is exempt from review
under E.O. 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 8, 1996.
Richard W. Surdi,
Acting Director, Office of Fisheries Conservation and Management,
National Marine Fisheries Service.
[FR Doc. 96-6014 Filed 3-8-96; 2:16 pm]
BILLING CODE 3510-22-P
Complete official Federal Register PDF
FR Doc. 96-6000 Defense Federal Acquisition Regulation Supplement; Justification and Approval Thresholds
[Federal Register Volume 61, Number 50 (Wednesday, March 13, 1996)]
[Rules and Regulations]
[Page 10285]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6000]
=======================================================================
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DEPARTMENT OF DEFENSE
48 CFR Part 206
Defense Federal Acquisition Regulation Supplement; Justification
and Approval Thresholds
AGENCY: Department of Defense (DoD).
ACTION: Final rule.
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SUMMARY: The Department of Defense is amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to revise procedures
pertaining to approval for the use of other than full and open
competition in the acquisition process.
EFFECTIVE DATE: April 12, 1996.
FOR FURTHER INFORMATION CONTACT: Rick Layser, OUSD (A&T) DP (DAR), IMD
3D139, 3062 Defense Pentagon, Washington DC 20301-3062, Telephone (703)
602-0131. Telefax (703) 602-0350. Please cite DFARS Case 96-D307.
SUPPLEMENTARY INFORMATION:
A. Background
Section 4102 of the FY 1996 Defense Authorization Act (Public Law
104-106) amends 10 U.S.C. 2304(f)(1)(B) and 41 U.S.C. 253(f)(1)(B) to
raise the dollar thresholds at which approval for the use of other than
full and open competition must be obtained from the competition
advocate, the head of the procuring activity, or the senior procurement
executive. Section 4102 provides for approval of the justification for
other than full and open competition by (1) the competition advocate,
for proposed contracts over $500,000 but not exceeding $10,000,000; (2)
the head of the procuring activity, or designee, for proposed contracts
over $10,000,000 but not exceeding $50,000,000; and (3) the senior
procurement executive, for proposed contracts over $50,000,000. The
Director of Defense Procurement has authorized a class deviation from
section 6.304 of the Federal Acquisition Regulation to reflect the
revised approval thresholds. This corresponding DFARS rule revises
procedures for approval of justifications for proposed contracts over
$50,000,000.
B. Regulatory Flexibility Act
The rule does not constitute a significant DFARS revision within
the meaning of FAR 1.501 and Public Law 98-577 and publication for
comment is not required. Therefore, the Regulatory Flexibility Act does
not apply. However, comments from small entities concerning the
affected DFARS Subpart will be considered in accordance with 5 U.S.C.
610. Such comments should cite DFARS Case 96-D307 in correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because this final rule
does not impose any new recordkeeping, information collection
requirements, or collections of information from offerors, contractors,
or members of the public which require the approval of OMB under 44
U.S.C. 3501, et seq.
List of Subjects in 48 CFR Part 206
Government procurement.
Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council.
Therefore, 48 CFR Part 206 is amended as follows:
PART 206--COMPETITION REQUIREMENTS
1. The authority citation for 48 CFR Part 206 continues to read as
follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
2. Section 206.304 is revised to read as follows:
206.304 Approval of the justification.
(a)(4) The Under Secretary of Defense (Acquisition & Technology)
may delegate this authority to--
(A) An Assistant Secretary of Defense; or
(B) For a defense agency, an officer or employee serving in,
assigned, or detailed to that agency who--
(1) If a member of the armed forces, is serving in a rank above
brigadier general or rear admiral (lower half); or
(2) If a civilian, is serving in a position with a grade under the
General Schedule (or any other schedule for civilian officers or
employees) that is comparable to or higher than rear admiral.
[FR Doc. 96-6000 Filed 3-12-96; 8:45 am]
BILLING CODE 5000-04-M
Complete official Federal Register PDF
FR Doc. 96-5989 Streamlining Interstate Land Sales, Manufactured Housing Construction and Safety Standards, and Real Estate Settlement Procedures Act ProgramsInvestigations
[Federal Register Volume 61, Number 50 (Wednesday, March 13, 1996)]
[Rules and Regulations]
[Pages 10440-10442]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5989]
[[Page 10439]]
_______________________________________________________________________
Part IV
Department of Housing and Urban Development
_______________________________________________________________________
24 CFR Part 1720 et al.
Streamlining Interstate Land Sales, Manufactured Housing Construction
and Safety, and Real Estate Settlement Procedures Act Programs--
Investigations; Final Rule
Federal Register / Vol. 61, No. 50 / Wednesday, March 13, 1996 /
Rules and Regulations
[[Page 10440]]
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of the Assistant Secretary for Housing-Federal Housing
Commissioner
24 CFR Parts 1720, 3282, 3500, and 3800
[Docket No. FR-4026-F-01]
RIN 2502-AG71
Streamlining Interstate Land Sales, Manufactured Housing
Construction and Safety Standards, and Real Estate Settlement
Procedures Act Programs--Investigations
AGENCY: Office of the Assistant Secretary for Housing-Federal Housing
Commissioner, HUD.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule amends HUD's regulations for three consumer
protection regulatory programs by consolidating and streamlining the
provisions relating to investigations. These programs, over which the
Secretary has investigative authority, are Interstate Land Sales, the
Real Estate Settlement Procedures Act, and Manufactured Housing
Construction and Safety Standards, which are now reorganized under one
office, the Office of Consumer and Regulatory Affairs (hereafter
collectively referred to as ``consumer regulatory programs''). In an
effort to comply with the President's regulatory reform initiatives,
this rule will streamline the regulations of these consumer regulatory
programs by eliminating provisions that are redundant or are otherwise
unnecessary. This final rule will make the consumer regulatory program
regulations clear and concise.
EFFECTIVE DATE: April 12, 1996.
FOR FURTHER INFORMATION CONTACT: Rebecca Holtz, Attorney, Room 9253,
Department of Housing and Urban Development, 451 Seventh Street, SW.,
Washington, DC 20410, telephone number (202) 708-3088 (this is not a
toll-free number). For hearing- and speech-impaired persons, this
number may be accessed via TDD by calling the Federal Information Relay
Service at 1-800-877-8339.
SUPPLEMENTARY INFORMATION: On March 4, 1995, President Clinton issued a
memorandum to all Federal departments and agencies regarding regulatory
reinvention. In response to this memorandum, the Department of Housing
and Urban Development conducted a page-by-page review of its
regulations to determine which can be eliminated, consolidated, or
otherwise improved. HUD has determined that the regulations for three
consumer protection regulatory programs--Interstate Land Sales, RESPA,
and Manufactured Housing Construction and Safety Standards--can be
improved and streamlined by consolidating similar provisions relating
to investigations and eliminating unnecessary provisions. This rule
includes these streamlined provisions in a new part 3800 of the
Department's regulations. The consolidation of these provisions will
simplify compliance with and understanding of the requirements and
rights in investigations under these programs.
Several provisions in the regulations repeat statutory language
from the Interstate Land Sales Full Disclosure Act, the National
Manufactured Housing Construction and Safety Standards Act of 1974, and
the Real Estate Settlement Procedures Act of 1974. It is unnecessary to
maintain statutory requirements in the Code of Federal Regulations
(CFR), since those requirements are otherwise fully accessible and
binding. Furthermore, if regulations contain statutory language, HUD
must amend the regulations whenever Congress amends the statute.
Therefore, this final rule will remove repetitious statutory language
and replace it with a citation to the specific statutory section for
easy reference.
Other provisions in the regulations apply to more than one program,
and HUD repeated these provisions in different subparts. This
repetition is unnecessary, and updating these scattered provisions is
cumbersome, often creating confusion. Therefore, this final rule
consolidates these duplicative provisions, maintaining appropriate
cross-references for the reader's convenience. The rule also makes
conforming changes in parts 1720, 3282, and 3500 of title 24, to
reference the new part 3800.
Lastly, some provisions in the regulations are not regulatory
requirements. For example, several sections in the regulations contain
nonbinding guidance or explanations. While this information is very
helpful to recipients, HUD will appropriately provide this information
through handbook guidance or other materials rather than maintain it in
the CFR.
Justification for Final Rulemaking
HUD generally publishes a rule for public comment before issuing a
rule for effect, in accordance with its own regulations on rulemaking
in 24 CFR part 10. However, part 10 provides for exceptions to the
general rule if the agency finds good cause to omit advance notice and
public participation. The good cause requirement is satisfied when
prior public procedure is ``impracticable, unnecessary, or contrary to
the public interest'' (24 CFR 10.1). HUD finds that good cause exists
to publish this rule for effect without first soliciting public
comment. This rule consolidates similar requirements and removes
unnecessary regulatory provisions; it does not make substantive changes
in the program regulations. Therefore, prior public comment is
unnecessary.
Other Matters
Regulatory Flexibility Act
The Secretary, in accordance with the Regulatory Flexibility Act (5
U.S.C. 605(b)), has reviewed and approved this final rule, and in so
doing certifies that this rule will not have a significant economic
impact on a substantial number of small entities. This rule merely
streamlines regulations by removing unnecessary provisions. The rule
will have no adverse or disproportionate economic impact on small
businesses.
Environmental Impact
This rulemaking does not have an environmental impact. This
rulemaking simply amends an existing regulation by consolidating and
streamlining provisions and does not alter the environmental effect of
the regulations being amended. A Finding of No Significant Impact with
respect to the environment was made in accordance with HUD regulations
in 24 CFR part 50 that implement section 102(2)(C) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332) at the time of
development of regulations implementing the consumer regulatory
programs. That finding remains applicable to this rule and is available
for public inspection between 7:30 a.m. and 5:30 p.m. weekdays in the
Office of the Rules Docket Clerk, Office of General Counsel, Room
10276, Department of Housing and Urban Development, 451 Seventh Street,
SW, Washington, DC.
Executive Order 12612, Federalism
The General Counsel, as the Designated Official under section 6(a)
of Executive Order 12612, Federalism, has determined that this rule
will not have substantial direct effects on States or their political
subdivisions, or the relationship between the Federal government and
the States, or on the distribution of power and responsibilities among
the various
[[Page 10441]]
levels of government. No programmatic or policy changes will result
from this rule that would affect the relationship between the Federal
Government and State and local governments.
Executive Order 12606, The Family
The General Counsel, as the Designated Official under Executive
Order 12606, The Family, has determined that this rule will not have
the potential for significant impact on family formation, maintenance,
or general well-being, and thus is not subject to review under the
Order. No significant change in existing HUD policies or programs will
result from promulgation of this rule.
The Catalog of Federal Domestic Assistance program numbers are
14.168 and 14.171.
List of Subjects
24 CFR Part 1720
Administrative practice and procedure.
24 CFR Part 3282
Administrative practice and procedure, Consumer protection,
Intergovernmental relations, Investigations, Manufactured homes,
Reporting and recordkeeping requirements, Warranties.
24 CFR Part 3500
Consumer protection, Condominiums, Housing, Mortgages, Mortgage
servicing, Reporting and recordkeeping requirements.
24 CFR Part 3800
Administrative practice and procedure, Consumer protection,
Investigations, Manufactured homes, Mortgages, Mortgage servicing,
Reporting and recordkeeping requirements.
For the reasons set out in the preamble, under the authority of 42
U.S.C. 3535(d), title 24 of the Code of Federal Regulations is amended
by adding a new part 3800, and by amending parts 1720, 3282, and 3500,
as follows:
1. A new part 3800 is added to read as follows:
PART 3800--INVESTIGATIONS IN CONSUMER REGULATORY PROGRAMS
Sec.
3800.10 Scope of rules.
3800.20 Subpoenas in investigations.
3800.30 Subpoena enforcement in district court.
3800.40 Investigational proceedings.
3800.50 Rights of witnesses in investigational proceedings.
3800.60 Settlements.
Authority: 12 U.S.C. 2601 et seq.; 15 U.S.C. 1714; 42 U.S.C.
3535(d) and 5413.
Sec. 3800.10 Scope of rules.
This part applies to investigations and investigational proceedings
undertaken by the Secretary, or the Secretary's designee, pursuant to
the following:
(a) The Interstate Land Sales Full Disclosure Act, 15 U.S.C. 1701
et seq.;
(b) The National Manufactured Housing Construction and Safety
Standards Act of 1974, 42 U.S.C. 5401 et seq.; and
(c) The Real Estate Settlement Procedures Act of 1974, 12 U.S.C.
2601 et seq.
Sec. 3800.20 Subpoenas in investigations.
(a) The Secretary may issue subpoenas relating to any matter under
investigation. A subpoena may:
(1) Require testimony to be taken by interrogatories;
(2) Require the attendance and testimony of witnesses at a specific
time and place;
(3) Require access to, examination of, and the right to copy
documents; and
(4) Require the production of documents at a specific time and
place.
(b) A subpoenaed person may petition the Secretary or the
Secretary's designee to modify or withdraw a subpoena by filing the
petition within 10 days after service of the subpoena. The petition may
be in letter form, but must set forth the facts and law upon which the
petition is based.
Sec. 3800.30 Subpoena enforcement in district court.
In the case of contumacy of a witness or a witness's refusal to
obey a subpoena or order of the Secretary, the United States district
court for the jurisdiction in which an investigation is carried on may
issue an order requiring compliance with the subpoena. HUD headquarters
in Washington, D.C., is one of the locations in which the Secretary
carries on investigations of its consumer regulatory programs.
Sec. 3800.40 Investigational proceedings.
(a) For the purpose of hearing the testimony of witnesses and
receiving documents and other data relating to any subject under
investigation, the Secretary, or the Secretary's designee, may conduct
an investigational proceeding.
(b) The Secretary, or the Secretary's designee, (``presiding
official'') shall preside over the investigational proceeding. The
proceeding shall be stenographically or mechanically reported. A
transcript shall be a part of the record of the investigation.
(c) Unless the presiding official determines otherwise,
investigational proceedings shall be public.
(d) The presiding official shall take all necessary action to
regulate the course of the proceeding to avoid delay and to maintain
order. If necessary to maintain order, the presiding official may
exclude a witness or counsel from a proceeding. The Department may also
take further action as permitted by statute.
Sec. 3800.50 Rights of witnesses in investigational proceedings.
(a) Any person who testifies at a public investigational proceeding
shall be entitled, on payment of costs, to purchase a copy of a
transcript of the testimony the person provided.
(b) In a nonpublic investigational proceeding, the presiding
official may for good cause limit a witness to an inspection of the
official transcript of that witness's testimony.
(c) Any person subpoenaed to appear at an investigational
proceeding may be represented by counsel as follows:
(1) With respect to any question asked of a witness, a witness may
obtain confidential advice from counsel;
(2) If a witness refuses to answer a question, counsel for the
witness may briefly state the legal grounds for the refusal;
(3) Counsel for the witness may object to a question or a request
for production of documents that is beyond the scope of the
investigation or for which a privilege of the witness to refuse to
answer may be invoked. In so doing, counsel for the witness may state
briefly the grounds for the objection. Objections will be deemed
continuing throughout the course of the proceeding. Repetitious or
cumulative statements of an objection or the grounds for an objection
are unnecessary and impermissible; and
(4) After the Department's examination of a witness, counsel for
the witness may request that the witness be permitted to clarify any
answers to correct any ambiguity, equivocation, or incompleteness in
the witness's testimony. The decision to grant or deny this request is
within the sole discretion of the presiding official.
Sec. 3800.60 Settlements.
(a) At any time during an investigation, the Department and the
parties subject to an investigation may conduct settlement
negotiations.
(b) When the Secretary or Secretary's designee deems it
appropriate, the Department may enter into a settlement agreement.
[[Page 10442]]
PART 1720--FORMAL PROCEDURES AND RULES OF PRACTICE
1a. The authority citation for part 1720 is revised to read as
follows:
Authority: 15 U.S.C. 1718; 42 U.S.C. 3535(d).
Subpart A--Rules and Rule Making
2. Section 1720.10 is revised to read as follows:
Sec. 1720.10 Investigations and Conferences.
(a) In connection with a rulemaking proceeding, the Secretary may
conduct such investigations, make such studies, and hold such
conferences as are necessary. Investigations in connection with a
rulemaking may be conducted in accordance with the general
investigatory procedures under part 3800 of this chapter.
(b) At any such conferences, interested persons may appear to
express views and suggest amendments relative to proposed rules.
Subpart C--[Removed and Reserved]
3. Subpart C, consisting of Secs. 1720.45 through 1720.95, is
removed and reserved.
PART 3282--MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS
4. The authority citation for part 3282 continues to read as
follows:
Authority: 42 U.S.C. 3535(d) and 5424.
Subpart A--General
5. Section 3282.1(b) is amended by adding at the end a new
sentence, to read as follows:
Sec. 3282.1 Scope and purpose.
* * * * *
(b) * * * The procedures for investigations and investigational
proceedings are set forth in 24 CFR part 3800.
Subpart D--Informal and Formal Presentations of Views, Hearings and
Investigations
6. Section 3282.151 is amended by revising paragraph (a); removing
paragraph (c), and redesignating paragraphs (d) and (e) as paragraphs
(c) and (d), respectively, to read as follows:
Sec. 3282.151 Applicability and scope.
(a) This subpart sets out procedures to be followed when an
opportunity to present views provided for in the Act is requested by an
appropriate party. Section 3282.152 provides for two types of
procedures that may be followed, one informal and nonadversary, and one
more formal and adversary. Section 3282.152 also sets out criteria to
govern which type of procedure will be followed in particular cases.
* * * * *
7. Section 3282.155 is revised to read as follows:
Sec. 3282.155 Investigations.
The procedures for investigations and investigational proceedings
are set forth in part 3800 of this chapter.
PART 3500--REAL ESTATE SETTLEMENT PROCEDURES ACT
8. The authority citation for part 3500 is revised to read as
follows:
Authority: 12 U.S.C. 2601 et seq.; 42 U.S.C. 3535(d).
9. Section 3500.19 is amended by adding a new paragraph (e) to read
as follows:
Sec. 3500.19 Enforcement.
* * * * *
(e) Investigations. The procedures for investigations and
investigational proceedings are set forth in 24 CFR part 3800.
Sec. 3500.20 [Removed and Reserved]
10. Section 3500.20 is removed and reserved.
Dated: February 22, 1996.
Stephanie A. Smith,
Acting General Deputy, Assistant Secretary for Housing--Federal Housing
Commissioner.
[FR Doc. 96-5989 Filed 3-12-96; 8:45 am]
BILLING CODE 4210-27-P
Complete official Federal Register PDF
FR Doc. 96-5986 3,5-Dichloro-N-(1,1-Dimethyl-2-Propynyl)Benzamide; Pesticide Tolerances
[Federal Register Volume 61, Number 50 (Wednesday, March 13, 1996)]
[Rules and Regulations]
[Pages 10282-10284]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5986]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[OPP-300402A; FRL-4993-3]
RIN 2070-AB78
3,5-Dichloro-N-(1,1-Dimethyl-2-Propynyl)Benzamide; Pesticide
Tolerances
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA has completed the reregistration process and issued a
Reregistration Eligibility Decision (RED) document for the pesticide
3,5-dichloro-N-(1,1-dimethyl-2-propynyl)benzamide, also known as
pronamide. In the reregistration process, all information to support a
pesticide's continued registration is reviewed for adequacy and, when
needed, supplemented with new scientific studies. Based on the RED
tolerance assessments for the pesticide chemical subject to this rule,
EPA is issuing the following tolerance actions: to delete individual
tolerances and establish crop-grouping tolerances, raise some
tolerances and lower others, amend an incorrectly listed tolerance, and
modify the statment under 40 CFR 180.317 for the pesticide pronamide.
EFFECTIVE DATE: This regulation becomes effective March 13, 1996.
ADDRESSES: Written objections and hearing requests, identified by the
document control number, [OPP-300402A], may be submitted to: Hearing
Clerk (1900), Environmental Protection Agency, Rm. M3708, 401 M St.,
SW., Washington, DC 20460. A copy of any objections and hearing
requests filed with the Hearing Clerk should be identified by the
document control number and submitted to: Public Response and Program
Resources Branch, Field Operations Division (7506C), Office of
Pesticide Programs, Environmental Protection Agency, 401 M St., SW.,
Washington, DC 20460. In person, bring copy of objections and hearing
requests to Rm. 1132, CM #2, 1921 Jefferson Davis Hwy., Arlington, VA
22202. Fees accompanying objections shall be labeled ``Tolerance
Petition Fees'' and forwarded to: EPA Headquarters Accounting
Operations Branch, OPP (Tolerance Fees), P.O. Box 360277M, Pittsburgh,
PA 15251. An electronic copy of objections and hearing requests filed
with the Hearing Clerk may be submitted to OPP by sending electronic
mail (e-mail) to:[email protected].
Copies of electronic objections and hearing requests must be
submitted as an ASCII file avoiding the use of special characters and
any form of encryption. Copies of electronic objections and hearing
requests will also be accepted on disks in WordPerfect 5.1 file format
or ASCII file format. All copies of electronic objections and hearing
requests must be identified by the docket number [OPP-300402A]. No
Confidential Business Information (CBI) should be submitted through e-
mail. Copies of electronic objections and hearing requests on this rule
may be filed online at many Federal Depository Libraries. Additional
information on electronic submissions can be found below in this
document.
FOR FURTHER INFORMATION CONTACT:By mail: Philip Poli, (703)-308-8038;
e-mail: [email protected]. By mail: Special Review and
Reregistration Division (7508W), Environmental Protection Agency, 401 M
St., SW., Washington, DC 20460. Office location: Special Review Branch,
Crystal Station #1, 3rd Floor, 2800 Crystal Drive, Arlington, VA 22202.
SUPPLEMENTARY INFORMATION: EPA issued a proposed rule, published in the
Federal Register of November 15, 1995 (60 FR 57379), which announced
that based on a Reregistration Eligibility Decision (RED) for the
pesticide 3,5-dichloro-N-(1,1-dimethyl-2-propynyl)benzamide, also known
as pronamide, the Agency intended to revise 40 CFR 180.317 to delete
individual tolerances and establish crop-grouping tolerances (as
described in 40 CFR 180.34), raise some tolerances
[[Page 10283]]
and lower others, amend an incorrectly listed tolerance (for sheep
meat), and modify the tolerance expression for pronamide to clarify
which metabolites are determined by the enforcement methods and are
included in the tolerance expression.
The following comments were received by the Agency in response to
the proposed rule published in the Federal Register of November 15,
1995 (60 FR 57379):
1. Oral comments by the Interregional Project No. 4 (IR-4). The
Interregional Project No. 4 (IR-4) requested that the Agency
acknowledge that IR-4 petitioned EPA for tolerances for pronamide on
stone fruits and nongrass animal feeds. IR-4 wanted it to be known that
at the time the tolerances were being proposed in the Federal Register
of November 15, 1995, IR-4 tolerance petitions for the stone fruits and
nongrass animal feed crop groups were pending with the Agency.
Agency response. The Agency proposed these and other tolerance
actions for pronamide in the Federal Register of November 15, 1995 (60
FR 57379). This final rule endorses both petition 3E4190, which was
submitted by IR-4 on behalf of the agricultural experiment station of
Washington State, and petition 5E4525 submitted by IR-4 on behalf of
the agricultural experiment station of Oregon State.
2. Comments from Rohm and Haas Company. A comment was received by
the Agency from Rohm and Haas Company concerning the addition of
radicchio greens (tops) to the list of approved commodities specified
in the proposed Federal Register notice of November 15, 1995 (60 FR
57379).
Agency response. In the Federal Register of October 26, 1994 (59 FR
53771), EPA issued a proposed rule that gave notice that the
Interregional Research Project No. 4 (IR-4) had submitted pesticide
petition PP 0E3907 to EPA on behalf of the agricultural experiment
station of California. The petition requested that EPA approve
pronamide and its metabolites for use in or on the raw agricultural
commodity radicchio greens (tops) at 2.0 parts per million (ppm). This
regulation became effective with the publication of the Federal
Register notice of January 25, 1995 (60 FR 4862). Therefore,
``radicchio'' greens (tops) at a tolerance of 2.0 ppm will be added
alphabetically into the list of commodities at 40 CFR 180.317(a).
The data considered with the proposal and other relevant material
have been evaluated and discussed in the proposed rule. Based on the
data and information considered, the Agency concludes that the
tolerances will protect the public health. Therefore, the tolerances
are established as set forth below.
Any person adversely affected by this regulation may, within 30
days after publication of this document in the Federal Register, file
written objections to the regulation and may also request a hearing on
those objections. Objections and hearing requests must be filed with
the Hearing Clerk, at the address given above (40 CFR 178.20). A copy
of the objections and/or hearing requests filed with the Hearing Clerk
should be submitted to the OPP docket for this rulemaking. The
objections submitted must specify the provisions of the regulation
deemed objectionable and the grounds for the objections (40 CFR
178.25). Each objection must be accompanied by the fee prescribed by 40
CFR 180.33(i). If a hearing is requested, the objections must include a
statement of the factual issue(s) on which a hearing is requested, the
requestor's contentions on such issues, and a summary of any evidence
relied upon by the objector (40 CFR 178.27). A request for a hearing
will be granted if the Administrator determines that the material
submitted shows the following: There is genuine and substantial issue
of fact; there is a reasonable possibility that available evidence
identified by the requestor would, if established, resolve one or more
of such issues in favor of the requestor, taking into account
uncontested claims or facts to the contrary; and resolution of the
factual issue(s) in the manner sought by the requestor would be
adequate to justify the action requested (40 CFR 178.32).
EPA has established a record for this rulemaking under docket
number [OPP-300402A] (including any comments and data submitted
electronically). A public version of this record, including printed,
paper versions of electronic comments, which does not include any
information claimed as CBI, is available for inspection from 8 a.m. to
4:30 p.m., Monday through Friday, excluding legal holidays. The public
record is located in Room 1132 of the Public Response and Program
Resources Branch, Field Operations Division (7506C), Office of
Pesticide Programs, Environmental Protection Agency, Crystal Mall #2,
1921 Jefferson Davis Highway, Arlington, VA.
Electronic comments may be sent directly to EPA at:
[email protected].
Electronic comments must be submitted as an ASCII file avoiding the
use of special characters and any form of encryption.
The official record for this rulemaking, as well as the public
version, as described above will be kept in paper form. Accordingly,
EPA will transfer any copies of objections and hearing requests
received electronically into printed, paper form as they are received
and will place the paper copies in the official rulemaking record which
will also include all comments submitted directly in writing. The
official rulemaking record is the paper record maintained at the
address in ``ADDRESSES'' at the beginning of this document.
Under Executive Order 12866 (58 FR 51735, October 4, 1993), the
Agency must determine whether the regulatory action is ``significant''
and therefore subject to all the requirements of the Executive Order
(i.e., Regulatory Impact Analysis, review by the Office of Management
and Budget (OMB)). Under section 3(f), the order defines
``significant'' as those actions likely to lead to a rule (1) having an
annual effect on the economy of $100 million or more, or adversely and
materially affecting a sector of the economy, productivity,
competition, jobs, the environment, public health or safety, or State,
local or tribal governments or communities (also known as
``economically significant''); (2) creating serious inconsistency or
otherwise interfering with an action taken or planned by another
agency; (3) materially altering the budgetary impacts of entitlement,
grants, user fees, or loan programs; or (4) raising novel legal or
policy issues arising out of legal mandates, the President's
priorities, or the principles set forth in this Executive Order.
Pursuant to the terms of this Executive Order, EPA has determined
that this rule is not ``significant'' and is therefore not subject to
OMB review.
Pursuant to the requirements of the Regulatory Flexibility Act
(Pub. L. 96-354, 94 Stat. 1164, 5 U.S.C. 601-612), the Administrator
has determined that regulations establishing new tolerances or raising
tolerance levels or establishing exemptions from tolerance requirements
do not have a significant economic impact on a substantial number of
small entities. A certification statement to this effect was published
in the Federal Register of May 4, 1981 (46 FR 24950).
List of Subjects in 40 CFR Part 180
Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.
[[Page 10284]]
Dated: March 5, 1996.
Richard D. Schmitt,
Acting Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
Therefore, 40 CFR part 180 is amended as follows:
PART 180--[AMENDED]
1. The authority citation for part 180 continues to read as
follows:
Authority: 21 U.S.C. 346a and 371.
2. By revising Sec. 180.317, to read as follows:
Sec. 180.317 3,5-Dichloro-N-(1,1-dimethyl-2-propynyl)benzamide;
tolerances for residues.
(a) Tolerances are established for combined residue of the
herbicide 3,5-dichloro-N-(1,1-dimethyl-2-propynyl)benzamide and its
metabolites (containing the 3,5-dichlorobenzoyl moiety and calculated
as 3,5-dichloro-N-(1,1-dimethyl-2-propynyl)benzamide) in or on the
following raw agricultural commodities:
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Apples....................................................... 0.1
Artichokes................................................... 0.1
Blackberries................................................. 0.05
Blueberries.................................................. 0.05
Boysenberries................................................ 0.05
Cattle, fat.................................................. 0.02
Cattle, kidney............................................... 0.4
Cattle, liver................................................ 0.4
Cattle, mbyp (except kidney, liver).......................... 0.02
Cattle, meat................................................. 0.02
Eggs......................................................... 0.02
Endive (escarole)............................................ 1.0
Goats, fat................................................... 0.02
Goats, kidney................................................ 0.4
Goats, liver................................................. 0.4
Goats, mbyp (except kidney, liver)........................... 0.02
Goats, meat.................................................. 0.02
Grapes....................................................... 0.1
Hogs, fat.................................................... 0.02
Hogs, kidney................................................. 0.4
Hogs, liver.................................................. 0.4
Hogs, mbyp (except kidney, liver)............................ 0.02
Hogs, meat................................................... 0.02
Horses, fat.................................................. 0.02
Horses, kidney............................................... 0.4
Horses, liver................................................ 0.4
Horses, mbyp (except kidney, liver).......................... 0.02
Horses, meat................................................. 0.02
Lettuce...................................................... 1.0
Milk......................................................... 0.02
Nongrass animal feeds........................................ 10.0
Pears........................................................ 0.1
Poultry, fat................................................. 0.02
Poultry, kidney.............................................. 0.2
Poultry, liver............................................... 0.2
Poultry, mbyp (except kidney, liver)......................... 0.02
Poultry, meat................................................ 0.02
Radicchio, greens (tops)..................................... 2.0
Raspberries.................................................. 0.05
Sheep, fat................................................... 0.02
Sheep, kidney................................................ 0.4
Sheep, liver................................................. 0.4
Sheep, mbyp (except kidney, liver)........................... 0.02
Sheep, meat.................................................. 0.02
Stone fruits................................................. 0.1
------------------------------------------------------------------------
(b) Tolerances with regional registration are established for the
combined residues of the herbicide 3,5-dichloro-N-(1,1-dimethyl-2-
propynyl)benzamide and its metabolites (containing the 3,5
dichlorobenzoyl moiety and calculated as 3,5-dichloro-N-(1,1-dimethyl-
2-propynyl)benzamide) in or on the following raw agricultural
commodities:
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Peas, dried (winter)........................................ 0.05
Rhubarb..................................................... 0.1
------------------------------------------------------------------------
[FR Doc. 96-5986 Filed 3-12-96; 8:45 am]
BILLING CODE 6560-50-F
Complete official Federal Register PDF
FR Doc. 96-5981 Specifically Approved States Authorized to Receive Mares and Stallions Imported From Countries Where CEM Exists
[Federal Register Volume 61, Number 50 (Wednesday, March 13, 1996)]
[Rules and Regulations]
[Page 10269]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5981]
========================================================================
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. 50 / Wednesday, March 13, 1996 /
Rules and Regulations
[[Page 10269]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 92
[Docket No. 95-092-2]
Specifically Approved States Authorized to Receive Mares and
Stallions Imported From Countries Where CEM Exists
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Direct final rule; confirmation of effective date.
-----------------------------------------------------------------------
SUMMARY: On January 23, 1996, the Animal and Plant Health Inspection
Service published a direct final rule. (See 61 FR 1697-1699, Docket No.
95-092-1). The direct final rule notified the public of our intention
to amend the animal importation regulations by adding Alabama and North
Carolina to the list of States approved to receive certain mares
imported into the United States from countries affected with contagious
equine metritis (CEM). We are also adding Alabama to the list of States
approved to receive certain stallions imported into the United States
from countries affected with CEM. We did not receive any written
adverse comments or written notice of intent to submit adverse comments
in response to the direct final rule.
EFFECTIVE DATE: The effective date of the direct final rule is
confirmed as: March 25, 1996.
FOR FURTHER INFORMATION CONTACT:
Dr. David Vogt, Senior Staff Veterinarian, Import/Export Animals,
National Center for Import and Export, VS, APHIS, Suite 3B05, 4700
River Road Unit 39, Riverdale, MD 20737-1231, (301) 734-8423.
Authority: 7 U.S.C. 1622; 19 U.S.C. 1306; 21 U.S.C. 102-105,
111, 114a, 134a, 134b, 134c, 134d, 134f, 135, 136, and 136a; 31
U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.2(d).
Done in Washington, DC, this 7th day of March 1996.
Terry L. Medley,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 96-5981 Filed 3-12-96; 8:45 am]
BILLING CODE 3410-34-M
Complete official Federal Register PDF
FR Doc. 96-5968 Exemption of the Securities of the Federative Republic of Brazil, the Republic of Argentina, and the Republic of Venezuela Under the Securities Exchange Act of 1934 for Purposes of Trading Futures Contracts on those Securities
[Federal Register Volume 61, Number 50 (Wednesday, March 13, 1996)]
[Rules and Regulations]
[Pages 10271-10274]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5968]
=======================================================================
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
17 CFR Part 240
[Release No. 34-36940, International Series Release No. 948, File No.
S7-34-95]
RIN 3235-AG68
Exemption of the Securities of the Federative Republic of Brazil,
the Republic of Argentina, and the Republic of Venezuela Under the
Securities Exchange Act of 1934 for Purposes of Trading Futures
Contracts on those Securities
AGENCY: Securities and Exchange Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Securities and Exchange Commission (``SEC'' or
``Commission'') is adopting an amendment to Rule 3a12-8 under the
Securities Exchange Act of 1934 that would designate debt obligations
issued by the Federative Republic of Brazil (``Brazil''), the Republic
of Argentina (``Argentina''), and the Republic of Venezuela
(``Venezuela'') (collectively the ``Additional Countries'') as
``exempted securities'' for the purpose of marketing and trading
futures contracts on those securities in the United States. The purpose
of this amendment is solely to permit futures on the sovereign debt of
the Additional Countries to be traded in the United States. This change
is not intended to have any substantive effect on the operation of the
Rule.
EFFECTIVE DATE: March 13, 1996.
[[Page 10272]]
FOR FURTHER INFORMATION CONTACT: James T. McHale, Attorney, Office of
Market Supervision (``OMS''), Division of Market Regulation
(``Division''), Securities and Exchange Commission (Mail Stop 5-1), 450
Fifth Street, N.W., Washington, D.C. 20549, at (202) 942-0190.
SUPPLEMENTARY INFORMATION:
I. Introduction
Under the Commodity Exchange Act (``CEA''), it is unlawful to trade
a futures contract on any individual security, unless the security in
question is an exempted security (other than a municipal security) for
the purposes of the Securities Act of 1933 (``Securities Act'') or the
Securities Exchange Act of 1934 (``Exchange Act'').\1\ Debt obligations
of foreign governments are not exempted securities under either of
these statutes. The Commission, however, has adopted Rule 3a12-8 under
the Exchange Act (``Rule'') \2\ to designate debt obligations issued by
certain foreign governments as exempted securities under the Exchange
Act solely for the purpose of marketing and trading futures contracts
on those securities in the United States. The foreign governments
currently designated in the Rule are Great Britain, Canada, Japan,
Australia, France, New Zealand, Austria, Denmark, Finland, the
Netherlands, Switzerland, Germany, the Republic of Ireland, Italy, the
Kingdom of Spain, and Mexico (the ``Designated Foreign Governments'').
As a result of being included in the Rule, futures contracts on the
debt obligations of these countries may be sold in the United States,
as long as the other terms of the Rule are satisfied.
\1\ The term ``exempted security'' is defined in Section 3 of
the Securities Act, 15 U.S.C. Sec. 77c, and Section 3(a)(12) of the
Exchange Act, 15 U.S.C. Sec. 78c(a)(12).
\2\ 17 CFR 240.3a12-8
---------------------------------------------------------------------------
On December 13, 1995, the Commission issued a release proposing to
amend Rule 3a12-8 to designate the debt obligations of the Additional
Countries as exempted securities, solely for the purpose of futures
trading.\3\ No comment letters were received in response to the
proposal.
\3\ See Securities Exchange Act Release No. 36580 (``Proposing
Release'') (December 13, 1995), 60 FR 65607 (December 20, 1995).
---------------------------------------------------------------------------
The Commission is adopting this amendment to the Rule, adding
Brazil, Argentina and Venezuela to the list of countries whose debt
obligations are exempted by Rule 3a12-8. In order to qualify for the
exemption, futures contracts on debt obligations of the Additional
Countries would have to meet all the other requirements of the Rule.
II. Background
Rule 3a12-8 was adopted in 1984 \4\ pursuant to the exemptive
authority in Section 3(a)(12) of the Exchange Act in order to provide a
limited exception to the CEA's prohibition on the trading of futures
overlying individual securities.\5\ As originally adopted, the Rule
provided that debt obligations of the United Kingdom and Canada would
be deemed to be exempted securities, solely for the purpose of
permitting the offer, sale, and confirmation of ``qualifying foreign
futures contracts'' on such securities, so long as the securities in
question were neither registered under the Securities Act nor the
subject of any American depositary receipt so registered. A futures
contract on such a debt obligation is deemed under the Rule to be a
``qualifying foreign futures contract'' if delivery under the contract
is settled outside the United States and is traded on a board of
trade.\6\
\4\ See Securities Exchange Act Release Nos. 20708 (``Original
Adopting Release'') (March 2, 1984), 49 FR 8595 (March 8, 1984) and
19811 (``Original Proposing Release'') (May 25, 1983), 48 FR 24725
(June 2, 1983).
\5\ In enacting the Futures Trading Act of 1982, Congress
expressed its understanding that neither the SEC nor the Commodity
Futures Trading Commission (``CFTC'') had intended to bar the sale
of futures contracts on debt obligations of the United Kingdom of
Great Britain and Northern Ireland (``United Kingdom'') to U.S.
persons, and its expectation that administrative action would be
taken to allow the sale of such futures contracts in the United
States. See Original Proposing Release, supra note 4, 48 FR at 24725
[citing 128 Cong. Rec. H7492 (daily ed. September 23, 1982)
(statements of Representatives Daschle and Wirth)].
\6\ As originally adopted, the Rule required that the board of
trade be located in the country that issued the underlying
securities. This requirement was eliminated in 1987. See Securities
Exchange Act Release No. 24209 (March 12, 1987), 52 FR 8875 (March
20, 1987).
---------------------------------------------------------------------------
The conditions imposed by the Rule were intended to facilitate the
trading of futures contracts on foreign government securities in the
United States while requiring offerings of foreign government
securities to comply with the federal securities laws. Accordingly, the
conditions set forth in the Rule were designed to ensure that markets
for futures on these instruments would not be used to avoid the
securities law registration requirements.
Subsequently, the Commission amended the Rule to include the debt
securities issued by Japan, Australia, France, New Zealand, Austria,
Denmark, Finland, the Netherlands, Switzerland, Germany, Ireland,
Italy, Spain, and, most recently, Mexico.7
\7\ As originally adopted, the Rule applied only to British and
Canadian government debt securities. See Original Adopting Release,
supra note 4. In 1986, the Rule was amended to include Japanese
government debt securities. See Securities Exchange Act Release No.
23423 (July 11, 1986), 51 FR 25996 (July 18, 1986). In 1987, the
Rule was amended to include debt securities issued by Australia,
France and New Zealand. See Securities Exchange Act Release No.
25072 (October 29, 1987), 52 FR 42277 (November 4, 1987). In 1988,
the Rule was amended to include debt securities issued by Austria,
Denmark, Finland, the Netherlands, Switzerland, and West Germany.
See Securities Exchange Act Release No. 26217 (October 26, 1988), 53
FR 43860 (October 31, 1988). In 1992 the Rule was again amended to
(1) include debt securities offered by the Republic of Ireland and
Italy, (2) change the country designation of ``West Germany'' to the
``Federal Republic of Germany,'' and (3) replace all references to
the informal names of the countries listed in the Rule with
references to their official names. See Securities Exchange Act
Release No. 30166 (January 6, 1992), 57 FR 1375 (January 14, 1992).
In 1994, the Rule was amended to include debt securities issued by
the Kingdom of Spain. See Securities Exchange Act Release No. 34908
(October 27, 1994), 59 FR 54812 (November 2, 1994). Finally, in 1995
the Rule was amended to include Mexican sovereign debt. See
Securities Exchange Act Release No. 36530 (November 30, 1995) 60 FR
62323 (December 6, 1995) (``Mexico Adopting Release'').
---------------------------------------------------------------------------
The Chicago Mercantile Exchange (``CME'') has informed the
Commission that U.S. citizens may be interested in futures products
based on the debt obligations of the Additional Countries, and has
requested that Rule 3a12-8 be amended to facilitate such trading.8
The CME has represented that it intends to develop a futures contract
market in Brady bonds issued by the Additional Countries.9 Brady
bonds are issued pursuant to the Brady plan, which allows developing
countries to restructure their commercial bank debt by issuing long-
term dollar denominated bonds.10 The Commission
[[Page 10273]]
understands that Brady bonds issued by the Additional Countries are
currently traded primarily in the over-the-counter market in the United
States.
\8\ See Letter from William J. Brodsky, President and Chief
Executive Officer, CME, to Arthur Levitt, Jr., Chairman, Commission,
dated November 10, 1995 (``CME Petition''). The Commission
subsequently received a request from the New York Cotton Exchange
(``NYCE'') to amend the Rule to include the same Additional
Countries. See Letter from Philip McBride Johnson, Esq., Skadden,
Arps, Slate, Meagher & Flom, to Jonathan G. Katz, Secretary,
Commission, dated November 30, 1995.
\9\ The marketing and trading of foreign futures contracts is
subject to regulation by the CFTC. In particular, Section 4b of the
CEA authorizes the CFTC to regulate the offer and sale of foreign
futures contracts to U.S. residents, and Rule 9 (17 CFR 30.9),
promulgated under Section 2(a)(1)(A) of the CEA, is intended to
prohibit fraud in connection with the offer and sale to U.S. persons
of futures contracts executed on foreign exchanges. Additional rules
promulgated under 2(a)(1)(A) of the CEA govern the domestic offer
and sale of futures and options contracts traded on foreign boards
of trade. These rules require, among other things, that the domestic
offer and sale of foreign futures be effected through the CFTC
registrants or through entities subject to a foreign regulatory
framework comparable to that governing domestic futures trading. See
17 CFR 30.3, 30.4, and 30.5 (1991).
\10\ There are several types of Brady bonds, but ``Par Bradys''
and ``Discount Bradys'' represent the great majority of issues in
the Brady bond market. In general, both Par Bradys and Discount
Bradys are secured as to principal at maturity by U.S. Treasury
zero-coupon bonds. Additionally, usually 12 to 18 months of interest
payments are also secured in the form of a cash collateral account,
which is maintained to pay interest in the event that the sovereign
debtor misses an interest payment.
---------------------------------------------------------------------------
The Commission is amending Rule 3a12-8 to add Brazil, Argentina,
and Venezuela to the list of countries whose debt obligations are
deemed to be ``exempted securities'' under the terms of the Rule. Under
this amendment, the existing conditions set forth in the Rule (i.e.,
that the underlying securities not be registered in the United
States,11 that the futures contracts require delivery outside the
United States,12 and that the contracts be traded on a board of
trade) would continue to apply.
\11\ The Commission notes that while no Brady bonds issued by
the Additional Countries are currently registered in the United
States, certain sovereign debt issues of Argentina and Venezuela
have been so registered. Futures on U.S.-registered debt securities
of Argentina and Venezuela (or any sovereign debt which in the
future becomes so registered) would not be deemed exempt securities
under Rule 3a12-8.
\12\ The CME's proposed futures contracts will be cash-settled
(i.e., settlement of the futures contracts will not entail delivery
of the underlying securities). The Commission has recognized that a
cash-settled futures contract is consistent with the requirement of
the Rule that delivery must be made outside the United States. See
Securities Exchange Act Release No. 25072 (October 29, 1987), 52 FR
42277 (November 4, 1987).
---------------------------------------------------------------------------
III. Discussion
For the reasons discussed below, the Commission finds that it is
consistent with the public interest and the protection of investors
that Rule 3a12-8 be amended to include the sovereign debt obligations
of the Additional Countries. The Commission believes that the trading
of futures contracts on the sovereign debt of the Additional Countries
could provide U.S. investors and dealers with a vehicle for hedging the
risks involved in holding debt instruments of the Additional Countries
and that the sovereign debt of the Additional Countries should be
subject to the same regulatory treatment under the Rule as that of the
Designated Foreign Governments.
In determining whether to amend the Rule to add proposed countries,
the Commission has considered whether there is an active and liquid
secondary trading market in the particular sovereign debt. In this
regard, the amount of outstanding sovereign debt of Brazil, Argentina,
and Venezuela is large and secondary trading appears to be active and
liquid. According to the CME, as of December 31, 1993, the total public
and publicly guaranteed debt 13 of Brazil, Argentina, and
Venezuela was approximately US$86 billion, US$55 billion, and US$74
billion, respectively.14 Moreover, the cash market for Brady bonds
issued by the Additional Countries evidences relatively active trading.
Based on data provided by the CME, the total 1994 trading volume in the
Brady bonds of Brazil, Argentina, and Venezuela was approximately
US$371 billion, US$360 billion, and US$320 billion,
respectively.15 As is the case for all sovereign issuers, there
are less actively traded sovereign debt instruments issued by the
Additional Countries, but the Commission believes that as a whole the
sovereign debt market for the Additional Countries is sufficiently
liquid and deep for purposes of Rule 3a12-8. Accordingly, the
Commission believes that it is appropriate to exempt the sovereign debt
of Brazil, Argentina, and Venezuela because of the overall depth and
liquidity of the existing cash market in the Additional Countries
sovereign debt.
\13\ Public debt is an external obligation of a public debtor,
including the national government, a political subdivision (or any
agency of either) and autonomous public bodies. Publicly guaranteed
debt is an external obligation of a private debtor that is
guaranteed for repayment by a public entity.
\14\ See Letter from Carl A. Royal, Senior Vice President and
Special Counsel, CME, to James T. McHale, Attorney, OMS, Division,
Commission, dated November 30, 1995 (citing the World Bank's 1995
World Debt Tables as the source for this information) (``November 30
letter''). As mentioned earlier, the Commission recently amended the
Rule to include the debt securities of Mexico. As of March 31, 1995
there was approximately US$87.5 billion face amount Mexican
government debt issued and outstanding of various classes and
maturities. See Mexico Adopting Release, supra note 7.
\15\ See November 30 letter, supra note 14. The total 1994
dollar-based trading volume in Mexican Brady bonds was approximately
US$282.3 billion. See Mexico Adopting Release, supra note 7.
---------------------------------------------------------------------------
The Commission also believes that the amendment offers potential
benefits for U.S. investors. As stated above, the amendment will allow
U.S. boards of trade to offer in the United States, and U.S. investors
to trade, a greater range of futures contracts on foreign government
debt obligations. Specifically, the trading of futures on the sovereign
debt of Brazil, Argentina, and Venezuela should provide U.S. investors
with a vehicle for hedging the risks involved in holding positions in
the underlying sovereign debt of the Additional Countries. The
Commission does not anticipate that the amendment will result in any
direct cost for U.S. investors or others. The amendment will impose no
recordkeeping or compliance burdens, and merely would provide a limited
purpose exemption under the federal securities laws. The restrictions
imposed under the amendment are identical to the restrictions currently
imposed under the terms of the Rule and are designed to protect U.S.
investors.
In the Proposing Release the Commission solicited comment on the
general application and operation of the Rule given the increased
globalization of the securities markets since the Rule was adopted. The
Commission intends to consider this issue further, but does not believe
it should delay the inclusion of the Additional Countries in the list
of countries whose debt obligations are exempted under Rule 3a12-8.
Nevertheless, the Commission continues to welcome suggestions on
potential restructuring of Rule 3a12-8 to adapt to the ever-increasing
internationalization of the securities markets.
IV. Regulatory Flexibility Act Consideration
Chairman Levitt has certified in connection with the Proposing
Release that this amendment, if adopted, would not have a significant
economic impact on a substantial number of small entities. The
Commission received no comments on this certification.
V. Effects on Competition and Other Findings
Section 23(a)(2) of the Exchange Act 16 requires the
Commission, in adopting rules under the Exchange Act, to consider the
competitive effects of such rules, if any, and to balance any impact
with the regulatory benefits gained in terms of furthering the purposes
of the Exchange Act. The Commission has considered the amendment to the
Rule in light of the standards cited in Section 23(a)(2) and believes
that adoption of the amendment will not impose any burden on
competition not necessary or appropriate in furtherance of the purposes
of the Exchange Act. As stated above, the amendment is designed to
assure the lawful availability in this country of futures contracts on
the government debt of the Additional Countries that otherwise would
not be permitted to be marketed under the terms of the CEA. The
amendment thus serves to expand the range of financial products
available in the United States and enhances competition in financial
markets. Insofar as the Rule contains limitations, they are designed to
promote the purposes of the Exchange Act by ensuring that futures
trading on government securities of the Additional Countries is
consistent with the goals and purposes of the federal securities
[[Page 10274]]
laws by minimizing the impact of the Rule on securities trading and
distribution in the United States.
\16\ 15 U.S.C Sec. 78w(a)(2).
---------------------------------------------------------------------------
Because the amendment to the Rule is exemptive in nature, the
Commission has determined to make the foregoing action effective
immediately upon publication in the Federal Register.17
\17\ 15 U.S.C. Sec. 553(d).
---------------------------------------------------------------------------
VI. Statutory Basis
The amendment to Rule 3a12-8 is being adopted pursuant to 15 U.S.C.
Secs. 78a et seq., particularly Sections 3(a)(12) and 23(a), 15 U.S.C.
Secs. 78c(a)(12) and 78w(a).
List of Subjects in 17 CFR Part 240
Reporting and recordkeeping requirements, Securities.
Text of the Adopted Amendment
For the reasons set forth above, the Commission is amending Part
240 of Chapter II, Title 17 of the Code of Federal Regulations as
follows:
PART 240--GENERAL RULES AND REGULATIONS, SECURITIES EXCHANGE ACT OF
1934
1. The authority citation for Part 240 continues to read in part as
follows:
Authority: 15 U.S.C. 77c, 77d, 77g, 77j, 77s, 77eee, 77ggg,
77nnn, 77sss, 77ttt, 78c, 78d, 78i, 78j, 78l, 78m, 78n, 78o, 78p,
78q, 78s, 78w, 78x, 78ll(d), 79q, 79t, 80a-20, 80a-23, 80a-29, 80a-
37, 80b-3, 80b-4 and 80b-11, unless otherwise noted.
* * * * *
2. Section 240.3a12-8 is amended by removing the word ``or'' at the
end of paragraph (a)(1)(xv), removing the ``period'' at the end of
paragraph (a)(1)(xvi) and adding ``;'' in its place, and adding
paragraph (a)(1)(xvii), paragraph (a)(1)(xviii), and paragraph
(a)(1)(xix) to read as follows:
Sec. 240.3a12-8 Exemption for designated foreign government securities
for purposes of futures trading.
(a) * * *
(1) * * *
(xvii) the Federative Republic of Brazil;
(xviii) the Republic of Argentina; or
(xix) the Republic of Venezuela.
* * * * *
Dated: March 7, 1996.
By the Commission.
Margaret H. McFarland,
Deputy Secretary.
[FR Doc. 96-5968 Filed 3-12-96; 8:45 am]
BILLING CODE 8010-01-P
Complete official Federal Register PDF
FR Doc. 96-5950 Corporate and Labor Organization Activity; Express Advocacy and Coordination With Candidates
[Federal Register Volume 61, Number 50 (Wednesday, March 13, 1996)]
[Rules and Regulations]
[Page 10269]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5950]
=======================================================================
-----------------------------------------------------------------------
FEDERAL ELECTION COMMISSION
11 CFR Parts 100, 102, 109, 110 and 114
[Notice 1996-9]
Corporate and Labor Organization Activity; Express Advocacy and
Coordination With Candidates
AGENCY: Federal Election Commission.
ACTION: Final rule: announcement of effective date.
-----------------------------------------------------------------------
SUMMARY: On December 14, 1995, the Commission published the text of
revised regulations regarding corporate and labor organization
activities such as sponsoring voter drives and candidate debates and
appearances, endorsing candidates, issuing voter guides, voting records
and other publications, and facilitating the making of contributions.
60 FR 64260. These regulations implement portions of the Federal
Election Campaign Act of 1971, as amended. The Commission announces
that these rules are effective as of March 13, 1996.
EFFECTIVE DATE: March 13, 1996.
FOR FURTHER INFORMATION CONTACT: Ms. Susan E. Propper, Assistant
General Counsel, or Ms. Rosemary C. Smith, Senior Attorney, 999 E
Street, N.W., Washington, D.C. 20463, (202) 219-3690 or toll free (800)
424-9530.
SUPPLEMENTARY INFORMATION: Today, the Commission is announcing the
effective date of new regulations implementing the Supreme Court's
opinion in Federal Election Commission v. Massachusetts Citizens for
Life, Inc., 479 U.S. 238 (1986). This decision concerns corporate and
labor organization activities under section 441b of the Federal
Election Campaign Act. 2 U.S.C. 441b. The new rules are being
incorporated into Parts 100, 102, 109, 110 and 114 of the existing
regulations.
Section 438(d) of Title 2, United States Code, requires that any
rule or regulation prescribed by the Commission to implement Title 2 of
the United States Code be transmitted to the Speaker of the House of
Representatives and the President of the Senate thirty legislative days
prior to final promulgation. These regulations were transmitted to
Congress on December 8, 1995. Thirty legislative days expired in the
Senate on January 30, 1996 and in the House of Representatives on
February 28, 1996.
Announcement of Effective Date: 11 CFR 109.1(b)(4), 110.12, 110.13,
114.1 (a) and (j), 114.2, 114.3, 114.4, 114.12(b) and 114.13, and
conforming amendments to 11 CFR 100.7(b)(21), 100.8 (b)(3) and (b)(23)
and 102.4(c)(1), as published at 60 FR 64260 on December 14, 1995, are
effective as of March 13, 1996.
Dated: March 8, 1996.
Lee Ann Elliott,
Chairman, Federal Election Commission.
[FR Doc. 96-5950 Filed 3-12-96; 8:45 am]
BILLING CODE 6715-01-P
Complete official Federal Register PDF
FR Doc. 96-5897 Radio Broadcasting Services; Jackson, WY
[Federal Register Volume 61, Number 50 (Wednesday, March 13, 1996)]
[Rules and Regulations]
[Page 10284]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5897]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 73
[MM Docket No. 95-171; RM-8724]
Radio Broadcasting Services; Jackson, WY
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Commission, at the request of Summit Radio and 1530, LLC,
allots Channel 227C at Jackson, Wyoming, as the community's third local
commercial FM transmission service. See 60 FR 62060, December 4, 1995.
Channel 227C can be allotted to Jackson in compliance with the
Commission's minimum distance separation requirements at city reference
coordinates. The coordinates for Channel 227C at Jackson are North
Latitude 43-28-42 and West Longitude 110-45-42. With this action, this
proceeding is terminated.
DATES: Effective April 22, 1996. The window period for filing
applications will open on April 22, 1996 and close on May 23, 1996.
FOR FURTHER INFORMATION CONTACT: Sharon P. McDonald, Mass Media Bureau,
(202) 418-2180.
SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's
Report and Order, MM Docket No. 95-171, adopted February 28, 1996, and
released March 6, 1996. The full text of this Commission decision is
available for inspection and copying during normal business hours in
the FCC Reference Center (Room 239), 1919 M Street, NW., Washington,
DC. The complete text of this decision may also be purchased from the
Commission's copy contractors, International Transcription Service,
Inc., (202) 857-3800, 2100 M Street, NW., Suite 140, Washington, DC
20037.
List of Subjects in 47 CFR Part 73
Radio broadcasting.
Part 73 of title 47 of the Code of Federal Regulations is amended
as follows:
PART 73--[AMENDED]
1. The authority citation for part 73 continues to read as follows:
Authority: Sections 303, 48 Stat., as amended, 1082; 47 U.S.C.
154, as amended.
Sec. 73.202 [Amended]
2. Section 73.202(b), the Table of FM Allotments under Wyoming, is
amended by adding Channel 227C at Jackson.
Federal Communications Commission.
John A. Karousos,
Chief, Allocations Branch, Policy and Rules Division, Mass Media
Bureau.
[FR Doc. 96-5897 Filed 3-12-96; 8:45 am]
BILLING CODE 6712-01-F
Complete official Federal Register PDF
FR Doc. 96-5896 Radio Broadcasting Services; Kewanee, IL
[Federal Register Volume 61, Number 50 (Wednesday, March 13, 1996)]
[Rules and Regulations]
[Pages 10284-10285]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5896]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 73
[MM Docket No. 95-160; RM-8710]
Radio Broadcasting Services; Kewanee, IL
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Commission, at the request of Virden Broadcasting
Corporation, substitutes Channel 230A for Channel 221A at Kewanee,
Illinois, and modifies Station WJRE(FM)'s license accordingly. See 60
FR 55820, November 3, 1995. Channel 230A can be allotted at Kewanee in
compliance with the Commission's minimum distance separation
requirements with a site restriction of 0.8 kilometers (0.5 miles) west
at petitioner's requested site. The coordinates for Channel 230A at
Kewanee are North Latitude 41-14-15 and West Longitude 89-56-15. With
this action, this proceeding is terminated.
[[Page 10285]]
EFFECTIVE DATE: April 22, 1996.
FOR FURTHER INFORMATION CONTACT: Sharon P. McDonald, Mass Media Bureau,
(202) 418-2180.
SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's
Report and Order, MM Docket No. 95-160, adopted February 26, 1996, and
released March 6, 1996. The full text of this Commission decision is
available for inspection and copying during normal business hours in
the FCC Reference Center (Room 239), 1919 M Street, NW., Washington,
DC. The complete text of this decision may also be purchased from the
Commission's copy contractors, International Transcription Service,
Inc., (202) 857-3800, 2100 M Street, NW., Suite 140, Washington, DC
20037.
List of Subjects in 47 CFR Part 73
Radio broadcasting.
Part 73 of title 47 of the Code of Federal Regulations is amended
as follows:
PART 73--[AMENDED]
1. The authority citation for part 73 continues to read as follows:
Authority: Sections 303, 48 Stat., as amended, 1082; 47 U.S.C.
154, as amended.
Sec. 73.202 [Amended]
2. Section 73.202(b), the Table of FM Allotments under Illinois, is
amended by adding Channel 230A and by removing Channel 221A at Kewanee.
Federal Communications Commission.
John A. Karousos,
Chief, Allocations Branch, Policy and Rules Division, Mass Media
Bureau.
[FR Doc. 96-5896 Filed 3-12-96; 8:45 am]
BILLING CODE 6712-01-F
Complete official Federal Register PDF
FR Doc. 96-5894 Summer Flounder Fishery; Commercial Quota Transfer from North Carolina to Virginia
[Federal Register Volume 61, Number 50 (Wednesday, March 13, 1996)]
[Rules and Regulations]
[Page 10286]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5894]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
50 CFR Part 625
[I.D. 022996D]
Summer Flounder Fishery; Commercial Quota Transfer from North
Carolina to Virginia
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration, (NOAA), Commerce.
ACTION: Commercial quota transfer.
-----------------------------------------------------------------------
SUMMARY: NMFS announces that the State of North Carolina is
transferring 5,773 lb (2,619 kg) of commercial summer flounder quota to
the Commonwealth of Virginia. NMFS adjusted the quotas and announces
the revised commercial quota for each state involved.
EFFECTIVE DATE: March 12, 1996.
FOR FURTHER INFORMATION CONTACT: Lucy Helvenston, 508-281-9347.
SUPPLEMENTARY INFORMATION: Regulations implementing Amendment 2 to the
Fishery Management Plan for the Summer Flounder Fishery (FMP) are found
at 50 CFR part 625. The regulations require annual specification of a
commercial quota that is apportioned among the coastal states from
North Carolina through Maine. The process to set the annual commercial
quota and the percent allocated to each state is described in
Sec. 625.20.
The commercial quota for summer flounder for the 1996 calendar year
was set equal to 11,111,298 lb (5,040,000 kg), and the allocations to
each state were published January 4, 1996 (61 FR 291). At that time,
the State of North Carolina was allocated a quota of 3,049,589 lb
(1,383,270 kg) and the Commonwealth of Virginia was allocated a quota
of 2,368,569 lb (1,074,365 kg).
The final rule implementing Amendment 5 to the FMP was published
December 17, 1993 (58 FR 65936), and allows two or more states, under
mutual agreement and with the concurrence of the Director, Northeast
Region, NMFS, (Regional Director) to transfer or combine summer
flounder commercial quota. The Regional Director is required to
consider the criteria set forth in Sec. 625.20(f)(1), in the evaluation
of requests for quota transfers or combinations.
The State of North Carolina has agreed to transfer 5,773 lb (2,619
kg) of commercial quota to the Commonwealth of Virginia. The Regional
Director has determined that the criteria set forth in
Sec. 625.20(f)(1) have been met, and hereby publishes this notification
of quota transfers. The revised quotas for the calendar year 1996 are:
North Carolina, 3,043,816 lb (1,380,652 kg); and Virginia, 2,374,342 lb
(1,076,983 kg).
This action does not alter any of the conclusions reached in the
environmental impact statement prepared for Amendment 2 to the FMP
regarding the effects of summer flounder fishing activity on the human
environment. Amendment 2 established procedures for setting an annual
coastwide commercial quota for summer flounder and a formula for
determining commercial quotas for each state. The quota transfer
provision was established by Amendment 5 to the FMP and the
environmental assessment prepared for Amendment 5 found that the action
had no significant impact on the environment. Under sections
6.02b.3(b)(i)(aa) and (ii)(aa) of NOAA Administrative Order 216-6, this
action is categorically excluded from the requirement to prepare
additional environmental analyses. This is a routine administrative
action that reallocates commercial quota within the scope of previously
published environmental analyses.
Classification
This action is taken under 50 CFR part 625 and is exempt from
review under E.O. 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 6, 1996.
Donald J. Leedy,
Acting Director, Office of Fisheries Conservation and Management,
National Marine Fisheries Service.
[FR Doc. 96-5894 Filed 3-12-96; 8:45 am]
BILLING CODE 3510-22-F
Complete official Federal Register PDF
FR Doc. 96-5891 Summer Flounder Fishery; Commercial Quota Harvested for Maine
[Federal Register Volume 61, Number 50 (Wednesday, March 13, 1996)]
[Rules and Regulations]
[Pages 10285-10286]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5891]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 625
[Docket No. 951116270-5038-02; I.D. 030196D]
Summer Flounder Fishery; Commercial Quota Harvested for Maine
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Commercial quota harvest.
-----------------------------------------------------------------------
SUMMARY: NMFS issues this notification announcing that the summer
flounder commercial quota available to the State of Maine has been
harvested. Vessels issued a commercial Federal fisheries permit for the
summer flounder fishery may not land summer flounder in Maine for the
remainder of calendar year 1996, unless additional quota becomes
available through a transfer from another state that has not reached
its annual quota. Regulations governing the summer flounder fishery
require publication of this notification to advise the State of Maine
that the quota has been harvested and to advise vessel and dealer
permit holders that no
[[Page 10286]]
commercial quota is available for landing summer flounder in Maine.
EFFECTIVE DATE: March 7, 1996, through December 31, 1996.
FOR FURTHER INFORMATION CONTACT: Lucy Helvenston, 508-281-9347.
SUPPLEMENTARY INFORMATION: Regulations governing the summer flounder
fishery are found at 50 CFR part 625. The regulations require annual
specification of a commercial quota that is apportioned among the
states from North Carolina through Maine. The process to set the annual
commercial quota and the percent allocated to each state are described
in Sec. 625.20.
The total commercial quota for summer flounder for the 1996
calendar year is set equal to 11,111,298 lb (5,040,000 kg) (January 4,
1996, 61 FR 291). The percent allocated to vessels landing summer
flounder in Maine is 0.04756 percent, or 5,284 lb (2,397 kg).
Section 625.21(c) requires the Director, Northeast Region, NMFS
(Regional Director), to monitor state commercial quotas and to
determine when a state commercial quota is harvested. The Regional
Director is further required to publish an announcement in the Federal
Register advising a state and notifying Federal vessel and dealer
permit holders that, effective upon a specific date, the state's
commercial quota has been harvested and no commercial quota is
available for landing summer flounder in that state. Because the
available information indicates that the State of Maine has attained
its quota for 1996, the Regional Director has determined, based on
dealer reports and other available information, that the State's
commercial quota has been harvested.
The regulations at Sec. 625.4(a)(3) provide that Federal permit
holders agree as a condition of the permit not to land summer flounder
in any state that the Regional Director has determined no longer has
commercial quota available. Therefore, effective 0001 hours on March 7,
1996, further landings of summer flounder in Maine by vessels holding
commercial Federal fisheries permits are prohibited for the remainder
of the 1996 calendar year, unless additional quota becomes available
through a transfer from another state that has not reached its annual
quota, and is announced in the Federal Register. Federally permitted
dealers are also advised that, effective the date above, they may not
purchase summer flounder from federally permitted vessels that land in
Maine for the remainder of the calendar year, or until additional quota
becomes available through another state.
Classification
This action is required by 50 CFR part 625 and is exempt from
review under E.O. 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 6, 1996.
Donald J. Leedy,
Acting Director, Office of Fisheries Conservation and Management,
National Marine Fisheries Service.
[FR Doc. 96-5891 Filed 3-7-96; 5:07 pm]
BILLING CODE 3510-22-F
Complete official Federal Register PDF
FR Doc. 96-5856 Airworthiness Directives; Boeing Model 747 Series Airplanes
[Federal Register Volume 61, Number 50 (Wednesday, March 13, 1996)]
[Rules and Regulations]
[Pages 10270-10271]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5856]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 95-NM-276-AD; Amendment 39-9538; AD 96-03-01 R1]
Airworthiness Directives; Boeing Model 747 Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; correction.
-----------------------------------------------------------------------
SUMMARY: This amendment clarifies information in an existing
airworthiness directive (AD), applicable to certain Boeing Model 747
series airplanes, that currently requires inspections of the lower
engine mount to determine if the tangential link upper bolt and nut are
oriented properly, and if the tangential link upper bolt nut is torqued
within certain limits. Additionally, the AD requires replacement of the
bolt and nut with serviceable parts, if necessary, and requires certain
follow-on actions for airplanes on which the upper bolt is missing. The
actions specified in the AD are intended to prevent separation of the
engine from the airframe due to migration of the tangential link upper
bolt. This amendment clarifies an incorrect description of a part that
is to be inspected. This amendment is prompted by communications
received from the manufacturer that this part was described incorrectly
in the published version of the AD.
DATES: Effective February 16, 1996.
The incorporation by reference of certain publications listed in
the regulations was approved previously by the Director of the Federal
Register as of February 16, 1996 (61 FR 3550, February 1, 1996).
FOR FURTHER INFORMATION CONTACT: Tammy L. Dow, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (206)
227-2771; fax (206) 227-1181.
SUPPLEMENTARY INFORMATION: On January 22, 1996, the FAA issued AD 96-
03-01, amendment 39-9496 (61 FR 3550, February 1, 1996), which is
applicable to certain Boeing Model 747 series airplanes. That AD
requires inspections of the lower engine mount to determine if the
tangential link upper bolt and nut are oriented properly, and if the
tangential link upper bolt nut is torqued within certain limits.
Additionally, that AD requires replacement of the bolt and nut with
serviceable parts, if necessary, and requires certain follow-on actions
for airplanes on which the upper bolt is missing. Terminating action
also is provided by that AD. That action was prompted by reports of
migration of bolts completely from the tangential link of the aft
engine mount, a condition which would reduce the capability of the
retention system for the engine. The actions required by that AD are
intended to prevent separation of the engine from the airplane due to
migration of the tangential link upper bolt.
Since the issuance of that AD, the manufacturer advised the FAA
that, as published, paragraph (a)(1)(ii) of that AD incorrectly
described a part. That paragraph specified that if the ``tangential
link upper bolt'' is not installed on the forward side of the engine
mount fitting, certain corrective actions are required. However, that
paragraph should have specified that the corrective actions are
necessary if the ``tangential link upper bolt nut'' is not installed on
the forward side of the engine mount fitting. In all other parts of the
published AD and its preamble, references to this part were described
correctly.
Action is taken herein to clarify these requirements of AD 96-03-01
and to correctly add the AD as an amendment to section 39.13 of the
Federal Aviation Regulations (14 CFR 39.13).
The final rule is being reprinted in its entirety for the
convenience of affected operators. The effective date remains February
16, 1996.
Since this action only clarifies a current requirement, it has no
adverse economic impact and imposes no additional burden on any person.
Therefore, notice and public procedures hereon are unnecessary.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Correction
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 removing amendment 39-9496 (61 FR
3550, February 1, 1996), and by adding a new airworthiness directive
(AD), amendment 39-9538, to read as follows:
96-03-01 R1 Boeing: Amendment 39-9538. Docket 95-NM-276-AD. Revises
AD 96-03-01, Amendment 39-9496.
Applicability: Model 747 series airplanes, as listed in Boeing
Alert Service Bulletin 747-71A2277, dated November 29, 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 (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 separation of the engine from the airplane,
accomplish the following:
(a) Within 90 days after the effective date of this AD,
accomplish the requirements of paragraphs (a)(1) and (a)(2) of this
AD in accordance with Boeing Alert Service Bulletin 747-71A2277,
dated November 29, 1995.
(1) Perform a visual inspection to ensure that installation of
the tangential link upper bolt nut is on the forward side of the
engine mount fitting.
(i) If the tangential link upper bolt nut is installed on the
forward side of the engine mount fitting, repeat the visual
inspection at intervals not to exceed 18 months.
(ii) If the tangential link upper bolt nut is not installed on
the forward side of the engine mount fitting, prior to further
flight, remove the nut, bolt, and washers and reinstall the nut,
bolt, and washers in accordance with the alert service bulletin.
Thereafter, repeat the visual inspection at intervals not to exceed
18 months.
(iii) If the tangential link upper bolt is missing from the
engine mount fitting, prior to further flight, perform the various
follow-on actions in accordance with the alert service bulletin.
(The follow-on actions include visual inspections, magnetic particle
[[Page 10271]]
inspections, replacement of the lower engine mount fitting with a
serviceable part, if necessary; installation of new safety links,
bolts, and nuts; and installation of a new tangential link upper
bolt.) Thereafter, repeat the visual inspection at intervals not to
exceed 18 months.
(2) Perform an inspection to verify that the torque value of the
tangential link upper bolt (on both sides of the mount) is within
the limits specified in the alert service bulletin.
(i) If the torque value of the tangential link upper bolt nut is
within the limits specified in the alert service bulletin, repeat
the inspection (verification) at intervals not to exceed 18 months.
(ii) If the torque value of the tangential link upper bolt nut
is outside the limits specified in the alert service bulletin, prior
to further flight, perform a visual inspection of the tangential
link upper bolt and washer for any damage or discrepancy, in
accordance with the alert service bulletin.
(A) If no damage or discrepancy of the tangential link upper
bolt and washers is found, prior to further flight, replace the bolt
nut with a new or serviceable part in accordance with the alert
service bulletin. Thereafter, repeat the inspection (verification)
specified in paragraph (a)(2) of this AD at intervals not to exceed
18 months.
(B) If any damage or discrepancy of the tangential link upper
bolt and washers is found, prior to further flight, replace the
damaged or discrepant part with a new or serviceable part, and
replace the bolt nut with a new or serviceable part, in accordance
with the alert service bulletin. Thereafter, repeat the inspection
(verification) specified in paragraph (a)(2) of this AD at intervals
not to exceed 18 months.
(b) Replacement of the safety links with modified safety links
in accordance with Boeing Service Bulletin 747-71-2206, dated April
16, 1987; or Boeing Service Bulletin 747-71-2206, Revision 1, dated
November 12, 1987, as revised by Boeing Notice of Status Change No.
747-71-2206 NSC 1, dated December 4, 1987, and Boeing Notice of
Status Change No. 747-71-2206 NSC 2, dated March 17, 1988;
constitutes terminating action for the repetitive inspection
requirements of this AD.
(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, 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.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Seattle 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 inspections, replacement, and follow-on actions shall be
done in accordance with Boeing Alert Service Bulletin 747-71A2277,
dated November 29, 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, as of February 16, 1996 (61 FR
3550, February 1, 1996). 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.
(f) This amendment is effective on February 16, 1996.
Issued in Renton, Washington, on March 6, 1996.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 96-5856 Filed 3-12-96; 8:45 am]
BILLING CODE 4910-13-U
Complete official Federal Register PDF
FR Doc. 96-5705 Supplemental Security Income for the Aged, Blind, and Disabled; Continuation of Full Benefit Standard for Persons Temporarily Institutionalized
[Federal Register Volume 61, Number 50 (Wednesday, March 13, 1996)]
[Rules and Regulations]
[Pages 10274-10280]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5705]
=======================================================================
-----------------------------------------------------------------------
SOCIAL SECURITY ADMINISTRATION
20 CFR Part 416
RIN 0960-AC55
Supplemental Security Income for the Aged, Blind, and Disabled;
Continuation of Full Benefit Standard for Persons Temporarily
Institutionalized
AGENCY: Social Security Administration.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: These final rules are being issued to reflect section 3 of the
Employment Opportunities for Disabled Americans Act and section 9115 of
the Omnibus Budget Reconciliation Act of 1987. These statutory
provisions amended the Social Security Act (the Act) to permit certain
recipients to receive payments based on the full supplemental security
income (SSI) benefit rate for a limited period after becoming residents
of medical or psychiatric institutions.
EFFECTIVE DATE: These final rules are effective May 13, 1996.
FOR FURTHER INFORMATION CONTACT: Lawrence V. Dudar, Legal Assistant,
Office of Regulations and Rulings, Social Security Administration, 3-B-
1 Operations Building, 6401 Security Boulevard, Baltimore, MD 21235,
(410) 965-1759.
SUPPLEMENTARY INFORMATION: SSI regulations generally require the
suspension of SSI benefits when a recipient is a resident of a public
institution throughout a month, except that the recipient may receive a
reduced benefit if he or she is a resident throughout a month in a
public or private institution where over 50 percent of the cost of care
is paid for by Medicaid. The following legislative provisions, however,
now allow for benefits based on the full SSI Federal benefit rate to
continue during months of residency in an institution under certain
circumstances.
Benefits Payable Based on Section 1611(e)(1)(E) of the Act
Section 3 of Public Law 99-643 (the Employment Opportunities for
Disabled Americans Act) added subparagraph (E) to section 1611(e)(1) of
the Act. Based on this added provision, a recipient, whose SSI
eligibility is based on section 1619 (a) or (b) of the Act for the
month preceding the first full month of residence in (1) a public
medical or psychiatric institution or (2) a public or private
institution where Medicaid is paying more than 50 percent of the cost
of care, can remain eligible for an SSI benefit based on the full
Federal benefit rate for up to 2 months after entering the institution.
This statutory provision also provides that payment is conditioned on
an agreement by the institution that these benefits are to be retained
by the recipient and cannot be used to defray the cost of institutional
care.
Section 1902(o) of the Act requires that all State Medicaid plans
provide for disregarding any SSI payments paid by reason of section
1611(e)(1)(E) or 1611(e)(1)(G) of the Act in computing the post-
eligibility contribution of the individual to the cost of care.
Therefore, if the institution is receiving Medicaid payments for the
recipients, we will rely on the agreement the institution signed with
the State Medicaid agency to ensure that this condition is met.
Benefits Payable Based on Section 1611(e)(1)(G) of the Act
Section 9115 of Public Law 100-203 (the Omnibus Budget
Reconciliation Act of 1987) added subparagraph (G) to section
1611(e)(1) of the Act. Based on this added provision, a recipient is
eligible for continued benefits for up to 3 full months after entering
the institution if the following conditions are met:
1. A physician certifies that the recipient's stay in the
institution or facility is likely not to exceed 3 months;
2. The recipient demonstrates a need to continue to maintain and
provide for the expenses of a home or other living arrangement to which
he or she may return after leaving the facility; and
3. The recipient was eligible for Federal SSI cash benefits or
federally administered State supplementation in the month before the
month benefits would otherwise be reduced or suspended because of
residence in an institution.
The following policies implement the provisions of section
1611(e)(1)(G) of the Act.
We state in these final rules at Sec. 416.212(b) that, in order for
a recipient to be eligible for these benefits, the physician's
certification and the evidence of the need to pay home or living
arrangement expenses must be submitted to the Social Security
Administration (SSA) no later than the day of discharge or the 90th
full day of confinement, whichever is earlier. We will determine the
date of submission to be the date we receive it or, if mailed, the date
of the postmark. This time frame for submission of the needed evidence
to establish eligibility for continued payments represents what we
believe is the best balance between the statutory language and
Congressional intent that:
[[Page 10275]]
The benefits are payable ``without interruption;''
The physician's statement must be ``anticipatory'' (i.e.,
based on an expectation rather than accomplished fact); and,
The Commissioner will assist recipients in establishing
eligibility for the payments.
We will encourage recipients to submit the necessary evidence as early
as possible to facilitate our administration of the provision.
Section 1611(e)(1)(H) allows, but does not require, the
Commissioner to enter into agreements with outside agencies and
organizations for making the determinations required under section
1611(e)(1)(G) or for providing information or assistance in connection
with making such determinations. We are not exercising the option at
this time.
Final Rules Applicable to Both Categories of Benefits
These final rules include the following policy provisions that are
applicable to both categories of benefits:
1. We will compute a recipient's benefits under sections
1611(e)(1)(E) and 1611(e)(1)(G) of the Act on the basis of the
permanent living arrangement used to compute benefits for the month
immediately prior to the first month the recipient is otherwise subject
to suspension under Sec. 416.1325 or subject to a reduced benefit
amount under Sec. 416.414 because of residence in an institution. All
the Federal income provisions (including living arrangements, in-kind
support and maintenance, and deeming) applicable to the recipient's
permanent living arrangement will continue to apply for the period in
which benefits are payable while in the institution. This also means
that we will compute the benefits as an eligible couple (instead of as
two eligible individuals) for months in which either benefit is being
paid to one member of the couple.
Section 1611(e)(1)(E) of the Act originally was interpreted and
implemented as requiring the computation of benefits under section
1611(e)(1)(E) to be based on a living arrangement in the institution.
Under such an interpretation, the section 1611(e)(1)(E) benefits were
not subject to the in-kind support and maintenance and deeming of
income provisions that applied before the person was institutionalized
and which apply when computing benefits under section 1611(e)(1)(G).
This computation could increase the benefits paid under section
1611(e)(1)(E) as compared to the benefits paid prior to
institutionalization. To ensure the payment of section 1611(e)(1)(E)
benefits comparable to those paid before institutionalization (and
comparable to benefits payable under section 1611(e)(1)(G)), as of the
effective date of the final regulations, benefits under section
1611(e)(1)(E) will be computed based on the living arrangement existing
prior to institutionalization. Thus, all Federal living arrangement,
in-kind support and maintenance, and deeming provisions will continue
to apply for up to the first 2 full months of institutionalization.
We are delaying the effective date of the final rules for 60 days
after publication in the Federal Register in order to avoid a notice
problem for those individuals who already have been notified of section
1611(e)(1)(E) benefit amounts calculated under our prior practice. If
the effective date were not delayed, those individuals whose first full
month of institutionalization is the month in which the regulations are
published and who have one remaining month of eligibility under section
1611(e)(1)(E) would not be notified timely that their benefits would be
computed differently for each of the 2 months under section
1611(e)(1)(E). For those individuals, benefits for their first full
month of institutionalization will be computed based on a living
arrangement in the institution. Benefits for the second full month of
institutionalization will be computed based on the living arrangement
existing prior to institutionalization. The delayed effective date of
the final rules will enable us to timely notify our field offices of
the regulatory change, and will provide field office personnel with
sufficient time to identify and notify the affected individuals before
the effective date of the change.
We also are amending the rules on temporary absence from a living
arrangement at Sec. 416.1149 to show that these recipients are
``temporarily absent'' from their permanent living arrangement. This
living arrangement as a computation basis will not extend past the last
month that section 1611(e)(1)(E) or section 1611(e)(1)(G) benefits are
payable or, if the recipient is discharged in the month following the
last month of eligibility for section 1611(e)(1)(E) or section
1611(e)(1)(G) benefits, past the date of discharge. In the event the
recipient remains institutionalized and becomes eligible for a reduced
benefit, the temporary absence ends, and we will consider the
institution as the permanent living arrangement. The computation basis
will no longer include factors (e.g., deemed income) which were
applicable in the recipient's last permanent living arrangement.
We are amending Secs. 416.1147, 416.1149, and 416.1167 to reflect
the temporary absence rules applicable to the treatment of in-kind
support and maintenance and deeming of income and resources for these
two types of benefits. We are also amending Secs. 416.410, 416.412,
416.413, and 416.414 both to reference the extension of full benefit
eligibility to institutionalized recipients under sections
1611(e)(1)(E) and 1611(e)(1)(G) and to update and include the full
Federal yearly benefit rate applicable in recent years to an eligible
individual, qualified individual, and an eligible couple. In
Sec. 416.212(a)(1), we substituted the word ``under'' for the phrase
``for benefits based on'' because an individual who is eligible under
section 1619(b) of the Act does not receive cash benefits, but only
acquires a special eligibility status for purposes of establishing or
maintaining eligibility for Medicaid.
2. The new Secs. 416.212(a)(2) and 416.212(c) state the policy
barring reimbursement to an institution for a recipient's current
maintenance (excepting, of course, reimbursement of expenditures for
personal needs) from the benefits authorized under section
1611(e)(1)(E) and section 1611(e)(1)(G) of the Act.
Section 1611(e)(1)(E) prohibits payment of benefits unless the
institution agrees to permit the recipient to retain any benefits paid
under this section. If the institution is receiving Medicaid payments
for the recipient, we rely on the agreement the institution signed with
the State Medicaid agency to ensure this condition is enforced.
However, section 1611(e)(1)(G) does not specifically require that the
recipient be permitted to retain the benefits payable under that
section, as does section 1611(e)(1)(E). The legislative history is
clear, however, that Congress intended that the benefits payable under
section 1611(e)(1)(G) be available for maintenance of the recipient's
home or living arrangement and not for paying the institution for the
cost of the recipient's current maintenance except reimbursement of
expenditures for personal needs. Moreover, as noted above, section
1902(o) of the Act requires that all State Medicaid plans provide for
disregarding any SSI payments paid by reason of section 1611(e)(1)(E)
or 1611(e)(1)(G) of the Act in computing the post-eligibility
contribution of the individual to the cost of care. Consequently, to
permit institutions to secure these benefits would appear to negate the
purpose of
[[Page 10276]]
the legislation and, in the case of Medicaid institutions, to be in
conflict with section 1902(o) of the Act. Based on this intent and
section 1902(o), we are extending the prohibition on the payment of
benefits to, or the use of benefits by, an institution to defray
current maintenance costs, except personal needs items, to benefits
payable under section 1611(e)(1)(G). This prohibition concerning
benefits payable under the two sections will be implemented as follows.
In view of Congressional intent that benefits payable under
sections 1611(e)(1)(E) and 1611(e)(1)(G) of the Act be used for meeting
expenses outside the institution, the new Secs. 412.212(a)(2) and
416.212(c) provide that an institution must allow the recipient to
retain those benefits. The institution can only be reimbursed for
nominal costs it may have incurred for the recipient's personal needs
such as personal hygiene items, snacks, and candy to the extent not
covered by Medicaid. We believe that payment to the institution for
these costs is not inconsistent with sections 1611(e)(1)(E) and
1611(e)(1)(G). However, reimbursement is not permitted beyond personal
needs.
The current Sec. 416.640(c) prohibits a representative payee from
reimbursing an institution from SSI benefits for the current
maintenance costs of an institutionalized recipient when Medicaid pays
to the institution more than 50 percent of the cost of the individual's
care. In the previously published notice of proposed rulemaking, we had
proposed to amend Sec. 416.640 (b) and (c) to repeat the prohibition on
reimbursement for current maintenance costs (with the exception of
personal needs) for recipients who are receiving benefits payable under
sections 1611(e)(1)(E) and 1611(e)(1)(G). However, to avoid unnecessary
duplication, we have revised Sec. 416.640 (b) and (c) in these final
regulations simply to include cross references in those sections to the
new Sec. 416.212.
3. We are amending Sec. 416.2040 to reflect that for States whose
supplementation programs are federally administered under the authority
of section 1616(a) of the Act and/or section 212 of Public Law 93-66,
institutionalized recipients receiving benefits under either section
1611(e)(1)(E) or section 1611(e)(1)(G) can continue to be eligible to
receive the optional/mandatory State supplementary payments. In
addition, a recipient who would be eligible for benefits authorized
under Sec. 416.212 but for countable income which reduces his or her
Federal SSI benefit to zero may still be eligible to receive a
federally administered State supplementary payment. Non-federally
administered States will elect whether institutionalized beneficiaries
receiving Federal benefits under either section 1611(e)(1)(E) or
section 1611(e)(1)(G) will receive the same State supplementary payment
they received prior to the first full month of institutionalization or
the payment (if any) normally made in such circumstances.
We are extending eligibility for federally administered State
supplementation to recipients receiving benefits payable under the two
sections. With respect to federally administered optional State
supplementation, section 1616(b)(2) of the Act provides the
Commissioner with broad authority to adopt such ``. . . procedural or
other general administrative provisions, as the Commissioner of Social
Security finds necessary . . . to achieve efficient and effective
administration of both the program which he conducts under this title
and the optional State supplementation.'' The regulation at
Sec. 416.2005(d) provides similar authority for federally administered
mandatory State supplements. These authorities enable SSA to administer
statutory provisions that affect State supplementation in a fashion
fully in accord with their underlying Congressional intent. Congress,
when enacting section 1611(e)(1)(E) and section 1611(e)(1)(G), intended
that recipients not be disadvantaged financially when entering an
institution for a stay of short duration. To implement this intention,
we consider the recipient's living arrangement as not having changed
when computing the amount of the Federal benefit payable under sections
1611(e)(1)(E) and 1611(e)(1)(G). The same policies used for determining
the Federal benefit will be used to determine the State supplementary
payment. Thus, a recipient's living arrangement would not be considered
to have changed for purposes of determining the recipient's State
supplementary payment. This will ensure that the State supplementary
payments payable in the month prior to the first full month of
institutionalization will, subject to the income counting provisions,
continue through the months of institutionalization. Thus, we believe
that the policy will assist the Commissioner in achieving efficient and
effective administration of both the title XVI and State supplementary
payment programs, because continuing the State supplementary payments
will negate the need for field office intervention, with attendant
error potential.
In light of the above, it is reasonable to conclude that the
Commissioner exercise discretion and require, under the authority of
section 1616(b)(2) of the Act, States, whose State supplementary
payments are federally administered, to continue to supplement the full
benefit rate payable for months of hospitalization under both section
1611(e)(1)(E) and section 1611(e)(1)(G).
4. We are also amending Sec. 416.1325 of subpart M in part 416 to
show that benefits will not be suspended for months of residency in a
public institution if the recipient is eligible for benefits payable
under section 1611(e)(1)(E) or section 1611(e)(1)(G) of the Act for
those months. However, this amended rule is not being included in these
regulations and, instead, will be separately published as an interim
final rule in final regulations which recodify Subpart M entitled:
``Suspensions, Terminations, and Advance Notice of Unfavorable
Determinations.''
On September 28, 1992, we published a notice of proposed rulemaking
(NPRM) at 57 FR 44519 reflecting the provisions of the Employment
Opportunities for Disabled Americans Act and the Omnibus Budget
Reconciliation Act of 1987 that are described above. We received two
comments on the proposed regulations from State mental health agencies,
both of which endorsed the regulatory changes. Therefore, the proposed
rules are adopted as final regulations. However, we have made a number
of minor, nonsubstantive changes to the rules as written in the NPRM,
including updates on the amount of benefits payable, the change to
Sec. 416.640 which is discussed above, and a correction to a cross
reference to reflect the numerical redesignation of a section. We also
have deleted the benefit amounts payable in the years prior to 1994
since such information is generally not needed by the public.
Regulatory Procedures
Executive Order 12866
We have consulted with the Office of Management and Budget (OMB)
and determined that these rules do not meet the criteria for a
significant regulatory action under Executive Order 12866. Thus, they
were not subject to OMB review.
Paperwork Reduction Act
These final regulations contain information collection requirements
in Secs. 416.212(b)(1)(iii) and
[[Page 10277]]
416.212(b)(1)(iv). The Social Security Administration would normally
request clearance of this requirement (under the Paperwork Reduction
Act) by the Office of Management and Budget (OMB). However, we are not
doing so in this situation because we have already obtained OMB
clearance to collect this information under OMB control number 0960-
0516.
Public reporting burden for each of these collections of
information is estimated to average 5 minutes per response. This
includes the time it will take to read the instructions, gather the
necessary facts, and provide the information requested. The respondents
to the collection in paragraph (b)(1)(iii) will be physicians. The
respondents to the requirement in paragraph (b)(1)(iv) will be
recipients of SSI payments. We estimate that 60,000 people will provide
this information yearly. The total annual burden for both information
collections is therefore estimated to be 5,000 hours.
Regulatory Flexibility Act
We certify that these final regulations will not have a significant
economic impact on a substantial number of small entities because they
affect individuals. Therefore, a regulatory flexibility analysis, as
provided in Public Law 96-354, the Regulatory Flexibility Act, is not
required.
(Catalog of Federal Domestic Assistance Program No. 93.807,
Supplemental Security Income)
List of Subjects in 20 CFR Part 416
Administrative practice and procedure, Aged, Blind, Disability
benefits, Public Assistance programs, Supplemental Security Income
(SSI), Reporting and recordkeeping requirements, Social security.
Dated: February 28, 1996.
Shirley Chater,
Commissioner of Social Security.
For the reasons set forth in the preamble, subparts B, D, F, K, and
T of part 416 of chapter III of title 20 of the Code of Federal
Regulations are amended as follows:
PART 416--SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND
DISABLED
Subpart B--Eligibility
1. The authority citation for subpart B of part 416 continues to
read as follows:
Authority: Secs. 702(a)(5), 1110(b), 1602, 1611, 1614, 1615(c),
1619(a), 1631, and 1634 of the Social Security Act (42 U.S.C.
902(a)(5), 1310(b), 1381a, 1382, 1382c, 1382d(c), 1382h(a), 1383,
and 1383c); secs. 211 and 212, Pub. L. 93-66, 87 Stat. 154 and 155
(42 U.S.C. 1382 note); sec. 502(a), Pub. L. 94-241, 90 Stat. 268 (48
U.S.C. 1681 note); sec. 2, Pub. L. 99-643, 100 Stat. 3574 (42 U.S.C.
1382h note).
2. Section 416.202 is amended by revising paragraph (b)(4) to read
as follows:
Sec. 416.202 Who may get SSI benefits.
* * * * *
(b) * * *
(4) A child of armed forces personnel living overseas as described
in Sec. 416.216.
* * * * *
3. Section 416.211 is amended by revising paragraphs (a)(1) and (b)
to read as follows:
Sec. 416.211 You are a resident of a public institution.
(a) General rule. (1) Subject to the exceptions described in
paragraphs (b), (c), and (d) of this section and Sec. 416.212, you are
not eligible for SSI benefits for any month throughout which you are a
resident of a public institution as defined in Sec. 416.201. In
addition, if you are a resident of a public institution when you apply
for SSI benefits and meet all other eligibility requirements, you
cannot be eligible for benefits until the day of your release from the
institution. The amount of your SSI benefits for the month of your
release will be prorated (see subpart D of this part) beginning with
the date of your release.
* * * * *
(b) Exception--SSI benefits payable at a reduced rate. You may be
eligible for SSI benefits at a reduced rate described in Sec. 416.414,
if--
(1)(i) The public institution in which you reside throughout a
month is a medical care facility for which Medicaid (title XIX of the
Social Security Act) pays a substantial part (more than 50 percent) of
the cost of your care; or
(ii) You reside for part of a month in a public institution and the
rest of the month in a public institution or private medical facility
where Medicaid pays more than 50 percent of the cost of your care; and
(2) You are ineligible in that month for a benefit described in
Sec. 416.212 that is payable to a person temporarily confined in a
medical facility.
* * * * *
Secs. 416.212-416.215 [Redesignated as Secs. 416.213-416.216]
4. Sections 416.212 through 416.215 are redesignated as
Secs. 416.213 through 416.216 respectively and a new Sec. 416.212 is
added to read as follows:
Sec. 416.212 Continuation of full benefits in certain cases of medical
confinement.
(a) Benefits payable under section 1611(e)(1)(E) of the Social
Security Act. Subject to eligibility and regular computation rules (see
subparts B and D of this part), you are eligible for the benefits
payable under section 1611(e)(1)(E) of the Social Security Act for up
to 2 full months of medical confinement during which your benefits
would otherwise be suspended because of residence in a public
institution or reduced because of residence in a public or private
institution where Medicaid pays over 50 percent of the cost of your
care if--
(1) You were eligible under either section 1619(a) or section
1619(b) of the Social Security Act in the month before the first full
month of residence in an institution;
(2) The institution agrees that no portion of these benefits will
be paid to or retained by the institution excepting nominal sums for
reimbursement of the institution for any outlay for a recipient's
personal needs (e.g., personal hygiene items, snacks, candy); and
(3) The month of your institutionalization is one of the first 2
full months of a continuous period of confinement.
(b) Benefits payable under section 1611(e)(1)(G) of the Social
Security Act. (1) Subject to eligibility and regular computation rules
(see subparts B and D of this part), you are eligible for the benefits
payable under section 1611(e)(1)(G) of the Social Security Act for up
to 3 full months of medical confinement during which your benefits
would otherwise be suspended because of residence in a public
institution or reduced because of residence in a public or private
institution where Medicaid pays over 50 percent of the cost if--
(i) You were eligible for SSI cash benefits and/or federally
administered State supplementary payments for the month immediately
prior to the first full month you were a resident in such institution;
(ii) The month of your institutionalization is one of the first 3
full months of a continuous period of confinement;
(iii) A physician certifies, in writing, that you are not likely to
be confined for longer than 90 full consecutive days following the day
you entered the institution, and the certification is submitted to SSA
no later than the day of discharge or the 90th full day of confinement,
whichever is earlier; and
(iv) You need to pay expenses to maintain the home or living
arrangement to which you intend to return after institutionalization
and
[[Page 10278]]
evidence regarding your need to pay these expenses is submitted to SSA
no later than the day of discharge or the 90th full day of confinement,
whichever is earlier.
(2) We will determine the date of submission of the evidence
required in paragraphs (b)(1) (iii) and (iv) of this section to be the
date we receive it or, if mailed, the date of the postmark.
(c) Prohibition against using benefits for current maintenance. If
the recipient is a resident in an institution, the recipient or his or
her representative payee will not be permitted to pay the institution
any portion of benefits payable under section 1611(e)(1)(G) excepting
nominal sums for reimbursement of the institution for any outlay for
the recipient's personal needs (e.g., personal hygiene items, snacks,
candy). If the institution is the representative payee, it will not be
permitted to retain any portion of these benefits for the cost of the
recipient's current maintenance excepting nominal sums for
reimbursement for outlays for the recipient's personal needs.
Subpart D--Amount of Benefits
5. The authority citation for subpart D of part 416 is continues to
read as follows:
Authority: Secs. 702(a)(5), 1611 (a), (b), (c), and (e), 1612,
1617, and 1631 of the Social Security Act (42 U.S.C. 902(a)(5), 1382
(a), (b), (c), and (e), 1382a, 1382f, and 1383).
6. Section 416.410 is revised to read as follows:
Sec. 416.410 Amount of benefits; eligible individual.
The benefit under this part for an eligible individual (including
the eligible individual receiving benefits payable under the
Sec. 416.212 provisions) who does not have an eligible spouse, who is
not subject to either benefit suspension under Sec. 416.1325 or benefit
reduction under Sec. 416.414, and who is not a qualified individual (as
defined in Sec. 416.221) shall be payable at the rate of $5,640 per
year ($470 per month) effective for the period beginning January 1,
1996. This rate is the result of a 2.6 percent cost-of-living
adjustment (see Sec. 416.405) to the December 1995 rate. For the period
January 1, through December 31, 1995, the rate payable, as increased by
the 2.8 percent cost-of-living adjustment, was $5,496 per year ($458
per month). For the period January 1, through December 31, 1994, the
rate payable, as increased by the 2.6 percent cost-of-living
adjustment, was $5,352 per year ($446 per month). The monthly rate is
reduced by the amount of the individual's income which is not excluded
pursuant to subpart K of this part.
7. Section 416.412 is revised to read as follows:
Sec. 416.412 Amount of benefits; eligible couple.
The benefit under this part for an eligible couple (including
couples where one or both members of the couple are receiving benefits
payable under the Sec. 416.212 provisions), neither of whom is subject
to suspension of benefits based on Sec. 416.1325 or reduction of
benefits based on Sec. 416.414 nor is a qualified individual (as
defined in Sec. 416.221) shall be payable at the rate of $8,460 per
year ($705 per month), effective for the period beginning January 1,
1996. This rate is the result of a 2.6 percent cost-of-living
adjustment (see Sec. 416.405) to the December 1995 rate. For the period
January 1, through December 31, 1995, the rate payable, as increased by
the 2.8 percent cost-of-living adjustment, was $8,224 per year ($687
per month). For the period January 1, through December 31, 1994, the
rate payable, as increased by the 2.6 percent cost-of-living
adjustment, was $8,028 per year ($669 per month). The monthly rate is
reduced by the amount of the couple's income which is not excluded
pursuant to subpart K of this part.
8. Section 416.413 is revised to read as follows:
Sec. 416.413 Amount of benefits; qualified individual.
The benefit under this part for a qualified individual (defined in
Sec. 416.221) is payable at the rate for an eligible individual or
eligible couple plus an increment for each essential person (defined in
Sec. 416.222) in the household, reduced by the amount of countable
income of the eligible individual or eligible couple as explained in
Sec. 416.420. A qualified individual will receive an increment of
$2,820 per year ($235 per month), effective for the period beginning
January 1, 1996. This rate is the result of the 2.6 percent cost-of-
living adjustment (see Sec. 416.405) to the December 1995 rate, and is
for each essential person (as defined in Sec. 416.222) living in the
household of a qualified individual. (See Sec. 416.532.) For the period
January 1, through December 31, 1995, the rate payable, as increased by
the 2.8 percent cost-of-living adjustment, was $2,748 per year ($229
per month). For the period January 1, through December 31, 1994, the
rate payable, as increased by the 2.6 percent cost-of-living
adjustment, was $2,676 per year ($223 per month). The total benefit
rate, including the increment, is reduced by the amount of the
individual's or couple's income that is not excluded pursuant to
subpart K of this part.
9. Section 416.414 is amended by revising the introductory text of
paragraph (a) to read as follows:
Sec. 416.414 Amount of benefits; eligible individual or eligible
couple in a medical care facility.
(a) General rule. Except where the Sec. 416.212 provisions provide
for payment of benefits at the rates specified under Secs. 416.410 and
416.412, reduced SSI benefits are payable to persons and couples who
are in medical care facilities where more than 50 percent of the cost
of their care is paid by a State plan under title XIX of the Social
Security Act (Medicaid). This reduced SSI benefit rate also applies to
persons who are in medical care facilities where more than 50 percent
of the cost would have been paid by an approved Medicaid State plan but
for the application of section 1917(c) of the Social Security Act due
to a transfer of assets for less than fair market value. Persons and
couples to whom these reduced benefits apply are--
* * * * *
Subpart F--Representative Payment
10. The authority citation for subpart F of part 416 continues to
read as follows:
Authority: Secs. 702(a)(5), 1631 (a)(2) and (d)(1) of the Social
Security Act (42 U.S.C. 902(a)(5) and 1383 (a)(2) and (d)(1)).
11. Section 416.640 is amended by revising paragraphs (b) and (c)
to read as follows:
Sec. 416.640 Use of benefit payments.
* * * * *
(b) Institution not receiving Medicaid funds on beneficiary's
behalf. If a beneficiary is receiving care in a Federal, State, or
private institution because of mental or physical incapacity, current
maintenance will include the customary charges for the care and
services provided by an institution, expenditures for those items which
will aid in the beneficiary's recovery or release from the institution,
and nominal expenses for personal needs (e.g., personal hygiene items,
snacks, candy) which will improve the beneficiary's condition. Except
as provided under Sec. 416.212, there is no restriction in using SSI
benefits for a beneficiary's current maintenance in an institution. Any
payments remaining from SSI benefits may be used for a temporary period
to maintain the
[[Page 10279]]
beneficiary's residence outside of the institution unless a physician
has certified that the beneficiary is not likely to return home.
Example: A hospitalized disabled beneficiary is entitled to a
monthly benefit of $264. The beneficiary, who resides in a boarding
home, has resided there for over 6 years. It is doubtful that the
beneficiary will leave the boarding home in the near future. The
boarding home charges $215 per month for the beneficiary's room and
board.
The beneficiary's representative payee pays the boarding home
$215 (assuming an unsuccessful effort was made to negotiate a lower
rate during the beneficiary's absence) and uses the balance to
purchase miscellaneous personal items for the beneficiary. There are
no benefits remaining which can be conserved on behalf of the
beneficiary. The payee's use of the benefits is consistent with our
guidelines.
(c) Institution receiving Medicaid funds on beneficiary's behalf.
Except in the case of a beneficiary receiving benefits payable under
Sec. 416.212, if a beneficiary resides throughout a month in an
institution that receives more than 50 percent of the cost of care on
behalf of the beneficiary from Medicaid, any payments due shall be used
only for the personal needs of the beneficiary and not for other items
of current maintenance.
Example: A disabled beneficiary resides in a hospital. The
superintendent of the hospital receives $30 per month as the
beneficiary's payee. The benefit payment is disbursed in the
following manner, which would be consistent with our guidelines:
Miscellaneous canteen items........................................ $10
Clothing........................................................... 15
Conserved for future needs of the beneficiary...................... 5
* * * * *
Subpart K--Income
12. The authority citation for subpart K of part 416 continues to
read as follows:
Authority: Secs. 702(a)(5), 1602, 1611, 1612, 1613, 1614(f),
1621, and 1631 of the Social Security Act (42 U.S.C. 902(a)(5),
1381a, 1382, 1382a, 1382b, 1382c(f), 1382j, and 1383); sec. 211,
Pub. L. 93-66, 87 Stat. 154 (42 U.S.C. 1382 note).
13. Section 416.1147 is amended by revising paragraphs (b) and (d)
to read as follows:
Sec. 416.1147 How we value in-kind support and maintenance for a
couple.
* * * * *
(b) One member of a couple lives in another person's household and
receives food and shelter from that person and the other member of the
couple is in a medical institution. (1) If one of you is living in the
household of another person who provides you with both food and
shelter, and the other is temporarily absent from the household as
provided in Sec. 416.1149(c)(1) (in a medical institution that receives
substantial Medicaid payments for his or her care (Sec. 416.211(b))),
and is ineligible in the month for either benefit payable under
Sec. 416.212, we compute your benefits as if you were separately
eligible individuals (see Sec. 416.414(b)(3)). This begins with the
first full calendar month that one of you is in the medical
institution. The one living in another person's household is eligible
at an eligible individual's Federal benefit rate and one-third of that
rate is counted as income not subject to any income exclusions. The one
in the medical institution cannot receive more than the reduced benefit
described in Sec. 416.414(b)(3)(i).
(2) If the one member of the couple in the institution is eligible
for one of the benefits payable under the Sec. 416.212 provisions, we
compute benefits as a couple at the rate specified under Sec. 416.412.
However, if that one member remains in the institution for a full month
after expiration of the period benefits based on Sec. 416.212 can be
paid, benefits will be computed as if each person were separately
eligible as described under paragraph (c)(1) of this section. This
begins with the first calendar month after expiration of the period
benefits based on Sec. 416.212 can be paid.
* * * * *
(d) One member of a couple is subject to the presumed value rule
and the other member is in a medical institution.
(1) If one of you is subject to the presumed value rule and the
other is temporarily absent from the household as provided in
Sec. 416.1149(c)(1) (in a medical institution that receives substantial
Medicaid payments for his or her care (Sec. 416.211(b))), and is
ineligible in that month for either benefit payable under Sec. 416.212,
we compute your benefits as if both members of the couple are
separately eligible individuals (see Sec. 416.414(b)(3)). This begins
with the first full calendar month that one of you is in the medical
institution (see Sec. 416.211(b)). We value any food, clothing, or
shelter received by the one outside of the medical institution at one-
third of an eligible individual's Federal benefit rate, plus the amount
of the general income exclusion (Sec. 416.1124(c)(12)), unless you can
show that their value is less as described in Sec. 416.1140(a)(2). The
member of the couple in the medical institution cannot receive more
than the reduced benefit described in Sec. 416.414(b)(3)(i).
(2) If one of you is subject to the presumed value rule and the
other in the institution is eligible for one of the benefits payable
under Sec. 416.212, we compute the benefits as a couple at the rate
specified under Sec. 416.412. However, if the one in the institution
remains in the institution after the period benefits based on
Sec. 416.212 can be paid, we will compute benefits as if each member of
the couple were separately eligible as described in paragraph (d)(1) of
this section.
14. Section 416.1149 is amended by revising paragraphs (a) and
(c)(1) to read as follows:
Sec. 416.1149 What is a temporary absence from your living
arrangement.
(a) General. A temporary absence may be due to employment,
hospitalization, vacations, or visits. The length of time an absence
can be temporary varies depending on the reason for your absence. For
purposes of valuing in-kind support and maintenance under
Secs. 416.1130 through 416.1148, we apply the rules in this section. In
general, we will find a temporary absence from your permanent living
arrangement if you (or you and your eligible spouse)-
(1) Become a resident of a public institution, or a public or
private medical care facility where over 50 percent of the cost of care
is paid by Medicaid, and are eligible for the benefits payable under
Sec. 416.212; or
(2) Were in your permanent living arrangement for at least 1 full
calendar month prior to the absence and intend to, and do, return to
your permanent living arrangement in the same calendar month in which
you (or you and your spouse) leave, or in the next month.
* * * * *
(c) Rules for temporary absence in certain circumstances.
(1)(i) If you enter a medical care facility that receives
substantial Medicaid payments for your care (as described in
Sec. 416.211(b)) and you are not eligible for either benefit payable
under Sec. 416.212 (and you have not received such benefits during your
current period of confinement) and you intend to return to your prior
living arrangement (and you are eligible for the reduced benefits
payable under Sec. 416.414 for full months in the facility), we
consider this a temporary absence regardless of the length of your stay
in the facility. We use the rules that apply to your permanent living
arrangement to value any food, clothing, or shelter you receive during
the month (for which reduced benefits under Sec. 416.414 are not
payable) you enter or leave the facility.
[[Page 10280]]
During any full calendar month you are in the medical care facility,
you cannot receive more than the Federal benefit rate described in
Sec. 416.414(b)(1). We do not consider food or shelter provided during
a medical confinement to be income.
(ii) If you enter a medical care facility and you are eligible for
either benefit payable under Sec. 416.212, we also consider this a
temporary absence from your permanent living arrangement. We use the
rules that apply to your permanent living arrangement to value any
food, clothing, or shelter you receive during the month you enter the
facility and throughout the period you are eligible for these benefits.
We consider your absence to be temporary through the last month
benefits under Sec. 416.212 are paid unless you are discharged from the
facility in the following month. In that case, we consider your absence
to be temporary through the date of discharge.
* * * * *
15. Section 416.1167 is amended by revising paragraph (a) to read
as follows:
Sec. 416.1167 Temporary absences and deeming rules.
(a) General. During a temporary absence, we continue to consider
the absent person a member of the household. A temporary absence occurs
when--
(1) You, your ineligible spouse, parent, or an ineligible child
leaves the household but intends to and does return in the same month
or the month immediately following; or
(2) You enter a medical care facility and are eligible for either
benefit payable under Sec. 416.212. We consider your absence to be
temporary through the last month benefits under Sec. 416.212 were paid
unless you were discharged from the facility in the following month. In
that case, we consider your absence to be temporary through the date of
discharge.
* * * * *
Subpart T--State Supplementation Provisions; Agreement; Payments
16. The authority citation for subpart T of part 416 continues to
read as follows:
Authority: Secs. 702(a)(5), 1616, 1618, and 1631 of the Social
Security Act (42 U.S.C. 902(a)(5), 1382e, 1382g, and 1383); sec.
212, Pub. L. 93-66, 87 Stat. 155 (42 U.S.C. 1382 note); sec. 8 (a),
(b)(1)-(b)(3), Pub. L. 93-233, 87 Stat. 956 (7 U.S.C. 612c note,
1431 note and 42 U.S.C. 1382e note); secs. 1 (a)-(c) and 2(a),
2(b)(1), 2(b)(2), Pub. L. 93-335, 88 Stat. 291 (42 U.S.C. 1382 note,
1382e note).
17. Section 416.2040 is amended by revising paragraph (a) and
adding a new paragraph (c) to read as follows:
Sec. 416.2040 Limitations on eligibility.
* * * * *
(a) Inmate of public institution. A person who is a resident in a
public institution for a month, is ineligible for a Federal benefit for
that month under the provision of Sec. 416.211(a), and does not meet
the requirements for any of the exceptions in Sec. 416.211 (b), (c), or
(d), or Sec. 416.212, also shall be ineligible for a federally
administered State supplementary payment for that month.
* * * * *
(c) Recipient eligible for benefits under Sec. 416.212. A recipient
who is institutionalized and is eligible for either benefit payable
under Sec. 416.212 for a month or months may also receive federally
administered State supplementation for that month. Additionally, a
recipient who would be eligible for benefits under Sec. 416.212 but for
countable income which reduces his or her Federal SSI benefit to zero,
may still be eligible to receive federally administered State
supplementation.
[FR Doc. 96-5705 Filed 3-12-96; 8:45 am]
BILLING CODE 4190-29-P
Complete official Federal Register PDF
FR Doc. 96-5536 Chlorothalonil; Pesticide Tolerances
[Federal Register Volume 61, Number 50 (Wednesday, March 13, 1996)]
[Rules and Regulations]
[Pages 10280-10282]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5536]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[PP 0E3889, 2E4113, and 5E4538/R2210; FRL-5352-8]
RIN 2070-AC78
Chlorothalonil; Pesticide Tolerances
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final Rule.
-----------------------------------------------------------------------
SUMMARY: This document establishes tolerances for combined residues of
the fungicide chlorothalonil and it metabolite in or on the raw
agricultural commodities blueberries, filberts, and mushrooms. The
Interregional Research Project No. 4 (IR-4) requested the regulation to
establish a maximum permissible level for residues of the fungicide
pursuant to the Federal Food, Drug and Cosmetic Act (FFDCA).
EFFECTIVE DATE: This regulation becomes effective March 13, 1996.
ADDRESSES: Written objections and hearing requests, identified by the
document control number, [PP 0E3889, 2E4113, and 5E4538/R2210], may be
submitted to: Hearing Clerk (1900), Environmental Protection Agency,
Rm. M3708, 401 M St., SW., Washington, DC 20460. Fees accompanying
objections and hearing requests shall be labeled ``Tolerance Petition
Fees'' and forwarded to: EPA Headquarters Accounting Operations Branch,
OPP (Tolerance Fees), P.O. Box 360277M, Pittsburgh, PA 15251. A copy of
any objections and hearing requests filed with the Hearing Clerk should
be
[[Page 10281]]
identified by the document control number and submitted to: Public
Response and Program Resources Branch, Field Operations Division
(7506C), Office of Pesticide Programs, Environmental Protection Agency,
401 M St., SW., Washington, DC 20460. In person, bring copy of
objections and hearing requests to Rm. 1132, CM #2, 1921 Jefferson
Davis Hwy., Arlington, VA 22202.
A copy of objections and hearing requests filed with the Hearing
Clerk may also be submitted electronically by sending electronic mail
(e-mail) to: [email protected]. Copies of objections and
hearing requests must be submitted as an ASCII file avoiding the use of
special characters and any form of encryption. Copies of objections and
hearing requests will also be accepted on disks in WordPerfect 5.1 file
format or ASCII file format. All copies of objections and hearing
requests in electronic form must be identified by the docket number [PP
0E3889, 2E4113, and 5E4538/R2210]. No Confidential Business Information
(CBI) should be submitted through e-mail. Electronic copies of
objections and hearing requests on this rule may be filed online at
many Federal Depository Libraries. Additional information on electronic
submissions can be found below in this document.
FOR FURTHER INFORMATION CONTACT: By mail: Hoyt L. Jamerson,
Registration Division (7505W), Environmental Protection Agency, 401 M
St., SW., Washington, DC 20460. Office location and telephone number:
Sixth Floor, Crystal Station #1, 2800 Jefferson Davis Highway,
Arlington, VA 22202. (703) 308-8783, e-mail:
[email protected].
SUPPLEMENTARY INFORMATION: In the Federal Register of January 24, 1996
(61 FR 1884), EPA issued a proposed rule that gave notice that the
Interregional Research Project No. 4 (IR-4), New Jersey Agricultural
Experiment Station, P.O. Box 231, New Brunswick, NJ 08903, had
submitted pesticide petitions (PP) 0E3889, 2E4113, and 5E4538 to EPA on
behalf of the named Agricultural Experiment Stations. These petitions
requested that the Administrator, pursuant to section 408(e) of the
Federal Food, Drug and Cosmetic Act (FFDCA), 21 U.S.C. 346a(e) amend 40
CFR 180.275 by establishing tolerances for combined residues of the
fungicide chlorothalonil (tetrachloroisophthalonitrile) and its
metabolite 4-hydroxy-2,5,6-trichloroisophthalonitrile in or on certain
raw agricultural commodities, as follows:
1. PP 0E3889. Petition submitted on behalf of the Agricultural
Experiment Stations of Florida, Georgia, Kentucky, Louisiana, Michigan,
North Carolina, Oklahoma, Pennsylvania, South Carolina, Tennessee,
Texas, and Washington proposing a tolerance for blueberries at 1.0 part
per million (ppm).
2. PP 2E4113. Petition submitted on behalf of the Oregon
Agricultural Experiment Station proposing a tolerance for filberts at
0.1 ppm. The petitioner proposed that use of chlorothalonil on filberts
be limited to Oregon based on the geographical representation of the
residue data submitted. Additional residue data will be required to
expand the area of usage. Persons seeking geographically broader
registration should contact the Agency's Registration Division at the
address provided above.
3. PP 5E4538. Petition submitted on behalf of the Pennsylvania
Agricultural Experiment Station proposing a tolerance for mushrooms at
1.0 ppm.
There were no comments or requests for referral to an advisory
committee received in response to the proposed rule.
The data submitted with the proposals and other relevant material
have been evaluated and discussed in the proposed rule. Based on the
data and information considered, the Agency concludes that the
tolerances will protect the public health. Therefore, the tolerances
are established as set forth below.
Any person adversely affected by this regulation may, within 30
days after publication of this document in the Federal Register, file
written objections to the regulation and may also request a hearing on
those objections. Objections and hearing requests must be filed with
the Hearing Clerk, at the address given above (40 CFR 178.20). A copy
of the objections and/or hearing requests filed with the Hearing Clerk
should be submitted to the OPP docket for this rulemaking. The
objections submitted must specify the provisions of the regulation
deemed objectionable and the grounds for the objections (40 CFR
178.25). Each objection must be accompanied by the fee prescribed by 40
CFR 180.33(i). If a hearing is requested, the objections must include a
statement of the factual issue(s) on which a hearing is requested, the
requestor's contentions on such issues, and a summary of any evidence
relied upon by the objector (40 CFR 178.27). A request for a hearing
will be granted if the Administrator determines that the material
submitted shows the following: There is genuine and substantial issue
of fact; there is a reasonable possibility that available evidence
identified by the requestor would, if established, resolve one or more
of such issues in favor of the requestor, taking into account
uncontested claims or facts to the contrary; and resolution of the
factual issue(s) in the manner sought by the requestor would be
adequate to justify the action requested (40 CFR 178.32).
A record has been established for this rulemaking under docket
number [PP0E3889, 2E4113, and 5E4538/R2210] (including any objections
and hearing requests submitted electronically as described below). A
public version of this record, including printed, paper versions of
electronic comments, which does not include any information claimed as
CBI, is available for inspection from 8 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays. The public record is located
in Room 1132 of the Public Response and Program Resources Branch, Field
Operations Division (7506C), Office of Pesticide Programs,
Environmental Protection Agency, Crystal Mall #2, 1921 Jefferson Davis
Highway, Arlington, VA.
Written objections and hearing requests, identified by the document
number [PP 0E3889, 2E4113, and 5E4538/R2210], may be submitted to the
Hearing Clerk (1900), Environmental Protection Agency, Rm. 3708, 401 M
St., SW., Washington, DC 20460.
A copy of electronic objections and hearing requests filed with the
Hearing Clerk can be sent directly to EPA at:
opp-D[email protected]
A copy of electronic objections and hearing requests filed with the
Hearing Clerk must be submitted as an ASCII file avoiding the use of
special characters and any form of encryption.
The official record for this rulemaking, as well as the public
version, as described above will be kept in paper form. Accordingly,
EPA will transfer any copies of objections and hearing requests
received electronically into printed, paper form as they are received
and will place the paper copies in the official rulemaking record which
will also include all comments submitted directly in writing. The
official rulemaking record is the paper record maintained at the
address in ``ADDRESSES'' at the beginning of this document.
Under Executive Order 12866 (58 FR 51735, October 4, 1993), the
Agency must determine whether the regulatory action is ``significant''
and therefore subject to review by the Office of Management and Budget
(OMB) and the requirements of the Executive Order. Under section 3(f),
the order defines ``a
[[Page 10282]]
significant regulatory action'' as an action that is likely to result
in a rule (1) having an annual effect on the economy of $100 million or
more, or adversely and materially affecting a sector of the economy,
productivity, competition, jobs, the environment, public health or
safety, or State, local or tribal governments or communities (also
referred to as ``economically significant''); (2) creating serious
inconsistency or otherwise interfering with an action taken or planned
by another agency; (3) materially altering the budgetary impacts of
entitlement, grants, user fees, or loan programs or the rights and
obligations thereof; or (4) raising novel legal or policy issues
arising out of legal mandates, the President's priorities, or the
principles set forth in this Executive Order.
Pursuant to the terms of this Executive Order, EPA has determined
that this rule is not ``significant'' and is therefore not subject to
OMB review.
Pursuant to the requirements of the Regulatory Flexibility Act
(Pub. L. 96-354, 94 Stat. 1164, 5 U.S.C. 601-612), the Administrator
has determined that regulations establishing new tolerances or raising
tolerance levels or establishing exemptions from tolerance requirements
do not have a significant economic impact on a substantial number of
small entities. A certification statement to this effect was published
in the Federal Register of May 4, 1981 (46 FR 24950).
List of Subjects in 40 CFR Part 180
Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.
Dated: February 27, 1996.
Stephen L. Johnson,
Director, Registration Division, Office of Pesticide Programs.
Therefore, 40 CFR part 180 is amended as follows:
PART 180--[AMENDED]
1. The authority citation for Part 180 continues to read as
follows:
Authority: 21 U.S.C. 346a and 371.
2. In Sec. 180.275, by amending the table in paragraph (a) by
adding alphabetically the raw agricultural commodities blueberries and
mushrooms and by amending the table in paragraph (b), by adding
alphabetically the raw agricultural commodity filberts to read as
follows:
Sec. 180.275 Chlorothalonil; tolerances for residues.
(a) * * *
------------------------------------------------------------------------
Parts per
Commodities million
------------------------------------------------------------------------
* * * * *
Blueberries................................................. 1.0
* * * * *
Mushrooms................................................... 1.0
* * * * *
------------------------------------------------------------------------
(b) * * *
------------------------------------------------------------------------
Parts per
Commodities million
------------------------------------------------------------------------
* * * * *
Filberts.................................................... 0.1
* * * * *
------------------------------------------------------------------------
[FR Doc. 96-5536 Filed 3-12-96; 8:45 am]
BILLING CODE 6560-50-F
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