issue-1996-04-04•Federal Register final rules — 1996-04-04
Federal Register final rules — 1996-04-04
issue-1996-04-04Federal Register final rules — 1996-04-04Regulation
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. 96-8356 Drawbridge Operations; Eltham Drawbridge, Pamunkey River, West Point, VA
[Federal Register Volume 61, Number 66 (Thursday, April 4, 1996)]
[Rules and Regulations]
[Pages 14970-14971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8356]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD05-96-009]
RIN 2115-AE47
Drawbridge Operations; Eltham Drawbridge, Pamunkey River, West
Point, VA
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: At the request of the Virginia Department of Transportation
(VDOT), Commander, Fifth Coast Guard District is suspending existing
regulations for operation of the Eltham drawbridge on SR 33/30 across
the Pamunkey River, mile 1.0, at West Point, Virginia and issuing this
temporary final rule. This temporary final rule allows restricted
drawbridge openings for all vessels seven days a week throughout the
month of May. This is intended to help reduce motor vehicle traffic
delays and congestion on the roads and highways linked by this
drawbridge while the George P. Coleman Memorial Bridge is closed to
motor vehicle traffic while still providing for the reasonable needs of
navigation.
DATES: This temporary final rule is effective from May 1, 1996 through
May 31, 1996.
FOR FURTHER INFORMATION CONTACT:
Ann B. Deaton, Bridge Administrator, Fifth Coast Guard District, at
(804) 398-6222.
SUPPLEMENTARY INFORMATION:
Regulatory Information
A notice of proposed rulemaking (NPRM) was not issued for this
temporary final rule. This temporary final rule was requested by the
Virginia Department of Transportation in order to minimize traffic
delays during replacement of the Coleman Bridge. The Coast Guard
believes that this temporary final rule will impose only a minimal
burden of limited duration on navigation while reducing traffic delays.
For these reasons, the Coast Guard for good cause finds, under 5 U.S.C.
553(b)(3), that notice and public procedure on the notice prior to the
effective date of this temporary final rule would be contrary to the
public interest and are therefore not necessary.
Background and Purpose
Currently, 33 CFR 117.1023 provides that the Eltham Bridge shall
open on signal, except that, on Monday through Friday, it will open for
recreational vessels and commercial fishing vessels
[[Page 14971]]
only on the hour, and that it need not open for those vessels from 7 to
9 a.m., 12 noon to 1 p.m., and from 4 to 6 p.m. The Virginia Department
of Transportation (VDOT) has requested that the schedule be temporarily
amended to reduce the periods during which the Eltham Bridge must open
on signal. VDOT's request is based on the major rehabilitation project
and replacement of the superstructure of the George P. Coleman Bridge
(located downriver from the Eltham Bridge) across the York River at
Yorktown, Virginia. The Coleman Bridge will be closed to highway
traffic during the replacement of the twin main truss spans during the
month of May 1996. Highway traffic currently crossing the Coleman
Bridge will be detoured onto Route 33/30 to utilize the Eltham Bridge,
causing a considerable increase in highway traffic. Scheduled openings
of the bridge may result in significant traffic delays.
Discussion of Temporary Final Rule
Based on the above information, Commander, Fifth Coast Guard
District is suspending current 33 CFR 117.1023 and issuing this
temporary final rule, to be effective from May 1, 1996 through May 31,
1996. This temporary final rule will allow the Eltham drawbridge to
remain closed to all vessel traffic from 4 a.m. to 8 p.m., except that
it shall open at 10 a.m. and 2 p.m. for vessels waiting to pass. Public
vessels and vessels in an emergency involving danger to life or
property shall be passed at any time. The bridge will continue to open
on signal at all other times. The Coast Guard believes that this
temporary final rule will reduce motor vehicle traffic delays and
congestion on the roads and highways linked by this drawbridge during
the period of shutdown of the George P. Coleman Memorial Bridge while
still providing for the reasonable needs of navigation.
Regulatory Evaluation
This temporary final rule is not a significant regulatory action
under section 3(f) of Executive Order 12866 and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that order. It has not been reviewed by the Office of Management and
Budget under that order. It is not significant under the regulatory
policies and procedures of the Department of Transportation (DOT) (44
FR 11040; February 26, 1979). The Coast Guard expects the economic
impact of this temporary final rule to be so minimal that a full
Regulatory Evaluation under paragraph 10e of the regulatory policies
and procedures of DOT is unnecessary. This is a temporary final rule of
only local applicability and limited duration, and it will not
significantly disrupt maritime traffic.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this temporary final rule will have a
significant economic impact on a substantial number of small entities.
``Small entities'' may include (1) small businesses and not-for-profit
organizations that are independently owned and operated and are not
dominant in their fields and (2) governmental jurisdictions with
populations of less than 50,000.
This is a temporary final rule of only local applicability and
limited duration, and it will not significantly disrupt maritime
traffic. Because it expects the impact of this temporary final rule to
be minimal, the Coast Guard certifies under 5 U.S.C. 605(b) that this
temporary final rule will not have a significant economic impact on a
substantial number of small entities.
Collection of Information
This temporary final rule contains no collection-of-information
requirements under the Paperwork Reduction Act (44 U.S.C. 3501 et
seq.).
Federalism
The Coast Guard has analyzed this temporary final rule under the
principles and criteria contained in Executive Order 12612 and has
determined that this temporary final rule does not have sufficient
federalism implications to warrant the preparation of a Federalism
Assessment.
Environment
The Coast Guard considered the environmental impact of this
temporary final rule and concluded that, under paragraph 2.B.2 of
Commandant Instruction M16475.1B, this temporary final rule is
categorically excluded from further environmental documentation. A
``Categorical Exclusion Determination'' is available in the docket for
inspection or copying where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons set out in the preamble, the Coast Guard amends 33
CFR part 117 as follows:
PART 117--[AMENDED]
1. The authority citation for Part 117 continues to read as
follows:
Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 CFR 1.05-1(g); section
117.255 also issued under the authority of Pub. L. 102-587, 106
Stat. 5039.
Sec. 117.1023 [Suspended]
2. Section 117.1023 is suspended.
3. A new temporary section, Sec. 117.T1024 is added to read as
follows:
Sec. 117.T1024 Pamunkey River.
The draw of the Eltham Bridge (SR 33/30), mile 1.0, located in West
Point, Virginia, shall open on signal, except:
(a) From 4 a.m. to 8 p.m., the drawbridge need not open for the
passage of commercial or recreational vessels, except that it shall
open at 10 a.m. and 2 p.m. if one or more vessels are waiting to pass.
(b) Public vessels or vessels in an emergency involving danger to
life or property shall be passed at any time.
Dated: March 14, 1996.
N.V. Scurria,
Captain, U.S. Coast Guard, Commander, Fifth Coast Guard District,
Acting.
[FR Doc. 96-8356 Filed 4-3-96; 8:45 am]
BILLING CODE 4910-14-M
Complete official Federal Register PDF
FR Doc. 96-8335 Zones and Access Routes Within the Monterey Bay National Marine Sanctuary Where the Operation of Motorized Personal Water Craft Is Allowed
[Federal Register Volume 61, Number 66 (Thursday, April 4, 1996)]
[Rules and Regulations]
[Pages 14962-14964]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8335]
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[[Page 14963]]
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
15 CFR Part 922
[Docket No. 960321088-6088-01]
RIN 0648-XX58
Zones and Access Routes Within the Monterey Bay National Marine
Sanctuary Where the Operation of Motorized Personal Water Craft Is
Allowed
AGENCY: Sanctuaries and Reserves Division (SRD), Office of Ocean and
Coastal Resource Management (OCRM), National Ocean Service (NOS),
National Oceanic and Atmospheric Administration (NOAA), Department of
Commerce (DOC).
ACTION: Correcting amendments; Final rule.
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SUMMARY: The National Oceanic and Atmospheric Administration (NOAA) is
correcting discrepancies in the coordinates of several points that mark
the zones and access routes for operation of motorized personal water
craft in the Monterey Bay National Marine Sanctuary. NOAA is also
making several descriptive corrections to improve the descriptions of
the zones and access routes. Additionally, NOAA is slightly moving one
point of the boundary of the Moss Landing zone to make it coincide with
an existing Coast Guard bell buoy and to meet navigational
requirements.
EFFECTIVE DATE: April 4, 1996.
FOR FURTHER INFORMATION CONTACT: Scott Kathey at (408) 647-4251 or
Elizabeth Moore at (301) 713-3141.
SUPPLEMENTARY INFORMATION:
I. Background
In recognition of the national significance of the unique marine
environment centered around Monterey Bay, California, the Monterey Bay
National Marine Sanctuary (MBNMS or Sanctuary) was designated on
September 18, 1992. SRD issued final regulations, effective January 1,
1993, to implement the Sanctuary designation (now at 15 CFR Part 922,
Subpart M). The MBNMS regulations at 15 CFR 922.132 prohibit a
relatively narrow range of activities and make it unlawful for any
person to conduct them or cause them to be conducted. One of the
regulations restricts the operation of motorized personal water craft
within the Sanctuary to four zones and access routes located off the
harbors of the Sanctuary. The zones and access routes are described in
detail in 15 CFR Part 922, Subpart M, Appendix D.
NOAA is preparing to place buoys to mark the zones and make them
easier for operators to identify. In preparing for placement
operations, NOAA became aware of minor discrepancies in the coordinates
for two points in the Pillar Point zone and in the coordinates for one
point in the Santa Cruz zone. This document corrects those
discrepancies. Corrections are made because the listed coordinates for
identified Coast Guard navigational aids (identified in the zone
descriptions as key boundary points) are in error and do not reflect
the true position of those aids. Correcting the coordinates does not
diminish and in fact slightly increases the areas of the affected zones
compared to the incorrect coordinates. Also, in one instance, at Pillar
Point, a Coast Guard navigational aid in the form of a breakwater
entrance light and horn was misidentified as a breakwater buoy; this
document corrects that.
This document also makes several descriptive corrections to improve
the descriptions of the zones and access routes. For example, the
approximate-size descriptions of the areas of the Santa Cruz and Moss
Landing zones are corrected from three and five square nautical miles,
respectively, to five and six. As another example, because the
Sanctuary boundary does not include Pillar Point, Santa Cruz, Moss
Landing or Monterey harbors shoreward from their International
Collision at Sea regulation (Colreg.) demarcation lines (with the
exception of Moss Landing Harbor, where all of Elkhorn Slough east of
the Highway One Bridge is included within the Sanctuary boundary), NOAA
is clarifying that any launch ramp in those harbors may be used.
This document also moves one point of the boundary of the Moss
Landing zone approximately 300 yards northeast to make it coincide with
an existing Coast Guard bell buoy. The coordinates of Subpart M,
Appendix D (3)(e) are changed to those of the bell buoy that marks the
center of the ship channel leading into the harbor. NOAA has consulted
with the Coast Guard. This change is made because placement of a buoy
at the originally prescribed coordinates would unreasonably obstruct
the designed vessel traffic flow due to the very close proximity to the
existing bell buoy. Further, (1) the existing buoy is already familiar
to water craft operators and appears on NOAA nautical charts; (2) the
existing buoy is substantially larger and more visible under inclement
weather conditions than other marker buoys; (3) use of an existing buoy
reduces deployment and maintenance costs; and (4) use of the existing
buoy does not diminish and in fact slightly increases the area of the
affected zone.
II. Miscellaneous Rulemaking Requirements
Executive Order 12612: Federalism Assessment
NOAA has concluded that this regulatory action does not have
federalism implications sufficient to warrant the preparation of a
Federalism Assessment under Executive Order 12612.
Executive Order 12866: Regulatory Impact
This final rule has been determined to not be significant for the
purposes of Executive Order 12866.
Paperwork Reduction Act
The correcting amendments and final rule do not impose any
information collection requirement subject to review and approval by
OMB under the Paperwork Reduction Act of 1980, 44 U.S.C. 3500 et seq.
National Environmental Policy Act
NOAA has concluded that this regulatory action does not constitute
a major federal action significantly affecting the quality of the human
environment. Therefore, an environmental impact statement is not
required.
Administrative Procedure Act
(1) Correcting Amendments
Because the correcting amendments are corrections, no useful
purpose would be served by providing notice and opportunity for comment
or a 30-day delay in effective date. Accordingly, the Acting Deputy
Assistant Administrator for Ocean Services and Coastal Zone Management
under 5 U.S.C. 553(b)(B) and (d) for good cause finds that providing
notice and opportunity for comment and a 30-day delay in effective date
are unnecessary.
(2) Final Rule (Moving One Point of Boundary of Moss Landing Zone)
No useful purpose would be served by providing notice and
opportunity for comment on the minor movement of one point of the
boundary of the Moss Landing zone for the following reason. NOAA has
consulted with the Coast Guard, which has indicated it would not
approve placement of a buoy at the originally prescribed coordinates
because of the very close proximity to the existing bell buoy and the
resulting unreasonable obstruction of the designed vessel traffic flow.
NOAA concurs. Accordingly, NOAA, by
[[Page 14964]]
moving the point to the bell buoy, is moving the point the minimum
distance it can be moved to achieve the goal of having the point marked
by a buoy. The Acting Deputy Assistant Administrator for Ocean Services
and Coastal Zone Management under 5 U.S.C. 553(b)(B) for good cause
accordingly finds that providing notice and opportunity for comment is
unnecessary. Because this rule slightly increases the area of the
affected zone, it relieves a restriction and under 5 U.S.C. 553(d)(1)
is not subject to a 30-day delay in effective date.
List of Subjects in 15 CFR Part 922
Administrative practice and procedure, Coastal zone, Education,
Environmental protection, Marine resources, Natural resources,
Penalties, Recreation and recreation areas, Reporting and recordkeeping
requirements, Research.
(Federal Domestic Assistance Catalog Number 11.429 Marine Sanctuary
Program)
Dated: March 29, 1996.
David L. Evans,
Acting Deputy Assistant Administrator for Ocean Services and Coastal
Zone Management.
Accordingly, for the reasons set forth above, 15 CFR Part 922 is
amended as follows:
PART 922--[AMENDED]
1. The authority citation for part 922 continues to read as
follows:
Authority: 16 U.S.C. 1431 et seq.
Subpart M--Monterey Bay National Marine Sanctuary
2. Appendix D to Subpart M of Part 922 is amended by revising
paragraphs (1), (2), (3) and (4) to read as follows:
Appendix D to Subpart M of Part 922--Zones and Access Routes Within the
Sanctuary Where the Operation of Motorized Personal Watercraft is
Allowed
* * * * *
(1) The approximately one [1.0] NM2 area off Pillar Point
Harbor from harbor launch ramps, through harbor entrance to the
northern boundary of Zone One bounded by (a) 37 deg.29.6' N (flashing
5-second breakwater entrance light and horn located at the seaward end
of the outer west breakwater), 122 deg.29.1' W; (b) 37 deg.28.9' N
(bell buoy), 122 deg.29.0' W; (c) 37 deg.28.8' N, 122 deg.28' W; and
(d) 37 deg.29.6' N, 122 deg.28' W;
(2) The approximately five [5.0] NM2 area off of Santa Cruz
Small Craft Harbor from harbor launch ramps, through harbor entrance,
and then along a 100 yard wide access route southwest along a true
bearing of approximately 196 deg. (180 deg. magnetic) to the whistle
buoy at 36 deg.56.3' N, 122 deg.00.6' W. Zone Two is bounded by (a)
36 deg.55' N, 122 deg.02' W; (b) 36 deg.55' N, 121 deg.58' W; (c)
36 deg.56.5' N, 121 deg.58' W; and (d) 36 deg.56.5' N, 122 deg.02' W;
(3) The approximately six [6.0] NM2 area off of Moss Landing
Harbor from harbor launch ramps, through harbor entrance, and then
along a 100 yard wide access route due west to the eastern boundary of
Zone Three bounded by (a) 36 deg.50' N, 121 deg.49.3' W; (b) 36 deg.50'
N, 121 deg.50.8' W; (c) 36 deg.46.7' N, 121 deg.50.8' W; (d)
36 deg.46.7' N, 121 deg.49' W; (e) 36 deg.47.9' N (bell buoy),
121 deg.48.1' W; and (f) 36 deg.48.9' N, 121 deg.48.2' W; and
(4) The approximately five [5.0] NM2 area off of Monterey
Harbor from harbor launch ramps to the seaward end of the U.S. Coast
Guard Pier, and then along a 100 yard wide access route due north to
the southern boundary of Zone Four bounded by (a) 36 deg.38.7' N,
121 deg.55.4' W; (b) 36 deg.36.9' N, 121 deg.52.5' W; (c) 36 deg.38.3'
N, 121 deg.51.3' W; and (d) 36 deg.40' N, 121 deg.54.4' W.
[FR Doc. 96-8335 Filed 4-3-96; 8:45 am]
BILLING CODE 3510-08-M
Complete official Federal Register PDF
FR Doc. 96-8256 Use and Replacement Standards for Electronic Typewriters and Electronic Office Machines
[Federal Register Volume 61, Number 66 (Thursday, April 4, 1996)]
[Rules and Regulations]
[Pages 14978-14979]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8256]
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GENERAL SERVICES ADMINISTRATION
41 CFR Part 101-25
[FPMR Amendment E-277]
RIN 3090-AF91
Use and Replacement Standards for Electronic Typewriters and
Electronic Office Machines
AGENCY: Federal Supply Service, GSA.
ACTION: Final rule.
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SUMMARY: This regulation amends the Federal Property Management
Regulations (FPMR) to delete the use and replacement standards for
electronic typewriters and electronic office machines. Over time, these
instructions have become obsolete. Hence, it is no longer necessary to
retain these instructions in the FPMR. Removing these instructions from
the FPMR will carry out the principles of the National Performance
Review by unburdening all Federal agencies from unnecessary
regulations. It should be noted that the instructions pertaining to
office machines in Secs. 101-25.104, 101-25.104-1 and 101-25.106 are
being retained.
EFFECTIVE DATE: April 4, 1996.
FOR FURTHER INFORMATION CONTACT: Nicholas Economou, FSS Acquisition
Management Center at (703) 305-6936.
SUPPLEMENTARY INFORMATION: The General Services Administration (GSA)
has determined that this rule is not a significant regulatory action
for the purposes of Executive Order 12866. In addition, Section 553 of
the Administrative Procedures Act, requires that agencies publish a
general notice of proposed rulemaking in the Federal Register so that
the public has the opportunity to comment on the proposed rule.
However, the requirements of section 553 do not apply to the extent
that there is involved ``a matter relating to agency management or
personnel or to public property, loans, grants, benefits or contracts.
5 U.S.C. 553(a)(2).'' Since the subparts affected by this change deal
with property management, the exemption from publication for notice and
comment applies.
Regulatory Flexibility Act
The final rule is not required to be published in the Federal
Register for notice and comment. Therefore, the Regulatory Flexibility
Act does not apply.
List of Subjects in 41 CFR Part 101-25
Government property management.
For the reasons set out in the preamble, 41 CFR part 101-25 is
amended as follows:
PART 101-25--GENERAL
1. The authority citation for part 101-25 continues to read as
follows:
Authority: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c).
2. Section 101-25.301 is amended by revising paragraph (a) to read
as follows:
Sec. 101-25.301 General.
(a) This subpart prescribes minimum use standards for certain
Government-owned personal property which shall be applied by all
executive agencies. Additional criteria above these minimum standards
shall be established by each executive agency, limiting its property to
the minimum requirements necessary for the efficient functioning of the
particular office concerned. This subpart does not apply to automatic
data processing equipment (ADPE) which is covered in the Federal
Information Resources Management Regulation (FIRMR) (41 CFR Chapter
201).
* * * * *
3. Section 101-25.302-2 is amended by revising paragraph (d) to
read as follows:
Sec. 101-25.302-2 Filing cabinets.
* * * * *
(d) Shifting less active files, not transferable to approved
records centers, to fiberboard storage boxes, using filing cabinets
only when files are constantly used.
* * * * * *
Sec. 101-25.302-3 [Reserved]
4. Section 101-25.302-3 is removed and reserved.
Sec. 101-25.302-6 [Reserved]
5. Section 101-25.302-6 is removed and reserved.
6. Section 101-25.302-7 is revised to read as follows:
Sec. 101-25.302-7 Draperies.
Draperies are authorized for use where justified over other types
of window coverings on the basis of cost, insulation, acoustical
control, or maintenance of an environment commensurate with the purpose
for which the space is allocated. Determining whether the use of
draperies is justified is a responsibility of the agency occupying the
building or space involved after consultation with the agency operating
or managing the building. Authorized draperies shall be of non-
combustible or flame-resistant fabric as required in Sec. 101-20.105-1.
Sec. 101-25.403 [Reserved]
7. Section 101-25.403 is removed and reserved.
8. Section 101-25.404-1 is revised to read as follows:
Sec. 101-25.404-1 Limitation.
Nothwithstanding the provisions in Sec. 101-25.404, agencies shall
limit acquisition of new office furniture to essential requirements as
provided in Sec. 101-25.104. Replacement of correspondence filing
cabinets will be
[[Page 14979]]
governed by the provisions of Sec. 101-26.308.
Dated: December 27, 1995.
Thurman M. Davis, Sr.,
Acting Administrator of General Services.
[FR Doc. 96-8256 Filed 4-3-96; 8:45 am]
BILLING CODE 6820-24-M
Complete official Federal Register PDF
FR Doc. 96-8244 Fresh Cut Flowers and Fresh Cut Greens Promotion and Information Order; Suspension of Late Payment Charges
[Federal Register Volume 61, Number 66 (Thursday, April 4, 1996)]
[Rules and Regulations]
[Pages 14951-14952]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8244]
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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.
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Federal Register / Vol. 61, No. 66 / Thursday, April 4, 1996 / Rules
and Regulations
[[Page 14951]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1208
[AMS-FV-96-702 IFR]
Fresh Cut Flowers and Fresh Cut Greens Promotion and Information
Order; Suspension of Late Payment Charges
AGENCY: Agricultural Marketing Service (USDA).
ACTION: Interim final rule, suspension.
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SUMMARY: This interim final rule suspends, until April 30, 1996,
portions of the Fresh Cut Flowers and Fresh Cut Greens Promotion and
Information Order (Order) relating to assessment late payment charges.
This action allows the National PromoFlor Council (Council) to cease
levying late charges on past due assessments remitted by qualified
handlers during the period January 15, 1995, through April 30, 1996.
The suspension also permits the Council to refund late charges which
have been collected since January 15, 1995. The Council recommended
this suspension because it discovered that some qualified handlers were
unfamiliar with the new fresh cut flowers and greens program.
EFFECTIVE DATE: January 15, 1995, through April 30, 1996.
Comments must be received by May 6, 1996.
ADDRESSES: Interested persons are invited to submit written comments
concerning this interim final rule to: Research and Promotion Branch,
Fruit and Vegetable Division, Agricultural Marketing Service (AMS),
USDA, P.O. Box 96456, Room 2535-S, Washington, DC 20090-6456; fax (202)
205-2800. Three copies of all written material should be submitted, and
they will be made available for public inspection at the Research and
Promotion Branch during regular business hours. All comments should
reference the docket number and the date and page number of this issue
of the Federal Register
FOR FURTHER INFORMATION CONTACT: Sonia N. Jimenez, Research and
Promotion Branch, Fruit and Vegetable Division, AMS, USDA, P.O. Box
96456, Room 2535-S, Washington, D.C. 20090-6456; telephone (202) 720-
9915.
SUPPLEMENTARY INFORMATION: This interim final rule is issued under the
Fresh Cut Flowers and Fresh Cut Greens Promotion and Information Act of
1993 [Pub. L. 103-190], (7 U.S.C. 6801 et seq.) hereinafter referred to
as the Act.
This interim final rule has been issued in conformance with
Executive Order 12866.
This rule has been reviewed under Executive Order 12778, Civil
Justice Reform. This action suspends late charges on past due
assessments remitted by qualified handlers during the period January
15, 1995, through April 30, 1996. This rule will not preempt any State
or local laws, regulations, or policies, unless they present an
irreconcilable conflict with this rule.
The Act provides that administrative proceedings must be exhausted
before parties may file suit in court. Under Sec. 8 of the Act, a
person subject to the order may file a petition with the Secretary
stating that the order or any provision of the order, or any obligation
imposed in connection with the order, is not in accordance with law and
requesting a modification of the order or an exemption from the order.
The petitioner is afforded the opportunity for a hearing on the
petition. After such hearing, the Secretary will make a ruling on the
petition. The Act provides that the district courts of the United
States in any district in which a person who is a petitioner resides or
carries on business are vested with jurisdiction to review the
Secretary's ruling on the petition, if a complaint for that purpose is
filed within 20 days after the date of the entry of the ruling.
Regulatory Flexibility Act
Pursuant to requirements set forth in the Regulatory Flexibility
Act (RFA), the Administrator of AMS has considered the economic impact
of this action on small entities.
The purpose of the RFA is to fit regulatory actions to the scale of
business subject to such actions in order that small businesses will
not be unduly or disproportionately burdened.
Only those wholesale handlers, retail distribution centers,
producers, and importers who have annual sales of $750,000 or more of
cut flowers and greens and who sell those products to exempt handlers,
retailers, or consumers are considered qualified handlers and assessed
under the Order. There are approximately 900 wholesaler handlers, 150
importers, and 200 domestic producers who are qualified handlers.
The majority of these qualified handlers would be classified as
small businesses. Small agricultural service firms have been defined by
the Small Business Administration [13 CFR 121.601] as those having
annual receipts of less than $5 million.
The Administrator of the AMS has determined that this rule will not
have a significant economic impact on a substantial number of small
entities. This action benefits qualified handlers by preventing the
levy of later charges which they might otherwise be subject to.
In accordance with the Paperwork Reduction Act of 1995 [44 U.S.C.
Chapter 35], and OMB regulations [5 CFR Part 1320], the information
collection and recordkeeping requirements contained in this action were
submitted to the OMB and approved under OMB control number 0581-0093
and has an expiration date of January 31, 1997. This action adds no
additional reporting burden.
Background
The Order became effective on December 29, 1994 [59 CFR 67139].
During the first year of operation, the National PromoFlor Council
(Council) has discovered that some qualified handlers were unfamiliar
with the new fresh cut flowers and greens program. Consequently, such
qualified handlers have remitted their assessments late or failed to
remit their assessments, unknowingly subjecting themselves to late
payment charges. The Council believes that the late payment charges are
not serving their intended purpose of stimulating timely remittance of
assessments due. Instead the late payment charges have been applicable
to persons having difficulty adjusting their operations to conform with
the requirements of the new program and
[[Page 14952]]
those who were legitimately unaware of the program's existence.
This action suspends section 1208.52 of the Order and allows the
Council to cease levying late charges on past due assessments remitted
by handlers during the period January 15, 1995, through April 30, 1996.
This suspension also permits the Council to refund late charges which
have been collected since January 15, 1995.
Suspension of late charges only applies to past due assessments
remitted to the Board postmarked prior to midnight April 30, 1996.
Assessment payments postmarked and received after April 30, 1996, would
be subject to the late charges that would have been due had these
provisions not been suspended.
Based on available information, the Administrator of the AMS has
determined that the issuance of this rule will not have a significant
economic impact on a substantial number of small entities.
For the reasons set forth herein, the provisions of section 1208.52
of the Order are suspended for the period January 15, 1995, through
April 30, 1996.
After consideration of all relevant material, it is found that the
order provisions subject to this action do not tend to effectuate the
declared policy of the Act and are suspended for the period provide for
in this action.
Pursuant to the provisions in 5 U.S.C. 553, it is found and
determined that it is impracticable, unnecessary, and contrary to the
public interest to give preliminary notice prior to putting this action
into effect and that good cause exists for not postponing the effective
date of this action until 30 days after publication in the Federal
Register, because: (1) This action removes an economic burden from
qualified handlers; (2) this action will serve to encourage qualified
handlers with past due assessments to remit such assessments before the
April 30, 1996, close of the suspension period, thereby avoiding the
payment of late charges; and (3) payment of past due assessments by
such qualified handlers will enable them to come into compliance with
the Act and the Order.
A 30-day comment period is provided to allow interested persons to
respond to this action.
List of Subjects in 7 CFR Part 1208
Administrative practice and procedure, Advertising, Consumer
information, Marketing agreements, Cut flowers, Cut greens, Promotion,
Reporting and recordkeeping requirements.
For the reasons set forth in the preamble, 7 CFR Part 1208 is
amended as follows:
PART 1208--FRESH CUT FLOWERS AND FRESH CUT GREENS PROMOTION AND
INFORMATION ORDER
1. The authority citation for 7 CFR part 1208 continues to read as
follows:
Authority: 7 U.S.C. 6801 et seq.
Sec. 1208.52 [Suspended in part]
2. In Part 1208, section 1208.52 is suspended effective January 15,
1995, through April 30, 1996.
Dated: March 20, 1996.
Michael V. Dunn,
Assistant Secretary, Marketing and Regulatory Programs.
[FR Doc. 96-8244 Filed 4-3-96; 8:45 am]
BILLING CODE 3410-02-P
Complete official Federal Register PDF
FR Doc. 96-8223 Approval and Promulgation of Air Quality Implementation Plans; Rhode Island; Marine Vessel Rule
[Federal Register Volume 61, Number 66 (Thursday, April 4, 1996)]
[Rules and Regulations]
[Pages 14975-14978]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8223]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[RI-17-1-6968a; A-1-FRL-5405-1]
Approval and Promulgation of Air Quality Implementation Plans;
Rhode Island; Marine Vessel Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the State of Rhode Island. This revision contains a
regulation to reduce volatile organic compound (VOC) emissions from
marine vessel loading operations. The intended effect of this action is
to approve this regulation into the Rhode Island SIP. This action is
being taken in accordance with the Clean Air Act.
DATES: This action is effective June 3, 1996, unless notice is received
by May 6, 1996 that adverse or critical comments will be submitted. If
the effective date is delayed, timely notice will be published in the
Federal Register.
ADDRESSES: Comments may be mailed to Susan Studlien, Deputy Director,
Office of Ecosystem Protection, U.S. Environmental Protection Agency,
Region I, JFK Federal Building, Boston, MA 02203. Copies of the
documents relevant to this action are available for public inspection
during normal business hours, by appointment at the Office of Ecosystem
Protection, U.S. Environmental Protection Agency, Region I, One
Congress Street, 11th floor, Boston, MA; Air and Radiation Docket and
Information Center, U.S. Environmental Protection Agency, 401 M Street,
S.W., (LE-131), Washington, D.C. 20460; and Division of Air and
Hazardous Materials, Department of Environmental Management, 291
Promenade Street, Providence, RI 02908-5767.
FOR FURTHER INFORMATION CONTACT: Anne E. Arnold, (617) 565-3166.
SUPPLEMENTARY INFORMATION: On March 17, 1994, EPA received a formal
State Implementation Plan (SIP) submittal from the Rhode Island
Department of Environmental Management (DEM) containing the following
regulations:
--Regulation No. 30 ``Control of Volatile Organic Compounds (VOCs) from
Automobile Refinishing Operations''
--Regulation No. 31 ``Control of VOCs from Commercial and Consumer
Solvents''
--Regulation No. 32 ``Control of VOCs from Marine Vessel Loading
Operations''
--Regulation No. 33 ``Control of VOCs from Architectural Coatings and
Industrial Maintenance Coatings''
These regulations had been recently adopted as state law pursuant
to the reasonable further progress and VOC reasonably available control
technology (RACT) requirements of the Clean Air Act (CAA) [Sections
182(b)(1) and 182(b)(2)]. This direct final rulemaking notice addresses
only Rhode Island's marine vessel loading regulation. The other
regulations included in Rhode Island's SIP submittal will be addressed
in future rulemaking actions.
Background
Under the pre-amended Clean Air Act (i.e., the Clean Air Act before
the enactment of the amendments of November 15, 1990), ozone
nonattainment areas were required to adopt RACT rules for sources of
VOC emissions. EPA issued three sets of control technique guideline
(CTG) documents, establishing a ``presumptive norm'' for RACT for
various categories of VOC sources. The three sets of CTGs were: (1)
Group I--issued before January 1978 (15 CTGs); (2) Group II--issued in
1978 (9 CTGs); and (3) Group III--issued in the early 1980's (5 CTGs).
Those sources not covered by a CTG were called non-CTG sources. EPA
determined that the area's SIP-approved attainment date established
which RACT rules the area needed to adopt and implement. Under Section
172(a)(1), ozone nonattainment areas were generally required to attain
the ozone standard by December 31, 1982. Those areas that submitted an
attainment demonstration projecting attainment by that date were
required to adopt RACT for sources covered by the Group I and II CTGs.
Those areas that sought an extension of the attainment date under
Section 172(a)(2) to as late as December 31, 1987 were required to
adopt RACT for all CTG sources and for all major (i.e., 100 ton per
year or more of VOC emissions) non-CTG sources.
Under the pre-amended Clean Air Act, the entire State of Rhode
Island was designated as nonattainment for ozone and did not seek an
extension of the attainment date under Section 172(a)(2). Therefore,
the State was only required to adopt RACT for sources covered by the
Group I and II CTGs. In lieu of adopting some of the Group II CTG
regulations, however, Rhode Island adopted and submitted a regulation
[[Page 14976]]
covering all unregulated major (i.e., 100 ton per year or more of VOC
emissions) non-CTG sources. However, the State of Rhode Island did not
attain the ozone standard by the approved attainment date. On May 25,
1988, EPA notified the Governor of Rhode Island that portions of the
SIP were inadequate to attain and maintain the ozone standard and
requested that deficiencies in the existing SIP be corrected (EPA's
SIP-Call). Rhode Island adopted corrections to the State rules on
December 10, 1989 which were approved into the State SIP on September
30, 1991. On November 15, 1990, amendments to the Clean Air Act were
enacted. Public Law 101-549, 104 Stat. 2399, codified at 42 U.S.C.
7401-7671q. In Section 182(a)(2)(A) of the amended Act, Congress
adopted the requirement that pre-enactment ozone nonattainment areas
that retained their designation of nonattainment and were classified as
marginal or above fix their deficient RACT rules for ozone by May 15,
1991. All of Rhode Island was classified as serious nonattainment for
ozone. 56 FR 56694 (Nov. 6, 1991). The SIP revisions approved on
September 30, 1991 made Rhode Island's RACT rules consistent with
existing CTGs and no revisions were required to meet the fix-up
requirements.
Section 182(b)(2) of the amended Act requires States to adopt RACT
rules for all areas designated nonattainment for ozone and classified
as moderate or above. There are three parts to the Section 182(b)(2)
RACT requirement: (1) RACT for sources covered by an existing CTG--
i.e., a CTG issued prior to the enactment of the 1990 amendments to the
Act; (2) RACT for sources covered by a post-enactment CTG; and (3) all
major sources not covered by a CTG, i.e., non-CTG sources. This RACT
requirement applies to nonattainment areas that were previously exempt
from certain RACT requirements to ``catch up'' to those nonattainment
areas that became subject to such requirements during an earlier
period. In addition, it requires newly designated ozone nonattainment
areas to adopt RACT rules consistent with those for previously
designated nonattainment areas.
In response to the RACT ``catch-up'' requirement, on October 30,
1992, Rhode Island adopted/revised regulations for surface coating
operations, cutback asphalt, and pharmaceutical products (Regulations
19, 25, and 26, respectively). These rules were approved into the State
SIP on October 18, 1994 (59 FR 52427). However, under Section 182 of
the Act, the major source definition for serious nonattainment areas
was lowered to include sources that have a potential to emit 50 tons or
greater of VOCs per year. In response to this requirement, Rhode Island
lowered the applicability cutoff of its graphic arts and non-CTG
regulations (Regulations 21 and 15, respectively) to include newly
classified major sources in these categories. (See 60 FR 35361 for
EPA's proposed rulemaking action on Regulations 21 and 15.)
Also in response to the Act's requirement to regulate major VOC
sources, Rhode Island adopted Regulation No. 32 ``Control of VOCs from
Marine Vessel Loading Operations'' and submitted this rule to EPA as a
SIP revision on March 15, 1994. Rhode Island's Regulation No. 32, the
subject of today's action, is briefly summarized below.
Regulation No. 32 ``Control of VOCs From Marine Vessel Loading
Operations''
This regulation applies to any loading event in which an organic
liquid is loaded into marine tank vessels and to loading events in
which any liquid is loaded into a marine vessel's cargo tanks if the
most recent cargo held in those tanks was an organic liquid. The
regulation prohibits loading events to occur unless one of the
following conditions is met:
(1) VOC emissions do not exceed 2 pounds per 1000 barrels of liquid
loaded into the marine tank vessel; or
(2) VOC emissions are reduced by at least 95 percent by weight from
uncontrolled conditions if a recovery device is used or by at least 98
percent by weight from uncontrolled conditions if a combustion device
is used.
This regulation also limits the loading of marine tank vessels to
those vessels that are vapor tight.
Regulation No. 32 will reduce VOC emissions. VOCs contribute to the
production of ground level ozone and smog. This regulation was adopted
as part of an effort to achieve the National Ambient Air Quality
Standard (NAAQS) for ozone. The following is EPA's evaluation of Rhode
Island's Air Pollution Control Regulation Number 32.
EPA's Evaluation of Rhode Island's Submittal
In determining the approvability of a VOC rule, EPA must evaluate
the rule for consistency with the requirements of the Act and EPA
regulations, as found in Section 110 and Part D of the Act and 40 CFR
Part 51 (Requirements for Preparation, Adoption, and Submittal of
Implementation Plans). EPA's interpretation of these requirements,
which forms the basis for today's action, appears in various EPA policy
guidance documents. The specific guidance relied on for this action is
referenced within the technical support document and this notice. For
the purpose of assisting State and local agencies in developing RACT
rules, EPA prepared a series of CTG documents. The CTGs are based on
the underlying requirements of the Act and specify presumptive norms
for RACT for specific source categories. EPA has not yet developed CTGs
to cover all sources of VOC emissions. Further interpretations of EPA
policy are found in, but not limited to, the following: (1) The
proposed Post-1987 ozone and carbon monoxide policy, 52 FR 45044
(November 24, 1987); (2) the document entitled, ``Issues Relating to
VOC Regulation Cutpoints, Deficiencies, and Deviations, Clarification
to Appendix D of November 24, 1987 Federal Register Notice,'' otherwise
known as the ``Blue Book'' (notice of availability was published in the
Federal Register on May 25, 1988); and (3) the ``Model Volatile Organic
Compound Rules for Reasonably Available Control Technology,'' (Model
VOC RACT Rules) issued as a staff working draft in June of 1992. In
general, these guidance documents have been set forth to ensure that
VOC rules are fully enforceable and strengthen or maintain the SIP.
In addition, Section 183(f) of the amended Act specifically
required EPA to promulgate RACT standards to reduce VOC emissions from
the loading and unloading of marine tank vessels. On September 19, 1995
(60 FR 48388), EPA promulgated both RACT and MACT (maximum achievable
control technology) standards for marine tank vessels.
EPA has evaluated Rhode Island's Regulation No. 32 and has found
that it is generally consistent with EPA's national rule for marine
tank vessels and other current EPA guidance. As such, EPA believes that
this regulation constitutes RACT for marine vessel loading operations.
Rhode Island's regulation and EPA's evaluation are detailed in a
memorandum, dated September 28, 1995, entitled ``Technical Support
Document--Rhode Island--Marine Vessel Rule.'' Copies of that document
are available, upon request, from the EPA Regional Office listed in the
ADDRESSES section of this document.
EPA is publishing this action without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comments. However, in a separate document in this Federal
Register publication, EPA is proposing to
[[Page 14977]]
approve the SIP revision should adverse or critical comments be filed.
This action will be effective June 3, 1996 unless adverse or critical
comments are received by May 6, 1996.
If the EPA receives such comments, this action will be withdrawn
before the effective date by publishing a subsequent notice that will
withdraw the final action. All public comments received will then be
addressed in a subsequent final rule based on this action serving as a
proposed rule. The EPA will not institute a second comment period on
this action. Any parties interested in commenting on this action should
do so at this time. If no such comments are received, the public is
advised that this action will be effective on June 3, 1996.
Final Action
EPA is approving Rhode Island's Regulation No. 32 ``Control of
Volatile Organic Compounds from Marine Vessel Loading Operations'' into
the Rhode Island SIP.
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et. seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. 603 and 604.
Alternatively, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
SIP approvals under Section 110 and subchapter I, Part D of the
CAA do not create any new requirements, but simply approve requirements
that the State is already imposing. Therefore, because the federal SIP-
approval does not impose any new requirements, I certify that it does
not have a significant impact on any small entities affected. Moreover,
due to the nature of the federal-state relationship under the CAA,
preparation of a regulatory flexibility analysis would constitute
federal inquiry into the economic reasonableness of state action. The
CAA forbids EPA to base its actions concerning SIPs on such grounds.
Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976);
42 U.S.C. 7410 (a)(2).
Under Sections 202, 203, and 205 of the Unfunded Mandates Reform
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22,
1995, EPA must undertake various actions in association with proposed
or final rules that include a Federal mandate that may result in
estimated costs of $100 million or more to the private sector, or to
State, local, or tribal governments in the aggregate.
Through submission of this state implementation plan or plan
revision, the State and any affected local or tribal governments have
elected to adopt the program provided for under Section 182(b) of the
Clean Air Act. These rules may bind State, local and tribal governments
to perform certain actions and also require the private sector to
perform certain duties. The rules being approved by this action will
impose no new requirements because the affected sources are already
subject to these regulations under State law. Accordingly, no
additional costs to State, local, or tribal governments, or to the
private sector, result from this action. EPA has also determined that
this final action does not include a mandate that may result in
estimated costs of $100 million or more to State, local, or tribal
governments in the aggregate or to the private sector.
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for
Air and Radiation. The Office of Management and Budget (OMB) has
exempted this regulatory action from review under Executive Order
12866.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any State implementation plan. Each request for revision to
the State implementation plan shall be considered separately in light
of specific technical, economic, and environmental factors and in
relation to relevant statutory and regulatory requirements.
Under Section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by June 3, 1996. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See Section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Incorporation by reference, Ozone, Reporting and recordkeeping
requirements.
Note: Incorporation by reference of the State Implementation
Plan for the State of Rhode Island was approved by the Director of
the Federal Register on July 1, 1982.
Dated: January 12, 1996.
John P. DeVillars,
Regional Administrator, Region I.
Part 52 of chapter I, title 40 of the Code of Federal Regulations
is amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart OO--Rhode Island
2. Section 52.2070 is amended by adding paragraph (c)(43) to read
as follows:
Sec. 52.2070 Identification of plan.
* * * * *
(c) * * *
(43) Revisions to the State Implementation Plan submitted by the
Rhode Island Department of Environmental Management on March 15, 1994.
(i) Incorporation by reference.
(A) Letter from the Rhode Island Department of Environmental
Management dated March 15, 1994 submitting a revision to the Rhode
Island State Implementation Plan.
(B) Rhode Island Department of Environmental Management, Division
of Air Resources, Air Pollution Control Regulation No. 32, ``Control of
Volatile Organic Compounds from Marine Vessel Loading Operations''
effective in the State of Rhode Island on March 31, 1994, with the
exception of Section 32.2.2 which Rhode Island did not submit as part
of the SIP revision.
(ii) Additional materials.
(A) Nonregulatory portions of the submittal.
3. In Sec. 52.2081, Table 52.2081 is amended by adding a new state
citation ``No. 32'' to read as follows:
Sec. 52.2081 EPA--approved Rhode Island state regulations
* * * * *
[[Page 14978]]
Table 52.2081.--EPA-Approved Rules and Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
Date Date
State citation Title/subject adopted approved FR citation 52.2070 Comments/unapproved sections
by State by EPA
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
No. 32........... Marine Vessels............... 3/11/94 4/4/96 60 FR 14978......... (c)(43)........... All of No. 32 is approved with the
exception of Section 32.2.2 which
Rhode Island did not submit as part
of the SIP revision.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
[FR Doc. 96-8223 Filed 4-3-96; 8:45 am]
BILLING CODE 6560-50-P
Complete official Federal Register PDF
FR Doc. 96-8221 Arizona Visibility Federal Implementation Plan Corrective Revision
[Federal Register Volume 61, Number 66 (Thursday, April 4, 1996)]
[Rules and Regulations]
[Pages 14974-14975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8221]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[AD-FRL-5446-7]
Arizona Visibility Federal Implementation Plan Corrective
Revision
AGENCY: Environmental Protection Agency (U.S. EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The EPA hereby promulgates revisions to the visibility Federal
implementation plan (FIP) for the State of Arizona to correct errors in
internal cross-references within the existing regulations addressing
control requirements at the Navajo Generating Station, adopted to
protect visibility at the Grand Canyon National Park. The rules being
corrected were published in the Federal Register on October 3, 1991.
The internal cross-reference errors occur in the compliance
determination procedures at 40 CFR 52.145(d)(3).
DATES: This action will be effective on June 3, 1996 unless adverse or
critical comments are received by May 6, 1996.
If the effective date is delayed, timely notice will be published
in the Federal Register.
ADDRESSES: Written comments must be submitted, in duplicate, to: Docket
No. A-96-12, U.S. Environmental Protection Agency, Air and Radiation
Docket and Information Center, Room M-1500 (6102), 401 M Street, SW,
Washington, DC 20460. The public comments should address only the
accuracy of EPA's corrections to the cross-referencing errors described
below. The EPA is not requesting public comment on the underlying
merits or substance of the final rules which are unaffected by the
technical corrections announced today.
The public docket for the rules issued on October 3, 1991 is A-89-
02A and the public docket for this corrective revision to the October
3, 1991 rules is A-96-12. The dockets are available for public
inspection and copying between 8:00 a.m. to 4:00 p.m., Monday through
Friday, at the U.S. Environmental Protection Agency's Air and Radiation
Docket and Information Center listed above. A reasonable fee may be
charged for copies.
FOR FURTHER INFORMATION CONTACT: Mr. Richard Damberg, U.S.
Environmental Protection Agency, Office of Air Quality Planning and
Standards (MD-15), Research Triangle Park, North Carolina 27711, (919)
541-5592.
SUPPLEMENTARY INFORMATION:
I. Background
The EPA previously issued rules establishing control requirements
for the Navajo Generating Station to protect visibility in the Grand
Canyon National Park (see 56 FR 50172-50187, October 3, 1991). The
rules were codified at 40 CFR 52.145(d).
The Salt River Project Agricultural Improvement and Power District,
the owner-operator of the Navajo Generating Station, subsequently
discovered errors in internal cross-references in the regulations and
notified EPA. The EPA reviewed the regulations and determined that the
rules codified at 40 CFR 52.145(d)(3), which address compliance
determination procedures, misidentify internal cross-references in five
locations. Specifically, the references in 52.145(d)(3)(v)-(vii) to the
outputs of 52.145(d)(3)(ii)-(v) should instead reference the outputs of
52.145(d)(3)(iii)-(vi), respectively. Accordingly, in this action, EPA
is correcting the five cross-references in 52.145(d)(3)(v)-(vii).
II. Administrative Requirements
A. Executive Order (E.O.) 12866
Section 3(f) of E.O. 12866 defines ``significant regulatory
action'' to mean any regulatory action that is likely to result in a
rule that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety or State, local, or tribal governments or communities;
(2) create a serious inconsistency or otherwise interfere with an
action taken or planned by another Agency;
(3) materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the E.O.
These corrective regulatory revisions are not a ``significant
regulatory action'' under the terms of E.O. 12866, and this regulatory
action was not reviewed by the Office of Management and Budget.
B. Paperwork Reduction Act
These corrective regulatory revisions do not contain any
information collection requirements subject to review by the Office of
Management and Budget under the Paperwork Reduction Act, 44 U.S.C.
3501, et seq.
C. Regulatory Flexibility Act (RFA)
Under the RFA, 5 U.S.C. sections 601-612, EPA must prepare, for
rules subject to notice-and-comment rulemaking, initial and final
regulatory flexibility analyses describing the impact on small
entities. Small entities include small businesses, organizations, and
governmental jurisdictions. However, the requirement of preparing such
analyses is inapplicable if EPA certifies that the rule will not, if
promulgated, have a significant economic impact on a substantial number
of small entities (see 5 U.S.C. 605(b)). These corrective regulatory
revisions do not establish any new or additional regulatory
requirements and will not impact small entities. Therefore, EPA
certifies that these revisions do not have a significant impact on a
substantial number of small entities, and the requirement to perform
regulatory flexibility analyses is inapplicable.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Pub.
L. No.
[[Page 14975]]
104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Today's rule contains no Federal
mandates (under the regulatory provisions of title II of the UMRA) for
State, local, or tribal governments or the private sector nor will
today's rule have a significant or unique affect on small governments.
Today's rule does not contain mandates, does not establish new
regulatory requirements and does not change the stringency or scope of
the existing regulations. Rather, as previously explained, today's rule
solely corrects errors in internal regulatory cross-references within
existing regulations.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Nitrogen dioxide,
Particulate matter, Carbon monoxide, Ozone, Lead, Sulfur oxides,
Reporting and recordkeeping requirements.
Dated: March 18, 1996.
Mary Nichols,
Assistant Administrator for Air and Radiation.
40 CFR part 52 is amended as follows:
PART 40--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
1. Section 52.145 is amended by revising paragraphs (d)(3)(v)
through (vii) to read as follows:
Sec. 52.145 Visibility protection.
* * * * *
(d) * * *
(3) * * *
(v) Sum, for all affected units, the products of the daily SO2
emission rate-electric energy generated (as calculated according to
paragraph (d)(3)(iii) of this section) for the boiler operating days
identified in paragraph (d)(3)(iv) of this section.
(vi) Sum, for all affected units, the daily electric energy
generated (recorded according to paragraph (d)(3)(i)of this section)
for the boiler operating days identified in paragraph (d)(3)(iv) of
this section.
(vii) Calculate the weighted plant-wide annual average SO2
emission rate by dividing the sum of the products determined according
to paragraph (d)(3)(v) of this section by the sum of the electric
energy generated determined according to paragraph (d)(3)(vi) of this
section.
* * * * *
[FR Doc. 96-8221 Filed 4-3-96; 8:45 am]
BILLING CODE 6560-50-P
Complete official Federal Register PDF
FR Doc. 96-8214 Suitland Research Room Closure
[Federal Register Volume 61, Number 66 (Thursday, April 4, 1996)]
[Rules and Regulations]
[Pages 14971-14972]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8214]
=======================================================================
-----------------------------------------------------------------------
NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
36 CFR Part 1253
RIN 3095-AA64
Suitland Research Room Closure
AGENCY: National Archives and Records Administration.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: Effective May 6, 1996, the National Archives and Records
Administration (NARA) will close the Suitland Research Room at the
Washington National Records Center and establish an appointment system
for using archival records remaining in the Washington National Records
Center. NARA will also establish new public use hours for records
center holdings at the Washington National Records Center. Use of the
research room has been declining as the archival records are moved from
the Washington National Records Center to archival facilities in
Washington, DC, and College Park, MD. After May 1, researcher use of
the remaining archival records is expected to be no more than three
visits per week.
EFFECTIVE DATE: May 6, 1996.
FOR FURTHER INFORMATION CONTACT: Sharon Fawcett, Director, User
Services Division, at (301) 713-6770.
SUPPLEMENTARY INFORMATION: Beginning May 6, 1996, researchers will be
[[Page 14972]]
required to make advance arrangements for the use of any archival
Federal records remaining in the Washington National Records Center.
The last archival records to be transferred from Suitland will close
for their move on August 30, 1996. Information on the availability of
archival records or advance arrangements to use archival records which
have not yet been closed for move preparation may be made by calling
the Suitland Reference Branch at (301) 457-7190, Monday through Friday,
8:00 a.m. to 4:30 p.m. Normally one day notice will be required. When
feasible same day arrangements may be made. Agencies or researchers
needing access to agency records stored at the Washington National
Records Center should continue to call (301) 457-7010 or (301) 457-7061
for appointments.
Shuttle service for researchers from the National Archives Building
in Washington, DC to the Washington National Records Center will be
discontinued after May 3, 1996.
NARA finds that it has good cause under the Administrative
Procedure Act (5 U.S.C. 553) to issue this regulation as a final rule
without prior notice and comment. It will not be cost-effective to
operate the research room on its current schedule, 8:00 a.m. to 4:30
p.m., Monday through Friday, for the expected use of the room. There
will be little or no impact on the public because archival records will
continue to be made available to researchers. In addition, NARA
considers this rule to be akin to a procedural rule which is exempt
from notice-and-comment under 5 U.S.C. 553b(3)(A).
This rule is not a significant rule for purposes of Executive Order
12866 and has not been reviewed by the Office of Management and Budget.
As required by the Regulatory Flexibility Act, it is hereby certified
that these regulatory amendments will not have a significant impact on
small business entities.
List of Subjects in 36 CFR Part 1253
Archives and records.
For the reasons set forth in the preamble, part 1253 of title 36 of
the Code of Federal Regulations is amended as follows:
PART 1253--LOCATION OF RECORDS AND HOURS OF USE
1. The authority citation for Part 1253 continues to read:
Authority: 44 U.S.C. 2104(a).
2. Section 1253.4 is revised to read as follows:
Sec. 1253.4 Washington National Records Center.
Washington National Records Center, 4205 Suitland Road, Suitland,
MD. Mailing address: Washington National Records Center, 4205 Suitland
Road, Washington, DC 20409-0002. Hours: 8:30 a.m. to 4 p.m., Monday
through Friday. From May 6, 1996, through August 30, 1996, appointments
may be made to use archival records at the Center by calling the
Suitland Reference Branch at (301) 457-7190.
Dated: March 27, 1996.
John W. Carlin,
Archivist of the United States.
[FR Doc. 96-8214 Filed 4-3-96; 8:45 am]
BILLING CODE 7515-01-P
Complete official Federal Register PDF
FR Doc. 96-8213 Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972; Amendment
[Federal Register Volume 61, Number 66 (Thursday, April 4, 1996)]
[Rules and Regulations]
[Pages 14966-14967]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8213]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Department of the Navy
32 CFR Part 706
Certifications and Exemptions Under the International Regulations
for Preventing Collisions at Sea, 1972; Amendment
AGENCY: Department of the Navy, DoD.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of the Navy is amending its certifications and
exemptions under the International Regulations for Preventing
Collisions at Sea, 1972 (72 COLREGS), to reflect that the Deputy
Assistant Judge Advocate General (Admiralty) of the Navy has determined
that USS MILIUS (DDG 69) is a vessel of the Navy which, due to its
special construction and purpose, cannot fully comply with certain
provisions of the 72 COLREGS without interfering with its special
function as a naval ship. The intended effect of this rule is to warn
mariners in waters where 72 COLREGS apply.
EFFECTIVE DATE: March 20, 1996.
FOR FURTHER INFORMATION CONTACT: Captain R. R. Pixa, JAGC, U.S. Navy,
Admiralty Counsel, Office of the Judge Advocate General, Navy
Department, 200 Stovall Street, Alexandria, VA 22332-2400, Telephone
number: (703) 325-9744.
SUPPLEMENTARY INFORMATION: Pursuant to the authority granted in 33
U.S.C. 1605, the Department of the Navy amends 32 CFR Part 706. This
amendment provides notice that the Deputy Assistant Judge Advocate
General (Admiralty) of the Navy, under authority delegated by the
Secretary of the Navy, has certified that USS MILIUS (DDG 69) is a
vessel of the Navy which, due to its special construction and purpose,
cannot fully comply with the following specific provisions of 72
COLREGS without interfering with its special function as a naval ship:
Annex I, paragraph 2(f)(i) pertaining to placement of the masthead
light or lights above and clear of all other lights and obstructions;
Annex I, paragraph 3(a) pertaining to the location of the forward
masthead light in the forward quarter of the vessel, and the horizontal
distance between the forward and after masthead lights; and, Annex I,
paragraph 3(c) pertaining to placement of task lights not less than two
meters from the fore and aft centerline of the ship in the athwartship
direction. The Deputy Assistant Judge Advocate General (Admiralty) has
also certified that the lights involved are located in closest possible
compliance with the applicable 72 COLREGS requirements.
Moreover, it has been determined, in accordance with 32 CFR Parts
296 and 701, that publication of this amendment for public comment
prior to adoption is impracticable, unnecessary, and contrary to public
interest since it is based on technical findings that the placement of
lights on this vessel in a manner differently from that prescribed
herein will adversely affect the vessel's ability to perform its
military functions.
List of Subjects in 32 CFR Part 706
Marine safety, Navigation (water), and Vessels.
PART 706--[AMENDED]
Accordingly, 32 CFR Part 706 is amended as follows:
1. The authority citation for 32 CFR Part 706 continues to read:
Authority: 33 U.S.C. 1605.
2. Table Four, Paragraph 15 of Sec. 706.2 is amended by adding the
following entry:
Sec. 706.2 Certifications of the Secretary of the Navy under Executive
Order 11964 and 33 U.S.C. 1605.--[Amended]
* * * * *
------------------------------------------------------------------------
Horizontal distance from
the fore and aft
Vessel No. centerline of the vessel
in the athwartship
direction
------------------------------------------------------------------------
* * * * *
USS MILIUS..................... DDG 69 1.93 meters.
------------------------------------------------------------------------
3. Table Four, Paragraph 16 of Sec. 706.2 is amended by adding the
following entry:
Sec. 706.2 Certifications of the Secretary of the Navy under Executive
Order 11964 and 33 U.S.C. 1605--[Amended]
* * * * *
------------------------------------------------------------------------
Obstruction angle relative
Vessel No. ship's headings
------------------------------------------------------------------------
* * * * *
USS MILIUS..................... DDG 69 102.30 thru 112.50 deg.
------------------------------------------------------------------------
4. Table Five of Sec. 706.2 is amended by adding the following
entry:
Sec. 706.2 Certifications of the Secretary of the Navy under Executive
Order 11964 and 33 U.S.C. 1605--[Amended]
* * * * *
[[Page 14967]]
Table Five
--------------------------------------------------------------------------------------------------------------------------------------------------------
After masthead
Masthead lights not Forward masthead light less than \1/
over all other light not in 2\ ship's length Percentage
Vessel No. lights and forward quarter of aft of forward horizontal
obstructions. annex ship. annex I, sec. masthead light. separation attained
I, sec. 2(f) 3(a) annex I, sec. 3(a)
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
USS MILIUS................................. DDG 69 X X X 20.4
--------------------------------------------------------------------------------------------------------------------------------------------------------
Dated: March 20, 1996.
Approved:
R.R. Pixa,
CAPT, JAGC, U.S. Navy, Depty Assistant Judge Advocate General
(Admiralty).
[FR Doc. 96-8213 Filed 4-3-96; 8:45 am]
BILLING CODE 3810-FF-P
Complete official Federal Register PDF
FR Doc. 96-8212 Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972; Amendment
[Federal Register Volume 61, Number 66 (Thursday, April 4, 1996)]
[Rules and Regulations]
[Pages 14967-14968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8212]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
32 CFR Part 706
Certifications and Exemptions Under the International Regulations
for Preventing Collisions at Sea, 1972; Amendment
AGENCY: Department of the Navy, DOD.
ACTION: Final Rule.
-----------------------------------------------------------------------
SUMMARY: The Department of the Navy is amending its certifications and
exemptions under the International Regulations for Preventing
Collisions at Sea, 1972 (72 COLREGS), to reflect that the Deputy
Assistant Judge Advocate General (Admiralty) of the Navy has determined
that USS PARCHE (SSN 683) is a vessel of the Navy which, due to its
special construction and purpose, cannot fully comply with certain
provisions of the 72 COLREGS without interfering with its special
functions as a naval vessel. The intended effect of this rule is to
warn mariners in waters where 72 COLREGS apply.
EFFECTIVE DATE: March 20, 1996.
FOR FURTHER INFORMATION CONTACT: Captain R. R. Pixa, JAGC, U.S. Navy,
Admiralty Counsel, Office of the Judge Advocate General, Navy
Department, 200 Stovall Street, Alexandria, VA 22332-2400; Telephone
number: (703) 325-9744.
SUPPLEMENTARY INFORMATION: Pursuant to the authority granted in 33
U.S.C. 1605, the Department of the Navy amends 32 CFR Part 706. This
amendment provides notice that the Deputy Assistant Judge Advocate
General (Admiralty) of the Navy, under authority delegated by the
Secretary of the Navy, has certified that USS PARCHE (SSN 683) is a
vessel of the Navy which, due to its special construction and purpose,
cannot comply fully with the following specific provisions of 72
COLREGS without interfering with its special function as a naval ship:
Rule 21(c), pertaining to the arc of visibility of the sternlight;
Annex I, section 2(a)(i), pertaining to the height of the masthead
light; Annex I, section 2(k), pertaining to the height and relative
positions of the anchor lights; and Annex I, section 3(b), pertaining
to the location of the sidelights. The Deputy Assistant Judge Advocate
General (Admiralty) has also certified that the aforementioned lights
are located in closest possible compliance with the applicable 72
COLREGS requirements.
Moreover, it has been determined, in accordance with 32 CFR Parts
296 and 701, that publication of this amendment for public comment
prior to adoption is impracticable, unnecessary, and contrary to public
interest since it is based on technical findings that the placement of
lights on this vessel in a manner differently from that prescribed
herein will adversely affect the vessel's ability to perform its
military functions.
List of Subjects in 32 CFR Part 706
Marine safety, Navigation (water), and Vessels.
PART 706--[AMENDED]
Accordingly, 32 CFR Part 706 is amended as follows:
1. The authority citation for 32 CFR Part 706 continues to read:
Authority: 33 U.S.C. 1605.
2. Table One of Sec. 706.2 is amended by revising the entry for USS
PARCHE as follows:
Sec. 706.2 Certifications of the Secretary of the Navy under Executive
Order 11964 and 33 U.S.C. 1605.
* * * * *
------------------------------------------------------------------------
Distance in meters
of forward
masthead light
Vessel No. below minimum
required height.
Sec. 2(a)(i)
Annex I
------------------------------------------------------------------------
* * * * *
USS PARCHE......................... SSN-683 3.58
* * * * *
------------------------------------------------------------------------
3. Table Three of 706.2 is amended by revising the entry for USS
PARCHE as follows:
Sec. 706.2 Certifications of the Secretary of the Navy under Executive
Order 11964 and 33 U.S.C. 1605.
* * * * *
[[Page 14968]]
Table 3
--------------------------------------------------------------------------------------------------------------------------------------------------------
Forward
Side lights Stern anchor Anchor lights
Masthead Side lights Stern light distance light, light, relationship of
lights arc arc of arc of inboard of distance height aft light to
Vessel No. of visibility; visibility; ship's forward of above hull forward light in
visibility; rule 21(b) rule 21(c) sides in stern in in meters; meters 2(K) annex
rule 21(a) meters 3(b) meters; 2(K) annex 1
annex 1 rule 21(c) 1
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
USS PARCHE........................ SSN-683 232 deg. 112.5 deg. 209 deg. 4.1 6.8 2.2 0.2 below.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Dated: March 20, 1996.
R.R. Pixa,
Captain, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General
(Admiralty).
[FR Doc. 96-8212 Filed 4-3-96; 8:45 am]
BILLING CODE 3810-FF-P
Complete official Federal Register PDF
FR Doc. 96-8211 Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972; Amendment
[Federal Register Volume 61, Number 66 (Thursday, April 4, 1996)]
[Rules and Regulations]
[Pages 14968-14969]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8211]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
32 CFR Part 706
Certifications and Exemptions Under the International Regulations
for Preventing Collisions at Sea, 1972; Amendment
AGENCY: Department of the Navy, DOD.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of the Navy is amending its certifications and
exemptions under the International Regulations for Preventing
Collisions at Sea, 1972 (72 COLREGS), to reflect that the Deputy
Assistant Judge Advocate General (Admiralty) of the Navy has determined
that USS KISKA (AE 35) is a vessel of the Navy which, due to its
special construction and purpose, cannot fully comply with certain
provisions of the 72 COLREGS without interfering with its special
functions as a naval ship. The intended effect of this rule is to warn
mariners in waters where 72 COLREGS apply.
EFFECTIVE DATE: March 21, 1996.
FOR FURTHER INFORMATION CONTACT: Captain R. R. Pixa, JAGC, U.S. Navy,
Admiralty Counsel, Office of the Judge Advocate General, Navy
Department, 200 Stovall Street, Alexandria, VA, 22332-2400, Telephone
number: (703) 325-9744.
SUPPLEMENTARY INFORMATION: Pursuant to the authority granted in 33
U.S.C. 1605, the Department of the Navy amends 32 CFR Part 706. This
amendment provides notice that the Deputy Assistant Judge Advocate
General (Admiralty) of the Navy, under authority delegated by the
Secretary of the Navy, has determined that certain navigation lights on
USS KISKA (AE 35), previously certified as not in compliance with 72
COLREGS, now comply with the applicable 72 COLREGS requirements.
Specifically, the forward masthead light has been relocated to comply
with Annex I, paragraph 3(a).
Moreover, it has been determined, in accordance with 32 CFR Parts
296 and 701, that publication of this amendment for public comment
prior to adoption is impracticable, unnecessary, and contrary to public
interest since it is based on technical findings that the placement of
lights on this vessel in a manner differently from that prescribed
herein will adversely affect the vessel's ability to perform its
military functions.
List of Subjects in 32 CFR Part 706
Marine safety, Navigation (water), and Vessels.
PART 706--[AMENDED]
Accordingly, 32 CFR Part 706 is amended as follows:
1. The authority citation for 32 CFR Part 706 continues to read:
Authority: 33 U.S.C. 1605.
2. Table Five of Sec. 706.2 is amended by deleting the following
entry for USS KISKA (AE 35):
Sec. 706.2 Certifications of the Secretary of the Navy under Executive
Order 11964 and 33 U.S.C. 1605.
* * * * *
Table Five
--------------------------------------------------------------------------------------------------------------------------------------------------------
After masthead
Masthead lights not over light less than \1/
all other lights and Forward masthead light not 2\ ship's length Percentage
Vessel No. obstructions. annex I, sec. in forward quarter of ship. aft of forward horizontal
2(f) annex I, sec. 3(a) masthead light. separation attained
annex I, sec. 3(a)
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
USS KISKA.......................... AE 35 ........................... ........................... X 98.9
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 14969]]
Dated: March 21, 1996.
R.R. Pixa,
Captain, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General
(Admiralty).
[FR Doc. 96-8211 Filed 4-3-96; 8:45 am]
BILLING CODE 3810-FF-P
Complete official Federal Register PDF
FR Doc. 96-8210 Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972; Amendment
[Federal Register Volume 61, Number 66 (Thursday, April 4, 1996)]
[Rules and Regulations]
[Page 14969]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8210]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
32 CFR Part 706
Certifications and Exemptions Under the International Regulations
for Preventing Collisions at Sea, 1972; Amendment
AGENCY: Department of the Navy, DOD.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of the Navy is amending its certifications and
exemptions under the International Regulations for Preventing
Collisions at Sea, 1972 (72 COLREGS), to reflect that the Deputy
Assistant Judge Advocate General (Admiralty) of the Navy has determined
that USS MOUNT HOOD (AE 29) is a vessel of the Navy which, due to its
special construction and purpose, cannot fully comply with certain
provisions of the 72 COLREGS without interfering with its special
functions as a naval ship. The intended effect of this rule is to warn
mariners in waters where 72 COLREGS apply.
EFFECTIVE DATE: March 20, 1996.
FOR FURTHER INFORMATION CONTACT: Captain R. R. Pixa, JAGC, U.S. Navy,
Admiralty Counsel, Office of the Judge Advocate General, Navy
Department, 200 Stovall Street, Alexandria, VA 22332-2400, Telephone
number: (703) 325-9744.
SUPPLEMENTARY INFORMATION: Pursuant to the authority granted in 33
U.S.C. 1605, the Department of the Navy amends 32 CFR Part 706. This
amendment provides notice that the Deputy Assistant Judge Advocate
General (Admiralty) of the Navy, under authority delegated by the
Secretary of the Navy, has determined that certain navigation lights on
USS MOUNT HOOD (AE 29), previously certified as not in compliance with
72 COLREGS, now comply with the applicable 72 COLREGS requirements.
Specifically, the forward masthead light has been relocated to comply
with Annex I, paragraph 3(a).
Moreover, it has been determined, in accordance with 32 CFR Parts
296 and 701, that publication of this amendment for public comment
prior to adoption is impracticable, unnecessary, and contrary to public
interest since it is based on technical findings that the placement of
lights on this vessel in a manner differently from that prescribed
herein will adversely affect the vessel's ability to perform its
military functions.
List of Subjects in 32 CFR Part 706
Marine safety, Navigation (water), and Vessels.
PART 706--[AMENDED]
Accordingly, 32 CFR Part 706 is amended as follows:
1. The authority citation for 32 CFR Part 706 continues to read:
Authority: 33 U.S.C. 1605.
2. Table Five of Sec. 706.2 is amended by deleting the following
entry for USS MOUNT HOOD (AE 29):
Sec. 706.2 Certifications of the Secretary of the Navy under Executive
Order 11964 and 33 U.S.C. 1605.
* * * * *
Table Five
--------------------------------------------------------------------------------------------------------------------------------------------------------
After masthead
Masthead lights not over light less than \1/
all other lights and Forward masthead light not 2\ ship's length Percentage
Vessel No. obstructions. annex I, sec. in forward quarter of ship. aft of forward horizontal
2(f) annex I, sec. 3(a) masthead light. separation attained
annex I, sec. 3(a)
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
USS MOUNT HOOD..................... AE 29 ........................... ........................... X 99
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Dated: March 20, 1996.
R.R. Pixa,
Capt., JAGC, U.S. Navy, Deputy Assistant Judge Advocate General
(Admiralty).
[FR Doc. 96-8210 Filed 4-3-96; 8:45 am]
BILLING CODE 3810-FF-P
Complete official Federal Register PDF
FR Doc. 96-8209 Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972; Amendment
[Federal Register Volume 61, Number 66 (Thursday, April 4, 1996)]
[Rules and Regulations]
[Pages 14969-14970]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8209]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
32 CFR Part 706
Certifications and Exemptions Under the International Regulations
for Preventing Collisions at Sea, 1972; Amendment
AGENCY: Department of the Navy, DOD.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of the Navy is amending its certifications and
exemptions under the International Regulations for Preventing
Collisions at Sea, 1972 (72 COLREGS), to reflect that the Deputy
Assistant Judge Advocate General (Admiralty) of the Navy has determined
that USS THE SULLIVANS (DDG 68) is a vessel of the Navy which, due to
its special construction and purpose, cannot fully comply with certain
provisions of the 72 COLREGS without interfering with its special
function as a naval ship. The intended effect of this rule is to warn
mariners in waters where 72 COLREGS apply.
EFFECTIVE DATE: March 20, 1996.
FOR FURTHER INFORMATION CONTACT: Captain R. R. Pixa, JAGC, U.S. Navy
Admiralty Counsel, Office of the Judge Advocate General, Navy
Department, 200 Stovall Street, Alexandria, VA 22332-2400, Telephone
number: (703) 325-9744.
SUPPLEMENTARY INFORMATION: Pursuant to the authority granted in 33
U.S.C. 1605, the Department of the Navy amends 32 CFR Part 706. This
amendment provides notice that the Deputy Assistant Judge Advocate
General (Admiralty) of the Navy, under authority delegated by the
Secretary of the Navy, has certified that USS THE SULLIVANS (DDG 68) is
a vessel of the Navy which, due to its special construction and
purpose, cannot fully comply with the following specific provisions of
72 COLREGS without interfering with its special function as a naval
ship: Annex I, paragraph 2(f)(i) pertaining to placement of the
masthead light or lights above and clear of all other lights and
obstructions; Annex I, paragraph 3(a) pertaining to the location of the
forward masthead light in the forward quarter of the vessel, and the
horizontal distance between the forward and after masthead lights; and,
Annex I, paragraph 3(c) pertaining to placement of task lights not less
than two meters
[[Page 14970]]
from the fore and aft centerline of the ship in the athwartship
direction. The Deputy Assistant Judge Advocate General (Admiralty) has
also certified that the lights involved are located in closest possible
compliance with the applicable 72 COLREGS requirements.
Moreover, it has been determined, in accordance with 32 CFR Parts
296 and 701, that publication of this amendment for public comment
prior to adoption is impracticable, unnecessary, and contrary to public
interest since it is based on technical findings that the placement of
lights on this vessel in a manner differently from that prescribed
herein will adversely affect the vessel's ability to perform its
military functions.
List of Subjects in 32 CFR Part 706
Marine safety, Navigation (water), and Vessels.
PART 706--[AMENDED]
Accordingly, 32 CFR Part 706 is amended as follows:
1. The authority citation for 32 CFR Part 706 continues to read:
Authority: 33 U.S.C. 1605.
2. Table Four, Paragraph 15 of Sec. 706.2 is amended by adding the
following entry:
Sec. 706.2 Certifications of the Secretary of the Navy under Executive
Order 11964 and 33 U.S.C. 1605--[Amended]
* * * * *
------------------------------------------------------------------------
Horizontal distance from
the fore and aft
Vessel No. centerline of the vessel
in the athwartship
direction
------------------------------------------------------------------------
* * * * *
USS THE SULLIVANS.............. DDG 68 1.87 meters.
------------------------------------------------------------------------
3. Table Four, Paragraph 16 of Sec. 706.2 is amended by adding the
following entry:
Sec. 706.2 Certifications of the Secretary of the Navy under Executive
Order 11964 and 33 U.S.C. 1605--[Amended]
* * * * *
------------------------------------------------------------------------
Obstruction angle relative
Vessel No. ship's headings
------------------------------------------------------------------------
* * * * *
USS THE SULLIVANS.............. DDG 68 103.06 thru 112.50 deg..
------------------------------------------------------------------------
4. Table Five of Sec. 706.2 is amended by adding the following
entry:
Sec. 706.2 Certifications of the Secretary of the Navy under Executive
Order 11964 and 33 U.S.C. 1605--[Amended]
* * * * *
Table Five
--------------------------------------------------------------------------------------------------------------------------------------------------------
After masthead
Masthead lights not Forward masthead light less than \1/
over all other light not in 2\ ship's length Percentage
Vessel No. lights and forward quarter of aft of forward horizontal
obstructions. annex ship. annex I, sec. masthead light. separation attained
I, sec. 2(f) 3(a) annex I, sec. 3(a)
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
USS THE SULLIVANS.......................... DDG 68 X X X 20.5
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Dated: March 20, 1996.
R.R. Pixa,
Capt., JAGC, U.S. Navy, Deputy Assistant Judge Advocate General
(Admiralty).
[FR Doc. 96-8209 Filed 4-3-96; 8:45 am]
BILLING CODE 3810-FF-P
Complete official Federal Register PDF
FR Doc. 96-8201 Service Contract Filing Requirements; Miscellaneous Revisions
[Federal Register Volume 61, Number 66 (Thursday, April 4, 1996)]
[Rules and Regulations]
[Page 14979]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8201]
=======================================================================
-----------------------------------------------------------------------
FEDERAL MARITIME COMMISSION
46 CFR Part 514
[Docket No. 95-08]
Service Contract Filing Requirements; Miscellaneous Revisions
AGENCY: Federal Maritime Commission.
ACTION: Final rule; correction.
-----------------------------------------------------------------------
SUMMARY: The Federal Maritime Commission is correcting errors in the
Exhibit II to Part 514 served with the Final Rule in this proceeding.
EFFECTIVE DATE: April 4, 1996.
FOR FURTHER INFORMATION CONTACT: Bryant L. VanBrakle, Director, Bureau
of Tariffs, Certification and Licensing, Federal Maritime Commission,
800 North Capitol Street NW., Washington, DC 20573, (202) 523-5796.
SUPPLEMENTARY INFORMATION: On February 6, 1996 the Federal Maritime
Commission (``Commission'') served its Final Rule in this proceeding,
which was published in the February 12, 1996 Federal Register.\1\
Appended to the Final Rule was an Exhibit II to 46 CFR Part 514
(``Exhibit''), which sets forth an example of the abbreviated format
service contract provided for by the Final Rule.
\1\ 61 FR 5308.
---------------------------------------------------------------------------
There were errors in the Exhibit included with the Final Rule. A
corrected copy reflecting the version published with the Proposed Rule
and intended to be adopted by the Commission in this proceeding \2\ is
attached to this errata notice.
\2\ 60 FR 27248 (May 23, 1995).
---------------------------------------------------------------------------
Joseph C. Polking,
Secretary.
Accordingly, the publication on February 12, 1996 of the final rule
is corrected as follows:
On page 5311, Exhibit II to part 514 is corrected to read as
follows:
Exhibit II to Part 514
Sample Abbreviated Format Service Contract
Service Contract No.: SC 1-95
FMC File No.: 50,000
Essentials Terms No.: ET 1-95
Amendment No.: ______
Service Contract Essential Terms Publication No.: 003
Tariff(s) of General Applicability No.: 001, 002
Carrier/Conference Name: Efficient Liner Transportation, Inc.
Carrier/Conference Address: 1227 Seaway Drive, Washington, DC 20573
and
Shipper Name: ABC Electronics Company
Shipper Address: 7221 Happiness Lane, New York, NY 10001
This is a service contract pursuant to the Shipping Act of 1984
(46 U.S.C. app. 1701 et seq.) and FMC rules at 46 CFR Part 514,
between ``CARRIER/CONFERENCE'' and ``SHIPPER'' parties named herein.
The contract parties certify that the terms set forth herein and the
essential terms as published in Carrier/Conference Service Contract
Essential Terms Tariff No. 003, ET No. 1-95, in the Federal Maritime
Commission's Automated Tariff Filing and Information System,
constitute the true and complete copy of all aspects of this
contract and are hereby incorporated by reference.
Further, shipper party named herein certifies its status and
that of any affiliate(s)/subsidiary(ies) named herein as (check
appropriate box(es):
NVOCC ______
Shippers' Association ______
Owner of Cargo ______
Other (Please specify) ______
Records maintained to support shipments under this service
contract are: bills of lading, shipping manifests, and other related
written correspondence between contract parties.
Contact person for records in the event of a request by the
Federal Maritime Commission: Efficient Liner Transportation, Inc.,
Traffic Manager, 1227 Seaway Drive, Washington, DC 20573, (202) 523-
5856.
----------------------------------------------------------------------
(Carrier/Conference Signature)
----------------------------------------------------------------------
Date
Efficient Liner Transportation, Inc.
----------------------------------------------------------------------
(Shipper Signature)
----------------------------------------------------------------------
Date
ABC Electronics Company
Affiliate of shipper: Quality Compact Discs, Inc.
Affiliate's address: 7221-A Happiness Lane, New York, NY 10001
[FR Doc. 96-8201 Filed 4-3-96; 8:45 am]
BILLING CODE 6730-01-M
Complete official Federal Register PDF
FR Doc. 96-8200 Operator Service Providers and Call Aggregators
[Federal Register Volume 61, Number 66 (Thursday, April 4, 1996)]
[Rules and Regulations]
[Pages 14979-14981]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8200]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 64
[CC Docket No. 94-158; FCC 96-75]
Operator Service Providers and Call Aggregators
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: The Commission adopted a combined Report and Order and Further
Notice of Proposed Rule Making which amends the Commission's rules and
policies governing operator service providers (OSPs) 1 and call
aggregators.2 The Report and Order amends the Commission's rules
to require branding 3 to the parties on both ends of a collect
call. The Report and Order also amends the Commission's rules to
establish minimum standards for aggregators to follow in routing and
handling emergency telephone calls. In addition, the Commission has
determined that it should not expand the definition of ``aggregator''
to apply to inmate-only phones at correctional institutions. The
Commission also made two minor administrative amendments the rules to
revise the title of Subpart G to include ``Telephone Operator
Services'' and to amend the rule that lists the Commission's address to
be posted at aggregator locations. These decisions are intended to
increase protection to consumers and provide them with information
necessary in making informed choices regarding operator service calls.
\1\ ``Provider of operator services means any common carrier
that provides operator services or any other person determined by
the Commission to be providing operator services.'' 47 CFR
Sec. 64.708(i).
\2\ An ``aggregator'' is ``any person that, in the ordinary
course of its operations, makes telephones available to the public
or to transient users of its premises, for interstate telephone
calls using a provider of operator services.'' Id. Sec. 64.708(b).
\3\ ``Call branding'' is the process by which an OSP audibly and
distinctly identifies itself to the consumer who uses its operator
services. See 47 U.S.C. 226(b)(1)(A); 47 CFR Sec. 64.703(a)(1).
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EFFECTIVE DATE: September 2, 1996.
FOR FURTHER INFORMATION CONTACT: Cathy Seidel, Enforcement Division,
Common Carrier Bureau, (202) 418-0960.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order in CC Docket No. 94-158 [FCC 96-75], adopted February 28,
1996 and released March 5, 1996. The full text of the Report and Order
is available for inspection and copying during normal business hours in
the FCC Reference Center, Room 239, 1919 M Street, N.W., Washington,
D.C. The complete text of this decision may also be purchased from the
Commission's duplicating contractor, International Transcription
Services, 2100 M Street, N.W., Suite 140, Washington, D.C. 20037 (202)
857-3800.
Paperwork Reduction Act
Public burden for collections of information is estimated to
average 2
[[Page 14980]]
seconds per response, including the time for reviewing instructions,
searching existing data sources, gathering and maintaining the data
needed, and completing and reviewing the collections of information.
Send comments regarding this burden estimate or any other aspect of the
collections of information including suggestions for reducing the
burden to the Federal Communications Commission, Records Management
Branch, Paperwork Reduction Project (3060-0666), Washington, D.C.
20554.
Summary of Report and Order
I. Background
1. On February 28, 1996, the Commission adopted a combined Report
and Order and Further Notice of Proposed Rule Making in Docket 94-158
(released March 5, 1996, FCC 96-75). The Report and Order amends the
rules to require branding to the parties on both ends of a collect
call. Prior rules required only branding to the party initiating an
operator service call. In addition, as required by the
Telecommunications Authorization Act of 1992 (TAA),4 the order
amends Commission rules to establish minimum standards for the routing
and handling of emergency telephone calls by aggregators. The
Commission also concluded that it should not expand the definition of
aggregator to apply to correctional institutions and should make no
changes in the treatment of entities that provide interstate
telecommunications services to prisons and other correctional
facilities. Finally, the Commission determined that it is in the public
interest to make two minor administrative amendments to Part 64, one to
expand the title of Subpart G and the other to change a portion of the
Commission's address which is listed in Section 64.703(b)(3).
\4\ Pub. L. No. 102-538, 106 Stat. 3533 (1992).
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II. Discussion
A. Section 64.708--Definition of ``Consumer'' When Branding Collect
Calls
2. Background and Proposal. Section 226(b)(1)(A) of the Act and
section 64.703(a)(1) of the Commission's rules require an OSP to
identify itself, audibly and distinctly, to the consumer at the
beginning of each telephone call and before the consumer incurs any
charge for the call.5 This identification is known as ``call
branding.'' Section 226(a)(4) of the Act and section 64.708(d) of the
Commission's rules define a ``consumer'' as ``a person initiating any
interstate telephone call using operator services.'' 6 The
question of which party to a collect call should be treated as the
``consumer,'' and is therefore entitled to branding, was not
specifically addressed in section 226 and the implementing regulations.
\5\ 47 U.S.C. 226(b)(1)(A); 47 CFR Sec. 64.703(a)(1).
\6\ 47 U.S.C. 226(a)(4); 47 CFR Sec. 64.708(d).
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3. After thoroughly considering the comments concerning its
proposal to expand the definition of a ``consumer'' in the collect
calling context to include both the calling party and the called party,
the Commission decided to adopt its proposed amendment. The Commission
recognized that collect calls involve two parties making choices: the
calling party chooses to place a collect call from the particular
telephone to the called party, while the called party decides whether
to accept the call and thereby incur the charges. Both of these parties
make decisions that require informed choices, and each may need
protection from unfair and deceptive OSP practices that may have an
impact on calling costs and call acceptance.7
\7\ Section 226 directed the Commission to conduct a rule making
proceeding to prescribe regulations to ensure that consumers are
protected from unfair and deceptive practices relating to their use
of operator services and to ensure that consumers have the
opportunity to make informed choices when placing operator service
calls. 47 U.S.C. 226(d)(1)(A), (B).
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4. Accordingly, the Commission modified section 64.708(d) of the
Commission's rules concerning the definition of ``consumer'' to add
that ``[i]n collect calling arrangements handled by a provider of
operator services, both the party on the originating end of the call
and the party on the terminating end of the call are consumers under
this definition.''
B. Section 64.706--Routing and Handling of Emergency Telephone Calls
5. The Commission also modified section 64.706 of the Commission's
rules concerning the minimum standards for the routing and handling of
emergency telephone calls. As revised, this section requires
aggregators, as well as providers of operator services, to ensure
immediate connection of the emergency call to the appropriate service
for the reported location of the emergency, if known, and, if not
known, for the originating location of the call. As the Commission
determined in CC Docket No. 90-313, it found here that it is not
necessary to prescribe more specific rules delineating the
responsibilities of OSPs and aggregators, and states are free to adopt
more stringent requirements. The Commission saw no need at this time to
impose more complex requirements on aggregators handling emergency
calls than are currently established for operator services providers.
The Commission noted, however, that responsibility for calls under this
regulation ultimately remains with the party or parties who actually
handle and route the calls rather than the parties who merely contract
out the operation of its telephones.
C. Treatment of Inmate-Only Telephones in Correctional Institutions
6. The Commission considered the comments concerning modification
of its regulatory treatment of inmate-only telephones in correctional
institutions and concluded that changes now would be premature. The
Commission stated that in view of the ``exceptional'' circumstances
presented by the correctional environment, which have not changed since
its Report and Order in CC Docket No. 90-313, 56 FR 18519 (April 23,
1991), it was not convinced that it should now require these services
to operate like ones that serve the general public. The Commission
expressed concern, however, about the apparently high rates that some
providers charge, which are ultimately borne by members of the general
public.8 It concluded, however, that action to modify Commission
rules so as to treat inmate-only phones in correctional institutions as
aggregator locations was not supported by the record in this
proceeding.
\8\ Calls from correctional institutions are usually made on a
collect basis to family members or other members of the general
public.
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D. Administrative Amendments: Title of Subpart G, Part 64; Section
64.703(b)(3)--Commission Address
7. No comments were filed concerning the Commission's proposal to
expand the Title of Subpart G, Part 64 to include ``Telephone Operator
Services.'' The Commission, therefore, found that this amendment is in
the public interest as a more complete description of the subject
matter encompassed by Subpart G, Part 64 and adopted the proposal.
8. The Commission also concluded that amendment of section
64.703(b)(3) to change a portion of the Commission's address to be
posted at aggregator locations from ``room 6202'' to ``Mail Stop
1600A2'' is in the public interest. This change is made necessary by
the change of the official Enforcement Division address and will allow
more efficient mail routing. Aggregators should make this address
change on the posted signage when they next update
[[Page 14981]]
that signage for other purposes, such as for the change of a
presubscribed OSP. This change is proper without prior public notice
under 47 CFR section 1.412 and 5 U.S.C. 553(b).
III. Ordering Clauses
9. Accordingly, it is ordered, pursuant to sections 1, 4(i), 4(j).
201-205, 218, and 226 of the Communications Act, 47 U.S.C. 151, 154(i),
154(j), 201-205, 218, 226, that Part 64 of the Commission's Rules, 47
CFR Part 64, are amended as set forth below.
10. It is further ordered that this Report and Order will be
effective sixty (60) days after publication of a summary thereof in the
Federal Register.
List of Subjects in 47 CFR Part 64
Communication common carriers, Reporting and recordkeeping
requirements, Telephone.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
Rules Changes
PART 64--MISCELLANEOUS RULES RELATING TO COMMON CARRIERS
Part 64 of Title 47 of the Code of Federal Regulations is amended
as follows:
1. The authority citation for Part 64 continues to read as follows:
Authority: Sec. 4, 48 Stat. 1066, as amended, 47 U.S.C. 154,
unless otherwise noted. Interpret or apply secs. 201-4, 218, 225,
226, 227, 48 Stat. 1070, as amended, 1077; 47 U.S.C. 201, 218, 225,
226, 227, unless otherwise noted.
2. The title of Subpart G, Part 64 is revised to read as follows:
Subpart G--Furnishing of Enhanced Services and Customer-Premises
Equipment by Communications Common Carriers; Telephone Operator
Services
3. Section 64.703(b)(3) is revised to read as follows:
Sec. 64.703 Consumer information.
* * * * *
(b) * * *
(3) The name and address of the Enforcement Division of the Common
Carrier Bureau of the Commission (FCC, Enforcement Division, CCB, Mail
Stop 1600A2, Washington, DC 20554), to which the consumer may direct
complaints regarding operator services.
* * * * *
4. Section 64.706 is revised to read as follows:
Sec. 64.706 Minimum standards for the routing and handling of
emergency telephone calls.
Upon receipt of any emergency telephone call, providers of operator
services and aggregators shall ensure immediate connection of the call
to the appropriate emergency service of the reported location of the
emergency, if known, and, if not known, of the originating location of
the call.
5. Section 64.708 is amended by revising paragraph (d) to read as
follows:
Sec. 64.708 Definitions.
* * * * *
(d) Consumer means a person initiating any interstate telephone
call using operator services. In collect calling arrangements handled
by a provider of operator services, both the party on the originating
end of the call and the party on the terminating end of the call are
consumers under this definition.
* * * * *
[FR Doc. 96-8200 Filed 4-3-96; 8:45 am]
BILLING CODE 6712-01-P
Complete official Federal Register PDF
FR Doc. 96-8198 Radio Broadcasting Services; Rosendale, NY
[Federal Register Volume 61, Number 66 (Thursday, April 4, 1996)]
[Rules and Regulations]
[Page 14981]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8198]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 73
[MM Docket No. 93-17; RM-8170]
Radio Broadcasting Services; Rosendale, NY
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: This document denies a Petition for Reconsideration filed by
State University of New York, licensee of noncommercial educational
Station WFNP, Channel *204A, Rosendale, New York, directed to the
Report and Order in this proceeding which denied its proposal to modify
the Station license to specify operation on Channel 273A. See 60 FR
54954, October 27, 1995. This document also dismisses a related
Emergency Request for Stay of FM Application Window. With this action,
the proceeding is terminated.
EFFECTIVE DATE: April 4, 1996.
FOR FURTHER INFORMATION CONTACT: Robert Hayne, Mass Media Bureau, (202)
418-2180.
SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's
Memorandum Opinion and Order in MM Docket No. 93-17, adopted March 14,
1996, and released March 28, 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 contractor, International
Transcription Service, Inc., (202) 857-3800, 1919 M Street, NW., Room
246, or 2100 M Street, NW., Suite 140, Washington, DC 20037.
List of Subjects in 47 CFR Part 73
Radio broadcasting.
Federal Communications Commission.
Douglas W. Webbink,
Chief, Policy and Rules Division, Mass Media Bureau.
[FR Doc. 96-8198 Filed 4-3-96; 8:45 am]
BILLING CODE 6712-01-F
Complete official Federal Register PDF
FR Doc. 96-8148 Indirect Food Additives: Polymers
[Federal Register Volume 61, Number 66 (Thursday, April 4, 1996)]
[Rules and Regulations]
[Pages 14964-14966]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8148]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
21 CFR Part 177
[Docket No. 88F-0339]
Indirect Food Additives: Polymers
AGENCY: Food and Drug Administration, HHS.
ACTION: Final rule.
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SUMMARY: The Food and Drug Administration (FDA) is amending the food
additive regulations to provide for the safe use of poly(oxy-1,2-
ethanediyloxycarbonyl-2,6-naphthalenediylcarbonyl) as the basic resin
in articles intended for use in contact with food. This action responds
to a petition filed by the Eastman Chemical Co.
DATES: Effective April 4, 1996; written objections and requests for a
hearing by May 6, 1996. The Director of the Office of the Federal
Register approves the incorporation by reference in accordance with 5
U.S.C. 552(a) and 1 CFR part 51 of a certain publication listed in new
Sec. 177.1637(b)(2), effective April 4, 1996.
ADDRESSES: Submit written objections to the Dockets Management Branch
(HFA-305), Food and Drug Administration, 12420 Parklawn Dr., rm. 1-23,
Rockville, MD 20857.
FOR FURTHER INFORMATION CONTACT: Richard H. White, Center for Food
Safety and Applied Nutrition (HFS-216), Food and Drug Administration,
200 C St. SW., Washington, DC 20204, 202-418-3094.
SUPPLEMENTARY INFORMATION: In a notice published in the Federal
Register of October 26, 1988 (53 FR 43272), FDA announced that a food
additive petition (FAP 8B4110) had been filed by the Eastman Kodak Co.,
Eastman Chemical Division, P.O. Box 511, Kingsport, TN 37662. The
petition proposed to amend the food additive regulations in part 177
Indirect Food Additives: Polymers (21 CFR part 177) to provide for the
safe use of poly(ethylene 2,6-naphthalene dicarboxylate) as a basic
resin in articles or as a component of articles intended for single use
or repeated use in contact with food.
Subsequent to the filing of the petition, the Eastman Kodak Co.,
Eastman Chemical Division, was reorganized to form Eastman Chemical
Co., an independent corporation. As a result of this reorganization,
FDA was informed that the Eastman Chemical Co. (same address) was the
petitioner of record for this food additive petition.
FDA has evaluated the data in the petition and other relevant
material. The agency concludes that the proposed use of the resin is
safe and that the food additive regulations should be amended by adding
new Sec. 177.1637 as set forth below. The agency has also determined,
with the petitioner's concurrence, that poly(oxy-1,2-
ethanediyloxycarbonyl-2,6-naphthalenediylcarbonyl) is a more accurate
and descriptive name for the resin that is the subject of the food
additive petition. Therefore, FDA is using this name to identify the
resin in the final rule.
In its review of this petition, the agency has also carefully
considered the potential environmental effects of this action. In
particular, the agency has considered the potential for effects on the
management of municipal solid waste because this resin may replace
other materials that are currently recycled. The petitioner provided
the results of studies demonstrating that the resin can be recycled for
use in food containers and submitted a recycling implementation plan
for FDA's review. The agency is convinced that it is feasible for
packaging made with this resin to be recovered from post-consumer waste
and recycled, based upon the following factors: (1) The petitioner's
recycling plan and stated
[[Page 14965]]
intention to recycle containers made with this resin; (2) the desirable
barrier and heat-resistance properties of the resin (Ref. 1); (3) the
high economic value of the resin (Ref. 2); and (4) recent steady
increases in the recycling rates of many containers and packaging,
which demonstrate that recycling has been accepted by both consumers
and commercial interests as an important post-consumer waste management
strategy (Ref. 3). However, the agency was concerned that unless
articles made with the subject resin were distinctly marked to separate
them from other plastic containers, the resin would not be recycled and
might interfere with the recycling of plastic containers made with
other resins. In response to this concern, the petitioner amended the
petition to include a requirement that articles made with the resin be
identified to facilitate collection and sorting.
The agency's regulation for this resin will contain a requirement
that the manufacturers of articles made with the resin must mark or
label these articles so that consumers and sorters will be able to
recognize the articles easily and quickly as items to be recycled and
collected separately. This requirement is intended to meet the agency's
responsibility under section 101(b)(6) of the National Environmental
Policy Act (42 U.S.C. 4331(b)(6)) to use its functions and programs to
maximize the recycling of depletable resources. Depletable resources
include those from which this resin is produced.
FDA recognizes that the requirement that poly(oxy-1,2-
ethanediyloxycarbonyl-2,6-naphthalenediylcarbonyl) resin be marked for
recycling may raise a question as to whether the recycled resin may be
used in contact with food. Currently, FDA reviews recycling processes
on a case-by-case basis to determine if the process will remove
potential contaminants and produce a recycled resin that is suitably
pure for food-contact use. When appropriate, the agency may limit the
conditions of use of the recycled resin. The manufacturer of the
recycled resin is notified by letter of the agency's determination
regarding food-contact use of the recycled resin. In accordance with
these procedures, FDA has evaluated studies submitted by Eastman
Chemical Co. regarding its recycling process and is notifying Eastman
Chemical Co. by letter that its proposed recycling process will produce
poly(oxy-1,2-ethanediyloxycarbonyl-2,6-napthalenediylcarbonyl) resin
that is safe for use in contact with food. This determination will not
require an amendment to the food additive regulations.
FDA has concluded that this action will not have a significant
impact on the human environment, and that an environmental impact
statement is not required. The agency's finding of no significant
impact and the evidence supporting that finding, contained in an
environmental assessment, may be seen in the Dockets Management Branch
(address above) between 9 a.m. and 4 p.m., Monday through Friday.
In accordance with Sec. 171.1(h) (21 CFR 171.1(h)), the petition
and the documents that FDA considered and relied upon in reaching its
decision to approve the petition are available for inspection at the
Center for Food Safety and Applied Nutrition by appointment with the
information contact person listed above. As provided in 21 CFR
171.1(h), the agency will delete from the documents any materials that
are not available for public disclosure before making the documents
available for inspection.
Any person who will be adversely affected by this regulation may at
any time on or before May 6, 1996, file with the Dockets Management
Branch (address above) written objections thereto. Each objection shall
be separately numbered, and each numbered objection shall specify with
particularity the provisions of the regulation to which objection is
made and the grounds for the objection. Each numbered objection on
which a hearing is requested shall specifically so state. Failure to
request a hearing for any particular objection shall constitute a
waiver of the right to a hearing on that objection. Each numbered
objection for which a hearing is requested shall include a detailed
description and analysis of the specific factual information intended
to be presented in support of the objection in the event that a hearing
is held. Failure to include such a description and analysis for any
particular objection shall constitute a waiver of the right to a
hearing on the objection. Three copies of all documents shall be
submitted and shall be identified with the docket number found in
brackets in the heading of this document. Any objections received in
response to the regulation may be seen in the Dockets Management Branch
between 9 a.m. and 4 p.m., Monday through Friday.
References
1. Ainsworth, S. J., ``PET Resins Maintain Strong Growth Despite
Market Challenges,'' Chemical & Engineering News, pp. 11-12, April
18, 1994.
2. Miller, C., ``Saving the World for (From?) PEN,'' Waste Age's
Recycling Times, vol. 7, No. 19: p. 15, September 19, 1995.
3. United States Environmental Protection Agency,
Characterization of Municipal Solid Waste in the United States, 1994
update, EPA530-R-94-042, November 1994, Table 21, p. 70; document
available from NTIS at telephone number 703-487-4650 with order
number: PB 95-147690.
List of Subjects in 21 CFR Part 177
Food additives, Food packaging, Incorporation by reference.
Therefore, under the Federal Food, Drug, and Cosmetic Act and under
authority delegated to the Commissioner of Food and Drugs, 21 CFR part
177 is amended as follows:
PART 177--INDIRECT FOOD ADDITIVES: POLYMERS
1. The authority citation for 21 CFR part 177 continues to read as
follows:
Authority: Secs. 201, 402, 409, 721 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 321, 342, 348, 379e).
2. New Sec. 177.1637 is added to subpart B to read as follows:
Sec. 177.1637 Poly(oxy-1,2-ethanediyloxycarbonyl-2,6-
naphthalenediylcarbonyl) resins.
Poly(oxy-1,2-ethanediyloxycarbonyl-2,6-naphthalenediylcarbonyl)
resins identified in paragraph (a) of this section may be safely used
as articles or components of articles intended for use in contact with
food in accordance with the following conditions:
(a) Identity. For the purpose of this section, poly(oxy-1,2-
ethanediyloxycarbonyl-2,6-naphthalenediylcarbonyl) resins (CAS Reg. No.
24968-11-4) are polymers formed by catalytic transesterification of
2,6-dimethylnaphthalene dicarboxylate with ethylene glycol followed by
catalytic polycondensation.
(b) Specifications. (1) Density. The density of poly(oxy-1,2-
ethanediyloxycarbonyl-2,6-naphthalenediylcarbonyl) resins shall be
between 1.33 and 1.40 grams per cubic centimeter.
(2) Inherent viscosity. The finished food-contact article shall
have a minimum inherent viscosity of 0.55 deciliter per gram in a
solution of 0.1 gram of polymer in 100 milliliters of a 25/40/35
(weight/weight/weight) solution of p-chlorophenol/tetrachloroethane/
phenol. The viscosity is determined by Eastman Chemical Co.'s method
ECD-A-AC-G-V-1-5, ``Determination of Dilute Solution Viscosity of
Polyesters,'' dated May 31, 1988, which is incorporated by reference in
accordance with 5 U.S.C.
[[Page 14966]]
552(a) and 1 CFR part 51. Copies are available from the Office of
Premarket Approval, Center for Food Safety and Applied Nutrition (HFS-
215), Food and Drug Administration, 200 C St. SW., Washington, DC
20204, or may be examined at the Center for Food Safety and Applied
Nutrition's Library, Food and Drug Administration, 200 C St. SW., rm.
3321, Washington, DC, or at the Office of the Federal Register, 800
North Capitol St. NW., Washington, DC.
(c) Extraction limitations. A 0.5 millimeter (0.02 inch) thick
sheet of resin when extracted with water at 121 deg.C (250 deg.F) for
2 hours shall yield total nonvolatile extractives not exceeding 2.0
micrograms per square inch of exposed resin surface.
(d) Conditions of use. The finished food contact article shall be:
(1) Used in contact only with food of Types I, II, IVB, VIA, VIB,
VIIB, and VIII identified in Table 1 of Sec. 176.170(c) of this
chapter, under conditions of use A through H described in Table 2 of
Sec. 176.170(c) of this chapter; and with food of Types III, IVA, V,
VIC, VIIA, and IX identified in Table 1 of Sec. 176.170(c) of this
chapter, under conditions of use C through H described in Table 2 of
Sec. 176.170(c) of this chapter; and
(2) Identified in a manner that will differentiate the article from
articles made of other polymeric resins to facilitate collection and
sorting.
Dated: March 28, 1996.
William K. Hubbard,
Associate Commissioner for Policy Coordination.
[FR Doc. 96-8148 Filed 4-3-96; 8:45 am]
BILLING CODE 4160-01-F
Complete official Federal Register PDF
FR Doc. 96-8045 Truth in Lending
[Federal Register Volume 61, Number 66 (Thursday, April 4, 1996)]
[Rules and Regulations]
[Pages 14952-14959]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8045]
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FEDERAL RESERVE SYSTEM
12 CFR Part 226
[Regulation Z; Docket No. R-0903]
Truth in Lending
AGENCY: Board of Governors of the Federal Reserve System.
ACTION: Final rule; official staff interpretation.
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SUMMARY: The Board is publishing revisions to the official staff
commentary to Regulation Z (Truth in Lending). The commentary applies
and interprets the requirements of Regulation Z. The revisions provide
guidance mainly on issues relating to reverse mortgages and mortgages
bearing rates above a certain percentage or fees above a certain
amount. The update also addresses issues of general interest, such as a
card issuer's responsibilities when a cardholder asserts a claim or
defense relating to a merchant dispute.
DATES: This rule is effective April 1, 1996. Compliance is optional
until October 1, 1996.
FOR FURTHER INFORMATION CONTACT: For Subparts A and B (open-end
credit), Jane Ahrens, Senior Attorney or Jane Jensen Gell, Staff
Attorney; for Subparts A, C and E (closed-end credit, reverse
mortgages, and mortgages bearing rates or fees above a certain
percentage or amount), Ms. Ahrens or Michael Hentrel, Kurt Schumacher,
or Manley Williams, Staff Attorneys, Division of Consumer and Community
Affairs, Board of Governors of the Federal Reserve System, at (202)
452-3667 or 452-2412. For users of Telecommunications Device for the
Deaf (TDD) only, please contact Dorthea Thompson, at (202) 452-3544.
SUPPLEMENTARY INFORMATION:
I. Background
The purpose of the Truth in Lending Act (TILA; 15 U.S.C. 1601 et
seq.) is to promote the informed use of consumer credit by requiring
disclosures about its terms and cost. The act requires creditors to
disclose credit terms and the cost of credit as an annual percentage
rate (APR). The act requires additional disclosures for loans secured
by a consumer's home, and permits consumers to cancel certain
transactions that involve their principal dwelling. It also imposes
limitations on some credit transactions secured by a consumer's
principal dwelling. The act is implemented by the Board's Regulation Z
(12 CFR part 226). The Board also has an official staff commentary (12
CFR part 226 (Supp. I)) that interprets the regulation, and provides
guidance to creditors in applying the regulation to specific
transactions. It is updated periodically to address significant
questions that arise, and is a substitute for individual staff
interpretations.
In December, the Board published proposed amendments to the
commentary to Regulation Z (60 FR 62764, December 7, 1995). The Board
received about 120 comments. Nearly 75 percent of the comments received
were from financial institutions, mortgage lenders, credit or guarantee
automobile protection (GAP) insurance providers, pawnbrokers or other
creditors (or their representatives); the remainder were from consumer
representatives, government officials, lawyers and individuals.
Overall, commenters generally supported the proposed amendments. Views
were mixed on a number of comments. In particular, nearly 60 percent of
the commenters addressed the comment treating certain debt cancellation
agreements as finance charges; most opposed the proposal. Except as
discussed below, the update has been adopted as proposed. Technical
amendments to proposed comments that respond to commenters' suggestions
or concerns are not specifically addressed in these supplementary
materials. Compliance with the commentary update is mandatory on
October 1, 1996.
The revisions mainly incorporate guidance given in the
supplementary information that accompanied an amendment to Regulation Z
implementing the Home Ownership and Equity Protection Act of 1994
(HOEPA),
[[Page 14953]]
contained in the Riegle Community Development and Regulatory
Improvement Act of 1994, Pub. L. 103-325, 108 Stat. 2160. These
amendments, published on March 24, 1995, and which became effective the
following October 1, impose new disclosure requirements and substantive
limitations on certain closed-end mortgage loans bearing rates or fees
above a certain percentage or amount (60 FR 15463). The amendments also
impose new disclosure requirements for reverse mortgage transactions.
The update does not reflect changes to the commentary regarding
recent amendments to the TILA concerning finance charge disclosures for
home mortgage loans. The Truth in Lending Act Amendments of 1995 (1995
Amendments, Pub. L. 104-29, 109 Stat. 271) clarify the treatment of
several fees typically associated with real estate-related lending.
Some provisions exclude certain real estate-related closing costs from
the finance charge, which generally codify interpretations already
provided in this commentary. One provision categorizes all brokers fees
paid by the consumer to the broker (or to the creditor for delivery to
the broker) as finance charges. The 1995 Amendments also revise
tolerances for finance charge calculations for loans secured by real
estate or dwellings. The Board expects to publish proposed amendments
to Regulation Z implementing the 1995 Amendments; corresponding
revisions to the commentary will be proposed as part of that
rulemaking.
II. Commentary Revisions
Subpart A--General
Section 226.4--Finance Charge
4(a) Definition
The Board received a substantial number of comments regarding
proposed comment 4(a)-8, which addressed the treatment of fees charged
in connection with debt cancellation agreements. Many commenters
believed that debt cancellation fees should be treated as insurance
premiums under Sec. 226.4(d), which allows a creditor to exclude
optional credit life and certain property insurance premiums from the
finance charge if the creditor meets certain conditions, including
disclosure of the premium. As proposed, the comment sought to clarify
that, under the existing regulation, debt cancellation fees can be
excluded from the finance charge only if they are ``insurance'' and all
the requirements of Sec. 226.4(d) are satisfied. The Board has not
defined the term ``insurance'' for purposes of the rules governing
insurance premiums in Sec. 226.4(d), but has instead deferred to state
law. The proposed comment was consistent with this approach.
The comments, mostly from creditors or their trade associations,
expressed concern about the need to determine on a state-by-state basis
whether debt cancellation fees should be treated as insurance premiums.
Many commenters believed that a state law analysis would create a lack
of uniformity in measuring the cost of credit, contrary to the purposes
of the TILA, because debt cancellation fees would be included in the
finance charge and APR in some states and not in others. Several
commenters expressed concern about potential liability if state law is
unclear.
In response to these concerns, the proposed comment regarding debt
cancellation fees has been withdrawn. The issues raised by the
commenters regarding equal treatment of such fees would be better
addressed in the context of a regulatory amendment; it is anticipated
that a proposed rule governing debt cancellation fees would be
considered along with proposed regulations to implement the 1995
Amendments.
Subpart B--Open-End Credit
Section 226.6--Initial Disclosure Statement
6(b) Other Charges
Comment 6(b)-1 clarifies that a membership fee to join an
organization is an ``other charge'' if the primary benefit of
membership is the opportunity to apply for a credit card and other
benefits are merely incidental. The comment clarifies that creditors
cannot avoid disclosing a fee as an ``other charge'' by characterizing
the fee as one entitling the consumer to belong to an organization, if
the organization has no substantive benefits other than obtaining the
credit. If an independent organization and a card issuer enter into an
agreement offering the opportunity to apply for a credit card as one of
several benefits of membership in the organization, these benefits
would generally not be considered to be merely incidental to the credit
feature.
Section 226.12--Special Credit Card Rules
12(c) Right of Cardholder To Assert Claims or Defenses Against Card
Issuer
12(c)(2) Adverse Credit Reports Prohibited
Comments 12(c)(2)-1 and -2 address a card issuer's responsibilities
in responding to a cardholder's right to assert a claim or defense.
Comment 12(c)(2)-2 provides guidance on when a card issuer may
consider a dispute settled for purposes of reporting an amount in
dispute as delinquent. Several commenters expressed concern that the
proposed comment would not permit card issuers to terminate the
investigation if the cardholder fails to respond to requests for
information the card issuer can reasonably obtain only from the
cardholder. A sentence has been added to clarify that in conducting an
investigation, a card issuer's lack of knowledge resulting from the
cardholder's failure or refusal to comply with a particular request may
be used as a factor in resolving the dispute.
Card issuers cannot satisfy the requirement to conduct a reasonable
investigation by accepting a merchant's view of the dispute without
also giving the cardholder an opportunity to respond. The comment
clarifies that a reasonable investigation includes an independent
assessment of the cardholder's claim based on information from both the
merchant and the cardholder, if possible. The card issuer's dispute
resolution experience, if any, with the merchant would be a factor in
that assessment.
Comment 12(c)(2)-1 also has been revised to clarify that a card
issuer may continue its normal collection activities for the portion of
the balance that is delinquent and undisputed. Some commenters believed
that the regulation would permit card issuers to begin collection
actions on an amount in dispute. Although the card issuer is not
prohibited from undertaking its normal collection activities for
delinquent accounts, amounts in dispute are not considered delinquent.
One commenter recommended that consumers be given notice of their
rights under the claims and defenses provision. Such a notice
requirement would be better addressed in the context of a regulatory
amendment.
Section 226.14--Determination of Annual Percentage Rate
14(c) Annual Percentage Rate for Periodic Statements
Comment 14(c)-10 provides guidance on calculating the APR on
periodic statements when a transaction occurs at the end of one cycle,
but is posted to the account in a subsequent cycle. The comment
clarifies how creditors using the date of the transaction to figure
finance charges calculate the APR to reflect the delay in posting.
Creditors using the posting date to calculate
[[Page 14954]]
finance charges are not affected by the comment. Creditors that
calculate the APR in accord with comment 14(c)-10 for the billing cycle
in which the transaction is posted need not furnish an amended
statement for the previous cycle to reflect the missing transaction.
Subpart C--Closed-End Credit
Section 17--General Disclosure Requirements
17(c) Basis of Disclosure and Use of Estimates
Paragraph 17(c)(1)
Comment 17(c)(1)-10 is revised to clarify that if a contract for a
variable-rate transaction provides for a delay in implementing changes
in index values, the creditor may use any index in effect during the
delay period. The last paragraph has been renumbered, and the first
sentence in that paragraph is revised for clarity.
Comment 17(c)(1)-18 addresses pawn transactions. The comment
clarifies that the term creditor may include pawnbrokers. The comment
is adopted as proposed; it covers extensions of credit by pledging an
item, or by selling an item with the opportunity to repurchase (which
occurs seventy-five percent or more of the time, in the Board's
understanding). Section 226.18 requires that creditors make certain
disclosures as applicable, and this comment clarifies how some of the
items required to be disclosed under Sec. 226.18 (such as the amount
financed, the finance charge, and the annual percentage rate) should be
disclosed in a pawn transaction. The comment also provides guidance on
when a separate itemization of the amount financed must be disclosed,
and how to calculate the finance charge when fees are charged.
Section 18--Content of Disclosures
18(c) Itemization of Amount Financed
Paragraph 18(c)(1)(iii)
Comment 18(c)(1)(iii)-2 concerns the treatment of certain charges,
such as finder's fees or commissions, that may sometimes be added to a
fee charged by a third party for services such as extended warranties
and service contracts on automobiles. The comment offers guidance on
how creditors may itemize and disclose the amount charged for the
service (including any amount the creditor may have retained).
For the most part, commenters agreed with the Board's proposed
treatment. As proposed, the comment stated that a creditor could
include in the ``amount paid to others,'' any amount retained by the
creditor without itemizing or noting this fact. Concern is raised about
the appropriateness of such treatment under the TILA where a
substantial portion of a fee categorized as ``amounts paid to others,''
is in fact retained by the creditor. Accordingly, a sentence has been
added to clarify that given the flexibility in itemizing the amount
financed, creditors may reflect that they have retained a portion of
the ``amount paid to others'' rather than disclosing the specific
amount retained.
Section 226.20--Subsequent Disclosure Requirements
20(a) Refinancings
Comment 20(a)-3, as proposed, clarified that changing the index on
a variable-rate transaction does not require new disclosures to
consumers. Upon further analysis, the final comment provides that
changing the index to a comparable index does not require new
disclosures, whether the change replaces the existing index or
substitutes an index for one that no longer exists.
Subpart E--Special Rules for Certain Home Mortgage Transactions
Section 226.31--General Rules
31(c) Timing of Disclosures
31(c)(1) Disclosures for Certain Closed-End Home Mortgages
Comment 31(c)(1)-1 clarifies that for purposes of Sec. 226.32,
disclosures are furnished (that is, delivered) when received by the
consumer, not when mailed by the creditor. The majority of the
commenters opposed the proposal. Some suggested that the Board follow
the timing requirements of Sec. 226.19(a), which allows creditors to
provide certain disclosures by mail. The timing rules in
Secs. 226.19(a) and 226.31 differ; however, the HOEPA requires a
different interpretation of Sec. 226.31(c)(1). The HOEPA's disclosure
scheme is intended to ensure that consumers who have applied for a loan
covered by Sec. 226.32 are provided with basic cost information about
the impending transaction, and have a period of time to consider
whether to complete the transaction.
Comment 31(c)(1)-2 clarifies that while the definition of business
days is the same as that for the right of rescission, the timing rules
differ.
31(c)(1)(i) Change in Terms
Comment 31(c)(1)(i)-1 addresses a creditor's duty to provide new
Sec. 226.32(c) disclosures after a change in terms. As adopted, the
comment incorporates the substance of proposed comment 31(d)-1, which
provides that where there is a change in terms of disclosures labelled
as estimates redisclosure is required. Further, language from the
supplemental information accompanying the proposal has been added to
clarify that a change in terms may result from a formal written
agreement or otherwise.
31(c)(1)(ii) Telephone Disclosures
Based on comment and upon further analysis, comment 31(c)(1)(ii)-1,
as adopted, uses business days for purposes of rescission, which is
consistent with other timing requirements in Sec. 226.31. The proposal
would have allowed creditors to use calendar days to calculate the
timing requirements for telephone disclosures which are permitted when
a consumer initiates a change in terms.
31(c)(1)(iii) Consumer's Waiver of Waiting Period Before Consummation
Comment 31(c)(1)(iii)-1 provides guidance on circumstances in which
the consumer may modify or waive the right to the three-day waiting
period to meet bona fide personal financial emergencies. Language has
been added to clarify that the impending sale of the consumer's home at
foreclosure is an example of a bona fide personal financial emergency
where foreclosure would occur during the three-day waiting period.
31(c)(2) Disclosures for Reverse Mortgages
To achieve consistency with other timing rules in Sec. 226.31,
comment 31(c)(2)-1 clarifies that for purposes of providing reverse
mortgage disclosures to consumers, creditors are to use the definition
of ``business day'' found in comment 31(c)(1)-2.
31(d) Basis of Disclosures and Use of Estimates
Comment 31(d)-1, as adopted, clarifies that, for purposes of
Subpart E, the rule in Sec. 226.31(c)(1)(i) requiring new disclosures
when creditors change terms also applies to disclosures marked as
estimates.
Section 226.32--Requirements for Certain Closed-End Home Mortgages
32(a) Coverage
Paragraph 32(a)(1)(ii)
Comment 32(a)(1)(ii)-1, as adopted, includes an additional example
illustrating the calculation of ``total loan amount.''
Creditors must follow the rules in Sec. 226.32 if the total points
and fees payable by the consumer at or before
[[Page 14955]]
loan closing exceed the greater of $400 or 8 percent of the total loan
amount. The Board is required to adjust the $400 amount each year.
Comment 32(a)(1)(ii)-2 states the adjusted amount for 1996 ($412), and
addresses how the Board calculates the adjustment.
32(c)(3) Regular Payment
The substance of comments 32(c)(3)-1 and 32(c)(3)-2 are adopted as
proposed, but the comments have been combined and reorganized to state
more precisely the general rule and exceptions to that rule. The
comment clarifies that creditors may rely on the rules in
Sec. 226.18(g) for determining the regular payment, with one exception.
Section 18(g) provides flexibility to creditors in reflecting optional
amounts such as voluntary credit life insurance in the payment
schedule. Language has been added to clarify that only optional amounts
to which the consumer has agreed at the time the disclosures are given
may be disclosed as a part of the regular payment.
32(d) Limitations
32(d)(2) Negative Amortization
Comment 32(d)(2)-1 has been modified to clarify the interpretation
of the prohibition against including negative amortization in a
mortgage covered by Sec. 226.32.
List of Subjects in 12 CFR Part 226
Advertising, Banks, Banking, Consumer protection, Credit, Federal
Reserve System, Mortgages, Reporting and recordkeeping requirements,
Truth in lending.
For the reasons set forth in the preamble, the Board amends 12 CFR
part 226 as follows:
PART 226--TRUTH IN LENDING (REGULATION Z)
1. The authority citation for part 226 continues to read as
follows:
Authority: 12 U.S.C. 3806; 15 U.S.C. 1604 and 1637(c)(5).
2. In Supplement I to Part 226, under Section 226.4--Finance
Charge, under 4(d) Insurance., paragraph 5. is revised to read as
follows:
Supplement I--Official Staff Interpretations
* * * * *
Subpart A--General
* * * * *
Section 226.4--Finance Charge
* * * * *
4(d) Insurance.
* * * * *
5. Required credit life insurance. Credit life, accident,
health, or loss-of-income insurance must be voluntary in order for
the premium or charges to be excluded from the finance charge.
Whether the insurance is in fact required or optional is a factual
question. If the insurance is required, the premiums must be
included in the finance charge, whether the insurance is purchased
from the creditor or from a third party. If the consumer is required
to elect one of several options--such as to purchase credit life
insurance, or to assign an existing life insurance policy, or to
pledge security such as a certificate of deposit--and the consumer
purchases the credit life insurance policy, the premium must be
included in the finance charge. (If the consumer assigns a
preexisting policy or pledges security instead, no premium is
included in the finance charge. The security interest would be
disclosed under Sec. 226.6(c) or Sec. 226.18(m). See the commentary
to Sec. 226.4(b) (7) and (8).)
* * * * *
3. In Supplement I to Part 226, under Section 226.6--Initial
Disclosure Statement, under 6(b) Other charges., paragraph 1.v. is
revised to read as follows:
* * * * *
Subpart B--Open-End Credit
* * * * *
Section 226.6--Initial Disclosure Statement
* * * * *
6(b) Other charges.
1. * * *
v. A membership or participation fee for a package of services
that includes an open-end credit feature, unless the fee is required
whether or not the open-end credit feature is included. For example,
a membership fee to join a credit union is not an ``other charge,''
even if membership is required to apply for credit. For the fee to
be excluded from disclosure as an ``other charge,'' however, the
package of services must have some substantive purpose other than
access to the credit feature. For example, if the primary benefit of
membership in an organization is the opportunity to apply for a
credit card, and the other benefits offered (such as a newsletter or
a member information hotline) are merely incidental to the credit
feature, the membership fee would have to be disclosed as an ``other
charge.''
* * * * *
4. In Supplement I to Part 226, under Section 226.12--Special
Credit Card Provisions, under 12(c)(2) Adverse credit reports
prohibited., paragraph 1 is revised and paragraph 2 is added to read as
follows:
* * * * *
Section 226.12--Special Credit Card Provisions
* * * * *
12(c)(2) Adverse credit reports prohibited.
1. Scope of prohibition. Although an amount in dispute may not
be reported as delinquent until the matter is resolved:
i. That amount may be reported as disputed.
ii. Nothing in this provision prohibits the card issuer from
undertaking its normal collection activities for the delinquent and
undisputed portion of the account.
2. Settlement of dispute. A card issuer may not consider a
dispute settled and report an amount disputed as delinquent or begin
collection of the disputed amount until it has completed a
reasonable investigation of the cardholder's claim. A reasonable
investigation requires an independent assessment of the cardholder's
claim based on information obtained from both the cardholder and the
merchant, if possible. In conducting an investigation, the card
issuer may request the cardholder's reasonable cooperation. The card
issuer may not automatically consider a dispute settled if the
cardholder fails or refuses to comply with a particular request.
However, if the card issuer otherwise has no means of obtaining
information necessary to resolve the dispute, the lack of
information resulting from the cardholder's failure or refusal to
comply with a particular request may lead the card issuer reasonably
to terminate the investigation.
* * * * *
5. In Supplement I to Part 226, under Section 226.14--Determination
of Annual Percentage Rate, under 14(c) Annual percentage rate for
periodic statements., a new paragraph 10. is added to read as follows:
* * * * *
Section 226.14--Determination of Annual Percentage Rate
* * * * *
14(c) Annual percentage rate for periodic statements.
* * * * *
10. Transactions at end of billing cycle. The annual percentage
rate reflects transactions and charges imposed during the billing
cycle. However, it may be impracticable to post a transaction that
occurs at the end of a billing cycle until the following cycle, such
as a cash advance that occurs on the last day of a billing cycle and
is posted to the account in the following cycle. A card issuer that
uses the date of the transaction to figure finance charges should
calculate the annual percentage rate as follows for the billing
cycle in which the transaction and charges are posted:
i. The denominator is calculated as if the transaction occurred
on the first day of the billing cycle; and
ii. The numerator includes the amount of the transaction charge
plus all finance charges derived from the application of the
periodic rate to the amount of the transaction (including all
charges from a prior cycle).
* * * * *
6. In Supplement I to Part 226, under Section 226.17--General
Disclosure Requirements, under Paragraph 17(c)(1)., paragraph 10. is
revised and a new paragraph 18. is added to read as follows:
* * * * *
[[Page 14956]]
Subpart C--Closed-End Credit
Section 226.17--General Disclosure Requirements
* * * * *
17(c) Basis of disclosures and use of estimates.
Paragraph 17(c)(1).
* * * * *
10. Discounted and premium variable-rate transactions. In some
variable-rate transactions, creditors may set an initial interest
rate that is not determined by the index or formula used to make
later interest rate adjustments. Typically, this initial rate
charged to consumers is lower than the rate would be if it were
calculated using the index or formula. However, in some cases the
initial rate may be higher. In a discounted transaction, for
example, a creditor may calculate interest rates according to a
formula using the six-month Treasury bill rate plus a 2 percent
margin. If the Treasury bill rate at consummation is 10 percent, the
creditor may forgo the 2 percent spread and charge only 10 percent
for a limited time, instead of setting an initial rate of 12
percent.
i. When creditors use an initial interest rate that is not
calculated using the index or formula for later rate adjustments,
the disclosures should reflect a composite annual percentage rate
based on the initial rate for as long as it is charged and, for the
remainder of the term, the rate that would have been applied using
the index or formula at the time of consummation. The rate at
consummation need not be used if a contract provides for a delay in
the implementation of changes in an index value. For example, if the
contract specifies that rate changes are based on the index value in
effect 45 days before the change date, creditors may use any index
value in effect during the 45 day period before consummation in
calculating a composite annual percentage rate.
ii. The effect of the multiple rates must also be reflected in
the calculation and disclosure of the finance charge, total of
payments, and payment schedule.
iii. If a loan contains a rate or payment cap that would prevent
the initial rate or payment, at the time of the first adjustment,
from changing to the rate determined by the index or formula at
consummation, the effect of that rate or payment cap should be
reflected in the disclosures.
iv. Because these transactions involve irregular payment
amounts, an annual percentage rate tolerance of \1/4\ of 1 percent
applies, in accordance with Sec. 226.22(a)(3).
v. Examples of discounted variable-rate transactions include:
A. A 30-year loan for $100,000 with no prepaid finance charges
and rates determined by the Treasury bill rate plus 2 percent. Rate
and payment adjustments are made annually. Although the Treasury
bill rate at the time of consummation is 10 percent, the creditor
sets the interest rate for one year at 9 percent, instead of 12
percent according to the formula. The disclosures should reflect a
composite annual percentage rate of 11.63 percent based on 9 percent
for one year and 12 percent for 29 years. Reflecting those two rate
levels, the payment schedule should show 12 payments of $804.62 and
348 payments of $1,025.31. The finance charge should be $266,463.32
and the total of payments $366,463.32.
B. Same loan as above, except with a 2 percent rate cap on
periodic adjustments. The disclosures should reflect a composite
annual percentage rate of 11.53 percent based on 9 percent for the
first year, 11 percent for the second year, and 12 percent for the
remaining 28 years. Reflecting those three rate levels, the payment
schedule should show 12 payments of $804.62, 12 payments of $950.09,
and 336 payments of $1,024.34. The finance charge should be
$265,234.76 and the total of payments $365,234.76.
C. Same loan as above, except with a 7\1/2\ percent cap on
payment adjustments. The disclosures should reflect a composite
annual percentage rate of 11.64 percent, based on 9 percent for one
year and 12 percent for 29 years. Because of the payment cap, five
levels of payments should be reflected. The payment schedule should
show 12 payments of $804.62, 12 payments of $864.97, 12 payments of
$929.84, 12 payments of $999.58, and 312 payments of $1,070.04. The
finance charge should be $277,040.60, and the total of payments
$377,040.60.
vi. A loan in which the initial interest rate is set according
to the index or formula used for later adjustments but is not set at
the value of the index or formula at consummation is not a
discounted variable-rate loan. For example, if a creditor commits to
an initial rate based on the formula on a date prior to
consummation, but the index has moved during the period between that
time and consummation, a creditor should base its disclosures on the
initial rate.
* * * * *
18. Pawn Transactions. When, in connection with an extension of
credit, a consumer pledges or sells an item to a pawnbroker creditor
in return for a sum of money and retains the right to redeem the
item for a greater sum (the redemption price) within a specified
period of time, disclosures are required. In addition to other
disclosure requirements that may be applicable under Sec. 226.18,
for purposes of pawn transactions:
i. The amount financed is the initial sum paid to the consumer.
The pawnbroker creditor need not provide a separate itemization of
the amount financed if that entire amount is paid directly to the
consumer and the disclosed description of the amount financed is
``the amount of cash given directly to you'' or a similar phrase.
ii. The finance charge is the difference between the initial sum
paid to the consumer and the redemption price plus any other finance
charges paid in connection with the transaction. (See Sec. 226.4.)
iii. The term of the transaction, for calculating the annual
percentage rate, is the period of time agreed to by the pawnbroker
creditor and the consumer. The term of the transaction does not
include a grace period (including any statutory grace period) after
the agreed redemption date.
* * * * *
7. In Supplement I to Part 226, under Section 226.18--Content of
Disclosures, under Paragraph 18(c)(1)(iii)., a new paragraph 2. is
added to read as follows:
* * * * *
Section 226.18--Content of Disclosures
* * * * *
18(c) Itemization of amount financed.
* * * * *
Paragraph 18(c)(1)(iii).
* * * * *
2. Charges added to amounts paid to others. A sum is sometimes
added to the amount of a fee charged to a consumer for a service
provided by a third party (such as for an extended warranty or a
service contract) that is payable in the same amount in comparable
cash and credit transactions. In the credit transaction, the amount
is retained by the creditor. Given the flexibility permitted in
meeting the requirements of the amount financed itemization (see the
commentary to Sec. 226.18(c)), the creditor in such cases may
reflect that the creditor has retained a portion of the amount paid
to others. For example, the creditor could add to the category
``amount paid to others'' language such as ``(we may be retaining a
portion of this amount).''
* * * * *
8. In Supplement I to Part 226, under Section 226.20 Subsequent
Disclosure Requirements, under Paragraph 20(a) Refinancings., paragraph
3. is revised to read as follows:
* * * * *
Section 226.20 Subsequent Disclosure Requirements
Paragraph 20(a) Refinancings.
* * * * *
3. Variable-rate.
i. If a variable-rate feature was properly disclosed under the
regulation, a rate change in accord with those disclosures is not a
refinancing. For example, no new disclosures are required when the
variable-rate feature is invoked on a renewable balloon-payment
mortgage that was previously disclosed as a variable-rate
transaction.
ii. Even if it is not accomplished by the cancellation of the
old obligation and substitution of a new one, a new transaction
subject to new disclosures results if the creditor either:
A. Increases the rate based on a variable-rate feature that was
not previously disclosed; or
B. Adds a variable-rate feature to the obligation. A creditor
does not add a variable-rate feature by changing the index of a
variable-rate transaction to a comparable index, whether the change
replaces the existing index or substitutes an index for one that no
longer exists.
iii. If either of the events in paragraph 20(a)3.ii.A. or ii.B.
occurs in a transaction secured by a principal dwelling with a term
longer than one year, the disclosures required under Sec. 226.19(b)
also must be given at that time.
* * * * *
9. In Supplement I to Part 226, a new Subpart E--Special Rules for
Certain Home Mortgage Transactions is added following subpart D to read
as follows:
* * * * *
[[Page 14957]]
Subpart E--Special Rules for Certain Home Mortgage Transactions
Section 226.31--General Rules
31(c) Timing of disclosure.
Paragraph 31(c)(1) Disclosures for certain closed-end home
mortgages.
1. Furnishing disclosures. Disclosures are considered furnished
when received by the consumer.
2. Pre-consummation waiting period. A creditor must furnish
Sec. 226.32 disclosures at least three business days prior to
consummation. Under Sec. 226.32, ``business day'' has the same
meaning as the rescission rule in comment 2(a)(6)-2--all calendar
days except Sundays and the federal legal holidays listed in 5 USC
6103(a). However, while the disclosure rule under Secs. 226.15 and
226.23 extends to midnight of the third business day, the rule under
Sec. 226.32 does not. For example, under Sec. 226.32, if disclosures
were provided on a Friday, consummation could occur any time on
Tuesday, the third business day following receipt of the
disclosures. If the timing of the rescission rule were to be used,
consummation could not occur until after midnight on Tuesday.
Paragraph 31(c)(1)(i) Change in terms.
1. Redisclosure required. Creditors must provide new disclosures
when a change in terms makes disclosures previously provided under
Sec. 226.32(c) inaccurate, including disclosures based on and
labeled as an estimate. A change in terms may result from a formal
written agreement or otherwise.
Paragraph 31(c)(1)(ii) Telephone disclosures.
1. Telephone disclosures. Disclosures by telephone must be
furnished at least three business days prior to consummation,
calculated in accord with the timing rules under Sec. 226.31(c)(1).
Paragraph 31(c)(1)(iii) Consumer's waiver of waiting period
before consummation.
1. Modification or waiver. A consumer may modify or waive the
right to the three-day waiting period only after receiving the
disclosures required by Sec. 226.32 and only if the circumstances
meet the criteria for establishing a bona fide personal financial
emergency under Sec. 226.23(e). Whether these criteria are met is
determined by the facts surrounding individual situations. The
imminent sale of the consumer's home at foreclosure during the
three-day period is one example of a bona fide personal financial
emergency. Each consumer entitled to the three-day waiting period
must sign the handwritten statement for the waiver to be effective.
Paragraph 31(c)(2) Disclosures for reverse mortgages.
1. Business days. For purposes of providing reverse mortgage
disclosures, ``business day'' has the same meaning as in comment
31(c)(1)-2--all calendar days except Sundays and the federal legal
holidays listed in 5 USC 6103(a). This means if disclosures are
provided on a Friday, consummation could occur any time on Tuesday,
the third business day following receipt of the disclosures.
2. Open-end plans. Disclosures for open-end reverse mortgages
must be provided at least three business days before the first
transaction under the plan (see Sec. 226.5(b)(1)).
31(d) Basis of disclosures and use of estimates.
1. Redisclosure. Section 226.31(d) allows the use of estimates
when information necessary for an accurate disclosure is unknown to
the creditor, provided that the disclosure is clearly identified as
an estimate. For purposes of Subpart E, the rule in
Sec. 226.31(c)(1)(i) requiring new disclosures when the creditor
changes terms also applies to disclosures labeled as estimates.
Section 226.32--Requirements for Certain Closed-End Home Mortgages
32(a) Coverage.
Paragraph 32(a)(1)(i).
1. Application date. An application is deemed received when it
reaches the creditor in any of the ways applications are normally
transmitted. (See Sec. 226.19(a).) For example, if a borrower
applies for a 10-year loan on September 30 and the creditor
counteroffers with a 7-year loan on October 10, the application is
deemed received in September and the creditor must measure the
annual percentage rate against the appropriate Treasury security
yield as of August 15. An application transmitted through an
intermediary agent or broker is received when it reaches the
creditor, rather than when it reaches the agent or broker. (See
comment 19(b)-3 to determine whether a transaction involves an
intermediary agent or broker.)
2. When fifteenth not a business day. If the 15th day of the
month immediately preceding the application date is not a business
day, the creditor must use the yield as of the business day
immediately preceding the 15th.
3. Calculating annual percentage rates for variable-rate loans
and discount loans. Creditors must use the rules set out in the
commentary to Sec. 226.17(c)(1) in calculating the annual percentage
rate for variable-rate loans (assume the rate in effect at the time
of disclosure remains unchanged) and for discount, premium, and
stepped-rate transactions (which must reflect composite annual
percentage rates).
4. Treasury securities. To determine the yield on a Treasury
security for the annual percentage rate test, creditors may use the
Board's Selected Interest Rates (statistical release H-15) or the
actual auction results. Treasury auctions are held at regular
intervals for the different types of securities. These figures are
published by major financial and metropolitan newspapers, and are
also available from Federal Reserve Banks. Creditors must use the
yield on the security that has the nearest maturity at issuance to
the loan's maturity. For example, if a creditor must compare the
annual percentage rate to Treasury securities with either seven-year
or ten-year maturities, the annual percentage rate for an eight-year
loan is compared with securities that have a seven-year maturity;
the annual percentage rate for a nine-year loan is compared with
securities that have a ten-year maturity. If the loan maturity is
exactly halfway between, the annual percentage rate is compared with
the Treasury security that has the lower yield. For example, if the
loan has a maturity of 20 years and comparable securities have
maturities of 10 years with a yield of 6.501 percent and 30 years
with a yield of 6.906 percent, the annual percentage rate is
compared with 10 percentage points over the yield of 6.501 percent,
the lower of the two yields.
Paragraph 32(a)(1)(ii).
1. Total loan amount. For purposes of the ``points and fees''
test, the total loan amount is calculated by taking the amount
financed, as determined according to Sec. 226.18(b), and deducting
any cost listed in Sec. 226.32(b)(1)(iii) that is both included as
points and fees under Sec. 226.32(b)(1) and financed by the
creditor. Some examples follow, each using a $10,000 amount
borrowed, a $300 appraisal fee, and $400 in points:
i. If the consumer finances a $300 fee for a creditor-conducted
appraisal and pays $400 in points at closing, the amount financed
under Sec. 226.18(b) is $9,900 ($10,000 plus the $300 appraisal fee
that is paid to and financed by the creditor, less $400 in prepaid
finance charges). The $300 appraisal fee paid to the creditor is
added to other points and fees under Sec. 226.32(b)(1)(iii). It is
deducted from the amount financed ($9,900) to derive a total loan
amount of $9,600.
ii. If the consumer pays the $300 fee for the creditor-conducted
appraisal in cash at closing, the $300 is included in the points and
fees calculation because it is paid to the creditor. However,
because the $300 is not financed by the creditor, the fee is not
part of the amount financed under Sec. 226.18(b) ($10,000, in this
case). The total loan amount is $9,600 ($10,000, less $400 in
prepaid finance charges).
iii. If the consumer finances a $300 fee for an appraisal
conducted by someone other than the creditor or an affiliate, the
$300 fee is not included with other points and fees under
Sec. 226.32(b)(1)(iii). The amount financed under Sec. 226.18(b) is
$9,900 ($10,000 plus the $300 fee for an independently-conducted
appraisal that is financed by the creditor, less the $400 paid in
cash and deducted as prepaid finance charges).
2. Annual adjustment of $400 amount. A mortgage loan is covered
by Sec. 226.32 if the total points and fees payable by the consumer
at or before loan consummation exceed the greater of $400 or 8
percent of the total loan amount. The $400 figure is adjusted
annually by the Board; the adjusted figure becomes effective on
January 1 of the following year. The adjusted figure for 1996 is
$412, reflecting a 3.00 percent increase in the CPI-U from June 1994
to June 1995, rounded to the nearest whole dollar. The Board will
publish adjustments after the June figures become available each
year. The adjustment for the upcoming year will be included in any
proposed commentary published in the fall, and incorporated into the
commentary the following spring.
32(b) Definitions
Paragraph 32(b)(1)(i).
1. General. Items defined as finance charges under Sec. 226.4(a)
and 226.(4)(b) are included under this paragraph as a component of
the total ``points and fees.'' Items excluded from the finance
charge
[[Page 14958]]
under other provisions of Sec. 226.4 are not included under
paragraph 32(b)(1)(i), although a fee may be included in ``points
and fees'' under paragraphs 32(b)(1)(ii) and 32(b)(1)(iii).
Paragraph 32(b)(1)(ii).
1. Mortgage broker fees. In determining ``points and fees'' for
purposes of this section, compensation paid by a consumer to a
mortgage broker (directly or through the creditor for delivery to
the broker) is included in the calculation whether or not the amount
is disclosed as a finance charge. Mortgage broker fees that are not
paid by the consumer are not included. Mortgage broker fees already
included in the calculation as finance charges under
Sec. 226.32(b)(1)(i) need not be counted again under
Sec. 226.32(b)(1)(ii).
2. Example. Section 226.32(b)(1)(iii) defines ``points and
fees'' to include all items listed in Sec. 226.4(c)(7), other than
amounts held for the future payment of taxes. An item listed in
Sec. 226.4(c)(7) may be excluded from the ``points and fees''
calculation, however, if the charge is reasonable, the creditor
receives no direct or indirect compensation from the charge, and the
charge is not paid to an affiliate of the creditor. For example, a
reasonable fee paid by the consumer to an independent, third-party
appraiser may be excluded from the ``points and fees'' calculation
(assuming no compensation is paid to the creditor). A fee paid by
the consumer for an appraisal performed by the creditor must be
included in the calculation, even though the fee may be excluded
from the finance charge if it is bona fide and reasonable in amount.
32(c) Disclosures.
1. Format. The disclosures must be clear and conspicuous but
need not be in any particular type size or typeface, nor presented
in any particular manner. The disclosures need not be a part of the
note or mortgage document.
Paragraph 32(c)(3) Regular payment.
1. General. The regular payment is the amount due from the
borrower at regular intervals, such as monthly, bimonthly,
quarterly, or annually. There must be at least two payments, and the
payments must be in an amount and at such intervals that they fully
amortize the amount owed. In disclosing the regular payment,
creditors may rely on the rules set forth in Sec. 226.18(g);
however, the amounts for voluntary items not agreed to by the
consumer such as credit life insurance may not be included in the
regular payment.
i. If the loan has more than one payment level, the regular
payment for each level must be disclosed. For example:
A. In a 30-year graduated payment mortgage where there will be
payments of $300 for the first 120 months, $400 for the next 120
months, and $500 for the last 120 months, each payment amount must
be disclosed, along with the length of time that the payment will be
in effect.
B. If interest and principal are paid at different times, the
regular amount for each must be disclosed.
C. In discounted or premium variable-rate transactions where the
creditor sets the initial interest rate and later rate adjustments
are determined by an index or formula, the creditor must disclose
both the initial payment based on the discount or premium and the
payment that will be in effect thereafter. Additional explanatory
material which does not detract from the required disclosures may
accompany the disclosed amounts. For example, if a monthly payment
is $250 for the first six months and then increases based on an
index and margin, the creditor could use language such as the
following: ``Your regular monthly payment will be $250 for six
months. After six months your regular monthly payment will be based
on an index and margin, which currently would make your payment
$350. Your actual payment at that time may be higher or lower.''
Paragraph 32(c)(4) Variable-rate.
1. Calculating ``worst-case'' payment example. Creditors may
rely on instructions in Sec. 226.19(b)(2)(x) for calculating the
maximum possible increases in rates in the shortest possible
timeframe, based on the face amount of the note (not the
hypothetical loan amount of $10,000 required by
Sec. 226.19(b)(2)(x)). The creditor must provide a maximum payment
for each payment level, where a payment schedule provides for more
than one payment level and more than one maximum payment amount is
possible.
32(d) Limitations
Paragraph 32(d)(1)(i) Balloon payment.
1. Regular periodic payments. The repayment schedule for a
Sec. 226.32 mortgage loan with a term of less than five years must
fully amortize the outstanding principal balance through ``regular
periodic payments.'' A payment is a ``regular periodic payment'' if
it is not more than twice the amount of other payments.
Paragraph 32(d)(2) Negative amortization.
1. Negative amortization. The prohibition against negative
amortization in a mortgage covered by Sec. 226.32 does not preclude
reasonable increases in the principal balance that result from
events permitted by the legal obligation unrelated to the payment
schedule. For example, when a consumer fails to obtain property
insurance and the creditor purchases insurance, the creditor may add
a reasonable premium to the consumer's principal balance, to the
extent permitted by the legal obligation.
Paragraph 32(d)(4) Increased interest rate.
1. Variable-rate transactions. The limitation on interest rate
increases does not apply to rate increases resulting from changes in
accordance with the legal obligation in a variable-rate transaction,
even if the increase occurs after default by the consumer.
Paragraph 32(d)(5) Rebates.
1. Calculation of refunds. The limitation applies only to
refunds of precomputed (such as add-on) interest and not to any
other charges that are considered finance charges under Sec. 226.4
(for example, points and fees paid at closing). The calculation of
the refund of interest includes odd-days interest, whether paid at
or after consummation.
Paragraph 32(d)(6) Prepayment penalties.
1. State law. For purposes of computing a refund of unearned
interest, if using the actuarial method defined by applicable state
law results in a refund that is greater than the refund calculated
by using the method described in section 933(d) of the Housing and
Community Development Act of 1992, creditors should use the state
law definition in determining if a refund is a prepayment penalty.
32(d)(7) Prepayment penalty exception.
Paragraph 32(d)(7)(iii).
1. Calculating debt-to-income ratio. ``Debt'' does not include
amounts paid by the borrower in cash at closing or amounts from the
loan proceeds that directly repay an existing debt. Creditors may
consider combined debt-to-income ratios for transactions involving
joint applicants.
2. Verification. Verification of employment satisfies the
requirement for payment records for employment income.
32(e) Prohibited acts and practices.
Paragraph 32(e)(1) Repayment ability.
1. Determining repayment ability. The information provided to
the creditor in connection with Sec. 226.32(d)(7) may be used to
show that the creditor considered the consumer's income and
obligations before extending the credit. Any expected income can be
considered by the creditor, except equity income that the consumer
would obtain through the foreclosure of a mortgage covered by
Sec. 226.32. For example, a creditor may use information about
income other than regular salary or wages such as gifts, expected
retirement payments, or income from housecleaning or childcare. The
creditor also may use unverified income, as long as the creditor has
a reasonable basis for believing that the income exists and will
support the loan.
Paragraph 32(e)(2) Home-Improvement Contracts.
Paragraph 32(e)(2)(i).
1. Joint payees. If a creditor pays a contractor with an
instrument jointly payable to the contractor and the consumer, the
instrument must name as payee each consumer who is primarily
obligated on the note.
Paragraph 32(e)(3) Notice to Assignee.
1. Subsequent sellers or assignors. Any person, whether or not
the original creditor, that sells or assigns a mortgage subject to
this section must furnish the notice of potential liability to the
purchaser or assignee.
2. Format. While the notice of potential liability need not be
in any particular format, the notice must be prominent. Placing it
on the face of the note, such as with a stamp, is one means of
satisfying the prominence requirement.
Section 226.33--Requirements for Reverse Mortgages
33(a) Definition.
1. Nonrecourse transaction. A nonrecourse reverse mortgage
transaction limits the homeowner's liability to the proceeds of the
sale of the home (or any lesser amount specified in the credit
obligation). If a transaction structured as a closed-end reverse
mortgage transaction allows recourse against the consumer, and the
annual percentage rate or the points and fees exceed those specified
under Sec. 226.32(a)(1), the transaction is subject to all the
requirements of Sec. 226.32, including the limitations concerning
balloon payments and negative amortization.
[[Page 14959]]
Paragraph 33(a)(2).
1. Default. Default is not defined by the statute or regulation,
but rather by the legal obligation between the parties and state or
other law.
2. Definite term or maturity date. To meet the definition of a
reverse mortgage transaction, a creditor cannot require any
principal, interest, or shared appreciation or equity to be due and
payable (other than in the case of default) until after the
consumer's death, transfer of the dwelling, or the consumer ceases
to occupy the dwelling as a principal dwelling. Some state laws
require legal obligations secured by a mortgage to specify a
definite maturity date or term of repayment in the instrument.
Stating a definite maturity date or term of repayment in an
obligation does not violate the definition of a reverse mortgage
transaction if the maturity date or term of repayment used would in
no case operate to cause maturity prior to the occurrence of any of
the events recognized in the regulation. For example, a provision
that allows a reverse mortgage loan to become due and payable only
after the consumer's death, transfer, or cessation of occupancy, or
after a specified term, but which automatically extends the term for
consecutive periods as long as none of the events specified in this
section had yet occurred would be permissible.
33(c) Projected total cost of credit.
Paragraph 33(c)(1) Costs to consumer.
1. Costs and charges to consumer--relation to finance charge.
All costs and charges to the consumer that are incurred in a reverse
mortgage transaction are included in the projected total cost of
credit, and thus in the total annual loan cost rates, whether or not
the cost or charge is a finance charge under Sec. 226.4.
2. Annuity costs. As part of the credit transaction, some
creditors require or permit a consumer to purchase an annuity that
immediately--or at some future time--supplements or replaces the
creditor's payments. The amount paid by the consumer for the annuity
is a cost to the consumer under this section, regardless of whether
the annuity is purchased through the creditor or a third party, or
whether the purchase is mandatory or voluntary.
3. Disposition costs excluded. Disposition costs incurred in
connection with the sale or transfer of the property subject to the
reverse mortgage are not included in the costs to the consumer under
this paragraph. (However, see the definition of Valn in
appendix K to the regulation to determine the effect certain
disposition costs may have on the total annual loan cost rates.)
Paragraph 33(c)(2) Payments to consumer.
1. Payments upon a specified event. The projected total cost of
credit should not reflect contingent payments in which a credit to
the outstanding loan balance or a payment to the consumer's estate
is made upon the occurrence of an event (for example, a ``death
benefit'' payable if the consumer's death occurs within a certain
period of time). Thus, the table of total annual loan cost rates
required under Sec. 226.33(b)(2) would not reflect such payments. At
its option, however, a creditor may put an asterisk, footnote, or
similar type of notation in the table next to the applicable total
annual loan cost rate, and state in the body of the note, apart from
the table, the assumption upon which the total annual loan cost is
made and any different rate that would apply if the contingent
benefit were paid.
Paragraph 33(c)(3) Additional creditor compensation.
1. Shared appreciation or equity. Any shared appreciation or
equity that the creditor is entitled to receive pursuant to the
legal obligation must be included in the total cost of a reverse
mortgage loan. For example, if a creditor agrees to a reduced
interest rate on the transaction in exchange for a portion of the
appreciation or equity that may be realized when the dwelling is
sold, that portion is included in the projected total cost of
credit.
Paragraph 33(c)(4) Limitations on consumer liability.
1. In general. Creditors must include any limitation on the
consumer's liability (such as a nonrecourse limit or an equity
conservation agreement) in the projected total cost of credit. These
limits and agreements protect a portion of the equity in the
dwelling for the consumer or the consumer's estate. For example, the
following are limitations on the consumer's liability that must be
included in the projected total cost of credit:
i. A limit on the consumer's liability to a certain percentage
of the projected value of the home.
ii. A limit on the consumer's liability to the net proceeds from
the sale of the property subject to the reverse mortgage.
2. Uniform assumption for ``net proceeds'' recourse limitations.
If the legal obligation between the parties does not specify a
percentage for the ``net proceeds'' liability of the consumer, for
purposes of the disclosures required by Sec. 226.33, a creditor must
assume that the costs associated with selling the property will
equal 7 percent of the projected sale price (see the definition of
the Valn symbol under appendix K(b)(6)).
* * * * *
10. In Supplement I to Part 226, a new Appendix K--Total Annual
Loan Cost Rate Computations for Reverse Mortgage Transactions and a new
Appendix L--Assumed Loan Periods for Computations of Total Annual Loan
Cost Rates are added at the end of the supplement to read as follows:
* * * * *
Appendix K--Total Annual Loan Cost Rate Computations for Reverse
Mortgage Transactions
1. General. The calculation of total annual loan cost rates
under appendix K is based on the principles set forth and the
estimation or ``iteration'' procedure used to compute annual
percentage rates under appendix J. Rather than restate this
iteration process in full, the regulation cross-references the
procedures found in appendix J. In other aspects the appendix
reflects the special nature of reverse mortgage transactions.
Special definitions and instructions are included where appropriate.
(b) Instructions and equations for the total annual loan cost
rate.
(b)(5) Number of unit-periods between two given dates.
1. Assumption as to when transaction begins. The computation of
the total annual loan cost rate is based on the assumption that the
reverse mortgage transaction begins on the first day of the month in
which consummation is estimated to occur. Therefore, fractional
unit-periods (used under appendix J for calculating annual
percentage rates) are not used.
(b)(9) Assumption for discretionary cash advances.
1. Amount of credit. Creditors should compute the total annual
loan cost rates for transactions involving discretionary cash
advances by assuming that 50 percent of the initial amount of the
credit available under the transaction is advanced at closing or, in
an open-end transaction, when the consumer becomes obligated under
the plan. (For the purposes of this assumption, the initial amount
of the credit is the principal loan amount less any costs to the
consumer under section 226.33(c)(1).)
(b)(10) Assumption for variable-rate reverse mortgage
transactions.
1. Initial discount or premium rate. Where a variable-rate
reverse mortgage transaction includes an initial discount or premium
rate, the creditor should apply the same rules for calculating the
total annual loan cost rate as are applied when calculating the
annual percentage rate for a loan with an initial discount or
premium rate (see the commentary to Sec. 226.17(c)).
(d) Reverse mortgage model form and sample form.
(d)(2) Sample form.
1. General. The ``clear and conspicuous'' standard for reverse
mortgage disclosures does not require disclosures to be printed in
any particular type size. Disclosures may be made on more than one
page, and use both the front and the reverse sides, as long as the
pages constitute an integrated document and the table disclosing the
total annual loan cost rates is on a single page.
Appendix L--Assumed Loan Periods for Computations of Total Annual Loan
Cost Rates
1. General. The life expectancy figures used in appendix L are
those found in the U.S. Decennial Life Tables for women, as rounded
to the nearest whole year and as published by the U. S. Department
of Health and Human Services. The figures contained in appendix L
must be used by creditors for all consumers (men and women).
Appendix L will be revised periodically by the Board to incorporate
revisions to the figures made in the Decennial Tables.
By order of the Board of Governors of the Federal Reserve
System, acting through the Secretary of the Board under delegated
authority, March 28, 1996.
William W. Wiles,
Secretary of the Board.
[FR Doc. 96-8045 Filed 4-3-96; 8:45 am]
BILLING CODE 6210-01-P
Complete official Federal Register PDF
FR Doc. 96-7984 Airworthiness Directives; Boeing Model 747-100, -200, and -300 Series Airplanes
[Federal Register Volume 61, Number 66 (Thursday, April 4, 1996)]
[Rules and Regulations]
[Pages 14961-14962]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7984]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 95-NM-93-AD; Amendment 39-9559; AD 96-07-10]
Airworthiness Directives; Boeing Model 747-100, -200, and -300
Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This amendment adopts a new airworthiness directive (AD),
applicable to certain Boeing Model 747-100, -200, and -300 series
airplanes, that requires an inspection to determine if hinge bolts and
nuts are installed in the overhead stowage bins, and the installation
of hinge bolts and nuts, if necessary. This amendment is prompted by
reports that overhead stowage bins in the passenger compartment have
fallen out of position due to missing hinge bolts. The actions
specified by this AD are intended to ensure that hinge bolts are
installed in the overhead stowage bins. Missing hinge bolts could
result in the overhead stowage bins falling out of position and
injuring airplane occupants.
DATES: Effective May 6, 1996.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of May 6, 1996.
ADDRESSES: The service information referenced in this AD may be
obtained from Boeing Commercial Airplane Group, P.O. Box 3707, Seattle,
Washington 98124-2207. This information may be examined at the Federal
Aviation Administration (FAA), Transport Airplane Directorate, Rules
Docket, 1601 Lind Avenue, SW., Renton, Washington; or at the Office of
the Federal Register, 800 North Capitol Street, NW., suite 700,
Washington, DC.
FOR FURTHER INFORMATION CONTACT: Dorothy Lundy, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Transport Airplane Directorate, Seattle
Aircraft Certification Office, 1601 Lind Avenue, SW., Renton,
Washington; telephone (206) 227-1675; fax (206) 227-1181.
SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal
Aviation Regulations (14 CFR part 39) to include an airworthiness
directive (AD) that is applicable to certain Boeing Model 747-100, -
200, and -300 series airplanes was published as a supplemental notice
of proposed rulemaking in the Federal Register on January 9, 1996 (61
FR 634). That action proposed to require an inspection to determine if
hinge bolts and nuts are installed in the overhead stowage bins, and
the installation of hinge bolts and nuts, if necessary.
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
the comments received.
One commenter supports the proposed rule.
One commenter states that the inspection required by the proposed
rule is a relatively simple inspection, and the issuance of an AD
should not be required. The FAA infers that the commenter requests the
AD be withdrawn. The FAA does not concur. According to section 39.1
(``Airworthiness Directives'') of the Federal Aviation Regulations (14
CFR 39.1), the issuance of an AD is based on the finding that an unsafe
condition exists or is likely to develop in aircraft of a particular
type design. The responsibilities placed on the FAA by the Federal
Aviation Act do not limit it from making any unsafe condition--whether
resulting from maintenance, design defect, or otherwise--the proper
subject of an AD. Regardless of whether the corrective action is easy
or difficult to perform, the FAA has determined that the corrective
action must be accomplished in order to eliminate or prevent the
identified unsafe condition. Issuance of an AD is the appropriate
vehicle for ensuring that the corrective action is accomplished on all
affected airplanes.
Another commenter states that some stowage bin support panels
separated due to damaged honeycomb cores (the connection point for the
hinge bolts), not due to the absence of hinge bolts, as stated in the
proposed AD. The commenter also states that it installed an enlarged
blade assembly on the panels, and this corrected the problem. While
this commenter does not request that the proposed rule be changed, the
FAA infers that the commenter is requesting that the proposed rule be
withdrawn. In that case, the FAA does not concur. Investigation of
damaged stowage bin support panels in service revealed that the stowage
bin support panel separated because the hinge bolts were not installed
during maintenance; these occurrences prompted the issuance of the
proposed rule. Missing hinge bolts could result in the overhead stowage
bins falling out of position and injuring airplane occupants.
Additionally, the stowage bin support panels themselves must be in good
condition in order to support the interface of the hinge bolts. Prudent
operators performing the inspection of
[[Page 14962]]
the hinge bolts required by this AD would likely address any damage
found of the honeycomb cores of the panels or any damage detected of
the bin. The FAA has been advised that Boeing is currently developing
service information to address the repair of the bins. When this
information is reviewed and approved, the FAA may consider further
rulemaking.
One commenter requests that the compliance time for the inspection
be extended from the proposed 90 days to 150 days. This commenter
considers that extending it by another 60 days would allow operators to
accomplish the inspection during regularly scheduled maintenance, and
would prevent any disruption of service. The FAA does not concur. In
developing the compliance time for this rulemaking action, the FAA took
into consideration not only the safety implications associated with the
addressed unsafe condition, but parts availability, fleet utilization
rates, and normal maintenance schedules for the majority of affected
operators. In consideration of these factors, the FAA finds that the
90-day compliance time is appropriate for the one-time inspection
required by this AD. Additionally, the AD provides ``credit'' to
operators who have performed this inspection within the last 18 months
prior to the effective date of the AD. However, paragraph (b) of the
final rule does provide affected operators the opportunity to apply for
an adjustment of the compliance time if data are presented to justify
such an adjustment.
After careful review of the available data, including the comments
noted above, the FAA has determined that air safety and the public
interest require the adoption of the rule as proposed.
There are approximately 573 Model 747-100, -200, and -300 series
airplanes of the affected design in the worldwide fleet. The FAA
estimates that 157 airplanes of U.S. registry would be affected by this
AD, that it will take approximately 1 work hour per airplane to
accomplish the required actions, and that the average labor rate is $60
per work hour. Based on these figures, the cost impact of the AD on
U.S. operators is estimated to be $9,420, or $60 per airplane.
The cost impact figure discussed above is based on assumptions that
no operator has yet accomplished any of the requirements of this AD
action, and that no operator would accomplish those actions in the
future if this AD were not adopted.
The regulations adopted herein will not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government. Therefore, in
accordance with Executive Order 12612, it is determined that this final
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
For the reasons discussed above, I certify that this action (1) is
not a ``significant regulatory action'' under Executive Order 12866;
(2) is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and (3) will not have a
significant economic impact, positive or negative, on a substantial
number of small entities under the criteria of the Regulatory
Flexibility Act. A final evaluation has been prepared for this action
and it is contained in the Rules Docket. A copy of it may be obtained
from the Rules Docket at the location provided under the caption
ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (14 CFR part 39) as follows:
PART 39--AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding the following new
airworthiness directive:
96-07-10 Boeing: Amendment 39-9559. Docket 95-NM-93-AD.
Applicability: Model 747-100, -200, and -300 series airplanes,
as listed in Boeing Alert Service Bulletin 747-25A3095, Revision 1,
dated September 28, 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 request approval for an
alternative method of compliance in accordance with paragraph (b) of
this AD. The request should include an assessment of the effect of
the modification, alteration, or repair on the unsafe condition
addressed by this AD; and, if the unsafe condition has not been
eliminated, the request should include specific proposed actions to
address it.
Compliance: Required as indicated.
To ensure that hinge bolts are installed in the overhead stowage
bins, accomplish the following:
(a) Within 90 days after the effective date of this AD, unless
accomplished previously within the last 18 months prior to the
effective date of this AD, perform a one-time visual inspection to
determine if hinge bolts and nuts are installed in the overhead
stowage bins, in accordance with either Boeing Alert Service
Bulletin 747-25A3095, dated April 27, 1995, or Revision 1, dated
September 28, 1995.
(1) If the hinge bolts and nuts are installed, no further action
is required by this AD.
(2) If any hinge bolt or nut is not installed, prior to further
flight, install a hinge bolt and nut in accordance with either alert
service bulletin.
(b) An alternative method of compliance or adjustment of the
compliance time that provides an acceptable level of safety may be
used if approved by the Manager, Seattle Aircraft Certification
Office (ACO), FAA, Transport Airplane Directorate. Operators shall
submit their requests through an appropriate FAA Principal
Maintenance Inspector, who may add comments and then send it to the
Manager, Seattle ACO.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Seattle ACO.
(c) Special flight permits may be issued in accordance with
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the airplane to a location where
the requirements of this AD can be accomplished.
(d) The actions shall be done in accordance with Boeing Alert
Service Bulletin 747-25A3095, dated April 27, 1995, or Boeing Alert
Service Bulletin 747-25A3095, Revision 1, dated September 28, 1995.
This incorporation by reference was approved by the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51. Copies may be obtained from Boeing Commercial Airplane Group,
P.O. Box 3707, Seattle, Washington 98124-2207. Copies may be
inspected at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue, SW., Renton, Washington; or at the Office of the Federal
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.
(e) This amendment becomes effective on May 6, 1996.
Issued in Renton, Washington, on March 27, 1996.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 96-7984 Filed 4-3-96; 8:45 am]
BILLING CODE 4910-13-U
Complete official Federal Register PDF
FR Doc. 96-7960 Airworthiness Directives; Beech Model BAe 125-1000A and Hawker 1000 Series Airplanes
[Federal Register Volume 61, Number 66 (Thursday, April 4, 1996)]
[Rules and Regulations]
[Pages 14959-14961]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7960]
=======================================================================
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[[Page 14960]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 95-NM-141-AD Amendment 39-9560; AD 96-07-11]
Airworthiness Directives; Beech Model BAe 125-1000A and Hawker
1000 Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This amendment adopts a new airworthiness directive (AD),
applicable to all Beech Model BAe 125-1000A and Hawker 1000 series
airplanes, that requires a detailed visual inspection to detect chafing
damage to the hydraulic pipes adjacent to the hydraulic module, and
various follow-on actions. This amendment is prompted by reports of
chafing damage between hydraulic pipes at three locations in the rear
equipment bay adjacent to the hydraulic module. The actions specified
by this AD are intended to prevent such chafing damage to the hydraulic
pipe and subsequent hydraulic fluid leakage, which could lead to
failure of essential airplane systems.
DATES: Effective May 6, 1996.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of May 6, 1996.
ADDRESSES: The service information referenced in this AD may be
obtained from Beech Aircraft Corporation, Manager Service Engineering,
Hawker Customer Support Department, P.O. Box 85, Wichita, Kansas 67201-
0085. This information may be examined at the Federal Aviation
Administration (FAA), Transport Airplane Directorate, Rules Docket,
1601 Lind Avenue, SW., Renton, Washington; or at the Office of the
Federal Register, 800 North Capitol Street, NW., suite 700, Washington,
DC.
FOR FURTHER INFORMATION CONTACT: Tim Backman, Aerospace Engineer,
Standardization Branch, ANM-113, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (206)
227-2797; fax (206) 227-1149.
SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal
Aviation Regulations (14 CFR part 39) to include an airworthiness
directive (AD) that is applicable to all Beech Model BAe 125-1000A and
Hawker 1000 series airplanes was published in the Federal Register on
December 19, 1995 (60 FR 65254). That action proposed to require a
detailed visual inspection to detect chafing damage to the hydraulic
pipes located aft of frame 21 and adjacent to the hydraulic module, and
various follow-on actions (i.e., visual inspection, adjustment,
replacement, pressure test).
Interested persons have been afforded an opportunity to participate
in the making of this amendment. No comments were submitted in response
to the proposal or the FAA's determination of the cost to the public.
The FAA has determined that air safety and the public interest require
the adoption of the rule as proposed.
The FAA estimates that 27 airplanes of U.S. registry will be
affected by this AD, that it will take approximately 1 work hour per
airplane to accomplish the required actions, and that the average labor
rate is $60 per work hour. Based on these figures, the cost impact of
the AD on U.S. operators is estimated to be $1,620, or $60 per
airplane.
The cost impact figure discussed above is based on assumptions that
no operator has yet accomplished any of the requirements of this AD
action, and that no operator would accomplish those actions in the
future if this AD were not adopted.
The regulations adopted herein will not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government. Therefore, in
accordance with Executive Order 12612, it is determined that this final
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
For the reasons discussed above, I certify that this action: (1) is
not a ``significant regulatory action'' under Executive Order 12866;
(2) is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and (3) will not have a
significant economic impact, positive or negative, on a substantial
number of small entities under the criteria of the Regulatory
Flexibility Act. A final evaluation has been prepared for this action
and it is contained in the Rules Docket. A copy of it may be obtained
from the Rules Docket at the location provided under the caption
ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (14 CFR part 39) as follows:
PART 39--AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 USC 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding the following new
airworthiness directive:
96-07-11 Beech Aircraft Corporation (Raytheon Aircraft Company)
(Formerly DeHavilland; Hawker Siddeley; British Aerospace, plc;
Raytheon Corporate Jets, Inc.): Amendment 39-9560. Docket 95-NM-141-
AD.
Applicability: All Model BAe 125-1000A and Hawker 1000 series
airplanes, certificated in any category.
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
modified, altered, or repaired in the area subject to the
requirements of this AD. For airplanes that have been modified,
altered, or repaired so that the performance of the requirements of
this AD is affected, the owner/operator must request approval for an
alternative method of compliance in accordance with paragraph (b) of
this AD. The request should include an assessment of the effect of
the modification, alteration, or repair on the unsafe condition
addressed by this AD; and, if the unsafe condition has not been
eliminated, the request should include specific proposed actions to
address it.
Compliance: Required as indicated, unless accomplished
previously.
To prevent chafing damage to the hydraulic pipe and subsequent
hydraulic fluid leakage; this condition may lead to failure of
essential airplane systems, accomplish the following:
(a) Within 3 months after the effective date of this AD, perform
a detailed visual inspection to detect chafing damage to the
hydraulic pipes located aft of frame 21 and adjacent to the
hydraulic module, in accordance with Hawker Service Bulletin SB.29-
95, dated March 24, 1995.
(1) If no chafing damage is detected, prior to further flight,
perform a visual inspection to determine if adequate clearance
exists between the intersecting pipe runs, and between pipes and
adjacent equipment or structure, in accordance with the service
bulletin.
(i) If the clearance is adequate, no further action is required
by this AD.
(ii) If the clearance is inadequate, prior to further flight,
adjust the pipe connections and/or clipping to restore adequate
clearance, in accordance with the service bulletin.
(iii) If any chafing damage to other equipment or structure is
found, prior to
[[Page 14961]]
further flight, repair it in accordance with a method approved by
the Manager, Standardization Branch, ANM-113, FAA, Transport
Airplane Directorate.
(2) If any chafing damage is detected and it is beyond the
limits specified in paragraph 2.B.(4) of the service bulletin, prior
to further flight, replace the damaged pipe with a new pipe in
accordance with the service bulletin.
(3) If any chafing damage is detected within the limits
specified in paragraph 2.B.(4) of the service bulletin, prior to
further flight, perform a pressure test or replace the damaged pipe
with a new pipe in accordance with the service bulletin.
(i) If the pipes are satisfactory, no further action is required
by this AD.
(ii) If any pipe leaks and/or if any distortion occurs in or
around the area of chafing damage, prior to further flight, replace
the pipe with a new pipe in accordance with the service bulletin.
(b) An alternative method of compliance or adjustment of the
compliance time that provides an acceptable level of safety may be
used if approved by the Manager, Standardization Branch, ANM-113,
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,
Standardization Branch, ANM-113.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Standardization Branch, ANM-113.
(c) Special flight permits may be issued in accordance with
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the airplane to a location where
the requirements of this AD can be accomplished.
(d) The actions shall be done in accordance with Hawker Service
Bulletin SB.29-95, dated March 24, 1995. This incorporation by
reference was approved by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be
obtained from Beech Aircraft Corporation, Manager Service
Engineering, Hawker Customer Support Department, P.O. Box 85,
Wichita, Kansas 67201-0085. Copies may be inspected at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington; or at the Office of the Federal Register, 800 North
Capitol Street, NW., suite 700, Washington, DC.
(e) This amendment becomes effective on May 6, 1996.
Issued in Renton, Washington, on March 27, 1996.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 96-7960 Filed 4-3-96; 8:45 am]
BILLING CODE 4910-13-U
Complete official Federal Register PDF
FR Doc. 96-7915 Approval and Promulgation of State Implementation Plan; Wisconsin; Wood Furniture Coating SIP Revision
[Federal Register Volume 61, Number 66 (Thursday, April 4, 1996)]
[Rules and Regulations]
[Pages 14972-14974]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7915]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[WI62-01-7145a; FRL-5422-7]
Approval and Promulgation of State Implementation Plan;
Wisconsin; Wood Furniture Coating SIP Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) approves a revision
to the Wisconsin State Implementation Plan (SIP) for ozone that was
submitted on May 12, 1995, and later supplemented on June 14, 1995.
This revision requires the control of volatile organic compound (VOC)
emissions from facilities that perform wood furniture coating
operations. This submittal was made to satisfy the requirement of the
1990 Clean Air Act (CAA) that all major VOC sources in moderate, or
worse, ozone nonattainment areas have Reasonably Available Control
Technology (RACT) applied to them. This regulation will also be used to
generate reductions in VOC emissions, which the State will use to
fulfill the requirement of the amended Clean Air Act to reduce VOC
emissions by at least 15 percent from the 1990 baseline emissions.
In the proposed rules section of this Federal Register, the EPA is
proposing approval of, and soliciting comments on, this requested SIP
revision. If adverse comments are received on this action, the EPA will
withdraw this final rule and address the comments received in response
to this action in a final rule on the related proposed rule, which is
being published in the proposed rules section of this Federal Register.
A second public comment period will not be held. Parties interested in
commenting on this action should do so at this time. This approval
makes federally enforceable the State's rule that has been incorporated
by reference.
DATES: The ``direct final'' is effective on June 3, 1996, unless EPA
receives adverse or critical comments by May 6, 1996. If the effective
date is delayed, timely notice will be published in the Federal
Register.
ADDRESSES: Written comments should be sent to: Carlton T. Nash, Chief,
Regulation Development Section, Air Programs Branch (AR-18J), U.S.
Environmental Protection Agency, 77 West Jackson Boulevard, Chicago,
Illinois 60604.
Copies of the proposed SIP revision and EPA's analysis are
available for inspection at the U.S. Environmental Protection Agency,
Region 5, Air and Radiation Division, 77 West Jackson Boulevard,
Chicago, Illinois 60604. (Please telephone Douglas Aburano at (312)
353-6960 before visiting the Region 5 Office.)
FOR FURTHER INFORMATION CONTACT: Douglas Aburano, Environmental
Engineer, Regulation Development Section, Air Toxics and Radiation
Branch (AT-18J), U.S. Environmental Protection Agency, Region 5,
Chicago, Illinois 60604, (312) 353-6960.
SUPPLEMENTARY INFORMATION:
I. Background
Section 182(b) of the Clean Air Act sets forth the requirements for
ozone nonattainment areas which have been classified as moderate or
above. Section 182(b)(1)(A) requires those States with ozone
nonattainment areas classified as moderate or above to submit plans to
reduce VOC emissions by at least 15 percent from the 1990 baseline
emissions. The 1990 baseline, as described by EPA's emission inventory
guidance, is the amount of anthropogenic VOC emissions emitted on a
typical summer day.
Section 182(b)(2) of the CAA requires States to adopt RACT rules
for all areas designated nonattainment for ozone and classified as
moderate or above for both sources covered by Control Technology
Guidance (CTG) documents issued by EPA and all major sources not
covered by a CTG.
To fulfill the RACT requirement, and as a part of its 15 percent
plan, the State of Wisconsin has developed and adopted a rule to reduce
the VOC emissions from the wood furniture coating operations in those
areas of the State that are classified as moderate or higher. Wood
furniture coating
[[Page 14973]]
operations are covered by an EPA draft CTG document.
II. Evaluation of State Submittal
On November 15, 1993, the State of Wisconsin submitted its proposed
15 percent plan. The 15 percent plan submittal was followed by several
submittals that contain regulations that will achieve the reductions
required by the 15 percent plan. On May 12, 1995, Wisconsin submitted
its wood furniture rule, which was later supplemented on June 14, 1995,
as part of its 15 percent plan. The wood furniture coating portion of
the 15 percent plan was found complete in a letter to Don Theiler,
Director of the Wisconsin Department of Natural Resources' (WDNR)
Bureau of Air Management, dated August 5, 1995. The WDNR followed the
required legal procedures for adopting this rule which are the
prerequisites for EPA to consider in approving this rule as part of
Wisconsin's federally enforceable SIP. The WDNR held a public hearing
for this rule on September 13, 1994 and submitted it to the EPA as a
SIP revision under signature of the Governor's designee.
In developing the control requirements for this source category,
WDNR consulted the EPA's draft CTG document. The WDNR adopted the same
coating limits for VOC content found in the draft CTG. Wisconsin's
rule, NR 422.125, provides for alternate compliance methods to meet
these coating limits including emissions averaging and add-on control
devices. In addition to coating limits, the State rule requires
specific application technologies to be used to reduce the emission of
VOCs. NR 422.125 (5) and (6) require initial certification of
compliance from the affected facilities and continued recordkeeping.
All of the requirements found in the State's rule are found to be
consistent with EPA's draft CTG.
A more detailed analysis of the State's submittal is contained in a
technical support document, which is available at the Regional Office
listed above. In determining the approvability of this VOC rule, EPA
evaluated the rule for consistency with Federal requirements, including
section 110 and part D of the Clean Air Act.
III. Final Rulemaking Action
The EPA approves Wisconsin's wood furniture coating rule as being
RACT for this source category, at this time, thereby making this rule
federally enforceable.
Because EPA considers this action noncontroversial and routine, we
are approving it without prior proposal. This action will become
effective on June 3, 1996. However, if we receive adverse comments by
May 6, 1996, EPA will publish a document that withdraws this action.
IV. Miscellaneous
A. Applicability to Future SIP Decisions
Nothing in this action should be construed as permitting, allowing
or establishing a precedent for any future request for revision to any
SIP. The EPA shall consider each request for revision to the SIP in
light of specific technical, economic, and environmental factors and in
relation to relevant statutory and regulatory requirements.
B. Executive Order 12866
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214), as revised by a July
10, 1995 memorandum from Mary Nichols, Assistant Administrator for Air
and Radiation. The Office of Management and Budget has exempted this
regulatory action from E.O. 12866 review.
C. Regulatory Flexibility
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities (5 U.S.C. 603 and 604).
Alternatively, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
This approval does not create any new requirements. Therefore, I
certify that this action does not have a significant impact on any
small entities affected. Moreover, due to the nature of the Federal-
State relationship under the Act, preparation of the regulatory
flexibility analysis would constitute Federal inquiry into the economic
reasonableness of the State action. The Act forbids EPA to base its
actions concerning SIPs on such grounds. Union Electric Co. v. U.S.
EPA, 427 U.S. 246, 256-66 (1976).
D. Unfunded Mandates
Under section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, the EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
costs to State, local, or tribal governments in the aggregate; or to
the private sector, of $100 million or more. Under section 205, the EPA
must select the most cost-effective and least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 requires the EPA to establish a
plan for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
The EPA has determined that the approval action promulgated today
does not include a Federal mandate that may result in estimated costs
of $100 million or more to either State, local, or tribal governments
in the aggregate, or to the private sector.
This Federal action approves pre-existing requirements under State
or local law, and imposes no new Federal requirements. Accordingly, no
additional costs to State, local, or tribal governments, or the private
sector, result from this action.
E. Petitions for Judicial Review
Under section 307(b)(1) of the Act, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by June 3, 1996. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review, nor does
it extend the time within which a petition for judicial review may be
filed and shall not postpone the effectiveness of such rule or action.
This action may not be challenged later in proceedings to enforce its
requirements (See Section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Incorporation by reference, Intergovernmental relations, Ozone,
Reporting and recordkeeping requirements.
Dated: February 2, 1996.
Michelle D. Jordan,
Acting Regional Administrator.
For the reasons stated in the preamble, part 52, chapter I, title
40 of the Code of Federal Regulations is amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
[[Page 14974]]
Subpart YY--Wisconsin
2. Section 52.2570 is amended by adding paragraph (c)(90) to read
as follows:
Sec. 52.2570 Identification of plan.
* * * * *
(c) * * *
(90) A revision to the ozone State Implementation Plan (SIP) was
submitted by the Wisconsin Department of Natural Resources on May 12,
1995 and later supplemented on June 14, 1995. This revision consists of
volatile organic compound regulations which establish reasonably
available control technology for facilities that perform wood furniture
coating operations.
(i) Incorporation by reference. The following sections of the
Wisconsin Administrative Code are incorporated by reference.
(A) NR 422.02(3e),(7m), (16g), (16i), (16k), (41w), (42o), (42u),
(50e), (50m) and (52) as created and published in the (Wisconsin)
Register, August, 1995, No. 476, effective September 1, 1995.
(B) NR 422.02(47) as amended and published in the (Wisconsin)
Register, August, 1995, No. 476, effective September 1, 1995.
(C) NR 422.125 as created and published in the (Wisconsin)
Register, August, 1995, No. 476, effective September 1, 1995.
(D) NR 422.15(1)(intro.) as amended and published in the
(Wisconsin) Register, August, 1995, No. 476, effective September 1,
1995.
* * * * *
[FR Doc. 96-7915 Filed 4-3-96; 8:45 am]
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