issue-1996-04-17•Federal Register final rules — 1996-04-17
Federal Register final rules — 1996-04-17
issue-1996-04-17Federal Register final rules — 1996-04-17Regulation
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. 96-9462 Procedures for Changing Rules of Measurement or Rates of Tolls Technical Amendment
[Federal Register Volume 61, Number 75 (Wednesday, April 17, 1996)]
[Rules and Regulations]
[Pages 16718-16719]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9462]
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PANAMA CANAL COMMISSION
35 CFR Part 70
RIN 3207-AA37
Procedures for Changing Rules of Measurement or Rates of Tolls
Technical Amendment
AGENCY: Panama Canal Commission.
ACTION: Final rule.
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SUMMARY: The Panama Canal Commission hereby amends its procedures for
changing the rules of measurement and rates of tolls for use of the
Panama Canal. The amendment simply removes the President from any
formal participation in these procedures. This revision is mandated by
a recent Congressional enactment which transferred the President's
authority to approve such changes to the Commission. Those portions of
the rule providing for notice and public hearing remain the same. Thus,
the procedural rights of the users of the Panama Canal are unaffected
by this amendment.
EFFECTIVE DATE: April 17, 1996.
FOR FURTHER INFORMATION CONTACT: John A. Mills, Secretary, Panama Canal
Commission, 1825 I Street NW, Suite 1050, Washington, DC 20006-5402;
Telephone: (202) 634-6441; Facsimile: (202) 634-6439; or John L.
Haines, Jr., General Counsel, Panama Canal Commission, Unit 2300, APO
AA 34011-2300; Telephone: 011-507-272-7511; Facsimile: 011-507-272-
3748.
SUPPLEMENTARY INFORMATION: The Panama Canal Commission hereby amends 35
CFR Part 70 in accordance with the statutory language contained in
Subtitle B of Title XXXV of the National Defense Authorization Act for
Fiscal Year 1996, Public Law 104-106, which was signed into law on
February 10, 1996. Sections 3527 and 3528 of that law amended sections
1601 and 1604 of the Panama Canal Act of 1979, 22 U.S.C. 3791 and 3794,
by transferring final authority for effecting changes in the
measurement rules and toll rates for use of the Canal from the
President to the Canal Commission. This final rule merely implements
this statutory mandate by deleting current sections 70.14 and 70.15
which set forth the President's now-terminated role in the toll-setting
and measurement-rule procedure and amending section 70.16 to reflect
Congress' placement of final authority for such changes with the
Commission.
The Commission is proceeding with the issuance of a final rule
instead of a proposed rule with a request for comments because the rule
merely
[[Page 16719]]
eliminates from the regulations formal Presidential participation; as
noted, such participation has been eliminated already from the statute
by Congress. A request for public comment would suggest that the
Commission has some degree of discretion in this matter. Inasmuch as
the agency has no choice but to implement the terms of the statute,
such an invitation for comments would be misleading. These
circumstances bring the agency squarely within the exception to general
rulemaking requirements established in 5 U.S.C. 553(b)(B). This section
provides that such rulemaking requirements do not apply when the agency
for good cause finds that notice and public procedure thereon are
unnecessary or contrary to the public interest. Rulemaking which serves
to carry out a Congressional mandate has been described as a non-
discretionary ministerial action constituting good cause within the
meaning of 5 U.S.C. 553(b)(B). In one case, the appellate court held
that resorting to the proposed rulemaking procedures in a situation
substantially identical to this one was ``unnecessary * * * and might
even have been `contrary to the public interest.' '' Metzenbaum v.
Federal Energy Regulatory Commission, 675 F.2d 1282, 1291 (D.C. Cir.
1982).
Significantly, the Commission must still comply with the procedures
of section 1604 of the Panama Canal Act, 22 U.S.C. 3794, which requires
publication in the Federal Register of notice of any proposed change in
the rates of tolls or rules of measurement; the making available to the
public an analysis showing the basis and justification for the change;
the provision of an opportunity for interested parties to participate
in the toll-setting or measurement-change process through the
submission of written comments and appearance at a public hearing; and
publication of the final rule not less than 30 days before the
effective date of the change. In summary, the public will continue to
have the same rights to participate in proposed toll-rate or
measurement-rule changes as it has had in the past. The sole difference
is that, after such participation, the Commission, rather than the
President, will have the final approval authority.
The Commission has been exempted from Executive Order 12866 and,
accordingly, the provisions of that directive do not apply to this
final rule. Even if the Order were applicable, the change would not
constitute a ``rule'' as that term is defined in the Regulatory
Flexibility Act [5 U.S.C. 601(2)] because: (1) it concerns ``rates''
and ``practices relating'' thereto; and (2) as noted above, is not a
rule for which the agency must publish a general notice of proposed
rulemaking pursuant to 5 U.S.C. 553(b). Additionally, its
implementation would not have a significant economic impact on a
substantial number of small entities as defined under that Act.
Further, the agency has determined that implementation of the rule
will have no adverse effect on competition, employment, investment,
productivity, innovation, or on the ability of the United States-based
enterprises to compete with foreign-based enterprises in domestic or
export markets.
Because a notice of proposed rulemaking and opportunity for public
comment are not required to be given for this final rule by the
Administrative Procedure Act (5 U.S.C. 553) or by any other law, under
sections 603(a) and 604(a) of the Regulatory Flexibility Act (5 U.S.C.
601), no initial or final regulatory flexibility analysis has to be or
will be prepared.
Finally, the Administrator of the Panama Canal Commission certifies
that these changes in regulations meet the applicable standards
provided in sections 3(a) and 3(b)(2) of Executive Order No. 12988.
List of Subjects in 35 CFR Part 70
Measurement, Navigation, Panama Canal, Vessels.
Accordingly, 35 CFR Part 70 is amended as follows:
PART 70--PROCEDURES FOR CHANGING RULES OF MEASUREMENT OR RATES OF
TOLLS
1. The authority citation for part 70 is revised to read as
follows:
Authority: Sections 1601-1604 and 1801, Pub. L. 96-70, 93 Stat.
489-492, 22 U.S.C. 3791-3794, 3811; sections 3527 and 3528, Pub. L.
104-106; EO 12215, 45 FR 36043, 3 CFR, 1981 Comp., p. 257.
Secs. 70.14 and 70.15 [Removed]
2. Sections 70.14 and 70.15 are removed.
Sec. 70.16 [Redesignated as Sec. 70.14]
3. Section 70.16 is redesignated as Sec. 70.14 and amended by
removing the word ``President'' and inserting, in its place, the word
``Commission.''
Dated: April 1, 1996.
Gilberto Guardia F.,
Administrator, Panama Canal Commission.
[FR Doc. 96-9462 Filed 4-16-96; 8:45 am]
BILLING CODE 3640-04-P
Complete official Federal Register PDF
FR Doc. 96-9435 Safety Zone: Elizabeth and York Rivers, VA
[Federal Register Volume 61, Number 75 (Wednesday, April 17, 1996)]
[Rules and Regulations]
[Pages 16714-16715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9435]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165
[CGD 05-96-015]
RIN 2115-AA97
Safety Zone: Elizabeth and York Rivers, VA
AGENCY: Coast Guard, DOT.
ACTION: Temporary rule.
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SUMMARY: The Coast Guard is establishing a temporary moving safety zone
during the movement of a bridge span to be used in the replacement of
the Coleman Bridge. The safety zone will consist of all waters area
within 500 yards of the tugs and tow moving the bridge span as they
transit the thirty miles between Norfolk International Terminals (NIT)
on the Elizabeth River and the Coleman Bridge on the York River. The
safety zone is needed to ensure the safety of mariners operating in the
vicinity and to ensure the safety of all personnel involved with the
movement of the bridge spans.
EFFECTIVE DATES: This rule is effective from March 26, 1996 to April
24, 1996 unless sooner terminated by the Captain of the Port, Hampton
Roads, Virginia.
FOR FURTHER INFORMATION CONTACT: Lieutenant Katherine Weathers, Chief,
Port Safety and Security Branch, (804) 441-3290.
SUPPLEMENTARY INFORMATION: In accordance with 5 U.S.C. 553, a Notice of
Proposed Rule Making (NPRM) was not published for this rule and good
cause exists for making it effective less than 30 days after Federal
Register publication. Publishing an NPRM and delaying its effective
date would be contrary to the public interest since the safety zone is
necessary to protect those in the maritime community operating in
vicinity of this tow and those taking part in the operation. Due to
structural design and time restrictions, it was determined by the
contractor that the new south suspended span of the Coleman Bridge
should be moved to the existing bridge site and anchored in the York
River earlier than previously scheduled. The Coast Guard's decision to
establish this moving safety zone without an NPRM and less than 30 days
after its publication in the Federal Register was based upon this
recent change in the contractor's schedule. In a related rulemaking, an
NPRM was
[[Page 16715]]
published on March 14, 1996 in the Federal Register (61 FR 10493)
discussing proposed safety zones for other parts of the Coleman Bridge
Replacement Project to begin April 27, 1996.
Background and Purpose
The Coleman Bridge, which crosses the York River, connecting
Yorktown, Virginia to Gloucester, Virginia, is scheduled to be
dismantled and replaced during April and May 1996. The new bridge is
being constructed in six sections at Norfolk International Terminal.
These six spans will then be transported via barge thirty miles to the
existing bridge site. Prepositioning of these new spans at the bridge
site in the York River will help reduce the amount of time the bridge
will be closed to vehicle traffic. The bridge spans range between 210
feet long and 559 feet long and will be resting perpendicular to the
barges transporting them. On March 26, 1996, the first new bridge
section, a 210-foot suspended span, is scheduled to be moved from NIT
to the existing bridge site via barge where it will be anchored until
May when the bridge is dismantled and replaced. Due to the size of the
tow, the distance to be covered, and the busy port area in which the
tow will be transiting, a moving safety zone around the bridge span
while in transit is necessary to protect those in the maritime
community operating in the vicinity and those taking part in the
project.
Discussion of Temporary Rule
The Coast Guard is establishing a 500-yard moving safety zone
around the tugs and tows transporting the first span, a 210-foot
suspended span, to be used in the Coleman Bridge Replacement Project. A
tow consisting of two 180-foot barges rigidly connected in a catamaran
configuration will be pushed by two tugs. The bridge span will sit
perpendicular to the barges atop steel towers simulating the height of
the bridge piers. The barges are specially configured for the carriage
of this span and will be severely restricted in their ability to
maneuver and susceptible to wake damage. Therefore, this moving safety
zone will be in effect during the entire thirty mile transit between
NIT and the Coleman Bridge until the barges are anchored at their
destination in the York River.
Regulatory Evaluation
This temporary 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 rule to be so minimal that a full Regulatory
Evaluation under paragraph 10e of the regulatory policies and
procedures of DOT is unnecessary.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this temporary 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. Because it expects the impact of this
temporary rule to be minimal, the Coast Guard certifies under 5 U.S.C.
605(b) that this temporary rule, if adopted, will not have a
significant economic impact on a substantial number of small entities.
Collection of Information
This temporary 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 rule under the
principles and criteria contained in Executive Order 12612 and has
determined that this temporary 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 rule and concluded that under paragraph 2.B.2.e.(34) of
Commandant Instruction M16475.1B (as revised by 59 FR 38654; July 29,
1994), this temporary rule is categorically excluded from further
environmental documentation.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons set out in the preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165--[AMENDED]
1. The authority citation for Part 165 continues to read as
follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g),
6.04-1, 6.04-6, and 160.5; 49 CFR 1.46.
2. Temporary Sec. 165.T05-015 is added to read as follows:
Sec. 165.T05-015 Safety Zone: James River, Elizabeth River, Chesapeake
Bay, Port of Hampton Roads, VA.
(a) Location: The following area is a safety zone:
(1) All waters within 500 yards of any tug and tow involved in
moving the 210-foot suspended span to be used in the replacement of the
Coleman Bridge while this tow transits between Norfolk International
Terminals (NIT) located on the Elizabeth River at the Norfolk Harbor
Reach and the Coleman Bridge, which crosses the York River connecting
Yorktown, Virginia with Gloucester Point, Virginia.
(b) Definitions:
Captain of the Port means the Captain of the Port of Hampton Roads,
VA or any Coast Guard commissioned, warrant, or petty officer who has
been authorized by the Captain of the Port Hampton Roads to act on his
behalf.
(c)(1) In accordance with the general provisions in Secs. 165.23
and 165.501 of this part, entry into the zones described in paragraph
(a) of this section is prohibited unless authorized by the Captain of
the Port. The general requirements of Secs. 165.23 and 165.501 also
apply to this section.
(2) Persons or vessels requiring entry into a passage through this
safety zone must first request authorization from the Captain of the
Port. The Coast Guard vessels enforcing the safety zone can be
contacted on VHF Marine Band Radio, channels 13 and 16. The Captain of
the Port may be contacted at telephone number (804) 441-3314 or at the
Marine Safety Office, Hampton Roads, VA.
(d) The Captain of the Port will notify the public of the safety
zone and changes in the status of this zone by Marine Safety Broadcast
on VHF Marine Band Radio, Channel 22 (157.1 MHz).
Dated: March 25, 1996.
Dennis A. Sande,
Captain, Captain of the Port.
[FR Doc. 96-9435 Filed 4-16-96; 8:45 am]
BILLING CODE 4910-14-M
Complete official Federal Register PDF
FR Doc. 96-9434 Safety Zone: Atlantic Intracoastal Waterway, Vicinity of Marine Corps Base Camp LeJeune, NC
[Federal Register Volume 61, Number 75 (Wednesday, April 17, 1996)]
[Rules and Regulations]
[Pages 16715-16717]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9434]
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[[Page 16716]]
DEPARTMENT OF TRANSPORTATION
33 CFR Part 165
[CGD 05-96-016]
RIN 2115-AA97
Safety Zone: Atlantic Intracoastal Waterway, Vicinity of Marine
Corps Base Camp LeJeune, NC
AGENCY: Coast Guard, DOT.
ACTION: Temporary rule.
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SUMMARY: The Coast Guard Captain of the Port, Wilmington, is
establishing a safety zone in the Atlantic Intracoastal Waterway (AICW)
along Marine Corps Base Camp Lejeune (MCB), North Carolina. The safety
zone encompasses the waters of the Atlantic Intracoastal Waterway
between the Onslow Beach Swing Bridge and lighted dayboard 65A. The
safety zone is needed to protect people, vessels, and property from
safety hazards associated with the launching of inert line charges and
the construction of a floating bridge in support of amphibious assault
training. Entry of vessels or persons into this zone is prohibited
unless specifically authorized by the Captain of the Port.
EFFECTIVE DATES: This rule is effective from 8 p.m. May 9, 1996 to 2
a.m. May 10, 1996; and from 8 a.m. to 12 p.m. (noon) and from 1 p.m. to
5 p.m. May 10, 1996 unless sooner terminated by the Captain of the
Port. In the event of adverse weather, the effective dates may be
shifted to the following day.
FOR FURTHER INFORMATION CONTACT: LTJG K.J. DeLooff, USCG, Project
Officer, c/o Commanding Officer, U.S. Coast Guard Marine Safety Office,
272 North Front Street, Wilmington, North Carolina 28401-3907. Phone:
(910) 343-4895, Extension 108.
SUPPLEMENTARY INFORMATION:
Discussion of Regulation
MCB Camp Lejeune will conduct training assaults on a simulated
mined beach and constructing a floating bridge for following vehicles.
The assault begins by firing inert line charges which clears the
simulated minefield. Each inert line charge is propelled by a 5 foot
solid fuel rocket from which the inert explosives trail. The rocket is
typically prevented from flying its full flight by a cable attached to
the firing point. If this cable breaks, the rocket motor, and possibly
the inert line charge could impact in the Atlantic Intracoastal
Waterway (AICW).
The bridge construction exercise uses a floating bridge that joins
several large floating platforms together and obstructs the AICW while
the bridge is carrying military vehicles.
The Coast Guard is establishing a safety zone to prevent damage or
injury which could result from this training exercise and will prevent
vessels from transiting during the firing of the line charge and bridge
deployment.
The safety zone will be effective from 8 p.m. May 9 to 2 a.m. May
10, 8 a.m. to 12 p.m. (noon) and 1 p.m to 5 p.m. May 10, 1996 unless
sooner terminated by the Captain of the Port (COTP). In the event of
adverse weather, the effective dates may be shifted to the following
day. The waterway will actually be closed for a four hour period during
the period between 8 p.m. May 9 and 2 a.m. May 10. However, the start
time is subject to change. The COTP will announce via VHF channel 16
the specific times that this section will be enforced and the waterway
will be closed to traffic. Vessels from either the U.S. Coast Guard or
U.S. Navy will patrol each end of the safety zone to inform and control
vessel traffic.
The safety zone includes:
The waters of the Atlantic Intracoastal Waterway from the Onslow
Beach Swing Bridge at approximately 34 deg.34'24.5'' North,
077 deg.16'17'' West to lighted dayboard 65A at approximately
34 deg.32'40.0'' North, 077 deg.19' West.
In accordance with 5 U.S.C. 553, a notice of proposed rulemaking
was not published for this regulation. Publishing a NPRM and delaying
the effective date would be contrary to the public interest since
immediate action is needed to protect mariners from potential hazards
associated with potential flight of a rocket propelled inert line
charge over navigable waters. The final schedule for this event and
other related activities was not finalized and communicated to the
Coast Guard in sufficient time to allow for a period for comments.
Assessment
This 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 rule to be so
minimal that a full Regulatory Evaluation under paragraph 10e of the
regulatory policies and procedures of DOT is unnecessary.
Collection of Information
This rule contains no information collection requirements under the
Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this rule under the principles and
criteria contained in Executive Order 12612 and has determined that
this 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 rule
and concluded that, under paragraph 2.B.2.e(34) of Commandant
Instruction M16475.1B (amended by 59 FR 38654), this rule is
categorically excluded from further environmental documentation.
List of Subjects in 33 CFR Part 165
Harbors, Marine Safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons set out in the preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165--[AMENDED]
1. The authority citation for Part 165 continues to read as
follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g),
6.04-1, 6.04-6, and 160.5; 49 CFR 1.46.
2. A new temporary section 165.T5016 is added to read as follows:
Sec. 165.T5016 Safety Zone: Atlantic Intracoastal Waterway, Marine
Corps Base Camp Lejeune, North Carolina.
(a) Location. The following area is a safety zone:
(1) The waters of the Atlantic Intracoastal Waterway from the
Onslow Beach Swing Bridge at approximately 34 deg.34'24.5'' North,
077 deg.16'17'' West to lighted dayboard 65A at approximately
34 deg.32'40.0'' North, 077 deg.19' West. (Datum: NAD83)
(b) No person or vessel may enter the safety zone without the
permission of the COTP or his designated representative.
(c) The COTP or his designated representative will announce times
during which this section will be enforced.
(d) The COTP or his designated representative may be contacted at
the Marine Safety Office, Wilmington, NC by telephone at (910) 343-4895
or by radio on VHF-FM channel 16.
[[Page 16717]]
Dated: March 25, 1996.
T.L. Rice,
Captain, U.S. Coast Guard, Captain of the Port, Wilmington, NC.
[FR Doc. 96-9434 Filed 4-16-96; 8:45 am]
BILLING CODE 4910-14-M
Complete official Federal Register PDF
FR Doc. 96-9433 Anchorage Grounds, Mississippi River Below Baton Rouge, LA, Including South and Southwest Passes
[Federal Register Volume 61, Number 75 (Wednesday, April 17, 1996)]
[Rules and Regulations]
[Pages 16711-16714]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9433]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 110
[CGD08-96-002]
RIN 2115-AA98
Anchorage Grounds, Mississippi River Below Baton Rouge, LA,
Including South and Southwest Passes
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard is revising 33 CFR 110.195 Mississippi River
below Baton Rouge, La., including South and Southwest Passes in order
to expand six anchorages and establish three new anchorages in response
to revetment work along the banks of the Mississippi River by the Army
Corps of Engineers which has reduced the available space within
existing anchorages.
EFFECTIVE DATE: May 17, 1996.
FOR FURTHER INFORMATION CONTACT:
Mr. M.M. Ledet, Project Officer, Commander (oan), Eighth Coast Guard
District, 501 Magazine Street, New Orleans, LA 70130-3396. Telephone
(504) 589-4686.
Supplementary Information:
Regulatory History
On Monday, November 13, 1995, the Coast Guard published a notice of
proposed rulemaking entitled Anchorage Grounds, Mississippi River Below
Baton Rouge, LA., including South and Southwest Passes in the Federal
Register (60 FR 218). The Coast Guard received 92 letters commenting on
the proposal. A public hearing was not requested and one was not held.
Discussion of Comments and Changes
Ninety comments were received supporting the establishment of
additional safe anchorages. Three negative comments were received. The
first of these three comments requested the description of the
anchorage ground be rewritten to exclude revetment areas; the wording
in this final rule has been changed to exclude revetments. The second
of these three comments regarded the proposed establishment of the
Giesmar Anchorage. G W Contractors, Inc were granted an Army Corps of
Engineers permit [SE (Mississippi River) 1311] on December 26, 1989 to
extend an existing barge fleeting facility, and install and maintain
ten anchor piles with chains and mooring buoys for ship mooring between
mile 184.6 and mile 185.4 above Head of Passes. Due to the potential
installation of this facility the proposed Giesmar Anchorage has been
deleted from this final rule. The Coast Guard reserves the right to
revisit the Giesmar location for future anchorage space if construction
of the proposed facility does not take place within the permitted time
frame. The third comment was from the Town of Gramercy, who requested
that the Lower Grandview Reach Anchorage be adjusted to prevent ships
from damaging the town's water intake. Due to this request, the Coast
Guard has reconfigured the Lower Grandview Reach Anchorage into two
separate anchorages, the Lower Grandview Reach Anchorage and the Middle
Grandview Reach Anchorage in the final rule.
The remaining anchorages are being adopted as proposed.
Regulatory Evaluation
This rule is not 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)
[[Page 16712]]
(44 FR 11040; February 26, 1979). The Coast Guard expects the economic
impact of this proposal to be so minimal that a full Regulatory
Evaluation under paragraph 10e of the regulatory policies and
procedures of DOT is unnecessary. The regulation will have a positive
impact on steamship companies and shipping support activities. The
regulation will also enhance safe navigation on the Lower Mississippi
River by providing additional safe anchorage space outside the
navigation channel for large vessels.
Small Entities
The Coast Guard has received no comments on impacts this rule will
have on small entities. Therefore, the Coast Guard certifies under
section 605(b) of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
that this final rule will not have a significant economic impact on a
substantial number of small entities.
Collection of Information
This action contains no collection of information requirements
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq).
Federalism Assessment
This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 12612, and it has been determined
that this final rule does not raise sufficient federalism concerns to
warrant the preparation of a Federalism Assessment.
Environmental Assessment
This final rule has been thoroughly reviewed by the Coast Guard. It
has been determined not to have a significant effect on the human
environment or environmental conditions and to be categorically
excluded from further environmental documentation in accordance with
section 2.B.2.c. of Commandant Instruction M16475.1B.
List of Subjects in 33 CFR Part 110
Anchorage grounds.
Regulation
For the reasons set forth in the preamble, the Coast Guard amends
Part 110 of Title 33, Code of Federal Regulations as follows:
PART 110--ANCHORAGE REGULATIONS
1. The authority citation for part 110 continues to read as
follows:
Authority: 33 U.S.C. 471, 2030, 2035 and 2071; 49 CFR 1.46 and
33 CFR 1.05-1(g). Section 110.1a and each section listed in 110.1a
are also issued under 33 U.S.C. 1223 and 1231.
2. Section 110.195 is amended by revising paragraphs (a)(4),
(a)(5), (a)(7) through (a)(30) inclusive, (b) and (c), and adding new
paragraphs (a)(31), (a)(32), and (a)(33) to read as follows:
Sec. 110.195 Mississippi River below Baton Rouge, La., including South
and Southwest Passes.
(a) * * *
(1) * * *
(2) * * *
(3) * * *
(4) Boothville Anchorage. An area 6.3 miles in length along the
right descending bank of the river extending from mile 12.2 to mile
18.5 above Head of Passes. The width of the anchorage is 750 feet. The
inner boundary of the anchorage is a line parallel to the nearest bank
250 feet from the water's edge into the river as measured from the Low
Water Reference Plane (LWRP). The outer boundary of the anchorage is a
line parallel to the nearest bank 1,000 feet from the water's edge into
the river as measured from the Low Water Reference Plane (LWRP).
(5) Ostrica Anchorage. An area 1.4 miles in length along the right
descending bank of the river extending from mile 23.0 to mile 24.4
above Head of Passes. The width of the anchorage is 800 feet.
(6) * * *
(7) Magnolia Anchorage. An area 2.1 miles in length along the right
descending bank of the river extending from mile 45.5 to mile 47.6
above Head of Passes. The width of the anchorage is 700 feet. The inner
boundary of the anchorage is a line parallel to the nearest bank 400
feet from the water's edge into the river as measured from the LWRP.
The outer boundary of the anchorage is a line parallel to the nearest
bank 1,100 feet from the water's edge into the river as measured from
the LWRP.
(8) Point Celeste Anchorage. An area 2.2 miles in length along the
right descending bank of the river extending from mile 49.8 to mile
52.0 above Head of Passes. The width of the anchorage is 400 feet. The
inner boundary of the anchorage is a line parallel to the nearest bank
400 feet from the water's edge into the river as measured from the
LWRP. The outer boundary of the anchorage is a line parallel to the
nearest bank 800 feet from the water's edge into the river as measured
from the LWRP.
(9) Davant Anchorage. An area 1.1 miles in length along the left
descending bank of the river extending from mile 52.8 to mile 53.9
above Head of Passes. The width of the anchorage is 800 feet.
(10) Alliance Anchorage. An area 2.0 miles in length along the
right descending bank of the river extending from mile 63.8 to mile
65.8 above Head of Passes. The width of the anchorage is 400 feet. The
inner boundary of the anchorage is a line parallel to the nearest bank
400 feet from the water's edge into the river as measured from the
LWRP. The outer boundary of the anchorage is a line parallel to the
nearest bank 800 feet from the water's edge into the river as measured
from the LWRP.
(11) Wills Point Anchorage. An area 1.1 miles in length along the
left descending bank of the river extending from mile 66.5 to mile 67.6
above Head of Passes. The width of the anchorage is 600 feet. The inner
boundary of the anchorage is a line parallel to the nearest bank 200
feet from the water's edge into the river as measured from the LWRP.
The outer boundary of the anchorage is a line parallel to the nearest
bank 800 feet from the water's edge into the river as measured from the
LWRP.
(12) Cedar Grove Anchorage. An area 1.2 miles in length along the
right descending bank of the river extending from mile 69.9 to mile
71.1 above Head of Passes. The width of the anchorage is 500 feet. The
inner boundary of the anchorage is a line parallel to the nearest bank
200 feet from the water's edge into the river as measured from the
LWRP. The outer boundary of the anchorage is a line parallel to the
nearest bank 700 feet from the water's edge into the river as measured
from the LWRP.
(13) Belle Chasse Anchorage. An area 2.1 miles in length along the
right descending bank of the river extending from mile 73.1 to mile
75.2 above Head of Passes. The width of the anchorage is 575 feet. The
inner boundary of the anchorage is a line parallel to the nearest bank
425 feet from the water's edge into the river as measured from the
LWRP. The outer boundary of the anchorage is a line parallel to the
nearest bank 1,000 feet from the water's edge into the river as
measured from the LWRP.
(14) Lower 12 Mile Point Anchorage. An area 2.2 miles in length
along the right descending bank of the river extending from mile 78.6
to mile 80.8 above Head of Passes. The width of the anchorage is 500
feet. The inner boundary of the anchorage is a line parallel to the
nearest bank 300 feet from the water's edge into the river as measured
from the LWRP. The outer boundary of the anchorage is a line parallel
to the nearest bank 800 feet from the water's edge into the river as
measured from the LWRP.
[[Page 16713]]
(15) Lower 9 Mile Point Anchorage. An area 2.3 miles in length
along the right descending bank of the river extending from mile 82.7
to mile 85.0 above Head of Passes. The width of the anchorage is 500
feet. The inner boundary of the anchorage is a line parallel to the
nearest bank 300 feet from the water's edge into the river as measured
from the LWRP. The outer boundary of the anchorage is a line parallel
to the nearest bank 800 feet from the water's edge into the river as
measured from the LWRP.
Caution: A wreck is located within the boundaries of this
anchorage. Mariners are urged to use caution in this anchorage.
(16) New Orleans Emergency Anchorage. An area 0.5 miles in length
along the right descending bank of the river extending from mile 89.6
to mile 90.1 above Head of Passes. The width of the anchorage is 550
feet. The inner boundary of the anchorage is a line parallel to the
nearest bank 250 feet from the water's edge into the river as measured
from the LWRP. The outer boundary of the anchorage is a line parallel
to the nearest bank 800 feet from the water's edge into the river as
measured from the LWRP.
Note: No vessel shall occupy this anchorage unless expressly
authorized by the Captain of the Port. No vessel may anchor in this
anchorage exceeding 24 hours without the authorization of the
Captain of the Port.
(17) New Orleans General Anchorage. An area 0.8 miles in length
along the right descending bank of the river extending from mile 90.1
to mile 90.9 above Head of Passes. The width of the anchorage is 550
feet. The inner boundary of the anchorage is a line parallel to the
nearest bank 250 feet from the water's edge into the river as measured
from the LWRP. The outer boundary of the anchorage is a line parallel
to the nearest bank 800 feet from the water's edge into the river as
measured from the LWRP.
(18) Quarantine Anchorage. An area 0.7 miles in length along the
right descending bank of the river extending from mile 90.9 to mile
91.6 above Head of Passes. The width of the anchorage is 800 feet.
Caution: A wreck is located within the boundaries of this
anchorage. Mariners are urged to use caution in this anchorage.
Note: Vessels carrying cargos of particular hazard as defined in
33 CFR 126.10 or cargos of petroleum products in bulk may not be
anchored in the New Orleans General Anchorage or the Quarantine
Anchorage without permission from the Captain of the Port.
Except when required by the United States Public Health Service
for quarantine inspection, the Quarantine Anchorage may be used as a
general anchorage.
(19) Lower Kenner Bend Anchorage. An area 1.0 miles in length along
the right descending bank of the river extending from mile 113.3 to
mile 114.3 above Head of Passes. The width of the anchorage is 350
feet. The inner boundary of the anchorage is a line parallel to the
nearest bank 350 feet from the water's edge into the river as measured
from the LWRP. The outer boundary of the anchorage is a line parallel
to the nearest bank 700 feet from the water's edge into the river as
measured from the LWRP.
(20) Kenner Bend Anchorage. An area 0.9 miles in length along the
right descending bank of the river extending from mile 114.7 to mile
115.6 above Head of Passes. The width of the anchorage is 700 feet.
(21) Ama Anchorage. An area 1.8 miles in length along the left
descending bank of the river extending from mile 115.5 to mile 117.3
above Head of Passes. The width of the anchorage is 400 feet. The inner
boundary of the anchorage is a line parallel to the nearest bank 300
feet from the water's edge into the river as measured from the LWRP.
The outer boundary of the anchorage is a line parallel to the nearest
bank 700 feet from the water's edge into the river as measured from the
LWRP.
Caution: A wreck is located at mile 115.4 left descending bank
above Head of Passes marked by Mississippi River Wreck Lighted Buoy
WR4. Mariners are urged to use caution when anchoring in the lower
end of this anchorage.
(22) Bonnet Carre Anchorage. An area 1.5 miles in length along the
left descending bank of the river extending from mile 127.3 to mile
128.8 above Head of Passes. This area is located adjacent to the river
end of the Bonnet Carre Spillway. The width of the anchorage is 600
feet.
Note: When the Bonnet Carre Spillway is open, no vessel may be
anchored in the Bonnet Carre Anchorage.
(23) La Place Anchorage. An area 0.7 miles in length along the left
descending bank of the river extending from mile 134.7 to mile 135.4
above Head of Passes. The width of the anchorage is 600 feet.
(24) Reserve Anchorage. An area 0.5 miles in length along the right
descending bank of the river extending from mile 137.0 to mile 137.5
above Head of Passes. The width of the anchorage is 500 feet. The inner
boundary of the anchorage is a line parallel to the nearest bank 300
feet from the water's edge into the river as measured from the LWRP.
The outer boundary of the anchorage is a line parallel to the nearest
bank 800 feet from the water's edge into the river as measured from the
LWRP.
(25) Lower Grandview Reach Anchorage. An area 0.3 miles in length
along the left descending bank of the river extending from mile 146.4
to mile 146.7 above Head of Passes. The width of the anchorage is 500
feet. The inner boundary of the anchorage is a line parallel to the
nearest bank 200 feet from the water's edge into the river as measured
from the LWRP. The outer boundary of the anchorage is a line parallel
to the nearest bank 700 feet from the water's edge into the river as
measured for the LWRP.
(26) Middle Grandview Reach Anchorage. An area 0.4 miles in length
along the left descending bank of the river extending from mile 146.8
to mile 147.2 above Head of Passes. The width of the anchorage is 500
feet. The inner boundary of the anchorage is a line parallel to the
nearest bank 200 feet from the water's edge into the river as measured
from the LWRP. The outer boundary of the anchorage is a line parallel
to the nearest bank 700 feet from the water's edge into the river as
measured from the LWRP.
(27) Upper Grandview Reach Anchorage. An area 1.3 miles in length
along the left descending bank of the river extending from mile 147.5
to mile 148.8 above Head of Passes. The width of the anchorage is 500
feet. The inner boundary of the anchorage is a line parallel to the
nearest bank 200 feet from the water's edge into the river as measured
from the LWRP. The outer boundary of the anchorage is a line parallel
to the nearest bank 700 feet from the water's edge into the river as
measured from the LWRP.
(28) Sunshine Anchorage. An area 2.0 miles in length along the left
descending bank of the river extending from mile 165.0 to mile 167.0
above Head of Passes. The width of the anchorage is 450 feet. The inner
boundary of the anchorage is a line parallel to the nearest bank 350
feet from the water's edge into the river as measured from the LWRP.
The outer boundary of the anchorage is a line parallel to the nearest
bank 800 feet from the water's edge into the river as measured from the
LWRP.
(29) White Castle Anchorage. An area 0.7 miles in length along the
right descending bank of the river extending from mile 190.4 to mile
191.1 above Head of Passes. The width of the anchorage is 300 feet. The
inner boundary of the anchorage is a line parallel to the nearest bank
400 feet
[[Page 16714]]
from the water's edge into the river as measured from the LWRP. The
outer boundary of the anchorage is a line parallel to the nearest bank
700 feet from the water's edge into the river as measured from the
LWRP.
(30) Baton Rouge General Anchorage. An area 1.5 miles in length
along the right descending bank of the river, 1,400 feet wide,
extending from mile 225.8 to mile 227.3 above Head of Passes.
Caution: Two wrecks are located within the boundaries of this
anchorage. Mariners are urged to use caution in this anchorage.
(31) Lower Baton Rouge Anchorage. An area 0.5 miles in length near
mid-channel between mile 228.5 and mile 229.0 above Head of Passes with
the west limit 1,100 feet off the right descending bank and having the
width of 700 feet at both the upper and lower limits.
(32) Middle Baton Rouge Anchorage. An area 0.2 miles in length near
mid-channel between mile 229.6 and mile 229.8 above Head of Passes with
the west limit 1,100 feet off the right descending bank and having a
width of 700 feet at both the upper and lower limits.
(33) Upper Baton Rouge Anchorage. An area 0.4 miles in length near
mid-channel between mile 230.6 and mile 231.0 above Head of Passes with
the west limit 1,100 feet off the right descending bank and having a
width of 1,075 feet at the upper limit and 1,200 feet at the lower
limit.
(b) Temporary Anchorages. Temporary anchorages are non-permanent
anchorages established by the Commander, Eighth Coast Guard District to
provide additional anchorage space. Establishment of temporary
anchorages is based on recommendations by the Captain of the Port.
(2) Each vessel using temporary anchorages shall anchor as
prescribed by the Captain of the Port.
(3) Establishment of each temporary anchorage and any requirement
for the temporary anchorage will be published in the Local Notice of
Mariners.
(4) Each person who has notice of any requirement prescribed for a
temporary anchorage shall comply with that requirement.
(c) The Regulations. (1) Anchoring in the Mississippi River below
Baton Rouge, LA., including South and Southwest Passes is prohibited
outside of established anchorages except in cases of emergency. In an
emergency, if it becomes necessary to anchor a vessel outside an
established anchorage, the vessel shall be anchored so that it does not
interfere with or endanger any facility or other vessel. The master or
person in charge of the vessel shall notify the Captain of the Port of
the location of the emergency anchoring by the most expeditious means
and shall move the vessel as soon as the emergency is over.
(2) In an emergency, if it becomes necessary to anchor a vessel in
South Pass or Southwest Pass, the vessel shall be positioned as close
to the left descending bank as possible.
(3) No vessel may be anchored unless it maintains a bridge watch,
guards and answers Channel 16 FM (or the appropriate VTS New Orleans
sector frequency), maintains an accurate position plot and can take
appropriate action to ensure the safety of the vessel, structure, and
other vessels.
(4) When anchoring individually, or in fleets, vessels shall be
anchored with sufficient anchors, or secured with sufficient lines, to
ensure their remaining in place and withstanding the actions of winds,
currents and the suction of passing vessels.
(5) No vessel may be anchored over revetted banks of the river or
within any cable or pipeline area. The locations of revetted areas and
cable and pipeline areas may be obtained from the District Engineer,
Corps of Engineers, New Orleans, LA.
(6) The intention to transfer any cargo while in an anchorage shall
be reported to the Captain of the Port, giving particulars as to name
of ships involved, quantity and type of cargo, and expected duration of
the operation. The Captain of the Port shall be notified upon
completion of operations. Cargo transfer operations are not permitted
in the New Orleans General or Quarantine Anchorages. Bunkering and
similar operations related to ship's stores are exempt from reporting
requirements.
Note: Activities conducted within a designated anchorage (e.g.
cargo transfer, tank cleaning, stack blowing, etc.) may be
restricted by other Federal, State or local regulations. Owners, or
persons in charge of any vessel should consider all safety and/or
environmental regulations prior to engaging in any activity within
designated anchorages.
(7) Nothing in this section relieves the owner or person in charge
of any vessel from the penalties for obstructing or interfering with
navigational aids or for failing to comply with the navigation laws for
lights, day shapes, or fog signals and any other applicable laws and
regulations.
Dated: March 27, 1996.
C.B. Newlin,
Captain, U.S. Coast Guard, Acting Commander, 8th Coast Guard District.
[FR Doc. 96-9433 Filed 4-16-96; 8:45 am]
BILLING CODE 4910-14-M
Complete official Federal Register PDF
FR Doc. 96-9432 Special Local Regulations for Marine Events; Safety at Sea Seminar, Elizabeth River, Nauticus, Norfolk, VA
[Federal Register Volume 61, Number 75 (Wednesday, April 17, 1996)]
[Rules and Regulations]
[Page 16711]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9432]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
33 CFR Part 100
[CGD-05-96-017]
Special Local Regulations for Marine Events; Safety at Sea
Seminar, Elizabeth River, Nauticus, Norfolk, VA
AGENCY: Coast Guard, DOT.
ACTION: Notice of implementation.
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SUMMARY: This document implements 33 CFR 100.501 for the Safety at Sea
Seminar to be held near Nauticus in the Elizabeth River between Norfolk
and Portsmouth, Virginia. These special local regulations are needed to
control vessel traffic within the immediate vicinity of Nauticus due to
the confined nature of the waterway and the expected vessel congestion
during the event. The effect will be to restrict general navigation in
the regulated area for the safety of participants and others.
EFFECTIVE DATE: 33 CFR 100.501 is effective from 7:30 a.m. to 7 p.m.,
April 27, 1996.
FOR FURTHER INFORMATION CONTACT: LTJG R. Christensen, marine events
coordinator, Commander, Coast Guard Group Hampton Roads, 4000 Coast
Guard Blvd., Portsmouth, VA 23703-2199, (804) 483-8559.
SUPPLEMENTARY INFORMATION:
Discussion of Rule
On April 27, 1996, Nautical Adventures, Inc. will sponsor the
Safety at Sea Seminar on the Elizabeth River in the vicinity of the
Nauticus Museum. The seminar will include helicopter and crew rescue
demonstrations. A large number of spectator vessels are expected.
Therefore, to ensure safety of both participants and spectators, 33 CFR
100.501 will be in effect for the duration of the event. Under
provisions of 33 CFR 100.501, a vessel may not enter the regulated area
unless it is registered as a participant with the event sponsor or it
receives permission from the Coast Guard patrol commander. These
restrictions will be in effect for a limited period and should not
result in significant disruption of maritime traffic. The Coast Guard
patrol commander will announce the specific periods during which the
restrictions will be enforced.
Additionally, 33 CFR 110.72aa and 33 CFR 117.1007(b) will be in
effect while 33 CFR 100.501 is in effect. Section 110.72aa establishes
special anchorages which may be used by spectator craft. Section
117.1007(b) provides that the draw of the Berkley Bridge shall remain
closed from one hour prior to the scheduled event until one hour after
the scheduled event unless the Coast Guard patrol commander allows it
to be opened for passage of commercial traffic.
Dated: April 8, 1996.
W.J. Ecker,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 96-9432 Filed 4-16-96; 8:45 am]
BILLING CODE 4910-14-M
Complete official Federal Register PDF
FR Doc. 96-9431 Safety Zone: Smith Creek, Vicinity of Wilmington, NC
[Federal Register Volume 61, Number 75 (Wednesday, April 17, 1996)]
[Rules and Regulations]
[Pages 16717-16718]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9431]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
33 CFR Part 165
[CGD 05-96-012]
RIN 2115-AA97
Safety Zone: Smith Creek, Vicinity of Wilmington, NC
AGENCY: Coast Guard, DOT.
ACTION: Temporary rule.
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SUMMARY: The Coast Guard Captain of this Port, Wilmington, is
establishing a safety zone in the Smith Creek and tributaries near the
New Hanover International Airport near Wilmington, North Carolina. The
safety zone encompasses the waters of the Smith Creek and tributaries
between the 23rd Street Bridge and a bend in the creek between the two
runways. The safety zone is needed to protect people, vessels, and
property from safety hazards associated with a high speed, aerobatic
performance by the U.S. Air Force Thunderbirds. Entry of vessels or
persons into this zone is prohibited unless specifically authorized by
the Captain of the Port.
EFFECTIVE DATES: From 12 p.m. (noon) to 5 p.m. April 19, 20, and 21,
1996 unless sooner terminated by the Captain of the Port.
FOR FURTHER INFORMATION CONTACT:
LTJG K.J. DeLooff, USCG, Project Officer, c/o Commanding Officer, U.S.
Coast Guard Marine Safety Office, 272 North Front Street, Wilmington,
North Carolina 28401-3907. Phone: (910) 343-4895, Extension 108.
SUPPLEMENTARY INFORMATION: K.J. DeLooff, project officer for the
project attorney, Fifth Coast Guard District.
Discussion of Regulation
The New Hanover International Airport hosts a biannual air show on
April 20-21, 1996. The U.S. Air Force Thunderbirds will be performing
on both days and practicing on April 19, 1996. The maneuvers performed
by the Thunderbirds are risky and an extensive area has to be closed of
personnel to protect public safety in the event of a crash or other
disaster. The Coast Guard is establishing a safety zone to prevent
damage or injury which could result from the practice session and
performances and will prevent vessels from transiting during the time
the Thunderbirds are flying over the area.
The safety zone will be effective from 12 p.m. (noon) to 5 p.m. on
April 19, 20, and 21, 1996 unless terminated sooner by the Captain of
the Port Wilmington (COTP). The actual times the waterway will be
closed may vary depending on the actual times of the performance and
practice session, which are weather dependent. Before enforcement of
the safety zone, the Captain of the Port will announce via VHF channel
16 that this section will be enforced and the waterway will be closed
to traffic. Vessels from either the U.S. Coast Guard or New Hanover
County International Airport will patrol the safety zone to inform and
control vessel traffic.
The safety zone includes:
The waters of the Smith Creek from the 23rd Street Bridge at
approximately 34 deg.15.5' North, 078 deg.55.2' West to a bend in Smith
Creek between two runways at approximately 34 deg.15.5' North,
078 deg.54.4' West.
In accordance with 5 U.S.C. 553, a notice of proposed rulemaking
was not published for this regulation and good cause exists for making
this regulation effective in less than 30 days after Federal Register
publication. Publishing a NPRM and delaying the effective date would be
contrary to the public interest since immediate action is needed to
protect mariners from potential hazards associated with potential risks
of operation of high performance aircraft and the aerobatic maneuvers
of the Thunderbirds. The final schedule for this event and other
related activities was not finalized and communicated to the Coast
Guard in sufficient time to allow for a period for comments.
Assessment
This 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 rule to be so
minimal that a full Regulatory Evaluation under paragraph 10e of the
regulatory policies and procedures of DOT is unnecessary.
Collection of Information
This rule contains no information collection requirements under the
Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this rule under the principles and
criteria contained in Executive Order 12612 and has determined that
this 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 rule
and concluded that, under paragraph 2.B.2.e(34) of Commandant
Instruction M16475.1B (amended by 59 FR 38654), this rule is
categorically excluded from further environmental documentation.
List of Subjects in 33 CFR Part 165
Harbors, Marine Safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons set out in the preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165--[AMENDED]
1. The authority citation for Part 165 continues to read as
follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g),
6.04-1, 6.04-6, and 160.5; 49 CFR 1.46.
2. A new temporary section 165.T5012 is added to read as follows:
Sec. 165.T5012 Safety Zone: Smith Creek, Wilmington, North Carolina.
(a) Location. The following area is a safety zone:
(1) The waters of the Smith Creek and tributaries from the 23rd
Street Bridge at approximately 34 deg.15.5' North, 078 deg.55.2' West
to a bend in Smith Creek between two runways at approximately
34 deg.15.5' North, 078 deg.54.4' West. (Datum: NAD83) (b) This section
is effective from 12 p.m. (noon) to 5 p.m. April 19, 20, and 21, 1996,
unless terminated earlier by the Captain of the Port (COTP),
Wilmington, NC. (c) No person or vessel may enter the safety zone
without the permission of the COTP or his designated representative.
(d) The COTP or his designated representative will announce times
during which this section will be enforced. (e) The COTP or his
designated representative may be contacted at the Marine Safety Office,
Wilmington, NC by telephone at (910) 343-4895 or by radio on VHF-FM
channel 16.
[[Page 16718]]
Dated: March 12, 1996.
T. L. Rice,
Captain, U. S. Coast Guard, Captain of the Port, Wilmington, NC.
[FR Doc. 96-9431 Filed 4-16-96; 8:45 am]
BILLING CODE 4910-14-M
Complete official Federal Register PDF
FR Doc. 96-9430 Special Local Regulations; Annual National Maritime Week Tugboat Races, Elliott Bay, Seattle, WA
[Federal Register Volume 61, Number 75 (Wednesday, April 17, 1996)]
[Rules and Regulations]
[Pages 16709-16711]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9430]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 100
[CGD13-95-003]
Special Local Regulations; Annual National Maritime Week Tugboat
Races, Elliott Bay, Seattle, WA
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is adopting permanent special local
regulations for the annual National Maritime Week Tugboat Races in
Seattle, Washington. This event is held each year on the third Saturday
in May on the waters of Elliott Bay. In the past, the Coast Guard has
established a safety zone each year to
[[Page 16710]]
protect the safety of life on the navigable waters during this event.
However, because the event recurs annually, the Coast Guard has
established a permanent regulation in the Code of Federal Regulations
(CFR) to better inform the boating public.
EFFECTIVE DATE: This rule is effective on May 17, 1996.
ADDRESSES: Unless otherwise indicated, documents referred to in this
preamble are available for inspection or copying at U.S. Coast Guard
Group Seattle, Operations Division, Building One, Room 130, 1519
Alaskan Way So., Seattle, WA. Normal office hours are between 7 a.m.
and 4 p.m. Monday through Friday, except Federal holidays. The
telephone number is (206) 217-6138.
FOR FURTHER INFORMATION CONTACT:
LT Ben White, Assistant Operations Officer, U.S. Coast Guard Group
Seattle, (206) 217-6138.
SUPPLEMENTARY INFORMATION:
Regulatory History
On January 17, 1996, the Coast Guard published a notice of proposed
rulemaking entitled Special Local Regulations; Annual National Maritime
Week Tugboat Races, Elliott Bay, Seattle, WA, in the Federal Register
(61 FR 1182). The Coast Guard received no letters commenting on the
proposal. No public hearing was requested, and none was held.
Background and Purpose
The Coast Guard is adopting permanent local regulations for the
annual National Maritime Week Tugboat Races in Seattle, Washington.
This event is held on the waters of Elliott Bay each year from 12 p.m.
to 4:30 p.m. on the third Saturday in May. In the past, the Coast Guard
has established a safety zone each year to protect the safety of life
on the navigable waters during the event. However, because the event
recurs annually, the Coast Guard has adopted a permanent description of
the event and permanent regulations in the Code of Federal Regulations
(CFR) to better inform the boating public. The Coast Guard, through
this action, intends to promote the safety of spectators and
participants in this event. The Tug Boat Races are sponsored by the
Seattle Maritime Week Committee as part of the Seattle Maritime Week
celebration. This one day event has been held in Elliott Bay for the
last ten years. The race attracts a large number of spectator craft
which gather on the waters near the race course. To promote the safety
of both the spectators and participants, the special local regulations
establish a regulated area and prohibit entry into this area during the
event. These special local regulations will be enforced by
representatives of the Captain of the Port, Puget Sound, Seattle,
Washington. The Captain of the Port may be assisted by other federal
agencies.
Discussion of Comments and Changes
No comments were received and no changes were made to the proposal.
The special local regulations are being adopted as proposed.
Regulatory Evaluation
This is not a significant 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 been exempted from
review 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).
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard considered whether this rule would have a significant
economic impact on a substantial number of small entities. ``Small
entities'' include independently owned and operated small businesses
that are not dominant in their field and that otherwise qualify as
``small business concerns'' under section 3 of the Small Business Act
(15 U.S.C. 632). Because the impacts of this rule are expected to be
minimal, the Coast Guard certifies under section 605(b) of the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that this rule will
not have a significant impact on a substantial number of small
entities.
Collection of Information
This 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 action in accordance with the
principles and criteria contained in Executive Order 12612 and has
determined that this 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
regulation and concluded that, under paragraph 2.B.2 of Commandant
Instruction M16475.1B (as revised by 59 FR 38654; July 29, 1994), this
regulation is categorically excluded from further environmental
documentation. Appropriate environmental analysis of the National
Maritime Week Tugboat Race will be conducted in conjunction with the
marine event permitting process each year. Any environmental
documentation required under the National Environmental Policy Act will
be completed prior to the issuance of a marine event permit for this
event.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
Final Regulations
For the reasons set out in the preamble, the Coast Guard amends
Part 100 of Title 33, Code of Federal Regulations, as follows:
PART 100--[AMENDED]
1. The authority citation for Part 100 continues to read as
follows:
Authority: 33 U.S.C. 1233; 49 CFR 1.46 and 33 CFR 100.35.
2. A new Sec. 100.1306 is added to read as follows:
Sec. 100.1306 National Maritime Week Tugboat Races, Seattle, WA.
(a) Regulated Area. A regulated area is established on that portion
of Elliott Bay along the Seattle waterfront in Puget Sound bounded by a
line beginning at: 47 deg. 37' 36'' N, 122 deg. 22' 42'' W; thence to
47 deg. 37' 24.5'' N, 122 deg. 22' 58.5'' W; thence to 47 deg. 36' 08''
N, 122 deg. 20' 53'' W; thence to 47 deg. 36' 21'' N, 122 deg. 20' 31''
W; thence returning to the origin. This regulated area resembles a
rectangle measuring approximately 3,900 yards along the shoreline
between Pier 57 and Pier 89, and extending approximately 650 yards into
Elliott Bay. Temporary floating markers will be placed by the race
sponsors to delineate the regulated area. [Datum: NAD 1983]
(b) Special Local Regulations. (1) No person or vessel may enter or
remain in the regulated area except for participants in the event,
supporting personnel, vessels registered with the event organizer, and
personnel or vessels authorized by the Coast Guard Patrol Commander.
(2) When deemed appropriate, the Coast Guard may establish a patrol
consisting of active and auxiliary Coast Guard vessels and personnel in
the area described in paragraph (a) of this section. The patrol shall
be under the direction of a Coast Guard officer or petty officer
designated by the Captain of the Port as the Coast Guard Patrol
[[Page 16711]]
Commander. The Patrol Commander may forbid and control the movement of
vessels in the area described in paragraph (a) of this section.
(3) A succession of sharp, short blasts from whistle or horn from
vessels patrolling the area under the direction of the Patrol Commander
shall serve as a signal to stop. Vessels signaled shall stop and comply
with the orders of the patrol vessel. Failure to do so may result in
expulsion from the area, citation for failure to comply, or both.
(c) Effective dates. This section is effective annually on the
third Saturday of May from 12 p.m. to 4:30 p.m. unless otherwise
specified by Federal Register notice.
Dated: March 29, 1996.
John W. Lockwood,
U.S. Coast Guard, Commander, Thirteenth Coast Guard District.
[FR Doc. 96-9430 Filed 4-16-96; 8:45 am]
BILLING CODE 4910-14-M
Complete official Federal Register PDF
FR Doc. 96-9378 Defense Contracting; Reporting Procedures on Defense Related Employment
[Federal Register Volume 61, Number 75 (Wednesday, April 17, 1996)]
[Rules and Regulations]
[Pages 16704-16709]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9378]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 40a
Defense Contracting; Reporting Procedures on Defense Related
Employment
AGENCY: Office of the Secretary, DoD.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule is the fiscal year 1995 revision of the section
listing DoD contractors receiving contract awards of $10 million or
more. This part is published to comply with the provisions of section
1, Pub. L. 97-295, October 12, 1982; 10 U.S.C. 2397.
EFFECTIVE DATE: September 30, 1995.
FOR FURTHER INFORMATION CONTACT:
Mr. R.S. Drake, Director, Directorate for Information Operations and
Reports, Washington Headquarters Services, 1215 Jefferson Davis
Highway, Suite 1204, Arlington, VA 22202-4302. Telephone (703) 604-
4569.
List of Subjects in 32 CFR Part 40a
Armed forces, Conflict of interest, Government employees,
Government procurement, Reporting and record keeping requirements.
Accordingly, 32 CFR Part 40a is revised to read as follows:
PART 40a--DEFENSE CONTRACTING: REPORTING PROCEDURES ON DEFENSE
RELATED EMPLOYMENT
Authority: 10 U.S.C. 2397
40a.1 Department of Defense contractors receiving awards of $10
million or more.
Fiscal Year 1995
ACS Construction Co. of Mississippi
AG Marketing Inc.
AIL Systems Inc.
AAI Corp.
AAR Manufacturing Inc.
ABB Environmental Services
ABB Services Inc.
ABU Dhabi National Oil Co.
AEL Industries Inc.
AM General Corp.
ARC Professional Services Group
ASI Systems International
AT&T Communications, Inc.
AT&T Corp.
AT&T Global Information Solutions Co.
ATG Inc.
Abacus Technology Corp.
Abbyss Oil Co., Inc.
Actus Corp/Sundt, JV
Adler & Stern (1968), Ltd.
Adminastar Inc.
Advanced Electronic Co., Ltd.
Advance, Inc.
Advanced Communications Systems
Advanced Engineering & Technology
Advanced Integrated Technology Inc.
Advanced Marine Enterprises
Advanced Resource Technologies
Advanced Testing Technologies
Aepco, Inc.
Aerojet-General Corp.
Aeroquip Corp.
Aerospace Corp.
Agip SPA
Air Cruisers Co., Inc.
Ajax Navigation
Aksarben Foods, Inc.
Al Rashed & Al Orman Co.
Alcatel Network Systems, Inc.
Alfab Inc.
Alisud SPA
All Star Maintenance A Neveda Corp.
Alliant Techsystems, Inc.
Allied Petro, Inc.
Allied Research Corp.
AlliedSignal Technical Services
AlliedSignal, Inc.
Allison Engine Co., Inc.
Alpha Marine Services, Inc.
Altama Delta Corp.
Amerada Hess Corp.
American Apparel, Inc.
American Engineering Corp.
American Housing Technologies
American International Airways
American International Contrs
American Management Systems Inc.
American President Lines Ltd.
American Ship Building Co., Inc.
American Systems Corp.
Amerind, Inc.
Ametek, Inc.
Amoco Corp.
Amoco Energy Trading Corp.
Amtec Corp.
Anadac Inc.
Analysis & Technology, Inc.
Analytic Services, Inc.
Analytical Systems Engineering Corp.
Anderson-Tully Co.
Andrulis Research Corp.
Angelo, H. & Co., Inc.
Anixter, Inc.
Antares Development Corp.
Applications Generales D'Elect
Applied Data Technology, Inc.
Applied Measurement Systems
Applied Ordnance Technology
Applied Research Associates, Inc.
Aquidneck Management Association, Ltd.
[[Page 16705]]
Arango Construction Co.
Arcadia Refining & Marketing
Arctic Slope Regional Corp.
Arinc Inc.
Arinc Research Corp.
Arist Corporation Inc.
Arnold Truman Co.
Artro Contracting Inc.
Ashland Inc.
Assurance Technology Corp.
Atkins, Claude E. Enterprises
Atlantic Research Corp.
Atlantic Richfield Co.
Autec Range Services
Avco Corp.
Avondale Industries, Inc.
BBA Equity Inc.
BBDO Worldwide Inc.
BDM Federal Inc.
BDM International, Inc.
BHP Petroleum International PT
BOC Group Inc A Delaware Corp
BP Chemicals Inc.
BP Exploration & Oil Inc.
BTG Inc.
BTG Technology Systems, Inc.
Babcock & Wilcox Co., The
Bachmann Construction, Inc.
Baker Michael Corp.
Baker Support Services, Inc.
Balfour Beatty Inc.
Ball Corp.
Baltimore Gas & Electric Co.
Bank of New York Co., Inc.
Barber-Colman Co. (Del)
Bates Worldwide (Delaware)
Bath Iron Works Corp.
Battelle Memorial Institute
Bay Tankers, Inc.
Bean, D D & Sons Co.
Bean, C.F. Corp.
Bechtel Corp.
Bechtel Environmental Inc.
Bell Atlantic Network Services, Inc.
Bell Atlantic Maryland, Inc.
Bell Atlantic-Virginia Inc.
Bell BCI Co.
Bell Corporation of Rochester
Bell Helicopter Textron, Inc.
Belleville Shoe Manufacturing, Co.
Beneco Enterprises, Inc.
Beretta USA Corp.
Bergen Brunswig Corp.
Bergen Brunswig Drug Co.
Berliner Elektro Holding Aktie
Betac Corp.
Bethlehem Steel Corp.
Big Bear Oil Co., Inc.
Black & Veatch
Blake Construction Co., Inc.
Boeing Aerospace Operations
Boeing Company, The
Boeing Sikorsky Aircraft Support
Boeing Skrsky Comanche Team JV
Boland, David, Inc.
Bollinger Shipyard Inc.
Bolt Beranek & Newman, Inc.
Bombardier International BV
Booz Allen & Hamilton, Inc.
Boro Developers Inc.
Bozell Jacobs Kenyon Eckhardt Inc.
Braswell Services Group Inc.
Brickle, Hyman & Son Inc.
British Aerospace Dynamics Div
Brown & Root Services Corp.
Brown & Williamson Tobacco Corp.
Brown, Dayton T., Inc.
Browning Construction Co.
Brunswick Corp.
Buckner & Moore, Inc.
Bulova Corp.
Burlington Industries, Inc.
Burns & McDonnell Inc.
Butt Construction Co., Inc.
Byler, W T Co., Inc.
CDM Federal Programs Corp.
CACI, Inc.
CAE (US) Inc.
CAS, Inc.
CBC Enterprises, Inc.
CBI Na-Con, Inc.
CFM International Inc.
CH2M Hill Companies, Ltd.
CIA Espanola De Petroleos SA
CIC Industries, Inc.
CMS Inc.
CNA Corp.
CSC Analytics Inc.
CTA Inc.
Caddell Construction Co., Inc.
Calibre Systems Inc.
California Microwave, Inc.
Calspan Advanced Tech Ctr.
Caltech Service Corp.
Caltex Petroleum Corp.
Camber Corp.
Campbell Soup Co.
Capco Inc.
Capital Health Services Inc.
Carnegie Mellon University
Carolina Power & Light Co.
Carothers Construction Inc.
Carter, J C Co., Inc.
Caterpillar Inc.
Celsius Invest AB
Centennial Contractors Enterprise
Centex Bateson Enterprises Inc.
Centex Construction Group Inc.
Centex-Rooney Enterprises, Inc.
Central Gulf Lines, Inc.
Ceridian Corp.
Cessna Aircraft Co.
Chamberlain Manufacturing Corp.
Chem-Nuclear Systems, Inc.
Chemical Waste Management Inc.
Chemins De Fer Nationaux Du Canada
Chevron USA, Inc.
Childers Construction Co.
Chromalloy American Corp.
Chromalloy Gas Turbine Corp.
Chugoku Electric Power Co., Inc.
Cincinnati Bell Information Systems
Cincinnati Electronics Corp.
Coastal Corp.
Coastal Government Services
Colejon/Jones (JV)
Coleman Research Corp.
Colsa, Corp.
Coltec Industries Inc.
Colts Manufacturing Co., Inc.
Comarco, Inc.
Comil Compagnia Italiana Lavor
Communications Products Inc.
Compania Espanola De Petroleos
Compex Corp.
Comptek Federal Systems, Inc.
Comptek Research, Inc.
Computer Associates International
Computer Data Systems Inc.
Computer Science Applications
Computer Sciences Corp.
Computer Sciences Raytheon (JV)
Computer Systems Development
Computer Systems International
Comsat Corp.
Conagra, Inc.
Concurrent Computer Corp.
Concurrent Technologies Corp.
Condor Systems Inc.
Conoco Inc.
Consolidated Foodservice
Consolidated Services, Inc.
Constar L.P.
Contel Federal Systems Inc.
Contrack International, Inc.
Contraves Inc.
Control Data Systems Inc.
Cordant Holdings Corp.
Corporation of Mercer University
Corporcion Immbiliaria Textil
Cortez III Service Corp.
Cosmo Oil Co., Ltd.
Cray Research, Inc.
Cree Research Inc.
Crowley American Transport, Inc.
Crowley Maritime Corp.
Cubic Corp.
Cubic Defense Systems Inc.
Cummins Engine Co., Inc.
Cutler-Hammer Inc.
Cyprus Amox Coal Co.
D&K Construction Co., Inc.
DME Corp.
Dames & Moore Inc.
Daniel Mann Johnson Mendenhall
Datron Inc.
Dawson Construction Co.
Day & Zimmerman, Inc.
Day, SW Construction Corp.
Decision Systems Technologies
Del-Jen Inc.
Delaware Systems Engineering Management Co.
Delco Electronics Corp.
Denny, J.B., Co.
Detroit Diesel Corp.
Detyens Shipyards Inc.
Deutsche Bundespost
Deutsche Telekom Aktiengesells
Diagnostic/Retrieval Systems, Inc.
Diamond Shamrock Refining Marketing Co.
Digicon Corp.
Digital Equipment Corp.
Digital Systems Research, Inc.
Dillingham/A B B Susa JV
Dow Environmental Inc.
[[Page 16706]]
Dowty Group Plc
Draper, Charles Stark Lab Inc.
Dreadnought Marine, Inc.
Dual, Inc.
Dutra Construction Co., Inc.
Dynamic Science, Inc.
Dynamics Corporation of America
Dynamics Research Corp.
Dyncorp
Dyncorp/Dynair Corp.
Dynetics, Inc.
E-OIR Measurements Inc.
E-Systems, Inc.
EA Engineering & Science Technology
EC III JV
ECS Technologies, Inc.
EER Systems Corp.
EG&G, Inc.
EG&G Washington Analytical Services Center
ESI Holding Inc.
Eagan McAllister Associates
Eagle Aviation Inc.
Earl Industries Inc.
Earth Technology Corp, USA
Eastern Canvas Products Inc.
Eastern Chemical Products
Eastern Computers Inc.
Eastern General Contractors
Eastern JBI Joint Venture
Eastman Chemical Co.
Eastman Kodak Co.
Ebasco Services, Inc.
Ecology & Environment, Inc.
Eldyne, Inc.
Electro-Methods Inc.
Electronic Data Systems Corp.
Electronic Warfare Associates
Electronics & Space Corp.
Electrospace Systems, Inc.
Elinpa Elektrik
Ellis-Don Construction Ltd.
Engineered Support Systems
Engineering & Professional Services
Ensafe/Allen & Hoshall
Ensco, Inc.
Entwistle Co., The
Envirocare of Utah Inc.
Environmental Chemical Corp.
Environmental Research Institute of Michigan
Environmental Science & Engineering
Environmental Technologies Group
Enzian Technology Inc.
Epoch Engineering Inc.
Equa Industries, Inc.
Ericsson Inc.
Esterline Technologies Corp.
Exide Electronics Group, Inc.
Exxon Corp.
F & M Manufacturing, Inc.
FKW, Inc.
FMC Corp.
FMS Corp.
FN Moteurs SA
FRC International Inc.
Fairchild Aircraft, Inc.
Fairchild Industrial Inc.
Fairchild Space & Def Corp.
Federal Data Corp.
Federal Express Corp.
Federal Prison Industries
Federal Republic of Germany
Ferguson-Williams Inc.
Ficon Corp.
Figgie International Inc.
Finney Co., The
Firan USA, Corp.
First Aviation Services, Inc.
Firth Construction Co., Inc.
Fitzpatrick & Associates Inc.
Fletcher General, Inc.
Flightsafety International
Flintco Companies, Inc., The
Flir Systems Inc.
Florida Power & Light Co.
Fluor Corp.
Force 3 Inc.
Ford, H.J. Associates, Inc.
Foss Maritime Co.
Foster Wheeler USA Corp.
Foster-Miller Inc.
Four Seasons Environmental
Freedom Forge Corp.
Frequency Sources Inc.
Frito Lay, Inc.
Frontier Engineering, Inc.
Fru-Con Construction Corp.
Fuentez Systems Concepts Inc.
Fugro Consultants International
GDE Systems Inc.
GE American Communications
GEC Inc.
GEC Marconi Electric System Corp.
GTE Corp.
GTE Government Systems Corp.
Galaxy Scientific Corp.
Gaskins, L.C. Construction Co.
General Atomics
General Dynamics Corp.
General Dynamics Land Systems
General Electric Co.
General Engineering Corp.
General Foods Corp.
General Mills, Inc.
General Motors Corp.
General Physics Corp.
General Research Corp.
General Scientific Corp.
Gentex Corp.
Geo-Centers Inc.
Geo-Marine Inc.
Georgia Technology Research Corp.
Giant Industries Inc.
Gibbs & Cox Inc.
Gibraltar, P.R. Inc.
Gichner Systems Group Inc.
Gilbert Associates Inc.
Godot Enterprises Inc.
Gold Line Refining, Ltd.
Golden Manufacturing Co., Inc.
Goodrich, B.F. Co., The
Goodyear Tire & Rubber Co., The
Government Systems, Inc.
Government Technology Services
Granite Construction Co.
Great Lakes Dredge & Dock Corp.
Greenland Contractors I/S
Greenwich Air Services Inc.
Greg Construction Co.
Grimberg, John C. Co., Inc.
Group Technologies Corp.
Grumman Aerospace Corp.
Grumman Corp.
Grumman Data Systems Corp.
Grunley Construction Co., Inc.
Gulf Coast Trailing Co.
Halifax Engineering, Inc.
Halliburton Nus Corp.
Harbert Bill International Construction
Harbert International, Inc.
Hardaway Co., Inc.
Hardaway Lawson Associates Inc.
Harper Construction Co.
Harper-Nielsen Construction Co.
Harris Corp.
Harsco Corp.
Harvard Industries Inc.
Hawaiian Electric Co., Inc.
Hazeltine Corp.
Head, Inc.
Healthstaffers, Inc.
Heavy Constructors Inc.
Henderson, Jospeh J. & Son Inc.
Hensel Phelps Construction Co.
Hercules, Inc.
Hermes Consolidated, Inc.
Heroux Inc.
Hewett-Kier Construction Inc.
Kewlett-Packard Co.
High Technology Solutions
Holly Corp.
Honeywell, Inc.
Honolulu Shipyard Inc.
Hooks, Mike, Inc.
Horizons Technology, Inc.
Houston Associates Inc.
Howden Group America Inc.
Hughes Aircraft Co.
Hughes Associates, Inc.
Hughes Electronics Corp.
Hughes Missile Systems Co.
Hughes Training Inc.
Human Factors Applications
Hunt Building Corp.
Hunt-Wesson Inc.
Hutchinson Contracting Co.
Hydro-Mill Co.
Hyman George Construction Co.
I-Net, Inc.
IBP Inc.
ICI Americas Inc.
IDB Communications Group Inc.
IIDA, T Contracting Ltd.
IIT Research Institute
IMCO General Construction
IMO Industries Inc.
INCA Construction Co., Inc.
IRISS Co.
ISX Corp.
IT Corp.
ITT Corp.
ITT Federal Services Corp.
ITT Federal Services International
Ideker Inc.
Ilex Systems Inc.
Industrial Acoustics Co., Inc.
[[Page 16707]]
Industrial Data Link Corp.
Information Network Systems
Information Spectrum, Inc.
Information Technology Solutions
Infotec Development, Inc.
Innovative Logistics Techniques
Innovative Technologies Corp.
Institute for Defense Analyses
Integrated Systems Analysts
Inter-National Research Institute
Intergraph Corp.
Intermarine, USA
Intermec Corp.
Intermetrics, Inc.
International Bridge Corp.
International Business Machines Corp.
International Data Products
International Terminal Operation Co.
International Computers Telecommunication
Interop (JV)
Interstate Electronics Corp.
J&E Associates, Inc.
J&J Maintenance, Inc.
J A J Holding Corp.
JSA Healthcare Corp.
JWK International Corp.
Jacobs Engineering Group, Inc.
James, T.L. & Co., Inc.
Jaycor
Jersey Central Power & Light Co.
Johns Hopkins University
Johnson Controls World Services Inc.
Johnson Controls Inc.
Johnson, Al Construction Co.
Jones, J.A. Construction Co.
Jones, J.A. Inc.
K&F Industries, Inc.
K&M Maintenance Services
KDI Corp.
KG Bominflot Bunkergesellschaf
KPMG Peat Marwick LLP
Kaiser Aerospace & Electronics Corp.
Kaiser Engineers International
Kaman Corp.
Kaman Diversified Technology Corp.
Kaman Sciences Corp.
Kay & Associates, Inc.
Kearfott Guidance Navigation Corp.
Keco Industries, Inc.
Keller Construction Co., Inc.
Kellogg Sales Co.
Kidde Industries Inc.
Kiewit Pacific Co.
Kilgallon Construction Co.
Kimberly-Clark Corp.
Kirlin, John J.
Klee KG/Ske Maintenance/Klee E
Klewin, C.R., Inc.
Koch Refining Co., Inc.
Kohly Construction Inc.
Kollmorgen Corp.
Korea Electric Power Corp.
Kovatch Mobile Equipment Corp.
Kraft Foods Inc.
Krause P C & Associates Inc.
Kremp Lumber Co.
Kuk Dong Construction Co., Ltd.
Kuwait National Petroleum Co., K
Kyushu Electric Power Co., Inc.
L B M Inc.
LTV Aerospace & Defense, Co.
Laguna Industries, Inc.
Laidlaw Environmental Services
Lake Shore, Inc.
Lane Construction Corp.
Lanthier, R.J. Co., Inc.
Law Environmental, Inc.
Leland Electrosystems, Inc.
Libby Corporation
Light Helicopter Turbine Engine Co.
Little, Arthur D. Inc.
Litton Industries, Inc.
Litton Systems, Inc.
Lloyd-Lamont Design Inc.
Lobar, Inc.
Lockheed Corp.
Lockheed Engineering & Sciences Co.
Lokheed Martin Corp.
Lockheed Missiles & Space Co.
Lockheed Sanders, Inc.
Locot, Inc.
Logicon, Inc.
Logicon R & D Associates
Logistics Services International
Logistics Management Institute
Loral Aerospace Corp.
Loral Corp.
Loral Defense Systems Corp.
Loral Electro-Optical Systems
Loral Fairchild Corp.
Loral Federal Systems Co.
Loral Systems Co.
Loral Vought Systems Corp.
Loral/Rolm Mil-Spec Corp.
Lorall Aeronutronic
Lord Corp.
Louisiana Land Exploration, The
Lovering Johnson Inc.
Lucas Industries, Inc.
Lucky Goldstar International C.
Luhr Brothers, Inc.
Lykes Bros. Steamship Co., Inc.
MDP Construction Inc.
MVP Joint Venture
MW Builders Inc.
MAR, Inc.
MCC Construction Corp.
MCI International Inc.
MCI Telecommunications Corp.
MEI Holdings, Inc.
MEI Technology Corp.
MacGregor (USA) Inc.
Maden Technology Consulting, Inc.
Maersk Inc.
Maersk Line, Ltd.
Magnavox Electronic Systems Co.
Malcolm Pirnie Inc.
Management Consulting & Research
Management Consulting Inc.
Manson Construction & Engineering Co.
Mansour General Dynamics, Ltd.
Mantech International Corp.
Mantech Systems Engineering
Manufacturing Technology, Inc.
Marine Investment Co of Del
Marisco Ltd.
Mark Diversified Inc.
Martin Marietta Corp.
Martin Marietta Services, Inc.
Martin Marietta Technologies
Martin-Baker Aircraft Co., Ltd.
Marvin Engineering Co., Inc.
Mason Hanger-Silas Mason Co., WV
Mason Technologies Inc.
Massachusetts Institute of Technology
Massachusetts University of
Maxwell Laboratories, Inc.
Mayer Oscar Foods Corp.
McDonnell Douglas Coml Delta
McDonnell Douglas Corporation
McDonnell Douglas Finance Corp.
McDonnell Douglas Helicopter Co.
McKesson Corporation (Maryland)
McKnight Construction Co., Inc.
McLaughlin Research Corp.
McRae Industries Inc.
Meredith W.B. II., Inc.
Metcalf & Eddy, Inc.
Metric Systems Corporation
Metro Machine Corp.
Metroplex Corp.
Metters Industries, Inc.
Mevatec Corp.
Michelin Corp.
Micro Star Co., Inc.
Mid Eastern Builders
Midco Construction Corp.
Middleton Aerospace Corp.
Midsco, Inc.
Milcom Systems Corp.
Mills Manufacturing Corp.
Miltope Group, Inc.
Mine Safety Appliances Co.
Minnesota Mining & Manufacturing Co.
Mission Research Corp.
Mitre Corp.
Mobile Oil Corp.
Modern Technologies Corp.
Monarch Construction Co.
Montgomery Watson Americas
Moog, Inc.
Morrison Knudsen Corp., Del Corp.
Morrison Knudsen Corp., Ohio Corp.
Mortenson, M.A., Co.
Motor Oils Hellas Corinth Refinery
Motorola Communications & Electronics, Inc.
Motorola, Inc.
Munro & Co., Inc.
Mystech Associates Inc.
NAI Technologies Inc.
NACCO Materials Handling Group
NASSCO Holdings Inc.
NCI Information Systems Inc.
Nabisco Holdings Corp.
Natco Limited Partnership
Nation, Inc.
National Academy of Sciences, USA
National Beef Packing Co., LP
National Defense Co., LLC
National Technologies Associates
Nato Maintenance & Supply Agency
Navcom Defense Electronics
Needham Inc.
Neosho, Inc.
Network Equipment Technologies, Inc.
[[Page 16708]]
New Mexico, State of
Newimar, S.A.
Newport News Shipbuilding & Drydock Co.
Nichols Research Corp.
Nippon Oil Co., Ltd.
Norfolk Dredging Co.
Norfolk Ship Repair Inc.
Norfolk Shipbuilding & DryDock Corp.
North American Mechanical Services
North Carolina Department Human Resources
North Florida Shipyards, Inc.
Northeast Construction Co.
Northern Telecom, Ltd.
Northrop Grumman Corp.
Northrop Worldwide Aircraft Services
Nova Group, Inc.
O'Gar-Hess Esnhrdt Armring Co.
OHM Remediation Services Corp.
OMI Corp.
OTC Tracor Aerospace, Inc.
OTC Tracor Applied Sciences
Oasis Aviation, Inc.
Ocean Shipholdings, Inc.
Oceaneering International Inc.
Oderbrecht SA
Ogden Allied Services GMBH
Ogden Environmental & Energy Services Co.
Ogden Technology Services Corp.
Okinawa City Waterworks
Okinawa Electric Power Co., Inc.
Oklahoma State University
Olin Corp.
Operational Technologies Corp.
Orbital Sciences Corp.
Oregon Iron Works, Inc.
Osborne Construction Co.
Oshkosh Truck Corp.
Otis Elevator Co.
Owl International, Inc.
PRB Associates Inc.
PW Construction, Inc.
PHP Healthcare Corp.
PRC Environmental Management, Inc.
PRC, Inc.
Pacer Systems, Inc.
Pacific Architects & Engineers, Inc.
Pacific Ship Repair & Fabrication
Pacific Sierra Research Corp.
Pacific Telecom, Inc.
Pacifica Services, Inc.
Pacificorp Financial Services, Inc.
Paramount Petroleum Corp.
Park Construction Co.
Parker Hannifin Corp.
Parsons Engineering--Science
Parsons, Ralph M., Co., The
Patrol Ofisi A S Genel Mud
Pearse, Jack F.
Pease Construction Inc.
Pemco Aeroplex, Inc.
Pence, Howard W., Inc.
Pennsylvania State University Inc.
Pepsi-Cola Metro Btlg Co., Inc.
Perrow, Wade Construction Inc.
Peterson Builders, Inc.
Petro Star Inc.
Phibro Energy USA, Inc.
Philip Morris, Inc.
Phoenix Air Group, Inc.
Physics International Co.
Pilkington PLC
Pine Bluff Sand & Gravel Co.
Pioneer U.A.V., Inc.
Piquniq Management Corp.
Pizzagalli Construction Co.
Planning Systems, Inc.
Pneumo Abex Corp.
Post Telephone & Telegraph Ministry
Power Conversion Inc.
Praxair Inc.
Pride Companies LP
Pride Industries Inc.
Proctor & Gamble Co., The
Proctor & Gamble Distributing Co., The
Propper International Inc.
Pueblo of Lagunda
Pulau Electronics Corp.
Pulsar Data Systems, Inc.
QED Systems Inc.
Quaker Oats Co., The
Quality Research Inc.
Questech Service Co.
Questech, Inc.
Quintron Corp.
R&D Maintenance Services
RJO Enterprises, Inc.
RWE-DEA Aktiengesellschaft Fue
Racal Communications, Inc.
Radian Corp.
Radian Inc.
Rafael U.S.A.
Rail Co.
Ram Systems GMBH
Rand Corp.
Raytheon Aircraft Corp.
Raytheon Co.
Raytheon Engineers & Constructions
Raytheon Service Co.
Reflectone, Inc.
Reliable Mechanical Inc.
Research & Development Labs
Research Analysis & Maintenance
Reynolds, R.J., Co.
Richards, R.P., Inc.
Robbins-Gioia, Inc.
Rockwell International Corp.
Roe Enterprises Inc.
Roh Inc.
Rolls Royce PLC
Rooney Brothers Co.
Rosenblatt, M. & Son, Inc.
Roxco, Ltd.
Royal Maid Association for the Blind
Ruff, Thomas W. & Co.
Rust Engineering & Construction
Rust Environment & Infrastructure
Rutter-Rex, J.H., MFG. Co., Inc.
Ryan Co., Inc.
SFA, Inc.
SAAB Training Systems
SCI Technology, Inc.
SKF USA, Inc.
SRA International Inc.
SRI International
SRS Technologies, Inc.
SSI Services, Inc.
STM Joint Venture
Sabreliner Corp.
Saco Defense, Inc.
Sacramento Coca-Cola Bottling Inc.
San Francisco Drydock, Inc.
Sanders Engineering Co., Inc.
Saudi Operations & Maintenance Co.
Sauer Inc.
Schafer, W.J. Associates Inc.
Science Applications International Corp.
Scientific Research Corp.
Sea Crest Construction Corp.
Sea Land Service, Inc.
Seaward Marine Services Inc.
Sechan Electronics, Inc.
Selco, Inc.
Selecttech Services Corp.
Selmon Enterprises, Inc.
Semcor, Inc.
Sencom Corp.
Sentel Corp.
Sequa Corp.
Serv-Air Inc.
Service Engineering Industries
Sevenson Environmental Services, Inc.
Sharp, George G., Inc.
Shell Oil Co.
Shell Petroleum Co., Ltd, The
Sherikon, Inc.
Shin Cheon Co., Ltd.
Shinil Engineering Co. Ltd Choo
Siemens Aktiengesellschaft
Sierra Nevada Corp.
Sierra Technologies Inc.
Silicon Graphics Inc.
Silverton Construction Co.
Simtec Inc.
Slana Energy
Smiths Industries Aerospace Defense Systems
Smiths Industries PLC
Snap Contracting Corp.
So-Pak-Co Inc.
Societe Herstalienne Pour LA F
Sollitt, George Constr Co., The
Soltek of San Diego
Sonalysts, Inc.
Source Diversified Inc.
South Carolina Research Authority
Southeastern Public Service Authority
Southern Air Transport, Inc.
Southfork Systems, Inc.
Southwest Airport Services
Southwest Marine, Inc.
Southwest Mobile Systems Corp.
Southwest Research Institute
Southwestern Bell Telephone Co.
Space & Sensors Associates
Space Applications Corp.
Space Industries International
Sparta, Inc.
Sparton Electronics Florida, Inc.
Spaw Glass Holding Corp.
Specialty Group Inc.
Speedy Food Service, Inc.
Sperry Marine Inc.
Sprint Communications Co. Ltd. Partnership
[[Page 16709]]
Ssangyong Oil Refining Co., Ltd.
Stackpole Corp.
Standard Oil Co., The
Stanford Telecommunications
Sterling Software Inc.
Stevedoring Services of America
Stewart & Stevenson Services, Inc
Storage Technology Corp.
Strong, Bill Enterprises, Inc.
Suburban Grading & Utility
Suffork Construction Co.
Sumaria Systems, Inc.
Summa Technology, Inc.
Sun Company, Inc.
Sun Microsystems Federal Inc.
Sun Microsystems Inc.
Sundstrand Corp.
Sundt Corp.
Sunkyong, Ltd.
Sunrise Balancing Group
Support Systems Associates
Supreme Beef Processors, Inc.
Sverdrup Civil Inc.
Sverdrup Technology Inc.
Swank Enterprises
Swinerton & Walberg Co.
Sylvest Management System
Synectics Corp.
Synoptic Systems Corp.
Syscon Corp.
Sysorex Information Systems
System Planning Corp.
System Resources Corp.
Systems Control Technology
Systems Engineering Solutions
Systems Engineering Energy & Management Association Inc.
Systems Integration & Research
Sytex Inc.
T Bear Consolidated Companies
T I/Martin Javeling JV
TASC Inc.
TDS Inc.
TRW, Inc.
Talley Defense Systems, Inc.
Talley Manufacturing & Technology Inc.
Tec-Masters, Inc.
Techcon Inc.
Techmatics, Inc.
Technical & Management Services Corp.
Technical Product Group Inc.
Technology Management & Analysis Corp.
Technology Service Corp.
Tecolote Research, Inc.
Tecom, Inc.
Telecommunication Systems
Teleconsult, Inc.
Teledyne, Inc.
Teledyne Industries Inc.
Telephonics Corp.
Telos Corp.
Tennessee Apparel Corp.
Tennier Industries Inc.
Tetra Tech, Inc.
Texas Instruments Inc.
Texas Utilities Co.
Texas--Capital Contractors Inc.
Texcom, Inc.
Textron Inc.
Therm, Inc.
Thermotrex Corp.
Thiokol Corp.
Thompson, J Walker Co.
Tiburon Systems, Inc.
Timeplex Federal Systems Inc.
Titan Corp., The
Todd Shipyards Corp.
Tohoku Electric Power Co., Inc.
Tokyo Electric Power Co., Inc.
Tootsie Roll Industries, Inc.
Tower Air, Inc.
Tracor Applied Sciences Inc.
Tracor, Inc.
Trafalgar House PLC
Tramp Group Ltd.
Trandes Corp.
Trans-tec Services, Inc.
Translant, Inc.
Trataros Construction Inc.
Tri-Cor Industries, Inc.
Tri-State Design Construction, Inc.
Trimble Navigation Limited
Trinity Marine Group
Troy Systems Inc.
Turner Construction Co.
Tybrin Corp.
U.S. Electrodynamics Inc.
U.S. Hardware Supply Inc.
U.S. Oil & Refining Co.
UES Inc.
UNC Holdings, Inc.
URS Consultants Inc. (Del)
Unidyne Corp.
Unified Industries, Inc.
Unisys Corp,
Unisys Corporations Government
United Defense LP
United International Engineering
United Native American Telecom
United States Tobacco Co.
United Technologies Corp.
Universal Systems & Technology
Universal Systems Inc.
Universal Technical Resource Services
University of California
University of Dayton, Inc.
University of Illinois
University of Southern California
University of Texas at Austin
University of Texas at Arlington
Urban General Contractors, Inc.
User Technology Associates
Utah State University
VSE Corp.
Valenzuela Engineering Inc.
Van Ommeren Nederland BV
Vanguard Research, Inc.
Varian Associates, Inc.
Varo, Inc.
Vector Microwave Research Corp.
Vector Research Co., Inc.
Veda, Inc.
Veda International Inc.
Versar, Inc.
Vickers America Holdings Inc.
Vickers Inc.
Vinnell Corp.
Virtexco Corp.
Vitro Corp.
Vitro Services Corp.
Vitronics Inc.
Vought Aircraft Co.
Vredenburg, R.M. & Co.
Wallenius Ferry AB
Wang Federal, Inc.
Warehouses Services Agency SARL
Washington Beef, Inc.
Washington, University of
Waterman Steamship Corp.
Webb Electric Co. of Fla.
Weeks Marine, Inc.
Wellco Enterprises
West Coast Contractors of Nev.
Westar Corp.
Westinghouse Elect Sys Venture
Westinghouse Electric Corp.
Westinghouse Norden Systems
Weston, Roy F., Inc.
Whitesell-Green Inc.
Whiting-Turner Contracting Co., Inc.
Whittaker Corp.
Williams International Corp.
Wisconsin Physicians Service Insurance
Wolverine World Wide, Inc.
Woodward Governor Co.
Woodward-Clyde Consultants
Worldcorp, Inc.
Wyle Laboratories
Xenotechnix Inc.
Xerox Corp.
Xontech Inc.
Yokosuka City Water Works Bureau
York International Corp.
Yonkers Contracting Co. Inc.
Zenith Data Systems Corp Del.
Dated: April 11, 1996.
Patricia L. Toppings,
Alternate OSD Federal Register
Liaison Officer, Department of Defense.
[FR Doc. 96-9378 Filed 4-16-96; 8:45 am]
[BILLING CODE 5000-04-M
Complete official Federal Register PDF
FR Doc. 96-9374 Federal Family Education Loan Program
[Federal Register Volume 61, Number 75 (Wednesday, April 17, 1996)]
[Rules and Regulations]
[Page 16718]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9374]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF EDUCATION
34 CFR Part 682
RIN 1840-AC21
Federal Family Education Loan Program
AGENCY: Department of Education.
ACTION: Final regulations.
-----------------------------------------------------------------------
SUMMARY: The Secretary amends the regulations governing the Federal
Family Education Loan Program to add the Office of Management and
Budget (OMB) control number to certain sections of the regulations.
These sections contain information collection requirements approved by
OMB. Under the Paperwork Reduction Act of 1995, no persons are required
to respond to a collection of information unless it displays a valid
OMB control number. The Secretary takes this action to inform the
public that these requirements have been approved and affected parties
must comply with them.
EFFECTIVE DATE: These regulations are effective on July 1, 1996.
FOR FURTHER INFORMATION CONTACT: Patricia Newcombe, FFELP Policy
Section Chief, Policy Development Division, Policy, Training, and
Analysis Service, U.S. Department of Education, 600 Independence
Avenue, SW., (Room 3053, ROB-3), Washington, DC 20202. Telephone (202)
708-8242. Individuals who use a telecommunications device for the deaf
(TDD) may call the Federal Information Relay Service (FIRS) at 1-800-
877-8339 between 8 a.m. and 8 p.m. Eastern time, Monday through Friday.
SUPPLEMENTARY INFORMATION: Final regulations for the Federal Family
Education Loan Program were published in the Federal Register on
December 1, 1995 (60 FR 61750). Compliance with information collection
requirements in certain sections of these regulations was delayed until
those requirements were approved by OMB under the Paperwork Reduction
Act of 1995. OMB approved the information collection requirements in
the regulations on November 30, 1995. The information collection
requirements in these regulations will therefore become effective with
all of the other provisions of the regulations on July 1, 1996.
Waiver of Proposed Rulemaking
It is the practice of the Secretary to offer interested parties the
opportunity to comment on proposed regulations. However, the
publication of OMB control numbers is purely technical and does not
establish substantive policy. Therefore, the Secretary has determined
under 5 U.S.C. 553(b)(B), that public comment on the regulations is
unnecessary and contrary to the public interest.
List of Subjects in 34 CFR Part 682
Administrative practice and procedure, Colleges and universities,
Education, Loan programs-education, Reporting and recordkeeping
requirements, Student aid, Vocational education.
Dated: April 9, 1996.
David A. Longanecker,
Assistant Secretary for Postsecondary Education.
The Secretary amends Part 682 of Title 34 of the Code of Federal
Regulations as follows:
PART 682--FEDERAL FAMILY EDUCATION LOAN PROGRAM
1. The authority citation for Part 682 continues to read as
follows:
Authority: 20 U.S.C. 1071 to 1087-2, unless otherwise noted.
Sec. 682.207 [Amended]
2. Section 682.207 is amended by adding the OMB control number
following the section to read as follows: ``(Approved by the Office of
Management and Budget under control number 1840-0538)''
Secs. 682.209, 682.210, 682.211, 682.401, 682.412, 682.603, 682.604,
682.605 [Amended]
3. Sections 682.209, 682.210, 682.211, 682.401, 682.412, 682.603,
682.604, and 682.605 are amended by republishing the OMB control number
following each section to read as follows: ``(Approved by the Office of
Management and Budget under control number 1840-0538)''
[FR Doc. 96-9374 Filed 4-16-96; 8:45 am]
BILLING CODE 4000-01-P
Complete official Federal Register PDF
FR Doc. 96-9272 Airworthiness Directives; Eurocopter Deutschland GmbH (ECD) Model BO-105, BO-105A, BO-105C, BO-105S, and BO-105LS A-1 Helicopters
[Federal Register Volume 61, Number 75 (Wednesday, April 17, 1996)]
[Rules and Regulations]
[Pages 16703-16704]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9272]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 61, No. 75 / Wednesday, April 17, 1996 /
Rules and Regulations
[[Page 16703]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 95-SW-14-AD; Amendment 39-9570; AD 96-08-04]
Airworthiness Directives; Eurocopter Deutschland GmbH (ECD) Model
BO-105, BO-105A, BO-105C, BO-105S, and BO-105LS A-1 Helicopters
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This amendment adopts a new airworthiness directive (AD),
applicable to Eurocopter Deutschland GmbH (ECD) (Eurocopter) Model BO-
105, BO-105A, BO-105C, BO-105S, and BO-105LS A-1 helicopters, that
requires a ground test and inspection of the tandem hydraulic switch-
over system (switch-over system) for component wear and parts
replacement, if necessary. This amendment is prompted by incidents
involving Model BO-105 series helicopters in which, during the switch-
over from Hydraulic System 1 to Hydraulic System 2, a 3-inch drop in
the collective occurred, caused by component wear in the switch-over
system. The actions specified by this AD are intended to detect switch-
over system component wear, which could result in a sudden drop in the
collective and a sudden loss of altitude.
DATES: Effective May 22, 1996. -
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of May 22, 1996.
ADDRESSES: The service information referenced in this AD may be
obtained from American Eurocopter Corporation, 2701 Forum Drive, Grand
Prairie, Texas 75053-4005. This information may be examined at the FAA,
Office of the Assistant Chief Counsel, 2601 Meacham Blvd., Room 663,
Fort Worth, Texas; or at the Office of the Federal Register, 800 North
Capitol Street, NW., suite 700, Washington, DC.
FOR FURTHER INFORMATION CONTACT: Mr. Robert McCallister, Aerospace
Engineer, Rotorcraft Standards Staff, Rotorcraft Directorate, FAA, 2601
Meacham Blvd., Fort Worth, Texas 76137, telephone (817) 222-5121, fax
(817) 222-5961.
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 Eurocopter Model BO-105, BO-105A,
BO-105C, BO-105S, and BO-105LS A-1 helicopters was published in the
Federal Register on November 2, 1995 (60 FR 55680). That action
proposed to require a ground test and inspection of the tandem
hydraulic switch-over system (switch-over system) for component wear
and parts replacement, if necessary. -
Interested persons have been afforded an opportunity to participate
in the making of this amendment. No comments were received on 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, except for editorial changes. The FAA
has determined that these changes will neither increase the cost to any
operator nor increase the scope of this AD. -
The FAA estimates that 165 helicopters of U.S. registry will be
affected by this AD, that it will take approximately 5 work hours per
helicopter to accomplish the required actions, and that the average
labor rate is $60 per work hour. Required parts, if needed, will cost
approximately $750. Based on these figures, the total cost impact of
this AD on U.S. operators is estimated to be $173,250. -
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 a new airworthiness directive
to read as follows:
AD 96-08-04 Eurocopter Deutschland GmbH (ECD): Amendment 39-9570.
Docket No. 95-SW-14-AD.
-Applicability: Model BO-105, BO-105A, BO-105C, BO-105S, and BO-
105LS A-1 helicopters with tandem hydraulic unit, part number (P/N)
105-45021, 105-45023, or 105-45028, having valve body manifolds
D133-756, D133-756E, ZE1-126-I, ZE2-126, or ZE2-126-1, installed on
either Hydraulic System 1 or Hydraulic System 2, certificated in any
category.
-Note 1: This AD applies to each helicopter 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 helicopters that have been modified,
altered, or repaired so that the performance of the requirements of
this AD is affected, the owner/operator must use the authority
provided in paragraph (b) to request approval from the FAA. This
approval may address
[[Page 16704]]
either no action, if the current configuration eliminates the unsafe
condition, or different actions necessary to address the unsafe
condition described in this AD. Such a request should include an
assessment of the effect of the changed configuration on the unsafe
condition addressed by this AD. In no case does the presence of any
modification, alteration, or repair remove any helicopter from the
applicability of this AD.
-Compliance: Required as indicated, unless accomplished
previously. -
To detect switch-over system component wear, which could result
in a sudden drop in the collective and a sudden loss of altitude,
accomplish the following: -
(a) Within 50 hours time-in-service after the effective date of
this AD, and thereafter at intervals not to exceed 1 year, conduct a
ground test of the tandem hydraulic system and an inspection of the
switch-over system linkage for wear in accordance with section A,
``Inspections Required,'' of the Accomplishment Instructions of MBB-
Helicopters Alert Service Bulletin ASB-BO 105-40-102, dated April
20, 1989. Based on the results of this ground test, accomplish the
following as appropriate: -
(1) If no switch-over reactions occur during the ground test, no
further action is required. -
(2) If any switch-over reaction occurs during the ground test,
perform the additional inspections of the switch-over system and
perform the required maintenance procedures in accordance with
section B, ``Work Procedure,'' of the Accomplishment Instructions of
MBB-Helicopters Alert Service Bulletin ASB-BO 105-40-102, dated
April 20, 1989. -
(b) An alternative method of compliance or adjustment of the
compliance time that provides an acceptable level of safety may be
used when approved by the Manager, Rotorcraft Standards Staff,
Rotorcraft Directorate, FAA. Operators shall submit their requests
through an FAA Principal Maintenance Inspector, who may concur or
comment and then send it to the Manager, Rotorcraft Standards Staff.
-Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Rotorcraft Standards Staff.
-(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 helicopter to a location where
the requirements of this AD can be accomplished. -
(d) The test, inspection, and parts replacement, if necessary
shall be done in accordance with MBB-Helicopters Alert Service
Bulletin ASB-BO 105-40-102, dated April 20, 1989. 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 American Eurocopter Corporation, 2701 Forum Drive,
Grand Prairie, Texas 75053-4005. Copies may be inspected at the FAA,
Office of the Assistant Chief Counsel, 2601 Meacham Blvd., Room 663,
Fort Worth, Texas; or at the Office of the Federal Register, 800
North Capitol Street, NW., suite 700, Washington, DC. -
(e) This amendment becomes effective on May 22, 1996.
Issued in Fort Worth, Texas, on April 2, 1996.
Eric Bries,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 96-9272 Filed 4-16-96; 8:45 am]
BILLING CODE 4910-13-U
Complete official Federal Register PDF
FR Doc. 96-8191 Policy and Procedures for Implementing the National Environmental Policy Act
[Federal Register Volume 61, Number 75 (Wednesday, April 17, 1996)]
[Rules and Regulations]
[Pages 16719-16728]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8191]
=======================================================================
-----------------------------------------------------------------------
UTAH RECLAMATION MITIGATION AND CONSERVATION COMMISSION
43 CFR Part 10010
Policy and Procedures for Implementing the National Environmental
Policy Act
AGENCY: Utah Reclamation Mitigation and Conservation Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Central Utah Project Completion Act established the Utah
Reclamation Mitigation and Conservation Commission (Commission) and
directed that the Commission be considered a Federal agency for
purposes of compliance with the National Environmental Policy Act of
1969, as amended (NEPA). In accordance with NEPA and Council on
Environmental Quality (CEQ) regulations, Federal agencies must
establish procedures to guide their actions in implementing NEPA. This
rule establishes the Commission's policies and procedures regarding
NEPA implementation. It defines the procedures that the Commission will
follow in preparing environmental documents and in making decisions
pursuant to NEPA. The rule also provides information to other agencies
and the public regarding how they may participate in the Commission's
NEPA activities. The intended effects of this rule are that the
Commission will have at its disposal specific guidance on how to
fulfill its NEPA responsibilities, and that the public will have a
clear understanding of the Commission's NEPA procedures.
EFFECTIVE DATE: March 15, 1996.
FOR FURTHER INFORMATION CONTACT: Joan Degiorgio, Telephone: 801-524-
3146.
SUPPLEMENTARY INFORMATION: The Draft NEPA Rule was published in the
Federal Register on January 25, 1996, Vol. 61, No. 17. The Final NEPA
Rule was adopted by the Commission in public session on March 15, 1996.
Background
The Commission was established by the Central Utah Project
Completion Act (Public Law 102-575, October 30, 1992). The Commission's
mission is to implement mitigation and conservation measures to offset
the effects of Federal reclamation projects in Utah and to take other
actions for the conservation of important fish, wildlife, and
recreation resources. The Commission was established to focus the
authority for reclamation mitigation and to coordinate interagency
efforts toward meeting mitigation needs. This rule
[[Page 16720]]
provides the Commission, affected Federal agencies, the State of Utah,
and the public with the necessary guidance to evaluate the
environmental effects of Commission activities and to ensure that these
will promote the protection and enhancement of environmental quality.
It is adopted in accordance with the National Environmental Policy Act
of 1969, as amended (42 U.S.C. 4321-4347) and with Council on
Environmental Quality (CEQ) regulations (40 CFR 1500-1508).
NEPA Rule Content
This rule provides direction on all aspects of the Commission's
NEPA process. It establishes general policies, provides guidance on
initiating the NEPA process, describes procedures relating to
Environmental Assessments (EA) and Environmental Impact Statements
(EIS), describes the relationship between NEPA and the Commission's
decision making process, and provides guidance on managing the NEPA
process.
Relationship to Department of Interior NEPA Procedures
The Commission's NEPA rule is modeled after the U.S. Department of
the Interior's (Department) NEPA procedures (Departmental Manual, Part
516) and relevant portions of Appendix I to that Part, which
establishes U.S. Fish and Wildlife Service (Service) NEPA procedures.
Four factors led the Commission to conclude that it is appropriate to
closely follow Department and Service procedures. First, Department and
Service reclamation mitigation and resource conservation activities
closely parallel those of the Commission and needs relating to NEPA are
therefore similar. Second, the Department's Office of the Solicitor is
responsible for providing the Commission with legal advice regarding
the Commission's NEPA activities and is familiar with the Department's
NEPA procedures. Third, the Commission will be involved in numerous
interagency activities with the Department, the Service, and other
bureaus within the Department, all of whom are familiar with, and bound
by, Departmental NEPA procedures. Fourth, other agencies and
organizations that will likely participate in Commission sponsored
activities, including the Utah Division of Wildlife Resources and the
Central Utah Water Conservancy District, have been involved in
mitigation and conservation initiatives involving Departmental NEPA
procedures and are therefore familiar with these procedures.
The Commission's NEPA rule generally adheres to the language
contained in the Department's Manual. Exceptions are as follows. First,
references to the Department, the Secretary, the Fish and Wildlife
Service, and departmental bureaus have been substituted with ``the
Commission'' or other appropriate language. Second, portions of the
Departmental procedures that assign responsibilities for NEPA planning
and approval processes have been modified to conform to the
Commission's authorities and approval process. Third, references to
regulatory and enforcement activities are omitted as the Commission is
not a regulatory agency. Fourth, references to the activities of
specific Department of the Interior bureaus are omitted. Fifth,
references to activities and subjects that are outside of the
Commission's jurisdiction or that are not applicable to the geographic
area subject to Commission actions (for example, marine resources) are
omitted. Sixth, a new section is added that references tiering of
environmental documents.
Categorical exclusions listed in paragraph (a) of Section 10010.61
are from Part 516 of the Department's Manual. With one addition,
categorical exclusions in paragraph (b) of that section are from the
Fish and Wildlife Service's appendix to Part 516. The addition is
(b)(6), derived from the Bureau of Reclamation's appendix to Part 516,
and relates to the Commission's ability to transfer operations and
maintenance of facilities.
The rule's format deviates significantly from that of the
Departmental Manual in order to be consistent with the format of the
Code of Federal Regulations. Minor editorial changes have also been
made.
Public Participation
The Commission is committed to open and full public participation
in its activities. The Commission has established a planning rule (43
CFR Part 10005) that describes opportunities for the public to become
involved in the preparation and implementation of the Commission's
mandated five-year plan. The public will also be given ample
opportunity to become involved in the evaluation of individual projects
that are components of that plan. The procedures for this are described
in this NEPA rule.
Rule Preparation and Review
This rule was prepared in consultation with affected Federal and
state agencies and other interested parties. The availability of the
draft rule was published in the Federal Register January 25, 1996. A
forty-five day public comment period was established. No comments were
received and the Rule was adopted on March 15, 1996.
Michael C. Weland,
Executive Director.
List of Subjects in 43 CFR Part 10010
Administrative practices and procedures, Environmental impact
statements, Environmental protection, Intergovernmental relations,
Natural resources, Reclamation, Water resources.
For the reasons set out in the preamble, 43 CFR Chapter III is
amended by adding a new part 10010 to read as follows:
PART 10010--POLICIES AND PROCEDURES FOR IMPLEMENTING THE NATIONAL
ENVIRONMENTAL POLICY ACT
Subpart A--Protection and Enhancement of Environmental Quality
10010.1 Purpose.
10010.2 Policy.
10010.3 General responsibilities.
10010.4 Consideration of environmental values.
10010.5 Consultation, coordination, and cooperation with other
agencies and organizations.
10010.6 Public involvement.
10010.7 Mandate.
Subpart B--Initiating the NEPA Process
10010.8 Purpose.
10010.9 Apply NEPA early.
10010.10 Whether to prepare an EIS.
10010.11 Lead agencies.
10010.12 Cooperating agencies.
10010.13 Scoping.
10010.14 Time limits.
Subpart C--Environmental Assessments
10010.15 Purpose.
10010.16 When to prepare.
10010.17 Public involvement.
10010.18 Content.
10010.19 Format.
10010.20 Adoption.
Subpart D--Environmental Impact Statements
10010.21 Purpose.
10010.22 Statutory requirements.
10010.23 Timing.
10010.24 Page limits.
10010.25 Supplemental environmental impact statements.
10010.26 Format.
10010.27 Cover sheet.
10010.28 Summary.
10010.29 Purpose and need.
10010.30 Alternatives including the proposed action.
10010.31 Appendix.
10010.32 Tiering.
10010.33 Incorporation by reference of material into NEPA
documents.
10010.34 Incomplete or unavailable information.
[[Page 16721]]
10010.35 Methodology and scientific accuracy.
10010.36 Environmental review and consultation requirements.
10010.37 Inviting comments.
10010.38 Response to comments.
10010.39 Elimination of duplication with state and local
procedures.
10010.40 Combining documents.
10010.41 Commission responsibility.
10010.42 Public involvement.
10010.43 Further guidance.
10010.44 Proposals for legislation.
10010.45 Time periods.
Subpart E. Relationship to Decision-Making
10010.46 Purpose.
10010.47 Pre-decision referrals to CEQ.
10010.48 Decision-making procedures.
10010.49 Record of decision.
10010.50 Implementing the decision.
10010.51 Limitations on actions.
10010.52 Timing of actions.
10010.53 Emergencies.
Subpart F--Managing the NEPA Process
10010.54 Purpose.
10010.55 Organization for environmental quality.
10010.56 Approval of EISs.
10010.57 List of specific compliance responsibilities.
10010.58 Information about the NEPA process.
Subpart G--Actions Requiring an EIS and Actions Subject to Categorical
Exclusion
10010.59 Purpose.
10010.60 Actions normally requiring an EIS.
10010.61 Actions subject to categorical exclusion.
10010.62 Exceptions to categorical exclusions.
Authority: 43 U.S.C. 620k (note).
Subpart A--Protection and Enhancement of Environmental Quality
Sec. 10010.1 Purpose.
This Subpart establishes the Commission's policies for complying
with Title 1 of the National Environmental Policy Act of 1969, as
amended (42 U.S.C. 4321-4347) (NEPA); Section 2 of Executive Order
11514, Protection and Enhancement of Environmental Quality, as amended
by Executive Order 11991; and the regulations of the Council on
Environmental Quality (CEQ) implementing the procedural provisions of
NEPA (40 CFR parts 1500 through 1508).
Sec. 10010.2 Policy.
It is the policy of the Commission:
(a) To provide leadership in protecting and enhancing those aspects
of the quality of the Nation's environment which relate to or may be
affected by the Commission's policies, goals, programs, plans, or
functions in furtherance of national environmental policy;
(b) To use all practicable means to improve, coordinate, and direct
its policies, plans, functions, programs, and resources in furtherance
of national environmental goals;
(c) To interpret and administer, to the fullest extent possible,
the policies, regulations, and public laws of the United States
administered by the Commission in accordance with the policies of NEPA;
(d) To consider and give significant weight to environmental
factors, along with other essential considerations, in developing
proposals and making decisions in order to achieve a proper balance
between the development and utilization of natural, cultural, and human
resources and the protection and enhancement of environmental quality;
(e) To consult, coordinate, and cooperate with other Federal
agencies and State, local, and Indian tribal governments in the
development and implementation of the Commission's plans and programs
affecting environmental quality and, in turn, to provide to the fullest
extent practicable, these entities with information concerning the
environmental impacts of their respective plans and programs;
(f) To provide, to the fullest extent practicable, timely
information to the public to better assist in understanding the
Commission's plans and programs affecting environmental quality and to
facilitate their involvement in the development of such plans and
programs; and
(g) To cooperate with and assist the CEQ.
Sec. 10010.3 General responsibilities.
The following responsibilities reflect the Commission's decision
that the officials responsible for making program decisions are also
responsible for taking the requirements of NEPA into account in those
decisions and will be held accountable for that responsibility:
(a) Executive Director. (1) Is the Commission's focal point on NEPA
matters and is responsible for overseeing the Commission's
implementation of NEPA.
(2) Serves as the Commission's principle contact with the CEQ.
(3) Assigns to Commission staff the responsibilities outlined in
this part.
(4) Must comply with the provisions of NEPA, E.O. 11514 as amended,
the CEQ regulations, and this part.
(5) Will interpret and administer, to the fullest extent possible,
the policies, regulations, and public laws of the United States
administered under the Commission's jurisdiction in accordance with the
policies of NEPA.
(6) Will continue to review the Commission's statutory authorities,
administrative regulations, policies, programs, and procedures, in
order to identify any deficiencies or inconsistencies therein which
prohibit or limit full compliance with the intent, purpose, and
provisions of NEPA and, in consultation with the Department of the
Interior Office of the Solicitor, shall take or recommend, as
appropriate, corrective actions as may be necessary to bring these
authorities and policies into conformance with the intent, purpose, and
procedures of NEPA.
(7) Will monitor, evaluate, and control on a continuing basis the
Commission's activities so as to protect and enhance the quality of the
environment. Such activities will include those directed to conserving
and enhancing the environment and designed to accomplish other program
objectives which may affect the quality of the environment. The
Executive Director will develop programs and measures to protect and
enhance environmental quality and assess progress in meeting the
specific objectives of such activities as they affect the quality of
the environment.
(b) Members of the Commission. (1) Are responsible for compliance
with NEPA, E.O. 11514, as amended, the CEQ regulations, and this part.
(2) Will insure that, to the fullest extent possible, the policies,
regulations, and public laws of the United States administered under
the Commission's jurisdiction are interpreted and administered in
accordance with the policies of NEPA.
(c) Department of the Interior Office of the Solicitor. Is
responsible for providing legal advice to the Commission regarding
compliance with NEPA.
Sec. 10010.4 Consideration of environmental values.
(a) In Commission management. (1) In the management of the natural,
cultural, and human resources under its jurisdiction, the Commission
must consider and balance a wide range of economic, environmental, and
social objectives at the local, regional, and national levels, not all
of which are quantifiable in comparable terms. In considering and
balancing these objectives, Commission plans, proposals, and decisions
often require recognition of complements and resolution of conflicts
among interrelated uses of these natural, cultural, and human resources
within
[[Page 16722]]
technological, budgetary, and legal constraints.
(2) Commission project reports, program proposals, issue papers,
and other decision documents must carefully analyze the various
objectives, resources, and constraints, and comprehensively and
objectively evaluate the advantages and disadvantages of the proposed
actions and their reasonable alternatives. Where appropriate, these
documents will utilize and reference supporting and underlying
economic, environmental, and other analyses.
(3) The underlying environmental analyses will factually,
objectively, and comprehensively analyze the environmental effects of
proposed actions and their reasonable alternatives. They will
systematically analyze the environmental impacts of alternatives, and
particularly those alternatives and measures which would reduce,
mitigate, or prevent adverse environmental impacts or which would
enhance environmental quality.
(b) In internally initiated proposals. Officials responsible for
development or conduct of planning and decision making systems within
the Commission shall incorporate to the maximum extent necessary
environmental planning as an integral part of these systems in order to
insure that environmental values and impacts are fully considered and
in order to facilitate any necessary documentation of those
considerations.
(c) In externally initiated proposals. Officials responsible for
development or conduct of grant, contract, or other externally
initiated activities shall require applicants, to the extent necessary
and practicable, to provide environmental information, analyses, and
reports as an integral part of their applications. This will serve to
encourage applicants to incorporate environmental considerations into
their planning processes as well as provide the Commission with
necessary information to meet its own environmental responsibilities.
Sec. 10010.5 Consultation, coordination, and cooperation with other
agencies and organizations.
(a) Commission plans and programs. (1) Officials responsible for
planning or implementing Commission plans and programs will develop and
utilize procedures to consult, coordinate, and cooperate with relevant
State, local, and Indian tribal governments; other Federal agencies;
and public and private organizations and individuals concerning the
environmental effects of these plans and programs on their
jurisdictions and/or interests.
(2) The Commission will utilize, to the maximum extent possible,
existing notification, coordination, and review mechanisms established
by the Office of Management and Budget, the Water Resource Council, and
CEQ. However, use of these mechanisms must not be a substitute for
early and positive consultation, coordination, and cooperation with
others, especially State, local, and Indian tribal governments.
(b) Other Commission activities. (1) Technical assistance, advice,
data, and information useful in restoring, maintaining, and enhancing
the quality of the environment will be made available to other Federal
agencies, State, local, and Indian tribal governments, institutions,
and individuals as appropriate.
(2) Information regarding existing or potential environmental
problems and control methods developed as a part of research,
development, demonstration, test, or evaluation activities will be made
available to other Federal agencies, State, local, and Indian tribal
governments, institutions and other entities as appropriate.
(c) Plans and programs of other agencies and organizations. (1)
Officials responsible for protecting, conserving, developing, or
managing resources under the Commission's jurisdiction shall coordinate
and cooperate with State, local and Indian tribal governments, other
Federal agencies, and public and private organizations and individuals,
and provide them with timely information concerning the environmental
effects of these entities' plans and programs.
(2) The Commission will participate early in applicable planning
processes of other agencies and organizations in order to ensure full
cooperation with and understanding of the Commission's programs and
interests in natural, cultural, and human resources.
(3) The Commission will utilize to the fullest extent possible,
existing review mechanisms to avoid unnecessary duplication of effort
and to avoid confusion by other organizations.
Sec. 10010.6 Public involvement.
The Commission will develop and utilize procedures to ensure the
fullest practicable provision of timely public information and
understanding of its plans and programs including information on the
environmental impacts of alternative courses of action. These
procedures will include, wherever appropriate, provision for public
meetings or hearings in order to obtain the views of interested
parties. The Commission will also encourage State and local agencies
and Indian tribal governments to adopt similar procedures for informing
the public concerning their activities affecting the quality of the
environment.
Sec. 10010.7 Mandate.
(a) This part provides instructions for complying with NEPA and
Executive Order 11514, Protection and Enhancement of Environmental
Quality, as amended by Executive Order 11991.
(b) The Commission hereby adopts the regulations of the CEQ,
implementing the procedural provisions of NEPA (sec. 102(2)(C)) except
where compliance would be inconsistent with other statutory
requirements. In the case of any apparent discrepancies between these
procedures and the mandatory provisions of the CEQ regulations the
regulations shall govern.
(c) Instructions supplementing the CEQ regulations are provided in
subparts B through G of this part. Citations in brackets refer to the
CEQ regulations. In addition, the Commission may prepare a handbook or
other technical guidance, or adopt an appropriate handbook or guidance
prepared by another agency, for its personnel on how to apply this part
to principal programs.
Subpart B--Initiating the NEPA Process
Sec. 10010.8 Purpose.
This subpart provides supplemental instructions for implementing
those portions of the CEQ regulations pertaining to initiating the NEPA
process (40 CFR Parts 1501 through 1506).
Sec. 10010.9 Apply NEPA early.
(a) The Commission will initiate early consultation and
coordination with other Federal agencies having jurisdiction by law or
special expertise with respect to any environmental impact involved,
and with appropriate Federal, State, local and Indian tribal agencies
authorized to develop and enforce environmental standards.
(b) The Commission will also consult early with interested private
parties and organizations, including when the Commission's own
involvement is reasonably foreseeable in a private or non-Federal
application.
(c) The Commission will insure that applicants are informed of any
environmental information required, to be included in their
applications and of any consultation with other Federal agencies, and
State, local or Indian
[[Page 16723]]
tribal governments required prior to making the application.
Sec. 10010.10 Whether to prepare an EIS.
(a) Categorical exclusions (CX) (40 CFR 1508.4).
(1) The following criteria will be used to determine categories of
actions to be excluded from preparation of an EA or EIS:
(i) Analysis or experience shows that the action or group of
actions would have no significant effect on the quality of the human
environment; and
(ii) The action or group of actions would not involve unresolved
conflicts concerning alternative uses of available resources.
(2) Based on the criteria in paragraph (a)(1) of this section, the
categories of actions listed in subpart G of this part are excluded
from the preparation of an EA or EIS.
(3) The exceptions listed in subpart G of this part apply to
individual actions subject to CX. Appropriate environmental documents
must be prepared for any actions involving these exceptions.
(4) Notwithstanding the criteria, exclusions, and exceptions in
paragraphs (a)(1) through (3), extraordinary circumstances may dictate
or a responsible Commission official may decide to prepare an
environmental document to assist with decision-making.
(b) Environmental Assessment (EA) (40 CFR 1508.9). Procedures
regarding preparation of an EA are addressed in subpart C of this part.
(c) Finding of No Significant Impact (FONSI) (40 CFR 1508.13). A
FONSI will be prepared as a separate document based upon analysis of an
EA and a determination that the proposed action will have no
significant environmental impact.
(d) Notice of Intent (NOI) (40 CFR 1508.22). A NOI will be prepared
as soon as practicable after a decision to prepare an environmental
impact statement and shall be published in the Federal Register and
made available to the affected public in accordance with 40 CFR 1506.6.
Publication of a NOI may be delayed if there is proposed to be more
than three (3) months between the decision to prepare an environmental
impact statement and the time preparation is actually initiated. The
Commission will periodically publish a consolidated list of these
notices in the Federal Register.
(e) Environmental Impact Statement (EIS) (40 CFR 1508.11).
Decisions/actions which would normally require the preparation of an
EIS are identified in subpart G of this part. Procedures regarding
preparation of an EIS are addressed in subpart D of this part.
Sec. 10010.11 Lead agencies.
(a) The Commission will serve as lead, or, as appropriate, joint-
lead agency for any NEPA procedure that is sponsored by or otherwise
significantly involves the Commission.
(b) The Commission will inform the Office of the Solicitor of any
agreements to assume lead or joint-lead agency status.
(c) A non-Federal agency may be designated as a joint lead agency
if it has a duty to comply with a local or State environmental review
requirement. Any non-Federal agency may be a cooperating agency by
agreement. The Commission will consult with the Office of the Solicitor
in cases where such non-Federal agencies are also applicants before the
Commission to determine joint-lead agency responsibilities.
Sec. 10010.12 Cooperating agencies.
(a) The Commission will adhere to CEQ directives both in the
designation of cooperating agencies for Commission sponsored NEPA
procedures and in seeking designation as a cooperating agency for
procedures sponsored by others. Any non-Federal agency may be a
cooperating agency in Commission NEPA proceedings by agreement. The
Commission will consult with the Office of the Solicitor in cases where
such non-Federal agencies are also applicants before the Commission to
determine cooperating agency responsibilities.
(b) The Commission will inform the Office of the Solicitor of any
agreements to assume cooperating agency status or any declinations
pursuant to 40 CFR 1501.6 (c).
Sec. 10010.13 Scoping.
(a) The invitation requirement in 40 CFR 1501.7(a)(1) may be
satisfied by including such an invitation in the NOI.
(b) If a scoping meeting is held, consensus is desirable; however,
the lead agency is ultimately responsible for the scope of an EIS. In
the case of procedures involving joint-lead agencies, all joint-lead
agencies share this responsibility.
Sec. 10010.14 Time limits.
When time limits are established to prepare an environmental
document they should reflect the availability of personnel and funds.
Subpart C--Environmental Assessments
Sec. 10010.15 Purpose.
This subpart provides supplemental instructions for implementing
those portions of the CEQ regulations pertaining to environmental
assessments (EA).
Sec. 10010.16 When to prepare.
(a) An EA will be prepared for all actions, except those categories
of action excluded from documentation or addressed adequately by a
previous environmental document, or for those actions for which a
decision has already been made to prepare an EIS. The purpose of such
an EA is to allow the responsible official to determine whether to
prepare an EIS.
(b) In addition, an EA may be prepared on any action at any time in
order to assist in planning and decision making.
Sec. 10010.17 Public involvement.
(a) The public may be involved in the EA process when appropriate.
Public notification will be made of the availability of an EA document
(40 CFR 1506.6).
(b) The scoping process may be applied to an EA (40 CFR 1501.7).
Sec. 10010.18 Content.
(a) At a minimum, an EA will include brief discussions of the need
for the proposal, of alternatives as required by section 102(2)(E) of
NEPA, of the environmental impacts of the proposed action and such
alternatives, and a listing of agencies and persons consulted (40 CFR
1508.9(b)).
(b) In addition, an EA may be expanded to more fully describe the
proposal and a broader range of alternatives if this facilitates
planning and decision making.
(c) The level of detail and depth of impact analysis should
normally be limited to that needed to determine whether there are
significant environmental effects.
(d) An EA will contain objective and credible analyses which
support its environmental impact conclusions. It will not, in and of
itself, conclude whether or not an EIS will be prepared. This
conclusion will be made upon review of the EA by the responsible
official and documented in either a NOI or FONSI.
Sec. 10010.19 Format.
(a) An EA may be prepared in any format useful to facilitate
planning and decision making.
(b) An EA may be combined with any other planning or decision
making
[[Page 16724]]
document; however, that portion which analyzes the environmental
impacts of the proposal and alternatives will be clearly and separately
identified and not spread throughout or interwoven into other sections
of the document.
Sec. 10010.20 Adoption.
(a) An EA prepared for a proposal before the Commission by another
agency, entity or person, including an applicant, may be adopted if,
upon independent evaluation by the responsible Commission official, it
is found to comply with this part and relevant provisions of the CEQ
regulations.
(b) When appropriate and efficient, a responsible Commission
official may augment such an EA when it is essentially, but not
entirely, in compliance in order to make it so.
(c) If an EA or augmented EA is adopted, the responsible Commission
official must prepare his/her own NOI or FONSI which also acknowledges
the origin of the EA and takes full responsibility for its scope and
content.
Subpart D--Environmental Impact Statements
Sec. 10010.21 Purpose.
This subpart provides supplemental instructions for implementing
those portions of the CEQ regulations pertaining to environmental
impact statements (EIS).
Sec. 10010.22 Statutory requirements.
NEPA requires that an EIS be prepared by the responsible Federal
official. This official is normally the lowest-level official who has
overall responsibility for formulating, reviewing, or proposing an
action or, alternatively, has been delegated the authority or
responsibility to develop, approve, or adopt a proposal or action.
Preparation at this level will ensure that the NEPA process will be
incorporated into the planning process and that the EIS will accompany
the proposal through existing review processes.
Sec. 10010.23 Timing.
(a) The feasibility analysis (go/no-go) stage, at which time an EIS
is to be completed, is to be interpreted as the stage prior to the
first point of major commitment to the proposal.
(b) An EIS need not be commenced until an application is
essentially complete; e.g., any required environmental information is
submitted, any consultation required with other agencies has been
conducted, and any required advance funding is paid by the applicant or
other appropriate party.
Sec. 10010.24 Page limits.
An EIS should be as brief as possible and still convey the required
information. Normally this should be accomplished in less than 150
pages, though documents of up to 300 pages are acceptable for more
comprehensive issues. Where the text of an EIS for a complex proposal
or group of proposals appears to require more than the normally
prescribed limit of 300 pages, the Commission will ensure that the
length of such statements is no greater than necessary to comply with
NEPA, the CEQ regulations, and this part.
Sec. 10010.25 Supplemental environmental impact statements.
(a) Supplement Environmental Impact Statements (SEIS) are only
required if such changes in the proposed action or alternatives, new
circumstances, or resultant significant effects are not adequately
analyzed in the previously prepared EIS.
(b) The Commission will consult with the Office of the Solicitor
prior to proposing to CEQ to prepare a final supplement without
preparing an intervening draft.
(c) If, after a Record of Decision has been executed based on a
final EIS, a described proposal is further refined or modified and if
there are only minor changes in effects or they are still within the
scope of the earlier EIS, an EA and FONSI may be prepared for
subsequent decisions rather than a SEIS. As identified in Sec.
10010.61(b)(1)(i), changes having no potential for significant
environmental impact are categorically excluded from environmental
documentation requirements.
Sec. 10010.26 Format.
(a) Proposed departures from the standard format described in the
CEQ regulations and this part must be approved by the Executive
Director.
(b) The section listing the preparers of the EIS will also include
other sources of information, including a bibliography or list of cited
references, when appropriate.
(c) The section listing the distribution of the EIS will also
briefly describe the consultation and public involvement processes
utilized in planning the proposal and in preparing the EIS, if this
information is not discussed elsewhere in the document.
(d) If CEQ's standard format is not used or if the EIS is combined
with another planning or decision making document, the section which
analyzes the environmental consequences of the proposal and its
alternatives will be clearly and separately identified and not
interwoven into other portions of or spread throughout the document.
Sec. 10010.27 Cover sheet.
The cover sheet will indicate whether the EIS intended to serve any
other environmental review or consultation requirements pursuant to 40
CFR 1502.25.
Sec. 10010.28 Summary.
The emphasis in the summary should be on those considerations,
controversies, and issues which significantly affect the quality of the
human environment.
Sec. 10010.29 Purpose and need.
The purpose and need section may introduce a number of factors,
including economic and technical considerations and Commission
statutory missions, which may be outside the scope of the EIS. Care
should be taken to insure an objective presentation and not a
justification.
Sec. 10010.30 Alternatives including the proposed action.
(a) As a general rule, the following guidance will apply:
(1) For internally initiated proposals; i.e., for those cases where
the Commission conducts or controls the planning process, both the
draft and final EIS shall identify the Commission's proposed action, or
preferred alternative.
(2) For externally initiated proposals; i.e., for those cases where
the Commission is reacting to an application or similar request, the
draft and final EIS shall identify the applicant's proposed action and
the Commission's preferred alternative unless another law prohibits
such an expression.
(3) Proposed departures from this guidance must be approved by the
Executive Director and the Office of the Solicitor.
(b) Mitigation measures to offset adverse effects of the proposed
action or its alternatives are not necessarily independent of these
actions and should be incorporated into and analyzed as a part of the
proposal and appropriate alternatives. Where appropriate, major
mitigation measures may be identified and analyzed as separate
alternatives in and of themselves where the environmental consequences
are distinct and significant enough to warrant separate evaluation.
Sec. 10010.31 Appendix.
If an EIS is intended to serve other environmental review or
consultation requirements pursuant to 40 CFR 1502.25, any more detailed
information
[[Page 16725]]
needed to comply with these requirements may be included as an
appendix.
Sec. 10010.32 Tiering.
An environmental document prepared by or for the Commission may
incorporate by reference, either in part or in its entirety, an earlier
environmental impact statement or environmental assessment when the
subject matter of the earlier document is directly applicable. The
Commission may also choose to prepare, or cause to have prepared, a
broad environmental document to cover an entire program or,
alternatively, a series of projects within a distinct geographic area,
with the intent of later undertaking project-specific documentation and
``tiering'' to the more general statement or assessment.
Sec. 10010.33 Incorporation by reference of material into NEPA
documents.
Citations of specific topics will include the pertinent page
numbers. All literature references will be listed in the bibliography.
Sec. 10010.34 Incomplete or unavailable information.
The references to overall costs in 40 CFR 1502.22 of the CEQ
regulations are not limited to market costs, but may also include other
costs such as social costs due to delay.
Sec. 10010.35 Methodology and scientific accuracy.
Conclusions about environmental effects will be preceded by an
analysis that supports that conclusion unless explicit reference by
footnote is made to other supporting documentation that is readily
available to the public.
Sec. 10010.36 Environmental review and consultation requirements.
(a) The Commission will maintain a list of applicable environmental
review and consultation requirements pursuant to other federal or state
laws and regulations and will make this available to interested
parties.
(b) If the EIS is intended to serve as the vehicle to fully or
partially comply with the requirements of other federal or state laws
and regulations, the associated analyses, studies, or surveys will be
identified as such and discussed in the text of the EIS and the cover
sheet will so indicate. Any supporting analyses or reports to the NEPA
documents will be incorporated by reference or included as an appendix
and shall be sent to reviewing agencies as appropriate in accordance
with applicable regulations or procedures.
Sec. 10010.37 Inviting comments.
(a) Comments from State agencies will be requested through
procedures established by the Governor pursuant to Executive Order
12372, and may be requested from local agencies through these
procedures to the extent that they include the affected local
jurisdictions.
(b) When the proposed action may affect the environment of an
Indian reservation, comments will be requested from the Indian tribe
through the tribal governing body, unless the tribal governing body has
designated an alternate review process.
Sec. 10010.38 Response to comments.
(a) Preparation of a final EIS need not be delayed in those cases
where a Federal agency, from which comments are required to be obtained
(40 CFR 1503.1(a)(l)), does not comment within the prescribed time
period. Informal attempts will be made to determine the status of any
such comments and every reasonable attempt should be made to include
the comments and a response in the final EIS.
(b) When other commentors are late, their comments should be
included in the final EIS to the extent practicable.
Sec. 10010.39 Elimination of duplication with state and local
procedures.
The Commission will incorporate in its appropriate program
regulations provisions for the preparation of an EIS by a State agency
to the extent authorized in section 102(2)(D) of NEPA.
Sec. 10010.40 Combining documents.
Incorporating documentation requirements of other environmental
regulations into an EIS is both acceptable and desirable. If the EIS is
combined with another planning or decision making document, the section
which analyzes the environmental consequences of the proposal and its
alternatives will be clearly and separately identified and not
interwoven into other portions of or spread throughout the document.
Sec. 10010.41 Commission responsibility.
A Commission sponsored environmental document may be prepared by
the Commission, a joint-lead agency, a contractor selected or approved
by the Commission, or, when appropriate, a cooperating agency.
Regardless, the Commission has the responsibility to independently
evaluate and draw appropriate conclusions. Following the Commission's
preparation or independent evaluation of and assumption of
responsibility for an environmental document, an applicant may print it
provided the applicant is bearing the cost of the document pursuant to
other laws.
Sec. 10010.42 Public involvement.
The Commission will adhere to CEQ requirements regarding the use of
public notices, public meetings, public review of NEPA documents, and
other techniques to ensure that the public has ample opportunity to
provide input into the proceedings and to ensure that the Commission
will give due consideration to this input.
Sec. 10010.43 Further guidance.
The Commission may provide further guidance concerning NEPA
pursuant to its organizational responsibilities and through
supplemental directives.
Sec. 10010.44 Proposals for legislation.
(a) When appropriate, the Commission shall identify in the annual
submittal to the Office of Management and Budget of the Commission's
proposed legislative program any requirements for and the status of any
environmental documents.
(b) When required, the Commission shall ensure that a legislative
EIS is included as a part of the formal transmittal of a legislative
proposal to the Congress.
Sec. 10010.45 Time periods.
(a) The minimum review period for a draft EIS will be sixty (60)
days from the date of transmittal to the Environmental Protection
Agency.
(b) The Commission will be responsible for consulting with the
Environmental Protection Agency and/or CEQ about any proposed
reductions in time periods or any extensions of time periods proposed
by those agencies.
Subpart E--Relationship to Decision-Making
Sec. 10010.46 Purpose.
This subpart provides supplementary instructions for implementing
those portions of the CEQ regulations pertaining to decision-making.
Sec. 10010.47 Pre-decision referrals to CEQ.
(a) Upon receipt of advice that another Federal agency intends to
refer a Commission matter to CEQ, the Commission will immediately meet
with that Federal agency to attempt to resolve the issues raised.
(b) Upon any referral of a Commission matter to CEQ by another
Federal agency, the Executive Director will be responsible for
coordinating the Commission's position.
[[Page 16726]]
Sec. 10010.48 Decision-making procedures.
(a) Procedures by which the Commission makes decisions are
specified in 43 CFR part 10000.
(b) The Commission will incorporate in its formal decision-making
procedures provisions for consideration of environmental factors and
relevant environmental documents. The major decision points for
principal programs likely to have significant environmental effects
will be clearly identified.
(c) Relevant environmental documents, including supplements, will
be included as part of the record in formal rule making or adjudicatory
proceedings.
(d) Relevant environmental documents, comments, and responses will
accompany proposals through existing review processes so that
Commission officials use them in making decisions.
(e) The decision-maker will consider the environmental impacts of
the entire range of alternatives described in any relevant
environmental document; the range of these alternatives must encompass
the actual alternatives considered by the decision-maker.
Sec. 10010.49 Record of decision.
(a) Any decision documents prepared for proposals involving an EIS
may incorporate all appropriate provisions of 40 CFR 1505.2 (b) and
(c).
(b) If a decision document incorporating these provisions is made
available to the public following a decision, it will serve the purpose
of a record of decision.
Sec. 10010.50 Implementing the decision.
The terms ``monitoring'' and ``conditions'' in 40 CFR 1505.3 of the
CEQ regulations will be interpreted as being relevant to factors
affecting the quality of the human environment.
Sec. 10010.51 Limitations on actions.
The Executive Director will notify the Chairman of the Commission
and the Office of the Solicitor of any situations where Commission or
applicant action would, if taken prior to completion of a NEPA
proceeding, potentially have an adverse environmental impact or limit
the choice of reasonable alternatives.
Sec. 10010.52 Timing of actions.
The Commission will consult with the Office of the Solicitor before
making any request for reducing the time period before a decision or
action.
Sec. 10010.53 Emergencies.
In the event of an unanticipated emergency situation, the
Commission will immediately take any necessary action to prevent or
reduce risks to public health or safety or serious resource losses and
then expeditiously consult with the Office of the Solicitor about
compliance with NEPA. The Commission will also be responsible for
consulting with CEQ.
Subpart F--Managing the NEPA Process
Sec. 10010.54 Purpose.
This subpart provides supplemental instruction for implementing
those provisions for the CEQ regulations pertaining to procedures for
implementing and managing the NEPA process.
Sec. 10010.55 Organization for environmental quality.
(a) Executive Director. The Executive Director is responsible for
providing advice and assistance to the Commission on matters pertaining
to environmental quality and for overseeing and coordinating the
Commission's compliance with NEPA, Executive Order 11514 as amended by
Executive Order 11991, the CEQ regulations, and this part.
(b) NEPA Coordinator. The Executive Director will designate
organizational elements or individuals, as appropriate, to be
responsible for overseeing matters pertaining to the environmental
effects of the Commission's plans and programs. The individual(s)
assigned these responsibilities should have management experience or
potential, understand the Commission's planning and decision making
processes, and be well trained in environmental matters, including the
Commission's policies and procedures so that his/her/their advice has
significance in the Commission's planning and decisions.
Sec. 10010.56 Approval of EISs.
The Chairman of the Commission (Chairman), acting on the part of
the full Commission, is authorized to approve an EIS. The Chairman may
further assign the authority to approve the EIS if he or she chooses.
The Executive Director will make certain that there are adequate
safeguards to assure that EISs and other environmental documents comply
with NEPA, the CEQ regulations, this part, and other relevant
Commission procedures.
Sec. 10010.57 List of specific compliance responsibilities.
(a) The Commission staff shall:
(1) As deemed necessary, prepare a NEPA handbook or adapt
applicable materials prepared by other agencies, providing guidance on
how to implement NEPA in principal program areas.
(2) Prepare program regulations or directives for applicants.
(3) Propose categorical exclusions.
(4) Prepare EAs.
(5) Recommend whether to prepare an EIS.
(6) Prepare NOIs and FONSIs.
(7) Prepare EISs.
(b) The Executive Director shall:
(1) Approve agency handbooks and other NEPA guidance.
(2) Approve regulations or directives for applicants.
(3) Approve categorical exclusions.
(4) Approve EAs.
(5) Decide whether to prepare an EIS.
(6) Approve NOIs and FONSIs.
(7) Make recommendations regarding the adequacy of EISs.
(c) The Chairman of the Commission, acting on behalf of the full
Commission, shall:
(1) Concur with regulations or directives for applicants.
(2) Concur with EAs.
(3) Approve EISs.
Sec. 10010.58 Information about the NEPA process.
The Executive Director will identify staff contacts where
information about the NEPA process and the status of EISs may be
obtained.
Subpart G--Actions Requiring an EIS and Actions Subject to
Categorical Exclusion
Sec. 10010.59 Purpose.
This subpart provides supplemental instruction for determining
major actions requiring an EIS and for determining actions that are
categorically excluded from NEPA.
Sec. 10010.60 Actions normally requiring an EIS.
(a) The following proposals will normally require the preparation
of an EIS:
(1) Establishment of major new refuges or wildlife management
areas, fish hatcheries, and major additions to such installations.
(2) Master development and/or management plans for major new
installations.
(3) Management plans for established installations where major new
developments or substantial changes in management practices are
proposed.
(b) If for any of these proposals it is initially decided not to
prepare an EIS, an EA will be prepared in accordance with 40 CFR
1501.4(e)(2).
Sec. 10010.61 Actions subject to categorical exclusion.
(a) General categorical exclusions. The following actions are
categorical
[[Page 16727]]
exclusions (CX). However, environmental documents will be prepared for
individual actions subject to CX if the exceptions listed in Sec.
10010.62 apply.
(1) Personnel actions and investigations and personnel services
contracts.
(2) Internal organizational charges and facility and office
reductions and closings.
(3) Routine financial transactions, including such things as
salaries and expenses, procurement contracts, guarantees, financial
assistance, income transfers, audits, fees, bonds and royalties.
(4) Legal transactions, including such things as investigations,
patents, claims, legal opinions, and judicial activities including
their initiation, processing, settlement, appeal or compliance.
(5) Monitoring actions, including inspections, assessments,
administrative hearings and decisions; when the regulations themselves
or the instruments of regulations (leases, permits, licences, etc.)
have previously been covered by the NEPA process or exempt from it.
(6) Non-destructive data collection, inventory (including field,
aerial and satellite surveying and mapping), study, and research
activities.
(7) Routine and continuing government business, including such
things as supervision, administration, activities having limited
context and intensity, for example, activities of limited size and
magnitude of short-term effects.
(8) Management formulation, allocation, transfer and reprogramming
of the Commission's budget at all levels. This does not exclude the
preparation of environmental documents for proposals included in the
budget when otherwise required.
(9) Legislative proposals of an administrative or technical nature,
including such things as changes in authorizations for appropriations,
and minor boundary changes and land transactions; or having primarily
economic, social, individual or institutional effects; and comments and
reports on referrals of legislative proposals.
(10) Policies, directives, regulations, and guidelines of an
administrative, financial, legal, technical, or procedural nature; or
the environmental effects of which are too broad, speculative, or
conjectural to lend themselves to meaningful analysis and will be
subject later to the NEPA process, either collectively or case-by-case.
(11) Activities which are educational, informational, advisory or
consultative to other agencies, public and private entities, visitors,
individuals or the general public.
(12) Cooperative agreements and interagency agreements.
(b) Specific categorical exclusions. The following actions are
categorical exclusions (CX).
(1) General:
(i) Changes or amendments to an approved action when such changes
have no potential for causing substantial environmental impact.
(ii) Personnel training, environmental interpretation, public
safety efforts and other educational activities.
(iii) The issuance and modification of procedures, including
manuals, orders and field rules, when the impacts are limited to
administrative or technological effects.
(iv) The acquisition of land or water rights in accordance with the
Commission's procedures, when the acquisition is from a willing seller,
the acquisition planning process has been performed in coordination
with the affected public and essentially the existing use will be
continued.
(2) Resource management:
(i) Research, inventory and information collection activities
directly related to the conservation of fish and wildlife resources
which involve negligible animal mortality or habitat destruction, and
no introduction of either exotic organisms or contaminants.
(ii) The operation, maintenance and management of existing
facilities and improvements (i.e. structures, roads), including
renovations and replacements which result in no or only minor changes
in the capacity, use or purpose of the affected facilities.
(iii) The addition of small structures or improvements in the area
of existing facilities, which result in no or only minor changes in the
capacity, use or purpose of the affected area.
(iv) The reintroduction (stocking) of native or established species
into suitable habitat within their historic or established range.
(v) Minor changes in the amounts or types of public use on
Commission managed land or land acquired with Commission funds, in
accordance with existing regulations, management plans and procedures.
(vi) Consultation and technical assistance activities directly
related to the conservation of fish and wildlife resources.
(3) Use of Commission-managed or funded lands:
(i) The issuance of special approvals for public use of Commission-
managed land or land acquired with Commission funds, which maintains
essentially the same level of use and does not continue a level of use
that has resulted in adverse environmental effects.
(ii) Permitting a limited additional use of an existing right-of-
way over Commission-managed land or land acquired with Commission
funds, such as the addition of new power or telephone lines where no
new structures or improvements are required, or the addition of buried
lines.
(iii) The issuance or reissuance of rights-of-way and special use
approvals for Commission-managed land or land acquired with Commission
funds that result in no or negligible environmental effects.
(iv) The reissuance of grazing or agricultural use approvals for
Commission-managed land or land acquired with Commission funds which do
not increase the level of use nor continue a level of use that has
resulted in adverse environmental effects.
(4) Funding for activities by others:
(i) Planning grants or other funding for planning activities and
the administrative determination that plans were prepared in accordance
with prescribed standards. However, when the plan is submitted to the
Commission for implementation, the program proposed by the plan is
subject to the NEPA process.
(ii) Grants or other funding for categorically excluded actions
listed in paragraphs (b) (1) through (3) of this section.
(5) Inter-agency Initiatives: Actions where the Commission has
concurrence or co-approval with another agency and the action is a
categorical exclusion for that agency.
(6) Transfer of the operations and maintenance of Federal lands,
water, or facilities to water districts, recreation agencies, fish and
wildlife agencies, or other entities where the anticipated operation
and maintenance activities are agreed to in a contract or a memorandum
of agreement, follow approved Commission policy, and no major change in
operation and maintenance is anticipated or a proposed major change in
operation and maintenance has previously been the subject of an
appropriate NEPA document.
Sec. 10010.62 Exceptions to categorical exclusions.
The following exceptions apply to individual actions within
categorical exclusions (CX). Environmental documents must be prepared
for actions which may:
(a) Have significant adverse effects on public health or safety.
[[Page 16728]]
(b) Have adverse effects on such unique geographic characteristics
as historic or cultural resources, parks, recreation or refuge lands,
wilderness areas, wild or scenic rivers, sole or principal drinking
water aquifers, prime farmlands, wetlands, floodplains, or ecologically
significant or critical areas, including those listed on the Department
of the Interior's National Register of Natural Landmarks.
(c) Have highly controversial environmental effects.
(d) Have highly uncertain and potentially significant environmental
effects or involve unique or unknown environmental risks.
(e) Establish a precedent for future action or represent a decision
in principle about future actions with potentially significant
environmental effects.
(f) Be directly related to other actions with individually
insignificant but cumulatively significant environmental effects.
(g) Have adverse effects on properties listed or eligible for
listing on the National Register of Historic Places.
(h) Have adverse effects on species listed or proposed to be listed
on the List of Endangered or Threatened Species, or have adverse
effects on designated Critical Habitat for these species.
(i) Require compliance with Executive Order 12988 (Floodplain
Management), Executive Order 11990 (Protection of Wetlands), or the
Fish and Wildlife Coordination Act. However, an action may be
categorically excluded following applicable reviews if the action is
found to be in conformance with the applicable law or executive order.
(j) Threaten to violate a Federal, State, local or tribal law or
requirement imposed for the protection of the environment.
[FR Doc. 96-8191 Filed 4-16-96; 8:45 am]
BILLING CODE 4310-05-P
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