issue-1996-04-29•Federal Register final rules — 1996-04-29
Federal Register final rules — 1996-04-29
issue-1996-04-29Federal Register final rules — 1996-04-29Regulation
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. 96-9932 Airworthiness Directives; Airbus Model A310 and A300-600 Series Airplanes
[Federal Register Volume 61, Number 83 (Monday, April 29, 1996)]
[Rules and Regulations]
[Pages 18665-18667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9932]
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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 94-NM-245-AD; Amendment 39-9576; AD 96-09-02]
Airworthiness Directives; Airbus Model A310 and A300-600 Series
Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
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SUMMARY: This amendment supersedes two existing airworthiness
directives (AD), that are applicable to Airbus Model A310 and A300-600
series airplanes. One AD currently requires repetitive operational
tests of feel and limitation computers (FLC) 1 and 2; the other AD
requires replacement of certain FLC's on Model A300-600 series
airplanes. Those AD's were prompted by reports indicating that the
elevator control operated with stiffness. The actions specified by
those AD's are intended to prevent stiff operation of the elevator
control and undetected loss of rudder travel limitation function, which
could adversely affect the controllability of the airplane. This new
amendment requires installation of new FLC's, which terminates the
currently required repetitive operational tests. This amendment also
revises the applicability of the rule to delete airplanes on which
these new FLC's have been installed previously.
DATES: Effective May 29, 1996.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of May 29, 1996.
The incorporation by reference of Airbus All Operator Telex (AOT)
27-14, dated November 3, 1993, as listed in the regulations, was
approved previously by the Director of the Federal Register as of
January 29, 1994 (59 FR 507, January 5 1994).
The incorporation by reference of Airbus Service Bulletin A300-27-
6025, dated September 15, 1993, as listed in the regulations, was
approved previously by the Director of the Federal Register as of May
20, 1994 (59 FR 23133, May 5, 1994).
ADDRESSES: The service information referenced in this AD may be
obtained from Airbus Industrie, 1 Rond Point Maurice Bellonte, 31707
Blagnac Cedex, France. This information may be examined at the Federal
Aviation Administration (FAA), Transport Airplane Directorate, Rules
Docket 94-NM-245-AD, 1601 Lind Avenue, SW., Renton, Washington; or at
the Office of the Federal Register, 800 North Capitol Street, NW.,
suite 700, Washington, DC.
FOR FURTHER INFORMATION CONTACT: Tom Groves, Aerospace Engineer,
Standardization Branch, ANM-113, FAA, Transport Airplane Directorate,
1601 Lind Avenue SW., Renton, Washington 98055-4056; telephone (206)
227-1503; fax (206) 227-1149.
SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal
Aviation Regulations (14 CFR part 39) by superseding AD 93-24-51,
amendment 39-8783 (59 FR 507, January 5, 1994); and AD 94-09-16,
amendment 39-8905 (59 FR 23133, May 5, 1994); was published in the
Federal Register on January 19, 1996 (61 FR 1289). The previously-
issued AD's are applicable to Airbus Model A310 and A300-600 series
airplanes. The proposal proposed to require installation of new feel
and limitation computers (FLC), which terminates the currently required
repetitive operational tests of those units. The proposal also proposed
to revise the applicability of the rule to delete airplanes on which
these new FLC's have been installed previously.
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
the two comments received.
Both commenters support the proposal.
Recently, Airbus issued Revision 1 to Service Bulletin A300-27-
6026, dated August 31, 1995. This revision is essentially the same as
the original release of the service bulletin (dated May 5, 1994), which
was cited in the proposal as an appropriate source of service
information; Revision 1, however, contains certain editorial revisions
and an updated effectivity listing showing the current operators of the
affected airplanes. The FAA has revised the final rule to include
Revision 1 of this service bulletin as an additional source of service
information.
After careful review of the available data, including the comments
noted above, the FAA has determined that air safety and the public
interest require the adoption of the rule with the change previously
described. The FAA has determined that this change will neither
increase the economic burden on any operator nor increase the scope of
the AD.
The FAA estimates that approximately 55 Airbus Model A300-600 and
A310 series airplanes of U.S. registry will be affected by this AD.
The operational tests of the FLC's, which were previously required
by AD 93-24-51 and retained in this AD, take approximately .5 work hour
per airplane to accomplish, at an average labor rate of $60 per work
hour. Based on these figures, the cost impact on U.S. operators of the
required operational tests is estimated to be $1,650, or $30 per
airplane, per operational test.
Installation of the modified FLC's, as required by this new AD,
will take approximately 5 work hours per airplane to accomplish, at an
average labor rate of $60 per work hour. Required parts will be
provided by the manufacturer at no cost to operators. Based on these
figures, the cost impact on U.S. operators of this installation action
is estimated to be $16,500, or $300 per airplane.
The cost impact figures discussed above are based on assumptions
that no operator has yet accomplished any of the requirements of this
AD action, and that no operator would accomplish those actions in the
future if this AD were not adopted.
The regulations adopted herein will not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government. Therefore, in
accordance with Executive Order 12612, it is determined that this final
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
For the reasons discussed above, I certify that this action (1) is
not a ``significant regulatory action'' under Executive Order 12866;
(2) is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and (3) will not have a
significant economic impact, positive or negative, on a substantial
number of small entities under the criteria of the Regulatory
Flexibility Act. A final evaluation has been prepared for this action
and it is contained in the Rules Docket. A copy of it may be obtained
from the Rules Docket at the location provided under the caption
ADDRESSES.
[[Page 18666]]
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 removing amendment 39-8783 (59 FR
507, January 5, 1994), and amendment 39-8905 (59 FR 23133, May 5,
1994); and by adding a new airworthiness directive (AD), amendment 39-
9576, to read as follows:
96-09-02 Airbus: Amendment 39-9576. Docket 94-NM-245-AD. Supersedes
AD 93-24-51, amendment 39-8783; and AD 94-09-16, amendment 39-8905.
Applicability: Model A310 series airplanes on which
Modifications 10712 and 10668 were not incorporated during
production, or that are equipped with Feel and Limitation Computers
(FLC) having the part numbers listed below; and Model A300-600
series airplanes on which Modifications 10713 and 10667 were not
incorporated during production, or that are equipped with FLC's
having the part numbers listed below; certificated in any category.
------------------------------------------------------------------------
Airplane model- FLC part No.
------------------------------------------------------------------------
A310-..................................... 35-900-1008-009
- 35-900-1009-011
- 35-900-1011-011
- 35-900-1011-011-A
A300-600-................................. 35-900-2000-200
- 35-900-2000-201
- 35-900-2002-201
- 35-900-2002-201-A
- 35-900-3002-302
------------------------------------------------------------------------
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
modified, altered, or repaired in the area subject to the
requirements of this AD. For airplanes that have been modified,
altered, or repaired so that the performance of the requirements of
this AD is affected, the owner/operator must request approval for an
alternative method of compliance in accordance with paragraph (f)(1)
of this AD. The request should include an assessment of the effect
of the modification, alteration, or repair on the unsafe condition
addressed by this AD; and, if the unsafe condition has not been
eliminated, the request should include specific proposed actions to
address it.
-Compliance: Required as indicated, unless accomplished
previously.
To prevent stiff operation of the elevator control and
undetected loss of rudder travel limitation function, which may
adversely affect controllability of the airplane, accomplish the
following:
(a) For all airplanes: Within 7 days after January 20, 1994 (the
effective date of AD 93-24-51, amendment 39-8783), perform an
operational test to verify proper operation of the Feel and
Limitation Computers (FLC) 1 and 2, in accordance with Airbus All
Operator Telex 27-14, dated November 2, 1993.
(1) If the operational test is successful, repeat the test at
intervals not to exceed 7 days until the requirements of paragraph
(c) or (d) of this AD, as applicable, are accomplished.
(2) If any FLC fails the operational test, prior to further
flight, accomplish the procedures specified in either paragraph (c)
or (d) of this AD, as applicable.
(b) Except as provided by paragraphs (c) and (d) of this AD: As
of January 20, 1994 (the effective date of AD 93-24-51, amendment
39-8783), no airplane shall be operated with an inoperative pitch
feel system or inoperative pitch feel fault lights.
(c) For Model A310 series airplanes: Within 6 months after the
effective date of this AD, replace or modify the currently installed
FLC's in accordance with paragraphs (c)(1) and (c)(2) of this AD.
Installation of FLC's that incorporate both Modifications 10668 and
10712 constitutes terminating action for the repetitive operational
tests of the FLC's required by paragraph (a) of this AD, and for the
operating limitations required by paragraph (b) of this AD.
(1) Install Modification 10668 in accordance with Airbus Service
Bulletin A310-27-2068, Revision 1, dated March 16, 1994, or Revision
2, dated April 19, 1995. And
(2) Install Modification 10712 in accordance with Airbus Service
Bulletin A310-27-2070, dated May 5, 1994.
(d) For Model A300-600 series airplanes: Accomplish the
requirements of paragraphs (d)(1), and (d)(2) of this AD.
Accomplishment of these actions constitutes terminating action for
the operational tests required by paragraph (a) of this AD, and for
the operating limitations required by paragraph (b) of this AD.
(1) Within 45 days after May 20, 1994 (the effective date of AD
94-09-16, amendment 39-8905), replace the FLC's, having part number
(P/N) 35-900-2000-200 or 35-900-2000-201, serial numbers 755 and
subsequent, with an FLC that has been previously modified, in
accordance with Airbus Service Bulletin A300-27-6025, dated
September 15, 1993, or Revision 1, dated August 31, 1994.
(2) Within 6 months after the effective date of this AD, replace
or modify the FLC's in accordance with paragraphs (d)(2)(i) and
(d)(2)(ii) of this AD. Installation of FLC's that incorporate both
Modifications 10667 and 10713 constitutes terminating action for the
repetitive operational tests of the FLC's required by paragraph (a)
of this AD, and for the operating limitations required by paragraph
(b) of this AD.
(i) Install Modification 10667 in accordance with Airbus Service
Bulletin A300-27-6025, dated September 15, 1993; or Revision 1,
dated August 31, 1994; or Revision 2, dated April 19, 1995. And Lori
Aliment (206) 227-2115.
(ii) Install Modification 10713 in accordance with Airbus
Service Bulletin A300-27-6026, dated May 5, 1994, or Revision 1,
dated August 31, 1995.
Note 2: The accomplishment of paragraph (d)(1) of this AD
entails installing FLC's that incorporate Modification 10667, as
does the accomplishment of paragraph (d)(2)(i). Paragraph (d)(2)(i)
is included in this AD because the list of part numbers of affected
FLC's in paragraph (d)(1), as well as in the parallel requirement of
AD 94-09-16, is not comprehensive. Additional affected FLC part
numbers were identified subsequent to the issuance of AD 94-09-16;
FLC's having those part numbers are subject to the requirements of
paragraph (d)(2) of this AD.
(e) As of the effective date of this AD, operational tests in
accordance with paragraph (a) of this AD may be discontinued on
modified FLC's having the part numbers listed in Table 1 of this AD.
Table 1
------------------------------------------------------------------------
Airplane model- FLC part No.
------------------------------------------------------------------------
A310-..................................... 35-900-1010-011
-- 35-900-1012-011
-- 35-900-1012-011-A
A300-600-................................. 35-900-3004-302
-- 35-900-2001-201
-- 35-900-2003-201
-- 35-900-2003-201-A
------------------------------------------------------------------------
(f) (1) An alternative method of compliance or adjustment of the
compliance time that provides an acceptable level of safety may be
used if approved by the Manager, Standardization Branch, ANM-113,
FAA, Transport Airplane Directorate. Operators shall submit their
requests through an appropriate FAA Principal Maintenance Inspector,
who may add comments and then send it to the Manager,
Standardization Branch, ANM-113.
(2) Alternative methods of compliance, approved in accordance
with AD 93-24-51, amendment 398783; or AD 94-09-16, amendment 39-
8905, are approved as alternative methods of compliance with this
AD.
Note 3: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Standardization Branch, ANM-113.
(g) Special flight permits may be issued in accordance with
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the airplane to a location where
the requirements of this AD can be accomplished.
(h) The actions shall be done in accordance with the following
Airbus Service Bulletins, having the indicated list of effective
pages:
[[Page 18667]]
----------------------------------------------------------------------------------------------------------------
Revision level shown
Service bulletin and date - Page No.- - on page Date shown on page
----------------------------------------------------------------------------------------------------------------
All Operator Telex (AOT) 27-14, 1-4-................ (Original)-......... November 3, 1993.
November 3, 1993.
A310-27-2068, Revision 1, March 1, 4-5, 7-8, 9-10... 1................... March 16, 1994.
16, 1994. 2-3, 6, 11-......... (Original)-......... December 13, 1993.
A310-27-2068, Revision 2, April 1-2, 4-5............ 2................... April 19, 1995.
19, 1995. 7-10................ 1................... March 16, 1994.-
3, 6, 11............ (Original).......... December 13, 1993. -
A310-27-2070, May 5, 1994 -...... 1-11-............... (Original)-......... May 5, 1994.
A300-27-6025, September 15, 1993- 1-9-................ (Original)-......... September 15, 1993.
A300-27-6025, Revision 1, August 1-4--............... 1................... August 31, 1994.
31, 1994. 5-9 ---............. (Original).......... September 15, 1993.
A300-27-6025, Revision 2, April 1, 3--.............. 2................... April 19, 1995. -
19, 1995 -. 2, 4-............... 1-.................. August 31, 1994.
5-9................. (Original........... September 15, 1993.
A300-27-6026, May 5, 1994-....... 1-9-................ (Original)-......... May 5, 1994.
A300-27-6026, Revision 1, August 1-3--............... 1................... August 31, 1995.
31, 1995. 4-9--............... (Original).......... May 5, 1994.
----------------------------------------------------------------------------------------------------------------
The incorporation by reference of Airbus All Operator Telex
(AOT) 27-14, dated November 3, 1993, was approved previously by the
Director of the Federal Register, in accordance with 5 U.S.C. 552(a)
and 1 CFR part 51, as of January 29, 1994 (59 FR 507, January 5,
1994). The incorporation by reference of Airbus Service Bulletin
A300-27-6025, dated September 15, 1993, was approved previously by
the Director of the Federal Register, in accordance with 5 U.S.C.
552(a) and 1 CFR part 51, as of May 20, 1994 (59 FR 23133, May 5,
1994). The incorporation by reference of the other service
bulletins, listed above, 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 Airbus Industrie, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France. Copies may be inspected at
the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW.,
Renton, Washington; or at the Office of the Federal Register, 800
North Capitol Street, NW., suite 700, Washington, DC.
(i) This amendment becomes effective on May 29, 1996.
Issued in Renton, Washington, on April 17, 1996.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 96-9932 Filed 4-26-96; 8:45 am]
BILLING CODE 4910-13-U
Complete official Federal Register PDF
FR Doc. 96-9555 Elimination of Unnecessary and Duplicative Hazardous Materials Regulations
[Federal Register Volume 61, Number 83 (Monday, April 29, 1996)]
[Rules and Regulations]
[Pages 18926-18934]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9555]
[[Page 18925]]
_______________________________________________________________________
Part VIII
Department of Transportation
_______________________________________________________________________
Research and Special Programs Administration
_______________________________________________________________________
49 CFR Parts 107, et al.
Elimination of Unnecessary and Duplicative Hazardous Materials
Regulations; Final Rule
Federal Register / Vol. 61, No. 83 / Monday, April 29, 1996 / Rules
and Regulations
[[Page 18926]]
DEPARTMENT OF TRANSPORTATION
Research and Special Programs Administration
49 CFR Parts 107, 171, 172, 173, 174, 175, 176, 177, 178, and 179
[Docket HM-222A; Admt. Nos. 107-37, 171-140, 172-147, 173-248, 174-82,
175-55, 176-39, 177-86, 178-112, and 179-51]
RIN 2137-AC69
Elimination of Unnecessary and Duplicative Hazardous Materials
Regulations
AGENCY: Research and Special Programs Administration (RSPA), DOT.
ACTION: Final rule.
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SUMMARY: RSPA is removing unnecessary, obsolete, and duplicative
regulations contained in the Hazardous Materials Regulations (HMR). In
addition, RSPA is eliminating approximately 100 pages of the CFR by
reformatting the Hazardous Materials Table and List of Hazardous
Substances and Reportable Quantities. The intended effect of this
action is to enhance compliance with the HMR by making them shorter and
easier to use. This action responds to President Clinton's March 4,
1995 memorandum to heads of departments and agencies calling for a
review of all agency regulations.
EFFECTIVE DATE: October 1, 1996.
FOR FURTHER INFORMATION CONTACT: John A. Gale or Jennifer K.
Antonielli, (202) 366-8553; Office of Hazardous Materials Standards,
RSPA, Department of Transportation, Washington, DC 20590-0001.
SUPPLEMENTARY INFORMATION:
I. Background
On March 4, 1995, President Clinton issued a memorandum to heads of
departments and agencies calling for a review of all agency regulations
to eliminate or revise those regulations that are outdated or in need
of reform. In addition, the President directed front line regulators to
``* * * get out of Washington and create grassroots partnerships'' with
people affected by agency regulations. In response to the President's
directive, RSPA performed an extensive review of the Hazardous
Materials Regulations (HMR; 49 CFR Parts 171-180) and associated
procedural rules (49 CFR Parts 106, 107 and 110). In April and July,
1995, RSPA published notices in the Federal Register (60 FR 17049 and
60 FR 38888, respectively) that announced public meetings and requested
comments on ways to improve the HMR and the kind and quality of
services RSPA's customers expect. RSPA held 12 public meetings and
received over 50 written comments in response to the Federal Register
notices. Based on its review of the HMR and on written and oral
comments received from the public on regulatory reform, RSPA issued a
notice of proposed rulemaking (NPRM) on October 13, 1995, under Docket
HM-222A (60 FR 53321). The NPRM proposed to eliminate over 100 sections
of the HMR and to reformat the Hazardous Materials Table and Hazardous
Substances Table. This is one of several rulemakings initiated by RSPA
in response to its regulatory review, public meetings, and comments.
II. Summary of Amendments
RSPA received approximately 42 comments to the NPRM from chemical
manufacturers and distributors, offerors, carriers, and packaging
manufacturers, and State enforcement agencies. These commenters were
generally supportive of RSPA's proposals in the NPRM. The primary
concerns raised by commenters were about proposals to: (1) reformat the
Sec. 172.101 Hazardous Materials Table (HMT) and the List of Hazardous
Substances and Reportable Quantities; (2) placard holder dimensional
specifications; and (3) remove general guidance in Part 177 on
emergency response activities for hazardous materials transportation
accidents or incidents. Commenters also raised concerns that were
beyond the scope of the proposed rule; however, they may be considered
in future rulemakings.
RSPA believes this final rule will enhance compliance by reducing
the number of regulations in the HMR and making them easier to use. As
a result of having fewer pages, RSPA foresees the possibility of
consolidating the two CFR volumes into one.
A. Reformatting the Hazardous Materials Table and Hazardous Substances
Table
Several commenters stated that RSPA's proposal to reformat the
label column of the HMT by identifying labels by class/division number
rather than class name would make the HMR more difficult to use. One
commenter added that adoption of the proposal would complicate the
process of determining a label for a material. Commenters opposing this
change stated that this proposal makes both teaching and applying the
HMR more difficult and may create a significant burden on users of the
HMR. One commenter stated that adding a table preceding the HMT to
identify which label corresponds to a label code in Column (6) is
impractical, especially for the infrequent user of the HMR. Another
commenter added that this proposal would not enhance clarity of the HMR
or the HMT because users of the HMR often overlook the instructions to
the HMT and would be forced to flip between the two tables to determine
the required labels. Some commenters claimed this proposal would
increase the likelihood of errors. One commenter recommended that RSPA
place the ``numerical identifier table'' within the margins of each
page of the HMT for the reader's convenience. Another commenter
suggested that if RSPA modifies the HMT, the agency should focus on
reducing the size of the columns and adjusting the format. Another
commenter stated that use of Roman numerals to distinguish poisons may
be confused with Packing Group numerals.
Some commenters supported RSPA's proposal but recommended that RSPA
inform and educate all affected persons, including emergency
responders, of this change to ensure compliance with the HMR. One
commenter recommended that RSPA revise the proposed heading of Column
(6) to read ``Label code(s)'' to indicate that more than one label code
may be specified for certain shipping descriptions.
RSPA disagrees with those commenters who stated that label codes
would create confusion and lead to non-compliance and is reformatting
the HMT to remove and replace Column (6) that specifies label names
with a new Column (6) that specifies label codes. The numerical label
codes directly correspond to numerical hazard classes and divisions
which have been in place in the HMR for over five years. If a person is
properly trained in accordance with subpart G of Part 172, there should
be no confusion as to the class or required label for a given shipping
description. In addition, through the distribution of more than four
million Emergency Response Guidebooks, emergency responders have been
informed of the UN hazard class system, and what the respective codes
represent. RSPA believes that the benefits of eliminating over 80 pages
of the CFR outweigh the minor inconvenience of using a label code
rather than a label name. In the new Column (6) of the HMT, RSPA
identifies the labels required by class or division number instead of
spelling out the class name. For example, the POISON and KEEP AWAY FROM
FOOD labels are identified as ``6.1'' and FLAMMABLE LIQUID label is
identified as ``3''. Also, RSPA is adding a table to the
[[Page 18927]]
instructions to the HMT that clearly states which label is required for
each numerical identifier.
Commenters were generally supportive of RSPA's proposal to remove
the column of synonyms from appendix A to Sec. 172.101. However, one
commenter requested that RSPA reevaluate its proposal to remove the
synonym column because many shippers refer to this column to determine
a proper shipping name for a product. Another commenter recommended
that RSPA replace the synonyms with Chemical Abstract System (CAS)
Registry numbers because they provide a more reliable cross reference
and are accessible to most users of the HMR. The commenter stated that
CAS numbers would provide non-chemist shippers with valuable
information to identify a hazardous substance. In addition to being
beyond the scope of this rulemaking, RSPA believes that adding CAS
numbers to the HMT would be of little value to the regulated community
and would significantly add to the size of the HMR. RSPA also notes
that CAS numbers can be found in the EPA's list of hazardous substances
in 40 CFR 302.4. Therefore, RSPA is not adopting the commenter's
suggestion.
RSPA recognizes these commenters' concerns that synonyms of
hazardous substances provide guidance to shippers in determining
hazardous substances. However, because all synonyms are specifically
listed as hazardous substances in Appendix A to Sec. 172.101, RSPA is
removing the synonym column to simplify the Table and the HMR.
B. Reporting Requirements
One of the goals of the President's Regulatory Reinvention
Initiative was to decrease, as far as practical, the reports that are
required to be submitted to the government. As proposed in the NPRM,
RSPA is eliminating Secs. 173.11 and 177.826, which require carriers
and shippers of flammable cryogenic liquids in bulk packagings to
register with RSPA. RSPA also is amending, as proposed, Sec. 107.504 by
decreasing the frequency that manufacturers of cargo tanks are required
to register with RSPA from three years to six years. RSPA also is
removing a requirement in Sec. 107.111 that RSPA publish in the Federal
Register a list of those persons who request party status to an
exemption. This change will enable RSPA to expedite the processing of
requests for party status to exemptions.
C. Unnecessary Sections
Part 110
Sec. 110.30(a)(4) Grant application. RSPA proposed to remove the
requirement that applicants for training and planning grants provide a
written statement explaining whether the State or Indian tribe assesses
and collects fees on the transportation of hazardous materials and
whether such fees are used solely to carry out purposes related to the
transportation of hazardous materials. Several commenters opposed
RSPA's decision to remove the provision in Sec. 110.30(a)(4). The
commenters stated that ``because of the Congressional mandate to review
this information prior to the award of the training segment of the
Grants, we believe, at a minimum, that RSPA cannot unilaterally
eliminate this requirement without Congressional approval.'' RSPA
believes that the effect on the hazardous materials grants program of
removing Sec. 110.30(a)(4) requires further study and, therefore, RSPA
is not removing Sec. 110.30(a)(4).
Part 172
Appendix C to Part 172 Dimensional Specifications for Recommended
Placard Holder. This appendix provides specific dimensions for a
recommended placard holder. Some commenters expressed concern in regard
to RSPA's proposal to remove specifications for placard holders from
the HMR. Commenters stated that the placard specification is widely
used and beneficial in reducing the potential for loss of placards
during transportation. Commenters believed that removal of the placard
holder dimensional specifications would lead to more confusion and
noncompliance, and recommended that RSPA retain the placard holder
specifications. RSPA concurs with the commenters and is not removing
the specifications for the placard holder and is not revising
Sec. 172.516 as proposed.
Part 173
Sec. 173.10 Tank car shipments. This section contains specific
requirements for offerors of tank cars containing certain hazardous
materials. RSPA proposed to remove this section because RSPA believed
it to be inconsistent with current industry practice. One commenter
disagreed with RSPA and stated that additional justification is needed
before RSPA removes this section from the HMR. Upon further review,
RSPA is not removing Sec. 173.10 from the HMR. Corresponding changes
were not proposed in Sec. 174.204 or Sec. 174.304, which contain
similar requirements applicable to rail carriers and it would be
inappropriate to remove only Sec. 173.10. RSPA will reevaluate the need
for these sections in a future rulemaking action.
Sec. 173.324 Ethyl methyl ether. This section provides non-bulk
packaging requirements specific to ethyl methyl ether. Instead of
having a specific packaging section for this material, RSPA is revising
its packaging reference in Column (8B) of the HMT to read
``Sec. 173.201'' for non-bulk packaging authorizations and is removing
Sec. 173.324.
Sec. 173.451 Fissile materials--general requirements. This section
states that fissile radioactive material packages must comply with
requirements of Secs. 173.457 through 173.459. RSPA believes this
section is unnecessary and is removing it. In addition, a reference to
Sec. 173.451 contained in Sec. 173.453 is removed.
Sec. 173.477 Approval for export shipments. This section sets
forth procedures for obtaining an approval for export shipments of
packages for which an International Atomic Energy Agency certificate of
competent authority has been issued. RSPA is removing this section
because the requirements for export shipments of hazardous materials,
including radioactive materials, are specified in Sec. 171.12.
Sec. 173.478 Notification to competent authorities for export
shipments. This section requires shippers who export Type B quantities
of Class 7 material to notify the competent authority of each country
through which or into which the package is to be transported, prior to
the first shipment. The shipper is required to submit copies of all
relevant competent authority certificates. RSPA is removing this
section because the requirements for export shipments of hazardous
materials, including Class 7 material, are specified in Sec. 171.12.
Part 174
Sec. 174.16 Removal and disposition of hazardous materials at
destination. This section prescribes requirements for delivering
hazardous materials to non-agency and agency stations and disposing of
the materials in the event that they are not removed from a carrier's
property by the consignee of the materials. RSPA proposed to remove
Sec. 174.16 because it is outdated and unnecessary. Two commenters
requested that RSPA retain this section. They stated that removal of
this section would increase the likelihood of unauthorized or illegal
access to explosives and that the requirements of Sec. 174.16 should be
the minimum standard for carriers of explosives.
[[Page 18928]]
RSPA believes that the ramifications of removing this section from the
HMR need further review and, therefore, has decided against removing
Sec. 174.16.
Sec. 174.20 Local or carrier restrictions. This section states
that carriers may impose local restrictions when local conditions
present an unsafe transportation environment. Also, Sec. 174.20 states
that carriers must report all carrier restrictions to the Bureau of
Explosives. RSPA stated in the NPRM that it was proposing to remove
Sec. 174.20 because it believes that centralizing a list of all rail
carrier restrictions should be an industry practice and not a
regulatory requirement. Two commenters disagreed with RSPA's proposal
to remove Sec. 174.20, stating that the section is necessary for safety
and that carriers should be allowed to impose local restrictions. RSPA
believes that the effect of removing this section from the HMR on the
railroad industry requires further study and, therefore, RSPA is not
removing Sec. 174.20 from the HMR.
Sec. 174.33 Lost or destroyed labels and placards./Sec. 176.33
Labels./Sec. 177.815 Lost or destroyed labels. These sections require
carriers to maintain an adequate supply of labels and placards in case
labels or placards become lost or destroyed. Several commenters were
concerned that removing these sections would allow carriers to move
hazardous materials packages without their proper labels, and
recommended that RSPA retain these sections. RSPA disagrees. By
removing these sections, RSPA is not allowing carriers to transport
hazardous materials that are not in compliance with the HMR. As
specified in the HMR, shippers may not offer and carriers may not
transport hazardous materials unless they are properly packaged,
marked, labeled and placarded. This basic requirement is not eliminated
by removal of these sections. Accordingly, Secs. 174.33, 176.33, and
177.815 are removed as proposed.
Sec. 174.107 Shipping days for Division 1.1 or 1.2 (Class A
explosive) materials. This section prescribes requirements for carriers
to designate days in which Division 1.1 or 1.2 materials are accepted
and delivered. RSPA proposed to remove this section because it
generally applies to a shipment of explosives by a rail express carrier
which is no longer a common practice. One commenter stated that, though
this is no longer a common practice, this section should be retained as
the minimum standard for such shipments by rail. RSPA believes that, by
removing unnecessary and redundant regulations, the HMR will be an
easier set of regulations to follow, thus increasing compliance and
safety. Section 174.107 is unnecessary because it addresses a type of
transportation that is no longer a common practice. Therefore, RSPA is
removing Sec. 174.107 from the HMR.
Sec. 174.109 Non-agency shipments. This section provides
requirements for Class 1 shipments accepted by a carrier at a non-
agency station. RSPA is removing this section because it is no longer
necessary.
Sec. 174.280 Division 2.3 (poisonous gas) materials with
foodstuffs. This section provides a prohibition from transporting
packages labeled POISON GAS with foodstuffs. RSPA proposed to remove
this section because Division 2.3 materials present a hazard if inhaled
but do not pose a significant hazard to foodstuffs or edible material.
One commenter stated that contamination of foodstuffs by Division 2.3
material is possible when the integrity of the packaging is
compromised. RSPA is not aware of any Division 2.3 material that would
pose a significant hazard to foodstuffs; and this amendment is
consistent with the regulations for highway transportation. No
incidents have been reported involving the transportation of foodstuffs
and Division 2.3 materials in the same motor vehicle. Therefore, RSPA
is removing this section from the HMR as proposed.
Sec. 174.410 Special handling requirements for matches. This
section provides special handling requirements for strike-anywhere
matches. RSPA proposed to remove this section because it believes the
section is no longer necessary based on current packaging requirements
in Part 173 for strike-anywhere matches. One commenter stated that this
section provides a minimum standard for the safe transport of strike-
anywhere matches and suggested that it be retained. RSPA believes that
this section is no longer necessary and is removing it from the HMR.
Sec. 174.450 Fires. This section addresses disposition of cotton
or charcoal which has been damaged in a fire. One commenter opposed the
proposed removal of this section and stated that if these mitigation
requirements are not retained, carriers will not undertake these
measures. RSPA disagrees and believes that the procedures are outmoded
and inappropriate as a regulatory standard. Therefore, RSPA is removing
this section from the HMR.
Sec. 174.510 Special handling requirements for nitrates. This
section prescribes requirements for carriers of nitrates to ensure that
the rail car is closed, clean and free of projections before loading
the nitrates. RSPA is removing this section because the requirements of
subpart C of part 174 adequately cover the loading of this material in
a rail car.
Sec. 174.57 Cleaning cars./Sec. 174.515 Cleaning cars; potassium
permanganate./ Sec. 174.615(a) Cleaning cars. Sections 174.515 and
174.615(a) require that rail cars be cleaned following the carriage of
potassium permanganate or Division 6.1 materials, respectively. Section
174.57 requires that rail cars carrying any hazardous material that has
leaked from a package be carefully cleaned. RSPA proposed to remove
Secs. 174.515 and 174.615(a) because it believes that the requirements
of subpart C of part 174 adequately cover the cleaning of rail cars
that previously contained these materials. Commenters stated that all
three of these sections should be retained in order to protect worker
safety and cross-contamination of products. RSPA agrees that the
general provisions of Sec. 174.57, which require that all rail cars
must be cleaned when there is leakage of hazardous materials, should be
retained in order to assure proper cleaning of rail cars. However, RSPA
believes that retention of Sec. 174.57 makes Secs. 174.515 and 174.615
redundant and, therefore, is removing these two sections from the HMR.
Sec. 174.840 Special loading and handling requirements for
asbestos./ Sec. 175.640 Special requirements for Class 9 (miscellaneous
hazardous) material./ Sec. 176.906 Stowage and handling of asbestos./
Sec. 177.844 Class 9 (miscellaneous hazardous) materials. These
sections prescribe requirements for minimization of occupational
exposure to asbestos. RSPA proposed to eliminate these sections because
it believes that other Federal regulations more than adequately address
occupational exposures to workers. Commenters requested that RSPA
retain these sections and stated that RSPA is required by Congress to
promulgate regulations for the safe transportation of hazardous
materials, including the loading, unloading and storage incidental
thereto. One commenter stated that ``it is inappropriate for RSPA to
withdraw its jurisdiction simply because another Federal agency
regulation infringes on RSPA's area of responsibility.'' RSPA continues
to believe that other Federal regulations more than appropriately
address occupational exposures to workers. Therefore, there is no need
for RSPA to maintain these additional requirements and RSPA is removing
these sections from the HMR.
[[Page 18929]]
Part 176
Sec. 176.79 Spaces exposed to carbon monoxide or other hazardous
vapors. This section prescribes occupational requirements for personnel
exposed to carbon monoxide vapors. In the NPRM, RSPA stated that the
provisions of Sec. 176.79 are governed under 46 CFR Part 97. A
commenter stated that 46 CFR Part 97 only applies to inspected vessels,
i.e., those vessels required to be issued certificates of inspection
under the provisions of 46 U.S.C., and not vessels of foreign nations.
Therefore, the commenter stated that personnel on non-inspected and
foreign vessels, which constitute the vast majority of vessels carrying
hazardous materials in the U.S. waters, would not be afforded any
protection from carbon monoxide vapors.
RSPA acknowledges that the requirements in 46 CFR Part 97 only
apply to inspected vessels, but it is inappropriate to regulate under
the HMR worker protection from carbon monoxide vapors being emitted
from trucks or other mechanized equipment used aboard vessels. This
issue is not unique to hazardous materials transportation. Therefore,
RSPA is removing this section from the HMR.
Part 177
Sec. 177.811 Astray shipments. This section prescribes
requirements for a package that has lost its label. The section states
that a carrier must place a FLAMMABLE LIQUID label on a package that
has lost its label. RSPA is removing the requirements of Sec. 177.811
because current industry practices and compliance with Part 172 of the
HMR (e.g., proper shipping name and identification number markings on
packages) make it very unlikely that a carrier will have ``no
knowledge'' of the contents of a package of hazardous materials.
Sec. 177.813 Inefficient containers. This section states that
experience gained on damaged packages must be recorded by the Bureau of
Explosives (BOE) to determine if a packaging should be prohibited from
use. This action is no longer taken by the BOE; therefore, this section
is removed.
Sec. 177.823 Marking and placarding of motor vehicles. RSPA
received comments concerning the proposed removal of provisions for
transportation of leaking cargo tanks in part 177. Several commenters
stated that relocating the provisions for transportation of leaking
cargo tanks from Sec. 177.856 to Sec. 177.823 would cause confusion
since the heading of this section refers to marking and placarding of
motor vehicles. RSPA is relocating the provisions for leaking cargo
tanks from Sec. 177.856 to Sec. 177.823. However, in order to eliminate
any confusion, RSPA is revising the heading of Sec. 177.823 to read
``Movement of motor vehicles in emergency situations.''
Sec. 177.837(a) Class 3 (flammable) liquid materials. Paragraph
(a) of this section requires that the engine of a motor vehicle must be
turned off when the vehicle is being loaded with Class 3 materials.
RSPA proposed to remove this restriction because it is no longer
necessary and often not practical, especially for application to diesel
engines during cold weather. Two commenters requested that RSPA retain
the requirements stating that an operating motor vehicle engine
represents an ignition source. Commenters also stated that National
Fire Protection Standards require that the motor of a cargo tank motor
vehicle be shut down throughout the transfer operations of flammable
liquids. Two commenters supported the proposal and stated that it is
very difficult to restart a diesel engine if it becomes too cold and
keeping the engine running could facilitate the removal of the trailer
in the event of an emergency.
The provision in paragraph (a) of Sec. 177.837 applies to all motor
vehicles loading or unloading flammable liquids including those
transporting non-bulk packages, not just to cargo tank motor vehicles.
Based on this broad application, RSPA believes that it is not necessary
to shut off the engine of all motor vehicles loading or unloading non-
bulk packages of flammable liquids. However, RSPA agrees with those
commenters who stated that the engines of cargo tank motor vehicles
carrying Class 3 material should be shut off during loading/unloading
operations. Accordingly, RSPA is not removing paragraph (a) but is
revising it so that it only applies to cargo tank motor vehicles.
Sec. 177.838 Class 4 materials, Class 5 and Division 4.2
materials. Section 177.838(d) prescribes requirements for ``loose or
baled nitrate of soda bags'' and Sec. 177.838(e) prescribes blocking
and bracing requirements for ``strike-anywhere matches''. RSPA is
removing Sec. 177.838(d) because ``loose or baled nitrate of soda
bags'' are no longer routinely transported and, therefore, it is
unnecessary. RSPA is removing Sec. 177.838(e) because these modal
operational requirements are no longer necessary based on current
packaging requirements for strike-anywhere matches.
Sec. 177.853 Transportation and delivery of shipments. RSPA
proposed to remove paragraphs (b) and (c) of this section which
prescribe general requirements on the movement of hazardous materials.
The provisions of paragraph (a) were proposed to be moved to
Sec. 177.800. Two commenters stated that it is premature to remove
paragraphs (b) and (c) until RSPA determines when transportation begins
and ends. RSPA believes that removing paragraphs (b) and (c) does not
impinge on its ability to determine the definition of ``in
transportation.'' The provisions found in paragraphs (b) and (c)
address areas that should be handled through responsible business
practices and not regulatory requirements.
Sec. 177.855 Accidents; Class 1 (explosive) materials./
Sec. 177.856 Accidents; Class 3 (flammable liquid) materials./
Sec. 177.857 Accidents; Class 4 (flammable solid) and Class 5
(oxidizing) materials./Sec. 177.858 Accidents; Class 8 (corrosive)
materials./Sec. 177.859 Accidents; Class 2 (gases) materials./
Sec. 177.860 Accidents or leakage; Division 6.1 (poisonous) or Division
2.3 (poisonous gas) materials./Sec. 177.861 Accidents; Class 7
(radioactive) materials. These sections prescribe general guidance on
emergency response activities. RSPA proposed to remove these sections
because of the addition of the emergency response provisions in Part
172. Several commenters requested that RSPA retain these sections
because these provisions should be in addition to, and not in lieu of,
the emergency response information of Part 172. One commenter stated
that in order to protect the hazardous materials industry from
intrusion from other Federal and State agencies into the area of
hazardous materials transportation, RSPA should retain these sections.
One commenter, who agreed with RSPA's proposal to remove these
sections, stated that responders probably do not use the provisions in
these sections in an emergency situation.
RSPA disagrees with commenters who stated that these sections
should be retained in order to keep other Federal and State agencies
from regulating the actions to be taken in the event of a
transportation-related incident involving hazardous materials. RSPA
continues to believe that these sections may not provide appropriate
required actions to protect the public or the environment. The
emergency response information required to be carried with hazardous
materials is a much better source of information relative to the
initial mitigation actions to be taken. Most of these sections were
written prior to current standards addressing emergency response
operations. The
[[Page 18930]]
means and mechanisms of responding to hazardous materials incidents
have evolved greatly since these sections were introduced into the HMR.
The Environmental Protection Agency and the Occupational Safety and
Health Administration have regulations addressing environmental clean-
up and emergency response operations and have expertise in this area.
Fire departments and other emergency response organizations are better
equipped and trained to handle hazardous materials transportation
incidents. In addition, these sections apply to motor carriers only.
They do not apply to the emergency responders, other than motor carrier
personnel, who are called upon to respond to hazardous materials
transportation incidents. Based on the foregoing, RSPA is removing the
accident mitigation provisions in Secs. 177.855-177.861 from the HMR.
D. Duplicative Sections
The following is a listing of those sections that are removed from
the HMR because they are duplicative or refer the reader to a section
of general applicability. In removing the sections listed below, RSPA
believes that no substantive regulatory requirements are being removed.
For example, RSPA is removing Secs. 174.480 and 174.580 because these
requirements are already covered under Sec. 174.680. Several commenters
were confused by RSPA's proposal to remove some of these sections and
believed that RSPA was actually removing regulatory requirements. This
is not the case. RSPA is merely consolidating provisions of the HMR to
make a smaller and less burdensome set of regulations.
List of Affected Sections
171.13 Emergency regulations.
173.314(h) Requirements for compressed gases in tank car tanks.
173.444 Labeling requirements.
173.446 Placarding requirements.
173.463 Packaging and shielding-testing for integrity.
174.7 Compliance and training.
174.12 Intermediate shippers and carriers.
174.45 Reporting hazardous materials incidents.
174.69 Removal of placards and car certifications after unloading.
174.100 Forbidden Class 1 (explosive) materials.
174.208 Rail cars, truck bodies, or trailers with fumigated or treated
lading.
174.380 Class 3 (flammable liquid) materials, with a subsidiary hazard
of Division 6.1 (poisonous) materials, with foodstuffs.
174.430 Special handling requirements for Division 4.2 (pyroforic
liquid) materials.
174.480 Class 4 (flammable solid) materials, with a subsidiary hazard
of Division 6.1 (poisonous) materials, with foodstuffs.
174.580 Division 5.1 (oxidizer) materials, with a subsidiary hazard of
Division 6.1 (poisonous materials), with foodstuffs.
174.615 Cleaning cars.
174.800 Special handling requirements for Class 8 (corrosive)
materials.
174.810 Special handling requirements for wet electric storage
batteries.
175.45 Reporting hazardous materials incidents. (With applicable
change to Sec. 171.15 and 171.16)
176.76 (f), (g)(1),(4) Transport vehicles, freight containers, and
portable tanks containing hazardous materials.
176.78(g), (4),(5) Use of powered-operated industrial trucks on board
vessels.
176.331 Transportation of Class 3 (flammable) liquids with foodstuffs.
176.419 Class 4 (flammable solids) or Class 5 (oxidizers and organic
peroxides) materials transported with foodstuffs.
176.800 General stowage requirements. (last sentence)
177.803 Export and import shipments by domestic carriers by motor
vehicles.
177.805 Canadian shipments and packagings.
177.806 U.S. Government material.
177.807 Reporting hazardous materials incidents.
177.808 Connecting carrier shipments.
177.809 Carrier's material and supplies.
177.812 Containers required.
177.814 Retention of cargo tank motor vehicle manufacturer's
certificate, maintenance and other reports.
177.821(c) (d)(f) Hazardous materials forbidden or limited for
transportation.
177.825 Routing and training requirements for Class 7 (radioactive)
materials.
177.836 Nonexplosive material.
178.346-3 Structural integrity.
178.346-4 Joints.
178.346-5 Manhole assemblies.
178.346-6 Supports and anchoring.
178.346-7 Circumferential reinforcement.
178.346-8 Accident damage protection.
178.346-9 Pumps, piping, hoses and connections.
178.346-12 Gauging devices.
178.346-14 Marking.
178.346-15 Certification.
178.347-3 Structural integrity.
178.347-4 Joints.
178.347-6 Supports and anchoring.
178.347-7 Circumferential reinforcement.
178.347-8 Accident damage protection.
178.347-9 Pumps, piping, hoses and connections.
178.347-11 Outlets.
178.347-12 Gauging devices.
178.347-14 Marking.
178.347-15 Certification.
178.348-3 Structural Integrity.
178.348-4 Joints.
178.348-5 Manhole assemblies.
178.348-6 Supports and anchoring.
178.348-7 Circumferential reinforcement.
178.348-8 Accident Damage Protection.
178.348-11 Outlets.
178.348-12 Gauging devices.
178.348-14 Marking.
178.348-15 Certification.
179.100-2 Approval.
179.100-5 Bursting pressure.
179.100-11 Tank mounting.
179.100-22 Certificate of construction.
179.104 Special requirements for spec. 105A200-F tank car tanks.
179.104-1 Tanks built under these specifications must meet the
requirements of Secs. 179.100, 179.101, and when applicable
Secs. 179.102 and 179.104.
179.104-2 Type.
179.104-3 Tank mounting.
179.104-4 Welding.
179.106 [Reserved]
179.200-2 Approval.
179.200-5 Bursting pressure.
179.200-12 Tank mounting. See Sec. 179.10.
179.200-20 Interior heater systems.
179.200-26 Certificate of construction.
179.202--179.202-22 [Reserved]
179.220-2 Approval.
179.220-5 Bursting pressure.
179.220-12 Tank mounting.
179.220-21 Interior heating systems.
179.220-27 Certificate of construction.
179.300-2 Approval.
179.300-5 Bursting pressure.
179.300-11 Tank mounting.
179.400-2 Approval.
179.400-6(a) Bursting and buckling pressure.
179.400-26 Certificate of construction.
179.500-2 Approval.
179.500-9 Tank mounting.
III. Regulatory Analyses and Notices
Executive Order 12866 and DOT Regulatory Policies and Procedures
This final rule is not considered a significant regulatory action
under
[[Page 18931]]
section 3(f) of Executive Order 12866 and was not reviewed by the
Office of Management and Budget. The rule is not considered significant
under the regulatory policies and procedures of the Department of
Transportation (44 FR 11034). The economic impact of this rule is
minimal to the extent that the preparation of a regulatory evaluation
is not warranted.
Executive Order 12612
This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 12612 (``Federalism''). The
Federal hazardous materials transportation law (49 U.S.C. 5101-5127)
contains an express preemption provision that preempts State, local,
and Indian tribe requirements on certain covered subjects. Covered
subjects are:
(i) the designation, description, and classification of hazardous
material;
(ii) the packing, repacking, handling, labeling, marking, and
placarding of hazardous material;
(iii) the preparation, execution, and use of shipping documents
pertaining to hazardous material and requirements respecting the
number, content, and placement of such documents;
(iv) the written notification, recording, and reporting of the
unintentional release in transportation of hazardous material; and
(v) the design, manufacturing, fabrication, marking, maintenance,
reconditioning, repairing, or testing of a package or container which
is represented, marked, certified, or sold as qualified for use in the
transportation of hazardous material.
Title 49 U.S.C. 5125(b)(2) provides that if DOT issues a regulation
concerning any of the covered subjects after November 16, 1990, DOT
must determine and publish in the Federal Register the effective date
of Federal preemption. That effective date may not be earlier than the
90th day following the date of issuance of the final rule and not later
than two years after the date of issuance. RSPA has determined the
effective date of Federal preemption for these requirements is October
1, 1996.
This final rule removes unnecessary, obsolete and duplicative
regulations governing the transportation of hazardous materials, and
does not have sufficient federalism impacts to warrant the preparation
of a federalism assessment.
Executive Order 12778
Any interested person may petition RSPA's Administrator for
reconsideration of this final rule within 30 days of publication of
this rule in the Federal Register, in accordance with the procedures
set forth at 49 CFR 106.35. Neither the filing of a petition for
reconsideration nor any other administrative proceeding is required
before the filing of a suit in court for review of this rule.
Regulatory Flexibility Act
I certify that this final rule will not have a significant economic
impact on a substantial number of small entities. This rule does not
impose any new requirements on persons subject to the HMR.
Paperwork Reduction Act
This final rule does not impose any new information collection
requirements.
Regulation Identifier Number (RIN)
A regulation identifier number (RIN) is assigned to each regulatory
action listed in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified Agenda in
April and October of each year. The RIN number contained in the heading
of this document can be used to cross-reference this action with the
Unified Agenda.
List of Subjects
49 CFR Part 107
Administrative practice and procedure, Hazardous materials
transportation, Packaging and containers, Penalties, Reporting and
recordkeeping requirements.
49 CFR Part 171
Exports, Hazardous materials transportation, Hazardous waste,
Imports, Reporting and recordkeeping requirements.
49 CFR Part 172
Hazardous materials transportation, Hazardous waste, Labeling,
Marking, Packaging and containers, Reporting and recordkeeping
requirements.
49 CFR Part 173
Hazardous materials transportation, Packaging and containers,
Radioactive materials, Reporting and recordkeeping requirements,
Uranium.
49 CFR Part 174
Hazardous materials transportation, Radioactive materials, Railroad
safety.
49 CFR Part 175
Air carriers, Hazardous materials transportation, Radioactive
materials, Reporting and recordkeeping requirements.
49 CFR Part 176
Hazardous materials transportation, Maritime carriers, Radioactive
materials, Reporting and recordkeeping requirements.
49 CFR Part 177
Hazardous materials transportation, Motor carriers, Radioactive
materials, Reporting and recordkeeping requirements.
49 CFR Part 178
Hazardous materials transportation, Packaging and containers,
Reporting and recordkeeping requirements.
49 CFR Part 179
Hazardous materials transportation, Railroad safety, Reporting and
recordkeeping requirements.
In consideration of the foregoing, 49 CFR parts 107, 171, 172, 173,
174, 175, 176, 177, 178, and 179 are amended to read as follows:
PART 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES
1. The authority citation for part 107 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127, 44701; 49 CFR 1.45, 1.53.
Sec. 107.111 [Amended]
2. In Sec. 107.111, paragraph (d) is removed and reserved.
Sec. 107.504 [Amended]
3. In Sec. 107.504(a) and (c), the phrase ``three years'' is
removed and replaced with the phrase ``six years'' each place it
appears.
PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS
4. The authority citation for part 171 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
Sec. 171.13 [Removed]
5. Section 171.13 is removed.
6. In Sec. 171.15, paragraph (b), the introductory text is revised
to read as follows:
Sec. 171.15 Immediate notice of certain hazardous materials incidents.
* * * * *
(b) Except for transportation by aircraft, each notice required by
paragraph (a) of this section shall be given to the Department by
telephone (toll-free) on 800-424-8802. Notice involving shipments
transported by aircraft must be given to the nearest FAA Civil Aviation
Security Office by telephone at the earliest practical
[[Page 18932]]
moment after each incident in place of the notice to the Department.
Notice involving etiologic agents may be given to the Director, Centers
for Disease Control, U.S. Public Health Service, Atlanta, Ga. (800)
232-0124, in place of the notice to the Department or (toll call) on
202-267-2675. Each notice must include the following information:
* * * * *
7. In Sec. 171.16, paragraph (b) is revised to read as follows:
Sec. 171.16 Detailed hazardous materials incident reports.
* * * * *
(b) Each carrier making a report under this section shall send the
report to the Information Systems Manager, DHM-63, Research and Special
Programs Administration, Department of Transportation, Washington, DC
20590-0001; and, for incidents involving transportation by aircraft, a
copy of the report shall also be sent to the FAA Civil Aviation
Security Office nearest the location of the incident. A copy of the
report shall be retained for a period of two years, at the carrier's
principal place of business, or at other places as authorized and
approved in writing by an agency of the Department of Transportation.
* * * * *
PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND
TRAINING REQUIREMENTS
8. The authority citation for part 172 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
9. In Sec. 172.101, paragraph (g) is revised to read as follows:
Sec. 172.101 Purpose and use of hazardous materials table.
* * * * *
(g) Column 6: Labels. Column 6 specifies codes which represent the
hazard warning labels required for a package filled with a material
conforming to the associated hazard class and proper shipping name,
unless the package is otherwise excepted from labeling by a provision
in subpart E of this part, or part 173 of this subchapter. The first
code is indicative of the primary hazard of the material. Additional
label codes are indicative of subsidiary hazards. Provisions in
Sec. 172.402 may require that a label other than that specified in
Column 6 be affixed to the package in addition to that specified in
Column 6. No label is required for a material classed as a combustible
liquid or for a Class 3 material that is reclassed as a combustible
liquid. The codes contained in Column 6 are defined according to the
following table:
Label Substitution Table
------------------------------------------------------------------------
Label code Label name
------------------------------------------------------------------------
1.................................. Explosive.
1.1 \1\............................ Explosive 1.1.\1\
1.2 \1\............................ Explosive 1.2.\1\
1.3 \1\............................ Explosive 1.3.\1\
1.4 \1\............................ Explosive 1.4.\1\
1.5 \1\............................ Explosive 1.5.\1\
1.6 \1\............................ Explosive 1.6.\1\
2.1................................ Flammable Gas.
2.2................................ Non-Flammable Gas.
2.3................................ Poison Gas.
3.................................. Flammable Liquid.
4.1................................ Flammable Solid.
4.2................................ Spontaneously Combustible.
4.3................................ Dangerous When Wet.
5.1................................ Oxidizer.
5.2................................ Organic Peroxide.
6.1 (I) \2\........................ Poison.
6.1 (II) \2\....................... Poison.
6.1 (III) \2\...................... Keep Away From Food.
6.2................................ Infectious Substance.
7.................................. Radioactive.
8.................................. Corrosive.
9.................................. Class 9.
------------------------------------------------------------------------
\1\ Refers to the appropriate compatibility group letter.
\2\ The packing group for a material is indicated in column 5 of the
table.
* * * * *
Sec. 172.101 [Amended]
10. In Sec. 172.101, the following changes are made to the
Hazardous Materials Table:
a. In Column (5), the heading is revised to read ``PG''.
b. For the entry ``Ethyl methyl ether'', in Column (8B), the
nonbulk packaging reference is revised to read ``201''.
c. In column (6) the heading is revised to read ``Label codes'',
and:
(1) The word ``EXPLOSIVE'' is removed in each place it appears;
(2) The words ``FLAMMABLE GAS'' are removed and replaced with
``2.1'' in each place they appear;
(3) The words ``NONFLAMMABLE GAS'' are removed and replaced with
``2.2'' in each place they appear;
(4) The words ``POISON GAS'' are removed and replaced with ``2.3''
in each place they appear;
(5) The words ``FLAMMABLE LIQUID'' are removed and replaced with
``3'' in each place they appear;
(6) The words ``FLAMMABLE SOLID'' are removed and replaced with
``4.1'' in each place they appear;
(7) The words ``SPONTANEOUSLY COMBUSTIBLE'' are removed and
replaced with ``4.2'' in each place they appear;
(8) The words ``DANGEROUS WHEN WET'' are removed and replaced with
``4.3'' in each place they appear;
(9) The word ``OXIDIZER'' is removed and replaced with ``5.1'' in
each place it appears;
(10) The words ``ORGANIC PEROXIDE'' are removed and replaced with
``5.2'' in each place they appear;
(11) The word ``POISON'' is removed and replaced with ``6.1'' in
each place it appears;
(12) The words ``KEEP AWAY FROM FOOD'' are removed and replaced
with ``6.1'' in each place they appear;
(13) The words ``INFECTIOUS SUBSTANCE'' are removed and replaced
with ``6.2'' in each place they appear;
(14) The word ``RADIOACTIVE'' is removed and replaced with ``7'' in
each place it appears;
(15) The word ``CORROSIVE'' is removed and replaced with ``8'' in
each place it appears;
(16) The word ``CLASS'' is removed in each place it appears; and
(17) For the entries ``Organic peroxide type B, liquid''; ``Organic
peroxide type B, liquid, temperature controlled''; ``Organic peroxide
type B, solid''; and ``Organic peroxide type B, solid, temperature
controlled'' the label entries are revised to read ``5.2, 1''.
Appendix A to Sec. 172.101--[Amended]
11. In Appendix A to Sec. 172.101, in ``Table 1--Hazardous
Substances Other Than Radionuclides'', the second column, ``Synonyms'',
is removed.
Sec. 172.201 [Amended]
12. In Sec. 172.201, paragraph (b) is removed and reserved.
13. In Sec. 172.203, paragraph (i)(4) is added to read as follows:
Sec. 172.203 Additional description requirements.
* * * * *
(i) * * *
(4) The name of the shipper.
* * * * *
PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND
PACKAGINGS
14. The authority citation for part 173 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
Sec. 173.11, Sec. 173.324, Sec. 173.444, Sec. 173.446, Sec. 173.451,
Sec. 173.463, Sec. 173.477, Sec. 173.478 [Removed]
15. Sections 173.11, 173.324, 173.444, 173.446, 173.451, 173.463,
173.477 and 173.478 are removed.
[[Page 18933]]
Sec. 173.314 [Amended]
16. In Sec. 173.314, paragraph (h) is removed and reserved.
Sec. 173.453 [Amended]
17. In the introductory text of Sec. 173.453, the wording
``Secs. 173.451 through'' is revised to read ``Secs. 173.457 and''.
PART 174--CARRIAGE BY RAIL
18. The authority citation for part 174 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
Sec. 174.7, Sec. 174.12, Sec. 174.33, Sec. 174.45, Sec. 174.69,
Sec. 174.100, Sec. 174.107, Sec. 174.109, Sec. 174.208, Sec. 174.280,
Sec. 174.380 [Removed]
Subpart H (Secs. 174.410-174.480)--[Removed]
Subpart I (Secs. 174.510-174.580)--[Removed]
Subpart L (Secs. 174.800 and 174.810)--[Removed]
Subpart M (Sec. 174.840)--[Removed]
19. Sections 174.7, 174.12, 174.33, 174.45, 174.69, 174.100,
174.107, 174.109, 174.208, 174.280, 174.380, Subpart H consisting of
Secs. 174.410, 174.430, 174.450, and 174.480, Subpart I consisting of
Secs. 174.510, 174.515, and 174.580, Subpart L consisting of
Secs. 174.800, and 174.810, and Subpart M consisting of Sec. 174.840
are removed.
Sec. 174.615 [Amended]
20. In Sec. 174.615, paragraph (a) is removed and reserved.
PART 175--CARRIAGE BY AIRCRAFT
21. The authority citation for part 175 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
Sec. 175.45 and Sec. 175.640 [Removed]
22. Sections 175.45 and 175.640 are removed.
PART 176--CARRIAGE BY VESSEL
23. The authority citation for part 176 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
Sec. 176.33, Sec. 176.79, Sec. 176.331, Sec. 176.419,
Sec. 176.906 [Removed]
24. Sections 176.33, 176.79, 176.331, 176.419, and 176.906 are
removed.
Sec. 176.76 [Amended]
25. In Sec. 176.76, paragraphs (f), (g)(1) and (g)(4) are removed,
introductory text of paragraph (g) is redesignated as paragraph (f)
introductory text, and paragraphs (g)(2), (g)(3), and (g)(5) are
redesignated as paragraphs (f)(1), (f)(2), and (f)(3), respectively and
paragraphs (h) and (i) are redesignated as paragraphs (g) and (h),
respectively.
Sec. 176.78 [Amended]
26. In Sec. 176.78, paragraphs (g)(4) and (g)(5) are removed and
reserved.
27. In Sec. 176.800, paragraph (a) is revised to read as follows:
Sec. 176.800 General stowage requirements.
(a) Each package required to have a Class 8 (corrosive) label
thereon being transported on a vessel must be stowed clear of living
quarters, and away from foodstuffs and cargo of an organic nature.
* * * * *
PART 177--CARRIAGE BY PUBLIC HIGHWAY
28. The authority citation for part 177 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
29. In Sec. 177.800, paragraph (d) is added to read as follows:
Sec. 177.800 Purpose and scope of this part and responsibility for
compliance and training.
* * * * *
(d) No unnecessary delay in movement of shipments. All shipments of
hazardous materials must be transported without unnecessary delay, from
and including the time of commencement of the loading of the hazardous
material until its final unloading at destination.
Sec. 177.803, Sec. 177.805, Sec. 177.806, Sec. 177.807, Sec. 177.808,
Sec. 177.809, Sec. 177.811, Sec. 177.812, Sec. 177.813, Sec. 177.814,
Sec. 177.815, Sec. 177.825, Sec. 177.826, Sec. 177.836, Sec. 177.844,
Sec. 177.853, Sec. 177.855, Sec. 177.856, Sec. 177.857, Sec. 177.858,
Sec. 177.859, Sec. 177.860, Sec. 177.861 [Removed]
30. Sections 177.803, 177.805, 177.806, 177.807, 177.808, 177.809,
177.811, 177.812, 177.813, 177.814, 177.815, 177.825, 177.826, 177.836,
177.844, 177.853, 177.855, 177.856, 177.857, 177.858, 177.859, 177.860,
and 177.861 are removed.
Sec. 177.821 [Amended]
31. In Sec. 177.821, paragraphs (c), (d), (e), and (f) are removed.
32. In Sec. 177.823, the section heading is revised and new
paragraphs (b) and (c) are added to read as follows:
Sec. 177.823 Movement of motor vehicles in emergency situations.
* * * * *
(b) Disposition of contents of cargo tank when unsafe to continue.
In the event of a leak in a cargo tank of such a character as to make
further transportation unsafe, the leaking vehicle should be removed
from the traveled portion of the highway and every available means
employed for the safe disposal of the leaking material by preventing,
so far as practicable, its spread over a wide area, such as by digging
trenches to drain to a hole or depression in the ground, diverting the
liquid away from streams or sewers if possible, or catching the liquid
in containers if practicable. Smoking, and any other source of
ignition, in the vicinity of a leaking cargo tank is not permitted.
(c) Movement of leaking cargo tanks. A leaking cargo tank may be
transported only the minimum distance necessary to reach a place where
the contents of the tank or compartment may be disposed of safely.
Every available means must be utilized to prevent the leakage or
spillage of the liquid upon the highway.
33. In Sec. 177.837, paragraph (a) is revised to read as follows:
Sec. 177.837 Class 3 (flammable liquid) materials.
* * * * *
(a) Engine stopped. Unless the engine of a cargo tank motor vehicle
is to be used for the operation of a pump, no Class 3 material shall be
loaded into, or on, or unloaded from any cargo tank motor vehicle while
the engine is running.
* * * * *
Sec. 177.838 [Amended]
34. In Sec. 177.838, paragraphs (d) and (e) are removed and
reserved.
PART 178--SPECIFICATIONS FOR PACKAGINGS
35. The authority citation for part 178 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
Sec. 178.346-3, Sec. 178.346-4, Sec. 178.346-5, Sec. 178.346-6,
Sec. 178.346-7, Sec. 178.346-8, Sec. 178.346-9, Sec. 178.346-12,
Sec. 178.346-14, Sec. 178.346-15, Sec. 178.347-3, Sec. 178.347-4,
Sec. 178.347-6, Sec. 178.347-7, Sec. 178.347-8, Sec. 178.347-9,
Sec. 178.347-11, Sec. 178.347-12, Sec. 178.347-14, Sec. 178.347-15,
Sec. 178.348-3, Sec. 178.348-4, Sec. 178.348-5, Sec. 178.348-6,
Sec. 178.348-7, Sec. 178.348-8, Sec. 178.348-11, Sec. 178.348-12,
Sec. 178.348-14, Sec. 178.348-15 [Removed]
36. Sections 178.346-3, 178.346-4, 178.346-5, 178.346-6, 178.346-7,
178.346-8, 178.346-9, 178.346-12, 178.346-14, 178.346-15, 178.347-3,
178.347-4, 178.347-6, 178.347-7, 178.347-8, 178.347-9, 178.347-11,
[[Page 18934]]
178.347-12, 178.347-14, 178.347-15, 178.348-3, 178.348-4, 178.348-5,
178.348-6, 178.348-7, 178.348-8, 178.348-11, 178.348-12, 178.348-14,
and 178.348-15 are removed.
Subpart J--[Amended]
37. In subpart J, Sec. 178.346-10, Sec. 178.346-11, and
Sec. 178.346-13 are redesignated as Sec. 178.346-3 through
Sec. 178.346-5, respectively; Secs. 178.347-5, 178.347-10, and 178.347-
13 are redesignated as Secs. 178.347-3 through 178.347-5, respectively;
and Secs. 178.348-9, 178.348-10, and 178.348-13 are redesignated as
Secs. 178.348-3 through 178.348-5, respectively.
PART 179--SPECIFICATIONS FOR TANK CARS
38. The authority citation for part 179 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
Sec. 179.100-2, Sec. 179.100-5, Sec. 179.100-11, Sec. 179.100-22,
Sec. 179.104, Sec. 179.104-1, Sec. 179.104-2, Sec. 179.104-3,
Sec. 179.104-4, Sec. 179.106-179.106-4, Sec. 179.200-2, Sec. 179.200-5,
Sec. 179.200-12, Sec. 179.200-20, Sec. 179.200-26, Sec. 179.202-
179.202-22, Sec. 179.220-2, Sec. 179.220-5, Sec. 179.220-12,
Sec. 179.220-21, Sec. 179.220-27, Sec. 179.300-2, Sec. 179.300-5,
Sec. 179.300-11, Sec. 179.400-2, Sec. 179.400-26, Sec. 179.500-2,
Sec. 179.500-9 [Removed]
39. Sections 179.100-2, 179.100-5, 179.100-11, 179.100-22, 179.104,
179.104-1, 179.104-2, 179.104-3, 179.104-4, 179.106-- 179.106-4,
179.200-2, 179.200-5, 179.200-12, 179.200-20, 179.200-26, 179.202--
179.202-22, 179.220-2, 179.220-5, 179.220-12, 179.220-21, 179.220-27,
179.300-2, 179.300-5, 179.300-11, 179.400-2, 179.400-26, 179.500-2, and
179.500-9 are removed.
Sec. 179.400-6 [Amended]
40. In Sec. 179.400-6, paragraph (a) is removed and reserved.
Issued in Washington, DC on April 1, 1996, under authority
delegated in 49 CFR part 1.
Rose A. McMurray,
Acting Deputy Administrator.
[FR Doc. 96-9555 Filed 4-26-96; 8:45 am]
BILLING CODE 4910-60-P
Complete official Federal Register PDF
FR Doc. 96-9336 Airworthiness Directives; Airbus Model A300 Series Airplanes (Excluding Model A300 B4-600 and Model A300 F4-600 Series Airplanes)
[Federal Register Volume 61, Number 83 (Monday, April 29, 1996)]
[Rules and Regulations]
[Pages 18661-18665]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9336]
========================================================================
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
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========================================================================
Federal Register / Vol. 61, No. 83 / Monday, April 29, 1996 / Rules
and Regulations
[[Page 18661]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 94-NM-246-AD; Amendment 39-9574; AD 96-08-08]
Airworthiness Directives; Airbus Model A300 Series Airplanes
(Excluding Model A300 B4-600 and Model A300 F4-600 Series Airplanes)
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This amendment supersedes an existing airworthiness directive
(AD), applicable to all Airbus Model A300 series airplanes (excluding
Model A300 B4-600 series airplanes), that currently requires certain
structural inspections and modifications. This amendment requires
additional structural inspections and modifications that have been
identified as necessary to ensure the structural integrity of these
airplanes as they approach their economic design goal. This amendment
also excludes additional airplanes from the applicability of the AD.
The actions specified by this AD are intended to prevent degradation of
the structural capability of the affected airplanes.
DATES: Effective May 29, 1996. -
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of May 29, 1996.
The incorporation by reference of certain other publications listed
in the regulations was approved previously by the Director of the
Federal Register as of April 13, 1992 (57 FR 8257, March 3, 1992).
ADDRESSES: The service information referenced in this AD may be
obtained from Airbus Industrie, 1 Rond Point Maurice Bellonte, 31707
Blagnac Cedex, France. This information may be examined at the Federal
Aviation Administration (FAA), Transport Airplane Directorate, Rules
Docket, 1601 Lind Avenue SW., Renton, Washington; or at the Office of
the Federal Register, 800 North Capitol Street NW., suite 700,
Washington, DC.
FOR FURTHER INFORMATION CONTACT: Phil Forde, Aerospace Engineer,
Standardization Branch, ANM-113, FAA, Transport Airplane Directorate,
1601 Lind Avenue SW., Renton, Washington 98055-4056; telephone (206)
227-2146; fax (206) 227-1149.
SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal
Aviation Regulations (14 CFR part 39) by superseding AD 92-02-09,
amendment 39-8145 (57 FR 8257, March 9, 1992), which is applicable to
all Airbus Model A300 series airplanes (excluding Model A300 B4-600
series airplanes), was published in the Federal Register on January 22,
1996 (61 FR 1528). The action proposed to continue to require certain
structural inspections and modifications specified in AD 92-02-09, and
to require other additional structural inspections and modifications,
as well.
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
the comments received.
The commenters support the proposed rule.
Since the issuance of the proposed rule, the Direction Generale de
l'Aviation Civile (DGAC), which is the airworthiness authority for
France, has notified the FAA that it has revised the French
airworthiness directive (CN) that was parallel in its requirements to
those of the notice for this AD rulemaking action. The revised CN is CN
90-22-116(B)R2, dated July 6, 1994; it was issued to exclude Airbus
Model A300 C4-600 and A300 F4-600 series airplanes from the list of
airplanes subject to the requirements of that CN.
The FAA has examined the findings of the DGAC, reviewed all
available information, and determined that similar action is necessary
for products of this type design that are certificated for operation in
the United States. Accordingly, the final rule for this AD action has
been revised to exclude the Model A300 F4-600 series airplanes from the
applicability of the rule. (Model A300 C4-600 series airplanes are not
typed certificated for operation in the U.S.; therefore, the FAA finds
that no change to the final rule is necessary to exclude those
airplanes from the applicability of the AD.)
The revised French CN also specifies the latest revisions of
various referenced service bulletins. These latest revisions were cited
correctly in the proposed rule. Therefore, no change to the final rule
is necessary in this regard.
The date of issuance for Revision 2 of Airbus Service Bulletin
A300-53-196 was specified incorrectly in paragraph (a)(5) of the
proposed rule. That paragraph of the final rule has been revised to
specify the correct date of March 17, 1994. Additionally, that
paragraph has been revised to indicate that Service Bulletin Change
Notice 1.A. amends Revision 1 of the service bulletin, rather than
Revision 2.
After careful review of the available data, including the comments
noted above, the FAA has determined that air safety and the public
interest require the adoption of the rule with the changes previously
described. The FAA has determined that these changes will neither
increase the economic burden on any operator nor increase the scope of
the AD.
There are approximately 4 Model A300 series airplanes of U.S.
registry that will be affected by this proposed AD.
The recurring inspections, which were required by AD 92-02-09 and
continue to be required by this AD, take approximately 196 work hours
per airplane to accomplish, at an average labor rate of $60 per work
hour. Required parts cost approximately $2,000. Based on these figures,
the cost impact on U.S. operators of the recurring inspections is
estimated to be $13,760 per airplane, or $55,040 for the affected U.S.
fleet.
The new recurring inspection procedures that are added by this new
AD will take approximately 196 additional work hours per airplane to
accomplish, at an average labor rate of $60 per work hour. Required
parts will cost approximately $2,000. Based on these figures, the added
recurring inspection cost impact of this AD on U.S. operators is
estimated to be $13,760 per airplane, or $55,040 for the affected U.S.
fleet.
The modifications required by AD 92-02-09, which continue to be
required by
[[Page 18662]]
this AD, take approximately 316 work hours per airplane to accomplish,
at an average labor rate of $60 per work hour. The cost for required
parts is $72,000. Based on these figures, the cost impact of this
modification on U.S. operators is estimated to be $90,960 per airplane,
or $363,840 for the affected U.S. fleet.
The modifications that are added by this new AD action will require
approximately 1,599 additional work hours per airplane to accomplish,
at an average labor rate of $60 per work hour. The cost for required
parts is $145,000. Based on these figures, the added modification cost
impact of this AD on U.S. operators is estimated to be $240,940 per
airplane, or $963,760 for the affected U.S. fleet.
Based on the figures discussed above, the cost impact of all of the
requirements of this AD is estimated to be $418,880 for the recurring
inspections and modifications required by AD 92-02-09, plus $1,018,800
for the additional inspections and modifications required by this AD.
These cost impact figures assume that no operator has yet accomplished
any of the requirements of this AD. However, it can be reasonably
assumed that the majority of affected operators have already initiated
the inspections and modifications required by AD 92-02-09, and many may
have already initiated the additional inspections and modifications
that are proposed by this new AD action.
The FAA recognizes that the obligation to maintain aircraft in an
airworthy condition is vital, but sometimes expensive. Because AD's
require specific actions to address specific unsafe conditions, they
appear to impose costs that would not otherwise be borne by operators.
However, because of the general obligation of operators to maintain
aircraft in an airworthy condition, this appearance is deceptive.
Attributing those costs solely to the issuance of this AD is
unrealistic because, in the interest of maintaining safe aircraft,
prudent operators would accomplish the required actions even if they
were not required to do so by the AD.
A full cost-benefit analysis has not been accomplished for this AD.
As a matter of law, in order to be airworthy, an aircraft must conform
to its type design and be in a condition for safe operation. The type
design is approved only after the FAA makes a determination that it
complies with all applicable airworthiness requirements. In adopting
and maintaining those requirements, the FAA has already made the
determination that they establish a level of safety that is cost-
beneficial. When the FAA, as in this AD, makes a finding of an unsafe
condition, this means that the original cost-beneficial level of safety
is no longer being achieved and that the required actions are necessary
to restore that level of safety. Because this level of safety has
already been determined to be cost-beneficial, a full cost-benefit
analysis for this AD would be redundant and unnecessary.
The regulations adopted herein will not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government. Therefore, in
accordance with Executive Order 12612, it is determined that this final
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
For the reasons discussed above, I certify that this action (1) is
not a ``significant regulatory action'' under Executive Order 12866;
(2) is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and (3) will not have a
significant economic impact, positive or negative, on a substantial
number of small entities under the criteria of the Regulatory
Flexibility Act. A final evaluation has been prepared for this action
and it is contained in the Rules Docket. A copy of it may be obtained
from the Rules Docket at the location provided under the caption
ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (14 CFR part 39) as follows:
PART 39--AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 USC 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by removing amendment 39-8145 (57 FR
8257, March 9, 1992), and by adding a new airworthiness directive (AD),
amendment 39-9574, to read as follows:
96-08-08 Airbus Industrie: Amendment 39-9574. Docket 94-NM-246-AD.
Supersedes AD 92-02-09, Amendment 39-8145.
Applicability: All Model A300 series airplanes, excluding Model
A300 B4-600 and Model A300 F4-600 series airplanes, certificated in
any category.
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
modified, altered, or repaired in the area subject to the
requirements of this AD. For airplanes that have been modified,
altered, or repaired so that the performance of the requirements of
this AD is affected, the owner/operator must request approval for an
alternative method of compliance in accordance with paragraph (d) of
this AD. The request should include an assessment of the effect of
the modification, alteration, or repair on the unsafe condition
addressed by this AD; and, if the unsafe condition has not been
eliminated, the request should include specific proposed actions to
address it.
Compliance: Required as indicated, unless accomplished
previously. -
To prevent degradation of the structural capability of the
airplane, accomplish the following:
(a) Accomplish the inspections and modifications contained in
the Airbus service bulletins listed below prior to or at the
thresholds identified in each of those service bulletins, or within
1,000 landings or 12 months after April 13, 1992 (the effective date
of AD 92-02-09, amendment 39-8145), whichever occurs later. Required
inspections shall be repeated thereafter at intervals not to exceed
those specified in the corresponding service bulletin for the
inspection. After the effective date of this AD, the actions shall
only be accomplished in accordance with the latest revision of the
service bulletins specified.
(1) Airbus Service Bulletin A300-53-103, Revision 4, dated June
30, 1983; or Revision 5, dated February 23, 1994;
(2) Airbus Service Bulletin A300-53-126, Revision 7, dated
November 11, 1990; or Revision 8, dated September 18, 1991;
(3) Airbus Service Bulletin A300-53-146, Revision 7, dated April
26, 1991;
Note 2: Airbus Service Bulletin A300-53-146 provides for a
compliance threshold of within 5 years after the date of issuance of
French airworthiness directive 90-222-116(B), issued on December 12,
1990, the accomplishment of which is required by AD 85-07-09,
amendment 39-5033.
(4) Airbus Service Bulletin A300-53-162, Revision 4, dated
November 12, 1990; or Revision 5, dated March 17, 1994;
(5) Airbus Service Bulletin A300-53-196, Revision 1, dated
November 12, 1990; as amended by Service Bulletin Change Notice
1.A., dated February 4, 1991, or Revision 2, dated March 17, 1994.
Note 3: Airbus Service Bulletin A300-53-196 provides for a
compliance threshold of within 6,000 landings after accomplishment
of Airbus Service Bulletin A300-53-194,
[[Page 18663]]
accomplishment of which is required by AD 87-04-12, amendment 39-
5536.
(6) Airbus Service Bulletin A300-53-225, Revision 2, dated May
30, 1990;
(7) Airbus Service Bulletin A300-53-226, Revision 4, dated
November 12, 1990; or Revision 5, dated September 7, 1991;
Note 4: Airbus Service Bulletin A300-53-226 provides for a
compliance threshold of within 5 years after the issuance of French
airworthiness directive 90-222-116(B), issued on December 12, 1990;
but not later than 20 years after first delivery; the accomplishment
of which is required by AD 90-03-08, amendment 39-6481.
(8) Airbus Service Bulletin A300-53-278, dated November 12,
1990; or Revision 1, dated March 17, 1994;
(9) Airbus Service Bulletin A300-54-045, Revision 4, dated
January 31, 1990; or Revision 6, dated February 25, 1994;
(10) Airbus Service Bulletin A300-54-060, Revision 2, dated
September 7, 1988, and Change Notice 2.A., dated February 13, 1990;
or Revision 3, dated February 25, 1994;
(11) Airbus Service Bulletin A300-54-063, Revision 1, dated
April 22, 1987, and Change Notice 1.A., dated February 13, 1990; or
Revision 2, dated February 25, 1994; and
(12) Airbus Service Bulletin A300-54-066, Revision 1, dated
February 15, 1989, and Change Notice 1.A., dated February 13, 1990;
or Revision 2, dated February 25, 1994.
(b) Accomplish the inspections and modifications contained in
the Airbus service bulletins listed below prior to or at the
thresholds identified in each of those service bulletins, or within
1,000 landings or 12 months after the effective date of this AD,
whichever occurs later. Required inspections shall be repeated
thereafter at intervals not to exceed those specified in the
corresponding service bulletin for the inspection.
(1) Airbus Service Bulletin A300-57-0194, Revision 2, including
Appendix 1, dated August 19, 1993;
Note 5: Airbus Service Bulletin A300-57-0194 provides for a
compliance threshold of prior to the accumulation of 36,000 landings
for Model A300 B2 series airplanes on which the modification
described in Airbus Service Bulletin A300-57-165 has not been
accomplished and for Model A300 B2 series airplanes on which that
modification has been accomplished prior to the accumulation of
24,000 landings on the airplane. Airbus Service Bulletin A300-57-
0194 also provides for a compliance threshold of prior to the
accumulation of 12,000 landings after the accomplishment of Airbus
Service Bulletin A300-57-165 (for Model A300 B2 series airplanes on
which the modification described in Airbus Service Bulletin A300-57-
165 has been accomplished on or after the accumulation of 24,000
landings on the airplane).
(2) Airbus Service Bulletin A300-57-166, Revision 3, including
Appendix 1, dated July 12, 1993;
(3) Airbus Service Bulletin A300-57-0167, Revision 1, including
Appendix 1, dated May 25, 1993;
(4) Airbus Service Bulletin A300-57-0168, Revision 3, including
Appendix 1, dated November 22, 1993;
(5) Airbus Service Bulletin A300-57-0180, Revision 1, dated
March 29, 1993;
(6) Airbus Service Bulletin A300-57-0185, Revision 1, including
Appendix 1, dated March 8, 1993; and
Note 6: The Airbus service bulletins specified in paragraphs
(b)(2), (b)(3), (b)(4), (b)(5), and (b)(6) of this AD provide for a
compliance threshold of prior to the accumulation of 36,000 landings
(for Model A300 B2 series airplanes); 30,000 landings (for Model
A300 B4-100 series airplanes); and 25,000 landings (for Model A300
B4-200 series airplanes) after the effective date of French
airworthiness directive 93-154-149(B), issued on September 15, 1993.
(7) Airbus Service Bulletin A300-54-0084, dated April 21, 1994.
(c) If any discrepant condition identified in any service
bulletin referenced in this AD is found during any inspection
required by this AD, prior to further flight, accomplish the
corresponding corrective action specified in the service bulletin.
(d) An alternative method of compliance or adjustment of the
compliance time that provides an acceptable level of safety may be
used if approved by the Manager, Standardization Branch, ANM-113,
FAA, Transport Airplane Directorate. Operators shall submit their
requests through an appropriate FAA Principal Maintenance Inspector,
who may add comments and then send it to the Manager,
Standardization Branch, ANM-113.
Note 7: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Standardization Branch, ANM-113.
(e) Special flight permits may be issued in accordance with
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the airplane to a location where
the requirements of this AD can be accomplished.-
(f) The actions shall be done in accordance with the Airbus
service bulletins listed in Tables 1 and 2 of this paragraph. The
incorporation by reference of the Airbus service bulletins listed in
Table 1 were approved previously by the Director of the Federal
Register, in accordance with 5 U.S.C. 552(a) and 1 CFR part 51, as
of April 13, 1992 (57 FR 8257, March 3, 1992).
Table 1
----------------------------------------------------------------------------------------------------------------
Airbus service bulletin No.- Revision level - Service bulletin date
----------------------------------------------------------------------------------------------------------------
A300-53-103-............................. 4-........................... June 30, 1983.
A300-53-12-.............................. 7-........................... November 11, 1990.
A300-53-146-............................. 7-........................... April 26, 1991.
A300-53-162 -............................ 4-........................... November 12, 1990.
A300-53-196-............................. 1-........................... November 12, 1990.
Service Bulletin Change Notice 1.A. to (Original)-.................. February 4, 1991.
A300-53-196-.
A300-53-225-............................. 2-........................... May 30, 1990.
A300-53-226-............................. 4-........................... November 12, 1990.
A300-53-226-............................. 5-........................... September 7, 1991.
A300-53-278-............................. (Original)-.................. November 12, 1990.
A300-54-045-............................. 4-........................... January 31, 1990.
A300-54-060-............................. 2-........................... September 7, 1988.
Change Notice 2.A., to A200-54-060 -..... (Original)-.................. February 13, 1990.
A300-54-063-............................. 1-........................... April 22, 1987.
Change Notice 1.A. to A300-54-063........ (Original)-.................. February 13, 1990.
A300-54-066-............................. 1-........................... February 15, 1989.
Change Notice 1.A. to A300-54-066........ (Original)-.................. February 13, 1990.
----------------------------------------------------------------------------------------------------------------
The incorporation by reference of the Airbus service bulletins
listed in Table 2 of this paragraph was approved by the Director of
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR
part 51.
[[Page 18664]]
Table 2
----------------------------------------------------------------------------------------------------------------
Revision level shown
Airbus service - bulletin and date Page No. - on page- Date shown on page
----------------------------------------------------------------------------------------------------------------
A300-53-103, Revision 5, February
23, 1994.
1, 2, 4-............ 5-................... February 23, 1994.
3-.................. 4-................... June 30, 1983.
5-36-............... 3-................... December 21, 1979.
A300-53-126, Revision 8, September
18, 1991.
1, 3-5, 7, 8, 10, 22 8.................... September 18, 1992.---
11-15............... 7.................... November 11, 1990.
-2.................. 6.................... October 3, 1989.
16, 21.............. 5.................... June 23, 1988.
6................... 3.................... February 23, 1983.
9, 19, 20........... 1.................... September 3, 1981.
17, 18.............. Original............. July 28, 1980.
A300-53-162, Revision 5, March 17,
1994.
1, 4................ 5.................... March 17, 1994.
2, 3, 10, 11........ 4--.................. November 12, 1990.
5, 6................ 3.................... May 16, 1983.
15.................. 2.................... September 17, 1981.
7-9, 12-14, 16-21... Original............. January 20, 1981.
A300-53-278, Revision 1, March 17,
1994.
-1, 3............... 1.................... March 17, 1994.
2, 4-15............. Original............. November 12, 1990.
A300-54-045, Revision 6, February
25, 1994.
1, 5, 15............ 6.................... February 25, 1994.
-2, 3, 6, 10-12..... 5.................... September 30, 1991.
4, 7-9, 13, 14, 16.. 4.................... January 31, 1990.
A300-54-060, Revision 3, February
25, 1994.
-1-3................ 3.................... February 25, 1994.
4-10, 13, 14, 17.... 2.................... September 7, 1988.
11, 12, 15, 16, 18.. Original............. May 11, 1987.
A300-54-063, Revision 2, February
25, 1994.
-1, 2............... 2.................... February 25, 1994. -
4, 5, 7, 8, 11, 1.................... April 22, 1987.
12,15-17.
3, 6, 9, 10, 13, 14- Original............. April 7, 1986.
A300-54-066, Revision 2, February
25, 1994.
-1, 4-8............. 2.................... February 25, 1994. -
2, 3, 9-10, 13, 22- 1.................... February 15, 1989.
24.
11-12, 14-21, 25-... Original............. November 17, 1987.
A300-57-0194, Revision 2,
(including Appendix 1), August
19, 1993.
-1-30; Appendix 2.................... August 19, 1993.
pages 1, 3, 8, 9,
10.
Appendix pages 2, 4, 1.................... June 2, 1993. -
5, 6, 7, 11 - -.
A300-57-166, Revision 3,
(including Appendix 1), July 12,
1993.
-1, 2, 5, 8, 10; 3.................... July 12, 1993.
Appendix pages 3, 4.
6, 7, 9, 13-28, 35; 2.................... March 8, 1993.
Appendix pages 1, 2
-.
3, 4, 11, 12, 29-34- 1.................... August 14, 1992.
A300-57-0167, Revision 1,
(including Appendix 1), May 25,
1993.
1-6, 8, 9, 11, 15, 1.................... May 25, 1993.
16, 19, 20, 23, 24,
27, 28, 31, 32;
Appendix pages 1-4.
7, 10, 12-14, 17, Original............. October 23, 1991. - -
18, 21, 22, 25, 26,
29, 30, 33.
A300-57-0168, Revision 3,
(including Appendix 1), November
22, 1993.
-1-5, 9, 10, 16, 20, 3.................... November 22, 1993.
24, 28, 33, 34, 36,
40-49; Appendix
pages 1-7.
6, 8, 11, 13-15, 17- 2.................... March 8, 1993.
19, 21-23, 25-27,
29-32, 35, 37-39.
7, 50-53............ 1.................... August 14, 1992.
12.................. Original............. October 24, 1991.
A300-57-0180, Revision 1, March
29, 1993.
1-12, 15-26......... 1.................... March 29, 1993.
-13, 14............. Original............. April 22, 1992.
A300-57-0185, Revision 1,
(including Appendix 1), March 8,
1993.
1, 2, 4, 5, 9, 10, 1.................... March 8, 1993.
22; Appendix pages
1, 2, 3.
3, 6-8, 11-21....... Original............. August 14, 1992.
A300-54-0084, April 21, 1994...... 1-15................ Original............. April 21, 1994.
----------------------------------------------------------------------------------------------------------------
[[Page 18665]]
Copies may be obtained from Airbus Industrie, 1 Rond Point
Maurice Bellonte, 31707 Blagnac Cedex, France. Copies may be
inspected at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue, SW., Renton, Washington; or at the Office of the Federal
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.
(g) This amendment becomes effective on May 29, 1996.
Issued in Renton, Washington, on April 10, 1996.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 96-9336 Filed 4-26-96; 8:45 am]
BILLING CODE 4910-13-P
Complete official Federal Register PDF
FR Doc. 96-10546 Animal Drugs, Feeds, and Related Products; Change of Sponsor
[Federal Register Volume 61, Number 83 (Monday, April 29, 1996)]
[Rules and Regulations]
[Pages 18671-18672]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10546]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
21 CFR Parts 510 and 522
Animal Drugs, Feeds, and Related Products; Change of Sponsor
-AGENCY: Food and Drug Administration, HHS.
-ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Food and Drug Administration (FDA) is amending the animal
drug regulations to reflect a change of sponsor for approved new animal
drug applications (NADA's) from Fisons plc, Pharmaceutical Division to
Alstoe, Ltd., Animal Health.
EFFECTIVE DATE: April 29, 1996.
FOR FURTHER INFORMATION CONTACT: Thomas J. McKay, Center for Veterinary
Medicine (HFV-102), Food and Drug Administration, 7500 Standish Pl.,
Rockville, MD 20855, 301-827-0213.
SUPPLEMENTARY INFORMATION: Fisons plc, Pharmaceutical Division, 12
Derby Rd., Loughborough, Leicestershire, LE11 OBB, England, has
informed the agency that it has transferred the ownership of, and all
rights and interests in, approved NADA's 99-667 (Iron Dextran Complex
Injection) and 110-399 (Gleptoferron Injection) to Alstoe, Ltd., Animal
Health, 19 Foxhill, Whissendine, Oakham, Rutland, U.K., because the
firm is no longer the sponsor of any approved NADA's. Accordingly, the
agency is amending the regulations in 21 CFR 510.600(c)(1) and (c)(2)
and the
[[Page 18672]]
drug labeler codes in 21 CFR 522.1055 and 522.1182 to reflect those
changes.
List of Subjects
21 CFR Part 510
Administrative practice and procedure, Animal drugs, Labeling,
Reporting and recordkeeping requirements.
21 CFR Part 522
Animal drugs.
Therefore, under the Federal Food, Drug, and Cosmetic Act and under
authority delegated to the Commissioner of Food and Drugs and
redelegated to the Center for Veterinary Medicine, 21 CFR parts 510 and
522 are amended as follows:
PART 510--NEW ANIMAL DRUGS
1. The authority citation for 21 CFR part 510 continues to read as
follows:
Authority: Secs. 201, 301, 501, 502, 503, 512, 701, 721 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321, 331, 351, 352,
353, 360b, 371, 379e).
2. Section 510.600 is amended in the table in paragraph (c)(1) by
removing the entry for ``Fisons, plc, Pharmaceutical Division'' and by
alphabetically adding a new entry for ``Alstoe, Ltd., Animal Health'',
and in the table in paragraph (c)(2) by removing the entry for
``012525'' and by numerically adding a new entry for ``062408'' to read
as follows:
Sec. 510.600 Names, addresses, and drug labeler codes of sponsors of
approved applications.
* * * * *
(c) * * *
(1) * * *
------------------------------------------------------------------------
Firm name and address----- Drug labeler code
------------------------------------------------------------------------
* * * *
* * *
Alstoe, Ltd., Animal Health, 19 062408
Foxhill, Whissendine, Oakham, Rutland,
U.K.
* * * *
* * *
------------------------------------------------------------------------
(2) * * *
------------------------------------------------------------------------
Drug labeler code--- Firm name and address
------------------------------------------------------------------------
* * * *
* * *
062408----............................. Alstoe, Ltd., Animal Health, 19
Foxhill, Whissendine, Oakham,
Rutland, U.K.
* * * *
* * *
------------------------------------------------------------------------
PART 522--IMPLANTATION OR INJECTABLE DOSAGE FORM NEW ANIMAL DRUGS
3. The authority citation for 21 CFR part 522 continues to read as
follows:
Authority: Sec. 512 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 360b).
Sec. 522.1055 [Amended]
4. Section 522.1055 Gleptoferron injection is amended in paragraph
(b) by removing ``012525'' and adding in its place ``062408''.
Sec. 522.1182 [Amended]
5. Section 522.1182 Iron dextran complex injection is amended in
paragraph (a)(4)(i) by removing ``012525'' and adding in its place
``062408''.
Dated: April 15, 1996.
Robert C. Livingston,
Director, Office of New Animal Drug Evaluation, Center for Veterinary
Medicine.
[FR Doc. 96-10546 Filed 4-26-96; 8:45 am]
BILLING CODE 4160-01-F
Complete official Federal Register PDF
FR Doc. 96-10541 Defense Federal Acquisition Regulation Supplement; Small Disadvantaged Business Concerns
[Federal Register Volume 61, Number 83 (Monday, April 29, 1996)]
[Rules and Regulations]
[Pages 18686-18689]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10541]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
48 CFR Parts 215, 219, 236, 242, 252, and 253
[DFARS Case 95-D039]
Defense Federal Acquisition Regulation Supplement; Small
Disadvantaged Business Concerns
AGENCY: Department of Defense (DoD).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Defense suspended the sections of the
Defense Federal Acquisition Regulation Supplement (DFARS) that
prescribe the set-aside of acquisitions for small disadvantaged
businesses (SDBs). The Department is issuing this final rule to
implement initiatives designed to limit the adverse impact of this
suspension. The efforts of a government-wide group
[[Page 18687]]
to reform affirmative action programs in procurement continue. This
action was reviewed by the Office of Management and Budget under
Executive Order 12866.
EFFECTIVE DATE: April 29, 1996.
FOR FURTHER INFORMATION CONTACT:
Ms. Susan Schneider, (703) 602-0131.
SUPPLEMENTARY INFORMATION:
A. Background
This final rule amends the Defense Federal Acquisition Regulation
Supplement (DFARS) to implement initiatives designed to facilitate
awards to SDBs while taking account of the Supreme Court's decision in
Adarand Constructors, Inc. v. Pena, 115 S.Ct. 2097 (1995). This DFARS
rule includes contracting procedures that: (1) expand the use of the
evaluation factor for SDBs to include competitive awards based on other
than price or price-related factors; (2) consider small, small
disadvantaged, and women-owned small business subcontracting as a
factor in the evaluation of past performance; (3) clarify that the
contracting officer will weigh enforceable commitments to use small
businesses, SDBs, women-owned small businesses, historically black
colleges and universities, and minority institutions more heavily than
non-enforceable ones, if the commitment to use such firms is included
in the solicitation as a source selection criterion; (4) require prime
contractors to notify the contracting officer of any substitutions of
firms that are not small, small disadvantaged, or women-owned small
businesses for the firms listed in the subcontracting plan; and (5)
establish a test program of an SDB evaluation preference that would
remove bond cost differentials between SDBs and other businesses as a
factor in most source selections for construction acquisitions.
A proposed rule was published in the Federal Register on December
14, 1995 (60 FR 64135), with a correction published on December 21,
1995 (60 FR 66246). DoD considered all comments received in response to
the proposed rule.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act applies. A final regulatory
flexibility analysis has been performed and is available by writing the
Defense Acquisition Regulations Council, PDUSD(A&T)DP(DAR), 3062
Defense Pentagon, Washington, DC 20301-3062.
C. Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (Pub. L. 104-13) applies. OMB
has approved the information collection requirement under OMB Control
Number 0704-0386.
List of Subjects in 48 CFR Parts 215, 219, 236, 242, 252, and 253
Government procurement.
Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council.
Therefore, 48 CFR Parts 215, 219, 236, 242, 252, and 253 are
amended as follows:
PART 215--CONTRACTING BY NEGOTIATION
1. The authority citation for 48 CFR Parts 215, 219, 236, 242, 252,
and 253 continues to read as follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
2. Section 215.605 is amended by revising the section title and
paragraphs (b)(ii)(B) and (b)(ii)(E), and by adding paragraph (b)(iv)
to read as follows:
215.605 Evaluation factors and subfactors.
(b) * * *
(ii) * * *
(B) The extent of commitment to use such firms (for example,
enforceable commitments are to be weighted more heavily than non-
enforceable ones);
* * * * *
(E) When not otherwise required by 215.608(a)(2), past performance
of the offerors in complying with requirements of the clause at FAR
52.219-8, Utilization of Small, Small Disadvantaged and Women-Owned
Small Business Concerns, and 52.219-9, Small, Small Disadvantaged and
Women-Owned Small Business Subcontracting Plan; and
* * * * *
(iv) When an evaluation includes the criterion in paragraph
(b)(ii)(A) of this section, the small, small disadvantaged, or women-
owned small businesses considered in the evaluation shall be listed in
any subcontracting plan submitted pursuant to FAR 52.219-9 to
facilitate compliance with 252.219-7003(g).
* * * * *
3. Section 215.608 is amended by redesignating existing paragraph
(a) as paragraph (a)(1) and by adding paragraph (a)(2) to read as
follows:
215.608 Proposal evaluation.
(a) * * *
(2) When a past performance evaluation is required by FAR 15.605,
and the solicitation includes the clause at FAR 52.219-8, Utilization
of Small, Small Disadvantaged and Women-Owned Small Business Concerns,
the evaluation shall include the past performance of offerors in
complying with requirements of that clause. When a past performance
evaluation is required by FAR 15.605, and the solicitation includes the
clause at FAR 52.219-9, Small, Small Disadvantaged and Women-Owned
Small Business Subcontracting Plan, the evaluation shall include the
past performance of offerors in complying with requirements of that
clause.
* * * * *
PART 219--SMALL BUSINESS PROGRAMS
4. The heading of Part 219 is revised to read as set forth above.
5. Section 219.704 is amended by adding paragraph (a)(4) to read as
follows:
219.704 Subcontracting plan requirements.
(a) * * *
(4) In those subcontracting plans which specifically identify
small, small disadvantaged, and women-owned small businesses, prime
contractors shall notify the administrative contracting officer of any
substitutions of firms that are not small, small disadvantaged, or
women-owned small businesses for the firms listed in the subcontracting
plan. Notifications shall be in writing and shall occur within a
reasonable period of time after award of the subcontract. Contractor-
specified formats shall be acceptable.
6. Section 219.1006 is amended by revising paragraph (b)(1)(B) to
read as follows:
219.1006 Procedures.
(b)(1) * * *
(B) The evaluation preference at 219.70 shall not be used. However,
note the test program at 219.72 for construction acquisitions.
* * * * *
7. Section 219.7001 is amended by revising paragraph (a) to read as
follows:
219.7001 Applicability.
(a) The evaluation preference shall be used in competitive
acquisitions except as provided in paragraph (b) of this section and in
219.1006(b)(1)(B).
* * * * *
8. Subpart 219.72 is added to read as follows:
[[Page 18688]]
Subpart 219.72--Evaluation Preference for Small Disadvantaged
Business (SDB) Concerns in Construction Acquisitions--Test Program
Sec.
219.7200 Policy.
219.7201 Administration of the test program.
219.7202 Applicability.
219.7203 Procedures.
219.7204 Contract clause.
219.72--Evaluation Preference for Small Disadvantaged Business
(SDB) Concerns in Construction Acquisitions--Test Program
219.7200 Policy.
DoD policy is to ensure that, during this test program, offers from
small disadvantaged business (SDB) concerns shall be given an
evaluation preference in construction acquisitions.
219.7201 Administration of the test program.
The test program will be conducted over a 36-month period. The test
program will be conducted by all DoD contracting activities that award
construction contracts. The focal point for the test program is the
Director, Small and Disadvantaged Business Utilization, Office of the
Under Secretary of Defense for Acquisition and Technology (Director,
SADBU). The military departments and defense agencies shall submit
status reports to the Director, SADBU. The first status report shall be
submitted 18 months after initiation of the test program; the second
status report shall be submitted 36 months after initiation of the test
program. These reports shall specify the impact of the evaluation
preference over each of the reporting periods of the test program, and
shall provide recommendations with respect to continuation and/or
modification of the evaluation preference.
219.7202 Applicability.
(a) The evaluation preference shall be used in competitive
acquisitions for construction (see definition in FAR Subpart 36.1) when
work is to be performed inside the United States, its territories or
possessions, Puerto Rico, the Trust Territory of the Pacific Islands,
or the District of Columbia.
(b) Do not use the evaluation preference in acquisitions which--
(1) Are less than or equal to the simplified acquisition threshold;
(2) Are set aside for small businesses; or
(3) Are awarded under section 8(a) procedures.
(c) The evaluation preference need not be applied when the head of
the contracting activity determines that the evaluation preference is
having a disproportionate impact on non-SDB concerns or
nondisadvantaged small business concerns.
219.7203 Procedures.
(a) Solicitations that require bonding shall require offerors to
separately state bond costs in the offer. Bond costs include the costs
of bid, performance, and payment bonds.
(b) Evaluate total offers. If the apparently successful offeror is
an SDB concern, no preference-based evaluation is required under this
subpart.
(c) If the apparently successful offeror is not an SDB concern,
evaluate offers excluding bond costs. If, after excluding bond costs,
the apparently successful offeror is an SDB concern, add bond costs
back to all offers, and give offers from SDB concerns a preference in
evaluation by adding a factor of 10 percent to the total price of all
offers, except--
(1) Offers from SDBs which have not waived the evaluation
preference; and
(2) Offers from historically black colleges and universities or
minority institutions, which have not waived the evaluation preference.
(d) When using the procedures in 236.303-70, Additive or deductive
items, the evaluation preference in this subpart shall be applied.
219-7204 Contract clause.
Use the clause at 252.219-7008, Notice of Evaluation Preference for
Small Disadvantaged Business Concerns--Construction Acquisitions--Test
Program, in all solicitations--
(1) That involve the evaluation preference of this subpart; and
(2) Where work is to be performed inside the United States, its
territories or possessions, Puerto Rico, the Trust Territory of the
Pacific Islands, or the District of Columbia.
PART 236--CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS
9. Section 236.303-70 is amended by revising the introductory text
of paragraph (c)(2) to read as follows:
236.303-70 Additive or deductive items.
* * * * *
(c) * * *
(2) Evaluate all bids, including those using the procedures in
219.7203, on the basis of the same additive or deductive bid items.
* * * * *
PART 242--CONTRACT ADMINISTRATION
10. Subpart 242.15 is added to read as follows:
Subpart 242.15--Contractor Performance Information
Sec.
242.1503 Procedures.
242.1503 Procedures.
Evaluations should consider any notifications submitted under
paragraph (g) of the clause at 252.219-7003, Small, Small Disadvantaged
and Women-Owned Small Business Subcontracting Plan (DoD Contracts).
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
11. Section 252.219-7003 is amended by revising the clause date to
read ``(APR 1996)'' and by adding paragraph (g) to read as follows:
252.219-7003 Small, small disadvantaged and women-owned small business
subcontracting plan (DoD contracts).
* * * * *
(g) In those subcontracting plans which specifically identify
small, small disadvantaged, and women-owned small businesses, the
Contractor shall notify the Administrative Contracting Officer of
any substitutions of firms that are not small, small disadvantaged,
or women-owned small businesses for the firms listed in the
subcontracting plan. Notifications shall be in writing and shall
occur within a reasonable period of time after award of the
subcontract. Contractor-specified formats shall be acceptable.
12. Section 252.219-7008 is added to read as follows:
252.219-7008 Notice of evaluation preference for small disadvantaged
business concerns--construction acquisitions--test program.
As prescribed in 219.7204, use the following clause:
NOTICE OF EVALUATION PREFERENCE FOR SMALL DISADVANTAGED BUSINESS
CONCERNS--CONSTRUCTION ACQUISITIONS--TEST PROGRAM (APR 1996)
(a) Definitions.
As used in this clause--
``Historically black colleges and universities (HBCUs),'' means
institutions determined by the secretary of Education to meet the
requirements of 34 CFR Section 608.2. The term also means any
nonprofit research institution that was an integral part of such a
college or university before November 14, 1986.
``Minority institutions,'' means institutions meeting the
requirements of paragraphs (3),
[[Page 18689]]
(4), and (5) of Section 1046(3) of the Higher Education Act of 1965
(20 U.S.C. 1135d-5(3)). The term also includes Hispanic-serving
institutions as defined in Section 316(b)(1) of such Act (20 U.S.C.
1059c(b)(1)).
``Small disadvantaged business (SDB) concern,'' means a small
business concern, owned and controlled by individuals who are both
socially and economically disadvantaged, as defined by the Small
Business Administration at 13 CFR Part 124, the majority of earnings
of which directly accrue to such individuals. This term also means a
small business concern owned and controlled by an economically
disadvantaged Indian tribe or Native Hawaiian organization which
meets the requirements of 13 CFR 124.112 or 13 CFR 124.113,
respectively.
(b) Evaluation preference.
(1) Offerors shall separately state bond costs in the offer.
Bond costs include the costs of bid, performance, and payment bonds.
(2) Offers will be evaluated initially based on their total
prices. If the apparently successful offeror is an SDB concern, no
preference-based evaluation will be conducted.
(3) If the apparently successful offeror is not an SDB concern,
offers will be evaluated based on their prices excluding bond costs.
If, after excluding bond costs, the apparently successful offeror is
an SDB concern, bond costs will be added back to all offers, and
offers from SDB concerns will be given a preference in evaluation by
adding a factor of 10 percent to the total price of all offers,
except--
(i) Offers from SDBs which have not waived the evaluation
preference; and
(ii) Offers from HBCUs or minority institutions, which have not
waived the evaluation preference.
(c) Waiver of evaluation preference.
A small disadvantaged business, historically black college or
university, or minority institution offeror may elect to waive the
preference. The agreements in paragraph (d) of this clause do not
apply to offers which waive the preference.
________Offeror elects to waive the preference.
(d) Agreements.
A small disadvantaged business concern, historically black
college or university, or minority institution offeror, which did
not waive the preference, agrees that in performance of the
contract, in the case of a contract for--
(i) General construction, at least 15 percent of the cost of the
contract, excluding the cost of materials, will be performed by
employees of the concern.
(ii) Construction by special trade contractors, at least 25
percent of the cost of the contract, excluding the cost of
materials, will be performed by employees of the concern.
(End of clause)
PART 253--FORMS
13. Section 253.204-70 is amended by revising paragraph (e)(3) to
read as follows:
253.204-70 DD Form 350, Individual Contracting Action Report.
* * * * *
(e) * * *
(3) Block E3, Next Low Offer.
(i) Complete Block E3 only if Block E2 is completed, or the
evaluation preference for small disadvantaged business concerns in
construction acquisitions set forth in subpart 219.72 is applied.
Otherwise, leave Block E3 blank.
(ii) If Block E2 is completed, enter the offered price from the
small business firm that would have been the low offeror if qualified
nonprofit agencies employing people who are blind or severely disabled
had not participated in the acquisition. In the evaluation preference
for small disadvantaged business concerns in construction acquisitions
set forth in subpart 219.72 is applied, enter the offered price from
the non-SDB concern that would have been the successful offeror if the
evaluation preference had not been applied. Enter the amount in whole
dollars.
* * * * *
[FR Doc. 96-10541 Filed 4-26-96; 8:45 am]
BILLING CODE 5000-04-M
Complete official Federal Register PDF
FR Doc. 96-10537 National Oil and Hazardous Substances Contingency Plan; National Priorities List Update
[Federal Register Volume 61, Number 83 (Monday, April 29, 1996)]
[Rules and Regulations]
[Page 18684]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10537]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[FRL-5463-9]
National Oil and Hazardous Substances Contingency Plan; National
Priorities List Update
AGENCY: Environmental Protection Agency.
ACTION: Notice of deletion of a site from the National Priorities List.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) announces the
deletion of the 29th and Mead Ground Water Contamination Site located
in Wichita, Kansas, from the National Priorities List (NPL). The NPL is
Appendix B of 40 CFR part 300. Part 300 is the National Oil and
Hazardous Substances Pollution Contingency Plan (NCP) which EPA
promulgated pursuant to section 105 of the Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA), as amended. In
light of the planned State action in this case, EPA finds that no
further response under CERCLA is appropriate. The Site is instead, in a
pilot project, deferred to the State of Kansas and will be addressed by
the Kansas Department of Health and Environment (KDHE). Deletion under
this approach does not indicate that the cleanup has been completed,
but rather that no further Superfund involvement is necessary, and that
the Agency expects the response at the Site will be completed under an
Agreement between the City of Wichita and KDHE. EPA will consider the
effectiveness and efficiency of the Site cleanup as well as the
likelihood that a similarly favorable outcome could be reproduced
elsewhere in deciding whether such a policy will be considered for
other sites.
EFFECTIVE DATE: April 29, 1996.
FOR FURTHER INFORMATION CONTACT: William Bunn, Remedial Project
Manager; Superfund Division, U.S. Environmental Protection Agency,
Region 7; 726 Minnesota Avenue; Kansas City, Kansas 66101. Phone: (913)
551-7792.
SUPPLEMENTARY INFORMATION: The site to be deleted from the NPL is the
29th and Mead Ground Water Contamination Site in Wichita, Kansas. A
Notice of Intent to Delete was published January 31, 1996 (61 FR 3365).
The closing date for comments on the Notice of Intent to Delete was
March 1, 1996.
EPA received comment favoring this proposed action from Mr. Robert
Knight, Mayor of Wichita, on behalf of the Wichita City Council.
Sites on the NPL may be the subject of Hazardous Substance Response
Trust Fund (Fund-) financed remedial action. Any site deleted from the
NPL remains eligible for Fund-financed remedial actions in the unlikely
event that conditions at the site warrant such action. Section 40 CFR
300.425(e)(3) of the NCP states that Fund-financed actions may be taken
at sites deleted from the NPL. Deletion of a site from the NPL does not
affect responsible party liability or impede agency efforts to recover
costs associated with response efforts.
An explanation of the criteria for deleting this site from the NPL
was presented in Section II of the January 31, 1996, Notice of Intent
to Delete (FR 61 3365). A description of the site and how it meets the
criteria for deletion was presented in Section IV of that Notice. The
reasoning in the Notice of Intent is adapted as EPA's reasoning for
this final deletion.
List of Subjects in 40 CFR Part 300
Environmental protection, Hazardous waste.
Dated: April 23, 1996.
Elliott P. Laws,
Assistant Administrator, Office of Solid Waste and Emergency Response.
40 CFR part 300 is amended as follows:
PART 300--[AMENDED]
1. The authority citation for part 300 continues to read as
follows:
Authority: 33 U.S.C. 1321(C)(2); 42 U.S.C. 9601-9657; E.O. 1277,
56 FR 54757, 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR 2923, 3
CFR, 1987 Comp., p. 193.
Appendix B--[Amended]
2. Table 1 of Appendix B to part 300 is amended by removing the
29th and Mead Ground Water Contamination Site, Wichita, Kansas.
[FR Doc. 96-10537 Filed 4-26-96; 8:45 am]
BILLING CODE 6560-50-P
Complete official Federal Register PDF
FR Doc. 96-10533 Office of the Assistant Secretary for HousingFederal Housing Commissioner; Real Estate Settlement Procedures Act; Streamlining Final Rule; Correction
[Federal Register Volume 61, Number 83 (Monday, April 29, 1996)]
[Rules and Regulations]
[Pages 18674-18675]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10533]
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of the Assistant Secretary for Housing--Federal Housing
Commissioner; Real Estate Settlement Procedures Act; Streamlining Final
Rule; Correction
24 CFR Part 3500
[Docket No. FR-4023-C-02]
RIN 2502-AG69
AGENCY: Office of the Assistant Secretary for Housing--Federal Housing
Commissioner, HUD.
ACTION: Correction to final rule.
-----------------------------------------------------------------------
SUMMARY: On March 26, 1996 (61 FR 13232), the Department published a
final rule streamlining its regulations under the Real Estate
Settlement Procedures Act (RESPA). The preamble of the rule explained
that, as part of this streamlining, the Department was removing from
codification certain appendices. Instead, the material in these
appendices would be made available from the Department as Public
Guidance Documents. Because of an error in the amendatory instructions,
the directions to remove the appendices as specified in the preamble
were omitted from the rule text. This correction publishes those
instructions.
EFFECTIVE DATE: April 25, 1996.
FOR FURTHER INFORMATION CONTACT: David R. Williamson, Director, Office
of Consumer and Regulatory Affairs, Room 5241, Department of Housing
and Urban Development, 451 Seventh Street SW., Washington, DC 20410,
telephone number (202) 708-4560 (this is not a toll-free number); or
for legal questions: Kenneth A. Markison, Assistant General Counsel for
GSE/RESPA, or Grant E. Mitchell, Senior Attorney for RESPA, Room 9262,
Department of Housing and Urban Development, 451 Seventh Street SW.,
Washington, DC 20410, telephone number (202) 708-1550 (this is not a
toll-free number). For hearing- or speech-impaired persons, this number
may be accessed via TTY (text telephone) by calling the Federal
Information Relay Service at 1-800-877-8339.
SUPPLEMENTARY INFORMATION: Accordingly, FR Doc. 96-6511, Real Estate
Settlement Procedures Act; Streamlining Final Rule (FR-4023-F-01),
published on March 26, 1996, is corrected by adding on page 13251, in
[[Page 18675]]
the first column, a new amendatory instruction 6 to read as follows:
Appendix G (Consisting of Appendices G-1 and G-2), Appendix H
(Consisting of Appendices H-1 and H-2), Appendix I (Consisting of
Appendices I-1, I-2, I-3, I-4, I-5, I-6, I-7, and I-8), Appendix J
(Consisting of Appendices J-1 and J-2), Appendix K (Consisting of
Appendices K-1 Through K-4), Appendix L, Appendix M--[Removed]
6. Appendix G (consisting of Appendices G-1 and G-2), Appendix H
(consisting of Appendices H-1 and
H-2), Appendix I (consisting of Appendices I-1, I-2, I-3, I-4, I-5, I-
6, I-7, and I-8), Appendix J (consisting of Appendices J-1 and J-2),
Appendix K (consisting of Appendices K-1 through K-4), Appendix L, and
Appendix M are removed.
Authority: 12 U.S.C. 2601 et seq.; 42 U.S.C. 3535(d).
Dated: April 19, 1996.
Camille E. Acevedo,
Assistant General Counsel for Regulations.
[FR Doc. 96-10533 Filed 4-26-96; 8:45 am]
BILLING CODE 4210-27-P
Complete official Federal Register PDF
FR Doc. 96-10473 Removal of Regulations
[Federal Register Volume 61, Number 83 (Monday, April 29, 1996)]
[Rules and Regulations]
[Pages 18680-18681]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10473]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF EDUCATION
34 CFR Parts 11, 50, 302, 358, 631, 632, 633, 634, 635, 653, 769,
770, 771, 772, 776, 777, 785, 786, 787, 788, 789, and 791
Removal of Regulations
AGENCY: Department of Education.
ACTION: Final regulations.
-----------------------------------------------------------------------
SUMMARY: The Secretary amends the Code of Federal Regulations (CFR) to
remove unnecessary and obsolete regulations. As a result of new
legislation, absence of funding, and review in accordance with the
President's regulatory reinvention initiative, the Secretary has
determined that these regulations are no longer needed or will become
unnecessary in the future. The Secretary takes this action to remove
the regulations from the CFR.
EFFECTIVE DATE: Parts 11, 302, 358, 631, 632, 633, 634, 635, 653, 785,
786, 787, 788, 789, and 791 are removed effective May 29, 1996. Parts
50, 769, 771, 772, and 777 are removed effective October 1, 1996. Parts
770 and 776 are removed effective October 1, 1997.
FOR FURTHER INFORMATION CONTACT: Kenneth C. Depew, U.S. Department of
Education, Room 5112, FB-10, 600 Independence Avenue, SW., Washington,
DC 20202-2241. Telephone: (202) 401-8300. 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: President Clinton's memorandum of March 4,
1995, titled ``Regulatory Reinvention Initiative,'' directed heads of
departments and agencies to review all existing regulations to
eliminate those that are outdated and modify others to increase
flexibility and reduce burden. The Department has undertaken a thorough
review of its existing regulations and has identified the regulations
removed by this document as obsolete or unnecessary. Additional
obsolete and unnecessary regulations were previously removed on May 23,
1995 (60 FR 27223) as part of the Regulatory Reinvention Initiative.
Based on this review, the Secretary also withdraws the notice of
proposed rulemaking issued for 34 CFR Part 50 on March 1, 1993 (58 FR
11924).
The regulations being removed are no longer necessary to administer
the program, have been superseded by new legislation, or were issued to
implement a program that is no longer funded. To the extent that
regulations are needed to implement new legislation, they will be
issued separately from this document. Any determination to issue new
regulations will be carefully considered to ensure that it is
consistent with the President's regulatory reform efforts and the
principles in Executive Order 12866.
The Department is continuing to review its other existing
regulations thoroughly in consultation with its customers and partners.
To the extent the Secretary can identify further opportunities for
regulatory reinvention, the Secretary will propose appropriate
amendments to revise or eliminate outdated provisions, reduce burden,
and increase flexibility.
Waiver of Proposed Rulemaking
In accordance with the Administrative Procedure Act (5 U.S.C. 553),
it is the practice of the Secretary to offer interested parties the
opportunity to comment on proposed regulations. However, these
regulations merely reflect statutory changes and remove unnecessary and
obsolete regulatory provisions. Removal of the regulations does not
establish or affect substantive policy. Therefore, the
[[Page 18681]]
Secretary has determined, pursuant to 5 U.S.C. 553(b)(B), that public
comment is unnecessary and contrary to the public interest.
Paperwork Reduction Act of 1980
These regulations have been examined under the Paperwork Reduction
Act of 1980 and have been found to contain no information collection
requirements.
Assessment of Educational Impact
Based on its own review, the Department has determined that the
regulations in this document do not require transmission of information
that is being gathered by or is available from any other agency or
authority of the United States.
List of Subjects
34 CFR Part 11
Administrative practice and procedure, Advisory committees.
34 CFR Part 50
Cultural exchange programs, Foreign residence requirements,
Reporting and recordkeeping requirements.
34 CFR Part 302
Education of handicapped, Elementary and secondary education, Grant
programs-education.
34 CFR Part 358
Education of handicapped, Educational research, Grant programs-
education.
34 CFR Part 631
Colleges and universities, Grant programs-education, Student aid.
34 CFR Part 632
Colleges and universities, Grant programs-education, Student aid.
34 CFR Part 633
Colleges and universities, Grant programs-education, Student aid.
34 CFR Part 634
Colleges and universities, Grant programs-education, Student aid.
34 CFR Part 635
Colleges and universities, Grant programs-education, Student aid.
34 CFR Part 653
Grant programs-education, Student aid, Teachers.
34 CFR Part 769
Grant programs-education, Libraries.
34 CFR Part 770
Grant programs-education, Libraries.
34 CFR Part 771
Grant programs-education, Libraries.
34 CFR Part 772
Grant programs-education, Libraries.
34 CFR Part 776
Grant programs-education, Libraries.
34 CFR Part 777
Grant programs-education, Libraries.
34 CFR Part 785
Educational research, Grant programs-education.
34 CFR Part 786
Adult education, Colleges and universities, Educational research,
Grant programs-education, Elementary and secondary education.
34 CFR Part 787
Educational research, Grant-programs education, Teachers.
34 CFR Part 788
Educational research, Grant programs-education, States.
34 CFR Part 789
Educational research, Elementary and secondary education, Grant
programs-education, Private schools.
34 CFR Part 791
Elementary and secondary education, Grant programs-education,
Students.
Dated: April 23, 1996.
Richard W. Riley,
Secretary of Education.
(Catalog of Federal Domestic Assistance numbers do not apply.)
For reasons stated in the preamble, under the authority at 20
U.S.C. 1221e-3, the Secretary amends Title 34 of the Code of Federal
Regulations by removing Parts 11, 50, 302, 358, 631, 632, 633, 634,
635, 653, 769, 770, 771, 772, 776, 777, 785, 786, 787, 788, 789, and
791.
[FR Doc. 96-10473 Filed 4-26-96; 8:45 am]
BILLING CODE 4000-01-P
Complete official Federal Register PDF
FR Doc. 96-10451 Approval and Promulgation of State Implementation Plan; Wisconsin; Gasoline Storage Tank Vent Pipe, Traffic Marking Materials, and Solvent Metal Cleaning SIP Revisions
[Federal Register Volume 61, Number 83 (Monday, April 29, 1996)]
[Rules and Regulations]
[Pages 18681-18683]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10451]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[WI57-01-7105a, WI58-01-7106a, WI59-01-7107a; FRL-5424-2]
Approval and Promulgation of State Implementation Plan;
Wisconsin; Gasoline Storage Tank Vent Pipe, Traffic Marking Materials,
and Solvent Metal Cleaning SIP Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The EPA is approving, through the direct final procedure,
revisions to the Wisconsin State Implementation Plan (SIP) for ozone
that were submitted on February 17, 1995 and April 12, 1995. These
revisions require the control of volatile organic compound (VOC)
emissions from the following sources: gasoline storage tanks, the
application of traffic marking materials, and solvent metal cleaning
operations. These regulations were submitted to generate reductions in
VOC emissions, which the State will use to fulfill the 15 percent
requirement of the amended Clean Air Act. In the proposed rules section
of this Federal Register, the EPA is proposing approval of, and
soliciting comments on, these requested SIP revisions. If adverse
comments are received on this action, the EPA will withdraw this final
rule and address the comments received in response to this action in a
final rule on the related proposed rule, which is being published in
the proposed rules section of this Federal Register. A second public
comment period will not be held. Parties interested in commenting on
this action should do so at this time. This approval makes federally
enforceable the State's rules that have been incorporated by reference.
DATES: This action will be effective June 28, 1996, unless adverse
comments are received by May 29, 1996. If the effective date is
delayed, timely notice will be published in the Federal Register.
ADDRESSES: Written comments should be sent to: Carlton T. Nash, Chief,
Regulation Development Section, Air Toxics and Radiation Branch (AT-
18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard,
Chicago, Illinois 60604.
Copies of the proposed SIP revision and EPA's analysis are
available for inspection at the U.S. Environmental Protection Agency,
Region 5, Air and Radiation Division, 77 West Jackson
[[Page 18682]]
Boulevard, Chicago, Illinois 60604. (Please telephone Douglas Aburano
at (312) 353-6960 before visiting the Region 5 Office.)
FOR FURTHER INFORMATION CONTACT: Douglas Aburano, Environmental
Engineer, Regulation Development Section, Air Toxics and Radiation
Branch (AT-18J), U.S. Environmental Protection Agency, Region 5,
Chicago, Illinois 60604, (312) 353-6960.
SUPPLEMENTARY INFORMATION:
I. Background
Section 182(b) of the Clean Air Act, as amended on November 15,
1990, sets forth the requirements for ozone nonattainment areas that
have been classified as moderate or above. Section 182(b)(1)(A)
requires those States with ozone nonattainment areas classified as
moderate or above to submit plans to reduce VOC emissions by at least
15 percent from the 1990 baseline emissions. The 1990 baseline, as
described by EPA's emission inventory guidance, is the amount of
anthropogenic VOC emissions emitted on a typical summer day. As a part
of its 15 percent plan, the State of Wisconsin has developed and
adopted rules to reduce the VOC emissions from gasoline storage tanks,
the application of traffic marking materials, and solvent metal
cleaning operations in those areas of the State that are classified as
moderate or higher.
II. Evaluation of State Submittal
On November 15, 1993, the State of Wisconsin submitted its proposed
15 percent plan. The 15 percent plan submittal was followed by several
submittals that are the actual regulations that will achieve the
reductions required by the 15 percent plan. The State's regulations are
summarized below.
A. Gasoline Storage Tank Vent Pipe Rule--NR 420.035
Wisconsin submitted this regulation to the EPA on February 17, 1995
and supplemented it on June 14, 1995, as a SIP revision under the
signature of the Governor's designee. The EPA found this rule to be
complete in a letter to Donald Theiler, Director of WDNR's Bureau of
Air Management, dated June 29, 1995. The WDNR followed the required
legal procedures for adopting this rule which are prerequisites for EPA
to consider including this rule in Wisconsin's federally enforceable
ozone SIP. A public hearing for this rule was held on January 12, 1994.
Wisconsin has adopted a rule that requires gasoline storage tanks
with a storage capacity of 2,000 gallons, or greater, to install
pressure vacuum valves on the vent pipes. Evaporative emissions will
readily escape through the gasoline storage tank vent pipe if the pipe
has no control device to prevent this. These pressure vacuum valves
will control evaporative VOC emissions from the storage tanks.
B. Traffic Marking Materials Rule--NR 422.17
Wisconsin submitted this regulation to EPA on April 12, 1995 and
supplemented it on June 14, 1995, as a SIP revision under the signature
of the Governor's designee. The EPA found this rule to be complete in a
letter to Donald Theiler, Director of WDNR's Bureau of Air Management,
dated June 29, 1995. The WDNR followed the required legal procedures
for adopting this rule, which are prerequisites for EPA to consider
including this rule in Wisconsin's federally enforceable ozone SIP. A
public hearing for this rule was held on January 12, 1994.
The emission of VOCs from the application of traffic marking
materials onto paved surfaces occurs during the drying of the markings
themselves or from the drying of the adhesives used to affix the
traffic markings. The State of Wisconsin has adopted a rule that will
limit the VOC content of the traffic marking materials that are liquid
or limit the amount of VOCs that can be emitted per mile of traffic
marking applied for solid materials.
C. Solvent Metal Cleaning Rule--NR 423.03
Wisconsin submitted this regulation to EPA on April 12, 1995 and
supplemented it on June 14, 1995, as a SIP revision under the signature
of the Governor's designee. The EPA found this rule to be complete in a
letter to Donald Theiler, Director of WDNR's Bureau of Air Management,
dated June 29, 1995. The WDNR followed the required legal procedures
for adopting this rule which are prerequisites for EPA to consider
including this rule in Wisconsin's federally enforceable ozone SIP. A
public hearing for this rule was held on January 12, 1994.
The State of Wisconsin currently has a solvent metal cleaning rule
in place and this rule has been approved into the State's SIP as
representing reasonably available control technology (RACT) for this
source category. In order to obtain additional reductions that would be
creditable towards the State's 15 percent plan, the State has: Added
the category of wipe cleaning to the types of actions that require
control under this rule (NR 423.02(10), NR 423.03(7)); established
control technique requirements beyond those considered to be RACT (NR
423.03(3) (h) to (j), NR 423.03(4) (n) to (r), NR 423.03 (h) to (j), NR
423.03(6)(a) 8 and 9); added a provision that requires sources to also
consider throughput on the applicability of size exemption cutoffs (NR
423.03(2) (c) to (f)); established more extensive recordkeeping
requirements (NR 423.03(10)); and established a revised compliance
schedule (NR 423.03(8)).
More detailed analyses of the State's submittals are available at
the Regional Office listed above. In determining the approvability of
these VOC rules, EPA evaluated the rules for consistency with Federal
requirements, including Section 110 and Part D of the Clean Air Act.
III. Final Rulemaking Action
The EPA approves Wisconsin's rules for Gasoline Storage Tank Vent
Pipes, the Application of Traffic Marking Materials, and Solvent Metal
Cleaning thereby making these rules federally enforceable.
Because EPA considers this action noncontroversial and routine, we
are approving it without prior proposal. This action will become
effective on June 28, 1996. However, if we receive adverse comments by
May 29, 1996. EPA will publish a document that withdraws this action.
IV. Miscellaneous
A. Applicability To Future SIP Decisions
Nothing in this action should be construed as permitting, allowing
or establishing a precedent for any future request for revision to any
SIP. The EPA shall consider each request for revision to the SIP in
light of specific technical, economic, and environmental factors and in
relation to relevant statutory and regulatory requirements.
B. Executive Order 12866
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214), as revised by a July
10, 1995 memorandum from Mary Nichols, Assistant Administrator for Air
and Radiation. The Office of Management and Budget has exempted this
regulatory action from E.O. 12866 review.
C. Regulatory Flexibility
Under the Regulatory Flexibility Act, 5 U.S.C. Sec. 600 et seq.,
EPA must prepare a regulatory flexibility analysis assessing the impact
of any proposed or final rule on small entities (5 U.S.C. 603 and 604).
Alternatively, EPA may certify
[[Page 18683]]
that the rule will not have a significant impact on a substantial
number of small entities. Small entities include small businesses,
small not-for-profit enterprises, and government entities with
jurisdiction over populations of less than 50,000.
This approval does not create any new requirements. Therefore, I
certify that this action does not have a significant impact on any
small entities affected. Moreover, due to the nature of the Federal-
State relationship under the Act, preparation of the regulatory
flexibility analysis would constitute Federal inquiry into the economic
reasonableness of the State action. The Act forbids EPA to base its
actions concerning SIPs on such grounds. Union Electric Co. v. U.S.
EPA, 427 U.S. 246, 256-66 (1976).
D. Unfunded Mandates
Under Section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, the EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
costs to State, local, or tribal governments in the aggregate; or to
the private sector, of $100 million or more. Under Section 205, the EPA
must select the most cost-effective and least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 requires the EPA to establish a
plan for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
The EPA has determined that the approval action promulgated today
does not include a Federal mandate that may result in estimated costs
of $100 million or more to either State, local, or tribal governments
in the aggregate, or to the private sector.
This Federal action approves pre-existing requirements under State
or local law, and imposes no new Federal requirements. Accordingly, no
additional costs to State, local, or tribal governments, or the private
sector, result from this action.
E. Petitions for Judicial Review
Under Section 307(b)(1) of the Act, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by June 28, 1996. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review, nor does
it extend the time within which a petition for judicial review may be
filed and shall not postpone the effectiveness of such rule or action.
This action may not be challenged later in proceedings to enforce its
requirements (See Section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Incorporation by reference, Intergovernmental relations, Ozone,
Reporting and recordkeeping requirements.
Dated: November 6, 1995.
Valdas V. Adamkus,
Regional Administrator.
For the reasons stated in the preamble, part 52, chapter I, title
40 of the Code of Federal Regulations is amended as follows:
PART 52--[AMENDED]
Subpart YY--Wisconsin
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
2. Section 52.2570 is amended by adding paragraphs (c) (84), (85),
and (86) to read as follows:
Sec. 52.2570 Identification of plan.
* * * * *
(c) * * *
(84) A revision to the ozone State Implementation Plan (SIP) was
submitted by the Wisconsin Department of Natural Resources on February
17, 1995, and supplemented on June 14, 1995. This revision consists of
a volatile organic compound regulation that requires controls for
gasoline storate tank vent pipes.
(i) Incorporation by reference. The following section of the
Wisconsin Administrative Code is incorporated by reference.
(A) NR 420.035 as created and published in the (Wisconsin)
Register, July, 1994, No. 463, effective August 1, 1994.
(85) A revision to the ozone State Implementation Plan (SIP) was
submitted by the Wisconsin Department of Natural Resources on April 12,
1995, and supplemented on June 14, 1995, and January 19, 1996. This
revision consists of a volatile organic compound regulation that
requires the control of emissions from traffic markings.
(i) Incorporation by reference. The following section of the
Wisconsin Administrative Code is incorporated by reference.
(A) NR 422.02(16e), (42q), (42s) and (47m) as created and published
in the (Wisconsin) Register, July, 1994, No. 463, effective August 1,
1994.
(B) NR 422.17 as created and published in the (Wisconsin) Register,
July, 1994, No. 463, effective August 1, 1994.
(86) A revision to the ozone State Implementation Plan (SIP) was
submitted by the Wisconsin Department of Natural Resources on April 12,
1995, and supplemented on June 14, 1995, and January 19, 1996. This
revision consists of a volatile organic compound regulation that
requires additional controls on solvent metal cleaning operations. This
rule is more stringent than the RACT rule it is replacing.
(i) Incorporation by reference. The following section of the
Wisconsin Administrative Code is incorporated by reference.
(A) NR 423.02(10) as renumbered from NR 423.02(9), amended and
published in the (Wisconsin) Register, August, 1994, No. 464, effective
September 1, 1994. NR 423.02(11) as renumbered from NR 423.02(10) and
published in the (Wisconsin) Register, August, 1994, No. 464, effective
September 1, 1994. NR 423.02(9) and (12) as created and published in
the (Wisconsin) Register, August, 1994, No. 464, effective September 1,
1994.
(B) NR 423.03 as created and published in the (Wisconsin) Register,
August, 1994, No. 464, effective September 1, 1994.
(C) NR 425.03(12)(a)7. as amended and published in the (Wisconsin)
Register, August, 1994, No. 464, effective September 1, 1994.
* * * * *
[FR Doc. 96-10451 Filed 4-26-96; 8:45 am]
BILLING CODE 6560-50-P
Complete official Federal Register PDF
FR Doc. 96-10440 Radio Broadcasting Services; Shelton, WA
[Federal Register Volume 61, Number 83 (Monday, April 29, 1996)]
[Rules and Regulations]
[Page 18686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10440]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
47 CFR Part 73
[MM Docket No. 95-156; RM-8701]
Radio Broadcasting Services; Shelton, WA
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Commission, at the request of Sound Broadcasting, Inc.,
allots Channel 233A at Shelton, Washington, as the community's first
local FM transmission service. See 60 FR 53892, October 18, 1995.
Channel 233A can be allotted to Shelton in compliance with the
Commission's minimum distance separation requirements with a site
restriction of 6.6 kilometers (4.1 miles) northwest to avoid short-
spacings to the licensed sites of Station KMPS-FM, Channel 231C,
Seattle, Washington, and Station KUKN(FM), Channel 233A, Kelso,
Washington. The coordinates for Channel 233A at Shelton are North
Latitude 47-14-43 and West Longitude 123-10-25. See Supplementary
Information, infra.
DATES: Effective June 7, 1996. The window period for filing
applications will open on June 7, 1996 and close on July 8, 1996.
FOR FURTHER INFORMATION CONTACT: Sharon P. McDonald, Mass Media Bureau,
(202) 418-2180.
SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's
Report and Order, MM Docket No. 95-156, adopted April 5, 1996, and
released April 23, 1996. The full text of this Commission decision is
available for inspection and copying during normal business hours in
the FCC Reference Center (Room 239), 1919 M Street, NW., Washington,
DC. The complete text of this decision may also be purchased from the
Commission's copy contractors, International Transcription Service,
Inc., (202) 857-3800, 2100 M Street, NW., Suite 140, Washington, DC
20037.
Recognizing that the allotment of Channel 233A would be short-
spaced to the proposed allotment of Channel 233C at Vancouver, British
Columbia, we have determined that no potential interference would
result from this allotment. Therefore, since the Shelton is located
within 320 kilometers (200 miles) of the U.S.-Canadian border,
concurrence of the Canadian government for the allotment of Channel
233A has been obtained as a specially-negotiated allotment. With this
action, this proceeding is terminated.
List of Subjects in 47 CFR Part 73
Radio broadcasting.
Part 73 of title 47 of the Code of Federal Regulations is amended
as follows:
PART 73--[AMENDED]
1. The authority citation for part 73 continues to read as follows:
Authority: Sections 303, 48 Stat., as amended, 1082; 47 U.S.C.
154, as amended.
Sec. 73.202 [Amended]
2. Section 73.202(b), the Table of FM Allotments under Washington,
is amended by adding Shelton, Channel 233A.
Federal Communications Commission.
John A. Karousos,
Chief, Allocations Branch, Policy and Rules Division, Mass Media
Bureau.
[FR Doc. 96-10440 Filed 4-26-96; 8:45 am]
BILLING CODE 6712-01-F
Complete official Federal Register PDF
FR Doc. 96-10439 Radio Broadcasting Services; Woodville and Liberty, MS; Clayton and Jena, LA
[Federal Register Volume 61, Number 83 (Monday, April 29, 1996)]
[Rules and Regulations]
[Page 18685]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10439]
[[Page 18685]]
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 73
[MM Docket No. 94-115; RM-8508, RM-8562]
Radio Broadcasting Services; Woodville and Liberty, MS; Clayton
and Jena, LA
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Commission, at the request of Gary P. Albarez (RM-8562),
allots Channel 299C3 to Liberty, Mississippi, and delet Channel 299A
from Woodville, Mississippi. Channel 299C3 can be allotted to Liberty
in compliance with the Commission's distance separation requirements
with a site restriction of 3.1 kilometers (1.9 miles) northwest. The
coordinates for Channel 299C3 at Liberty are 31-10-44 and 90-49-51. The
proposal filed by PDB Broadcasting (RM-8508), see 59 FR 51153, October
7, 1994, requesting the substitution of Channel 299C3 for Channel 299A
at Woodville, Mississippi, is denied. With this action, this proceeding
is terminated.
DATES: Effective June 7, 1996. The window period for filing
applications will open on June 7, 1996, and close on July 8, 1996.
FOR FURTHER INFORMATION CONTACT: Pam Blumenthal, Mass Media Bureau,
(202) 418-2180.
SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's
Report and Order, MM Docket No. 94-115, adopted April 5, 1996, and
released April 23, 1996. The full text of this Commission decision is
available for inspection and copying during normal business hours in
the FCC Reference Center (Room 239), 1919 M Street, NW., Washington,
DC. The complete text of this decision may also be purchased from the
Commission's copy contractor, ITS, Inc., (202) 857-3800, 2100 M Street,
NW., Suite 140, Washington, DC 20037.
List of Subjects in 47 CFR Part 73
Radio broadcasting.
Part 73 of title 47 of the Code of Federal Regulations is amended
as follows:
PART 73--[AMENDED]
1. The authority citation for part 73 continues to read as follows:
Authority: Secs. 303, 48 Stat., as amended, 1082; 47 U.S.C. 154,
as amended.
Sec. 73.202 [Amended]
2. Section 73.202(b), the Table of FM Allotments under Mississippi,
is amended by removing Channel 299A at Woodville; and by adding
Liberty, Channel 299C3.
Federal Communications Commission.
John A. Karousos,
Chief, Allocations Branch, Policy and Rules Division, Mass Media
Bureau.
[FR Doc. 96-10439 Filed 4-26-96; 8:45 am]
BILLING CODE 6712-01-F
Complete official Federal Register PDF
FR Doc. 96-10438 Radio Broadcasting Services; New Port Richey, Naples Park, Sarasota and Sebring, FL
[Federal Register Volume 61, Number 83 (Monday, April 29, 1996)]
[Rules and Regulations]
[Page 18685]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10438]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
47 CFR Part 73
[MM Docket No. 93-65; RM-6869, RM-8271, RM-8272, RM-8273]
Radio Broadcasting Services; New Port Richey, Naples Park,
Sarasota and Sebring, FL
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: Action in this document substitutes Channel 288C1 for Channel
288A at New Port Richey, Florida, and modifies the license for Station
WGUL-FM to specify operation on Channel 288C2 in response to a proposal
filed by WGUL-FM, Inc. See 58 FR 19395, April 14, 1993. The coordinates
for Channel 288C1 at New Port Richey are 28-11-04 and 82-45-39. To
accommodate the upgrade at New Port Richey, we shall substitute Channel
282A for Channel 288A at Sarasota, Florida, and modify the license for
Station WKZM(FM) accordingly. The coordinates for Channel 282A at
Sarasota are 27-16-30 and 82-28-54. In response to a counterproposal
filed by Roper Broadcasting, Inc., we shall substitute Channel 289C3
for Channel 288A at Sebring, Florida, and modify the license for
Station WCAC(FM). The coordinates for Channel 289C3 at Sebring are 27-
20-30 and 81-28-05. In response to a counterproposal filed by Wodlinger
Broadcasting Company of Naples, Inc., we shall substitute Channel 288C2
for Channel 288A at Naples Park, Florida, and modify the license for
Station WIXI. The coordinates for Channel 288C2 at Naples Park are 26-
19-00 and 81-47-13. With this action this proceeding is terminated.
EFFECTIVE DATE: June 3, 1996.
FOR FURTHER INFORMATION CONTACT: Kathleen Scheuerle, Mass Media Bureau,
(202) 418-2180.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order, MM Docket No. 93-65, adopted March 29, 1996, and released
April 19, 1996. The full text of this Commission decision is available
for inspection and copying during normal business hours in the
Commission's Reference Center (Room 239), 1919 M Street, NW.,
Washington, DC. The complete text of this decision may also be
purchased from the Commission's copy contractors, International
Transcription Services, Inc., 2100 M Street, NW., Suite 140,
Washington, DC 20037, (202) 857-3800.
List of Subjects in 47 CFR Part 73
Radio broadcasting.
Part 73 of title 47 of the Code of Federal Regulations is amended
as follows:
PART 73--[AMENDED]
1. The authority citation for part 73 continues to read as follows:
Authority: Secs. 303, 48 Stat., as amended, 1082; 47 U.S.C. 154,
as amended.
Sec. 73.202 [Amended]
2. Section 73.202(b), the Table of FM Allotments under Florida, is
amended by removing Channel 288A and adding Channel 288C1 at New Port
Richey, removing Channel 288A and adding Channel 288C2 at Naples Park,
removing Channel 288A and adding Channel 282A at Sarasota, removing
Channel 288A and adding Channel 289C3 at Sebring.
Federal Communications Commission.
John A. Karousos,
Chief, Allocations Branch, Policy and Rules Division, Mass Media
Bureau.
[FR Doc. 96-10438 Filed 4-26-96; 8:45 am]
BILLING CODE 6712-01-F
Complete official Federal Register PDF
FR Doc. 96-10437 Radio Broadcasting Services; Blossom, TX, DeQueen, AR, and Coalgate, OK
[Federal Register Volume 61, Number 83 (Monday, April 29, 1996)]
[Rules and Regulations]
[Pages 18685-18686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10437]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
47 CFR Part 73
[MM Docket No. 95-75; RM-8615, RM-8686]
Radio Broadcasting Services; Blossom, TX, DeQueen, AR, and
Coalgate, OK
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Commission, at the request of Coalgate Broadcasters,
allots Channel 288C2 to Coalgate, Oklahoma, as the community's first
local FM service. At the request of Red River Wireless Communications,
the Commission allots Channel 224C2 to Blossom, Texas. To accommodate
the allotment at Blossom, the Commission also substitutes Channel 227A
for Channel 224A at DeQueen, Arkansas, and modifies the license of
Station KDQN(FM) to specify the alternate Class A channel. See 60 FR
39819, June 12,
[[Page 18686]]
1995, and Supplemental Information, infra. With this action, this
proceeding is terminated.
DATES: Effective June 7, 1996. The window period for filing
applications will open on June 7, 1996, and close on July 8, 1996.
FOR FURTHER INFORMATION CONTACT: Pam Blumenthal, Mass Media Bureau,
(202) 418-2180.
SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's
Report and Order, MM Docket No. 95-75, adopted April 5, 1996, and
released April 23, 1996. The full text of this Commission decision is
available for inspection and copying during normal business hours in
the FCC Reference Center (Room 239), 1919 M Street, NW., Washington,
DC. The complete text of this decision may also be purchased from the
Commission's copy contractor, ITS, Inc., (202) 857-3800, 2100 M Street,
NW., Suite 140, Washington, DC 20037.
All channels can be allotted to the noted communities in compliance
with the Commission's minimum distance separation requirements. Channel
224C2 can be allotted to Blossom, Texas with a site restriction of 11.0
kilometers (6.8 miles) east to avoid a short-spacing conflict with the
allotment of Channel 225A at Bells, Texas. The coordinates for Channel
224C2 at Blossom are 33-40-07 and 95-16-13. As noted, the allotment of
Channel 224C2 at Blossom requires the substitution of Channel 227A for
224A at DeQueen, Arkansas, Channel 227A can be allotted to DeQueen and
can be used at the site specified in Station KDQN(FM)'s license. The
coordinates for Channel 227A at DeQueen are 34-01-57 and 94-19-43.
Channel 288C2 can be allotted to Coalgate, Oklahoma, with a site
restriction of 13.4 kilometers (8,3 miles) east to avoid short-spacing
conflicts with the licensed site of Station KXXK(FM), Channel 288A,
Chickasha, Oklahoma, and with Station KSTV(FM)'s pending application to
upgrade from Channel 289C1 to Channel 289C at Decatur, Texas. The
coordinates for Channel 288C2 at Coalgate are 34-32-20 and 96-04-20.
List of Subjects in 47 CFR Part 73
Radio broadcasting.
Part 73 of title 47 of the Code of Federal Regulations is amended
as follows:
PART 73--[AMENDED]
1. The authority citation for part 73 continues to read as follows:
Authority: Secs. 303, 48 Stat., as amended, 1082; 47 U.S.C. 154,
as amended.
Sec. 73.202 [Amended]
2. Section 73.202(b), the Table of FM Allotments under Texas,
Arkansas and Oklahoma, is amended by adding Blossom, Channel 224C2; by
removing Channel 224A and adding Channel 227A at DeQueen; and by adding
Coalgate, Channel 288C2.
Federal Communications Commission.
John A. Karousos,
Chief, Allocations Branch, Policy and Rules Division, Mass Media
Bureau.
[FR Doc. 96-10437 Filed 4-26-96; 8:45 am]
BILLING CODE 6712-01-F
Complete official Federal Register PDF
FR Doc. 96-10431 Federal Acquisition Regulation; Interest Clause; Revisions
[Federal Register Volume 61, Number 83 (Monday, April 29, 1996)]
[Rules and Regulations]
[Pages 18921-18922]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10431]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
48 CFR Parts 32 and 52
[FAC 90-38; FAR Case 92-045; Item IV]
RIN 9000-AF44
Federal Acquisition Regulation; Interest Clause; Revisions
AGENCIES: Department of Defense (DOD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council have agreed on a final rule amending
the Federal Acquisition Regulation (FAR) to clarify that certain Cost
Accounting Standards (CAS) clauses provide for the use of differing
interest rates under differing circumstances. This regulatory action
was not subject to Office of Management and Budget review under
Executive Order 12866, dated September 30, 1993. It is not a major rule
under 5 U.S.C. 804.
EFFECTIVE DATE: June 28, 1996.
FOR FURTHER INFORMATION CONTACT: Mr. Jeremy F. Olson at (202) 501-3221
in reference to this FAR case. For general information, contact the FAR
Secretariat, Room 4037, GS Building, Washington, DC 20405 (202) 501-
4755. Please cite FAC 90-38, FAR case 92-045.
SUPPLEMENTARY INFORMATION:
A. Background
Under the CAS clauses at 52.230-2, Cost Accounting Standards,
52.230-3, Disclosure and Consistency of Cost Accounting Practices, and
52.230-4, Consistency in Cost Accounting Practices, interest charges
associated with contract price adjustments resulting from CAS
noncompliance are computed at the annual interest rate established
under section 6621 of the Internal Revenue Code of 1986 (26 U.S.C.
6621), as required by subsection 5(h)(4) of the Office of Federal
Procurement Policy Act Amendments of 1988 (Public Law 100-679). The
clauses at 52.230-2 and 52.230-3 also specify that disputes are subject
to the Contract Disputes Act which, in contrast, uses the semiannual
interest rate established by the Secretary of the Treasury for the
Renegotiation Board pursuant to Public Law 92-41. This rule revises FAR
32.610(b)(2), 32.613(h)(3), 32.614-1(c), and the clause at 52.232-17 to
clarify that the CAS clauses at 52.230-2 and 52.230-3 provide for the
use of differing interest rates under differing circumstances.
B. Regulatory Flexibility Act
The final rule does not constitute a significant FAR revision
within the meaning of FAR 1.501 and Public Law 98-577, and publication
for public comments is not required. Therefore, the Regulatory
Flexibility Act does not apply. However, comments from small entities
concerning the affected FAR subparts will be considered in accordance
with 5 U.S.C. 610. Such comments must be submitted separately and cite
5 U.S.C. 601 et seq. (FAC 90-38, FAR case 92-045), in correspondence.
[[Page 18922]]
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to
the FAR do not impose recordkeeping or information collection
requirements, or collections of information from offerors, contractors,
or members of the public which require the approval of the Office of
Management and Budget under 44 U.S.C. 3501, et seq.
List of Subjects in 48 CFR Parts 32 and 52
Government procurement.
Dated: April 19, 1996.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.
Therefore, 48 CFR Parts 32 and 52 are amended as set forth below:
PART 32--CONTRACT FINANCING
1. The authority citation for 48 CFR Parts 32 and 52 continues to
read as follows:
Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
2. Section 32.610 is amended by revising paragraph (b)(2) to read
as follows:
32.610 Demand for payment of contract debt.
* * * * *
(b) * * *
(2) Notification that any amounts not paid within 30 days from the
date of the demand will bear interest from the date of the demand, or
from any earlier date specified in the contract, and that the interest
rate shall be the rate established by the Secretary of the Treasury,
for the period affected, under Public Law 92-41. In the case of a debt
arising from a price reduction for defective pricing, or as
specifically set forth in a Cost Accounting Standards (CAS) clause in
the contract, that interest will run from the date of overpayment by
the Government until repayment by the contractor at the underpayment
rate established by the Secretary of the Treasury, for the periods
affected, under 26 U.S.C. 6621(a)(2).
* * * * *
3. Section 32.613 is amended by revising paragraph (h)(3) to read
as follows:
32.613 Deferment of collection.
* * * * *
(h) * * *
(3) Notice of an interest charge, in conformity with FAR 32.614 and
the clause at FAR 52.232-17, Interest; or, in the case of a debt
arising from a defective pricing or a CAS noncompliance overpayment,
interest, as prescribed by the applicable Price Reduction for Defective
Cost or Pricing Data or CAS clause.
* * * * *
4. Section 32.614-1 is amended by revising the first sentence of
paragraph (c) introductory text to read as follows:
32.614-1 Interest charges.
* * * * *
(c) Unless specified otherwise in the clause at FAR 52.232-17, the
interest charge shall be at the rate established by the Secretary of
the Treasury under Public Law 92-41 for the period in which the amount
becomes due. * * *
* * * * *
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
5. Section 52.232-17 is amended by revising the date of the clause
and the first sentence of paragraph (a) to read as follows:
52.232-17 Interest.
* * * * *
INTEREST (JUNE 1996)
(a) Except as otherwise provided in this contract under a Price
Reduction for Defective Cost or Pricing Data clause or a Cost
Accounting Standards clause, all amounts that become payable by the
Contractor to the Government under this contract (net of any
applicable tax credit under the Internal Revenue Code (26 U.S.C.
1481)) shall bear simple interest from the date due until paid
unless paid within 30 days of becoming due. * * *
* * * * *
[FR Doc. 96-10431 Filed 4-26-96; 8:45 am]
BILLING CODE 6820-EP-P
Complete official Federal Register PDF
FR Doc. 96-10430 Federal Acquisition Regulation; Assignment of Claims; Presidential Delegation
[Federal Register Volume 61, Number 83 (Monday, April 29, 1996)]
[Rules and Regulations]
[Pages 18920-18921]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10430]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
48 CFR Part 32
[FAC 90-38; FAR Case 94-767; Item III]
RIN 9000-AG91
Federal Acquisition Regulation; Assignment of Claims;
Presidential Delegation
AGENCIES: Department of Defense (DOD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule is issued pursuant to the Federal Acquisition
Streamlining Act of 1994 (Public Law 103-355) (FASA) to reflect the
Presidential delegation of authority to make determinations of need and
to provide guidance for determinations of need made in accordance with
the Presidential delegation dated October 3, 1995. This regulatory
action was subject to Office of Management and Budget review under
Executive Order 12866, dated September 30, 1993. It is not a major rule
under 5 U.S.C. 804.
EFFECTIVE DATE: June 28, 1996.
FOR FURTHER INFORMATION CONTACT: Mr. John Galbraith, Finance/Payment
Team Leader, at (703) 697-6710, in reference to this case. For general
information, contact the FAR Secretariat, Room 4037, 18th & F Streets
NW., Washington, DC 20405, (202) 501-4755. Please cite FAC 90-38, FAR
Case 94-767 in all correspondence related to this case.
SUPPLEMENTARY INFORMATION:
A. Background
The statutes authorizing assignments of claims under Federal
contracts provide authority for the Government to make no-setoff
commitments under certain conditions. FASA established a requirement
for a determination of need by the President. Implementation was
published in the Federal Register, at 60 FR 49729, on September 26,
1995, as FAR Case 94-761. The President, on October 3, 1995, delegated
the authority to make determinations of need to the Secretaries of
Defense and Energy, the Administrator of General Services, and the
heads of all other departments or agencies, subject to such additional
guidance as provided by the Administrator of the Office of Federal
Procurement Policy. The Administrator of Procurement Policy, in
accordance
[[Page 18921]]
with the President's delegation, has provided guidance for exercise of
the authority delegated by the President to make determinations of need
to make no-setoff commitments under contracts containing assignment of
claims clauses. Because this guidance is administrative in nature and
has no significant impact upon the public, it is being published as a
final rule.
B. Regulatory Flexibility Act
As noted above, this rule implements a change in authority for
existing policy and procedures in the FAR. This change in authority to
be cited does not change the usage of the procedure (the no-setoff
commitment) or the impact upon small entities. Thus, this final rule
does not constitute a significant FAR revision within the meaning of
FAR 1.501 and Public Law 98-577, and publication for public comments is
not required. Therefore, the Regulatory Flexibility Act does not apply.
However, comments from small entities concerning the affected FAR
subpart will be considered in accordance with Section 610 of the Act.
Such comments must be submitted separately and cite 5 U.S.C. 601 et
seq., (FAC 90-38, FAR Case 94-767) in correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to
the FAR do not impose recordkeeping or information collection
requirements, or collections of information from offerors, contractors,
or members of the public which require the approval of the Office of
Management and Budget under 44 U.S.C. 3501 et seq.
List of Subjects in 48 CFR Part 32
Government procurement.
Dated: April 18, 1996.
Edward C. Loeb,
Deputy Project Manager for the Implementation of the Federal
Acquisition Streamlining Act of 1994.
Therefore, 48 CFR Part 32 is amended as set forth below:
PART 32--CONTRACT FINANCING
1. The authority citation for 48 CFR Part 32 continues to read as
follows:
Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
2. Section 32.803 is amended by revising paragraph (d) to read as
follows:
32.803 Policies.
* * * * *
(d) Any contract of a designated agency (see FAR 32.801), except a
contract under which full payment has been made, may include a no-
setoff commitment only when a determination of need is made by the head
of the agency, in accordance with the Presidential delegation of
authority dated October 3, 1995, and after such determination has been
published in the Federal Register. The Presidential delegation makes
such determinations of need subject to further guidance issued by the
Office of Federal Procurement Policy. The following guidance has been
provided: Use of the no-setoff provision may be appropriate to
facilitate the national defense; in the event of a national emergency
or natural disaster; or when the use of the no-setoff provision may
facilitate private financing of contract performance. However, in the
event an offeror is significantly indebted to the United States, the
contracting officer should consider whether the inclusion of the no-
setoff commitment in a particular contract is in the best interests of
the United States. In such an event, the contracting officer should
consult with the Government officer(s) responsible for collecting the
debt(s).
* * * * *
Section 32.806 is amended by revising paragraph (a)(2) to read as
follows:
32.806 Contract clause.
(a) * * *
(2) If a no-setoff commitment has been authorized (see FAR
32.803(d)), the contracting officer shall use the clause with its
Alternate I.
* * * * *
[FR Doc. 96-10430 Filed 4-26-96; 8:45 am]
BILLING CODE 6820-EP-P
Complete official Federal Register PDF
FR Doc. 96-10429 Federal Acquisition Regulation; Application of Cost Accounting Standards Board Regulations to Educational Institutions
[Federal Register Volume 61, Number 83 (Monday, April 29, 1996)]
[Rules and Regulations]
[Pages 18916-18920]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10429]
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DEPARTMENT OF DEFENSE
48 CFR Parts 1, 30, 42, and 52
[FAC 90-38; FAR Case 95-002; Item II]
RIN 9000-AG71
Federal Acquisition Regulation; Application of Cost Accounting
Standards Board Regulations to Educational Institutions
AGENCIES: Department of Defense (DOD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
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SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council have agreed on a final rule to amend
the Federal Acquisition Regulation (FAR) to implement changes made to
the Cost Accounting Standards (CAS). The final rule applies to
educational institutions receiving a negotiated Federal contract or
subcontract award in excess of $500,000 (excluding contracts awarded
for the operation of Federally Funded Research and Development Centers
(FFRDCs) which are already subject to CAS Board regulations), and
requires that such educational institutions comply with certain
specified CAS Board rules, regulations and standards. The revisions to
the FAR are based on the CAS Board's amendments to 48 CFR Chapter 99.
This regulatory action was not subject to Office of Management and
Budget review under Executive Order 12866, dated September 30, 1993. It
is not a major rule under 5 U.S.C. 804.
EFFECTIVE DATE: April 29, 1996.
FOR FURTHER INFORMATION CONTACT: Mr. Jeremy Olson at (202) 501-3221 in
reference to this FAR case. For general information, contact the FAR
Secretariat, Room 4037, GS Building, Washington, DC 20405 (202) 501-
4755. Please cite FAC 90-38, FAR case 95-002.
SUPPLEMENTARY INFORMATION:
A. Background
The Office of Federal Procurement Policy, Cost Accounting Standards
Board (CASB), has amended the regulatory provisions contained at 48 CFR
Chapter 99. The amendments apply to educational institutions receiving
a negotiated Federal contract or subcontract award in excess of
$500,000 (excluding contracts awarded for the operation of Federally
Funded Research and Development Centers (FFRDCs) which are already
subject to CASB regulations) and require that such educational
institutions comply with certain specified CASB rules, regulations, and
Cost Accounting Standards (CAS). The CAS final rule was published in
the Federal Register on November 8, 1994, at 59 FR 55746, and became
effective on January 9, 1995, and is authorized pursuant to section 26
of the Office of Federal Procurement Policy Act. The Board has taken
action on this topic in order to promote uniformity and consistency in
educational institutions' cost accounting practices.
B. Regulatory Flexibility Act
The final rule does not constitute a significant FAR revision
within the meaning of FAR 1.501 and Public Law 98-577 and publication
for public comment is not required because the requirements for the
regulation were published by the CASB and codified at 48 CFR Chapter
99. Therefore, the Regulatory Flexibility Act does not apply. However,
comments from small entities concerning the affected FAR subparts will
be considered in accordance with Section 610 of the Act. Such comments
must be submitted separately and cite 5 U.S.C. 601, et seq., (FAC 90-
38, FAR Case 95-002).
C. Paperwork Reduction Act
The information collection aspects of this rule have been approved
by the Office of Management and Budget and assigned Control Number
0348-0055.
D. Public Comments
Public comments are not necessary because the policies and
procedures contained in this regulation have already been publicized in
the Federal Register by the Office of Federal Procurement Policy Cost
Accounting Standards Board's Notice of Proposed Rulemaking made
available for public comment in the Federal Register, at 57 FR 60503,
on December 21, 1992.
List of Subjects in 48 CFR Parts 1, 30, 42, and 52
Government procurement.
Dated: April 18, 1996.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.
Therefore, 48 CFR Parts 1, 30, 42, and 52 are amended as set forth
below:
PART 1--FEDERAL ACQUISITION REGULATIONS SYSTEM
1. The authority citation for 48 CFR Parts 1, 30, 42, and 52
continues to read as follows:
Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
1.106 [Amended]
2. Section 1.106 is amended in the FAR segment column by removing
``52.230-5'' and inserting ``52.230-6'' in its place.
PART 30--COST ACCOUNTING STANDARDS ADMINISTRATION
30.000 [Amended]
3. Section 30.000 is amended by removing ``(appendix B, FAR loose-
leaf edition))'' and inserting ``(FAR appendix B)'' in its place, and
by removing ``(see 48 CFR chapter 99 (appendix B, FAR loose-leaf
edition), Subpart 9903.201-1(b),'' and inserting ``(see 48 CFR
9903.201-1(b) (FAR appendix B)'' in its place.
30.201 [Amended]
4. Section 30.201 is amended in the first sentence by removing ``48
CFR chapter 99 (appendix B, FAR loose-leaf edition), Subpart 9903.201-
1,'' and inserting ``48 CFR 9903.201-1 (FAR appendix B)'' in its place,
in the second sentence by removing ``subpart'' and inserting ``48 CFR''
in its place, and in the last sentence by removing ``48 CFR chapter 99
(appendix B, FAR loose-leaf edition), Subpart 9903.201-2.'' and
inserting ``48 CFR 9903.201-2 (FAR appendix B).'' in its place.
5. Section 30.201-1 is revised to read as follows:
30.201-1 CAS applicability.
See 48 CFR 9903.201-1 (FAR appendix B).
6. Section 30.201-2 is revised to read as follows:
30.201-2 Types of CAS coverage.
See 48 CFR 9903.201-2 (FAR appendix B).
7. Section 30.201-3 is revised to read as follows:
[[Page 18917]]
30.201-3 Solicitation provisions.
(a) The contracting officer shall insert the provision at 52.230-1,
Cost Accounting Standards Notices and Certification, in solicitations
for proposed contracts subject to CAS as specified in 48 CFR 9903.201
(FAR appendix B).
(b) If an award to an educational institution is contemplated prior
to July 1, 1997, the contracting officer shall insert the basic
provision set forth at 52.230-1 with its Alternate I, unless the
contract is to be performed by a Federally Funded Research and
Development Center (FFRDC) (see 48 CFR 9903.201-2(c)(5) (FAR appendix
B)), or the provision at 48 CFR 9903.201-2(c)(6) (FAR appendix B)
applies.
8. Section 30.201-4 is revised to read as follows:
30.201-4 Contract clauses.
(a) Cost Accounting Standards. (1) The contracting officer shall
insert the clause at FAR 52.230-2, Cost Accounting Standards, in
negotiated contracts, unless the contract is exempted (see 48 CFR
9903.201-1 (FAR appendix B)), the contract is subject to modified
coverage (see 48 CFR 9903.201-2 (FAR appendix B)), or the clause
prescribed in paragraph (c) of this subsection is used.
(2) The clause at FAR 52.230-2 requires the contractor to comply
with all CAS specified in 48 CFR part 9904 (FAR appendix B), to
disclose actual cost accounting practices (applicable to CAS-covered
contracts only), and to follow disclosed and established cost
accounting practices consistently.
(b) Disclosure and Consistency of Cost Accounting Practices. (1)
The contracting officer shall insert the clause at FAR 52.230-3,
Disclosure and Consistency of Cost Accounting Practices, in negotiated
contracts when the contract amount is over $500,000, but less than $25
million, and the offeror certifies it is eligible for and elects to use
modified CAS coverage (see 48 CFR 9903.201-2 (FAR appendix B), unless
the clause prescribed in paragraph (c) of this subsection is used). -
(2) The clause at FAR 52.230-3 requires the contractor to comply
with 48 CFR 9904.401, 9904.402, 9904.405, and 9904.406 (FAR appendix B)
to disclose (if it meets certain requirements) actual cost accounting
practices, and to follow consistently its established cost accounting
practices.
(c) Consistency in Cost Accounting Practices. The contracting
officer shall insert the clause at FAR 52.230-4, Consistency in Cost
Accounting Practices, in negotiated contracts that are exempt from CAS
requirements solely on the basis of the fact that the contract is to be
awarded to a United Kingdom contractor and is to be performed
substantially in the United Kingdom (see 48 CFR 9903.201-1(b)(12) (FAR
appendix B)).-
(d) Administration of Cost Accounting Standards. (1) The
contracting officer shall insert the clause at FAR 52.230-6,
Administration of Cost Accounting Standards, in contracts containing
any of the clauses prescribed in paragraphs (a), (b), or (e) of this
subsection.
(2) The clause at FAR 52.230-6 specifies rules for administering
CAS requirements and procedures to be followed in cases of failure to
comply.
(e) Cost Accounting Standards--Educational Institutions. (1) The
contracting officer shall insert the clause at FAR 52.230-5, Cost
Accounting Standards--Educational Institution, in negotiated contracts
awarded to educational institutions, unless the contract is exempted
(see 48 CFR 9903.201-1 (FAR appendix B)), the contract is to be
performed by an FFRDC (see 48 CFR 9903.201-2(c)(5) (FAR appendix B)),
or the provision at 48 CFR 9903.201-2(c)(6) (FAR appendix B) applies.
(2) The clause at FAR 52.230-5 requires the educational institution
to comply with all CAS specified in 48 CFR part 9905 (FAR appendix B),
to disclose actual cost accounting practices as required by 48 CFR
9903.202-1(f) (FAR appendix B), and to follow disclosed and established
cost accounting practices consistently.
9. Section 30.201-5 is revised to read as follows:
30.201-5 Waiver.
In some instances, contractors or subcontractors may refuse to
accept all or part of the requirements of the CAS clauses (FAR 52.230-
2, Cost Accounting Standards, FAR 52.230-3, Disclosure and Consistency
of Cost Accounting Practices, and FAR 52.230-5, Cost Accounting
Standards--Educational Institution). If the contracting officer
determines that it is impractical to obtain the materials, supplies, or
services from any other source, the contracting officer shall prepare a
request for waiver in accordance with 48 CFR 9903.201-5 (FAR appendix
B).
10. Sections 30.201-6 and 30.201-7 are added to read as follows:
30.201-6 Findings.
See 48 CFR 9903.201-6 (FAR appendix B).
30.201-7 Cognizant Federal agency responsibilities.
See 48 CFR 9903.201-7 (FAR appendix B).
11. Section 30.202-1 is revised to read as follows:
30.202-1 General requirements.
See 48 CFR 9903.202-1 (FAR appendix B).
12. Section 30.202-2 is revised to read as follows:
30.202-2 Impracticality of submission.
See 48 CFR 9903.202-2 (FAR appendix B).
13. Section 30.202-3 is revised to read as follows:
30.202-3 Amendments and revisions.
See 48 CFR 9903.202-3 (FAR appendix B).
14. Section 30.202-4 is revised to read as follows:
30.202-4 Privileged and confidential information.
See 48 CFR 9903.202-4 (FAR appendix B).
15. Section 52.202-5 is revised to read as follows:
30.202-5 Filing Disclosure Statements.
See 48 CFR 9903.202-5 (FAR appendix B).
30.202-6 [Amended]
16. Section 30.202-6(a) is amended by removing ``48 CFR chapter 99
(appendix B, FAR loose-leaf edition), Subparts 9903.201-3 and
9903.202.'' and inserting ``48 CFR 9903.201-3 and 9903.202 (FAR
appendix B).'' in its place.
17. Section 30.202-7 is amended in paragraph (a) by revising the
first and third sentences; and in the first sentence of (b) by
inserting the word ``cognizant'' before the word ``auditor'', and
removing the word ``determine'' and inserting ``ascertain'' in its
place. The revised text reads as follows:
30.202-7 Determinations.-
(a) Adequacy determination. As prescribed by 48 CFR 9903.202-6 (FAR
appendix B), the cognizant auditor shall conduct a review of the
Disclosure Statement to ascertain whether it is current, accurate, and
complete and shall report the results to the cognizant ACO, who shall
determine whether or not it adequately describes the offeror's cost
accounting practices. * * * If the Disclosure Statement is adequate,
the ACO shall notify the offeror in writing, with copies to the
cognizant auditor and contracting officer. * * *
* * * * *
[[Page 18918]]
18. Section 30.202-8 is amended in the second sentence of paragraph
(a) by removing ``ACO's'' and inserting in its place ``The ACO''; and
by revising (b) to read as follows:
30.202-8 Subcontractor Disclosure Statements.
* * * * *
(b) Any determination that it is impractical to secure a
subcontractor's Disclosure Statement must be made in accordance with 48
CFR 9903.202-2 (FAR appendix B).
19. Subpart 30.3 is revised to read as follows:
Subpart 30.3--CAS Rules and Regulations [Reserved]
Note: See 48 CFR 9903.3 (FAR appendix B).
20. Subpart 30.4 is revised to read as follows:
Subpart 30.4--Cost Accounting Standards [Reserved]
Note: See 48 CFR part 9904 (FAR appendix B).
21. Subpart 30.5 is revised to read as follows:
Subpart 30.5--Cost Accounting Standards for Educational
Institutions [Reserved]
Note: See 48 CFR part 9905 (FAR appendix B).
30.602 [Amended]
22. Section 30.602 is amended in the introductory text by removing
``48 CFR chapter 99 (appendix B, FAR loose-leaf edition), subpart
9903.305.'' and inserting ``48 CFR 9903.305 (FAR appendix B).'' in its
place.
30.602-1 [Amended]
23. Section 30.602-1 is amended in the first sentence of paragraph
(a)(2) by inserting after the word ``Standards,'' the phrase ``or FAR
52.230-5, Cost Accounting Standards--Educational Institution,''; in the
third sentence of (a)(2) by inserting after ``52.230-2'' the phrase
``or 52.230-5''; in paragraph (b)(1) by revising the citation ``52.230-
5'' to read ``FAR 52.230-6''; in the first sentence of (b)(2) by
inserting after the word ``ACO'' the phrase ``, with the assistance of
the auditor,''.
30.602-2 [Amended]
24. Section 30.602-2 is amended as follows:
a. In paragraph (a)(1) and the first sentence of paragraph (d)(1)
by inserting the word ``cognizant'' before the word ``auditor'' the
first time it appears;
b. In paragraphs (a)(3), (b)(1), and (c)(1), by revising the
citation ``52.230-5'' to read ``FAR 52.230-6'';
c. In the second sentence of paragraph (c)(2) by inserting after
the word ``Standards,'' the phrase ``or FAR 52.230-5, Cost Accounting
Standards--Educational Institution,''; and
d. In paragraph (d)(3) by inserting after the word ``Standards,''
the phrase ``52.230-5, Cost Accounting Standards--Educational
Institution,''.
30.602-3 [Amended]
25. Section 30.602-3 is amended in paragraph (b)(1) by revising the
citation ``52.230-5'' to read `` FAR 52.230-6''; in the first sentence
of (b)(2) by adding after the word ``ACO'' the phrase ``, with the
assistance of the cognizant auditor,''; and in the first sentence of
(d)(1) by adding before the word ``auditor'' the word ``cognizant''.
30.603 [Amended]
26. Section 30.603 is amended in the first sentence by removing the
word ``his'' and inserting ``the'' in its place; and in the second
sentence by removing ``ACO's'' and inserting ``The ACOs'' in its place.
PART 42--CONTRACT ADMINISTRATION
42.302 [Amended]
27. Section 42.302 is amended in paragraph (a)(11) by removing ``48
CFR chapter 99)'' and inserting ``48 CFR chapter 99 (FAR appendix B))''
in its place, and in (a)(11)(iv) by removing ``and 52.230-5'' and
inserting in its place ``52.230-5 and 52.230-6.''
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
28. Section 52.230-1 is amended by:
(a) Revising the clause date;-
(b) Adding a third paragraph following the NOTE under the clause
heading;
(c) Removing from paragraph (a)(2) the phrase ``48 CFR parts 9903
and 9904'' and inserting ``the Cost Accounting Standards Board (48 CFR
Chapter 99)'' in its place, and removing the phrase ``48 CFR, Subpart''
and inserting ``48 CFR'' in its place;
(d) Removing in the first sentence of paragraph (b) the phrase ``,
parts 9903 and 9904'' and inserting ``Chapter 99'' in its place, and
removing the phrase ``48 CFR, Subpart'' and inserting ``48 CFR'' in its
place; and in the second sentence by removing ``The'' and inserting
``When required, the'' in its place;
(e) Capitalizing all letters in the word ``Caution:'' in the
CAUTION paragraph following paragraphs (b), (c)(4), and in Part II;
(f) Revising paragraphs (c) (1) and (2);
(g) Removing in paragraph (c)(4)(ii) under Part I the phrase ``48
CFR, Subpart'' and inserting ``48 CFR'' in its place;
(h) Removing in the first sentences of the first and second
paragraphs in Part II the phrase ``48 CFR subpart'' and inserting ``48
CFR'' in its place; and
(i) Adding Alternate I. The added and revised text reads as
follows:
52.230-1 Cost Accounting Standards Notices and Certification.
* * * * *
COST ACCOUNTING STANDARDS NOTICES AND CERTIFICATION (APR 1996)
* * * * *
Note: * * *
If the offeror is an educational institution, Part II does not
apply unless the contemplated contract will be subject to full or
modified CAS coverage pursuant to 48 CFR 9903.201-2(c)(5) or
9903.201-2(c)(6), respectively.
I. DISCLOSURE STATEMENT-COST ACCOUNTING PRACTICES AND CERTIFICATION
* * * * *
(c) * * *
(1) Certificate of Concurrent Submission of Disclosure
Statement.
The offeror hereby certifies that, as a part of the offer,
copies of the Disclosure Statement have been submitted as follows:
(i) original and one copy to the cognizant Administrative
Contracting Officer (ACO) or cognizant Federal agency official
authorized to act in that capacity (Federal official), as
applicable, and (ii) one copy to the cognizant Federal auditor.
(Disclosure must be on Form No. CASB DS-1 or CASB DS-2, as
applicable. Forms may be obtained from the cognizant ACO or Federal
official and/or from the loose-leaf version of the Federal
Acquisition Regulation.)
Date of Disclosure Statement:
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Name and Address of Cognizant ACO or Federal Official Where Filed:
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The offeror further certifies that the practices used in
estimating costs in pricing this proposal are consistent with the
cost accounting practices disclosed in the Disclosure Statement.
(2) Certificate of Previously Submitted Disclosure Statement.
The offeror hereby certifies that the required Disclosure
Statement was filed as follows:
Date of Disclosure Statement:
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Name and Address of Cognizant ACO or Federal Official Where Filed:
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The offeror further certifies that the practices used in
estimating costs in pricing this proposal are consistent with the
cost
[[Page 18919]]
accounting practices disclosed in the applicable Disclosure
Statement.
* * * * *
(End of provision)
Alternate I (APR 1996). As prescribed in 30.201-3(b), add the
following subparagraph (c)(5) to Part I of the basic provision:
{time} (5) Certificate of Disclosure Statement Due Date by
Educational Institution. If the offeror is an educational
institution that, under the transition provisions of 48 CFR
9903.202-1(f), is or will be required to submit a Disclosure
Statement after receipt of this award, the offeror hereby certifies
that (check one and complete):
{time} (i) A Disclosure Statement Filing Due Date of
__________________ has been established with the cognizant Federal
agency.
(ii) The Disclosure Statement will be submitted within the 6-
month period ending ______________ months after receipt of this
award.
Name and Address of Cognizant ACO or Federal Official Where
Disclosure Statement is to be Filed:
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52.230-2 [Amended]
29. Section 52.230-2 is amended by revising the clause date to read
``(Apr 1996)'', and by removing in paragraph (a) in the introductory
text the phrase ``48 CFR subparts'' and inserting ``48 CFR'' in its
place; in (a)(1) removing the phrase ``48 CFR subpart'' and inserting
``48 CFR'' in its place, in (a)(3) removing the phrase ``48 CFR part
9904, (appendix B, FAR loose-leaf edition),'' and inserting ``48 CFR
Part 9904,'' in its place, and in (d)(2) removing the phrase ``48 CFR
subpart'' and inserting ``48 CFR'' in its place.
30. Section 52.230-3 is amended by:
(a) Revising the clause date and paragraph (a)(1);
(b) Removing in paragraph (a)(2) the phrase ``48 CFR subparts'' and
inserting ``48 CFR'' in its place; and
(c) Removing in paragraphs (a)(3)(ii), (d)(1) and (d)(3) the phrase
``48 CFR subpart'' and inserting ``48 CFR'' in its place. The revised
text reads as follows:
52.230-3 Disclosure and Consistency of Cost Accounting Practices.
* * * * *
DISCLOSURE AND CONSISTENCY OF COST ACCOUNTING PRACTICES (APR 1996)
(a) * * *
(1) Comply with the requirements of 48 CFR 9904.401, Consistency
in Estimating, Accumulating, and Reporting Costs; 48 CFR 9904.402,
Consistency in Allocating Costs Incurred for the Same Purpose; 48
CFR 9904.405, Accounting for Unallowable Costs; and 48 CFR 9904.406,
Cost Accounting Standard-Cost Accounting Period, in effect on the
date of award of this contract as indicated in 48 CFR Part 9904.
* * * * *-
52.230-5 [Redesignated as 52.230-6]
31. Section 52.230-5 is redesignated as 52.230-6 and a new section
52.230-5 is added to read as follows:
52.230-5 Cost Accounting Standards--Educational Institution.
As prescribed in 30.201-4(e), insert the following clause:
COST ACCOUNTING STANDARDS--EDUCATIONAL INSTITUTION (APR 1996)
(a) Unless the contract is exempt under 48 CFR 9903.201-1 and
9903.201-2, the provisions of 48 CFR Part 9903 are incorporated
herein by reference and the Contractor, in connection with this
contract, shall--
(1) (CAS-covered contracts only). If a business unit of an
educational institution required to submit a Disclosure Statement,
disclose in writing the Contractor's cost accounting practices as
required by 48 CFR 9903.202-1 through 9903.202-5, including methods
of distinguishing direct costs from indirect costs and the basis
used for accumulating and allocating indirect costs. The practices
disclosed for this contract shall be the same as the practices
currently disclosed and applied on all other contracts and
subcontracts being performed by the Contractor and which contain a
Cost Accounting Standards (CAS) clause. If the Contractor has
notified the Contracting Officer that the Disclosure Statement
contains trade secrets, and commercial or financial information
which is privileged and confidential, the Disclosure Statement shall
be protected and shall not be released outside of the Government.
(2) Follow consistently the Contractor's cost accounting
practices in accumulating and reporting contract performance cost
data concerning this contract. If any change in cost accounting
practices is made for the purposes of any contract or subcontract
subject to CAS requirements, the change must be applied
prospectively to this contract and the Disclosure Statement, if
required, must be amended accordingly. If an accounting principle
change mandated under Office of Management and Budget (OMB) Circular
A-21, Cost Principles for Educational Institutions, requires that a
change in the Contractor's cost accounting practices be made after
the date of this contract award, the change must be applied
prospectively to this contract and the Disclosure Statement, if
required, must be amended accordingly. If the contract price or cost
allowance of this contract is affected by such changes, adjustment
shall be made in accordance with subparagraph (a)(4) or (a)(5) of
this clause, as appropriate.
(3) Comply with all CAS, including any modifications and
interpretations indicated thereto contained in 48 CFR Part 9905 in
effect on the date of award of this contract or, if the Contractor
has submitted cost or pricing data, on the date of final agreement
on price as shown on the Contractor's signed certificate of current
cost or pricing data. The Contractor shall also comply with any CAS
(or modifications to CAS) which hereafter become applicable to a
contract or subcontract of the Contractor. Such compliance shall be
required prospectively from the date of applicability to such
contract or subcontract.
(4) (i) Agree to an equitable adjustment as provided in the
Changes clause of this contract if the contract cost is affected by
a change which, pursuant to subparagraph (a)(3) of this clause, the
Contractor is required to make to the Contractor's established cost
accounting practices.
(ii) Negotiate with the Contracting Officer to determine the
terms and conditions under which a change may be made to a cost
accounting practice, other than a change made under other provisions
of subparagraph (a)(4) of this clause; provided that no agreement
may be made under this provision that will increase costs paid by
the United States.
(iii) When the parties agree to a change to a cost accounting
practice, other than a change under subdivision (a)(4)(i) or
(a)(4)(iv) of this clause, negotiate an equitable adjustment as
provided in the Changes clause of this contract.
(iv) Agree to an equitable adjustment as provided in the Changes
clause of this contract, if the contract cost is materially affected
by an OMB Circular A-21 accounting principle amendment which, on
becoming effective after the date of contract award, requires the
Contractor to make a change to the Contractor's established cost
accounting practices.
(5) Agree to an adjustment of the contract price or cost
allowance, as appropriate, if the Contractor or a subcontractor
fails to comply with an applicable Cost Accounting Standard, or to
follow any cost accounting practice consistently and such failure
results in any increased costs paid by the United States. Such
adjustment shall provide for recovery of the increased costs to the
United States, together with interest thereon computed at the annual
rate established under section 6621 of the Internal Revenue Code of
1986 (26 U.S.C. 6621) for such period, from the time the payment by
the United States was made to the time the adjustment is effected.
In no case shall the Government recover costs greater than the
increased cost to the Government, in the aggregate, on the relevant
contracts subject to the price adjustment, unless the Contractor
made a change in its cost accounting practices of which it was aware
or should have been aware at the time of price negotiations and
which it failed to disclose to the Government.
(b) If the parties fail to agree whether the Contractor or a
subcontractor has complied with an applicable CAS or a CAS rule or
regulation in 48 CFR Part 9903, and as to any cost adjustment
demanded by the United States, such failure to agree will constitute
a dispute under the Contract Disputes Act (41 U.S.C. 601).
(c) The Contractor shall permit any authorized representatives
of the Government to examine and make copies of any documents,
papers, or records relating to compliance with the requirements of
this clause.
[[Page 18920]]
(d) The Contractor shall include in all negotiated subcontracts
which the Contractor enters into, the substance of this clause,
except paragraph (b), and shall require such inclusion in all other
subcontracts, of any tier, including the obligation to comply with
all applicable CAS in effect on the subcontractor's award date or,
if the subcontractor has submitted cost or pricing data, on the date
of final agreement on price as shown on the subcontractor's signed
Certificate of Current Cost or Pricing Data, except that--
(1) If the subcontract is awarded to a business unit which
pursuant to 48 CFR 9903.201-2 is subject to other types of CAS
coverage, the substance of the applicable clause set forth in 48 CFR
9903.201-4 shall be inserted; and
(2) This requirement shall apply only to negotiated subcontracts
in excess of $500,000 where the price negotiated is not based on--
(i) Established catalog or market prices of commercial items
sold in substantial quantities to the general public; or
(ii) Prices set by law or regulation, and except that the
requirement shall not apply to negotiated subcontracts otherwise
exempt from the requirement to include a CAS clause as specified in
48 CFR 9903.201-1.
(End of clause)
32. Newly designated section 52.230-6 is amended:
(a) By revising the date of the clause to read ``(APR 1996)'';
(b) In paragraph (a)(1) by removing the phrase ``to comply with a
new or modified CAS''; and removing the comma after the word
``Standards'' and inserting in its place ``; or subparagraph (a)(3) and
subdivisions (a)(4)(i) or (a)(4)(iv) of the clause at FAR 52.230-5,
Cost Accounting Standards-Educational Institution;'';
(c) In paragraph (a)(2) by adding an ``s'' to the end of the word
``clause'' the first time it appears; and adding after the word
``Standards,'' the phrase ``and FAR 52.230-5, Cost Accounting
Standards-Educational Institution;'';
(d) In paragraph (a)(3) by adding after the word ``Standards,'' the
phrase ``and FAR 52.230-5, Cost Accounting Standards-Educational
Institution;'';
(e) In the introductory text of paragraph (b) by adding after the
word ``ACO'' the phrase ``, or cognizant Federal agency official,'';
(f) By revising paragraphs (b)(1) and (b)(2);
(g) In paragraph (b)(3) by adding an ``s'' at the end of the word
``clause'' the first time it appears; and adding after the word
``Standards,'' the phrase ``and FAR 52.230-5, Cost Accounting
Standards-Educational Institution;''
(h) In paragraph (d) by removing ``CAS clause'' and inserting
``clauses'' in its place; and adding after the citation ``52.230-2,''
the phrase ``and 52.230-5;'';
(i) By revising the introductory text of paragraph (e) and the
first sentence of paragraph (e)(2)(iv); and
(j) In paragraph (g) by removing ``CAS clause,'' and inserting in
its place ``clauses at FAR 52.230-2 or 52.230-5,''.
The revised text reads as follows:
52.230-6 Administration of Cost Accounting Standards.
* * * * *
ADMINISTRATION OF COST ACCOUNTING STANDARDS (APR 1996)
* * * * *
(b) * * *
(1) Cost impact proposals submitted for changes in cost
accounting practices required in accordance with subparagraph (a)(3)
and subdivision (a)(4)(i) of the clause at FAR 52.230-2, Cost
Accounting Standards; or subparagraph (a)(3) and subdivisions
(a)(4)(i) or (a)(4)(iv) of the clause at FAR 52.230-5, Cost
Accounting Standards-Educational Institution; shall identify the
applicable standard or cost principle and all contracts and
subcontracts containing the clauses entitled Cost Accounting
Standards or Cost Accounting Standards-Educational Institution,
which have an award date before the effective date of that standard
or cost principle.
(2) Cost impact proposals submitted for any change in cost
accounting practices proposed in accordance with subdivisions (a)(4)
(ii) or (iii) of the clauses at FAR 52.230-2, Cost Accounting
Standards, and FAR 52.230-5, Cost Accounting Standards-Educational
Institution; or with subparagraph (a)(3) of the clause at FAR
52.230-3, Disclosure and Consistency of Cost Accounting Practices;
shall identify all contracts and subcontracts containing the clauses
at FAR 52.230-2, Cost Accounting Standards, FAR 52.230-5, Cost
Accounting Standards-Educational Institution, and FAR 52.230-3,
Disclosure and Consistency of Cost Accounting Practices.
* * * * *
(e) For all subcontracts subject to the clauses at FAR 52.230-2,
52.230-3, or 52.230-5--
* * * * *
(2) * * *
(iv) Any changes the subcontractor has made or proposes to make
to cost accounting practices that affect prime contracts or
subcontracts containing the clauses at FAR 52.230-2, 52.230-3, or
52.230-5, unless these changes have already been reported.
* * * * *
[FR Doc. 96-10429 Filed 4-26-96; 8:45 am]
BILLING CODE 6820-EP-P
Complete official Federal Register PDF
FR Doc. 96-10428 Federal Acquisition Regulation; Modification of Existing Contracts
[Federal Register Volume 61, Number 83 (Monday, April 29, 1996)]
[Rules and Regulations]
[Pages 18915-18916]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10428]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
48 CFR Part 43
[FAC 90-38; FAR Case 94-723; Item I]
RIN 9000-AG90
Federal Acquisition Regulation; Modification of Existing
Contracts
AGENCIES: Department of Defense (DOD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Interim rule.
-----------------------------------------------------------------------
SUMMARY: This interim rule is issued pursuant to the Federal
Acquisition Streamlining Act of 1994 (FASA) (Public Law 103-355) to
amend the Federal Acquisition Regulation (FAR). It implements Section
10002 of FASA which authorizes regulations to provide for modification
of existing contracts without requiring consideration, upon request of
the contractor, to incorporate changes authorized by FASA. This
regulatory action was subject to Office of Management and Budget review
under Executive Order 12866, dated September 30, 1993. It is not a
major rule under 5 U.S.C. 804.
DATES: Effective Date: April 29, 1996.
Comment Date: Comments should be submitted to the FAR Secretariat
at the address shown below on or before June 28, 1996 to be considered
in the formulation of a final rule.
ADDRESSES: Interested parties should submit written comments to:
General Services Administration, FAR Secretariat (VRS), 18th & F
Streets NW., Room 4037, Attn: Ms. Beverly Fayson, Washington, DC 20405.
Please cite FAC 90-38, FAR case 94-723, in all correspondence
related to this case.
FOR FURTHER INFORMATION CONTACT: Mr. Al Winston at (703) 602-2119 in
reference to this FAR case. For general information, contact the FAR
Secretariat, Room 4037, GS Building, Washington, DC 20405 (202) 501-
4755. Please cite FAC 90-38, FAR case 94-723.
SUPPLEMENTARY INFORMATION:
A. Background
Section 10002 of FASA states that regulations implementing FASA may
provide for modification of existing contracts without consideration,
upon request of the contractor, to incorporate changes authorized by
FASA. Section 10002 also states that nothing in FASA requires the
renegotiation or modification of existing contracts to incorporate
changes authorized by FASA. The interim rule adopts the policy of
encouraging, but not requiring, appropriate modifications without
consideration, upon the request of the contractor. If the contracting
officer determines that modification of an existing contract is
appropriate to incorporate changes authorized by FASA, the modification
should insert the current version of the applicable FAR clauses.
B. Regulatory Flexibility Act
The changes may have a significant economic impact on a substantial
number of small entities within the meaning of the Regulatory
Flexibility Act, 5 U.S.C. 601 et seq., because it will require
contractors seeking to amend existing contracts to so notify the
contracting officer. An Initial Regulatory Flexibility Analysis (IRFA)
has been prepared. A copy of the IRFA may be obtained from the FAR
Secretariat. Comments are invited. Comments from small entities
concerning the affected FAR subparts will be considered in accordance
with 5 U.S.C. 610. Such comments must be submitted separately and cite
5 U.S.C. 601, et seq. (FAC 90-38, FAR case 94-723), in correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to
the FAR do not impose recordkeeping or information collection
requirements, or collections of information from offerors, contractors,
or members of the public which require the approval of the Office of
Management and Budget under 44 U.S.C. 3501, et seq.
D. Determination To Issue an Interim Rule
A determination has been made under the authority of the Secretary
of Defense (DOD), the Administrator of General Services (GSA), and the
Administrator of the National Aeronautics and Space Administration
(NASA) that compelling reasons exist to promulgate this interim rule
without prior opportunity for public comment. This action is necessary
because immediate implementation as an interim rule will provide
significant benefits to industry and the Government. Section 10002 of
FASA, authorizes contracting officers, if requested by the prime
contractor to modify contracts without requiring consideration, to
incorporate changes authorized by FASA. The regulatory implementation
of FASA has been a success for both industry and the Government.
Implementation of FASA Section 10002 as an interim rule will enable
industry and the Government to gain immediate benefits, including the
potential reduction of procurement costs. The interim rule authorizes
the adoption of any of the FASA rules that will benefit the contracting
parties. The interim rule should involve no substantial risk to
industry, since contractors must affirmatively request adoption of the
FASA rules to an existing contract. It has been through the process of
the consideration and adoption of the FAR rules to implement FASA, that
the potential benefits from this interim rule became apparent. However,
pursuant to Public Law 98-577 and FAR 1.501, public comments received
in response to this interim rule will be considered in the formulation
of the final rule.
List of Subjects in 48 CFR Part 43
Government procurement.
Dated: April 18, 1996.
Edward C. Loeb,
Deputy Project Manager for Implementation of the Federal Acquisition
Streamlining Act of 1994.
Therefore, 48 CFR Part 43 is amended as set forth below:
PART 43--CONTRACT MODIFICATIONS
1. The authority citation for 48 CFR Part 43 continues to read as
follows:
Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
2. Section 43.102 is amended by adding paragraph (c) to read as
follows:
43.102 Policy.
* * * * *
(c) The Federal Acquisition Streamlining Act of 1994, Public Law
103-355 (FASA), authorizes, but does not require, contracting officers,
if requested by the prime contractor, to
[[Page 18916]]
modify contracts without requiring consideration to incorporate changes
authorized by FASA amendments into existing contracts. Contracting
officers are encouraged, if appropriate, to modify contracts without
requiring consideration to incorporate these new policies. The contract
modification should be accomplished by inserting into the contract, as
a minimum, the current version of the applicable FAR clauses.
[FR Doc. 96-10428 Filed 4-26-96; 8:45 am]
BILLING CODE 6820-EP-P
Complete official Federal Register PDF
FR Doc. 96-10427 Federal Acquisition Regulation; Introduction of Miscellaneous Amendments
[Federal Register Volume 61, Number 83 (Monday, April 29, 1996)]
[Rules and Regulations]
[Pages 18914-18915]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10427]
[[Page 18913]]
_______________________________________________________________________
Part VI
Department of Defense
General Services Administration
National Aeronautics and Space Administration
_______________________________________________________________________
48 CFR Chapter 1, et al.
Federal Acquisition Regulation (FAR); Final Rules
Federal Register / Vol. 61, No. 83 / Monday, April 29, 1996 / Rules
and Regulations
[[Page 18914]]
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
[Federal Acquisition Circular 90-38]
Federal Acquisition Regulation; Introduction of Miscellaneous
Amendments
AGENCIES: Department of Defense (DOD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Summary presentation of rules.
-----------------------------------------------------------------------
SUMMARY: This document serves to introduce the rules which follow and
which comprise Federal Acquisition Circular (FAC) 90-38. The Federal
Acquisition Regulatory Council has agreed to issue FAC 90-38 to amend
the Federal Acquisition Regulation (FAR).
DATES: For effective dates, see individual documents following this
one.
FOR FURTHER INFORMATION CONTACT: The individual whose name appears in
relation to each FAR case or subject area. For general information,
contact the FAR Secretariat, Room 4037, GS Building, Washington, DC
20405 (202) 501-4755. Please cite FAC 90-38 and FAR case number(s).
SUPPLEMENTARY INFORMATION: Federal Acquisition Circular 90-38 amends
the Federal Acquisition Regulation (FAR) as specified below:
----------------------------------------------------------------------------------------------------------------
Item Subject FAR case Contact point
----------------------------------------------------------------------------------------------------------------
I................... Modification of Existing 94-723 Al Winston, (703) 602-2119.
Contracts.
II.................. Application of Cost Accounting 95-002 Jeremy Olson, (202) 501-3221.
Standards Board Regulations
to Educational Institutions.
III................. Assignment of Claims-- 94-767 John Galbraith, (703) 697-6710.
Presidential Delegation.
IV.................. Interest Clause Revisions..... 92-045 Jeremy Olson, (202) 501-3221.
----------------------------------------------------------------------------------------------------------------
Case Summaries
For the actual revisions and/or amendments to these FAR cases,
refer to the specific item number and subject set forth in the
documents following these item summaries.
Item I--Modification of Existing Contracts (FAR Case 94-723)
This interim rule amends FAR 43.102 to implement section 10002 of
the Federal Acquisition Streamlining Act of 1994, Public Law 103-355
(FASA). Section 10002 states that final regulations implementing FASA
may provide for modification of existing contracts without
consideration, upon request of the contractor, to incorporate changes
authorized by FASA. Section 10002 also states that nothing in FASA
requires the renegotiation or modification of existing contracts to
incorporate changes authorized by FASA. The interim rule adopts the
policy of encouraging, but not requiring, appropriate modifications
without consideration, upon the request of the contractor. If the
contracting officer determines that modification of an existing
contract is appropriate to incorporate changes authorized by FASA, the
modification should insert the current version of the applicable FAR
clauses.
Item II--Application of Cost Accounting Standards Board Regulations to
Educational Institutions (FAR Case 95-002)
This final rule amends FAR Parts 1, 30, 42, and 52 to implement
changes made to the Cost Accounting Standards. The Office of Federal
Procurement Policy, Cost Accounting Standards Board (CASB), has amended
the regulatory provisions contained in Chapter 99 of Title 48 of the
Code of Federal Regulations (FAR Appendix B). The amendments apply to
educational institutions receiving a negotiated Federal contract or
subcontract award in excess of $500,000 (excluding contracts awarded
for the operation of Federally Funded Research and Development Centers
(FFRDCs) which are already subject to CASB regulations) and require
that such educational institutions comply with certain specified CASB
rules, regulations, and Cost Accounting Standards. The amendments to
the CASB regulations became effective on January 9, 1995. (The entire
FAR Appendix B will be issued in the loose-leaf pages of FAC 90-38.)
Item III--Assignment of Claims-Presidential Delegation (FAR Case 94-
767)
This final rule amends FAR Subpart 32.8 to reflect the Presidential
delegation of authority to make determinations of need for contractual
no-setoff commitments, and to provide guidance for determinations of
need made in accordance with the Presidential delegation dated October
3, 1995.
Item IV--Interest Clause Revisions (FAR Case 92-045)
This final rule amends FAR Subpart 32.6 and the clause at 52.232-17
to clarify that certain cost accounting standards clauses provide for
the use of differing interest rates under differing circumstances.
Dated: April 18, 1996.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.
Federal Acquisition Circular
Number 90-38
Federal Acquisition Circular (FAC) 90-38 is issued under the
authority of the Secretary of Defense, the Administrator of General
Services, and the Administrator for the National Aeronautics and Space
Administration.
FAR Cases 94-723 and 95-002 are effective April 29, 1996; and FAR
Cases 94-767 and 92-045 are effective June 28, 1996.
[[Page 18915]]
Dated: April 17, 1996.
Eleanor R. Spector,
Director, Defense Procurement.
Dated: April 16, 1996.
Ida M. Ustad,
Deputy Associate Administrator, Office of Acquisition Policy, GSA.
Dated: April 18, 1996.
Deidre A. Lee,
Associate Administrator for Procurement, National Aeronautics and Space
Administration.
[FR Doc. 96-10427 Filed 4-26-96; 8:45 am]
BILLING CODE 6820-EP-P
Complete official Federal Register PDF
FR Doc. 96-10395 Lease Term; Exchanges of Tax-Exempt Use Property
[Federal Register Volume 61, Number 83 (Monday, April 29, 1996)]
[Rules and Regulations]
[Pages 18675-18678]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10395]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
[TD 8667]
RIN 1545-AT33
Lease Term; Exchanges of Tax-Exempt Use Property
AGENCY: Internal Revenue Service (IRS), Treasury.
ACTION: Final regulations.
-----------------------------------------------------------------------
SUMMARY: This document contains final regulations relating to the lease
term of tax-exempt use property. The final regulations also provide
guidance regarding certain like-kind exchanges among related parties
involving tax-exempt use property.
DATES: These regulations are effective April 29, 1996.
For dates of applicability see ``Effective dates'' section under
the SUPPLEMENTARY INFORMATION portion of the preamble and
Secs. 1.168(h)-1(e) and 1.168(i)-2(g).
FOR FURTHER INFORMATION CONTACT: John M. Aramburu of the Office of
Assistant Chief Counsel (Income Tax and Accounting) at (202) 622-4960
(not a toll-free number).
SUPPLEMENTARY INFORMATION:
Background
This document contains final regulations under section 168 of the
Internal Revenue Code of 1986 (Code). The regulations provide guidance
relating to certain exchanges of tax-exempt use property among related
parties and the determination of lease term under certain
circumstances. Proposed regulations (IA-18-95) were published in the
Federal Register on April 21, 1995 (60 FR 19868). The IRS received a
number of comments on the proposed regulations. A scheduled public
hearing was cancelled because there were no requests to testify. After
consideration of all the comments, the regulations proposed by IA-18-95
are adopted as revised by this Treasury decision. The revisions are
discussed below.
Overview
Under section 168, property used in a trade or business, or held
for the production of income, generally may be depreciated under the
general depreciation system (GDS) using accelerated methods over
relatively short recovery periods. However, certain property, including
``tax-exempt use property,'' must be depreciated under the alternative
depreciation system (ADS) described in section 168(g). Section
168(h)(1)(A) generally defines tax-exempt use property to include
tangible property (other than nonresidential real property) leased to a
tax-exempt entity. For this purpose, certain foreign entities and
persons are considered tax-exempt entities.
Congress subjected tax-exempt use property to a slower depreciation
system than GDS to prevent tax-exempt entities from indirectly claiming
tax benefits (in the form of reduced rentals) ``from investment
incentives for which they [would] not qualify directly, and effectively
gain[ing] the advantage of taking income tax deductions and credits
while having no corresponding liability to pay any tax on income from
the property.'' S. Rep. No. 169 (Vol. 1), 98th Cong., 2d Sess. 123
(1984).
In particular, section 168(g)(3)(A) provides that tax-exempt use
property subject to a lease must be depreciated using the straight-line
method over a period equal to the greater of the property's class life
or 125 percent of the lease term. Under section 168(i)(3), options to
renew generally must be taken into account in determining the lease
term and the periods of certain successive leases must be aggregated
with the period of an original lease.
Lease Term
The proposed regulations generally include an additional period of
time during which a lessee may not continue to be the lessee in the
lease term if the lessee (or a related person) has agreed that one or
both of them will or could be obligated to make a payment of rent, or a
payment in the nature of rent, with respect to such period. The
arrangements described in the proposed regulations are frequently
referred to as ``replacement leases.'' One commentator requested that
the portion of the proposed regulations dealing with replacement leases
be withdrawn. The commentator argued that Congress would not have
intended that the term of the replacement lease be taken into account
in determining lease term. The IRS and Treasury believe that the
proposed regulations are consistent with Congressional intent, and thus
the final regulations retain this portion of the proposed regulations.
Another commentator indicated that application of the proposed
regulations was unclear where property is subject to multiple leases,
possibly involving multiple parties. The final regulations clarify that
if property is subject to more than one lease (including any sublease)
entered into as part of a single transaction (or a series of related
transactions), the lease term shall include all periods described in
one or more of such leases. Thus, for example, if one taxable
corporation leases property to another taxable corporation for a 20-
year term and, as part of the same transaction, the lessee subleases
the property to a tax-exempt entity for a 10-year term, then the lease
term of the property is 20 years, and during the period of tax-exempt
use it must be depreciated using the straight line method over the
greater of its class life or 25 years.
Finally, the final regulations provide that lease term also
includes any period during which the lessee (or a related party) has
assumed or retained any risk of loss with respect to the property
(including, for example, by holding a note secured by the property).
The IRS and Treasury believe that such an arrangement is generally
similar to the replacement leases described in the proposed
regulations. As in the case of a replacement lease, the lessee is
assuming risk with respect to the value of the property at the
termination of the initial lease term. In addition, the term of the
debt provides an objective indication that the useful life of the
property exceeds the original term of the lease, in which case failure
to include the term of the debt in the lease term
[[Page 18676]]
could allow a tax-exempt lessee to benefit from depreciation deductions
that exceed economic depreciation, which would be contrary to
Congressional intent.
Like-kind Exchanges
The proposed regulations also address certain transactions between
related persons that are designed to circumvent the tax-exempt use
property rules through the use of a like-kind exchange described in
section 1031. The proposed regulations provide that property (tainted
property) transferred directly or indirectly to the taxpayer by a
related person (the related party) as part of, or in connection with, a
transaction described in section 1031 where the related party receives
tax-exempt use property (related tax-exempt use property) will, if the
tainted property is subject to an allowance for depreciation, be
treated in the same manner as the related tax-exempt use property for
purposes of determining the allowable depreciation deduction under
section 167(a). Under this rule, the tainted property is depreciated by
the taxpayer over the remaining recovery period of, and using the same
depreciation method and convention as that of, the related tax-exempt
use property.
The rule applies only with respect to direct or indirect transfers
of property involving related persons where (1) section 1031 applies to
any party, and (2) a principal purpose of the transfer is to avoid or
limit the application of ADS. For purposes of this rule, a person is
related to another person if they bear a relationship specified in
section 267(b) or section 707(b)(1). An exchange between members of a
consolidated group in a taxable year beginning on or after July 12,
1995, will not be subject to this provision because section 1031 does
not apply to intercompany transactions. See Sec. 1.1502-80(f).
No comments were received with respect to the treatment of like-
kind exchanges under the proposed regulations. Accordingly, these
provisions of the proposed regulations are adopted without modification
by this Treasury decision.
Effective Dates
The definition of lease term is generally applicable to leases
entered into on or after April 20, 1995. The changes made by the final
regulations apply to leases entered into after April 26, 1996. The
treatment of like-kind exchanges is applicable to transfers made on or
after April 20, 1995. No inference is intended by these effective dates
as to the treatment of any transaction under prior law. The regulations
do not preclude the application of common law doctrines (such as the
substance over form or step transaction doctrines) and other
authorities to transactions described in the regulations (e.g., as to
whether a particular transaction should be characterized as a lease or
a conditional sale for federal income tax purposes).
Special Analyses
It has been determined that this Treasury decision is not a
significant regulatory action as defined in EO 12866. Therefore, a
regulatory assessment is not required. It has also been determined that
section 553(b) of the Administrative Procedure Act (5 U.S.C. chapter 5)
and the Regulatory Flexibility Act (5 U.S.C. chapter 6) do not apply to
these regulations, and therefore, a Regulatory Flexibility Analysis is
not required. Pursuant to section 7805(f) of the Internal Revenue Code,
the notice of proposed rulemaking preceding these regulations was
submitted to the Small Business Administration for comment on its
impact on small business.
Drafting Information: The principal author of these regulations
is John M. Aramburu of the Office of Assistant Chief Counsel (Income
Tax and Accounting). However, other personnel from the IRS and
Treasury Department participated in their development.
List of Subjects in 26 CFR Part 1
Income taxes, Reporting and recordkeeping requirements.
Adoption of Amendments to the Regulations
Accordingly, 26 CFR part 1 is amended as follows:
PART 1--INCOME TAXES
Paragraph 1. The authority citation for part 1 is amended by adding
entries in numerical order to read as follows:
Authority: 26 U.S.C. 7805 * * *.
Section 1.168(h)-1 also issued under 26 U.S.C. 168. * * *
Section 1.168(i)-2 also issued under 26 U.S.C. 168. * * *
Par. 2. Sections 1.168(h)-1 and 1.168(i)-2 are added to read as
follows:
Sec. 1.168(h)-1 Like-kind exchanges involving tax-exempt use property.
(a) Scope. (1) This section applies with respect to a direct or
indirect transfer of property among related persons, including
transfers made through a qualified intermediary (as defined in
Sec. 1.1031(k)-1(g)(4)) or other unrelated person, (a transfer) if--
(i) Section 1031 applies to any party to the transfer or to any
related transaction; and
(ii) A principal purpose of the transfer or any related transaction
is to avoid or limit the application of the alternative depreciation
system (within the meaning of section 168(g)).
(2) For purposes of this section, a person is related to another
person if they bear a relationship specified in section 267(b) or
section 707(b)(1).
(b) Allowable depreciation deduction for property subject to this
section--(1) In general. Property (tainted property) transferred
directly or indirectly to a taxpayer by a related person (related
party) as part of, or in connection with, a transaction in which the
related party receives tax-exempt use property (related tax-exempt use
property) will, if the tainted property is subject to an allowance for
depreciation, be treated in the same manner as the related tax-exempt
use property for purposes of determining the allowable depreciation
deduction under section 167(a). Under this paragraph (b), the tainted
property is depreciated by the taxpayer over the remaining recovery
period of, and using the same depreciation method and convention as
that of, the related tax-exempt use property.
(2) Limitations--(i) Taxpayer's basis in related tax-exempt use
property. The rules of this paragraph (b) apply only with respect to so
much of the taxpayer's basis in the tainted property as does not exceed
the taxpayer's adjusted basis in the related tax-exempt use property
prior to the transfer. Any excess of the taxpayer's basis in the
tainted property over its adjusted basis in the related tax-exempt use
property prior to the transfer is treated as property to which this
section does not apply. This paragraph (b)(2)(i) does not apply if the
related tax-exempt use property is not acquired from the taxpayer
(e.g., if the taxpayer acquires the tainted property for cash but
section 1031 nevertheless applies to the related party because the
transfer involves a qualified intermediary).
(ii) Application of section 168(i)(7). This section does not apply
to so much of the taxpayer's basis in the tainted property as is
subject to section 168(i)(7).
(c) Related tax-exempt use property. (1) For purposes of paragraph
(b) of this section, related tax-exempt use property includes--
(i) Property that is tax-exempt use property (as defined in section
168(h)) at the time of the transfer; and
(ii) Property that does not become tax-exempt use property until
after the transfer if, at the time of the transfer, it
[[Page 18677]]
was intended that the property become tax-exempt use property.
(2) For purposes of determining the remaining recovery period of
the related tax-exempt use property in the circumstances described in
paragraph (c)(1)(ii) of this section, the related tax-exempt use
property will be treated as having, prior to the transfer, a lease term
equal to the term of any lease that causes such property to become tax-
exempt use property.
(d) Examples. The following examples illustrate the application of
this section. The examples do not address common law doctrines or other
authorities that may apply to recharacterize or alter the effects of
the transactions described therein. Unless otherwise indicated, parties
to the transactions are not related to one another.
Example 1. (i) X owns all of the stock of two subsidiaries, B
and Z. X, B and Z do not file a consolidated federal income tax
return. On May 5, 1995, B purchases an aircraft (FA) for $1 million
and leases it to a foreign airline whose income is not subject to
United States taxation and which is a tax-exempt entity as defined
in section 168(h)(2). On the same date, Z owns an aircraft (DA) with
a fair market value of $1 million, which has been, and continues to
be, leased to an airline that is a United States taxpayer. Z's
adjusted basis in DA is $0. The next day, at a time when each
aircraft is still worth $1 million, B transfers FA to Z (subject to
the lease to the foreign airline) in exchange for DA (subject to the
lease to the airline that is a United States taxpayer). Z realizes
gain of $1 million on the exchange, but that gain is not recognized
pursuant to section 1031(a) because the exchange is of like-kind
properties. Assume that a principal purpose of the transfer of DA to
B or of FA to Z is to avoid the application of the alternative
depreciation system. Following the exchange, Z has a $0 basis in FA
pursuant to section 1031(d). B has a $1 million basis in DA.
(ii) B has acquired property from Z, a related person; Z's gain
is not recognized pursuant to section 1031(a); Z has received tax-
exempt use property as part of the transaction; and a principal
purpose of the transfer of DA to B or of FA to Z is to avoid the
application of the alternative depreciation system. Accordingly, the
transaction is within the scope of this section. Pursuant to
paragraph (b) of this section, B must recover its $1 million basis
in DA over the remaining recovery period of, and using the same
depreciation method and convention as that of, FA, the related tax-
exempt use property.
(iii) If FA did not become tax-exempt use property until after
the exchange, it would still be related tax-exempt use property and
paragraph (b) of this section would apply if, at the time of the
exchange, it was intended that FA become tax-exempt use property.
Example 2. (i) X owns all of the stock of two subsidiaries, B
and Z. X, B and Z do not file a consolidated federal income tax
return. B and Z each own identical aircraft. B's aircraft (FA) is
leased to a tax-exempt entity as defined in section 168(h)(2) and
has a fair market value of $1 million and an adjusted basis of
$500,000. Z's aircraft (DA) is leased to a United States taxpayer
and has a fair market value of $1 million and an adjusted basis of
$10,000. On May 1, 1995, B and Z exchange aircraft, subject to their
respective leases. B realizes gain of $500,000 and Z realizes gain
of $990,000, but neither person recognizes gain because of the
operation of section 1031(a). Moreover, assume that a principal
purpose of the transfer of DA to B or of FA to Z is to avoid the
application of the alternative depreciation system.
(ii) As in Example 1, B has acquired property from Z, a related
person; Z's gain is not recognized pursuant to section 1031(a); Z
has received tax-exempt use property as part of the transaction; and
a principal purpose of the transfer of DA to B or of FA to Z is to
avoid the application of the alternative depreciation system. Thus,
the transaction is within the scope of this section even though B
has held tax-exempt use property for a period of time and, during
that time, has used the alternative depreciation system with respect
to such property. Pursuant to paragraph (b) of this section, B,
which has a substituted basis determined pursuant to section 1031(d)
of $500,000 in DA, must depreciate the aircraft over the remaining
recovery period of FA, using the same depreciation method and
convention. Z holds tax-exempt use property with a basis of $10,000,
which must be depreciated under the alternative depreciation system.
(iii) Assume the same facts as in paragraph (i) of this Example
2, except that B and Z are members of an affiliated group that files
a consolidated federal income tax return. Of B's $500,000 basis in
DA, $10,000 is subject to section 168(i)(7) and therefore not
subject to this section. The remaining $490,000 of basis is subject
to this section. But see Sec. 1.1502-80(f) making section 1031
inapplicable to intercompany transactions occurring in consolidated
return years beginning on or after July 12, 1995.
(e) Effective date. This section applies to transfers made on or
after April 20, 1995.
Sec. 1.168(i)-2 Lease term.
(a) In general. For purposes of section 168, a lease term is
determined under all the facts and circumstances. Paragraph (b) of this
section and Sec. 1.168(j)-1T, Q&A 17, describe certain circumstances
that will result in a period of time not included in the stated
duration of an original lease (additional period) nevertheless being
included in the lease term. These rules do not prevent the inclusion of
an additional period in the lease term in other circumstances.
(b) Lessee retains financial obligation--(1) In general. An
additional period of time during which a lessee may not continue to be
the lessee will nevertheless be included in the lease term if the
lessee (or a related person)--
(i) Has agreed that one or both of them will or could be obligated
to make a payment of rent or a payment in the nature of rent with
respect to such period; or
(ii) Has assumed or retained any risk of loss with respect to the
property for such period (including, for example, by holding a note
secured by the property).
(2) Payments in the nature of rent. For purposes of paragraph
(b)(1)(i) of this section, a payment in the nature of rent includes a
payment intended to substitute for rent or to fund or supplement the
rental payments of another. For example, a payment in the nature of
rent includes a payment of any kind (whether denominated as
supplemental rent, as liquidated damages, or otherwise) that is
required to be made in the event that--
(i) The leased property is not leased for the additional period;
(ii) The leased property is leased for the additional period under
terms that do not satisfy specified terms and conditions;
(iii) There is a failure to make a payment of rent with respect to
such additional period; or
(iv) Circumstances similar to those described in paragraph (b)(2)
(i), (ii), or (iii) of this section occur.
(3) De minimis rule. For the purposes of this paragraph (b),
obligations to make de minimis payments will be disregarded.
(c) Multiple leases or subleases. If property is subject to more
than one lease (including any sublease) entered into as part of a
single transaction (or a series of related transactions), the lease
term includes all periods described in one or more of such leases. For
example, if one taxable corporation leases property to another taxable
corporation for a 20-year term and, as part of the same transaction,
the lessee subleases the property to a tax-exempt entity for a 10-year
term, then the lease term of the property for purposes of section 168
is 20 years. During the period of tax-exempt use, the property must be
depreciated under the alternative depreciation system using the
straight line method over the greater of its class life or 25 years
(125 percent of the 20-year lease term).
(d) Related person. For purposes of paragraph (b) of this section,
a person is related to the lessee if such person is described in
section 168(h)(4).
(e) Changes in status. Section 168(i)(5) (changes in status)
applies if an additional period is included in a lease term under this
section and the leased property ceases to be tax-exempt use property
for such additional period.
[[Page 18678]]
(f) Example. The following example illustrates the principles of
this section. The example does not address common law doctrines or
other authorities that may apply to cause an additional period to be
included in the lease term or to recharacterize a lease as a
conditional sale or otherwise for federal income tax purposes. Unless
otherwise indicated, parties to the transactions are not related to one
another.
Example. Financial obligation with respect to an additional
period--(i) Facts. X, a taxable corporation, and Y, a foreign
airline whose income is not subject to United States taxation, enter
into a lease agreement under which X agrees to lease an aircraft to
Y for a period of 10 years. The lease agreement provides that, at
the end of the lease period, Y is obligated to find a subsequent
lessee (replacement lessee) to enter into a subsequent lease
(replacement lease) of the aircraft from X for an additional 10-year
period. The provisions of the lease agreement require that any
replacement lessee be unrelated to Y and that it not be a tax-exempt
entity as defined in section 168(h)(2). The provisions of the lease
agreement also set forth the basic terms and conditions of the
replacement lease, including its duration and the required rental
payments. In the event Y fails to secure a replacement lease, the
lease agreement requires Y to make a payment to X in an amount
determined under the lease agreement.
(ii) Application of this section. The lease agreement between X
and Y obligates Y to make a payment in the event the aircraft is not
leased for the period commencing after the initial 10-year lease
period and ending on the date the replacement lease is scheduled to
end. Accordingly, pursuant to paragraph (b) of this section, the
term of the lease between X and Y includes such additional period,
and the lease term is 20 years for purposes of section 168.
(iii) Facts modified. Assume the same facts as in paragraph (i)
of this Example, except that Y is required to guarantee the payment
of rentals under the 10-year replacement lease and to make a payment
to X equal to the present value of any excess of the replacement
lease rental payments specified in the lease agreement between X and
Y, over the rental payments actually agreed to be paid by the
replacement lessee. Pursuant to paragraph (b) of this section, the
term of the lease between X and Y includes the additional period,
and the lease term is 20 years for purposes of section 168.
(iv) Changes in status. If, upon the conclusion of the stated
duration of the lease between X and Y, the aircraft either is
returned to X or leased to a replacement lessee that is not a tax-
exempt entity as defined in section 168(h)(2), the subsequent method
of depreciation will be determined pursuant to section 168(i)(5).
(g) Effective date--(1) In general. Except as provided in paragraph
(g)(2) of this section, this section applies to leases entered into on
or after April 20, 1995.
(2) Special rules. Paragraphs (b)(1)(ii) and (c) of this section
apply to leases entered into after April 26, 1996.
Margaret Milner Richardson,
Commissioner of Internal Revenue.
Approved: March 26, 1996.
Leslie Samuels,
Assistant Secretary of the Treasury.
[FR Doc. 96-10395 Filed 4-26-96; 8:45 am]
BILLING CODE 4830-01-U
Complete official Federal Register PDF
FR Doc. 96-10366 Domestic Relations Orders Affecting Thrift Savings Plan Accounts
[Federal Register Volume 61, Number 83 (Monday, April 29, 1996)]
[Rules and Regulations]
[Page 18912]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10366]
[[Page 18911]]
_______________________________________________________________________
Part V
Federal Retirement Thrift Investment Board
_______________________________________________________________________
5 CFR Part 1653
Domestic Relations Orders Affecting Thrift Savings Plan Accounts; Final
Rule
Federal Register / Vol. 61, No. 83 / Monday, April 29, 1996 / Rules
and Regulations
[[Page 18912]]
FEDERAL RETIREMENT THRIFT INVESTMENT BOARD
5 CFR Part 1653
Domestic Relations Orders Affecting Thrift Savings Plan Accounts
AGENCY: Federal Retirement Thrift Investment Board.
ACTION: Final rule.
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Summary: The Executive Director of the Federal Retirement Thrift
Investment Board (Board) is amending the Board's regulations governing
payments from the Thrift Savings Plan (TSP) pursuant to retirement
benefits court orders and in response to legal process for the
enforcement of a participant's legal obligations to provide child
support or make alimony payments. This final rule amends Board
regulations to provide for elimination of the mandatory 30-day tax
notification period.
EFFECTIVE DATE: These final rules are effective April 29, 1996.
FOR FURTHER INFORMATION CONTACT: Thomas L. Gray, Assistant General
Counsel for Administration. (202) 942-1662. FAX (202) 942-1676.
SUPPLEMENTARY INFORMATION: The Board administers the Thrift Savings
Plan (TSP) pursuant to the Federal Employees' Retirement System Act of
1986, Pub. L. 99-335, 100 Stat. 514 (codified primarily at 5 U.S.C.
8401-8479 (1994)).
Under 5 U.S.C. 8467(a) and 8435(c), a court decree of divorce,
annulment, or legal separation, or a court order or court-approved
property settlement agreement incident to such a court decree can award
benefits from a TSP participant's account to someone other than the
participant, such as the participant's spouse or former spouse. The
Board refers to these court orders as retirement benefits court orders,
and final regulations governing them were published by the Board at 60
FR 13604 (1995) (to be codified at 5 CFR part 1653, subpart A).
Under 8437(e)(3), sums in the TSP also are subject to legal process
for the enforcement of a participant's or beneficiary's past-due legal
obligations to provide child support or make alimony payments. The
final regulations governing such legal process were published at 60 FR
66061 (1995) (to be codified at 5 CFR part 1653, subpart B). This final
rule amends both the final rule governing retirement benefits court
orders and the final rule governing legal process.
Existing regulations at section 1653.5, Procedures for payment
pursuant to retirement benefits court orders, and section 1653.25,
Payment pursuant to qualifying legal process, provide that payment will
be made no sooner than 30 days after the Board's decision has been
issued and the appropriate tax withholding notification has been
provided. This minimum waiting period is provided because under
Internal Revenue Code provisions the payee will often have the right to
elect to transfer the payment to an Individual Retirement Account (IRA)
or other eligible retirement plan, or to make a tax withholding
election. The existing regulations do not permit the taxpayer to
shorten this period. This rule change allows the taxpayer to waive this
period and receive a TSP payment sooner. Accordingly, following the
Board's decision, the payee will be provided Form TSP-13-S, Notice of
Pending Court-Order Thrift Savings Plan Payment and Tax Withholding
Information. The taxpayer may waive the notice period by submitting the
waiver statement on that form or by submitting a letter containing an
explicit waiver statement.
Regulatory Flexibility Act
I certify that these regulations will not have a significant
economic impact on a substantial number of small entities. They will
affect only internal Board procedures for payments pursuant to court
orders and in response to legal process and provide an opportunity to
waive the tax notification period, and thus, shorten the period for
receipt of these payments.
Paperwork Reduction Act
I certify that these regulations do not require additional
reporting under the criteria of the Paperwork Reduction Act of 1980.
Waiver of Notice of Proposed Rulemaking and 30-Day Delay of
Effective Date
Under 5 U.S.C. 553(b)(3)(B) and (d)(3), I find that good cause
exists for waiving the general notice of proposed rulemaking and for
making these regulations effective in less than 30 days. The purpose of
these changes is to provide an opportunity to shorten the time for
payments pursuant to domestic relations court orders. The Board
believes this opportunity should be made available without delay.
Unfunded Mandates Reform Act of 1995
Pursuant to the Unfunded Mandates Reform Act of 1995, Pub. L. No.
104-4, section 201, 109 Stat. 48, 64, the effect of this regulation on
State, local, and tribal governments and on the private sector has been
assessed. This regulation will not compel the expenditure in any one
year of $100 million or more by any State, local, or tribal governments
in the aggregate or by the private sector. Therefore, a statement under
section 202, 109 Stat. 48, 64-65, is not required.
List of Subjects in 5 CFR Part 1653
Employee benefit plans, Government employees, Retirement, Pensions.
Federal Retirement Thrift Investment Board.
Roger W. Mehle,
Executive Director.
For the reasons set out in the preamble, 5 CFR part 1653 is to be
amended as set forth below:
PART 1653--DOMESTIC RELATIONS ORDERS AFFECTING THRIFT SAVINGS PLAN
ACCOUNTS
1. The authority citation for part 1653 continues to read as
follows:
Authority: 5 U.S.C. 8435, 8436(b), 8437(e)(3), 8467, 8474(b)(5)
and 8474(c)(1).
2. Section 1653.5 is amended by revising paragraph (a) to read as
follows:
Sec. 1653.5 Procedures for payment pursuant to retirement benefits
court orders.
(a) If a qualifying court order creates an entitlement to a portion
of a TSP account under this part, payment will be made after the
Board's decision has been issued and the 30-day tax withholding
notification period has ended. The taxpayer may receive the payment
sooner by waiving the tax notification period.
* * * * *
3. Section 1653.25 is amended by revising paragraph (a) to read as
follows:
Sec. 1653.25 Payment pursuant to qualifying legal process.
(a) Payment will be made pursuant to qualifying legal process after
the Board's decision has been issued and the 30-day tax withholding
notification period has ended. The taxpayer may receive the payment
sooner by waiving the tax notification period.
* * * * *
[FR Doc. 96-10366 Filed 4-26-96; 8:45 am]
BILLING CODE 6760-01-P
Complete official Federal Register PDF
FR Doc. 96-10361 Removal of Certain Restrictions on Importation of Defense Articles and Defense Services From the Russian Federation
[Federal Register Volume 61, Number 83 (Monday, April 29, 1996)]
[Rules and Regulations]
[Pages 18678-18680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10361]
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Bureau of Alcohol, Tobacco and Firearms
27 CFR Part 47
[Notice No. 821]
Removal of Certain Restrictions on Importation of Defense
Articles and Defense Services From the Russian Federation
AGENCY: Bureau of Alcohol, Tobacco and Firearms (ATF), Department of
the Treasury.
ACTION: Statement of policy.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Alcohol, Tobacco and Firearms (ATF) is
announcing (1) that it will remove the Russian Federation from the list
of countries from which defense articles and defense services may not
be imported and (2) implementation of restrictions on the importation
of certain firearms and ammunition located or manufactured in the
Russian Federation or previously manufactured in the Soviet Union in
accordance with an agreement between the United States and the Russian
Federation and the guidance of the Secretary of State regarding matters
affecting world peace and the external security and foreign policy of
the United States as expressed in a letter dated April 5, 1996.
DATES: Removal of the Russian Federation from the list of proscribed
countries was effective April 5, 1996.
FOR FURTHER INFORMATION CONTACT: Mary Jo Hughes, Chief, Firearms and
Explosives Imports Branch, Bureau of Alcohol, Tobacco and Firearms, 650
Massachusetts Avenue, NW., Washington, DC 20226 (202-927-8320).
SUPPLEMENTARY INFORMATION: By letter dated April 5, 1996, the Secretary
of State advised the Director, ATF, that, under the authority of
Section 38 of the Arms Export Control Act (AECA), 22 U.S.C. Sec. 2778,
it is no longer the policy of the United States to deny licenses, other
approvals, exports and imports of defense articles and defense services
destined for or originating in the Russian Federation (Russia). The
State Department has requested that the Director implement this
decision immediately with respect to his authority over imports under
Section 38 of the AECA and amend the regulation at 27 CFR 47.52(a) to
reflect this change in foreign policy.
The State Department also advised that the President decided to
negotiate an agreement with Russia concerning the export of munitions.
Carrying out such an agreement and keeping out unacceptable types of
munitions from the United States are U.S. foreign policy concerns. In
addition, the State Department informed ATF that an Agreement between
the Government of the United States of America and the Government of
the Russian Federation on exports of firearms and ammunition from the
Russian Federation to the United States of America (the Agreement) was
signed on April 3, 1996, and entered into force on that date. On this
basis, the State Department advised the Department of the Treasury that
Treasury should exercise the authority delegated to it under Section 38
of the AECA by denying applications to import firearms and ammunition
located or manufactured in Russia or previously manufactured in the
Soviet Union that would be inconsistent with the Agreement. The State
Department advised Treasury that the foregoing did not apply to
conditional imports of firearms and ammunition which would serve as
samples for purposes of determining whether the items are of a type
authorized for importation under the Agreement.
The Agreement provides that Russia shall not allow the exportation
to the United States of (1) firearms other than those specified on
Annex A to the Agreement; and (2) ammunition specified in Annex B to
the Agreement. Nine handguns and 29 rifles are listed in Annex A. One
type of ammunition is listed in Annex B. The Agreement also provides
that new types of firearms and ammunition manufactured after February
9, 1996, may not be exported by Russia under the Agreement unless the
parties agree in writing to amend the Agreement accordingly. The
Agreement is published in its entirety at the end of this notice.
ATF has taken or will take the following actions to implement the
above:
(1) ATF will remove Russia from the list of countries from which
defense articles and defense services may not be imported into the
United States. A Treasury Decision amending Sec. 47.52(a) to reflect
this action will be published in the near future.
[[Page 18679]]
(2) ATF will approve applications to import defense articles and
defense services from Russia in accordance with the guidance contained
in the April 5, 1996, letter from the Department of State. Consistent
with that letter, only firearms listed in Annex A of the Agreement will
be approved for importation from Russia. Surplus military curio or
relic firearms manufactured or located in Russia or previously
manufactured in the Soviet Union will not be approved for importation
under 27 CFR 47.52(d) unless the firearms are listed in Annex A of the
Agreement. Applications to import from Russia ammunition listed in
Annex B will not be approved.
(3) ATF will not approve applications to import from any country or
territory firearms and ammunition manufactured in Russia or previously
manufactured in the Soviet Union that would be inconsistent with the
the Agreement.
(4) Firearms that are subject to the AECA and the Agreement include
any nonautomatic, semiautomatic, or automatic firearm to caliber .50
(12.7mm) inclusive, other than a sporting shotgun, and any component or
part for such firearms.
(5) Prior to approval of an application to import firearms and
ammunition located or manufactured in Russia or previously manufactured
in the Soviet Union, ATF may require the conditional importation of a
sample of the firearm or ammunition for examination to determine
whether it is of a type that may be approved for importation consistent
with the Agreement.
(6) For purposes of the AECA, the term ``United States'' is defined
in 27 CFR 47.11 and includes Customs bonded warehouses (CBWs) and
foreign trade zones (FTZs). Article 8 of the Agreement provides that
the Agreement shall not affect the fulfillment of contracts with
respect to firearms or ammunition entered or withdrawn from warehouse
for consumption in the United States on or before February 9, 1996.
This means that firearms and ammunition entered into a CBW or FTZ prior
to February 9, 1996, that otherwise could not be imported under the
restrictions set out above have been imported within the meaning of
Section 38 of the AECA and are not subject to such restrictions.
(7) Permits authorizing the importation of firearms and ammunition
whose exportation to the United States is prohibited under the
Agreement, with the exception of those to which paragraph (6) are
applicable, are hereby revoked. As required by 27 CFR 47.44(d), the
revoked import permits must be returned to the Firearms and Explosives
Imports Branch, ATF, immediately. Pursuant to 27 CFR 47.44(c), holders
of such permits may, within 30 days of the date of publication of this
notice in the Federal Register, make a written request for an
opportunity to present additional information and to have a full review
by the Director. Any such requests will be referred to the Department
of State, as appropriate, for its guidance on matters affecting world
peace and the external security and foreign policy of the United
States.
Compliance With 5 U.S.C. Chapter 8
In accordance with 5 U.S.C. 808(2), ATF has found that, consistent
with guidance from the Department of State and for reasons of the
foreign policy of the United States, notice and public procedure under
5 U.S.C. 801 are unnecessary, impracticable, and contrary to the public
interest.
Text of Agreement; Agreement Between the Government of the United
States of America and the Government of the Russian Federation on
Exports of Firearms and Ammunition From the Russian Federation to the
United States of America
The Government of the United States of America and the
Government of the Russian Federation, hereinafter referred to as the
``Parties,''
In the context of removing a number of existing restrictions on
the importation into the United States of firearms and ammunition
from the Russian Federation;
Recognizing the foreign policy interest of the Parties in
expanding trade in firearms and ammunition between the United States
and the Russian Federation in a manner compatible with domestic
security;
Recognizing the intention of the United States of America that
United States policy with respect to access to the United States
market for firearms and ammunition be applied in a nondiscriminatory
manner to all of its trading partners;
Wishing to promote trade and cooperation on an equal and
mutually beneficial basis between the United States and the Russian
Federation and to expand economic opportunities in the two
countries;
Have agreed as follows:
Article 1: Definitions
The following definitions apply to this Agreement:
(a) ``Ammunition'' means any ammunition, cartridge case, primer,
bullet, or propellent powder designed for use in any firearm.
(b) ``Firearm'' means any nonautomatic, semiautomatic, or
automatic firearm, to caliber .50 (12.7 mm) inclusive other than a
shotgun, or any component or part for such firearm.
(c) ``New model ammunition'' means a type of ammunition the
manufacture of which began after February 9, 1996.
(d) ``New model firearm'' means a type of firearm the
manufacture of which began after February 9, 1996.
Article 2: Firearms and Ammunition Export Prohibitions
The Government of the Russian Federation shall not allow the
exportation from the Russian Federation, destined to the United
States, of the following firearms and ammunition:
(a) any firearm, including any new model firearm, except a
firearm described in Annex A to this Agreement;
(b) ammunition described in Annex B to this Agreement; and
(c) new model ammunition.
Article 3: Consultations
(a) Each Party shall provide to the other Party, on request,
information necessary for the implementation and enforcement of this
Agreement. A Party shall keep confidential all information received
from the other Party that is designated by the providing Party as
confidential and shall not provide it to any other government or any
private person without the providing Party's written consent.
(b) The Parties agree to consult promptly, not later than 30
days after receipt of a request from either Party, regarding any
matter concerning this Agreement.
(c) At any time, either Party may propose that a firearm be
added to or deleted from Annex A or that ammunition be added to or
deleted from Annex B. The Parties shall consult promptly regarding
such a proposal and may amend either Annex by written agreement of
the Parties.
(d) Where a question arises as to whether a particular firearm
or ammunition is subject to the export prohibition in Article 2, the
Parties shall consult promptly. The firearm or ammunition shall be
subject to the export prohibition pending resolution of the matter.
Article 4: Construction
Nothing in this Agreement shall be construed to affect the
applicability to firearms, ammunition, or other products of the laws
and regulations of the United States or the Russian Federation
imposing restrictions or requirements on importation.
Article 5: Actions To Ensure the Effectiveness of this Agreement
Either Party may take any action, as provided in its laws and
regulations, necessary to ensure the effectiveness of this
Agreement.
Article 6: Emergency Actions
If the Government of the United States determines that the
actual or prospective importation of any firearm described in Annex
A or ammunition other than that described in Annex B is causing or
threatens to cause damage to the domestic security of the United
States, the Government of the United States reserves the right to
take any measure it deems appropriate consistent with the Agreement
on Trade Relations, signed between the Union of Soviet Socialist
Republics and the United States of America at Washington on June 1,
1990, as amended, brought into force between the United States of
America and the Russian Federation pursuant to an exchange of notes
on June 17, 1992. The Government of the United States shall consult
with the Government of the
[[Page 18680]]
Russian Federation prior to taking any such measure. If prior and
prompt consultations are not possible because of an emergency
situation, the Government of the United States shall consult with
the Government of the Russian Federation as soon as possible after
taking the measure.
Article 7: Amendments
This Agreement may be amended by written agreement of the
Parties.
Article 8: No Effect on Articles in U.S. Customs Territory
This Agreement shall not affect the fulfillment of contracts
with respect to firearms or ammunition entered or withdrawn from
warehouse for consumption in the United States on or before February
9, 1996.
Article 9: Annexes; Entry into Force; Termination
(a) The Annexes to this Agreement are an integral part of this
Agreement.
(b) This Agreement shall enter into force upon the date of its
signature by both Parties.
(c) Either Party may terminate this Agreement by providing
written notification to the other Party at least twelve months prior
to the date of termination.
Done at Washington on April 3, 1996, in duplicate, in the
English and Russian languages, both texts being equally authentic.
----------------------------------------------------------------------
signature
Ira Shapiro,
Ambassador, Senior Counsel, Negotiator, Office of the U.S. Trade
Representative.
For the Government of the United States of America.
----------------------------------------------------------------------
signature
Gennadiy Yanpolsky,
Deputy Chairman, State Committee on Defense Industry Branches.
For the Government of the Russian Federation.
Annex A
Firearms Permitted to Be Imported into the United States from the
Russian Federation
Pistols/Revolvers
1. German Model P08 Pistol
2. IZH 34M, .22 caliber Target Pistol
3. IZH 35M, .22 caliber Target Pistol
4. Mauser Model 1896 Pistol
5. MC-57-1 Pistol
6. MC-1-5 Pistol
7. Polish Vis Model 35 Pistol
8. Soviet Nagant Revolver
9. TOZ 35, .22 caliber Target Pistol
Rifles
1. BARS-4 Bolt Action Carbine
2. Biathlon Target Rifle, .22LR caliber
3. British Enfield Rifle
4. CM2, .22 caliber Target Rifle (also known as SM2,
.22 caliber)
5. German Model 98K Rifle
6. German Model G41 Rifle
7. German Model G43 Rifle
8. IZH-94
9. LOS-7 Bolt Action Rifle
10. MC-7-07
11. MC-18-3
12. MC-19-07
13. MC-105-01
14. MC-112-02
15. MC-113-02
16. MC-115-1
17. MC-125/127
18. MC-126
19. MC-128
20. Saiga Rifle
21. Soviet Model 38 Carbine
22. Soviet Model 44 Carbine
23. Soviet Model 91/30 Rifle
24. TOZ 18, .22 caliber Bolt Action Rifle
25. TOZ 55
26. TOZ 78
27. Ural Target Rifle, .22LR caliber
28. VEPR Rifle
29. Winchester Model 1895, Russian Model Rifle
Annex B
Ammunition Prohibited from Being Imported into the United States
from the Russian Federation
1. 7.62X25mm caliber (also known as 7.63X25mm caliber or .30
Mauser)
Authority and Issuance
This notice is issued under the authority in 22 U.S.C. 2778.
Approved: April 19, 1996.
John W. Magaw,
Director.
[FR Doc. 96-10361 Filed 4-24-96; 4:32 pm]
BILLING CODE 4810-31-U
Complete official Federal Register PDF
FR Doc. 96-10307 Airworthiness Directives; Brackett Aircraft Company, Inc. Air Filter Assemblies Installed on Airplanes
[Federal Register Volume 61, Number 83 (Monday, April 29, 1996)]
[Rules and Regulations]
[Pages 18667-18670]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10307]
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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 95-CE-61-AD; Amendment 39-9580; AD 96-09-06]
RIN 2120-AA64
Airworthiness Directives; Brackett Aircraft Company, Inc. Air
Filter Assemblies Installed on Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
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SUMMARY: This document supersedes airworthiness directive (AD) 95-03-
02, which currently requires repetitively inspecting (visually) the air
filter frame for a loose or deteriorating gasket on airplanes
incorporating certain Brackett air filter assemblies and replacing any
gasket found loose or deteriorated. This action requires retaining the
repetitive inspection as contained in AD 95-03-02, and will incorporate
additional Brackett air filter assemblies to the ``Applicability''
section of that AD. Additionally, this AD will provide a terminating
action for the repetitive inspection. The Federal Aviation
Administration's determination that certain additional Bracket air
filter assemblies should be inspected and replaced prompted this AD
action. The actions specified by this AD are intended to prevent gasket
particles from entering the carburetor because of air filter gasket
failure, which could result in partial or complete loss of engine power
and loss of control of the airplane.
DATES: Effective June 7, 1996.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of June 7, 1996.
ADDRESSES: Service information that applies to this AD may be obtained
from (FAA), Central Region, Office of the Assistant Chief Counsel,
Attention: Rules Docket 95-CE-61-AD, Room 1558, 601 E. 12th Street,
Kansas City, Missouri, 64106; or at the Office of the Federal Register,
800 North Capitol Street, NW., suite 700, Washington, DC.
FOR FURTHER INFORMATION CONTACT: Elizabeth Bumann, Aerospace Engineer,
Los Angeles Aircraft Certification Office, FAA, 3960 Paramount
Boulevard, Lakewood, California, 90712; telephone (310) 627-5265;
facsimile (310) 627-5210.
SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal
Aviation Regulations (14 CFR part 39) to include an AD that would apply
to airplanes incorporating certain Brackett air filter assemblies was
published in the Federal Register on December 18, 1995 (60 FR 65038).
This action would retain the requirement to repetitively inspect
(visually) the air filter for a loose or deteriorated gasket and
replacing any gasket found loose or deteriorated as contained in AD 95-
03-02, and would incorporate additional Brackett air filter assemblies
in the ``Applicability'' section of that AD. Additionally, this
proposed AD would provide a terminating action for the repetitive
inspection by replacing any gasket found loose or deteriorated with a
gasket of improved design.
Interested persons have been afforded an opportunity to participate
in the making of this amendment. No comments were received on the
proposed rule or the FAA's determination of the cost to the public.
After careful review of all available information related to the
subject presented above, the FAA has determined that air safety and the
public interest require the adoption of the rule as proposed except for
minor editorial corrections. The FAA has determined that these minor
corrections will not change the meaning of the AD and will not add any
additional burden upon the public than was already proposed.
The FAA estimates that 50,000 airplanes in the U.S. registry will
be affected by this AD. To accomplish this repetitive inspection and
possible replacement of a damaged air filter will take approximately 1
hour per airplane for each task, and that the average labor rate is
approximately $60 an hour. The air filter assembly replacement is
estimated to be $40 per airplane. The
[[Page 18668]]
total estimated cost for this modification required at 500 hours TIS
will be $100 per airplane and the total cost impact of the modification
is estimated to be $5,000,000. The FAA knows that each owner/operator
will have to repetitively inspect a maximum of four times before the
mandatory replacement of the air filter assembly, and based on the
assumption that no operator will incorporate the modification prior to
the 500 hours TIS, the total cost of four repetitive inspections will
be $240 per airplane plus the cost of the terminating action. Based on
these figures the total cost impact of this AD on U.S. operators is
estimated to be $17,000,000.
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 copy of the final evaluation prepared for this
action is contained in the Rules Docket. A copy of it may be obtained
by contacting 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 removing Airworthiness Directive
(AD) 95-03-02, Amendment 39-9139, and by adding a new AD to read as
follows:
96-09-06. Brackett Aircraft Company: Docket No. 95-CE-61-AD;
Supersedes AD 95-03-02, Amendment 39-9139.
Applicability: Air filter assemblies presented in the following
chart that utilize a neoprene gasket installed on, but not limited
to the following airplanes, certificated in any category:
Note 1: These air filters could be installed as original
equipment or in accordance with Supplemental Type Certificate (STC)
SA71GL or STC SA693CE.
------------------------------------------------------------------------
Air filter assembly Airplanes installed on
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BA-2010............................ Beechcraft Model 77 Airplanes.
BA-4106............................ Cessna Models 120, 140, 140A, 150,
150A, 150B, 150C, 150D, 150E,
150F, 150G, 150H, 150J, 150K,
150L, 150M, A150M, 152, and A152;
American Champion Models Bellanca
(Champion) (Aeronca) 7ACA, 7ECA,
and 7FC; Aviat, Inc. Models A-1;
Luscombe Models 8, 8A, 8B, 8C, 8D,
8E, 8F, and T-8F; Piper Models PA-
22, PA-22-135, PA-22-150, PA-22-
160, PA-22-108, PA-20-115, PA-20-
135, PA-38-112, J-3, J3C-65, J3C-
65S, PA-11, PA-11S, J4A, J4A-S,
J4E, J5A, J5A-80, PA-12, PA-12S,
PA-16, PA-17, PA-18, PA-18A, PA-
18S, PA-18-``125'' (Army L-21A),
PA-18AS-``125'', PA-18S-``125'',
PA-18AS-``135'', PA-18S-``135'',
PA-18-``135'', PA-18-``150'', PA-
18A-``150'' (SN 18-1 through 18-
6963), PA-18S-``150'', PA-19, PA-
18A (Restricted), PA-18A-``135''
(Restricted), and PA-18A-``150''
(Restricted) (SN 18-1 through 18-
18-6963); Taylorcraft Models BC65,
BCS-65, BC12-65, BCS12-65, BC12-D,
BCS12-D1, BC12D85, BCS12D85, BC12D-
4-85, BCS12D-4-85, 19, F19, F21,
DC-65, DCO-65, F22, F22A, F22B,
and F22C; Univair Models (Alon) A-
2, A2-A, (Forney) F-1, F-1A, and
(Mooney) M10; Swift Museum Models
(Globe) GC-1A and GC-1B; Augustair
Model Varga (Morrisey) 2150A;
Aeronca Model 65-CA; American
Champion 7ECA (with Cont. O-200-A
engine) and 7ACA; Reims Aviation
(Cessna) F150G, F150H, F150J,
F150K, F150L, F150M, FA150K,
FA150L, F152, AND FA152; Socata-
Groupe Aerospatiale Models Rallye
Series MS880B, MS885, and 100S.
BA-4106-1.......................... Aviat, Inc. Model (Christian) A-1.
BA-4210............................ Gulfstream Models AA-1, AA-1A, AA-
1B, AA-1C, and AA-5.
BA-5110............................ Cessna Models 170, 170A, 170B, 172,
172A, 172B, 172C, 172D, 172E,
172F, 172G, 172H, 172I, 172K,
172L, and 172M; Mooney Mite Model
M-18C; Reims Aviation Models
(Cessna) F172D, F172E, F172F,
F172G, F172H, F172K, F172L, and
F172M; Socata-Groupe Aerospatiale
Models TB9, TB10, Rallye Series
MS892A-150, MS892E-150, MS892E-
150T, and MS892E-150ST; Panstwowe
Zakolady Kotnicze Model PZL-
Koliber 150A; Augustair, Inc.
Model Varga (Morrisey) 2180.
BA-5110A........................... Cessna Models 172N and 172P; Reims
Aviation Models (Cessna) F172N and
F172P.
BA-6110............................ Maule Models M-4, M-4C, M-4S, M-4T,
M-4-220, M-4-220C, M-4-220S, M-4-
220T, M-4-180C, M-4-180S, M-4-
180T, M-5-220C, M-5-235C, M-5-
180C, M-5-210TC, M-6-180, M-6-235,
M-7-235, MX-7-180, MXT-7-160, MXT-
7-180, MX-7-160, MX-7-235, and MX-
8-235; Mooney Models M20, M20A,
M20B, M20C, M20D, and M20G.
BA-8910............................ Dynac Models (Aero Commander) 100
and 100A.
[[Page 18669]]
AAF-117............................ Cessna Models 120, 140, 140A, 150,
150A, 150B, 150C, 150D, 150E,
150F, 150G, 150H, 150J, 150K,
150L, 150M, A150M, 152, and A152;
American Champion Models Bellanca
(Champion) (Aeronca) 7ACA, 7ECA,
and 7FC; Aviat, Inc. Models A-1;
Luscombe Models 8, 8A, 8B, 8C, 8D,
8E, 8F, and T-8F; Piper Models PA-
22, PA-22-135, PA-22-150, PA-22-
160, PA-22-108, PA-20-115, PA-20-
135, PA-38-112, J-3, J3C-65, J3C-
65S, PA-11, PA-11S, J4A, J4A-S,
J4E, J5A, J5A-80, PA-12, PA-12S,
PA-16, PA-17, PA-18, PA-18A, PA-
185, PA-18-``125'' (Army L-21A),
PA-18AS-``125'', PA-185-``125'',
PA-18AS-``135'', PA-18S-``135'',
PA-18-``135'', PA-18-``150'', PA-
18A-``150'' (SN 18-1 through 18-
6963), PA-18S-``150'', PA-19, PA-
18A (Restricted), PA-18A-``135''
(Restricted), and PA-18A-``150''
(Restricted) (SN 18-1 through 18-
6963); Taylorcraft Models BC65,
BCS-65, BC12-65, BCS12-65, BC12-D,
BCS12-D1, BC12D85, BCS12D85, BC12D-
4-85, BCS12D-4-85, 19, F19, F21,
DC-65, DCO-65, F22, F22A, F22B,
and F22C; Univair Models (Alon) A-
2, A2-A, (Forney) F-1, F-1A, and
(Mooney) M10; Swift Museum Models
(Globe) GC-1A and GC-1B; Augustair
Model Varga (Morrisey) 2150A;
Aeronca Model 65-CA; American
Champion 7ECA (with Cont. O-200-A
engine) and 7ACA; Reims Aviation
(Cessna) F150G, F150H, F150J,
F150K, F150L, F150M, FA150K,
FA150L, F152, AND FA152; Socata-
Groupe Aerospatiale Models Rallye
Series MS880B, MS885, and 100S,
F22B, and F22C; Univair Models
(Alon) A-2, A2-A, (Forney) F-1, F-
1A, and (Mooney) M10; Swift Museum
Models (Globe) GC-1A and GC-1B;
Augustair Model Varga (Morrisey)
2150A; Aeronca Model 65-CA;
American Champion 7ECA (with Cont.
O-200-A engine) and 7ACA; Reims
Aviation (Cessna) F150G, F150H,
F150J, F150K, F150L, F150M,
FA150K, FA150L, F152, and FA152;
Socata-Groupe Aerospatiale Models
Rallye Series MS880B, MS885, and
100S.
AAF-118............................ Cessna Models 170, 170A, 170B, 172,
172A, 172B, 172C, 172D, 172E,
172F, 172G, 172H, 172I, 172K,
172L, and 172M; Mooney Mite Model
M-18C; Reims Aviation Models
(Cessna) F172D, F172E, F172F,
F172G, F172H, F172K, F172L, and
F172M; Socata-Groupe Aerospatiale
Models TB9, TB10, Rallye Series
MS892A-150, MS892E-150, MS892E-
150T, and MS892E-150ST; Panstwowe
Zakolady Kotnicze Model PZL-
Koliber 150A; Augustair, Inc.
Model Varga (Morrisey) 2180.
------------------------------------------------------------------------
Note 2: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
modified, altered, or repaired in the area subject to the
requirements of this AD. For airplanes that have been modified,
altered, or repaired so that the performance of the requirements of
this AD is affected, the owner/operator must request approval for an
alternative method of compliance in accordance with paragraph (f) of
this AD. The request should include an assessment of the effect of
the modification, alteration, or repair on the unsafe condition
addressed by this AD; and, if the unsafe condition has not been
eliminated, the request should include specific proposed actions to
address it.
Compliance: Required within the next 100 hours time-in-service
(TIS) after the effective date of this AD, or within the next 100
hours (TIS) after the last inspection accomplished in accordance
with AD 95-03-02, whichever occurs first, and thereafter as
indicated in the body of this AD, unless already accomplished in
accordance with paragraph (c) of this AD.
To prevent gasket particles from entering the carburetor because
of air filter gasket failure, which could result in partial or
complete loss of engine power, accomplish the following:
(a) Inspect (visually) the inside and outside of the air filter
frame for gasket looseness, movement, or deterioration in accordance
with Brackett Document I-194, dated March 16, 1994. Continue this
repetitive inspection at intervals not to exceed 100 hours TIS,
until accomplishment of the terminating action required in paragraph
(c) of this AD.
(b) If the gasket is found to be damaged, prior to further
flight, replace the air filter assembly with one having a retaining
lip in accordance with the Brackett INSTALLATION INSTRUCTION SHEET
corresponding to the new air filter assembly part number that is
applicable to the owner/operator's particular model of airplane:
----------------------------------------------------------------------------------------------------------------
Air filter assembly Replace with assembly Instruction sheet
----------------------------------------------------------------------------------------------------------------
BA-2010................................... BA-2010 Revision A............... BA-2004, dated 6/6/95.
BA-4106................................... BA-4106 Revision D............... BA-4105, dated 6/15/95.
BA-4106-1................................. BA-4106-1 Revision A............. RM-1, dated 7/6/95.
BA-4210................................... BA-4210 Revision B............... BA-4205, dated 6/14/95.
BA-5110................................... BA-5110 Revision H............... BA-5105, dated 5/8/95.
BA-5110A.................................. BA-5110A Revision D.............. BA-5111, dated 5/8/95.
BA-6110................................... BA-6110 Revision C............... BA-6105, dated 6/5/95.
BA-8910................................... BA-8910 Revision B............... BA-8910-3, dated 6/6/95.
AAF-117................................... BA-4106 Revision D............... BA-4105, dated 6/15/95.
AAF-118................................... BA-5110 Revision H............... BA-5105, dated 5/8/95.
----------------------------------------------------------------------------------------------------------------
(c) Within the next 500 hours TIS after the effective date of
this AD, replace the air filter assembly as a terminating action to
this AD in accordance with the Brackett INSTALLATION INSTRUCTION
SHEET corresponding to the new air filter assembly part number that
is applicable to the owner/operator's particular model of airplane
as specified in paragraph (b) of this AD.
(d) The replacement in paragraphs (b) and (c) is considered
terminating action for the repetitive inspection required by this
AD.
(e) Special flight permits may be issued in accordance with
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the airplane to a location where
the requirements of this AD can be accomplished.
(f) An alternative method of compliance or adjustment of the
initial or repetitive compliance times that provides an equivalent
level of safety may be approved by the Manager, Los Angeles Aircraft
Certification Office, FAA, 3960 Paramount Boulevard, Lakewood,
California 90712. The request shall be forwarded through an
appropriate FAA Maintenance Inspector, who may add comments and then
send it to the Manager, Los Angeles Aircraft Certification Office.
Note 3: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Los Angeles Aircraft Certification Office.
(g) Alternative methods of compliance approved in accordance
with AD 95-03-02 (superseded by this action) are considered approved
as alternative methods of compliance with this AD.
(h) The inspections and replacements required by this AD shall
be done in accordance with Brackett Air Filter Document I-194, dated
March 16, 1994 and with the Brackett INSTALLATION INSTRUCTION SHEET
corresponding to the new air filter assembly part number that is
applicable to the owner/operator's particular model of airplane as
specified in paragraph
[[Page 18670]]
(b) of this AD. 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 Brackett Aircraft
Company, Inc., 7045 Flightline Drive, Kingman, Arizona 86401. Copies
may be inspected at the FAA, Central Region, Office of the Assistant
Chief Counsel, Room 1558, 601 E. 12th Street, Kansas City, Missouri,
or at the Office of the Federal Register, 800 North Capitol Street,
NW., 7th Floor, suite 700, Washington, DC.
(i) This amendment supersedes AD 95-03-02, Amendment 39-9139.
(j) This amendment (39-9580) becomes effective on June 7, 1996.
Issued in Kansas City, Missouri, on April 18, 1996.
Henry A. Armstrong,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 96-10307 Filed 4-26-96; 8:45 am]
BILLING CODE 4910-13-P
Complete official Federal Register PDF
FR Doc. 96-10306 Airworthiness Directives; Diamond Aircraft Industries Model DA 20-A1 Airplanes
[Federal Register Volume 61, Number 83 (Monday, April 29, 1996)]
[Rules and Regulations]
[Pages 18670-18671]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10306]
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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 96-CE-21-AD; Amendment 39-9579; AD 96-09-05]
RIN 2120-AA65
Airworthiness Directives; Diamond Aircraft Industries Model DA
20-A1 Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; request for comments.
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SUMMARY: This amendment adopts a new airworthiness directive (AD) that
is applicable to Diamond Aircraft Industries (Diamond) Model DA 20-A1
airplanes. This action requires inspecting the aft wing cavities for
manufacturing debris, removing any debris found, and modifying the
aileron pushrod fairings to allow them to flex. Several reports of the
aileron controls becoming blocked because of manufacturing debris
getting jammed between the short aileron pushrod and the pushrod exit
fairing on both left and right wings prompted this action. The actions
specified by this AD are intended to prevent the aileron controls from
becoming blocked causing jamming between the short aileron pushrod and
the pushrod fairing exit, which, if not detected and corrected, could
cause loss of control of the airplane.
DATES: Effective May 17, 1996.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of May 17, 1996.
Comments for inclusion in the Rules Docket must be received on or
before June 17, 1996.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Central Region, Office of the Assistant Chief
Counsel, Attention: Rules Docket 96-CE-21-AD, Room 1558, 601 E. 12th
Street, Kansas City, Missouri 64106.
Service information that applies to this AD may be obtained from
Diamond Aircraft Industries, Inc., 690 Crumlin Sideroad, Ontario,
Canada N5V 1S2; telephone (519) 457-4000; facsimile (519) 457-4037.
This information may also be examined at the Federal Aviation
Administration (FAA), Central Region, Office of the Assistant Chief
Counsel, Attention: Rules Docket 96-CE-21-AD, Room 1558, 601 E. 12th
Street, Kansas City, Missouri 64106; or at the Office of the Federal
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.
FOR FURTHER INFORMATION CONTACT: Mr. Gregory J. Michalik, Senior
Aerospace Engineer, FAA, Chicago Aircraft Certification Office, 2300 E.
Devon, Des Plaines, Illinois 60018; telephone (847) 294-7135; facsimile
(847) 294-7834.
SUPPLEMENTARY INFORMATION: Transport Canada, which is the airworthiness
authority for Canada, recently notified the FAA that an unsafe
condition may exist on Diamond Model DA 20-A1 airplanes. Transport
Canada advises that partial blockage of the aileron controls because of
manufacturing debris jamming between the short aileron pushrod and
pushrod exit fairing has occurred in several of these airplanes.
Diamond Aircraft Industries has issued service bulletin (SB) No.
DA20-57-02, Rev. 0, Date Issued: March 7, 1996, which specifies
procedures for inspecting the inside of the wings for debris, removing
any debris, and modifying the aileron pushrod fairings.
Transport Canada classified this service bulletin as mandatory and
issued Emergency AD CF-96-07, dated March 15, 1996 in order to assure
the continued airworthiness of these airplanes in Canada.
This airplane model is manufactured in Canada and is type
certificated for operation in the United States under the provisions of
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and
the applicable bilateral airworthiness agreement. Pursuant to this
bilateral airworthiness agreement, Transport Canada has kept the FAA
informed of the situation described above.
After examining the circumstances and reviewing all available
information related to the incidents described above including that
received from Transport Canada, the FAA has determined that AD action
should be taken in order to prevent the aileron controls from becoming
blocked causing jamming between the short aileron pushrod and the
pushrod fairing exit, which, if not detected and corrected, could cause
loss of control of the airplane.
Since an unsafe condition has been identified that is likely to
exist or develop in other Diamond Model DA 20-A1 airplanes of the same
type design registered for operation in the United States, this AD
requires visually inspecting the aft wing cavities (both wings) for any
manufacturing debris or foreign objects, removing any debris found, and
modifying the aileron pushrod fairings in both wings. The actions are
to be accomplished in accordance with the instructions in Diamond SB
No. DA20-57-02, Rev. 0, Date Issued: March 7, 1996.
Since a situation exists that requires the immediate adoption of
this regulation, it is found that notice and opportunity for public
prior comment hereon are impracticable, and that good cause exists for
making this amendment effective in less than 30 days.
Comments Invited
Although this action is in the form of a final rule that involves
requirements affecting immediate flight safety and, thus, was not
preceded by notice and opportunity to comment, comments are invited on
this rule. Interested persons are invited to comment on this rule by
submitting such written data, views, or arguments as they may desire.
Communications should identify the Rules Docket number and be submitted
in triplicate to the address specified above. All communications
received on or before the closing date for comments will be considered,
and this rule may be amended in light of the comments received. Factual
information that supports the commenter's ideas and suggestions is
extremely helpful in evaluating the effectiveness of the AD action and
determining whether additional rulemaking action would be needed.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the rule that might
suggest a need to modify the rule. All comments submitted will be
available, both before and after the closing date for comments, in the
Rules Docket for examination by interested persons. A report that
summarizes each FAA-public contact concerned with the substance of this
AD will be filed in the Rules Docket.
[[Page 18671]]
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this notice must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket No. 96-CE-21-AD.'' The postcard will be date stamped and
returned to the commenter.
The regulations adopted herein will not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government. Therefore, in
accordance with Executive Order 12612, it is determined that this final
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
The FAA has determined that this regulation is an emergency
regulation and that must be issued immediately to correct an unsafe
condition in aircraft, and is not a significant regulatory action under
Executive Order 12866. It has been determined further that this action
involves an emergency regulation under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979). If it is determined that
this emergency regulation otherwise would be significant under DOT
Regulatory Policies and Procedures, a final regulatory evaluation will
be prepared and placed in the Rules Docket (otherwise, an evaluation is
not required). A copy of it, if filed, may be obtained from the Rules
Docket.
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
(AD) to read as follows:
96-09-05 Diamond Aircraft Industries: Amendment 39- 9579 ; Docket
No. 96-CE-21-AD.
Applicability: Model DA 20-A1 airplanes (serial numbers 10002
through 10110), certificated in any category.
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
modified, altered, or repaired in the area subject to the
requirements of this AD. For airplanes that have been modified,
altered, or repaired so that the performance of the requirements of
this AD is affected, the owner/operator must request approval for an
alternative method of compliance in accordance with paragraph (d) of
this AD. The request should include an assessment of the effect of
the modification, alteration, or repair on the unsafe condition
addressed by this AD; and, if the unsafe condition has not been
eliminated, the request should include specific proposed actions to
address it.
Compliance: Required within the next 10 hours time-in-service
(TIS), unless already accomplished.
To prevent the aileron controls from becoming blocked causing
jamming between the short aileron pushrod and the pushrod fairing
exit, which, if not detected and corrected, could cause loss of
control of the airplane, accomplish the following:
(a) Visually inspect the aft wing cavities (both wings) for any
manufacturing debris or foreign objects and remove any debris found
in accordance with the ACCOMPLISHMENT INSTRUCTIONS: ``-Inspection''
section of Diamond Alert Service Bulletin (SB) No. DA20-57-02, Rev.
0, Date Issued: March 7, 1996.
(b) Modify the aileron pushrod fairings (both wings) in
accordance with the ACCOMPLISHMENT INSTRUCTIONS: ``-Modification of
Fairing'' section of Diamond Alert SB No. DA20-57-02, Rev. 0, Date
Issued: March 7, 1996.
(c) Special flight permits may be issued in accordance with
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the airplane to a location where
the requirements of this AD can be accomplished.
(d) An alternative method of compliance or adjustment of the
initial or repetitive compliance times that provides an equivalent
level of safety may be approved by the Manager, Chicago Aircraft
Certification Office (ACO), 2300 E. Devon, Des Plaines, Illinois
60018. The request shall be forwarded through an appropriate FAA
Maintenance Inspector, who may add comments and then send it to the
Manager, Chicago ACO.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Chicago Aircraft Certification Office.
(e) The inspection and modification required by this AD shall be
done in accordance with Diamond Aircraft Industries Alert Service
Bulletin No. DA20-57-02, Rev. 0, Date Issued: March 7, 1996. 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 Diamond Aircraft Industries, Inc.,
690 Crumlin Sideroad, Ontario, Canada N5V 1S2; telephone (519) 457-
4000; facsimile (519) 457-4037. Copies may be inspected at the FAA,
Central Region, Office of the Assistant Chief Counsel, Room 1558,
601 E. 12th Street, Kansas City, Missouri, or at the Office of the
Federal Register, 800 North Capitol Street, NW., 7th Floor, suite
700, Washington, DC.
(f) This amendment (39-9579) becomes effective on May 17, 1996.
Issued in Kansas City, Missouri, on April 18, 1996.
Henry A. Armstrong,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 96-10306 Filed 4-26-96; 8:45 am]
BILLING CODE 4910-13-P
Complete official Federal Register PDF
FR Doc. 96-10240 Office of the Assistant Secretary for Community Planning and Development; Community Development Block Grant Program; Correction of Identified Deficiencies and Updates; Technical Correction
[Federal Register Volume 61, Number 83 (Monday, April 29, 1996)]
[Rules and Regulations]
[Pages 18672-18674]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10240]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
24 CFR Part 570
[Docket No. FR-2905-C-03]
RIN 2506-AB24
Office of the Assistant Secretary for Community Planning and
Development; Community Development Block Grant Program; Correction of
Identified Deficiencies and Updates; Technical Correction
AGENCY: Office of the Assistant Secretary for Community Planning and
Development, HUD.
ACTION: Technical correction.
-----------------------------------------------------------------------
SUMMARY: On November 9, 1995 (60 FR 56892), HUD published in the
Federal Register a final rule that corrected identified deficiencies in
the Community Development Block (CDBG) program, implemented relevant
portions of the Cranston-Gonzalez National Affordable Housing Act,
amended the CDBG conflict of interest provisions, implemented statutory
changes from the Housing and community Development Act of 1987 and the
Appropriations Act of 1989, and provided criteria for performance
reviews and timely expenditure of funds under the CDBG program. This
document corrects minor errors in that final rule.
EFFECTIVE DATE: December 11, 1995.
FOR FURTHER INFORMATION CONTACT: Deirdre Maguire-Zinni, Director,
Entitlement Communities Division, Room 7282, Department of Housing and
Urban Development, 451 Seventh Street SW., Washington, DC 20410,
telephone number (202) 708-1577. (This telephone number is not toll-
free.) Hearing- or speech-impaired persons may access this number via
TTY by calling the Federal Information Relay Service at (800) 877-8339.
SUPPLEMENTARY INFORMATION:
I. Corrections to November 9, 1995 Final Rule
On November 9, 1995 (60 FR 56812), HUD published a final rule in
the
[[Page 18673]]
Federal Register that amended the regulations for the Community
Development Block Grant (CDBG) program in 24 CFR part 570. As described
in the preamble (60 FR 65892), the November 9, 1995 final rule
represented the final rulemaking for several prior rules, and it
reflected the President's regulatory reinvention efforts by updating
the regulations to conform with significant statutory changes to the
CDBG program. More specifically, the November 9, 1995 final rule
corrected identified deficiencies in the CDBG program, implemented
relevant portions of the Cranston-Gonzalez National Affordable Housing
Act, amended the CDBG conflict of interest provisions, implemented
statutory changes from the Housing and Community Development Act of
1987 and the Appropriations Act of 1989, and provided criteria for
performance reviews and timely expenditure of funds under the CDBG
program. In reviewing this final rule in preparation for its
codification in the Code of Federal Regulations (CFR), HUD discovered
several minor errors.
In the November 9, 1995 final rule (60 FR 56912), HUD amended
Sec. 570.208 by adding and redesignating certain paragraphs. However,
the rule inadvertently did not make the necessary conforming change to
the definition of ``Income'' in Sec. 570.3, which contains a reference
to the CDBG regulations on resident income surveys (60 FR 56909). The
definition incorrectly refers to Sec. 570.208(a)(1)(iv) for those
regulations, but the November 9, 1995 rule redesignated this paragraph
as paragraph (a)(1)(vi). Therefore, this document corrects the
definition of ``Income'' in Sec. 570.3 to refer correctly to
Sec. 570.208(a)(1)(vi).
Similarly, the first sentence of the newly redesignated
Sec. 570.208(a)(1)(vi) contains an internal reference to paragraph
(a)(1)(v). However, the November 9, 1995 rule redesignated paragraph
(a)(1)(v) as (a)(1)(vii). Therefore, this document corrects
Sec. 570.208(a)(1)(vi) to refer correctly to paragraph (a)(1)(vii).
The November 9, 1995 final rule removed the obsolete reference in
Sec. 570.200(d)(1) to a compensation level of General Schedule (GS)-18,
replacing it with a correct reference to Level IV of the Executive
Schedule (60 FR 56910). The General Schedule and the Executive Schedule
indicate certain levels of compensation for Federal employees. However,
while the November 9, 1995 final rule updated Sec. 570.200(d)(1), it
inadvertently failed to update paragraph (d)(2) of that section.
Therefore, this document corrects Sec. 570.200(d)(2) regarding the
correct level of consultant compensation.
In a proposed rule published on March 28, 1990 (55 FR 11556), HUD
proposed to add a new paragraph (f) to Sec. 570.202 that would
implement section 510 of the Housing and Community Development Act of
1987 (Pub. L. 100-242, approved February 5, 1988), authorizing the
substantial reconstruction of housing owned and occupied by low- and
moderate-income persons under certain circumstances. However, in the
November 9, 1995 final rule (60 FR 56902), HUD explained that it would
not be finalizing the proposed Sec. 570.202(f) at that time due to
pending legislative proposals that would make this change unnecessary.
Instead, the November 9, 1995 final rule used paragraph (f) to contain
the authority for evaluating and reducing lead-based paint hazards.
However, HUD failed to remove two incorrect references, in
Secs. 570.200(e) and 570.506(c), to paragraph (f) as it had been
proposed for substantial reconstruction. This document removes those
incorrect references.
This document also removes two references to ``enumeration
districts,'' replacing them with the correct term ``block numbering
areas.'' The Census Bureau now uses the term ``block numbering area,''
and HUD recognized the use of this term in its CDBG economic
development final rule (January 5, 1995; 60 FR 1922, 1946) in
Sec. 570.208(a)(4)(iv). However, HUD used the incorrect term
``enumeration districts'' in Sec. 570.208(a)(1)(iii) (B) and (D) of its
November 9, 1995 final rule. therefore, this document corrects these
paragraphs.
The effective date of this correction, December 11, 1995, reflects
the effective date of the November 9, 1995 final rule (60 FR 56892).
II. Housing Opportunity Program Extension Act of 1996
The November 9, 1995 final rule updated Sec. 570.201(n), by
providing that CDBG funds could be used to provide direct homeownership
assistance to low- and moderate-income households until October 1, 1995
(60 FR 56911). Although the eligibility for this activity had expired
by the date the Department published the final rule, the Department
maintained the provision in Sec. 570.201(n), hoping that Congress would
respond to the Department's request to reinstate the activity's
eligibility (60 FR 56905).
This document corrects Sec. 570.201(n) by removing the obsolete
reference to the expiration date. Section 3(a) of the Housing
Opportunity Program Extension Act of 1996 (Pub. L. 104-120; approved
March 28, 1996) renewed the eligibility of using CDBG funds to provide
direct homeownership assistance during Fiscal Year 1996 (October 1,
1995 through September 30, 1996). However, rather than simply changing
the date, which will again become obsolete and require additional
regulatory amendments, this document corrects the section to provide
that direct homeownership assistance is eligible ``subject to statutory
authority.'' In an effort to keep grantees informed, the Department
will attempt to publish a notice in the Federal Register as quickly as
possible if Congress does not reinstate this authority.
III. Other Corrections and Conforming Changes
The Department has also discovered several technical corrections
and changes to other sections of the regulations that it should have
included in the November 9, 1995 final rule. The Department will
publish a separate technical amendment to correct these sections. The
Department cannot include such corrections and changes in this
technical correction document, because they involve sections that the
Department did not otherwise amend in the November 9, 1995 final rule.
IV. Clarification Regarding ``Extent of Growth Lag''
The November 9, 1995 final rule revised the definition of ``Extent
of growth lag'' in Sec. 570.3 in an effort to reflect an amendment to
section 102(a)(12) of the Housing and Community Development Act of 1974
(the Act). This amendment, in section 904 of the Cranston-Gonzalez
National Affordable Housing Act (Pub. L. 101-625, approved November 28,
1990), provides instructions on adjusting population in the event of
annexation. In the November 9, 1995 final rule, the Department referred
to the 1990 Census in the erroneous belief that the Act requires the
most recent census data available when adjusting the ``extent of growth
lag'' calculation (see 60 FR 56905).
However, the Department has reconsidered its interpretation of the
Act and concludes that the Act's definition of ``Extent of growth lag''
requires the use of data from the 1980 Census, not the most recent
census data available, in cases where boundaries have changed as a
result of annexation. No further changes to the regulations are
necessary, however, since the Department already removed the incorrect
language from the definition in the CDBG Streamlining final rule,
[[Page 18674]]
published on March 20, 1996 (61 FR 11474). Section 570.3 now refers
directly to section 102(a)(12) of the Act for the definition of
``Extent of growth lag''.
Accordingly, FR Doc. 95-27488, a final rule published in the
Federal Register on November 9, 1995 (60 FR 56892), is corrected to
read as follows:
1. On page 56909, in the third column, in Sec. 570.3, the second
sentence of the definition of the term ``Income'' is corrected to read
as follows.
Sec. 570.3 Definitions.
* * * * *
Income. * * * The option to choose a definition does not apply to
activities that qualify under Sec. 570.208(a)(1) (Area benefit
activities), except when the recipient carries out a survey under
Sec. 570.208(a)(1)(vi). * * *
* * * * *
2. On page 56910, in the third column, in Sec. 570.200, paragraph
(d)(2) is corrected, and the third sentence of paragraph (e) is
corrected, to read as follows:
Sec. 570.200 General policies.
* * * * *
(d) * * *
(2) Independent contractor relationship. Consultant services
provided under an independent contractor relationship are governed by
the procurement requirements in 24 CFR 85.36, and are not subject to
the compensation limitation of Level IV of the Executive Schedule.
(e) * * * A written determination is required for any activity
carried out under the authority of Secs. 570.201(f), 570.201(i)(2),
570.201(p), 570.201(q), 570.202(b)(3), 570.206(f), 570.209, and
570.309.
* * * * *
2a. On page 56911, in the second column, in instruction paragraph
8., the words ``the introductory text of paragraph (n)'' are corrected
to read ``paragraph (n)''.
3. On page 56911, in the third column, in Sec. 570.201, paragraph
(n) is corrected to read as follows:
Sec. 570.201 Basic eligible activities.
* * * * *
(n) Homeownership assistance. Subject to statutory authority, CDBG
funds may be used to provide direct homeownership assistance to low-
and moderate-income households, as provided in section 105(a)(25) of
the Act.
* * * * *
4. On page 56912, in the second and third columns, in Sec. 570.208,
the second sentence of paragraph (a)(1)(iii)(B), the second sentence of
paragraph (a)(1)(iii)(D), and the first sentence of paragraph
(a)(1)(vi) are corrected to read as follows:
Sec. 570.208 Ineligible activities.
(a) * * *
(1) * * *
(iii) * * *
(B) * * * As available, the recipient must provide information that
identifies the total number of calls actually received over the
preceding 12-month period for each of the emergency services to be
covered by the emergency telephone number system and relates those
calls to the geographic segment (expressed as nearly as possible in
terms of census tracts, block numbering areas, block groups, or
combinations thereof that are contained within the segment) of the
service area from which the calls were generated. * * *
* * * * *
(D) * * * For this purpose, the recipient must include a
description of the boundaries of the service area of the emergency
telephone number system, the census divisions that fall within the
boundaries of the service area (census tracts or block numbering
areas), the total number of persons and the total number of low- and
moderate-income persons within each census division, the percentage of
low- and moderate-income persons within the service area, and the total
cost of the system.
* * * * *
(vi) In determining whether there is a sufficiently large
percentage of low- and moderate-income persons residing in the area
served by an activity to qualify under paragraphs (a)(1) (i), (ii), or
(vii) of this section, the most recently available decennial census
information must be used to the fullest extent feasible, together with
the section 8 income limits that would have applied at the time the
income information was collected by the Census Bureau. * * *
* * * * *
5. On page 56916, in the first column, in Sec. 570.506, paragraph
(c) is corrected to read as follows:
Sec. 570.506 Records to be maintained.
* * * * *
(c) Records that demonstrate that the recipient has made the
determinations required as a condition of eligibility of certain
activities, as prescribed in Secs. 570.201(f), 570.201(i)(2),
570.201(p), 570.201(q), 570.202(b)(3), 570.206(f), 570.209, and
570.309.
* * * * *
Dated: April 18, 1996.
Camille E. Acevedo,
Assistant General Counsel for Regulations.
[FR Doc. 96-10240 Filed 4-26-96; 8:45 am]
BILLING CODE 4210-29-M
Complete official Federal Register PDF
FR Doc. 96-10157 Executive Office for Immigration Review; Motions and Appeals in Immigration Proceedings
[Federal Register Volume 61, Number 83 (Monday, April 29, 1996)]
[Rules and Regulations]
[Pages 18900-18910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10157]
[[Page 18899]]
_______________________________________________________________________
Part IV
Department of Justice
_______________________________________________________________________
8 CFR Part 1, et al.
Executive Office of Immigration Review; Motions and Appeals in
Immigration Proceedings; Final Rule
Federal Register / Vol. 61, No. 83 / Monday, April 29, 1996 / Rules
and Regulations
[[Page 18900]]
DEPARTMENT OF JUSTICE
8 CFR Parts 1, 3, 103, 208, 212, 242, and 246
[EOIR No. 102F; AG Order No. 2020-96]
RIN 1125-AA01
Executive Office for Immigration Review; Motions and Appeals in
Immigration Proceedings
AGENCY: Department of Justice.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule streamlines motions and appeals practice
before the Board of Immigration Appeals (``Board''), and establishes a
centralized procedure for filing notices of appeal, fees, fee waiver
requests, and briefs directly with the Board. The rule establishes time
and number limitations on motions to reconsider and on motions to
reopen and makes certain changes to appellate procedures, in great
measure, to reflect the statutory directives of section 545 of the
Immigration Act of 1990. The new 30-day period for filing appeals and
the provisions for filing appeals directly with the Board apply to
Immigration Judge decisions issued on or after the effective date of
the final rule.
EFFECTIVE DATE: July 1, 1996.
FOR FURTHER INFORMATION CONTACT:
Margaret M. Philbin, General Counsel, Executive Office for Immigration
Review, Suite 2400, 5107 Leesburg Pike, Falls Church, Virginia 22041,
(703) 305-0470.
SUPPLEMENTARY INFORMATION: Under the final rule, parties will have the
opportunity to file only one motion to reopen and one motion to
reconsider during the administrative adjudication process. In most
instances, the motion to reopen must be filed not later than 90 days
after the date on which the final administrative decision was rendered
or on or before September 30, 1996, whichever is later. Generally, a
motion to reconsider must be filed not later than 30 days after the
date on which the final administrative decision was rendered on or
before July 31, 1996 whichever is later. The rule also provides that a
notice of appeal will be timely if filed within 30 days of the issuance
of an Immigration Judge's decision. The Department notes that the new
30-day period for filing appeals and the provisions for filing appeals
directly with the Board apply to Immigration Judge decisions issued on
or after the effective date of the final rule. Therefore, the old
regulation's 10-day period (13 days if the appeal is mailed) for filing
appeals and provisions for filing appeals with the Immigration Courts
apply to Immigration Judge decisions issued before the effective date
of this rule.
The rule outlines the required content of motions and notices of
appeal, and requires parties to file or remit directly with the Board
of Immigration Appeals (``Board''): (1) All motions to reopen and
motions to reconsider decisions of the Board pertaining to proceedings
before Immigration Judges; (2) all notices of appeals of decisions of
Immigration Judges; and (3) all relevant fees or fee waiver requests.
Furthermore, the rule addresses the definition of the term ``lawfully
admitted for permanent residence,'' the procedure for certifying a case
to the Board, and appeals of in absentia decisions. The Department
notes that the field sites of the Executive Office for Immigration
Review (``EOIR''), formerly referred to as the Offices of the
Immigration Judges, are now called Immigration Courts.
The Department of Justice has published a number of proposed rules
addressing both the motion practice and the appeals process before the
Board. Most recently, the Department published a proposed rule
regarding these procedures in May 1995 that incorporated and expanded
proposed rules published in May and June 1994. 60 FR 24573 (May 9,
1995); 59 FR 29386 (June 7, 1994); 59 FR 24977 (May 13, 1994).
In response to the above rulemakings, the Department received 71
comments. The comments addressed a number of issues, including the
definition of the term ``lawfully admitted for permanent residence,''
the time and number limitations on motions to reopen and reconsider,
the availability of an appeal where an order has been entered in
absentia (particularly in exclusion proceedings), the streamlined
appeals procedure, and the construction of briefing schedules for both
motions and appeals.
The Department has carefully considered and evaluated the issues
raised by the commenters and has modified the rule considerably. The
following sections summarize the comments, set forth the responses of
the Department of Justice, and explain the final provisions adopted. We
note that a number of technical corrections were made to the proposed
rule. These corrections include the addition of 8 U.S.C. 1282, 31
U.S.C. 9701 and 8 CFR part 2 to the authority citation for Part 208 and
the addition of 8 U.S.C. 1252a to the authority citation for Part 242.
(1) Definition of Lawful Permanent Resident--Section 1.1(p)
Comment: Some commenters objected that the definition of the term
``lawfully admitted for permanent residence'' in section 1.1(p)
provides that lawful permanent resident status terminates upon the
entry of a final administrative order of exclusion or deportation. They
argued that lawful permanent resident status is not deemed to be
terminated during the pendency of petitions for review, motions to
reopen and/or reconsider, and habeas corpus proceedings, citing cases
in the United States Courts of Appeal for the Ninth and Second
Circuits. Butros v. INS, 990 F.2d 1142 (9th Cir. 1993); Vargas v. INS,
938 F.2d 358 (2d Cir. 1991). In those cases, the courts held that under
the regulations regarding motions to reopen, lawful permanent resident
status could not be terminated prior to the alien's actual physical
departure from the United States.
Response and Disposition: After careful consideration, the
Department has decided to retain the regulation as previously proposed.
The finding that lawful permanent resident status terminates upon the
entry of a final administrative order of exclusion or deportation was
established by the Board in Matter of Lok, 18 I&N Dec. 101 (BIA 1981).
The Lok rule has been upheld by courts of appeals in at least four
circuits and provides finality in immigration proceedings. See
Jaramillo v. INS, 1 F.3d 1149 (11th Cir. 1993); Katsis v. INS, 997 F.2d
1067 (3d Cir. 1993), cert denied, 114 S.Ct. 902 (1994); Variamparambil
v. INS, 831 F.2d 1362 (7th Cir. 1987); Rivera v. INS, 810 F.2d 540 (5th
Cir. 1987). In addition, the Ninth Circuit recently held that where
deportability is not contested, lawful permanent resident status for
purposes of an application for a waiver under section 212(c) of the
Immigration and Nationality Act (``Act'') terminates upon the entry of
an administratively final order of exclusion or deportation. Foroughi
v. INS, 60 F.3d 510 (9th Cir. 1995).
The decisions in Butros and Vargas were tied closely to the former
regulations regarding motions. In Butros, the court emphasized that the
former section 3.2 was written very broadly and concluded that since
the only expressed barrier to reopening or reconsideration contained in
the regulation was actual departure from the United States, the Board
could not by decision limit the right to reopening. However, the court
specifically provided that the ``Board could, no doubt, alter this
regulation'' to allow
[[Page 18901]]
further restrictions. 990 F.2d. at 1144. In Vargas, the Second Circuit
also found that the former regulations preserved an alien's right to
move for reopening until the occurrence of physical deportation. The
court reasoned that, although the Board's decision in Lok prevented
reopening by an alien who had not accrued the required seven years
prior to a final administrative order of deportation, the Second
Circuit would not allow the Board, through the denial of a motion, to
extend the Lok rationale to terminate an alien's previously existing
eligibility for section 212(c) relief. 938 F.2d at 361. This final rule
addresses the ambiguity of the regulatory language noted in the Second
and Ninth Circuit decisions by establishing clear limits on the ability
to file a motion to reopen and the concomitant effect on the alien's
status as a lawful permanent resident. The definition at section 1.1
will be applied nationwide, which will promote the goal of uniform
application of the immigration laws.
Sections 3.2(c)(1) and 3.23(b)(4) are further amended to clarify
that, notwithstanding the provisions of section 1.1(p) of this chapter,
if an alien accrues the seven years of lawful unrelinquished domicile
necessary for eligibility for a waiver under section 212(c) of the Act
prior to the entry of an administratively final order of exclusion or
deportation, he or she may file a motion to reopen for consideration or
further consideration of such an application. An alien may not accrue
time toward the seven years of lawful unrelinquished domicile required
for section 212(c) purposes after the entry of a final administrative
order of exclusion or deportation.
(2) Motions To Reopen--Sections 3.2 and 3.23
Comment: Commenters noted that motions to reopen can serve any of
three fundamental purposes: (i) to provide an opportunity to bring new
evidence to light; (ii) to allow parties to avail themselves of recent
changes in the law; and (iii) to provide an opportunity for an
applicant to seek additional relief that was not previously available.
Given those purposes, commenters objected to the rule's time and number
limitations on motions to reopen.
The May 1995 proposed rule expanded the filing period for motions
to reopen from 20 days to 90 days. Commenters stated that this period
was insufficient to fulfill the purposes of motions to reopen as set
forth above. Commenters advocated either the elimination of any defined
filing period for motions to reopen or further expansion of the filing
period. In support of this position, they cited to a study conducted by
the Attorney General in 1991 (``AG Study''), see summary at 68
INTERPRETER RELEASES No. 27 at 907 (July 22, 1991), which concluded
that there was no abuse of the motions process. From this conclusion,
commenters disputed the necessity for any reform of the motions
process. A number of commenters alternatively requested that a ``good
cause'' exception to the time and number limitations be added to the
new provisions concerning motions to reopen.
Some commenters requested clearer language in section 3.2(c)(4)
regarding the motions to reopen and motions to remand provision.
Particularly, commenters were concerned that the rule required, rather
than permitted, the Board to remand a motion to reopen to an
Immigration Judge or a Service Officer when an appeal had already been
filed. Commenters advocated a rule that would expressly state that the
Board had discretion to render a decision on a motion to reopen without
remanding the motion.
Response and Disposition: After careful consideration, the
Department has decided to retain both the time and the number
limitations applicable to motions to reopen. The provision instituting
motions reform is statutorily required. The Immigration Act of 1990,
Pub. L. No. 101-649, 104 stat. 4978 (1990), states that ``the Attorney
General shall issue regulations with respect to * * * the period of
time in which motions to reopen and to reconsider may be offered in
deportation proceedings, which regulations shall include a limitation
on the number of such motions that may be filed and a maximum time
period for the filing of such motions.'' Immigration Act of 1990 at
Sec. 545(d), 104 stat. at 5066. The Joint Explanatory Statement of the
Committee of Conference, H.R. Conf. Rep. No. 955, 101st Cong., 2d Sess.
(1990) (``Conference Report''), explained this provision as follows:
``Unless the Attorney General finds reasonable evidence to the
contrary, the regulations should state that such motions be made within
20 days of the date of the final determination in the proceeding and
that such motions be limited to one motion to reopen and one motion to
reconsider.'' H.R. Conf. Rep. No. 955 at 133.
Some commenters argued that the Conference Report suggested that
the Attorney General has discretion to not promulgate the regulations
if she ``finds reasonable evidence to the contrary.'' However, the
Department of Justice believes that the statutory directive to
promulgate regulations limiting motions to reopen is mandatory. The
Attorney General is only given discretion to determine the number of
motions and the length of time to file such motions. It does not give
the Attorney General discretion to determine whether to promulgate a
rule putting limitations on motions.
Moreover, in a recent case, the Supreme Court noted that the
Immigration Act of 1990, which amended the Act, demonstrated a
congressional intent to ``expedite petitions for review and to redress
the related problem of successive and frivolous administrative appeals
and motions.'' Stone v. INS, 115 S.Ct. 1537, 1546 (1995). Justice
Kennedy, writing for the majority, stated:
Congress' intent in adopting and then amending the Act was to
expedite both the initiation and the completion of the judicial
review process. * * * [A] principal purpose of the 1990 amendments
to the Act was to expedite petitions for review and to redress the
related problem of successive and frivolous administrative appeals
and motions. In the Immigration Act of 1990, Congress * * * [f]irst
* * * directed the Attorney General to promulgate regulations
limiting the number of reconsideration and reopening motions that an
alien could file. Sec. 545(b). Second, it instructed the Attorney
General to promulgate regulations specifying the maximum time period
for the filing of those motions, hinting that a 20-day period would
be appropriate.
Stone v. INS, 115 S.Ct. at 1546 (emphasis supplied).
Although the AG Study concluded that there was not significant
abuse of the process, Congress has neither rescinded or amended its
mandate to limit the number and time frames of motions. Therefore, the
Attorney General's obligation to comply with Congress' statutory
directive is unaffected by the conclusions of the AG Study.
Prior to the final rulemaking, provisions concerning a time limit
for filing motions to reopen were published twice in proposed form. See
60 FR 24573 (May 9, 1995) and 59 FR 29386 (June 7, 1994). Consonant
with the Conference Report, the first proposed rule provided for a 20-
day time frame to file a motion. The Department received considerable
comment regarding the 1994 proposed rule. In response to the arguments
raised by the commenters, the May 1995 proposed rule provided for an
expanded 90-day time frame to file motions to reopen. The Department
received considerable comment in response to the May 1995 proposed
rule, with many commenters arguing that even the 90-day time frame was
[[Page 18902]]
inadequate for the reasons previously stated.
After carefully weighing all of the comments, the Department has
decided to retain the amount of time to file a motion to reopen at 90
days as provided in the May 1995 proposed rule. The 90-day time period
represents a considerable extension beyond the 20 days suggested in the
Conference Report. A time frame of 90 days for filing motions to reopen
will provide parties an opportunity to avail themselves of changed law,
facts, and circumstances. By setting a time limitation and retaining
the one motion limitation, the rule is consistent with section 545 of
the Immigration Act of 1990 and the directions of the Conference
Report. The 90-day time period also conforms to the period provided in
section 106(a) of the Act for filing a petition for review in federal
court from a final order of deportation (except, of course, for aliens
convicted of an aggravated felony who are limited to 30 days in which
to file a petition for review). Therefore, the 90-day period is likely
to promote consolidation of petitions for review of final orders of
deportation and motions, thereby increasing judicial efficiency.
The Department does not agree with the commenters' suggestions that
a ``good cause exception'' would be an appropriate procedural mechanism
for addressing exceptional cases that fall beyond this rule's time and
number limitations. Instead, section 3.2(a) of the rule provides a
mechanism that allows the Board to reopen or reconsider sua sponte and
provides a procedural vehicle for the consideration of cases with
exceptional circumstances.
The final rule corrects a technical error found in the May 1995
proposed rule regarding stays of deportation. In that proposed rule,
section 3.2(f) indicated that except where a motion is filed pursuant
to the provisions of section 3.23(b)(5), the filing of a motion to
reopen shall not stay the execution of any decision. This language is
identical to that found in the prior June 1994 proposed rule. However,
because of renumbering in the May 1995 proposed rule, section 3.2(f)
should have referenced section 3.23(b)(6), not section 3.23(b)(5) to
remain consistent. This oversight has been corrected although the
section numbering has again changed. The correct cross reference in the
final rule has become section 3.23(b)(4)(iii).
The Department has clarified the language of section 3.2(c)(4) by
replacing the word ``shall'' in the May 1995 proposed regulation with
the word ``may'' in the final rule. This language expressly recognizes
the Board's discretion to decide whether to treat a motion to reopen as
a motion to remand when it is filed at specified procedural junctures,
i.e., at the time of the filing of an appeal or during the pendency of
such an appeal but prior to a final Board decision. In such instances,
motions to remand are not subject to the time and number limitations on
motions to reopen and motions to reconsider as they occur before the
entry of a final administrative decision. For that reason, the final
rule drops the technically incorrect time and number limitation
language that appeared in the proposed rule. However, this provision
does not limit the Board's discretion to resolve a case without
remanding it.
In order to provide more consistency and uniformity in appellate
procedures, section 3.2(g)(3), regarding the motions briefing schedule,
has been changed to provide the opposing party 13 days from the date of
service of the motion to file a brief in opposition to a motion,
regardless of whether the motion is before the Board or the Service.
(3) Motions To Reconsider--Sections 3.2 and 3.23
Comment: A number of commenters objected to section 3.2(b) of the
May 1995 proposed rule, which allowed a petitioner to file only one
motion to reconsider within 30 days of the final administrative
decision, as unduly restrictive. The proposed 30-day filing period was
increased from the 20-day filing period of the June 1994 proposed rule.
However, commenters stated that even the 30-day time limit would work a
hardship on litigants, particularly pro se litigants. Furthermore, they
stated that the time limit might cut off meritorious claims. Some
commenters found the 30-day time limit adequate.
Some commenters argued that the AG Study supported the contention
that reform of the immigration motions process is unnecessary. They
also disputed that motion reform was mandated by the Immigration Act of
1990.
Response and Disposition: The final rule retains the proposed
rule's provisions regarding the time and number limitations on motions
to reconsider. The Department believes that these provisions afford
parties a sufficient opportunity to seek reexamination of certain
issues and also respond to the mandates of the Immigration Act of 1990
to impose time and number limitations on motions.
The purpose of a motion to reconsider a decision is to provide an
opportunity to reexamine the facts or to correct an error of law. The
time limitation ensures that such reexamination occurs before the facts
surrounding the decision become stale. The Department believes that the
30-day time frame is an appropriate time period to meet those goals.
Furthermore, it provides parties a sufficient amount of time to draft
and file the motion and is consistent with the 30-day time frame for
filing a notice of appeal. To make it clearer and more accessible to
the parties, section 3.23 has been reorganized.
(4) New Appeal Filing Procedures--Sections 3.3, 3.8, 3.38, 242.21 and
246.7
Comment: The vast majority of the commenters applauded the proposal
to streamline and centralize the appeal process. They were particularly
pleased that the notice of appeal and the fees/fee waiver requests
would be filed directly with the Board. However, commenters were
concerned that the requirement to provide a detailed statement of the
reasons for appeal in the notice of appeal essentially required an
appellant to argue his or her case prematurely. They suggested that
this requirement would be particularly burdensome to pro se and non-
English speaking appellants.
Commenters objected to the proposed time frames for filing notices
of appeal. Specifically, they stated that a period of 15 calendar days
from the issuance of an Immigration Judge's decision, where the
decision is rendered orally, and 20 calendar days from the mailing of
an Immigration Judge's decision, where a written decision is served by
mail, was too little time, particularly in light of the notice of
appeal's detailed statement requirement and delays in the mail service.
Commenters further argued that the appeals briefing schedule
provision, which accords non-detained aliens 30 days to file a brief
and detained aliens 14 days to file a brief, was inequitable and
fundamentally unfair because it treated two classes of appellants
differently. They also noted that the rule created a particular
hardship for detained appellants who, because of the fact of their
detention, have difficulty meeting filing deadlines. The commenters
were further concerned that the rule could be understood to require
parties to file briefs prior to receipt of the transcript.
Response and Disposition: The final rule retains the provisions
that streamline and centralize the appeals process. As outlined in the
proposed rule and republished in the final rule, the new appeals system
requires parties to file all notices of appeal of decisions of
Immigration Judges and all fee-related documents directly with the
Board. The
[[Page 18903]]
final rule has been amended to provide that a notice of appeal must be
filed within 30 calendar days after the mailing of an Immigration
Judge's written decision or within 30 days of the stating of an
Immigration Judge's oral decision. The time frame has been increased in
order to address concerns raised both by the circuit courts of appeals
and the commenters regarding the sufficiency of time to initiate the
appellate process. In keeping with the Department's goal of
streamlining the appeals process, the rule provides a uniform filing
process, whether the Immigration Judge's decision was rendered orally
or was written and served by mail.
The new process addresses concerns, identified by the Ninth
Circuit, about both the prior 10-day filing time period for appeals and
the requirement that parties remit the fee in one forum and file the
notice of appeal in another. See Gonzales-Julio v. INS, 34 F. 3d 820
(9th Cir. 1994); Vlaicu v. INS, 998 F. 2d 758 (9th Cir. 1993). This
final rule responds to those concerns by expanding the filing time for
appeal to 30 days and by requiring that the notice of appeal and the
fee be filed at the same place and time.
Additionally, the final rule makes uniform the briefing schedule
for both detained and non-detained appellants. Although the proposed
rule never anticipated requiring parties to submit a brief prior to
transcript availability in those cases which are transcribed, the final
rule contains clarifying language to that effect.
The Department has retained the requirement that parties
specifically identify their reasons for appeal on the notice of appeal.
The Board has repeatedly found this statement provides meaningful
information that aids the Board's review of the cases. Matter of
Valencia, 19 I&N Dec. 354 (BIA 1986); Matter of Holguin, 13 I&N Dec.
423 (BIA 1969). Furthermore, the statement requirement has been
consistently upheld by the circuit courts. Soriano v. INS, 45 F.3d 287
(8th Cir. 1995); Nazakat v. INS, 981 F.2d 1146 (10th Cir. 1992);
Toquero v. INS, 956 F.2d 193 (9th Cir. 1992); Lozada v. INS, 857 F.2d
10 (1st Cir. 1988); Bonne-Annee v. INS, 810 F.2d 1077 (11th Cir. 1987);
Townsend v. INS, 799 F.2d 179 (5th Cir. 1986).
A new paragraph ``(e)'' has been added to section 3.38 to inform
aliens that they are required to notify the Board within five working
days of any changes of address or telephone number and to inform the
aliens' representatives that changes in a representative's business
mailing address or telephone number also should be submitted to the
Board. The change of address and telephone number notification
requirement mirrors the reporting requirements in section 3.15 relating
to proceedings before Immigration Judges. Additionally, the Department
will issue a new Appeal Fee Waiver Request Form (EOIR-26A) in
conjunction with the enactment of this final rule. Parties unable to
pay the fee fixed for an appeal will be required to file this form with
their notice of appeal. The Department notes that this constitutes a
change from the Board's past practice of accepting in pauperis
affidavits and other informal requests to waive fees. The new Appeal
Fee Waiver Request (Form EOIR-26A) will provide a uniform mechanism for
requesting the Board to waive an appeal fee.
(5) In Absentia Hearings--Sections 3.1, 3.23 and 242.21
Comments: Commenters correctly asserted that section 242B(c) of the
Act regarding in absentia hearings applies only to deportation
proceedings. Therefore, they argued, a provision disallowing appeals
from orders of exclusion entered in absentia lacks statutory authority.
Commenters noted that the statute does not authorize in absentia
exclusion hearings and advocated the withdrawal of the provision that
provides for such hearings.
One commenter suggested that the in absentia hearing provisions in
section 242B restrict only motions to reopen and judicial review and do
not bar the timely filing of a notice of appeal on the merits of the
case where a respondent receives notification of the in absentia order
prior to expiration of the time to file an appeal. The commenter
advocated allowing direct appeals under such circumstances.
Commenters also objected to section 3.23(b)(4)(iii), formerly
section 3.23(b)(6), which specifies under what circumstances an order
of deportation entered in absentia may be rescinded. They noted that
the rule makes no provision for rescission of an order of exclusion
entered in absentia.
Response and Disposition: With regard to in absentia hearings under
section 242B(c) of the Act, the commenters are correct that the statute
only applies to deportation hearings and does not apply to in absentia
exclusion hearings and, further, that appeals from orders entered
following such exclusion hearings should be allowed. Therefore, the
provision in section 3.1(b)(1) of the proposed regulation that stated
that ``no appeal shall lie from an order of exclusion entered in
absentia'' has been removed. An appeal from an order of exclusion
entered in absentia is permissible but must be filed within the time
limit for appeals set by section 3.38(b).
Further, an alien may file a motion to reopen exclusion proceedings
to rescind an order of exclusion entered in absentia. Such a motion
must be supported by evidence that the alien had reasonable cause for
his failure to appear at the exclusion hearing. This provision is
consistent with the Board's decision in Matter of Haim, 19 I&N Dec. 641
(BIA 1988).
The rule retains the provision prohibiting an appeal to the Board
from an Immigration Judge's order of deportation entered in absentia.
Congress restricted review of deportation orders entered in absentia in
section 242B of the Act by providing that such orders may only be
rescinded by filing a motion to reopen with the Immigration Judge. See
section 242B(c)(1) of the Act; Matter of Gonzalez-Lopez, Interim
Decision #3198 (BIA 1993). Further, the Board has confirmed that
sections 3.1(b) and 3.3 allow an alien to appeal to the Board from an
Immigration Judge's denial of such a motion to reopen an in absentia
decision. Matter of Gonzales-Lopez at 4.
In addition to restricting the manner in which an in absentia order
of deportation may be rescinded, Congress delayed eligibility for most
forms of relief from deportation for an alien against whom a final
order of deportation is entered in absentia. See section 242B(e) of the
Act. Specifically, where the alien fails to demonstrate improper notice
or exceptional circumstances for failing to appear, the alien must wait
until five years after the final order of deportation to apply for
relief such as voluntary departure, suspension of deportation, or
adjustment of status. Accordingly, the Department has determined that a
bar against direct appeals from an in absentia deportation order of an
Immigration Judge to the Board is consistent with the restrictive
action Congress has taken towards such in absentia orders.
The Department considered the commenters' request for an appeal to
the Board on the merits of a deportation case in which an in absentia
order has been entered. However, we note that there exists the
opportunity for review of such an order in the federal courts. Section
106 of the Act provides for judicial review of final orders of
deportation including those entered in absentia. Specifically, section
242(B)(c)(4) allows for judicial review of an order entered in absentia
under
[[Page 18904]]
section 242B, regarding the validity of the notice provided to the
alien, the reasons for the alien's failure to appear, and the question
of whether the Service demonstrated deportability by clear, convincing,
and unequivocal evidence. Further, section 106(a)(5) of the Act allows
for the direct de novo review of a final administrative order of
deportation in federal district court, including one entered in
absentia, where the alien makes a non-frivolous claim to be a national
of the United States. In sum, given Congress' restrictive stance in
section 242B of the Act regarding review of orders of deportation
entered in absentia and in light of the fact that avenues still exist
for review in federal court of such orders, the Department has retained
the bar on direct appeals to the Board from an Immigration Judge's
order of deportation entered in abstentia.
This regulation has been drafted and reviewed in accordance with
Executive Order 12866, section 1(b). The Attorney General has
determined that this rule is not a significant regulatory action under
Executive Order 12866, section 3(f), and, accordingly, this rule has
not been reviewed by the Office of Management and Budget.
The Attorney General, in accordance with the Regulatory Flexibility
Act (5 U.S.C. 605(b)), has reviewed this final rule and, by approving
it, certifies that this rule will not have a significant economic
impact on a substantial number of small entities.
This final rule 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 section 6
of Executive Order 12612, it is determined that this rule does not have
sufficient federalism implications to warrant the preparation of a
Federalism Assessment.
List of Subjects
8 CFR Part 1
Administrative practice and procedure, Immigration.
8 CFR Part 3
Administrative practice and procedure, Immigration, Organization
and functions (Government agencies).
8 CFR Part 103
Administrative practice and procedure, Authority delegations
(Government agencies), Freedom of information, Privacy, Reporting and
record keeping requirements, Surety bonds.
8 CFR Part 208
Administrative practice and procedure, Aliens, Immigration,
Reporting and record keeping requirements.
8 CFR Part 212
Administrative practice and procedure, Aliens, Immigration,
Passports and visas, Reporting and record keeping requirements.
8 CFR Part 242
Administrative practice and procedure, Aliens.
8 CFR Part 246
Administrative practice and procedure, Aliens, Immigration.
Accordingly, Chapter I of title 8 of the Code of Federal
Regulations is amended as follows:
PART 1--DEFINITIONS
1. The authority citation for part 1 continues to read as follows:
Authority: 66 Stat. 173; 8 U.S.C. 1101; 28 U.S.C. 509, 510; 5
U.S.C. 301.
2. Section 1.1 is amended by adding a new paragraph (p) to read as
follows:
Sec. 1.1 Definitions.
* * * * *
(p) The term lawfully admitted for permanent residence means the
status of having been lawfully accorded the privilege of residing
permanently in the United States as an immigrant in accordance with the
immigration laws, such status not having changed. Such status
terminates upon entry of a final administrative order of exclusion or
deportation.
PART 3--EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
3. The authority citation for part 3 continues to read as follows:
Authority: 5 U.S.C. 301; 8 U.S.C. 1103, 1252 note, 1252b, 1362;
28 U.S.C. 509, 510, 1746; sec. 2, Reorg. Plan No. 2 of 1950, 3 CFR,
1949-1953 Comp., p. 1002.
4. Section 3.1 is amended by revising paragraphs (b)(1), (b)(2),
and (c) to read as follows:
Sec. 3.1 General authorities.
* * * * *
(b) * * *
(1) Decisions of Immigration Judges in exclusion cases, as provided
in part 236 of this chapter.
(2) Decisions of Immigration Judges in deportation cases, as
provided in part 242 of this chapter, except that no appeal shall lie
from an order of deportation entered in absentia. No appeal shall lie
from an order of an Immigration Judge under Sec. 244.1 of this chapter
granting voluntary departure within a period of at least 30 days, if
the sole ground of appeal is that a greater period of departure time
should have been fixed.
* * * * *
(c) Jurisdiction by certification. The Commissioner, or any other
duly authorized officer of the Service, any Immigration Judge, or the
Board may in any case arising under paragraph (b) of this section
certify such case to the Board. The Board in its discretion may review
any such case by certification without regard to the provisions of
Sec. 3.7 if it determines that the parties have already been given a
fair opportunity to make representations before the Board regarding the
case, including the opportunity request oral argument and to submit a
brief.
* * * * *
5. Section 3.2 is revised to read as follows:
Sec. 3.2 Reopening or reconsideration.
(a) General. The Board may at any time reopen or reconsider on its
own motion any case in which it has rendered a decision. A request to
reopen or reconsider any case in which a decision has been made by the
Board, which request is made by the Service, or by the party affected
by the decision, must be in the form of a written motion to the Board.
The decision to grant or deny a motion to reopen or reconsider is
within the discretion of the Board, subject to the restrictions of this
section. The Board has discretion to deny a motion to reopen even if
the party moving has made out a prima facie case for relief.
(b) Motion to reconsider. (1) A motion to reconsider shall state
the reasons for the motion by specifying the errors of fact or law in
the prior Board decision and shall be supported by pertinent authority.
A motion to reconsider a decision rendered by an Immigration Judge or
Service officer that is pending when an appeal is filed with the Board,
or that is filed subsequent to the filing with the Board of an appeal
from the decision sought to be reconsidered, shall be deemed a motion
to remand the decision for further proceedings before the Immigration
Judge or the Service officer from whose decision the appeal was taken.
Such motion, which shall be consolidated with and considered by the
Board in connection with any appeal to the Board, is subject to the
time and numerical limitations of paragraph (b)(2) of this section.
(2) A motion to reconsider a decision must be filed with the Board
within 30
[[Page 18905]]
days after the mailing of the Board decision or on or before July 31,
1996, whichever is later. A party may file only one motion to
reconsider any given decision and may not seek reconsideration of a
decision denying a previous motion to reconsider.
(c) Motion to reopen. (1) A motion to reopen proceedings shall
state the new facts that will be proven at a hearing to be held if the
motion is granted and shall be supported by affidavits or other
evidentiary material. A motion to reopen proceedings for the purpose of
submitting an application for relief must be accompanied by the
appropriate application for relief and all supporting documentation. A
motion to reopen proceedings shall not be granted unless it appears to
the Board that evidence sought to be offered is material and was not
available and could not have been discovered or presented at the former
hearing; nor shall any motion to reopen for the purpose of affording
the alien an opportunity to apply for any form of discretionary relief
be granted if it appears that the alien's right to apply for such
relief was fully explained to him or her and an opportunity to apply
therefore was afforded at the former hearing, unless the relief is
sought on the basis of circumstances that have arisen subsequent to the
hearing. Subject to the other requirements and restrictions of this
section, and notwithstanding the provisions in Sec. 1.1(p) of this
chapter, a motion to reopen proceedings for consideration or further
consideration of an application for relief under section 212(c) of the
Act (8 U.S.C. 1182(c)) may be granted if the alien demonstrates that he
or she was statutorily eligible for such relief prior to the entry of
the administratively final order of deportation.
(2) Except as provided in paragraph (c)(3) of this section, a party
may file only one motion to reopen proceedings (whether before the
Board or the Immigration Judge) and that motion must be filed not later
than 90 days after the date on which the final administrative decision
was rendered in the proceeding sought to be reopened, or on or before
September 30, 1996, whichever is later.
(3) The time and numerical limitations set forth in paragraph
(c)(2) of this section shall not apply to a motion to reopen
proceedings:
(i) Filed pursuant to the provisions of Sec. 3.23(b)(4)(iii);
(ii) To apply or reapply for asylum, or withholding of deportation,
based on changed circumstances arising in the country of nationality or
in the country to which deportation has been ordered, if such evidence
is material and was not available and could not have been discovered or
presented at the former hearing; or
(iii) Agreed upon by all parties and jointly filed. Notwithstanding
such agreement, the parties may contest the issues in a reopened
proceeding.
(4) A motion to reopen a decision rendered by an Immigration Judge
or Service officer that is pending when an appeal is filed, or that is
filed while an appeal is pending before the Board, may be deemed a
motion to remand for further proceedings before the Immigration Judge
or the Service officer from whose decision the appeal was taken. Such
motion may be consolidated with, and considered by the Board in
connection with, the appeal to the Board.
(d) Departure or deportation. A motion to reopen or a motion to
reconsider shall not be made by or on behalf of a person who is the
subject of deportation or exclusion proceedings subsequent to his or
her departure from the United States. Any departure from the United
States, including the deportation of a person who is the subject of
deportation or exclusion proceedings, occurring after the filing of a
motion to reopen or a motion to reconsider, shall constitute a
withdrawal of such motion.
(e) Judicial proceedings. Motions to reopen or reconsider shall
state whether the validity of the deportation or exclusion order has
been or is the subject of any judicial proceeding and, if so, the
nature and date thereof, the court in which such proceeding took place
or is pending, and its result or status. In any case in which a
deportation or exclusion order is in effect, any motion to reopen or
reconsider such order shall include a statement by or on behalf of the
moving party declaring whether the subject of the order is also the
subject of any pending criminal proceeding under section 242(e) of the
Act (8 U.S.C. 1252(e)), and, if so, the current status of that
proceeding. If a motion to reopen or reconsider seeks discretionary
relief, the motion shall include a statement by or on behalf of the
moving party declaring whether the alien for whose relief the motion is
being filed is subject to any pending criminal prosecution and, if so,
the nature and current status of that prosecution.
(f) Stay of deportation. Except where a motion is filed pursuant to
the provisions of Sec. 3.23(b)(4)(iii), the filing of a motion to
reopen or a motion to reconsider shall not stay the execution of any
decision made in the case. Execution of such decision shall proceed
unless a stay of execution is specifically granted by the Board, the
Immigration Judge, or an authorized officer of the Service.
(g) Filing procedures. (1) English language, entry of appearance,
and proof of service requirements. A motion and any submission made in
conjunction with a motion must be in English or accompanied by a
certified English translation. If the moving party, other than the
Service, is represented, a Notice of Entry of Appearance as Attorney or
Representative Before the Board (Form EOIR-27) must be filed with the
motion. In all cases, the motion shall include proof of service on the
opposing party of the motion and all attachments.
(2) Distribution of motion papers. (i) A motion to reopen or motion
to reconsider a decision of the Board pertaining to proceedings before
an Immigration Judge shall be filed directly with the Board. Such
motion must be accompanied by a check, money order, or fee waiver
request in satisfaction of the fee requirements of Sec. 3.8. The record
of proceeding pertaining to such a motion shall be forwarded to the
Board upon the request or order of the Board.
(ii) A motion to reopen or a motion to reconsider a decision of the
Board pertaining to a matter initially adjudicated by an officer of the
Service shall be filed with the officer of the Service having
administrative control over the record of proceeding.
(iii) If the motion is made by the Service in proceedings in which
the Service has administrative control over the record of proceedings,
the record of proceedings in the case and the motion shall be filed
directly with the Board. If such motion is filed directly with an
office of the Service, the entire record of proceeding shall be
forwarded to the Board by the Service officer promptly upon receipt of
the briefs of the parties, or upon expiration of the time allowed for
the submission of such briefs.
(3) Briefs and response. The moving party may file a brief if it is
included with the motion. If the motion is filed directly with the
Board pursuant to paragraph (g)(2)(i) of this section, the opposing
party shall have 13 days from the date of service of the motion to file
a brief in opposition to the motion directly with the Board. If the
motion is filed with an office of the Service pursuant to paragraph
(g)(2)(ii) of this section, the opposing party shall have 13 days from
the date of filing of the motion to file a brief in opposition to the
motion directly with the office of the Service. In all cases, briefs
and any other filings made in conjunction with a motion shall include
proof of service on the opposing party. The Board, in its
[[Page 18906]]
discretion, may extend the time within which such brief is to be
submitted and may authorize the filing of a brief directly with the
Board. A motion shall be deemed unopposed unless a timely response is
made. The Board may, in its discretion, consider a brief filed out of
time.
(h) Oral argument. A request for oral argument, if desired, shall
be incorporated in the motion to reopen or reconsider. The Board, in
its discretion, may grant or deny requests for oral argument.
(i) Ruling on motion. Rulings upon motions to reopen or motions to
reconsider shall be by written order. If the order directs a reopening
and further proceedings are necessary, the record shall be returned to
the Immigration Court or the officer of the Service having
administrative control over the place where the reopened proceedings
are to be conducted. If the motion to reconsider is granted, the
decision upon such reconsideration shall affirm, modify, or reverse the
original decision made in the case.
6. Section 3.3 is revised to read as follows:
Sec. 3.3 Notice of appeal.
(a) Filing. (1) Appeal from decision of an Immigration Judge. A
party affected by a decision who is entitled under this chapter to
appeal to the Board from a decision of an Immigration Judge shall be
given notice of his or her right to appeal. An appeal from a decision
of an Immigration Judge shall be taken by filing a Notice of Appeal to
the Board of Immigration Appeals of Decision of Immigration Judge (Form
EOIR-26) directly with the Board, within the time specified in the
governing sections of this chapter. The appealing parties are only
those parties who are covered by the decision of an Immigration Judge
and who are specifically named on the Notice of Appeal. The appeal must
be accompanied by a check, money order, or fee waiver request in
satisfaction of the fee requirements of Sec. 3.8. If the respondent/
applicant is represented, a Notice of Entry of Appearance as Attorney
or Representative Before the Board (Form EOIR-27) must be filed with
the Notice of Appeal. The appeal must reflect proof of service of a
copy of the appeal and all attachments on the opposing party. The
appeal and all attachments must be in English or accompanied by a
certified English translation. An appeal is not properly filed unless
it is received at the Board, along with all required documents, fees or
fee waiver requests, and proof of service, within the time specified in
the governing sections of this chapter. A notice of appeal may not be
filed by any party who has waived appeal pursuant to Sec. 3.39.
(2) Appeal from decision of a Service officer. A party affected by
a decision who is entitled under this chapter to appeal to the Board
from a decision of a Service officer shall be given notice of his or
her right to appeal. An appeal from a decision of a Service officer
shall be taken by filing a Notice of Appeal to the Board of Immigration
Appeals of Decision of District Director (Form EOIR-29) directly with
the office of the Service having administrative control over the record
of proceeding within the time specified in the governing sections of
this chapter. The appeal must be accompanied by a check, money order,
or fee waiver request in satisfaction of the fee requirements of
Sec. 3.8 and, if the appellant is represented, a Notice of Entry of
Appearance as Attorney or Representative Before the Board (Form EOIR-
27). The appeal and all attachments must be in English or accompanied
by a certified English translation. An appeal is not properly filed
until its receipt at the appropriate office of the Service, together
with all required documents and fees, and the fee provisions of
Sec. 3.8 are satisfied.
(b) Statement of the basis of appeal. The party taking the appeal
must identify the reasons for the appeal in the Notice of Appeal (Form
EOIR-26 or Form EOIR-29) or in any attachments thereto, in order to
avoid summary dismissal pursuant to Sec. 3.1(d)(1-a)(i). The statement
must specifically identify the findings of fact, the conclusions of
law, or both, that are being challenged. If a question of law is
presented, supporting authority must be cited. If the dispute is over
the findings of fact, the specific facts contested must be identified.
Where the appeal concerns discretionary relief, the appellant must
state whether the alleged error relates to statutory grounds of
eligibility or to the exercise of discretion and must identify the
specific factual and legal finding or findings that are being
challenged. The appellant must also indicate in the Notice of Appeal
(Form EOIR-26 or Form EOIR-29) whether he or she desires oral argument
before the Board and whether he or she will be filing a separate
written brief or statement in support of the appeal.
(c) Briefs. (1) Appeal from decision of an Immigration Judge.
Briefs in support of or in opposition to an appeal from a decision of
an Immigration Judge shall be filed directly with the Board. In those
cases that are transcribed, the briefing schedule shall be set by the
Board after the transcript is available. An appellant shall be provided
30 days in which to file a brief, unless a shorter period is specified
by the Board. The appellee shall have the same period of time in which
to file a reply brief that was initially granted to the appellant to
file his or her brief. The time to file a reply brief commences from
the date upon which the appellant's brief was due, as originally set or
extended by the Board. The Board, upon written motion, may extend the
period for filing a brief or a reply brief for up to 90 days for good
cause shown. In its discretion, the Board may consider a brief that has
been filed out of time. All briefs, filings, and motions filed in
conjunction with an appeal shall include proof of service on the
opposing party.
(2) Appeal from decision of a Service officer. Briefs in support of
or in opposition to an appeal from a decision of a Service officer
shall be filed directly with the office of the Service having
administrative control over the file in accordance with a briefing
schedule set by that office. The alien shall be provided 30 days in
which to file a brief, unless a shorter period is specified by the
Service officer from whose decision the appeal is taken. The Service
shall have the same period of time in which to file a reply brief that
was initially granted to the alien to file his or her brief. The time
to file a reply brief commences from the date upon which the alien's
brief was due, as originally set or extended. Upon written request of
the alien, the Service officer from whose decision the appeal is taken
or the Board may extend the period for filing a brief for good cause
shown. The Board may authorize the filing of briefs directly with the
Board. In its discretion, the Board may consider a brief that has been
filed out of time. All briefs and other documents filed in conjunction
with an appeal, unless filed by an alien directly with a Service
office, shall include proof of service on the opposing party.
(d) Effect of certification. The certification of a case, as
provided in this part, shall not relieve the party affected from
compliance with the provisions of this section in the event that he or
she is entitled and desires to appeal from an initial decision, nor
shall it serve to extend the time specified in the applicable parts of
this chapter for the taking of an appeal.
(e) Effect of departure from the United States. Departure from the
United States of a person who is the subject of deportation
proceedings, prior to the taking of an appeal from a decision in his or
her case, shall constitute a waiver of his or her right to appeal.
7. Section 3.4 is revised to read as follows:
[[Page 18907]]
Sec. 3.4 Withdrawal of appeal.
In any case in which an appeal has been taken, the party taking the
appeal may file a written withdrawal thereof with the office at which
the notice of appeal was filed. If the record in the case has not been
forwarded to the Board on appeal in accordance with Sec. 3.5, the
decision made in the case shall be final to the same extent as if no
appeal had been taken. If the record has been forwarded on appeal, the
withdrawal of the appeal shall be forwarded to the Board and, if no
decision in the case has been made on the appeal, the record shall be
returned and the initial decision shall be final to the same extent as
if no appeal had been taken. If a decision on the appeal has been made
by the Board in the case, further action shall be taken in accordance
therewith. Departure from the United States of a person who is the
subject of deportation proceedings subsequent to the taking of an
appeal, but prior to a decision thereon, shall constitute a withdrawal
of the appeal, and the initial decision in the case shall be final to
the same extent as though no appeal had been taken.
8. Section 3.5 is revised to read as follows:
Sec. 3.5 Forwarding of record on appeal.
(a) Appeal from decision of an Immigration Judge. If an appeal is
taken from a decision of an Immigration Judge, the record of proceeding
shall be forwarded to the Board upon the request or the order of the
Board.
(b) Appeal from decision of a Service officer. If an appeal is
taken from a decision of a Service officer, the record of proceeding
shall be forwarded to the Board by the Service officer promptly upon
receipt of the briefs of the parties, or upon expiration of the time
allowed for the submission of such briefs. A Service officer need not
forward such an appeal to the Board, but may reopen and reconsider any
decision made by the officer if the new decision will grant the benefit
that has been requested in the appeal. The new decision must be served
on the appealing party within 45 days of receipt of any briefs or upon
expiration of the time allowed for the submission of any briefs. If the
new decision is not served within these time limits or the appealing
party does not agree that the new decision disposes of the matter, the
record of proceeding shall be immediately forwarded to the Board.
9. Section 3.6 is revised to read as follows:
Sec. 3.6 Stay of execution of decision.
(a) Except as provided under Sec. 242.2(d) of this chapter and
paragraph (b) of this section, the decision in any proceeding under
this chapter from which an appeal to the Board may be taken shall not
be executed during the time allowed for the filing of an appeal unless
a waiver of the right to appeal is filed, nor shall such decision be
executed while an appeal is pending or while a case is before the Board
by way of certification.
(b) The provisions of paragraph (a) of this section shall not apply
to an order of an Immigration Judge under Sec. 3.23 or Sec. 242.22 of
this chapter denying a motion to reopen or reconsider or to stay
deportation, except where such order expressly grants a stay or where
the motion was filed pursuant to the provisions of Sec. 3.23(b)(4)(ii).
The Board may, in its discretion, stay deportation while an appeal is
pending from any such order if no stay has been granted by the
Immigration Judge or a Service officer.
10. Section 3.7 is revised to read as follows:
Sec. 3.7 Notice of Certification.
Whenever, in accordance with the provisions of Sec. 3.1(c), a case
is certified to the Board, the alien or other party affected shall be
given notice of certification. An Immigration Judge or Service officer
may certify a case only after an initial decision has been made and
before an appeal has been taken. If it is known at the time the initial
decision is rendered that the case will be certified, the notice of
certification shall be included in such decision and no further notice
of certification shall be required. If it is not known until after the
initial decision is rendered that the case will be certified, the
office of the Service or the Immigration Court having administrative
control over the record of proceeding shall cause a Notice of
Certification to be served upon the parties. In either case, the notice
shall inform the parties that the case is required to be certified to
the Board and that they have the right to make representations before
the Board, including the making of a request for oral argument and the
submission of a brief. If either party desires to submit a brief, it
shall be submitted to the office of the Service or the Immigration
Court having administrative control over the record of proceeding for
transmittal to the Board within the time prescribed in Sec. 3.3(c). The
case shall be certified and forwarded to the Board by the office of the
Service or Immigration Court having administrative jurisdiction over
the case upon receipt of the brief, or upon the expiration of the time
within which the brief may be submitted, or upon receipt of a written
waiver of the right to submit a brief. The Board in its discretion may
elect to accept for review or not accept for review any such certified
case. If the Board declines to accept a certified case for review, the
underlying decision shall become final on the date the Board declined
to accept the case.
11. Section 3.8 is revised to read as follows:
Sec. 3.8 Fees.
(a) Appeal from decision of an Immigration Judge or motion within
the jurisdiction of the Board. Except as provided in paragraph (c) of
this section or when filed by an officer of the Service, a Notice of
Appeal to the Board of Immigration Appeals of Decision of Immigration
Judge (Form EOIR-26) filed pursuant to Sec. 3.3(a), or a motion related
to Immigration Judge proceedings that is within the jurisdiction of the
Board and is filed directly with the Board pursuant to Sec. 3.2(g),
shall be accompanied by the fee specified in applicable provisions of
Sec. 103.7(b)(1) of this chapter. Fees shall be paid by check or money
order payable to the ``United States Department of Justice.''
Remittances must be drawn on a bank or other institution located in the
United States and be payable in United States currency. A remittance
shall not satisfy the fee requirements of this section if the
remittance is found uncollectible.
(b) Appeal from decision of a Service officer or motion within the
jurisdiction of the Board. Except as provided in paragraph (c) of this
section, a Notice of Appeal to the Board of Immigration Appeals of
Decision of District Director (Form EOIR-29), or a motion related to
such a case filed under this part by any person other than an officer
of the Service, filed directly with the Service shall be accompanied by
the appropriate fee specified, and remitted in accordance with the
provisions of Sec. 103.7 of this chapter.
(c) Waiver of fees. The Board may, in its discretion, authorize the
prosecution of any appeal or any motion over which the Board has
jurisdiction without payment of the required fee. In any case in which
an alien or other party affected is unable to pay the fee fixed for an
appeal or motion, he or she shall file with the Notice of Appeal (Form
EOIR-26 or Form EOIR-29) or motion, an Appeal Fee Waiver Request, (Form
EOIR-26A). If the request does not establish the inability to pay the
required fee, the appeal or motion will not be deemed properly filed.
12. Section 3.23 is amended by revising paragraph (b) to read as
follows:
[[Page 18908]]
Sec. 3.23 Motions.
* * * * *
(b) Reopening/Reconsideration. (1) The Immigration Judge may upon
his or her own motion, or upon motion of the trial attorney or the
alien, reopen or reconsider any case in which he or she has made a
decision, unless jurisdiction in the case is vested in the Board of
Immigration Appeals under part 3 of this chapter. If the Immigration
Judge is unavailable or unable to adjudicate the motion to reopen, the
Chief Immigration Judge or his delegate shall reassign such motion to
another Immigration Judge. Motions to reopen or reconsider a decision
of the Immigration Judge must filed with the Immigration Court having
administrative control over the record of proceeding. Such motions
shall comply with applicable provisions of 8 CFR 208.4, 208.19, and
242.22. The Immigration Judge may set and extend time limits for
replies to motions to reopen or reconsider. A motion shall be deemed
unopposed unless timely response is made. A motion to reconsider shall
state the reasons for the motion and shall be supported by pertinent
authority. Any motion to reopen for the purpose of acting on an
application for relief must be accompanied by the appropriate
application for relief and all supporting documents.
(2) Upon request by an alien in conjunction with a motion to reopen
or a motion to reconsider, the Immigration Judge may stay the execution
of a final order of deportation or exclusion. The filing of a motion to
reopen pursuant to the provisions of paragraph (b)(4)(iii) of this
section shall stay the deportation of the alien pending decision on the
motion and the adjudication of any properly filed administrative
appeal.
(3) A motion to reconsider must be filed on or before July 31,
1996, on which the decision for which reconsideration is being sought
was rendered, or whichever is later. A party may file only one motion
to reconsider any given decision and may not seek reconsideration of a
decision denying a previous motion to reconsider.
(4) A motion to reopen will not be granted unless the Immigration
Judge is satisfied that evidence sought to be offered is material and
was not available and could not have been discovered or presented at
the hearing. A motion to reopen will not be granted for the purpose of
providing the alien an opportunity to apply for any form of
discretionary relief if the alien's rights to make such application
were fully explained to him or her by the Immigration Judge and he or
she was afforded an opportunity to apply at the hearing, unless the
relief is sought on the basis of circumstances that have arisen
subsequent to the hearing. Subject to the other requirements and
restrictions of this section, and notwithstanding the provisions in
1.1(p) of this chapter, a motion to reopen proceedings for
consideration or further consideration of an application for relief
under section 212(c) of the Act (8 U.S.C. 1182(c)) may be granted if
the alien demonstrates that he or she was statutorily eligible for such
relief prior to the entry of the administratively final order of
deportation.
(i) Except as provided in paragraph (b)(4)(ii) of this section, a
party may file only one motion to reopen proceedings (whether before
the Board or the Immigration Judge) and that motion must be filed not
later than 90 after the date on which the final administrative decision
was rendered in the proceeding sought to be reopened, or on or before
September 30, 1996, whichever is later.
(ii) The time and numerical limitations set forth in paragraph
(b)(4)(i) of this section shall not apply to a motion to reopen filed
pursuant to the provisions of paragraph (b)(4)(iii) of this section, or
to a motion to reopen proceedings to apply or reapply for asylum or for
withholding of deportation based on changed circumstances, which arise
subsequent to the conclusion of proceedings, in the country of
nationality or in the country to which deportation has been ordered, or
to a motion to reopen agreed upon by all parties and jointly filed.
(iii) A motion to reopen deportation proceedings to rescind an
order of deportation entered in absentia must be filed:
(A) Within 180 days after the date of the order of deportation. The
motion must demonstrate that the failure to appear was because of
exceptional circumstances beyond the control of the alien (e.g.,
serious illness of the alien or death of an immediate relative of the
alien, but not including less compelling circumstances); or
(B) At any time if the alien demonstrates that the alien did not
receive notice in accordance with subsection 242B(a)(2) of the Act (8
U.S.C. 1252b(a)(2)) and notice was required pursuant to such
subsection; or the alien demonstrates that the alien was in federal or
state custody and did not appear through no fault of the alien.
(iv) A motion to reopen exclusion hearings on the basis that the
Immigration Judge improperly entered an order of exclusion in absentia
must be supported by evidence that the alien had reasonable cause for
his failure to appear.
13. Section 3.24 is revised to read as follows:
Sec. 3.24 Fees pertaining to matters within the jurisdiction of the
Immigration Judge.
Unless waived by the Immigration Judge, any fee pertaining to a
matter within the jurisdiction of the Immigration Judge shall be
remitted in accordance with the provisions of Sec. 103.7 of this
chapter. Any such fee may be waived by the Immigration Judge upon a
showing that the respondent/applicant is incapable of paying the fees
because of indigency. A properly executed affidavit or unsworn
declaration made pursuant to 28 U.S.C. 1746 by the respondent/applicant
must accompany the request for waiver of fees and shall substantiate
the indigency of the respondent/application.
14. Section 3.31 is amended by revising paragraph (b) to read as
follows:
Sec. 3.31 Filing documents and applications.
* * * * *
(b) All documents or applications requiring the payment of a fee
must be accompanied by a fee receipt from the Service or by an
application for a waiver of fees pursuant to Sec. 3.24. Except as
provided in Sec. 3.8(a)(c), any fee relating to Immigration Judge
proceedings shall be paid to, and accepted by, any Service office
authorized to accept fees for other purposes pursuant to Sec. 103.7(a)
of this chapter.
* * * * *
15. Section 3.38 is amended by revising paragraph (b);
redesignating paragraphs (c) and (d) as paragraphs (f) and (g),
respectively; and adding new paragraphs (c),(d) and (e) to read as
follows:
Sec. 3.38 Appeals.
* * * * *
(b) The Notice of Appeal to the Board of Immigration Appeals of
Decision of Immigration Judge (Form EOIR-26) shall be filed directly
with the Board of Immigration Appeals within 30 calendar days after the
stating of an Immigration Judge's oral decision or the mailing of an
Immigration Judge's written decision. If the final date for filing
falls on a Saturday, Sunday, or legal holiday, this appeal time shall
be extended to the next business day. A Notice of Appeal (Form EOIR-26)
may not be filed by any party who has waived appeal.
(c) The date of filing of the Notice of Appeal (Form EOIR-26) shall
be the date the Notice is received by the Board.
(d) A Notice of Appeal (Form EOIR-26) must be accompanied by the
appropriate fee or by an Appeal Fee Waiver Request (Form EOIR-26A). If
the fee is not paid or the Appeal Fee Waiver
[[Page 18909]]
Request (Form EOIR-26A) is not filed within the specified time period
indicated in paragraph(b) of this section, the appeal will not be
deemed properly filed and the decision of the Immigration Judge shall
be final to the same extent as though no appeal had been taken.
(e) Within five working days of any change of address, an alien
must provide written notice of the change of address on Form EOIR-33 to
the Board. Where a party is represented, the representative should also
provide to the Board written notice of any change in the
representative's business mailing address.
* * * * *
PART 103--POWERS AND DUTIES OF SERVICE OFFICERS; AVAILABILITY OF
SERVICE RECORDS
16. The authority citation for part 103 continues to read as
follows:
Authority: 5 U.S.C. 552, 552(a); 8 U.S.C. 1101, 1103, 1201, 1252
note, 1252b, 1304, 1356; 31 U.S.C. 9701; E.O. 12356, 47 FR 14874,
15557, 3 CFR, 1982 Comp., p. 166; 8 CFR part 2.
Sec. 103.5 [Amended]
17. In Sec. 103.5, paragraph (a)(1)(i) is amended by revising the
phrase ``parts 210, 242, or 245a'' in the first sentence to read
``parts 3, 210, 242 and 245a,''.
18. In Sec. 103.7, paragraph (a) is revised to read as follows:
Sec. 103.7 Fees.
(a) Remittances. Fees prescribed within the framework of 31 U.S.C.
483a shall be submitted with any formal application or petition
prescribed in this chapter and shall be in the amount prescribed by law
or regulation. Except for fees remitted directly to the Board pursuant
to the provisions of Sec. 3.8(a) of this chapter, any fee relating to
any Executive Office for Immigration Review proceeding shall be paid
to, and accepted by, any Service office authorized to accept fees.
Payment of any fee under this section does not constitute filing of the
document with the Board or with the Immigration Court. The Service
shall return to the payer, at the time of payment, a receipt for any
fee paid. The Service shall also return to the payer any documents,
submitted with the fee, relating to any Immigration Judge proceeding. A
charge of $5 will be imposed if a check in payment of a fee is not
honored by the bank on which it is drawn. An issued receipt for any
such remittance shall not be binding if the remittance is found
uncollectible. Remittances must be drawn on a bank or other institution
located in the United States and be payable in United States currency.
Fees in the form of postage stamps shall not be accepted. Remittances
to the Service shall be made payable to the ``Immigration and
Naturalization Service,'' except that in case of applicants residing in
the Virgin Islands of the United States, the remittances shall be made
payable to the ``Commissioner of Finance of the Virgin Islands'' and,
in the case of applicants residing in Guam, the remittances shall be
made payable to the ``Treasurer, Guam.'' If application to the Service
is submitted from outside the United States, remittance may be made by
bank international money order or foreign draft drawn on a financial
institution in the United States and payable to the Immigration and
Naturalization Service in United States currency. Remittances to the
Board shall be made payable to the ``United States Department of
Justice.''
* * * * *
PART 208--PROCEDURES FOR ASYLUM AND WITHHOLDING OF DEPORTATION
19. The authority citation for part 208 is revised to read as
follows:
Authority: 8 U.S.C. 1103, 1158, 1226, 1252, 1252 note, 1252b,
1253, 1282 and 1283; 31 U.S.C. 9701; and 8 CFR part 2.
20. In Sec. 208.19, paragraph (a) is revised to read as follows:
Sec. 208.19 Motion to reopen or reconsider.
(a) A proceeding in which asylum or withholding of deportation was
denied may be reopened or a decision from such a proceeding
reconsidered for proper cause upon motion pursuant to the requirements
of 8 CFR 3.2, 3.23, 103.5, and 242.22 where applicable.
* * * * *
PART 236--EXCLUSION OF ALIENS
21. The authority citation for part 236 continues to read as
follows:
Authority: 8 U.S.C. 1103, 1182, 1224, 1225, 1226, 1362.
22. Section 236.7 is revised to read as follows:
Sec. 236.7 Appeals.
Except as limited by section 236 of the Act, an appeal from a
decision of an Immigration Judge under this part may be taken by either
party pursuant to Sec. 3.38 of this chapter.
PART 242--PROCEEDINGS TO DETERMINE DEPORTABILITY OF ALIENS IN THE
UNITED STATES: APPREHENSION, CUSTODY, HEARING, AND APPEAL
23. The authority citation for part 242 is revised to read as
follows:
Authority: 8 U.S.C. 1103, 1182, 1186a, 1251, 1252, 1252 note,
1252a, 1252b, 1254, 1362; 8 CFR part 2.
Sec. 242.19 [Amended]
24. In Sec. 242.19, the form number ``I-290A'' is removed each time
it appears and, in its place, the form number ``EOIR-26'' is added in
paragraphs (6) and (c).
25. In Sec. 242.21, paragraph (a) is revised to read as follows:
Sec. 242.21 Appeals.
(a) Pursuant to part 3 of this chapter, an appeal shall lie from a
decision of an Immigration Judge to the Board, except that no appeal
shall lie from an order of deportation entered in absentia. The
procedures regarding the filing of a Notice of Appeal (Form EOIR-26),
fees, and briefs are set forth in Secs. 3.3, 3.31, and 3.38 of this
chapter. An appeal shall be filed within 30 calendar days after the
mailing of a written decision, the stating of an oral decision, or the
service of a summary decision. The filing date is defined as the date
of receipt of the Notice of Appeal by the Board of Immigration Appeals.
The reasons for the appeal shall be stated in the Notice of Appeal
(Form EOIR-26) in accordance with the provisions of Sec. 3.3(b) of this
chapter. Failure to do so may constitute a ground for dismissal of the
appeal by the Board pursuant to Sec. 3.1(d)(1-a) of this chapter.
* * * * *
26. Section 242.22 is amended by revising the first sentence and by
adding a sentence at the end of the section, to read as follows:
Sec. 242.22 Reopening or reconsideration.
Motions to reopen or reconsider are subject to the requirements and
limitations set forth in Sec. 3.23 of this chapter. * * * The filing
of a motion to reopen pursuant to the provisions of Sec. 3.23(b)(4)(ii)
of this chapter shall stay the deportation of the alien pending the
disposition of the motion and the adjudication of any properly filed
administrative appeal.
PART 246--RESCISSION OF ADJUSTMENT OF STATUS
27. The authority citation for part 246 is revised to read as
follows:
Authority: 8 U.S.C. 1103, 1254, 1255, 1256, 1259.
[[Page 18910]]
28. Section 246.7 is revised to read as follows:
Sec. 246.7 Appeals.
Pursuant to part 3 of this chapter, an appeal shall lie from a
decision of an Immigration Judge under this part to the Board of
Immigration Appeals except that no appeal shall lie from an order of
deportation entered in absentia. An appeal shall be taken within 30
days after the mailing of a written decision or the stating of an oral
decision. The reasons for the appeal shall be specifically identified
in the Notice of Appeal (Form EOIR 26); failure to do so may constitute
a ground for dismissal of the appeal by the Board.
Dated: April 16, 1996.
Janet Reno,
Attorney General.
[FR Doc. 96-10157 Filed 4-26-96; 8:45 am]
BILLING CODE 4410-01-M
Complete official Federal Register PDF
FR Doc. 96-10105 National Oil and Hazardous Substances Pollution Contingency Plan National Priorities List
[Federal Register Volume 61, Number 83 (Monday, April 29, 1996)]
[Rules and Regulations]
[Pages 18683-18684]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10105]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[FRL-5461-4]
National Oil and Hazardous Substances Pollution Contingency Plan
National Priorities List
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of deletion Gallaway Pits Superfund Site, in Fayette
County, Tennessee from the National Priorities List.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) Region 4 announces
the deletion of the Gallaway Pits Site from the National Priorities
List (NPL), (Appendix B of 40 CFR part 300 which is the National Oil
and Hazardous Substances Pollution Contingency Plan (NCP)). EPA and the
State have determined that all appropriate Fund-
[[Page 18684]]
financed responses under the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA), as amended, have been
implemented and that no further cleanup is appropriate. Moveover, EPA
and the State have determined that remedial actions conducted at the
site to date have been protective of public health, welfare and the
environment. This deletion does not preclude future action under
Superfund.
EFFECTIVE DATE: May 15, 1996.
FOR FURTHER INFORMATION CONTACT: Robert West, Remedial Project Manager,
U.S. Environmental Protection Agency, Region 4, North Superfund
Remedial Branch, 345 Courtland Street, N.E., Atlanta, Georgia 30365,
(404) 347-7791, extension 2033.
SUPPLEMENTARY INFORMATION: The Site to be deleted from the NPL is:
Gallaway Pits Superfund Site, in Fayette County, Tennessee.
A Notice of Intent to Delete for this site was published on
February 22, 1996, (FR-5428-2). The closing date for comments on the
Notice of Intent to Delete was March 22, 1996. EPA received no
comments.
EPA identifies sites that appear to present a significant risk to
the public health, welfare and the environment and it maintains the NPL
as the list of those sites. Any site deleted from the NPL remains
eligible for Fund-financed remedial actions in the future. Section
300.425(e)(3) of the NCP states that Fund-financed actions may be taken
at sites deleted from the NPL. Deletion of a site from the NPL does not
affect responsible party liability or impede agency efforts to recover
costs associated with response efforts.
List of Subjects in 40 CFR Part 300
Environmental protection, Air pollution control, Chemicals,
Hazardous Waste, Hazardous substances, Intergovernmental relations,
Penalties, Reporting and recordkeeping requirements, Superfund, Water
pollution control, and Water supply.
Dated: April 4, 1996.
Phyllis P. Harris,
Acting Deputy Regional Administrator, U.S. EPA Region 4.
For reasons set out in the preamble, 40 CFR Part 300 is amended as
follows:
PART 300--[AMENDED]
The authority citation for part 300 continues to read as follows:
Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 9601-9657; E.O.
12777, 56 FR 54757, 3 CFR, 1991 Comp., p 351; E.O. 12580, 52 FR
2923; 3 CFR, 1987 Comp., p. 193.
Appendix B--[Amended]
2. Table 1 of Appendix B to part 300 is amended by removing the
Gallaway Pits Superfund Site, in Fayette County, Tennessee.
[FR Doc. 96-10105 Filed 4-26-96; 8:45 am]
BILLING CODE 6560-50-P
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