issue-1996-05-13•Federal Register final rules — 1996-05-13
Federal Register final rules — 1996-05-13
issue-1996-05-13Federal Register final rules — 1996-05-13Regulation
Published Federal Register documents, not public-inspection drafts. The GPO XML/text rendition is a research aid; the linked complete official PDF retains the printed layout and all graphics. Graphics are retained in that PDF and are not independently reproduced in this text rendition. Publication does not establish that every provision remains legally in force.
FR Doc. 96-11990 Medicare and Medicaid Program; Criteria for a Rural Hospital To Be Designated as an Essential Access Community Hospital (EACH)
[Federal Register Volume 61, Number 93 (Monday, May 13, 1996)]
[Rules and Regulations]
[Pages 21969-21973]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11990]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Care Financing Administration
42 CFR Part 412
[BPD-856-FC]
Medicare and Medicaid Program; Criteria for a Rural Hospital To
Be Designated as an Essential Access Community Hospital (EACH)
AGENCY: Health Care Financing Administration (HCFA), HHS.
ACTION: Final rule with comment period.
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SUMMARY: This final rule revises the criteria that a rural hospital
must meet to be designated as an Essential Access Community Hospital
(EACH). The revised criteria permit HCFA to designate a hospital as an
EACH if the hospital cannot be designated as an EACH by the State only
because it has fewer than 75 beds and is located 35 miles or less from
another hospital. Hospitals in rural areas that are designated as EACHs
by HCFA are treated, for payment purposes, as sole community hospitals.
The revised criteria are designed to facilitate development of
network affiliations between rural EACHs and small rural facilities,
known as Rural Primary Care Hospitals (RPCHs). The revisions would
affect only hospitals located in rural areas of the States of
California, Colorado, Kansas, South Dakota, New York, West Virginia,
and North Carolina, or in an adjacent State.
DATES: Effective Date: This regulation is effective May 13, 1996.
Comment Period: Comments will be considered if received at the
appropriate address, as provided below, no later than 5 p.m. on July
12, 1996.
ADDRESSES: Mail written comments (one original and three copies) to the
following address: Health Care Financing Administration, Department of
Health and Human Services, Attention: BPD-856-FC, P.O. Box 7517,
Baltimore, MD 21207-0517.
If you prefer, you may deliver your written comments (one original
and three copies) to one of the following addresses:
Room 309-G, Hubert H. Humphrey Building, 200 Independence Avenue SW.,
Washington, DC 20201, or
Room C5-09-26, Central Building, 7500 Security Boulevard, Baltimore, MD
21244-1850.
Because of staffing and resource limitations, we cannot accept
comments by facsimile (FAX) transmission. In commenting, please refer
to file code BPD-856-FC. Comments received timely will be available for
public inspection as they are received, generally beginning
approximately 3 weeks after publication of a document, in Room 309-G of
the Department's offices at 200 Independence Avenue SW., Washington,
DC, on Monday through Friday of each week from 8:30 a.m. to 5 p.m.
(phone: (202) 690-7890).
For comments that relate to information collection requirements,
mail a copy of comments to: Health Care Financing Administration,
Office of Financial and Human Resources, Management Planning and
Analysis Staff, Room C2-26-17, 7500 Security Boulevard, Baltimore, MD
21244-1850.
Copies: To order copies of the Federal Register containing this
document, send your request to: New Orders, Superintendent of
Documents, P.O. Box 371954, Pittsburgh, PA 15250-7954. Specify the date
of the issue requested and enclose a check or money order payable to
the Superintendent of Documents, or enclose your Visa or Master Card
number and expiration date. Credit card orders can also be placed by
calling the order desk at (202) 512-1800 or by faxing to (202) 512-
2250. The cost for each copy is $8.00. As an alternative, you can view
and photocopy the Federal Register document at most libraries
designated as Federal Depository Libraries and at many other public and
academic libraries throughout the country that receive the Federal
Register.
FOR FURTHER INFORMATION CONTACT: George Morey, (410) 786-4653.
SUPPLEMENTARY INFORMATION:
I. Background
On May 26, 1993, we published in the Federal Register (58 FR 30630)
a final rule to implement the Essential Access Community Hospital
(EACH) Program. That program, which is authorized by
[[Page 21970]]
section 1820 of the Social Security Act (the Act), is intended to
promote regionalization of health services in rural areas, improve
access to hospital and other health services for rural residents, and
enhance the provision of emergency and other transportation services
related to health care. The program is not national in scope, but is
limited to the States (not to exceed seven) that have been given
Federal grants for their activities in support of it. The States that
have received such grants are California, Colorado, Kansas, South
Dakota, New York, West Virginia, and North Carolina.
An important component of the EACH program is the rural health
network, which is an organization made up of at least one Rural Primary
Care Hospital (RPCH), and at least one EACH, regional referral center,
or hospital located in an urban area that meets the criteria for
classification as a regional referral center. An RPCH is a small,
limited-service facility that is located in a rural area and furnishes
outpatient and short-term inpatient care needed to stabilize a patient
before discharge or transfer to another facility for further care. An
EACH is a larger, full-service hospital that has agreed to provide
emergency and medical backup services to the RPCH (or RPCHs)
participating in its network. Network membership is optional for RPCHs,
but a hospital cannot be designated as an EACH unless it has a network
agreement. EACHs in rural areas are treated for Medicare payment
purposes as sole community hospitals, which typically entitles the
facilities to a higher level of payment for their inpatient services
than they would otherwise receive.
As is the case with any other relationships between providers or
between providers and other persons or entities, any arrangements are
subject to the provisions of the Medicare and Medicaid anti-kickback
statute (section 1128B(b) of the Social Security Act, 42 U.S.C. 1320a-
7b(b)). That statute prohibits knowingly and willfully offering,
paying, soliciting or receiving remuneration in order to induce
business reimbursed under the Medicare, Medicaid or other State health
care programs. Prohibited conduct includes the transferring of anything
of value intended to induce referrals of patients, as well as
soliciting or receiving remuneration in return for the purchasing,
leasing, ordering or arranging for any good, facility, service or item
paid for by Medicare, Medicaid, or other State health care program.
II. Criteria for Designation of EACHs
Under section 1820(I)(1)(A) of the Act, HCFA can designate a
hospital as an EACH only if it meets specific requirements and is first
designated as such by the grant State. The criteria for State
designation are set forth in section 1820(e). Under these criteria, a
State may designate a rural facility as an EACH only if the hospital--
Is located in a rural area, as defined in section
1886(d)(2)(D);
Is located more than 35 miles from any hospital that--
+ Has been designated as an essential access community hospital;
+ Is classified by the Secretary as a rural referral center under
section 1886(d)(5)(C); or
+ Meets such other criteria relating to geographic location as the
State may impose with the approval of the Secretary;
Has at least 75 inpatient beds or is located more than 35
miles from any other hospital;
Has in effect an agreement to provide emergency and
medical backup services to rural primary care hospitals participating
in the rural health network of which it is a member and throughout its
service area;
Has in effect an agreement, with each rural primary care
hospital participating in the rural health network of which it is a
member, to accept patients transferred from such primary care hospital,
to receive data from and transmit data to such primary care hospital,
and to provide staff privileges to physicians providing care at such
primary care hospital; and
Meets any other requirements imposed by the State with the
approval of the Secretary.
Section 1820 also contains a provision that allows the Secretary
some flexibility in designating hospitals as EACHs even though they do
not meet the general bed size and geographic location criteria. Section
1820(i)(1)(B) of the Act allows the Secretary to designate a hospital
as an EACH if it is not eligible for designation by the State only
because it does not have 75 or more beds, or is not located more than
35 miles from another hospital. While we were preparing the final rule
published May 26, 1993 (58 FR 30629), we received comments suggesting
that we use this authority to designate facilities as EACHs, even
though they do not meet the bed size and geographic criteria specified
in section 1820(e)(2). We considered these comments carefully but
decided to exercise the authority only with respect to hospitals that
have fewer than 75 beds and are located within 35 miles of another
hospital, but are not located within 35 miles of any hospital having 75
or more beds. Where such hospitals meet other applicable criteria and
are recommended by the State as the EACH member of a proposed network,
HCFA will designate them as EACHs. Regulations permitting such
designations are set forth at 42 CFR 412.109(c)(2) (ii) and (iii).
Based on our further experience in administering the EACH program,
we now believe that in order to increase access to hospital services in
rural areas, there may be other circumstances in which it would be
appropriate to exercise our section 1820(i)(1)(B) authority for rural
hospitals. For example, a full-service hospital that meets other
requirements to be the EACH member of a network may be located within
35 miles of another hospital that has 75 or more beds. In this
situation the hospital could not, under existing regulations, be
designated as an EACH, even if it is the only hospital that is willing
and able to furnish the rural health network emergency and medical
backup services available from EACHs that might be needed to permit a
third facility to operate successfully as an RPCH, thus preserving
access to care in its area. Under these circumstances, section
1820(i)(1)(B) authority may appropriately be exercised to permit
designation of an EACH, thus allowing the small facility to be
converted successfully to an RPCH and to continue providing services to
its patients.
To allow for designation of facilities as EACHs in these
circumstances while not defeating the purpose of the basic statutory
requirements for EACH designations, we are revising Sec. 412.109(c) of
our regulations to specify additional criteria under which designations
by HCFA will be made. As revised, the regulations allow a hospital
located 35 miles or less from another hospital to be designated as an
EACH only if--
The hospital is not eligible for State designation as an
EACH solely because it has fewer than 75 beds and is located 35 miles
or less from any other hospital; and
The hospital is located more than 35 miles from the
nearest hospital having 75 or more beds, and is recommended by the
State for designation as the EACH member of a proposed network; or
The following criteria are met--
--The hospital seeking EACH designation has entered into a network
agreement under 42 CFR
[[Page 21971]]
485.603 with a facility that the State has designated as an RPCH, and
the hospital designated as an RPCH by the State does not have a network
agreement with any existing EACH;
--The facility that the State has designated as an RPCH, and that has
entered into the network agreement described above, is located more
than 35 miles from any other hospital having 75 or more inpatient beds;
--The distance between the facility that the State has designated as an
RPCH and the hospital seeking designation as an EACH is less than the
distance between the facility that the State has designated as an RPCH
and the nearest hospital that has 75 or more inpatient beds or is
designated as an EACH; and
--The State certifies to HCFA that--
+ The rural health network emergency and medical backup services
actually being provided by the hospital seeking EACH designation are
essential to the continued existence of the facility as an RPCH; and
+ The existence of the facility as an RPCH is needed to ensure
access to health care services in the area of the State served by the
facility that the State has designated as an RPCH.
The criteria described above are designed to ensure that the
section 1820(i)(1)(B) authority is exercised only in appropriate cases.
First, there must be a network agreement in effect between the hospital
seeking EACH designation and a particular facility that the State has
designated an RPCH, and the RPCH must not have entered into any network
agreement with any other hospital that is currently an EACH. This
criterion is needed to ensure that there is a valid network agreement
linking the two facilities, and that only one hospital is able to
achieve EACH designation based on its agreement with a particular RPCH.
In addition, a prospective EACH will not be able to qualify if the RPCH
with which it has entered into a network agreement is within 35 miles
of any other hospital having 75 or more inpatient beds or is designated
as an EACH. We also are requiring that the hospital seeking designation
as an EACH under these criteria be closer to the RPCH than the nearest
hospital that has 75 or more beds or is designated as an EACH. We are
including these provisions because we do not wish to encourage EACH
designations that are inappropriate in terms of the location of the
EACH or RPCH relative to other facilities.
In applying these criteria, we will consider only a hospital's
location relative to other facilities that participate in Medicare as
general hospitals (that is, under the criteria in 42 CFR 482.1 through
482.57). We will not take into account the location of nonparticipating
hospitals or of those that participate in Medicare as psychiatric
hospitals, since those hospitals would not be appropriate referral
sites for most Medicare patients following care at an RPCH.
In addition, we require that the State make certain certifications
to HCFA. These are--
That the rural health network and emergency medical backup
services actually being provided by the hospital seeking EACH
designation are essential to the continued existence of the facility as
an RPCH; and
That the RPCH is needed to ensure access to health care
services in its service area.
We have decided not to prescribe specific criteria for the State to
follow in determining what constitutes a desirable level of patient
access to care in rural areas, or whether the assistance of the EACH is
needed to help ensure that a certain level of access is maintained. We
believe each State should develop its own criteria and procedures for
making these determinations, based on local and Statewide
characteristics such as population density, travel conditions, existing
referral patterns, availability of health care professionals, and other
factors that affect access.
We are including a requirement under which EACH designation made
under our revised regulation will remain in effect only as long as the
criteria in Sec. 412.109(c)(2)(D)(ii) continue to be met. Thus, for
EACH designation to continue, the EACH must continue to carry out its
network responsibilities with respect to the RPCH, and the continued
existence of the facility as an RPCH must remain necessary to ensure
patient access to care in the facility's service area. If we determine
that these criteria are no longer met (because, for example, another
source of care becomes available to patients in the area of the RPCH),
or if a false certification was made, we will terminate the EACH status
of the hospital prospectively, effective with discharges occurring on
or after 30 days after the date of the determination. We are
redesignating Sec. 412.109(f) as new paragraph (g), and adding a new
paragraph (f) that specifies this requirement.
Although we expect that States will notify us promptly of any
changes in hospitals' activities and will not make false or inaccurate
certifications, we reserve the right to review any information that
calls the accuracy of a certification into question, and to terminate a
hospital's EACH designation if we find factual information sufficient
to convince us that the designation is no longer appropriate. The
hospital's Medicare participation would not be affected by this change
but, as of the effective date of the change, it would no longer be paid
by Medicare as a sole community hospital. As in the case of any other
determination that the hospital does not meet the criteria for EACH
designation or that a hospital's EACH designation should be terminated,
the determination would be subject to review under the provider appeals
regulations at 42 CFR Part 405, Subpart R.
We note that a separate provision of the law and regulations allows
a hospital to be designated as an EACH only if it has in effect an
agreement for acceptance of patients and sharing of patient data with
each RPCH in the network of which it is a member (section 1820(e)(4) of
the Act and the implementing regulations at 42 CFR 412.109(d)(3)).
Since an agreement of this kind can be made only with a facility
participating in Medicare as an RPCH, the effect of this requirement is
to allow EACH status for any hospital to be effective no earlier than
the first date of participation of an affiliated RPCH. This provision
is not subject to waiver under section 1820(I)(1)(B), and thus is not
affected by this final rule.
III. Other Required Information
A. Paperwork Reduction Act
Under the Paperwork Reduction Act of 1995, agencies are required to
provide 60 days' notice in the Federal Register to solicit public
comments before a collection of information requirement is submitted to
the Office of Management and Budget (OMB) for review and approval. In
order to fairly evaluate whether an information collection should be
approved by OMB, section 3504(c)(2)(A) of the Paperwork Reduction Act
of 1995 requires that we solicit comment in the following issues:
Whether the information collection is necessary and useful
to carry out the proper functions of the agency;
The accuracy of the agency's estimate of the information
collection burden;
The quality, utility, and clarity of the information to be
collected; and
Recommendation to minimize the information collection
burden on the affected public, including automated collection
technique.
Following is a discussion of these requirements:
Under Sec. 412.109(c), a hospital can be considered for HCFA
designation as an
[[Page 21972]]
EACH, even though it does not meet the requirements for State
designation as set forth in Sec. 412.109(d), if the State makes certain
certifications to HCFA. These include the importance of the EACH to the
continued existence of the facility as an RPCH, by providing emergency
and medical backup services with respect to the RPCH under its network
agreement, and the importance of RPCH ongoing operation to access to
care for residents of its service area. While the regulations do not
require direct reporting of information to HCFA, we expect that as a
practical matter the prospective EACH will be required to furnish the
State with some information in order to support the second item of the
certification, and that the prospective RPCH will need to supply the
State with information in support of the other items.
Public reporting burden for this collection of information is
estimated to be 2 hours for the hospital's first year of operation as
an EACH and one hour for each subsequent year of operation as an EACH.
Existing regulations require EACHs to furnish HCFA with information
regarding their agreements with RPCHs, and we believe very little
additional time will be required to supply the State with similar
information.
Public reporting burden for the RPCH for this collection of
information is estimated to be 6 hours for the hospital's first year of
operation as an RPCH and 2 hours for each subsequent year of operation
as an RPCH. These information collection and record keeping
requirements are not effective until they have been approved by OMB. A
notice will be published in the Federal Register when approval is
obtained. Organizations and individuals desiring to submit comments on
these information collection and record keeping requirements should
direct them to the Health Care Financing Administration, Office of
Financial and Human Resources, Management Planning and Analysis Staff,
Room C2-26-17, 7500 Security Boulevard, Baltimore, MD 21244-1850.
B. Regulatory Flexibility Analysis
We generally prepare an initial regulatory flexibility analysis
that is consistent with the Regulatory Flexibility Act (RFA)(5 U.S.C.
601 through 612) unless the we certify that the final rule will not
have a significant economic impact on a substantial number of small
entities. For purposes of the RFA, we consider all hospitals to be
small entities. Individuals and States are not included in the
definition of a small entity.
Also, section 1102(b) of the Act requires us to prepare a
regulatory impact analysis for any final rule that may have a
significant impact on a substantial number of small rural hospitals.
Such an analysis must conform to the provisions of section 603 of the
RFA. For purposes of section 1102(b) of the Act, we define a small
rural hospital as a hospital that is located outside a Metropolitan
Statistical Area and has fewer than 50 beds.
We have determined, and certify, that these regulations will not
have a significant impact on a substantial number of small rural
hospitals. As noted earlier, EACH designation is available only in
seven States and in the States adjacent to those seven States.
Moreover, only a few prospective EACHs would be so located relative to
other hospitals that they would be affected by the changes in this
rule. Therefore, we have not prepared a regulatory flexibility analysis
or an analysis of the effect on small rural hospitals.
In accordance with the provisions of Executive Order 12866, this
regulation was not reviewed by the Office of Management and Budget.
Under the provisions of Public Law 104-121, we have determined that
the rule is not a major rule.
C. Waiver of Notice of Proposed Rulemaking and 30-Day Delay in the
Effective Date
We ordinarily publish a notice of proposed rulemaking for a rule to
provide a period for public comment. However, we may waive that
procedure if we find good cause that prior notice and comment are
impractical, unnecessary, or contrary to public interest. We find good
cause to implement this rule as a final rule because the delay involved
in prior notice and comment procedures for the new provisions of this
rule would be contrary to the public interest.
This rule does not impose an additional burden or obligation on any
hospital or community; on the contrary, it relaxes a restriction on the
designation of certain rural hospitals as EACHs. We expect that the
resulting assistance will enable the small facilities to avoid closure
and to continue to provide needed services to their communities. In
view of the precarious financial status of many small rural hospitals,
and in consideration of the likelihood that Medicare beneficiaries and
other patients served by these facilities would be left without access
to care if they closed, we believe it is necessary to implement this
change as soon as possible. Thus, we find that the delay involved in
prior notice and comment would be contrary to the public interest. We
have concluded that it is appropriate to implement the revisions to
Sec. 412.109 as final in this instance.
We also normally provide a delay of 30 days in the effective date
of a regulation. However, if adherence to this procedure would be
impractical, unnecessary, or contrary to public interest, we may waive
the delay in the effective date. We may also waive the delay in the
case of a rule that grants an exemption or relieves a restriction. We
find good cause to waive the usual 30-day delay in this instance. As
explained above, it is in the public interest for the transition from
hospital to RPCH to be made by many small facilities as soon as
possible, so as to avert insolvency and complete closure. A 30-day
delay in the effective date would only postpone unnecessarily the start
of the transition for many facilities, and place them at greater risk.
Therefore, we believe that a 30-day delay in the effective date for
this provision would be contrary to the public interest, and we find
good cause to waive the usual 30-day delay in the effective date.
List of Subjects in 42 CFR Part 412
Administrative practice and procedure, Health facilities, Medicare,
Puerto Rico, Reporting and record keeping requirements.
42 CFR part 412 is amended as set forth below:
PART 412--PROSPECTIVE PAYMENT SYSTEMS FOR INPATIENT HOSPITAL
SERVICES
1. The authority citation for part 412 continues to read as
follows:
Authority: Secs. 1102 and 1871 of the Social Security Act (42
U.S.C. 1302 and 1395hh).
Subpart G--Special Treatment of Certain Facilities Under the
Prospective Payment System for Inpatient Operating Costs
2. In Sec. 412.109, paragraph (c) is revised, paragraph (f) is
redesignated as paragraph (g), and a new paragraph (f) is added to read
as follows:
Sec. 412.109 Special treatment: Essential access community hospitals
(EACHs).
* * * * *
(c) Criteria for HCFA designation.
(1) HCFA designates a hospital as an EACH if the hospital is
located in a State that has received a grant under section 1820(a)(1)
of the Act or in an adjacent State and is designated as an
[[Page 21973]]
EACH by the State that has received the grant.
(2) HCFA designates a hospital as an EACH if--
(i) The hospital--
(A) Is not eligible for State designation as an EACH solely because
the hospital has fewer than 75 inpatient beds and is located 35 miles
or less from any other hospital; and
(B) Is located more than 35 miles from the nearest hospital having
75 or more inpatient beds, and is recommended by the State for
designation as the EACH member of a proposed network; or
(ii) The following criteria are met--
(A) The hospital seeking EACH designation has entered into a
network agreement under Sec. 485.603 of this chapter with a facility
that the State has designated as an RPCH, and the hospital designated
as an RPCH by the State does not have a network agreement with any
existing EACH;
(B) The facility that the State has designated as an RPCH, and that
has entered into the network agreement described in paragraph
(c)(2)(ii)(A) of this section, is located more than 35 miles from any
other hospital having 75 or more inpatient beds;
(C) The distance between the facility that the State has designated
as an RPCH and the hospital seeking designation as an EACH is less than
the distance between the facility that the State has designated as an
RPCH and the nearest hospital that has 75 or more inpatient beds or is
designated as an EACH;
(D) The State certifies to HCFA that--
(1) The rural health network emergency and medical backup services
actually being provided by the hospital seeking EACH designation are
essential to the continued existence of the facility as a RPCH; and
(2) The existence of the facility as an RPCH is needed to ensure
access to health care services in the area of the State served by the
RPCH.
For purposes of this paragraph (c)(2)(ii), the location of a
hospital will not be considered unless the hospital participates in
Medicare under Secs. 482.1 through 482.57 of this chapter.
* * * * *
(f) Termination of EACH designation under paragraph (c)(2)(ii)(D).
If HCFA determines that the criteria in paragraph (c)(2)(ii)(D) of this
section are no longer met with respect to a hospital HCFA has
designated as an EACH under that paragraph, HCFA will terminate the
EACH designation of the hospital, effective with discharges occurring
on or after 30 days after the date of the determination.
* * * * *
(Catalog of Federal Domestic Assistance Program No. 93.773,
Medicare--Hospital Insurance, and Program No. 93.774, Medicare--
Supplementary Medical Insurance Program)
Dated: May 6, 1996.
Bruce C. Vladeck,
Administrator, Health Care Financing Administration.
Dated: May 8, 1996.
Donna E. Shalala,
Secretary.
[FR Doc. 96-11990 Filed 5-9-96; 10:26 am]
BILLING CODE 4120-01-P
Complete official Federal Register PDF
FR Doc. 96-11931 Amendment to Class D and E2 Airspace and Establishment of Class E4 Airspace; Jackson, TN
[Federal Register Volume 61, Number 93 (Monday, May 13, 1996)]
[Rules and Regulations]
[Pages 21953-21954]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11931]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Airspace Docket No. 96-ASO-7]
Amendment to Class D and E2 Airspace and Establishment of Class
E4 Airspace; Jackson, TN
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This amendment modifies Class D and E2 Airspace and
establishes Class E4 Airspace at Jackson, TN, for the McKellar-Sipes
Regional Airport. This amendment is necessary because the arrival
extension, which is currently part of the Class D surface area
airspace, is greater than 2 miles and must, by regulation, be
designated as Class E4 airspace.
EFFECTIVE DATE: 0901 UTC, August 15, 1996.
FOR FURTHER INFORMATION CONTACT:
Benny L. McGlamery, System Management Branch, Air Traffic Division,
Federal Aviation Administration, PO Box 20636, Atlanta, Georgia 30320;
telephone (404) 305-5570.
SUPPLEMENTARY INFORMATION:
History
On March 18, 1996, the FAA proposed to amend part 71 of the Federal
Aviation Regulations (14 CFR Part 71) by modifying Class D and E2 and
establishing Class E4 airspace at Jackson, TN 61 FR 10908). This action
would provide adequate Class E airspace for IFR operations at the
McKellar-Sipes Regional Airport.
Interested parties were invited to participate in this rulemaking
proceeding by submitting written comments on the proposal to the FAA.
No comments objecting to the proposal were received. Class D airspace
designations, Class E airspace designations for airspace areas
designated as a surface area for an airport and Class E airspace
designations for airspace areas designated as an extension to a Class D
surface area are published in Paragraphs 5000, 6002 and 6004,
respectively, of FAA Order 7400.9C, dated August 17, 1995, and
effective September 16, 1995,
[[Page 21954]]
which is incorporated by reference in 14 CFR 71.1. The Class D and E
airspace designations listed in this document would be published
subsequently in the Order.
The Rule
This amendment to part 71 of the Federal Aviation Regulations (14
CFR part 71) modifies Class D and E2 and establishes Class E4 airspace
at Jackson, TN, for the McKellar-Sipes Regional Airport.
The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore, (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this rule will not have a significant economic impact on
a substantial number of small entities under the criteria of the
Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference, Navigation (air).
Adoption of the Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:
PART 71--[AMENDED]
1. The authority citation for 14 CFR part 71 continues to read as
follows:
Authority: 49 U.S.C. 106(g); 40103, 40113, 40120; EO 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389; 14 CFR 11.69.
Sec. 71.1 [Amended]
2. The incorporation by reference in 14 CFR 71.1 of Federal
Aviation Administration Order 7400.9C, Airspace Designations and
Reporting Points, dated August 17, 1995, and effective September 16,
1995, is amended as follows:
Paragraph 5000 Class D airspace.
* * * * *
ASO TN D Jackson, TN [Revised]
McKellar-Sipes Regional Airport, TN
(lat. 35 deg.35'59'' N, long. 88 deg.54'56'' W)
That airspace extending upward from the surface to and including
2900 feet MSL within a 4.2-mile radius of the McKellar-Sipes
Regional Airport. This Class D airspace area is effective during the
specific days and times established in advance by a Notice to
Airmen. The effective days and times will thereafter be continuously
published in the Airport/Facility Directory.
* * * * *
Paragraph 6002 Class E airspace areas designated as a surface area
for an airport.
* * * * *
ASO TN E2 Jackson, TN [Revised]
McKellar-Sipes Regional Airport, TN
(lat. 35 deg.35'59'' N, long. 88 deg.54'56'' W)
Within a 4.2-mile radius of the McKellar-Sipes Regional Airport.
This Class E airspace area is effective during the specific days and
times established in advance by a Notice to Airmen. The effective
days and times will thereafter be continuously published in the
Airport/Facility Directory.
* * * * *
Paragraph 6004 Class E airspace areas designated as an extension
to a Class D surface area.
* * * * *
ASO TN E4 Jackson, TN [New]
McKellar-Sipes Regional Airport, TN
(lat. 35 deg.35'59'' N, long. 88 deg.54'56'' W)
McKellar VOR/DME
(lat. 35 deg.36'13'' N, long. 88 deg.54'38'' W)
That airspace extending upward from the surface within 3.1 miles
each side of the McKellar VOR/DME 206 deg. radial, extending from
the 4.2-mile radius of the McKellar-Sipes Regional Airport to 7
miles southwest of the VOR/DME. This Class E airspace area is
effective during the specific days and times established in advance
by a Notice to Airmen. The effective days and times will thereafter
be continuously published in the Airport/Facility Directory.
* * * * *
Issued in College Park, Georgia, on April 25, 1996.
Wade T. Carpenter,
Acting Manager, Air Traffic Division, Southern Region.
[FR Doc. 96-11931 Filed 5-10-96; 8:45 am]
BILLING CODE 4910-13-M
Complete official Federal Register PDF
FR Doc. 96-11923 Change of Address; Change in Titles of Office and Personnel
[Federal Register Volume 61, Number 93 (Monday, May 13, 1996)]
[Rules and Regulations]
[Pages 21954-21955]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11923]
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COMMODITY FUTURES TRADING COMMISSION
17 CFR Parts 10 and 140
Change of Address; Change in Titles of Office and Personnel
AGENCY: Commodity Futures Trading Commission.
ACTION: Final rule.
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SUMMARY: The Commodity Futures Trading Commission is amending its
regulations to reflect changes in office titles, personnel titles and
address in its regulations.
EFFECTIVE DATE: May 13, 1996.
FOR FURTHER INFORMATION CONTACT:
Stacy Yochum, Office of the Executive Director, Commodity Futures
Trading Commission, Three Lafayette Centre, 1155 21st Street NW.,
Washington, DC 20581, (202) 418-5157.
SUPPLEMENTARY INFORMATION: On October 26, 1995, the Commission
published in the Federal Register a notice to execute certain office
and personnel name changes in Part 10. (60 FR 54801) Specifically, the
changes implemented 1984 title changes making the Office of Hearings
and Appeals part of the Office of Proceedings and changing the title of
the Hearing Clerk to Proceedings Clerk. The purpose of this release is
to change these titles in section 10.102(e)(2) which was inadvertently
omitted from the previous release. The previous release also reflected
the reassignment of the duties of the vacant position of Chief
Administrative Law Judge to the Director of the Office of Proceedings.
Section 10.84(b) was inadvertently omitted in the previous release.
In addition, the Commission's Office of Personnel has changed its
name to the Office of Human Resources. The Director of the Office of
Human Resources serves as the Commission's security officer. This
release changes references in Part 140 from ``Personnel Security
Officer'' to ``Security Officer'' and from ``Director of Personnel'' to
``Director of Human Resources.''
List of Subjects in 17 CFR Parts 10 and 140
Administrative practice and procedure, Commodity Futures Trading
Commission.
Based upon the foregoing, pursuant to its authority contained in
section 2(a)(11) of the Commodity Exchange Act, 7 U.S.C. 4a(j), the
Commission hereby amends 17 CFR Chapter I of the Code of Federal
Regulations as follows:
PART 10--[AMENDED]
1. The authority for part 10 continues to read as follows:
Authority: Pub. L. 93-463, sec. 101(a)(11), 88 Stat. 1391; 7
U.S.C. 4a(j), unless otherwise noted.
Sec. 10.84 [Amended]
2. Section 10.84, paragraph (b) is amended by removing ``Chief
Administrative Law Judge'' and adding in its place ``Director of the
Office of Proceedings.''
Sec. 10.102 [Amended]
3. Section 10.102, paragraph (e)(2) is amended by removing ``Office
of Hearings and Appeals'' and adding ``Office of Proceedings'' in its
place and
[[Page 21955]]
by removing ``Hearing Clerk'' and adding ``Proceedings Clerk'' in its
place.
PART 140--[AMENDED]
1. The authority citation for part 140 continues to read as
follows:
7 U.S.C. 4a and 12a.
Sec. 140.20 [Amended]
2. Section 140.20, paragraph (a) is amended by removing ``Personnel
Security Officer'' and adding ``Security Officer'' in its place.
Sec. 140.24 [Amended]
3. Section 140.24, paragraph (a)(6) is amended by removing
``Personnel Security Officer'' and adding ``Security Officer'' in its
place.
Sec. 140.735-8 [Amended]
4. Section 140.735-8, paragraph (a)(3) is amended by removing
``Director of Personnel'' and adding ``Director of Human Resources'' in
its place.
5. Section 140.735-8, paragraph (c)(2) is amended by removing
``Director of Personnel'' and adding in its place ``Director of Human
Resources.''
6. Section 140.735-8, paragraphs (e) and (f) are amended by
removing ``Director of Personnel'' and adding in its place ``Director
of Human Resources.''
The foregoing rules shall be effective May 13, 1996. The Commission
finds that the amendments relate solely to agency organization,
procedure or practice and that the public procedures and publication
prior to the effective date of the amendments, in accordance with the
Administrative Procedure Act, as codified, 5 U.S.C. 553, are not
required.
Issued in Washington, DC, on May 6, 1996, by the Commission.
Jean Webb,
Secretary of the Commission.
[FR Doc. 96-11923 Filed 5-10-96; 8:45 am]
BILLING CODE 6351-01-P
Complete official Federal Register PDF
FR Doc. 96-11918 Acquisition Regulation; Technical Amendments
[Federal Register Volume 61, Number 93 (Monday, May 13, 1996)]
[Rules and Regulations]
[Pages 21975-21978]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11918]
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DEPARTMENT OF ENERGY
48 CFR Parts 904, 906, 911, 912, 913, 915, 919, 925, 926, 933, 950,
952 and 970
RIN 1991-AB27
Acquisition Regulation; Technical Amendments
AGENCY: Department of Energy.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Energy (DOE) today issues a final rule to
make technical, non-substantive amendments to the Department of Energy
Acquisition Regulation (DEAR). The Federal Acquisition Regulation (FAR)
was amended several times to implement various parts of the Federal
Acquisition Streamlining Act of 1994, Public Law 103-355. This rule
amends sections of the DEAR to conform to the revised provisions of the
FAR.
EFFECTIVE DATE: This final rule will be effective June 12, 1996.
FOR FURTHER INFORMATION CONTACT: Richard B. Langston, Office of Policy
(HR-51), Office of the Deputy Assistant Secretary for Procurement and
Assistance Management, Department of Energy, 1000 Independence Avenue,
SW., Washington, DC 20585 (202) 586-8247.
SUPPLEMENTARY INFORMATION:
I. Explanation of Revisions
II. Procedural Requirements
A. Review Under Executive Order 12866
B. Review Under Executive Order 12778
C. Review Under the Regulatory Flexibility Act
D. Review Under the Paperwork Reduction Act
E. Review Under Executive Order 12612
F. Review Under the National Environmental Policy Act
G. Public Hearing Determination
I. Explanation of Revisions
The revisions in this rule are either technical and nonsubstantive
in nature, or nondiscretionary. They involve the renumbering or
redesignating of DEAR sections or subsections, or the substitution of
new terminology for designations previously used to describe ``small
purchases'' and ``small and small disadvantaged businesses.'' These
revisions are intended to ensure that the DEAR conforms to the FAR to
implement various parts of the Federal Acquisition Streamlining Act of
1994, Public Law 103-355. Three amendments to the FAR created a need
for this technical amendment of the DEAR. New FAR regulations governing
micropurchases, i.e., acquisitions below $2,500, and simplified
acquisitions, i.e., acquisitions exceeding the micropurchase level but
not greater than $100,000, were published respectively on December 15,
1994 at 59 FR 64786 and July 3, 1995 at 60 FR 34741. These two
amendments require changes at DEAR Parts 901, 904, 906, 913, 915, 925,
952 and 970. The third amendment affected provisions dealing with
commercial items, small business, and protests. It was published on
September 18, 1995, at 60 FR 48206. It requires changes at DEAR Parts
911, 912, 919, 926, and 933.
II. Procedural Requirements
A. Review Under Executive Order 12866
This regulatory action has been determined not to be a
``significant regulatory action'' under Executive Order 12866,
``Regulatory Planning and Review'' (58 FR 51735, October 4, 1993).
Accordingly, this action was not subject to review, under that
Executive Order, by the Office of Information and Regulatory Affairs of
the Office of Management and Budget (OMB).
B. Review Under Executive Order 12778
Section 2 of Executive Order 12778 instructs each agency to adhere
to certain requirements in promulgating new regulations and reviewing
existing regulations. These requirements, set forth in sections 2 (a)
and (b), include eliminating drafting errors and needless ambiguity,
drafting the regulations to minimize litigation, providing clear and
certain legal standards for affected legal conduct, and promoting
simplification and burden reduction. Agencies are also instructed to
make every reasonable effort to ensure that the regulation specifies
clearly any preemptive effect, effect on existing Federal law or
regulation, and retroactive effect; describes any administrative
proceedings to be available prior to judicial review and any provisions
for the exhaustion of such administrative proceedings; and defines key
terms. DOE certifies that this rule meets the requirements of sections
2 (a) and (b) of Executive Order 12778.
C. Review Under the Regulatory Flexibility Act
This rule was reviewed under the Regulatory Flexibility Act of
1980, Public Law 96-354, which requires preparation of a regulatory
flexibility analysis for any rule that is likely to have a significant
economic impact on a substantial number of small entities. This rule
will have no impact on interest rates, tax policies or liabilities, the
cost of goods or services, or other direct economic factors. It will
also not have any indirect economic consequences such as changed
construction rates. DOE certifies that this rule will not have a
significant economic impact on a substantial number of small entities
and, therefore, no regulatory flexibility analysis has been prepared.
D. Review Under the Paperwork Reduction Act
No new information collection or recordkeeping requirements are
imposed by this rule. Accordingly, no OMB clearance is required under
the
[[Page 21976]]
Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.).
E. Review Under Executive Order 12612
Executive Order 12612, entitled ``Federalism,'' 52 FR 41685
(October 30, 1987), requires that regulations, rules, legislation, and
any other policy actions be reviewed for any substantial direct effects
on States, on the relationship between the Federal Government and the
States, or in the distribution of power and responsibilities among
various levels of government. If there are sufficient substantial
direct effects, then the Executive Order requires preparation of a
federalism assessment to be used in all decisions involved in
promulgating and implementing a policy action. DOE has determined that
this rule will not have a substantial direct effect on the
institutional interests or traditional functions of States.
F. Review Under the National Environmental Policy Act
Pursuant to the Council on Environmental Quality Regulations (40
CFR 1500-1508), the Department has established guidelines for its
compliance with the provisions of the National Environmental Policy Act
(NEPA) of 1969 (42 U.S.C. 4321). Pursuant to Appendix A of Subpart D of
10 CFR 1021, National Environmental Policy Act Implementing Procedures
(Categorical Exclusion A6), DOE has determined that this rule is
categorically excluded from the need to prepare an environmental impact
statement or environmental assessment.
G. Prior Notice and Public Hearing Determination
The final regulations published in this notice are interpretive of
FAR provisions implementing the Federal Acquisition Streamlining Act of
1994, Public Law 103-355. They are non-discretionary in nature. DOE
therefore is not providing prior notice and opportunity for public
comment.
DOE also has concluded that this rule does not involve any
significant issues of law or fact. Therefore, consistent with 5 U.S.C.
553, DOE has not scheduled a public hearing.
List of Subjects in 48 CFR Parts 904, 906, 911, 912, 913, 915, 919,
925, 926, 933, 950, 952, and 970
Government procurement.
Issued in Washington, D.C., on April 25, 1996.
Richard H. Hopf,
Deputy Assistant Secretary for Procurement and Assistance Management.
For the reasons set out in the preamble, Chapter 9 of Title 48 of
the Code of Federal Regulations is amended as set forth below.
1. The authority citation for Parts 904, 906, 911, 912, 913, 915,
919, 925, 926, 933, 950, and 952 continues to read as follows:
Authority: 42 U.S.C. 7254; 40 U.S.C. 486(c).
1a. The authority citation for Part 970 continues to read:
Authority: Sec. 161 of the Atomic Energy Act of 1954 (42 U.S.C.
2201), sec. 644 of the Department of Energy Organization Act of
1977, Public Law 95-91 (42 U.S.C. 7254).
PART 904--ADMINISTRATIVE MATTERS
Sec. 904.7103 [Amended]
2. Section 904.7103, ``Solicitation provision and contract clause''
is amended, at both paragraphs (a) and (b), by revising the words
``small purchase or other simplified purchase'' to read ``simplified
acquisition.''
PART 906--COMPETITION REQUIREMENTS
Sec. 906.303-1 [Amended]
3. Subsection 906.303-1(a), Requirements, is amended by removing
the final sentence.
PART 912--[REDESIGNATED AS PART 911]
4. Part 912 is redesignated Part 911 (Part 912 is reserved). The
heading for the new 911 is ``DESCRIBING AGENCY NEEDS.''
Sec. 912.300, 912.302, 912.304 [Redesignated as 911.600, 911.602,
911.604]
a. Sections 912.300, 912.302, and 912.304 are redesignated 911.600,
911.602, and 911.604 respectively.
911.600 [Amended]
b. Newly redesignated Section 911.600 is amended by revising the
reference ``FAR subpart 12.3'' to read ``FAR subpart 911.6.''
Sec. 911.604 [Amended]
c. Newly designated Section 911.604 is amended:
i. in paragraph (a) by revising ``952.212-70'' to read ``952.211-
70'' and removing ``(JUNE 1987)'';
ii. in paragraph (b) by revising ``952.212-71'' to read ``952.211-
71'' and removing ``(JUNE 1987)'';
iii. in paragraph (c) by revising ``952.212-70'' and ``952.212-71''
to read ``952.211-70'' and ``952.211-71'' respectively;
iv. in paragraph (d) by revising ``952.212-70'' to read ``952.211-
70'' and removing ``(JUNE 1987)''; and,
v. in paragraph (e) by revising ``952.212-71'' to read ``952.211-
71'' and removing ``(JUNE 1987).''
PART 913--SIMPLIFIED ACQUISITION PROCEDURES
5. The Part heading for Part 913 is amended to read as set forth
above.
Sec. 913.505-1 [Amended]
6. Subsection 913.505-1 is amended as follows:
a. at paragraph (a)(2) by revising the words ``small purchase'' in
the first sentence to read ``simplified acquisition'';
b. by adding a new third sentence to read: 913.505-1 Optional Form
(OF) 347, Order for Supplies or Services, and Optional Form 348, Order
for Supplies or Services-Continuation or DOE F 4250.3, Order for
Supplies or Services.
* * * Standard Form 1449 shall be used for acquisitions of
commercial items.
c. by adding, at paragraph (b)(2), the words ``or Standard Form
1449'' after the words ``Optional Form 347.''
PART 915--CONTRACTING BY NEGOTIATION
915.970-8 [Amended]
7. Subsection 915.970-8 is amended at paragraph (f)(1), second
sentence, by removing the words ``labor surplus,'' and at paragraph
(f)(2)(i), first sentence, by revising the words ``small business and
small disadvantaged business'' to read ``small, small disadvantaged and
women-owned small business,'' by removing paragraph (f)(2)(ii), and by
redesignating subparagraph (f)(2)(iii) as (f)(2)(ii).
915.971-3 [Amended]
8. Subsection 915.971-3, is amended at paragraph (b)(viii), by
revising the words ``small and small disadvantaged'' to read ``small,
small disadvantaged and women-owned small.''
PART 919--SMALL BUSINESS PROGRAMS
9. The Part heading for Part 919 is revised to read as set forth
above.
919.201 [Amended]
10. Paragraph (c) of section 919.201 is amended in each of the
first three sentences, by revising the words ``small and small
disadvantaged'' to read
[[Page 21977]]
``small, small disadvantaged, and women-owned small'' and in the fourth
sentence, by revising the words ``small business/small disadvantaged
business (SB/DB) specialist'' to read ``small business specialist.''
919.501 [Amended]
11. Section 919.501, General, at the end of the first sentence of
paragraph (c), is amended by revising the words ``small purchase
limitation'' to read ``simplified acquisition threshold.''
919.602-1 [Amended]
12. Subsection 919.602-1, Referral, is amended at paragraph (a)(2)
by removing the words ``and disadvantaged.''
919.7 [Amended]
Subpart 919.7--Subcontracting with Small Business, Small
Disadvantaged Business, and Women-Owned Small Business Concerns
13. The heading of Subpart 919.7 is revised to read as set forth
above.
PART 925--FOREIGN ACQUISITION
925.901 [Amended]
14. Section 925.901, Omission of the examination of records clause,
is amended by revising its heading to read ``Omission of the audit
clause.'' and by revising ``48 CFR 25.903'' to read ``48 CFR 25.901.''
PART 926--OTHER SOCIOECONOMIC PROGRAMS
926.7003 [Amended]
15. Section 926.7003, Review of the procurement request, is amended
by removing ``/Labor Surplus Area Set Aside.''
PART 933--PROTESTS, DISPUTES, AND APPEALS
933.106 [Amended]
16. Section 933.106 is amended by revising the words ``for other
than small purchases'' to read ``above the simplified acquisition
threshold.''
PART 950--EXTRAORDINARY CONTRACTUAL ACTIONS
950.7101 [Amended]
17. Section 950.7101, at paragraph (c)(2), first sentence, is
amended by revising the words ``small businesses and small
disadvantaged businesses'' to read ``small, small disadvantaged and
women-owned small businesses.''
PART 952--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
952.212 [Redesignated as 952.211]
18. Section 952.212 is redesignated 952.211. Its subsections are
amended as follows:
a. Subsections 952.212-70, 952.212-71, 952.212-72, and 952.212-73
are redesignated 952.211-70, 952.211-71, 952.211-72, and 952.211-73
respectively.
b. Redesignated subsection 952.211-70, is amended by revising the
reference ``912.304(a)'' to read ``911.604(a)'' in the introductory
paragraph and by revising the reference ``912.304(d)'' to read
``911.604(d)'' in Alternate I.
c. Redesignated 952.211-71 is amended by revising the reference
``912.304(b)'' to read ``911.604(b)'' in the introductory paragraph and
by revising the reference ``912.304(e)'' to read ``911.604(e)'' in
Alternate I.
952.226 [Amended]
19. Section 952.226 is amended at 952.226-70(c) in the first
sentence, 952.226-70(d) and 970.226-72(c)(2) by revising the words
``Small Business and Small Disadvantaged Business Subcontracting Plan''
to read ``Small, Small Disadvantaged and Women-Owned Subcontracting
Plan'' and at 952.226-71(b) by revising the words ``Utilization of
Small Business Concerns and Small Disadvantaged Business Concerns'' to
read ``Utilization of Small, Small Disadvantaged and Women-Owned Small
Business Concerns.''
952.250-70 [Amended]
20. Subsection 952.250-70, Nuclear hazards indemnity agreement, is
amended at paragraph (h) by removing the words ``Officials Not to
Benefit'' and revising the words ``Examination of Records by the
Comptroller General'' to read ``Audit and records--negotiation.''
PART 970--DOE MANAGEMENT AND OPERATING CONTRACTS
970.19 Small, Small Disadvantaged and Women-Owned Small Business
Concerns
21. The heading of subpart 970.19 is revised to read as set forth
above.
970.5203-2 [Removed and reserved]
22. Subsection 970.5203-2, Examination of Records by the
Comptroller General, is removed and reserved.
970.5204-9 [Amended]
23. Subsection 970.5204-9, Accounts, records, and inspection, is
amended by revising paragraph (g) and adding paragraph (i). The revised
and added paragraphs read:
970.5204-9 Accounts, records, and inspection.
* * * * *
Accounts, Records, and Inspection (APR 1996)
* * * * *
(g) Subcontracts. The contractor further agrees to require the
inclusion of provisions similar to those in paragraphs (a) through
(g) and paragraph (i) of this clause in all subcontracts (including
fixed-price or unit-price subcontracts or purchase orders) of any
tier entered into hereunder where, under the terms of the
subcontract, costs incurred are a factor in determining the amount
payable to the subcontractor.
Note: If the prime contract contains a ``Defective Cost or
Pricing Data'' clause, this paragraph (g) shall be modified by
adding the following:
The contractor further agrees to include an ``Audit'' clause,
the substance of which is the ``Audit'' clause set forth at FAR
52.215-2, in each subcontract which does not include provisions
similar to those in paragraph (a) through paragraph (g) and
paragraph (i) of this clause, but which contains a ``defective cost
and pricing data'' clause.
* * * * *
(i) Comptroller General.
(1) The Comptroller General of the United States, or an
authorized representative, shall have access to and the right to
examine any of the contractor's directly pertinent records involving
transactions related to this contract or a subcontract hereunder.
(2) This paragraph may not be construed to require the
contractor or subcontractor to create or maintain any record that
the contractor or subcontractor does not maintain in the ordinary
course of business or pursuant to a provision of law.
(3) Nothing in this contract shall be deemed to preclude an
audit by the General Accounting Office of any transaction under this
contract.
970.5204-13 [Amended]
24. Subsection 970.5204-13, Allowable costs and fixed-fee
(Management and Operating contracts), at clause paragraph
(e)(36)(ii)(A), is amended by revising the words ``Small Businesses and
Small Disadvantaged Businesses'' (both sentences) to read ``small,
small disadvantaged and women-owned small businesses'' and by revising
the words ``Utilization of Small Business Concerns and Small
Disadvantaged Business Concerns'' to read ``Utilization of Small, Small
Disadvantaged and Women-Owned Small Business Concerns'' in the first
sentence.
[[Page 21978]]
970.5204-14 [Amended]
25. Subsection 970.5204-14, Allowable costs and fixed-fee (support
contracts), at paragraph (e)(34)(ii)(A), is amended by revising the
words ``Small Businesses and Small Disadvantaged Businesses'' (both
sentences) to read ``small, small disadvantaged and women-owned small
businesses'' and by revising the words ``Utilization of Small Business
Concerns and Small Disadvantaged Business Concerns'' to read
``Utilization of Small, Small Disadvantaged and Women-Owned Small
Business Concerns.'' (first sentence).
970.5204-44 [Amended]
26. Subsection 970.5204-44, Flowdown of contract requirements to
subcontracts, is amended by removing and reserving paragraph (b)(12),
Examination of Records by the Comptroller General, and revising the
title of subparagraph (b)(19) to read ``Accounts, Records, and
Inspection.''
[FR Doc. 96-11918 Filed 5-10-96; 8:45 am]
BILLING CODE 6450-01-P
Complete official Federal Register PDF
FR Doc. 96-11903 Special Local Regulation: Harvard-Yale Regatta, Thames River, New London, CT
[Federal Register Volume 61, Number 93 (Monday, May 13, 1996)]
[Rules and Regulations]
[Pages 21959-21960]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11903]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 100
[CGD01-95-017]
RIN 2115-AE 46
Special Local Regulation: Harvard-Yale Regatta, Thames River, New
London, CT
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The annual Harvard-Yale Regatta is a rowing competition held
on the Thames River in New London, CT. This regulation establishes the
date and time for this year's event and amends the permanent
regulation. These regulations are necessary to control vessel traffic
within the immediate vicinity of the event due to the confirmed nature
of the waterway and anticipated congestion at the time of the event,
thus providing for the safety of life and property on the affected
navigable waters.
EFFECTIVE DATE: This section is effective on June 12, 1996.
FOR FURTHER INFORMATION CONTACT:
Lieutenant (Junior Grade) Benjamin M. Algeo, Chief Boating Affairs
Branch, First Coast Guard District, (617) 223-8310.
SUPPLEMENTARY INFORMATION:
Regulatory History
A notice of proposed rulemaking (NPRM) was published on April 24,
1995, (60 FR 20065) in the Federal Register proposing a permanent
change to the effective period in 33 CFR 100.101. No comments were
received and no hearing was requested.
[[Page 21960]]
Background and Purpose
The NPRM published on April 24, 1995, proposed to eliminate the
specific rate times to allow for a flexible time period. The Harvard/
Yale Regatta is a rowing competition which is scheduled around
favorable tidal conditions. Therefore, a flexible effective period is
necessary to avoid having to publish, annually, a NPRM and final rule
changing the race times. This rule varies from the NPRM in one regard;
it provides notice of the dates and times of this 1996 event in
addition to changing the permanent regulation. Notice of specific race
dates and times for following years will be specified each year in a
Federal Register notice.
Regulatory Evaluation
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, and does not require an assessment of
potential costs and benefits under section 6(a)(3) of that order. It
has been exempted from review by the Office of Management and Budget
under that order. It is not significant under the regulatory policies
and procedures of the Department of Transportation (DOT) (44 FR 11040;
February 26, 1979). The Coast Guard expects the economic impact of this
rule to be so minimal that a full Regulatory Evaluation, under
paragraph 10e of the regulatory policies and procedures of DOT, is
unnecessary. This conclusion is based on the fact that the race is of
short duration, there is little commercial traffic on the affected
portion of the Thames River, and the advance notice which will be made
to the affected maritime community.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider the economic impact on small entities of a
rule for which a general notice of proposed rulemaking is required.
``Small entities'' may include (1) small businesses and not-for-profit
organizations that are independently owned and operated and are not
dominant in their fields and (2) governmental jurisdictions with
populations of less than 50,000.
For the reasons discussed in the Regulatory Evaluation, the Coast
Guard certifies under 5 U.S.C. 605(b) that this rule will not have a
significant economic impact on a substantial number of small entities.
Collection of Information
This rule contains no collection of information requirements under
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this rule in accordance with the
principles and criteria contained in Executive Order 12612 and has
determined that this rule does not raise sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard has considered the environmental impacts of this
rule and concluded that, under paragraph 2.B.2.e.34(h) of COMDTINST
16475.1B, (as revised by 61 FR 13563, March 27, 1996) this rule is a
special local regulation issued in conjunction with a regatta or marine
parade and is categorically excluded from further environmental
documentation.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
Final Regulation
For the reasons set forth in the preamble, the Coast Guard amends
33 CFR Part 100 as follows:
1. The authority citation for Part 100 continues to read as
follows:
Authority: 33 U.S.C. 1233; 49 CFR 1.46 and 33 CFR 100.35.
2. Section 100.101, is amended by revising paragraph (b) to read as
follows:
Sec. 100.101 Harvard-Yale Regatta, Thames River, New London, CT.
* * * * *
(b) Effective period. This section is in effect on June 8, 1996,
from 4:00 p.m. to 7:30 p.m. and each year thereafter on a date and
times specified in a Federal Register notice. If the regatta is
canceled due to weather, this section will be in effect on the
following Sunday.
* * * * *
Dated: May 1, 1996.
J.L. Linnon,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 96-11903 Filed 5-10-96; 8:45 am]
BILLING CODE 4910-14-M
Complete official Federal Register PDF
FR Doc. 96-11901 Special Local Regulations: Boating Safety Parade; Charleston, SC
[Federal Register Volume 61, Number 93 (Monday, May 13, 1996)]
[Rules and Regulations]
[Pages 21962-21963]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11901]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
33 CFR Part 100
[CGD07-96-031]
RIN 2115-AE46
Special Local Regulations: Boating Safety Parade; Charleston, SC
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is adopting Special Local Regulations for the
Boating Safety Parade, sponsored by the Charleston Power Squadron. This
event will be held from 12 p.m. to 4 p.m. EDT (Eastern Daylight Time),
on May 18, 1996. The customary presence of commercial and recreational
traffic, and the nature of the event creates an extra or unusual hazard
on the navigable waters. These regulations are necessary to provide for
the safety of life on navigable waters during the event.
EFFECTIVE DATE: This rule is effective from 12 p.m. to 4 p.m. EDT, on
May 18, 1996.
FOR FURTHER INFORMATION CONTACT:
ENS M.J. DaPonte, project officer, Coast Guard Group Charleston at
(803) 724-7621.
SUPPLEMENTARY INFORMATION: In accordance with 5 U.S.C. 553, a notice of
proposed rulemaking has not been published for these regulations and
good cause exists for making them effective in less than 30 days from
the date of publication. Following normal rulemaking procedures would
have been impractical. The information to hold the event was not
received until April 4, 1996, and there was insufficient time remaining
to publish proposed rules in advance of the event or to provide for a
delayed effective date.
Discussion of Regulations
These temporary special local regulations are needed to provide for
the safety of life during Charleston Power Squadron's Boating Safety
Parade. The regulations are intended to promote safe navigation on the
waters on the Cooper and Ashley Rivers in Charleston Harbor during the
parade by controlling the traffic entering, exiting, and traveling
within the parade formation. There will be approximately thirty sailing
and power boats participating in the parade. The anticipated
concentration of nonparticipating vessels within the area
[[Page 21963]]
poses a safety concern, which is addressed in these special local
regulations.
The temporary special local regulations will not permit the entry
or movement of spectator vessels and other non-participating vessel
traffic within an area 500 yards ahead, 100 yards astern, and 50 yards
to either side of the vessels participating in the parade of boats
between Town Creek Reach Buoy 2 (LLNR 2215) and the City Marina on the
Ashley River, from 12 to 4 p.m. EDT, on May 18, 1996. The regulations
will permit the movement of nonparticipating vessels within the
regulated area after the termination of the event, at the discretion of
the Coast Guard Patrol Commander.
Regulatory Evaluation
This proposal is not a significant regulatory action under Section
3(f) of the Executive Order 12866 and does not require an assessment of
the potential costs and benefits under Section 6(a)(3) of that Order.
It has been exempted from review by the Office of Management and Budget
under that order. It is not significant under the regulatory policies
and procedures of the Department of Transportation (DOT) (44 FR 11040;
February 26, 1979). The Coast Guard expects the economic impact of this
proposed rule to be so minimal that a full Regulatory Evaluation under
paragraph 10e of the regulatory policies and procedures of DOT is
unnecessary. The regulated area encompasses less than 3 nautical miles
of the Cooper and Ashley Rivers in Charleston, SC, and the regulation
would be in effect for only 4 hours the day of the event.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et. seq.), the
Coast Guard must consider whether this proposal will have a significant
economic impact on a substantial number of small entities. ``Small
entities'' include independently owned and operated small businesses
that are not dominant in their field and that otherwise qualify as
``small business concerns'' under Section 3 of the Small Business Act
(15 U.S.C. 632).
For reasons set forth in the above Regulatory Evaluation, the Coast
Guard certifies under 5 U.S.C. 605(b) that this proposal, if adopted,
would not have a significant economic impact on a substantial number of
small entities.
Collection of Information
These proposed regulations contain no collection of information
requirements under the Paperwork Reduction Act (44 U.S.C. 3501 et.
seq.).
Federalism
This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 12612, and it has been determined
that the rulemaking does not have sufficient Federalism implications to
warrant the preparation of a Federalism Assessment.
Environmental Assessment
The Coast Guard has considered the environmental impact of this
proposal consistent with Section 2.B.2.e of Commandant Instruction
M16475.1 (Series). In accordance with that section, this event has been
determined to be categorically excluded. Specifically, the Coast Guard
has consulted with the South Carolina Department of Natural Resources
and Department of Environmental and Health Control, the Army Corps of
Engineers, the U.S. Fish and Wildlife Service, and the National Marine
Fisheries Service regarding the environmental impact of this event, and
it has been determined that the event does not jeopardize the continued
existence of protected species.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
Temporary Regulation
PART 100--[AMENDED]
For reasons set out in the preamble, the Coast Guard amends 33 CFR
Part 100 as follows:
1. The authority citation for Part 100 continues to read as
follows:
Authority: 33 U.S.C. 1233; 49 CFR 1.46 and 33 CFR 100.35.
2. A temporary section 100.35-T07-031 is added to read as follows:
Sec. 100.35-T07-031 Charleston Power Squadron Boating Safety Parade;
Wando, Cooper and Ashley Rivers, Charleston, SC.
(a) Definitions: (1) Regulated area. The regulated area is formed
around the area 500 yards ahead of the lead vessel of the parade, 100
yards astern of the last parade vessel, and 50 yards to either side of
all parade vessels along the parade route described in paragraph (a)(2)
of this section.
(2) Parade route. The parade route begins at the Town Creek Lower
Reach buoy 2 (LLNR 2215) in approximate position 32 deg.47.6' N,
079 deg.55.35' W, thence south along the Charleston peninsula to
32 deg.45.95' N, 079 deg.55.34' W, thence up the Ashley River, and
continuing to the finishing point at City Marina, in approximate
position 32 deg.46.8' N, 79 deg.57.18' W. All coordinates referenced
use datum: NAD 1983.
(3) Coast Guard Patrol Commander. The Coast Guard Patrol Commander
is a commissioned, warrant or petty officer of the Coast Guard who has
bee designated by the Commander, Coast Guard Group Charleston, South
Carolina.
(b) Special local regulations.
(1) Entry into the regulate area by other than authorized parade
participants or official patrol vessels is prohibited, unless
authorized by the Patrol Commander.
(2) After termination of the Charleston Power Squadron Boating
Safety Parade and departure of the parade participants from the
regulated area, all vessels may resume normal operations.
(c) Effective date. This section is effective at 12 p.m. and
terminates at 4 p.m. EDT, on May 18, 1996, unless otherwise specified
in the Seventh Coast Guard District Local Notice to Mariners.
Dated: April 30, 1996.
Roger T. Rufe, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 96-11901 Filed 5-10-96; 8:45 am]
BILLING CODE 4910-14-M
Complete official Federal Register PDF
FR Doc. 96-11900 Safety Zone: Fire Island Lighthouse Fireworks Display, Fire Island, NY
[Federal Register Volume 61, Number 93 (Monday, May 13, 1996)]
[Rules and Regulations]
[Pages 21963-21964]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11900]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
33 CFR Part 165
[CGD01-96-026]
RIN 2115-AA97
Safety Zone: Fire Island Lighthouse Fireworks Display, Fire
Island, NY
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a safety zone for the Fire
Island Lighthouse Fireworks Display to be held on Great South Bay, Fire
Island, NY, on May 26, 1996. This safety zone is needed to protect
persons, facilities, vessels and others in the maritime community from
the safety hazards associated with this fireworks display. Entry into
this safety zone is prohibited unless authorized by the Captain of the
Port.
EFFECTIVE DATE: This regulation is effective on May 26, 1996, from 9:30
p.m. until 9:45 p.m. unless extended or terminated sooner by the
Captain of the Port. There is no rain date scheduled for this event.
FOR FURTHER INFORMATION CONTACT:
Lieutenant Commander T.V. Skuby, Chief of Port Operations, Captain of
the Port, Long Island Sound at (203) 468-4464.
[[Page 21964]]
SUPPLEMENTARY INFORMATION:
Regulatory History
As authorized by 5 U.S.C. 553, a notice of proposed rulemaking
(NPRM) was not published for this regulation. Good cause exists for not
publishing a NPRM and for making this regulation effective in less than
30 days after Federal Register publication. Due to the complex planning
and coordination involved, the sponsor of the event was unable to
provide the Coast Guard with the final details for the events in
sufficient time to publish a NPRM or a final rule 30 days in advance.
The delay encountered if normal rule making procedures were followed
would effectively cancel the event.
Background and Purpose
On February 15, 1996, the sponsor, Fire Island Lighthouse
Preservation Society, Fire Island, NY, requested that a 15 minute
fireworks display, be permitted in Great South Bay, located
approximately 1000 yards southeast of Captree State Park, Fire Island,
NY. The fireworks display will occur on May 26, 1996, from 9:30 p.m.
until 9:45 p.m. The safety zone covers all waters of Great South Bay
within a 1200 foot radius of the fireworks launching barge. This zone
is required to protect the maritime community from the safety dangers
associated with this fireworks display.
Entry into or movement within this zone will be prohibited unless
authorized by the Captain of the Port or his on scene representative.
Regulatory Evaluation
This temporary final rule is not a significant regulatory action
under section 3(f) of Executive Order 12866 and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that order. It has been exempted from review by the Office of
Management and Budget under that order. It is not significant under the
regulatory policies and procedures of the Department of Transportation
(DOT) (44 FR 11040; February 26, 1979). The Coast Guard expects the
economic impact of this proposal to be so minimal that a full
Regulatory Evaluation under paragraph 10e of the regulatory policies
and procedures of DOT is unnecessary. This safety zone involves only a
portion of Great South Bay and entry into this zone will be restricted
for only 15 minutes on May 26, 1996. Although this regulation prevents
traffic from transiting Great South Bay, at Fire Island, NY, the effect
of this regulation will not be significant for several reasons: the
safety zone will not impact a navigable channel; the duration of the
event is limited; the event is at a late hour; all vessel traffic may
safely pass to the seaward side of this safety zone; and extensive,
advance maritime advisories will be made.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this proposal will have a significant
economic impact on a substantial number of small entities. ``Small
entities'' include independently owned and operated small businesses
that are not dominant in their field and that otherwise qualify as
``small business concerns'' under section 3 of the Small Business Act
(14 U.S.C. 632).
For the reasons addressed under the Regulatory Evaluation above,
the Coast Guard expects the impact of this regulation to be minimal and
certifies under section 605(b) of the Regulatory Flexibility Act (5
U.S.C. 601 et seq.) that this final rule will not have a significant
economic impact on a substantial number of small entities.
Collection of Information
This rule contains no collection of information requirements under
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this action in accordance with the
principles and criteria contained in Executive Order 12612, and has
determined that these regulations do not raise sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard has considered the environmental impact of this
regulation and concluded that under section 2.B.2.e. of Commandant
Instruction M16475.1B, revised 59 FR 38654, July 29, 1995, the
promulgation of this regulation is categorically excluded form further
environmental documentation. A Categorical Exclusion Determination and
a Environmental Analysis Checklist are included in the docket. An
appropriate environmental analysis of the fireworks program will be
conducted in conjunction with the marine event permitting process.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons set out in the preamble, the Coast Guard amends 33
CFR Part 165 as follows:
1. The authority citation for Part 165 continues to read as
follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g),
6.04-1, 6.04-6 and 160.5; 49 CFR 1.46.
2. A temporary section, 165.T01-026, is added to read as follows:
Sec. 165.T01-026 Fire Island Lighthouse Fireworks Display, Fire
Island, NY.
(a) Location. The safety zone includes all waters of Great South
Bay within a 1200 foot radius of the fireworks barge, located offshore
approximately 1000 yards southeast of Captree State Park in Great South
Bay, Fire Island, NY, in approximate position 40 deg.38'00'' N,
073 deg.15'00'' W. (NAD 1983)
(b) Effective date. This section is effective on May 26, 1996, from
9:30 p.m. until 9:45 p.m., unless extended or terminated sooner by the
Captain of the Port Long Island Sound. In case of inclement weather
there is no rain date scheduled for this event.
(c) Regulations. The general regulations covering safety zones
contained in Sec. 165.23 of this part apply.
Dated: May 2, 1996.
W.R. Grawe,
Commander, U.S. Coast Guard, Captain of the Port, Long Island Sound.
[FR Doc. 96-11900 Filed 5-10-96; 8:45 am]
BILLING CODE 4910-14-M
Complete official Federal Register PDF
FR Doc. 96-11899 First and Fifth District Boundaries, Marine Inspection and Captain of the Port Zone Boundaries
[Federal Register Volume 61, Number 93 (Monday, May 13, 1996)]
[Rules and Regulations]
[Pages 21957-21959]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11899]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 3
[CGD 96-016]
RIN 2115-AF31
First and Fifth District Boundaries, Marine Inspection and
Captain of the Port Zone Boundaries
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is changing the boundary between the First and
Fifth Districts and revising the descriptions of several Marine
Inspection and Captain of the Port Zone boundaries in the First and
Fifth Districts. The Marine Inspection Zone that covers the New York
and Long Island Sound Captain of the Port Zones is being split into two
Marine Inspection Zones, each of which will be the same geographic area
as its respective Captain of the Port Zone. These changes clarify Coast
Guard geographic area responsibilities both in the First and Fifth
Coast Guard Districts. These changes are administrative and will impact
Coast Guard services.
EFFECTIVE DATE: This rule is effective on April 15, 1996.
ADDRESSES: Unless otherwise indicated, documents referred to in this
preamble are available for inspection or copying at the office of the
Executive Secretary, Marine Safety Council (G-LRA/3406), U.S. Coast
Guard Headquarters, 2100 Second Street SW., room 3406, Washington, DC
20593-0001, between 8 a.m. and 3 p.m., Monday through Friday, except
Federal Holidays. The telephone number is (202) 267-1477.
FOR FURTHER INFORMATION CONTACT: Richard Schaefer, Project Manager,
Program Branch, Search Rescue Division (G-NRS-1), (202) 267-1089.
SUPPLEMENTARY INFORMATION:
Background and Purpose
The Coast Guard is revising 33 CFR part 3 to reflect a change in
the boundaries of the First and Fifth Districts. The First District,
headquartered in Boston, includes New England and the State and City of
New York and is located immediately to the north of the Fifth District
which includes the mid-Atlantic area and is headquartered in
Portsmouth, Virginia. The Coast Guard has moved the boundary between
the districts approximately 21 miles north, thereby enlarging the area
of the Fifth District and reducing the area of the First District.
Portions of the area transferred from the First to the Fifth
District which are currently part of the New York Captain of the Port
Zone become part of the Philadelphia Marine Inspection Zone and Captain
of the Port Zone, and the Hampton Roads Marine Inspection Zone and
Captain of the Port Zone. The boundaries of the Philadelphia and
Hampton Roads Zones are amended to reflect this additional area.
Additionally, within the First District, two new Marine Inspection
Zones are being established. Previously, the New York and Long Island
Captain of the Port Zones together comprised a single Marine Inspection
Zone. This single Marine Inspection Zone is being divided into two new
zones. One new Marine Inspection Zone will have the same boundaries as
the New York Captain of the Port Zone, and the other new Marine
Inspection Zone will have the same boundaries as the Long Island Sound
Captain of the Port Zone.
Discussion of Changes
The current descriptions do not reflect the changes in these
District and Marine Inspection and Captain of the Port Zone boundaries.
This rule revises these descriptions. The Coast Guard is proceeding
directly to a final rule under section 553(b)(3)(A) of the
Administrative Procedures Act (5 U.S.C. 551 et seq.) which excludes
rulemakings relating to agency organization, procedure, or practice
from the requirements of public notice and comment. These changes are
administrative and will not impact Coast Guard services.
Section 3.05-1. This section is revised to describe the First
District's new boundaries. Portions of northern New Jersey which were
formerly in the First District are now in the Fifth District. The new
boundary line between the districts in New Jersey moves approximately
21 miles north from 39 deg.57' N. latitude at the Toms River to
40 deg.18' N. latitude, just south of the Shrewsbury River. The
offshore boundary in the Atlantic Ocean moves north an equal distance.
Section 3.05-25. This section, describing the New York Marine
Inspection Zone, is removed.
Section 3.05-30. This section, describing the New York Captain of
the Port Zone, is revised to describe the boundaries of the new New
York Captain of the Port Zone and the new New York Marine Inspection
Zone, both of which have the same boundaries.
Section 3-05-35. This section, describing the Long Island Sound
Captain of the Port Zone, is revised to describe the boundaries of the
new Long Island Sound Captain of the Port Zone and the new Long Island
Sound Marine Inspection Zone, both of which have the same boundaries.
Section 3-25-1. This section, describing the Fifth District
boundaries, is revised to add those portions of New Jersey and adjacent
offshore waters of the Atlantic Ocean which previously were in the
First District. All of Ocean County, NJ, the southern half of
[[Page 21958]]
Monmouth County, NJ, north of 40 deg.18' N. latitude and Atlantic Ocean
waters adjacent will be within the boundaries of the Fifth District.
3.25-05. This section, describing the Philadelphia Marine
Inspection Zone and Captain of the Port Zone, is revised to add those
portions of New Jersey and adjacent offshore waters of the Atlantic
Ocean north of 38 deg.28' N. latitude which previously were in the New
York Captain of the Port Zone. All of Ocean County, NJ, the southern
half of Monmouth County, NJ, north of 40 deg.18' N. latitude and
Atlantic Ocean waters adjacent will be within the boundaries of the
Philadelphia Marine Inspection and Captain of the Port Zones.
Section 3.25-10. This section, describing the Hampton Roads Marine
Inspection Zone and Captain of the Port Zone, is revised to add those
portions of the Atlantic Ocean south of 38 deg.28' N. latitude which
previously were in the New York Captain of the Port Zone.
Regulatory Evaluation
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866 and does not require an assessment of
potential costs and benefits under section 6(a)(3) of that order. It
has not been reviewed by the Office of Management and Budget under that
order. It is not significant under the regulatory policies and
procedures of the Department of Transportation (DOT) (44 FR 11040;
February 26, 1979). The Coast Guard expects the economic impact of this
rule to be so minimal that full Regulatory Evaluation under paragraph
10e of the regulatory policies and procedures of DOT is unnecessary. As
this rule involves internal agency practices and procedures, it will
not impose any costs on the public.
Collection of Information
This rule contains no collection of information requirements under
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this rule under the principles and
criteria contained in Executive Order 12612 and has determined that
this rule does not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this rule
and concluded that under paragraph 2.B.2 of Commandant Instruction
M16475.1B, this rule is categorically excluded from further
environmental documentation. This exclusion is in accordance with
paragraphs 2.B.2.e (34) (a) and (b), concerning regulations that are
editorial or procedural and concerning internal agency functions or
organization. A ``Categorical Exclusion Determination'' is available in
the docket for inspection or copying where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 3
Organization and functions (Government agencies). For the reasons
set out in the preamble, the Coast Guard amends 33 CFR part 3 as
follows:
PART 3--COAST GUARD AREAS, DISTRICTS, MARINE INSPECTION ZONES, AND
CAPTAIN OF THE PORT ZONES
1. The authority citation for part 3 continues to read as follows:
Authority: 14 U.S.C. 633; 49 CFR 1.45, 1.46.
2. In section 3.05-1, paragraph (b) is revised to read as follows:
Sec. 3.05-1 First district.
* * * * *
(b) The First Coast Guard District is comprised of: Maine; New
Hampshire; Vermont; Massachusetts; Rhode Island; Connecticut; New York
except that part north of latitude 42 deg. N. and west of longitude
74 deg.39' W; that part of New Jersey north of 40 deg.18' N. latitude,
east of 74 deg.30.5' W. longitude, and northeast of a line from
40 deg.18' N. 74 deg.30.5' W. north-northwesterly to the New York, New
Jersey & Pennsylvania boundaries at Tristate; all U.S. Naval
reservations on shore at Newfoundland; the ocean area encompassed by
the Search and Rescue boundary between Canada and the United States
easterly to longitude 63 deg. W.; thence due south to latitude 41 deg.
N.; thence southwesterly along a line bearing 219 deg.T to the point of
intersection at 37 deg. N. latitude, 67 deg.13' W. longitude with a
line bearing 122 deg.T from the New Jersey shoreline at 40 deg.18' N.
latitude (just south of the Shrewsbury River); thence northwesterly
along this line to the coast.
Sec. 3.05-25 [Removed]
3. Section 3.05-25 is removed.
4. Section 3.05-30 is revised to read as follows:
Sec. 3.05-30 New York Marine Inspection Zone and Captain of the Port
Zone.
(a) The New York Marine Inspection Office and Captain of the Port
Office is located in New York, New York.
(b) The boundary of the New York Marine Inspection Zone and Captain
of the Port Zone starts on the south shore of Long Island at
40 deg.35.4' N. latitude, 73 deg.46.6' W. longitude and proceeds
southeasterly along a line bearing 127.5 deg.T to 38 deg.28' N.
latitude, 70 deg.11' W. longitude; thence northwesterly along a line
bearing 122 deg.T from the New Jersey coast at 40 deg.18' N. latitude;
thence west along 40 deg.18' N. latitude to 74 deg.30.5' W. longitude;
thence northwesterly to the intersection of the New York-New Jersey-
Pennsylvania boundaries at Tristate; thence northwesterly along the
east bank of the Delaware River to 42 deg.00' N. latitude; thence east
to 74 deg.39' W. longitude; thence north to the Canadian border; thence
easterly along the Canadian Border to the northeast corner of the
Orleans County line in Vermont; thence following the eastern and
southern boundaries of Orleans, Franklin, Chittenden, Addison, and
Ruthland Counties to the Vermont-New York boundary; thence southerly
along the New York boundary to 41 deg.01.5' N. latitude, 73 deg.40' W.
longitude; thence southerly to the southern shore of Manursing Island
at 40 deg.58' N. latitude, 73 deg.40' W. longitude; thence
southeasterly to 40 deg.52.5' N. latitude, 73 deg.37.2' W. longitude;
thence southerly to 40 deg.40' N. latitude, 73 deg.40' W. longitude;
thence southwesterly to the point of origin.
5. Section 3.05-35 is revised to read as follows:
Sec. 3.05-35 Long Island Sound Marine Inspection and Captain of the
Port Zone.
(a) The Long Island Sound Marine Inspection Office and Captain of
the Port Office is located in New Haven, Connecticut.
(b) The boundary of the Long Island Sound Marine Inspection Zone
and Captain of the Port Zone starts at 40 deg.35.4' N. latitude,
73 deg.46.6' W. longitude; thence proceeds along a line northwesterly
to 40 deg.40' N. latitude, 73 deg.40' W. longitude; thence to
40 deg.52.5' N. latitude, 73 deg.37.2' W. longitude; thence northwest
to the south shore of Manursing Island at 40 deg.58' N. latitude,
73 deg.40' W. longitude; thence northerly to the Connecticut-New York
boundary at 41 deg.01.5' N. latitude, 73 deg.40' w. longitude; thence
north along the western boundary of Connecticut to the Massachusetts-
Connecticut boundary; thence east along the southern boundary of
Massachusetts, including the waters of the Congamond Lakes, to the
Rhode Island boundary; thence south along the Connecticut-Rhode Island
boundary, excluding the waters of Beach Pond, to 41 deg.24' N.
latitude, 71 deg.48' W. longitude; thence southerly to 41 deg.21' N.
latitude, 71 deg.48.5' W. longitude at Westerly, Rhode Island; thence
southwesterly to Watch Hill Light, Rhode Island. The
[[Page 21959]]
northern offshore boundary is a line bearing 132 deg.T from Watch Hill
Light to the outermost extent of the EEZ. The southern offshore
boundary extends along a line bearing 127.5 deg.T from the south shore
of Long Island at 40 deg.35.4' N. latitude, 73 deg.46.6' W. longitude
to 38 deg.28' N. latitude, 70 deg.11' W. longitude; thence easterly to
the outermost extent of the EEZ; thence northerly along the outermost
extent of the EEZ to the intersection of the northern boundary.
6. In section 3.25-1, paragraph (b) is revised to read as follows:
Sec. 3.25-1 Fifth district.
* * * * *
(b) The Fifth Coast Guard District is comprised of: North Carolina;
Virginia; District of Columbia; Maryland; Delaware; that part of
Pennsylvania east of a line drawn along 78 deg.55' W. longitude south
to 41 deg.00' N. latitude, thence west to 79 deg.00' W. longitude, and
thence south to the Pennsylvania-Maryland boundary; that portion of New
Jersey that lies south and west of a line drawn from the New Jersey
shoreline at 40 deg.18' N. latitude (just south of the Shrewsbury
River), thence westward to 40 deg.18' N. latitude, 74 deg.30.5' W.
longitude, thence north-northwesterly to the junction of the New York,
New Jersey, and Pennsylvania boundaries at Tristate; and the ocean area
encompassed by a line bearing 122 deg.T from the coastal end of the
First and Fifth Districts' land boundary at the intersection of the New
Jersey shoreline and 40 deg.18' N. latitude (just south of the
Shrewsbury River) to the southernmost point in the First Coast Guard
District (a point located at approximately 37 deg. N. latitude,
67 deg.13' W. longitude); thence along a line bearing 219 deg.T to the
point of intersection with the ocean boundary between the Fifth and
Seventh Coast Guard Districts, which is defined as a line bearing
122 deg.T from the coastal end of the Fifth and Seventh Districts' land
boundary at the shoreline at the North Carolina-South Carolina border,
point located at approximately 30 deg.55' N. 73 deg. W.; thence
northwesterly along this line to the coast.
7. In section 3.25-05, paragraph (b) is revised to read as follows:
Sec. 3.25-05 Philadelphia Marine Inspection Zone and Captain of the
Port Zone.
* * * * *
(b) The boundary of the Philadelphia Marine Inspection zone and
Captain of the Port Zone starts at the New Jersey coast at 40 deg.18'
N. latitude, thence proceeds westward to 40 deg.18' N. latitude,
74 deg.30.5' W. longitude, thence north-northwesterly to the junction
of the New York, New Jersey, and Pennsylvania boundaries at Tristate;
thence northwesterly along the east bank of the Delaware River to
42 deg.00' N. latitude; thence west along the New York-Pennsylvania
boundary to 78 deg.55' W. longitude; thence south to 41 deg.00' N.
latitude; thence west to 79 deg.00' W. longitude; thence south to the
Pennsylvania-Maryland boundary; thence east to the intersection of the
Maryland-Delaware boundary; thence south and east along the Maryland-
Delaware boundary to the sea, including Fenwick Island Light. The
offshore boundary starts at Fenwick Island Light and proceeds east
along 38 deg.28' N. latitude to 70 deg.11' W. longitude; thence
northwesterly along a line bearing 122 deg.T from the New Jersey Coast
at 40 deg.18' N. latitude.
8. In section 3.25-10, paragraph (b) is revised to read as follows:
Sec. 3.25-10 Hampton Roads Marine Inspection Zone and Captain of the
Port Zone.
* * * * *
(b) The boundary of the Hampton Roads Marine Inspection Zone and
Captain of the Port Zone starts at the intersection of the Maryland-
Delaware boundary and the coast and proceeds along the Maryland-
Delaware boundary to a point 75 deg.30' W. longitude; thence southerly
to a point 75 deg.30' W. longitude on the Maryland-Virginia boundary,
thence westerly along the Maryland-Virginia boundary as it proceeds
across the Delmarva Peninsula, Pocomoke River, Tangier and Pocomoke
Sounds, and Chesapeake Bay; thence northwesterly along the Maryland-
Virginia boundary and the District of Columbia-Virginia boundary as
those boundaries are formed along the southern bank of the Potomac
River to the intersection of the Virginia-Maryland-West Virginia
boundaries; thence southerly along the Virginia-West Virginia boundary
and the Virginia-Kentucky boundary to the Tennessee boundary; thence
eastward along the Virginia-Tennessee boundary to the Virginia-North
Carolina boundary; thence eastward along the Virginia-North Carolina
boundary to Kerr (Buggs Island) Lake; thence along the shore of Kerr
Lake in North Carolina back to the Virginia-North Carolina boundary;
thence eastward along the Virginia-North Carolina boundary to the west
bank of the Chowan River; thence southerly along the west bank of the
Chowan River to a point 36 deg.00' N. latitude, 76 deg.41' W.
longitude; thence generally southerly and easterly along the western
boundaries of Washington, and Hyde Counties to a point 35 deg.37' N.
latitude, 76 deg.32' W. longitude; thence easterly to a point
35 deg.37' N. latitude, 76 deg.00.5' W. longitude; thence generally
southwesterly to a point 35 deg.01.5' N. latitude, 76 deg.20 W.
longitude; thence easterly to the sea at 34 deg.59.8' N. latitude,
76 deg.07.8 W. longitude. The offshore boundary starts at the
intersection of the Maryland-Delaware boundary and the coast and
proceeds east to a point 38 deg.28' N. latitude, 70 deg.11 W.
longitude; thence southeasterly on a line bearing 122 deg. T to the
outermost extent of the EEZ; thence southerly along the outermost
extent of the EEZ to 34 deg.59.8' N. latitude; and thence westerly
along 34 deg.59.8' latitude to the coast at 76 deg.07.8' W. longitude.
Dated: April 10, 1996.
Rudy K. Peschel,
Rear Admiral, U.S. Coast Guard, Chief, Office of Navigation Safety an
Waterway Services.
[FR Doc. 96-11899 Filed 5-10-96; 8:45 am]
BILLING CODE 4910-14-M
Complete official Federal Register PDF
FR Doc. 96-11897 Special Local Regulations; Key West Super Boat Race; Key West, FL
[Federal Register Volume 61, Number 93 (Monday, May 13, 1996)]
[Rules and Regulations]
[Pages 21960-21961]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11897]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 100
[CGD07-96-032]
RIN 2115-AE46
Special Local Regulations; Key West Super Boat Race; Key West, FL
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: Special local regulations are being adopted for the Key West
Super Boat Race sponsored by Super Boat Racing, Inc. This event will be
held on May 19, 1996, between 10 a.m. and 4 p.m. edt (eastern daylight
time). The regulations are needed to provide for the safety of life on
navigable waters during the event.
EFFECTIVE DATE: This rule is effective from 10 a.m. edt and terminates
at 4 p.m. edt, on May 19, 1996.
FOR FURTHER INFORMATION CONTACT:
QMC Kent, project officer, USCG Group Key West, (305) 292-8727.
SUPPLEMENTARY INFORMATION: In accordance with 5 U.S.C. 553, a notice of
proposed rulemaking has not been published for these regulations and
good cause exists for making them effective in less than 30 days from
the date of publication. Following normal rulemaking procedures would
have been impractical, as there was not sufficient time remaining to
publish proposed rules in advance of the event or to provide for a
delayed effective date.
Discussion of Regulations
These special local regulations are being adopted for the Key West
Super Boat Race. The event will be held from 10 a.m. to 4 p.m. edt, on
May 19, 1996. Approximately 35 power boats and 100 spectator craft are
expected to participate in the Key West Super Boat Race. The power
boats will be competing at high speeds and operating in close proximity
to the spectators, creating an extra or unusual hazard on navigable
waters. These regulations are needed to provide for the safety of life
on navigable waters during the event.
Regulatory Evaluation
This regulations is not a significant regulatory action under
section 3(f) of Executive Order 12866 and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that order. It has been exempted from review by the Office of
Management and Budget under that order. It is not significant under the
regulatory policies and procedures of the Department of Transportation
(DOT) (44 FR 11040; February 26, 1979). The Coast Guard expects the
economic impact of this proposal to be so minimal that a full
Regulatory Evaluation under paragraph 10e of the regulatory policies
and procedures of DOT is unnecessary. Entry into the regulated area is
prohibited for only 6 hours on the day of the event.
Since the impact of this rule is expected to be minimal, the Coast
Guard
[[Page 21961]]
certifies that it will not have a significant economic impact on a
substantial number of small entities.
Collection of Information
These regulations contain no collection of information requirements
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 12612, and it has been determined
that the rulemaking does not have sufficient federalism implications to
warrant the preparation of a Federalism Assessment.
Environmental Assessment
The Coat Guard has considered the environmental impact of this rule
consistent with Section 2.B.2. of Commandant Instruction M16475.1B. In
accordance with that section, this action has been environmentally
assessed (EA completed), and the Coast Guard has determined that it
will not significantly affect the quality of human environment. An
environmental assessment and finding of no significant impact have been
prepared. Furthermore as a condition of the marine event permit, the
applicant has been required to educate the operators of spectator craft
and race participants regarding the possible presence of manatees and
the appropriate precautions to take if the animals are sighted.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
Temporary Final Regulations
In consideration of the foregoing, the Coast Guard amends, Part 100
of Title 33, Code of Federal Regulations, as follows:
1. The authority citation for part 100 continues to read as
follows:
Authority: 33 U.S.C. 1233, 49 CFR 1.46 and 33 CFR 100.35.
2. A temporary section 100.35-T07-032 is added to read as follows:
Sec. 100.35-T07-032 Key West Super Boat Race; Key West, FL.
(a) Definitions.
(1) Regulated area. All navigable waters within a line drawn
through the following points:
24-33.65N 081-48.47W; thence to,
24-33.95N, 081-48.30W; thence to,
24-34.05N, 081-48.45W; thence to,
24-33.58N, 081-48.70W; thence to,
24-31.18N, 081-51.10W; thence to,
24-31.18N, 081-48.88W; thence to,
24-32.94N, 081-48.82W.
All coordinates reference use datum: NAD 1983.
(2) Coast Guard Patrol Commander. The Coast Guard Patrol Commander
is a commissioned, warrant, or petty officer of the United States Coast
Guard who has been designated by Coast Guard Group Key West, Florida.
(b) Special local regulations. (1) Entry into the regulated area,
by other than event participants, is prohibited unless otherwise
authorized by the patrol commander.
(2) A succession of not less than 5 short whistle or horn blasts
from a patrol vessel will be the signal for any non-participating
vessel to take immediate steps to avoid collision. The display of a red
distress flare from a patrol vessel will be a signal for any and all
vessels to stop immediately.
(c) Effective Date. This section is effective at 10 a.m. edt and
terminates at 4 p.m. edt, on May 19, 1996.
Dated: April 25, 1996.
P.J. Cardaci,
Captain, U.S. Coast Guard, Acting Commander, Seventh Coast Guard
District.
[FR Doc. 96-11897 Filed 5-10-96; 8:45 am]
BILLING CODE 4910-14-M
Complete official Federal Register PDF
FR Doc. 96-11896 Special Local Regulation: World's Fastest Lobster Boat Race, Moosabec Reach, Jonesport, ME
[Federal Register Volume 61, Number 93 (Monday, May 13, 1996)]
[Rules and Regulations]
[Pages 21961-21962]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11896]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
33 CFR Part 100
[CGD01-95-168]
RIN 2115-AE 46
Special Local Regulation: World's Fastest Lobster Boat Race,
Moosabec Reach, Jonesport, ME
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a permanent special local
regulation for the World's Fastest Lobster Boat Race in the waters of
Moosabec Reach, Jonesport, ME. The event will be held on July 4, 1996,
and each year thereafter on a date published in the Federal Register.
This regulation is needed to protect the boating public from the
hazards associated with high speed powerboat racing in confined waters.
EFFECTIVE DATE: This rule is effective on June 12, 1996.
FOR FURTHER INFORMATION CONTACT:
Lieutenant (Junior Grade) Benjamin M. Algeo, Chief Boating Affairs
Branch, First Coast Guard District, (617) 223-8310
SUPPLEMENTARY INFORMATION:
Regulatory History
A notice of proposed rulemaking (NPRM) was published on March 4,
1996, (61 FR 8227) proposing the establishment of a permanent special
local regulation for the World's Fastest Lobster Boat Race. The NPRM
proposed to restrict vessels from transiting a specified regulated area
to ensure the safety of life and property in the immediate vicinity of
the event. No comments were received and no hearing was requested.
Discussion of Amendments
The World's Fastest Lobster Boat Race is a local, traditional event
that has been held for many years in Jonesport, ME. In the past, the
Coast Guard has promulgated individual regulations for each year's
race. Given the recurring nature of the event,the Coast Guard is
establishing a permanent regulation. The regulation establishes a
regulated area on Moosabec Reach and provides specific guidance to
control vessel movement during the race.
This event includes up to 60 power-driven lobster boats competing
in heats on a marked course at speeds approaching 25 m.p.h. The Coast
Guard will assign a patrol to the event, and the race course will be
marked. However, due to the speed, large wakes, and proximity of the
participating vessels, it is necessary to establish a special local
regulation to control spectator and commercial vessel movement.
Spectator craft are authorized to watch the race from any area as long
as they remain outside the designated regulated area. In emergency
situations, the Coast Guard patrol commander may establish escort
procedures for vessels requiring transit through the regulated area.
This section will be effective annually on a date to be published
in the Federal Register. If the race is canceled due to weather, this
section will be effective on the day following the effective date. This
final rule varies from the NPRM in that it provides for the effective
date to be published annually in the Federal Register.
Regulatory Evaluation
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, and does into require an assessment of
potential costs and benefits under section 6(a)(3) of that order. It
has been exempted from review by the Office of Management and Budget
under that order. It is not significant under the regulatory policies
and procedures of the Department of Transportation (DOT) (44 FR 11040;
[[Page 21962]]
February 26, 1979). The Coast Guard expects the economic impact of this
rule to be so minimal that a full Regulatory Evaluation, under
paragraph 10e of the regulatory policies and procedures of DOT, is
unnecessary. This conclusion is based on the limited duration of the
race, the extensive advisories that will be made to the affected
maritime community, and the minimal restrictions the regulation places
on vessel traffic.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider the economic impact on small entities of a
rule for which a general notice of proposed rulemaking is required.
``Small entities'' may include (1) small businesses and not-for-profit
organizations that are independently owned and operated and are not
dominant in their fields and (2) governmental jurisdictions with
populations of less than 50,000.
For the reasons discussed in the Regulatory Evaluation, the Coast
Guard certifies under 5 U.S.C. 605(b) that this rule will not have a
significant economic impact on a substantial number of small entities.
If, however, you think that your business or organization qualifies as
a small entity and that this rule will have a significant economic
impact on your business or organization, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and in what way and to
what degree this rule will economically affect it.
Collection of Information
This rule contains no collection of information requirements under
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this rule in accordance with the
principles and criteria contained in Executive Order 12612 and has
determined that this rule does not raise sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard has considered the environmental impacts of this
rule and concluded that, under paragraph 2.B.2.e.34(h) of COMDTINST
16475.1B, (as revised by 61 FR 13563, March 27, 1996) this rule is a
special local regulation issued in conjunction with a regatta or marine
parade and is categorically excluded from further environmental
documentation.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Records and recordkeeping
requirements, Waterways.
Final Regulation
For the reasons set forth in the preamble, the Coast Guard amends
33 CFR Part 100 as follows:
1. The authority citation for Part 100 continues to read as
follows:
Authority: 33 U.S.C. 1233; 49 CFR 1.46 and 33 CFR 100.35.
2. A new permanent section, 100.110, is added to read as follows:
Sec. 100.110 World's Fastest Lobster Boat Race, Jonesport, ME.
(a) Regulated area. The regulated area includes all waters of
Moosabec Reach within the following points (NAD 83):
Latitude Longitude
44 deg.31'36'' N 067 deg.36'54'' W
44 deg.31'48'' N 067 deg.34'42'' W
44 deg.31'36'' N 067 deg.34'42'' W
44 deg.31'18'' N 067 deg.36'54'' W
(b) Special local regulations. (1) The Coast Guard patrol commander
may delay, modify, or cancel the race as conditions or circumstances
require.
(2) No person or vessel may enter, transit, or remain in the
regulated area unless participating in the event or unless authorized
by the Coast Guard patrol commander.
(3) Vessels encountering emergencies which require transit through
the regulated area should contact the Coast Guard patrol commander on
VHF Channel 16. In the event of an emergency, the Coast Guard patrol
commander may authorize a vessel to transit through the regulated area
with a Coast Guard designated escort.
(4) All persons and vessels shall comply with the instructions of
the on-scene Coast Guard patrol commander. On-scene patrol personnel
include commissioned, warrant, and petty officers of the U.S. Coast
Guard. Upon hearing five or more short blasts from a U.S. Coast Guard
vessel, the operator of a vessel shall proceed as directed. Members of
the Coast Guard Auxiliary will also be present to inform vessel
operators of the regulation in this section and other applicable laws.
(c) Effective period. This section is in effect from 10 a.m. to 1
p.m. on July 4, 1996, and each year thereafter on a date and times
published in a Federal Register notice. If the event is canceled due to
weather, this section is in effect on the day following the published
effective date.
Dated: May 1, 1996.
J. L. Linnon,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 96-11896 Filed 5-10-96; 8:45 am]
BILLING CODE 4910-14-M
Complete official Federal Register PDF
FR Doc. 96-11887 Defense Federal Acquisition Regulation Supplement; Cost Reimbursement Rules for Indirect CostsPrivate Sector
[Federal Register Volume 61, Number 93 (Monday, May 13, 1996)]
[Rules and Regulations]
[Pages 21973-21975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11887]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
48 CFR Part 231
[DFARS Case 96-D303]
Defense Federal Acquisition Regulation Supplement; Cost
Reimbursement Rules for Indirect Costs--Private Sector
AGENCY: Department of Defense (DoD).
ACTION: Interim rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: The Director of Defense Procurement has issued an interim rule
amending the Defense Federal Acquisition Regulation Supplement to
permit the DoD to enter into a defense
[[Page 21974]]
capability preservation agreement with a defense contractor where it
would facilitate the achievement of the policy objectives relating to
defense reinvestment, diversification, and conversion set forth in 10
U.S.C. 2501(b).
DATES: Effective date: May 13, 1996.
Comment date: Comments on the interim rule and the associated
information collection requirement should be submitted in writing to
the address shown below on or before July 12, 1996, to be considered in
the formulation of the final rule.
ADDRESSES: Interested parties should submit written comments to:
Defense Acquisition Regulations Council, Attn: Ms. Sandra G. Haberlin,
PDUSD (A&T)DP(DAR), IMD 3D139, 3062 Defense Pentagon, Washington, DC
20301-3062. Telefax number (703) 602-0350. Please cite DFARS Case 96-
D303 in all correspondence related to this issue.
FOR FURTHER INFORMATION CONTACT:
Ms. Sandra G. Haberlin, (703) 602-0131.
SUPPLEMENTARY INFORMATION:
A. Background
This interim rule adds Subsection 231.205-71 to the Defense Federal
Acquisition Regulation Supplement (DFARS) to implement Section 808 of
the National Defense Authorization Act for Fiscal Year 1996 (Pub. L.
104-106). Section 808 permits the DoD to enter into a defense
capability preservation agreement with a defense contractor where it
would facilitate the achievement of the policy objectives relating to
defense reinvestment, diversification, and conversion set forth in 10
U.S.C. 2501(b). Such an agreement would permit the contractor to claim
certain indirect costs, attributable to its private sector work, on its
defense contracts.
B. Determination to Issue an Interim Rule
A determination has been made under the authority of the Secretary
of Defense to issue this rule as an interim rule. Compelling reasons
exist to promulgate this rule without prior opportunity for public
comment. This rule implements Section 808 of the National Defense
Authorization Act for Fiscal Year 1996 (Pub. L. 104-106), which was
effective upon enactment on February 10, 1996. However, comments
received in response to the publication of this interim rule will be
considered in formulating the final rule.
C. Regulatory Flexibility Act
The interim rule is not expected to 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 most
contracts awarded to small entities are awarded on a competitive fixed-
price basis and do not require application of the cost principles
contained in this rule. An initial regulatory flexibility analysis has
therefore not been performed. Comments are invited from small
businesses and other interested parties. Comments from small entities
concerning the affected DFARS subpart will also 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. (DFARS Case 96-D303), in
correspondence.
D. Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (Pub. L. 104-13) applies
because the interim rule contains a new information collection
requirement. A request for approval of a new information collection
requirement, under the emergency processing provisions of Section
3502(j) of the Paperwork Reduction Act, was submitted to the Office of
Management and Budget and approved through July 31, 1996, under OMB
Number 0704-0387. The necessary regular request for approval of the
information collection requirement has been submitted to the Office of
Management and Budget under Section 3507(d) of the Act.
Comments are invited. Particular comments are solicited on:
a. Whether the collection of information is necessary for the
proper performance of the functions of the agency, including whether
the information will have practical utility;
b. The accuracy of the agency's estimate of the burden of the
information collection;
c. Ways to enhance the quality, utility, and clarity of the
information to be collected; and
d. Ways to minimize the burden of the information collection on
respondents, including the use of automated collection techniques or
other forms of information technology.
Title, Associated Form, and OMB Number: Defense Preservation
Capability Agreements, DFARS Subsection 231.205-71, OMB Number 0704-
0387.
Needs and Uses: This information collection requirement is a direct
result of Section 808 of the National Defense Authorization Act for
Fiscal Year 1996 (Pub. L. 104-106). Section 808 and this interim rule
permit the Department of Defense (DoD) to enter into a defense
capability preservation agreement with a defense contractor. This
agreement would permit the contractor to claim certain indirect costs
attributable to its private sector work as allowable costs on its
defense contracts. Before such an agreement may be entered into, DoD
must make a determination that the agreement would facilitate DoD's
achievement of the policy objectives relating to defense reinvestment,
diversification, and conversion set forth in 10 U.S.C. 2501(b). In
order to make this determination, DoD must obtain supporting
information from the contractor requesting the agreement. The
informational copy to be provided to the cognizant administrative
contracting officer (ACO) will facilitate early involvement of the ACO,
who will be a key player in compiling data for evaluation of the
request.
Affected Public: Businesses or other for profit.
Annual Burden Hours: 4,000.
Number of Respondents: 50.
Average Burden Per Response: 80 Hours.
Frequency: On occasion.
Supplementary Information:
Summary of Information Collection
The collection of information is required each time a defense
contractor requests to enter into a defense capability preservation
agreement with DoD, in accordance with Section 808 of Pub. L. 104-106.
Such an agreement would permit the contractor to claim certain indirect
costs attributable to its private sector work as allowable costs on its
defense contracts. The law does not require contractors to submit the
information. The law does require, however, that before a defense
capability preservation agreement may be entered into, DoD must make a
determination that such an agreement would facilitate DoD's achievement
of the policy objectives relating to defense reinvestment,
diversification, and conversion set forth in 10 U.S.C. 2501(b). In
order to make this determination, DoD must obtain supporting
information from the contractor requesting the agreement. The rule also
recommends that the contractor submit a copy of any request for such an
agreement to the cognizant administrative contracting officer.
[[Page 21975]]
List of Subjects in 48 CFR Part 231
Government procurement.
Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council.
Therefore, 48 CFR Part 231 is amended as follows:
PART 231--CONTRACT COST PRINCIPLES AND PROCEDURES
1. The authority citation for 48 CFR Part 231 continues to read as
follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
2. Section 231.205-71 is added to read as follows:
231.205-71 Defense capability preservation agreements.
(a) Scope and authority. Where it would facilitate the achievement
of the policy objectives relating to defense reinvestment,
diversification, and conversion set forth in 10 U.S.C. 2501(b), DoD may
enter into a ``defense capability preservation agreement'' with a
contractor. As authorized by Section 808 of the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104-106), such an
agreement would permit the contractor to claim certain indirect costs
attributable to its private sector work as allowable costs on its
defense contracts.
(b) Procedure. A contractor may submit a request for such an
agreement, together with appropriate justification, through the
Assistant Secretary of Defense for Economic Security, to the Under
Secretary of Defense for Acquisition and Technology, who has exclusive
approval or disapproval authority. The contractor should also provide
an informational copy of any such request to the cognizant
administrative contracting officer.
[FR Doc. 96-11887 Filed 5-10-96; 8:45 am]
BILLING CODE 5000-04-M
Complete official Federal Register PDF
FR Doc. 96-11864 Retirement; Alternative Forms of Annuity
[Federal Register Volume 61, Number 93 (Monday, May 13, 1996)]
[Rules and Regulations]
[Page 21953]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11864]
-----------------------------------------------------------------------
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Parts 831 and 842
RIN 3206-AG16
Retirement; Alternative Forms of Annuity
AGENCY: Office of Personnel Management.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Office of Personnel Management (OPM) is issuing final
regulations on alternative forms of annuity. The regulations establish
a new standard for determining what constitutes a critical medical
condition and implement the changes made by the Omnibus Budget
Reconciliation Act of 1993. Under this law the alternative form of
annuity was repealed for employees whose annuities commence on or after
October 1, 1994, except for employees who have a life-threatening
affliction or other critical medical condition. The regulations also
revise the list of critical medical conditions that are qualifying.
EFFECTIVE DATE: June 12, 1996.
FOR FURTHER INFORMATION CONTACT:
Harold L. Siegelman, (202) 606-0299.
SUPPLEMENTARY INFORMATION: On October 25, 1995, we published (at 60 FR
54585) interim regulations on alternative forms of annuity to change
the standard for determining what constitutes a critical medical
condition. Our previous regulations used a 1-year-or-less life
expectancy as the standard, but the interim regulations adopted a 2-
year-or-less standard. The interim regulations also make effective the
previously proposed regulations (published on November 4, 1994, at 59
FR 55211) on alternative forms of annuity (AFA) to implement the
changes in sections 8343a and 8420a of title 5, United States Code,
made by the Omnibus Budget Reconciliation Act of 1993, Pub. L. 103-66.
The Act included a provision terminating this benefit for employees
whose annuities commence on or after October 1, 1994, except for
employees who have a life-threatening affliction or other critical
medical condition. The interim regulations also made effective a
revised list of critical medical conditions. This revised list was
included in the 1994 general notice of proposed rulemaking. We received
no comments on the interim regulations. We addressed the one comment
that we received on the 1994 proposed regulations in the supplementary
information section of the interim regulations.
Regulatory Flexibility Act
I certify that this regulation will not have a significant economic
impact on a substantial number of small entities because the regulation
will only affect Federal employees and agencies and retirement payments
to retired Government employees and their survivors.
List of Subjects in 5 CFR Parts 831 and 842
Administrative practice and procedure, Air traffic controllers,
Claims, Disability benefits, Firefighters, Government employees, Income
taxes, Intergovernmental relations, Law enforcement officers, Pensions,
Reporting and recordkeeping requirements, Retirement.
Office of Personnel Management.
James B. King,
Director.
Accordingly, under authority of 5 U.S.C. 8347 and 8467, OPM is
adopting its interim rules amending 5 CFR parts 831 and 842, published
on October 25, 1995, at 60 FR 54585, as final rules without change.
[FR Doc. 96-11864 Filed 5-10-96; 8:45 am]
BILLING CODE 6325-01-M
Complete official Federal Register PDF
FR Doc. 96-11863 Training
[Federal Register Volume 61, Number 93 (Monday, May 13, 1996)]
[Rules and Regulations]
[Pages 21947-21953]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11863]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 61, No. 93 / Monday, May 13, 1996 / Rules and
Regulations
[[Page 21947]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 410
RIN 3206-AF99
Training
AGENCY: Office of Personnel Management.
ACTION: Interim rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: The Office of Personnel Management (OPM) is issuing interim
regulations governing Federal employee training. The regulations
implement provisions of the Federal Workforce Restructuring Act, dated
March 30, 1994 and provisions of the Federal Reports Elimination and
Sunset Act of 1995, dated December 21, 1995; incorporate former
provisionally retained FPM Letters; and reflect OPM's response to
agency requests to restructure 5 CFR part 410. The interim rules
provide agencies additional flexibility by implementing the National
Performance Review recommendations to reduce restrictions on training
and make it a more responsive management tool.
DATES: This interim rule becomes effective on May 13, 1996. Comments
must be received on or before June 12, 1996.
ADDRESSES: Send or deliver written comments to Allan D. Heuerman,
Associate Director, Human Resources Systems Service, Office of
Personnel Management, Room 7412, 1900 E Street, NW., Washington, DC,
20415-0001.
FOR FURTHER INFORMATION CONTACT:
Judith Lombard, 202-606-2431, FAX 202-606-2394.
SUPPLEMENTARY INFORMATION: These interim regulations affect the
training of Government employees. They incorporate (1) Public Law 103-
226 amendments to chapter 41 of title 5, United States Code; (2) Public
Law 104-66 amendments to chapter 41 of title 5, United States Code; (3)
former provisionally retained FMP Letters; and (4) flexibilities
requested by agencies. Decisions on what to include in the regulations
were based on whether the requirement or authority was necessary to
assure uniformity in training Federal employees and/or to protect
employee rights.
Amendments to the Government Employees Training Act
The September 1993 Report of the National Performance Review (NPR)
recommended (1) eliminating the distinction between Government and non-
Government training to make training more market driven and (2)
removing the restrictions on employee training to help develop a multi-
skilled workforce in the Federal Government. These recommendations were
included in Public Law 103-226 (Federal Workforce Restructuring Act of
1994) dated March 31, 1994, which amended 5 U.S.C. chapter 41 in the
following ways.
In 5 U.S.C. 4101, the definition of training expands from training
directly related to the performance of official duties to any training
that improves individual and organizational performance and assists an
agency in achieving its mission and performance goals.
5 U.S.C. 4103(a) requires the head of an agency to relate training
programs and plans to agency mission and performance goals and to
provide employees information about training selection and assignment
and applicable training limitations and restrictions.
5 U.S.C. 4103(b)(1) allows agencies to train employees for
placement in another agency when such training is in the interest of
the Government.
5 U.S.C. 4105 eliminates the distinction between ``Government'' and
``non-Government'' training, thereby allowing managers to take full
advantage of available training sources. Previously agencies had to use
Government training facilities where possible.
5 U.S.C. 4106 is deleted, thereby eliminating both service
requirements for non-Government training and restrictions on time-in-
training. Previously, an employee had to have 1 year of current,
continuous civilian service to be eligible for non-Government training.
Previously, an employee could spend only 1 year in training for every
10 years of Government service.
Section 2181(c) of Public Law 104-66 (Federal Reports Elimination
and Sunset Act of 1995), dated December 21, 1995, repealed section 4113
of title 5, United States Code, eliminating the requirements for
agencies to review the training needs of employees and to report their
training programs and plans to OPM at least once every 3 years.
These interim regulations revise 5 CFR part 410 to reflect the
changes in 5 U.S.C. chapter 41.
Former Provisionally Retained FPM Letters
One of the recommendations of the September 1993 Report of the
National Performance Review was that the Federal Personnel Manual (FPM)
should be ``sunset.'' The Director of OPM abolished the FPM on December
31, 1993. Two FPM Letters on training were provisionally retained
through December 31, 1994.
1. Training of Civilian Officials Appointed by the President
Provisionally retained FPM Letter 410-34, Training of Civilian
Officials Appointed by the President, delegated to the heads of
agencies the authority to designate Presidential appointees, other than
themselves, for training. The interim regulation puts this delegation
of authority into Sec. 410.302(b).
2. Conferences as Training Activities
Provisionally retained FPM Letter 410-35, Conferences as Training
Activities, implemented the February 10, 1993, Presidential memorandum
and OMB Bulletin 93-11 on ``Government Fiscal Responsibility and
Reducing Perquisites,'' and the Federal Travel Regulations on
``Conference Planning'' (41 CFR part 301-16). They require that
agencies exercise strict fiscal responsibility when selecting
conference sites to minimize costs and to keep employee attendance to a
minimum consistent with serving the public's interest. The interim
regulations put language into 5 CFR 410 to assist agencies in
determining if a conference is a training activity (Sec. 410.404). This
will reduce Government costs by limiting Federal employee attendance to
appropriate training conferences where participation fosters the
achievement of agency
[[Page 21948]]
missions while enhancing employees' professional growth.
Summary of Major Proposed Changes to Training Regulations
OPM also is revising its training regulations in other ways to
provide additional flexibilities, eliminate burdensome requirements,
and clarify ambiguous language. The following list summarizes the
substantive changes, including those discussed above.
Added Flexibilities and Reduced Requirements
1. The head of an agency has increased flexibility and authority in
planning, implementing and evaluating training to meet mission-related
needs. (Sec. 410.101(4), Sec. 410.201)
2. Each agency determines what constitutes its mission-related
training needs. (Sec. 410.101(4))
3. Each agency has increased flexibility for training employees for
placement in other agencies. (Sec. 410.308)
4. Each agency determines when continued service agreements will be
required. (Sec. 410.310)
5. Constraints on the use of non-Government training are
eliminated.
6. Limitations on training employees through non-Government
facilities are eliminated.
7. Limitations on subsistence payments for extended training
assignments are eliminated. (Sec. 410.403)
8. Annual reporting requirements are eliminated and other reporting
requirements are significantly reduced. (Sec. 410.701)
New Provisions
1. Authority to approve training of Presidential appointees is
delegated to heads of agencies. (Sec. 410.302(b))
2. Integrating employee training and development with agency
mission and performance goals is added and clarified. (Sec. 410.202)
3. Training related career transition assistance for displaced and
surplus employees is added and clarified. (Sec. 410.308(d))
4. Criteria for determining if a conference is a training activity
is added. (Sec. 410.404)
Waiver of Notice of Proposed Rulemaking
Pursuant to 5 U.S.C. 553(b)(3)(b), I find that good cause exists
for waiving the general notice of proposed rulemaking. The notice is
being waived and the regulation is being made effective in less than 30
days. Inconsistencies between the law and the currently published
regulations have caused confusion and led Federal managers, employees,
and training officials to operate under outdated, and unnecessary,
regulations. We find that delay in issuing updated regulations would be
contrary to public interest and to National Performance Review
recommendations.
Regulatory Flexibility Act
I certify that these regulations will not have significant economic
impact on a substantial number of small entities because they affect
only Federal employees and agencies.
List of Subjects in 5 CFR Part 410
Education, Government employees.
U.S. Office of Personnel Management.
James B. King,
Director.
Accordingly, the Office of Personnel Management is revising 5 CFR
part 410 as follows:
PART 410--TRAINING
Subpart A--General Provisions
Sec.
410.101 Definitions.
Subpart B--Planning for Training
Sec.
410.201 Responsibilities of the head of an agency.
410.202 Integrating employee training and development with agency
strategic plans.
410.203 Assessing organizational, occupation, and individual needs.
410.204 Options for developing employees.
Subpart C--Establishing and Implementing Training Programs
Sec.
410.301 Scope and general conduct of training programs.
410.302 Responsibilities of the head of an agency.
410.303 Employee responsibilities.
410.304 Funding training programs.
410.305 Establihsing and using interagency training.
410.306 Selecting and assigning employees to training.
410.307 Training for promotion.
410.308 Training for placement in other agency positions, in other
agencies, or outside Government.
410.309 Training to obtain an academic degree.
410.310 Agreements to continue in service.
410.311 Computing time in training.
410.312 Records.
Subpart D--Paying for Training Expenses
Sec.
410.401 Determining necessary training expenses.
410.402 Paying premium pay.
410.403 Subsistence payments for extended training assignments.
410.404 Determining if a conference is a training activity.
410.405 Protection of Government interest.
410.406 Records of training expenses.
Subpart E--Accepting Contributions, Awards, and Payments From Non-
Government Organizations
Sec.
410.501 Scope.
410.502 Authority of the head of an agency.
410.503 Records.
Subpart F--Evaluating Training
Sec.
410.601 Responsibility of the head of an agency.
410.602 Records.
Subpart G--Reports
Sec.
410.701 Reports.
Authority: 5 U.S.C. 4101, et seq.; E.O. 11348, 3 CFR, 1967
Comp., p. 275.
Subpart A--General Provisions
Sec. 410.101 Definitions.
In this part:
(a) Agency, employee, Government facility, and non-Government
facility have the meanings given these terms in section 4101 of title
5, United States Code.
(b) Exceptions to organizations and employees covered by this
subpart include:
(1) Those named in section 4102 of title 5, United States Code, and
(2) The U.S. Postal Service and Postal Rate Commission and their
employees, as provided in Public Law 91-375, enacted August 12, 1970.
(c) Training has the meaning given to the term in section 4101 of
title 5, United States Code, and includes planned activities which
support and improve individual and organizational performance and
effectiveness, such as on-the-job training, career development
programs, professional development activities, or developmental
assignments.
(d) Mission-related training is training that supports agency
goals by improving organizational performance at any appropriate level
in the agency, as determined by the head of the agency. This includes
training that:
(1) Supports the agency's strategic plan and performance
objectives;
(2) Improves an employee's current job performance;
(3) Allows for expansion or enhancement of an employee's current
job;
(4) Enables an employee to perform needed or potentially needed
duties outside the current job at the same level of responsibility; or
(5) Meets organizational needs in response to human resource plans
and re-engineering, downsizing, restructuring, and program changes.
[[Page 21949]]
(e) Retraining means training and development provided to address
an individual's skills obsolescence in the current position and/or
training and development to prepare an individual for a different
occupation, in the same agency, in another Government agency, or in the
private sector.
(f) Continued service agreement has the meaning given to service
agreements in section 4108 of title 5, United States Code.
(g) Interagency training means training provided by one agency for
other agencies or shared by two or more agencies.
(h) State and local government have the meanings given to these
terms by section 4762 of title 42, United States Code.
Subpart B--Planning for Training
Sec. 410.201 Responsibilities of the head of an agency.
As stated in section 4103 of title 5, United States Code, and in
Executive Order 11348, the head of each agency shall:
(a) Establish, budget for, operate, maintain, and evaluate a
program or programs, and a plan or plans thereunder, for training
agency employees by, in, and through Government and non-Government
facilities;
(b) Determine policies governing employee training, including a
statement of broad purposes for agency training, the assignment of
responsibility for seeing that these purposes are achieved, and the
delegation of training approval authority to the lowest possible level;
and
(c) Establish priorities for training employees and provide for
funds and staff according to these priorities.
Sec. 410.202 Integrating employee training and development with agency
strategic plans.
(a) Agencies shall include training and development in agency
strategic planning to ensure that:
(1) Agency training strategies and activities contribute to mission
accomplishment; and
(2) Organizational performance goals are met.
(b) Agency human resource development programs and plans should:
(1) Improve employee and organizational performance; and
(2) Build and support an agency workforce capable of achieving
agency mission and performance goals.
Sec. 410.203 Assessing organizational, occupational, and individual
needs.
(a) Assessment. Executive Order 11348 specifies the responsibility
of heads of agencies to assess agency training needs.
(b) Method. The method an agency uses to conduct training needs
assessment shall meet the requirements of chapter 41 of title 5, United
States Code, Executive Order 11348, and this subpart.
Sec. 410.204 Options for developing employees.
Agencies may use a full range of options to meet their
organizational and employee development needs, including classroom
training, on-the-job training, technology-based training, satellite
training, employees' self-development activities, coaching, mentoring,
career development counseling, details, rotational assignments, cross
training, and developmental activities at retreats and conferences.
Subpart C--Establishing and Implementing Training Programs
Sec. 410.301 Scope and general conduct of training programs.
(a) Authority. The requirements for establishing training programs
and plans are found in section 4103(a) of title 5, United States Code,
and Executive Order 11348.
(b) Alignment with other human resource functions. Training
programs established by agencies under chapter 41 of title 5, United
States Code, should be integrated with other personnel management and
operating activities, to the maximum possible extent.
Sec. 410.302 Responsibilities of the head of an agency.
(a) Specific responsibilities. (1) The head of each agency shall
prescribe procedures to ensure that the selection of employees for
training is made without regard to political preference, race, color,
religion, national origin, sex, marital status, age, or handicapping
condition, and with proper regard for their privacy and constitutional
rights as provided by merit system principles set forth in 5 U.S.C.
2301(b)(2).
(2) The head of each agency shall prescribe procedures to ensure
that the training facility and curriculum are accessible to employees
with disabilities.
(3) The head of each agency shall not allow training in a facility
that discriminates in the admission or treatment of students.
(b)(1) Training of Presidential appointees. The Office of Personnel
Management delegates to the head of each agency authority to authorize
training for officials appointed by the President. In exercising this
authority, the head of an agency must ensure that the training is in
compliance with chapter 41 of title 5, United States Code, and with
this part. This authority may not be delegated to a subordinate.
(2) Records. When exercising this delegation of authority, the head
of an agency must maintain records that include:
(i) The name and position title of the official;
(ii) A description of the training, its location, vendor, cost, and
duration; and
(iii) A statement justifying the training and describing how the
official will apply it during his or her term of office.
(3) Review of delegation. Exercise of this authority is subject to
U.S. Office of Personnel Management review.
(c) Training for the head of an agency. Since self-review
constitutes a conflict of interest, heads of agencies must submit their
own requests for training to the U.S. Office of Personnel Management
for approval.
Sec. 410.303 Employee responsibilities.
Employees are responsible for self-development, for successfully
completing and applying authorized training, and for fulfilling
continued service agreements. In addition, they share with their
agencies the responsibility to identify training needed to improve
individual and organizational performance and identify methods to meet
those needs, effectively and efficiently.
Sec. 410.304 Funding training programs.
Section 4112 of title 5, United States Code, provides for agencies
paying the costs of their training programs and plans from applicable
appropriations or funds available. Training costs associated with
program accomplishment may be funded by appropriations applicable to
that program area. In addition, section 4109(a)(2) of title 5, United
States Code, provides authority for agencies and employees to share the
expenses of training.
Sec. 410.305 Establishing and using interagency training.
An agency may extend training programs developed for its employees
to employees of other agencies (and to employees of Federal
organizations excepted by section 4102 of title 5, United States Code)
when this would result in better training, improved service, or savings
to the Government.
[[Page 21950]]
Sec. 410.306 Selecting and assigning employees to training.
(a) Each agency shall establish criteria for the fair and equitable
selection and assignment of employees to training consistent with merit
system principles specified in 5 U.S.C. 2301(b) (1) and (2).
(b) Persons on Intergovernmental Personnel Act mobility assignments
may be assigned to training if that training is in the interest of the
Government.
(c) Under the provisions of Sec. 410.309(a) of this part, an agency
may pay all or part of the training expenses of students hired under
the Student Career Experience Program (see 5 CFR 213.3202(d)(10)).
Sec. 410.307 Training for promotion.
Under the authority of 5 U.S.C. 4103, and consistent with merit
system principles set forth in 5 U.S.C. 2301(b) (1) and (2), an agency
may provide training to career or career-conditional employees that in
certain instances may lead to promotion. An agency must follow its
competitive procedures under part 335 of this chapter when selecting a
career or career-conditional employee for training that permits
noncompetitive promotion after successful completion of the training.
Sec. 410.308 Training for placement in other agency positions, in
other agencies, or outside Government.
(a) Under the authority of 5 U.S.C. 4103 and 5 U.S.C. 5364, an
agency may train an employee to meet the qualification requirements of
another position in the agency if the new position is at or below the
grade the employee held before grade or pay retention.
(b) Under the authority of 5 U.S.C. 4103(b), and consistent with
merit system principles set forth in 5 U.S.C. 2301, an agency may train
an employee to meet the qualification requirements of a position in
another agency if the head of the agency determines that such training
would be in the interests of the Government.
(1) Before undertaking any training under this section, the head of
the agency shall obtain verification that there exists a reasonable
expectation of placement in another agency.
(2) When selecting an employee for training under this section, the
head of the agency shall consider:
(i) The extent to which the employee's current skills, knowledge,
and abilities may be utilized in the new position;
(ii) The employee's capability to learn skills and acquire
knowledge and abilities needed in the new position; and
(iii) The benefits to the Government which would result from
retaining the employee in the Federal service.
(c) Displaced or surplus employees as defined in 5 CFR 330.604 (b)
and (f) may be eligible for training or retraining for positions
outside Government through programs provided under 29 U.S.C. 1651, or
similar authorities. An agency may use its appropriated funds for
training displaced or surplus employees for positions outside
Government only when specifically authorized by legislation to do so.
(d) Under 5 CFR 330.602, agencies are required to establish career
transition assistance plans (CTAP) to provide career transition
services to displaced and surplus employees.
(1) Under the authority of 5 U.S.C. 4109, an agency may:
(i) Train employees in the use of the CTAP services;
(ii) Provide vocational and career assessment and counseling
services;
(iii) Train employees in job search skills, techniques, and
strategies; and
(iv) Pay for training related expenses as provided in 5 U.S.C.
4109(a)(2).
(2) Agency CTAP's will include plans for retraining displaced or
surplus employees covered by this part.
Sec. 410.309 Training to obtain an academic degree.
(a) Prohibition. (1) Under 5 U.S.C. 4107(a), an agency may not
authorize training for an employee to obtain an academic degree, except
for shortage occupations as defined in Sec. 410.309(b).
(2) An agency may assign employees to academic training on a
course-by-course basis. If, in the accomplishment of this training, an
employee receives an academic degree, the degree is an incidental by-
product of the training.
(b) Degree training to relieve recruitment and retention problems.
(1) An agency may authorize academic degree training if the training:
(i) Is necessary to assist in recruiting or retaining employees in
occupations in which the agency has or anticipates a shortage of
qualified personnel, especially in occupations which it has determined
involve skills critical to its mission, and
(ii) Meets the conditions of this section.
(2) In reviewing the need to provide training under this section,
an agency shall give appropriate consideration to any special salary
rate, student loan repayment, retention allowance, or other monetary
inducement authorized by law already provided or being provided which
contributes to the alleviation of the staffing problem in the
occupation targeted by that training.
(3) In exercising the authority in this section, an agency shall,
consistent with the merit system principles set forth in 5 U.S.C.
2301(b) (1) and (2), take into consideration the need to maintain a
balanced workforce in which women and members of racial and ethnic
minority groups are appropriately represented in the agency.
(4) The authority in this section shall not be exercised on behalf
of any employee occupying, or seeking to qualify for appointment to,
any position which is excepted from the competitive service because of
its confidential, policy-determining, policy-making, or policy-
advocating character.
(5) An agency's policies established under Sec. 410.201 of this
part shall cover decisions to authorize training under this section, to
ensure that:
(i) The determination to pay for degree training is made at a
sufficiently high level so as to protect the Government's interest; and
(ii) The authority is used to address the agency's recruitment and
retention problems expeditiously through appropriate delegations of
authority.
(c) Determining recruitment and retention problems. For the
purposes of this section, a recruitment or retention problem exists if
the criteria for a recruitment bonus under 5 CFR Sec. 575.104(c)(2) or
for a retention allowance under 5 CFR Sec. 575.305(c)(3) applies.
(1) Recruitment problem. Before determining that an agency has or
anticipates a problem in the recruitment of qualified personnel for a
particular position, an agency shall make a reasonable recruitment
effort, including factors in 5 CFR Sec. 575.104(c)(2). In making a
reasonable recruitment effort, an agency will consider the following:
(i) For a position in the competitive service, the results of
requests for referral of eligibles from the appropriate competitive
examination. For a position in the excepted service, the agency's
objectives and staffing procedures.
(ii) Contacts with State Employment Service office(s) serving the
locality concerned.
(iii) Contacts with academic institutions, technical and
professional organizations, and other organizations likely to produce
qualified candidates for the position, including women's and minority-
group organizations.
(iv) The possibility of relieving the shortage through broader
publicity and recruitment.
(v) The availability of qualified candidates within the agency's
current work force.
[[Page 21951]]
(vi) The possibility of relieving the shortage through job
engineering or training of current employees.
(2) Retention problem. Before determining that an agency has or
anticipates a problem in the retention of qualified personnel in a
particular occupation, an agency shall consider the factors in 5 CFR
Sec. 575.305(c)(3) and:
(i) The ease with which an agency could replace the employee with
someone of comparable background;
(ii) The current and projected vacancy rates in the occupation;
(iii) The rate of turnover in the occupation; and
(iv) Technological changes affecting the occupation and long-range
predictions affecting staffing for the occupation.
(d) Assessing continuing problems. A reassessment of a
``continuing'' recruitment or retention problem shall be made
periodically.
(e) Authorizing training. (1) An agency may authorize full or part-
time training to address a recruitment problem if--
(i) The training qualifies an employee for a shortage position
identified under paragraph (c)(1) of this section; and
(ii) The agency expects to place the employee in the shortage
position after the training.
(2) Training may be authorized under this section for the purpose
of retaining an employee in a shortage occupation identified under
paragraph(c)(2) of this section, if it involves a course of study
selected mainly or its potential contribution to effective performance
in that occupation.
(3) Agencies shall select employees for academic degree training
according to competitive procedures as specified in Sec. 410.307.
(f) Monitoring training. An Agency shall assess the contribution of
training assignments under this section to resolving recruitment or
retention problems in its shortage occupations.
(g) Documentation. (1) In exercising the authority in this section,
an agency shall retain for a reasonable period:
(i) A record of employees assigned to training under this section
and
(ii) A record of findings that the recruitment or retention problem
is a continuing one.
(2) As a separate record, the servicing personnel office shall keep
the following information for each employee assigned to training under
this section:
(i) Nature and justification for the shortage determination;
(ii) Kind of training (e.g., career experience program, continuing
professional and technical education, retraining for occupational
change); a description of the field of study; and the nature of any
degree pursued under the training program; and
(iii) A written continued service agreement, if required.
Sec. 410.310 Agreements to continue in service.
(a) Authority. Continued service agreements are provided for in
section 4108 of title 5, United States Code. Agencies have the
authority to determine when such agreements will be required.
(b) Requirements. (1) The Head of the agency shall establish
written procedures which cover the minimum requirements for continued
service agreements. These requirements shall include procedures the
agency considers necessary to protect the Government's interest should
the employee fail to successfully complete training.
(2) An employee selected for training subject to an agency
continued service agreement must sign an agreement to continue in
service after training prior to starting the training. The period of
service will equal three times the length of the training.
(c) Failure to fulfill agreements. With a signed agreement, the
agency has a right to recover training costs, except for pay or other
compensation, if the employee voluntarily separates from Government
service. The agency shall provide procedures to enable the employee to
obtain a reconsideration of the recovery amount or to appeal for a
waiver of the agency's right to recover.
Sec. 410.311 Computing time in training.
For the purpose of chapter 41 of title 5, United States Code, and
this subpart:
(a) An employee on an 8-hour day work schedule assigned to training
is counted as being in training for the same number of hours he or she
is in pay status during the training assignment. If the employee is not
in pay status during the training, the employee is counted as being in
training for the number of hours he or she is granted leave without pay
for the purpose of the training.
(b) For any employee on an alternative work schedule, the agency is
responsible for determining the number of hours the employees is in pay
status during the training assignment. If the employee is not in pay
status during the training, the employee is counted as being in
training for the number of hours he or she is granted leave without pay
for the purpose of the training.
(c) An employee on a 8-hour or an alternative work schedule
assigned to training on less than a full-time basis is counted as being
in training for the number of hours he or she spends in class, in
formal computer-based training, in satellite training, in formal self-
study programs, or with the training instructor, unless a different
method is determined by the agency.
Sec. 410.312 Records.
Agencies shall keep a record of training events authorized for each
employee under this subpart.
Subpart D--Paying for Training Expenses
Sec. 410.401 Determining necessary training expenses.
(a) The head of an agency determines which expenses constitute
necessary training expenses under section 4109 of title 5, United
States Code.
(b) An agency may pay, or reimburse an employee, for necessary
expenses incurred in connection with approved training as provided in
section 4109(a)(2) of title 5, United States Code. Necessary training
expenses do not include an employee's pay or other compensation.
Sec. 410.402 Paying premium pay.
(a) Prohibitions. Except as provided by paragraph (b) of this
section, an agency may not use its funds, appropriated or otherwise
available, to pay premium pay to an employee engaged in training by, in
or through Government or non-government facilities.
(b) Exceptions. The following are excepted from the provision in
paragraph (a) of this section prohibiting the payment of premium pay:
(1) Continuation of premium pay. An employee given training during
a period of duty for which he or she is already receiving premium pay
for overtime, night, holiday, or Sunday work shall continue to receive
that premium pay. This exception does not apply to an employee assigned
to full-time training at institutions of higher learning.
(2) Training at night. An employee given training at night because
situations that he or she must learn to handle occur only at night
shall be paid night pay.
(3) Cost savings. An employee given training on overtime, on a
holiday, or on a Sunday because the costs of the training, premium pay
included, are less than the costs of the same training confined to
regular work hours shall be paid the applicable premium pay.
(4) Availability pay. An agency shall continue to pay availability
pay during agency-sanctioned training to a criminal investigator who is
eligible for it under
[[Page 21952]]
5 U.S.C. 5545(a) and implementing regulations. Agencies may, at their
discretion, provide availability pay to investigators during periods of
initial, basic training. (See 5 CFR Sec. 550.185 (b) and (c).)
(5) Standby and administratively uncontrollable duty. An agency may
continue to pay annual premium pay for regularly scheduled standby duty
or administratively uncontrollable overtime work, during periods of
temporary assignment for training as provided by 5 CFR Sec. 550.162(c).
(6) Agency exemption. An employee given training during a period
not otherwise covered by a provision of this paragraph may be paid
premium pay when the employing agency has been granted an exception to
paragraph (a) of this section by the U.S. Office of Personnel
Management.
(c) An employee who is excepted under paragraph (b) of this section
is eligible to receive premium pay in accordance with the applicable
pay authorities.
(d) Overtime pay under the Fair Labor Standards Act (FLSA). (1)
Time spent in training or preparing for training outside regular
working hours shall be considered hours of work for the purpose of
computing FLSA overtime if an agency requires the training to bring
performance up to a fully successful, or equivalent, level or to
provide knowledge or skills to perform new duties and responsibilities
in the employee's current position. (Also see 5 CFR Sec. 551.423.)
(2) The requirement of paragraph (d)(1) of this section does not
pertain to training or preparing for training to:
(i) Improve a nonexempt employee's performance in his or her
current position above a fully successful, or equivalent, level,
provided such training is undertaken with the knowledge that the
employee's performance or continued retention in his or her current
position will not be adversely affected by nonenrollment in the
training program; or
(ii) Provide a nonexempt employee with additional knowledge or
skills for reassignment to another position or advancement to a higher
grade. This includes any developmental training, even if such training
is directed by the agency.
Sec. 410.403 Subsistence payments for extended training assignments.
An agency has the authority to pay all or part (if agreed to by the
employee) of actual subsistence expenses of an employee assigned to
training at a temporary duty station lasting more than 30 calendar
days. The agreed rate of payment shall be applicable from the 1st day
of the assignment. An agency may adjust an agreed rate of payment when
circumstances so justify, provided the employee agrees to any decrease.
If the fees paid to the training institution include lodging or meal
costs, an appropriate reduction shall be made from any standardized
subsistence payments.
Sec. 410.404 Determining if a conference is a training activity.
Agencies may sponsor an employee's attendance at a conference as a
developmental assignment under section 4110 of title 5, United States
Code, when--
(a) The content of the conference is germane to improving
individual and/or organizational performance, and
(b) Developmental benefits will be derived through the employee's
attendance.
Sec. 410.405 Protection of Government interest.
The head of an agency shall establish such procedures as he or she
considers necessary to protect the Government's interest when employees
fail to complete, or to successfully complete, training for which the
agency pays the expenses.
Sec. 410.406 Records of training expenses.
An agency shall maintain records of payments made for travel,
tuition and fees, and other necessary training expenses.
Subpart E--Accepting Contributions, Awards, and Payments From Non-
Government Organizations
Sec. 410.501 Scope.
(a) Section 4111 of title 5, United States Code, describes
conditions for employee acceptance of contributions, awards, and
payments made in connection with non-Government sponsored training or
meetings which an employee attends while on duty or when the agency
pays the training or meeting attendance expenses, in whole or in part.
(b) This subpart does not limit the authority of an agency head to
establish procedures on the acceptance of contributions, awards, and
payments in connection with any training and meetings that are outside
the scope of this subpart in accordance with laws and regulations
governing Government ethics and governing acceptance of travel
reimbursements from non-Federal sources.
Sec. 410.502 Authority of the head of an agency.
(a) In writing, the head of an agency may authorize an agency
employee to accept a contribution or award (in cash or in kind)
incident to training or to accept payment (in cash or in kind) of
travel, subsistence, and other expenses incident to attendance at
meetings if
(1) The conditions specified in section 4111 of title 5, United
States Code, are met; and
(2) In the judgment of the agency head, the following two
conditions are met:
(i) The contribution, award, or payment is not a reward for
services to the organization prior to the training or meeting; and
(ii) Acceptance of the contribution, award, or payment:
(A) Would not reflect unfavorably on the employee's ability to
carry out official duties in a fair and objective manner;
(B) Would not compromise the honesty and integrity of Government
programs or of Government employees and their official actions or
decisions;
(C) Would be compatible with the Ethics in Government Act of 1978,
as amended; and
(D) Would otherwise be proper and ethical for the employee
concerned given the circumstances of the particular case.
(b) Delegation of authority. An agency head may delegate authority
to authorize the acceptance of contributions, awards, and payments
under this section. The designated official must ensure that--
(1) The policies of the agency head are reflected in each decision;
and
(2) The circumstances of each case are fully evaluated under
conditions set forth in Sec. 410.502(a).
(c) Acceptance of contributions, awards, and payments. An employee
may accept a contribution, award, or payment (whether made in cash or
in kind) that falls within the scope of this section only when he or
she has specific written authorization.
(d) When more than one non-Government organization participates in
making a single contribution, award, or payment, the ``organization''
referred to in this subsection is the one that:
(1) selects the recipient; and
(2) administers the funds from which the contribution, award, or
payment is made.
Sec. 410.503 Records.
An agency shall maintain, in such form and manner as the agency
head considers appropriate, the following records in connection with
each
[[Page 21953]]
contribution, award, or payment made and accepted under authority of
this section: The recipient's name; the organization's name; the amount
and nature of the contribution, award, or payment and the purpose for
which it is to be used; and a copy of the written authorization
required by Sec. 410.502(a).
Subpart F--Evaluating Training
Sec. 410.601 Responsibility of the head of an agency.
Under provisions of chapter 41 of title 5, United States Code, and
Executive Order 11348, the agency head shall evaluate training to
determine how well it meets short and long-range program needs by
occupations, organizations, or other appropriate groups. The agency
head may conduct the evaluation in the manner and frequency he or she
considers appropriate.
Sec. 410.602 Records.
An agency head shall keep records of these evaluations as he or she
considers appropriate.
Subpart G--Reports
Sec. 410.701 Reports.
Each agency shall maintain records of its training plans,
expenditures and activities and report its plans, expenditures and
activities to the Office of Personnel Management and at such times and
in such form as the Office prescribes.
[FR Doc. 96-11863 Filed 5-10-96; 8:45 am]
BILLING CODE 6325-01-M
Complete official Federal Register PDF
FR Doc. 96-11851 Atlantic Shark Fisheries; Large Coastal Shark Species
[Federal Register Volume 61, Number 93 (Monday, May 13, 1996)]
[Rules and Regulations]
[Page 21978]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11851]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 678
[I.D. 042696D]
Atlantic Shark Fisheries; Large Coastal Shark Species
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Closure.
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SUMMARY: NMFS is closing the commercial fishery for large coastal
sharks conducted by vessels with a Federal Atlantic shark permit in the
Western North Atlantic Ocean, including the Gulf of Mexico and
Caribbean Sea. This action is necessary to prevent exceeding the
semiannual quota of 1285 metric tons (mt) for the period January 1
through June 30, 1996.
EFFECTIVE DATE: The closure is effective from 11:30 p.m. local time May
17, 1996, through June 30, 1996.
FOR FURTHER INFORMATION CONTACT: C. Michael Bailey, 301-713-2347; Kevin
B. Foster, 508-281-9260; or John M. Ward 813-570-5335.
SUPPLEMENTARY INFORMATION: The Atlantic shark fishery is managed by
NMFS according to the Fishery Management Plan (FMP) for Atlantic Sharks
prepared by NMFS under authority of the Magnuson Fishery Conservation
and Management Act (16 U.S.C. 1801 et seq.). Fishing by U.S. vessels is
governed by regulations implementing the FMP at 50 CFR part 678.
Section 678.24(b) of the regulations provides for two semiannual
quotas of large coastal sharks to be harvested from Atlantic,
Caribbean, and Gulf of Mexico waters by commercial fishermen. The first
semiannual quota of 1,285 mt is available for harvest from January 1
through June 30, 1996.
The Assistant Administrator for Fisheries, NOAA (AA), is required
under Sec. 678.25 to monitor the catch and landing statistics and, on
the basis of these statistics, to determine when the catch of Atlantic,
Caribbean, and Gulf of Mexico sharks will equal any quota under
Sec. 678.24(b). When shark harvests reach, or are projected to reach, a
quota established under Sec. 678.24(b), the AA is further required
under Sec. 678.25 to close the fishery.
The AA has determined, based on the reported catch and other
relevant factors, that the semiannual quota for the period January 1
through June 30, 1996, for large coastal sharks, in or from the Western
North Atlantic Ocean, including the Gulf of Mexico and Caribbean Sea,
will be attained by May 17, 1996. During this closure, for vessels
issued a permit under Sec. 678.4, retention of large coastal sharks
from the management unit is prohibited, unless the vessel is operating
as a charter vessel or headboat, in which case, the vessel limit per
trip is four large coastal sharks. Also, the sale, purchase, trade, or
barter or attempted sale, purchase, trade, or barter of carcasses and/
or fins of large coastal sharks harvested by a person aboard a vessel
that has been issued a permit under Sec. 678.4, is prohibited, except
for those that were harvested, offloaded, and sold, traded, or bartered
prior to May 17, 1996, and were held in storage by a dealer or
processor.
Vessels that have been issued a Federal permit under Sec. 678.4 are
reminded that, as a condition of permit issuance, the vessel may not
retain a large coastal shark during the closure, except as provided by
Sec. 678.24(a). Fishing for pelagic and small coastal sharks may
continue. The recreational fishery is not affected by this closure.
Classification
This action is taken under 50 CFR part 678 and is exempt from
review under E.O. 12866.
Authority: 16 U.S.C. et seq.
Dated: May 6, 1996
Richard W. Surdi,
Acting Director, Office of Fisheries Conservation and Management,
National Marine Fisheries Service.
[FR Doc. 96-11851 Filed 5-8-96; 2:28 pm]
BILLING CODE 3510-22-F
Complete official Federal Register PDF
FR Doc. 96-11815 Radio Broadcasting Services; Hawesville, KY and Tell City, IN
[Federal Register Volume 61, Number 93 (Monday, May 13, 1996)]
[Rules and Regulations]
[Page 21973]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11815]
=======================================================================
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 73
[MM Docket No. 94-156; RM-8564]
Radio Broadcasting Services; Hawesville, KY and Tell City, IN
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: The Commission, at the request of WLME, Inc, substitutes
Channel 246A for Channel 289A at Hawesville, Kentucky, and modifies
Station WKCM-FM's license accordingly. To accommodate the allotment, we
also substitute Channel 289A for vacant Channel 245A at Tell City,
Indiana. See 60 FR 90, January 3, 1995. Channel 246A can be substituted
for Channel 289A at Hawesville in compliance with the Commission's
minimum distance separation requirements with a site restriction of 3.7
kilometers (2.3 miles) northeast at petitioner's presently licensed
site. The reference coordinates for Channel 246A at Hawesville are
North Latitude 37-55-33 and West Longitude 86-43-19. See Supplementary
Information, infra.
EFFECTIVE DATE: June 17, 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. 94-156, adopted April 24, 1996, and
released May 3, 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.
Additionally, Channel 289A can be substituted for vacant Channel
245A at Tell City, Indiana, in compliance with the Commission's minimum
distance separation requirements with a site restriction of 12.6
kilometers (7.8 miles) south in order to avoid short-spacings to the
licensed sites of Station WASE(FM), Channel 288A, Fort Knox, Kentucky,
and Station WUZR(FM), Channel 289A, Bicknell, Indiana. The modified
reference coordinates for Channel 289A at Tell City are North Latitude
37-50-49 and West Longitude 86-43-27. 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 Kentucky, is
amended by removing Channel 289A and adding Channel 246A at Hawesville.
3. Section 73.202(b), the Table of FM Allotments under Indiana, is
amended by removing Channel 245A and adding Channel 289A at Tell City.
Federal Communications Commission.
Andrew J. Rhodes,
Acting Chief, Allocations Branch, Policy and Rules Division, Mass Media
Bureau.
[FR Doc. 96-11815 Filed 5-10-96; 8:45 am]
BILLING CODE 6712-01-F
Complete official Federal Register PDF
FR Doc. 96-11781 Revision of Section 482 Cost Sharing Regulations
[Federal Register Volume 61, Number 93 (Monday, May 13, 1996)]
[Rules and Regulations]
[Pages 21955-21957]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11781]
=======================================================================
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DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
[TD 8670]
RIN 1545-AU20
Revision of Section 482 Cost Sharing Regulations
AGENCY: Internal Revenue Service (IRS), Treasury.
ACTION: Final regulations.
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SUMMARY: This document contains final regulations relating to qualified
cost sharing arrangements under section 482 of the Internal Revenue
Code. These regulations reflect technical changes to the requirements
for qualification as a controlled participant under the final cost
sharing regulations published in the Federal Register on December 20,
1995.
DATES: These regulations are effective May 13, 1996.
These regulations are applicable for taxable years beginning on or
after January 1, 1996.
FOR FURTHER INFORMATION CONTACT: Lisa Sams of the Office of Associate
Chief Counsel (International), IRS (202) 622-3840 (not a toll-free
number).
SUPPLEMENTARY INFORMATION:
Background
Section 482 was amended by the Tax Reform Act of 1986, Public Law
99-514, 100 Stat. 2085, 2561, et. seq. (1986-3 C.B. (Vol. 1) 1, 478).
On January 30, 1992, a notice of proposed rulemaking concerning the
section 482 amendment in the context of cost sharing was published in
the Federal Register (INTL-0372-88, 57 FR 3571).
Written comments were received with respect to the notice of
proposed rulemaking, and a public hearing was held on August 31, 1992.
On December 20, 1995, final regulations were published in the
Federal Register (INTL-0372-88, 60 FR 65553) as Treasury Decision 8632.
These final regulations amend the regulations contained in Treasury
Decision 8632 by making technical changes to the requirements for
qualification as a controlled participant contained in Sec. 1.482-7(c).
The agency has decided not to issue a second notice of proposed
rulemaking with respect to the modifications to TD 8632 contained in
these final regulations. The rules to which the modifications relate
(concerning qualification as a controlled participant) were the subject
of the notice of proposed rulemaking published on January 30, 1992, and
comments on those rules were received in connection with those proposed
regulations. Therefore, a further comment period on these rules is
unnecessary. Taxpayers need prompt guidance on how to conform their
arrangements to the rules set forth in TD 8632, which is effective for
taxable years beginning on or after January 1, 1996, and which provides
a one year transition period for amending arrangements. The
modifications contained in these final regulations will aid taxpayers
in that regard, and any delay caused by a second notice of proposed
rulemaking would be impracticable and contrary to the public interest.
Unsolicited comment letters were received in connection with TD 8632
and are available for public inspection in the FOIA reading room.
Explanation of Provisions
The purpose of these regulations is to rectify problems in
qualifying as a controlled participant caused by the technical
requirements of the active conduct rule of Sec. 1.482-7(c). This rule
provided that a controlled taxpayer may be a controlled participant
only if it uses or reasonably expects to use covered intangibles in the
active conduct of a trade or business.
Under the 1992 proposed cost sharing regulations, a member of a
group of controlled taxpayers could participate in a qualified cost
sharing arrangement on behalf of, and could satisfy the active conduct
rule based on activities performed by, one or more other members of the
group (a cost sharing subgroup). The participating subgroup member
would then transfer or license the intangibles developed under the
arrangement to the nonparticipating subgroup member(s). The proposed
regulations would have measured benefits in such case on the basis of
the benefits of the entire subgroup from exploiting the intangibles. TD
8632, in streamlining the participation rules, omitted the subgroup
rules. Taxpayers commented that the change would force them to amend
existing arrangements to include as a participant every operating
company that predictably would be using covered intangibles.
These regulations further streamline the participation rules. The
principal reason for the active conduct rule was to ensure that a
controlled participant stands to benefit from the use of covered
intangibles in a manner that can be reliably measured. The Treasury and
Service have concluded that this purpose can be accomplished without
the active conduct rule. No distinction need be made based on the
nature of a participant's use of covered intangibles, so long as its
benefits from such use (whether from directly exploiting the
intangibles or from transferring or licensing them to others) can be
reliably measured.
Accordingly, these regulations eliminate the active conduct rule of
Sec. 1.482-7(c) as a requirement for qualification as a controlled
participant in a qualified cost sharing arrangement. Section 1.482-
7(c)(1) of these regulations substitutes a general rule that a
controlled taxpayer may be a controlled participant in a cost sharing
arrangement only if it reasonably anticipates that it will derive
benefits
[[Page 21956]]
from the use of covered intangibles. In addition, Sec. 1.482-
7(f)(3)(ii) provides that if a controlled participant transfers covered
intangibles to another controlled taxpayer, the participant's benefits
will be measured with reference to the transferee's benefits rather
than with reference to any consideration paid by the transferee. (This
gives rise to results similar to those under the subgroup rules of the
proposed regulations by different mechanics.) Finally, Sec. 1.482-
7(f)(3)(ii) continues to provide that the amount of benefits that each
of the controlled participants is reasonably anticipated to derive from
covered intangibles must be measured on a basis that is consistent for
all such participants.
These changes ensure that a controlled participant must benefit
from the arrangement, that the basis for measuring benefits must be
consistent for all controlled participants, and that, in the event of
intragroup transfers, there will be ``look through'' treatment for
reliably measuring benefits. These rules allow a participant to exploit
covered intangibles itself or through transferring or licensing them to
others, so long as the benefits to be derived can be consistently and
reliably measured for all controlled participants.
These regulations also clarify that the documentation requirements
of Sec. 1.482-7(j)(2) will satisfy the principal document requirement
of Sec. 1.6662-6(d)(iii)(B) with respect to a qualified cost sharing
arrangement.
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 also has 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 Lisa Sams, Office of
Associate Chief Counsel (International), IRS. 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 for part 1 continues to read in part as
follows:
Authority: 26 U.S.C. 7805. * * *
Par. 2. Section 1.482-0 is amended by revising the entries for
Secs. 1.482-7 (c) and (j) to read as follows:
Sec. 1.482-0 Outline of regulations under 482.
* * * * *
Sec. 1.482-7 Sharing of costs.
* * * * *
(c) Participant.
(1) In general.
(2) Treatment of a controlled taxpayer that is not a controlled
participant.
(i) In general.
(ii) Example.
(3) Treatment of consolidated group.
* * * * *
(j) Administrative requirements.
(1) In general.
(2) Documentation.
(i) Requirements.
(ii) Coordination with penalty regulation.
(3) Reporting requirements.
* * * * *
Par. 3. Section 1.482-7 is amended as follows:
a. By revising paragraph (c)(1)(i).
b. By adding paragraph (c)(1)(iv).
c. By removing paragraphs (c)(2) and (c)(3) and redesignating
paragraphs (c)(4) and (c)(5) as paragraphs (c)(2) and (c)(3),
respectively.
d. By revising newly designated paragraph (c)(2)(ii).
e. By adding a sentence after the second sentence in paragraph
(f)(3)(ii).
f. By revising Example 8 of paragraph (f)(3)(iii)(E).
g. By redesignating the text of paragraph (j)(2) following the
heading as paragraph (j)(2)(i) and adding a heading for newly
designated paragraph (j)(2)(i).
h. By removing the language ``(j)(2)'' and adding ``(j)(2)(i)'' in
its place in the first sentence of newly designated paragraph
(j)(2)(i).
i. By adding a paragraph (j)(2)(ii).
The additions and revisions read as follows:
Sec. 1.482-7 Sharing of costs.
* * * * *
(c) * * * (1) * * *
(i) Reasonably anticipates that it will derive benefits from the
use of covered intangibles;
* * * * *
(iv) The following example illustrates paragraph (c)(1)(i) of this
section:
Example. Foreign Parent (FP) is a foreign corporation engaged in
the extraction of a natural resource. FP has a U.S. subsidiary (USS)
to which FP sells supplies of this resource for sale in the United
States. FP enters into a cost sharing arrangement with USS to
develop a new machine to extract the natural resource. The machine
uses a new extraction process that will be patented in the United
States and in other countries. The cost sharing arrangement provides
that USS will receive the rights to use the machine in the
extraction of the natural resource in the United States, and FP will
receive the rights in the rest of the world. This resource does not,
however, exist in the United States. Despite the fact that USS has
received the right to use this process in the United States, USS is
not a qualified participant because it will not derive a benefit
from the use of the intangible developed under the cost sharing
arrangement.
(2) * * *
(ii) Example. The following example illustrates this paragraph
(c)(2):
Example. (i) U.S. Parent (USP), one foreign subsidiary (FS), and
a second foreign subsidiary constituting the group's research arm
(R+D) enter into a cost sharing agreement to develop manufacturing
intangibles for a new product line A. USP and FS are assigned the
exclusive rights to exploit the intangibles respectively in the
United States and the rest of the world, where each presently
manufactures and sells various existing product lines. R+D is not
assigned any rights to exploit the intangibles. R+D's activity
consists solely in carrying out research for the group. It is
reliably projected that the shares of reasonably anticipated
benefits of USP and FS will be 66\2/3\% and 33\1/3\, respectively,
and the parties' agreement provides that USP and FS will reimburse
66\2/3\% and 33\1/3\%, respectively, of the intangible development
costs incurred by R+D with respect to the new intangible.
(ii) R+D does not qualify as a controlled participant within the
meaning of paragraph (c) of this section, because it will not derive
any benefits from the use of covered intangibles. Therefore, R+D is
treated as a service provider for purposes of this section and must
receive arm's length consideration for the assistance it is deemed
to provide to USP and FS, under the rules of Sec. 1.482-
4(f)(3)(iii). Such consideration must be treated as intangible
development costs incurred by USP and FS in proportion to their
shares of reasonably anticipated benefits (i.e., 66\2/3\% and 33\1/
3\%, respectively). R+D will not be considered to bear any share of
the intangible development costs under the arrangement.
* * * * *
(f) * * *
(3) * * *
(ii) * * * If a controlled participant transfers covered
intangibles to another
[[Page 21957]]
controlled taxpayer, such participant's benefits from the transferred
intangibles must be measured by reference to the transferee's benefits,
disregarding any consideration paid by the transferee to the controlled
participant (such as a royalty pursuant to a license agreement). * * *
(iii) * * *
(E) * * *
Example 8. U.S. Parent (USP), Foreign Subsidiary 1 (FS1) and
Foreign Subsidiary 2 (FS2) enter into a cost sharing arrangement to
develop computer software that each will market and install on
customers' computer systems. The participants divide costs on the
basis of projected sales by USP, FS1, and FS2 of the software in
their respective geographic areas. However, FS1 plans not only to
sell but also to license the software to unrelated customers, and
FS1's licensing income (which is a percentage of the licensees'
sales) is not counted in the projected benefits. In this case, the
basis used for measuring the benefits of each participant is not the
most reliable because all of the benefits received by participants
are not taken into account. In order to reliably determine benefit
shares, FS1's projected benefits from licensing must be included in
the measurement on a basis that is the same as that used to measure
its own and the other participants' projected benefits from sales
(e.g., all participants might measure their benefits on the basis of
operating profit).
* * * * *
(j) * * *
(2) Documentation--(i) Requirements. * * *
(ii) Coordination with penalty regulation. The documents described
in paragraph (j)(2)(i) of this section will satisfy the principal
documents requirement under Sec. 1.6662-6(d)(2)(iii)(B) with respect to
a qualified cost sharing arrangement.
* * * * *
Approved: May 2, 1996.
Margaret Milner Richardson,
Commissioner of Internal Revenue.
Leslie Samuels,
Assistant Secretary of the Treasury.
[FR Doc. 96-11781 Filed 5-9-96; 8:45 am]
BILLING CODE 4830-01-U
Complete official Federal Register PDF
FR Doc. 96-11637 Medical; Nonsubstantive Miscellaneous Changes
[Federal Register Volume 61, Number 93 (Monday, May 13, 1996)]
[Rules and Regulations]
[Pages 21964-21969]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11637]
=======================================================================
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 17
RIN 2900-AH95
Medical; Nonsubstantive Miscellaneous Changes
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document amends the Department of Veterans Affairs
medical regulations in 38 CFR Part 17 by making a number of
nonsubstantive changes. More specifically, section numbers are
redesignated, redundant material is removed, restatements of statutory
material are removed, certain position titles and organizational titles
are changed to reflect current titles, authority citations are added,
obsolete material is removed, and material inadvertently deleted is
restored. These changes are made for clarity and accuracy.
EFFECTIVE DATE: May 13, 1996.
FOR FURTHER INFORMATION CONTACT: LeRoy E. Cossette, Acting Director,
Headquarters Health Administration Service (161A), Department of
Veterans
[[Page 21965]]
Affairs, 810 Vermont Avenue, NW, Washington, DC 20420; (202) 565-5412.
(This is not a toll free number.)
SUPPLEMENTARY INFORMATION: This final rule consists of nonsubstantive
changes and, therefore, is not subject to the notice and comment and
effective date provisions of 5 U.S.C. 553.
The Secretary hereby certifies that this rule will not have a
significant economic impact on a substantial number of small entitles
as they are defined in the Regulatory Flexibility Act, 5 U.S.C. 601-
612. This rule merely consists of nonsubstantive changes.
The Catalog of Federal Domestic Assistance numbers for the
programs affected by this rule are 64.005, 64.007, 64.008, 64.009,
64.010, 64.011, 64.012, 64.013, 64.014, 64.015, 64.016, 64.018,
64.019, 64.022, 64.024, and 64.025.
List of Subjects in 38 CFR Part 17
Administrative practice and procedure, Alcohol abuse, Alcoholism,
Claims, Day care, Dental health, Drug abuse, Foreign relations,
Government contracts, Grant programs-health, Grant programs-veterans,
Health care, Health facilities, Health professions, Health records,
Homeless, Medical and dental schools, Medical devices, Medical
research, Mental health programs, Nursing homes, Phillipines, Reporting
and recordkeeping requirements, Scholarships and fellowships, Travel
and transportation expenses, Veterans.
Approved: May 3 1996.
Jesse Brown,
Secretary of Veterans Affairs.
For the reasons set out above, 38 CFR part 17 is amended as set
forth below:
PART 17--MEDICAL
1. The authority citation for part 17 is revised to read as
follows:
Authority: 38 U.S.C. 501, 1721, unless otherwise noted.
1a. The undesignated center headings preceeding Secs. 17.51c,
17.55, 17.57, 17.135 and 17.400 are removed.
Secs. 17.32, 17.33, 17.38, 17.46a, 17.50e, 17.51b through 17.51g,
17.52, 17.55, 17.57, 17.58, 17.60c, 17.60h, 17.99, 17.103, 17.115a,
17.115c, 17.135, 17.160, 17.165c, 17.176, 17.212 and 17.400 through
17.416 [Removed]
2. In part 17, the following sections are removed:
a. Section 17.32;
b. Section 17.33;
c. Section 17.38;
d. Section 17.46a;
e. Section 17.50e;
f. Section 17.51b through 17.51g;
g. Section 17.52;
h. Section 17.55;
i. Section 17.57;
j. Section 17.58;
k. Section 17.60c;
l. Section 17.60h;
m. Section 17.99;
n. Section 17.103;
o. Section 17.115a;
p. Section 17.115c;
q. Section 17.135;
r. Section 17.160;
s. Section 17.165c;
t. Section 17.176;
u. Section 17.212; and
v. Sections 17.400 through 17.416.
Secs. 17.30, 17.31, 17.48, 17.51 [Amended]
3. Part 17 is further amended by removing the following paragraphs:
a. Section 17.30 (a) through (l), and (o) through (w);
b. Section 17.31 (a), (b) introductory text and (b)(1) through
(b)(4), (b)(6), (b)(7), and (c);
c. Section. 17.48 (e)(1) through (e)(5), and (e)(8); and
d. Section 17.51 (a)(1) through (a)(3), and (b).
Sec. 17.46 [Redesignated as Sec. 17.43]
4. Section 17.46 is redesignated as Sec. 17.43.
Sec. 17.47 [Redesignated as Sec. 17.46]
4a. Section 17.47 is redesignated as Sec. 17.46; in the newly
redesignated Sec. 17.46, paragraphs (a), (c), and (d) are removed, and
paragraphs (b) and (e) are redesignated as paragraphs (a) and (b),
respectively.
Sec. 17.60 [Redesignated as Sec. 17.93]
5. Section 17.60 is redesignated as Sec. 17.93, in the newly
redesignated Sec. 17.93, paragraphs (a)(1) through (a)(3), (b), (d)(1)
through (d)(4), (e), and (f) are removed; paragraphs (a)(4) and (a)(5)
are redesignated as paragraphs (a)(1) and (a)(2), respectively;
paragraph (c) is redesignated as paragraph (b); and paragraph (d) is
redesignated as paragraph (c); the newly redesignated paragraph (c)(5)
is redesignated as paragraph (c)(1), and paragraph (c)(2) is reserved.
Sec. 17.60b [Redesignated as Sec. 17.95]
6. Section 17.60b is redesignated as Sec. 17.95; and in the newly
redesignated Sec. 17.95, paragraph (b) and the paragraph designation
``(a)'' are removed.
Sec. 17.78 [Redesignated as Sec. 17.115]
7. Section 17.78 is redesignated as Sec. 17.115, in the newly
redesignated Sec. 17.115, paragraph (b) is removed; the paragraphs
designation ``(a)'' is removed, and paragraphs (a)(1) and (a)(2) are
redesignated as paragraphs (a) and (b), respectively.
Sec. 17.123 [Redesignated as Sec. 17.161]
8. Section 17.123 is redesignated as Sec. 17.161, in the newly
redesignated Sec. 17.161 paragraph (j) is revised to read as follows:
Sec. 17.161 Authorization of outpatient dental treatment.
* * * * *
(j) Class VI. Any veterans scheduled for admission or otherwise
receiving care and services under chapter 17 of 38 U.S.C. may receive
outpatient dental care which is medically necessary, i.e., is for
dental condition clinically determined to be complicating a medical
condition currently under treatment.
9. Part 17 is amended by redesignating the following sections and
paragraphs as set forth below:
------------------------------------------------------------------------
Old section New section
------------------------------------------------------------------------
17.30 (m) and (n)............................ 17.30 (a) and (b)
17.31(b)(5).................................. 17.31
17.34........................................ 17.32
17.34a....................................... 17.33
17.35........................................ 17.34
17.36........................................ 17.35
17.37........................................ 17.36
17.39........................................ 17.37
17.42........................................ 17.40
17.45........................................ 17.41
17.45a....................................... 17.42
17.46b....................................... 17.44
17.46c....................................... 17.45
17.48........................................ 17.47
17.48 (e)(6) and (e)(7)...................... 17.47 (e)(1) and (e)(2)
17.50a....................................... 17.51
17.50b....................................... 17.52
17.50c....................................... 17.53
17.50d....................................... 17.54
17.50f....................................... 17.55
17.51 (a)(4) and (5)......................... 17.56 (a) and (b)
17.51a....................................... 17.60
17.51h....................................... 17.61
17.51i....................................... 17.62
17.51j....................................... 17.63
17.51k....................................... 17.64
17.51l....................................... 17.65
17.51m....................................... 17.66
17.51n....................................... 17.67
17.51o....................................... 17.68
17.51p....................................... 17.69
17.51q....................................... 17.70
17.51r....................................... 17.71
17.51s....................................... 17.72
17.53a....................................... 17.80
17.53b....................................... 17.81
17.53c....................................... 17.82
17.53d....................................... 17.83
17.54........................................ 17.84
17.56........................................ 17.90
17.56a....................................... 17.91
17.59........................................ 17.92
17.60a....................................... 17.94
17.60d....................................... 17.96
17.60e....................................... 17.97
17.60f....................................... 17.98
17.60g....................................... 17.99
17.61........................................ 17.100
17.62........................................ 17.101
[[Page 21966]]
17.63........................................ 17.102
17.64........................................ 17.103
17.65........................................ 17.104
17.65a....................................... 17.105
17.66........................................ 17.106
17.70........................................ 17.110
17.71........................................ 17.111
17.75........................................ 17.112
17.76........................................ 17.113
17.77........................................ 17.114
17.80........................................ 17.120
17.80a....................................... 17.121
17.81........................................ 17.122
17.82........................................ 17.123
17.83........................................ 17.124
17.84........................................ 17.125
17.85........................................ 17.126
17.86........................................ 17.127
17.87........................................ 17.128
17.88........................................ 17.129
17.89........................................ 17.130
17.90........................................ 17.131
17.91........................................ 17.132
17.95........................................ 17.140
17.96........................................ 17.141
17.98........................................ 17.142
17.100....................................... 17.143
17.101....................................... 17.144
17.102....................................... 17.145
17.115....................................... 17.150
17.115b...................................... 17.151
17.115d...................................... 17.152
17.116....................................... 17.153
17.118....................................... 17.154
17.119....................................... 17.155
17.119a...................................... 17.156
17.119b...................................... 17.157
17.119c...................................... 17.158
17.119d...................................... 17.159
17.120....................................... 17.160
17.123a...................................... 17.162
17.123b...................................... 17.163
17.123c...................................... 17.164
17.124....................................... 17.165
17.129....................................... 17.166
17.155....................................... 17.170
17.161....................................... 17.180
17.165....................................... 17.190
17.165a...................................... 17.191
17.165b...................................... 17.192
17.165d...................................... 17.193
17.166....................................... 17.194
17.166a...................................... 17.195
17.166b...................................... 17.196
17.166c...................................... 17.197
17.166d...................................... 17.198
17.167....................................... 17.199
17.168....................................... 17.200
17.170....................................... 17.210
17.171....................................... 17.211
17.172....................................... 17.212
17.173....................................... 17.213
17.174....................................... 17.214
17.175....................................... 17.215
17.177....................................... 17.216
17.178....................................... 17.217
17.179....................................... 17.218
17.180....................................... 17.219
17.181....................................... 17.220
17.182....................................... 17.221
17.183....................................... 17.222
17.190....................................... 17.230
17.210....................................... 17.240
17.211....................................... 17.241
17.220....................................... 17.242
17.260....................................... 17.250
17.261....................................... 17.251
17.262....................................... 17.252
17.265....................................... 17.253
17.266....................................... 17.254
17.267....................................... 17.255
17.268....................................... 17.256
17.270....................................... 17.257
17.271....................................... 17.258
17.275....................................... 17.259
17.276....................................... 17.260
17.277....................................... 17.261
17.281....................................... 17.262
17.285....................................... 17.263
17.287....................................... 17.264
17.290....................................... 17.265
17.291....................................... 17.266
------------------------------------------------------------------------
Sec. 17.30 [Amended]
10. In Sec. 17.30, the newly redesignated paragraphs (a)(3) and (b)
are amended by removing ``17.100'' and adding ``17.142'' in place
thereof.
Sec. 17.32 [Amended]
11. In redesignated Sec. 17.32(e), ``Chief Medical Director'' is
removed and ``Under Secretary for Health'' is added in place thereof.
Sec. 17.41 [Amended]
12. In redesignated Sec. 17.41, the section heading is amended by
removing ``entitled to'' and adding ``eligible for'' in place thereof.
Sec. 17.42 [Amended]
13. In redesignated Sec. 17.42, ``Sec. 17.45'' is removed and
``Sec. 17.41'' is added in place thereof.
Sec. 17.43 [Amended]
14. In redesignated Sec. 17.43, paragraphs (a) and (b) introductory
text are amended by removing ``Secs. 17.46b through 17.48'' and adding,
``38 U.S.C. 1710, 1722, and 1729, and 38 CFR 17.44 and 17.45'' in place
thereof.
15. In redesignated Sec. 17.43(e), ``Sec. 17.62'' is removed and
``Sec. 17.101'' is added in place thereof.
Sec. 17.46 [Amended]
16. In redesignated Sec. 17.46(a), in the introductory text
``paragraph (a) of this section,'' is removed and ``38 U.S.C.
1710(a)(1),'' is added in place thereof, and in paragraph (a)(1)
``Sec. 17.50(b)'' is removed and ``38 U.S.C. 1703 and 38 CFR 17.52'' is
added in place thereof.
Sec. 17.47 [Amended]
17. In redesignated Sec. 17.47(b)(1), ``Sec. 17.47(a)'' is removed
in both places it appears and ``38 U.S.C. 1710(a)(1)'' is added in
place thereof.
18. In redesignated Sec. 17.47(e)(2), ``under Sec. 17.47 (a) or
(c), rather than Sec. 17.47(d),'' is removed and ``under 38 U.S.C.
1710(a)(1) rather than Sec. 1710(a)(2),'' is added in place thereof.
19. In redesignated Sec. 17.47(f), ``17.47(d), or outpatient care
under Sec. 17.60 (e) or (f) by virtue of the veteran's eligibility for
hospital care under Sec. 17.47(d)'' is removed and ``38 U.S.C.
1710(a)(2) or outpatient care under 38 U.S.C. 1712(a)(4) by virtue of
the veteran's eligibility for hospital care under 38 U.S.C. 1710(a)''
is added in place thereof; and ``Chief Medical Director'' is removed
and ``Under Secretary for Health'' is added in place thereof.
20. In redesignated Sec. 17.47(g) introductory text, ``entitled
to'' is removed and ``eligible for'' is added in place thereof.
21. In redesignated Sec. 17.47(l), ``Sec. 17.47 or Sec. 17.60'' is
removed and ``38 U.S.C. 1710 or 1712'' is added in place thereof.
22. In Sec. 17.49, ``Sec. 17.47'' is removed and ``Sec. 17.46'' is
added in place thereof.
Sec. 17.50 [Amended]
23. In Sec. 17.50, ``eligible under Sec. 17.47'' is removed and
``eligible under 38 U.S.C. 1710 or 38 CFR 17.44'' is added in place
thereof.
Sec. 17.51 [Amended]
24. In redesignated Sec. 17.51, ``Sec. 17.47'' is removed and ``38
U.S.C. 1710 or 38 CFR 17.46'' is added in place thereof.
Sec. 17.52 [Amended]
25. In redesignated Sec. 17.52(a), ``Sec. 17.50c'' is removed and
``Sec. 17.53'' is added in place thereof.
Sec. 17.55 [Amended]
26. In redesignated Sec. 17.55 introductory text, ``Sec. 17.50b''
is removed and ``38 U.S.C. 1703 or 38 CFR 17.52'' is added in place
thereof.
Sec. 17.56 [Amended]
27. In redesignated Sec. 17.56(b), ``Sec. 17.47(a) and (c), the
Chief Medical Director'' is removed and ``38 U.S.C. 1710(a)(1), the
Under Secretary for Health'' is added in place thereof;
``Sec. 17.47(d)'' is removed and ``38 U.S.C. 1710(a)(2)'' is added in
place thereof; and ``Sec. 17.48(e)'' is removed and ``38 U.S.C.
1710(f)'' is added in place thereof.
Sec. 17.61 [Amended]
28. In redesignated Sec. 17.61(c), ``Sec. 17.51j'' is removed and
``Sec. 17.63'' is added in place thereof.
Sec. 17.62 [Amended]
29. In redesignated Sec. 17.62 introductory text, ``Secs. 17.51h
through 17.51s'' is removed and ``Secs. 17.61 through 17.72'' is added
in place thereof.
[[Page 21967]]
Sec. 17.64 [Amended]
30. In redesignated Sec. 17.64(a), ``Sec. 17.51j(c)(3) and/or
Sec. 17.51j(e)(2)'' is removed in paragraph (a) introductory text and
(a)(1) and ``Sec. 17.63(c)(3) and/or Sec. 17.63(e)(2)'' is added in
place thereof.
Sec. 17.65 [Amended]
31. In redesignated Sec. 17.65(c), ``Sec. 17.51j(d) and the records
standard set forth in Sec. 17.51j(i)'' is removed and ``Sec. 17.63(d)
and the records standard set forth in Sec. 17.63(i)'' is added in place
thereof.
32. In redesignated Sec. 17.65(d), ``Sec. 17.51j(d) of this part;
the bedroom standard set forth in Sec. 17.51j(e) of this part; the
activities standard set forth in Sec. 17.51j(g) of this part; and the
records standard set forth in Sec. 17.51j(i)'' is removed and
``Sec. 17.63(d) of this part; the bedroom standard set forth in
Sec. 17.63(e) of this part; the activities standard set forth in
Sec. 17.63(g) of this part; and the records standard set forth in
Sec. 17.63(i)'' is added in place thereof.
Sec. 17.66 [Amended]
33. In redesignated Sec. 17.66 introductory text, ``Sec. 17.51j''
is removed and ``Sec. 17.63'' is added in place thereof.
Sec. 17.69 [Amended]
34. In redesignated Sec. 17.69 introductory text, ``Sec. 17.51m''
is removed and ``Sec. 17.66'' is added in place thereof.
35. In redesignated Sec. 17.69 introductory text, ``Sec. 17.51o''
is removed and ``Sec. 17.68'' is added in place thereof.
Sec. 17.70 [Amended]
36. In redesignated Sec. 17.70(c)(2), ``Sec. 17.51j'' is removed
and ``Sec. 17.63'' is added in place thereof.
Sec. 17.71 [Amended]
37. In redesignated Sec. 17.71(a), ``Sec. 17.51q'' is removed and
``Sec. 17.70'' is added in place thereof and ``Sec. 17.51j'' is removed
and ``Sec. 17.63'' is added in place thereof.
38. In redesignated Sec. 17.71(c), ``Sec. 17.51j'' is removed and
``Sec. 17.63'' is added in place thereof and ``Secs. 17.51m-17.51r'' is
removed and ``Secs. 17.66-17.71'' is added in place thereof.
Sec. 17.81 [Amended]
39. In redesignated Sec. 17.81(a) introductory text,
``Sec. 17.53a(a)'' is removed and ``Sec. 17.80(a)'' is added in place
thereof; and ``Chief Medical Director'' is removed and ``Under
Secretary for Health'' is added in place thereof.
Sec. 17.82 [Amended]
40. In redesignated Sec. 17.82(a) introductory text,
``Sec. 17.53a'' is removed and ``Sec. 17.80'' is added in place
thereof.
Sec. 17.84 [Amended]
41. In redesignated Sec. 17.84(c), ``Chief Medical Director'' is
removed and ``Under Secretary for Health'' is added in place thereof.
Sec. 17.90 [Amended]
42. In redesignated Sec. 17.90(a), ``Sec. 17.48(j)'' is removed and
``Sec. 17.47(j)'' is added in place thereof.
Sec. 17.92 [Amended]
43. In redesignated Sec. 17.92, ``Sec. 17.62(g)'' is removed and
``Sec. 17.101'' is added in place thereof.
Sec. 17.93 [Amended]
44. In redesignated Sec. 17.93(a), ``Sec. 17.123'' is removed and
``Sec. 17.161'' is added in place thereof.
45. In redesignated Sec. 17.93(b), ``in paragraphs (a) and (b)'' is
removed and ``in this section and 38 U.S.C. 1712 (a)(1) and (a)(2)'' is
added in place thereof and ``Sec. 17.50b'' is removed and
``Sec. 17.52'' is added in place thereof.
46. In redesignated Sec. 17.93(c)(1), ``Sec. 17.48(j)'' is removed
and ``Sec. 17.47(j)'' is added in place thereof.
Secs. 17.94, 17.95 [Amended]
47. In redesignated Secs. 17.94 and 17.95(a), ``Sec. 17.62'' is
removed from each and ``Sec. 17.101'' is added in each place thereof.
Sec. 17.97 [Amended]
48. In redesignated Sec. 17.97, ``Sec. 17.60d'' is removed and ``38
U.S.C. 1712(h)'' is added in place thereof.
Sec. 17.98 [Amended]
49. In redesignated Sec. 17.98(a), ``Sec. 17.30(1)(2) of this
part'' is removed and ``38 U.S.C. 1701(6)(B)'' is added in place
thereof; and ``Secs. 17.47, 17.54, 17.57 or 17.60(a), (b), or (f)'' is
removed and ``38 U.S.C. 1710, 1712, 1712A, 1713, or 1717, or 38 CFR.
17.84'' is added in place thereof.
Sec. 17.101 [Amended]
50. In redesignated Sec. 17.101(a), ``Sec. 17.35'' is removed and
``Sec. 17.34'' is added in place thereof.
51. In redesignated Sec. 17.101(b)(1), ``Sec. 17.46(c)(1) or
Sec. 17.60b'' is removed and ``Sec. 17.43(c)(1) or Sec. 17.95'' is
added in place thereof.
52. In redesignated Sec. 17.101(d), ``Chief Medical Director'' is
removed and ``Under Secretary for Health'' is added in place thereof.
53. In redesignated Sec. 17.101(f), ``Chief Medical Director'' is
removed and ``Under Secretary for Health'' is added in place thereof.
Sec. 17.102 [Amended]
54. In redesignated Sec. 17.102, ``Sec. 17.62'' is removed and
``Sec. 17.101'' is added in place thereof.
Sec. 17.103 [Amended]
55. In redesignated Sec. 17.103(a) introductory text,
``Sec. 17.62(a)'' is removed and ``Sec. 17.101(a)'' is added in place
thereof.
56. In redesignated Sec. 17.103(c)(1), ``Sec. 17.62(a)'' is removed
and ``Sec. 17.101(a)'' is added in place thereof.
57. In redesignated Sec. 17.103(c)(3), ``Sec. 17.65a(c)'' is
removed and ``Sec. 17.105(c)'' is added in place thereof.
Sec. 17.104 [Amended]
58. In redesignated Sec. 17.104(a), ``Sec. 17.62(a) or (b)'' is
removed and ``Sec. 17.101(a) or (b)'' is added in place thereof.
Sec. 17.105 [Amended]
59. In redesignated Sec. 17.105(a), ``Sec. 17.62(a)'' is removed
and ``Sec. 17.101(a)'' is added in place thereof.
60. In redesignated Sec. 17.105(b), ``Sec. 17.64(b)'' is removed
and ``Sec. 17.103(b)'' is added in place thereof.
Sec. 17.112 [Amended]
61. In redesignated Sec. 17.112, ``Secs. 17.76 and 17.77'' is
removed and ``Secs. 17.113 and 17.114'' is added in place thereof.
Sec. 17.114 [Amended]
62. In redesignated Sec. 17.114, ``Sec. 17.76'' is removed wherever
it appears and ``Sec. 17.113'' is added in place thereof.
Sec. 17.122 [Amended]
63. In redesignated Sec. 17.122, ``Sec. 17.48(g),'' is removed and
``17.47(g)'' is added in place thereof.
Sec. 17.125 [Amended]
64. In redesignated Sec. 17.125(b), ``Regional Office, Manila'' is
removed and ``Outpatient Clinic (358/00), 2201 Roxas Blvd., Pasay City,
1300, Republic of the Philippines'' is added in place thereof.
65. In redesignated Sec. 17.125(c), ``Chief, Outpatient Service,
Department of Veterans Affairs Medical Center, 50 Irving Street NW.,
Washington, DC 20422'' is removed and ``Chief, Medical Administration
Service (136), Department of Veterans Affairs Medical Center, White
River Junction, VT 05009'' is added in place thereof.
66. In redesignated Sec. 17.125(d), ``may be filed with the
American Embassy or consulate in the country where services were
provided. Claims will be developed and forwarded to the VA
[[Page 21968]]
Medical Center, Washington, DC, for final action. Claims may be
submitted directly to the VA Medical Center, Washington, DC, if the
veteran has returned to the United States before having had a chance to
contact the appropriate Embassy or Consulate'' is removed and ``must be
mailed to the Health Administration Center, P.O. Box 65023, Denver, CO
80206-3023'' is added in place thereof.
Sec. 17.128 [Amended]
67. In redesignated Sec. 17.128 introductory text, ``Sec. 17.80''
is removed and ``Sec. 17.120'' is added in place thereof.
Sec. 17.129 [Amended]
68. In redesignated Sec. 17.129, ``Sec. 17.85'' is removed and
``Sec. 17.126'' is added in place thereof.
Sec. 17.141 [Amended]
69. In redesignated Sec. 17.141, ``The VA Medical Center,
Washington, DC,'' is removed and ``The Health Administration Center in
Denver, CO,'' is added in place thereof, and ``except the Republic of
the Philippines'' is removed and ``except Canada which will be referred
to the VA Medical Center in White River Junction, VT, and the Republic
of the Philippines which will be referred to the VA Outpatient Clinic
in Pasay City'' is added in place thereof.
70. In redesignated Sec. 17.143, paragraph (a) is revised to read
as follows:
Sec. 17.143 Transportation of claimants and beneficiaries.
(a) ``If travel will be provided, it shall be paid in accordance
with 38 U.S.C. 111 and this section.'' is added in place thereof.
(Authority: 38 U.S.C. 111)
* * * * *
Sec. 17.143 [Amended]
71. In redesignated Sec. 17.143(f)(1), ``Secs. 17.47 and 17.54'' is
removed and ``38 U.S.C. 1710, 38 CFR 17.46 and 17.84'' is added in
place thereof.
72. In redesignated Sec. 17.143(h), ``Sec. 17.60 (e) and (f)'' is
removed and ``38 U.S.C. 1712(a)(5), and 1717'' is added in place
thereof.
73. In redesignated Sec. 17.143(k)(1), ``Sec. 17.101'' is removed
and ``38 U.S.C. 111(c) and 38 CFR 17.144'' is added in place thereof.
74. In redesignated Sec. 17.143(k)(2), ``for veterans under
Sec. 17.60 (h) and (i);'' is removed; ``for veterans under Sec. 17.93
(a)(2) and (d)(3)'' is added in place thereof; and ``Sec. 17.48(g),
subject to limitations described in Sec. 17.101'' is removed and
``17.47(j), subject to limitations described in Sec. 17.144'' is added
in place thereof.
75. In redesignated Sec. 17.143(m), ``Sec. 17.100, Sec. 17.101 or
Sec. 17.102'' is removed and ``38 U.S.C. 111 and 38 CFR 17.143, 17.144
and 17.145'' is added in place thereof.
Sec. 17.145 [Amended]
76. In redesignated Sec. 17.145, an authority citation is added
immediately following paragraph (b) to read: ``(Authority: 38 U.S.C.
111).''
Sec. 17.150 [Amended]
77. In redesignated Sec. 17.150(a), ``Sec. 17.60 (a) through (d)
and (k) through (m) (or a necessary part of outpatient care authorized
under Sec. 17.60a)'' is removed and ``38 U.S.C. 1712 and 38 CFR 17.93
(or a necessary part of outpatient care authorized under Sec. 17.94)''
is added in place thereof.
Sec. 17.157 [Amended]
78. In redesignated Sec. 17.157, ``Chief Medical Director'' is
removed and ``Under Secretary for Health'' is added in place thereof;
and ``Sec. 17.119a'' is removed and ``Sec. 17.156'' is added in place
thereof.
Sec. 17.158 [Amended]
79. In redesignated Sec. 17.158(b), ``Chief Medical Director'' is
removed and ``Under Secretary for Health'' is added in place thereof.
Sec. 17.160 [Amended]
80. In redesignated Sec. 17.160(f), ``Sec. 17.48(g)'' is removed
and ``17.47(g)'' is added in place thereof.
81. In redesignated Sec. 17.160(g), ``Chief Medical Director'' is
removed and ``Under Secretary for Health'' is added in place thereof.
Sec. 17.161 [Amended]
82. In redesignated Sec. 17.161 introductory text, ``Sec. 17.60 (a)
to (d)'' is removed and ``38 U.S.C. 1712(b) and 38 CFR 17.93'' is added
in place thereof.
83. In redesignated Sec. 17.161(i), ``Sec. 17.48(g)'' is removed
and ``17.47(g)'' is added in place thereof.
Sec. 17.162 [Amended]
84. In redesignated Sec. 17.162, ``Sec. 17.123(b)'' is removed and
``Sec. 17.161(b)'' is added in place thereof.
Sec. 17.170 [Amended]
85. In redesignated Sec. 17.170(f), ``Sec. 17.60'' is removed and
``38 U.S.C. 1712 and 38 CFR 17.93'' is added in place thereof.
Sec. 17.190 [Amended]
86. In redesignated Sec. 17.190(d), ``Sec. 17.166a(b)'' is removed
and ``Sec. 17.195(b)'' is added in place thereof.
Sec. 17.191 [Amended]
87. In redesignated Sec. 17.191, ``Chief Medical Director'' is
removed in both places and ``Under Secretary for Health'' is added in
both places.
Sec. 17.192 [Amended]
88. In redesignated Sec. 17.192, the third sentence is removed.
Sec. 17.212 [Amended]
89. In redesignated Sec. 17.212(a), ``Secs. 17.170 through 17.177''
is removed and ``38 U.S.C. 8131 through 8137 and Secs. 17.210 through
17.216'' is added in place thereof.
90. In redesignated Sec. 17.212(b), ``Sec. 17.173(d)'' is removed
and ``Sec. 17.213(d)'' is added in place thereof.
Sec. 17.213 [Amended]
91. In redesignated Sec. 17.213(a)(3), ``Secs. 17.170 through
17.177'' is removed and ``38 U.S.C. 8135 and 38 CFR 17.210 through
17.216'' is added in place thereof.
92. In redesignated Sec. 17.213(c)(1) introductory text,
``Secs. 17.170 through 17.177 and appendix A to Sec. 17.171'' is
removed and ``Secs. 17.210 through 17.216 and appendix A to
Sec. 17.211'' is added in place thereof.
Sec. 17.214 [Amended]
93. In redesignated Sec. 17.214(a) introductory text,
``Sec. 17.173'' is removed and ``Sec. 17.213'' is added in place
thereof.
Sec. 17.215 [Amended]
94. In redesignated Sec. 17.215(b), in the first and second
sentences ``Sec. 17.165'' is removed and ``Sec. 17.190'' is added in
place thereof.
Sec. 17.216 [Amended]
95. In redesignated Sec. 17.216(c), ``Secs. 17.178 through 17.179''
is removed and ``Secs. 17.217 and 17.218'' is added in place thereof.
Sec. 17.217 [Amended]
96. In redesignated Sec. 17.217(b), ``Sec. 17.183'' is removed and
``Sec. 17.222'' is added in place thereof.
Sec. 17.220 [Amended]
97. In redesignated Sec. 17.220(b)(5), ``Sec. 17.183(c)(5)(i)'' is
removed and ``Sec. 17.222(c)(5)(i)'' is added in place thereof.
Sec. 17.250 [Amended]
98. In redesignated Sec. 17.250, ``Sec. 17.260 through 17.291'' is
removed and
[[Page 21969]]
``Sec. 17.250 through Sec. 17.266'' is added in place thereof.
Sec. 17.254 [Amended]
99. In redesignated Sec. 17.254 introductory text, ``Chief Medical
Director'' is removed both times it appears and ``Under Secretary for
Health'' is added in place thereof both times it appears.
Sec. 17.255 [Amended]
100. In redesignated Sec. 17.255, ``Sec. 17.266'' is removed and
``Sec. 17.254'' is added in place thereof.
Sec. 17.257 [Amended]
101. In redesignated Sec. 17.257 introductory text, ``Chief Medical
Director'' is removed and ``Under Secretary for Health'' is added in
place thereof.
102. In redesignated Sec. 17.257(b), ``Sec. 17.271'' is removed and
``Sec. 17.258'' is added in place thereof.
103. In redesignated Sec. 17.257(c), ``Secs. 17.266 through
17.268'' is removed and ``Secs. 17.254 through 17.256'' is added in
place thereof.
Sec. 17.258 [Amended]
104. In redesignated Sec. 17.258(b), ``Secs. 17.266 through
17.267'' is removed and ``Secs. 17.254 through 17.256'' is added in
place thereof.
105. In redesignated Sec. 17.258(c), ``Secs. 17.275 through
17.277'' is removed and ``Secs. 17.259 through 17.261'' is added in
place thereof.
Sec. 17.262 [Amended]
106. In redesignated Sec. 17.262, ``Chief Medical Director'' is
removed and ``Under Secretary for Health'' is added in place thereof.
Sec. 17.350 [Amended]
107. In Sec. 17.350, ``Secs. 17.37 through 17.42'' is removed and
``38 U.S.C. 1724 and Sec. 1732, and 38 CFR 17.36 through 17.40'' is
added in place thereof.
Sec. 17.355 [Amended]
108. In Sec. 17.355, ``Chief Medical Director'' is removed and
``Under Secretary for Health'' is added in place thereof.
Sec. 17.364 [Amended]
109. In Sec. 17.364(a), ``Secs. 17.37 through 17.39'' is removed
and ``38 U.S.C. 1724 and 1732, and 38 CFR 17.36 through 17.37'' is
added in place thereof.
Sec. 17.367 [Amended]
110. In Sec. 17.367, ``Secs. 17.37 through 17.42'' is removed and
``38 U.S.C. 1724 and 1732, and 38 CFR 17.36 through 17.40'' is added in
place thereof.
* * * * *
111. In Sec. 17.601 paragraph (f) is revised to read as follows:
Sec. 17.601 Definitions.
(f) Under Secretary for Health means the Under Secretary for Health
for Veterans Health Administration or designee.
* * * * *
Sec. 17.603, 17.608, 17.609 [Amended]
112. In Secs. 17.603, 17.608(c) introductory text, and 17.609,
``Chief Medical Director'' is removed and ``Under Secretary for
Health'' is added in each place thereof.
[FR Doc. 96-11637 Filed 5-10-96; 8:45 am]
BILLING CODE 8320-01-P
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