issue-1996-06-10•Federal Register final rules — 1996-06-10
Federal Register final rules — 1996-06-10
issue-1996-06-10Federal Register final rules — 1996-06-10Regulation
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. 96-14618 Radio Broadcasting Services; Lincoln, Osage Beach, Steelville and Warsaw, MO
[Federal Register Volume 61, Number 112 (Monday, June 10, 1996)]
[Rules and Regulations]
[Pages 29311-29312]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14618]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 73
[MM Docket No. 90-66, RM-7139, RM-7368, RM-7369]
Radio Broadcasting Services; Lincoln, Osage Beach, Steelville and
Warsaw, MO
AGENCY: Federal Communications Commission.
ACTION: Final rule; petition for reconsideration.
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SUMMARY: This document denies the petition for reconsideration filed by
Twenty One Sound Communications, Inc., licensee of Station KNSX(FM),
Steelville, Missouri of our Report and Order, 57 FR 21040 (May 18,
1992) substituting Channel 228C3 for Channel 228A at Osage Beach,
Missouri and modified the license of Station KYLC, Osage Beach,
Missouri, to specify the higher class channel. The Commission affirmed
the dismissal of Twenty One's counterproposal for failure to verify
pursuant to Section 1.52 of the Commission's Rules. With this action,
this proceeding is terminated.
EFFECTIVE DATE: June 10, 1996.
[[Page 29312]]
FOR FURTHER INFORMATION CONTACT: Arthur D. Scrutchins, Mass Media
Bureau, (202) 418-2180.
SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's
Memorandum Opinion and Order, MM Docket No. 90-66, adopted May 9, 1996
and released June 4, 1996. The full text of this Commission decision is
available for inspection and copying during normal business hours in
the FCC Reference Center (Room 239), 1919 M Street, NW., Washington,
DC. The complete text of this decision may also be purchased from the
Commission's copy contractors, International Transcription Service,
Inc. (202) 857-3800, 2100 M Street, NW., Suite 140, Washington, DC
20037.
List of Subjects in 47 CFR Part 73
Radio broadcasting.
Federal Communications Commission.
Douglas W. Webbink,
Chief, Policy and Rules Division, Mass Media Bureau.
[FR Doc. 96-14618 Filed 6-7-96; 8:45 am]
BILLING CODE 6712-01-F
Complete official Federal Register PDF
FR Doc. 96-14615 Implementation of the Equal Access to Justice Act
[Federal Register Volume 61, Number 112 (Monday, June 10, 1996)]
[Rules and Regulations]
[Pages 29284-29285]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14615]
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DEPARTMENT OF TRANSPORTATION
14 CFR Part 373
RIN 2105-AC52
Implementation of the Equal Access to Justice Act
AGENCY: Office of the Secretary, DOT.
ACTION: Final rule: removal.
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SUMMARY: This action removes a regulation concerning payment of
attorneys fees under the Equal Access to Justice Act that was adopted
by the now-defunct Civil Aeronautics Board. These procedures are
covered by a Department-wide regulation. This action is taken in
response to the President's Regulatory Reinvention Initiative in order
to remove a duplicative and outdated rule.
EFFECTIVE DATE: July 10, 1996.
FOR FURTHER INFORMATION CONTACT: Alexander J. Millard, Office of the
General Counsel, Room 4102, U.S. Department of Transportation, 400
Seventh Street, SW., Washington, DC 20590, or by telephone at (202)
366-9285.
SUPPLEMENTARY INFORMATION: 14 CFR Part 373, Implementation of the Equal
Access to Justice Act, was promulgated by the now-defunct Civil
Aeronautics Board in 1982 (47 FR 16007, April 14, 1982). The Civil
Aeronautics Board issued this regulation to provide for the award of
attorney fees and other expenses to eligible individuals and entities
that were parties to certain administrative proceedings before that
agency. On January 1, 1985, however, the Civil Aeronautics Board was
sunsetted and its remaining statutory authority was transferred to the
Department of Transportation. See Civil Aeronautics Board Sunset Act of
1984, Public Law 98-443, 98 Stat. 1703. The Department of
Transportation has a nearly identical regulation governing the award of
these fees and expenses. This regulation is codified at 49 CFR Part 6.
Consequently, there is no need to retain the Civil Aeronautics Board's
duplicative regulation and it is being removed.
The Department finds notice and comment unnecessary and contrary to
the public interest because the rule is merely removing an obsolete
procedural regulation in favor of the Departmental rule. This final
rule is considered to be a nonsignificant rulemaking under DOT's
regulatory policies and procedures, 44 FR 11034. The final rule was not
subject to review by the Office of Information and Regulatory Affairs
pursuant to Executive Order 12866. The rule will have no economic
impact, and accordingly no regulatory evaluation
[[Page 29285]]
has been prepared. The final rule has been analyzed in accordance with
the principles and criteria contained in Executive Order 12612, and it
has been determined that it does not have sufficient federalism
implications to warrant the preparation of a Federalism Assessment. The
rule has also been reviewed under the Regulatory Flexibility Act. I
certify that this rule would not have a significant economic impact on
a substantial number of small entities under the meaning of the
Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 373
Claims, Equal access to justice, Lawyers.
For the reasons set forth above, the Department of Transportation
is taking the following action:
1. The authority citation for Part 373 is:
Authority: 5 U.S.C. 504.
PART 373--[REMOVED]
2. Part 373 is removed.
Issued this 31st day of May 1996 at Washington, DC.
Charles A. Hunnicutt,
Assistant Secretary for Aviation and International Affairs.
[FR Doc. 96-14615 Filed 6-7-96; 8:45 am]
BILLING CODE 4910-62-P
Complete official Federal Register PDF
FR Doc. 96-14614 Revised Filing Procedures for the OST Docket
[Federal Register Volume 61, Number 112 (Monday, June 10, 1996)]
[Rules and Regulations]
[Pages 29282-29284]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14614]
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DEPARTMENT OF TRANSPORTATION
Office of the Secretary
14 CFR Part 302
[Docket No. OST-96-1436]
RIN 2105-AC26
Revised Filing Procedures for the OST Docket
AGENCY: Office of the Secretary (OST), DOT.
ACTION: Final rule.
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SUMMARY: The Office of the Secretary (OST) is revising its document
filing requirements to reduce the number of copies filed and to conform
to, and facilitate the scanning of documents into, its new electronic
docket system. DOT is consolidating its nine separate docket facilities
and converting from a paper-based system to an optical ``imaging''
system for more efficient storage, management, and retrieval of
docketed information. These filing requirement changes will assist the
new Docket Management Facility in completing its transition to the
electronic docket system.
EFFECTIVE DATE: This rule is effective July 10, 1996.
ADDRESSES: The new Docket Management Facility is located on the Plaza
Level of the Nassif Building at the U.S. Department of Transportation,
Room PL-401, 400 Seventh Street, SW., Washington, DC 20590-0001.
FOR FURTHER INFORMATION CONTACT: Paulette Twine, Chief, Documentary
Services Division, U.S. Department of Transportation, 400 Seventh
Street, SW., Washington, DC 20590-0001, Telephone: (202) 366-9329.
SUPPLEMENTARY INFORMATION: The Secretary of Transportation has directed
that the Office of the Secretary (OST) and eight of the DOT operating
administrations consolidate their separate paper-based docket
facilities into a single, central facility and convert to an electronic
image-based system. These changes will enable the Department to provide
better service and access to the public and to government users.
The Department plans to consolidate the docket facilities of the
other DOT agencies sequentially into the new, centralized Docket
Management Facility and to expand the capacity of the system as
necessary to accommodate each DOT agency. The OST and Federal Transit
Administration (FTA) docket facilities have already relocated to the
new Docket Management Facility. The consolidation will eliminate
duplication, improve records management, enhance docket security, and
provide easier public access by creating a single point of entry.
The Department's phased transition from a paper-based docket system
to storage of docket records in an electronic format will eliminate
paper storage problems, provide users with quicker access to docketed
information and more sophisticated search capabilities, and,
eventually, provide more efficient electronic transmission of
information to and from the Docket Management Facility. To meet the
legal requirements that DOT maintain a record of all materials
submitted to the dockets and produce certified true copies of docketed
information, the docket staff is scanning documents (for OST and FTA at
this time) and storing them as images on optical disks.
Read-only optical disks are permanent and unalterable, assuring 100
percent accuracy of the records. Each document page is a separate
record in the system and will have its own unique identifying number.
The system software relates the separate 20 records of a 20-page
document to each other in sequence and gives the document an address
reachable through the indexing system. The optical disk system allows
more efficient storage and management of docketed information, because
a single disk can store hundreds of
[[Page 29283]]
documents that are easily accessible through the index. The index
provides users with the capability for rapid retrieval and more
sophisticated cross-referencing and searching of docketed information.
OST plans to backscan existing paper dockets that are currently open
and a limited amount of necessary historical or precedential material
to optical disks that can be indexed for research purposes.
As part of this transition, the Docket Management Facility will
eventually be ``networked'' to Department offices to optimize the
document flow within the Department through electronic transmission.
Eventually, we plan to encourage and expand electronic filing by public
users and provide the capability for remote public access to the
electronic docket. We now have computer work stations with an easy-to-
use interface available in the new Docket Management Facility for the
public to access the electronically stored information. Also, we have
placed many OST orders and certain rulemaking documents on the
Department's internet web site (http://www.dot.gov/geninfo). The timing
of adding electronic filing and remote access capability will depend
upon the readiness of the new system and its staff to handle them and
upon budgetary considerations.
At this time, the Department's Docket Management Facility will
continue to accept only paper filings for an original document.
However, to facilitate review and processing by internal offices, a
formal paper filing may be accompanied by a 3\1/2\ inch disk in one of
the following formats: Microsoft Word (or RTF), WordPerfect, Excel,
Lotus 1 2 3, or ASCII. We are not scanning into the new system
documents for which confidential treatment has been requested. We will
continue to store confidential documents in hard copy in a secure
location and will place a cross-reference to them in the new docket
system. Access to these documents will be granted or denied by
Department order, as is done now. If we later decide to scan
confidential documents, we will publish a Federal Register notice that
describes how the system will ensure the confidentiality of and
restrict access to these documents and provides an opportunity for
public comment.
To ensure that the highest quality image is captured during the
scanning process, revised section 302.3(b)(1) provides that documents
must be typed double-spaced on 8\1/2\ by 11 inch white paper with dark
type (not green) to provide adequate contrast for photographic
reproduction. With one exception, original documents must be unbound,
without tabs, to reduce possible damage during removal of pins and
staples and to facilitate the use of a high-speed feeder mechanism for
automated scanning. Documents of more than one page may be clipped with
a removable clip or similar device. In cases assigned by order to an
Administrative Law Judge for hearing, the filing requirements with
respect to tabbing and binding and the number of copies required will
be set by order. We prefer that filers provide one-sided original
documents to speed the physical scanning process, but we have the
software capability to sort double-sided copies.
We recognize that some filings or submissions may not conform to
these requirements (e.g., tabbed original exhibit needed by ALJ.) The
Docket Management Facility staff has developed procedures for scanning
non-conforming documents or storing unscannable documents or exhibits
(e.g., rocks, huge blueprints) and cross-referencing them in the
system. Since nonconforming documents and materials require special
handling, they may take a little longer to show up on the system.
Revised section 302.3(b)(2) requests filers to provide certain
information for more rapid and complete indexing of their documents.
Many filers already include much of this information in their
documents. The Docket Management Facility also has an Expedited
Processing Sheet that filers can use to assist in index input, a
current copy of which is available on our internet site or from the
Docket Management Facility address listed on the first page.
The revisions to section 302.3 are designed to implement the
optical scanning and electronic filing of docketed materials and to
establish that when the Department produces an electronic scanned
record, it is the official docket copy of the document. The new
specifications for document filing will allow the prompt scanning of
filed materials and thereby reduce the need to retain paper records.
Not only should this effort result in a much more efficient use of
space, personnel, equipment, and expertise, but it should save the
public and the government time and money in analyzing information
submitted to the docket.
To relieve a burden on public docket users during this transition
period, the rule reduces the generic twelve copies plus original
required for all OST proceedings to the number of copies actually
needed for the particular type of proceeding. When we have completed
our conversion to a networked system that allows routine internal
electronic access to the electronic docket, we will consider further
reducing the number of required copies. The future transition to
electronic filing also will reduce our need for copies.
This rule is being issued as a final rule because it concerns
agency practice and procedure and, therefore, is exempt from prior
notice and comment requirements under section 553 (b) (3) (A) of the
Administrative Procedure Act (APA).
Regulatory Process Matters
This final rule is not considered a significant regulatory action
under section 3(f) of Executive Order 12866, and therefore it was not
reviewed by the Office of Management and Budget. This rule is not
considered significant under the Department's regulatory policies and
procedures.
The economic impact of this rule is so minimal that further
analysis is unnecessary. The changes will provide benefits to the
public in increased availability of electronic information, more rapid
document processing and review, and fewer copies to file to the docket.
This rule does not impose unfunded mandates or requirements that will
have any impact on the quality of the human environment.
Executive Order 12612
The Department has analyzed this rule under the principles and
criteria contained in Executive Order 12612 (``Federalism'') and has
determined that the rule does not have sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
Regulatory Flexibility Act
I certify this rule will not have a significant economic impact on
a substantial number of small entities. Most filers already meet the
specifications of this rule. The rule will provide a minor benefit to
affected small entities by reducing the number of copies that they have
to file to the docket.
Paperwork Reduction Act
This rule contains no reporting or recordkeeping requirements.
List of Subjects in 14 CFR Part 302
Administrative practice and procedure, Air carriers.
For the reasons set forth above, 14 CFR part 302 is amended as
follows.
PART 302--RULES OF PRACTICE IN PROCEEDINGS
1. The authority citation for part 302 is revised to read as
follows:
[[Page 29284]]
Authority: 5 U.S.C. 551 et seq., 49 U.S.C. 40101 et seq.
2. Section 302.3 is amended by revising paragraphs (b) and (c) and
adding paragraph (f) to read as follows:
Sec. 302.3 Filing of documents.
* * * * *
(b) Formal specifications of documents.
(1) Documents filed under this part must be on white paper not
larger than 8\1/2\ by 11 inches, including any tables, charts and other
documents that may be included. Ink must be dark enough (but may not be
green) to provide substantial contrast for scanning and photographic
reproduction. Text must be double-spaced (except for footnotes and long
quotations, which may be single-spaced), using type not smaller than 12
point. The left margin must be at least 1\1/2\ inches; all other
margins must be at least 1 inch. The title page and first page must
bear a clear date and all subsequent pages must bear a page number and
abbreviated heading. In order to facilitate automated processing in
document sheet feeders, documents of more than one page should be held
together with removable metal clips or similar retainers. Original
documents may not be bound in any form or include tabs, except in cases
assigned by order to an Administrative Law Judge for hearing, in which
case the filing requirements will be set by order. Section 302.31
contains additional requirements as to the contents and style of
briefs.
(2) To facilitate indexing, a filer should include in or provide
with each document: the docket title and subject; the relevant
operating administration before which the application or request is
filed; the identity of the filer; the title of the specific action
being requested; and the name and address of the designated agent, and
so identified, on file for official service. The Docket Management
Facility has an Expedited Processing Sheet that filers can use to
assist in this index input.
(3) * * *
(c) Number of copies. Unless otherwise specified, an executed
original, along with the number of true copies set forth below for each
type of proceeding, must be filed with the Docket Management Facility.
The copies filed need not be signed, but the name of the person signing
the original document, as distinguished from the firm or organization
he or she represents, must also be typed or printed on all copies below
the space provided for the signature.
Airport Fees...................................................9 copies
Agreements
International Air Transport Association (IATA)................6 copies
Other (under 49 USC 41309)....................................9 copies
Complaints
Enforcement...................................................5 copies
Mail Contracts................................................4 copies
Rates, Fares and Charges in Foreign Air Transportation........6 copies
Unfair Practices in Foreign Air Transportation (49 USC 41310)........7
copies
Employee Protection Program (14 CFR 314)......................7 copies
Exemptions
Computer Reservation Systems (14 CFR 255).....................8 copies
Other (under 49 USC 40109)....................................7 copies
Tariffs (under 49 U.S.C. Chapter 415 or 14 CFR 221)...........5 copies
Foreign Air Carrier Permits/Exemptions........................7 copies
International Authority for U.S. Air Carriers (certificates,
exemptions, allocation of limited frequencies or charters).....7 copies
Mail Rate Proceedings.........................................4 copies
Name Change/Trade Name Registrations..........................4 copies
Suspension of Service (14 CFR 323)............................4 copies
Tariff Justifications to exceed Standard International Fare
Levels.........................................................6 copies
U.S. Air Carrier Certificates (involving Initial or Continuing
Fitness).......................................................6 copies
Other matters..................................................3 copies
Filers are encouraged to submit one of the required true copies
(except for counterparts of Agreement CAB 18900) in electronic form on
a 3\1/2\ inch floppy disk, labeled to show the filer's and
representative's names, the docket number (if known) or space for it,
and document title. The electronic submission must be in one of the
following formats: Microsoft Word (or RTF), WordPerfect, Excel, Lotus
123, or ASCII text. The disk must be accompanied by a signed
certification that it is a true copy of the executed original document.
* * * * *
(e) Reserved.
(f) Official docket copy. With respect to all documents filed under
this part that are scanned, the electronic scanned record produced by
the Department shall thereafter be the official docket copy of the
document and any subsequent copies generated by the Department's
electronic records system will be usable for admission as record copies
in any proceeding before the Department.
Issued in Washington, DC, on 31 May, 1996, under the authority
of 49 CFR part 1.
Charles A. Hunnicutt,
Assistant Secretary for Aviation and International Affairs.
[FR Doc. 96-14614 Filed 6-7-96; 8:45 am]
BILLING CODE 4910-62-P
Complete official Federal Register PDF
FR Doc. 96-14571 Definition of Markets for Purposes of the Cable Television Must- Carry Rules
[Federal Register Volume 61, Number 112 (Monday, June 10, 1996)]
[Rules and Regulations]
[Pages 29312-29314]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14571]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 76
[CS Docket No. 95-178; FCC 96-197]
Definition of Markets for Purposes of the Cable Television Must-
Carry Rules
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: The Commission amends its rules to continue to use Arbitron's
1991-1992 ``Area of Dominant Influence'' (``ADI'') market list for
determining local markets for the must-carry/retransmission consent
election that must be made by commercial broadcast television stations
by October 1, 1996. The Commission will switch to Nielsen's
``Designated Market Area'' (``DMA'') list beginning with the 1999
election, and will use updated Nielsen market lists for subsequent
elections. The Commission's previously established procedures to
determine local television markets for signal carriage purposes assumed
that Arbitron would continue to publish market designations and that
updated ADI market lists would be available for each triennial must-
carry/retransmission consent election. However, Arbitron has ceased
publication of its ADI market list and it is now necessary for the
Commission to adopt a revised mechanism for determining local markets
for signal carriage purposes. By postponing the change to market
designation procedures until the 1999 election, the Commission and
affected parties will have an opportunity to consider transitional
mechanisms to facilitate the switch from one market designation to
another. The Further Notice of Proposed Rulemaking segment of this
decision is summarized elsewhere in this issue of the Federal Register.
EFFECTIVE DATE: July 10, 1996.
FOR FURTHER INFORMATION, CONTACT: Marcia Glauberman or John Adams,
Cable Services Bureau, (202) 418-7200.
SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's
Report and Order, CS Docket No. 95-178, FCC 96-197, adopted April 25,
1996, and released May 24, 1996. The full text of this decision is
available for inspection and copying during normal business hours in
the FCC Reference Center (room 239), 1919 M Street, NW., Washington, DC
20554, and may be purchased from the Commission's copy contractor,
International Transcription Service, (202) 857-3800, 1919 M Street,
NW., Washington, DC 20554.
Synopsis of the Report and Order
1. The Report and Order amends Sec. 76.55(e) of the rules, 47 CFR
76.55(e), to continue to use Arbitron Ratings Company's 1991-1992
Television ADI Market Guide as the source of local market designations
for signal carriage purposes for the must-carry/retransmission consent
election that must take place by October 1, 1996, and will become
effective on January 1, 1997. The rule also is amended to use Nielsen
Media Research's DMA Market and Demographic Rank Report to determine
markets beginning with the 1999 election, which becomes effective
January 1, 2000.
2. Under the signal carriage provisions added to the Communications
Act (``Act'') by the Cable Television Consumer Protection and
Competition Act of 1992 (``1992 Cable Act''), commercial broadcast
television stations are permitted to elect once every three years
whether they will be carried by cable systems in their local markets
pursuant to the must-carry or retransmission consent rules. Section 614
of the Act, 47 U.S.C. 534, provides that a station electing must-carry
status is entitled to insist on carriage of its signal. A station
electing retransmission consent as set forth in Section 325 of the Act,
47 U.S.C. 325 negotiates a carriage agreement with each cable operator
and may be compensated for its station's carriage. The next election
must be made by October 1, 1996, and will become effective on January
1, 1997.
3. For purposes of these carriage rights, a station is considered
local on all cable systems located in the same television market as the
station. As enacted in 1992, section 614(h)(1)(C) of the Act required,
through a cross-reference to a Commission rule dealing with broadcast
ownership issues, that a station's market shall be determined using the
Arbitron Ratings Company's ``areas of dominant influence'' or ``ADI.''
The rules adopted in 1993 to implement these signal carriage provisions
established a mechanism for determining a station's local market for
each must-carry/retransmission consent cycle based on ADI market lists.
For the initial election in 1993, Arbitron's 1991-1992 Television ADI
Market Guide was used to define local markets and for each subsequent
election cycle an updated ADI market list was to be used. For example,
the rule specified that Arbitron's 1994-1995 ADI list would be used for
the 1996 election.
4. However, since we established these procedures, Arbitron left
the television research business and the market list specified in the
rules for this year's election is unavailable. Congress recognized that
Arbitron no longer publishes television market lists and the
Telecommunications Act of 1996 (``1996 Act''), Pub. L. 104-104, 110
Stat. 56 (1996), amended the definition of local market that referenced
ADIs. Specifically, section 614(h)(1)(C) of the Act was amended by
Section 301 of the 1996 Act to provide that for purposes of applying
the mandatory carriage provisions, a broadcasting station's market
shall be determined ``by the Commission by regulation or order using,
where available, commercial publications which delineate television
markets based on viewing patterns * * *.''
5. In addition, section 614(h) of the Act requires the Commission
to consider petitions for market modifications to add communities to or
exclude communities from a station's local market based on historical
carriage, signal coverage, local service, and viewing patterns. The
1996 Act modified this provision to require the Commission to act on
all petitions for market modifications within 120 days.
6. Prior to the 1996 Act, but consistent with its amended
definition of local market, we issued the Notice of Proposed Rulemaking
(``NPRM'') in this proceeding, summarized at 61 FR 1888 (January 24,
1996), seeking comment on three proposals for revising the mechanism
for determining local markets. First, the Commission could substitute
Nielsen Media Research's ``designated market areas'' or ``DMAs''
[[Page 29313]]
for Arbitron's ADIs. While similar in many ways, the differences
between DMA and ADI market areas could result in a change in the area
in which a station can insist on carriage rights and a change in the
stations that a cable system is required to carry. The second option
would be to continue to use Arbitron's 1991-1992 Television ADI Market
Guide to define market areas, subject to individual review and
refinement through the section 614(h) process. Under this option, the
local market definition would remain unchanged, subject only to future
individual market modifications. A third proposal would be to retain
the existing market definitions for the 1996 election period and switch
to a Nielsen based standard for subsequent elections.
7. The Commission concludes that Nielsen's DMA market assignments
provide the most accurate method for determining the areas served by
local stations. DMAs have become the television market standard for
commercial purposes in the absence of any alternative and represent the
actual market areas in which broadcasters acquire programming and sell
advertising. Moreover, in general, we continue to believe that our 1993
decision to use updated market designations for each election cycle to
account for changing markets is appropriate. Nielsen also provides the
only generally recognized source for information on television markets
that would permit us to use updated market designations for each
election cycle to account for changing markets, consistent with our
1993 decision.
8. However, from the data provided in the record, it is clear that
a greater number of stations, cable systems, and cable subscribers
would be affected by a switch to DMAs than would be affected by simply
using an updated ADI market list, as the rules had contemplated. In
particular, we are concerned about the impact of changing the market
definition in certain types of situations, such as cases where the
differences in methodology and procedures between Arbitron and Nielsen
result in significant changes in market areas. In addition, the
statements of costs and burdens put forth by cable operators do not
provide a means to determine whether there are potential problems
associated with a change in definition that could be ameliorated in
some manner through transitional procedures. Further, while some cable
subscribers will be affected by changing signal carriage requirements
resulting from a switch to a DMA standard, there may be ways to
minimize the disruptions to their service.
9. The Commission also is concerned about the impact of changing
the market definition on the section 614(h) market modification
decisions already in force. It is unclear whether cable operators could
face conflicting obligations based on a revised market standard when
these modifications are considered in conjunction with a new market
definition. In addition, without extensive evidence, we are unable to
determine the burden on the Commission to remedy such conflicts that
might result from an immediate switch to DMAs.
10. Thus, the Commission decides to continue to use the 1991-1992
ADI market list for the 1996 election and to establish a framework that
uses updated DMA market lists for the 1999 and subsequent elections. In
addition, the home county exception is retained in order to ensure that
a station is carried in its home county in the limited instances where
the station is assigned to an ADI market by Arbitron or a DMA market by
Nielsen that is not the same as its home county's market. For the time-
being, the Commission also will rely on market modifications determined
pursuant to Section 614(h) to refine market boundaries to account for
changes in viewing patterns and market conditions.
Final Regulatory Flexibility Analysis
11. Pursuant to the Regulatory Flexibility Act of 1980, 5 U.S.C.
601-12, the Commission's final analysis with respect to the Report and
Order is as follows:
12. Need and Purpose of this Action: This action is necessary
because the procedure for determining local television markets for
signal carriage purposes relies on a market list no longer published by
the Arbitron Ratings Company.
13. Summary of Issues Raised by the Public in Response to the
Initial Regulatory Flexibility Analysis: There were no comments
submitted in response to the Initial Regulatory Flexibility Analysis.
14. Significant Alternatives Considered and Rejected. The
Commission proposed three alternatives in its NPRM and comments were
submitted that addressed the administrative burdens of each
alternative. In order to minimize the administrative burdens on
broadcasters and cable operators, the decision contained herein retains
the existing market definitions and the existing market modification
process for the 1996 must-carry/retransmission consent election cycle.
This decision postpones a change in market definition from Arbitron's
ADI to Nielsen's DMA until the 1999 election in order to provide an
opportunity for the Commission and affected parties to consider
transitional mechanisms that could minimize the effects of changing
market definitions on broadcasters and cable operators, including small
business entities.
Ordering Clauses
15. Accordingly, it is ordered that, pursuant to sections 4(i),
4(j) and 614 of the Communications Act of 1934, as amended, 47 U.S.C.
154(i), 154(j) and 534, and section 301 of the Telecommunications Act
of 1996, Pub. L. 104-104 (1996), Part 76 is amended as set forth below,
July 10, 1996.
16. It is further ordered that, the Secretary shall send a copy of
the Report and Order, including the Regulatory Flexibility Analysis, to
the Chief Counsel for Advocacy of the Small Business Administration in
accordance with paragraph 603(a) of the Regulatory Flexibility Act.
Pub. L. 96-354, 94 Stat. 1164, 5 U.S.C. 601 et seq. (1981).
List of Subjects in 47 CFR Part 76
Cable television.
Federal Communications Commission
William F. Caton,
Acting Secretary.
Rule Changes
Part 76 of Chapter I of Title 47 of the Code of Federal Regulations
is amended as follows:
PART 76--CABLE TELEVISION SERVICE
1. The authority citation for Part 76 continues to read as follows:
Authority: 47 U.S.C. 151, 152, 153, 154, 301, 302, 303, 303a,
307, 308, 309, 312, 315, 317, 325, 503, 521, 522, 531, 532, 533,
534, 535, 536, 537, 543, 544, 544a, 545, 548, 552, 554, 556, 558,
560, 561, 571, 572, 573.
2. Section 76.55 is amended by revising paragraph (e) to read as
follows:
Sec. 76.55 Definitions applicable to the must-carry rules.
* * * * *
(e) Television market. (1) Until January 1, 2000, a commercial
broadcast television station's market, unless amended pursuant to
Sec. 76.59, shall be defined as its Area of Dominant Influence (ADI) as
determined by Arbitron and published in the Arbitron 1991-1992
Television ADI Market Guide, as noted below, except that for areas
outside the contiguous 48 states, the market of a station shall be
defined using Nielsen's Designated Market Area (DMA), where applicable,
as published in the Nielsen 1991-92 DMA Market
[[Page 29314]]
and Demographic Rank Report, and that Puerto Rico, the U.S. Virgin
Islands, and Guam will each be considered a single market.
(2) Effective January 1, 2000, a commercial broadcast television
station's market, unless amended pursuant to Sec. 76.59, shall be
defined as its Designated Market Area (DMA) as determined by Nielsen
Media Research and published in its DMA Market and Demographic Rank
Report or any successor publication, as noted below.
(3) A cable system's television market(s) shall be the one or more
ADI markets in which the communities it serves are located until
January 1, 2000, and the one or more DMA markets in which the
communities it serves are located thereafter.
(4) In addition, the county in which a station's community of
license is located will be considered within its market.
Note to paragraph (e): For the 1996 must-carry/retransimission
consent election, the ADI assignments specified in the 1991-1992
Television ADI Market Guide, available from the Arbitron Ratings
Co., 9705 Patuxent Woods Drive, Columbia, MD, will apply. For the
1999 election, which becomes effective on January 1, 2000, DMA
assignments specified in the 1997-98 DMA Market and Demographic Rank
Report, available from Nielsen Media Research, 299 Park Avenue, New
York, NY, shall be used. The applicable DMA list for the 2002
election will be the 2000-2001 list, etc.
* * * * *
[FR Doc. 96-14571 Filed 6-7-96; 8:45 am]
BILLING CODE 6712-01-P
Complete official Federal Register PDF
FR Doc. 96-14570 Authority Delegated to the General Counsel
[Federal Register Volume 61, Number 112 (Monday, June 10, 1996)]
[Rules and Regulations]
[Page 29311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14570]
=======================================================================
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 0
[FCC 96-225]
Authority Delegated to the General Counsel
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Commission has concluded that the proper dispatch of its
business and the public interest will be best served by expanding the
authority delegated to the General Counsel regarding hearing matters.
In order to facilitate prompt resolution of adjudicatory hearing
proceedings, the Commission has delegated authority to the General
Counsel to issue all appropriate orders and to act on all requests for
relief regarding hearing matters pending before the Commission en banc,
except those requests which involve final disposition on the merits of
a previously specified issue concerning an applicant's basic
qualifications or two or more applicants' comparative qualifications.
EFFECTIVE DATE: June 10, 1996.
FOR FURTHER INFORMATION CONTACT: John I. Riffer, Office of General
Counsel, (202) 418-1756.
SUPPLEMENTARY INFORMATION:
Adopted: May 20, 1996.
Released: May 29, 1996.
1. By its Order, 11 FCC Rcd 1062 (1996), the Commission eliminated
the Review Board. In light of the many demands currently imposed on the
Commission concerning nonhearing matters, the Commission has concluded
that the proper dispatch of its business and the public interest will
be best served by expanding the authority delegated to the General
Counsel regarding hearing matters. Thus, in order to facilitate prompt
resolution of adjudicatory hearing proceedings which are pending before
the Commission en banc, we are amending Sec. 0.251 to delegate
authority to the General Counsel to act on all requests for relief in
such proceedings, and to issue all appropriate orders, except those
requests which involve final disposition on the merits of a previously
specified issue concerning an applicant's basic qualifications or two
or more applicants' comparative qualifications. At the same time,
various other, conforming editorial changes have also been made in
Sec. 0.251.
2. Authority for the adoption of the amendments adopted herein is
contained in Sections 4(i), 4(j), 5(b), 5(c), and 303(r) of the
Communications Act of 1934, as amended. 47 U.S.C. 154(i), 154(j),
155(b), 155(c) and 303(r). Because these amendments pertain to agency
organization, practice and procedure, the notice and comment and
effective date provisions of the Administrative Procedure Act, 5 U.S.C.
553(b)(A) and 553(d), are inapplicable.
3. Accordingly, it is ordered, that, effective June 10, 1996, part
0 is amended as set forth below.
List of Subjects in 47 CFR Part 0
Organization and functions (Government Agencies).
Federal Communications Commission.
LaVera F. Marshall,
Acting Secretary.
Rule Changes
Part 0 of chapter I of title 47 of the Code of Federal Regulations
is amended as follows:
PART 0--COMMISSION ORGANIZATION
1. The authority citation for part 0 continues to read as follows:
Authority: Sec. 5, 48 Stat. 1068, as amended; 47 U.S.C. 155,
225, unless otherwise noted.
Sec. 0.251 [Amended]
2. Section 0.251 is amended by adding paragraphs (c), (d), and (e),
removing paragraphs (f), (g), and (h) and redesignating paragraphs (i)
and (j) as paragraphs (f) and (g) to read as follows:
* * * * *
(c) The General Counsel is delegated authority in adjudicatory
hearing proceedings which are pending before the Commission en banc to
act on all requests for relief, and to issue all appropriate orders,
except those which involve final disposition on the merits of a
previously specified issue concerning an applicant's basic
qualifications or two or more applicants' comparative qualifications.
(d) When an adjudicatory proceeding is before the Commission for
the issuance of a final order or decision, the General Counsel will
make every effort to submit a draft order or decision for Commission
consideration within four months of the filing of the last responsive
pleading. If the Commission is unable to adopt an order or decision in
such cases within five months of the last responsive pleading, it shall
issue an order indicating that additional time will be required to
resolve the case.
(e) The official record of all actions taken by the General Counsel
pursuant to Sec. 0.251 (c) and (d) is contained in the original docket
folder, which is maintained by the Secretary in the Dockets Branch.
* * * * *
[FR Doc. 96-14570 Filed 6-7-96; 8:45 am]
BILLING CODE 6712-01-P
Complete official Federal Register PDF
FR Doc. 96-14463 Acquisition Regulation; Monthly Progress Reports; Submission of Invoices
[Federal Register Volume 61, Number 112 (Monday, June 10, 1996)]
[Rules and Regulations]
[Pages 29314-29320]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14463]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
48 CFR Parts 1501, 1509, 1510, 1515, 1532, 1552 and 1553
[FRL-5516-4]
Acquisition Regulation; Monthly Progress Reports; Submission of
Invoices
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document revises the EPA Acquisition Regulation (EPAAR)
contract clauses for monthly progress reports, submission of invoices,
and other related information. Authority for two internal EPA reviews
is also redelegated.
EFFECTIVE DATE: June 25, 1996.
ADDRESSES: Environmental Protection Agency, Office of Acquisition
Management (3802F), 401 M Street SW., Washington, DC 20460.
FOR FURTHER INFORMATION CONTACT: Larry Wyborski, Telephone: (202) 260-
6482.
SUPPLEMENTARY INFORMATION:
I. Background Information
The proposed rule was published in the Federal Register (60 FR
51964-51968) on October 4, 1995, providing for a 60 day comment period.
Interested parties were afforded the opportunity to participate in
the making of this rule. The following is a summary of each comment and
the Agency disposition of these comments.
1. Comment: Paragraphs (c)(1) and (2) of the Submission of Invoices
clause references invoice preparation instructions ``. . . identified
as a separate attachment in Section J . . .'' Perhaps the intent of
your proposed provision is to reference the current EPA Form 1900 or
1900-34A or some similar document, in which case we, and other EPA
contractors, are familiar with its requirements. On the other hand, if
you have another document in mind we would be particularly interested
in its proposed contents.
Response: The reference is to invoice preparation instructions
under each contract, which will convey similar information now conveyed
in the EPA Form 1900-34 and 1900-34A. Contracting Officers will be able
to devise the instructions to fit the specific circumstances of the
acquisition. The EPA Form 1900-34 and 1900-34A are obsolete. See items
16 and 17 of this rule which delete these forms from use by EPA.
2. Comment: Submission of Invoices clause, paragraph (c)(1) and the
Monthly Progress Report clause, paragraph (d)(2) call for amounts
claimed ``for the contract total.'' It is not clear what is meant by
that phrase particularly in light of the requirements of the proposed
Monthly Progress Report provision. If you mean the contract period,
that presents no additional burden. If you mean the ``cumulative
contract life'' (your expression from the Monthly Progress Report
provision), this would be more difficult as your cost accounting system
does not currently add contract year information together.
Response: ``Contract total'' refers to cumulative contract life.
This is a change from the prior Agency requirements which will improve
the Agency's ability to assess cost reasonableness.
3. Comment: The Submission of Invoices clause, paragraph (c)(3)
calls for subcontract amounts to be ``further detailed in a supporting
schedule showing major cost elements for each subcontract.'' This
raises the potential issue of proprietary information on cost-plus
fixed-fee (CPFF) subcontracts where subcontractors may be unwilling to
provide fully disclosed cost detail to prime contractors. The Agency
would have to determine how they would like to have subcontractors to
provide that detail if it was still requested. For example,
subcontractors could provide in sealed envelopes the proprietary backup
to their invoices which contain the desired information and primes
could then enclose all the envelopes with their invoices. This would be
bulky and postage costs would increase as a result.
Response: The ``Subcontracts'' clause of the Federal Acquisition
Regulation makes it the responsibility of contractors to obtain
information that ensures subcontractor costs are reasonable, if such a
requirement is established in other contract provisions. The Agency
suggests that a prime contractor enter into confidentiality agreements
with subcontractors to ensure that they provide the necessary data, if
such data is considered proprietary.
4. Comment: Monthly Progress Report, paragraph (c), calls for the
prime contractor to maintain the Contracting Officer's list of pending
actions.
Response: Paragraph (c) is not a requirement to maintain the
Contracting Officer's ``list.'' It is a requirement for contractors to
specify contractor requests awaiting Contracting Officer authorization.
5. Comment: Several requirements for information have the potential
for being quickly outdated and thus may lose whatever value they may be
expected to offer.
Response: If the information requested is updated monthly, as
required by the monthly progress report, the Agency believes it will be
useful in making cost reasonableness determinations.
6. Comment: Paragraph (d)(4) of the Monthly Progress Report clause
calls for the tracking of costs against contract ``ceilings''. Many of
the items listed are not normally the subject of contract ceilings. It
is not clear if your provision literally means ceilings or if you mean
the amounts proposed in each of those areas as part of the total
estimated cost. Further, the concept of ``remaining amounts'' has
little meaning unless you are referring to contract ceilings. Lastly,
reporting costs by individual contractor is not within the capability
of the invoicing module of our current cost accounting and would thus
take a modification to that system or manual invoice preparation.
[[Page 29315]]
As stated, the provision means ceilings. The provision does not
refer to part of the estimated costs. Adjustments to internal
contractor systems may be necessary to meet this requirement.
7. Comment: The new information requirements would add considerable
time and costs to the preparation of invoices and monthly progress
reports.
Response: The procedures and information requested were formulated
with the realization that they may entail additional indirect costs to
the contractor which will be passed along to the Agency. The Agency
believes that such costs will be outweighed by the benefits of
enhancing EPA's ability to determine whether contract costs are
reasonable for payment purposes.
8. Comment: While we understand the desire of the Agency to obtain
additional information under its contracts through invoices and monthly
reports, we believe the proposed changes are overreaching and do not
reflect the FAR proscription to obtain the minimum technical data
necessary to manage the contract. The rule increases the federally-
imposed administrative burden on contractors.
Response: The FAR policy proscription refers to technical data,
such as that which is scientific in nature. It does not refer to
information incidental to contract administration. It is the Agency's
responsibility to determine cost reasonableness, based on a standard of
what a prudent person would incur in the conduct of competitive
business. If an initial review of the facts results in the challenge of
specific costs by the Government, the burden of proof is on the
contractor to establish that such a cost is reasonable. This final rule
will ensure that supporting documentation is provided in cases where a
prudent person could not otherwise make a cost reasonableness
determination.
9. Comment: When a final decision is made to disallow costs, a copy
of the EPA Form 1900-68 should also be sent to the contractor's
cognizant audit office.
Response: A copy of all completed EPA 1900-68 Forms will be
provided to the applicable Cost Advisory Office, per item number 6 of
the form.
10. Comment: EPA is acting inconsistently with Paperwork Reduction
Act requirements, as codified in 5 CFR 1320.
Response: This action is consistent with the Paperwork Reduction
Act. There is an existing clearance for this information collection
requirement, previously approved OMB control number 2030-0005. The
Agency submitted an amended information request for the data in this
rule, which OMB has approved. Also see item III. for information
required by the Paperwork Reduction Act.
11. Comment: EPA should accept OMB policy (i.e., OMB Circular A-
133) which requires agencies to rely upon contractors/grantees to
review approved systems to account for federal funds, rather than
transaction reviews performed by the funding agency.
Response: The OMB Circular also states that a Federal agency shall
make any additional reviews necessary to carry out responsibilities
under Federal law and regulation. As stated in response to 8., it is
the Agency's responsibility to determine cost reasonableness, based on
a standard of what a prudent person would incur in the conduct of
competitive business. If an initial review of the facts results in the
challenge of specific costs by the Government, the burden of proof is
on the contractor to establish that such a cost is reasonable. This
rule will ensure that supporting documentation is provided in order to
make a cost reasonableness determination.
12. Comment: EPA has not justified the substantially increased
effort required under the proposed rule. The level of detail specified
in the new Monthly Progress Report clause may not be readily available
to many contractors. The revised clause will require the expenditure of
considerable time and money at a time when Government procurement is
moving toward increased simplification. The EPA should satisfy itself
that the perceived benefits of the new Monthly Progress report clause
will justify the costs.
Response: Reference is made to responses to comments 7. and 8.
Also, one EPA contractor commented that none of the information
requested is impossible for prime contractors to provide to the Agency.
A second EPA contractor stated that the changes appear to be very
useful in enhancing EPA's ability to monitor the financial performance
of contractors. The Agency received no comments from contractors
stating that the requested information would be unavailable to them.
Lastly, the Agency considered the cost benefits of the rule, prior to
determining that any additional costs to the Government would be more
than offset by the benefits obtained from necessary data upon which to
make cost reasonableness determinations.
13. Comment: We disagree with the statement that the annual burden
of information collection is not estimated to change.
Response: The information collection burden is based on current
contractor preparation time for the Monthly Progress Report, assuming a
relatively large number of contracts and using EPA contractor
processing time on an average of work assignments for the month. The
figure of 43 hours uses the high range of the burden estimates provided
by contractors. Therefore, the 43 hours is considered a reasonable
basis for the burden estimate. See Item III. for details on why the
burden is not estimated to change.
14. Comment: Several comments recommended specific revisions to the
language of EPAAR 1552.210-72, Monthly Progress Report, and EPAAR
1552.232-70, Submission of Invoices.
Response: As a result of these comments, changes were made to the
proposed language in Monthly Progress Report clause. Specifically,
paragraphs (a), (d)(6) and (e)(3)(v) were revised, and paragraph (e)(6)
was added.
II. Executive Order 12866
This is not a significant regulatory action under Executive Order
12866; therefore, no review is required at the Office of Information
and Regulatory Affairs within OMB.
III. Paperwork Reduction Act
The Office of Management and Budget (OMB) has approved the
information collection and record keeping requirements contained in
this proposed rule under the provisions of the Paperwork Reduction Act,
44 U.S.C. 3501 et seq and has assigned OMB control number 2030-0005.
Agencies are required to monitor cost-reimbursement, time and
material and labor hour contracts in terms of financial and technical
efficiency. The Environmental Protection Agency Acquisition Regulation
(EPAAR) prescribes use of the contract clause entitled ``Monthly
Progress Report'' to obtain the information necessary to monitor these
contracts. The responses to the collection of information are required
for contractors to receive payment, in accordance with the EPAAR.
Progress reports contain confidential business information and are
protected from release in accordance with 40 CFR Part 2.
This rule is not estimated to change the annual burden of
information collection and record keeping requirements, which is
estimated to be 43 hours per response. Respondent burden is based on
the current estimated response burden that was modified to consider:
(1) decreased burden due to familiarity with the requirement, improved
computer monitoring techniques and the use of
[[Page 29316]]
word processing in lieu of typing (net effect--decrease information
gathering time from 28.25 to 25.25 hours per month); and (2) increased
burden due to a requirement for more reporting data (net effect--
increase information processing, compilation and review time from 14.75
to 17.75 hours per month)).
------------------------------------------------------------------------
Hours per
Collection activity month Cost
------------------------------------------------------------------------
1. Gather Information............................. 25.25 $2,220.00
2. Compile/Process Information.................... 17.75 710.00
Total....................................... 43 2,930.00
------------------------------------------------------------------------
In addition, Capital costs per respondent are estimated at $180.00
per year, based on monthly reproduction and postage costs of $15.00 per
respondent (12 months x $15.00 = $180.00 per year).
Contractors are reimbursed for costs under the applicable
contracts.
In most instances, it is a contractor's project manager who manages
the effort under the contract and prepares the progress report. EPA's
Cost Advisory and Financial Analysis Division estimates the loaded
hourly rate for an assistant project manager to be $80.00 per hour and
the loaded hourly rate for a data entry clerk to be $40.00 per hour.
These figures are based on Agency contracts.
EPA currently has an estimated 650 contracts which require monthly
progress reports. Based on this estimate, there would be 7,800
responses per year (650 respondents x 12 monthly responses = 7,800).
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain or disclose or
provide information to or for a Federal agency. This includes the time
to review instructions; develop, acquire, install, and utilize
technology and systems for the purpose of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
and transmit or otherwise disclose the information.
An Agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a valid
OMB control number. The OMB control numbers for EPA's regulations are
listed in 40 CFR Part 9 and 48 CFR Chapter 15. EPA is amending the
table in Subpart 1501.3, 48 CFR Chapter 15 of currently approved ICR
control numbers issued by OMB for various regulations to list the
information requirements contained in this final rule.
Send comments on the Agency's need for this information, the
accuracy of the provided burden estimates, and any suggested methods
for minimizing respondent burden, including through the use of
automated collection techniques, to the Director, OPPE Regulatory
Information Division: U. S. Environmental Protection Agency (2136); 401
M St., S.W.; Washington, DC 20460; and to the Office of Information and
Regulatory Affairs, Office of Management and Budget, 725 17th St., N.
W., Washington DC 20503, marked ``Attention: Desk Officer for EPA.''
Include the ICR number in any correspondence.
IV. Regulatory Flexibility Act
This rule is not expected to have a significant impact on a
substantial number of small entities within the meaning of the
Regulatory Flexibility Act, 5 U.S.C. 601 et. seq. Under invoicing
procedures, contractors submit payment requests to the Government based
on known costs incurred. Compliance with this requirement will involve
minimal cost or effort for any entity, large or small.
V. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) P.L.
104-4, establishes requirements for Federal agencies to assess their
regulatory actions on State, local, and tribal governments and the
private sector.
EPA has determined that this rule does not contain a Federal
mandate that may result in expenditures of $100 million or more for
State, local, and tribal governments, in the aggregate, or the private
sector in any one year. Private sector costs for this action relate to
paperwork requirements and associated expenditures that are far below
the level established for UMRA applicability. Thus, the rule is not
subject to the requirements of sections 202 and 205 of the UMRA.
VI. Regulated Entities
EPA contractors are entities potentially regulated by this action.
Specifically, those contractors who have cost-reimbursement type
contracts with EPA are likely to be affected.
------------------------------------------------------------------------
Category Regulated entities
------------------------------------------------------------------------
Industry.................................. EPA contractors.
------------------------------------------------------------------------
Questions regarding the applicability of this action to a
particular entity, should be directed to the person listed in the
preceding FOR FURTHER INFORMATION CONTACT section.
List of Subjects in 48 CFR Parts 1501, 1509, 1510, 1515, 1532, 1552
and 1553
Government procurement.
For the reasons set forth in the preamble, Chapter 15 of Title 48
Code of Federal Regulations is amended as follows:
1. The authority citation for 1501, 1509, 1510, 1515, 1532, 1552
and 1553 continues to read as follows:
Authority: Sec. 205(c), 63 Stat. 390 as amended, 40 U.S.C.
486(c).
PART 1501--[AMENDED]
1501.37 [Amended]
2. Section 1501.370 is amended by removing the text ``1510.011-70
through 1510.011-74'' and adding in its place ``1510.011-70 and
1510.011-72'' and by removing the text ``1552.210-71 through 1552.210-
73'' and adding in its place ``1552.210-72.''
PART 1509--[AMENDED]
1509.503 [Amended]
3. Section 1509.503 is amended by removing the words ``Assistant
Administrator for Administration and Resources Management'' and adding
in its place the words ``Head of the Contracting Activity.''
PART 1510--[AMENDED]
1510.011-71
[Removed]
4. Section 1510.011-71 is removed and reserved.
5. Section 1510.011-72 is revised to read as follows:
1510.011-72
Monthly progress report.
Contracting Officers shall insert a contract clause substantially
the same as the clause at 1552.210-72 when monthly progress reports are
required.
1510.011-73 [Removed]
6. Section 1510.011-73 is removed and reserved.
1510.011-74 [Removed]
7. Section 1510.011-74 is removed and reserved.
PART 1515--[AMENDED]
1515.608 [Amended]
8. Section 1515.608 is amended by removing the word ``CCO'' in
paragraph (e) and adding in its place the words ``Competition
Advocate.''
PART 1532--[AMENDED]
9. Section 1532.170 is amended by revising paragraph (b) to read as
follows and to remove paragraph (c):
[[Page 29317]]
1532.170 Forms.
* * * * *
(b) EPA Form 1900-68, Notice of Contract Costs Suspended and/or
Disallowed, at 1553.232-75, shall be inserted in all cost-reimbursement
type and fixed-rate type contracts.
10. Section 1532.908 is revised to read as follows:
1532.908 Contract clauses.
The Contracting Officer shall insert a clause substantially the
same as that at 1552.232-70 in all solicitations and contracts for cost
reimbursable acquisitions. If a fixed-rate type contract is
contemplated, the Contracting Officer shall use the clause with its
Alternate I.
PART 1552--[AMENDED]
1552.210-71 [Removed]
11. Section 1552.210-71 is removed and reserved.
12. Section 1552.210-72 is revised to read as follows:
1552.210-72 Monthly Progress Report.
As prescribed in 1510.011-72, insert the following clause:
Monthly Progress Report (Jun 1996)
(a) The Contractor shall furnish ______ copies of the combined
monthly technical and financial progress report stating the progress
made, including the percentage of the project completed, and a
description of the work accomplished to support the cost. If the
work is ordered using work assignments or delivery orders, include
the estimated percentage of task completed during the reporting
period for each work assignment or delivery order.
(b) Specific discussions shall include difficulties encountered
and remedial action taken during the reporting period, and
anticipated activity with a schedule of deliverables for the
subsequent reporting period.
(c) The Contractor shall provide a list of outstanding actions
awaiting Contracting Officer authorization, noted with the
corresponding work assignment, such as subcontractor/consultant
consents, overtime approvals, and work plan approvals.
(d) The report shall specify financial status at the contract
level as follows:
(1) For the current reporting period, display the amount
claimed.
(2) For the cumulative period and the cumulative contract life
display: the amount obligated, amount originally invoiced, amount
paid, amount suspended, amount disallowed, and remaining approved
amount. The remaining approved amount is defined as the total
obligated amount, less the total amount originally invoiced, plus
total amount disallowed.
(3) Labor hours.
(i) A list of employees, their labor categories, and the numbers
of hours worked for the reporting period.
(ii) For the current reporting period, display the expended
direct labor hours and costs broken out by EPA contract labor hour
category for the prime contractor and each subcontractor and
consultant.
(iii) For the cumulative contract period and the cumulative
contract life display: the negotiated, expended and remaining direct
labor hours and costs broken out by EPA contract labor hour category
for the prime contractor, and each subcontractor and consultant.
(iv) Display the estimated direct labor hours and costs to be
expended during the next reporting period.
(4) Display the current dollar ceilings in the contract, net
amount invoiced, and remaining amounts for the following categories:
Direct labor hours, total estimated cost, award fee pool (if
applicable), subcontracts by individual subcontractor, travel,
program management, and Other Direct Costs (ODCs).
(5) Unbilled allowable costs. Display the total costs incurred
but unbilled for the current reporting period and cumulative for the
contract.
(6) Average cost of direct labor. Compare the actual average
cost per hour to date with the average cost per hour of the approved
work plans for the current contract period.
(e) The report shall specify financial status at the work
assignment or delivery order level as follows:
(1) For the current period, display the amount claimed.
(2) For the cumulative period display: amount shown on workplan,
or latest work assignment/delivery order amendment amount (whichever
is later); amount currently claimed; amount paid; amount suspended;
amount disallowed; and remaining approved amount. The remaining
approved amount is defined as: the workplan amount or latest work
assignment or delivery order amount (whichever is later), less total
amounts originally invoiced, plus total amount disallowed.
(3) Labor hours.
(i) A list of employees, their labor categories, and the number
of hours worked for the reporting period.
(ii) For the current reporting period, display the expended
direct labor hours and costs broken out by EPA contract labor hour
category for the prime contractor and each subcontractor and
consultant.
(iii) For the current reporting period, cumulative contract
period, and the cumulative contract life display: the negotiated,
expended and remaining direct labor hours and costs broken out by
EPA contract labor hour category for the prime contractor and each
subcontractor and consultant.
(iv) Display the estimated direct labor hours and costs to be
expended during the next reporting period.
(v) Display the estimates of remaining direct labor hours and
costs required to complete the work assignment or delivery order.
(4) Unbilled allowable costs. Display the total costs incurred
but unbilled for the current reporting period and cumulative for the
work assignment.
(5) Average cost of direct labor. Display the actual average
cost per hour with the cost per hour estimated in the workplan.
(6) A list of deliverables for each work assignment or delivery
order during the reporting period.
(f) This submission does not change the notification
requirements of the ``Limitation of Cost'' or ``Limitation of
Funds'' clauses requiring separate written notice to the Contracting
Officer.
(g) The reports shall be submitted to the following addresses on
or before the ______ of each month following the first complete
reporting period of the contract. See EPAAR 1552.232-70, Submission
of Invoices, paragraph (e), for details on the timing of submittals.
Distribute reports as follows:
------------------------------------------------------------------------
No. of copies Addressee
------------------------------------------------------------------------
____________.............................. Project Officer.
____________.............................. Contracting Officer.
------------------------------------------------------------------------
1552.210-73 [Removed]
13. Section 1552.210-73 is removed and reserved.
1552.210-74 [Removed]
14. Section 1552.210-74 is removed and reserved.
15. Section 1552.232-70 is revised to read as follows:
1552.232-70 Submission of invoices.
As prescribed in 1532.908, insert the following clause:
Submission of Invoices (Jun 1996)
In order to be considered properly submitted, an invoice or
request for contract financing payment must meet the following
contract requirements in addition to the requirements of FAR 32.905:
(a) Unless otherwise specified in the contract, an invoice or
request for contract financing payment shall be submitted as an
original and five copies. The Contractor shall submit the invoice or
request for contract financing payment to the following offices/
individuals designated in the contract: the original and two copies
to the Accounting Operations Office shown in Block ______ on the
cover of the contract; two copies to the Project Officer (the
Project Officer may direct one of these copies to a separate
address); and one copy to the Contracting Officer.
(b) The Contractor shall prepare its invoice or request for
contract financing payment on the prescribed Government forms.
Standard Forms Number 1034, Public Voucher for Purchases and
Services other than Personal, shall be used by contractors to show
the amount claimed for reimbursement. Standard Form 1035, Public
Voucher for Purchases and Services other than Personal--Continuation
Sheet, shall be used to furnish the necessary supporting detail or
additional information required by the Contracting Officer. The
Contractor may submit self-designed forms which contain the required
information.
(c)(1) The Contractor shall prepare a contract level invoice or
request for contract financing payment in accordance with the
invoice preparation instructions identified as a separate attachment
in Section J of the contract. If contract work is authorized by
[[Page 29318]]
individual work assignments, the invoice or request for contract
financing payment shall also include a summary of the current and
cumulative amounts claimed by cost element for each work assignment
and for the contract total, as well as any supporting data for each
work assignment as identified in the instructions.
(2) The invoice or request for contract financing payment shall
include current and cumulative charges by major cost element such as
direct labor, overhead, travel, equipment, and other direct costs.
For current costs, each major cost element shall include the
appropriate supporting schedule identified in the invoice
preparation instructions. Cumulative charges represent the net sum
of current charges by cost element for the contract period.
(3) The charges for subcontracts shall be further detailed in a
supporting schedule showing the major cost elements for each
subcontract. The degree of detail for any subcontract exceeding
$5,000 is to be the same as that set forth under (c)(2).
(4) The charges for consultants shall be further detailed in the
supporting schedule showing the major cost elements of each
consultant. For current costs, each major cost element of the
consulting agreement shall also include the supporting schedule
identified in the invoice preparation instructions.
(d) Invoices or requests for contract financing payment must
clearly indicate the period of performance for which payment is
requested. Separate invoices or requests for contract financing
payment are required for charges applicable to the basic contract
and each option period.
(e)(1) Notwithstanding the provisions of the clause of this
contract at FAR 52.216-7, Allowable Cost and Payment, invoices or
requests for contract financing payment shall be submitted once per
month unless there has been a demonstrated need and Contracting
Officer approval for more frequent billings. When submitted on a
monthly basis, the period covered by invoices or requests for
contractor financing payments shall be the same as the period for
monthly progress reports required under this contract.
(2) If the Contracting Officer allows submissions more
frequently than monthly, one submittal each month shall have the
same ending period of performance as the monthly progress report.
(3) Where cumulative amounts on the monthly progress report
differ from the aggregate amounts claimed in the invoice(s) or
request(s) for contract financing payments covering the same period,
the contractor shall provide a reconciliation of the difference as
part of the payment request. Alternate I (JUN 1996). If used in a
fixed-rate type contract, substitute the following paragraphs (c)(1)
and (2) for paragraphs (c)(1) and (2) of the basic clause:
(c)(1) The Contractor shall prepare a contract level invoice or
request for contract financing payment in accordance with the
invoice preparation instructions identified as a separate attachment
in Section J of the contract. If contract work is authorized by
individual delivery orders, the invoice or request for contract
financing payment shall also include a summary of the current and
cumulative amounts claimed by cost element for each delivery order
and for the contract total, as well as any supporting data for each
delivery order as identified in the instructions.
(2) The invoice or request for contract financing payment that
employs a fixed rate feature shall include current and cumulative
charges by contract labor category and by other major cost elements
such as travel, equipment, and other direct costs. For current
costs, each cost element shall include the appropriate supporting
schedules identified in the invoice preparation instructions.
PART 1553--[AMENDED]
16. Section 1553.232-75 is revised to read as follows:
1553.232-75 EPA Form 1900-68, Notice of Contract Costs Suspended and/
or Disallowed.
As prescribed in 1532.170(b), the Contracting Officer shall insert
EPA Form 1900-68 in all cost-reimbursement type and fixed-rate type
contracts.
1553.232-76 [Removed]
17. Section 1553.232-76 is removed and reserved.
Dated: May 28, 1996.
Betty L. Bailey,
Director Office of Acquisition.
Note.--The following appendix will not appear in the Code of
Federal Regulations.
Appendix--EPA Form 1900-68, Notice of Contract Costs Suspended or
Disallowed.
BILLING CODE 6560-50-P
[[Page 29319]]
[GRAPHIC] [TIFF OMITTED] TR10JN96.000
[[Page 29320]]
[GRAPHIC] [TIFF OMITTED] TR10JN96.001
[FR Doc. 96-14463 Filed 6-7-96; 8:45 am]
BILLING CODE 6560-50-C
Complete official Federal Register PDF
FR Doc. 96-14390 Exchange Visitor Program
[Federal Register Volume 61, Number 112 (Monday, June 10, 1996)]
[Rules and Regulations]
[Pages 29285-29287]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14390]
=======================================================================
-----------------------------------------------------------------------
UNITED STATES INFORMATION AGENCY
22 CFR Part 514
Exchange Visitor Program
AGENCY: United States Information Agency.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Agency published an interim final rule with request for
comment in the Federal Register on April 8, 1996. This rule amended
Agency regulations to clarify the procedures for requesting an
extension of program duration for designated sponsors seeking such
extension on behalf or a professor or research scholar participating in
activities conducted by the sponsor. This interim rule also set forth
new procedures whereby the Agency may authorize a sponsor to design and
conduct research programs that allow for the participation of a
professor or research scholar for a period of time in excess of three
years. Limitations governing the eligibility for program participation
of professor and research scholar participants were also set forth.
These limitations enhance the integrity and programmatic effectiveness
of the Exchange Visitor Program. The Agency hereby adopts this interim
rule, with amendments, as final.
DATES: This rule is effective June 10, 1996 except for 22 CFR
514.20(j)(2)(i) which will become effective on October 4, 1996.
FOR FURTHER INFORMATION CONTACT:
Stanley S. Colvin, Assistant General Counsel, United States Information
Agency, 301 4th Street, SW., Washington, DC 20547; Telephone, (202)
619-4979.
SUPPLEMENTARY INFORMATION: Professor and research scholar participants
comprise some thirty percent of all exchange visitors participating in
the Agency-administered Exchange Visitor Program and are, accordingly,
of particular interest to the Agency given their involvement in
collaborative research projects throughout the United States and the
potential for the promotion of mutual understanding and peaceful
relations that such collaborative activities provide. Also of interest
to the Agency is the fact that such participants occupy approximately
55,000 positions in U.S. academic institutions and corporate research
facilities.
Unlike all other nonimmigrant visa categories, the J visa allows
for the employment in the United States of accompanying spouses. Thus,
there are potentially 55,000 spouses working in the United States based
solely upon their derivative J-2 visa status. Also, unlike the
employment of all other nonimmigrants in the United States, neither the
employment of the J visa holder principal, nor his or her accompanying
spouse is subject to the requirements of a Labor Condition Application
or U.S. Department of Labor review. Given the above considerations, the
Agency is compelled to examine closely those policies and regulations
that govern the long-term employment of exchange visitors in the United
States.
The Agency published an interim rule on April 8, 1996 that
addressed, in part, an alien's eligibility to pursue teaching or
research opportunities in the United States under the aegis of the
Exchange Visitor Program. This interim rule introduced a prohibition
against program participation as a professor or research scholar for
aliens that had held or been afforded J visa status during any portion
of the twelve month period immediately preceding the commencement of
such participation. This prohibition was introduced in an effort to end
the movement of students in J visa status into the professor and
research scholar category and also to prevent aliens who have completed
a three year period of program participation as a professor or research
scholar from exiting the U.S. and immediately re-entering in a ``new''
program for an additional three year period.
The Agency received 38 comments in response to the request for
comment set forth in the April 8th interim rule, all of which directly
or indirectly touched upon this provision. The commentators generally
agreed that, given the Agency's desire to ensure that exchange visitors
return to their home country in order to safeguard the integrity and
programmatic effectiveness of the Exchange Visitor Program, the
practice of exiting and re-entering in a new program should be
curtailed. These commentators suggested, however, that the regulation,
as written, complicated or prevented the use of the Exchange Visitor
Program by person engaging in short-term collaborative projects. Many
commentators suggested alternatives to the Agency's approach and as a
result of such comments, the Agency is amending the provisions set
forth at Sec. 514.20(d). This amendment exempts from the twelve month
bar those exchange visitors who participated in an exchange visitor
program for six months or less. As a related matter, the Agency is
amending the program duration of the short-term scholar category from
four months to six months both to reflect this change and to facilitate
this category's use for short-term collaborative projects.
Further, based upon comments received, the Agency is amending the
language governing the calculation of the twelve month bar set forth at
Sec. 514.20(d)(ii). The interim rule set forth language, subject to
interpretation, as to how the twelve month period should be calculated.
In an effort to provide clarity, the Agency amends this language by
adopting physical presence in the United States in J status as the
standard for application of the twelve month bar and adopts the date of
program commencement, as set forth on the Form IAP-66, as the standard
to determine the calculation of time.
A number of commentators also suggested that it is unfair to
subject the J-2 spouse to this twelve month bar. The Agency disagrees.
While some J-2 spouses may have made some sacrifices in order to
accompany the J-1 exchange visitor, such sacrifice is compensated by
employment opportunities in the United States--often in research. Thus,
the real issue is whether it is unfair to deny a J-2 spouse the
opportunity to remain in J status and pursue continued
[[Page 29286]]
employment upon completion of the J-1 principal's program
participation.
If the J-2 is not subjected to the twelve month bar, the underlying
objective for imposing the bar is defeated in that the J-2 could become
a J-1 and the former J-1 would be afforded J-2 derivative status and
thus, as discussed above, full employment authorization. This ``flip-
flop'' of status could continue back and forth for years, even decades,
at the expense of program effectiveness and integrity. Accordingly, the
Agency concludes that upon balancing the various interests of the
Agency, designated sponsors, and exchange visitors, application of the
bar to J-2 spouses is both reasonable and desirable.
In a related matter to categorical eligibility, and in response to
specific comment received from NAFSA, the Agency adopts language to
clarify that participants may not be placed on a tenure track as
opposed to the interim rule's language that states the participant may
not be placed in a tenure-track position.
The Agency also received numerous comments regarding the provisions
of Sec. 514.20(i)(2) whereby the Agency may authorize designated
sponsors to conduct an exchange activity requiring participation in
excess of three years by a professor or research scholar. This
provision would allow a sponsor to identify a discrete activity, such
as the International Thermonuclear Experimental Reactor, for which the
sponsor and the activity underwriters have identified the desirability
of a participant's involvement for a period of time in excess of three
years. The requirement for the identification of a discrete activity,
by definition, does not contemplate those situations in which a sponsor
desires to conduct generalized research for periods of time in excess
of three years. The Agency will authorize up to an additional three
years of program duration.
The provisions of the interim rule limited involvement in such
activities to foreign educated research scholars. Many commentators
questioned whether the benefits of such a limitation outweighed
potential losses. In light of the comments received, the Agency
concludes that its program and policy objectives may be achieved by
means other than the limitation to foreign educated participants.
Accordingly, the Agency is eliminating this requirement and adopting in
its place a provision that participants in such extended activities be
financed directly by U.S. foreign government funding. ``Financed
directly'' is defined at Sec. 514.2 and requires that the exchange
visitor receives funds contributed directly to the exchange visitor in
connection with his or her participation in an exchange visitor
program. The Agency concludes that this approach will allow the
underwriters of such significant research projects to identify and
select participants according to their needs while signalling their
bona fide interest in such person by their direct funding of his or her
participation in the project.
Comments regarding Sec. 514.20(j) which governs the extension of a
participant's program participation generally suggested the need for
clarification of what the Agency considers to be ``exceptional or
unusual circumstances.'' The Agency stated in the interim rule, that it
contemplates ``exceptional or unusual circumstances'' will generally
involve situations in which the participant was unable to complete his
or her program due to circumstances not directly related to his or her
project. This general statement should not be misconstrued or over-
emphasized. The Agency recognizes that ``exceptional or unusual''
circumstances may arise that are directly related to a participant's
research project. While ``exceptional or unusual'' circumstances must
be examined on a case by case basis and in the context of all facts
presented, some guidance may be provided. For example, a foreign
government's direct funding of a participant and that government's
desire to have the participant continue in his or her project for an
additional year would be considered as an ``exceptional or unusual''
circumstance sufficient to justify extension of the participant's
program. Other examples of ``exceptional or unusual'' circumstances
include the illness or incapacity of a participant that prevents the
participant from working on his or her project for an extended period
of time, and catastrophes involving the research experiments. Also, the
test may be met when the visitor requires an extension of a few weeks
to complete the project due to unforseen delays in the research.
A number of commentators suggested that these changes diminish a
sponsor's ability to utilize the Exchange Visitor Program for research
requiring more than three years to complete. The Agency does not agree
with these comments, concluding instead, that these changes merely
reinforce the Agency's long-held position that the Exchange Visitor
Program should be utilized for programs that have been designed for
participation of not more than three years and that may, under ordinary
circumstances, be completed on schedule. Moreover, the Agency
concludes, as a matter of policy, that three years of research provides
ample opportunity to both complete meaningful research and develop
valuable relationships that will foster on-going linkages between U.S.
institutions and scientists upon the participant's return to his or her
home country. Thus, while the Agency acknowledges that these changes
may result in some individuals being unable to utilize the Exchange
Visitor Program, the Agency concludes that managerial and program
needs, such as the benefits of ensuring that a higher percentage of
participants return to their home country in a timely manner and
fulfill the underlying exchange policy objectives upon which their
entry into the United States was premised, outweighs the possible loss
of exchange opportunities.
The Agency also, in light of comments received, has determined that
the language of Sec. 514.20(j)(2)(i) should be amended to recognize
that extraordinary events may arise after the ninety day period for
filing an extension of program request has passed. The Agency adopted
the ninety day filing requirement to ensure that a participant does not
fall out of valid program status and thereby subject his or her sponsor
to sanctions for employing aliens without proper work authorization.
The necessity for a timely filing requirement remains; however, the
Agency does agree that an ``extraordinary circumstance'' clause would
be appropriate. Accordingly, the Agency amends the language of this
paragraph to include such clause but cautions all sponsors that the
participant's work authorization expires on the date listed on the
participant's IAP-66 form unless an extension has been granted by the
Agency. The Agency also is amending the ninety day filing requirement
to sixty days to provide for greater flexibility in the filing of an
extension request.
In accordance with 5 U.S.C.605(b), the Agency certifies that this
rule does not have a significant adverse economic impact on a
substantial number of small entities. This rule is not considered to be
a major rule within the meaning of Section 1(b) of E.O. 12291, nor does
it have federal implications warranting the preparation of a Federalism
Assessment in accordance with E.O. 12612.
In adopting this final rule, with amendments, the Agency has set
forth the entire language of the interim rule with amendments
incorporated therein to assist the reader.
List of Subjects in 22 CFR Part 514
Cultural exchange programs.
[[Page 29287]]
Dated: June 3, 1996.
Les Jin,
General Counsel.
Accordingly the interim rule amending 22 CFR Part 514 which was
published at 61 FR 15372 on April 8, 1996, is adopted as a final rule
with the following changes:
PART 514--EXCHANGE VISITOR PROGRAM
1. The authority citation for part 514 continues to read as
follows:
Authority: 8 U.S.C. 1101(a)(15)(J), 1182, 1258; 22 U.S.C. 1431-
1442, 2451-2460; Reorganization Plan No. 2 of 1977, 42 FR 62461, 3
CFR, 1977 Comp. p 200; E.O. 12048, 43 FR 13361, 3 CFR, 1978 Comp. p
168, USIA Delegation Order No. 85-5 (50 FR 27393.)
2. Section 514.20 is amended by revising paragraphs (d), (i), and
(j) to read as follows:
Sec. 514.20 Professors and research scholars.
* * * * *
(d) Visitor eligibility. An individual may be selected for
participation in the Exchange Visitor Program as a professor or
research scholar subject to the following conditions:
(i) The participant shall not be a candidate for tenure track
position; and
(ii) The participant has not been physically present in the United
States as a nonimmigrant pursuant to the provisions of 8 U.S.C.
1101(a)(15)(J) for all or part of the twelve month period immediately
preceding the date of program commencement set forth on his or her Form
IAP-66, unless:
(A) The participant is transferring to the sponsor's program as
provided in Sec. 514.42; or
(B) The participant's presence in the United States was of less
than six months duration; or
(C) The participant's presence in the United States was pursuant to
a Short-term scholar exchange activity as authorized by Sec. 514.21.
* * * * *
(i) Duration of participation. The permitted duration of program
participation for a professor or research scholar shall be as follows:
(1) General limitation. The professor and research scholar shall be
authorized to participate in the Exchange Visitor Program for the
length of time necessary to complete his or her program, which time
shall not exceed three years.
(2) Exceptional circumstance. The Agency may authorize a designated
Exchange Visitor Program sponsor to conduct an exchange activity
requiring a period of program duration in excess of three years. A
sponsor seeking to conduct a discrete activity requiring more than the
permitted three years of program duration, but less than six years of
program duration, shall make written request to the Agency and secure
written Agency approval. Such request shall include:
(i) A detailed explanation of the discrete exchange activity; and
(ii) A certification that the participation of selected research
scholars will be financed directly by United States or foreign
government funds.
(3) Change of category. A change between the categories of
professor and research scholar shall not extend an exchange visitor's
permitted period of participation beyond three years.
(j) Extension of program. Professors and research scholars may be
authorized program extensions as follows:
(1) Responsible officer authorization. A responsible officer may
extend, in his or her discretion and for a period not to exceed six
months, the three year period of program participation permitted under
Sec. 514.20(i). The responsible officer exercising his or her
discretion shall do so only upon his or her affirmative determination
that such extension is necessary in order to permit the research
scholar or professor to complete a specific project or research
activity.
(2) Agency authorization. The Agency may extend, upon request and
in its sole discretion, the three year period of program participation
permitted under Sec. 514.20(i). A request for Agency authorization to
extend the period of program participation for a professor or research
scholar shall:
(i) Be submitted to the Agency, unless prevented by extraordinary
circumstance, no less than 60 days prior to the expiration of the
participant's permitted three year period of program participation; and
(ii) Present evidence, satisfactory to the Agency, that such
request is justified due to exceptional or unusual circumstances and is
necessary in order to permit the researcher or professor to complete a
specific project or research activity.
(3) Timeliness. The Agency will not review a request for Agency
authorization to extend the three year period of program participation
permitted under Sec. 514.20(i) unless timely filed; provided, however,
that the Agency reserves the right to review a request that is not
timely filed due to extraordinary circumstance.
(4) Final decision. The Agency anticipates it will respond to
requests for Agency authorization to extend the three year period of
program participation permitted under Sec. 514.20(i) within 30 days of
Agency receipt of such request and supporting documentation. Such
response shall constitute the Agency's final decision.
[FR Doc. 96-14390 Filed 6-7-96; 8:45 am]
BILLING CODE 8230-01-M
Complete official Federal Register PDF
FR Doc. 96-14383 Airworthiness Directives; Lockheed Model 382, 382B, 382E, 382F, and 382G Series Airplanes
[Federal Register Volume 61, Number 112 (Monday, June 10, 1996)]
[Rules and Regulations]
[Pages 29279-29282]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14383]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 95-NM-10-AD; Amendment 39-9663; AD 96-12-20]
RIN 2120-AA64
Airworthiness Directives; Lockheed Model 382, 382B, 382E, 382F,
and 382G Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This amendment supersedes an existing airworthiness directive
(AD), applicable to certain Lockheed Model 382, 382B, 382E, 382F, and
382G series airplanes, that currently requires visual inspections to
detect loose, missing, or deformed fasteners in the upper truss mounts
of certain engines, inspections to detect cracking in the associated
tangs, and replacement of damaged parts. This amendment adds a
requirement for repetitive ultrasonic inspections to detect cracking of
the upper tangs and replacement of cracked parts. This amendment also
provides for an optional terminating action for the
[[Page 29280]]
repetitive inspections, and revises the applicability of the rule to
specify groupings of airplanes. This amendment is prompted by reports
indicating that fatigue cracking of the tangs of the upper truss mount
has been detected. The actions specified by this AD are intended to
prevent multiple failures of the upper truss mounts due to problems
associated with fatigue cracking, which could adversely affect the
integrity of the engine mount structure.
DATES: Effective July 15, 1996.
The incorporation by reference of Hercules Service Bulletin 382-71-
20, dated March 18, 1994, as listed in the regulations, is approved by
the Director of the Federal Register as of July 15, 1996.
The incorporation by reference of Lockheed Alert Service Bulletin
A382-71-19/A82-687, dated December 23, 1993, as listed in the
regulations, was approved previously by the Director of the Federal
Register as of February 18, 1994 (59 FR 5078, February 3, 1994).
ADDRESSES: The service information referenced in this AD may be
obtained from Lockheed Aeronautical Systems Support Company, Field
Support Department, Dept. 693, Zone 0755, 2251 Lake Park Drive, Smyrna,
Georgia 30080. This information may be examined at the Federal Aviation
Administration (FAA), Transport Airplane Directorate, Rules Docket,
1601 Lind Avenue, SW., Renton, Washington; or at the FAA, Small
Airplane Directorate, Atlanta Aircraft Certification Office, Campus
Building, Suite 2-160, 1701 Columbia Avenue, College Park, Georgia; or
at the Office of the Federal Register, 800 North Capitol Street, NW.,
suite 700, Washington, DC.
FOR FURTHER INFORMATION CONTACT: Thomas Peters, Aerospace Engineer,
ACE-116A, Flight Test Branch, FAA, Small Airplane Directorate; Atlanta
Aircraft Certification Office, Campus Building, Suite 2-160, 1701
Columbia Avenue, College Park, Georgia 30337-2748; telephone (404) 305-
7367; fax (404) 305-7348.
SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal
Aviation Regulations (14 CFR part 39) by superseding AD 94-03-03,
amendment 39-8809 (59 FR 5078, February 3, 1994), which is applicable
to certain Lockheed Model 382, 382B, 382E, 382F, and 382G series
airplanes, was published in the Federal Register on May 16, 1995 (60 FR
26005). That action proposed to supersede AD 94-03-03 to continue to
require visual inspections to detect loose, missing, or deformed
fasteners in the upper truss mounts of certain engines, inspections to
detect cracking in the associated tangs, and replacement of damaged
parts with new parts. The action also proposed to add a requirement for
repetitive ultrasonic inspections to detect cracking of the upper tangs
and replacement of cracked parts with certain new or serviceable parts.
That action also proposed to provide for an optional terminating action
for the repetitive inspections. Additionally, that action proposed to
revise the applicability of the existing rule to specify appropriate
groupings of airplanes subject to the rule.
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
the comments received from the sole commenter.
Request to Revise Replacement Requirements for Cracked Upper Tang
The commenter, the manufacturer, requests that paragraph (a)(2) of
the proposed rule be revised to change the replacement requirements for
the upper tang to specify that, if cracking is found, the operator must
replace the truss mount, not the upper tang. The commenter notes that
the upper tang is an integral part of the truss mount and it cannot be
replaced unless the truss mount itself is replaced.
The FAA concurs. The manufacturer has confirmed that it is
impossible to replace the upper tang without replacing the truss mount.
From this, the FAA assumes that operators complying with AD 94-03-03
(which contained the requirement to replace the upper tang) would have
replaced the truss mount, and not just the upper tang, if replacement
was necessary in accordance with paragraph (a)(2) of that AD. In
consideration of these factors, the FAA has revised paragraph (a)(2) of
this final rule to clarify that the truss mount must be replaced if
cracking is found in the upper tang.
Request to Prohibit Installation of Previously Used Truss Mounts
The commenter further requests that references to replacement with
a ``serviceable'' truss mount assembly be deleted from the proposal.
The commenter states that previously-used truss mounts would have
existing fastener holes and, therefore, could not be used as a
replacement part, since they would not be able to be installed
physically on the airplane.
The FAA concurs. Since a previously-used truss mount cannot be
installed on an airplane because of the existing fastener holes, the
FAA has deleted this language from paragraphs (a) and (d) of the final
rule.
Request to Revise Reference to Structural Repair Manual
The commenter also requests that paragraphs (d)(1) and (d)(2) of
the proposed rule, which require replacement of the truss mount
assembly, be revised to refer to the Structural Repair Manual,
``Document SMP * * *,'' rather than ``Document SRM * * *'' The
commenter states that instructions for replacing the truss mounts are
described in Document SMP.
The FAA acknowledges that the commenter is correct, and has revised
this reference in this final rule. Additionally, the FAA has corrected
the number of that particular document to read ``SMP 583''
Request to Delete Prohibition of Future Installation of Certain
Truss Mounts
The commenter requests that paragraph (e) of the proposed rule be
deleted. That paragraph would prohibit the installation of certain
part-numbered outboard and inboard engine truss mounts on any airplane
unless the truss mount had been inspected in accordance with the SRM.
That paragraph is meant to preclude the possibility of those truss
mounts being entered into service without having the necessary
inspection performed. However, the commenter points out three
considerations to support its request to delete the proposed
requirement:
1. First, the intent of the inspection required by the AD is to
detect fatigue damage that is associated with the fastener holes in the
truss mounts.
2. Second, a truss mount does not have fastener holes in it until
it is installed on the airplane; therefore, a new truss mount would not
need to be inspected for fatigue damage, since it would not have
accumulated enough time for such damage to occur.
3. Third, if the final rule does not permit the installation of
used (``serviceable'') truss mounts, then only new truss mounts--on
which fatigue would not be a problem--would be permitted to be
installed.
For the reasons specified by the commenter, and in light of the
previously discussed changes made to this final rule, the FAA concurs
that proposed paragraph (e) is unnecessary. The FAA has deleted it from
the final rule.
Conclusion
After careful review of the available data, including the comments
noted
[[Page 29281]]
above, the FAA has determined that air safety and the public interest
require the adoption of the rule with the changes previously described.
The FAA has determined that these changes will neither increase the
economic burden on any operator nor increase the scope of the AD.
Cost Impact
There are approximately 112 Lockheed Model 382, 382B, 382E, 382F,
and 382G series airplanes of the affected design in the worldwide
fleet. The FAA estimates that 18 airplanes of U.S. registry will be
affected by this AD.
Accomplishment of the visual inspections that were required by AD
94-03-03 and retained in this AD, take approximately 10 work hours per
airplane, at an average labor rate of $60 per work hour. Based on these
figures, the total cost impact of those inspections on U.S. operators
is estimated to be $10,800, or $600 per airplane, per inspection cycle.
Accomplishment of the ultrasonic inspections that are added by this
new AD will take approximately 6 work hours per airplane, at an average
labor rate of $60 per work hour. Based on these figures, the total cost
impact of the inspections on U.S. operators is estimated to be $6,480,
or $360 per airplane, per inspection cycle.
The cost impact figures discussed above are based on assumptions
that no operator has yet accomplished any of the requirements of this
AD action, and that no operator would accomplish those actions in the
future if this AD were not adopted. However, it is reasonable to assume
that operators currently subject to the requirements of AD 94-03-03
have already implemented the repetitive visual inspections required by
that AD.
Should an operator elect to accomplish the optional terminating
action that is provided by this AD action, it would take approximately
60 work hours per airplane to accomplish it, at an average labor rate
of $60 per work hour. The cost of required parts would be approximately
$17,000 per airplane. Based on these figures, the cost impact of the
optional terminating action would be $20,600 per airplane.
Regulatory Impact
The regulations adopted herein will not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government. Therefore, in
accordance with Executive Order 12612, it is determined that this final
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
For the reasons discussed above, I certify that this action (1) is
not a ``significant regulatory action'' under Executive Order 12866;
(2) is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and (3) will not have a
significant economic impact, positive or negative, on a substantial
number of small entities under the criteria of the Regulatory
Flexibility Act. A final evaluation has been prepared for this action
and it is contained in the Rules Docket. A copy of it may be obtained
from the Rules Docket at the location provided under the caption
ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (14 CFR part 39) as follows:
PART 39--AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 USC 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by removing amendment 39-8809 (59 FR
5078, February 3, 1994), and by adding a new airworthiness directive
(AD), amendment 39-9663, to read as follows:
96-12-20 Lockheed Aeronautical Systems Company: Amendment 39-9663.
Docket 95-NM-10-AD. Supersedes AD 94-03-03, amendment 39-8809.
Applicability: Model 382, 382B, 382E, 382F, and 382G series
airplanes having serial numbers 3946 through 4512 inclusive, on
which the outer wings have been replaced in accordance with
Manufacturing End Product (MEP) 12R/13R or MEP 9T/10T; and Model
382E and Model 382G serial airplanes having serial numbers 4561
through 5225 inclusive; certificated in any category.
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
otherwise modified, altered, or repaired in the area subject to the
requirements of this AD. For airplanes that have been modified,
altered, or repaired so that the performance of the requirements of
this AD is affected, the owner/operator must request approval for an
alternative method of compliance in accordance with paragraph (e) of
this AD. The request should include an assessment of the effect of
the modification, alteration, or repair on the unsafe condition
addressed by this AD; and, if the unsafe condition has not been
eliminated, the request should include specific proposed actions to
address it.
Compliance: Required as indicated, unless accomplished
previously.
To prevent multiple failures of the upper truss mounts, which
could adversely affect the integrity of the engine mount structure,
accomplish the following:
(a) Prior to the accumulation of 15,000 total hours time-in-
service since wing replacement (for Model 382, 382B, 382E, and 382F
series airplanes on which the outer wings have been replaced in
accordance with MEP 12R/13R or MEP 9T/10T); or prior to the
accumulation of 15,000 total hours time-in-service (for Model 382G
series airplanes); or within 30 days after February 18, 1994 (the
effective date of AD 94-03-03, amendment 39-8809), whichever occurs
later: Accomplish the requirements of paragraphs (a)(1) and (a)(2)
of this AD. Repeat the specified inspections thereafter at intervals
not to exceed 300 hours time-in-service or 100 landings, whichever
occurs later, until the requirements of paragraph (b) of this AD are
accomplished.
(1) Perform a general visual inspection to detect loose,
missing, or deformed fasteners on the inboard and outboard upper
truss mounts of the No. 1 and No. 4 (left and right outboard)
engines, in accordance with Lockheed Alert Service Bulletin A382-71-
19/A82-687, dated December 23, 1993. If any loose, missing, or
deformed fastener is found, prior to further flight, replace it in
accordance with Hercules Structural Repair Manual (SRM), Document
Number SMP 583.
(2) Perform a general visual inspection to detect cracking of
the truss mount upper tangs of the No. 1 and No. 4 engine truss
mounts in accordance with Lockheed Alert Service Bulletin A382-71-
19/A82-687, dated December 23, 1993. If cracking is detected in any
truss mount upper tang, prior to further flight, replace it with a
new engine truss mount in accordance with Hercules SRM, Document
Number SMP 583, or in accordance with a method approved by the
Manager, Atlanta Aircraft Certification Office (ACO), FAA, Small
Airplane Directorate.
(b) Perform an ultrasonic inspection to detect cracking of the
upper tangs of the No. 1 outboard and the No. 4 inboard engine truss
mounts, in accordance with Hercules Service Bulletin 382-71-20,
dated March 18, 1994, at the time specified in paragraph (b)(1) or
(b)(2) of this AD, as applicable. Accomplishment of this inspection
terminates the inspections required by paragraph (a) of this AD.
(1) For Model 382, 382B, 382E, 382F, and 382G series airplanes
on which the outer wings have been replaced in accordance with MEP
12R/13R or MEP 9T/10T: Accomplish the inspection at the earlier of
the times specified in paragraphs (b)(1)(i) and (b)(1)(ii) of this
AD.
(i) Prior to the accumulation of 15,000 total hours time-in-
service since replacement of the outer wings, or within 90 days
after the effective date of this AD, whichever occurs later. Or
[[Page 29282]]
(ii) Within 300 hours time-in-service or 100 landings, whichever
occurs later, following the immediately preceding visual inspection
accomplished in accordance with paragraph (a) of this AD.
(2) For Model 382E and 382G series airplanes having serial
number 4561 through 5225 inclusive, other than those identified in
paragraph (b)(1) of this AD: Accomplish the inspection at the
earlier of the times specified in paragraphs (b)(2)(i) and
(b)(2)(ii) of this AD.
(i) Prior to the accumulation of 15,000 total hours time-in-
service, or within 90 days after the effective date of this AD,
whichever occurs later. Or
(ii) Within 300 hours time-in-service or 100 landings, whichever
occurs later, following the immediately preceding visual inspection
accomplished in accordance with paragraph (a) of this AD.
(c) If no cracking is detected during the inspection required by
paragraph (b) of this AD, repeat the inspection thereafter at
intervals not to exceed 5,200 hours time-in-service.
(d) If any cracking is detected during the inspection required
by paragraph (b) of this AD: Prior to further flight, accomplish the
requirements of either paragraph (d)(1) or (d)(2) of this AD.
(1) Replace the truss mount assembly with a new assembly having
part number 360013-15, -19, or -23 (for the outboard truss mounts of
the No. 1 engine), or part number 360017-15, -19, or -23 (for the
inboard truss mounts of the No. 4 engine), as applicable, in
accordance with Hercules Structural Repair Manual (SRM), Document
Number SMP 583. Prior to the accumulation of 15,000 hours time-in-
service after installation of the engine truss mount assembly,
perform an ultrasonic inspection as specified in paragraph (b) of
this AD. Repeat that inspection thereafter at intervals not to
exceed 5,200 hours time-in-service. Or
(2) Replace the truss mount assembly with part number 360013-31
or subsequent (for the truss mounts in the No. 1 outboard engine),
or part number 360017-31 or subsequent (for the truss mounts of the
No. 4 inboard engine), as applicable, in accordance with SMP 583.
Such replacement constitutes terminating action for the requirements
of this AD.
(e) An alternative method of compliance or adjustment of the
compliance time that provides an acceptable level of safety may be
used if approved by the Manager, Atlanta ACO. Operators shall submit
their requests through an appropriate FAA Principal Maintenance
Inspector, who may add comments and then send it to the Manager,
Atlanta ACO.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Manager, Atlanta ACO.
(f) Special flight permits may be issued in accordance with
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the airplane to a location where
the requirements of this AD can be accomplished.
(g) The ultrasonic inspection shall be done in accordance with
Hercules Service Bulletin 382-71-20, dated March 18, 1994. This
incorporation by reference was approved by the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51. The general visual inspections shall be done in accordance with
Lockheed Alert Service Bulletin A382-71-19/A82-687, dated December
23, 1993. The incorporation by reference of this document was
approved previously by the Director of the Federal Register, in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51, as of February
18, 1994 (59 FR 5078, February 3, 1994). Copies may be obtained from
Lockheed Aeronautical Systems Support Company, Field Support
Department, Dept. 693, Zone 0755, 2251 Lake Park Drive, Smyrna,
Georgia 30080. Copies may be inspected at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or
at the FAA, Small Airplane Directorate, Atlanta Aircraft
Certification Office, Campus Building, Suite 2-160, 1701 Columbia
Avenue, College Park, Georgia; or at the Office of the Federal
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.
(h) This amendment becomes effective on July 15, 1996.
Issued in Renton, Washington, on June 3, 1996.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 96-14383 Filed 6-7-96; 8:45 am]
BILLING CODE 4910-13-U
Complete official Federal Register PDF
FR Doc. 96-14382 Airworthiness Directives; Fokker Model F28 Mark 0100 Series Airplanes
[Federal Register Volume 61, Number 112 (Monday, June 10, 1996)]
[Rules and Regulations]
[Pages 29277-29279]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14382]
-----------------------------------------------------------------------
[[Page 29278]]
DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 95-NM-164-AD; Amendment 39-9662; AD 96-12-19]
RIN 2120-AA64
Airworthiness Directives; Fokker Model F28 Mark 0100 Series
Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This amendment adopts a new airworthiness directive (AD),
applicable to certain Fokker Model F28 Mark 0100 series airplanes, that
requires installation of reinforcement plates under each hook latch
fitting on the frame of each large cargo door. For some airplanes, this
amendment requires inspections to detect cracking in the area around
each hook latch fitting, and repair, if necessary. This amendment is
prompted by the results of stress analyses and destructive tests which
revealed that fatigue-related cracking may develop in the vicinity of
the hook latch fittings on the frame of the large cargo doors. The
actions specified by this AD are intended to prevent reduced structural
integrity of the frames of the cargo door due to fatigue cracking,
which may lead to the cargo door(s) opening while the airplane is in
flight.
DATES: Effective July 15, 1996. The incorporation by reference of
certain publications listed in the regulations is approved by the
Director of the Federal Register as of July 15, 1996.
ADDRESSES: The service information referenced in this AD may be
obtained from Fokker Aircraft USA, Inc., 1199 North Fairfax Street,
Alexandria, Virginia 22314. This information may be examined at the
Federal Aviation Administration (FAA), Transport Airplane Directorate,
Rules Docket, 1601 Lind Avenue, SW., Renton, Washington; or at the
Office of the Federal Register, 800 North Capitol Street, NW., suite
700, Washington, DC.
FOR FURTHER INFORMATION CONTACT: Ruth Harder, Aerospace Engineer,
Standardization Branch, ANM-113, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (206)
227-1721; fax (206) 227-1149.
SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal
Aviation Regulations (14 CFR part 39) to include an airworthiness
directive (AD) that is applicable to certain Fokker Model F28 Mark 0100
series airplanes was published in the Federal Register on January 19,
1996 (61 FR 1294). That action proposed to require installation of
reinforcement plates under each hook latch fitting on the frame of each
large cargo door. For some airplanes, the action proposed to require
inspections to detect cracking in the area around each hook latch
fitting, and repair, if necessary.
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
the comments received.
Support for the Proposal
Two commenters support the proposed rule.
Request to Extend Proposed Compliance Time for Installation
One commenter requests that paragraph (a) of the rule be revised to
extend the compliance time for accomplishing the installation. The
commenter requests that the proposed compliance threshold of 11,000
flight cycles be extended to 16,000 flight cycles, and that the
proposed ``grace period'' of 500 flight cycles (after the effective
date of the AD) be extended to 2,200 flight cycles. This commenter, a
U.S. operator, requests this extension so that its remaining fleet of
affected airplanes can be modified during a regularly scheduled ``Q''
check (which occurs at approximately 16,000 flight cycles), and so that
this operator can avoid special scheduling of airplanes, which would
entail considerable expense over that estimated by the FAA's cost
impact analysis. This commenter considers the extension justified
because:
1. No cracks have been found on any of the airplanes that it has
modified so far, which have accumulated an average of 13,755 total
flight cycles; and
2. The proposed compliance threshold was based on only test data
and not on in-service experience.
The FAA does not concur with the commenter's request to extend the
compliance threshold. The proposed compliance time was developed not
only in consideration of the urgency of the safety implications, but in
consideration of normal maintenance schedules for timely accomplishment
of the modification, and the recommendations of both the airplane
manufacturer and the Netherlands airworthiness authority. The FAA
determined that 11,000 flight cycles is the maximum acceptable
threshold for accomplishing the installation without the need for
additional inspections. Any cracking that may develop in the subject
area during the period up to the accumulation of 11,000 total flight
cycles on the airplane can be fully repaired with the accomplishment of
the installation described in Fokker Service Bulletin SBF100-52-050,
Revision 1. However, if cracks are not detected and repaired by the
11,000-flight cycle threshold, they could grow to lengths such that the
installation would not be sufficient to ensure the long-term structural
integrity of the area associated with the cargo door frame, and may
even necessitate the replacement of the complete door frame.
In addition, if the compliance threshold were extended beyond the
11,000-flight cycle threshold to 16,000 flight cycles as requested by
the commenter, the FAA would find it necessary to require operators to
conduct inspections (to detect cracking) during the extended period.
Each inspection of the area would take approximately 4.5 hours to
accomplish, which is the same amount of time required to accomplish the
installation itself. Therefore, delaying the threshold for the
installation to 16,000 flight cycles by performing necessary repetitive
inspections in the meantime would not reduce operators' workload or
costs.
However, the FAA does concur with the commenter's request to extend
the ``grace period.'' The FAA has determined that the proposed ``grace
period'' of 500 flight cycles may be extended to 1,200 flight cycles,
without the need for repetitive inspections beyond the inspection
specified in paragraph (b) of the final rule. The FAA bases this
determination not only on the safety implications associated with the
unsafe condition, but on recent in-service data and inspection results.
Accordingly, the FAA has revised paragraph (a) of the final rule to
specify a ``grace period'' of 1,200 flight cycles.
Conclusion
After careful review of the available data, including the comments
noted above, the FAA has determined that air safety and the public
interest require the adoption of the rule with the changes previously
described. The FAA has determined that these changes will neither
increase the economic burden on any operator nor increase the scope of
the AD.
Cost Impact
The FAA estimates that 100 airplanes of U.S. registry will be
affected by this AD, that it will take approximately 4.5 work hours per
airplane to accomplish the required installation, and that the average
labor rate is $60 per work hour. Required parts will cost approximately
$10,000 per airplane. Based on these figures, the cost impact of the AD
on
[[Page 29279]]
U.S. operators is estimated to be $1,027,000, or $10,270 per airplane.
The FAA estimates that it would take approximately 4.5 work hours
per airplane to accomplish the required inspection (that is required
for certain airplanes), and that the average labor rate is $60 per work
hour. Based on these figures, the cost impact of the required
inspection on U.S. operators is estimated to be $270 per airplane.
The cost impact figures discussed above are based on assumptions
that no operator has yet accomplished any of the requirements of this
AD action, and that no operator would accomplish those actions in the
future if this AD were not adopted. However, the FAA has been advised
that the required installation already has been accomplished on at
least 8 affected airplanes; therefore, the future cost impact of this
AD is reduced by at least $82,160.
Regulatory Impact
The regulations adopted herein will not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government. Therefore, in
accordance with Executive Order 12612, it is determined that this final
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
For the reasons discussed above, I certify that this action (1) is
not a ``significant regulatory action'' under Executive Order 12866;
(2) is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and (3) will not have a
significant economic impact, positive or negative, on a substantial
number of small entities under the criteria of the Regulatory
Flexibility Act. A final evaluation has been prepared for this action
and it is contained in the Rules Docket. A copy of it may be obtained
from the Rules Docket at the location provided under the caption
ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (14 CFR part 39) as follows:
PART 39--AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding the following new
airworthiness directive:
96-12-19 Fokker: Amendment 39-9662. Docket 95-NM-164-AD.
Applicability: Model F28 Mark 0100 series airplanes; as listed
in Fokker Service Bulletin SBF100-52-050, Revision 1, dated
September 14, 1994; certificated in any category.
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
modified, altered, or repaired in the area subject to the
requirements of this AD. For airplanes that have been modified,
altered, or repaired so that the performance of the requirements of
this AD is affected, the owner/operator must request approval for an
alternative method of compliance in accordance with paragraph (c) of
this AD. The request should include an assessment of the effect of
the modification, alteration, or repair on the unsafe condition
addressed by this AD; and, if the unsafe condition has not been
eliminated, the request should include specific proposed actions to
address it.
Compliance: Required as indicated, unless accomplished
previously.
To prevent reduced structural integrity of the frame of the
large cargo door, which may lead to the cargo door(s) opening while
the airplane is in flight, accomplish the following:
(a) Prior to the accumulation of 11,000 total flight cycles, or
within 1,200 flight cycles after the effective date of this AD,
whichever occurs later, install two reinforcement plates under each
hook latch fitting on the frame of each large cargo door, in
accordance with the Accomplishment Instructions of Fokker Service
Bulletin SBF100-52-050, Revision 1, dated September 14, 1994.
(b) For airplanes that have accumulated 11,000 or more total
flight cycles at the time of compliance with paragraph (a) of this
AD: Concurrent with the accomplishment of the requirements of
paragraph (a) of this AD, perform an inspection to detect cracking
in the area around each hook latch fitting on the frame of each
large cargo door, in accordance with a method approved by the
Manager, Standardization Branch, ANM-113, FAA, Transport Airplane
Directorate.
(1) If no cracking is detected, no further action is required by
this paragraph.
(2) If any cracking is detected, prior to completing the
requirements of paragraph (a) of this AD, repair in accordance with
a method approved by the Manager, Standardization Branch, ANM-113.
(c) An alternative method of compliance or adjustment of the
compliance time that provides an acceptable level of safety may be
used if approved by the Manager, Standardization Branch, ANM-113.
Operators shall submit their requests through an appropriate FAA
Principal Maintenance Inspector, who may add comments and then send
it to the Manager, Standardization Branch, ANM-113.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Standardization Branch, ANM-113.
(d) Special flight permits may be issued in accordance with
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the airplane to a location where
the requirements of this AD can be accomplished.
(e) The installation shall be done in accordance with Fokker
Service Bulletin SBF100-52-050, Revision 1, dated September 14,
1994. This incorporation by reference was approved by the Director
of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR
part 51. Copies may be obtained from Fokker Aircraft USA, Inc., 1199
North Fairfax Street, Alexandria, Virginia 22314. Copies may be
inspected at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue, SW., Renton, Washington; or at the Office of the Federal
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.
(f) This amendment becomes effective on July 15, 1996.
Issued in Renton, Washington, on June 3, 1996.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 96-14382 Filed 6-7-96; 8:45 am]
BILLING CODE 4910-13-U
Complete official Federal Register PDF
FR Doc. 96-14369 Educational Assistance for Members of the Selected Reserve
[Federal Register Volume 61, Number 112 (Monday, June 10, 1996)]
[Rules and Regulations]
[Pages 29297-29311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14369]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
DEPARTMENT OF TRANSPORTATION
Coast Guard
DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 21
RIN 2900-AE43
Educational Assistance for Members of the Selected Reserve
AGENCIES: Department of Defense, Department of Transportation (Coast
Guard), and Department of Veterans Affairs.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document amends the regulations for the Montgomery GI
Bill--Selected Reserve program to reflect statutory changes by adding
for certain reservists new types of permissible training such as
apprenticeship and other on-job training, cooperative training, and
flight training; by liberalizing the eligibility provisions; and by
increasing the rates of payment. The regulations are also amended by
adding additional restatements of statute, interpretive rules, and
nonsubstantive changes.
DATES: Effective Date: This final rule is effective June 10, 1996.
Applicability Dates: The restatements of statute and VA's statutory
interpretations contained in this final rule will be applied
retroactively from
[[Page 29298]]
the effective dates of the statutory provisions. For more information
concerning the application of the provisions of this final rule, see
the SUPPLEMENTARY INFORMATION section.
FOR FURTHER INFORMATION CONTACT: June C. Schaeffer, Assistant Director
for Policy and Program Administration, Education Service, Veterans
Benefits Administration, Department of Veterans Affairs, (202) 273-
7187.
SUPPLEMENTARY INFORMATION: In a document published in the Federal
Register on September 2, 1994 (59 FR 45644), the Department of Defense,
the Department of Transportation (Coast Guard), and the Department of
Veterans Affairs proposed to amend the ``Educational Assistance for
Members of the Selected Reserve'' regulations which are set forth at 38
CFR Sec. 21.7500 et seq. It was proposed to amend the regulations to
implement provisions of the Veterans Education and Employment
Amendments of 1989 (Title IV of Pub. L. 101-237), the National Defense
Authorization Act for Fiscal Years 1990 and 1991 (Pub. L. 101-189), and
the Veterans Education and Employment Programs Amendments (Pub. L. 102-
16) that affected the Montgomery GI Bill--Selected Reserve program.
Interested persons were given 60 days to submit comments. One comment
was received. The comment, signed by six students at a university,
urged that the proposed rule be adopted.
Based on the rationale set forth in the proposed rule document, we
are adopting the provisions of the proposed rule as a final rule,
except as otherwise explained below.
Prior to the effective date of this document, as a prerequisite for
VA educational assistance, reservists in courses not leading to a
standard college degree were required to submit to VA a monthly report
endorsed by the educational institution stating each day of absence
from scheduled attendance. The proposed rule would have deleted such
requirements for reservists in a course not leading to a standard
college degree. We are adopting this portion of the proposal. It was
proposed with certain exceptions to establish new reporting
requirements for reservists both in courses leading to a standard
college degree and in courses not leading to a standard college degree.
In this regard, it was proposed to require all reservists other than
those in flight training or correspondence courses to submit a
verification (without endorsement of educational institutions) of
continued pursuit of the reservist's program of education before
monthly benefits were paid. The proposed provisions concerning
verification of pursuit are not adopted for reservists in courses
leading to a standard college degree but are adopted for reservists in
courses (other than flight or correspondence courses) not leading to a
standard college degree. Experience in similar programs has shown that
because of frequent changes in enrollment it is necessary to continue
to obtain monthly reports from the small percentage of reservists in
courses not leading to a standard college degree. However, the proposed
provisions concerning verification of pursuit for reservists in courses
leading to a standard college degree are not adopted because VA simply
does not have resources at this time to process the verifications.
Restatements of Statutory Provisions and Other Conforming Changes
Changes are made to the final rule to include restatements of
statutes and other conforming changes as follows:
1. Section 21.7636 is amended to reflect that the Persian Gulf
Supplemental Authorization and Personnel Benefits Act of 1991 (Pub. L.
102-25), the Veterans' Benefit Act of 1992 (Pub. L. 102-568), and the
Omnibus Budget Reconciliation Act of 1993 (Pub. L. 103-66) changed the
monthly rates of educational assistance payable to reservists beginning
October 1, 1991, for training full time, three quarters time, and half
time under the Montgomery GI Bill--Selected Reserve program. Section
21.7636 is also amended by making corresponding changes for training
one quarter time, which under the regulations is one quarter the amount
of full time.
2. Sections 21.7540, 21.7622, 21.7635(r), and 21.7639 (f) and (k)
are amended to reflect that Public Law 101-189 added with respect to
training that may be pursued under the Montgomery GI Bill--Selected
Reserve program certain liberalizing provisions that it applied only to
a reservist who, after September 30, 1990, makes a new commitment to
serve six years in the Selected Reserve. Accordingly, those sections of
the regulations are amended to reflect that such a reservist, if
otherwise eligible, may pursue under the Montgomery GI Bill--Selected
Reserve program: a course that is offered by an educational institution
which is not an institution of higher learning; a correspondence
course; a program of education leading to a standard college degree
offered solely by independent study; a refresher, remedial, or
deficiency course; a cooperative course; an apprenticeship or other on-
job training; and a flight course.
3. Section 21.7576 is amended to reflect the provisions in Public
Law 101-189 concerning how VA will apply entitlement charges to flight
training, correspondence training, cooperative training, and
apprenticeship or other on-job training.
4. Changes are made to Secs. 21.7540(b)(3)(iii), 21.7620(c),
21.7622(f)(vi), and 21.7722 to reflect that Public Law 102-568 changed
the provisions with respect to approval for VA educational assistance
to add a requirement that an independent study program must be
accredited, except that such requirement is not added for a reservist
who, as of October 29, 1992, was receiving educational assistance for
pursuit of an independent study program, and who has remained
continuously enrolled in that program.
5. Sections 21.7631(a) and 21.7642(e) are amended to reflect that
the National Defense Authorization Act for Fiscal Year 1993 (Public Law
102-484) provides that a reservist who enters a program of job training
under the Service Members Occupational Conversion and Training Act of
1992 (SMOCTA) is barred from receiving educational assistance under the
Montgomery GI Bill--Selected Reserve program for the same period for
which SMOCTA assistance is paid.
6. Section 21.7635(a) is amended to reflect that Public Law 102-568
provides that when a reservist receives an advance payment of
educational assistance and dies during the period covered by the
advance payment, the ending date of educational assistance is the last
date of the advance payment period.
7. Section 21.7639(a) is amended to reflect that Public Law 101-237
repealed certain provisions concerning payment reductions resulting
from excessive absences.
8. Section 21.7639 (f)(1) and (2) is amended to reflect that Public
Law 102-568 repealed certain provisions concerning the rate of payment
for a program pursued in whole or in part by independent study.
9. Section 21.7645(e) is amended to reflect that Public Law 102-568
limits work-study advance payments to 50 times the hourly wage
specified in the work-study contract for reservists eligible for
educational assistance under the Montgomery GI Bill--Selected Reserve
program who participate in VA's work-study program.
10. Section 21.7672 is amended to reflect that Public Law 102-568
revised the course measurement provisions that determine whether a
reservist's
[[Page 29299]]
enrollment under the Montgomery GI Bill--Selected Reserve program is
full time, three-quarter time, half time, or one-quarter time.
11. Section 21.7722 is amended to reflect that Public Law 102-568
specifically allows approval of certain courses for training an
individual to become a nurse's aide.
12. Sections 21.7540(b), 21.7620(d), 21.7622(f), 21.7670, and
21.7722 are amended to reflect that Public Law 103-160 makes graduate
training available under the Montgomery GI Bill--Selected Reserve
program.
13. Section 21.7520(b) is amended to reflect that Public Law 103-
446 contains a provision that requires any entity offering an
alternative teacher certification program to be considered to be an
educational institution for VA purposes during the period beginning on
November 2, 1994, and ending on September 30, 1996.
14. Section 21.7520(b) is amended to reflect that Public Law 103-
446 prohibits VA from supervising the State approving agencies (SAAs)
that approve courses for VA training.
Interpretations
As discussed above, Public Law 102-568 provides that the
prohibition against VA payment of educational assistance for
nonaccredited independent study programs does not apply to a reservist
who, as of October 29, 1992, was receiving educational assistance for
pursuit of an independent study program, and who has remained
continuously enrolled in that program. This document adds a definition
of ``continuously enrolled'' as meaning being in an enrolled status at
an educational institution for each day during the ordinary school year
and for consecutive school years. In this regard, continuity of
enrollment is not considered broken by holiday vacations, vacation
periods, periods during the school year between terms, quarters, or
semesters, or by nonenrollment during periods of enrollment outside the
ordinary school year (e.g., summer sessions). We believe this is
consistent with its common meaning and the congressional intent. We
have also provided in Sec. 21.7620(c)(4) that whether or not a
reservist is ``enrolled'' will be determined by the regularly
prescribed standards and practices of the educational institution
offering the course or unit subject. Further, in determining whether
payment may be made for a nonaccredited course or unit subject offered
entirely or partly by independent study, we interpret the term
``independent study program'', consistently with the definition of
independent study found in Sec. 21.4267, to mean a course or unit
subject that is offered entirely or partly by independent study as well
as an entire program of education of which such nonaccredited course or
unit subject is a required part. We believe that our use of the terms
``enrolled'' and ``independent study program'' are consistent with
congressional intent.
Public Law 102-484 provided exceptions to the general rule that on
the date a reservist ceases to be in the Selected Reserve, the
reservist loses eligibility for educational assistance under the
Montgomery GI Bill--Selected Reserve program. However, as noted above,
these exceptions do not apply to a reservist who ceases to be a
reservist because the Secretary of a military department needs to
reduce the number of members in certain grades or who have completed a
certain number of years of service, or the number of members who
possess certain military skills or are serving in designated
competitive categories. For such a reservist, VA will determine which
of the rules concerning the ending dates of eligibility apply to the
reservist. (For example, the rules concerning discharge for disability,
leaving the Selected Reserves in the middle of a school term, etc., may
apply to such a reservist). In this regard, Sec. 21.7550 is amended to
provide that if more than one rule applies, VA will apply the one that
is the most advantageous to the reservist. We believe that this
interpretation is in agreement with congressional intent.
Public Law 102-568 sets forth criteria for measuring full-time
enrollment for trade courses, technical courses, and undergraduate
courses. These courses are measured by the educational institution on
either a clock-hour or a credit-hour basis. The current regulations
already set forth formulas for converting clock hours into credit
hours, and vice versa. In our view, the provisions of Public Law 102-
568 require that all hours be measured consistent with the statutory
measurement criteria applicable to the primary institution.
Accordingly, the regulations at Sec. 21.7673 are amended to reflect
this requirement.
As noted above, Public Law 103-446 contains a provision that
requires any entity offering an alternative teacher certification
program to be considered to be an educational institution for VA
purposes during the period beginning on November 2, 1994, and ending on
September 30, 1996. This final rule defines ``alternative teacher
certification program'' as follows:
The term alternative teacher certification program, for the
purposes of determining whether an entity offering such a program is
a school, educational institution, or institution [as elsewhere
defined in this section], means a program leading to a teacher's
certificate that allows individuals with a bachelor's degree or
graduate degree to obtain teacher certification without enrolling in
an institution of higher learning.
We believe this is consistent with the congressional intent.
As noted above, under the provisions of Public Law 102-568 payments
of educational assistance could under certain circumstances be
terminated for reservists enrolled in a nonaccredited independent study
course. This document provides that educational assistance would
terminate from the date the course loses accreditation. VA believes
that usually the State approving agency would make its date of
withdrawal of approval effective on the date of the loss of
accreditation. Rather than have VA continue to pay benefits to someone
while waiting for a State approving agency to act, only to have those
payments become an overpayment when the SAA formally withdraws approval
retroactively to the effective date of the loss of accreditation, this
final rule provides that the effective date of termination of payment
of educational assistance for pursuit of such a course is the date on
which the course loses its accreditation. VA believes this approach
accords with the intent of the statutory prohibition concerning payment
for nonaccredited independent study courses.
Other Nonsubstantive Changes
Further, this final rule makes nonsubstantive changes to correct
typographical errors, to clarify provisions, and to update legal
citations.
Dates of Application
Restatements of statute and statutory interpretations made by this
final rule will be applied retroactively from the effective dates of
the statutory provisions. The dates of application for such changes and
for certain of the nonsubstantive changes made for clarity, to correct
typographical errors, or to reflect statutory recodification changes
are as follows:
December 18, 1989: Secs. 21.7639(a); 21.7640(a)(2); 21.7642 (a)(7),
(a)(8), and (a)(9); 21.7653; 21.7654; and 21.7672(d).
May 1, 1990: Sec. 21.7645 (a), (b), (c), (d), (e)(1), (f), (g), and
(h).
September 30, 1990: Secs. 21.7520(b)(19)(i)(E); 21.7576 (a)(1), (b)(5),
and (b)(7); 21.7620 (b)(1)(i), (b)(1)(ii)(A), (B), (C), and (D), and
(2);
[[Page 29300]]
21.7639(i); 21.7640(a)(5); and 21.7670(b).
October 1, 1990: Secs. 21.7520 (b)(1), (b)(17), (b)(19)(i)(A), (B),
(C), and (D), and (ii), (b)(20), (b)(23)(i), (ii), and (iii), (b)(30),
(b)(31), and (b)(32); 21.7540 (a) and (b); 21.7576 (a)(2), (a)(3),
(a)(4), (b)(1), (b)(2), (b)(3), (b)(4), and (b)(6); 21.7612; 21.7622
(f)(1), (f)(2), (f)(4)(i), (ii), (iii), (iv), and (v); 21.7624;
21.7631(a)(1) and headings for paragraphs (b) and (c); 21.7635 (b)(3),
(b)(4), (b)(5), and (r); 21.7636(a)(2)(ii) and (b); 21.7639(f), (g),
(h), (j), and (k); 21.7640 (a)(1), (a)(3), (a)(4), and (b)(1); 21.7674;
21.7700(a); 21.7720 (a) and (b); 21.7722 (a)(1) and (a)(2); and
21.7722(b).
October 23, 1992: Secs. 21.7550; 21.7631(g); 21.7635 (w) and (x);
21.7642(e)(2); and 21.7700(f).
October 29, 1992: Secs. 21.7520 (b)(11) and (b)(34); 21.7620(c);
21.7622(f)(4)(vi); 21.7635 (a) and (v); 21.7645(e)(2); 21.7670(f);
21.7700(g); 21.7722(a)(3); and the removal of Sec. 21.7670(d).
July 1, 1993: Secs. 21.7672 (b)(1), (b)(3), (b)(4), (b)(5), (c), (e),
and (f); and 21.7673.
November 30, 1993: Secs. 21.7620(d); 21.7622(f)(3); 21.7670, heading
and introductory text; and 21.7622, introductory text and the removal
of Sec. 21.7722, introductory text, and paragraphs (c), (d), (e), (f),
(g), (h) (i), (j), (k), (l), (m), (n), and (o).
October 1, 1994: Sec. 21.7620(b)(1)(ii)(E).
November 2, 1994: Secs. 21.7520(b)(23)(iv) and (b)(35); and 21.7700,
introductory text.
The effective date for Sec. 21.7636(a)(1) and (a)(3) is June 10,
1996. However, VA will apply the rates stated in those paragraphs
retroactively to training completed in the past as stated in those
paragraphs.
The amendments to the following are for clarification and for the
purpose of eliminating typographical errors, or are authority
citations: Secs. 21.7639 section heading, (b)(1), and (e);
21.7642(a)(6); and 21.7700, authority citation. The effective date of
these provisions is June 10, 1996.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act, the information
collection or recordkeeping requirements included, in whole or in part,
in this final rule have been approved by the Office of Management and
Budget (OMB) under OMB control numbers 2900-0073, 2900-0552, and 2900-
0553 (see Secs. 21.7640, 21.7653, and 21.7654).
As noted above, the proposed reporting requirements for
verification of pursuit, which were approved under OMB control number
2900-0553, are not adopted for reservists in courses leading to a
standard college degree. The reporting burden per response will not
change. However, fewer reservists will be required to report.
Under the Paperwork Reduction Act of 1995, no persons are required
to respond to a collection of information unless it displays a valid
OMB control number. The valid OMB control numbers assigned to the
collections of information in these final regulations are displayed at
the end of the affected sections of the regulations.
Administrative Procedure Act
In addition to the adoption of provisions based on the proposed
rule, this final rule consists of changes not subject to the notice and
comment provisions of 5 U.S.C. 553, i.e., interpretive rules and
nonsubstantive changes.
Regulatory Flexibility Act
The Secretary of Defense, the Commandant of the Coast Guard, and
the Secretary of Veterans Affairs hereby certify that this final rule
will not have a significant economic impact on a substantial number of
small entities as they are defined in the Regulatory Flexibility Act, 5
U.S.C. 601-612. This final rule in large part directly affects only
individuals. Although it is possible that a small-entity (small-entity
school) could be affected by this rulemaking, the number of individuals
affected at the school would in all likelihood be an insignificant
portion of the student body. Pursuant to 5 U.S.C. 605(b), this final
rule, therefore, is exempt from the initial and final regulatory
flexibility analyses requirements of Secs. 603 and 604.
Catalog of Federal Domestic Assistance
There is no Catalog of Federal Domestic Assistance number for the
program affected by this final rule.
List of Subjects in 38 CFR Part 21
Administrative practice and procedure, Armed forces, Civil rights,
Claims, Colleges and universities, Conflict of interests, Defense
Department, Education, Employment, Grant programs--education, Grant
programs--veterans, Health care, Loan programs--education, Loan
programs--veterans, Manpower training programs, Reporting and
recordkeeping requirements, Schools, Travel and transportation
expenses, Veterans, Vocational education, Vocational rehabilitation.
Approved: May 17, 1996.
Jesse Brown,
Secretary of Veterans Affairs.
Approved: May 29, 1996.
Al H. Bemis,
Deputy Assistant Secretary of Defense for Reserve Affairs (M&P).
Approved: May 31, 1996.
R.M. Larrabee,
Rear Admiral, U.S. Coast Guard, Director of Reserve and Training.
For the reasons set out in the preamble, 38 CFR part 21 (subpart L)
is amended as set forth below.
PART 21--VOCATIONAL REHABILITATION AND EDUCATION
Subpart L--Educational Assistance for Members of the Selected
Reserve
1. The authority citation for part 21, subpart L is revised to read
as follows:
Authority: 10 U.S.C. ch. 1606; 38 U.S.C. 501, ch. 36, unless
otherwise noted.
2. In Sec. 21.7520, paragraph (b)(11) is amended by removing
``Sec. 21.4280(c)'' and adding, in its place, ``Sec. 21.4267(b)''; and
paragraphs (b)(1), (b)(17), (b)(19), (b)(20), and (b)(23) are revised,
and paragraphs (b)(30), (b)(31), (b)(32), (b)(33), and (b)(35) are
added, to read as follows:
Sec. 21.7520 Definitions.
* * * * *
(b) Other definitions. (1) Attendance. The term attendance means
the presence of a reservist--
(i) In the class where the approved course in which he or she is
enrolled is taught;
(ii) At a training establishment; or
(iii) In any other place of instruction, training, or study
designated by the educational institution or training establishment
where the reservist is enrolled and is pursuing a program of education.
(Authority: 10 U.S.C. 2131(c)(1), 2136(b); 38 U.S.C. 3474; sec.
705(a)(1), Pub. L. 98-525, 98 Stat. 2565, 2567; sec. 642, Pub. L.
101-189, 103 Stat. 1456-1458)
* * * * *
(17) Program of education. A program of education--
(i) Is any unit course or subject or combination of unit courses or
subjects pursued by a reservist at an educational institution, required
by the Administrator of the Small Business Administration as a
condition to obtaining financial assistance under the provisions of 15
U.S.C. 636; or
(ii) Is a combination of subjects or unit courses pursued at an
educational institution, which combination is
[[Page 29301]]
generally accepted as necessary to meet requirements for a
predetermined educational, professional, or vocational objective. It
may consist of subjects or courses which fulfill requirements for more
than one objective if all objectives pursued are generally recognized
as being related to a single career field; and
(iii) Includes an approved full-time program of apprenticeship or
of other on-job training.
(Authority: 10 U.S.C. 2131; 38 U.S.C. 3452(b); sec. 705(a)(1), Pub.
L. 98-525, 98 Stat. 2565, 2567; secs. 642(a), (b), (d), 645, Pub. L.
101-189, 103 Stat. 1456-1458)
* * * * *
(19) Pursuit.
(i) The term pursuit means work, while enrolled, toward the
objective of a program of education. This work must be in accordance
with approved institutional policy and regulations, and with applicable
criteria of 10 U.S.C. and 38 U.S.C.; must be necessary to reach the
program's objective; and must be accomplished through--
(A) Resident courses;
(B) Independent study;
(C) Correspondence courses;
(D) An apprenticeship or other on-job training program; or
(E) Flight courses.
(Authority: 10 U.S.C 2131, 2136; 38 U.S.C. 3680(g); sec. 705(a)(1),
Pub. L. 98-525, 98 Stat. 2565, 2567; secs. 642, 645, Pub. L. 101-
189, 103 Stat. 1456-1458)
(ii) VA will consider a reservist who qualifies for payment during
an interval, school closing, or holiday vacation to be in pursuit of a
program of education during the interval, school closing, or holiday
vacation.
(Authority: 10 U.S.C. 2136(b); 38 U.S.C. 3680(g); sec. 705(a)(1),
Pub. L. 98-525, 98 Stat. 2565, 2567; sec. 642(c), (d), Pub. L. 101-
189, 103 Stat. 1457-1458)
(20) Refresher course. The term refresher course means either:
(i) A course at the elementary or secondary level to review or
update material previously covered in a course that has been
satisfactorily completed; or
(ii) A course which permits an individual to update knowledge and
skills or be instructed in the technological advances which have
occurred in the reservist's field of employment since his or her entry
on active duty and which is necessary to enable the individual to
pursue an approved program of education.
(Authority: 10 U.S.C. 2131(b), (c); sec. 705(a)(1), Pub. L. 98-525,
98 Stat. 2565; secs. 642(a), (b), (d), 645(a), (b), Pub. L. 101-189,
103 Stat. 1456-1458))
* * * * *
(23) School, educational institution, institution. The terms
school, educational institution, and institution mean:
(i) A vocational school or business school;
(ii) A junior college, teachers' college, college, normal school,
professional school, university, or scientific or technical
institution;
(iii) A public or private elementary school or secondary school
which offers courses for adults, provided that the courses lead to an
objective other than an elementary school diploma, a high school
diploma, or their equivalents; or
(iv) Any entity, during the period beginning on November 2, 1994,
and ending on September 30, 1996, other than an institution of higher
learning, that provides training required for completion of a State-
approved alternative teacher certification program.
(Authority: 10 U.S.C. 2131(a), (c); 38 U.S.C. 3002, 3452; sec.
705(a)(1), Pub. L. 98-525, 98 Stat. 2565; sec. 642(a), (b), (d),
Pub. L. 101-189, 103 Stat. 1456-1458)
* * * * *
(30) Cooperative course. The term cooperative course means a full-
time program of education which consists of institutional courses and
alternate phases of training in a business or industrial establishment
with the training in the business or industrial establishment being
strictly supplemental to the institutional portion.
(Authority: 10 U.S.C. 2131(e); 38 U.S.C. 3686; sec. 642(b), (d),
Pub. L. 101-189, 103 Stat. 1456-1458)
(31) Established charge. The term established charge means the
lesser of--
(i) The charge for the correspondence course or courses determined
on the basis of the lowest extended time payment plan offered by the
educational institution and approved by the appropriate State approving
agency; or
(ii) The actual charge to the reservist.
(Authority: 10 U.S.C. 2131(f); sec. 642(b), (d), Pub. L. 101-189,
103 Stat. 1456-1458)
(32) Training establishment. The term training establishment means
any establishment providing apprentice or other on-job training,
including those under the supervision of a college, university, any
State department of education, any State apprenticeship agency, any
State board of vocational education, any joint apprenticeship
committee, the Bureau of Apprenticeship and Training established in
accordance with 29 U.S.C. chapter 4C, or any agency of the Federal
government authorized to supervise such training.
(Authority: 10 U.S.C. 2131(d), 16136(b); 38 U.S.C. 3452(e); sec.
642(b), (d), Pub. L. 101-189, 103 Stat. 1456-1458)
(33) Continuously enrolled. The term continuously enrolled means
being in an enrolled status at an educational institution for each day
during the ordinary school year, and for consecutive school years.
Consequently, continuity of enrollment is not broken by holiday
vacations, vacation periods, periods during the school year between
terms, quarters, or semesters, or by nonenrollment during periods of
enrollment outside the ordinary school year (e.g., summer sessions).
(Authority: 10 U.S.C. 16136(b))
* * * * *
(35) Alternative teacher certification program. The term
alternative teacher certification program, for the purposes of
determining whether an entity offering such a program is a school,
educational institution, or institution as defined in paragraph
(b)(23)(iv) of this section, means a program leading to a teacher's
certificate that allows individuals with a bachelor's degree or
graduate degree to obtain teacher certification without enrolling in an
institution of higher learning.
(Authority: 10 U.S.C. 16136; 38 U.S.C. 3452(c))
3. In Sec. 21.7540, paragraphs (b) and (c) are redesignated as
paragraphs (c) and (d), respectively; and paragraph (a) is revised, and
a new paragraph (b) is added, to read as follows:
Sec. 21.7540 Eligibility for educational assistance.
(a) Basic eligibility requirements. The Armed Forces will determine
whether a reservist is eligible to receive benefits pursuant to 10
U.S.C. chapter 1606 (or 10 U.S.C. chapter 106 as in effect before
December 1, 1994). To be eligible a reservist--
(1) Shall:
(i) Enlist, reenlist, or extend an enlistment as a Reserve for
service in the Selected Reserve so that the total period of obligated
service is at least six years from the date of such enlistment,
reenlistment, or extension; or
(ii) Be appointed as, or be serving as, a reserve officer and agree
to serve in the Selected Reserve for a period of not less than six
years in addition to any other period of obligated service in the
Selected Reserve to which the person may be subject;
(2) Must complete his or her initial period of active duty for
training;
(3) Must be participating satisfactorily in the Selected Reserve;
and
(4) Must not have elected to have his or her service in the
Selected Reserve
[[Page 29302]]
credited toward establishing eligibility to benefits provided under 38
U.S.C. chapter 30.
(Authority: 10 U.S.C. 2132; 38 U.S.C. 3033(c); sec. 705(a)(1), Pub.
L. 98-525, 98 Stat. 2565; sec. 4, Pub. L. 100-48, 101 Stat. 331;
secs. 643, 645, Pub. L. 101-189, 103 Stat. 1458)
(b) Eligibility requirements for expanded benefits. (1) A reservist
shall be eligible to pursue all types of training described in subpart
L of this part regardless of whether he or she has received a
baccalaureate degree or equivalent evidence of completion of study if--
(i) After September 30, 1990, he or she takes one of the actions
described in paragraph (a)(1)(i) or (a)(1)(ii) of this section;
(ii) The reservist meets the criteria of paragraphs (a)(2) through
(a)(4) of this section; and
(iii) The reservist does not have his or her eligibility limited as
described in paragraph (c) of this section.
(2) A reservist shall be eligible to pursue all types of training
described in subpart L of this part except the training described in
paragraph (b)(3) of this section if--
(i) After June 30, 1985, but not after September 30, 1990, he or
she takes one of the actions described in paragraph (a)(1) or (a)(2) of
this section;
(ii) The reservist has not received a baccalaureate degree or the
equivalent evidence of completion of study;
(iii) The reservist meets all the other eligibility criteria of
paragraph (a) of this section; and
(iv) The reservist does not have his or her eligibility limited by
paragraph (c) of this section.
(3) The types of training which a reservist described in paragraph
(b)(1) of this section may pursue, but which may not be pursued by a
reservist described in paragraph (b)(2), are:
(i) A course which is offered by an educational institution which
is not an institution of higher learning (to determine if a nursing
course is offered by an institution of higher learning, see
Sec. 21.7622(f));
(ii) A correspondence course;
(iii) A program of education leading to a standard college degree
offered solely by independent study (but see Sec. 21.7622(f) concerning
enrollment in a nonaccredited independent study course after October
28, 1992);
(iv) A refresher, remedial or deficiency course;
(v) A cooperative course;
(vi) An apprenticeship or other on-job training; and
(vii) A flight course.
(Authority: 10 U.S.C. 2131, 2132, 2136; sec. 705(a)(1), Pub. L. 98-
525, 98 Stat. 2565, 2567; secs. 642, 643, 645, Pub. L. 101-189, 103
Stat. 1456-1458)
* * * * *
4. In Sec. 21.7550, paragraph (a), introductory text, is revised,
and paragraph (d) is added, to read as follows:
Sec. 21.7550 Ending dates of eligibility.
(a) Time limit on eligibility. Except as provided in Sec. 21.7551
and paragraphs (a)(3), (b), (c), and (d) of this section, a reservist's
period of eligibility expires effective the earlier of the following
dates:
* * * * *
(d) Unit deactivated. (1) Except as provided in paragraph (d)(3) or
(d)(4) of this section, the period of eligibility of a reservist,
eligible for educational assistance under this subpart, who ceases to
be a member of the Selected Reserve during the period beginning October
1, 1991, and ending September 30, 1999, under either of the conditions
described in paragraph (d)(2) of this section, will expire on the date
10 years after the date the reservist becomes eligible for educational
assistance.
(2) The conditions referred to in paragraph (d)(1) of this section
for ceasing to be a member of the Selected Reserve are:
(i) The deactivation of the reservist's unit of assignment; and
(ii) The reservist's involuntarily ceasing to be designated as a
member of the Selected Reserve pursuant to 10 U.S.C. 10143(a).
(3) The provisions of paragraphs (d)(1) and (d)(2) of this section
do not apply if the reservist ceases to be a member of the Selected
Reserve under adverse conditions, as characterized by the Secretary of
the military department concerned. The expiration of such a reservist's
period of eligibility will be on the date the reservist ceases, under
adverse conditions, to be a member of the Selected Reserve.
(4) A reservist's period of eligibility will expire if he or she is
a member of a reserve component of the Armed Forces and (after having
involuntarily ceased to be a member of the Selected Reserve) is
involuntarily separated from the Armed Forces under adverse conditions,
as characterized by the Secretary of the military department concerned.
The expiration of such a reservist's period of eligibility will be on
the date the reservist is involuntarily separated under adverse
conditions from the Armed Forces.
(Authority: 10 U.S.C. 16133)
5. In Sec. 21.7576, paragraphs (a), (b)(1), and (b)(2) are revised,
and paragraphs (b)(3), (b)(4), (b)(5), (b)(6), and (b)(7) are added, to
read as follows:
Sec. 21.7576 Entitlement charges.
(a) Overview. VA will make charges against entitlement as stated in
this section. Charges are based upon the principle that a reservist who
trains full time for one day should be charged one day of entitlement,
except for those pursuing:
(1) Flight training;
(2) Correspondence training;
(3) Cooperative training; or
(4) Apprenticeship or other on-job training.
(Authority: 10 U.S.C. 2131(c); sec. 705(a)(1), Pub. L. 98-525, 98
Stat. 2565; sec. 642(a), (b), (d), Pub. L. 101-189, 103 Stat. 1456-
1458)
(b) Determining entitlement charge. * * *
(1) Except for those pursuing flight training, correspondence
training, cooperative training, apprenticeship or other on-job
training, VA will make a charge against entitlement--
(i) On the basis of total elapsed time (one day for each day of
pursuit for which the reservist is paid educational assistance) if the
reservist is pursuing the program of education on a full-time basis; or
(ii) On the basis of a proportionate rate of elapsed time, if the
reservist is pursuing the program of education on a three-quarter, one-
half, or one-quarter-time basis.
(2) VA will compute elapsed time from the commencing date of the
award of educational assistance to the date of discontinuance. If the
reservist changes his or her training time after the commencing date of
the award, VA will--
(i) Divide the enrollment period into separate periods of time
during which the reservist's training time remains constant; and
(ii) Compute the elapsed time separately for each time period.
(3) For each month that a reservist is paid a monthly educational
assistance allowance while undergoing apprenticeship or other on-job
training, VA will make a charge against entitlement of--
(i) .75 of a month in the case of payments made during the first
six months of the reservist's pursuit of the program of apprenticeship
or other on-job training;
(ii) .55 of a month in the case of payments made during the second
six months of the reservist's pursuit of the program of apprenticeship
or other on-job training; and
(iii) .35 of a month in the case of payments made following the
first
[[Page 29303]]
twelve months of the reservist's pursuit of the program of
apprenticeship or other on-job training.
(4) When a reservist is pursuing a program of education by
correspondence, VA will make a charge against entitlement for each
payment made to him or her. The charge will be made in months and
decimal fractions of a month, as determined by dividing the amount of
the payment by an amount equal to the rate stated in Sec. 21.7636(a)(1)
as the rate otherwise applicable to the reservist for full-time
training.
(5) When a reservist is pursuing a program of education partly in
residence and partly by correspondence, VA will make a charge against
entitlement--
(i) For the residence portion of the program as provided in
paragraphs (b)(1) and (b)(2) of this section; and
(ii) For the correspondence portion of the program as provided in
paragraph (b)(4) of this section.
(6) When a reservist is pursuing a program of education through
cooperative training, VA will make a charge against entitlement of .8
of a month for each month in which the reservist is receiving payment
at the rate for cooperative training. If the reservist is pursuing
cooperative training for a portion of a month, VA will make a charge
against entitlement on the basis of total elapsed time (.8 of a day for
each day of pursuit).
(Authority: 10 U.S.C. 2131(c), (d); sec. 705(a)(1), Pub. L. 98-525,
98 Stat. 2565; sec. 642(b), (d), Pub. L. 101-189, 103 Stat. 1456-
1458)
(7) When a reservist is pursuing a program of education through
flight training, VA will make a charge against entitlement at the rate
of one month for each amount equal to the monthly rate stated in
Sec. 21.7636(a)(1) as applicable for the month in which the training
occurred.
(Authority: 10 U.S.C. 16136(c))
* * * * *
6. In Sec. 21.7612, the introductory text and paragraph (a) are
revised to read as follows:
Sec. 21.7612 Programs of education combining two or more types of
courses.
An approved program may consist of courses offered by two
educational institutions concurrently, or courses offered through class
attendance and by television concurrently. An educational institution
may contract the actual training to another educational institution,
provided the course is approved by the State approving agency having
approval jurisdiction over the educational institution actually
providing the training.
(a) Concurrent enrollment. When a reservist cannot schedule his or
her complete program at one educational institution, VA may approve a
program of concurrent enrollment. When requesting such a program, the
reservist must show that his or her complete program of education is
not available at the educational institution in which he or she will
pursue the major portion of his or her program (the primary educational
institution), or that it cannot be scheduled within the period in which
he or she plans to complete his or her program. A reservist who is
limited in the types of courses he or she may pursue, as provided in
Sec. 21.7540 (b)(2) and (b)(3), may pursue courses only at an
institution of higher learning. If such a reservist cannot complete his
or her program at one institution of higher learning, VA may approve a
concurrent enrollment only if both the educational institutions the
reservist enrolls in are institutions of higher learning.
(Authority: 10 U.S.C. 2131(c), 2136(b); 38 U.S.C. 3680(g); sec.
705(a)(1), Pub. L. 98-525, 98 Stat. 2565, 2567; sec. 642, Pub. L.
101-189, 103 Stat. 1456-1458)
* * * * *
7. In Sec. 21.7620, paragraph (a) is amended by removing
``21.7520(n) of this part'' and adding, in its place,
``21.7520(b)(17)''; and paragraphs (b) and (c) are revised, and
paragraph (d) is added, to read as follows:
Sec. 21.7620 Courses included in programs of education.
* * * * *
(b) Flight training. (1) VA may pay educational assistance for an
enrollment in a flight training course when--
(i) An institution of higher learning offers the course for credit
toward the standard college degree the reservist is pursuing; or
(ii) When:
(A) The reservist is eligible to pursue flight training as provided
in Sec. 21.7540(b)(1) and (b)(3);
(B) The State approving agency has approved the course;
(C) A flight school is offering the course;
(D) The reservist's training meets the requirements of
Sec. 21.4263(b)(1);
(E) The reservist meets the requirements of Sec. 21.4263(a); and
(F) The training for which payment is made occurs after September
29, 1990.
(2) VA will not pay educational assistance for an enrollment in a
flight training course when the reservist is pursuing an ancillary
flight objective.
(Authority: 10 U.S.C. 16131, 16136(c)(1); 38 U.S.C. 3034)
(c) Independent study. (1) VA will pay educational assistance to a
reservist who is limited in the types of courses he or she may pursue,
as provided in Sec. 21.7540(b)(2) and (b)(3), for an enrollment in any
course or unit subject offered by independent study only when the
reservist is enrolled concurrently in one or more courses or unit
subjects offered by resident training.
(2) Only a reservist who meets the requirements of
Sec. 21.7540(b)(1) may be paid educational assistance for an enrollment
in an independent study course or unit subject leading to a standard
college degree without a simultaneous enrollment in a course or unit
subject offered by resident training.
(3) Except as provided in paragraph (c)(4) of this section and
subject to the restrictions found in paragraph (c)(1) of this section,
effective October 29, 1992, VA may pay educational assistance to a
reservist who is enrolled in a nonaccredited course or unit subject
offered entirely or partly by independent study only if--
(i) Successful completion of the nonaccredited course or unit
subject is required in order for the reservist to complete his or her
program of education and the reservist:
(A) Was receiving educational assistance on October 29, 1992, for
pursuit of the program of education of which the nonaccredited
independent study course or unit subject forms a part; and
(B) Has remained continuously enrolled in the program of education
of which the nonaccredited independent study course or unit subject
forms a part from October 29, 1992, to the date the reservist enrolls
in the nonaccredited independent study course or unit subject; or
(ii)(A) Was enrolled in and receiving educational assistance for
the nonaccredited independent study course or unit subject on October
29, 1992; and
(B) Remains continuously enrolled in that course or unit subject.
(4) Whether or not the reservist is enrolled will be determined by
the regularly prescribed standards and practices of the educational
institution offering the course or unit subject.
(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 3680A(a)(4); sec. 313(b),
Pub. L. 102-568, 106 Stat. 4332)
(d) Graduate study. VA will pay educational assistance for an
enrollment in a course or subject leading to a
[[Page 29304]]
graduate degree or certificate when the training occurs after November
29, 1993.
(Authority: 10 U.S.C. 16131(c))
8. In Sec. 21.7622, paragraph (f) is revised, to read as follows:
Sec. 21.7622 Courses precluded.
* * * * *
(f) Other courses. (1) A reservist who is limited in the types of
courses he or she may pursue, as provided in Sec. 21.7540(b)(2) and
(b)(3), may not receive any educational assistance for pursuit of any
of the types of training listed in Sec. 21.7540(b)(3).
(2) VA will not consider the hospital or field work phase of a
nursing course, including a course leading to a degree in nursing, to
be provided by an institution of higher learning unless--
(i) The hospital or fieldwork phase is an integral part of the
course;
(ii) Completion of the hospital or fieldwork phase of the course is
a prerequisite to the successful completion of the course;
(iii) The student remains enrolled in the institution of higher
learning during the hospital or fieldwork phase of the course; and
(iv) The training is under the direction and supervision of the
institution of higher learning.
(3) A reservist who is limited in the types of courses he or she
may pursue, as provided in Sec. 21.7540(b)(2) and (b)(3), may not
receive educational assistance for an enrollment in a course pursued
after the reservist has completed the course of instruction required
for the award of a baccalaureate degree or the equivalent evidence of
completion of study, unless the reservist is pursuing a course or
courses leading to a graduate degree or graduate certificate. Such a
reservist may receive educational assistance while pursuing a course or
courses leading to a graduate degree or graduate certificate (subject
to the restrictions in Sec. 21.7620(d)). Equivalent evidence of
completion of study may include, but is not limited to, a copy of the
reservist's transcript showing that he or she has received passing
grades in all courses needed to obtain a baccalaureate degree at the
institution of higher learning which he or she has been attending.
(4) No reservist may receive payment of educational assistance from
VA for:
(i) An audited course (see Sec. 21.4252(i));
(ii) A new enrollment in a course during a period when approval has
been suspended by a State approving agency or VA;
(iii) Pursuit of a course by a nonmatriculated student except as
provided in Sec. 21.4252(l);
(iv) An enrollment in a course at an educational institution for
which the reservist is an official of such institution authorized to
sign certificates of enrollment under 10 U.S.C. chapter 1606;
(v) A new enrollment in a course which does not meet the veteran-
nonveteran ratio requirement as computed under Sec. 21.4201; or
(vi) Except as provided in Sec. 21.7620(c), an enrollment in a
nonaccredited independent study course.
(Authority: 10 U.S.C. 16131(c), 16136(b); 38 U.S.C. 3672(a), 3676,
3680(a); sec. 642(d), Pub. L. 101-189, 103 Stat. 1458)
9. Section 21.7624 is revised, to read as follows:
Sec. 21.7624 Overcharges and restrictions on enrollments.
(a) Overcharges. VA may disapprove an educational institution for
further enrollments when the educational institution charges or
receives from a reservist tuition and fees that exceed the established
charges which the educational institution requires from similarly
circumstanced nonreservists enrolled in the same course.
(Authority: 10 U.S.C. 2136; 38 U.S.C. 3690; sec. 705(a)(1), Pub. L.
98-525, 98 Stat. 2565, 2567; secs. 642 (c), (d), 645(a)(1), Pub. L.
101-189, 103 Stat. 1457-1458)
(b) Restriction on enrollments. The provisions of Sec. 21.4202(b)
apply to any determination by VA as to whether to impose restrictions
on approval of enrollments and whether to discontinue payments to
reservists already enrolled at an educational institution.
(Authority: 10 U.S.C. 2136; 38 U.S.C. 3690(b); sec. 705(a)(1), Pub.
L. 98-525, 98 Stat. 2565, 2567; secs. 642 (c), (d), 645(a)(1), Pub.
L. 101-189, 103 Stat. 1457-1458)
10. In Sec. 21.7631, paragraph (a)(1) and the headings for
paragraphs (b) and (c) are revised, and paragraph (g) is added, to read
as follows:
Sec. 21.7631 Commencing dates.
* * * * *
(a) * * *
(1) The date the educational institution certifies under paragraph
(b) or (c) of this section.
* * * * *
(b) Certification by educational institution--course or subject
leads to a standard college degree.
* * * * *
(c) Certification by educational institution--course does not lead
to a standard college degree.
* * * * *
(g) Service Members Occupational Conversion and Training Act of
1992. If the reservist's educational assistance has been barred or has
been discontinued because the reservist is training under a job
training program for which benefits are payable to his or her employer
under the Service Members Occupational Conversion and Training Act of
1992, VA will begin or resume paying educational assistance to the
reservist effective the first day following the last date for which
benefits are payable under that Act.
(Authority: Sec. 4492(a), Pub. L. 102-484, 106 Stat. 2765-2766)
11. In Sec. 21.7635, paragraph (v) is redesignated as paragraph
(x); and paragraph (a) is revised, paragraphs (b)(3), (b)(4), and
(b)(5) are added, paragraph (r) is revised, and paragraphs (v) and (w)
are added, to read as follows:
Sec. 21.7635 Discontinuance dates.
* * * * *
(a) Death of reservist. (1) If the reservist receives an advance
payment and dies before the end of the period covered by the advance
payment, the discontinuance date of educational assistance shall be the
last date of the period covered by the advance payment.
(2) In all other cases if the reservist dies while pursuing a
program of education, the discontinuance date of educational assistance
shall be the last date of attendance.
(Authority: 10 U.S.C. 16136; 38 U.S.C. 3680(e))
(b) * * *
(3) When a reservist withdraws from a correspondence course, VA
will terminate educational assistance effective the date the last
lesson is serviced.
(4) When a reservist withdraws from an apprenticeship or other on-
job training, VA will terminate educational assistance effective the
date of last training.
(Authority: 10 U.S.C. 2136(b); 38 U.S.C. 3680(a); sec. 705(a)(1),
Pub. L. 98-525, 98 Stat. 2565, 2567; sec. 642 (c), (d), Pub. L. 101-
189, 103 Stat. 1457-1458)
(5) When a reservist withdraws from flight training, VA will
terminate educational assistance effective the date of last
instruction.
(Authority: 10 U.S.C. 2136(b); 38 U.S.C. 3680(a); sec. 705(a)(1),
Pub. L. 98-525, 98 Stat. 2565, 2567; sec. 642 (c), (d), Pub. L. 101-
189, 103 Stat. 1457-1458)
* * * * *
(r) Completion of baccalaureate instruction. If a reservist who is
limited in the types of courses he or she may pursue, as provided in
Sec. 21.7540 (b)(2) and (b)(3), completes a course of instruction
required for the award of a
[[Page 29305]]
baccalaureate degree or the equivalent evidence of completion of study
(see Sec. 21.7622(f)), VA will discontinue educational assistance
effective the day after the date upon which the required course of
instruction was completed.
(Authority: 10 U.S.C. 2131; sec. 705(a)(1), Pub. L. 98-525, 98 Stat.
2565; secs. 642 (a), (b), (d), 645(a), (b), Pub. L. 101-189, 103
Stat. 1456-1458)
* * * * *
(v) Independent study course loses accreditation. If the reservist
is enrolled in a course offered in whole or in part by independent
study, and the course loses its accreditation (or the educational
institution offering the course loses its accreditation), the date of
reduction or discontinuance will be the effective date of the
withdrawal of accreditation by the accrediting agency, unless the
provisions of Sec. 21.7620 (c)(3) or (c)(4) apply.
(Authority: 10 U.S.C. 16136; 38 U.S.C. 3680A(a)(4))
(w) Service Members Occupational Conversion and Training Act of
1992. If a reservist enters a training program for the purpose of
obtaining assistance under the Service Members Occupational Conversion
and Training Act of 1992, the effective date of discontinuance of
educational assistance shall be the date on which the reservist entered
the job training program.
(Authority: Sec. 4492(a), Pub. L. 102-484, 106 Stat. 2765-2766)
* * * * *
12. Section 21.7636 is revised, to read as follows:
Sec. 21.7636 Rates of payment.
(a) Monthly rate of educational assistance. (1) Except as otherwise
provided in this section and in Sec. 21.7639, the monthly rate of
educational assistance payable to a reservist is the amount stated in
this table:
----------------------------------------------------------------------------------------------------------------
Training time
Period of pursuit of training ---------------------------------------------------
Full-time 3/4 time 1/2 time 1/4 time
----------------------------------------------------------------------------------------------------------------
Oct. 1, 1990-Sept. 30,1991.................................. $140.00 $105.00 $70.00 $35.00
Oct. 1, 1991-Mar. 31, 1993.................................. 170.00 128.00 85.00 43.00
Apr. 1, 1993-Sept. 30, 1994................................. 190.00 143.00 95.00 48.00
Oct. 1, 1994-Sept. 30, 1995................................. 192.32 144.74 96.16 48.08
On and after Oct. 1, 1995................................... 197.90 148.42 98.95 49.47
----------------------------------------------------------------------------------------------------------------
(2) The monthly rate of basic educational assistance payable to a
reservist who is pursuing an apprenticeship or other on-job training
full time is the rate stated in these tables:
(i)
----------------------------------------------------------------------------------------------------------------
Monthly rate
---------------------------------------------------
Training period Oct. 1, Oct. 1, Apr. 1, Oct. 1,
1990-Sept. 1991-Mar. 1993-Sept. 1994-Sept.
30, 1991 31, 1993 30, 1994 30, 1995
----------------------------------------------------------------------------------------------------------------
First six months of pursuit of training..................... $105.00 $127.50 $142.50 144.24
Second six months of pursuit of training.................... 77.00 93.50 104.50 105.78
Remaining pursuit of training............................... 49.00 59.50 66.50 67.31
----------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------
Monthly rate
Training period On and after
Oct. 1, 1995
------------------------------------------------------------------------
First six months of pursuit of training................... $148.42
Second six months of pursuit of training.................. 108.94
Remaining pursuit of training............................. 69.26
------------------------------------------------------------------------
(ii) Full-time training will consist of the number of hours which
constitute the standard workweek of the training establishment, but not
less than 30 hours unless a lesser number of hours is established as
the standard workweek for the particular establishment through bona
fide collective bargaining between employers and employees.
(3) The monthly rate of educational assistance payable to a
reservist who is pursuing a cooperative course is the rate stated in
this table:
------------------------------------------------------------------------
Oct. 1, 1990- Oct. 1, 1991- Apr. 1, 1993- Oct. 1, 1994-
Sept. 30, Mar. 31, 1993 Sept. 30, Sept. 30, On and after
1991 1994 1995 Oct. 1, 1995
------------------------------------------------------------------------
$112.00...... $136.00 $152.00 $153.86 $158.32
------------------------------------------------------------------------
(Authority: 10 U.S.C. 16131(b), (c); sec. 12009(c), Pub. L. 103-66,
107 Stat. 416)
(b) Limitations on payments. VA may withhold final payment until VA
receives proof of the reservist's enrollment and adjusts the
reservist's account.
(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 3680(g))
13. In Sec. 21.7639, paragraph (b)(1) introductory text is amended
by removing the second sentence; the heading of paragraph (e) is
amended by removing ``Payment for independent'' and adding, in its
place, ``Independent''; and the section heading, paragraph (a)
introductory text, the authority citation for paragraph (a), and
paragraph (f) are revised, and paragraphs (g) through (k) are added, to
read as follows:
[[Page 29306]]
Sec. 21.7639 Conditions which result in reduced rates or no payment.
* * * * *
(a) Absences. A reservist enrolled in a course not leading to a
standard college degree will have his or her educational assistance
reduced for any day of absence which occurs before December 18, 1989,
and which exceeds the maximum allowable absences permitted in this
paragraph.
* * * * *
(Authority: 10 U.S.C. 2136(b); 38 U.S.C. 3680; sec. 705(a)(1), Pub.
L. 98-525, 98 Stat. 2565, 2567; sec. 642 (c), (d), Pub. L. 101-189,
103 Stat. 1457-1458)
* * * * *
(f) Independent study. (1) A reservist pursuing only independent
study and whose enrollment begins before July 1, 1993, shall be paid
educational assistance at the quarter-time rate regardless of the
number of credit hours the reservist may be pursuing.
(2) A reservist pursuing only independent study and whose
enrollment begins after June 30, 1993, shall be paid educational
assistance on the basis of his or her training time.
(3) No payments may be made to a reservist who is limited in the
types of courses he or she may pursue, as provided in
Sec. 21.7540(b)(2) and (b)(3), and who is pursuing independent study
unless he or she is concurrently pursuing one or more courses offered
through resident training at an institution of higher learning.
(Authority: 10 U.S.C. 2131; 10 U.S.C. 2136(b); 38 U.S.C. 3532, 3532
note, 3680; sec. 705(a)(1), Pub. L. 98-525, 98 Stat. 2565, 2567;
secs. 642, 645 (a), (b), Pub. L. 101-189, 103 Stat. 1457-1458)
(g) Payment for correspondence courses. A reservist who is pursuing
a correspondence course or the correspondence portion of a
correspondence-residence course shall be paid 55 percent of the
established charge which the educational institution requires
nonreservists to pay for the lessons--
(1) Which the reservist has completed;
(2) Which the educational institution has serviced; and
(3) For which payment is due.
(Authority: 10 U.S.C. 2131(f); sec. 642 (b), (d), Pub. L. 101-189,
103 Stat. 1456-1458)
(h) Failure to work sufficient hours of apprenticeship and other
on-job training. (1) For any calendar month in which a reservist
pursuing an apprenticeship or other on-job training program fails to
complete 120 hours of training, VA shall reduce the rates specified in
Sec. 21.7636(a)(2) proportionately. In this computation, VA shall round
the number of hours worked to the nearest multiple of eight.
(2) For the purpose of this paragraph, hours worked include only--
(i) The training hours the reservist worked; and
(ii) All hours of the reservist's related training which occurred
during the standard workweek and for which the reservist received
wages. (See Sec. 21.7636(a)(2)(ii) as to the requirements for full-time
training.)
(Authority: 10 U.S.C. 2131(d)(2); sec. 642 (b), (d), Pub. L. 101-
189, 103 Stat. 1456-1458)
(i) Flight training course. A reservist who is pursuing a flight
training course shall be paid 60 percent of the established charge for
tuition and fees (other than tuition and fees charged for or
attributable to solo flying hours) which the flight school requires
similarly circumstanced nonreservists enrolled in the same course to
pay.
(Authority: 10 U.S.C. 16131(g))
(j) Membership in the Senior Reserve Officers' Training Corps. A
reservist may not receive educational assistance for any period for
which he or she receives financial assistance under 10 U.S.C. 2107 as a
member of the Senior Reserve Officers' Training Corps.
(Authority: 10 U.S.C. 16134)
(k) Course not offered by an institution of higher learning or not
leading to an identifiable educational, professional, or vocational
objective. A reservist who is limited in the types of courses he or she
may pursue, as described in Sec. 21.7540(b)(2) and (b)(3), may not
receive educational assistance for instruction in a program of
education unless it is offered at an institution of higher learning.
The instruction must lead to an identifiable educational, professional,
or vocational objective, but does not have to lead to a standard
college degree.
(Authority: 10 U.S.C. 2131(b), 2136(b); sec. 705(a)(1), Pub. L. 98-
525, 98 Stat. 2565, 2567; secs. 642 (b)(1), (c), (d), 645(a), (b),
Pub. L. 101-189, 103 Stat. 1456-1458)
14. In Sec. 21.7640, paragraph (d)(1) introductory text is amended
by removing ``institution of higher learning'' and adding, in its
place, ``educational institution''; and the section heading and
paragraph (a) are revised, to read as follows:
Sec. 21.7640 Release of payments.
(a) Payments are dependent upon certifications, reports, and
verifications of pursuit. When certifications, reports, or
verifications of pursuit are mentioned in this paragraph, the
certifications, reports, and verifications of pursuit are to be made in
the form prescribed by the Secretary of Veterans Affairs.
(1) VA will pay educational assistance to a reservist who is
pursuing a standard college degree only after the educational
institution has certified his or her enrollment.
(2) VA will pay educational assistance to a reservist who is
pursuing a course not leading to a standard college degree (other than
a correspondence course, a course of flight training, or an
apprenticeship or other on-job training) only after:
(i) The educational institution has certified his or her enrollment
in the form prescribed by the Secretary of Veterans Affairs; and
(ii) VA has received a report by the reservist, which report is
endorsed by the educational institution, of--
(A) Each day of absence that occurred before December 18, 1989; or
(B) A verification of pursuit from the reservist of training that
occurred on or after December 18, 1989.
(3) VA will pay educational assistance to a reservist pursuing a
program of apprenticeship or other on-job training only after:
(i) The training establishment has certified his or her enrollment
in the training program in the form prescribed by the Secretary of
Veterans Affairs; and
(ii) VA has received certification by the reservist and the
training establishment of the reservist's hours worked.
(4) VA will pay educational assistance to a reservist who is
pursuing a correspondence course only after:
(i) The educational institution has certified his or her enrollment
in the form prescribed by the Secretary of Veterans Affairs; and
(ii) VA has received a certification by the reservist, which
certification is endorsed by the educational institution, as to the
number of lessons completed and serviced by the educational
institution.
(5) VA will pay educational assistance to a reservist who is
pursuing a flight course only after:
(i) The educational institution certifies the reservist's
enrollment in the form prescribed by the Secretary of Veterans Affairs;
and
(ii) VA has received a report by the reservist of the flight
training the reservist has completed, which report is endorsed by the
educational institution.
[[Page 29307]]
(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 3680)
* * * * *
15. In Sec. 21.7642, paragraph (a)(6) is amended by removing ``38''
and adding, in its place, ``10''; paragraph (d)(3) is amended by
removing ``during any period that full salary is being paid to him or
her as an employee of the United States''; and paragraphs (a)(7) and
(a)(8) are revised, and paragraphs (a)(9) and (e) are added, to read as
follows:
Sec. 21.7642 Nonduplication of educational assistance.
(a) * * *
(7) Section 903 of the Department of Defense Authorization Act,
1981;
(8) The Hostage Relief Act of 1980; or
(9) The Omnibus Diplomatic Security Act of 1986.
(Authority: 10 U.S.C. 2136(b); 38 U.S.C. 3695; sec. 705(a)(1), Pub.
L. 98-525, 98 Stat. 2565, 2567; secs. 642(c), (d), Pub. L. 101-189,
103 Stat. 1457-1458)
* * * * *
(e) Service Members Occupational Conversion and Training Act of
1992. A reservist may not receive educational assistance under the
Montgomery GI Bill--Selected Reserve program during the period for
which benefits are payable under the Service Members Occupational
Conversion and Training Act of 1992.
(Authority: Sec. 4492(a), Pub. L. 102-484, 106 Stat. 2765-2766)
16. Section 21.7645 is added, immediately after the cross-reference
that follows Sec. 21.7644, to read as follows:
Sec. 21.7645 Work-study allowance.
(a) Eligibility. Reservists pursuing three-quarter-time or full-
time programs of education or training under 10 U.S.C. chapter 1606 are
eligible to receive a work-study allowance.
(Authority: 38 U.S.C. 3485)
(b) Selection criteria. Whenever feasible, VA will give priority in
selection for the work-study allowance to veterans with service-
connected disabilities rated at 30 percent or more. VA shall consider
the following additional selection criteria:
(1) Need of the reservist to augment his or her educational
assistance allowance;
(2) Availability to the reservist of transportation to the place
where his or her services are to be performed;
(3) Motivation of the reservist; and
(4) Compatibility of the work assignment to the reservist's
physical condition.
(Authority: 38 U.S.C. 3485)
(c) Utilization. The service for which the reservist is being paid
a work-study allowance may be utilized in connection with--
(1) Outreach services programs as carried out under the supervision
of a VA employee;
(2) Preparation and processing of necessary papers and other
documents at educational institutions or regional offices or facilities
of VA;
(3) Hospital and domiciliary care and medical treatment at VA
facilities;
(4) Activities relating to the administration of 10 U.S.C. chapter
1606 (or 10 U.S.C. chapter 106 as in effect before December 1, 1994),
at Department of Defense facilities, Coast Guard facilities, or
National Guard facilities; and
(5) Any other appropriate activity of VA.
(Authority: 38 U.S.C 3485)
(d) Rate of payment. (1) In return for the reservist's agreement to
perform services for VA totaling 25 hours times the number of weeks
contained in an enrollment period, VA will pay an allowance in an
amount equal to the higher of--
(i) The hourly minimum wage in effect under section 6(a) of the
Fair Labor Standards Act of 1938 times the number of hours the
reservist has agreed to work; or
(ii) The hourly minimum wage under comparable law of the State in
which the services are to be performed times the number of hours the
reservist has agreed to work.
(2) VA will pay proportionately less to reservists who agree to
perform a lesser number of hours of services.
(Authority: 38 U.S.C. 3485)
(e) Payment in advance. (1) For work-study commencing during the
period beginning on May 1, 1990, and ending on October 28, 1992, VA
will pay in advance an amount equal to 40 percent of the total amount
payable under the contract.
(2) For work-study commencing after October 28, 1992, VA will pay
in advance an amount equal to the lesser of the following:
(i) 40 percent of the total amount payable under the contract; or
(ii) An amount equal to 50 times the applicable minimum hourly wage
in effect on the date the contract is signed.
(Authority: 38 U.S.C. 3485)
(f) Reservist reduces rate of training. In the event the reservist
ceases to be at least a three-quarter-time student before completing an
agreement, the reservist, with the approval of the Director of the VA
field station or his or her designee, may be permitted to complete the
unworked portion of an agreement in the same term, quarter, or semester
in which the reservist ceases to be at least a three-quarter-time
student or in the immediately following term, quarter, or semester.
(Authority: 38 U.S.C. 3485)
(g) Reservist terminates training. (1) If the reservist terminates
all training before completing an agreement, the Director of the VA
field station or his or her designee--
(i) May permit him or her to complete the portion of the agreement
represented by the money VA has advanced the reservist for which he or
she has performed no service, but
(ii) Will not permit him or her to complete that portion of an
agreement for which no advance has been made.
(2) The reservist must complete the allowed portion of an agreement
in the same or immediately following term, quarter, or semester in
which the reservist terminates training.
(Authority: 38 U.S.C. 3485)
(h) Indebtedness for unperformed service. (1) If the reservist has
received an advance for hours of unperformed service, and VA has
evidence upon which the Director of the VA Regional Office of
jurisdiction or his or her designee concludes that the reservist does
not intend to perform that service, the advance--
(i) Will be deemed a debt due the United States; and
(ii) Will be subject to recovery the same as any other debt due the
United States.
(2) The amount of indebtedness for each hour of unperformed service
shall equal the hourly wage that formed the basis for the contract.
(Authority: 38 U.S.C. 3485)
17. In Sec. 21.7653, the section heading and paragraphs (c) and (d)
are revised, and paragraph (e) is added, to read as follows:
Sec. 21.7653 Progress, conduct, and attendance.
* * * * *
(c) Satisfactory attendance. In order to receive educational
assistance for pursuit of a program of education, a reservist must
maintain satisfactory course attendance. VA will discontinue
educational assistance if the reservist does not maintain satisfactory
course attendance. Attendance is unsatisfactory if the reservist does
not attend according to the regularly prescribed standards of the
educational institution in which he or she is enrolled.
[[Page 29308]]
(Authority: 10 U.S.C. 2136(b); 38 U.S.C. 3474; sec. 705(a)(1), Pub.
L. 98-525, 98 Stat. 2565, 2567; sec. 642 (c), (d), Pub. L. 101-189,
103 Stat. 1457-1458)
(d) Reports. At times the unsatisfactory progress, conduct, or
course attendance of a reservist is caused by or results in his or her
interruption or termination of training. If this occurs, the
interruption or termination shall be reported in accordance with
Sec. 21.7656(a). If the reservist continues in training despite making
unsatisfactory progress, the fact of his or her unsatisfactory progress
must be reported to VA within the time allowed by paragraphs (d)(1),
(d)(2), and (d)(3) of this section.
(1) A reservist's progress may become unsatisfactory as a result of
the grades he or she receives. The educational institution shall report
such unsatisfactory progress to VA in time for VA to receive it before
the earlier of the following dates is reached:
(i) Thirty days from the date on which the school official who is
responsible for determining whether a student is making progress first
receives the final grade report which establishes that the reservist is
not progressing satisfactorily; or
(ii) Sixty days from the last day of the enrollment period during
which the reservist earned the grades that caused him or her to meet
the unsatisfactory progress standards.
(2) If the unsatisfactory progress of the reservist is caused
solely by any factors other than the grades which he or she receives,
the educational institution shall report the unsatisfactory progress in
time for VA to receive it within 30 days of the date on which the
progress of the reservist becomes unsatisfactory.
(3) The educational institution shall report the unsatisfactory
conduct or attendance of the reservist to VA in time for VA to receive
it within 30 days of the date on which the conduct or attendance of the
reservist becomes unsatisfactory.
(e) Reentrance after discontinuance. In order for a reservist to
receive educational assistance following discontinuance for
unsatisfactory progress, conduct, or attendance, the provisions of this
paragraph must be met.
(1) The reservist's subsequent reentrance into a program of
education may be for the same program, for a revised program, or for an
entirely different program, depending on the cause of
FR Doc. 96-14369 Educational Assistance for Members of the Selected Reserve
the
discontinuance and removal of that cause.
(2) A reservist may reenter following discontinuance because of
unsatisfactory attendance, conduct, or progress when either of the
following sets of conditions exists:
(i) The reservist resumes enrollment at the same educational
institution in the same program of education and the educational
institution has both approved the reservist's reenrollment and
certified it to VA; or
(ii) In all other cases, VA determines that--
(A) The cause of the unsatisfactory attendance, conduct, or
progress in the previous program has been removed and is not likely to
recur; and
(B) The program which the reservist now proposes to pursue is
suitable to his or her aptitudes, interests, and abilities.
(Authority: 10 U.S.C. 2136(b); 38 U.S.C. 3474; sec. 705(a)(1), Pub.
L. 98-525, 98 Stat. 2565, 2567; sec. 642 (c), (d), Pub. L. 101-189,
103 Stat. 1457-1458)
(Approved by the Office of Management and Budget under control
number 2900-0552)
18. Section 21.7654 is revised, to read as follows:
Sec. 21.7654 Pursuit and absences.
(a) Verifying pursuit of courses not leading to a standard college
degree. (1) If a reservist is pursuing a course not leading to a
standard college degree and the course is neither a flight course nor a
correspondence course, the reservist must monthly verify pursuit of
that course. The reservist's verification in the form prescribed by the
Secretary will attest to the following items as to the period verified,
when applicable:
(i) Actual attendance;
(ii) Continued enrollment in and pursuit of the course;
(iii) The reservist's unsatisfactory progress, conduct, or
attendance;
(iv) Date of interruption or termination of training;
(v) Changes in the number of credit hours or in the number of clock
hours of attendance;
(vi) The award of nonpunitive grades;
(vii) Any other changes or modifications in the course as certified
at enrollment.
(2) The verification of enrollment or the verification of pursuit
and continued enrollment must--
(i) Contain the information required by paragraph (a)(1) of this
section for release of payment;
(ii) Be signed by the reservist on or after the final date of the
reporting period; and
(iii) Show the date on which it was signed.
(Authority: 10 U.S.C. 2136(b); 38 U.S.C. 3680(g); sec. 705(a)(1),
Pub. L. 98-525, 98 Stat. 2565, 2567; sec. 642 (c), (d), Pub. L. 101-
189, 103 Stat. 1457-1458)
(b) Additional requirements for apprenticeships and other on-job
training programs. (1) When a reservist is pursuing an apprenticeship
or other on-job training, he or she must monthly certify training by
reporting the number of hours worked.
(2) The information provided by the reservist must be verified by
the training establishment.
(Authority: 10 U.S.C. 2136(b); 38 U.S.C. 3680(a); sec. 705(a)(1),
Pub. L. 98-525, 98 Stat. 2565, 2567; sec. 642(c), (d), Pub. L. 101-
189, 103 Stat. 1457-1458)
(Approved by the Office of Management and Budget under control
number 2900-0553)
19. In Sec. 21.7670, paragraph (d) and reserved paragraph (e) are
removed; paragraph (f) is redesignated as paragraph (d); and the
heading, introductory text, and newly redesignated paragraph (d) are
revised to read as follows:
Sec. 21.7670 Measurement of courses leading to a standard,
undergraduate college degree.
Except as provided in Sec. 21.7672, VA will measure a reservist's
courses as stated in this section.
* * * * *
(d) Other requirements. Notwithstanding any other provision of this
section, in administering benefits payable under 10 U.S.C. chapter
1606, VA shall apply the provisions of Sec. 21.4272 (a), (b), (d), (e)
(except paragraph (e)(4)), (f), (g), and (k).
(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 3688(b))
20. In Sec. 21.7672, the introductory text of paragraph (b)(1) is
revised, paragraph (b)(2)(ii) is revised, paragraphs (b)(3), (b)(4),
and (b)(5) are added, and paragraph (c) introductory text, paragraph
(d), paragraph (e) introductory text, the heading of paragraph (f),
paragraph (f) introductory text, paragraph (f)(1)(iv), and the
authority citation for paragraph (f) are revised, to read as follows:
Sec. 21.7672 Measurement of courses not leading to a standard college
degree.
* * * * *
(b) Credit-hour measurement--standard method. (1) For new
enrollments that begin before July 1, 1993, VA will measure a
reservist's enrollment in a course not leading to a standard college
degree on a credit-hour basis when all conditions listed in paragraphs
(b)(1)(i) and (b)(1)(ii) of this section are met.
* * * * *
(2) * * *
(ii) Apply the provisions of Sec. 21.4272(g) if one or more of the
[[Page 29309]]
reservist's courses are offered during a nonstandard term.
(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 3688)
(3) For new enrollments beginning on or after July 1, 1993, when a
course is offered by an institution of higher learning in residence on
a standard quarter- or semester-hour basis, VA will measure a
reservist's enrollment in a course not leading to a standard college
degree on the same credit-hour basis as courses leading to a standard
undergraduate degree, as provided in Sec. 21.7670.
(4) For new enrollments beginning on or after July 1, 1993, when a
course is offered in residence on a standard quarter- or semester-hour
basis by an educational institution which is not an institution of
higher learning, VA also will measure on a credit-hour basis as
provided in Sec. 21.7670 a reservist's enrollment in a course not
leading to a standard college degree, provided that the educational
institution requires at least the same number of clock-hours of
attendance as required in paragraph (f) of this section. If the
educational institution does not require at least the same number of
clock-hours of attendance as required in paragraph (f) of this section,
VA will not apply the provisions of Sec. 21.7670, but will measure the
course according to paragraph (f) of this section.
(5) VA will apply the provisions of Sec. 21.4272(g) to new
enrollments beginning on or after July 1, 1993, if one or more of the
reservist's courses are offered during a nonstandard term.
(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 3688(a)(7))
(c) Credit-hour measurement--alternate method. The provisions of
this paragraph apply only to the measurement of new enrollments that
begin before July 1, 1993. Even though courses not leading to a
standard college degree do not qualify for credit-hour measurement as
provided in paragraph (b) of this section, an educational institution
offering courses not leading to a standard college degree may measure
those courses on a quarter- or semester-hour basis as indicated for
collegiate courses in Sec. 21.7670 provided--
* * * * *
(d) Mixed credit-hour and clock-hour measurement (conversion to
equivalent clock hours). The provisions of this paragraph apply to
training occurring on or after December 18, 1989, provided that if the
training resulted from a new enrollment, the enrollment began before
July 1, 1993.
(1) When a course not leading to a standard college degree in which
the reservist is enrolled cannot qualify for credit-hour measurement
under either paragraph (b) or (c) of this section, VA will measure the
course on a combined clock-hour and credit-hour basis when the
provisions of this paragraph are met.
(i) The course in which the reservist is enrolled--
(A) Is offered by an institution of higher learning; and
(B) Does not lead to a standard college degree; and
(ii) The institution of higher learning requires as part of the
reservist's program of education one or more unit subjects for which
credit is granted toward a standard college degree.
(2) When measuring a reservist's enrollment during a semester or
quarter when he or she is pursuing one or more courses which the
educational institution measures on a credit-hour basis, VA will
convert the credit to equivalent clock hours as provided in paragraph
(d)(3) of this section, and combine them with the clock hours of the
other courses measured by the school on that basis, as provided in
paragraph (d)(4) of this section.
(3) VA will--
(i) Determine the equivalent clock hour factor by dividing the
number of clock hours which constitute full time for the enrollment as
stated in paragraph (e) or (f) of this section by the number of credit
hours which constitute a full-time undergraduate enrollment at the
educational institution as stated in paragraph (a) of this section; and
(ii) Except as provided in paragraphs (d)(5) and (d)(6) of this
section, multiply the number of credit hours in which the reservist is
enrolled by the equivalent clock hour factor as determined by paragraph
(d)(3)(i) of this section. This will result in the number of equivalent
clock hours in which the reservist is enrolled.
(4) VA will add the number of clock hours in which the reservist is
enrolled to the number of equivalent clock hours in which he or she is
enrolled.
(i) If the course is nonaccredited and shop practice is an integral
part of the course, the course will be measured as provided in
paragraph (e)(1) of this section with the total number of clock hours
and equivalent clock hours considered to be clock hours for the purpose
of applying that paragraph.
(ii) If the course is nonaccredited and classroom instruction
predominates, the course will be measured as provided in paragraph
(e)(2) of this section with the total number of clock hours and
equivalent clock hours considered to be clock hours for the purpose of
applying that paragraph.
(iii) If the course is accredited and shop practice is an integral
part of the course, the course will be measured as provided in
paragraph (f)(1) of this section with the total number of clock hours
and equivalent clock hours considered to be clock hours for the purpose
of applying that paragraph.
(iv) If the course is accredited and classroom instruction
predominates, the course will be measured as provided in paragraph
(f)(2) of this section with the total number of clock hours and
equivalent clock hours considered to be clock hours for the purpose of
applying that paragraph.
(5) When the number of class sessions per credit hour is so low
that Sec. 21.4272 (f)(2)(ii) or (f)(3) would control the way in which
VA would measure those credit hours, VA will make the calculations
required by paragraph (d)(3)(ii) of this section by multiplying the
number of class sessions determined by the equivalent clock hour
factor.
(6) When the reservist is attending a nonstandard term, VA will
make the calculations required by paragraph (d)(3)(ii) of this section
by determining the equivalent credit hours in which the reservist is
enrolled as provided in Sec. 21.4272(g), and multiplying the equivalent
credit hours by the equivalent clock hour factor.
(7) In calculations required by this paragraph, fractions of an
equivalent clock hour will be dropped.
(Authority: 10 U.S.C. 16136; 38 U.S.C. 3688(e))
(e) Nonaccredited courses--clock-hour measurement for new
enrollments beginning before July 1, 1993. The provisions of this
paragraph apply to new enrollments beginning before July 1, 1993. If,
after having examined the courses in which a reservist is enrolled, VA
concludes that the reservist's enrollment qualifies neither for credit-
hour measurement as provided in paragraphs (b) and (c) of this section
nor for a combination of credit-hour and clock-hour measurement as
provided in paragraph (d) of this section, VA shall measure a
nonaccredited course not leading to a standard college degree as
follows. For the purpose of this paragraph, clock hours and class
sessions mean clock hours and class sessions per week.
* * * * *
(f) Clock-hour measurement. The provisions of this paragraph apply
to enrollments before July 1, 1993, in accredited courses not leading
to a standard college degree, and to all new enrollments on or after
July 1, 1993, in
[[Page 29310]]
courses not leading to a standard college degree. If VA concludes that
the courses in which a reservist is enrolled qualify neither for
credit-hour measurement as provided in paragraph (b) or (c) of this
section nor for a combination of clock-hour and credit-hour measurement
as provided in paragraph (d) of this section, VA shall measure those
courses as follows. (Supervised study shall be excluded from
measurement of all courses to which this paragraph applies.)
(1) * * *
(iv) One-quarter-time training shall be 1 through 10 clock hours
attendance. For attendance of 6 through 10 clock hours, there shall be
not more than one quarter hour rest period allowance. For attendance of
1 through 5 clock hours, there shall be no rest period allowance.
* * * * *
(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 3688)
21. In Sec. 21.7673, paragraph (a)(2) is removed; paragraph (a)(3)
is redesignated as paragraph (a)(2); and paragraph (a)(1), newly
redesignated paragraph (a)(2), and paragraph (d) are revised, to read
as follows:
Sec. 21.7673 Measurement of concurrent enrollments.
(a) * * *
(1) If VA measures the course at the primary institution on a
credit-hour basis (including a course which does not lead to a standard
college degree, which is being measured on a credit-hour basis as
provided in Sec. 21.7672(b)), and VA measures the courses at the second
school on a clock-hour basis, the clock hours will be converted to
credit hours.
(2) If VA measures the courses pursued at the primary institution
on a clock-hour basis, and VA measures the courses pursued at the
second school on a credit-hour basis, including courses which qualify
for credit-hour measurement on the basis of Sec. 21.7672(b), VA will
convert the credit hours to clock hours to determine the reservist's
training time.
(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 3688)
* * * * *
(d) Standards for measurement the same. If VA measures the courses
pursued at both institutions on either a clock-hour basis or a credit-
hour basis, VA will measure the reservist's enrollment by adding
together the units of measurement for the courses in the second school
and the units of measurement for courses in the primary institution.
The standard for full time will be the full-time standard for the
courses at the primary institution.
(Authority 10 U.S.C. 16136(b); 38 U.S.C. 3688)
Sec. 21.7674 [Amended]
22. In Sec. 21.7674, paragraph (b) is amended by removing
``21.7720(b)(3) of this part'' and adding, in its place,
``21.7720(b)(9)'' and by removing ``21.7672 of this part'' and adding,
in its place, ``21.7672''; and paragraph (c) is amended by removing
``appropriate, if approved under Sec. 21.7720(b)(4) of this part'' and
adding, in its place, ``appropriate''.
23. In Sec. 21.7700, paragraphs (f) and (g) are removed; and the
introductory text, paragraph (a), and the authority citation are
revised, to read as follows:
Sec. 21.7700 State approving agencies.
VA and State approving agencies have the same general
responsibilities for approving courses for training under 38 U.S.C.
chapter 1606 (or 10 U.S.C. chapter 106 as in effect before December 1,
1994) as they do for approving courses for training under 38 U.S.C.
chapter 30 or 32. Accordingly, in administering 10 U.S.C. chapter 1606
(or 10 U.S.C. chapter 106 as in effect before December 1, 1994), VA
will apply the provisions of the following sections:
(a) Sec. 21.4150--Designation,
* * * * *
(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 3670 through 3676)
24. Section 21.7720 is revised to read as follows:
Sec. 21.7720 Course approval.
(a) Courses must be approved. (1) A course of education offered by
an educational institution must be approved by--
(i) The State approving agency for the State in which the
educational institution is located; or
(ii) The State approving agency which has appropriate approval
authority; or
(iii) VA, where appropriate.
(2) In determining when approval authority rests with the State
approving agency or VA, the provisions of Sec. 21.4250 (b)(3),
(c)(2)(i), (c)(2)(ii), (c)(2)(iii), and (c)(2)(iv) apply.
(3) A course approved under 38 U.S.C. chapter 36 is approved for
purposes of 10 U.S.C. chapter 1606 (or 10 U.S.C. chapter 106 as in
effect before December 1, 1994).
(Authority: 10 U.S.C. 2131(c), 2136(b); 16131(c)(1), 16136(b); 38
U.S.C. 3672; sec. 705(a)(1), Pub. L. 98-525, 98 Stat. 2565, 2567;
sec. 642, Pub. L. 101-189, 103 Stat. 1456-1458)
(b) Course approval criteria. In administering benefits payable
under 10 U.S.C. chapter 1606 (or 10 U.S.C. chapter 106 as in effect
before December 1, 1994), VA and, where appropriate, the State
approving agencies, shall apply the following sections:
(1) Sec. 21.4250 (except paragraph (c)(1))--Approval of courses;
(2) Sec. 21.4251--Period of operation of course;
(3) Sec. 21.4253 (except those portions of paragraphs (b) and (f)
that permit approval of a course leading to a high school diploma)--
Accredited courses;
(4) Sec. 21.4254--Nonaccredited courses;
(5) Sec. 21.4255--Refund policy--nonaccredited courses;
(6) Sec. 21.4258--Notice of approval;
(7) Sec. 21.4259--Suspension or disapproval;
(8) Sec. 21.4260--Courses in foreign countries;
(9) Sec. 21.4265 (except paragraphs (a), (e), and (g))--Practical
training approved as institutional training or on-job training;
(10) Sec. 21.4266--Courses offered at subsidiary branches or
extensions; and
(11) Sec. 21.4267--Approval of independent study.
(Authority: 10 U.S.C. 16131(c)(1), 16136(b); 38 U.S.C. 3670 through
3676)
25. Section 21.7722 is revised to read as follows:
Sec. 21.7722 Courses and enrollments which may not be approved.
(a) The Secretary of Veterans Affairs may not approve an enrollment
by a reservist in, and a State approving agency may not approve for
training under 10 U.S.C. chapter 1606 (or 10 U.S.C. chapter 106 as in
effect before December 1, 1994):
(1) A bartending or personality development course;
(2) A course offered by radio;
(3) Except for enrollments in a nurse's aide course approved
pursuant to Sec. 21.4253(a)(5), an institutional course for the
objective of nurse's aide or a nonaccredited nursing course which does
not meet the licensing requirements in the State where the course is
offered; or
(4) Effective October 29, 1992, a nonaccredited course or unit
subject offered entirely or partly by independent study. However, see
Secs. 21.7620(c) and 21.7622(f) concerning payment of educational
assistance to reservists enrolled in such a course.
(Authority: 10 U.S.C. 16131(c)(1), 16136(b); 38 U.S.C. 3452)
(b) A State approving agency (or VA when acting as a State
approving agency) may approve the following courses for training under
10 U.S.C. chapter 1606 (or 10 U.S.C. chapter 106
[[Page 29311]]
as in effect before December 1, 1994), but VA may not approve an
enrollment in any of these courses by a reservist who is limited in the
types of courses he or she may pursue, as provided in Sec. 21.7540
(b)(2) and (b)(3):
(1) A correspondence course;
(2) A cooperative course;
(3) An apprenticeship or other on-job training program;
(4) A nursing course offered by an autonomous school of nursing;
(5) A medical or dental specialty course not offered by an
institution of higher learning;
(6) A refresher, remedial, or deficiency course; or
(7) A course or combination of courses consisting solely of
independent study.
(Authority: 10 U.S.C. 2131(c), 2136(b), 16131(c)(1), 16136(b); 38
U.S.C. 3670 through 3676; sec. 705(a)(1), Pub. L. 98-525, 98 Stat.
2565, 2567; sec. 642, Pub. L. 101-189, 103 Stat. 1456-1458)
[FR Doc. 96-14369 Filed 6-7-96; 8:45 am]
BILLING CODE 8320-01-P
Complete official Federal Register PDF
FR Doc. 96-14365 National Service Life Insurance
[Federal Register Volume 61, Number 112 (Monday, June 10, 1996)]
[Rules and Regulations]
[Pages 29289-29293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14365]
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 8
RIN 2900 AH55
National Service Life Insurance
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
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SUMMARY: This document amends the Department of Veterans Affairs (VA)
regulations captioned ``National Service Life Insurance'' which were
established under the National Service Life Insurance Act of 1940, as
amended (38 U.S.C. 1901-1929, 1981-1988). It deletes provisions that
have become obsolete. It also deletes provisions contained in insurance
policies that consist of restatements of statutes and other material
not required to be published in the Federal Register. Additionally, it
deletes other restatements of statute and makes changes for purposes of
clarity.
EFFECTIVE DATE: June 10, 1996.
FOR FURTHER INFORMATION CONTACT: George Poole, Chief, Insurance Program
Administration, Department of Veterans Affairs Regional Office and
Insurance Center, PO Box 8079, Philadelphia, PA 19101, (215) 951-5718.
SUPPLEMENTARY INFORMATION: Under the umbrella of 38 CFR part 8, four
distinct life insurance programs exist, namely, National Service Life
Insurance (NSLI), Veterans' Special Life Insurance (VSLI), Veterans'
Reopened Life Insurance (VRI) and Service Disabled Veterans Insurance
(SDVI). Most of the policyholders insured under NSLI served during
World War II, and their average age is now 72 years. The NSLI program
opened in October 1940, and over 22 million policies were issued, of
which about 2 million remain. The NSLI program remained open until
April 1951, when two new programs were established for Korean War
veterans. VSLI, opened in April 1951, was closed to new issues in
December 1956. SDVI, also opened in April 1951, is the only program
still available for new issues to veterans with service-connected
disabilities. The VRI program was a limited one-year reopening, from
May 1965 to May 1966, of the NSLI and VSLI programs to certain disabled
veterans. As a result of the closure of the NSLI, VSLI, and VRI
programs, provisions concerning issuance are deleted because they are
obsolete. Furthermore, while these three programs provide for certain
disability provisions, there are no insureds remaining who are age
eligible for issuance of such riders and, hence, these provisions are
further deleted as obsolete. Other provisions, such as those
implementing the Servicemen's Indemnity Act of 1940, and other
``sunset'' provisions, are also obsolete and deleted accordingly.
Also, provisions which list guaranteed payments are deleted since
such guaranteed payments reflect only a minimum payment and subsequent
legislation allows for higher payment schedules. Thus, publication of
minimum payments has no practical value. Provisions that are contained
in insurance polices are likewise deleted
[[Page 29290]]
as unnecessary. These policy provisions contain restatements of statute
and other material not required to be published in the Federal
Register. Additionally, other provisions that merely restate statutory
provisions are likewise deleted.
Lastly, some provisions are changed for purposes of clarity.
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 of Veterans Affairs thereby certifies that this final
rule will not have a significant economic impact on a substantial
number of small entities as they are defined in the Regulatory
Flexibility Act, 5 U.S.C. 601-612. This final rule will not affect any
entity since it does not contain any substantive provision. Therefore,
pursuant to 5 U.S.C. 605(b), this amendment is exempt from the initial
and final regulatory flexibility analysis requirements of sections 603
and 604.
The Catalog of Federal Domestic Assistance Program number for these
regulations is 64.103.
List of Subjects in 38 CFR Part 8
Life insurance, Mortgage insurance, Veterans.
Approved: May 31, 1996.
Jesse Brown,
Secretary of Veterans Affairs.
For the reasons set out in the preamble 38 CFR part 8 is amended as
set forth below:
PART 8--NATIONAL SERVICE LIFE INSURANCE
1. The authority citation for part 8 continues to read as follows:
Authority: 38 U.S.C. 501, 1901-1929, 1981-1988, unless otherwise
noted.
2. The undesignated center heading preceding Secs. 8.16, 8.44,
8.49, 8.55, 8.59, 8.60, 8.61, 8.62, 8.70, 8.71, 8.80a, 8.100, 8.102,
8.103, 8.110, 8.113, 8.114, and 8.116 are removed.
Secs. 8.0, 8.3 through 8.5, 8.7, 8.10, 8.11, 8.15, 8.16 through 8.19,
8.26a, 8.32, 8.34 through 8.36, 8.40, 8.41, 8.44, 8.47 through 8.51,
8.54, 8.55, 8.59, 8.60, 8.61, 8.62, 8.63, 8.70, 8.71, 8.75 through
8.78, 8.80, 8.80a through 8.83, 8.88 through 8.93, 8.95 through 8.95b,
8.96a through 8.99c, 8.100, 8.102, 8.103 and 8.110 through 8.112b,
8.113, 8.114 and 8.116 [Removed]
3. Sections 8.0, 8.3 through 8.5, 8.7, 8.10, 8.11, 8.15 through
8.19, 8.26a, 8.32, 8.34 through 8.36, 8.40, 8.41, 8.44, 8.47 through
8.51, 8.54, 8.55, 8.59 through 8.63, 8.70, 8.71, 8.75 through 8.78,
8.80 through 8.83, 8.88 through 8.93, 8.95 through 8.95b, 8.96a through
8.103, and 8.110 through 8.116 are removed.
Sec. 8.1 [Redesignated as Sec. 8.0]
4. Section 8.1 is redesignated as Sec. 8.0.
Sec. 8.2 [Redesignated as Sec. 8.1]
5. Section 8.2 is redesignated as Sec. 8.1 following the
undesignated center heading EFFECTIVE DATE.
Secs. 8.7a, 8.7b, 8.7c, 8.8, 8.9 [Redesignated as Secs. 8.3 through
8.7, respectively]
6. Sections 8.7a through 8.7c, 8.8 and 8.9 are redesignated as
Secs. 8.3 through 8.7, respectively, following the undesignated center
heading ``PREMIUMS''.
Sec. 8.12 [Redesignated as Sec. 8.8]
7. Section 8.12 is redesignated as Sec. 8.8 following the
undesignated center heading ``CALCULATION OF TIME PERIOD''.
Sec. 8.14 [Redesignated as Sec. 8.9]
8. Secton 8.14 is redesignated as Sec. 8.9 following the
undesignated center heading ``GRACE PERIOD''.
Secs. 8.22, 8.23, 8.24 [Redesignated as Secs. 8.10 through 8.12,
respectively]
9. Sections 8.22 through 8.24 are redesignated as Secs. 8.10
through 8.12, respectively, following the undesignated center heading
``REINSTATEMENT''.
Sec. 8.26 [Redesignated as Sec. 8.13]
10. Section 8.26 is redesignated as Sec. 8.13 following the
undesignated center heading ``DIVIDENDS''.
Secs. 8.27, 8.27a, 8.28 [Redesignated as Secs. 8.114 through 8.16,
respectively]
11. Sections 8.27 and 8.28 are redesignated as Secs. 8.14 through
8.16, respectively, following the undesignated center heading ``CASH
VALUE AND POLICY LOAN''.
Secs. 8.29, 8.30 [Redesignated as Secs. 8.17 and 8.18, respectively]
12. Sections 8.29 and 8.30 are redesignated as Secs. 8.17 and 8.18,
respectively, following the undesignated center heading ``EXTENDED TERM
AND PAID-UP INSURANCE''.
Sec. 8.33 [Redesignated as Sec. 8.19]
13. Section 8.33 is redesignated Sec. 8.19 following the
undesignated center heading ``CHANGE IN PLAN''.
Secs. 8.42, 8.43 [Redesignated as Secs. 8.20 and 8.21, respectively]
14. Sections 8.42 and 8.43 are redesignated as Secs. 8.20 and 8.21,
respectively, following the undesignated center heading ``PREMIUM
WAIVERS AND TOTAL DISABILITY''.
Sec. 8.46 [Redesignated as Sec. 8.22]
15. Section 8.46 is redesignated as Sec. 8.22 following the
undesignated center heading ``BENEFICIARIES''.
Sec. 8.52 [Redesignated as Sec. 8.23]
16. Section 8.52 is redesignated as Sec. 8.23 following the
undesignated center heading ``PROOF OF DEATH, AGE, OR RELATIONSHIP''.
Sec. 8.56 [Redesignated as Sec. 8.24]
17. Section 8.56 is redesignated as Sec. 8.24 following the
undesignated center heading ``AGE''.
Secs. 8.64, 8.65, 8.66 [Redesignated as Secs. 8.25 through 8.27,
respectively]
18. Sections 8.64 through 8.66 are redesignated as 8.25 through
8.27, respectively, following the undesignated center heading
``EXAMINATIONS''.
Sec. 8.69 [Redesignated as Sec. 8.28]
19. Section 8.69 is redesignated as Sec. 8.28 following the
undesignated center heading ``EXTRA HAZARDS''.
Sec. 8.79 [Redesignated as Sec. 8.29]
20. Section 8.79 is redesignated as Sec. 8.29 following the
undesignated center heading ``OPTIONAL SETTLEMENTS''.
Sec. 8.85 [Redesignated as Sec. 8.30]
21. Section 8.85 is redesignated as Sec. 8.30 following the
undesignated center heading ``RENEWAL OF TERM INSURANCE''.
Secs. 8.94, 8.96 [Redesignated as Sec. 8.31 and 8.32, respectively]
22. Sections 8.94 and 8.96 are redesignated as Secs. 8.31 and 8.32,
respectively, following the undesignated center heading ``SETTLEMENT OF
INSURANCE MATURING ON OR AFTER AUGUST 1, 1946''.
Sec. 8.108 [Redesignated as Sec. 8.33]
23. Section 8.108 is redesignated as Sec. 8.33 following the
undesignated center heading ``NATIONAL SERVICE LIFE INSURANCE POLICY''.
Secs. 8.117, 8.118, 8.119 [Redesignated as Secs. 8.34 through 8.36]
24. Sections 8.117 through 8.119 are redesignated as Secs. 8.34
through 8.36, respectively, following the undesignated center heading
``APPEALS''.
25. In newly redesignated Sec. 8.0, paragraph (b) is amended by
removing ``by the Chief Benefits Director. The Chief Benefits Director
is responsible for readjusting such standards to reflect medical
advances and current experience affecting mortality and disability''.
26. The newly redesignated Sec. 8.1 is revised to read as follows:
[[Page 29291]]
Sec. 8.1 Effective date for insurance issued under section 1922(a) of
title 38 U.S.C.
The effective date may be established upon written request of the
applicant as follows:
(a) As of the date on which valid application and tender of premium
are made.
(b) As of the first day of the month in which valid application and
tender of premium are made.
(c) As of the first day of the month following the month in which
valid application and tender of premium are made.
(d) As of the first day of any month, but not more than 6 months
prior to the month in which valid application and tender of premium are
made: Provided, That there be paid an amount equal to the full reserve
on the insurance at the end of the month prior to the month in which
application is made, and the full premium on the amount of insurance
for the month in which application is made.
27. The newly redesignated Sec. 8.2 is revised to read as follows:
Sec. 8.2 Payment of premiums.
Premiums on National Service Life Insurance may be paid by direct
remittance to the Department of Veterans Affairs, or by allotment of
service pay or retirement pay.
(Authority: 38 U.S.C. 1908)
28. The newly redesignated Sec. 8.3 is revised to read as follows:
Sec. 8.3 Correction of errors.
Where timely tender of the required premium is made by check or
draft which is not paid on presentation for payment, but it is shown by
satisfactory evidence that such nonpayment was due to an error on the
part of the bank on which such check or draft was drawn, or was the
result of an error in the instrument or in the execution thereof, and
not for the lack of funds, the insured will be given an additional 31
days from the date of the letter that gives notice of such nonpayment
in which to tender an amount sufficient to pay all premiums through the
current month.
Sec. 8.5 [Amended]
29. In newly redesignated Sec. 8.5, paragraph (a)(5) is amended by
removing, ``(Secs. 8.14 and 8.15)'' and adding, in its place,
``(Sec. 8.9)''; and paragraphs (a)(7) and (b)(3), are amended by
removing ``(Sec. 8.29)'' and adding, in its place ``(Sec. 8.17)''.
Sec. 8.6 [Amended]
30. In newly redesignated Sec. 8.6, paragraph (a) is amended by
removing ``section 5502(f) of title 38 U.S.C., and Sec. 13.57'' and
adding, in its place, ``Part 13''.
31. The newly redesignated Sec. 8.7 is revised to read as follows:
Sec. 8.7 Authorization for deduction of premiums from compensation,
retirement pay, or pension.
Deductions from benefits for the payment of premiums shall be
effective on the month the authorization for such deduction is received
by the Department of Veterans Affairs or on any successive month
specified by the insured. Such deduction shall be applied to the
premium due in the succeeding calendar month and shall continue monthly
so long as the benefit payments are due and payable to the insured and
the amount is sufficient to pay the premium or until such authorization
is revoked by the veteran or otherwise terminated. When premium
deductions are authorized by the insured, the premium will be treated
as paid for purposes of preventing lapse of the insurance, so long as
there is due and payable to the insured a benefit amount sufficient to
provide the premium payment. If authorization was executed by the
Director of a VA hospital or domiciliary or chief officer of a State
hospital or other institution to make deductions from an institutional
award, the authorization will cease and terminate at the termination of
the institutional award and the insurance shall lapse unless another
authorization for deduction from monthly benefit payments is executed
by the insured. The insured will be notified by letter directed to the
last address of record of the termination of the authorization to
deduct premiums, but failure to give such notice shall not prevent
lapse.
Sec. 8.8 [Amended]
32. Newly redesignated Sec. 8.8 is amended by removing
``Secs. 8.7a, 8.7b, or 8.7c'' and adding, in its place, ``Secs. 8.3,
8.4 or 8.5''.
33. The newly redesignated Sec. 8.9 is revised to read as follows:
Sec. 8.9 Establishment of grace period.
For the payment of any premium under a National Service Life
Insurance policy, a grace period of 31 days from and after the date on
which the premium was due will be allowed without interest during which
time the policy will remain in force. When a payment of premium is
mailed, the postmark date will be accepted as the date on which the
payment was tendered. If a premium is not paid before the expiration of
the grace period, the effective date of lapse shall be the due date of
the unpaid premium. If the policy matures within the grace period, the
unpaid premium or premiums shall be deducted from the amount of
insurance payable.
34. The newly redesignated Sec. 8.10 is revised to read as follows:
Sec. 8.10 Reinstatement of National Service Life Insurance except
insurance issued pursuant to section 1925 of title 38 U.S.C.
(a) Any policy which lapses and which is not surrendered for a cash
value or for paid-up insurance, may be reinstated upon written
application signed by the applicant, payment of all premiums in
arrears, and evidence of good health as required under Sec. 8.11 (a) or
(b), whichever is applicable. If a policy is not reinstated within 6
months from the due date of the premium in default, interest must be
paid in addition to premiums for all months in arrears from their
respective due dates at the rate of 5 percent per annum, compounded
annually. The payment or reinstatement of any indebtedness against a
policy must be made upon application for reinstatement, and any excess
of indebtedness and interest over the reserve of the policy must be
paid at that time. A lapsed National Service Life Insurance policy
which is in force under extended term insurance may be reinstated
within 5 years from the date extended insurance would expire upon
application and payment of all premiums in arrears with the required
interest. In any case in which the extended insurance under an
endowment policy provides protection to the end of the endowment
period, the policy may be reinstated at any time before maturity upon
application and payment of the premiums with the required interest. A
policy on the level term premium plan may be reinstated within 5 years
of the date of lapse upon written application signed by the insured,
evidence of insurability and payment of two monthly premiums, one for
the month of the lapse, the other for the month of reinstatement.
(b) Reinstatement of insurance issued under section 1925, title 38
U.S.C. Any policy of insurance issued under 38 U.S.C. 1925 which has
been lapsed for not more than 5 years shall be reinstated under the
same provisions of paragraph (a) of this section.
(c) Effective date of reinstatements. Reinstatement is effected on
the date an acceptable application and the required monetary payments
are delivered to the Department of Veterans Affairs. If application for
reinstatement is submitted by mail, properly addressed to the
Department of Veterans Affairs, the postmark date shall be the date of
[[Page 29292]]
delivery. The effective date of reinstatement of the insurance shall be
the last monthly premium due date prior to the delivery or postmark
date of the application for reinstatement, except where reinstatement
is effected on the due date of a premium, then in such case that date
shall be the reinstatement date.
(d) Inquiry during the grace period. When the insured makes inquiry
prior to the expiration of the grace period disclosing a clear intent
to continue insurance protection, such as a request for information
concerning premium rates or conversion privileges, etc., an additional
reasonable period not exceeding 60 days may be granted for payment of
premiums due; but the premiums in any such case must be paid during the
lifetime of the insured.
Sec. 8.11 [Amended]
35. In newly redesignated Sec. 8.11, paragraph (b) is amended by
removing ``Sec. 8.1'' and adding, in its place, ``Sec. 8.0''; it is
further amended by removing ``Sec. 8.0 (b), (d)(2)(i), or (d)(2)(ii)''
and adding, in its place, ``38 U.S.C. 1922(a), 1925(b), or 1925(c)'';
and by removing ``Sec. 8.0(d)(2)(iii)'' and adding, in its place, ``38
U.S.C. 1925(a)''.
Sec. 8.12 [Amended]
36. Newly redesignated Sec. 8.12 is amended by removing
``Sec. 8.23'' and adding, in its place, ``Sec. 8.11''; and by removing
``Sec. 8.23(a)'' and adding, in its place, ``Sec. 8.11(a)''.
Sec. 8.13 [Amended]
37. In newly redesignated Sec. 8.13, paragraph (f) is amended by
removing ``in Sec. 8.60'' and adding, in its place, ``Sec. 5301 of
title 38 U.S.C.''; and paragraph (g) is amended by removing
``Secs. 8.29 and 8.30,'' and adding, in its place, ``Secs. 8.17 and
8.18''.
38. The newly redesignated Sec. 8.14 is revised to read as follows:
Sec. 8.14 Cash value and policy loan.
(a) Provisions for cash value, paid-up insurance, and extended term
insurance, except as provided in Sec. 8.17(b), shall become effective
at the completion of the first policy year on any plan of National
Service Life Insurance other than the 5-year level premium term plan.
The cash value at the end of the first policy year and at the end of
any policy year thereafter, for which premiums have been paid in full,
shall be the reserve with any dividend accumulations, where applicable.
(b) Upon written request and upon complete surrender of the
insurance and all claims thereunder, the United States will pay to the
insured the cash value of the policy less any indebtedness, provided
the policy has been in force by payment or waiver of the premiums for
at least 1 year. Paid-up additions do not have to be in force for 1
year before they have cash values. Unless otherwise requested by the
insured, a surrender will be deemed completed as of the end of the
premium month in which the application for cash surrender is delivered
to the Department of Veterans Affairs, or as of the date of the check
for the cash value, whichever is later. If the application is forwarded
by mail, properly addressed, the postmark date will be taken as the
date of delivery. If it is forwarded through military channels, the
date the application is placed in military channels will be taken as
the date of delivery.
(c) All values, reserves and net single premiums on participating
National Service Life Insurance, other than as provided in paragraph
(e) of this section, shall be based on the American Experience Table of
Mortality, with interest at the rate of 3 percent per annum. For each
month after the first policy year for which month a premium has been
paid or waived, the reserve at the end of the preceding policy year
shall be increased by one-twelfth of the increase in reserve for the
current policy year.
(Authority: 38 U.S.C. 1902, 1906)
(d) All values on insurance, reserves, and net single premiums
issued under the provisions of section 1922(a) of title 38 U.S.C., and
on modified life and ordinary life plans of insurance issued under
section 1904(c), (d), and (e), respectively, shall be based on the
Commissioners 1941 Standard Ordinary Table of Mortality with interest
at the rate of 2\1/4\ percent per annum. Values between policy years
shall be proportionally adjusted.
(Authority: 38 U.S.C. 1904, 1906)
(e) All values on insurance, reserves, and net single premiums
issued under the provisions of section 1923(b) of title 38 U.S.C., and
on modified life and ordinary life plans of such insurance issued under
section 1904 (c), (d), and (e), respectively, shall be based on table
X-18 (1950-54 Intercompany Table of Mortality) with interest at the
rate of 2\1/2\ percent per annum. Values between policy years shall be
proportionally adjusted.
(Authority: 38 U.S.C. 1904, 1923)
(f) All values, reserves, and net single premiums on
nonparticipating insurance on which the requirements of good health
were waived under the provisions of section 602(c)(2) of the National
Service Life Insurance Act, as amended (``H'' Insurance), and on the
modified life and ordinary life plans of such ``H'' insurance issued
under section 1904 (c), (d), and (e), respectively, of title 38 U.S.C.
shall be based on the American Experience Table of Mortality, with
interest at the rate of 3 percent per annum. Values between policy
years shall be proportionally adjusted. The provisions of the ``Net
Cash Value'' clause in National Service Life Insurance policies are
hereby amended accordingly.
(g) All values, reserves, and net single premiums on participating
modified life and ordinary life plan insurance issued under section
1904 (b), (d), and (e), respectively, of title 38 U.S.C. shall be based
on the 1958 Commissioners Standard Ordinary Basic Table of Mortality
and interest at the rate of 3 percent per annum. Values between policy
years shall be proportionally adjusted.
(h) All values, reserves, and net single premiums on insurance
issued under the provisions of section 1925(b) of title 38 U.S.C, and
on modified life and ordinary life plans of such insurance issued under
section 1904 (c), (d), and (e), respectively, shall be based on the
1958 Commissioners Standard Ordinary Basic Mortality Table and interest
at the rate of 3\1/2\ percent per annum. Values between policy years
shall be proportionally adjusted.
(i) All values, reserves, and net single premiums on insurance
issued under the provisions of section 1925(c) of title 38 U.S.C., and
on modified life, ordinary life, 20-payment life and 30-payment life
plans, where appropriate, of such insurance issued under section 1904
(c), (d), and (e), respectively, shall be based on the American
Experience Table of Mortality and interest at the rate of 3\1/2\
percent per annum. Values between policy years shall be proportionally
adjusted.
(Authority: 38 U.S.C. 1906)
(ii) [Reserved]
Sec. 8.15 [Amended]
39. In newly redesignated Sec. 8.15, paragraph (a) is amended by
removing ``under the provisions of Sec. 8.27 (a) through (g) the
insured may elect to receive payment in monthly installments under
option 2 (Secs. 8.79, 8.80, 8.80c, and 8.81, as applicable) or as a
refund life income option in accordance with the applicable provisions
of Secs. 8.80, 8.80c, 8.81, and 8.92a.'' and adding, in its place,
``the insured may elect to receive payment in monthly installments
under option 2 or as a refund life income.''; by removing ``Sec. 8.89''
and adding, in its place, ``title
[[Page 29293]]
38 U.S.C. 1917''; by removing paragraphs (b) and (c).
Sec. 8.18 [Amended]
40. Newly redesignated Sec. 8.18 is amended by removing ``as set
forth in Sec. 8.26(a)''.
41. The newly redesignated Sec. 8.19 is revised to read as follows:
Sec. 8.19 Conversion of a 5-year level premium term policy as provided
for under Sec. 1904 of title 38 U.S.C.
National Service Life Insurance on the level premium term plan
which is in force may be exchanged for a permanent plan policy upon
written application by the insured and the payment of the current
monthly premium at the attained age for the plan of insurance selected
(except where premium waiver under 38 U.S.C. 1912 is effective). The
reserve (if any) on the policy will be allowed as a credit on the
current monthly premium except where premium waiver is effective.
Conversion to an endowment plan may not be made while the insured is
totally disabled. The conversion will be made without medical
examination, except when deemed necessary to determine whether an
applicant for conversion to an endowment plan is totally disabled, and
upon complete surrender of the term insurance while in force by payment
or waiver of premium.
(Authority: 38 U.S.C. 1904)
42. The newly redesignated Sec. 8.21 is revised to read as follows:
Sec. 8.21 Total disability-speech.
The organic loss of speech shall be deemed to be total disability
under National Service Life Insurance. Organic loss of speech will mean
the loss of the ability to express oneself, both by voice and whisper,
through the normal organs of speech if such loss is caused by organic
changes in such organs. Where such loss exists, the fact that some
speech can be produced through the use of an artificial appliance or
other organs of the body will be disregarded.
43. The newly redesignated Sec. 8.22 is revised to read as follows:
Sec. 8.22 Beneficiary and optional settlement changes.
The insured shall have the right at any time, and from time to
time, and without the knowledge or consent of the beneficiary to cancel
or change a beneficiary and/or optional settlement designation. A
change of beneficiary or optional settlement to be effective must be
made by notice in writing signed by the insured and forwarded to the
Department of Veterans Affairs by the insured or designated agent, and
must contain sufficient information to identify the insured. A
beneficiary designation and an optional settlement selection, but not a
change of beneficiary, may be made by last will and testament duly
probated. Upon receipt by the Department of Veterans Affairs, a valid
designation or change of beneficiary or option shall be deemed to be
effective as of the date of execution. Any payment made before proper
notice of designation or change of beneficiary has been received in the
Department of Veterans Affairs shall be deemed to have been properly
made and to satisfy fully the obligations of the United States under
such insurance policy to the extent of such payments.
Sec. 8.23 [Amended]
44. Newly redesignated Sec. 8.23 is amended by removing ``of
Secs. 3.1(j), 3.204, 3.205 (a) and (b), 3.209, 3.211, and 3.212'' and
adding, in its place, ``found in Part 3''.
Sec. 8.25 [Amended]
45. In newly redesignated Sec. 8.25, paragraph (b) is removed; and
paragraph (a) is amended by removing ``(a) Except as provided in
paragraph (b) of this section where'' and adding, in its place,
``Where''.
Sec. 8.27 [Amended]
46. Newly redesignated Sec. 8.27 is amended by removing
``Sec. 8.64(b)'' and adding, in its place, ``Sec. 8.25''.
47. The newly redesignated Sec. 8.29 is revised to read as follows:
Sec. 8.29 Options.
Insurance will be paid in a lump sum only when selected by the
insured during his or her lifetime or by his or her last will and
testament.
Sec. 8.30 [Amended]
48. In newly redesignated Sec. 8.30, in the heading, ``and limited
convertible 5-year level premium plan'' is removed; in paragraph (a),
in the first sentence, ``except as provided in paragraph (c) of this
section,'' is removed; and ``or limited convertible 5-year level
premium term plan'' is removed; in paragraph (b)(3)(ii), ``(Sec. 8.1)''
is removed and ``(8.0)'' is added in its place; paragraph (c) is
removed
49. Newly redesignated Sec. 8.32 is revised to read as follows:
Sec. 8.32 Application for reinstatement of total disability income
provision.
A total disability income provision which is lapsed may be
reinstated if the insured meets the same requirements as those for
reinstatement of the policy to which the total disability income
provision is attached; except that in no event shall the requirement of
a health statement or other medical evidence be waived in connection
with the reinstatement of the total disability income provision.
50. Newly redesignated Sec. 8.33 is revised to read as follows:
Sec. 8.33 Policy provisions.
Contracts of insurance authorized to be made in accordance with the
terms and conditions set forth in the forms and policy plans are
subject in all respects to the applicable provisions of title 38
U.S.C., amendments and supplements thereto, and applicable Department
of Veterans Affairs regulations promulgated pursuant thereto, all of
which together with the insured's application, required evidence of
health, including physical examination, if required, and tender of
premium shall constitute the contract.
[FR Doc. 96-14365 Filed 6-7-96; 8:45 am]
BILLING CODE 8320-01-P
Complete official Federal Register PDF
FR Doc. 96-14363 Educational Assistance Programs and Service Members Occupational Conversion and Training Act Program
[Federal Register Volume 61, Number 112 (Monday, June 10, 1996)]
[Rules and Regulations]
[Pages 29294-29297]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14363]
-----------------------------------------------------------------------
DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 21
RIN 2900-AH31
Educational Assistance Programs and Service Members Occupational
Conversion and Training Act Program
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document amends the educational assistance regulations
and the Service Members Occupational Conversion and Training Act
(SMOCTA) regulations. It restates statutory provisions of the Veterans'
Benefits Improvement Act of 1994 and the National Defense Authorization
Act for Fiscal Year 1995. It also makes changes to set forth statutory
interpretations of the Department of Veterans Affairs (VA), to reflect
current organizational structure within VA, and to provide
clarification. These changes affect the Survivors' and Dependents'
Educational Assistance program, the Montgomery GI Bill--Active Duty
program, the Montgomery GI Bill--Selected Reserve program, the SMOCTA
program, and the Post-Vietnam Era Veterans' Educational Assistance
program (VEAP).
EFFECTIVE DATE: This final rule is effective June 10, 1996. For more
information concerning the application of the provisions of the final
rule, see the SUPPLEMENTARY INFORMATION section.
FOR FURTHER INFORMATION CONTACT: June C. Schaeffer, Assistant Director
for Policy and Program Administration, Education Service, Veterans
Benefits Administration, (202) 273-7187.
SUPPLEMENTARY INFORMATION: This document amends regulations in 38 CFR
Part 21. It amends educational assistance regulations concerning the
Survivors' and Dependents' Educational Assistance program in subpart C
and the Montgomery GI Bill--Active Duty program in subpart K. Also,
this document makes changes to the administrative provisions in subpart
D that affect the Survivors' and Dependents' Educational Assistance
program, the Montgomery GI Bill--Active Duty program, the Montgomery GI
Bill--Selected Reserve program, and VEAP. Further, this document amends
the SMOCTA regulations in subpart F-3.
The Veterans' Benefits Improvement Act of 1994 (Pub. L. 103-446)
contains many provisions that affect the Montgomery GI Bill--Active
Duty program. These include making vocational flight training
permanently available under the Montgomery GI Bill--Active Duty
program; permitting approval of alternative teacher certification
programs for training under the Montgomery GI Bill--Active Duty
program; eliminating VA's authority to functionally supervise State
approving agencies; restricting approved correspondence courses to
accredited courses; and permitting approval of programs of education
offered by foreign educational institutions when those programs include
courses offered away from the institution's main campus. Accordingly,
the regulations in subparts D and K are amended to incorporate the
statutory changes.
Pursuant to Pub. L. 103-446, the provisions concerning alternative
teacher certification do not apply to the Survivors' and Dependents'
Educational Assistance program, and regulations in subpart C governing
that program are revised to clarify that fact. The provisions of Pub.
L. 103-446 also provide that certain recipients of Survivors' and
Dependents' Educational Assistance in the Philippines who were being
paid at the rate equivalent to 50 cents on the dollar in Philippine
pesos will now be paid in U.S. dollars. The regulations in subpart C
are amended accordingly. We also made various changes to SMOCTA
regulations in subpart F-3 to reflect the statutory changes made by
Pub. L. 103-446. In this regard, the SMOCTA regulations are amended by
eliminating the prohibition against training programs that lasted more
than 18 months, by eliminating provisions that required a two week wait
before a veteran could begin a training program, and by adding an
aggregate limit of not more than $10,000 or $12,000, as applicable,
that could be paid to employers when a trainee was in more than one
training program.
The National Defense Authorization Act for Fiscal Year 1995 (Pub.
L. 103-337) contains provisions permitting additional members of the
Coast Guard to qualify for the Montgomery GI Bill--Active Duty program.
The regulations in subpart K are amended to reflect the statutory
change.
VA is prohibited by statute from approving the enrollment of an
eligible veteran in a course if 85% or more of the students enrolled in
the course are VA-supported. In this regard, vocational flight training
is now a permanent part of the Montgomery GI Bill--Active Duty program,
the Montgomery GI Bill--Selected Reserve program, and VEAP. The
regulations are amended by providing that solo flight training and
training in flight simulators are to be included in the calculations
for determining whether the 85%-15% requirement has been met in flight
courses. This is necessary since in our
[[Page 29295]]
view 38 U.S.C. 3680A(d) requires that when educational assistance may
be paid to eligible veterans for any courses, those courses are subject
to the 85%-15% requirement.
The regulations in subpart D are amended by eliminating references
to the Director, Vocational Rehabilitation and Education Service, a
position that no longer exists; by removing an obsolete reference to
eligibility requirements under the old Vietnam Era GI Bill from the
regulations concerning training in foreign schools, since there no
longer is any eligibility under the Vietnam Era GI Bill; and
clarifying, consistent with the requirements of Pub. L. 103-446, that a
person eligible under the Montgomery GI Bill--Active Duty program and
the Montgomery GI Bill--Selected Reserve program may train in foreign
schools.
Pub. L. 103-446 contains a provision that requires any entity
offering an alternative teacher certification program to be considered
to be an educational institution for VA purposes during the period
beginning on November 2, 1994, and ending on September 30, 1996. This
document amends subparts D and K to reflect this statutory change.
This document also amends subparts D and K by adding a definition
of ``alternative teacher certification program'' as follows:
The term alternative teacher certification program, for the
purposes of determining whether an entity offering such a program is
a school, educational institution or institution as defined in * * *
this section, means a program leading to a teacher's certificate
that allows individuals with a bachelor's degree or graduate degree
to obtain teacher certification without enrolling in an institution
of higher learning.
We believe this is consistent with congressional intent.
The educational assistance regulations in subparts C, D, and K and
the SMOCTA regulations in subpart F-3 are further amended by making
other changes for purposes of clarification.
The restatements of statute and statutory interpretations of Pub.
L. 102-484 and Pub. L. 103-446 contained in this final rule will be
applied retroactively from the effective dates of the statutory
provisions. However, the revisions concerning the internal VA
reorganization and other clarifications will be applied from the
effective date of the rule. Dates of application for provisions covered
by this document are as follows:
Oct. 1, 1994: Sec. 21.7120.
Oct. 5, 1994: Sec. 21.7045.
Nov. 2, 1994: Secs. 21.3333, 21.4152, 21.4155, 21.4200, 21.4250(f),
21.4820, 21.4830, 21.4832, and 21.7020.
Jan. 31, 1995: Secs. 21.4252(e) and 21.4279.
June 10, 1996: Secs. 21.4201 and 21.4260.
This document makes no substantive changes. It restates statutory
provisions, sets forth statutory interpretations, reflects current
organizational structure within VA, and makes changes for
clarification. Accordingly, there is a basis for dispensing with prior
notice and comment and delayed effective date provisions of 5 U.S.C.
552 and 553.
The Secretary of Veterans Affairs hereby certifies that this final
rule will not have a significant economic impact on a substantial
number of small entities as they are defined in the Regulatory
Flexibility Act, 5 U.S.C. 601-612. This final rule makes no substantive
changes. Pursuant to 5 U.S.C. 605(b), this final rule, therefore, is
exempt from the initial and final regulatory flexibility analyses
requirements of sections 603 and 604.
The Catalog of Federal Domestic Assistance numbers for programs
affected by this final rule are 64.117, 64.120, and 64.124. No Catalog
of Federal Domestic Assistance number has been assigned to the
Montgomery GI Bill--Selected Reserve program or the training programs
under the Service Members Occupational Conversion and Training Act.
List of Subjects in 38 CFR Part 21
Administrative practice and procedure, Armed forces, Civil rights,
Claims, Colleges and universities, Conflict of interests, Defense
Department, Education, Employment, Grant programs--education, Grant
programs--veterans, Health care, Loan programs--education, Loan
programs--veterans, Manpower training programs, Reporting and
recordkeeping requirements, Schools, Travel and transportation
expenses, Veterans, Vocational education, Vocational rehabilitation.
Approved: May 31, 1996.
Jesse Brown,
Secretary of Veterans Affairs.
For the reasons set out in the preamble, 38 CFR part 21 is amended
as set forth below.
PART 21--VOCATIONAL REHABILITATION AND EDUCATION
Subpart C--Survivors' and Dependents' Educational Assistance Under
38 U.S.C. Chapter 35
1. The authority citation for subpart C is revised to read as
follows:
Authority: 38 U.S.C. 501(a), 512, 3500-3566, unless otherwise
noted.
2. In Sec. 21.3021, paragraph (k) is redesignated as paragraph (l);
and new paragraph (k) is added and newly redesignated paragraph (l) is
revised, to read as follows:
Sec. 21.3021 Definitions.
* * * * *
(k) School, educational institution, institution. The terms school,
educational institution and institution mean:
(1) A vocational school or business school;
(2) A junior college, teachers' college, college, normal school,
professional school, university, or scientific or technical
institution;
(3) A public or private secondary school;
(4) A training establishment as defined in Sec. 21.4200(c); or
(5) An institution that provides specialized vocational training,
generally recognized as on the secondary school level or above, for
people with mental or physical disabilities.
(Authority: 38 U.S.C. 3501(a)(6), 3535)
* * * * *
(l) Additional definitions. The definitions of all terms that are
defined in Sec. 21.4200 but that are not defined in this section apply
to subpart C of this part.
(Authority: 38 U.S.C. 501, 3501)
* * * * *
3. In Sec. 21.3333, paragraph (c) is revised to read as follows:
Sec. 21.3333 Rates.
* * * * *
(c) Payments made to eligible persons in the Republic of the
Philippines or to certain Filipinos. When the eligible person is
pursuing training at an institution located in the Republic of the
Philippines or when an eligible child's entitlement is based on the
service of a veteran in the Philippine Commonwealth Army, or as a
Philippine Scout as defined in Sec. 3.8(b), (c), or (d) of this
chapter, payments of special training allowance made after December 31,
1994, will be made at the rate of 50 cents for each dollar authorized.
(Authority: 38 U.S.C. 3532(d), 3542, 3565)
* * * * *
Subpart D--Administration of Educational Assistance Programs
4. The authority citation for subpart D continues to read as
follows:
Authority: 10 U.S.C. ch. 1606; 38 U.S.C. 501(a), chs. 30, 32,
34, 35, 36, unless otherwise noted.
[[Page 29296]]
Sec. 21.4155 [Amended]
5. In Sec. 21.4152, paragraph (a) is amended by removing ``Except
as provided in Sec. 21.4155 of this part, no'' and adding, in its
place, ``No''.
Sec. 21.4152 [Amended]
6. In Sec. 21.4155, paragraph (b) is removed and paragraphs (c) and
(d) are redesignated as paragraphs (b) and (c), respectively.
7. In Sec. 21.4200, paragraph (a) is revised and paragraph (w) is
added, to read as follows:
Sec. 21.4200 Definitions.
(a) School, educational institution, institution. The terms school,
educational institution and institution mean:
(1) A vocational school or business school;
(2) A junior college, teachers' college, college, normal school,
professional school, university, or scientific or technical
institution;
(3) A public or private elementary school or secondary school;
(4) A training establishment as defined in paragraph (c) of this
section; or
(5) Any entity during the period beginning on November 2, 1994, and
ending on September 30, 1996, other than an institution of higher
learning, that provides training for completion of a State-approved
alternative teacher certification program.
(Authority: 38 U.S.C. 3452)
* * * * *
(w) Alternative teacher certification program. The term alternative
teacher certification program, for the purposes of determining whether
an entity offering such a program is a school, educational institution,
or institution as defined in paragraph (a)(5) of this section, means a
program leading to a teacher's certificate that allows individuals with
a bachelor's degree or graduate degree to obtain teacher certification
without enrolling in an institution of higher learning.
(Authority: 38 U.S.C. 3452(c))
* * * * *
8. In Sec. 21.4201, paragraph (e)(3)(ii) introductory text is
amended by removing ``part 141, Title 14, Code of Federal Regulations''
in each place and adding, in its place, ``14 CFR part 141''; paragraphs
(e)(3)(ii)(B) and (e)(3)(ii)(C) are removed; paragraphs (e)(3)(ii)(D)
and (e)(3)(ii)(E) are redesignated as paragraphs (e)(3)(ii)(B) and
(e)(3)(ii)(C), respectively; and the section heading and newly
redesignated paragraph (e)(3)(ii)(C) are revised to read as follows:
Sec. 21.4201 Restrictions on enrollment; percentage of students
receiving financial support.
* * * * *
(e) * * *
(3) * * *
(ii) * * *
(C) For students enrolled in courses not approved under 14 CFR part
141, such as courses offered by flight simulator or courses for
navigator or flight engineer, shall include ground training time or
charges; actual logged instructional flight time or charges; and
instructional time in a flight simulator or charges for that training.
(Authority: 10 U.S.C. 16136(c); 38 U.S.C. 3034(d), 3680A(d))
* * * * *
9. In Sec. 21.4252, paragraph (e) is revised and paragraph (f) is
added, to read as follows:
Sec. 21.4252 Courses precluded.
* * * * *
(e) Correspondence courses. (1) VA will not approve the enrollment
of an individual under 10 U.S.C. Chapter 1606 or 38 U.S.C. Chapter 30,
32, or 35 in a correspondence course or the correspondence portion of a
correspondence-residence course unless the course is accredited and
meets the requirements of Secs. 21.4253, 21.4256, and 21.4279, as
appropriate.
(2) VA will not approve the enrollment of an eligible child under
38 U.S.C. Chapter 35 in a correspondence course or the correspondence
portion of a correspondence-residence course.
(Authority: 38 U.S.C. 3534(b))
(f) Alternative teacher certification program. VA will not approve
the enrollment of an eligible person under 38 U.S.C. Chapter 35 in an
alternative teacher certification program unless that program is
offered by an institution of higher learning as defined in
Sec. 21.4200(h).
(Authority: 38 U.S.C. 3452(c), 3501(a)(6))
* * * * *
10. In Sec. 21.4260, paragraphs (b)(2), (b)(3)(ii)(B), (b)(5), and
(b)(6) are amended by removing ``Vocational Rehabilitation and'';
paragraph (c)(1) is amended by removing ``of eligible'' and adding, in
its place, ``or eligible''; and paragraphs (c)(1)(i), (c)(1)(ii), and
(c)(2) are revised to read as follows:
Sec. 21.4260 Courses in foreign countries.
* * * * *
(c) * * *
(1) * * *
(i) The eligible person, serviceperson, veteran, or reservist meets
the eligibility and entitlement requirements of either Secs. 21.3040
through 21.3046, Secs. 21.5040 and 21.5041, Secs. 21.7040 through
21.7045, or Sec. 21.7540, as appropriate;
(ii) The eligible person's, serviceperson's, veteran's, or
reservist's program of education meets the requirements of either
Sec. 21.3021(h), Sec. 21.5230, Sec. 21.7020(b)(23), or
Sec. 21.7520(b)(17), as appropriate; and
* * * * *
(2) VA may deny or discontinue the payment of educational
assistance allowance to a veteran, serviceperson, eligible person or
reservist pursuing a course in an institution of higher learning not
located in a State when VA finds that the veteran's, serviceperson's,
eligible person's, or reservist's enrollment is not in his or her best
interest or the best interest of the Federal Government.
(Authority: 38 U.S.C. 3687)
11. In Sec. 21.4279, paragraph (b) introductory text and paragraph
(b)(1) are revised to read as follows:
Sec. 21.4279 Combination correspondence-residence program.
* * * * *
(b) Payment for pursuit of a correspondence-residence program. The
rate of educational assistance payable to a spouse or surviving spouse
under 38 U.S.C. Chapter 35 for the residence portion of a
correspondence-residence course or program shall be computed as set
forth in Secs. 21.3131(a) and 21.4270.
(1) The charges for that portion of the course or program pursued
exclusively by correspondence will be in accordance with
Sec. 21.3131(a) with 1 month entitlement charged for each $404 of cost
reimbursed.
(Authority: 38 U.S.C. 3534)
* * * * *
Subpart F-3--Service Members Occupational Conversion and Training
Program
12. The authority citation for subpart F-3 is revised to read as
follows:
Authority: 10 U.S.C. 1143 note; sec. 4481-4497, Pub. L. 102-484,
106 Stat. 2757-2769; sec. 610, Pub. L. 103-446, 108 Stat. 4673-4674,
unless otherwise noted.
13. Section 21.4820 is amended by removing paragraph (a)(3)
introductory text; redesignating paragraphs (a)(3)(i) and (a)(3)(ii) as
paragraphs (a)(3) and (a)(4), respectively; and paragraph (a)(1) and
newly redesignated paragraph (a)(4) are revised to read as follows:
Sec. 21.4820 Job training program approval.
(a) * * *
(1) The training provided under an employer's job training program
must be in a field of employment providing a
[[Page 29297]]
reasonable probability of stable, long-term employment and such
training must be provided for a period of not less than 6 months.
* * * * *
(4) If a job training program requires more than 18 months (or the
equivalent in training hours) of training to complete, the period of
training approvable for purposes of this subpart will be limited to the
first 18 months (or the equivalent in training hours) of training under
that program, or a period of training not to exceed 18 months (or the
equivalent in training hours) from the point at which the eligible
person enters the program in the case where the employer grants credit
for prior training. (See Sec. 21.4832(a)(3)).
(Authority: 10 U.S.C. 1143 note; sec. 4481-4497, Pub. L. 102-484,
106 Stat. 2757-2769, as amended by sec. 610, Pub. L. 103-446, 108
Stat. 4673-4674)
* * * * *
14. In Sec. 21.4830, paragraph (b)(2) is revised to read as
follows:
Sec. 21.4830 Entrance into training.
* * * * *
(b) * * *
(2) The eligible person may enter the job training program on or
after the date the notice of intent to hire described in paragraph (a)
of this section is submitted to VA. However, VA may not provide
assistance to the employer if, within two weeks after the date on which
the notice of intent to hire is transmitted to VA, VA disapproves the
eligible person's entry into that program due to a lack of funds.
* * * * *
15-16. In Sec. 21.4832, paragraph (d)(1) introductory text is
revised to read as follows:
Sec. 21.4832 Payments to employers.
* * * * *
(d) Limitations on amount of payments. (1) In no case will the sum
of the periodic payments and the lump-sum payment made to an employer
for all programs of training that an eligible veteran may pursue with
that employer exceed:
* * * * *
Subpart K--All Volunteer Force Educational Assistance Program
(Montgomery GI Bill--Active Duty)
17. The authority citation for subpart K is revised to read as
follows:
Authority: 38 U.S.C. 501(a), chs. 30, 36, unless otherwise
noted.
18. In Sec. 21.7020, paragraph (b)(29) is revised and paragraph
(b)(43) is added, to read as follows:
Sec. 21.7020 Definitions.
* * * * *
(b) * * *
(29) School, educational institution, institution. The terms
school, educational institution, and institution mean--
(i) Any vocational school, correspondence school, business school,
junior college, teachers' college, college, normal school, professional
school, university or scientific or technical institution;
(ii) Any public or private elementary school or secondary school
which offers courses for adults, provided that the courses lead to an
objective other than an elementary school diploma, a high school
diploma or their equivalents; and
(iii) An entity, during the period beginning on November 2, 1994,
and ending on September 30, 1996, other than an institution of higher
learning, that provides training required for completion of a State-
approved alternative teacher certification program.
(Authority: 38 U.S.C. 3002(8), 3452(c); Pub. L. 98-525, Pub. L. 103-
446)
* * * * *
(43) Alternative teacher certification program. The term
alternative teacher certification program, for the purposes of
determining whether an entity offering such a program is a school,
educational institution or institution as defined in paragraph
(b)(29)(iii) of this section, means a program leading to a teacher's
certificate that allows individuals with a bachelor's degree or
graduate degree to obtain teacher certification without enrolling in an
institution of higher learning.
(Authority: 38 U.S.C. 3452(c))
19. In Sec. 21.7045, paragraph (a)(1), paragraph (b), introductory
text, and the authority citations for paragraphs (a) and (b) are
revised, to read as follows:
Sec. 21.7045 Eligibility based on involuntary separation or voluntary
separation.
* * * * *
(a) * * *
(1) The individual--
(i) If not a member of the Coast Guard, must be on active duty or
full-time National Guard duty either on September 30, 1990, or after
November 29, 1993, or if a member of the Coast Guard, must be on active
duty after September 30, 1994, and
(ii) After February 2, 1991, must be involuntarily separated, as
that term is defined in 10 U.S.C. 1141, with an honorable discharge; or
* * * * *
(Authority: 10 U.S.C. 1141; 38 U.S.C. 3018A)
(b) Additional requirements for those individuals voluntarily
separated after October 23, 1992, or involuntarily separated. An
individual who meets the requirements of paragraph (a)(1) of this
section; or an individual who meets the requirements of paragraph
(a)(2) of this section and who either was not a member of the Coast
Guard and was separated after October 22, 1992, or who was a member of
the Coast Guard and was separated after September 30, 1994, must meet
the following additional requirements in order to establish eligibility
for educational assistance:
* * * * *
(Authority: 38 U.S.C. 3018B)
* * * * *
Sec. 21.7120 [Amended]
20. In Sec. 21.7120, paragraph (c)(1)(ii)(D) is amended by removing
``and before October 1, 1994''.
[FR Doc. 96-14363 Filed 6-7-96; 8:45 am]
BILLING CODE 8320-01-P
Complete official Federal Register PDF
FR Doc. 96-14362 Autopsies
[Federal Register Volume 61, Number 112 (Monday, June 10, 1996)]
[Rules and Regulations]
[Pages 29293-29294]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14362]
-----------------------------------------------------------------------
DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 17
RIN 2900-AI07
Autopsies
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document amends the autopsies regulations. The
regulations in effect prior to the effective date of this document set
forth a mechanism for informing the appropriate United States Attorney
through a VA Regional Counsel's Office of a death at a VA facility when
it is ``suspected that the death resulted from crime or the cause of
death is unknown.'' This merely was intended to apply when there was a
suspicion that a death resulted from a crime. The words ``or the cause
of death is unknown'' are removed based on the determination that they
are not necessary to accomplish the intended purpose and could be
misunderstood to mean that the autopsy procedures were intended to
apply when there is no suspicion of a crime. This document also changes
the term ``coroner'' to ``medical examiner/coroner'' to reflect that in
the context of the regulations it is appropriate for both names to be
used interchangeably.
EFFECTIVE DATE: June 10, 1996.
FOR FURTHER INFORMATION CONTACT: Mary M. Stitak, Staff Assistant to
Director, Pathology and Laboratory Medicine Service (111F), Patient
Care Services, Veterans Health Administration, Department of Veterans
Affairs, 810 Vermont Avenue, NW, Washington, DC 20420, (202) 565-7075.
[[Page 29294]]
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 final rule will not have a
significant economic impact on a substantial number of small entities
as they are defined in the Regulatory Flexibility Act (RFA), 5. U.S.C.
601-602. This final rule would not cause a significant effect on any
entities since it does not contain any substantive provisions.
Therefore, pursuant to 5 U.S.C. 605(b), this amendment is exempt from
the initial and final regulatory flexibility analysis requirements of
sections 603 and 604.
The Catalog of Federal Domestic Assistance program numbers are
64008, 64009, and 64010.
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, Philippines, Reporting
and recordkeeping requirements, Scholarships and fellowships, Travel
and transportation expenses, Veterans.
Approved: May 31, 1996.
Jesse Brown,
Secretary of Veterans Affairs.
For the reasons set forth in the preamble, 38 CFR part 17 is
amended as set forth below:
PART 17--MEDICAL
1. The authority citation for part 17 continues to read as follows:
Authority: 38 U.S.C. 501, 1721, unless otherwise noted.
Sec. 17.170 [Amended]
2. In Sec. 17.170, paragraph (c) is amended by removing ``or the
cause of death is unknown'', and paragraph (d) is amended by removing
``coroner'' each time it appears and adding, in its place, ``medical
examiner/coroner''.
[FR Doc. 96-14362 Filed 6-7-96; 8:45 am]
BILLING CODE 8320-01-P
Complete official Federal Register PDF
FR Doc. 96-14230 Airworthiness Directives; Airbus Industrie Model A300, A310, and A300-600 Series Airplanes
[Federal Register Volume 61, Number 112 (Monday, June 10, 1996)]
[Rules and Regulations]
[Pages 29267-29269]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14230]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 61, No. 112 / Monday, June 10, 1996 / Rules
and Regulations
[[Page 29267]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 93-NM-133-AD; Amendment 39-9658; AD 96-12-15]
RIN 2120-AA64
Airworthiness Directives; Airbus Industrie Model A300, A310, and
A300-600 Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This amendment adopts a new airworthiness directive (AD),
applicable to certain Airbus Model A300, A310, and A300-600 series
airplanes, that requires inspections to detect missing fasteners,
cracked fitting angles, and elongated fastener holes in certain frames,
and correction of discrepancies. It also provides an optional
terminating action. This amendment is prompted by discrepancies found
at the fitting angles on the frame at which a certain electronic rack
is attached. The actions specified by this AD are intended to prevent
damage propagation that could lead to failure of the rack-to-structure
attachment points, and subsequently could result in loss of airplane
systems, structural damage, and possible electrical arcing.
DATES: Effective July 15, 1996.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of July 15, 1996.
ADDRESSES: The service information referenced in this AD may be
obtained from Airbus Industrie, 1 Rond Point Maurice Bellonte, 31707
Blagnac Cedex, France. This information may be examined at the Federal
Aviation Administration (FAA), Transport Airplane Directorate, Rules
Docket, 1601 Lind Avenue, SW., Renton, Washington; or at the Office of
the Federal Register, 800 North Capitol Street, NW., suite 700,
Washington, DC.
FOR FURTHER INFORMATION CONTACT: Tim Backman, Aerospace Engineer,
Standardization Branch, ANM-113, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (206)
227-2797; fax (206) 227-1149.
SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal
Aviation Regulations (14 CFR part 39) to include an airworthiness
directive (AD) that is applicable to certain Airbus Model A300, A310,
and A300-600 series airplanes was published in the Federal Register as
a supplemental notice of proposed rulemaking on February 12, 1996 (61
FR 5326). That action proposed to require inspections to detect missing
fasteners, cracked fitting angles, and elongated fastener holes in
certain frames, and correction of discrepancies. It also proposed to
provide an optional terminating action.
Discussion of Comments
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
the single comment received.
The commenter supports the proposed rule.
Conclusion
After careful review of the available data, including the comment
noted above, the FAA has determined that air safety and the public
interest require the adoption of the rule as proposed.
Cost Impact
The FAA estimates that 78 Airbus Model A300, A310, and A300-600
series airplanes of U.S. registry will be affected by this AD, that it
will take approximately 1.5 work hours per airplane to accomplish the
required inspections, at an average labor rate of $60 per work hour.
Based on these figures, the cost impact of the AD on U.S. operators is
estimated to be $7,020, or $90 per airplane, per inspection.
The cost impact figure discussed above is based on assumptions that
no operator has yet accomplished any of the requirements of this AD
action, and that no operator would accomplish those actions in the
future if this AD were not adopted.
Should an operator elect to accomplish the optional terminating
action that is provided by this AD action, rather than continue the
repetitive inspections, it will take approximately 7 work hours to
accomplish it, at an average labor rate of $60 per work hour. The cost
of required parts will be approximately $1,615 per airplane. Based on
these figures, the cost impact of the optional terminating action will
be $2,035 per airplane.
Regulatory Impact
The regulations adopted herein will not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government. Therefore, in
accordance with Executive Order 12612, it is determined that this final
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
For the reasons discussed above, I certify that this action (1) is
not a ``significant regulatory action'' under Executive Order 12866;
(2) is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and (3) will not have a
significant economic impact, positive or negative, on a substantial
number of small entities under the criteria of the Regulatory
Flexibility Act. A final evaluation has been prepared for this action
and it is contained in the Rules Docket. A copy of it may be obtained
from the Rules Docket at the location provided under the caption
ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (14 CFR part 39) as follows:
[[Page 29268]]
PART 39--AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 USC 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding the following new
airworthiness directive:
96-12-15 Airbus Industrie: Amendment 39-9658. Docket 93-NM-133-AD.
Applicability: Model A300 series airplanes listed in Airbus
Service Bulletin A300-53-0300, dated October 28, 1993; Model A310
series airplanes listed in Airbus Service Bulletin A310-53-2077,
dated October 28, 1993; and Model A300-600 series airplanes listed
in Airbus Service Bulletin A300-53-6055, dated October 28, 1993; on
which Airbus Modification No. 10414 or production equivalent has not
been installed; certificated in any category.
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
otherwise modified, altered, or repaired in the area subject to the
requirements of this AD. For airplanes that have been modified,
altered, or repaired so that the performance of the requirements of
this AD is affected, the owner/operator must request approval for an
alternative method of compliance in accordance with paragraph (g) of
this AD. The request should include an assessment of the effect of
the modification, alteration, or repair on the unsafe condition
addressed by this AD; and, if the unsafe condition has not been
eliminated, the request should include specific proposed actions to
address it.
Compliance: Required as indicated, unless accomplished
previously.
To prevent failure of the electric rack-to-structure attachment
points, which could subsequently result in loss of airplane systems,
structural damage, and possible electrical arcing, accomplish the
following:
(a) Prior to the accumulation of 7,000 total flight cycles, or
within 50 flight cycles after the effective date of this AD,
whichever occurs later, perform a detailed visual inspection of the
right-and left-hand lower attachments of electric rack 101VU,
including the crossbeams at frames 15A and 16, to detect missing
fasteners, cracked fitting angles, or elongated fastener holes, in
accordance with Airbus Service Bulletin A300-53-0300 (for Model A300
series airplanes), dated October 28, 1993; Airbus Service Bulletin
A310-53-2077 (for Model A310 series airplanes), dated October 28,
1993; or Airbus Service Bulletin A300-53-6055 (for Model A300-600
series airplanes), dated October 28, 1993; as applicable.
Note 2: Inspections accomplished in accordance with Airbus
Industrie All Operator Telex (AOT) 53-03, Revision 3, dated December
23, 1992, prior to the effective date of this AD, are considered
acceptable for compliance with the inspection requirements of this
paragraph.
(b) If no discrepancies are identified during the inspection
required by paragraph (a) of this AD, repeat the detailed visual
inspection thereafter at intervals not to exceed 2,300 flight
cycles.
(c) If any fastener is missing or is found to be damaged during
any inspection required by this AD, prior to further flight, replace
the fastener in accordance with Airbus Service Bulletin A300-53-0300
(for Model A300 series airplanes), dated October 28, 1993; Airbus
Service Bulletin A310-53-2077 (for Model A310 series airplanes),
dated October 28, 1993; or Airbus Service Bulletin A300-53-6055 (for
Model A300-600 series airplanes), dated October 28, 1993; as
applicable.
(d) If any fitting angle is found to be cracked during any
inspection required by this AD, prior to further flight, install
Modification No. 10414 in accordance with Airbus Service Bulletin
A300-53-0294 (for Model A300 series airplanes), dated May 17, 1993;
Airbus Service Bulletin A310-53-2076 (for Model A310 series
airplanes), dated May 17, 1993; or Airbus Service Bulletin A300-53-
6046 (for Model A300-600 series airplanes), dated May 17, 1993; as
applicable. Installation of this modification constitutes
terminating action for the inspections required by this AD.
(e) If any crossbeam is found damaged during any inspection
required by this AD, prior to further flight, repair it in
accordance with a method approved by the Manager, Standardization
Branch, ANM-113, FAA, Transport Airplane Directorate.
(f) Installation of Modification No. 10414 in accordance with
Airbus Service Bulletin A300-53-0294 (for Model A300 series
airplanes), dated May 17, 1993; Airbus Service Bulletin A310-53-2076
(for Model A310 series airplanes), dated May 17, 1993; or Airbus
Service Bulletin A300-53-6046 (for Model A300-600 series airplanes),
dated May 17, 1993; as applicable; constitutes terminating action
for the inspections required by this AD.
(g) An alternative method of compliance or adjustment of the
compliance time that provides an acceptable level of safety may be
used if approved by the Manager, Standardization Branch, ANM-113,
FAA, Transport Airplane Directorate. Operators shall submit their
requests through an appropriate FAA Principal Maintenance Inspector,
who may add comments and then send it to the Manager,
Standardization Branch, ANM-113.
Note 3: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Standardization Branch, ANM-113.
(h) Special flight permits may be issued in accordance with
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the airplane to a location where
the requirements of this AD can be accomplished. (i) The inspections
and replacement shall be done in accordance with Airbus Service
Bulletin A300-53-0300, dated October 28, 1993; Airbus Service
Bulletin A310-53-2077, dated October 28, 1993; or Airbus Service
Bulletin A300-53-6055, dated October 28, 1993; as applicable. The
modification shall be done in accordance with the following Airbus
service bulletins, which contain the specified effective pages:
----------------------------------------------------------------------------------------------------------------
Service bulletin referenced Revision level shown
and date Page No. on page Date shown on page
----------------------------------------------------------------------------------------------------------------
A300-53-0294, May 17, 1993.... 1-34,............................. Original............. May 17, 1993.
A310-53-2076, May 17, 1993.... 1-34.............................. Original............. May 17, 1993.
A300-53-6046, Revision 1, Apr. 1, 4, 11, 14-18, 21, 22, 25-31.... 1.................... Apr. 5, 1994
5, 1994.
2, 3, 5-10, 12, 13, 19, 20, 23, Original............. May 17, 1993.
24, 32.
----------------------------------------------------------------------------------------------------------------
[[Page 29269]]
This incorporation by reference was approved by the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51. Copies may be obtained from Airbus Industrie, 1 Rond Point
Maurice Bellonte, 31707 Blagnac Cedex, France. Copies may be
inspected at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue, SW., Renton, Washington; or at the Office of the Federal
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.
(j) This amendment becomes effective on July 15, 1996.
Issued in Renton, Washington, on May 31, 1996.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 96-14230 Filed 6-7-96; 8:45 am]
BILLING CODE 4910-13-U
Complete official Federal Register PDF
FR Doc. 96-14229 Airworthiness Directives; Beech (Raytheon) Model BAe 125 Series 800A and Model Hawker 800 Airplanes
[Federal Register Volume 61, Number 112 (Monday, June 10, 1996)]
[Rules and Regulations]
[Pages 29276-29277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14229]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 95-NM-122-AD; Amendment 39-9659; AD 96-12-16]
RIN 2120-AA64
Airworthiness Directives; Beech (Raytheon) Model BAe 125 Series
800A and Model Hawker 800 Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This amendment adopts a new airworthiness directive (AD),
applicable to certain Beech (Raytheon) Model BAe 125 series 800A and
Model Hawker 800 airplanes, that requires modification of the airframe
structure in the lower area of the fuselage aft of the wing rear spar.
For certain airplanes, this amendment also requires a functional test
to determine if a particular bolt fouls the flap control system. This
amendment is prompted by reports of restricted control of the aileron
due to water accumulation that froze in the area around an aileron
pulley located in the lower area of the fuselage aft of the wing rear
spar. The actions specified by this AD are intended to prevent such
water accumulation, which could freeze and result in restricted control
of the ailerons; subsequently, this could reduce the pilot's ability to
initiate roll control during critical phases of flight.
DATES: Effective July 15, 1996.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of July 15, 1996.
ADDRESSES: The service information referenced in this AD may be
obtained from Raytheon Aircraft Co., Manger Service Engineering, Hawker
Customer Support Department, P.O. Box 85, Wichita, Kansas 67201-0085.
This information may be examined at the Federal Aviation Administration
(FAA), Transport Airplane Directorate, Rules Docket, 1601 Lind Avenue,
SW., Renton, Washington; or at the Office of the Federal Register, 800
North Capitol Street, NW., suite 700, Washington, DC.
FOR FURTHER INFORMATION CONTACT: William Schroeder, Aerospace Engineer,
Standardization Branch, ANM-113, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (206)
227-2148; fax (206) 227-1149.
SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal
Aviation Regulations (14 CFR part 39) to include an airworthiness
directive (AD) that is applicable to certain Beech (Raytheon) Model BAe
125 series 800A and Model Hawker 800 airplanes was published in the
Federal Register on February 9, 1996 (61 FR 4943). That action proposed
to require modification of the airframe structure in the lower area of
the fuselage aft of the wing rear spar. For certain airplanes, that
action also proposed to require a functional test to determine if a
bolt fouls the flap control system.
No Comments Received
Interested persons have been afforded an opportunity to participate
in the making of this amendment. No comments were submitted in response
to the proposal or the FAA's determination of the cost to the public.
Editorial Changes Made to the Final Rule
The FAA has revised the final rule to correctly designate the
affected airplane models as ``Beech (Raytheon) Model BAe 125 series
800A and Model Hawker 800 airplanes.''
Additionally, a new ``Note 2'' has been added to the final rule to
clarify that airworthiness authorities of countries in which Beech
(Raytheon) Model BAe 125 series 800B airplanes are approved for
operation should consider adopting corrective action that is similar to
that required by this AD. Those airplane models are not certificated
for operation in the United States, but are similar in design to the
affected airplanes and, thus, may be subjected to the same unsafe
condition addressed by this AD.
Conclusion
The FAA has determined that air safety and the public interest
require the adoption of the rule with the changes previously described.
The FAA has determined that these changes will
[[Page 29277]]
neither increase the economic burden on any operator nor increase the
scope of the AD.
Cost Impact
The FAA estimates that 163 airplanes of U.S. registry will be
affected by this AD, that it will take approximately 25 work hours per
airplane to accomplish the required actions, and that the average labor
rate is $60 per work hour. Required parts be supplied by the
manufacturer at no cost to the operators. Based on these figures, the
cost impact of the AD on U.S. operators is estimated to be $244,500, or
$1,500 per airplane.
The cost impact figure discussed above is based on assumptions that
no operator has yet accomplished any of the requirements of this AD
action, and that no operator would accomplish those actions in the
future if this AD were not adopted.
Regulatory Impact
The regulations adopted herein will not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government. Therefore, in
accordance with Executive Order 12612, it is determined that this final
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
For the reasons discussed above, I certify that this action (1) is
not a ``significant regulatory action'' under Executive Order 12866;
(2) is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and (3) will not have a
significant economic impact, positive or negative, on a substantial
number of small entities under the criteria of the Regulatory
Flexibility Act. A final evaluation has been prepared for this action
and it is contained in the Rules Docket. A copy of it may be obtained
from the Rules Docket at the location provided under the caption
ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (14 CFR part 39) as follows:
PART 39--AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding the following new
airworthiness directive:
96-12-16 Beech Aircraft Corporation. (Formerly deHavilland;
Hawker Siddeley; British Aerospace, plc; Raytheon Corporate Jets,
Inc.): Amendment 39-9659. Docket 95-NM-122-AD.
Applicability: Model BAe 125 series 800A airplanes (including
military variants C-29A and U-125); and Model Hawker 800 airplanes,
excluding airplanes having constructor's numbers 258079 and 258213;
certificated in any category.
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
otherwise modified, altered, or repaired in the area subject to the
requirements of this AD. For airplanes that have been modified,
altered, or repaired so that the performance of the requirements of
this AD is affected, the owner/operator must request approval for an
alternative method of compliance in accordance with paragraph (d) of
this AD. The request should include an assessment of the effect of
the modification, alteration, or repair on the unsafe condition
addressed by this AD; and, if the unsafe condition has not been
eliminated, the request should include specific proposed actions to
address it.
Note 2: Beech (Raytheon) Model BAe 125 series 800B airplanes are
similar in design to the airplanes that are subject to the
requirements of this AD and, therefore, also may be subject to the
unsafe condition addressed by this AD. However, as of the effective
date of this AD, those models are not type certificated for
operations in the United States. Airworthiness authorities of
countries in which the Model BAe 125 series 800B airplanes are
approved for operation should consider adopting corrective action,
applicable to those models, that is similar to the corrective action
required by this AD.
Compliance: Required as indicated, unless accomplished
previously.
To prevent restricted control of the ailerons, which could
reduce the pilot's ability to initiate roll control during critical
phases of flight, accomplish the following:
(a) For all airplanes, except Model BAe 125 series 800A airplane
having constructor's number 258186: Within 6 months after the
effective date of this AD, modify (including functional test) the
airframe structure in the lower area of the fuselage aft of the wing
rear spar, in accordance with Hawker Service Bulletin SB.53-82-
3566G, Revision 3, December 14, 1995.
(b) For airplanes identified in paragraph (a) of this AD on
which Hawker Modification 253566G has been installed prior to the
effective date of this AD, in accordance with Hawker Service
Bulletin SB.53-82-3566G, dated March 1, 1995, Revision 1, dated
March 14, 1995, or Revision 2, dated May 3, 1995: Within 30 days
after the effective date of this AD, perform a functional test to
determine if a bolt fouls the flap control system, in accordance
with paragraph 2.A.(18) of the Accomplishment Instructions of Hawker
Service Bulletin SB.53-82-3566G, Revision 3, dated December 14,
1995. If any foul is detected, prior to further flight, repair in
accordance with a method approved by the Manager, Standardization
Branch, ANM-113, Transport Airplane Directorate, FAA.
(c) For Model BAe 125 series 800A airplane having constructor's
number 258186: Within 6 months after the effective date of this AD,
modify the airframe structure in the lower area of the fuselage aft
of the wing rear spar, in accordance with Hawker Service Bulletin
SB.53-85-3566D, dated March 10, 1995, or Revision 1, dated May 23,
1995.
(d) An alternative method of compliance or adjustment of the
compliance time that provides an acceptable level of safety may be
used if approved by the Manager, Standardization Branch, ANM-113.
Operators shall submit their requests through an appropriate FAA
Principal Maintenance Inspector, who may add comments and then send
it to the Manager, Standardization Branch, ANM-113.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Standardization Branch, ANM-113.
(e) Special flight permits may be issued in accordance with
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the airplane to a location where
the requirements of this AD can be accomplished.
(f) For certain airplanes, the modification and functional test
shall be done in accordance with Hawker Service Bulletin SB.53-82-
3566G, Revision 3, dated December 14, 1995. For certain other
airplanes, the modification and functional test shall be done in
accordance with Hawker Service Bulletin SB.53-85-3566D, dated March
10, 1995, or Hawker Service Bulletin SB.53-85-3566D, Revision 1,
dated May 23, 1995. This incorporation by reference was approved by
the Director of the Federal Register in accordance with 5 U.S.C.
552(a) and 1 CFR part 51. Copies may be obtained from Raytheon
Aircraft Co., Manger Service Engineering, Hawker Customer Support
Department, P.O. Box 85, Wichita, Kansas 67201-0085. Copies may be
inspected at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue, SW., Renton, Washington; or at the Office of the Federal
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.
(g) This amendment becomes effective on July 15, 1996.
Issued in Renton, Washington, on May 31, 1996.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 96-14229 Filed 6-7-96; 8:45 am]
BILLING CODE 4910-13-U
Complete official Federal Register PDF
FR Doc. 96-14227 Airworthiness Directives; Dornier Model 328-100 Series Airplanes
[Federal Register Volume 61, Number 112 (Monday, June 10, 1996)]
[Rules and Regulations]
[Pages 29274-29276]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14227]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 96-NM-109-AD; Amendment 39-9655; AD 96-11-15]
RIN 2120-AA64
Airworthiness Directives; Dornier Model 328-100 Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: This document publishes in the Federal Register an amendment
adopting Airworthiness Directive (AD) 96-11-15 that was sent previously
to all known U.S. owners and operators of Dornier Model 328-100 series
airplanes by individual notices. This AD requires that the Limitations
Section of the FAA-approved Airplane Flight Manual (AFM) be revised to
restrict flight altitude to a maximum of 10,000 feet mean sea level
(MSL). This AD also requires replacement of ``lightweight'' windshields
(left and right-hand) with new windshields. This amendment is prompted
by reports indicating that the outer face ply of ``lightweight''
windshields (left-hand and right-hand) installed on these airplanes
have shattered or cracked while the airplane was in flight. The actions
specified by this AD are intended to prevent restriction of the
flightcrew's ability to see through the windshields due to shattering
or cracking of the windshields, and to continue to control the airplane
safely.
DATES: Effective June 17, 1996, to all persons except those persons to
whom it was made immediately effective by emergency AD 96-11-15, issued
May 24, 1996, which contained the requirements of this amendment.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of June 17, 1996.
Comments for inclusion in the Rules Docket must be received on or
before August 9, 1996.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-103,
Attention: Rules Docket No. 96-NM-109-AD, 1601 Lind Avenue, SW.,
Renton, Washington 98055-4056.
The applicable service information may be obtained from Dornier
Luftfahrt GmbH, P.O. Box 1103, D-82230 Wessling, Germany. This
information may be examined at the FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington; or at the Office of the
Federal Register, 800 North Capitol Street, NW., suite 700, Washington,
DC.
FOR FURTHER INFORMATION CONTACT: Connie Beane, Aerospace Engineer,
Standardization Branch, ANM-113, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (206)
227-2796; fax (206) 227-1320.
SUPPLEMENTARY INFORMATION: On May 24, 1996, the FAA issued emergency AD
96-11-15, which is applicable to all Dornier Model 328-100 series
airplanes. That action was prompted by reports indicating that the
outer face ply of ``lightweight'' windshields (left-hand and right-
hand) installed on several of these airplanes had shattered or cracked
during flight of the airplane.
Investigation revealed that foreign object damage (FOD) from sand
or other runway debris may cause small pits in the windshield. During
flight, normal windshield flexing from cabin pressure loads, or normal
thermal stresses may result in shattering or cracking of the outer face
ply of the windshield. The observed failure rate is such that both the
pilot's and copilot's windshields may be affected during the same
flight. This condition, if not corrected, could result in a restriction
of the flightcrew's ability to see through the windshield, and to
continue to control the airplane safely.
The design of these ``lightweight'' windshields may not meet the
requirements of the Federal Aviation Regulations, and has not been
approved by the FAA for installation on U.S.-registered airplanes.
Additionally, the design of these windshields has not been approved by
the Luftfahrt-Bundesamt (LBA), which is the airworthiness authority for
Germany, for installation on Dornier Model 328-100 series airplanes.
Explanation of Relevant Service Information
Dornier has issued Service Bulletin SB-328-56-165, dated April 19,
1996, which describes procedures for replacing ``lightweight''
windshields with new windshields that are not susceptible to the
subject cracking and shattering.
U.S. Type Certification of the Airplane
The Dornier Model 328-100 series airplane is manufactured in
Germany and is type certificated for operation in the United States
under the provisions of Section 21.29 of the Federal Aviation
Regulations (14 CFR 21.29) and the applicable bilateral airworthiness
agreement.
Explanation of the Requirements of the Rule
Since the unsafe condition described is likely to exist or develop
on other airplanes of the same type design registered in the United
States, the FAA issued emergency AD 95-11-15 to prevent restriction of
the flightcrew's ability to see through the windshields due to
shattering or cracking of the windshields, and to continue to control
the airplane safely. The AD requires that the Limitations Section of
the FAA- approved Airplane Flight Manual (AFM) be revised to restrict
flight altitude to a maximum of 10,000 feet mean sea level (MSL). This
restriction is intended to limit the flexing of the windshield under
cabin pressure loads and reduce the potential for cracks to develop.
The AD also requires replacement of ``lightweight'' windshields
(left- and right-hand) with new windshields. This
[[Page 29275]]
replacement is required to be accomplished in accordance with the
Dornier service bulletin described previously.
Additionally, the AD requires that operators submit a report to the
FAA within 24 hours following any incident of shattering or cracking of
either front windshield. This information will enable the FAA to
determine if additional action is warranted.
Operators affected by the AD should note that the Dornier service
bulletin recommends that the replacement be accomplished within
approximately six months. Additionally, the manufacturer also has
advised the FAA that there may be a delay in the availability of the
replacement windshields. However, the FAA finds that the urgency
associated with addressing the subject unsafe condition requires the
replacement to be accomplished within 45 days after receipt of this AD.
In developing this compliance time, the FAA considered the safety
implications, the availability of replacement parts, and the time
necessary to accomplish the replacement. The FAA has determined that
sufficient parts can be made available so that the replacement required
by this AD can be accomplished within the 45-day compliance time
specified in this AD. The FAA is closely monitoring this situation, and
may consider additional rulemaking, if warranted, based on any new data
received.
Operators affected by the AD also should note that Dornier has
advised the FAA that it is currently developing an alternative method
of compliance (AMOC) that, if approved, would allow relief from the
10,000 foot MSL altitude limitation contained in paragraph (a) of this
AD. The FAA anticipates that this proposal will be submitted in the
near future.
Publication and Effectivity of AD
Since it was found that immediate corrective action was required,
notice and opportunity for prior public comment thereon were
impracticable and contrary to the public interest, and good cause
existed to make the AD effective immediately by individual notices
issued on May 24, 1996, to all known U.S. owners and operators of
Dornier 328-100 series airplanes. These conditions still exist, and the
AD is hereby published in the Federal Register as an amendment to
section 39.13 of the Federal Aviation Regulations (14 CFR 39.13) to
make it effective as to all persons.
Comments Invited
Although this action is in the form of a final rule that involves
requirements affecting flight safety and, thus, was not preceded by
notice and an opportunity for public comment, comments are invited on
this rule. Interested persons are invited to comment on this rule by
submitting such written data, views, or arguments as they may desire.
Communications shall identify the Rules Docket number and be submitted
in triplicate to the address specified under the caption ADDRESSES. All
communications received on or before the closing date for comments will
be considered, and this rule may be amended in light of the comments
received. Factual information that supports the commenter's ideas and
suggestions is extremely helpful in evaluating the effectiveness of the
AD action and determining whether additional rulemaking action would be
needed.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the rule that might
suggest a need to modify the rule. All comments submitted will be
available, both before and after the closing date for comments, in the
Rules Docket for examination by interested persons. A report that
summarizes each FAA-public contact concerned with the substance of this
AD will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this rule must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 96-NM-106-AD.'' The postcard will be date stamped and
returned to the commenter.
Regulatory Impact
The regulations adopted herein will not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government. Therefore, in
accordance with Executive Order 12612, it is determined that this final
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
The FAA has determined that this regulation is an emergency
regulation that must be issued immediately to correct an unsafe
condition in aircraft, and that it is not a ``significant regulatory
action'' under Executive Order 12866. It has been determined further
that this action involves an emergency regulation under DOT Regulatory
Policies and Procedures (44 FR 11034, February 26, 1979). If it is
determined that this emergency regulation otherwise would be
significant under DOT Regulatory Policies and Procedures, a final
regulatory evaluation will be prepared and placed in the Rules Docket.
A copy of it, if filed, may be obtained from the Rules Docket at the
location provided under the caption ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (14 CFR part 39) as follows:
PART 39--AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding the following new
airworthiness directive:
96-11-15 Dornier: Amendment 39-9655. Docket 96-NM-109-AD.
Applicability: All Model 328-100 series airplanes, certificated
in any category.
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
otherwise modified, altered, or repaired in the area subject to the
requirements of this AD. For airplanes that have been otherwise
modified, altered, or repaired so that the performance of the
requirements of this AD is affected, the owner/operator must request
approval for an alternative method of compliance in accordance with
paragraph (e) of this AD. The request should include an assessment
of the effect of the modification, alteration, or repair on the
unsafe condition addressed by this AD; and, if the unsafe condition
has not been eliminated, the request should include specific
proposed actions to address it.
Compliance: Required as indicated, unless accomplished
previously. To prevent restriction of the flightcrew's ability to
see through the windshields due to shattering or cracking of the
windshields, and to continue to control the airplane safely;
accomplish the following:
(a) For airplanes on which a windshield having Part Number (P/N)
001A561A0000204 is installed on the left-hand side of the cockpit,
or on which a windshield having P/
[[Page 29276]]
N 001A561A0000205 is installed on the right-hand side of the cockpit:
Within 24 hours after receipt of this AD, revise the Limitations
Section of the FAA-approved Airplane Flight Manual (AFM) to include the
following statement. This may be accomplished by inserting a copy of
this AD in the AFM.
``Flight above 10,000 feet mean sea level (MSL) is prohibited.''
(b) For all airplanes: Within 45 days after receipt of this AD,
replace any windshield having P/N 001A561A0000204 (left-hand side),
or P/N 001A61A0000205 (right-hand side); with a new windshield
having P/N 001A561A0000200 (left-hand side), or P/N 001A561A0000201
(right-hand side); in accordance with Dornier Service Bulletin SB-
328-56-165, dated April 19, 1996. Following this replacement, the
AFM limitation required by paragraph (a) of this AD may be removed.
(c) For all airplanes: Within 24 hours (clock hours, not flight
hours) following any incident of shattering or cracking of either
front windshield, submit a report containing the serial number of
the airplane and the part number of the affected windshield to:
Connie Beane, Standardization Branch, ANM-113, FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, Washington
98055-4056; fax (206) 227-1149. This reporting requirement is
applicable to findings on all windshields, including the replacement
windshields required by paragraph (b) of this AD. Information
collection requirements contained in this regulation have been
approved by the Office of Management and Budget (OMB) under the
provisions of the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et
seq.) and have been assigned OMB control number 2120-0056.
(d) As of the date of receipt of this AD, no person shall
install a windshield having P/N 001A561A0000204 (left-hand side), or
P/N 001A561A0000205 (right-hand side), on any airplane.
(e) An alternative method of compliance or adjustment of the
compliance time that provides an acceptable level of safety may be
used if approved by the Manager, Standardization Branch, ANM-113,
FAA, Transport Airplane Directorate. Operators shall submit their
requests through an appropriate FAA Maintenance Inspector, who may
add comments and then send it to the Manager, Standardization
Branch, ANM-113.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Standardization Branch, ANM-113.
(f) Special flight permits may be issued in accordance with
Sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the airplane to a location where
the requirements of this AD can be accomplished.
(g) The replacement shall be done in accordance with Dornier
Service Bulletin SB-328-56-165, dated April 19, 1996. This
incorporation by reference was approved by the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51. Copies may be obtained from Dornier Luftfahrt GmbH, P.O. Box
1103, D-82230 Wessling, Germany. Copies may be inspected at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington; or at the Office of the Federal Register, 800 North
Capitol Street, NW., suite 700, Washington, DC.
(h) This amendment becomes effective on June 17, 1996, to all
persons except those persons to whom it was made immediately
effective by emergency AD 96-11-15, issued May 24, 1996, which
contained the requirements of this amendment.
Issued in Renton, Washington, on May 31, 1996.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 96-14227 Filed 6-7-96; 8:45 am]
BILLING CODE 4910-13-U
Complete official Federal Register PDF
FR Doc. 96-14226 Airworthiness Directives; Beech (Raytheon) Model BAe 125 Series 800A and 1000A, and Model Hawker 800 and 1000 Airplanes
[Federal Register Volume 61, Number 112 (Monday, June 10, 1996)]
[Rules and Regulations]
[Pages 29269-29271]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14226]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 95-NM-43-AD; Amendment 39-9660; AD 96-12-17]
RIN 2120-AA64
Airworthiness Directives; Beech (Raytheon) Model BAe 125 Series
800A and 1000A, and Model Hawker 800 and 1000 Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This amendment adopts a new airworthiness directive (AD),
applicable to certain Beech (Raytheon) Model BAe 125 series 800A and
1000A, and Model Hawker 800 and 1000 airplanes, that requires an
inspection to determine if the diode soldered connections are clean and
functionally sound. This amendment also requires remake of the soldered
connection and replacement of the diode with a new diode, if necessary.
This amendment is prompted by reports of imperfect soldered connections
in the engine starting and battery emergency control circuit. The
actions specified by this AD are intended to prevent incorrect fault
displays in the cockpit and intermittent fault symptoms in the engine
starting and battery emergency control circuits, as a result of
imperfect soldered connections.
DATES: Effective July 15, 1996.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of July 15, 1996.
ADDRESSES: The service information referenced in this AD may be
obtained from Raytheon Aircraft Company, Manager Service Engineering,
Hawker Customer Support Department, P.O. Box 85, Wichita, Kansas 67201-
0085. This information may be examined at the Federal Aviation
Administration (FAA), Transport Airplane Directorate, Rules Docket,
1601 Lind Avenue, SW., Renton, Washington; or at the Office of the
Federal Register, 800 North Capitol Street, NW., suite 700, Washington,
DC.
FOR FURTHER INFORMATION CONTACT: Tim Backman, Aerospace Engineer,
Standardization Branch, ANM-113, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (206)
227-2797; fax (206) 227-1149.
SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal
Aviation Regulations (14 CFR part 39) to include an airworthiness
directive (AD) that is applicable to certain Beech (Raytheon) Model BAe
125 series 800A and 1000A, and Model Hawker 800 and 1000 airplanes was
published in the Federal Register on September 15, 1995 (60 FR 47903).
That action proposed to require an inspection to determine if the diode
soldered connections are clean and functionally sound. That action also
proposed to require remake of the soldered connection or replacement of
the diode with a new diode, if necessary.
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
the comments received.
Requests to Revise the Applicability of the AD
Two commenters request that the applicability of the proposed rule
be revised to include all the airplane serial numbers listed in Hawker
Service Bulletin SB 24-317, and that the letter ``A'' (i.e., U.S.-type
certificated) designation for Model BAe 125 series 800 and 1000
airplanes be deleted. One of these commenters states that the
effectivity listing contained in Hawker Service Bulletin SB 24-317
(which was referenced in the proposal as the appropriate source of
service information) does not specify either the model suffix ``A'' or
the model suffix ``B'' (i.e., CAA type certificated) for any of the
affected airplanes.
Therefore, the commenter points out that the effectivity listing of
the service bulletin covers the worldwide fleet, not just U.S.-
registered airplanes.
The other commenter, the Civil Aviation Authority (CAA), which is
the airworthiness authority for the United Kingdom, also asserts that
the applicability of the proposal is incorrect since it does not cover
the worldwide fleet. This commenter adds that, as of August 1, 1995,
the type certificate (TC) responsibilities for Model BAe 125 series 800
and 1000, and Model Hawker 800 and 1000 airplanes have been transferred
from the CAA to the FAA. This commenter adds that it is important to
note that, since this transfer, AD's issued by the FAA must cover all
of these airplane models, as appropriate, and not just those on the
U.S. Register.
This commenter also notes that the proposed applicability would
result in confusion among operators and will not fulfill the obligation
of the FAA with the International Civil Aviation Organization (ICAO).
This commenter asserts that the current Type Certificate Data Sheet
(TCDS), A3EU (Revision 24, dated August 1, 1995), indicates that the
FAA accepted the responsibility for the promulgation of all
airworthiness information relevant to the subject airplanes in
accordance with ICAO Annex 8. The commenter contends that, since the
FAA is now responsible for the continued airworthiness of all airplanes
listed in TCDS A3EU (which includes Model BAe 125 series 800A, 800B,
1000A, and 1000B, and Model Hawker 800 and 1000 airplanes), the
applicability of the proposal should include all of the Model BAe 125
series 800 and 1000 airplanes, not just those airplanes having a letter
designation of ``A.''
The FAA does not agree with the commenters' specific request to
revise the applicability of the final rule, but recognizes that some
clarification is necessary. The airplane models that are the subject of
this AD were originally designed and manufactured in the United
Kingdom. The CAA issued Type and Airworthiness Certificates for these
affected airplanes. Therefore, under ICAO Annex 8, the United Kingdom
was the State of Design and had the responsibility for providing other
states with continuing airworthiness information regarding these
models.
However, as of August 1, 1995, the responsibility of design,
continued airworthiness, design data, and manufacturing (i.e., TC
responsibilities) for all Model DH/HS/BH/BAe 125 and Model Hawker 800
and 1000 airplanes, has been transferred from Raytheon Corporate Jets,
Inc., Hatfield, United Kingdom, to Beech Aircraft Corporation
(Raytheon), Wichita, Kansas, U.S.A. As a result of this transfer,
Revision 24 of TCDS A3EU was issued, as discussed by one of the
commenters.
The FAA has reexamined TCDS A3EU and finds that the text of the
TCDS correctly reflects U.S. type-certificated airplanes (i.e., models
having the letter
[[Page 29270]]
designation ``A''); however, the letter designation ``A'' was
erroneously left off certain U.S. type-certificated models in the
applicability block of the TCDS. Therefore, operators could
misinterpret the applicability block to mean that all Model BAe 125
series 800 and 1000, including those models with letter designation
``B'' (i.e., non-U.S. type-certificated airplanes), are type
certificated for operation in the U.S. In light of this, the FAA is
considering revising TCDS A3EU to add the letter designation ``A'' for
U.S. type-certificated airplanes in order to clarify that only those
models are type certificated for operation in the U.S.
The FAA only has responsibilities under ICAO Annex 8, such as the
promulgation of all airworthiness information, with respect to models
that have been type certificated in the U.S.; the FAA cannot assume
such responsibilities for airplane models that have not been type
certificated in the U.S. Nevertheless, the FAA recognizes that Model
BAe 125 series 800B and BAe 125 series 1000B airplanes are similar in
design to the airplanes that are subject to the requirements of this AD
and, therefore, also may be subject to the unsafe condition addressed
by this AD. Therefore, the FAA has included a new NOTE in the final
rule that will advise the airworthiness authorities of countries in
which the Model BAe 125 series 800B and BAe 125 series 1000B airplanes
are approved for operation that those countries should consider
adopting corrective action, applicable to those models, that is similar
to the corrective action required by this AD.
Additionally, the FAA has reviewed Hawker Service Bulletin SB 24-
317 and acknowledges that its effectivity listing does not specify a
suffix of ``A'' or ``B'' for the affected airplanes. However, the FAA
finds that, under parts 39 (``Airworthiness Directives'') and 91
(``General Operating and Flight Rules'') of the Federal Aviation
Regulations (14 CFR parts 39 and 91), it is the responsibility of the
owner/operator to review the applicability of the AD to determine if
its airplane is affected. The FAA points out that the applicability of
an AD only includes affected airplane models that are currently U.S.
type certificated, even though the effectivity listing of the service
bulletin may include airplane models that are not U.S. type
certificated. Therefore, the FAA points out that only U.S.-registered
airplanes are required to comply with the requirements of this AD.
Request to Revise Name and Address of Type Certificate Holder
One commenter requests that the name ``Raytheon Corporate Jets'' be
revised throughout the proposed rule to the current type certificate
holder, ``Beech Aircraft Corporation.'' The commenter also requests
that the address for obtaining service information be revised to
``Raytheon Aircraft Company, Manager Service Engineering, Hawker
Customer Support Department, P.O. Box 85, Wichita, Kansas 67201-0085.''
The FAA concurs and, accordingly, has revised the name of the type
certificate holder and the address for service information throughout
this final rule.
Correction of Designation of Affected Airplanes
The FAA has revised the final rule to correctly designate the
affected airplane models as ``Beech (Raytheon) Model BAe 125 series
800A and 1000A, and Model Hawker 800 and 1000 airplanes.''
Conclusion
After careful review of the available data, including the comments
noted above, the FAA has determined that air safety and the public
interest require the adoption of the rule with the changes previously
described. The FAA has determined that these changes will neither
increase the economic burden on any operator nor increase the scope of
the AD.
Cost Impact
The FAA estimates that 19 airplanes of U.S. registry will be
affected by this AD, that it will take approximately 1 work hour per
airplane to accomplish the required actions, and that the average labor
rate is $60 per work hour. Based on these figures, the cost impact of
the AD on U.S. operators is estimated to be $1,140, or $60 per
airplane.
The cost impact figure discussed above is based on assumptions that
no operator has yet accomplished any of the requirements of this AD
action, and that no operator would accomplish those actions in the
future if this AD were not adopted.
Regulatory Impact
The regulations adopted herein will not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government. Therefore, in
accordance with Executive Order 12612, it is determined that this final
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
For the reasons discussed above, I certify that this action (1) is
not a ``significant regulatory action'' under Executive Order 12866;
(2) is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and (3) will not have a
significant economic impact, positive or negative, on a substantial
number of small entities under the criteria of the Regulatory
Flexibility Act. A final evaluation has been prepared for this action
and it is contained in the Rules Docket. A copy of it may be obtained
from the Rules Docket at the location provided under the caption
ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (14 CFR part 39) as follows:
PART 39--AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding the following new
airworthiness directive:
96-12-17 Beech Aircraft Corporation (Formerly DeHavilland; Hawker
Siddeley; British Aerospace, PLC; Raytheon Corporate Jets, Inc.):
Amendment 39-9660. Docket 95-NM-43-AD.
Applicability: Model BAe 125 series 800A and 1000A, and Model
Hawker 800 and 1000 airplanes; as listed in Raytheon Corporate Jets
Hawker Service Bulletin SB 24-317, dated December 22, 1994;
certificated in any category.
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
modified, altered, or repaired in the area subject to the
requirements of this AD. For airplanes that have been modified,
altered, or repaired so that the performance of the requirements of
this AD is affected, the owner/operator must request approval for an
alternative method of compliance in accordance with paragraph (b) of
this AD. The request should include an assessment of the effect of
the modification, alteration, or repair on the unsafe condition
addressed by this AD; and, if the unsafe condition has not
[[Page 29271]]
been eliminated, the request should include specific proposed
actions to address it.
Note 2: Beech (Raytheon) Model BAe 125 series 800B and BAe 125
series 1000B airplanes are similar in design to the airplanes that
are subject to the requirements of this AD and, therefore, also may
be subject to the unsafe condition addressed by this AD. However, as
of the effective date of this AD, those models are not type
certificated for operation in the United States. Airworthiness
authorities of countries in which the Model BAe 125 series 800B and
BAe 125 series 1000B airplanes are approved for operation should
consider adopting corrective action, applicable to those models,
that is similar to the corrective action required by this AD.
Compliance: Required as indicated, unless accomplished
previously.
To prevent incorrect fault displays in the cockpit and
intermittent fault symptoms in the engine starting and battery
emergency control circuits, as a result of imperfect soldered
connections, accomplish the following:
(a) Within 6 months after the effective date of this AD, perform
an inspection to determine if each diode soldered connection is
clean and functionally sound, in accordance with Hawker Service
Bulletin SB 24-317, dated December 22, 1994. If any diode soldered
connection is not clean or not functionally sound, prior to further
flight, remake the soldered connection or replace the diode with a
new diode, in accordance with the service bulletin.
(b) An alternative method of compliance or adjustment of the
compliance time that provides an acceptable level of safety may be
used if approved by the Manager, Standardization Branch, ANM-113,
FAA, Transport Airplane Directorate. Operators shall submit their
requests through an appropriate FAA Principal Maintenance Inspector,
who may add comments and then send it to the Manager,
Standardization Branch, ANM-113.
Note 3: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Standardization Branch, ANM-113.
(c) Special flight permits may be issued in accordance with
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the airplane to a location where
the requirements of this AD can be accomplished.
(d) The inspection, remake, and replacement shall be done in
accordance with Hawker Service Bulletin SB 24-317, dated December
22, 1994. This incorporation by reference was approved by the
Director of the Federal Register in accordance with 5 U.S.C. 552(a)
and 1 CFR part 51. Copies may be obtained from Raytheon Corporate
Jets, Inc., Customer Support Department, Adams Field, P.O. Box 3356,
Little Rock, Arkansas 72203. Copies may be inspected at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington; or at the Office of the Federal Register, 800 North
Capitol Street, NW., suite 700, Washington, DC.
(e) This amendment becomes effective on July 15, 1996.
Issued in Renton, Washington, on May 31, 1996.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 96-14226 Filed 6-7-96; 8:45 am]
BILLING CODE 4910-13-U
Complete official Federal Register PDF
FR Doc. 96-14223 Airworthiness Directives; Textron Lycoming Reciprocating Engines
[Federal Register Volume 61, Number 112 (Monday, June 10, 1996)]
[Rules and Regulations]
[Pages 29271-29274]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14223]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 93-ANE-48; Amendment 39-9586; AD 96-09-10]
RIN 2120-AA64
Airworthiness Directives; Textron Lycoming Reciprocating Engines
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This amendment supersedes an existing airworthiness directive
(AD), applicable to certain Textron Lycoming reciprocating engines,
that currently requires replacement of sintered iron impellers in oil
pumps. This amendment continues to require replacement of sintered iron
impellers, but also requires replacement of aluminum impellers. This
amendment is prompted by reports of additional oil pump failures caused
by aluminum impellers, which do not have the reliability of the
hardened steel impellers. The actions specified by this AD are intended
to prevent an oil pump failure due to impeller failure, which could
result in an engine failure.
DATES: Effective July 15, 1996.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of July 15, 1996.
ADDRESSES: The service information referenced in this AD may be
obtained from any Textron Lycoming Distributor or Textron Lycoming,
Reciprocating Engine Division, 652 Oliver St., Williamsport, PA 17701;
telephone (717) 327-7278, fax (717) 327-7022. This information may be
examined at the Federal Aviation Administration (FAA), New England
Region, Office of the Assistant Chief Counsel, 12 New England Executive
Park, Burlington, MA 01803-5299; or at the Office of the Federal
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.
FOR FURTHER INFORMATION CONTACT: Richard Fiesel, Aerospace Engineer,
New York Aircraft Certification Office, FAA, Engine and Propeller
Directorate, 10 Fifth Street, Valley Stream, NY 11581; telephone (516)
256-7504, fax (516) 568-2716.
SUPPLEMENTARY INFORMATION: On August 14, 1981, the Federal Aviation
Administration (FAA) issued airworthiness directive (AD) 81-18-04,
Amendment 39-4199 (46 FR 43134, August 27, 1981), to require
replacement of sintered iron oil pump impellers and oil pump shafts
with impellers and shafts made of aluminum or hardened steel in certain
Textron Lycoming reciprocating engines. That action was prompted by
reports of oil pump failures. Subsequent to the publication of AD 81-
18-04, the FAA issued two revisions to AD 81-18-04; they are: 81-18-
04R1, Amendment 39-4258 (46 FR 56157, November 16, 1981), effective
November 19, 1981, and AD 81-18-04R2, Amendment 39-4395 (47 FR 23691,
June 1, 1982), effective June 7, 1982.
A proposal to amend part 39 of the Federal Aviation Regulations (14
CFR part 39) by superseding AD 81-18-04R2 was published in the Federal
Register on January 3, 1994 (59 FR 35). That action proposed to require
replacing sintered iron and aluminum impellers and shafts with hardened
steel impellers and shafts, in accordance with Avco Lycoming Division
Service Bulletin (SB) No. 381C, dated November 7, 1975; Avco Lycoming
Textron SB No. 385C, dated October 3, 1975; Avco Lycoming Textron SB
No. 454 B, dated January 2, 1987; Avco Lycoming Textron SB No. 455 D,
dated January 2, 1987; and Textron Lycoming SB No. 456 F, dated
February 8, 1993.
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
the comments received.
Several commenters state that it is not necessary to replace the
aluminum impeller with a steel impeller, as they consider the aluminum
impeller's reliability to be adequate. The FAA does not concur. The
FAA's analysis of seven years of Service Difficulty Reports indicates
that the aluminum impeller does not have the reliability of the
hardened steel impeller and is only slightly more reliable that the
sintered iron impeller. Based on that analysis the FAA has issued
Safety Recommendation 92.052 that recommends replacement of the
aluminum impeller within 100 hours time in service (TIS).
Several commenters state that the aluminum impeller should be
replaced at overhaul rather than at 750 hours TIS because of the
difficulty of accomplishing the modification without engine disassembly
and thereby
[[Page 29272]]
possibly introducing maintenance errors with resultant engine failure.
The FAA concurs. The FAA has revised the compliance time for
replacement of the aluminum impeller from within 750 hours after the
effective date of the AD to the next overhaul. However, the FAA has
included a calendar end-date of five years after the effective date of
this AD. Considering the low time accumulation rate for the types of
aircraft involved, a large percentage will reach 500-750 hours TIS
within five years.
Some commenters question the accuracy of 4,000 as the number of
affected engines. The FAA concurs. The 4,000 number was carried over
from AD 81-18-04 and represented the number of engines that
incorporated the sintered iron impeller. The number of aluminum
impellers, Part Number LW-13775, installed in engines is much greater.
The FAA estimates 45,000 aluminum impellers in service. The FAA has
therefore revised the economic analysis to account for this greater
number.
One commenter states that the AD omits a required modification of
older pump housings, as referenced in SB's 1164 and 1341. The FAA does
not concur. The earlier configuration incorporates a fixed shaft and
cotter pin with a different aluminum impeller. That configuration is
not affected by this AD. The FAA has clarified the applicability of
this AD to state that only aluminum impellers, P/N LW 13775, are
affected.
Some commenters state that only aluminum impellers, P/N LW 13775,
should be affected by this AD. The FAA concurs and has revised this AD
accordingly.
One commenter states that the AD addresses three different
categories of engines as indicated in SB's 454, 455, and 456, and
therefore should address each engine type separately. The FAA does not
concur. The NPRM combined the engines that are affected by SB 454 and
SB 455 because these engines have a similar design, are affected by the
same unsafe condition, and have the same compliance requirements. The
FAA has determined that combining the engine types eliminates
redundancy and makes for easier reading. Textron Lycoming is in the
process of issuing a new SB to replace SB's 454, 455, and 456.
One commenter states that the AD should address only Textron
Lycoming impellers, P/N LW 13775, because impellers manufactured by
other companies under a FAA Parts Manufacturer Approval (PMA) have
excellent reliability. The FAA does not concur. The FAA's analysis of
the Service Difficulty Reports and Accident/Incident reports does not
support distinguishing between impellers manufactured by Textron and
impellers manufactured by other companies. The Service Difficulty
Reports do not always list the P/N, or manufacturer, of the failed
impeller. Some are simply referred to as ``aluminum impeller.'' Also,
the format of the Accident/Incident Reports does not include P/N.
Therefore, unless it can be shown by reliability data that a PMA part
has a significantly better failure rate than does Textron P/N LW 13775,
the FAA must include all similar aluminum impellers in the AD.
One commenter states that all sintered iron impellers should be
removed within 25 hours TIS. The FAA does not concur. This AD reduces
the compliance time from 2,000 hours TIS to 100 hours TIS for engines
affected by SB 456. The FAA has determined that a further reduction to
25 hours TIS is not justified, and would cause an undue hardship to
operators.
Since publication of the NPRM, the FAA has reviewed and approved
the technical contents of Textron Lycoming SB No. 524, dated September
1, 1995, that combines the requirements of, and supersedes Service
Bulletin 381, 385, 454, 455, and 456; and SI No. 1009AJ, dated July 1,
1992, that describes established time between overhaul (TBO) for
Textron Lycoming reciprocating engines.
In addition, this final rule reduces the original time of
compliance of certain engines from 2,000 hours, required by paragraph
(c) of AD 81-18-04 to 100 hours TIS after the effective date of this
AD.
After careful review of the available data, including the comments
noted above, the FAA has determined that air safety and the public
interest require the adoption of the rule with the changes described
previously. The FAA has determined that these changes will not increase
the scope of the AD.
There are approximately 45,000 oil pumps of the affected design
installed in Textron Lycoming reciprocating engines in the worldwide
fleet. The FAA estimates that 29,000 oil pumps installed on aircraft of
U.S. registry will be affected by this AD, that it will take
approximately 4.5 work hours per oil pump to accomplish the required
actions, and that the average labor rate is $60 per work hour. Required
parts will cost approximately $270. Based on these figures, the total
cost impact of the AD on U.S. operators is estimated to be $15,660,000.
The regulations adopted herein will not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government. Therefore, in
accordance with Executive Order 12612, it is determined that this final
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
For the reasons discussed above, I certify that this action (1) is
not a ``significant regulatory action'' under Executive Order 12866;
(2) is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and (3) will not have a
significant economic impact, positive or negative, on a substantial
number of small entities under the criteria of the Regulatory
Flexibility Act. A final evaluation has been prepared for this action
and it is contained in the Rules Docket. A copy of it may be obtained
from the Rules Docket at the location provided under the caption
ADDRESSES.
List of Subjects in 14 CFR Part 39
Air Transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (14 CFR part 39) as follows:
PART 39--AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 USC 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by removing Amendment 39-4199 (46 FR
43134, August 27, 1981) and by adding a new airworthiness directive,
Amendment 39-9586, to read as follows:
96-09-10 Textron Lycoming: Amendment 39-9586. Docket 93-ANE-48.
Supersedes AD 81-18-04 R2, Amendment 39-4395.
Applicability: Textron Lycoming O-235, O-290, O-320, IO-320,
AIO-320, AEIO-320, LIO-320, O-340, O-360, IO-360, LIO-360, AIO-360,
HO-360, HIO-360, LO-360, LIO-360, TIO-360, TO-360, LTO-360, VO-360,
IVO-360, O-540, and IO-540 series reciprocating engines, except for
the following models: O-320-H2AD, O-360-E1A6D, LO-360-E1A6D, TO-360-
E1A6D, LTO-360-E1A6D, IO-540-P1A5, IO-540-R1A5, IO-540-S1A5, and O-
540 and IO-540 series engines built with large capacity oil pumps
and dual magnetos designated with
[[Page 29273]]
``5D'' in the model suffix; for example, IO-540-K1A5D. These engines
are installed on but not limited to the following aircraft: various
models of single and twin engine powered Cessna, Piper, Mooney,
Beech, Gulfstream American, Maule, and Socata.
Note 1: This AD may not contain an exhaustive list of aircraft
that utilize the affected engines because other aircraft may have an
affected engine installed through, for example, approvals made by
Supplemental Type Certificate, or FAA Form 337, ``Major Repair and
Alteration.'' It is the responsibility of each aircraft owner,
operator, and person returning that aircraft to service to determine
if that aircraft has an affected engine.
Note 2: This AD applies to each engine identified in the
preceding applicability provision, regardless of whether it has been
modified, altered, or repaired in the area subject to the
requirements of this AD. For engines that have been modified,
altered, or repaired so that the performance of the requirements of
this AD is affected, the owner/operator must use the authority
provided in paragraph (f) to request approval from the FAA. This
approval may address either no action, if the current configuration
eliminates the unsafe condition, or different actions necessary to
address the unsafe condition described in this AD. Such a request
should include an assessment of the effect of the changed
configuration on the unsafe condition addressed by this AD. In no
case does the presence of any modification, alteration, or repair
remove any engine from the applicability of this AD.
Compliance: Required as indicated, unless accomplished
previously.
To prevent oil pump failure due to impeller failure, which could
result in an engine failure, accomplish the following:
(a) For Textron Lycoming Model HIO-360-D1A, -E1AD, -E1BD, and -
F1AD engines with serial numbers (S/N) of L-22579-51A or prior,
except for the following: S/N L-22311-51A through L-22313-51A, L-
22396-51A, L-22397-51A, L-22416-51A, L-22546-51A through L-22549-
51A, L-22563-51A, L-22568-51A through L-22571-51A; for Textron
Lycoming Model HIO-360-D1A, -E1AD, -E1BD, and -F1AD engines that
were overhauled in the field or remanufactured prior to April 1,
1981, regardless of S/N; and for engines listed by S/N in Textron
Lycoming Service Bulletin (SB) No. 455D, dated January 2, 1987;
accomplish the following:
(1) Replace the sintered iron oil pump impeller and shaft with a
hardened steel impeller and shaft in accordance with Avco Lycoming
Textron SB No. 454B, dated January 2, 1987, or Avco Lycoming Textron
SB No. 455D, dated January 2, 1987, as applicable, or Textron
Lycoming SB No. 524, dated September 1, 1995, within 25 hours time
in service (TIS) after the effective date of this AD.
(2) No action is required if engines have complied with AD 81-
18-04, 81-18-04 R1, or 81-18-04 R2, and have incorporated oil pumps
with a hardened steel impeller and shaft. Engines that incorporate
oil pumps fitted with an aluminum impeller and shaft must comply
with paragraph (c) of this AD.
(b) For engines listed by S/N in Textron Lycoming SB No. 456F,
dated February 8, 1993, or Textron Lycoming SB No. 524, dated
September 1, 1995, that incorporate a sintered iron impeller,
accomplish the following:
(1) Replace any sintered iron oil pump impeller and shaft with a
hardened steel impeller and shaft in accordance with Textron
Lycoming SB No. 456F, dated February 8, 1993, or Textron Lycoming SB
No. 524, dated September 1, 1995, within 100 hours TIS after the
effective date of this AD, or one year after the effective date of
this AD, whichever occurs first. Total time on the sintered iron
impeller must not exceed 2,000 hours TIS since new or overhaul,
whichever occurs later
(2) No action is required if engines have complied with AD 81-
18-04, 81-18-04 R1, or 81-18-04 R2, and have incorporated oil pumps
with a hardened steel impeller and shaft. Engines that incorporate
oil pumps fitted with an aluminum impeller and shaft must comply
with paragraph (c) of this AD.
(c) For all other affected engines, replace any aluminum oil
pump impeller and shaft assembly with a hardened steel impeller and
shaft assembly in accordance with Avco Lycoming Textron SB No. 455D,
dated January 2, 1987, or Textron Lycoming SB No. 456F, dated
February 8, 1993, or Textron Lycoming SB No. 524, dated September 1,
1995, as applicable, as follows:
(1) Replace at next engine overhaul (not to exceed the hours
specified, for the particular engine model, in Textron Lycoming
Service Instruction 1009AJ, dated July 1, 1992), at next oil pump
removal, or 5 years after the effective date of this AD, whichever
occurs first.
(2) No action is required if engines have complied with AD 81-
18-04, 81-18-04 R1, or 81-18-04 R2, and have incorporated oil pumps
with a hardened steel impeller and shaft.
Note: Engines originally manufactured prior to 1970 did not
incorporate sintered iron impellers. For further information, refer
to engine maintenance/overhaul logbook records, Lycoming build
records, and the following SB's provide additional guidance: Avco
Lycoming Division SB No. 381C, dated November 7, 1975, and Avco
Lycoming Textron SB No. 385C, dated October 3, 1975, describe a
method for determining if the early design oil pump with aluminum/
steel impellers are installed. Avco Lycoming SB No. 455A, dated
August 18, 1981, and Textron Lycoming SB No. 455B, dated January 2,
1987, and Avco Lycoming SB No. 456, dated August 21, 1981,
introduced steel driving impeller, P/N 60746, and aluminum driven
impeller, P/N LW13775. Textron Lycoming SB No. 524 includes
information regarding engines which may incorporate aluminum
impellers
(d) Engines that are subject to AD 75-08-09 must have
incorporated AD 75-08-09 before this AD can be accomplished.
(e) Sintered iron and aluminum impellers approved under FAA
Parts Manufacturer Approval (PMA) are replacements for affected part
numbers of Lycoming impellers and must also be replaced in
accordance with paragraphs (a), (b), or (c), as applicable, of this
AD.
(f) An alternative method of compliance or adjustment of the
compliance time that provides an acceptable level of safety may be
used if approved by the Manager, New York Aircraft Certification
Office. The request should be forwarded through an appropriate FAA
Maintenance Inspector, who may add comments and then send it to the
Manager, New York Aircraft Certification Office.
Note: Information concerning the existence of approved
alternative method of compliance with this AD, if any, may be
obtained from the New York Aircraft Certification Office.
(g) Special flight permits may be issued in accordance with
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the aircraft to a location where
the requirements of this AD can be accomplished.
(h) The actions required by this AD shall be done in accordance
with the following service bulletins:
------------------------------------------------------------------------
Document No. Pages Date
------------------------------------------------------------------------
Avco Lycoming Division SB No. 1-4 November 7, 1975.
381C.
Total pages: 4.
Avco Lycoming Textron SB No. 1-4 October 3, 1975.
385C.
Supplement No. 1............. 1 March 18, 1977.
Total pages: 5.
Avco Lycoming Textron SB No. 1-3 January 2, 1987.
454B.
Total pages: 3.
Avco Lycoming Textron SB No. 1-3 January 2, 1987.
455D.
Total pages: 3.
Textron Lycoming SB No. 456F. 1-3 February 8, 1993.
Total pages: 3.
Textron Lycoming SB No. 524.. 1-3 September 1, 1995.
Attachment................... 1-4
[[Page 29274]]
Total pages: 9.
Textron Lycoming SI No. 1-3 July 1, 1992.
1009AJ.
Total pages: 3.
------------------------------------------------------------------------
This incorporation by reference was approved by the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51. Copies may be obtained from Textron Lycoming, Reciprocating
Engine Division, 652 Oliver St., Williamsport, PA 17701; telephone
(717) 327-7278, fax (717) 327-7022. Copies may be inspected at the
FAA, New England Region, Office of the Assistant Chief Counsel, 12
New England Executive Park, Burlington, MA; or at the Office of the
Federal Register, 800 North Capitol Street, NW., suite 700,
Washington, DC.
(i) This amendment becomes effective on July 15, 1996.
Issued in Burlington, Massachusetts, on May 22, 1996.
Robert E. Guyotte,
Acting Manager, Engine and Propeller Directorate, Aircraft
Certification Service.
[FR Doc. 96-14223 Filed 6-7-96; 8:45 am]
BILLING CODE 4910-13-U
Complete official Federal Register PDF
FR Doc. 96-14165 Atlantic Striped Bass Fishery; Atlantic Coastal Fisheries Cooperative Management; Consolidation and Revision of Regulations
[Federal Register Volume 61, Number 112 (Monday, June 10, 1996)]
[Rules and Regulations]
[Pages 29320-29322]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14165]
=======================================================================
-----------------------------------------------------------------------
[[Page 29321]]
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 656 and 697
[Docket No. 950915230-6123-03; I.D. 022796D]
RIN 0648-AH57
Atlantic Striped Bass Fishery; Atlantic Coastal Fisheries
Cooperative Management; Consolidation and Revision of Regulations
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS consolidates regulations pertaining to the Atlantic
striped bass and weakfish fisheries, which are now contained in two CFR
parts, into a single part. The consolidated regulations are revised to
be more concise, better organized, and easier for the public to use. In
addition, certain prohibitions and definitions currently in parts 656
and 697 are removed and replaced by references to general sections of
the regulations to achieve conformity and to eliminate unnecessary
regulatory text. This action is part of the President's Regulatory
Reinvention Initiative.
EFFECTIVE DATE: July 1, 1996.
FOR FURTHER INFORMATION CONTACT: Tom Meyer, (301) 713-2339.
SUPPLEMENTARY INFORMATION:
Pursuant to the Regulatory Reinvention Initiative of the President,
this final rule removes 50 CFR 656 (Atlantic striped bass regulations)
and revises 50 CFR part 697 (Atlantic coastal fisheries cooperative
management regulations) by consolidating into part 697 the regulations
previously contained in parts 656 and 697. Duplicative regulatory text
previously contained in those parts is eliminated.
Additional background for this rule was contained in the preamble
to the proposed rule (61 FR 13811, March 28, 1996). No comments were
received.
Classification
This final rule has been determined to be not significant for the
purposes of E.O. 12866.
The Assistant General Counsel for Legislation and Regulation of the
Department of Commerce certified to the Chief Counsel for Advocacy of
the Small Business Administration that this final rule would not have a
significant economic impact on a substantial number of small entities.
The reasons were published in the proposed rule (61 FR 13811, March 28,
1996). As a result, a regulatory flexibility analysis was not prepared.
List of Subjects in 50 CFR Parts 656 and 697
Fisheries, Fishing.
Dated: May 31, 1996.
Gary C. Matlock,
Program Management Officer, National Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR chapter VI is
amended as follows:
CHAPTER VI--FISHERY CONSERVATION AND MANAGEMENT, NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE
PART 656--[REMOVED]
1. Part 656, under the authority of 16 U.S.C. 1851 note, is
removed.
2. Part 697 is revised to read as follows:
PART 697--ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT
Sec.
697.1 Purpose and scope.
697.2 Definitions.
697.3 Relation to the Magnuson Act.
697.4 Civil procedures.
697.5 Specifically authorized activities.
697.6 Prohibitions.
Authority: 16 U.S.C. 1851 note, 5101 et seq.
Sec. 697.1 Purpose and scope.
The regulations in this part implement section 804(b) of the
Atlantic Coastal Fisheries Cooperative Management Act, 16 U.S.C. 5101
et seq., and section 6 of the Atlantic Striped Bass Conservation Act
Appropriations Authorization, 16 U.S.C. 1851 note, and govern fishing
in the EEZ on the Atlantic Coast for species covered by those acts.
Sec. 697.2 Definitions.
In addition to the definitions in Sec. 600.10 of this chapter, the
terms in this part have the following meanings:
Atlantic striped bass means members of stocks or populations of the
species Morone saxatilis found in the waters of the Atlantic Ocean
north of Key West, FL.
Block Island Southeast Light means the aid to navigation light
located at Southeast Point, Block Island, RI, and defined as follows:
Located at 40 deg.09.2'N. lat., 71 deg.33.1'W. long; is 201 ft (61.3 m)
above the water; and is shown from a brick octagonal tower 67 ft (20.4
m) high attached to a dwelling on the southeast point of Block Island,
RI.
Continuous transit means that a vessel remains continuously
underway while in the EEZ.
Fish, when used as a verb, for the purposes of this part, means any
activity that involves:
(1) The catching, taking, or harvesting of fish;
(2) The attempted catching, taking, or harvesting of fish;
(3) Any other activity that can reasonably be expected to result in
the catching, taking, or harvesting of fish; or
(4) Any operations at sea in support or, or in preparation for, any
activity described in paragraph (1), (2), or (3) of this definition.
Land means to begin offloading fish, to offload fish, or to enter
port with fish.
Montauk Light means the aid to navigation light located at Montauk
Point, NY, and defined as follows: Located at 41 deg.04.3'N. lat.,
71 deg.51.5'W. long.; is shown from an octagonal, pyramidal tower, 108
ft (32.9 m) high; and has a covered way to a dwelling.
Point Judith Light means the aid to navigation light located at
Point Judith, RI, and defined as follows: Located at 41 deg.21.7'N.
lat., 71 deg.28.9'W. long.; is 65 ft (19.8 m) above the water; and is
shown from an octagonal tower 51 ft (15.5 m) high.
Retain means to fail to return Atlantic striped bass or weakfish to
the sea immediately after the hook has been removed or the fish has
otherwise been released from the capture gear. Weakfish means members
of the stock or population of the species Cynoscion regalis, found
along the Atlantic coast from southern Florida to Massachusetts Bay.
Sec. 697.3 Relation to the Magnuson Act.
The provisions of sections 307 through 311 of the Magnuson Act, as
amended, regarding prohibited acts, civil penalties, criminal offenses,
civil forfeitures, and enforcement apply with respect to the
regulations in this part, as if the regulations in this part were
issued under the Magnuson Act.
Sec. 697.4 Civil procedures.
The civil procedure regulations at 15 CFR part 904 apply to civil
penalties, permit sanctions, seizures, and forfeitures under the
Atlantic Striped Bass Act and the Atlantic Coastal Act, and the
regulations in this part.
Sec. 697.5 Specifically authorized activities.
NMFS may authorize, for the acquisition of information and data,
[[Page 29322]]
activities that are otherwise prohibited by the regulations in this
part.
Sec. 697.6 Prohibitions.
(a) Atlantic Coast weakfish fishery. In addition to the
prohibitions set forth in Sec. 600.725, the following prohibitions
apply. It is unlawful for any person to do any of the following:
(1) Fish for weakfish in the EEZ.
(2) Harvest any weakfish from the EEZ.
(3) Possess any weakfish in or from the EEZ.
(4) Fail to return to the water immediately, with the least
possible injury, any weakfish taken within the EEZ.
(b) Atlantic striped bass fishery. It is unlawful for any person to
do any of the following:
(1) Fish for Atlantic striped bass in the EEZ.
(2) Harvest any Atlantic striped bass from the EEZ.
(3) Possess any Atlantic striped bass in or from the EEZ, except
for the following area: The EEZ within Block Island Sound, north of a
line connecting Montauk Light, Montauk Point, NY, and Block Island
Southeast Light, Block Island, RI; and west of a line connecting Point
Judith Light, Point Judith, RI, and Block Island Southeast Light, Block
Island, RI. Within this area, possession of Atlantic striped bass is
permitted, provided no fishing takes place from the vessel while in the
EEZ and the vessel is in continuous transit.
(4) Fail to return to the water immediately, with the least
possible injury, any Atlantic striped bass taken within the EEZ.
[FR Doc. 96-14165 Filed 6-7-96; 8:45 am]
BILLING CODE 3510-22-F
Complete official Federal Register PDF
FR Doc. 96-14109 Safety Standards for Underground Coal Mine Ventilation
[Federal Register Volume 61, Number 112 (Monday, June 10, 1996)]
[Rules and Regulations]
[Pages 29287-29289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14109]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Mine Safety and Health Administration
30 CFR Part 75
RIN 1219-AA11
Safety Standards for Underground Coal Mine Ventilation
AGENCY: Mine Safety and Health Administration (MSHA), Labor.
ACTION: Final rule; corrections.
-----------------------------------------------------------------------
SUMMARY: This document corrects errors in the final rule for
underground coal mine ventilation which appeared in the Federal
Register on March 11, 1996 (61 FR 9764).
EFFECTIVE DATE: June 10, 1996.
FOR FURTHER INFORMATION CONTACT: Patricia W. Silvey, Director, Office
of Standards, Regulations, and Variances, MSHA, (703) 235-1910.
SUPPLEMENTARY INFORMATION: On March 11, 1996, MSHA published a final
rule to revise its safety standards for underground coal mine
ventilation. This document corrects errors that appeared in the final
rule.
Sections 75.325, 75.326, and 75.330 each refer to provisions in the
final rule that limit exposure to methane, respirable dust, or other
harmful gases. In each case it was not the Agency's intent to modify
the limits set in these standards. No changes were proposed and the
current versions that appear in the 1995 compilation of the Code of
Federal Regulations are correct. Therefore, to address questions raised
and to clarify the intent of the Agency, the language in these
standards is being corrected to re-state the language of the existing
standards.
Sections 75.301, 75.333(d) (1), (e)(3), and (f), and
75.335(a)(1)(iv) and (a)(2) are being corrected to include information
concerning the availability of the incorporated documents, where the
incorporated documents may be inspected, and the Federal Register
approval for incorporation by reference of the documents. No changes
were proposed and the current versions that appear in the 1995
compilation of the Code of Federal Regulations are correct. The final
rule language for Sec. 75.333 Ventilation controls, inadvertently
[[Page 29288]]
omits the information concerning the availability of the document
incorporated by reference in (e)(1)(i). This document adds that
language.
Correction of Publication
The final rule for safety standards for underground coal mine
ventilation that appeared in the Federal Register on March 11, 1996 (61
FR 9764) is corrected as follows:
1. On page 9829, in the second column, in Sec. 75.301, in the
definition of noncombustible structure or area, three sentences are
added following the last sentence to read as follows:
Sec. 75.301 Definitions.
* * * * *
Noncombustible Structure or Area. * * * The publication ASTM E119-
88, ``Standard Test Methods for Fire Tests of Building Construction and
Materials'' is incorporated by reference and may be inspected at any
Coal Mine Health and Safety District and Subdistrict Office, or at
MSHA's Office of Standards, 4015 Wilson Boulevard, Arlington, VA, and
at the Office of the Federal Register, 800 North Capitol Street, NW.,
Suite 700, Washington, DC. In addition, copies of the document can be
purchased from the American Society for Testing Materials (ASTM), 1916
Race Street, Philadelphia, Pennsylvania 19103. This incorporation by
reference was approved by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
* * * * *
2. On page 9829, in the second column, in Sec. 75.301, in the
definition of noncombustible material, three sentences are added
following the last sentence to read as follows:
* * * * *
Noncombustible Material. * * * The publication ASTM E119-88,
``Standard Test Methods for Fire Tests of Building Construction and
Materials'' is incorporated by reference and may be inspected at any
Coal Mine Health and Safety District and Subdistrict Office, or at
MSHA's Office of Standards, 4015 Wilson Boulevard, Arlington, VA, and
at the Office of the Federal Register, 800 North Capitol Street, NW.,
Suite 700, Washington, DC. In addition, copies of the document can be
purchased from the American Society for Testing Materials (ASTM), 1916
Race Street, Philadelphia, Pennsylvania 19103. This incorporation by
reference was approved by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
* * * * *
3. On page 9833, in the second column, in Sec. 75.325, the first
sentence in paragraph (c)(2), is corrected to read as follows:
Sec. 75.325 Air quantity.
* * * * *
(c) * * *
(2) The velocity of air that will be provided to control methane
and respirable dust in accordance with applicable standards on each
longwall or shortwall and the locations where these velocities will be
provided shall be specified in the approved ventilation plan. * * *
* * * * *
4. On page 9833, in the second column, in Sec. 75.326, the second
sentence is corrected to read as follows:
* * * * *
* * * A lower mean entry air velocity may be approved in the
ventilation plan if the lower velocity will maintain methane and
respirable dust concentrations in accordance with the applicable
levels. * * *
* * * * *
5. On page 9833, in the third column, in Sec. 75.330, the second
sentence of paragraph (b)(2), is corrected to read as follows:
Sec. 75.330 Face ventilation control devices.
* * * * *
(b) * * *
(2) * * * Alternative distances specified shall be capable of
maintaining concentrations of respirable dust, methane, and other
harmful gases, in accordance with the levels specified in the
applicable sections of this chapter.
* * * * *
6. On page 9834, in the third column, in Sec. 75.333, paragraph
(d)(1) is corrected to read as follows:
Sec. 75.333 Ventilation controls.
* * * * *
(d) * * *
(1) Made of noncombustible material or coated on all accessible
surfaces with flame-retardant materials having a flame-spread index of
25 or less, as tested under ASTM E162-87, ``Standard Test Method for
Surface Flammability of Materials Using A Radiant Heat Energy Source.''
This publication is incorporated by reference and may be inspected at
any Coal Mine Health and Safety District and Subdistrict Office, or at
MSHA's Office of Standards, 4015 Wilson Boulevard, Arlington, VA, and
at the Office of the Federal Register, 800 North Capitol Street, NW.,
Suite 700, Washington, DC. In addition, copies of the document can be
purchased from the American Society for Testing (ASTM), 1916 Race
Street, Philadelphia, Pennsylvania 19103. This incorporation by
reference was approved by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
* * * * *
7. On page 9834, in the third column, in Sec. 75.333, paragraph
(e)(1)(i) is corrected to read as follows:
* * * * *
(e)(1)(i) Except as provided in paragraphs (e)(2), (e)(3) and
(e)(4) of this section all overcasts, undercasts, shaft partitions,
permanent stoppings, and regulators, installed after June 10, 1996,
shall be constructed in a traditionally accepted method and of
materials that have been demonstrated to perform adequately or in a
method and of materials that have been tested and shown to have a
minimum strength equal to or greater than the traditionally accepted
in-mine controls. Tests may be performed under ASTM E72-80, ``Standard
Methods of Conducting Strength Tests of Panels for Building
Construction'' (Section 12--Transverse Load--Specimen Vertical, load,
only), or the operator may conduct comparative in-mine tests. In-mine
tests shall be designed to demonstrate the comparative strength of the
proposed construction and a traditionally accepted in-mine control. The
publication ASTM E72-80, ``Standard Methods of Conducting Strength
Tests of Panels for Building Construction'' is incorporated by
reference and may be inspected at any Coal Mine Health and Safety
District and Subdistrict Office, or at MSHA's Office of Standards, 4015
Wilson Boulevard, Arlington, VA, and at the Office of the Federal
Register, 800 North Capitol Street, NW., Suite 700, Washington, DC. In
addition, copies of the document can be purchased from the American
Society for Testing (ASTM), 1916 Race Street, Philadelphia,
Pennsylvania 19103. This incorporation by reference was approved by the
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and
1 CFR part 51.
* * * * *
8. On page 9835, in the first column, in Sec. 75.333, paragraph
(e)(3) is corrected to read as follows:
* * * * *
(e) * * *
(3) When timbers are used to create permanent stoppings in heaving
or caving areas, the stoppings shall be coated on all accessible
surfaces with a flame-retardant material having a flame-spread index of
25 or less, as tested under ASTM E162-87, ``Standard Test Method for
Surface Flammability of Materials Using A Radiant Heat Energy
[[Page 29289]]
Source.'' This publication is incorporated by reference and may be
inspected at any Coal Mine Health and Safety District and Subdistrict
Office, or at MSHA's Office of Standards, 4015 Wilson Boulevard,
Arlington, VA, and at the Office of the Federal Register, 800 North
Capitol Street, NW., Suite 700, Washington, DC. In addition, copies of
the document can be purchased from the American Society for Testing
(ASTM), 1916 Race Street, Philadelphia, Pennsylvania 19103. This
incorporation by reference was approved by the Director of the Federal
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
* * * * *
9. On page 9835, in the first column, in Sec. 75.333, paragraph (f)
is corrected to read as follows:
* * * * *
(f) When sealants are applied to ventilation controls, the sealant
shall have a flame-spread index of 25 or less under ASTM E162-87,
``Standard Test Method for Surface Flammability of Materials Using A
Radiant Heat Energy Source.'' This publication is incorporated by
reference and may be inspected at any Coal Mine Health and Safety
District and Subdistrict Office, or at MSHA's Office of Standards, 4015
Wilson Boulevard, Arlington, VA, and at the Office of the Federal
Register, 800 North Capitol Street, NW., Suite 700, Washington, DC. In
addition, copies of the document can be purchased from the American
Society for Testing (ASTM), 1916 Race Street, Philadelphia,
Pennsylvania 19103. This incorporation by reference was approved by the
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and
1 CFR part 51.
* * * * *
10. In the rule, on page 9835, in the third column, Sec. 75.335,
paragraph (a)(1)(iv) is corrected to read as follows:
Sec. 75.335 Construction of seals.
(a)(1) * * *
(iv) Coated on all accessible surfaces with flame-retardant
material that will minimize leakage and that has a flame-spread index
of 25 or less, as tested under ASTM E162-87, ``Standard Test Method for
Surface Flammability of Materials Using A Radiant Heat Energy Source.''
This publication is incorporated by reference and may be inspected at
any Coal Mine Health and Safety District and Subdistrict Office, or at
MSHA's Office of Standards, 4015 Wilson Boulevard, Arlington, VA, and
at the Office of the 4Federal Register, 800 North Capitol Street, NW.,
Suite 700, Washington, DC. In addition, copies of the document can be
purchased from the American Society for Testing (ASTM), 1916 Race
Street, Philadelphia, Pennsylvania 19103. This incorporation by
reference was approved by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
* * * * *
11. On page 9835, in the third column, in Sec. 75.335, paragraph
(a)(2) is corrected to read as follows:
(a)(1) * * *
(2) Alternative methods or materials may be used to create a seal
if they can withstand a static horizontal pressure of 20 pounds per
square inch provided the method of installation and the material used
are approved in the ventilation plan. If the alternative methods or
materials include the use of timbers, the timbers also shall be coated
on all accessible surfaces with flame-retardant material having a
flame-spread index of 25 or less, as tested under ASTM E162-87,
``Standard Test Method for Surface Flammability of Materials Using A
Radiant Heat Energy Source.'' This publication is incorporated by
reference and may be inspected at any Coal Mine Health and Safety
District and Subdistrict Office, or at MSHA's Office of Standards, 4015
Wilson Boulevard, Arlington, VA, and at the Office of the Federal
Register, 800 North Capitol Street, NW., Suite 700, Washington, DC. In
addition, copies of the document can be purchased from the American
Society for Testing (ASTM), 1916 Race Street, Philadelphia,
Pennsylvania 19103. This incorporation by reference was approved by the
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and
1 CFR part 51.
* * * * *
Dated: May 28, 1996.
J. Davitt McAteer,
Assistant Secretary for Mine Safety and Health.
[FR Doc. 96-14109 Filed 6-7-96; 8:45 am]
BILLING CODE 4510-43-P
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