issue-1996-06-28•Federal Register final rules — 1996-06-28
Federal Register final rules — 1996-06-28
issue-1996-06-28Federal Register final rules — 1996-06-28Regulation
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. 96-16600 Safety Zone: Heritage of Pride Fireworks Display, Hudson River, NY
[Federal Register Volume 61, Number 126 (Friday, June 28, 1996)]
[Rules and Regulations]
[Pages 33672-33673]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16600]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165
[CGD01-96-047]
RIN 2115-AA97
Safety Zone: Heritage of Pride Fireworks Display, Hudson River,
NY
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
the Heritage of Pride fireworks display located on the Hudson River,
NY. The safety zone is in effect from 9:30 p.m. until 11:30 p.m. on
Sunday, June 30, 1996. The safety zone temporarily closes all waters of
the Hudson River within a 300 yard radius of a fireworks barge anchored
approximately 330 yards west of the Manhattan pierhead line between
Pier 32 and Pier 26.
EFFECTIVE DATE: This rule is effective from 9:30 p.m. until 11:30 p.m.
on Sunday, June 30, 1996, unless extended or terminated sooner by the
Captain of the Port, New York.
FOR FURTHER INFORMATION CONTACT:
Lieutenant J. W. Green, Waterways Oversight Branch, Coast Guard
Activities New York, at (212) 668-7906.
SUPPLEMENTARY INFORMATION:
Regulatory History
Pursuant to 5 U.S.C. 553, a notice of proposed rulemaking (NPRM)
was not published for this regulation. Good cause exists for not
publishing an NPRM and for making this regulation effective less than
30 days after Federal Register
[[Page 33673]]
publication. Due to the date on which complete information regarding
this event was received, there was insufficient time to draft and
publish an NPRM. Any delay encountered in this regulation's effective
date would be contrary to public interest since immediate action is
needed to protect the maritime public from the hazards associated with
fireworks exploding from a barge on the waters on the Hudson River.
Background and Purpose
Heritage of Pride Inc., submitted an Application for Approval of
Marine Event to hold a fireworks program on the Hudson River. This
regulation establishes a temporary safety zone in all waters of the
Hudson River within a 300 yard radius of the fireworks barge anchored
approximately 330 yards west of the Manhattan pierhead line between
pier 32 and pier 26. The safety zone is in effect from 9:30 p.m. until
11:30 p.m. on June 30, 1996, unless extended or terminated sooner by
the Captain of the Port, New York. The safety zone prevents vessels
from transiting this portion of the Hudson River and is needed to
protect mariners from the hazards associated with fireworks exploding
in the area.
Regulatory Evaluation
This regulation is not a significant regulatory action under
section 3(f) of Executive Order 12866 and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that order. It has been exempted from review by the Office of
Management and Budget under that order. It is not significant under the
regulatory policies and procedures of the Department of Transportation
(DOT) (44 FR 11040; February 26, 1979). The Coast Guard expects the
economic impact of this regulation to be so minimal that a full
Regulatory Evaluation under paragraph 10(e) of the regulatory policies
and procedures of DOT is unnecessary. This regulation closes a portion
of the Hudson River to vessel traffic from 9:30 p.m. until 11:30 p.m.
on June 30, 1996, unless extended or terminated sooner by the Captain
of the Port, New York. Although this regulation prevents traffic from
transiting this area on the eastern side of the Hudson River, the
effect of the regulation will not be significant for several reasons:
the duration of the event is limited; the event is at a later hour;
vessel traffic may safely pass to the west of this area; the advance
advisories which will be made; and that this event has been held
annually for the past several years between pier 45 and pier 49 without
incident or complaint. Accordingly, the Coast Guard expects the
economic impact of this regulation to be so minimal that a Regulatory
Evaluation is unnecessary.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq), the
Coast Guard must consider whether this regulation will have a
significant economic impact on a substantial number of small entities.
``Small entities'' may include (1) small businesses and not-for-profit
organizations that are not independently owned and operated and are not
dominant in their fields and (2) governmental jurisdictions with
populations of less than 50,000.
For reasons set forth in the Regulatory Evaluation, the Coast Guard
certifies under 5 U.S.C. 605(b) that this regulation will not have a
significant economic impact on a substantial number of small entities.
Therefore, the Coast Guard finds that this rule will not have a
significant economic impact on a substantial number of small entities.
If, however, you think that your business or organization qualifies as
a small entity and that this rule will have significant economic impact
on your business or organization, please submit a comment explaining
why you think it qualifies and in what way and to what degree this rule
will economically affect it.
Collection of Information
This regulation contains no collection of information requirements
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.)
Federalism
The Coast Guard has analyzed this action in accordance with the
principles and criteria contained in Executive Order 12612 and has
determined that this regulation does not have sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard has considered the environment impact of this
regulation and concluded that under section 2.B.2.e. (34)(g) of
Commandant Instruction M16475.1B (as revised by 59 FR 38654, July 29,
1994), the promulgation of this regulation is categorically excluded
from further environmental documentation. A Categorical Exclusion
Determination and Environmental Analysis Checklist are included in the
docket.
List of Subjects in 33 CFR Part 165
Harbors, Marine Safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
Final Regulation
For reasons set out in the preamble, the Coast Guard amends 33 CFR
Part 165 as follows:
PART 165--[AMENDED]
1. The authority citation for Part 165 continues to read as
follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g),
6.04-1, 6.04-6, and 160.5; 49 CFR 1.46.
2. A temporary Sec. 165.T01-047, is added to read as follows:
Sec. 165.T01-047 Safety Zone: Heritage of Pride Fireworks Display,
Hudson River, New York.
(a) Location. All waters of the Hudson River within a 300 yard
radius of the fireworks barge anchored approximately 330 yards west of
the Manhattan pierhead line between Pier 32 and Pier 26.
(b) Effective period. This section is effective from 9:30 p.m.
until 11:30 p.m. on June 30, 1996, unless extended or terminated sooner
by the Captain of the Port, New York.
(c) Regulations. (1) The general regulations contained in 33 CFR
165.23 apply to this safety zone.
(2) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or the designated on scene patrol
personnel. U.S. Coast Guard patrol personnel include commissioned,
warrant, and petty officers of the Coast Guard. Upon being hailed by a
U.S. Coast Guard vessel via siren, radio, flashing light, or other
means, the operator of a vessel shall proceed as directed.
Dated: June 18, 1996.
T.H. Gilmour,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 96-16600 Filed 6-27-96; 8:45 am]
BILLING CODE 4910-14-M
Complete official Federal Register PDF
FR Doc. 96-16599 Safety Zone: 100th Anniversary of Fort Hancock Fireworks Display, Sandy Hook Bay, NJ
[Federal Register Volume 61, Number 126 (Friday, June 28, 1996)]
[Rules and Regulations]
[Pages 33671-33672]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16599]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165
[CGD01-96-051]
RIN 2115-AA97
Safety Zone: 100th Anniversary of Fort Hancock Fireworks Display,
Sandy Hook Bay, NJ
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
the ``100th Anniversary of Fort Hancock'' fireworks display located in
Sandy Hook Bay, New Jersey. The safety zone is in effect from 9 p.m.
until 10:45 p.m. on Saturday June 29, 1996, with a rain date of Sunday
June 30, 1996, at the same times. The safety zone temporarily closes
all waters of Sandy Hook Bay within a 330 yard radius of a fireworks
barge anchored approximately 700 yards west of Sandy Hook Lighthouse.
EFFECTIVE DATE: This rule is effective from 9 p.m. until 10:45 p.m. on
Saturday June 29, 1996. In case of inclement weather, this rule is
effective on Sunday June 30, 1996, at the same times, unless extended
or terminated sooner by the Captain of the Port, New York.
FOR FURTHER INFORMATION CONTACT:
Lietenant John W. Green, Waterways Oversight Branch, Coast Guard
Activities New York, at (212) 668-7906.
SUPPLEMENTARY INFORMATION:
Regulatory History
Pursuant to 5 U.S.C. 553, a notice of proposed rulemaking (NPRM)
was not published for this regulation. Good cause exists for not
publishing a NPRM and for making this regulation effective less than 30
days after Federal Register publication. Due to the date on which
complete information regarding this event was received, there was
insufficient time to draft and publish a NPRM. Any delay encountered in
this regulation's effective date would be contrary to public interest
since immediate action is needed to protect the maritime public from
the hazards associated with fireworks exploding from a barge in the
waters of Sandy Hook Bay, New Jersey.
Background and Purpose
Fireworks By Grucci, Inc., submitted an Application for Approval of
Marine Event to hold a fireworks display on the waters of Sandy Hook
Bay. The fireworks program is being sponsored by the Sandy Hook
Foundation. This regulation establishes a temporary safety zone in all
waters of Sandy Hook Bay within a 330 yard radius of the fireworks
barge anchored approximately 700 yards west of Sandy Hook Lighthouse at
approximately 40 deg.27'40'' N latitude, 074 deg.00'36'' W longitude
(NAD 1983). The safety zone is in effect from 9 p.m. until 10:45 p.m.
on June 29, 1996, with a rain date of June 30, 1996, at the same times,
unless extended or terminated sooner by the Captain of the Port, New
York. The safety zone prevents vessels from transiting this portion of
Sandy Hook Bay, adjacent to the western shoreline of Sandy Hook, in the
vicinity of Sandy Hook Lighthouse, and is needed to protect mariners
from the hazards associated with fireworks exploding in the area.
[[Page 33672]]
Regulatory Evaluation
This regulation is not a significant regulatory action under
section 3(f) of Executive Order 12866 and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that order. It has been exempted from review by the Office of
Management and Budget under that order. It is not significant under the
regulatory policies and procedures of the Department of Transportation
(DOT) (44 FR 11040; February 26, 1979). The Coast Guard expects the
economic impact of this regulation to be so minimal that a full
Regulatory Evaluation under paragraph 10(e) of the regulatory policies
and procedures of DOT is unnecessary. This regulation closes a portion
of Sandy Hook Bay approximately 700 yards west of Sandy Hook
Lighthouse, New Jersey, to vessel traffic from 9 p.m. until 10:45 p.m.
on Saturday, June 29, 1996, with a rain date of Sunday, June 30, 1996,
at the same times, unless extended or terminated sooner by the Captain
of the Port, New York. This section of Sandy Hook Bay is mainly used by
recreational vessels and a limited number of commercial fishing
vessels. Although the regulation prevents traffic from transiting this
area, the effect of the regulation will not be significant for several
reasons: the duration of the event is limited; the event is at a late
hour; the zone is not located within a marked channel; vessel traffic
may safely pass to the west of this area; and the extensive, advance
advisories which will be made. Accordingly, the Coast Guard expects the
economic impact of this regulation to be so minimal that a Regulatory
Evaluation is unnecessary.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this regulation will have a
significant economic impact on a substantial number of small entities.
``Small entities'' may include (1) small businesses and not-for-profit
organizations that are not independently owned and operated and are not
dominant in their fields and (2) governmental jurisdictions with
populations of less than 50,000.
For reasons set forth in the Regulatory Evaluation, the Coast Guard
certifies under 5 U.S.C. 605(b) that this regulation will not have a
significant economic impact on a substantial number of small entities.
Therefore, the Coast Guard finds that this rule will not have a
significant economic impact on a substantial number of small entities.
If, however, you think that your business or organization qualifies as
a small entity and that this rule will have significant economic impact
on your business or organization, please submit a comment explaining
why you think it qualifies and in what way and to what degree this rule
will economically affect it.
Collection of Information
This regulation contains no collection of information requirements
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this action in accordance with the
principles and criteria contained in Executive Order 12612 and has
determined that this regulation does not have sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard has considered the environmental impact of this
regulation and concluded that under section 2.B.2.e. (34)(g) of
Commandant Instruction M16475.1B (as revised by 59 FR 38654, July 29,
1994), the promulgation of this regulation is categorically excluded
from further environmental documentation. A Categorical Exclusion
Determination and Environmental Analysis Checklist are included in the
docket.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
Final Regulation
For reasons set out in the preamble, the Coast Guard amends 33 CFR
Part 165 as follows:
PART 165--[AMENDED]
1. The authority citation for Part 165 continues to read as
follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g),
6.04-1, 6.04-6, and 160.5; 49 CFR 1.46.
2. A temporary Sec. 165.T01-051, is added to read as follows:
Sec. 165.T01-051 Safety Zone: 100th Anniversary of Fort Hancock
Fireworks Display, Sandy Hook Bay, New Jersey.
(a) Location. The waters of Sandy Hook Bay within a 330 yard radius
of the fireworks barge anchored approximately 700 yards west of Sandy
Hook Lighthouse at approximately 40 deg.27'40'' N latitude,
074 deg.00'36'' W longitude (NAD 1983).
(b) Effective period. This section is effective from 9 p.m. until
10:45 p.m. on June 29, 1996. In case of inclement weather, this section
is effective on June 30, 1996, at the same times, unless extended or
terminated sooner by the Captain of the Port, New York.
(c) Regulations. (1) The general regulations contained in 33 C.F.R.
165.23 apply.
(2) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or the designated on scene patrol
personnel. U.S. Coast Guard patrol personnel include commissioned,
warrant, and petty officers of the Coast Guard. Upon being hailed by a
U.S. Coast Guard vessel via siren, radio, flashing light, or other
means, the operator of a vessel shall proceed as directed.
Dated: June 18, 1996.
T.H. Gilmour,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 96-16599 Filed 6-27-96; 8:45 am]
BILLING CODE 4910-14-M
Complete official Federal Register PDF
FR Doc. 96-16598 Special Local Regulations: Kentucky Drag Boat Association Races; Green River Mile 70.0-71.5, Livermore, KY
[Federal Register Volume 61, Number 126 (Friday, June 28, 1996)]
[Rules and Regulations]
[Pages 33670-33671]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16598]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
33 CFR Part 100
[CGD08-96-015]
RIN 2115-AE46
Special Local Regulations: Kentucky Drag Boat Association Races;
Green River Mile 70.0-71.5, Livermore, KY
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: Special local regulations are being adopted for the Kentucky
Drag Boat Association races. This event will be held on June 26-30,
1996 from 9 a.m. until 7 p.m. at Livermore, Kentucky. These regulations
are needed to provide for the safety of life on navigable waters during
the event.
EFFECTIVE DATES: This rule is effective at 9 a.m. on June 28, 1996 and
will terminate at 7 p.m. on June 30, 1996.
FOR FURTHER INFORMATION CONTACT:
LT Gregory A. Howard, Chief, Port Operations Department, USCG Marine
Safety Office, Louisville, Kentucky at (502) 582-5194, ext. 39.
SUPPLEMENTARY INFORMATION:
Regulatory History
In accordance with 5 U.S.C. Sec. 553, a notice of proposed rule
making for these regulations has not been published and good cause
exists for making them effective in less than 30 days from the date of
publication. Following normal rule making procedures would be
impracticable. The details of the event were not finalized in
sufficient time to publish proposed rules in advance of the event or to
provide for a delayed effective date.
Background and Purpose
The marine event requiring this regulation is a series of quarter
mile drag boat races. The event is sponsored by the Kentucky Drag Boat
Association. The course to be followed by the race participants will be
marked by precisely placed marker buoys positioned at various points
along the quarter mile course. Commercial vessels will be permitted to
transit the area every three hours.
Regulatory Evaluation
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866 and does not
[[Page 33671]]
require an assessment of potential costs and benefits under section
6(a)(3) of that order. It has been exempted from review by the Office
of Management and Budget under that order. It is not under the
regulatory policies and procedures of the Department of Transportation
(DOT) (44 FR 11040; February 26, 1979). The Coast Guard expects the
economic impact of this rule to be so minimal that a full Regulatory
Evaluation under paragraph 10e of the regulatory policies and
procedures of DOT is unnecessary because of the event's short duration.
Small Entities
For the reasons stated above, the Coast Guard finds that the impact
on small entities, if any, is not substantial. Therefore, the Coast
Guard certifies under section 605(b) of the Regulatory Flexibility Act
(5 U.S.C. Sec. 601 et seq.) that this temporary rule will not have a
significant economic impact on a substantial number of small entities.
Collection of Information
This rule contains no information collection requirements under the
Paperwork Reduction Act (44 U.S.C. Sec. 3501 et seq.).
Federalism Assessment
The Coast Guard has analyzed this action in accordance with the
principles and criteria of Executive Order 12612 and has determined
that this rule does not raise sufficient federalism implications to
warrant the preparation of a Federalism Assessment.
Environmental Assessment
The Coast Guard considered the environmental impact of this rule
and concluded that under section 2.B.2.C. of Commandant Instruction
M16475.1B, (as revised by 61 FR 13563; March 27, 1996) this rule is
categorically excluded from further environmental documentation.
List of Subjects in 33 CFR Part 100
Marine Safety Navigation (water), Reporting and Recordkeeping
requirements, Waterways.
Temporary Regulations
In consideration of the foregoing, Part 100 of Title 33, Code of
Federal Regulations, is amended as follows:
PART 100--[AMENDED]
1. The authority citation for part 100 continues to read as
follows:
Authority: 33 U.S.C. 1233; 49 CFR 1.46 and 33 CFR 100.35
2. A temporary Sec. 100.35 T08-015 is added to read as follows:
Sec. 100.35 T08-015 Green River near Livermore, Kentucky.
(a) Regulated area: Green River mile 70.0-71.5.
(b) Special local regulation: All persons and/or vessels not
registered with the sponsors as participants or official patrol vessels
are considered spectators. ``Participants'' are those persons and/or
vessels identified by the sponsor as taking part in the event. The
``official patrol'' consists of any Coast Guard, public, state or local
law enforcement and/or sponsor provided vessel assigned to patrol the
event. The Coast Guard ``Patrol Commander'' is a Coast Guard
commissioned, warrant, or petty officer who has been designated by
Commanding Officer, Coast Guard Marine Safety Office Louisville.
(1) No spectators shall anchor, block, loiter in, or impede the
transit of participants or official patrol vessels in the regulated
area during effective dates and times, unless cleared for such entry by
or through an official patrol vessel.
(2) When hailed and/or signaled by an official patrol vessel, a
spectator shall come to an immediate stop. Vessels shall comply with
all directions given; failure to do so may result in a citation.
(3) The Patrol Commander is empowered to forbid and control the
movement of all vessels in the regulated area. The Patrol Commander may
terminate the event at any time it is deemed necessary for the
protection of life and/or property and can be reached on VHF-FM Channel
16 by using the call sign ``PATCOM''.
(C) Effective Dates. This rule is effective from 9 a.m. June 28,
1996 to 7 p.m. June 30, 1996.
Dated: June 11, 1996.
R.C. North,
Rear Admiral, U.S. Coast Guard Commander, Eighth Coast Guard District.
[FR Doc. 96-16598 Filed 6-27-96; 8:45 am]
BILLING CODE 4910-14-M
Complete official Federal Register PDF
FR Doc. 96-16596 Food Stamp Program: Automated Data Processing Equipment and Services; Reduction in Reporting Requirements
[Federal Register Volume 61, Number 126 (Friday, June 28, 1996)]
[Rules and Regulations]
[Pages 33641-33644]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16596]
========================================================================
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. 126 / Friday, June 28, 1996 / Rules
and Regulations
[[Page 33641]]
DEPARTMENT OF AGRICULTURE
Food and Consumer Service
7 CFR Parts 272 and 277
[Am. No. 368]
RIN 0584-AB92
Food Stamp Program: Automated Data Processing Equipment and
Services; Reduction in Reporting Requirements
AGENCY: Food and Consumer Service, USDA.
ACTION: Final rule.
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SUMMARY: This rule: increases the cost thresholds above which prior
written Federal approval is required for Federal financial
participation in State automated data processing (ADP) equipment and
services acquisitions; provides for State requests to be deemed to have
provisionally met the prior approval requirement if the Food and
Consumer Service (FCS) does not approve, disapprove, or request
additional information about the request within 60 days of
acknowledging receipt; and eliminates the requirement that State
agencies submit a written summary pertaining to the State biennial
system security reviews.
EFFECTIVE DATE: This rule is effective July 29, 1996.
FOR FURTHER INFORMATION CONTACT: John H. Knaus, Chief, Quality Control
Branch, Program Accountability Division, Food Stamp Program, 3101 Park
Center Drive, Room 904, Alexandria, Virginia 22302, (703) 305-2474.
SUPPLEMENTARY INFORMATION:
Executive Order 12866
This rulemaking has been determined to be significant and was
reviewed by the Office of Management and Budget under Executive Order
12866.
Executive Order 12372
The Food Stamp Program (FSP) is listed in the Catalog of Federal
Domestic Assistance under 10.551 and information on State agency
administrative matching grants for the FSP is listed under 10.561. For
the reasons set forth in the final rule and related notice to 7 CFR
part 3015, subpart v (48 FR 29115), the FSP is excluded from the scope
of Executive Order 12372 which requires intergovernmental consultation
with State and local officials.
Executive Order 12778
This rule has been reviewed under Executive Order 12778, Civil
Justice Reform. This rule is intended to have preemptive effect with
respect to any State or local laws, regulations or policies which
conflict with its provisions or which would otherwise impede its full
implementation. This rule is not intended to have retroactive effect
unless so specified in the ``Effective Date'' section of this preamble.
Prior to any judicial challenge to the provisions of this rule or the
application of its provisions, all applicable administrative procedures
must be exhausted. In the FSP the administrative procedures are as
follows: (1) For program benefit recipients--State administrative
procedures issued pursuant to 7 U.S.C. 2020(e)(10) and 7 CFR 273.15;
(2) for State agencies--administrative procedures issued pursuant to 7
U.S.C. 2023 set out at 7 CFR 276.7 (for rules related to non-QC
liabilities) or Part 283 (for rules related to QC Liabilities); and (3)
for program retailers and wholesalers--administrative procedures issued
pursuant to 7 U.S.C. 2023 set out at 7 CFR 278.8.
Regulatory Flexibility Act
This rulemaking has been reviewed with regard to the requirements
of the Regulatory Flexibility Act of 1980 (Pub. L. 96-354, 94 Stat.
1164, September 19, 1980, 5 U.S.C. 601-612). Ellen Haas, Under
Secretary for Food, Nutrition, and Consumer Services, has certified
that this rule does not have a significant economic impact on a
substantial number of small entities. This rule will affect State
agencies by reducing the reporting requirements applicable to them.
Paperwork Reduction Act
We anticipate this rule could reduce the actual reporting burden by
twenty percent or more. In accordance with the Paperwork Reduction Act
of 1995 (44 U.S.C. 3507), FCS solicited comment through an April 1,
1996 publication in the Federal Register (61 FR 14288) of a notice on
the information collection requirements relating to automated data
processing and information retrieval systems. The comment period closed
May 31, 1996. There were no comments on the portion of the reporting
burden that this rule concerns. The proposed collection will be
submitted to OMB for review and at that time the Department will
publish a notice which will provide an additional opportunity to
comment.
Background
On July 31, 1995, the Department of Agriculture (the Department)
published in the Federal Register a Notice of Proposed Rulemaking which
proposed changes to the Advance Planning Document (APD) process (60 FR
38,972 (1995)). There was a sixty-day comment period, which ended
September 29, 1995. The Department received six comment letters on the
proposed rule. Commenters represented the States of California,
Louisiana, North Carolina, Pennsylvania and Texas and the National
Association of State Human Services Finance Officers. Commenters
expressed agreement with the proposed rule's objective to reduce
reporting requirements. Two commenters supported the rule changes with
no additional comment. One commenter was positive about the changes but
had technical questions about their application. The three remaining
commenters, while positive about the direction of the rule changes,
felt FCS should take further action to reduce the reporting
requirements.
Increased APD Prior Approval Cost Thresholds - 7 CFR 277.18(c)
The Department proposed to increase the cost thresholds for prior
approval of APDs from $500,000 to $5 million or more in State and
Federal costs for both competitive and noncompetitive acquisitions.
Noncompetitive acquisitions from a non-governmental source that have
total State and Federal acquisition costs of more than $1 million but
no more than $5 million would need prior approval of the
[[Page 33642]]
justification for the sole source purchase. The previous threshold for
such acquisitions was $100,000. Three commenters thought the proposed
increases were too small to reduce the reporting burden for their
States. Two recommended that thresholds be scaled according to the
total or client populations of a State. One commenter recommended that
thresholds be raised to $25 million for larger States; another
recommended an increase to $30 million. The theory behind these
comments was that relatively minor projects in larger States, because
of their costs, would receive disproportionate Federal attention and
require continued reporting.
The Department is attempting to achieve a reasonable balance
between greater State flexibility and prudent oversight of Federal
investments. The thresholds were increased ten-fold in the proposed
rule. While automation projects costing from $5 million to $25 million
or $30 million may not always be critical projects in larger States,
they represent sizeable investments of Federal money. Introduction of a
sliding scale for thresholds according to State population or caseload
introduces an unnecessary complication to the APD process. At this time
the Department believes a reasonable balance has been proposed.
However, the Department will continue efforts to further streamline the
APD process. After some experience with the new thresholds, further
increases in or changes to the thresholds can be considered.
One commenter suggested that the Department limit its review of
State ADP acquisitions to new development and that standard upgrades of
existing equipment, replacement of obsolete or depreciated equipment,
and normal growth (equipment for new staff) be exempt from Federal
review. This commenter asserted there was rarely doubt as to the
eventual approval of most of these requests and this action would
permit further Federal focus on new automation initiatives. The
Department is responsible for overseeing Federal investments and
ensuring Federal requirements are met. At this time the Department
believes these acquisitions, when in excess of the proposed thresholds,
should receive continued Federal oversight. However, this suggestion
will be part of considerations in continuing efforts to streamline the
APD process and provide reporting relief to State agencies.
One commenter proposed that electronic benefit transfer (EBT)
systems be subject to the higher APD thresholds. However, given the
critical stage of development of a large number of EBT projects, the
Department believes it is in the mutual interest of States and the
Federal government to continue reviewing EBT projects under standards
that are specific to them.
Finally, one commenter wanted to know whether an APD would need to
be submitted for a project if it unexpectedly exceeds the threshold at
some point during its development or during its life cycle through
enhancements. The proposed rule did not affect existing policy for
underestimated projects. When State officials first realize that a
project under development is likely to exceed the threshold, an APD
should be submitted. After system implementation is complete, future
enhancements during the system life cycle would need prior approval if
their costs will exceed the threshold.
Reviews of Requests for Proposals (RFPs), Contracts and Contract
Amendments--7 CFR 277.18(c)(2)(ii)
The Department proposed to increase thresholds for prior approval
of RFPs and Contracts to $5 million or more for competitive
procurements and to more than $1 million for non-competitive
procurements. The proposed rule also would increase the threshold for
prior Federal approval for contract amendments to those involving cost
increases greater than $1 million or contract time extensions of more
than 120 days. FCS could review Requests for Proposals (RFPs),
contracts and contract amendments under the threshold amounts on an
exception basis or if the procurement was not adequately described in
the APD.
Two commenters recommended that RFPs, contracts and contract
amendments no longer be subject to review. According to one commenter,
Federal review of these documents causes delays, duplicates State
processes and represents Federal micro-management of State projects.
The other commenter recommended elimination of these reviews since RFPs
and contracts would have been already justified by an approved APD.
While the Department substantially increased the thresholds for
submitting these documents, the approval of RFPs, contracts and
contract amendments was not eliminated. The Department is responsible
for ensuring that Federal requirements are met for ADP acquisitions.
Although an approved APD may provide for the eventual release of an RFP
and signing of a contract, these documents are not necessarily
identical in content and legal significance. Prior approval for these
documents will be retained in the final rule. However, the Department
will reexamine these recommendations in upcoming efforts to further
streamline the APD process and reduce State reporting requirements.
Two commenters believe the proposed rule is unclear about when
RFPs, contracts and contract amendments which fall under the thresholds
for submitting these documents will need prior approval. These
commenters thought the rule could require States to submit RFPs,
contracts or contract amendments when the ADP equipment or services
acquisition did not need prior approval of either an APD or the sole
source justification. The proposed rule did not change FCS' ongoing
policy of subjecting these documents to review only if prior approval
of the ADP acquisition was required in accordance with
Sec. 277.18(c)(1). As provided by Sec. 277.18(c)(2)(ii), FCS will
require prior approval of RFPs, contracts and contract amendments only
if prior approval of an APD or the justification for a sole source
procurement was required. Prior approval for RFPs, contracts and
contract amendments under the applicable thresholds would be reviewed
on an exception basis (such as if innovative automation is used) or if
the procurement strategy was not adequately described or justified in
the APD. If approval of these documents is needed, and they are under
the thresholds, FCS will notify States to submit them. No substantive
changes are made to the provisions at Sec. 277.18(c)(2)(ii) (A), (B) or
(C). However, wording in the provisions will be modified in the final
rule to make the language more similar to language in DHHS' rule. The
word ``justified'' is added to (A) and (B) and the word ``described''
is added to part (C).
Prompt Action on Requests for Prior Approval--7 CFR 277.18(c)(5)
Two commenters asked about the meaning of provisional approval,
whether this approval could be withdrawn, and under what circumstances.
One commenter wanted to know whether interest would be charged if a
project was denied funding after it was begun. Provisional approval
permits States to go forward with their automation projects after the
Federal time-limit expires without penalty for not receiving prior
Federal approval. Under previous policy, a project could be denied full
funding if it was begun before Federal approval was received. However,
provisional approval is distinct from formal approval and does not
waive Federal requirements for these acquisitions. FCS' practice has
[[Page 33643]]
been not to establish claims if a State has acted in good faith. In the
event FCS determines that the actions taken by the State are not
approvable, notification in writing is provided, and funding approval
is suspended pending corrective action. The State would be at financial
risk if the State continues to draw funds for these charges after this
notification. A claim would be established for funds drawn after the
suspension and the State would again be notified in writing of the
disallowance for all funds improperly drawn and any interest accrued on
those funds. These charges would not be eligible for reimbursement by
FCS. If FCS determines that the planned project does not meet the
requirements for approval, no further funding would be approved and all
approval action would be terminated.
One commenter was concerned that the date starting the count of the
sixty-day Federal time-limit for responding to State requests is the
date of the Department's acknowledgement letter. This commenter
suggested the Department could delay State projects by delaying the
mailing of the acknowledgement letter. The Department intends to
acknowledge State requests promptly. If State agencies believe
acknowledgement of their requests have been purposely delayed, a
complaint should be filed with the appropriate FCS Regional
Administrator.
APD Update (APDU)--7 CFR 277.18(e)
The Department proposed to raise the reporting threshold for
submitting an annual APD Update (APDU) from $1 million to $5 million.
The threshold for submittal of an APDU as needed was proposed for
increases of $1 million or more. The previous threshold was $300,000 or
10 percent of the project cost, whichever is less.
According to two commenters, the threshold for annual APD updates
is still too low to give their States reporting relief. These
commenters recommended increases to $25 million and $30 million
respectively. One commenter thought this increase was necessary since
EBT projects will increase the amount of annual APD reporting required.
In addition, one commenter thought the threshold for as needed APDUs
should be raised from $1 million or more to $2.5 million or 10 percent,
whichever is more. The Department believes a reasonable threshold
increase for submittal of annual APDUs and the as needed APDUs is
embodied in the proposed regulation. Since the thresholds for APDUs do
not apply to EBT systems, these provisions will not affect annual
reporting for EBT systems. The thresholds for submitting APDUs will
become final as proposed. However, APDU requirements will be reexamined
in upcoming streamlining efforts.
Biennial System Security Reviews--7 CFR 277.18(p)(3)
The proposed rule eliminated the requirement that States submit
summary information about the biennial ADP system security review to
FCS. Instead, States are to retain copies of these reports and other
pertinent supporting documentation for Federal on-site review. One
commenter asked how long the biennial security review report should be
kept by the State, who would be conducting reviews of these materials
and how often they would be reviewed. States should keep a copy of
their latest biennial security review report and pertinent supporting
documentation (such as a summary of findings regarding compliance with
security requirements and the corrective action plan with dated
milestones) on file for Federal review. State record retention
requirements would apply to these documents. FCS or agents acting on
FCS' behalf will examine State security review reports on a periodic
basis, as needed.
Miscellaneous
The Department is making a minor technical change to the section
heading of Sec. 277.18 by replacing the word ``Automatic'' with the
word ``Automated.'' This change is being made to make word usage in the
section heading consistent with word usage in the rule's text.
Implementation--272.1(g)
All provisions in this final rule become effective July 29, 1996.
List of Subjects
7 CFR Part 272
Alaska, Civil rights, Food stamps, Grant programs--social programs,
Reporting and recordkeeping requirements.
7 CFR Part 277
Food stamps, Government procedure, Grant programs--social programs,
Investigations, Records, Reporting and recordkeeping requirements.
Accordingly, 7 CFR parts 272 and 277 are amended as follows:
1. The authority citation for parts 272 and 277 continues to read
as follows:
Authority: 7 U.S.C. 2011-2032
PART 272--REQUIREMENTS FOR PARTICIPATING STATE AGENCIES
2. In Sec. 272.1, a new paragraph (g)(146) is added to read as
follows:
272.1 General terms and conditions.
* * * * *
(g) Implementation. * * *
(146) Amendment No. 368. The provisions of Amendment No. 368 are
effective on July 29, 1996.
PART 277--PAYMENTS OF CERTAIN ADMINISTRATIVE COSTS OF STATE
AGENCIES
3. In Sec. 277.18,
a. The section heading is amended by removing the word
``Automatic'' and adding in its place the word ``Automated'';
b. Paragraph (c)(1) is revised;
c. The second sentence in paragraph (c)(2)(ii)(A) is removed and
two sentences are added in its place;
d. The second sentence in paragraph (c)(2)(ii)(B) is removed and
two sentences are added in its place;
e. The second sentence in paragraph (c)(2)(ii)(C) is removed and
two sentences are added in its place;
f. Paragraph (c)(5) is added;
g. Paragraph (e)(1) is amended by removing the words ``$1 million''
and adding in their place the words ``$5 million'';
h. Paragraph (e)(3)(i) is amended by removing the words ``($300,000
or 10 percent, whichever is less)'' and adding in their place the words
``($1 million or more)'';
i. The third and fourth sentences of paragraph (p)(3) are removed
and one sentence is added in their place. The revision and additions
read as follows:
Sec. 277.18 Establishment of an Automated Data Processing (ADP) and
Information Retrieval System.
* * * * *
(c) General acquisition requirements.--(1) Requirement for prior
FCS approval. A State agency shall obtain prior written approval from
FCS as specified in paragraph (c)(2) of this section when it plans to
acquire ADP equipment or services with proposed FFP that it anticipates
will have total acquisition costs of $5 million or more in Federal and
State funds. This applies to both competitively bid and sole source
acquisitions. A State agency shall also obtain prior written approval
from FCS of its justification for a sole source acquisition when it
plans to acquire ADP equipment or services non-competitively from a
nongovernmental source which has a total State and Federal acquisition
cost of more than $1
[[Page 33644]]
million but no more than $5 million. The State agency shall request
prior FCS approval by submitting the Planning APD, the Implementation
APD or the justification for the sole source acquisition signed by the
appropriate State official to the FCS Regional Office. However, a State
agency shall obtain prior written approval from FCS for the acquisition
of ADP equipment or services to be utilized in an EBT system regardless
of the cost of the acquisition.
(2) Specific prior approval requirements. * * *
(ii) * * *
(A) * * * However, RFPs costing up to $5 million for competitive
procurements and up to $1 million for noncompetitive acquisitions from
non-governmental sources and which are an integral part of the approved
APD need not be submitted to FCS. States will be required to submit
RFPs under this threshold amount on an exception basis or if the
procurement strategy is not adequately described and justified in an
APD. * * *
(B) * * * However, contracts costing up to $5 million for
competitive procurements and up to $1 million for noncompetitive
acquisitions from nongovernmental sources, and which are an integral
part of the approved APD need not be submitted to FCS. States will be
required to submit contracts under this threshold amount on an
exception basis or if the procurement strategy is not adequately
described and justified in an APD. * * *
(C) * * * However, contract amendments involving cost increases of
up to $1 million or time extensions of up to 120 days, and which are an
integral part of the approved APD need not be submitted to FCS. States
will be required to submit contract amendments under these threshold
amounts on an exception basis or if the contract amendment is not
adequately described and justified in an APD. * * *
* * * * *
(5) Prompt action on requests for prior approval. FCS will reply
promptly to State requests for prior approval. If FCS has not provided
written approval, disapproval or a request for additional information
within 60 days of FCS' letter acknowledging receipt of the State's
request, the request will be deemed to have provisionally met the prior
approval requirement in paragraph (c) of this section. However,
provisional approval will not exempt a State from having to meet all
other Federal requirements which pertain to the acquisition of ADP
equipment and services. Such requirements remain subject to Federal
audit and review.
* * * * *
(p) * * *
(3) * * * State agencies shall maintain reports of their biennial
ADP system security reviews, together with pertinent supporting
documentation, for Federal on-site review.
* * * * *
Dated: June 24, 1996.
Ellen Haas,
Under Secretary, Food, Nutrition, and Consumer Services.
[FR Doc. 96-16596 Filed 6-27-96; 8:45 am]
BILLING CODE 3410-30-P
Complete official Federal Register PDF
FR Doc. 96-16593 General Provisions for Domestic Fisheries; Withdrawal of Emergency Fishing Closure in Block Island Sound
[Federal Register Volume 61, Number 126 (Friday, June 28, 1996)]
[Rules and Regulations]
[Pages 33694-33695]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16593]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 620
[Docket No. 960126016-6070-02; I.D. 062196D]
General Provisions for Domestic Fisheries; Withdrawal of
Emergency Fishing Closure in Block Island Sound
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Termination of an emergency interim rule.
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SUMMARY: NMFS terminates the emergency interim rule that closed a
portion of Federal waters off the coast of Rhode Island, in Block
Island Sound subsequent to an oil spill. Effective immediately, fishing
in the previously closed area may resume in accordance with all State
and federal regulations and Fishery Management Plans.
EFFECTIVE DATE: Effective June 25, 1996.
FOR FURTHER INFORMATION CONTACT: Daniel Morris at (508) 281-9388.
SUPPLEMENTARY INFORMATION: On January 19, 1996, an oil barge grounded
and spilled more than 800,000 gallons (3.03 million liters) of heating
oil into the waters of Block Island Sound, RI. On January 26, 1996,
NMFS, at the request of, and in conjunction with, the State of Rhode
Island, prohibited the harvest of seafood from an area of approximately
250 square miles (647 square kilometers(km)) in Block Island Sound. The
original area of closure was announced and defined in an emergency
interim rule published in the Federal Register on February 1, 1996 (61
FR 3602).
Following the oil spill and the initial closure action, State
officials, in consultation with Federal agencies and the responsible
party, developed a protocol for amending and reopening fishery closures
in the affected area. The protocol set sampling, inspection, and
analysis standards, to ensure that seafood harvested from the area
would be wholesome and to provide the basis for amending and reopening
the fishery closures.
On March 13, 1996, based on the findings of seafood inspectors and
at the request of state officials, NMFS opened the entire area to
fishing for and landing of finfish and squid by gear types other than
bottom trawl gear. This same action, published in the Federal Register
on March 19, 1996 (61 FR 11164), expanded by approximately 28 square
miles (72.5 square km), the area in which fishing for and landing
lobsters, clams, and crabs is prohibited. Throughout the expanded
closed area the use of lobster traps, bottom trawl or dredge gear was
prohibited.
On April 9, 1996, the closure was amended further to allow all
fishing to resume, with the exception of lobstering in an area of
approximately 42 square miles (108.8 square km) to the east and north
of Block Island, RI. This action was published in the Federal Register
on April 15, 1996 (61 FR 16401).
On April 24, 1996, testing of lobsters from the portion of the
closed area in the exclusive economic zone (EEZ) determined that oil-
adulteration persisted in some of the samples. Therefore, the state
requested that the closure in the EEZ, which was due to expire on May
1, 1996, be extended. NMFS complied with the state's request and
extended the closure (61 FR 20175, May 6, 1996).
On June 3, 1996, at the request of the state and in response to
seafood inspection results, NMFS reduced the area in the EEZ in which
fishing for lobsters was prohibited (61 FR 27795, June 3, 1996). The
new closure area in the EEZ consisted of approximately 12 square miles
(31 square km) north and northeast of Block Island.
In accordance with the protocol for amending and reopening the
fishery closures, inspection and chemical analysis of the remaining
restricted species and closed areas have been conducted periodically.
During the most recent round of inspection, evidence of oil
adulteration was not discerned in any of the lobster samples.
Therefore, NMFS, at the request of the State of Rhode Island, by this
action, is terminating the interim emergency rule which prohibited
fishing for lobsters in a section of Block Island Sound.
Classification
The Assistant Administrator for Fisheries, NOAA (AA), has
determined that termination of the emergency interim rule is consistent
with the Magnuson Conservation and Management Act and other applicable
law.
[[Page 33695]]
Fishermen who operate in the area would suffer economic hardship
unnecessarily if the current prohibition were to remain in effect.
Hence, the AA finds that the foregoing constitutes good cause to waive
the requirement to provide prior notice and the opportunity for public
comment, pursuant to authority set forth at 5 U.S.C. 553(b)(B), as such
procedures would be contrary to the public interest. Further, as this
provision relieves a restriction, it is made effective immediately
pursuant to authority at 5 U.S.C. 553(d)(1).
This emergency rule has been determined to be not significant for
the purposes of E.O. 12866.
This emergency rule is exempt from the procedures of the Regulatory
Flexibility Act because this rule is not required to be issued with
prior notice and opportunity for public comment.
List of Subjects in 50 CFR Part 620
Fisheries, Fishing.
Dated: June 24, 1996.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 620 is amended
as follows:
PART 620--GENERAL PROVISIONS FOR DOMESTIC FISHERIES
1. The authority citation for part 620 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 620.7, paragraph (m) is removed.
[FR Doc. 96-16593 Filed 6-25-96; 2:10 pm]
BILLING CODE 3510-22-F
Complete official Federal Register PDF
FR Doc. 96-16586 Removal of Outdated Regulations Governing Contractor Compliance With Equal Employment Opportunity Requirements
[Federal Register Volume 61, Number 126 (Friday, June 28, 1996)]
[Rules and Regulations]
[Pages 33673-33674]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16586]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 8
[FRL-5528-8]
Removal of Outdated Regulations Governing Contractor Compliance
With Equal Employment Opportunity Requirements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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[[Page 33674]]
SUMMARY: In 1978, the administration and enforcement responsibility for
contractor compliance with equal employment opportunity was transferred
from contracting agencies like EPA to the Department of Labor, Office
of Federal Contract Compliance Programs. OFCCP promulgated revised
regulations governing contractor compliance with equal employment
opportunity at 41 CFR part 60. Therefore, it is the opinion of EPA,
with the concurrence of OFCCP, that the EPA regulations at 40 CFR part
8 are outdated and no longer necessary.
EFFECTIVE DATE: June 28, 1996.
FOR FURTHER INFORMATION CONTACT: Rodney Cash at (202) 260-4582,
Environmental Protection Agency, 401 M Street, S.W., Washington, D.C.
20460 (Mail Code 1205).
SUPPLEMENTARY INFORMATION:
A. Background
President Clinton has directed each federal agency to determine
which agency regulations can be deleted because they are obsolete,
confusing, or unenforceable. This effort is aimed at making our
regulations easier to understand by removing those which are no longer
necessary. This final rule eliminates an entire part of the CFR which
is now outdated and unnecessary.
The purpose of the EPA regulations at 40 CFR Part 8 was to fulfill
EPA's responsibilities under Executive Order 11246. Executive Order
11246 requires that employers holding covered Federal contracts and
federally assisted construction contracts comply with non-
discrimination and affirmative action requirements to ensure equal
employment opportunities without regard to race, color, religion, sex
or national origin.
The basis for repealing these regulations is that the regulatory
scheme has since been vested in another set of regulations promulgated
by the Office of Contractor Compliance Programs (OFCCP) at the
Department of Labor. EPA, as a contracting agency, formerly had the
responsibility for administration and enforcement of equal employment
opportunity obligations of its contractors. In 1978, however, that
authority was removed from EPA and transferred to OFCCP by Executive
Order 12086. The original EPA regulations only serve to mislead and
confuse the regulated entities and those who might seek redress through
enforcement. For these reasons, EPA is ``housecleaning'' and removing
these outdated, unnecessary regulations from the CFR. The pertinent
regulations governing these contractor compliance issues are now
handled exclusively by OFCCP.
B. Executive Order 12866
This rule is not a significant regulatory action as defined in
Executive Order 12866; therefore, no review is required at the Office
of Information and Regulatory Affairs within OMB.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because this rule does
not propose any information collection requirements which would require
the approval of OMB under 44 U.S.C. 3501, et seq.
D. Regulatory Flexibility Act
This rule does not 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.
E. Unfunded Mandates
This final rule does not impose unfunded mandates on state and
local entities or others. No new compliance mandates would be created
by the removal of these regulations.
List of Subjects in 40 CFR Part 8
Environmental protection.
Dated: June 21, 1996.
Carol M. Browner,
Administrator.
PART 8--[REMOVED]
For the reasons set out in the preamble, under authority of section
201, Executive Order 11246, 30 FR 12319, and 41 CFR 60-1.6(c), EPA is
removing 40 CFR Part 8.
[FR Doc. 96-16586 Filed 6-27-96; 8:45 am]
BILLING CODE 6560-50-P
Complete official Federal Register PDF
FR Doc. 96-16583 Acquisition Regulation; Coverage on Information Resources Management (IRM)
[Federal Register Volume 61, Number 126 (Friday, June 28, 1996)]
[Rules and Regulations]
[Pages 33693-33694]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16583]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
48 CFR Part 1552
[FRL-5525-6]
Acquisition Regulation; Coverage on Information Resources
Management (IRM)
AGENCY: Environmental Protection Agency
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule amends the Environmental Protection Agency
Acquisition Regulation (EPAAR) coverage on Information Resources
Management (IRM) by providing electronic access to EPA IRM policies for
the Agency's contractors. Electronic access is available through the
Internet or a dial-up modem. Agency contractors will be required to
review the Internet or access the dial-up modem when receiving a work
request (i.e. delivery order or work assignment) to ascertain the
applicable IRM policies. The intended effect of this rule is to ensure
that contractors perform IRM related work in accordance with current
EPA policies.
EFFECTIVE DATE: This rule is effective July 15, 1996.
FOR FURTHER INFORMATION CONTACT: Edward N. Chambers at (202) 260-6028.
SUPPLEMENTARY INFORMATION:
A. Background
The required EPA Information Resource Management (IRM) policies are
currently referenced in a clause contained in all Agency solicitations
and contracts. While this clause provides for revised and new
directives through attachments to contracts, because of the rapid
changes in the IRM field, EPA may still be at risk for requiring
compliance with outdated directives. By providing the references and
the full text of all required IRM policies on the Internet, or through
a dial-up modem, EPA will be able to update this information as changes
occur to ensure contractor compliance with current IRM policies. This
effort to provide electronic access is consistent with the Federally
mandated Government Information Locator Service (GILS), a key
initiative of the National Performance Review (NPR).
This regulation was published as a proposed rule in the Federal
Register on July 11, 1995. No comments were received.
Minor edits have been made to clarify the nature and protocols of
the electronic access. While the proposed rule referenced a dial-up
modem bulletin board service (BBS), EPA has subsequently decided that
this mode of electronic access does not qualify as a BBS. Therefore,
the final rule drops the reference to a BBS.
B. Executive Order 12866
This is not a significant regulatory action under Executive Order
12866; therefore, no review is required by the Office of Information
and Regulatory Affairs.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because this rule does
not contain information collection requirements that require the
approval of the Office of Management and Budget (OMB) under 44. U.S.C.
3501, et. seq.
D. Regulatory Flexibility Act
The rule is not expected to have a significant impact on a
substantial number of small entities within the meaning of the
Regulatory Flexibility Act, U.S.C. 601 et seq.
The Internet and dial-up modems are widely available mechanisms to
access information, used commonly in the conduct of business by both
small and large entities. Compliance with this requirement will require
minimal cost or effort for any entity, large or small.
E. 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
expenditures that are far below the level established for UMRA
applicability. Thus, the rule is not subject to the requirements of
section 202 and 205 of the UMRA.
F. Regulated Entities
EPA contractors are entities potentially regulated by this action.
------------------------------------------------------------------------
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 Part 1552
Government Procurement, Specifications, Standards, and other
Purchase Descriptions, Solicitation Provisions and Contract Clauses.
For reasons set out in the preamble, Chapter 15 of Title 48 Code of
Federal Regulations is amended as set forth below:
PART 1552--[AMENDED]
1. The authority citation for 48 CFR Part 1552 continues to read as
follows:
Authority: Section 205(c), 63 Stat. 390, as amended, 40 U.S.C.
486(c).
2. Section 1552.210-79 is amended by revising paragraphs (b), (c),
and (d); and by removing paragraphs (e) and (f) to read as follows:
1552.210-79 Compliance with EPA Policies for Information Resources
Management.
* * * * *
[[Page 33694]]
Compliance With EPA Policies for Information Resources Management (June
1996)
* * * * *
(b) General. The Contractor shall perform any IRM related work
under this contract in accordance with the IRM policies, standards
and procedures set forth in this clause and noted below. Upon
receipt of a work request (i.e. delivery order or work assignment),
the Contractor shall check this listing of directives (see paragraph
(d) for electronic access). The applicable directives for
performance of the work request are those in effect on the date of
issuance of the work request.
(1) IRM Policies, Standards and Procedures. The 2100 Series
(2100-2199) of the Agency's Directive System contains the majority
of the Agency's IRM policies, standards and procedures.
(2) Groundwater Program IRM Requirement. A contractor performing
any work related to collecting Groundwater data; or developing or
enhancing data bases containing Groundwater quality data shall
comply with EPA Order 7500.1A--Minimum Set of Data Elements for
Groundwater.
(3) EPA Computing and Telecommunications Services. The
Enterprise Technology Services Division (ETSD) Operational
Directives Manual contains procedural information about the
operation of the Agency's computing and telecommunications services.
Contractors performing work for the Agency's National Computer
Center or those who are developing systems which will be operating
on the Agency's national platforms must comply with procedures
established in the Manual. (This document is only available through
electronic access.)
(c) Printed Documents. Documents listed in (b)(1) and (b)(2) may
be obtained from: U.S. Environmental Protection Agency Office of
Administration Facilities Management and Services Division
Distribution Section Mail Code: 3204 401 M Street, S.W. Washington,
D.C. 20460 Phone: (202) 260-5797
(d) Electronic access. (1) Internet. A complete listing,
including full text, of documents included in the 2100 Series of the
Agency's Directive System, as well as the two other EPA documents
noted in this clause, is maintained on the EPA Public Access Server
on the Internet. Gopher Access: gopher.epa.gov is the address to
access the EPA Gopher. Select `menu keyword search' from the menu
and search on the term `IRM Policy'. Look for IRM Policy, Standards
and Guidance. World Wide Web Access: http://www.epa.gov is the
address for the EPA's www homepage. From the homepage, search on the
term `IRM Policy' and look for IRM Policy, Standards and Guidance.
(2) Dial-Up Modem. All documents, including the listing, are
available for browsing and electronic download through a dial-up
modem. Dial (919) 558-0335 for access to the menu that contains the
listing for EPA policies. Set the communication parameters to 8 data
bits, no parity, 1 stop bit (8,N,1) Full Duplex, and the emulator to
VT-100. The information is the same whether accessed through dial-up
or the Internet. For technical assistance, call 1-800-334-2405.
(End of Clause)
Dated: June 5, 1996.
Betty L. Bailey,
Director, Office of Acquisition Management.
[FR Doc. 96-16583 Filed 6-27-96; 8:45 am]
BILLING CODE 6560-50-P
Complete official Federal Register PDF
FR Doc. 96-16582 Hazardous Waste Management System; Identification and Listing of Hazardous Waste; Recycled Used Oil Management Standards
[Federal Register Volume 61, Number 126 (Friday, June 28, 1996)]
[Rules and Regulations]
[Pages 33691-33693]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16582]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 279
[FRL-5529-1]
Hazardous Waste Management System; Identification and Listing of
Hazardous Waste; Recycled Used Oil Management Standards
AGENCY: Environmental Protection Agency.
ACTION: Final rule, notice of judicial vacatur of administrative stay.
-----------------------------------------------------------------------
SUMMARY: On January 19, 1996, the United States Court of Appeals for
the District of Columbia Circuit vacated the Environmental Protection
Agency's (EPA) October 30, 1995, administrative stay of part of the
regulatory provision, known as the ``used oil mixture rule', set forth
in 40 CFR 279.10(b)(2). The provisions of the used oil mixture rule at
issue relate to mixtures of used oil destined for recycling and
characteristic hazardous waste (including waste listed as hazardous
because it exhibits a hazardous waste characteristic). This action
clarifies the regulatory status of mixtures of used oil and the
hazardous wastes destined for recycling described above in light of the
Court's vacatur of the administrative stay and eliminates the
explanatory note to 40 CFR 279.10(b)(2) that was included in the notice
of the administrative stay. In addition it notifies the public as to
the provisions of a recent EPA proposal that may affect such mixtures.
EFFECTIVE DATE: June 28, 1996.
ADDRESSES: EPA does not seek comment on this notice, however any data
the public wishes EPA to consider concerning mixtures of used oil and
characteristic hazardous waste should be submitted to the public
docket. Submissions should include the original and two copies, should
reference docket No. F-96-U2SW-FFFFF, and should be addressed to: RCRA
Docket Information Center, Office of Solid Waste (5305W), U.S.
Environmental Protection Agency Headquarters, 401 M Street, SW.,
Washington, DC 20460. Hand deliveries should be made to the RCRA
Information Center (RIC), located at Crystal Gateway I, First Floor,
1235 Jefferson Davis Highway, Arlington, VA. The RIC is open from 9:00
to 4:00, Monday through Friday, except federal holidays. To review
docket materials at the RIC, it is recommended that the public make an
appointment by calling 703 603-9230. The public may copy a maximum of
100 pages from any regulatory docket at no charge. Additional copies
cost $.15 per page.
FOR FURTHER INFORMATION CONTACT: For general information contact the
RCRA Hotline at 800 424-9346 or TDD 800 553-7672 (hearing impaired). In
the Washington D.C. metropolitan area at 703 412-9810 or TDD 703 412-
3323. For more detailed information on specific aspects of this action,
contact Tracy Bone, Office of Solid Waste (5304w), U.S. EPA, D.C.,
20460 at 703 308-8826.
SUPPLEMENTARY INFORMATION:
Background Information
Legal Challenge to the Used Oil Mixture Rule. On September 10,
1992, EPA promulgated regulations pursuant to section 3014(a) of the
Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6935(a),
governing the management of used oil destined for recycling. 57 FR
41566 (September 9, 1992). These regulations are codified at 40 CFR
Part 279. As part of these regulations, EPA promulgated a used oil
mixture rule, 40 CFR 279.10(b), that specifies when mixtures of used
oil destined for recycling and hazardous waste are regulated as used
oil and when they are regulated as hazardous waste. Among other things,
the used oil mixture rule specifies that mixtures of used oil destined
for recycling and characteristic hazardous waste are regulated as a
hazardous waste under Subtitle C of RCRA only if the resultant mixture
exhibits a hazardous waste characteristic. 40 CFR 279.10(b)(2)(I). If
the mixture does not exhibit a hazardous waste characteristic, it is
regulated under the used oil management standards, and the hazardous
waste regulations (including those relating to land-disposal
restrictions (LDRs)) are inapplicable to the mixture. Further, wastes
which are hazardous solely because they exhibit the characteristic of
ignitability may be mixed with used oil and the mixture regulated as
used oil so long as the mixture does not exhibit the characteristic of
ignitability (despite exhibiting any of the other characteristics). 40
CFR 279.10(b)(2)(ii)-(iii). The hazardous waste regulations and LDR
requirements continue to apply to the hazardous waste prior to mixing
with used oil.
Petitions for review challenging EPA's used oil mixture rule
subsequently were filed in the United States Court of Appeals for the
District of Columbia Circuit. Petitioners argued, in relevant part,
that the provision of the management standards which governed mixtures
of recycled used oil and characteristic hazardous waste was
inconsistent with the Court's decision in Chemical Waste Management,
Inc. v. EPA, 976 F.2d 2 (D.C. Cir. 1992), cert. denied, 113 S. Ct. 1961
(1993) (``Chem Waste''). Chem Waste, which was issued two weeks after
the management standards were promulgated, held that EPA could not
allow certain wastes exhibiting the hazardous characteristics of
ignitability, reactivity, or corrosivity to be diluted to eliminate the
characteristic and then be land-disposed unless the hazardous
constituents in the waste were adequately treated to minimize threats
to human health and the environment.
On September 12, 1994, petitioner, Safety-Kleen, and EPA filed a
joint motion requesting the Court to vacate the mixture provision and
remand the issue to EPA. Intervenors in the Safety-Kleen litigation
opposed this motion. On September 15, 1994, the Court remanded the
record in this matter to EPA, stating: ``If the EPA determines that its
rule is invalid, [citation omitted], it can proceed accordingly.''
Order (Sept. 15, 1994) (citing American Tele. & Telegraph Co. v. FCC,
978 F.2d 727, 733 (D.C. Cir. 1992)). The Court did not vacate the
mixture rule.
Administrative Stay of the Used Oil Mixture Rule. In 1995, EPA
issued an order staying the used oil mixture rule. The Agency
determined that a stay was necessary to the effective implementation of
the recycled used oil management program, pending the Agency's
completion of a rulemaking on the issue of whether the used oil mixture
rule should be modified or repealed in light of the Court's decision in
Chem Waste. See 60 FR 55202 (Oct. 30, 1995).
On January 19, 1996, the Court, in ruling on a motion filed by the
intervenors, vacated the Administrative stay. The Court explained that
EPA could not suspend a promulgated rule without notice and comment.
The Court further noted that, if EPA determines that the used oil
mixture rule is invalid, it may be able to rely on the good cause
exception, 5 U.S.C. 553(b), to vacate the rule without notice and
comment rulemaking.
Effect of the Court's Vacatur of the Administrative Stay. The
vacatur of the administrative stay reinstates the used oil mixture rule
found at 40 CFR 279.10(b)(2) as part of the federal used oil management
standards. Accordingly, as a matter of federal RCRA law, the regulated
community may mix certain characteristic hazardous wastes and used oil
to be recycled (e.g., mixtures of solvents compatible with the use of
[[Page 33692]]
used oil as fuel) without triggering LDR requirements. Of course,
whether the used oil mixture rule is in effect in a particular state
depends on whether a state is, or is not, authorized to administer and
enforce the RCRA program. Furthermore, whether a used oil mixture
provision is in effect in an authorized state, depends on whether the
state has adopted such a provision under its state law and whether EPA
has authorized the state to administer and enforce such a provision.
The vacatur of the administrative stay only had an immediate impact
on the RCRA requirements for the regulated community in the states and
territories that did not have an authorized state RCRA program at the
time the administrative stay became effective (e.g., Alaska, Hawaii,
Iowa and Puerto Rico). The vacatur immediately reinstated the federal
used oil mixture rule in these four states and territories, because the
regulated community in these states and territories, in the absence of
an authorized state RCRA program, is subject to the federal RCRA
regulations. The regulated community in these states and territories,
therefore, may continue to manage mixtures of used oil destined for
recycling and characteristic hazardous waste as used oil to the extent
allowed under the federal used oil management standards.
The administrative stay of the federal used oil mixture rule, and
its subsequent vacatur, did not affect the legal obligations of the
regulated community in the forty-nine states and territories with an
authorized state RCRA program, because the regulated community in a
state with an authorized RCRA state program is subject to the
applicable state, not federal, regulations. None of the authorized
states revised their programs to incorporate the stay during the three
weeks that the stay was in effect. Accordingly, after the vacatur of
the stay (as well as at the time that the stay was in effect) the
regulated community in the authorized states remains subject to those
state used oil regulations, including any state used oil mixture
provisions, that were in effect prior to the issuance of the
administrative stay. In those states that are authorized for both the
RCRA program and the used oil mixture rule the regulated community may
continue to rely on the state used oil mixture rule applicable in that
state. In those states that are authorized for the RCRA program but not
for the used oil mixture rule, the regulated community cannot use the
used oil mixture rule until a state obtains authorization for the rule
as part of its RCRA program. States not already authorized for the used
oil mixture rule may wish to consider not seeking such authorization
until the validity of the used mixture rule is determined.
In light of the D.C. Circuit's vacatur of the administrative stay
of the rule, EPA is deleting the explanatory note added to 40 CFR
Section 279.10(b)(2) in the notice of the administrative stay, to
withdraw the notice of the administrative stay. See 60 FR 55202, 55206
(Oct. 30, 1995).
Comparable Fuel Provisions of EPA's Revised Standards for Hazardous
Waste Combustors. On April 19, 1996, the Agency proposed the Hazardous
Waste Combustion Rule in which the discussion of ``Small Business
Considerations'' may be of particular interest to used oil handlers (61
FR 17468). Small businesses may, hypothetically, generate wastes (such
as mineral spirits used to clean automotive parts) that could meet a
comparable fuel specification as a class. In this section the Agency
proposes to consider a petition process through which classes of
generators could document that a specific type of waste is consistently
likely to meet the comparable fuel specification. By promulgating such
a provision, EPA could allow classes of materials from specific small
businesses to be excluded from RCRA jurisdiction without following the
detailed implementation requirements that are associated with waste
stream specific application of the comparable fuels exclusion. Such an
outcome would need to be supported by data reviewed by the authorized
regulatory agency and would be the subject of notice and comment
rulemaking.
If the Agency granted such a petition through rulemaking, such
waste would be classified as inherently comparable fuel. As such, the
generator would not be subject to the proposed implementation
requirements for the comparable fuel exclusion: notification, sampling
and analysis, and record keeping. In addition, such inherently
comparable fuel could be blended, treated, and shipped off-site without
restriction because they had been excluded from regulation as a
hazardous waste. Such comparable fuels could then be mixed with used
oil and burned according to Part 279 without the land disposal
restrictions or other hazardous waste regulations applying.
Regulatory Requirements
A. Regulatory Flexibility Act
This action makes a technical amendment to the CFR, and does not
impose any requirements on regulated entities. Therefore, EPA certifies
that this action will not have a significant impact on a substantial
number of small entities.
B. Executive Order 12866 and the Paperwork Reduction Act
This action is exempt from review by the Office of Management and
Budget under Executive Order 12866. This action does not impose any
reporting or record keeping requirements.
C. Unfunded Mandates
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Pub.
L. 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
one year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements.
Today's technical amendment contains no Federal mandates (under the
regulatory provisions of Title II of the UMRA) for State, local, or
tribal governments or the private sector. Thus, today's rule is not
subject to the requirements of sections 202 and 205 of the UMRA.
[[Page 33693]]
D. Submission to Congress and the General Accounting Office
Under section 801(a)(1)(A) of the Administrative Procedures Act
(APA) as amended by the Small Business Regulatory Enforcement Fairness
Act of 1996, EPA submitted a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives and the Comptroller General of the General Accounting
Office prior to publication of the rule in today's Federal Register.
This rule is not a ``major rule'' as defined by section 804(2) of the
APA as amended.
List of Subjects in 40 CFR Part 279
Environmental protection, Hazardous waste, Recycling, Used oil.
Dated: June 20, 1996.
Elliott Laws,
Assistant Administrator.
For the reasons set out in the preamble, title 40 of the Code of
Federal Regulations is amended as follows:
PART 279--STANDARDS FOR THE MANAGEMENT OF USED OIL
1. The authority citation for part 279 continues to read as
follows:
Authority: Sections 1006, 2002(a), 3001 through 3007, 3010,
3014, and 7004 of the Solid Waste Disposal Act, as amended (42
U.S.C. 6905, 6912(a), 6921 through 6927, 6930, 6934, and 6974); and
Sections 101(37) and 114 of CERCLA (42 U.S.C. 9601(37)
and 9614(c)).
Sec. 279.10 [Amended]
2. Section 279.10 is amended by removing the note immediately after
paragraph (b)(2)(iii).
[FR Doc. 96-16582 Filed 6-27-96; 8:45 am]
BILLING CODE 6560-50-P
Complete official Federal Register PDF
FR Doc. 96-16578 Sheep Promotion, Research, and Information Program
[Federal Register Volume 61, Number 126 (Friday, June 28, 1996)]
[Rules and Regulations]
[Pages 33644-33646]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16578]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1280
[Docket Number LS-96-004]
Sheep Promotion, Research, and Information Program
AGENCY: Agricultural Marketing Service; USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule suspends indefinitely provisions of the Order and
the Certification and Nomination Regulations, and postpones
indefinitely the announced effective date of July 1, 1996, for
assessment collection in the Rules and Regulations, and the assessment
provisions of the Order. The Department of Agriculture (Department)
conducted a review and evaluated the conduct and results of the
February 6, 1996, nationwide sheep referendum. The Department
discovered inconsistencies in the application of the referendum rules,
and this action is the result of the discovery of these
inconsistencies. A second nationwide referendum will be conducted among
eligible sheep producers, sheep feeders, and importers of sheep and
sheep products on a date to be announced by the Department.
EFFECTIVE DATE: This document is effective June 29, 1996.
The effective date of July 1, 1996 for Subpart A, Secs. 1280.224
through 1280.228 in Subpart A, and Subpart B, Secs. 1280.301 through
1280.318 is postponed indefinitely.
Additionally, in Subpart A, Secs. 1280.101 through 1280.126,
Secs. 1280.201 through 1280.223, Secs. 1280.229 through 1280.235 and
Secs. 1280.240 through 1280.246, and Subpart C, Secs. 1280.400 though
1280.414 are suspended indefinitely.
FOR FURTHER INFORMATION CONTACT: Ralph L. Tapp, Chief; Marketing
Programs Branch, Room 2606-S; Livestock and Seed Division, AMS, USDA;
PO Box 96456, Washington, DC 20090-6456. Telephone number 202/720-1115.
SUPPLEMENTARY INFORMATION: Prior documents: Notice--Invitation to
submit proposals published January 4, 1995 (60 FR 381); Proposed Rule--
Sheep and Wool Promotion, Research, Education, and Information Order
published June 2, 1995 (60 FR 28747); Proposed Rule--Procedures for
Conduct of Referendum published August 8, 1995 (60 FR 40313); Notice--
Certification of Organizations for Eligibility to Make Nominations to
the Proposed Board published August 8, 1995 (60 FR 40343); Proposed
Rule--Rules and Regulations published October 3, 1995 (60 FR 51737);
Proposed Rule--Sheep and Wool Promotion, Research, Education, and
Information Order published December 5, 1995 (60 FR 62298); Final Rule
and Referendum Order--Procedures for the Conduct of Referendum
published December 15, 1995 (60 FR 64297); Final Rule--Sheep and Wool
Promotion, Research, Education, and Information Order published May 2,
1996 (61 FR 19514); Final Rule--Rules and Regulations published May 9,
1996, (61 FR 21053); and Final Rule--Certification and Nomination
Procedures published May 9, 1996 (61 FR 21049).
Executive Orders 12866 and 12778 and the Regulatory Flexibility Act and
the Paperwork Reduction Act
This final rule has been determined to be not significant for
purposes of Executive Order 12866 and therefore has not been reviewed
by the Office of Management and Budget (OMB).
This final rule was reviewed under Executive Order 12778, Civil
Justice Reform. It is not intended to have a retroactive effect. This
rule would not preempt any State or local laws, regulations, or
policies unless they present an irreconcilable conflict with this rule.
The Sheep Promotion, Research, and Information Act of 1994 (Act (7
U.S.C. 7101-7111)) provides that any person subject to the Order may
file with the Secretary a petition stating that the Order, any
provision of the Order, or any obligation imposed in connection with
the Order is not in accordance with the law, and requesting a
modification of the Order or an exemption from certain provisions or
obligations of the Order. The petitioner would have the opportunity for
a hearing on the petition. Thereafter the Secretary would issue a
decision on the petition. The Act
[[Page 33645]]
provides that the district court of the United States in the district
in which the petitioner resides or carries on business has jurisdiction
to review the Secretary's decision, if the petitioner files a complaint
for that purpose not later than 20 days after the date of the entry of
the decision. The petitioner must exhaust his or her administrative
remedies before filing such a complaint in the district court.
The information collection requirements contained in the provisions
of the Order and the Rules and Regulations have been previously
approved by OMB under OMB control number 0581-0093.
Pursuant to requirements set forth in the Regulatory Flexibility
Act (RFA)(5 U.S.C. 601 et seq.), the Agricultural Marketing Service
(AMS) has considered the economic impact of this final action on small
entities.
The purpose of RFA is to fit regulatory actions to the scale of the
businesses that are subject to such actions so that small businesses
would not be unduly or disproportionately burdened.
According to the January 27, 1995, issue of ``Sheep and Goats,''
published by the Department's National Agricultural Statistics Service,
there are approximately 87,350 sheep operations in the United States,
nearly all of which would be classified as small businesses under the
criteria established by the Small Business Administration (13 CFR
Sec. 121.601). Additionally, there are approximately 9,000 importers of
sheep and sheep products, nearly all of which would be classified as
small businesses.
The final Order would require that each person who makes payment to
a sheep producer, feeder, or handler of sheep or sheep products will be
a collecting person, and is to collect an assessment from that sheep
producer, feeder, or handler of sheep or sheep products. Any person who
buys domestic live sheep or greasy wool for processing would also
collect the assessment and remit it to the Board. Each person who
processes or causes to be processed sheep or sheep products of that
person's own production and who markets the processed products would
pay an assessment and remit the assessment to the National Sheep
Promotion, Research, and Information Board (Board). Any person who
exports live sheep or greasy wool would be required to remit an
assessment to the Board. Finally, each person who imports into the
United States sheep, sheep products, wool, or wool products, other than
raw wool, would pay an assessment. The U.S. Customs Service (Customs)
would collect the assessments on imported sheep and sheep products
(except raw wool) and forward them to AMS for disbursement to the
Board.
The rate of assessment on domestic sheep producers, feeders, and
exporters of live sheep and greasy wool would be 1 cent per pound on
live sheep sold and 2 cents per pound on greasy wool sold. Importers
would be assessed 1 cent per pound on live sheep and the equivalent of
1 cent per pound of live sheep for sheep products and 2 cents per pound
of degreased wool or the equivalent of degreased wool for wool and wool
products. Imported raw wool would be exempt from assessments. Each
person who processes or causes to be processed sheep or sheep products
of that person's own production and markets the processed products
would be assessed the equivalent of 1 cent per pound of live sheep sold
and 2 cents per pound of greasy wool sold. All assessment rates could
be adjusted in accordance with the applicable provisions of the Act.
This action suspends or postpones the effective date of these
provisions. Therefore, except for the referendum rules, the imposition
of program requirements, including collection of assessments and
reporting and recordkeeping requirements, will be either suspended or
postponed. A second nationwide referendum will be conducted among
eligible sheep producers, sheep feeders, and importers of sheep and
sheep products on a date to be announced by the Department.
Accordingly, AMS has determined that this action will not have a
significant economic impact on a substantial number of small entities.
Background
The Act, enacted October 22, 1994, authorizes the Secretary to
establish a national sheep and wool promotion, research, education, and
information program. The program would be funded by a mandatory
assessment on domestic sheep producers, sheep feeders, and exporters of
live sheep and greasy wool of 1 cent per pound on live sheep sold and 2
cents per pound on greasy wool sold. Importers would be assessed 1 cent
per pound on live sheep imported and the equivalent of 1 cent per pound
of live sheep for sheep products imported and 2 cents per pound of
degreased wool or the equivalent of degreased wool for wool and wool
products imported. Imported raw wool would be exempt from assessments.
Each person who processes or causes to be processed sheep or sheep
products of that person's own production, and who markets the processed
products, would be assessed the equivalent of 1 cent per pound of live
sheep sold and 2 cents per pound of greasy wool sold. All assessment
rates may be adjusted in accordance with applicable provisions of the
Act.
AMS published the final Order (61 FR 19514) on May 2, 1996, to
implement a national sheep and wool, promotion, research, education,
and information program designed to strengthen the position of sheep
and sheep products in the marketplace, as provided for under the Act.
The effective date of the Order was May 3, 1996, except that the
collection and remittance sections of the Order--Sec. 1280.224-
Sec. 1280.228--were scheduled to become effective on July 1, 1996. The
final Rules and Regulations (61 FR 21053), which set forth the
collection and remittance procedures to be used beginning July 1, 1996,
and the Certification and Nomination procedures (61 FR 21049; effective
May 10, 1996), which outline the eligibility criteria and the
nomination process used to obtain nominations for appointment to the
Board, which would administer the program, were both published on May
9, 1996.
As required by the Act, the Department conducted an up-front
referendum among eligible domestic sheep producers and sheep feeders,
as well as importers of sheep and sheep products, to determine if the
Order, which was the subject of the referendum, would become
operational. To become effective, the Order had to be approved either
by a majority of producers, feeders, and importers voting in the
referendum, or by voters who accounted for at least two-thirds of the
production represented by persons voting in the referendum. Of the
19,801 valid ballots cast in the February 6, 1996, referendum, 10,707
(54 percent) favored implementation of the Order and 9,094 (46 percent)
opposed implementation of the Order. Although the 54 percent who
approved the Order accounted for only 40 percent of the sheep voted,
the majority vote was sufficient to implement the Order. Steps to
implement the Order were carried out.
After the referendum was held; however, the Department received a
substantial number of voter complaints about alleged inconsistencies in
the application of the referendum rules in conducting the referendum.
The Department initiated a review of these allegations. Based on
findings in the ongoing review, which revealed that the referendum
rules were in fact applied inconsistently, the Department is suspending
indefinitely provisions of the Order and the Certification and
Nomination Regulations, and is
[[Page 33646]]
postponing indefinitely the original July 1, 1996, effective date for
the Order provisions and the Rules and Regulations concerning the
collection and remittance of assessments. Also, the Department plans to
conduct a second nationwide referendum among eligible producers,
feeders, and importers on a date to be announced.
It is also found and determined upon good cause that it is
impracticable, unnecessary, and contrary to the public interest to give
preliminary notice or to engage in further public procedure prior to
putting this action into effect, and that good cause exists for not
postponing the effective date of this action until 30 days after
publication, because: (1) producers, feeders, importers of sheep and
sheep products, and other collecting persons are aware of this action
because it was announced in a press release issued by the Secretary on
May 17, 1996; (2) this action postpones the imposition of regulatory
requirements on producers, feeders, and importers by suspending the
provisions of the Order and the certification and nomination
procedures, and by postponing indefinitely the effective date for the
Order provisions and the Rules and Regulations for the collection and
remittance of assessments; and (3) no useful purpose would be served by
delaying this action.
Therefore, (1) the effective date of July 1, 1996, for the Rules
and Regulations governing the assessment collection and remittance
procedures, published on May 9, 1996, at 61 FR 21053, and for
Sec. 1280.224-Sec. 1280.228 of the Order published on May 2, 1996, at
61 FR 19514, is postponed indefinitely, and (2) all sections of the
Order, except Sec. 1280.224-Sec. 1280.228, published on May 2, 1996, at
61 FR 19514, and all sections of the Certification and Nomination
Regulations published on May 9, 1996, at 61 FR 21049 are being
suspended indefinitely.
List of Subjects in 7 CFR Part 1280
Administrative practice and procedure, Advertising, Agricultural
research, Marketing agreements, Sheep and sheep products, Reporting and
recordkeeping requirements.
For the reasons set forth in the preamble, 7 CFR Part 1280 is
amended as follows:
PART 1280--SHEEP PROMOTION, RESEARCH, AND INFORMATION
1. The authority citation for Part 1280 continues to read as
follows:
Authority: 7 U.S.C. 7101-7111.
2. In part 1280:
(A) The effective date of July 1, 1996 for Sec. Sec. 1280.224
through 1280.228 in Subpart A, is postponed indefinitely, and in
Subpart A, Sec. 1280.101 through Sec. 1280.126, Sec. Sec. 1280.201
through 1280.223, Sec. Sec. 1280.229 through 1280.235 and
Sec. Sec. 1280.240 through 1280.246, is suspended indefinitely;
(B) The effective date of July 1, 1996 for Subpart B,
Sec. Sec. 1280.301 through 1280.318, is postponed indefinitely; and
(C) Subpart C, Sec. Sec. 1280.400 through 1280.414, is suspended
indefinitely.
Dated: June 25, 1996.
James R. Baker,
Acting Assistant Secretary, Marketing and Regulatory Programs.
[FR Doc. 96-16578 Filed 6-27-96; 8:45 am]
BILLING CODE 3410-02-P
Complete official Federal Register PDF
FR Doc. 96-16540 Land Disposal Restrictions Phase IIIDecharacterized Wastewaters, Carbamate Wastes, and Spent Potliners
[Federal Register Volume 61, Number 126 (Friday, June 28, 1996)]
[Rules and Regulations]
[Pages 33680-33691]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16540]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 148 and 268
[EPA # F-96-PH3F-FFFFF; FRL-5528-1]
RIN 2050-AD38
Land Disposal Restrictions Phase III--Decharacterized
Wastewaters, Carbamate Wastes, and Spent Potliners
AGENCY: Environmental Protection Agency (EPA).
ACTION: Technical correction.
-----------------------------------------------------------------------
SUMMARY: On April 8, 1996, EPA published regulations covering both
congressionally-mandated and court-ordered prohibitions on land
disposal of certain hazardous wastes. On the same day, EPA published a
partial withdrawal and correction of those regulations to the extent
the Land Disposal Program Flexibility Act (LDPFA) (signed by the
President on March 26, 1996) revoked most of the court-ordered
prohibitions. This notice corrects technical errors in the final
regulations and the partial withdrawal notice.
EFFECTIVE DATE: This rule is effective on June 28, 1996.
ADDRESSES: Supporting materials are available for viewing in the RCRA
Information Center (RIC), located at Crystal Gateway One, 1235
Jefferson Davis Highway, First Floor, Arlington, VA. The Docket
Identification Number is F-96-PH3F-FFFFF. The RCRA Docket is open from
9 a.m. to 4 p.m. Monday through Friday, except for Federal holidays.
The public must make an appointment to review docket materials by
calling (703) 603-9230. The public may copy a maximum of 100 pages from
any regulatory document at no cost. Additional copies cost $0.15 per
page.
FOR FURTHER INFORMATION CONTACT: For general information contact the
RCRA Hotline at (800) 424-9346 (toll free) or (703) 920-9810 in the
Washington, DC metropolitan area. For information on this notice
contact Michael Petruska (5302W), Office of Solid Waste, 401 M Street,
S.W., Washington, DC 20460, (703) 308-8434.
SUPPLEMENTARY INFORMATION:
I. Reasons and Basis for Today's Amendment
The Agency has received comments from the regulated community and
State agencies requesting clarification on certain aspects of the April
8, 1996 Land Disposal Restrictions (LDR) Phase III final rule (61 FR
15566) and the April 8, 1996 withdrawal notice (61 FR 15660). Today's
amendment responds to these comments and makes technical corrections
where appropriate.
II. Amendments to the LDR Phase III Final Rule
There were several errors in the treatment standard table in
Sec. 268.40, and in the table of Universal Treatment Standards (UTS) in
Sec. 268.48. The errors pertained to portions of the final rule which
were not affected by the LDPFA. It should be noted that certain errors
in both of these tables are not being corrected here as they are being
corrected by the Office of Federal Register.
A. Section 268.40 Table
There were several errors in the table ``Treatment Standards for
Hazardous
[[Page 33681]]
Waste'' in section 268.40. First, the waste codes for the proposed
organobromine wastes--K140 and U404--inadvertently appeared in the
table. As was explained in the preamble to the final rule (61 FR 15566,
15569, April 8, 1996), however, the Agency is not promulgating
treatment standards for these wastes at this time since the listing of
these wastes as hazardous has not been finalized. Today's notice
removes these entries from the table.
Second, the treatment standards set out in the table for the
carbamate wastes were incorrect. These entries reflected the waste
codes and constituents in the proposed listing instead of the waste
codes and constituents in the finalized listing (60 FR 7824, February
9, 1995). These entries also are being corrected in today's notice.
Third, the entries for F006, F007, F010, F037, F039, K006, and K062
included treatment standards for constituents for which previously
there was no standard (``NA'' had appeared instead). The proposed rule
had included treatment standards to replace all of the ``NA'' entries
in the table. However, as was explained in the preamble to the final
rule (61 FR at 15569), the Agency agreed with commenters who felt it
was arbitrary to add a standard for the sake of completeness where
previously there was none, and, therefore, the Agency did not finalize
the proposed changes. However, EPA inadvertently continued to include
the standard for these waste codes in the final rule. Today's notice
restores the ``NA'' entries.
B. Section 268.48 Table
The wastewater treatment standards for A2213, Butylate, Cycloate,
EPTC, Molinate, Pebulate, Prosulfocarb, Triallate, and Vernolate
appeared in the table of UTS as 0.003, although the preamble gave the
correct standard as 0.042 (61 FR 15584). Today's notice corrects the
UTS table.
III. Amendments to the LDR Phase III Withdrawal Notice
There are four sections in the withdrawal notice that need
correction/clarification--Secs. 148.1, 268.1, 268.3, and 268.40.
A. Section 148.1
The Agency today is amending the language in Sec. 148.1(d) to more
accurately reflect the recently enacted LDPFA. The revised language
clarifies that decharacterized wastes injected in any Class I injection
well--either hazardous or nonhazardous--are not prohibited wastes, and,
therefore, are not subject to the Land Disposal Restrictions (LDR)
treatment standards. This result was alluded to in the April 8, 1996
withdrawal notice (61 FR 15661), but the Agency believes it is
appropriate to further make it clear that both hazardous and
nonhazardous Class I wells are excepted, as provided in the text of the
legislation.
B. Section 268.1
The Agency also is amending the language in Sec. 268.1(c) to mirror
the amended language in Sec. 148.1(d) described above. We also are
clarifying that decharacterized wastewaters managed in Clean Water Act
(CWA) or equivalent systems with land disposal units are not prohibited
wastes, and, thus, are not subject to LDR treatment standards. As
provided in the legislation, the decharacterized wastes managed in CWA
or CWA-equivalent systems which remain prohibited are those that have a
specified ``method of treatment'' for a treatment standard, or are
reactive cyanide wastes. This clarification was also alluded to in the
April 8, 1996 withdrawal notice (61 FR 15661).
C. Section 268.3
The Agency is today amending the dilution prohibition language in
Sec. 268.3(b) to clarify that the treatment method of deactivation
(DEACT) is not considered a specified method of treatment for the
purposes of that section. This change merely codifies existing Agency
interpretation (see preamble discussion at 55 FR 22666, June 1, 1990;
and 57 FR 8087-8088, March 6, 1992).
D. Section 268.40
As discussed in A. and B. of this section, decharacterized wastes
managed in CWA or CWA-equivalent systems (with land disposal units
receiving the decharacterized waste) are no longer prohibited wastes,
with the exception of characteristic wastes that have a specified
method as a treatment standard and reactive cyanide. All
decharacterized wastes injected into Class I wells also are no longer
prohibited wastes.
In the rush of preparing a notice to reflect the new legislation as
quickly as possible, EPA inadvertently failed to remove the numerical
standards for these categories of wastes and replace them with the
characteristic level (61 FR at 15664-15668). Therefore, the treatment
standards in the April 8 withdrawal notice for these wastes were in
error. For instance, the wastewater treatment standard for benzene in
D018 wastes that are managed in CWA, CWA equivalent, or Class I
injection wells was given as 0.14 mg/l. In fact, a D018 wastewater
managed in one of these systems need only meet the regulatory level of
0.5 mg/l to be rendered nonhazardous (i.e. decharacterized) and, hence,
no longer prohibited. Today's notice corrects this mistake by removing
that category from the table of Treatment Standards for Hazardous
Wastes, and indicating via a footnote that these wastes, once
decharacterized, are no longer subject to LDR treatment standards.
The Agency wishes to clarify further that these non-LDR wastes also
are not subject to the LDR notification and certification requirements
of Sec. 268.7 and Sec. 268.9.
IV. Clarification to the Phase III Withdrawal Notice
Under RCRA regulations in effect before the LDPFA, wastes that are
listed solely because they exhibit a hazardous characteristic are not
prohibited from land disposal if they are managed in CWA, CWA-
equivalent, or Class I injection well systems and are no longer
hazardous at the point of land disposal. Id.; see also the codification
of this principle at 40 CFR 261.3(a)(2)(iii) and 57 FR at 37210-211
(August 18, 1992). (The exception is for listed wastes that are subject
to a method of treatment; these wastes cannot be disposed of in CWA or
equivalent systems. See 55 FR at 22656, 22657 (general principle in
Third Third final rule that characteristic wastes subject to a method
of treatment remain subject to dilution prohibition even when managed
in CWA treatment systems) and 57 FR 37210 (same principle should apply
to wastes listed solely because they exhibit a characteristic).
In the April 8, 1996 withdrawal notice, EPA stated that it would
not, at least for the time being, reopen those land disposal
restriction rules applicable to wastes listed solely because they
exhibit a hazardous waste characteristic (e.g. U002 commercial chemical
product acetone). See 61 FR at 15661-62. This is because the new
legislation does not directly apply to such wastes. Id.
EPA is taking this opportunity to clarify that the existing rules
on wastes listed solely because they exhibit a characteristic apply to
all wastes, regardless of whether they are wastewaters or non-
wastewaters, so long as they are managed in the prescribed types of
wastewater management systems. Notwithstanding unclear language in the
August, 1992 preamble cited above, what the Agency intended to do was
to put wastes listed solely because they exhibit a characteristic on
[[Page 33682]]
the same footing vis-a-vis the dilution prohibition as the
characteristic wastes covered by the Third Third rule. 57 FR at 37210.
Under that Third Third rule, most characteristic wastes (whether or not
they were in the wastewater or nonwastewater treatability group) could
be permissibly be managed in CWA systems and Class I UIC injection
wells so long as they were rendered non-hazardous by any means before
being placed in a land disposal unit (i.e. surface impoundment or Class
I injection well). 55 FR at 22656-658 (June 1, 1990). EPA is formally
clarifying this point by means of today's preamble discussion.
V. Rationale for Immediate Effective Date
Today's notice does not create any new regulatory requirements;
rather, it restates and clarifies requirements already in effect (by
virtue of the new legislation) by correcting a number of errors in the
April 8, 1996 final rule and withdrawal notice. For these reasons, EPA
finds that good cause exists under section 3010(b)(3) of RCRA, 42
U.S.C. 9903(b)(3), to provide for an immediate effective date. See
generally 61 FR at 15662. For the same reasons, EPA finds that there is
good cause under 5 U.S.C. 553(b)(3) to promulgate today's corrections
in final form and that there is good cause under 5 U.S.C. 553(b)(3) to
waive the requirement that regulations be published at least 30 days
before they become effective.
VI. Analysis Under Executive Order 12866, the Unfunded Mandates Reform
Act of 1995, the Regulatory Flexibility Act, and the Paperwork
Reduction Act
This technical correction does not create any new regulatory
requirements. It merely corrects technical errors and clarifies
requirements already in effect (by virtue of the new legislation) and
therefore is not a ``significant'' regulatory action within the meaning
of Executive Order 12866, and does not impose any Federal mandate on
State, local, or tribal governments or the private sector within the
meaning of the Unfunded Mandates Reform Act of 1995. For the same
reasons, pursuant to the Regulatory Flexibility Act, I certify that
this action would not have a significant impact on a substantial number
of small entities. Finally, because this is a technical correction, it
does not affect requirements under the Paperwork Reduction Act.
VII. Submission to Congress and the General Accounting Office
Under section 801(a)(1)(A) of the Administrative Procedure Act
(APA) as amended by the Small Business Regulatory Enforcement Fairness
Act of 1996, EPA submitted a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives and the Comptroller General of the General Accounting
Office prior to publication of the rule in today's Federal Register.
This rule is not a ``major rule'' as defined by section 804(2) of the
APA as amended.
List of Subjects
40 CFR Part 148
Environmental protection, Administrative practice and procedure,
Hazardous waste, Reporting and recordkeeping requirements, Water
supply.
40 CFR Part 268
Hazardous waste, Reporting and recordkeeping requirements.
Dated: June 21, 1996.
Elliott Laws,
Assistant Administrator, Office of Solid Waste and Emergency Response.
For the reasons set forth in the preamble, title 40, chapter I of
the Code of Federal Regulations is amended as follows:
PART 148--HAZARDOUS WASTE INJECTION RESTRICTIONS
1. The authority citation for part 148 continues to read as
follows:
Authority: Secs. 3004, Resource Conservation and Recovery Act,
42 U.S.C. 6901, et seq.
2. Section 148.1 is amended by revising paragraph (d) to read as
follows:
Sec. 148.1 Purpose, scope and applicability.
* * * * *
(d) Wastes that are hazardous only because they exhibit a hazardous
characteristic, and which are otherwise prohibited under this part, or
part 268 of this chapter, are not prohibited if the wastes:
(1) Are disposed into a nonhazardous or hazardous injection well as
defined under 40 CFR Sec. 146.6(a); and
(2) Do not exhibit any prohibited characteristic of hazardous waste
identified in 40 CFR part 261, subpart C at the point of injection.
PART 268--LAND DISPOSAL RESTRICTIONS
3. The authority citation for part 268 continues to read as
follows:
Authority: 42 U.S.C. 6905, 6912(a), 6921, and 6924.
Subpart A--General
4. In section 268.1, paragraph (c) is amended by adding paragraphs
(3) and (4) to read as follows:
Sec. 268.1 Purpose, scope and applicability.
* * * * *
(c) * * *
(3) Wastes that are hazardous only because they exhibit a hazardous
characteristic, and which are otherwise prohibited under this part, or
part 148 of this chapter, are not prohibited if the wastes:
(i) Are disposed into a nonhazardous or hazardous injection well as
defined under 40 CFR 146.6(a); and
(ii) Do not exhibit any prohibited characteristic of hazardous
waste identified in 40 CFR part 261, subpart C at the point of
injection.
(4) Wastes that are hazardous only because they exhibit a hazardous
characteristic, and which are otherwise prohibited under this part, are
not prohibited if the wastes meet any of the following criteria, unless
the wastes are subject to a specified method of treatment other than
DEACT in Sec. 268.40, or are D003 reactive cyanide:
(i) The wastes are managed in a treatment system which subsequently
discharges to waters of the U.S. pursuant to a permit issued under
section 402 of the Clean Water Act; or
(ii) The wastes are treated for purposes of the pretreatment
requirements of section 307 of the Clean Water Act; or
(iii) The wastes are managed in a zero discharge system engaged in
Clean Water Act-equivalent treatment as defined in Sec. 268.37(a); and
(iv) The wastes no longer exhibit a prohibited characteristic at
the point of land disposal (i.e., placement in a surface impoundment).
* * * * *
5. Section 268.2 is amended by revising paragraph (j) to read as
follows:
Sec. 268.2 Definitions applicable in this part.
* * * * *
(j) Inorganic metal-bearing waste is one for which EPA has
established treatment standards for metal hazardous constituents, and
which does not otherwise contain significant organic or cyanide content
as described in Sec. 268.3(c)(1), and is specifically listed in
appendix XI of this part.
* * * * *
6. Section 268.3 is amended by revising paragraph (b) to read as
follows:
Sec. 268.3 Dilution prohibited as a substitute for treatment.
* * * * *
[[Page 33683]]
(b) Dilution of wastes that are hazardous only because they exhibit
a characteristic in treatment systems which include land- based units
which treat wastes subsequently discharged to a water of the United
States pursuant to a permit issued under section 402 of the Clean Water
Act (CWA), or which treat wastes in a CWA-equivalent treatment system,
or which treat wastes for the purposes of pretreatment requirements
under section 307 of the CWA is not impermissible dilution for purposes
of this section unless a method other than DEACT has been specified in
Sec. 268.40 as the treatment standard, or unless the waste is a D003
reactive cyanide wastewater or nonwastewater.
* * * * *
7. Section 268.39 is amended by revising paragraph (e) to read as
follows:
Sec. 268.39 Waste specific prohibitions--spent aluminum potliners;
reactive; and carbamate wastes.
* * * * *
(e) Between July 8, 1996, and April 8, 1998, the wastes included in
paragraphs (a), (c), and (d) of this section may be disposed in a
landfill or surface impoundment, only if such unit is in compliance
with the requirements specified in Sec. 268.5(h)(2).
* * * * *
8. Section 268.40 is amended by revising the first sentence of
paragraph (a), and paragraph (e) to read as follows:
Sec. 268.40 Applicability of treatment standards.
(a) A prohibited waste identified in the table ``Treatment
Standards for Hazardous Wastes'' may be land disposed only if it meets
the requirements found in the table. * * *
* * * * *
(e) For characteristic wastes (D001-D003, and D012-D043) that are
subject to treatment standards in the following table ``Treatment
Standards for Hazardous Wastes,'' all underlying hazardous constituents
(as defined in Sec. 268.2(i)) must meet Universal Treatment Standards,
found in Sec. 268.48, ``Table UTS,'' prior to land disposal as defined
in Sec. 268.2(c) of this part.
* * * * *
Sec. 268.40 [Amended]
9. In Sec. 268.40, the table at the end of the section is amended
by removing the entries for K140, P187, P193, P195, P200, U360-U363,
U368-U371, U374, U380, U388, U397-U399, U405, U406, and U408; and by
revising the entries for D001-D003, D012-D043, F006, F007, F010, F037,
F039, K006, K008, K062, K108, K156-K161, P093, P196, P202, U277, U365,
U366, U375-U379, U381-U387, U389-U396, U400-U404, and U407; and by
adding the entries for U278, U409, U410, and U411; and by adding
footnotes 8 and 9 to read as follows:
* * * * *
Treatment Standards for Hazardous Wastes
[Note: NA means not applicable]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Regulated hazardous constituent Nonwastewaters
Waste description and ----------------------------------------------------- Wastewaters (Concentration in (Concentration in mg/kg \5\
Waste code treatment/regulatory mg/l \3\, or technology code unless noted as ``mg/l
subcategory \1\ Common name CAS \2\ No. \4\) TCLP''; or technology code)
--------------------------------------------------------------------------------------------------------------------------------------------------------
D001 Ignitable Characteristic NA........................... NA DEACT and meet Sec. 268.48 DEACT and meet Sec. 268.48
Wastes, except for the standards;\8\ or RORGS;\9\ standards;\8\ or RORGS;\9\
Sec. 261.21(a)(1) High or CMBST \9\. or CMBST.\9\
TOC Subcategory.
High TOC Ignitable NA........................... NA NA........................... RORGS;\9\ or CMBST.\9\
Characteristic Liquids
Subcategory based on 40
CFR 261.21(a)(1)--
Greater than or equal
to 10% total organic
carbon. (Note: This
subcategory consists of
nonwastewaters only).
D002 Corrosive Characteristic NA........................... NA DEACT and meet Sec. 268.48 DEACT and meet Sec. 268.48
Wastes. standards \8\. standards \8\
* * * * * * *
D003 Reactive Sulfides NA........................... NA DEACT and meet Sec. 268.48 DEACT and meet Sec. 268.48
Subcategory based on standards \8\. standards.\8\
261.23(a)(5).
Explosives Subcategory NA........................... NA DEACT and meet Sec. 268.48 DEACT and meet Sec. 268.48
based on 261.23(a)(6), standards \8\. standards.\8\
(7), and (8).
Unexploded ordnance and NA........................... NA DEACT........................ DEACT
other explosive devices
which have been the
subject of an emergency
response.
Other Reactives NA........................... NA DEACT and meet Sec. 268.48 DEACT and meet Sec. 268.48
Subcategory based on standards \8\. standards.\8\
261.23(a)(1).
Water Reactive NA........................... NA NA........................... DEACT and meet Sec. 268.48
Subcategory based on standards.\8\
261.23(a)(2),(3), and
(4). (Note: This
subcategory consists of
nonwastewaters only).
Reactive Cyanides Cyanides (Total) \7\......... 57-12-5 Reserved..................... 590.\9\
Subcategory based on
261.23(a)(5).
Cyanides (Amenable)\7\....... 57-12-5 0.86\9\...................... 30.\9\
[[Page 33684]]
* * * * * * *
D012 Wastes that are TC for Endrin....................... 72-20-8 BIODG;\9\ or CMBST \9\....... 0.13 and meet Sec. 268.48
Endrin based on the standards.\8\
TCLP in SW846 Method
1311.
Endrin aldehyde.............. 7421-93-4 BIODG;\9\ or CMBST \9\....... 0.13 and meet Sec. 268.48
standards \8\
D013 Wastes that are TC for alpha-BHC.................... 319-84-6 CARBN;\9\ or CMBST \9\....... 0.066 and meet Sec. 268.48
Lindane based on the standards \8\
TCLP in SW846 Method
1311.
beta-BHC..................... 319-85-7 CARBN;\9\ or CMBST \9\....... 0.066 and meet Sec. 268.48
standards \8\
delta-BHC.................... 319-86-8 CARBN;\9\ or CMBST \9\....... 0.066 and meet Sec. 268.48
standards \8\
gamma-BHC (Lindane).......... 58-89-9 CARBN;\9\ or CMBST \9\....... 0.066 and meet Sec. 268.48
standards \8\
D014 Wastes that are TC for Methoxychlor................. 72-43-5 WETOX \9\ or CMBST \9\....... 0.18 and meet Sec. 268.48
Methoxychlor based on standards \8\
the TCLP in SW846
Method 1311.
D015 Wastes that are TC for Toxaphene.................... 8001-35-2 BIODG \9\ or CMBST \9\....... 2.6 and meet Sec. 268.48
Toxaphene based on the standards \8\
TCLP in SW846 Method
1311.
D0l6 Wastes that are TC for 2,4-D(2,4- 94-75-7 CHOXD;\9\ BIODG;\9\ or CMBST 10 and meet Sec. 268.48
2,4-D(2,4- Dichlorophenoxyacetic acid). \9\. standards \8\
Dichlorophenoxyacetic
acid) based on the TCLP
in SW846 Method 1311.
D017 Wastes that are TC for 2,4,5-TP(Silvex)............. 93-72-1 CHOXD \9\ or CMBST \9\....... 7.9 and meet Sec. 268.48
2,4,5-TP (Silvex) based standards \8\
on the TCLP in SW846
Method 1311.
D018 Wastes that are TC for Benzene...................... 71-43-2 0.14 and meet Sec. 268.48 10 and meet Sec. 268.48
Benzene based on the standards \8\. standards \8\
TCLP in SW846 Method
1311.
D019 Wastes that are TC for Carbon tetrachloride......... 56-23-5 0.057 and meet Sec. 268.48 6.0 and meet Sec. 268.48
Carbon tetrachloride standards \8\. standards \8\
based on the TCLP in
SW846 Method 1311.
D020 Wastes that are TC for Chlordane (alpha and gamma 57-74-9 0.0033 and meet Sec. 268.48 0.26 and meet Sec. 268.48
Chlordane based on the isomers). standards \8\. standards \8\
TCLP in SW846 Method
1311.
D021 Wastes that are TC for Chlorobenzene................ 108-90-7 0.057 and meet Sec. 268.48 6.0 and meet Sec. 268.48
Chlorobenzene based on standards8. standards.8
the TCLP in SW846
Method 1311.
D022 Wastes that are TC for Chloroform................... 67-66-3 0.046 and meet Sec. 268.48 6.0 and meet Sec. 268.48
Chloroform based on the standards8. standards.8
TCLP in SW846 Method
1311.
D023 Wastes that are TC for o- o-Cresol..................... 95-48-7 0.11 and meet Sec. 268.48 5.6 and meet Sec. 268.48
Cresol based on the standards8. standards.8
TCLP in SW846 Method
1311.
D024 Wastes that are TC for m- M-Cresol (difficult to 108-39-4 0.77 and meet Sec. 268.48 5.6 and meet Sec. 268.48
Cresol based on the distinguish from p-cresol). standards8. standards.8
TCLP in SW846 Method
1311.
D025 Wastes that are TC for p- p-Cresol (difficult to 106-44-5 0.77 and meet Sec. 268.48 5.6 and meet Sec. 268.48
Cresol based on the distinguish from m-cresol). standards8. standards.8
TCLP in SW846 Method
1311.
D026 Wastes that are TC for Cresol-mixed isomers 1319-77-3 0.88 and meet Sec. 268.48 11.2 and meet Sec. 268.48
Cresols (Total) based (Cresylic acid) (sum of o-, standards8. standards.8
on the TCLP in SW846 m-, and p-cresol
Method 1311. concentrations).
D027 Wastes that are TC for p- p-Dichlorobenzene (1,4- 106-46-7 0.090 and meet Sec. 268.48 6.0 and meet Sec. 268.48
Dichloro- benzene based Dichloro- benzene). standards8. standards.8
on the TCLP in SW846
Method 1311.
D028 Wastes that are TC for 1,2-Dichloroethane........... 107-06-2 0.21 and meet Sec. 268.48 6.0 and meet Sec. 268.48
1,2-Dichloroethane standard8. standards.8
based on the TCLP in
SW846 Method 1311.
[[Page 33685]]
D029 Wastes that are TC for 1,1-Dichlorethylene.......... 75-35-4 0.025 and meet Sec. 268.48 6.0 and meet Sec. 268.48
1,1-Dichloroethylene standards8. standards.8
based on the TCLP in
SW846 Method 1311.
D030 Wastes that are TC for 2,4-Dinitrotoluene........... 121-14-2 0.32 and meet Sec. 268.48 140 and meet Sec. 268.48
2,4-Dinitrotoluene standards8. standards.8
based on the TCLP in
SW846 Method 1311.
D031 Wastes that are TC for Heptachlor................... 76-44-8 0.0012 and meet Sec. 268.48 0.066 and meet Sec. 268.48
Heptachlor based on the standards8. standards.8
TCLP in SW846 Method
1311.
Heptachlor epoxide........... 1024-57-3 0.016 and meet Sec. 268.48 0.066 and meet Sec. 268.48
standards8. standards.8
D032 Wastes that are TC for Hexachlorobenzene............ 118-74-1 0.055 and meet Sec. 268.48 10 and meet Sec. 268.48
Hexachloro- benzene standards8. standards.8
based on the TCLP in
SW846 Method 1311.
D033 Wastes that are TC for Hexa- chlorobutadiene........ 87-68-3 0.055 and meet Sec. 268.48 5.6 and meet Sec. 268.48
Hexachlorobutadiene standards8. standards.8
based on the TCLP in
SW846 Method 1311.
D034 Wastes that are TC for Hexachloroethane............. 67-72-1 0.055 and meet Sec. 268.48 30 and meet Sec. 268.48
Hexachloroethane based standards8. standards.8
on the TCLP in SW846
Method 1311.
D035 Wastes that are TC for Methyl ethyl ketone.......... 78-93-3 0.28 and meet Sec. 268.48 36 and meet Sec. 268.48
Methyl ethyl ketone standard8. standards.8
based on the TCLP in
SW846 Method 1311.
D036 Wastes that are TC for Nitrobenzene................. 98-95-3 0.068 and meet Sec. 268.48 14 and meet Sec. 268.48
Nitrobenzene based on standards8. standards.8
the TCLP in SW846
Method 1311.
D037 Wastes that are TC for Pentachlorophenol............ 87-86-5 0.089 and meet Sec. 268.48 7.4 and meet Sec. 268.48
Pentachlorophenol based standards8. standards.8
on the TCLP in SW846
Method 1311.
D038 Wastes that are TC for Pyridine..................... 110-86-1 0.014 and meet Sec. 268.48 16 and meet Sec. 268.48
Pyridine based on the standards8. standards.8
TCLP in SW846 Method
1311.
D039 Wastes that are TC for Tetracholorethylene.......... 127-18-4 0.056 and meet Sec. 268.48 6.0 and meet Sec. 268.48
Tetrachloroethylene standards.. standards.8
based on the TCLP in
SW846 Method 1311.
D040 Wastes that are TC for Trichloroethylene............ 79-01-6 0.054 and meet Sec. 268.48 6.0 and meet Sec. 268.48
Trichloroethylene based standards8. standards.8
on the TCLP in SW846
Method 1311.
D041 Wastes that are TC for 2,4,5-Trichlorophenol........ 95-95-4 0.18 and meet Sec. 268.48 7.4 and meet Sec. 268.48
2,4,5-Trichlorophenol standards8. standards.8
based on the TCLP in
SW846 Method 1311.
D042 Wastes that are TC for 2,4,6-Tricholorphenol........ 88-06-2 0.035 and meet Sec. 268.48 7.4 and meet Sec. 268.48
2,4,6-Trichlorophenol standards8. standards.8
based on the TCLP in
SW846 Method 1311.
D043 Wastes that are TC for Vinyl chloride............... 75-01-4 0.27 and meet Sec. 268.48 6.0 and meet Sec. 268.48
Vinyl chloride based on standards8. standards.8
the TCLP in SW846
Method 1311.
* * * * * * *
F006 Wastewater treatment Cadmium...................... 7440-43-9 .069......................... 0.19 mg/l TCLP.
sludges from
electroplating
operations except from
the following
processes: (1) Sulfuric
acid anodizing of
aluminum; (2) tin
plating on carbon
steel; (3) zinc plating
(segregated basis) on
carbon steel; (4)
aluminum or zinc-
aluminum plating on
carbon steel; (5)
cleaning/stripping
associated with tin,
zinc and aluminum
plating on carton
steel; and (6) chemical
etching and milling of
aluminum.
* * * * *
Silver....................... 7440-22-4 NA........................... 0.30 mg/l TCLP.
F007 Spent cyanide plating Cadmium...................... 7440-43-9 NA........................... 0.19 mg/l TCLP.
bath solutions from
electroplating
operations.
* * * * *
[[Page 33686]]
* * * * * * *
F010 Quenching bath residues Cyanides (Total) \7\......... 57-12-5 1.2.......................... 590.
from oil baths from
metal heat treating
operations where
cyanides are used in
the process.
Cyanides (Amenable) \7\...... 57-12-5 0.86......................... NA.
* * * * * * *
F037 Petroleum refinery Acenaphthene................. 83-32-9 0.059........................ 3.4.
primary oil/water/
solids separation
sludge--Any sludge
generated from the
gravitational
separation of oil/water/
solids during the
storage or treatment of
process wastewaters and
oily cooling
wastewaters from
petroleum refineries.
Such sludges include,
but are not limited to,
those generated in: oil/
water/solids
separators; tanks and
impoundments; ditches
and other conveyances;
sumps; and stormwater
units receiving dry
weather flow. Sludge
generated in stormwater
units that do not
receive dry weather
flow, sludges generated
from non-contact once-
through cooling waters
segregated for
treatment from other
process or oily cooling
waters, sludges
generated in aggressive
biological treatment
units as defined in
Sec. 261.31(b)(2)
(including sludges
generated in one or
more additional units
after wastewaters have
been treated in
aggressive biological
treatment units) and
KO51 wastes are not
included in this
listing.
* * * * *
Nickel....................... 7440-02-0 NA........................... 5.0 mg/l TCLP.
* * * * * * *
F039 Leachate (liquids that Acenaphthylene............... 208-96-8 0.059........................ NA.
have percolated through
land disposed wastes)
resulting from the
disposal of more than
one restricted waste
classified as hazardous
under subpart D of this
part. (Leachate
resulting from the
disposal of one or more
of the following EPA
Hazardous Wastes and no
other Hazardous Wastes
retains its EPA
Hazardous Waste
Number(s): F020, F021,
F022, F026, F027, and/
or F028.).
* * * * *
Acetonitrile................. 75-05-8 5.6.......................... NA.
* * * * *
Carbon disulfide............. 75-15-0 3.8.......................... NA.
* * * * *
2-Chloro-1,3-butadiene....... 126-99-8 0.057........................ NA.
* * * * *
Cyclohexanone................ 108-94-1 0.36......................... NA
* * * * *
1,4-Dioxane.................. 123-91-1 12.0......................... 170.
Diphenylamine (difficult to 122-39-4 0.92......................... NA.
distinguish from
diphenylnitrosamine).
Diphenylnitrosamine 86-30-6 0.92......................... NA.
(difficult to distinguish
from diphenylamine).
1,2-Diphenylhydrazine........ 122-66-7 0.087........................ NA.
* * * * *
Methanol..................... 67-56-1 5.6.......................... NA.
* * * * *
[[Page 33687]]
N-Nitrosodimethylamine....... 62-75-9 0.40......................... NA.
* * * * *
Phthalic anhydride........... 85-44-9 0.055........................ NA.
* * * * *
tris(2,3-Dibromopropyl) 126-72-7 0.11......................... NA.
phosphate.
* *................... * * *
Beryllium.................... 7440-41-7 0.82......................... NA.
* *................... * * *
Cyanides (Amenable).......... 57-12-5 0.86......................... NA.
Fluoride..................... 16964-48-8 35........................... NA.
* *................... * * *
Thallium..................... 7440-28-0 1.4.......................... NA.
Vanadium..................... 7440-62-2 4.3.......................... NA.
* * * * * * *
K006 Wastewater treatement Chromium (Total)............. 7440-47-3 2.77......................... 0.86 mg/l TCLP.
sludge from the
production of chrome
oxide green pigments
(anhydrous).
Lead......................... 7439-92-1 0.69......................... 0.37 mg/l TCLP.
Wastewater treatment Chromium (Total)............. 7440-47-3 2.77......................... 0.86 mg/l TCLP.
sludge from the
production of chrome
oxide green pigments
(hydrated).
Lead......................... 7439-92-1 0.69......................... 0.37 mg/l TCLP.
* * * * * * *
K008 Oven residue from the Chromium (Total)............. 7440-47-3 2.77......................... 0.86 mg/l TCLP.
production of chrome
oxide green pigments.
Lead......................... 7439-92-1 0.69......................... 0.37 mg/l TCLP.
* * * * * * *
K062 Spent pickle liquor Chromium (Total)............. 7440-47-3 2.77...............
FR Doc. 96-16540 Land Disposal Restrictions Phase IIIDecharacterized Wastewaters, Carbamate Wastes, and Spent Potliners
.......... 0.86 mg/l TCLP.
generated by steel
finishing operations of
facilities within the
iron and steel industry
(SIC Codes 331 and 332).
Lead......................... 7439-92-1 0.69......................... 0.37 mg/l TCLP.
Nickel....................... 7440-02-0 3.98......................... 5.0 mg/l TCLP.
* * * * * * *
K108 Condensed column NA........................... NA CMBST; or CHOXD fb CARBN; or CMBST.
overheads from product BIODG fb CARBN.
separation and
condensed reactor vent
gases from the
production of 1,1-
dimethylhydrazide
(UDMH) from carboxylic
acid hydrazides.
* * * * * * *
K156 Organic waste (including Acetonitrile................. 75-05-8 5.6.......................... 1.8.
heavy ends, still
bottoms, light ends,
spent solvents,
filtrates, and
decantates) from the
production of
carbamates and
carbamoyl oximes.
Acetophenone................. 96-86-2 0.010........................ 9.7.
Aniline...................... 62-53-3 0.81......................... 14.
Benomyl...................... 17804-35-2 0.056........................ 1.4.
Benzene...................... 71-43-2 0.14......................... 10.
Carbaryl..................... 63-25-2 0.006........................ 0.14.
Carbenzadim.................. 10605-21-7 0.056........................ 1.4.
Carbofuran................... 1563-66-2 0.006........................ 0.14.
Carbosulfan.................. 55285-14-8 0.028........................ 1.4.
Chlorobenzene................ 108-90-7 0.057........................ 6.0.
Chloroform................... 67-66-3 0.046........................ 6.0.
o-Dichlorobenzene............ 95-50-1 0.088........................ 6.0.
Methomyl..................... 16752-77-5 0.028........................ 0.14.
Methylene chloride........... 75-09-2 0.089........................ 30.
Methyl ethyl ketone.......... 78-93-3 0.28......................... 36.
Naphthalene.................. 91-20-3 0.059........................ 5.6.
Phenol....................... 108-95-2 0.039........................ 6.2.
[[Page 33688]]
Pyridine..................... 110-86-1 0.014........................ 16.
Toluene...................... 108-88-3 0.080........................ 10.
Triethylamine................ 121-44-8 0.081........................ 1.5.
K157 Wastewaters (including Carbon tetrachloride......... 56-23-5 0.057........................ 6.0.
scrubber waters,
condenser waters,
washwaters, and
separation waters) from
the production of
carbamates and
carbamoyl oximes.
Chloroform................... 67-66-3 0.046........................ 6.0.
Chloromethane................ 74-87-3 0.19......................... 30.
Methomyl..................... 16752-77-5 0.028........................ 0.14.
Methylene chloride........... 75-09-2 0.089........................ 30.
Methyl ethyl ketone.......... 78-93-3 0.28......................... 36.
o-Phenylenediamine........... 95-54-5 0.056........................ 5.6.
Pyridine..................... 110-86-1 0.014........................ 16.
Triethylamine................ 121-44-8 0.081........................ 1.5.
K158 Bag house dusts and Benomyl...................... 17804-35-2 0.056........................ 1.4.
filter/separation
solids from the
production of
carbamates and
carbamoyl oximes.
Benzene...................... 71-43-2 0.14......................... 10.
Carbenzadim.................. 10605-21-7 0.056........................ 1.4.
Carbofuran................... 1563-66-2 0.006........................ 0.14.
Carbosulfan.................. 55285-14-8 0.028........................ 1.4.
Chloroform................... 67-66-3 0.046........................ 6.0.
Methylene chloride........... 75-09-2 0.089........................ 30.
Phenol....................... 108-95-2 0.039........................ 6.2.
K159 Organics from the Benzene...................... 71-43-2 0.14......................... 10.
treatment of
thiocarbamate wastes.
Butylate..................... 2008-41-5 0.042........................ 1.4.
EPTC (Eptam)................. 759-94-4 0.042........................ 1.4.
Molinate..................... 2212-67-1 0.042........................ 1.4.
Pebulate..................... 1114-71-2 0.042........................ 1.4.
Vernolate.................... 1929-77-7 0.042........................ 1.4.
K160 Solids (including filter Butylate..................... 2008-41-5 0.042........................ 1.4.
wastes, separation
solids, and spent
catalysts) from the
production of
thiocarabamates and
solids from the
treatment of
thiocarbamate wastes.
EPTC (Eptam)................. 759-94-4 0.042........................ 1.4.
Molinate..................... 2212-67-1 0.042........................ 1.4.
Pebulate..................... 1114-71-2 0.042........................ 1.4.
Toluene...................... 108-88-3 0.080........................ 10.
Vernolate.................... 1929-77-7 0.042........................ 1.4.
K161 Purifcation solids Antimony..................... 7440-36-0 1.9.......................... 2.1mg/l TCLP.
(including filtration,
evaporation, and
centrifugation solids),
baghouse dust and floor
sweepings, from the
production of
dithiocarbarmate acids
and their salts.
Arsenic...................... 7440-38-2 1.4.......................... 5.0 mg/l TCLP.
Carbon disulfide............. 75-15-0 3.8.......................... 4.8 mg/l TCLP.
Dithiocarbamates (total)..... NA 0.028....................... 28.
Lead......................... 7439-92-1 0.069........................ 0.37 mg/l TCLP.
Nickel....................... 7440-02-0 3.98......................... 5.0 mg/l TCLP.
Selenium..................... 7782-49-2 0.82......................... 0.16 mg/l TCLP.
* * * * * * *
P093 Phenylthiourea.......... Phenylthiourea............... 103-85-5 (WETOX or CHOXD) fb CARBN; or CMBST.
CMBST.
* * * * * * *
P196 Manganese Dithiocarbamates (total)..... NA 0.028........................ 28.
dimethyldithiocarbamate.
* * * * * * *
P202 M-Cumenyl m-Cumenyl methycarbamate..... 64-00-6 0.056........................ 1.4.
methylcarbamate.
[[Page 33689]]
* * * * * * *
P205 Ziram................... Dithiocarbamates (total)..... NA 0.028........................ 28.
* * * * * * *
U277 Sulfallate.............. Dithiocarbamates (total)..... NA 0.028........................ 28.
U278 Bendiocarb.............. Bendiocarb................... 22781-23-3 0.056........................ 1.4.
* * * * * * *
U365 Molinate................ Molinate..................... 2212-67-1 0.042........................ 1.4.
U366 Dazomet................. Dithiocarbamates (total)..... NA 0.028........................ 28.
* * * * * * *
U375 3-lodo-2-propynyl n- 3-lodo-2-propynyl n- 55406-53-6 0.056........................ 1.4.
butylcarbamate. butylcarbamate.
U376 Selenium, tetrakis Dithiocarbamates (total)..... NA 0.028........................ 28.
(dimethyldithio-
carbamate).
Selenium................ Selenium..................... 7782-49-2 0.82......................... 0.16 mg/l TCLP.
U377 Pottasium n- Dithiocarbamates (total)..... NA 0.028........................ 28.
methyldithiocarbamate.
U378 Potassium n- Dithiocarbamates (total)..... NA 0.028........................ 28.
hydroxymethyl-n-
methyldithiocarbamate.
U379 Sodium Dithiocarbamates (total)..... NA 0.028........................ 28.
dibutyldithiocarbamate.
U381 Sodium Dithiocarbamates (total)..... NA 0.028........................ 28.
diethyldithiocarbamate.
U382 Sodium Dithiocarbamates (total)..... NA 0.028........................ 28.
dimethyldithiocarbamate.
U383 Potassium dimethyl Dithiocarbamates (total)..... NA 0.028........................ 28.
dithiocarbamate.
U384 Metam Sodium............ Dithiocarbamates (total)..... NA 0.028........................ 28.
U385 Vernolate............... Vernolate.................... 1929-77-7 0.042........................ 1.4.
U386 Cycloate................ Cycloate..................... 1134-23-2 0.042........................ 1.4.
U387 Prosulfocarb............ Prosulfocarb................. 52888-80-9 0.042........................ 1.4.
U389 Triallate............... Triallate.................... 2303-17-5 0.042........................ 1.4.
U390 EPTC.................... EPTC......................... 759-94-4 0.042........................ 1.4.
U391 Pebulate................ Pebulate..................... 1114-71-2 0.042........................ 1.4.
U392 Butylate................ Butylate..................... 2008-41-5 0.042........................ 1.4.
U393 Copper Dithiocarbamates (total)..... NA 0.028........................ 28.
dimethyldithiocarbamate.
U394 A2213................... A2213........................ 30558-43-1 0.042........................ 1.4.
U395 Diethylene glycol, Diethylene glycol, 5952-26-1 0.056........................ 1.4.
dicarbamate. dicarbamate.
U396 Ferbam.................. Dithiocarbamates (total)..... NA 0.028........................ 28.
U400 Bis (pentamethylene) Dithiocarbamates (total)..... NA 0.028........................ 28.
thiuram tetrasulfide.
U401 Tetramethyl thiuram Dithiocarbamates (total)..... NA 0.028........................ 28.
monosulfide.
U402 Tetrabutylthiuram Dithiocarbamates (total)..... NA 0.028........................ 28.
disulfide.
U403 Disulfiram.............. Dithiocarbamates (total)..... NA 0.028........................ 28.
U404 Triethylamine........... Triethylamine................ 101-44-8 0.081........................ 1.5.
U407 Ethyl Ziram............. Dithiocarbamates (total)..... NA 0.028........................ 28.
U409 Thiophanate-methyl...... Thiophanate-methyl........... 23564-05-8 0.056........................ 1.4.
U410 Thiodicarb.............. Thiodicarb................... 59669-26-0 0.019........................ 1.4.
U411 Propoxur................ Propoxur..................... 114-26-1 0.056........................ 1.4.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The waste descriptions provided in this table do not replace waste descriptions in 40 CFR 261. Descriptions of Treatment/Regulatory Subcategories
are provided, as needed, to distinguish between applicability of different standards.
[[Page 33690]]
\2\ CAS means Chemical Abstract Services. When the waste code and/or regulated constituents are described as a combination of a chemical with it's salts
and/or esters, the CAS number is given for the parent compound only.
\3\ Concentration standards for wastewaters are expressed in mg/l and are based on analysis of composite samples.
\4\ All treatment standards expressed as a Technology Code or combination of Technology Codes are explained in detail in 40 CFR 268.42 Table 1--
Technology Codes and Descriptions of Technology-Based Standards.
\5\ Except for Metals (EP or TCLP) and Cyanides (Total and Amenable) the nonwastewater treatment standards expressed as a concentration were
established, in part, based upon incineration in units operated in accordance with the technical requirements of 40 CFR Part 264 Subpart O or Part 265
Subpart O, or based upon combustion in fuel substitution units operating in accordance with applicable technical requirements. A facility may comply
with these treatment standards according to provisions in 40 CFR 268.40(d). All concentration standards for nonwastewaters are based on analysis of
grab samples.
* * * * * * *
\7\ Both Cyanides (Total) and Cyanides (Amenable) for nonwastewaters are to be analyzed using Method 9010 or 9012, found in ``Test Methods for
Evaluating Solid Waste, Physical/Chemical Methods'', EPA Publication SW-846, as incorporated by reference in 40 CFR 260.11, with a sample size of 10
grams and a distillation time of one hour and 15 minutes.
\8\ These wastes, when rendered nonhazardous and then subsequently managed in CWA, CWA-equivalent, or Class I SDWA systems are not subject to treatment
standards. (See Sec. 148.1(d) and Sec. 268.1(c) (3) and (4)).
\9\ These wastes, when rendered nonhazardous and then subsequently injected in a Class I SDWA well are not subject to treatment standards. (See Sec.
148.1(d)).
10. In subpart D, Sec. 268.48 the table in paragraph (a) is revised
to read as follows:
Sec. 268.48 Universal treatment standards.
(a) * * *
Universal Treatment Standards
[Note: NA means not applicable.]
----------------------------------------------------------------------------------------------------------------
Nonwastewater
Wastewater standard Pstandard
Regulated constituent/common name CAS \1\ No. (Concentration in mg/ (Concentration in mg/
l \2\) kg \3\ unless noted
as ``mg/l TCLP'')
----------------------------------------------------------------------------------------------------------------
* * * * * *
*
A2213............................................. 30558-43-1 0.042 1.4
* * * * * *
*
Butylate.......................................... 2008-41-5 0.042 1.4
* * * * * *
*
Cycloate.......................................... 1134-23-2 0.042 1.4
* * * * * *
*
EPTC.............................................. 759-94-4 0.042 1.4
* * * * * *
*
Molinate.......................................... 2212-67-1 0.042 1.4
* * * * * *
*
Pebulate.......................................... 1114-71-2 0.042 1.4
* * * * * *
*
Prosulfocarb...................................... 52888-80-9 0.042 1.4
* * * * * *
*
Triallate......................................... 2303-17-5 0.042 1.4
* * * * * *
*
Vernolate......................................... 1929-77-7 0.042 1.4
* * * * * *
*
----------------------------------------------------------------------------------------------------------------
\1\ CAS means Chemical Abstract Services. When the waste code and/or regulated constituents are described as a
combination of a chemical with it's salts and/or esters, the CAS number is given for the parent compound only.
\2\ Concentration standards for wastewaters are expressed in mg/l and are based on analysis of composite
samples.
\3\ Except for Metals (EP or TCLP) and Cyanides (Total and Amenable) the nonwastewater treatment standards
expressed as a concentration were established, in part, based upon incineration in units operated in
accordance with the technical requirements of 40 CFR part 264, subpart O or 40 CFR part 265, subpart O, or
based upon combustion in fuel substitution units operating in accordance with applicable technical
requirements. A facility may comply with these treatment standards according to provisions in 40 CFR
268.40(d). All concentration standards for nonwastewaters are based on analysis of grab samples.
[[Page 33691]]
* * * * *
[FR Doc. 96-16540 Filed 6-27-96; 8:45 am]
BILLING CODE 6560-50-P
Complete official Federal Register PDF
FR Doc. 96-16522 Food Additives Permitted for Direct Addition to Food for Human Consumption; Aspartame
[Federal Register Volume 61, Number 126 (Friday, June 28, 1996)]
[Rules and Regulations]
[Pages 33654-33656]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16522]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
21 CFR Part 172
[Docket No. 94F-0405]
Food Additives Permitted for Direct Addition to Food for Human
Consumption; Aspartame
AGENCY: Food and Drug Administration, HHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Food and Drug Administration (FDA) is amending the food
additive regulations to provide for the safe use of aspartame as a
general purpose sweetener. This action is in response to a petition by
the NutraSweet Co., and will simplify the existing regulation by
replacing most of the 23 currently listed uses of aspartame with a
single use category for food.
DATES: The regulation is effective June 28, 1996. Submit written
objections and requests for a hearing by July 29, 1996. The Director of
the Office of the Federal Register approves the incorporation by
reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51 of a
certain publication in 21 CFR 172.804(c)(2), effective June 28, 1996.
ADDRESSES: Submit written objections to the Dockets Management Branch
(HFA-305), Food and Drug Administration, 12420 Parklawn Dr., rm. 1-23,
Rockville, MD 20857.
FOR FURTHER INFORMATION CONTACT: Blondell Anderson, Center for Food
Safety and Applied Nutrition (HFS-207), Food and Drug Administration,
200 C St. SW., Washington, DC 20204, 202-418-3106.
SUPPLEMENTARY INFORMATION: In a notice published in the Federal
Register of December 8, 1994 (59 FR 63368), FDA announced that a food
additive petition (FAP 5A4439) had been filed by the NutraSweet Co.,
1751 Lake Cook Rd., Deerfield, IL 60015-5239, proposing that the food
additive regulations be amended in Sec. 172.804 Aspartame (21 CFR
172.804) to provide for the safe use of aspartame as a general purpose
sweetener.
I. Background
Aspartame is currently approved for use in a large number of
processed foods under Sec. 172.804 (21 CFR 172.804) (20 permitted uses
as a sweetener and 3 permitted uses as a flavor enhancer). The
regulation has resulted from the approval of 27 separate food additive
petitions (FAP's).
The acceptable daily intake (ADI) of 50 milligrams per kilogram
body weight per day (mg/kg/day) was established for aspartame as a
result of the agency's review of FAP 2A3661, which requested use of
aspartame in carbonated beverages (48 FR 31376, July 8, 1983). The ADI
is the level of consumption that has been determined to be safe for
human consumption every day over an entire lifetime. The agency's
review of all petitions submitted subsequent to aspartame's approval in
carbonated beverages involved primarily: (1) An assessment of the
estimated exposure from each additional use; and (2) a determination of
whether the cumulative estimated exposure, including the newly
requested use, would cause the acceptable daily intakes for aspartame
and for its major breakdown product, diketopiperazine (DKP), to be
exceeded over a lifetime by individuals consuming aspartame at the 90th
percentile level. The 90th percentile intake (which represents high
exposure) is the level of consumption at which 90 percent of the
population (a selected population subgroup) consumes the ingredient at
or below the indicated value.
NutraSweet is now requesting that the aspartame regulation be
amended to allow its use as a general purpose sweetener at levels
determined by current good manufacturing practice (CGMP). FDA's CGMP
regulation for food additives requires, among other things, that the
level of an additive used in food not be higher than that level
required to accomplish the intended functional effect (21 CFR
172.5(a)(1)). This level has not, in general, been set by the agency
except when there appears to be a specific need to do so. In the case
of the agency's review of FAP 7A4044, which requested the use of
aspartame in baked goods and baking mixes, the maximum level of use of
aspartame that would be consistent with CGMP was set at 0.5 percent by
weight of ready-to-bake products or of finished formulations prior to
baking. In that decision, the agency imposed a use limit that can be
verified by an analytical method that is incorporated by reference into
the regulation. That requirement is maintained in this regulation. For
all other uses of aspartame the agency has determined that CGMP levels
of use need not be specified.
The practical effect of the amendment requested in the current
petition would be to simplify the existing regulation in Sec. 172.804
by replacing most of the 23 currently listed uses of aspartame with a
single use category for food. As discussed below, the permitted uses of
aspartame are sufficiently broad that including any additional category
not allowed by the current regulation will not cause human exposure to
change significantly.
II. Petition for Use of Aspartame as a General Purpose Sweetener
To support the proposed amendment, NutraSweet has submitted a
summary of postmarket aspartame intake surveys performed by the Market
Research Corp. of America (MRCA) between 1984 and 1992. These surveys
(which measure the actual amount of aspartame consumed by individuals)
track the quantity of aspartame-sweetened foods that are consumed over
a 2-week period. According to the July 1991 to June 1992 survey, the
intake of aspartame for individuals who consume aspartame at the 90th
percentile (``eaters only'') is 3.0 mg/kg/day (6 percent of the ADI)
for the ``all ages'' population group and is 5.2 mg/kg/day (10.4
percent of the ADI) for children in the 0-month to 5-year-old subgroups
(the groups that consume the highest amounts of aspartame per kg of
body weight). NutraSweet states in the petition that aspartame intake
from the potential new uses is not expected to significantly increase
aspartame consumption above current levels. This is because: (1) Its
intake from the major use category (e.g., beverages) has stabilized and
the potential new uses will have, at most, a minor effect on total
consumption; and (2) the permitted uses of competing high-intensity
sweeteners continue to be broadened.
III. Exposure Estimates
The agency focused its safety evaluation on whether human exposure
to aspartame as a general purpose sweetener would exceed the ADI of 50
mg/kg/day; and whether human exposure to DKP, the aspartame
decomposition product, would exceed the ADI of 30 mg/kg/day (Ref. 1).
A. Aspartame
In the Commissioner's 1981 decision to approve aspartame (46 FR
38285, July 24, 1981), several methods were described for projecting
the level of
[[Page 33655]]
aspartame consumption. In one method the agency estimated that if
aspartame replaced all sucrose in the diet of an average 60 kg
individual, the aspartame consumption would be approximately 8.3 mg/kg/
day. In the petition, Nutrasweet projects an aspartame intake of 8.1
mg/kg/day for all age groups when used as a general purpose sweetener.
The agency has reassessed the anticipated exposure to aspartame in
light of all the evidence gained since the earlier approval. Assuming
that all sucrose added to food would be replaced by aspartame, the
agency estimates that the daily intake would be 8.7 mg/kg/day. Use of
other approaches to estimate consumption also results in consistent
intake estimates that are far below the ADI (Ref. 1). This shows that
high levels of aspartame intake derived for different age groups are
unlikely to exceed the ADI if used in food with no limitations other
than CGMP.
B. DKP
Aspartame can partially decompose to yield DKP in certain food
products when they are heated or stored for prolonged periods of time.
FDA has previously set an ADI for DKP of 30 mg/kg/day (48 FR 31376,
July 8, 1983). In order to derive a conservative exposure to DKP, FDA
used the highest exposure estimate derived for aspartame (based on the
assumption that all sugars added to food would be replaced with
aspartame). This DKP exposure estimate does not exceed 10 percent of
the ADI for all age groups and does not exceed 16 percent for the 0- to
5-year-old age group (Ref. 1) These estimates show that the ADI for DKP
will not be exceeded when aspartame is used as a general purpose
sweetener.
IV. Comment
The agency received one comment in response to the filing notice of
December 8, 1994, from the McNeil Specialty Products Co. (Ref. 2). This
comment raised two points, each of which is addressed below.
The first point raised by the comment was that the filing notice
failed to specify that the agency was soliciting comments on the entire
petition, not just on the environmental assessment. The comment
suggested that the entire petition should be made available at the
Dockets Management Branch and that a separate notice should be
published in the Federal Register explicitly requesting comments on all
aspects of the petition.
Under section 409(b)(5) of the Federal Food, Drug, and Cosmetic Act
(the act) (21 U.S.C. 348(b)(5)), FDA is required to announce the filing
of a food additive petition. Although public notice of a petition is
required, the act is silent with respect to public comment on a
petition.
Historically, FDA has not placed food additive petitions on public
display when a notice of filing is published and knows of no reason why
such public display should be required. The agency considers comments
received consistent with their relevance to the petitioned action.
Information from the petition can be obtained through a request made
under the Freedom of Information Act consistent with 21 CFR part 20.
The second point raised by the comment was that the petition lacks
information required under Sec. 171.1(c) (21 CFR 171.1(c)) on the
amount of the additive proposed for use, appropriate functionality data
to support the additional use categories requested, and methods to
determine the level of the additive in food. It is further noted in the
comment that if such information exists in other petitions,
Sec. 171.1(b) allows the petitioner to reference, rather than resubmit,
such information. The comment points to: (1) Data establishing
functionality and appropriate use levels and analytical techniques for
the newly-requested approvals are not present in the current petition
and (2) the petitioner had not specifically referenced such data; thus,
the petition does not comply with the requirements found in
Sec. 171.1(c). Therefore, the comment contends that the petition is
deficient and should not have been accepted for filing, and should be
amended accordingly prior to the agency taking final action.
The agency disagrees with the contention that the petition lacks
information required under Sec. 171.1(c). As stated above in section I.
of this document, aspartame has been previously approved for use as a
sweetener in a large number of processed foods. These various approvals
have resulted from the agency's consideration of 27 separate food
additive petitions. The approved uses of aspartame span a wide range of
food matrices and include products which are stored under a wide
variety of conditions. Data establishing the functionality and
stability of aspartame, and descriptions of methods for detecting
aspartame in a wide variety of food products, are contained in either
the 27 petitions or in several Food Master Files established for
aspartame by the agency. Much of this information has been discussed in
previous Federal Register documents.
Further, all of these petitions are specifically referenced in FAP
5A4439. Therefore, the statement made in the comment that these
petitions are not specifically referenced in the subject petition is
factually incorrect.
V. Conclusions
FDA has calculated exposure estimates to aspartame under the
assumption that the sweetener would be used in food with no limits
other than CGMP. Having considered the results of these exposure
estimates, which were made using extremely conservative assumptions
(such as, that aspartame would replace all sugars added to food), the
agency concludes that the use of aspartame as a general purpose
sweetener will not cause the ADI for aspartame to be exceeded. The
agency has estimated exposure to DKP (the major decomposition product
of aspartame) and concludes that the ADI for DKP will also not be
exceeded by its use as a general purpose sweetener. Based on these
evaluations, the agency further concludes that the use of aspartame as
a general purpose sweetener, subject only to CGMP conditions of use
(including a specific CGMP level of use of 0.5 percent in baked goods
and baking mixes), is safe and that the regulation for aspartame should
be amended in Sec. 172.804(c) as set forth below. In addition,
Sec. 172.804(b) is amended to conform to the requirement of providing
three addresses for methods that are incorporated by reference, one
where the method may be obtained and two where it may be examined by
the public.
In accordance with Sec. 171.1(h) (21 CFR 171.1(h)), the petition
and the documents that FDA considered and relied upon in reaching its
decision to approve the petition are available for inspection at the
Center for Food Safety and Applied Nutrition by appointment with the
information contact person listed above. As provided in Sec. 171.1(h),
the agency will delete from the documents any materials that are not
available for public disclosure before making the documents available
for inspection.
The agency has carefully considered the potential environmental
effects of this action. FDA has concluded that the action will not have
a significant impact on the human environment, and that an
environmental impact statement is not required. The agency's finding of
no significant impact and the evidence supporting that finding,
contained in an environmental assessment, may be seen in the Dockets
Management Branch (address above) between 9 a.m. and 4 p.m., Monday
through Friday.
[[Page 33656]]
Any person who will be adversely affected by this regulation may at
any time on or before July 29, 1996, file with the Dockets Management
Branch (address above) written objections thereto. Each objection shall
be separately numbered, and each numbered objection shall specify with
particularity the provisions of the regulation to which objection is
made and the grounds for the objection. Each numbered objection on
which a hearing is requested shall specifically so state. Failure to
request a hearing for any particular objection shall constitute a
waiver of the right to a hearing on that objection. Each numbered
objection for which a hearing is requested shall include a detailed
description and analysis of the specific factual information intended
to be presented in support of the objection in the event that a hearing
is held. Failure to include such a description and analysis for any
particular objection shall constitute a waiver of the right to a
hearing on the objection. Three copies of all documents shall be
submitted and shall be identified with the docket number found in
brackets in the heading of this document. Any objections received in
response to the regulation may be seen in the Dockets Management Branch
between 9 a.m. and 4 p.m., Monday through Friday.
VI. References
The following information has been placed on display in the
Dockets Management Branch (address above) and may be seen by interested
persons between 9 a.m. and 4 p.m., Monday through Friday.
1. Memorandum from the Chemistry Review Branch, FDA, to the
Novel Ingredients Branch, FDA; March 8, 1994.
2. Comment from the McNeil Specialty Products Co., January 6,
1995.
List of Subjects in 21 CFR Part 172
Food additives, Incorporation by reference, Reporting and
recordkeeping requirements.
Therefore, under the Federal Food, Drug, and Cosmetic Act and under
authority delegated to the Commissioner of Food and Drugs and
redelegated to the Director, Center for Food Safety and Applied
Nutrition, 21 CFR part 172 is amended as follows:
PART 172--FOOD ADDITIVES PERMITTED FOR DIRECT ADDITION TO FOOD FOR
HUMAN CONSUMPTION
1. The authority citation for 21 CFR part 172 continues to read as
follows:
Authority: Secs. 201, 401, 402, 409, 701, 721 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 321, 341, 342, 348, 371,
379e).
2. Section 172.804 is amended by revising the introductory text,
the second sentence of paragraph (b), and paragraph c; by removing
paragraph (d) and redesignating paragraphs (e) and (f) as paragraphs
(d) and (e) to read as follows:
Sec. 172.804 Aspartame.
The food additive aspartame may be safely used in food in
accordance with good manufacturing practice as a sweetening agent and a
flavor enhancer in foods for which standards of identity established
under section 401 of the act do not preclude such use under the
following conditions:
* * * * *
(b) * * * Copies are available from the National Academy Press,
2101 Constitution Ave. NW., Washington, DC 20418, or may be examined at
the Center for Food Safety and Applied Nutrition's Library, Food And
Drug Administration, 200 C St. SW., rm. 3321, Washington, DC, or at the
Office of the Federal Register, 800 North Capitol St. NW., suite 700,
Washington, DC.
(c)(1) When aspartame is used as a sugar substitute tablet for
sweetening hot beverages, including coffee and tea, L-leucine may be
used as a lubricant in the manufacture of such tablets at a level not
to exceed 3.5 percent of the weight of the tablet.
(2) When aspartame is used in baked goods and baking mixes, the
amount of the additive is not to exceed 0.5 percent by weight of ready-
to-bake products or of finished formulations prior to baking. Generally
recognized as safe (GRAS) ingredients or food additives approved for
use in baked goods shall be used in combination with aspartame to
ensure its functionality as a sweetener in the final baked product. The
level of aspartame used in these products is determined by an
analytical method entitled ``Analytical Method for the Determination of
Aspartame and Diketopiperazine in Baked Goods and Baking Mixes,''
October 8, 1992, which was developed by the Nutrasweet Co. Copies are
available from the Office of Premarket Approval (HFS-200), Center for
Food Safety and Applied Nutrition, 200 C St. SW., Washington, DC 20204,
or are available for inspection at the Center for Food Safety and
Applied Nutrition's Library, Food and Drug Administration, 200 C St.
SW., rm. 3321, Washington, DC 20204, and the Office of the Federal
Register, 800 North Capitol St. NW., suite 700, Washington, DC.
* * * * *
Dated: June 18, 1996.
L. Robert Lake,
Director, Office of Policy, Planning and Strategic Initiatives, Center
for Food Safety and Applied Nutrition.
[FR Doc. 96-16522 Filed 6-27-96; 8:45 am]
BILLING CODE 4160-01-F
Complete official Federal Register PDF
FR Doc. 96-16514 Work Incentive (WIN) Programs for AFDC Recipients; Removal of Obsolete Work Program Regulations
[Federal Register Volume 61, Number 126 (Friday, June 28, 1996)]
[Rules and Regulations]
[Pages 33658-33659]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16514]
=======================================================================
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DEPARTMENT OF LABOR
Office of the Secretary of Labor
29 CFR Part 56
Work Incentive (WIN) Programs for AFDC Recipients; Removal of
Obsolete Work Program Regulations
AGENCY: Office of the Secretary of Labor.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Labor is removing obsolete provisions from
the Code of Federal Regulations. These provisions involve work program
activities under the Work Incentive (WIN) Programs, which were
superseded when State welfare agencies began their Job Opportunities
and Basic Skills (JOBS) Programs in 1989-1990.
EFFECTIVE DATE: June 28, 1996.
FOR FURTHER INFORMATION CONTACT: Terence Finegan, Director, Division of
Policy, Legislation, and Dissemination, Employment and Training
Administration, 200 Constitution Avenue NW., Room N5637, Washington,
D.C. 20210; tel. (202) 219-7669 x126 (this is not a toll-free call).
SUPPLEMENTARY INFORMATION: In September 1993, the President issued
Executive Order 12866, which called for Federal regulations which were
less burdensome, more effective, and more consistent with
Administration priorities. In response, the Department of Labor (DOL or
the Department) published a notice in the Federal Register providing a
plan for periodic review of existing rules and soliciting ideas. 59 FR
57800 (November 14, 1994).
In March 1995, the President issued a new directive to federal
agencies regarding their responsibilities under his Regulatory
Reinvention Initiative. This initiative is part of the National
Performance Review and calls for more immediate, comprehensive
regulatory reform. The President directed all agencies to undertake an
exhaustive review of all their regulations with and eye towards
eliminating or modifying those that are obsolete or which are otherwise
in need of reform. This notice represents a step in the DOL's response
to this directive.
Work Programs
Under the Family Support Act of 1988, Pub. L. 100-485, Congress
created the Job Opportunities and Basic Skills (JOBS) program to
improve the job prospects of welfare recipients and help them become
self-sufficient. It required States to begin operating their JOBS
programs by October 1, 1990. If a State began operating its JOBS
programs sooner, the regulations governing the separate work programs
authorized under parts A and C of title IV of the Social Security Act--
i.e., the Work Incentive (WIN) program; the Work Incentive
Demonstration (WIN Demo) program; the Community Work Experience Program
(CWEP); the Work Supplementation Program; and the Employment Search
Program--became inapplicable at the start of the JOBS program.
Nationwide, these programs were repealed as of October 1, 1990. Thus,
the regulations which governed these programs are obsolete.
On May 17, 1995, the Administration for Children and Families of
the Department of Health and Human Services (HHS) published in the
Federal Register a final rule that removed, among others, the
regulations at 45 CFR part 224, addressing HHS's administrative
responsibilities for the WIN program. 60 FR 26373 (May 17, 1995).
Because the WIN program was jointly administered by HHS and DOL, the
HHS provisions at 45 CFR part 224 were identical to those contained at
29 CFR part 56, issued by DOL.
Accordingly, this notice removes part 56, governing the WIN
program, from title 29.
Publication in Final
The Department of Labor has determined, pursuant to 5 U.S.C.
553(b)(B), that good cause exists for waiving the public comment on
this rule. Publication of a proposed rule and solicitation of comments
would be neither necessary nor fruitful, since this final rule affects
only obsolete provisions and programs.
Effective Date
The Department has determined, pursuant to 5 U.S.C. 553(d)(3), that
good cause exists for waiving the customary requirement to delay the
effective date of a final rule for 30 days following its publication.
It is unnecessary to postpone the effective date, since none of the
provisions being removed are in effect, and no time for implementation
is required. Therefore, this final rule is effective immediately upon
publication.
Statutory Authority
DOL is publishing these rules under the general authority provided
under section 1102 of the Social Security Act, 42 U.S.C. Sec. 1302.
This section requires publication of regulations that may be necessary
for the efficient administration of the functions under the Social
Security Act.
Regulatory Procedures--Executive Order 12866
This final rule has been reviewed by DOL pursuant to Executive
Order 12866. Executive Order 12866 requires that regulations be
reviewed for consistency with the priorities and principles set forth
in the Executive Order. The Department has determined that this rule is
consistent with these priorities and principles. Specifically, it
responds directly to the President's Regulatory Reinvention Initiative
by cutting obsolete regulations. It entails no increase in cost or
burden on State and local governments or other entities. It is not a
significant regulatory action under the Executive Order.
Small Business Regulatory Enforcement Fairness Act
The Department has determined that this final rule is not a ``major
rule'' requiring prior approval by the Congress and the President
pursuant to the Small Business Reduction Regulatory Fairness Act of
1996 (5 U.S.C. Sec. 801 et seq.), because it is not likely to result in
(1) An annual effect on the economy of $100 million or more; (2) a
major increase in costs or prices for
[[Page 33659]]
consumers, individual industries, Federal, State or local government
agencies, or geographic regions; or (3) significant adverse effects on
competition, employment, investment, productivity, innovation, or on
the ability of the United States-based enterprises to compete with
foreign-based enterprises in domestic and export markets.
Further, since DOL has determined, for good cause, that publication
of a proposed rule and solicitation of comments on this rule removing
the WIN regulations from 29 CFR would be neither necessary nor
fruitful, under section 808(2) of title 5 U.S.C., this final rule is
effective immediately upon publication as stated in this notice.
Regulatory Flexibility Act
Consistent with the Regulatory Flexibility Act (Pub. L. 96-354),
which requires the Federal government to anticipate and reduce the
impact of rules and paperwork requirements on small businesses and
other small entities, the Department certifies that this rule has no
significant effect on a substantial number of small entities.
Therefore, a regulatory flexibility analysis is not required.
Paperwork Reduction Act
This regulation contains no information collection requirements
which are subject to review and approval by the Office of Management
and Budget (OMB) under the Paperwork Reduction Act of 1980 (44 U.S.C.
Sec. 3500 et seq.).
List of Subjects in 29 CFR Part 56
Administrative practice and procedure, Grant programs--social
programs, Reporting and recordkeeping requirements, Work Incentive
(WIN) Programs.
Signed at Washington, DC, this 24th day of June.
Robert B. Reich,
Secretary of Labor.
Accordingly, subtitle A of title 29 of the Code of Federal
Regulations is amended, under the authority of section 1102 of the
Social Security Act, by removing part 56.
PART 56--[REMOVED]
[FR Doc. 96-16514 Filed 6-27-96; 8:45 am]
BILLING CODE 4510-23-M
Complete official Federal Register PDF
FR Doc. 96-16511 Justice Department Regulations; Corrections
[Federal Register Volume 61, Number 126 (Friday, June 28, 1996)]
[Rules and Regulations]
[Pages 33657-33658]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16511]
=======================================================================
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DEPARTMENT OF JUSTICE
28 CFR Parts 0, 2, 32, 42, and 46
Justice Department Regulations; Corrections
AGENCY: Department of Justice.
ACTION: Correcting amendments.
-----------------------------------------------------------------------
SUMMARY: This document contains corrections to title 28 of the Code of
Federal Regulations that constitute technical amendments to the
Department of Justice regulations.
EFFECTIVE DATE: June 24, 1996.
FOR FURTHER INFORMATION CONTACT:
Rosemary Hart, Senior Counsel, Office of Legal Counsel, U.S. Department
of Justice, 10th and Constitution Avenues, NW., Washington, DC 20530,
(202) 514-2027 (not a toll-free call).
SUPPLEMENTARY INFORMATION:
Need for Correction
As published in the Code of Federal Regulations, the final
regulations amending parts 0, 2, 32, 42, and 46 of title 28, Code of
Federal Regulations, contain technical errors that are in need of
correction.
List of Subjects
28 CFR Part 0
Authority delegations (Government agencies), Government employees,
Organization and functions (Government agencies), Whistleblowing.
28 CFR Part 2
Administrative practice and procedure, Crime, Juvenile delinquency,
Prisoners, Privacy, Probation and parole, Youth.
28 CFR Part 32
Administrative practice and procedure, Claims, Disability benefits,
Emergency medical services, Firefighters, Law enforcement officers,
Reporting and recordkeeping requirements.
28 CFR Part 42
Administrative practice and procedure, Aged, Civil Rights, Equal
employment opportunity, Grant programs, Individuals with disabilities,
Reporting and recordkeeping requirements, Sex discrimination.
28 CFR Part 46
Human research subjects, Reporting and recordkeeping requirements.
Correction of Publication
Accordingly, title 28 of the Code of Federal Regulations is
corrected by making the following correcting amendments:
PART 0--ORGANIZATION OF THE DEPARTMENT OF JUSTICE
1. The authority citation for Part 0 continues to read as follows:
Authority: 5 U.S.C. 301; 28 U.S.C. 509, 510, 515-519.
Sec. 0.112 [Corrected]
2. In Sec. 0.112, paragraphs (1) through (4) are redesignated as
paragraphs (a) through (d).
PART 2--PAROLE, RELEASE, SUPERVISION AND RECOMMITMENT OF PRISONERS,
YOUTH OFFENDERS, AND JUVENILE DELINQUENTS
3. The authority citation for Part 2 continues to read as follows:
Authority: 18 U.S.C. 4203(a)(1) and 4204(a)(6).
Sec. 2.47 [Corrected]
4. In Sec. 2.47, paragraph (b), paragraphs (i) and (ii) are
redesignated as paragraphs (1) and (2), respectively.
5. In Sec. 2.47, paragraph (c), paragraphs (i) thorough (iii) are
redesignated as paragraphs (1) through (3) respectively.
PART 32--PUBLIC SAFETY OFFICERS' DEATH AND DISABILITY BENEFITS
6. The authority citation for Part 32 is revised to read as
follows:
Authority: Part L of title I of the Omnibus Crime Control and
Safe Streets Act of 1968, as amended (42 U.S.C. 3711 et seq.).
Sec. 32.2 [Corrected]
7. In Sec. 32.2, paragraph (3), which directly follows paragraph
(d), is redesignated as paragraph (e).
[[Page 33658]]
PART 42--NONDISCRIMINATION; EQUAL EMPLOYMENT OPPORTUNITY; POLICIES
AND PROCEDURES
Subpart H--Procedures for Complaints of Employment Discrimination
Filed Against Recipients of Federal Financial Assistance
8. The authority citation for Part 42, Subpart H is revised to read
as follows:
Authority: E.O. 12250, 45 FR 72995, 3 CFR, 1980 Comp., p. 298;
E.O. 12067, 43 FR 28967, 3 CFR, 1978 Comp., p. 206.
Sec. 42.605 [Corrected]
9. In Sec. 42.605, paragraphs (e)(i) and (e)(ii) are redesignated
as paragraphs (e)(1) and (e)(2) respectively.
PART 46--PROTECTION OF HUMAN SUBJECTS
10. The authority citation for Part 46 continues to read as
follows:
Authority: 5 U.S.C. 301; 28 U.S.C. 509-510; 42 U.S.C. 300v-1(b).
Sec. 46.120 [Corrected]
11. In Sec. 46.120, the undesignated paragraph is designated as
paragraph (a).
Dated: June 24, 1996.
Rosemary Hart,
Federal Register Liaison Officer.
[FR Doc. 96-16511 Filed 6-27-96; 8:45 am]
BILLING CODE 4410-01-M
Complete official Federal Register PDF
FR Doc. 96-16488 Technical Amendments; Organizational Changes; Miscellaneous Editorial Changes and Conforming Amendments
[Federal Register Volume 61, Number 126 (Friday, June 28, 1996)]
[Rules and Regulations]
[Pages 33660-33670]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16488]
=======================================================================
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Parts 1, 2, 5, 8, 19, 20, 26, 45, 51, 67, 81, 89, 110, 114,
116, 117, 127, 140, 141, 144, 148, 151, 153, 154, 155, 156, 157,
158, 159, 160, 164, 165, 174, 179, 181, 183, and 187
[CGD 96-026]
RIN 2115 AF33
Technical Amendments; Organizational Changes; Miscellaneous
Editorial Changes and Conforming Amendments
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule amends Title 33, Code of Federal Regulations to
reflect recent agency organizational changes. It also makes editorial
changes throughout the title to correct addresses, update cross-
references, remove obsolete regulatory provisions, and make other
technical corrections. This rule will have no substantive effect on the
regulated public.
EFFECTIVE DATE: This rule is effective on June 30, 1996.
ADDRESSES: Unless otherwise indicated, documents referred to in this
preamble are available for inspection or copying at the office of the
Executive Secretary, Marine Safety Council (G-LRA/3406). U.S. Coast
Guard Headquarters, 2100 Second Street SW., room 3406, Washington, DC
20593-0001 between 8 a.m. and 3 p.m., Monday through Friday, except
Federal holidays. The telephone number is (202) 267-1477.
FOR FURTHER INFORMATION CONTACT:
Janet Walton, Project Manager, Office of Standards Evaluation and
Development (G-MSR-2), (202) 267-0257.
SUPPLEMENTARY INFORMATION:
Background and Purpose
Each year Title 33 of the Code of Federal Regulations (CFR) is
recodified on July 1. This rule makes miscellaneous editorial changes
and conforming amendments, including changes brought about by the Coast
Guard Headquarters reorganization, to be included in the 1996
recodification of Title 33.
Discussion of Changes
Coast Guard Headquarters recently went through a comprehensive
streamlining and reorganization. The substantive functions it performs
are essentially unchanged; however, many functions have been
consolidated. This rule reflects the redistribution of functions and
responsibilities due to the reorganization.
The rule also makes editorial changes throughout the title to
correct addresses, update cross-references, and make other technical
corrections.
Sections 157.03, 159.3, 181.3, and 183.3 are being reformatted by
reorganizing the definitions into alphabetical order and removing
paragraph designators.
Section 165.T01-005 expired on May 1, 1994 and section 165.702
expired on December 31, 1991. These regulations are no longer needed
and are being removed.
In addition the safety zone in Sec. 165.1112 was originally
established to protect Navy cables and equipment on the ocean floor
which could have been damaged by anchoring, fishing, and similar
activities. The Navy equipment has been removed and this safety zone is
no longer required and is being removed.
Since this amendment relates to departmental management;
organization; procedure; and practice, notice and comment on it are
unnecessary and it may be made effective in fewer than 30 days after
publication in the Federal Register. Therefore, this final rule is
effective June 30, 1996.
Regulatory Evaluation
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866 and does not require an assessment of
potential costs and benefits under section 6(a)(3) of that order. It
has not been reviewed by the Office of Management and Budget under that
order. It is not significant under the regulatory policies and
procedures of the Department of Transportation (DOT) (44 FR 11040,
February 26, 1979). The Coast Guard expects the economic impact of this
rule to be so minimal that a full Regulatory Evaluation under paragraph
10e of the regulatory policies and procedures of DOT is unnecessary.
This rule involves internal agency practices and procedures, it will
not impose any costs on the public.
Collection of Information
This rule contains no collection-of-information requirements under
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this rule under the principles and
criteria contained in Executive Order 12612 and has determined that
this rule does not have significant federalism implications
[[Page 33661]]
to warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this rule
and concluded that under paragraph 2.B.2 of Commandant Instruction
M16475.1B, this rule is categorically excluded from further
environmental documentation. This exclusion is in accordance with
paragraphs 2.B.2.e.(34) (a) and (b), concerning regulations that are
editorial or procedural and concerning internal agency functions or
organization. A ``Categorical Exclusion Determination'' is available in
the docket for inspection or copying where indicated under ADDRESSES.
List of Subjects
33 CFR Part 1
Administrative practice and procedure, Authority delegations
(Government agencies), Freedom of information, Penalties.
33 CFR Part 2
Administrative practice and procedure, Law enforcement.
33 CFR Part 5
Volunteers.
33 CFR Part 8
Armed forces reserves.
33 CFR Part 19
Navigation (water), Vessels.
33 CFR Part 20
Administrative practice and procedure, Authority delegations
(Government agencies), Penalties, Water pollution control, Waterways.
33 CFR Part 26
Communications equipment, Marine safety, Radio, Telephone, Vessels.
33 CFR Part 45
Military personnel, Reporting and recordkeeping requirements.
33 CFR Part 51
Administrative practice and procedure, Military personnel.
33 CFR Part 67
Continental shelf, Navigation (water), Reporting and recordkeeping
requirements.
33 CFR Part 81
Navigation (water), Reporting and recordkeeping requirements,
Treaties.
33 CFR Part 89
Navigation (water), Reporting and recordkeeping requirements,
Waterways.
33 CFR Part 110
Anchorage grounds.
33 CFR Part 114
Bridges.
33 CFR Part 116
Bridges.
33 CFR Part 117
Bridges.
33 CFR Part 127
Fire prevention, Harbors, Natural gas, Reporting and recordkeeping
requirements, Security measures.
33 CFR Part 140
Continental shelf, Investigations, Marine safety, Occupational
safety and health, Penalties, Reporting and recordkeeping.
33 CFR Part 141
Citizenship and naturalization, Continental shelf, Employment,
Reporting and recordkeeping.
33 CFR Part 144
Continental shelf, Marine safety, Occupational safety and health.
33 CFR Part 148
Administrative practice and procedure, Environmental protection,
Harbors, Petroleum.
33 CFR Part 151
Administrative practice and procedure, Oil pollution, Penalties,
Reporting and recordkeeping requirements, Water pollution control.
33 CFR Part 153
Hazardous substances, Oil pollution, Reporting and recordkeeping
requirements, Water pollution control.
33 CFR Part 154
Fire prevention, Hazardous substances, Oil pollution, Reporting and
recordkeeping requirements.
33 CFR Part 155
Hazardous substances, Oil pollution, Reporting and recordkeeping
requirements.
33 CFR Part 156
Hazardous substances, Oil pollution, Reporting and recordkeeping
requirements, Water pollution control.
33 CFR Part 157
Cargo vessels, Oil pollution, Reporting and recordkeeping
requirements.
33 CFR Part 158
Administrative practice and procedure, Harbors, Oil pollution,
Penalties, Reporting and recordkeeping requirements, Water pollution
control.
33 CFR Part 159
Sewage disposal, Vessels.
33 CFR Part 160
Administrative practice and procedure, Harbors, Hazardous materials
transportation, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Vessels, Waterways.
33 CFR Part 164
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
33 CFR Part 174
Intergovernmental relations, Marine safety, Reporting and
recordkeeping requirements.
33 CFR Part 179
Maring safety, Reporting and recordkeeping requirements.
33 CFR Part 181
Labeling, Marine safety, Reporting and recordkeeping requirements.
33 CFR Part 183
Marine safety.
33 CFR Part 187
Marine safety, Reporting and recordkeeping requirements,
Administrative practice and procedure.
For the reasons set out in the preamble, the Coast Guard amends 33
CFR parts 1, 2, 5, 8, 19, 20, 26, 45, 51, 67, 81, 89, 110, 114, 116,
117, 127, 140, 141, 144, 148, 151, 153, 154, 155, 156, 157, 158, 159,
160, 164, 165, 174, 179, 181, 183, and 187 as follows:.
PART 1--GENERAL PROVISIONS
1. The authority citation for part 1 is revised to read as follows:
Authority: 14 U.S.C. 633; 33 U.S.C. 401, 491, 525, 1321, 2716,
and 2716a; 46 U.S.C. 9615; 49 U.S.C. 322; 49 CFR 1.45(b), 1.46;
section 1.01-70 also issued under the authority of E.O. 12580, 3
CFR, 1987 Comp.,
[[Page 33662]]
p. 193; and sections 1.01-80 and 1.01-85 also issued under the
authority of E.O. 12777, 3 CFR, 1991 Comp., p. 351.
Sec. 1.01-60 [Amended]
2. In Sec. 1.01-60, in paragraph (a), remove the words ``Office of
Navigation and Waterway Services,'' and add, in their place, the word
``Operations,''.
Sec. 1.05-1 [Amended]
3. In Sec. 1.05-1, in paragraph (g), remove the words ``Office of
Navigation Safety and Waterway services, and the Chief, Office of
Marine Safety, Security, and Environmental Protection'' and add, in
their place, the words ``Operations, and the Chief, Marine Safety and
Environmental Protection,''.
Sec. 1.10-5 [Amended]
4. In Sec. 1.10-5, in paragraph (a), remove the words ``Commandant
(GA), U.S. Coast Guard, 2100 Second Street SW., Washington, DC 20593''
and add, in their place, the words ``Chief, Office of Information
Management, U.S. Coast Guard Headquarters, 2100 Second Street SW.,
Washington, DC 20593-0001''; and in paragraph (c), remove the words
``Commandant (GA)'' and add, in their place, the words ``Chief, Office
of Information Management,''.
Sec. 1.26-5 [Amended]
5. In Sec. 1.26-5, in paragraph (b), remove the word ``(G-PS-5),''
and add, in their place, the word ``(G-WPM-3),''.
Secs. 1.01-70 and 1.01-80 [Amended]
6. In addition to the amendments set forth above, in 33 CFR part 1,
remove the words ``Office of Marine Safety, Security and Environmental
Protection'' and add, in their place, the words ``Marine Safety and
Environmental Protection'' in the following places:
(a) Section 1.01-70(b); and
(b) Section 1.01-80(b).
PART 2--JURISDICTION
7. The authority citation for part 2 continues to read as follows:
Authority: 14 U.S.C. 633, 80 Stat. 931 (49 U.S.C. 1655(b)); 49
CFR 1.4(b), 1.46(b).
Sec. 2.05-1 [Amended]
8. In Sec. 2.05-1, in paragraph (c), remove the number ``82'' and
add, in its place, the number ``80''.
Sec. 2.05-20 [Amended]
9. In Sec. 2.05-20, in paragraph (b), remove the number ``82'' and
add, in its place, the number ``80''.
PART 5--COAST GUARD AUXILIARY
10. The authority citation for part 5 continues to read as follows:
Authority: 14 U.S.C. 633; 49 CFR 1.46.
11. In Sec. 5.01, paragraph (j) is revised to read as follows:
Sec. 5.01 Definitions
* * * * *
(j) Secretary means the Secretary of Transportation when the Coast
Guard operates in the Department of Transportation or the Secretary of
the Navy when the Coast Guard operates as part of the Navy.
* * * * *
PART 8--UNITED STATES COAST GUARD RESERVE
12. the authority citation for part 8 continues to read as follows:
Authority: 14 U.S.C. 633.
13. Section 8.3 is revised to read as follows:
Sec. 8.3 Organization of the Coast Guard Reserve.
(a) The Coast Guard Reserve is organized, trained and equipped
under the direction of the Commandant.
(b) The Director of Reserve and Training is responsible for the
overall administration and supervision of the Reserve.
(c) In Atlantic Area, Integrated Support Commands have
responsibility for local Reserve issues; however, in Pacific Area,
responsibility for local Reserve issues remains with District
Commanders.
(d) Most Coast Guard Reservists are fully integrated into active
duty Coast Guard units. There, Reservists perform the same duties and
have the same responsibilities as their active duty counterparts. Their
integrated work prepares Reservists to perform the duties of their
mobilization assignments while at the same time providing assistance to
the active service. Some Reservists are assigned to dedicated Reserve
units where they train and mobilize in support of national defense
operations.
14. Section 8.5 is revised to read as follows:
Sec. 8.5 Regulations for the Coast Guard Reserve.
(a) Regulations for the Coast Guard Reserve are established by the
Commandant.
(b) Permanent regulations are published in Coast Guard publications
and manuals and include the following:
(1) Coast Guard Regulations.
(2) Coast Guard Organization Manual.
(3) Coast Guard Reserve Administration and Training Manual.
(4) Personnel Manual.
(5) Recruiting Manual.
(6) Military Justice Manual.
(7) Comptroller Manual.
(c) Temporary regulations and orders affecting Reservists are
included in instructions or notices in the Coast Guard directives
system.
(d) Other regulations that affect the Reserve are located in
Department of Defense and Department of the Navy regulations in Title
32 of the Code of Federal Regulations.
15. Section 8.7 is revised to read as follows:
Sec. 8.7 Information.
(a) Information concerning the Coast Guard Reserve may be obtained
from Commandant (G-WTR), U.S. Coast Guard Headquarters, Washington, DC
20593-0001.
(b) Information and requirements for enlistment in the Coast Guard
Reserve or concerning the procurement of officers for the Coast Guard
Reserve can be obtained from the following offices:
(1) Any Coast Guard Recruiting Office.
(2) Coast Guard Recruiting Center, 4200 Wilson Boulevard, Suite
450, Arlington, VA 22203.
PART 19--WAIVERS OF NAVIGATION AND VESSEL INSPECTION LAWS AND
REGULATIONS \1\
16. The authority citation for part 19 continues to read as
follows:
Authority: Sec. 1, 64 Stat. 1120, sec. 6(b)(1), 80 Stat. 937; 46
U.S.C. note prec. 1, 49 U.S.C. 1655(b)(1); 49 CFR 1.4(a)(2).
Sec. 19.06 [Amended]
17. In Sec. 19.06, in paragraphs (b) and (d), remove the word ``(G-
MVI),'' and add, in its place, the word ``(G-MOC),''.
---------------------------------------------------------------------------
\1\ Also codified as 46 CFR part 6.
---------------------------------------------------------------------------
PART 20--CLASS II CIVIL PENALTIES
18. The authority citation for part 20 continues to read as
follows:
Authority: 33 U.S.C. 1321; 42 U.S.C. 9609; 49 CFR 1.46.
Sec. 20.102 [Amended]
19. In Sec. 20.102, all paragraph designators are removed.
PART 26--VESSEL BRIDGE-TO-BRIDGE RADIOTELEPHONE REGULATIONS
20. The authority citation for part 26 continues to read as
follows:
Authority: 14 U.S.C. 2; 33 U.S.C. 1201-1208; 49 CFR 1.45(b),
1.46; Rule 1, International Regulations for the Prevention of
Collisions at Sea.
[[Page 33663]]
Sec. 26.08 [Amended]
21. In Sec. 26.08, in paragraph (a), remove the words ``Office of
Navigation Safety and Waterway Services,'' and add, in their place, the
words ``Marine Safety and Environmental Protection,''; and in paragraph
(c) introductory text, remove the words, ``Office of Navigation Safety
and Waterway Services,'' and add, in their place, the words ``Marine
Safety and Environmental Protection,''.
PART 45--ENLISTMENT OF PERSONNEL
22. The authority citation for part 45 continues to read as
follows:
Authority: 14 U.S.C. 351, 371; 49 CFR 1.46(b).
Secs. 45.1 and 45.2 [Amended]
23. In 33 CFR part 45, remove the words ``Commandant (G-PMR), U.S.
Coast Guard, Washington, DC 20593.'' and add, in their place, the words
``Coast Guard Recruiting Center, 4200 Wilson Boulevard, Suite 450,
Arlington, VA 22203.'' in the following places:
(a) Section 45.1(b); and
(b) Section 45.2.
PART 51--COAST GUARD DISCHARGE REVIEW BOARD
24. The authority citation for part 51 continues to read as
follows:
Authority: 10 U.S.C. 1553.
Sec. 51.4 [Amended]
25. In Sec. 51.4, all paragraph designators are removed.
Sec. 51.9 [Amended]
26. In Sec. 51.9, in paragraph (b), remove the word ``, (G-PE/44)''
and add, in its place, the word ``(G-WPM),''.
PART 67--AIDS TO NAVIGATION ON ARTIFICIAL ISLANDS AND FIXED
STRUCTURES
27. The authority citation for part 67 continues to read as
follows:
Authority: 14 U.S.C. 85, 633; 43 U.S.C. 1333; 49 CFR 1.46.
Sec. 67.10-25 [Amended]
28. In Sec. 67.10-25, in paragraph (a), remove the words ``U.S.
Coast Guard Short Range Aids to Navigation Division,'' and add, in
their place, the words ``the Office of Aids to Navigation, U.S. Coast
Guard Headquarters,''.
PART 81--72 COLREGS: IMPLEMENTING RULES
29. The authority citation for part 81 is revised to read as
follows:
Authority: 33 U.S.C. 1607; E.O. 11964; 49 CFR 1.46.
Sec. 81.18 [Amended]
30. In Sec. 81.18, in paragraph (b), remove the words ``the Office
of Navigation Safety and Waterway Services,'' and add, in their place,
the words ``Marine Safety and Environmental Protection,''.
PART 89--INLAND NAVIGATION RULES: IMPLEMENTING RULES
31. The authority citation for part 89 continues to read as
follows:
Authority: 33 U.S.C. 2071; 49 CFR 1.46(n)(14).
Sec. 89.18 [Amended]
32. In Sec. 89.18, in paragraph (a), remove the words ``Office of
Navigation Safety and Waterway Services,'' and add, in their place, the
words ``Chief, Marine Safety and Environmental Protection,''.
PART 110--ANCHORAGE REGULATIONS
33. The authority citation for part 110 continues to read as
follows:
Authority: 33 U.S.C. 471, 2071; 49 CFR 1.46 and 33 CFR 1.05-
1(g). Section 110.1a and each section listed in it are also issued
under 33 U.S.C. 1233 and 1231.
Sec. 110.128b [Amended]
34. In Sec. 110.128b, in paragraphs (a) and (b), add the words
``(Datum: OHD)'' following the last sentence.
Sec. 110.128c [Amended]
35. In Sec. 110.128c, redesignate paragraph (a) as introductory
text, and add the words ``(Datum: OHD)'' following the last sentence.
Sec. 110.224 [Amended]
36. In Sec. 110.224, the section heading, and in table
110.224(d)(1) in paragraph (d)(2), the entry for Anchorage No. 19 are
revised, and Note i following the table is removed and reserved, to
read as follows:
Sec. 110.224 San Francisco Bay, San Pablo Bay, Carquinez Strait,
Suisun Bay, Sacramento River, San Joaquin River, and connecting waters,
CA.
* * * * *
(d) * * *
Table 110.224(d)(1)
------------------------------------------------------------------------
Anchorage No. General location Purpose Specific regulations
------------------------------------------------------------------------
* * * * *
19........... do................. do........... Note b.
* * * * *
------------------------------------------------------------------------
Notes: * * *
i. [Reserved]
* * * * *
Secs. 110.236 and 110.237 [Amended]
37. In addition to the amendments set forth above, in 33 CFR part
110, add the words ``(Datum: OHD)'' following the last sentence in the
paragraph in the following places:
(a) Section 110.236 (a)(1), (a)(2), (a)(3), (a)(4), (a)(5), (a)(6),
and (a)(7); and
(b) Section 110.237(a).
PART 114--GENERAL
38. The authority citation for part 114 is revised to read as
follows:
Authority: 33 U.S.C. 401, 491, 499, 521, 525, and 535; 14 U.S.C.
633; 49 U.S.C. 1655(g); 49 CFR 1.46(c).
Sec. 114.01 [Amended]
39. In Sec. 114.01, in paragraphs (a)(2) and (c)(2) add the word
``unreasonably'' immedidately before the word ``obstructive''.
Sec. 114.05 [Amended]
40. In Sec. 114.05, paragraph (l), in both the paragraph heading
and text, remove the words ``Office of Navigation Safety and Waterway
Services'' and add, in their place, the word ``Operations''.
Sec. 114.50 [Amended]
41. In Sec. 114.50, remove the words ``Office of Navigation Safety
and Waterway Services,'' and add, in their place, the words ``Chief,
Office of Bridge Administration,''.
PART 116--ALTERATION OF UNREASONABLY OBSTRUCTIVE BRIDGES
42. The authority citation for part 116 continues to read as
follows:
Authority: 33 U.S.C. 401, 521; 49 U.S.C. CFR 1.4, 1.46(c).
Sec. 116.55 [Amended]
43. In Sec. 116.55, in paragraphs (a) and (b), remove the words
``Bridge Administration Division'' and add, in their place, the words
``Office of Bridge Administration''; and remove the words ``Office of
Navigation Safety and Waterway Services'' and add, in their place, the
word ``Operations''.
Sec. 116.10, 116.15, 116.20, 116.25, 116.30, 116.35, 116.40, and
116.45 [Amended]
44. In addition to the amendment set forth above, in 33 CFR part
116, remove the words ``Bridge Administration Division'' and add, in
their place, the words ``Office of Bridge Administration'' in the
following places:
(a) Section 116.10(c):
(b) Section 116.15 (a), (c), and (d);
(c) Section 116.20 (a) and (b);
[[Page 33664]]
(d) Section 116.25(a);
(e) Section 116.30 section heading, paragraphs (a), (d), (e), and
(g);
(f) Section 116.35(c);
(g) Section 116.40 (a), (b), and (c); and
(h) Section 116.45 (a) and (b).
PART 117--DRAWBRIDGE OPERATION REGULATIONS
45. The authority citation for part 117 continues to read as
follows:
Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 CFR 1.05-1(g); section
117.255 also issued under the authority of Pub. L. 102-587, 106
Stat. 5039.
Sec. 117.15 [Amended]
46. In Sec. 117.15, in paragraph (a)(3), remove the word ``part''
and add, in its place, the word ``party''.
Sec. 117.17 [Amended]
47. In Sec. 117.17, in the text, remove the word ``part'' and add,
in its place, the word ``pass''.
Sec. 117.47 [Amended]
48. In Sec. 117.47, in the section heading and paragraph (a),
remove the word ``gages'' and add, in its place, the word ``gauges'';
and in the note at the end of the section, remove the word ``gage'' and
add, in its place, the word ``gauge''.
49. In Sec. 117.1051, paragraph (e)(2)(i) is revised to read as
follows:
Sec. 117.1051 Lake Washington Ship Canal.
* * * * *
(e) * * *
(2) * * *
(i) The draw need not open from 7 a.m. to 9 a.m. and from 3:30 p.m.
to 6 p.m.
* * * * *
50. In 33 CFR part 117, in Appendix A, the entries for the state of
California are revised to read as follows:
Appendix A to Part 117--Drawbridges Equipped With Radiotelephones
--------------------------------------------------------------------------------------------------------------------------------------------------------
Calling Working
Waterway Mile Location Bridge name and owner Call sign channel channel
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
California
Carquinez Strait...................... 7.0 Martinez................ Southern Pacific RR..... KQ 7193................. 16 14
Cerritos Channel...................... 4.8 Long Beach.............. Henry Ford (Badger) WHX 947................. 16 13
Avenue, Port of Los
Angeles.
4.9 Long Beach.............. Schuyler Heim, CA DOT... KXJ 749................. 16 13
Channel Street........................ 0 San Francisco........... 3rd Street, San WXY 959................. 16 9
Francisco.
0.2 San Francisco........... 4th Street, San WXY 970................. 16 9
Francisco.
Connection Slough..................... 2.5 Mandeville Island....... South Real Estate WHV 225................. 16 9
Company.
Cordelia Slough....................... 1.5 Benicia................. Southern Pacific RR..... KA 98642................ 16 9
Georgianna Slough..................... 4.5 Isleton................. Tyler Island, Sacramento WHU 246................. 16 9
Co.
12.4 Walnut Grove............ Georgianna Sl, WHU 254................. 16 9
Sacramento, Co.
Islais Creek.......................... 0.4 San Francisco........... 3rd Street, San WXY 977................. 16 9
Francisco.
Little Potato Slough.................. 1.0 Terminous............... Potato Slough, CA DOT, KSK 278................. 16 9
SR12.
Middle River.......................... 8.6 Bacon Island............ Bacon Island, San WBE 8326................ 16 9
Joaquin Co.
Mokelumne River....................... 3.0 Isleton................. Mokelumne, CA DOT, SR12. KMJ 382................. 16 9
12.1 Walnut Grove............ Millers Ferry, WBE 8326................ 16 9
Sacramento, Co.
Napa River............................ 2.8 Vallejo................. Mare Island Causeway, Military license only, 16 13
Navy. No FCC..
Oakland Inner Harbor Tidal Canal...... 5.2 Oakland................. Park Street, Alameda WHX 996................. 16 9
County.
5.6 Oakland................. Fruitvale Avenue, WQB 330................. 16 9
Alameda County.
6.0 Oakland................. High Street, Alameda WHX 488................. 16 9
County.
Old River............................. 10.4 Orwood.................. Santa Fe Railroad Bridge WHU 322................. 16 9
14.8 Victoria Island......... Victoria Island, CA DOT. KXE 301................. 16 9
Pacheco Creek......................... 1.1 Martinez................ Avon, Southern Pacific KA 97324................ 16 6
RR.
Petaluma River........................ 13.7 Petaluma................ D Street Bridge, WQX 644................. 16 9
Petaluma.
Sacramento River...................... 12.8 Rio Vista............... Rio Vista, CA DOT, SR12. KMJ 384................. 16 9
15.7 Isleton................. Isleton, CA DOT, SR160.. KMJ 383................. 16 9
26.7 Walnut Grove............ Walnut Grove, Sacto Co., KMJ 491................. 16 9
SR E-13.
33.4 Paintersville........... Paintersville, CA DOT, KMJ 381................. 16 9
SR160.
46.0 Freeport................ Freeport Sacto Co., SR E- KMJ 490................. 16 9
9.
59.0 Sacramento.............. Tower Bridge, CA DOT.... KDO 739................. 16 9
59.4 Sacramento.............. I Street Southern WHW 554................. 16 9
Pacific RR.
San Leandro Bay....................... 0 Alameda................. Bay Farm Island, CA DOT. WHX 870................. 16 9
[[Page 33665]]
Steamboad Slough...................... 11.2 Courtland............... Steamboat Slough, CA WHX 295................. 16 9
DOT, SR160.
Three Mile Slough..................... 0.1 Rio Vista............... Three Mile Slough, CA KMJ 385................. 16 9
DOT, SR160.
Turner Cut............................ 2.3 McDonald Island......... Zuckerman Bros. Br, WHV 959................. 16 9
Delta Farms.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
PART 127--LIQUEFIED NATURAL GAS WATERFRONT FACILITIES
51. The authority citation for part 127 continues to read as
follows:
Authority: 33 U.S.C. 1231; 49 CFR 1.46.
Sec. 127.003 [Amended]
52. In Sec. 127.003, in paragraph (a), remove the word ``(G-MTH),''
and add, in its place, the word ``(G-MOC),''; and in paragraph (b),
under the entry for National Fire Protection Association, before the
words ``Batterymarch Park'' add the number ``1''.
Sec. 127.015 [Amended]
53. In Sec. 127.015, in paragraphs (c)(1) and (d), remove the words
``Office of Marine Safety, Security and Environmental Protection'' and
add, in their place, the words ``Marine Safety and Environmental
Protection''.
PART 140--GENERAL
54. The authority citation for part 140 continues to read as
follows:
Authority: 43 U.S.C. 1333(d)(1), 1348(c), 1356; 49 CFR 1.46.
Sec. 140.7 [Amended]
55. In Sec. 140.7, in paragraph (a), remove the words ``Merchant
Vessel Inspection and Documentation Division (G-MVI),'' and add, in
their place, the words ``Office of Compliance (G-MOC),''; and in
paragraph (b) under American National Standards Institute, remove the
words ``1430 Broadway, New York, NY 10018'' and add, in their place,
the words ``11 West 42nd Street, New York, NY 10036''.
Sec. 140.15 [Amended]
56. In Sec. 140.15, paragraph (b), remove the words ``Coast Guard
Publication CG-190, ``Equipment Lists'' and add, in their place, the
words ``COMDTINST M16714.3 (Series) Equipment List'' and remove the
word ``(G-MVI),'' and add, in its place, the word ``(G-MSE),''.
PART 141--PERSONNEL
57. The authority citation for part 141 is revised to read as
follows:
Authority: 43 U.S.C. 1356; 49 CFR 1.46(z).
Sec. 141.20 [Amended]
58. In Sec. 141.20, in paragraph (c), remove the word ``(G-MVP),''
and add, in its place, the word ``(G-MOC),''.
PART 144--LIFESAVING APPLIANCES
59. The authority citation for part 144 continues to read as
follows:
Authority: 43 U.S.C. 1333d; 46 U.S.C. 3102(a); 46 CFR 1.46.
Sec. 144.30-5 [Amended]
60. In Sec. 144.30-5, in paragraph (a), remove the word ``(G-
MVI),'' and add, in its place, the word ``(G-MSE),''.
PART 148--GENERAL
61. The authority citation for part 148 continues to read as
follows:
Authority: Secs. 5(a), 5(b), Pub. L. 93-627, 88 Stat. 2131 (33
U.S.C. 1504(a), (b)); 49 CFR 1.46(s).
Secs. 148.211 and 148.217 [Amended]
62. In 33 CFR part 148, remove the words ``Office of Marine Safety,
Security and Environmental Protection'' and add, in their place, the
words ``Marine Safety and Environmental Protection'' in the following
places:
(a) Section 148.211 introductory text; and
(b) Section 148.217(a).
PART 151--VESSELS CARRYING OIL, NOXIOUS LIQUID SUBSTANCES, GARBAGE,
MUNICIPAL OR COMMERCIAL WASTE, AND BALLAST WATER
63. The authority citation for part 151 continues to read as
follows:
Authority: 33 U.S.C. 1321(j)(1)(C) and 1903(b); E.O. 12777; 3
CFR, 1991 Comp. p. 351; 49 CFR 1.46.
Sec. 151.1012 [Amended]
64. In Sec. 151.1012, in paragraph (a), remove the word ``(G-MPS-
1),'' and add, in its place, the word ``(G-MOC),''.
Sec. 151.1021 [Amended]
65. In Sec. 151.1021, in paragraphs (b)(1) and (c), remove the
words ``Office of Marine Safety, Security and Environmental
Protection'' and add, in their place, the words ``Marine Safety and
Environmental Protection''.
Sec. 151.27 and 151.28 [Amended]
66. In addition to the amendments set forth above, in 33 CFR part
151, remove the word ``(G-MEP-6)'' and add, in its place, the word
``(G-MOR)'' in the following places:
(a) Section 151.27(b); and
(b) Section 151.28(a), (b), and (c).
PART 153--CONTROL OF POLLUTION BY OIL AND HAZARDOUS SUBSTANCES,
DISCHARGE REMOVAL
67. The authority citation for part 153 continues to read as
follows:
Authority: 14 U.S.C. 633; 33 U.S.C. 1321; 42 U.S.C. 9615; E.O.
12580, 3 CFR, 1987 Comp., p. 193; E.O. 12777, 3 CFR, 1991 Comp., p.
351; 49 CFR 1.45 and 1.46.
Sec. 153.103 [Amended]
68. In Sec. 153.103, in paragraph (d), remove the words ``Office of
Marine Safety, Security and Environmental Protection'' and add, in
their place, the words ``Marine Safety and Environmental Protection''.
PART 154--FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK
69. The authority citation for part 154 continues to read as
follows:
Authority: 33 U.S.C. 1231, 1321(j)(1)(C), (j)(5), (j)(6) and
(m)(2); sec. 2, E.O. 12777, 56 FR 54757; 49 CFR 1.46. Subpart F is
also issued under 33 U.S.C. 2735.
Sec. 154.106 [Amended]
70. In Sec. 154.106, in paragraph (b), under the entry American
National Standards Institute, remove the words ``1430 Broadway, New
York, NY 10018'' and add, in their place, the words ``11 West 42nd
Street, New York, NY 10036''; and under the entry for National Fire
Protection Association, before the words ``Batterymarch Park'' add the
number ``1''.
[[Page 33666]]
Sec. 154.108 [Amended]
71. In Sec. 154.108, in paragraphs (a) and (d), remove the words
``Office of Marine Safety, Security and Environmental Protection'' and
add, in their place, the words ``Marine Safety and Environmental
Protection''.
Sec. 154.1075 [Amended]
72. In Sec. 154.1075, in paragraph (d), remove the word ``(G-
MEP),'' and add, in its place, the word ``(G-MOR),''.
Appendix C, Part 154 [Amended]
73. In 33 CFR part 154, in Appendix C, in paragraph 6.3.2, remove
the word ``(G-MEP-6),'' and add, in its place, the word ``(G-MOR),''.
Secs. 154.800, 154.802, 154.806, 154.822, 154.826, 154.828, and
Appendix A [Amended]
74. In addition to the amendments set forth above, in 33 CFR part
154, remove the word ``(G-MTH)'' and add, in its place, the word ``(G-
MSO)'' in the following places:
(a) Section 154.800(b);
(b) Section 154.802, in the definition of certifying entity;
(c) Section 154.806(a), (b), (d), and the note at the end of the
section;
(d) Section 154.822(a)(2) and (b);
(e) Section 154.826(a)(3);
(f) Section 154.828(a)(3); and
(g) Appendix A to part 154, introductory text.
PART 155--OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION
REGULATIONS FOR VESSELS
75. The authority citation for part 155 continues to read as
follows:
Authority: 33 U.S.C. 1231, 1321(j); 46 U.S.C. 3715; sec. 2, E.O.
12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; 49 CFR 1.46.
Sec. 155.140 [Amended]
76. In Sec. 155.140, in paragraph (a), remove the words ``Marine
Environmental Protection Division (G-MEP), room 2100,'' and add, in
their place the words ``Office of Compliance (G-MOC),''; and in
paragraph (b), under the entry for Oil Companies International Marine
Forum, remove the words ``6th Floor, Portland House, Stag Place, London
SW1E 5BH England'' and add, in their place, the words ``15th Floor, 96
Victoria Street, London SW1E 5JW England''.
Sec. 155.1035 [Amended]
77. In Sec. 155.1035, in paragraph (b)(5)(i), remove the word ``G-
MOS-4'' and add, in its place, the word ``G-MSO-4''.
Sec. 155.1065 [Amended]
78. In Sec. 155.1065, in paragraph (a), remove the word ``(G-
MRO),'' and add, in its place, the word ``(G-MOR),''.
Sec. 155.1070 [Amended]
79. In Sec. 155.1070, paragraph (f), remove the words ``Office of
Marine Safety and Environmental Protection,'' and add, in their place,
the words ``Marine Safety and Environmental Protection,''.
Appendix B to Part 155 [Amended]
80. In 33 CFR part 155, in Appendix B to the part, in paragraph
6.5, remove the word ``(G-MRO)'' and add, in its place, the word ``(G-
MOR)''.
PART 156--OIL AND HAZARDOUS MATERIAL TRANSFER OPERATIONS
81. The authority citation for part 156 continues to read as
follows:
Authority: 33 U.S.C. 1231, 1321(j)(1)(C) and (D); 46 U.S.C.
3703a. Subparts B and C are also issued under 46 U.S.C. 3715.
Sec. 156.110 [Amended]
82. In Sec. 156.110, in paragraphs (a) and (d), remove the words
``Office of Marine Safety, Security and Environmental Protection,'' and
add, in their place, the words ``Marine Safety and Environmental
Protection,''.
Sec. 156.111 [Amended]
83. In Sec. 156.111, in paragraph (a), remove the words ``Marine
Environmental Protection Division (G-MEP), room 2100,'' and add, in
their place the words ``Office of Compliance (G-MOC),''.
PART 157--RULES FOR THE PROTECTION OF THE MARINE ENVIRONMENT
RELATING TO TANK VESSELS CARRYING OIL IN BULK
84. The authority citation for part 157 continues to read as
follows:
Authority: 33 U.S.C. 1903; 46 U.S.C. 3703, 3703a (note); 49 CFR
1.46. Subpart G is issued under section 4115(b), Pub. L. 101-380,
104 Stat. 520.
85. Section 157.03 is revised to read as follows:
Sec. 157.03 Definitions.
Except as otherwise stated in a subpart:
Amidships means the middle of the length.
Ballast voyage means the voyage that a tank vessel engages in after
it leaves the port of final cargo discharge.
Breadth or B means the maximum molded breadth of a vessel in
meters.
Cargo tank length means the length from the forward bulkhead of
the forwardmost cargo tanks, to the after bulkhead of the aftermost
cargo tanks.
Center tank means any tank inboard of a longitudinal bulkhead.
Clean ballast means ballast which:
(1) If discharged from a vessel that is stationary into clean, calm
water on a clear day, would not--
(i) Produce visible traces of oil on the surface of the water or on
adjoining shore lines; or
(ii) Cause a sludge or emulsion to be deposited beneath the surface
of the water or upon adjoining shore lines; or
(2) If verified by an approved cargo monitor and control system,
has an oil content that does not exceed 15 p.m.
Combination carrier means a vessel designed to carry oil or solid
cargoes in bulk.
Crude oil means any liquid hydrocarbon mixture occurring naturally
in the earth, whether or not treated to render it suitable for
transportation, and includes crude oil from which certain distillate
fractions may have been removed, and crude oil to which certain
distillate fractions may have been added.
Deadweight or DWT means the difference in metric tons between the
lightweight displacement and the total displacement of a vessel
measured in water of specific gravity 1.025 at the load waterline
corresponding to the assigned summer freeboard.
Dedicated clean ballast tank means a cargo tank that is allocated
solely for the carriage of clean ballast.
Domestic trade means trade between ports or places within the
United States, its territories and possessions, either directly or via
a foreign port including trade on the navigable rivers, lakes, and
inland waters.
Double bottom means watertight protective spaces that do not carry
any oil and which separate the bottom of tanks that hold any oil within
the cargo tank length from the outer skin of the vessel.
Double hull means watertight protective spaces that do not carry
any oil and which separate the sides, bottom, forward end, and aft end
of tanks that hold any oil within the cargo tank length from the outer
skin of the vessel as prescribed in Sec. 157.10d.
Doubles sides means watertight protective spaces that do not carry
any oil and which separate the sides of tanks that hold any oil within
the cargo tank length from the outer skin of the vessel.
Existing vessel means means any vessel that is not a new vessel.
Foreign trade means any trade that is not domestic trade.
From the nearest land means means from the baseline from which the
[[Page 33667]]
territorial sea of the United States is established in accordance with
international law.
Inland vessel means a vessel that is not oceangoing and that does
not operate on the Great Lakes.
Instantaneous rate of discharge of oil content means the rate of
discharge of oil in liters per hour at any instant, divided by the
speed of the vessel in knots at the same instant.
Integrated tug barge means a tug and a tank barge with a mechanical
system that allows the connection of the propulsion unit (the tug) to
the stern of the cargo carrying unit (the tank barge) so that the two
vessels function as a single self-propelled vessel.
Large primary structural member includes any of the following:
(1) Web frames.
(2) Girders.
(3) Webs.
(4) Main brackets.
(5) Transverses.
(6) Stringers.
(7) Struts in transverse web frames when there are 3 or more struts
and the depth of each is more than \1/15\ of the total depth of the
tank.
Length or L means the distance in meters from the fore side of the
stem to the axis of the rudder stock on a waterline at 85 percent of
the least molded depth measured from the molded baseline, or 96 percent
of the total length on that waterline, whichever is greater. In vessels
designed with drag, the waterline is measured parallel to the designed
waterline.
Lightweight means the displacement of a vessel in metric tons
without cargo, oil fuel, lubricating oil, ballast water, fresh water,
and feedwater in tanks, consumable stores, and any persons and their
effects.
Major conversion means a conversion of an existing vessel that:
(1) Substantially alters the dimensions or carrying capacity of the
vessel, except a conversion that includes only the installation of
segregated ballast tanks, dedicated clean ballast tanks, a crude oil
washing system, double sides, a double bottom, or a double hull;
(2) Changes the type of vessel;
(3) Substantially prolongs the vessel's service life; or
(4) Otherwise so changes the vessel that it is essentially a new
vessel, as determined by the Commandant (G-MOC).
MARPOL Protocol means the Protocol of 1978 Relating to the
International Convention for the Prevention of Pollution from Ships,
1973, done at London on February 17, 1978. This Protocol incorporates
and modifies the International Convention for the Prevention of
Pollution from Ships, 1973, done at London on November 2, 1973.
New vessel means:
(1) A U.S. vessel in domestic trade that:
(i) Is constructed under a contract awarded after December 31,
1974;
(ii) In the absence of a building contract, has the keel laid or is
at a similar stage of construction after June 30, 1975;
(iii) Is delivered after December 31, 1977; or
(iv) Has undergone a major conversion for which:
(A) The contract is awarded after December 31, 1974;
(B) In the absence of a contract, conversion is begun after June
30, 1975; or
(C) Conversion is completed after December 31, 1977; and
(2) A foreign vessel or a U.S. vessel in foreign trade that:
(i) Is constructed under a contract awarded after December 31,
1975;
(ii) In the absence of a building contract, has the keel laid or is
at a similar stage of construction after June 30, 1976;
(iii) Is delivered after December 31, 1979; or
(iv) Has undergone a major conversion for which:
(A) The contract is awarded after December 31, 1975;
(B) In the absence of a contract, conversion is begun after June
30, 1976; or
(C) Conversion is completed after December 31, 1979.
Oceangoing has the same meaning as defined in Sec. 151.05 of this
chapter.
Oil means oil of any kind or in any form including, but not limited
to, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes
other than dredged spoil. This includes liquid hydrocarbons as well as
animal and vegetable oils.
Oil fuel means any oil used as fuel for machinery in the vessel in
which it is carried.
Oil spill response vessel means a vessel that is exclusively
dedicated to operations to prevent or mitigate environmental damage due
to an actual or impending accidental oil spill. This includes a vessel
that performs routine service as an escort for a tank vessel, but
excludes a vessel that engages in any other commercial activity, such
as the carriage of any type of cargo.
Oil tanker means a vessel that is constructed or adapted primarily
to carry crude oil or products in bulk as cargo. This includes a tank
barge, a tankship, and a combination carrier, as well as a vessel that
is constructed or adapted primarily to carry noxious liquid substances
in bulk as cargo and which also carries crude oil or products in bulk
as cargo.
Oil mixture means a mixture with any oil content.
Permeability of a space means the ratio of the volume within a
space that is assumed to be occupied by water to the total volume of
that space.
Product means any liquid hydrocarbon mixture in any form, except
crude oil, petrochemicals, and liquefied gases.
Segregated ballast means the ballast water introduced into a tank
that is completely separated from the cargo oil and oil fuel system and
that is permanently allocated to the carriage of ballast.
Slop tank means a tank specifically designated for the collection
of cargo drainings, washings, and other oil mixtures.
Tank means an enclosed space that is formed by the permanent
structure of a vessel, and designed for the carriage of liquid in bulk.
Tank barge means a tank vessel not equipped with a means of self-
propulsion.
Tank vessel means a vessel that is constructed or adapted primarily
to carry, or that carries, oil or hazardous material in bulk as cargo
or cargo residue, and that--
(1) Is a vessel of the United States;
(2) Operates on the navigable waters of the United States; or
(3) Transfers oil or hazardous material in a port or place subject
to the jurisdiction of the United States. This does not include an
offshore supply vessel, or a fishing vessel or fish tender vessel of
not more than 750 gross tons when engaged only in fishing industry.
Tankship means a tank vessel propelled by mechanical power or sail.
Wing tank means a tank that is located adjacent to the side shell
plating.
Sec. 157.06 [Amended]
85a. In Sec. 157.06, in paragraph (c), remove the words ``Office of
Merchant Marine Safety'' and add, in their place, the words ``Marine
Safety and Environmental Protection'', each time they appear in the
paragraph.
Sec. 157.06 and 157.306 [Amended]
86. In addition to the amendments set forth above, in 33 CFR part
157, remove the words ``Office of Marine Safety, Security and
Environmental Protection'' and add, in their place, the words ``Marine
Safety and Environmental Protection'' in the following places:
(a) Section 157.06(c);
[[Page 33668]]
(b) Section 157.06(d); and
(c) Section 157.306(a).
Secs. 157.04, 157.24a, 157.102, 157.110, 157.144, 157.147, 157.202,
157.208, 157.302, and 157.306 [Amended]
87. In addition to the amendments set forth above, in 33 CFR part
157, remove the word ``(G-MVI)'' and add, in its place, the word ``(G-
MOC)'' in the following places:
(a) Section 157.04(b) and (d)(5);
(b) Section 157.24a (b)(1) and (c)(1);
(c) Section 157.102 introductory text;
(d) Section 157.110 introductory text;
(e) Section 157.144(a);
(f) Section 157.147(a);
(g) Section 157.202 introductory text;
(h) Section 157.208 introductory text;
(i) Section 157.302(a); and
(j) Section 157.306(c).
PART 158--RECEPTION FACILITIES FOR OIL, NOXIOUS LIQUID SUBSTANCES,
AND GARBAGE
88. The authority citation for part 158 continues to read as
follows:
Authority: 33 U.S.C. 1903(b); 49 CFR 1.46.
89. Section 158.140(a)(2) is revised to read as follows:
Sec. 158.140 Applying for a Certificate of Adequacy.
(a) * * *
(1) * * *
(2) An applicant for a Certificate of Adequacy required by section
158.135(c) must apply on Form C to the COTP of the Zone in which the or
terminal is located.
* * * * *
Sec. 158.160 [Amended]
90. In Sec. 158.160, in paragraph (c) introductory text, remove the
words ``Commandant (G-MPS-1) or''.
Sec. 158.190 [Amended]
91. In Sec. 158.190, in paragraphs (c)(1) and (d), remove the words
``Office of Marine Safety, Security and Environmental Protection'' and
add, in their place, the words ``Marine Safety and Environmental
Protection''.
PART 159--MARINE SANITATION DEVICES
92. The authority citation for part 159 continues to read as
follows:
Authority: Sec. 312(b)(1), 86 Stat. 871 (33 U.S.C. 1322(b)(1));
49 CFR 1.45(b) and 1.46 (l) and (m).
93. Section 159.3 is revised to read as follows:
Sec. 159.3 Definitions.
In this part:
Coast Guard means the Commandant or his authorized representative.
Discharge includes, but is not limited to, any spilling, leaking,
pouring, pumping, emitting, emptying, or dumping.
Existing vessel includes any vessel, the construction of which was
initiated before January 30, 1975.
Fecal coliform bacteria are those organisms associated with the
intestine of warm-blooded animals that are commonly used to indicate
the presence of fecal material and the potential presence of organisms
capable of causing human disease.
Inspected vessel means any vessel that is required to be inspected
under 46 CFR Ch. I.
Manufacturer means any person engaged in manufacturing, assembling,
or importing of marine sanitation devices or of vessels subject to the
standards and regulations promulgated under section 312 of the Federal
Water Pollution Control Act.
Marine sanitation device and device includes any equipment for
installation on board a vessel which is designed to receive, retain,
treat, or discharge sewage, and any process to treat such sewage.
New vessel includes any vessel, the construction of which is
initiated on or after January 30, 1975.
Person means an individual, partnership, firm, corporation, or
association, but does not include an individual on board a public
vessel.
Public vessel means a vessel owned or bare-boat chartered and
operated by the United States, by a State or political subdivision
thereof, or by a foreign nation, except when such vessel is engaged in
commerce.
Recognized facility means any laboratory or facility listed by the
Coast Guard as a recognized facility under this part.
Sewage means human body wastes and the wastes from toilets and
other receptacles intended to receive or retain body waste.
Territorial seas means the belt of the seas measured from the line
of ordinary low water along that portion of the coast which is in
direct contact with the open sea and the line marking the seaward limit
of inland waters, and extending seaward a distance of 3 miles.
Type I marine sanitation device means a device that, under the test
conditions described in Secs. 159.123 and 159.125, produces an effluent
having a fecal coliform bacteria count not greater than 1,000 per 100
milliliters and no visible floating solids.
Type II marine sanitation device means a device that, under the
test conditions described in Secs. 159.126 and 159.126a, produces an
effluent having a fecal coliform bacteria count not greater than 200
per 100 milliliters and suspended solids not greater than 150
milligrams per liter.
Type III marine sanitation device means a device that is designed
to prevent the overboard discharge of treated or untreated sewage or
any waste derived from sewage.
Uninspected vessel means any vessel that is not required to be
inspected under 46 CFR Chapter I.
United States includes the States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa,
the Canal Zone, and the Trust Territory of the Pacific Islands.
Vessel includes every description of watercraft or other artificial
contrivance used, or capable of being used, as a means of
transportation on the waters of the United States.
Sec. 159.201 [Amended]
94. In Sec. 159.201, in paragraph (a), remove the word ``(G-MVI),''
and add, in its place, the word ``(G-MOC),''.
Secs. 159.12, 159.15, 159.17, 159.19, and 159.205 [Amended]
95. In addition to the amendments set forth above, in 33 CFR part
159, remove the word ``(G-MVI),'' and add, in its place, the word ``(G-
MSE),'' in the following places:
(a) Section 159.12(c);
(b) Section 159.15 (a) and (c);
(c) Section 159.17 (a) and (c);
(d) Section 159.19(a); and
(e) Section 159.205 (j) and (k).
PART 160--PORTS AND WATERWAYS SAFETY--GENERAL
96. The authority citation for part 160 continues to read as
follows:
Authority: 33 U.S.C. 1231; 46 U.S.C. 3703a (note); 49 CFR 1.46.
Section 160.207(c)(5) is issued under 4115(b), Pub. L. 101-380, 104
Stat. 520.
Sec. 160.7 [Amended]
97. In Sec. 160.7, in paragraph (c), remove the words ``Office of
Marine Safety, Security and Environmental Protection'' and add, in
their place, the words ``Marine Safety and Environmental Protection''
wherever it appears in the paragraph.
Sec. 160.113 [Amended]
98. In Sec. 160.113, in paragraph (d), remove the word
``operationg'' and add, in its place,the word ``operating''.
Sec. 160.201 [Amended]
99. In Sec. 160.201, in paragraph (c) introductory text, remove the
words ``Sections 160.207 and 160.209 do'' and
[[Page 33669]]
add, in their place, the words ``Section 160.207 does''.
PART 164--NAVIGATION SAFETY REGULATIONS
100. The authority citation for part 164 continues to read as
follows:
Authority: 33 U.S.C. 1231; 46 U.S.C. 2103, 3703; 49 CFR 1.46.
Sec. 164.13 also issued under 46 U.S.C. 8502 sec. 4114(a), Pub. L.
101-380, 104 Stat. 517 (46 U.S.C. 3703 note). Sec. 164.61 also
issued under 46 U.S.C. 6101.
Sec. 164.03 [Amended]
101. In Sec. 164.03, in paragraph (a), remove the words ``U.S.
Coast Guard, Marine Environmental Protection Division (G-MEP), room
2100'' and add, in their place, the words ``Office of Vessel Traffic
Management (G-MOV), Coast Guard Headquarters''.
Sec. 164.41 [Amended]
102. In Sec. 164.41, in paragraph (a)(3), remove the words ``Office
of Navigation Safety and Waterway Services,'' and add, in their place,
the words ``Chief, Operations,''.
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
103. The authority citation for part 165 continues to read as
follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g),
6.04-1, 6.04-6 and 160.5; 49 CFR 1.46.
Part 165, Subpart F [Amended]
104. In 33 CFR part 165, in the Table of Contents, under Subpart F,
remove the entry for Sec. 165.T01-134.
Sec. 165.T01-005 [Removed]
105. Section 165.T01-005 is removed.
Secs. 165.202, 165.203, and 165.204 [Redesignated as Secs. 165.815,
165.817, and 165.819]
106. Sections 165.202, 165.203, and 165.204 are redesignated as
sections 165.815, 165.817, and 165.819.
Sec. 165.702 [Removed]
107. Section 165.702 is removed.
Sec. 165.1112 [Removed]
Section 165.1112 is removed.
Sec. 165.1402 [Amended]
108. In Sec. 165.1402, in paragraphs (a) and (b)(4), add the words
``(Based on WGS 84 Datum)'' following the last sentence in the
paragraph.
Sec. 165.1406 [Amended]
109. In Sec. 165.1406, in paragraph (a), add the words ``(Datum:
OHD)'' following the last sentence in the paragraph.
PART 174--STATE NUMBERING AND CASUALTY REPORTING SYSTEMS
110. The authority citation for part 174 continues to read as
follows:
Authority: 46 U.S.C. 6101, 12302; 49 CFR 1.46.
Sec. 174.3 [Amended]
111. In Sec. 174.3, all paragraph designators are removed.
Secs. 174.7 and 174.125 [Amended]
112. In addition to the amendments set forth above, in 33 CFR part
174, remove the words ``U.S. Coast Guard Auxiliary, Boating, and
Consumer Affairs Division,'' and add, in their place, the words
``Office of Boating Safety,'' in the following places:
(a) Section 174.7; and
(b) Section 174.125.
PART 179--DEFECT NOTIFICATION
113. The authority citation for part 179 continues to read as
follows:
Authority: 43 U.S.C. 1333; 46 U.S.C. 4302, 4307, 4310, and 4311;
49 CFR 1.46.
Sec. 179.19 [Amended]
114. In Sec. 179.19, in the text, remove the words ``U.S. Coast
Guard Recreational Boating Product Assurance Branch,'' and add, in
their place, the words ``Recreational Boating Product Assurance
Division,''.
PART 181--MANUFACTURER REQUIREMENTS
115. The authority citation for part 181 continues to read as
follows:
Authority: 46 U.S.C. 4302 and 4310; 49 CFR 1.46.
116. Section 181.3 is revised to read as follows:
Sec. 181.3 Definitions.
As used in this part:
Associated equipment means:
(1) Any system, part, or component of a boat as originally
manufactured or any similar part or component manufactured or sold for
replacement, repair, or improvement of such system, part, or component;
(2) Any accessory or equipment for, or appurtenance to, a boat; and
(3) Any marine safety article, accessory, or equipment intended for
use by a person or board a boat; but
(4) Excluding radio equipment.
Boat means any vessel manufactured or used primarily for
noncommercial use; leased, or rented, or chartered to another for the
latter's noncommercial use; or engaged in the carrying of six or fewer
passengers.
Date of certification means the date on which a boat or item of
associated equipment is certified to comply with all applicable U.S.
Coast Guard safety standards in effect on that date.
Date of manufacture means the month and year during which
construction or assembly of a boat or item of associated equipment
begins.
Manufacturer means any person engaged in:
(1) The manufacture, construction, or assembly of boats or
associated equipment; or
(2) The importation into the United States for sale of boats,
associated equipment, or components thereof.
Model year means the period beginning August 1 of any year and
ending on July 31 of the following year. Each model year is designated
by the year in which it ends.
Private label merchandiser means any person engaged in the business
of selling and distributing, under his own trade name, boats, or items
of associated equipment manufactured by another.
Sec. 181.4 [Amended]
117. In Sec. 181.4, paragraph (a), remove the words ``United States
Coast Guard Survival Systems Branch (G-MVI-3),'' and add, in their
place, the words ``Lifesaving and Fire Safety Standards Division (G-
MSE-4),''.
Secs. 181.31 and 181.33 [Amended]
118. In addition to the amendments set forth above, in 33 CFR part
181, remove the words ``U.S. Coast Guard Recreational Boating Product
Assurance Branch,'' and add, in their place, the words ``Recreational
Boating Product Assurance Division,'' in the following places:
(a) Section 181.31 (a) and (b); and
(b) Section 181.33(b).
PART 183--BOATS AND ASSOCIATED EQUIPMENT
119. The authority citation for part 183 continues to read as
follows:
Authority: 46 U.S.C. 4302; 49 CFR 1.46.
120. In Section 183.3 the definitions are revised to read as
follows:
Sec. 183.3 Definitions.
Beam means the transverse distance between the outer sides of the
boat excluding handles, and other similar fittings, attachments, and
extensions.
Boat means any vessel manufactured or used primarily for
noncommercial use; leased, rented, or chartered to another for the
latter's noncommercial use; or engaged in the carrying of six or fewer
passengers.
Full transom means a transom with a maximum width which exceeds
one-half the maximum beam of the boat.
[[Page 33670]]
Length means the straight line horizontal measurement of the
overall length from the foremost part of the boat to the aftermost part
of the boat, measured from end to end over the deck excluding sheer,
and measured parallel to the centerline. Bow sprits, bumpkins, rudders,
outboard motor brackets, handles, and other similar fittings,
attachments, and extensions are not included in the measurement.
Monohull boat means a boat on which the line of intersection of the
water surface and the boat at any operating draft forms a single closed
curve. For example, a catamaran, trimaran, or a pontoon boat is not a
monohull boat.
Motorwell means any arrangement of bulkheads or structures that
prevents water from entering the passenger carrying area of the boat
through any cutout area in the transom for mounting an outboard motor.
Motorwell height means the vertical distance from the lowest point
of water ingress along the top of the motorwell to a line representing
a longitudinal extension of the centerline of the boat's bottom
surface, excluding keels. This distance is measured as a projection on
the centerline plane of the boat. See Figure 183.3.
Permanent appurtenances means equipment that is mounted or
fastened, so that it is not removable without the use of tools. Seats,
inboard engines, windshields, helm stations, or hardtops are permanent
appurtenances. Outboard motors, controls, batteries, and portable fuel
tanks are not permanent appurtenances.
Remote steering means any mechanical assist device which is rigidly
attached to the boat and used in steering the vessel, including but not
limited to mechanical, hydraulic, or electrical control systems.
Sailboat means a boat designed or intended to use sails as the
primary means of propulsion.
Sheer means the topmost line in a boat's side. The sheer intersects
the vertical centerline plane of the boat at the forward end and
intersects the transom (stern) at the aft end. For the purposes of this
definition, the topmost line in a boat's side is the line defined by a
series of points of contact with the boat structure, by straight lines
at 45 degree angles to the horizontal and contained in a vertical plane
normal to the outside edge of the boat as seen from above and which are
brought into contact with the outside of the horizontal boat. A boat is
horizontal when it is transversely level and when the lowest points at
40 percent and 75 percent of the boat's length behind the most forward
point of the boat are level.
Transom means the surface at the stern of a boat projecting or
facing aft. The upper boundary of the transom is the line defined by a
series of points of contact, with the boat structure, by straight lines
at 45 degree angles to the horizontal and contained in a vertical
longitudinal plane and which are brought into contact with the stern of
the horizontal boat. A boat is horizontal when it is transversely level
and when the lowest points at 40 percent and 75 percent of the boat's
length behind the most forward point of the boat are level.
Vessel includes every description of watercraft, other than a
seaplane on the water, used or capable of being used as a means of
transportation on the water.
* * * * *
Sec. 183.5 [Amended]
121. In Sec. 183.5, in paragraph (a), remove the words ``United
States Coast Guard Recreational Boating Product Assurance Branch,'' and
add, in their place, the words ``Recreational Boating Product Assurance
Division,''; and in paragraph (b), under the entry for Institute of
Electrical and Electronic Engineers, remove the words ``3435 East 47th
Street, New York, NY 10017'' and add, in their place, the words ``445
Hoes Lane, Piscataway, NJ 08854''; and under the entry for National
Fire Protection Association, before the words ``Batterymarch Park'' add
the number ``1''.
Sec. 183.110 [Amended]
122. In Sec. 183.110, in the definition of ASTM, remove the words
``Room 4210,'' and add, in their place, the words ``Room 1308,''; and
remove the word ``appoved'' and add, in its place, the word
``approved''.
Sec. 183.402 [Amended]
123. In Sec. 183.402, all paragraph designators are removed.
PART 187--VESSEL IDENTIFICATION SYSTEM
124. The authority citation for part 187 continues to read as
follows:
Authority: 46 U.S.C. 2103; 49 CFR 1.46.
Secs. 187.7 and 187.9 [Amended]
125. In 33 CFR part 187, remove the word ``(G-NAB)'' and add, in
its place, the word ``(G-OPB)'' in the following places:
(a) Section 187.7(a); and
(b) Section 187.9(b).
Dated: June 21, 1996.
Howard L. Hime,
Acting Director of Standards, Marine Safety and Environmental
Protection.
[FR Doc. 96-16488 Filed 6-27-96; 8:45 am]
BILLING CODE 4910-14-M
Complete official Federal Register PDF
FR Doc. 96-16476 Rule Concerning Disclosures Regarding Energy Consumption and Water use of Certain Home Appliances and Other Products Required Under the Energy Policy and Conservation Act (``Appliance Labeling Rule'')
[Federal Register Volume 61, Number 126 (Friday, June 28, 1996)]
[Rules and Regulations]
[Pages 33651-33654]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16476]
=======================================================================
-----------------------------------------------------------------------
FEDERAL TRADE COMMISSION
16 CFR Part 305
Rule Concerning Disclosures Regarding Energy Consumption and
Water use of Certain Home Appliances and Other Products Required Under
the Energy Policy and Conservation Act (``Appliance Labeling Rule'')
AGENCY: Federal Trade Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Federal Trade Commission (``Commission'') issues final
amendments to the Appliance Labeling Rule (``the Rule'') to permit the
placement of energy use labels required by the Canadian and Mexican
governments in a location ``directly adjoining'' the Rule's required
``EnergyGuide'' label. Previously the Rule prohibited the affixation of
non-required information ``on or directly adjoining'' the EnergyGuide.
The relaxation of this prohibition will further the goal of the North
American Free Trade Agreement (``NAFTA'') to make compatible the
standards-related measures of the signatories to facilitate trade in a
good or service among the parties. Moreover, the amendment will result
in considerable savings for the appliance manufacturing industry.
EFFECTIVE DATE: June 28, 1996.
FOR FURTHER INFORMATION CONTACT: James G. Mills, Attorney, Division of
Enforcement, Federal Trade Commission, Washington, D.C. 20580 (202-326-
3035).
SUPPLEMENTARY INFORMATION:
I. Background
A. The Request by Whirlpool
In July, 1995, the Whirlpool Corporation (``Whirlpool'') requested
permission to use hang tag EnergyGuide labels that have the
corresponding Canadian ``EnerGuide'' appliance energy use label printed
on the reverse side, and/or permission to use a single stick-on or hang
tag label consisting of the Commission's EnergyGuide immediately next
to (or above) the appropriately corresponding Canadian EnerGuide.
Whirlpool also asked for permission to label in the same manner using
the appliance energy use label required by Mexico, or using all three
labels.
In support of its request, Whirlpool stated that the continued
existence of separate appliance labeling requirements among the United
States, Canada, and Mexico represents an obstacle to free trade among
the signatories to NAFTA. Whirlpool contended that the ability to print
the labels required by the three countries next to each other on a
single piece of label stock would mitigate the impact of that obstacle.
Whirlpool also stated that using such labels would save Whirlpool
significant resources--by reducing the number of separate U.S. and
Canadian models of appliances that Whirlpool produces and by reducing
labeling expenses.
B. Applicable Sections of the Appliance Labeling Rule
Section 305.11(a)(5)(i)(K) of the Rule, 16 CFR 305.11(a)(5)(i)(K),
states that: No marks or information other than that specified in this
Part shall appear on or directly adjoining [the EnergyGuide] label
except for a part or publication number identification, as desired by
the manufacturer. * * * [emphasis added]
The language in this section pertains to labels for refrigerators,
refrigerator-freezers, freezers, dishwashers, clothes washers, water
heaters, and room air conditioners. Identical language appears in two
other sections relating to labels for furnaces and pool heaters (16 CFR
305.11(a)(5)(ii)(I)) and central air conditioners (16 CFR
305.11(a)(5)(iii)(H)(1)). The purpose of this prohibition was to avoid
having other information detract from the Energy Guide label.
C. The Notice of Proposed Rulemaking
The Commission agreed that permitting manufacturers to use side-by-
side or back-to-back labeling that included the energy use labels of
the three NAFTA signatories could further the goals of NAFTA and could
reduce the cost of compliance with the Rule. The Commission, therefore,
on February 22, 1996, issued a Notice of Proposed Rulemaking (``NPR'')
proposing amendments to the above-referenced sections of the Rule.\1\
---------------------------------------------------------------------------
\1\ 61 FR 6801.
---------------------------------------------------------------------------
In the NPR, the Commission addressed whether permitting this type
of labeling would result in consumer confusion. The Commission reasoned
that, because the EnergyGuide is the only one of the three labels that
is exclusively in English, and because there are two disclosures on it
stating that the information is derived from U.S. government tests and
utility costs, U.S. consumers may realize that only one label is
pertinent to them. Further, the United States and Canada, and, to a
slightly lesser extent, Mexico, use compatible test procedures for
identifying energy use, and require information to be reported in terms
of kilowatt-hour use per year. Thus, the Commission concluded
preliminarily that the similarity of the information being disclosed on
each country's label may make the possibility of confusion less likely.
Moreover, U.S. consumers are already seeing Canadian labels on some
appliances (especially in the northern states), and possibly Mexican
labels, although not directly adjoining the EnergyGuide. Finally, the
Commission pointed out that, on many
[[Page 33652]]
packages, instruction manuals, and labels that accompany products
destined for multiple countries, consumers are presented with
information in more than one language. Thus, the Commission tentatively
determined that consumers are not likely to be confused or misled by
the presence of multiple appliance energy use labels, as long as they
can clearly distinguish which is intended for the U.S. audience.
The Commission noted in the NPR that it has worked closely with
representatives of the Canadian EnerGuide program over the past two
years to explore regulatory harmonization under NAFTA. This work has
centered around each country's recent review of its respective
appliance labeling rule, with both considering each other's research
and proposed changes. More recently, representatives of the Mexican
government have joined in this dialogue. The Commission stated its
intention to continue this cooperative pursuit of tri-lateral
harmonization to determine whether a single label can be designed that
effectively fulfills the requirements of all three countries, and
characterized the proposed amendments as an interim measure to provide
manufacturers greater labeling flexibility to facilitate trade.
To obtain more information regarding its proposal, the Commission
posed the following questions in the NPR:
1. Would allowing energy use labels required by the Canadian or
Mexican governments to be placed next to the U.S. EnergyGuide be likely
to detract from the effectiveness of the EnergyGuide or cause consumer
confusion?
2. Should the Commission limit the information that the amendments
would permit to be placed ``directly adjoining'' the EnergyGuide only
to energy use disclosures required by the governments of Canada and
Mexico? For example, should the amendments permit additional
information required by the governments of Canada and Mexico, such as
environmental or safety-related information, also to be placed
``directly adjoining'' the EnergyGuide?
3. Should the Commission limit the amendments to apply to energy
use (or other) information required only by the governments of Canada
and Mexico, or should the amendments permit energy use (or other)
information required by the governments of all other nations?
II. Discussion of Comments
The Commission received four comments in response to the NPR.\2\
Three comments were from manufacturers of major household
appliances,\3\ and one was from a trade association representing
manufacturers.\4\ All the comments supported the proposed amendments.
---------------------------------------------------------------------------
\2\ The comments are found on the Public Record at the Federal
Trade Commission in Washington, D.C., under Rulemaking Record Number
R611004 (Appliance Labeling Rule). They are numbered B19229500001-
B19229500004. The numerical prefix ``B192295'' identifies the
comments as being in response to the NPR. In this notice, the
comments are cited by an identification of the commentor, the last
two digits of the comment number, and the relevant page number(s),
e.g., ``Whirlpool, 02, 2-3.'' The four comments were from: The
Association of Home Appliance Manufacturers (``AHAM, 01''); The
Whirlpool Corporation (``Whirlpool, 02''); White Consolidated
Industries, Inc. (``White, 03''); and, W.C. Wood Company, Inc.
(``Wood, 04'').
\3\ Wood, 04; Whirlpool, 02; White, 03.
\4\ AHAM, 01.
---------------------------------------------------------------------------
A. Amending the Rule To Permit Placement of Canadian and Mexican Energy
Use Labels in Close Proximity to the EnergyGuide
AHAM and Whirlpool agreed with the Commission that the proposed
amendments would promote the intend of NAFTA to facilitate the free
flow of commerce across North American international boundaries.\5\
AHAM, White, and Wood agreed that the proposed amendments would benefit
appliance manufacturers until the Commission's Rule could be harmonized
with the energy use regulations of Canada and Mexico.\6\ These comments
commended the Commission for its continuing efforts at harmonization
and its goal of developing a single energy use label that meets the
requirements of all three NAFTA signatories.\7\
---------------------------------------------------------------------------
\5\ AHAM, 01, 2; Whirlpool, 02, 1.
\6\ AHAM, 01, 2; White, 03, 1; Wood, 04, 2.
\7\ Id.
---------------------------------------------------------------------------
AHAM, Whirlpool, and Wood stated that the proposed amendments would
enable manufacturers to comply with the Rule more efficiently and
economically.\8\ Wood explained:
---------------------------------------------------------------------------
\6\ AHAM, 01, 1-2; Whirlpool, 02, 1, 3; Wood, 04, 1.
---------------------------------------------------------------------------
Allowing the placement of any two or all three of the energy
labels on applicable models side by side, above and below or on a
single label or hang tag will allow our company to reduce the number
of [stock-keeping units) required to be built and tracked. The
reason for this is that a great many of the appliances going to
Canada and Mexico are identical to that produced for the domestic
market, with the only difference being the energy' label. In order
to build this change on the production line and keep track of the
`energy' label through the warehouse and distribution chain, a
separate and unique model is built.
The appliance industry is a very competitive market and with
NAFTA it is a very competitive North American market. A relaxation
in the current labeling rules will provide our company with real
economic benefits.\9\
---------------------------------------------------------------------------
\9\ Wood, 04, 1.
---------------------------------------------------------------------------
B. Would the Proposed Amendments Be Likely To Result in Consumer
Confusion or Detraction From the EnergyGuide?
The comments unanimously concluded that placement of Canadian and/
or Mexican energy use labels next to the EnergyGuide would not detract
from the Commission's label and would not confuse consumers.\10\
Whirlpool's reasoning was representative of all the comments:
\10\ AHAM, 01, 3, 4; Whirlpool, 02, 2; White, 03, 1; Wood, 04,
2.
---------------------------------------------------------------------------
The primary energy descriptors are identical for all three
nations and the U.S. label is the only one written entirely in
English. Also, the FTC label notes that energy consumption estimates
are based on U.S. government standard tests. Furthermore, we submit
that consumers are becoming more and more sophisticated in quickly
identifying the differences in instructional and point of purchase
labels since an increasing number of such materials are being
written in multilingual script to accommodate world marketing
trends.\11\
---------------------------------------------------------------------------
\11\ Whirlpool, 02, 2.
---------------------------------------------------------------------------
C. Should the Proposed Amendments Be Limited To Apply Only to Energy
Use Labels? Should the Proposed Amendments Be Limited To Apply Only to
Information Required by the Canadian and Mexican Governments?
All four comments agreed that the proposed amendments should apply
only to energy use disclosure labels.\12\ They reasoned that too many
unrelated labels next to the EnergyGuide would detract from its message
and cause information overload and confusion. As suggested by White,
other information may be more appropriate communicated in care and use
manuals:
\12\ AHAM, 01, 3-4; Whirlpool, 02, 1-2; White, 03, 1; Wood, 04,
2.
---------------------------------------------------------------------------
[We] urge that the content remain energy information only,
consistent with the familiar Energy Guide. Diverse information
detracts from the important energy information and the industry
guards against the appliance becoming a ``billboard.'' Literature
included with the appliance and intended as a continuous guide for
safe use and maintenance is more appropriate for including other
information.\13\
\13\ White, 03, 1.
---------------------------------------------------------------------------
Moreover, as AHAM pointed out, some safety and environmental
disclosures are voluntary in some of the
[[Page 33653]]
countries, and mandatory in others, while energy use information is
required by law in all three.\14\
---------------------------------------------------------------------------
\14\ AHAM, 01, 4.
---------------------------------------------------------------------------
Whirlpool suggested that the proposed amendments be expanded to
apply to the energy use labels required by countries in Europe, Latin
America, and Asia, in addition to Canada and Mexico, even though total
harmonization of labels of all the countries in these areas may be
decades away. In support of this proposal, Whirlpool stated that the
Commission should take the lead in permitting multinational labeling to
avoid future conflicts as the appliance industry markets its produces
worldwide. Whirlpool provided regulatory language with its comment that
would accomplish this end.\15\
---------------------------------------------------------------------------
\15\ Whirlpool, 02, 2.
---------------------------------------------------------------------------
AHAM, advocated a more conservative approach, stating:
There will likely come a time when a common international
``energy use disclosure'' is appropriate and desired, as U.S.
product exports increase to countries throughout the world. However,
at this time, AHAM does not recommend other countries' information
be permitted in conjunction with the EnergyGuide label.\16\
\16\ AHAM, 01, 4.
---------------------------------------------------------------------------
The Commission agrees with AHAM in this regard. While there may be
sufficient similarity between the Commission's Rule and the labeling
requirements of other nations at some future time to justify including
them in this section of the Rule, the present record does not contain
evidence to justify an expansion of the proposed amendments as
Whirlpool has suggested.
III. Conclusion
The record contains unanimous support for the proposed amendments.
Moreover, with the exception of Whirlpool's suggestion to allow the
placement of the energy use labels of other countries, in addition to
those of Canada and Mexico, ``on or directly adjoining'' the
EnergyGuide, the record also supports the form and language of the
proposed amendments as they appear in the NPR. The Commission,
therefore, amends the Appliance Labeling Rule as proposed in the NPR.
Manufacturers are still prohibited from placing other information on or
directly adjoining the EnergyGuide.
Section A--Regulatory Flexibility Act
In the NPR, the Commission concluded, on a preliminary basis, that
the provisions of the Regulatory Flexibility Act relating to an initial
Regulatory Flexibility Act analysis (5 U.S.C. 603-604) were not
applicable to this proceeding because the amendments, if promulgated,
would not have a ``significant economic impact on a substantial number
of small entities'' (5 U.S.C. 605). The Commission concluded,
therefore, that a regulatory flexibility analysis was not necessary.
To determine whether a final regulatory flexibility analysis would
be necessary, however, in the NPR the Commission requested information
on whether the proposed amendments would have a significant impact on a
substantial number of small entities. No comments were received on this
issue.
In light of the above, and because the amendments do not impose any
new obligations on entities regulated by the Appliance Labeling Rule,
the Commission certifies, under Section 605 of the Regulatory
Flexibility Act (5 U.S.C. 605(b)), that the amendments announced today
will not have a significant impact on a substantial number of small
entities.
Section B--Paperwork Reduction Act
In the NPR, the Commission stated that the amendments would not
expand the Appliance Labeling Rule's existing recordkeeping and
reporting requirements, and that the Commission, therefore, was not
requesting that the Office of Management and Budget adjust the existing
clearance for the Appliance Labeling Rule (OMB No. 3084-0069) under the
Paperwork Reduction Act (44 U.S.C. 3501 et seq.). To substantiate the
accuracy of its reporting burden estimate, however, the Commission
requested comment on the extent of the reporting and recordkeeping
burden associated with the amendments.
The Commission received one comment on this issue. Whirlpool agreed
with the Commission's conclusion that the amendments would not expand
existing recordkeeping and reporting requirements. Whirlpool stated,
``In fact, granting of this proposal would reduce recordkeeping and
reporting among the regulated community.'' \17\
---------------------------------------------------------------------------
\17\ Whirlpool,02, 3.
---------------------------------------------------------------------------
Accordingly, the Commission reaffirms its prior determination that
the amendments do not alter the Rule's recordkeeping or reporting
requirements and that they do not, therefore, require OMB clearance.
Text of Amendments
For the reasons discussed above, the Commission amends 16 CFR Part
305 to permit (but not require) appliance manufacturers to place the
energy use disclosure labels required by the governments of Canada and
Mexico in a location directly adjoining the Commission's EnergyGuide,
as follows below:
List of Subjects in 16 CFR Part 305
Advertising, Energy conservation, Household appliances, Labeling,
Reporting and recordkeeping requirements.
PART 305--[AMENDED]
1. The authority citation for Part 305 continues to read as
follows:
Authority: 42 U.S.C. 6294.
2. Section 305.11(a)(5)(i)(K), (a)(5)(ii) (I), and
(a)(5)(iii)(H)(1) are revised to read as follows:
Sec. 305.11 Labeling for covered products.
(a) * * *
(5) * * *
(i) * * *
(K) No marks or information other than that specified in this Part
shall appear on or directly adjoining this label, except a part or
publication number identification may be included on this label, as
desired by the manufacturer, and the energy use disclosure labels
required by the governments of Canada or Mexico may appear directly
adjoining this label, as desired by the manufacturer. If a manufacturer
elects to use a part or publication number, it must appear in the lower
right-hand corner of the label and be set in 6-point type or smaller.
(ii) * * *
(I) No marks or information other than that specified in this Part
shall appear on or directly adjoining this label, except a part or
publication number identification may be included on this label, as
desired by the manufacturer, and the energy use disclosure labels
required by the governments of Canada or Mexico may appear directly
adjoining this label, as desired by the manufacturer. If a manufacturer
elects to use a part or publication number, it must appear in the lower
right-hand corner of the label and be set in 6-point type or smaller.
* * * * *
(iii) * * *
(H) * * *
(1) No marks or information other than that specified in this Part
shall appear on or directly adjoining this label, except a part or
publication number identification may be included on this label, as
desired by the manufacturer, and the energy use disclosure labels
required by the governments of Canada or Mexico may appear directly
adjoining this label, as
[[Page 33654]]
desired by the manufacturer. If a manufacturer elects to use a part or
publication number, it must appear in the lower right-hand corner of
the label and be set in 6-point type or smaller.
* * * * *
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 96-16476 Filed 6-27-96; 8:45 am]
BILLING CODE 6750-01-M
Complete official Federal Register PDF
FR Doc. 96-16402 Coastal Zone Management Program Regulations
[Federal Register Volume 61, Number 126 (Friday, June 28, 1996)]
[Rules and Regulations]
[Pages 33802-33819]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16402]
[[Page 33801]]
_______________________________________________________________________
Part II
Department of Commerce
_______________________________________________________________________
National Oceanic and Atmospheric Administration
_______________________________________________________________________
15 CFR Parts 923, 926, 927, 928, 932, and 933
Coastal Zone Management Program Regulations; Final Rule
Federal Register / Vol. 61, No. 126 / Friday, June 28, 1996 / Rules
and Regulations
[[Page 33802]]
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
15 CFR Parts 923, 926, 927, 928, 932, and 933
[Docket No. 960126015-6165-02]
RIN 0648-AI43
Coastal Zone Management Program Regulations
AGENCY: Office of Ocean and Coastal Resource Management (OCRM),
National Ocean Service (NOS), National Oceanic and Atmospheric
Administration (NOAA), Department of Commerce (DOC).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The National Oceanic and Atmospheric Administration (NOAA) is
revising and consolidating its regulations concerning coastal zone
management (CZM) program development, approval, grants and evaluation,
and removing obsolete rules concerning research and technical
assistance. These regulations implement, in part, the Coastal Zone
Management Act, as amended (CZMA). The purpose of this rule is to
remove outdated provisions and to revise and consolidate remaining
provisions. The intended effect of this rule is to make the CZM program
regulations more concise and easier to use.
EFFECTIVE DATE: July 29, 1996.
FOR FURTHER INFORMATION CONTACT:
Roger Eckert, NOAA Office of General Counsel for Ocean Services, at
301-713-2967 (ext. 213), fax: 301-713-4408, e-mail:
[email protected]
SUPPLEMENTARY INFORMATION:
I. Authority
This rule is issued under the authority of the CZMA, 16 U.S.C. 1451
et seq.
II. Background
The CZMA was enacted to encourage and assist the 35 eligible
coastal states and territories to develop and implement CZM programs to
preserve, protect, develop and, where possible, restore or enhance the
resources of the Nation's coasts. In all, 29 coastal states and
territories have chosen to participate in this program, and their
programs have received federal approval. Five states are currently
developing programs for federal approval. Many of the regulations
promulgated when the program began are no longer needed, now that the
program has matured.
In March 1995, President Clinton issued a directive to federal
agencies regarding their responsibilities under his Regulatory Reform
Initiative. This initiative is part of the National Performance Review
and calls for immediate, comprehensive regulatory reform. The President
directed all agencies to review all of their regulations, with an
emphasis on eliminating or modifying those that are obsolete or
otherwise in need of reform. This rule is intended to carry out the
President's directive with respect to the regulations implementing the
Coastal Zone Management program.
On March 11, 1996 (61 FR 9745-9762), the Office of Ocean and
Coastal Resource Management (OCRM) proposed to revise and consolidate
these CZM regulations. Concurrent with the issuance of the proposed
regulations, OCRM mailed draft guidance to coastal states concerning
the program change regulations. OCRM received comments on the proposed
revision of the regulations and/or draft program change guidance from
the states of: Connecticut, Massachusetts, Michigan, New Hampshire,
Oregon, Pennsylvania and Texas. These state comments focused on the
proposed revision of 15 CFR 923.80(d) (the definition of a program
amendment). OCRM will evaluate the comments directed at the draft
guidance, and revise the guidance as appropriate. The comments directed
at the proposed revision of the regulations are addressed below. In
addition, OCRM will continue to consider these comments in its
implementation of the CZMA and these regulations.
OCRM also received comments from the Federal Emergency Management
Agency (FEMA) directed at coastal hazard mitigation efforts. Sections
303(2)(K) and 303(3) of the CZMA identify the need to address the
adverse effects of coastal hazards, including erosion, land subsidence
and flooding. While the regulations already identify hazardous areas as
areas of particular concern (15 CFR 923.21(b)(7)), some additional
emphasis on coastal hazards has been placed in Sec. 923.25(a) and
Sec. 923.50(a)(5) to reflect the CZMA's policies. Coastal states may
rely on these interpretive statements when submitting program changes
concerning coastal hazard mitigation efforts. In addition, the
regulation concerning plan coordination (Sec. 923.56(b)(2)) has been
updated, consistent with FEMA's current planning authorities.
Accordingly, this final rule revises and consolidates the CZM
regulations as follows:
A. Consolidates Regulations
The rule consolidates CZM program regulations found in present 15
CFR parts 923, 927, 928 and 932 into a revised part 923. This
consolidation is expected to make the regulations easier for coastal
states, territories and the public to use.
B. Removes Regulations Restating Statutory Language
The rule removes those regulations in 15 CFR part 923 that simply
restate provisions contained in the Coastal Zone Management Act. These
provisions are replaced, where appropriate, with references to the
applicable sections of the CZMA. Removal of these provisions is in
accordance with the rules of the Office of the Federal Register which
discourage agencies from restating the language of a law in a document
intended for publication in the Federal Register.
C. Removes Outdated Provisions and Simplifies Remaining Provisions
The rule removes those regulations in 15 CFR part 923 that are no
longer necessary because the CZM program has reached its maturity, and
simplifies the remaining provisions. Many of the more detailed
regulatory requirements are removed. Since part 923 largely addresses
requirements for the development and approval of coastal management
programs, many of these changes do not apply to those states that
already have federally approved CZM programs. For the eligible coastal
states that do not yet have approved programs, OCRM will continue to
provide necessary guidance, and actual and timely notice of appropriate
application procedures. In particular, OCRM will continue to work with
the 5 coastal states currently developing programs in order to ensure
that those programs meet the criteria for federal approval. Finally,
the rule removes 15 CFR part 933 because it implements a portion of the
CZMA that was repealed in 1986. OCRM will provide guidance on a
corresponding technical assistance provision that was added to the CZMA
in the Coastal Zone Act Reauthorization Amendments of 1990.
D. Updates Program Change Regulations
The rule updates the program change regulations so that they more
precisely reflect the structure of coastal management programs. In
particular, the four criteria identified at 15 CFR 923.80(d)(1)-(4), by
which program changes are assessed by OCRM, are replaced with a
reference to the five program approvability areas identified in part
923: (1) uses subject to
[[Page 33803]]
management, (2) special management areas, (3) boundaries, (4)
authorities and organization, and (5) coordination, public involvement
and national interest. These criteria will apply when states submit
their proposed program changes to OCRM for review and approval; they
are intended to assist in OCRM's evaluation of a program change.
The revised definition of a program amendment located at 15 CFR
923.80(d) is intended to ease rather than increase the administrative
burden of states. While the four criteria were an effort to group the
program approvability areas, not all program changes fit squarely
within the four groups. The rule repeats the headings of subparts B
through F of part 923, and so, tracks the program approvability areas.
In addition, states may refer to these subparts for assistance in their
analysis of a program change. Furthermore, states are no longer
required to address those program areas that do not apply to their
proposed changes. Rather, the rule allows states to discuss one or more
of the program areas that would be affected by a change. Thus, the rule
allows states greater flexibility to provide a more focused analysis.
OCRM anticipates that the great majority of program change requests
will continue to be routine program changes, i.e., OCRM does not
anticipate that the revision will increase the number of program
changes that are determined to be substantial in nature.
The element of 15 CFR 923.80(d) relating to special management
areas has been simplified from ``criteria or procedures for designating
or managing areas [of] particular concern or areas for preservation or
restoration,'' to the heading for subpart C of part 923: ``special
management areas.'' OCRM does not anticipate that this revision will
increase the number of program changes relating to special management
areas that will be determined to be amendments. Specifically, the
elimination of the phrase ``criteria or procedures for designating or
managing'' is not intended to broaden the scope of this element.
Conversely, OCRM declines to reinsert this phrase into 15 CFR 923.80(d)
because, in practice, this phrase has proven to be of little utility to
coastal states submitting program changes in this category. Rather, the
test for an amendment to the special management area portion of a
coastal management program remains unchanged: the program change must
be substantial. In other words, under both the old and the new
language, whether a change in this area of a state's program
constitutes an amendment requires an evaluation of whether the program
change is substantial.
The addition of ``authorities'' as a partial fifth category in 15
CFR 923.80(d) is merely a restructuring of the definition of program
amendment. Previously, the term ``authorities'' was used at the outset
of the definition of program amendment, and proved to be a source of
confusion. Again, the test of whether a change is substantial, and
therefore an amendment, remains unchanged. Minor program changes,
including minor changes in authorities, remain approvable through the
routine program change process.
The addition of an ``organization'' element to 15 CFR 923.80(d)
clarifies that federal approval of coastal programs is indeed
predicated, in part, on whether the state is organized to manage its
coastal zone in an effective manner. The prior four criteria contained
in Sec. 923.80(d) did not assist states in analyzing the impacts of
organizational changes, whereas the revision explicitly addresses this
area of program approvability. Again, minor program changes, including
minor organizational changes, remain approvable through the routine
program change process.
The rule also adds explanatory statements concerning the addition
of any enforceable policies to management programs. These statements
reflect Congress' increased focus on enforceable policies in the
Coastal Zone Act Reauthorization Amendments of 1990. OCRM, federal
agencies, applicants for federal licenses or permits, and often the
state coastal programs themselves, cannot always identify the
enforceable policies in a program. OCRM recognizes that events beyond a
coastal management program's control can change the enforceability of a
policy. However, OCRM needs to know just what is being changed at the
time of a program change, and federal agencies and applicants should be
allowed to comment on the enforceable policies submitted for
incorporation.
To be sure, coastal management programs allow for flexibility in
state coastal management efforts. Certain changes in coastal management
efforts may not need OCRM approval because they do not affect the
federally-approved program. In other words, states structured their
coastal management programs with varying levels of detail sufficient to
``guide public and private uses of lands and waters in the coastal
zone.'' CZMA section 304(12). Depending on the nature of the particular
state coastal management program and the nature of the management
change, a state may make minor adjustments in how it manages the
coastal zone without necessarily changing its approved coastal
management program.
Alternatively, a state may determine that a necessary change in its
federally-approved coastal management program is so insignificant that
it need not be submitted to OCRM for review. However, the expenditure
of CZMA funds is limited to those approved parts of a state's program
(with an exception identified in CZMA section 306(e)(3)(B)), as is the
requirement of federal consistency. In addition, this regulatory
revision does not change the possibility that failure to submit program
changes for OCRM approval may lead to adverse evaluation findings (15
CFR 928.5(a)(3)(i)(G) has been redesignated as 15 CFR
923.135(a)(3)(i)(G)). The routine program change procedure is intended
to be an administratively efficient means by which states may submit,
on a routine or periodic basis, insubstantial program changes for OCRM
review and approval. OCRM shares the desire of coastal states to
minimize administrative burdens and will work cooperatively to achieve
this goal.
Finally, the term ``routine program implementation'' is changed to
the more descriptive term ``routine program change,'' and existing
agency practice that allows for the resubmittal of routine program
change requests is codified.
III. Miscellaneous Rulemaking Requirements
Executive Order 12372: Intergovernmental Review
This program is subject to Executive Order 12372.
Executive Order 12612: Federalism Assessment
NOAA has concluded that this regulatory action does not have
sufficient federalism implications to warrant the preparation of a
Federalism Assessment under Executive Order 12612.
Executive Order 12866: Regulatory Planning and Review
This regulatory action is not significant for purposes of Executive
Order 12866.
Regulatory Flexibility Act
The Assistant General Counsel for Legislation and Regulation of the
Department of Commerce has certified to the Chief Counsel for Advocacy
of the Small Business Administration that the rule will not have a
significant impact on a substantial number of small entities because
(1) the rule addresses CZM
[[Page 33804]]
programs of coastal states and territories, (2) those provisions that
are being removed, because they are outdated or repeat statutory
language, are unnecessary for the development and implementation of CZM
programs, and (3) the revision and consolidation of remaining
provisions will impose no additional burden on small entities. In
particular, the update of the CZM program change regulations will help
ensure the continued approvability of CZM programs. Accordingly, a
Regulatory Flexibility Analysis was not prepared.
Paperwork Reduction Act
The rule contains collection-of-information requirements subject to
review and approval by OMB under the Paperwork Reduction Act (PRA). The
collection-of-information requirements contained in this rule have been
approved under OMB Control Number 0648-0119. The estimated response
times for these requirements are 480 hours for management program
approval and 8 hours for program amendments and routine program
changes. The response estimates shown include the time for reviewing
instructions, searching exiting data sources, gathering and maintaining
data needed, and completing and reviewing the collection of
information.
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with a collection of information, subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB Control Number.
National Environmental Policy Act
NOAA has concluded that this regulatory action does not constitute
a major federal action significantly affecting the quality of the human
environment. Therefore, an environmental impact statement is not
required.
List of Subjects
15 CFR Parts 923, 928 and 932
Administrative practice and procedure, Coastal zone, Grant
programs--Natural resources, Reporting and recordkeeping requirements.
15 CFR Part 927
Administrative practice and procedure, Coastal zone, Grant
programs--Natural resources.
15 CFR Part 933
Administrative practice and procedure, Coastal zone, Grant
programs--Natural resources, Reporting and recordkeeping requirements,
Research.
Dated: June 21, 1996.
David Evans,
Acting Deputy Assistant Administrator for Ocean Services and Coastal
Zone Management.
For the reasons set out in the Preamble, 15 CFR Chapter IX is
amended as follows:
1. The heading for Part 923 is revised to read as follows:
PART 923--COASTAL ZONE MANAGEMENT PROGRAM REGULATIONS
2. The table of contents for Part 923 is revised to read as
follows:
Subpart A--General
Sec.
923.1 Purpose and scope.
923.2 Definitions.
923.3 General requirements.
Subpart B--Uses Subject to Management
923.10 General.
923.11 Uses subject to management.
923.12 Uses of regional benefit.
923.13 Energy facility planning process.
Subpart C--Special Management Areas
923.20 General.
923.21 Areas of particular concern.
923.22 Areas for preservation or restoration.
923.23 Other areas of particular concern.
923.24 Shorefront access and protection planning.
923.25 Shoreline erosion/mitigation planning.
Subpart D--Boundaries
923.30 General.
923.31 Inland boundary.
923.32 Lakeward or seaward boundary.
923.33 Excluded lands.
923.34 Interstate boundary.
Subpart E--Authorities and Organization
923.40 General.
923.41 Identification of authorities.
923.42 State establishment of criteria and standards for local
implementation--Technique A.
923.43 Direct State land and water use planning and regulation--
Technique B.
923.44 State review on a case-by-case basis of actions affecting
land and water uses subject to the management program--Technique C.
923.45 Air and water pollution control requirements.
923.46 Organizational structure.
923.47 Designated State agency.
923.48 Documentation.
Subpart F--Coordination, Public Involvement and National Interest
923.50 General.
923.51 Federal-State consultation.
923.52 Consideration of the national interest in facilities.
923.53 Federal consistency procedures.
923.54 Mediation.
923.55 Full participation by State and local governments,
interested parties, and the general public.
923.56 Plan coordination.
923.57 Continuing consultation.
923.58 Public hearings.
Subpart G--Review/Approval Procedures
923.60 Review/approval procedures.
Subpart H--Amendments to and Termination of Approved Management
Programs
923.80 General.
923.81 Requests for amendments.
923.82 Amendment review/approval procedures.
923.83 Mediation of amendments.
923.84 Routine program changes.
Subpart I--Applications for Program Development of Implementation
Grants
923.90 General.
923.91 State responsibility.
923.92 Allocation.
923.93 Eligible implementation costs.
923.94 Application for program development or implementation
grants.
923.95 Approval of applications.
923.96 Grant amendments.
Subpart J--Allocation of Section 306 Program Administration Grants
923.110 Allocation formula.
Subpart K--Coastal Zone Enhancement Grants Program
923.121 General.
923.122 Objectives.
923.123 Definitions.
923.124 Allocation of section 309 funds.
923.125 Criteria for section 309 project selection.
923.126 Pre-application procedures.
923.127 Formal application for financial assistance and application
review and approval procedures.
923.128 Revisions to assessments and strategies.
Subpart L--Review of Performance
923.131 General.
923.132 Definitions.
923.133 Procedure for conducting continuing reviews of approved
State CZM programs.
923.134 Public participation.
923.135 Enforcement.
3. The authority for Part 923 is revised to read as follows:
Authority: 16 U.S.C. 1452 et seq. Sections 923.92 and 923.94 are
also issued under E.O. 12372, July 14, 1982, 3 CFR, 1982 Comp. p.
197, as amended by E.O. 12416, April 8, 1983, 3 CFR, 1983 Comp. p.
186; (31 U.S.C. 6506; 42 U.S.C. 3334).
4. Subpart J consisting of Secs. 923.90 through 923.98 is removed,
and Subparts A through I of Part 923 are revised to read as follows:
[[Page 33805]]
Subpart A--General
Sec. 923.1 Purpose and scope.
(a) The regulations in this part set forth the requirements for
State coastal management program approval by the Assistant
Administrator for Ocean Services and Coastal Zone Management pursuant
to the Coastal Zone Management Act of 1972, as amended (hereafter, the
Act); the grant application procedures for program funds; conditions
under which grants may be terminated; and requirements for review of
approved management programs.
(b) Sections 306 and 307 of the Act set forth requirements which
must be fulfilled as a condition of program approval. The specifics of
these requirements are set forth below under the following headings:
General Requirements; Uses Subject to Management; Special Management
Areas; Boundaries; Authorities and Organization; and Coordination,
Public Involvement and National Interest. All relevant sections of the
Act are dealt with under one of these groupings, but not necessarily in
the order in which they appear in the Act.
(c) In summary, the requirements for program approval are that a
State develop a management program that:
(1) Identifies and evaluates those coastal resources recognized in
the Act as requiring management or protection by the State;
(2) Reexamines existing policies or develops new policies to manage
these resources. These policies must be specific, comprehensive, and
enforceable;
(3) Determines specific use and special geographic areas that are
to be subject to the management program, based on the nature of
identified coastal concerns;
(4) Identifies the inland and seaward areas subject to the
management program;
(5) Provides for the consideration of the national interest in the
planning for and siting of facilities that meet more than local
requirements;
(6) Includes sufficient legal authorities and organizational
arrangements to implement the program and to ensure conformance to it.
In arriving at these elements of the management program, States are
obliged to follow an open process which involves providing information
to and considering the interests of the general public, special
interest groups, local governments, and regional, State, interstate,
and Federal agencies;
(7) Provides for public participation in permitting processes,
consistency determinations, and other similar decisions;
(8) Provides a mechanism to ensure that all state agencies will
adhere to the program; and
(9) Contains enforceable policies and mechanisms to implement the
applicable requirements of the Coastal Nonpoint Pollution Control
Program of the state required by section 6217 of the Coastal Zone Act
Reauthorization Amendments of 1990.
Sec. 923.2 Definitions.
(a) The term Act means the Coastal Zone Management Act of 1972, as
amended.
(b) The term Secretary means the Secretary of Commerce and his/her
designee.
(c) The term Assistant Administrator means the Assistant
Administrator for Ocean Services and Coastal Zone Management, National
Oceanic and Atmospheric Administration (NOAA), or designee.
(d)(1) The term relevant Federal agencies means those Federal
agencies with programs, activities, projects, regulatory, financing, or
other assistance responsibilities in the following fields which could
impact or affect a State's coastal zone:
(i) Energy production or transmission,
(ii) Recreation of a more than local nature,
(iii) Transportation,
(iv) Production of food and fiber,
(v) Preservation of life and property,
(vi) National defense,
(vii) Historic, cultural, aesthetic, and conservation values,
(viii) Mineral resources and extraction, and
(ix) Pollution abatement and control.
(2) The following are defined as relevant Federal agencies:
Department of Agriculture; Department of Commerce; Department of
Defense; Department of Education; Department of Energy; Department of
Health and Human Services; Department of Housing and Urban Development;
Department of the Interior; Department of Transportation; Environmental
Protection Agency; Federal Energy Regulatory Commission; General
Services Administration, Nuclear Regulatory Commission; Federal
Emergency Management Agency.
(e) The term Federal agencies principally affected means the same
as ``relevant Federal agencies.'' The Assistant Administrator may
include other agencies for purposes of reviewing the management program
and environmental impact statement.
(f) The term Coastal State means a State of the United States in,
or bordering on, the Atlantic, Pacific, or Arctic Ocean, the Gulf of
Mexico, Long Island Sound, or one or more of the Great Lakes. Pursuant
to section 304(3) of the Act, the term also includes Puerto Rico, the
Virgin Islands, Guam, and American Samoa. Pursuant to section 703 of
the Covenant to Establish a Commonwealth of the Northern Mariana
Islands in Political Union with the United States of America, the term
also includes the Northern Marianas.
(g) The term management program includes, but is not limited to, a
comprehensive statement in words, maps, illustrations, or other media
of communication, including an articulation of enforceable policies and
citation of authorities providing this enforceability, prepared and
adopted by the State in accordance with the provisions of this Act and
this part, setting forth objectives, policies, and standards to guide
public and private uses of lands and waters in the coastal zone.
(h) The following terms, as used in these regulations, have the
same definition as provided in section 304 of the Act:
(1) Coastal zone;
(2) Coastal waters;
(3) Enforceable policy;
(4) Estuary;
(5) Land use; and
(6) Water use.
(i) The term grant means a financial assistance instrument and
refers to both grants and cooperative agreements.
Sec. 923.3 General requirements.
(a) The management program must be developed and adopted in
accordance with the requirements of the Act and this part, after
notice, and the opportunity for full participation by relevant Federal
and State agencies, local governments, regional organizations, port
authorities, and other interested parties and persons, and be adequate
to carry out the purposes of the Act and be consistent with the
national policy set forth in section 303 of the Act.
(b) The management program must provide for the management of those
land and water uses having a direct and significant impact on coastal
waters and those geographic areas which are likely to be affected by or
vulnerable to sea level rise. The program must include provisions to
assure the appropriate protection of those significant resources and
areas, such as wetlands, beaches and dunes, and barrier islands, that
make the State's coastal zone a unique, vulnerable, or valuable area.
(c) The management program must contain a broad class of policies
for each
[[Page 33806]]
of the following areas: resource protection, management of coastal
development, and simplification of governmental processes. These three
broad classes must include specific policies that provide the framework
for the exercise of various management techniques and authorities
governing coastal resources, uses, and areas. The three classes must
include policies that address uses of or impacts on wetlands and
floodplains within the State's coastal zone, and that minimize the
destruction, loss or degradation of wetlands and preserve and enhance
their natural values in accordance with the purposes of Executive Order
11990, pertaining to wetlands. These policies also must reduce risks of
flood loss, minimize the impact of floods on human safety, health and
welfare, and preserve the natural, beneficial values served by
floodplains, in accordance with the purposes of Executive Order 11988,
pertaining to floodplains.
(d) The policies in the program must be appropriate to the nature
and degree of management needed for uses, areas, and resources
identified as subject to the program.
(e) The policies, standards, objectives, criteria, and procedures
by which program decisions will be made must provide:
(1) A clear understanding of the content of the program, especially
in identifying who will be affected by the program and how, and
(2) A clear sense of direction and predictability for
decisionmakers who must take actions pursuant to or consistent with the
management program.
Subpart B--Uses Subject to Management
Sec. 923.10 General.
This subpart sets forth the requirements for management program
approvability with respect to land and water uses which, because of
their direct and significant impacts on coastal waters or those
geographic areas likely to be affected by or vulnerable to sea level
rise, are subject to the terms of the management program. This subpart
deals in full with the following subsections of the Act: 306(d)(1)(B),
Uses Subject to the Management Program, 306(d)(2)(H), Energy Facility
Planning, and 306(d)(12)(B), Uses of Regional Benefit.
Sec. 923.11 Uses subject to management.
(a) (1) The management program for each coastal state must include
a definition of what shall constitute permissible land uses and water
uses within the coastal zone which have a direct and significant impact
on the coastal waters.
(2) The management program must identify those land and water uses
that will be subject to the terms of the management program. These uses
shall be those with direct and significant impacts on coastal waters or
on geographic areas likely to be affected by or vulnerable to sea level
rise.
(3) The management program must explain how those uses identified
in paragraph (a)(2) of this section will be managed. The management
program must also contain those enforceable policies, legal
authorities, performance standards or other techniques or procedures
that will govern whether and how uses will be allowed, conditioned,
modified, encouraged or prohibited.
(b) In identifying uses and their appropriate management, a State
should analyze the quality, location, distribution and demand for the
natural and man-made resources of their coastal zone, and should
consider potential individual and cumulative impacts of uses on coastal
waters.
(c) States should utilize the following types of analyses:
(1) Capability and suitability of resources to support existing or
projected uses;
(2) Environmental impacts on coastal resources;
(3) Compatibility of various uses with adjacent uses or resources;
(4) Evaluation of inland and other location alternatives; and
(5) Water dependency of various uses and other social and economic
considerations.
(d) Examination of the following factors is suggested:
(1) Air and water quality;
(2) Historic, cultural and esthetic resources where coastal
development is likely to affect these resources;
(3) Open space or recreational uses of the shoreline where
increased access to the shorefront is a particularly important concern;
(4) Floral and faunal communities where loss of living marine
resources or threats to endangered or threatened coastal species are
particularly important concerns.
(5) Information on the impacts of global warming and resultant sea
level rise on natural resources such as beaches, dunes, estuaries, and
wetlands, on salinization of drinking water supplies, and on
properties, infrastructure and public works.
Sec. 923.12 Uses of regional benefit.
The management program must contain a method of assuring that local
land use and water use regulations within the coastal zone do not
unreasonably restrict or exclude land uses and water uses of regional
benefit. To this end, the management program must:
(a) Identify what constitutes uses of regional benefit; and
(5) Identify and utilize any one or a combination of methods,
consistent with the control techniques employed by the State, to assure
local land and water use regulations do not unreasonably restrict or
exclude uses of regional benefit.
Sec. 923.13 Energy facility planning process.
The management program must contain a planning process for energy
facilities likely to be located in or which may significantly affect,
the coastal zone, including a process for anticipating the management
of the impacts resulting from such facilities. (See subsection 304(5)
of the Act.) This process must contain the following elements:
(a) Identification of energy facilities which are likely to locate
in, or which may significantly affect, a State's coastal zone;
(5) Procedures for assessing the suitability of sites for such
facilities designed to evaluate, to the extent practicable, the costs
and benefits of proposed and alternative sites in terms of State and
national interests as well as local concerns;
(c) Articulation and identification of enforceable State policies,
authorities and techniques for managing energy facilities and their
impacts; and
(d) Identification of how interested and affected public and
private parties will be involved in the planning process.
Subpart C--Special Management Areas
Sec. 923.20 General.
(a) This subpart sets forth the requirements for management program
approvability with respect to areas of particular concern because of
their coastal-related values or characteristics, or because they may
face pressures which require detailed attention beyond the general
planning and regulatory system which is part of the management program.
As a result, these areas require special management attention within
the terms of the State's overall coastal program. This special
management may include regulatory or permit requirements applicable
only to the area of particular concern. It also may include increased
intergovernmental coordination, technical, assistance,
[[Page 33807]]
enhanced public expenditures, or additional public services and
maintenance to a designated area. This subpart deals with the following
subsections of the Act: 306(d)(2)(C)-Geographic Areas of Particular
Concern; 306(d)(2)(E)-Guidelines on Priorities of Uses; 306(d)(2)(G)-
Shorefront Access and protection Planning; 306(d)(2)(I)-Shoreline
Erosion/Mitigation Planning; and 306(d)(9)-Areas for Preservation and
Restoration.
(b) The importance of designating areas of particular concern for
management purposes and the number and type of areas that should be
designated is directly related to the degree of comprehensive controls
applied throughout a State's coastal zone. Where a State's general
coastal management policies and authorities address state and national
concerns comprehensively and are specific with respect to particular
resources and uses, relatively less emphasis need be placed on
designation of areas of particular concern. Where these policies are
limited and non-specific, greater emphasis should be placed on areas of
particular concern to assure effective management and an adequate
degree of program specificity.
Sec. 923.21 Areas of particular concern.
(a) The management program must include an inventory and
designation of areas of particular concern within the coastal zone, on
a generic and/or site-specific basis, and broad guidelines on
priorities of uses in particular areas, including specifically those
uses of lowest priority.
(b) In developing criteria for inventorying and designating areas
of particular concern. States must consider whether the following
represent areas of concern requiring special management:
(1) Areas of unique, scarce, fragile or vulnerable natural habitat;
unique or fragile, physical, figuration (as, for example, Niagara
Falls); historical significance, cultural value or scenic importance
(including resources on or determined to be eligible for the National
Register of Historic Places.);
(2) Areas of high natural productivity or essential habitat for
living resources, including fish, wildlife, and endangered species and
the various trophic levels in the food web critical to their well-
being;
(3) Areas of substantial recreational value and/or opportunity;
(4) Areas where developments and facilities are dependent upon the
utilization of, or access to, coastal waters;
(5) Areas of unique hydrologic, geologic or topographic
significance for industrial or commercial development or for dredge
spoil disposal;
(6) Areas or urban concentration where shoreline utilization and
water uses are highly competitive;
(7) Areas where, if development were permitted, it might be subject
to significant hazard due to storms, slides, floods, erosion,
settlement, salt water intrusion, and sea level rise;
(8) Areas needed to protect, maintain or replenish coastal lands or
resources including coastal flood plains, aquifers and their recharge
areas, estuaries, sand dunes, coral and other reefs, beaches, offshore
sand deposits and mangrove stands.
(c) Where states will involve local governments, other state
agencies, federal agencies and/or the public in the process of
designating areas of particular concern, States must provide guidelines
to those who will be involved in the designation process. These
guidelines shall contain the purposes, criteria, and procedures for
nominating areas of particular concern.
(d) In identifying areas of concern by location (if site specific)
or category of coastal resources (if generic), the program must contain
sufficient detail to enable affected landowners, governmental entities
and the public to determine with reasonable certainty whether a given
area is designated.
(e) In identifying areas of concern, the program must describe the
nature of the concern and the basis on which designations were made.
(f) The management program must describe how the management program
addresses and resolves the concerns for which areas are designated; and
(g) The management program must provide guidelines regarding
priorities of uses in these areas, including guidelines on uses of
lowest priority.
Sec. 923.22 Areas for preservation or restoration.
The management program must include procedures whereby specific
areas may be designated for the purpose of preserving or restoring them
for their conservation, recreational, ecological, historical or
esthetic values, and the criteria for such designations.
Sec. 923.23 Other areas of particular concern.
(a) The management program may, but is not required to, designate
specific areas known to require additional or special management, but
for which additional management techniques have not been developed or
necessary authorities have not been established at the time of program
approval. If a management program includes such designations, the basis
for designation must be clearly stated, and a reasonable time frame and
procedures must be set forth for developing and implementing
appropriate management techniques. These procedures must provide for
the development of those items required in Sec. 923.21. The management
program must identify an agency (or agencies) capable of formulating
the necessary management policies and techniques.
(b) The management program must meet the requirements of
Sec. 923.22 for containing procedures for designating areas for
preservation or restoration. The management program may include
procedures and criteria for designating areas of particular concern for
other than preservation or restoration purposes after program approval.
Sec. 923.24 Shorefront access and protection planning.
(a) The management program must include a definition of the term
``beach'' and a planning process for the protection of, and access to,
public beaches and other public coastal areas of environmental,
recreational, historical, esthetic, ecological or cultural value.
(b) The basic purpose in focusing special planning attention on
shorefront access and protection is to provide public beaches and other
public coastal areas of environmental, recreational, historic,
esthetic, ecological or cultural value with special management
attention within the purview of the State's management program. This
special management attention may be achieved by designating public
shorefront areas requiring additional access or protection as areas of
particular concern pursuant to Sec. 923.21 or areas for preservation or
restoration pursuant to Sec. 923.22.
(c) The management program must contain a procedure for assessing
public beaches and other public areas, including State owned lands,
tidelands and bottom lands, which require access or protection, and a
description of appropriate types of access and protection.
(d) The management program must contain a definition of the term
``beach'' that is the broadest definition allowable under state law or
constitutional provisions, and an identification of public areas
meeting that definition.
(e) The management program must contain an identification and
description of enforceable policies, legal authorities, funding program
and other techniques that will be used to provide such shorefront
access and protection that the State's planning process indicates is
necessary.
[[Page 33808]]
Sec. 923.25 Shoreline erosion/mitigation planning.
(a) The management program must include a planning process for
assessing the effects of, and studying and evaluating ways to control,
or lessen the impact of, shoreline erosion, including potential impacts
of sea level rise, and to restore areas adversely affected by such
erosion. this planning process may be within the broader context of
coastal hazard mitigation planning.
(b) The basic purpose in developing this planning process is to
give special attention to erosion issues. This special management
attention may be achieved by designating erosion areas as areas of
particular concern pursuant to Sec. 923.21 or as areas for preservation
or restoration pursuant to Sec. 923.22.
(c) The management program must include an identification and
description of enforceable policies, legal authorities, funding
techniques and other techniques that will be used to manage the effects
of erosion, including potential impacts of sea level rise, as the
state's planning process indicates is necessary.
Subpart D--Boundaries
Sec. 923.30 General.
This subpart sets forth the requirements for management program
approvability with respect to boundaries of the coastal zone. There are
four elements to a State's boundary: the inland boundary, the seaward
boundary, areas excluded from the boundary, and, in most cases,
interstate boundaries. Specific requirements with respect to procedures
for determining and identifying these boundary elements are discussed
in the sections of this subpart that follow.
Sec. 923.31 Inland boundary.
(a) The inland boundary of a State's coastal zone must include:
(1) Those areas the management of which is necessary to control
uses which have direct and significant impacts on coastal waters, or
are likely to be affected by or vulnerable to sea level rise, pursuant
to section 923.11 of these regulations.
(2) Those special management areas identified pursuant to
Sec. 923.21;
(3) Waters under saline influence-waters containing a significant
quantity of seawater, as defined by and uniformly applied by the State;
(4) Salt marshes and wetlands-Areas subject to regular inundation
of tidal salt (or Great Lakes) waters which contain marsh flora typical
of the region;
(5) Beaches-The area affected by wave action directly from the sea.
Examples are sandy beaches and rocky areas usually to the vegetation
line;
(6) Transitional and intertidal areas-Areas subject to coastal
storm surge, and areas containing vegetation that is salt tolerant and
survives because of conditions associated with proximity to coastal
waters. Transitional and intertidal areas also include dunes and rocky
shores to the point of upland vegetation;
(7) Islands-Bodies of land surrounded by water on all sides.
Islands must be included in their entirety, except when uses of
interior portions of islands do not cause direct and significant
impacts.
(8) The inland boundary must be presented in a manner that is clear
and exact enough to permit determination of whether property or an
activity is located within the management area. States must be able to
advise interested parties whether they are subject to the terms of the
management program within, at a maximum, 30 days of receipt of an
inquiry. An inland coastal zone boundary defined in terms of political
jurisdiction (e.g., county, township or municipal lines) cultural
features (e.g., highways, railroads), planning areas (e.g., regional
agency jurisdictions, census enumeration districts), or a uniform
setback line is acceptable so long as it includes the areas
indentified.
(b) The inland boundary of a State's coastal zone may include:
(1) Watersheds-A state may determine some uses within entire
watersheds which have direct and significant impact on coastal waters
or are likely to be affected by or vulnerable to sea level rise. In
such cases it may be appropriate to define the coastal zone as
including these watersheds.
(2) Areas of tidal influence that extend further inland than waters
under saline influence; particularly in estuaries, deltas and rivers
where uses inland could have direct and significant impacts on coastal
waters or areas that are likely to be affected by or vulnerable to sea
level rise.
(3) Indian lands not held in trust by the Federal Government.
(c) In many urban areas or where the shoreline has been modified
extensively, natural system relationships between land and water may be
extremely difficult, if not, impossible, to define in terms of direct
and significant impacts. Two activities that States should consider as
causing direct and significant impacts on coastal waters in urban areas
are sewage discharges and urban runoff. In addition, States should
consider dependency of uses on water access and visual relationships as
factors appropriate for the determination of the inland boundary in
highly urbanized areas.
Sec. 923.32 Lakeward or seaward boundary.
(a) (1) For states adjoining the Great Lakes, the lakeward boundary
of the State's coastal zone is the international boundary with Canada
or the boundaries with adjacent states. For states adjacent to the
Atlantic or Pacific Ocean, or the Gulf of Mexico, the seaward boundary
is the outer limit of state title and ownership under the Submerged
Lands Act (48 U.S.C. 1301 et seq.), the Act of March 2, 1917 (48 U.S.C.
749), the Covenant to Establish a Commonwealth of the Northern Mariana
Islands in Political Union with the United States of America, as
approved by the Act of March 24, 1976 (48 U.S.C. 1681 note) or section
1 of the Act of November 10, 1963, (48 U.S.C. 1705, as applicable).
(2) The requirement for defining the seaward boundary of a State's
coastal zone can be met by a simple restatement of the limits defined
in this section, unless there are water areas which require a more
exact delineation because of site specific policies associated with
these areas. Where States have site specific policies for particular
water areas, these shall be mapped, described or referenced so that
their location can be determined reasonably easily by any party
affected by the policies.
(b) The seaward limits, as defined in this section, are for
purposes of this program only and represent the area within which the
State's management program may be authorized and financed. These limits
are irrespective of any other claims States may have by virtue of other
laws.
Sec. 923.33 Excluded lands.
(a) The boundary of a State's coastal zone must exclude lands
owned, leased, held in trust or whose use is otherwise by law subject
solely to the discretion of the Federal Government, its officers or
agents. To meet this requirement, the program must describe, list or
map lands or types of lands owned, leased, held in trust or otherwise
used solely by Federal agencies.
(b) The exclusion of Federal lands does not remove Federal agencies
from the obligation of complying with the consistency provisions of
section 307 of the Act when Federal actions on these excluded lands
have spillover impacts that affect any land or water use or natural
resource of the coastal zone within the purview of a state's management
program. In excluding Federal lands from a State's coastal zone
[[Page 33809]]
for the purposes of this Act, a State does not impair any rights or
authorities that it may have over Federal lands that exist separate
from this program.
Sec. 923.34 Interstate boundary.
States must document that there has been consultation and
coordination with adjoining coastal States regarding delineation of any
adjacent inland and lateral seaward boundary.
Subpart E--Authorities and Organization
Sec. 923.40 General.
(a) This subpart sets forth the requirements for management program
approvability with respect to authorities and organization. The
authorities and organizational structure on which a State will rely to
administer its management program are the crucial underpinnings for
enforcing the policies which guide the management of the uses and areas
identified in its management program. There is a direct relationship
between the adequacy of authorities and the adequacy of the overall
program. The authorities need to be broad enough in both geographic
scope and subject matter to ensure implementation of the State's
enforceable policies. These enforceable policies must be sufficiently
comprehensive and specific to regulate land and water uses, control
development, and resolve conflicts among competing uses in order to
assure wise use of the coastal zone. (Issues relating to the adequate
scope of the program are dealt with in Sec. 923.3.)
(b) The entity or entities which will exercise the program's
authorities is a matter of State determination. They may be the state
agency designated pursuant to section 306(d)(6) of the Act, other state
agencies, regional or interstate bodies, and local governments. The
major approval criterion is a determination that such entity or
entities are required to exercise their authorities in conformance with
the policies of the management program. Accordingly, the essential
requirement is that the State demonstrate that there is a means of
ensuring such compliance. This demonstration will be in the context of
one or a combination of the three control techniques specified in
section 306(d)(11) of the Act. The requirements related to section
306(d)(12) of the Act are described in Sec. Sec. 923.42 through 923.44
of this subchapter.
(c) In determining the adequacy of the authorities and organization
of a state's programs, the Assistant Administrator will review and
evaluate authorities and organizational arrangements in light of the
requirements of this subpart and the finding of section 302(h) of the
Act.
(d) The authorities requirements of the Act dealt with in this
subpart are those contained in subsections 306(d)(2)(D)-Means of
Control; 306(d)(10)-Authorities; 306(d)(10)(A)-Control Development and
Resolve Conflicts; 306(d)(10)(B)-Powers of Acquisition; 306(d)(11)-
Techniques of Control; and 307(f)-Air and Water Quality Control
Requirements. The organization requirements of the Act dealt with in
this subpart are those contained in sections 306(d)(2)(F)-
Organizational Structure; 306(d)(6)-Designated State Agency; and
306(d)(7)-Organization.
Sec. 923.41 Identification of authorities.
(a) (1) The management program must identify the means by which the
state proposes to exert control over the permissible land uses and
water uses within the coastal zone which have a direct and significant
impact on the coastal waters, including a listing of relevant state
constitutional provisions, laws, regulations, and judicial decisions.
These are the means by which the state will enforce its coastal
management policies. (See section 304(6a) of the Act.)
(2) The state chosen agency or agencies (including local
governments, area-wide agencies, regional agencies, or interstate
agencies) must have the authority for the management of the coastal
zone. Such authority includes the following powers:
(i) To administer land use and water use regulations to control
development to ensure compliance with the management program, and to
resolve conflicts among competing uses; and
(ii) To acquire fee simple and less than fee simple interests in
land, waters, and other property through condemnation or other means
when necessary to achieve conformance with the management program.
(b) In order to meet these requirements, the program must identify
relevant state constitutional provisions, statutes, regulations, case
law and such other legal instruments (including executive orders and
interagency agreements) that will be used to carry out the state's
management program, including the authorities pursuant to sections
306(d)(10) and 306(d)(11) of the Act which require a state to have the
ability to:
(1) Administer land and water use regulations in conformance with
the policies of the management program;
(2) Control such development as is necessary to ensure compliance
with the management program;
(3) Resolve conflicts among competing uses; and
(4) Acquire appropriate interest in lands, waters or other property
as necessary to achieve management objectives. Where acquisition will
be a necessary technique for accomplishing particular program policies
and objectives, the management program must indicate for what purpose
acquisition will be used (i.e., what policies or objectives will be
accomplished); the type of acquisition (e.g., fee simple, purchase of
easements, condemnation); and what agency (or agencies) of government
have the authority for the specified type of acquisition.
Sec. 923.42 State establishment of criteria and standards for local
implementation-Technique A.
(a) The management program must provide for any one or a
combination of general techniques specified in subsection 306(d)(11) of
the Act for control of land uses and water uses within the coastal
zone. The first such control technique, at subsection 306(d)(11)(A) of
the Act, is state establishment of criteria and standards for local
implementation, subject to administrative review and enforcement
(control technique A).
(b) There are 5 principal requirements that control technique A
must embody in order to be approved:
(1) The State must have developed and have in effect at the time of
program approval enforceable policies that meet the requirements of
Sec. 923.3. These policies must serve as the standards and criteria for
local program development or the State must have separate standards and
criteria, related to these enforceable policies, that will guide local
program development.
(2) During the period while local programs are being developed, a
State must have sufficient authority to assure that land and water use
decisions subject to the management program will comply with the
program's enforceable policies. The adequacy of these authorities will
be judged on the same basis as specified for direct State controls or
case-by-case reviews.
(3) A State must be able to ensure that coastal programs will be
developed pursuant to the State's standards and criteria, or failing
this, that the management program can be implemented directly by the
State. This requirement can be met if a State can exercise any one of
the following techniques:
[[Page 33810]]
(i) Direct State enforcement of its standards and criteria in which
case a State would need to meet the requirements of this section which
address the direct State control technique;
(ii) Preparation of a local program by a State agency which the
local government then would implement. To use this technique the State
must have statutory authority to prepare and adopt a program for a
local government, and a mechanism by which the State can cause the
local government to enforce the State-created program. Where the
mechanism to assure local enforcement will be judicial relief, the
program must include the authority under which judicial relief can be
sought;
(iii) State preparation and enforcement of a program on behalf of a
local government. Here the State must have the authority to:
(A) Prepare and adopt a plan, regulations, and ordinances for the
local government and
(B) Enforce such plans, regulations and ordinances;
(iv) State review of local government actions on a case-by-case
basis or on appeal, and prevention of actions inconsistent with the
standards and criteria. Under this technique, when a local government
fails to adopt an approvable program, the State must have the ability
to review activities in the coastal zone subject to the management
program and the power to prohibit, modify or condition those activities
based on the policies, standards and criteria of the management
program; or
(v) If a locality fails to adopt a management program, the State
may utilize a procedure whereby the responsibility for preparing a
program shifts to an intermediate level government, such as a county.
If this intermediate level of government fails to produce a program,
then the State must have the ability to take one of the actions
described above. This alternative cannot be used where the intermediate
level of government lacks the legal authority to adopt and implement
regulations necessary to implement State policies, standards and
criteria.
(4) A State must have a procedure whereby it reviews and certifies
the local program's compliance with State standards and criteria. This
procedure must include provisions for:
(i) Opportunity for the public and governmental entities (including
Federal agencies) to participate in the development of local programs;
and
(ii) Opportunity for the public and governmental entities
(including Federal agencies) to make their views known (through public
hearings or other means) to the State agency prior to approval of local
programs; and
(iii) Review by the State of the adequacy of local programs
consideration of facilities identified in a State's management program
in which there is a national interest.
(5) A State must be able to assure implementation and enforcement
of a local program once approved. To accomplish this a State must:
(i) Establish a monitoring system which defines what constitutes
and detects patterns of non-compliance. In the case of uses of regional
benefit and facilities in which there is a national interest, the
monitoring system must be capable of detecting single instances of
local actions affecting such uses or facilities in a manner contrary to
the management program.
(ii) Be capable of assuring compliance when a pattern of deviation
is detected or when a facility involving identified national interests
or a use of regional benefit is affected in a manner contrary to the
program's policies. When State action is required because of failure by
a local government to enforce its program, the State must be able to do
one or a combination of the following:
(A) Directly enforce the entire local program;
(B) Directly enforce that portion of the local program that is
being enforced improperly. State intervention would be necessary only
in those local government activities that are violating the policies,
standards or criteria.
(C) Seek judicial relief against local government for failure to
properly enforce;
(D) Review local government actions on a case-by-case basis or on
appeal and have the power to prevent those actions inconsistent with
the policies and standards.
(E) Provide a procedure whereby the responsibility for enforcing a
program shifts to an intermediate level of government, assuming
statutory authority exists to enable the immediate of government to
assume this responsibility.
Sec. 923.43 Direct State land and water use planning and regulation-
Technique B.
(a) The management program must provide for any one or a
combination of general techniques specified in subsection 306(d)(11) of
the Act for control of land and water uses within the coastal zone. The
second such control technique, at subsection 306(d)(11)(B) of the Act,
is direct state land and water use planning and regulation (control
technique B).
(b) To have control technique B approved, the State must have the
requisite direct authority to plan and regulate land and water uses
subject to the management program. This authority can take the form of:
(1) Comprehensive legislation--A single piece of comprehensive
legislation specific to coastal management and the requirements of this
Act.
(2) Networking--The utilization of authorities which are compatible
with and applied on the basis of coastal management policies developed
pursuant to Sec. 923.3.
(c) In order to apply the networking concept, the State must:
(1) Demonstrate that, taken together, existing authorities can and
will be used to implement the full range of policies and management
techniques identified as necessary for coastal management purposes; and
(2) Bind each party which exercises statutory authority that is
part of the management program to conformance with relevant enforceable
policies and management techniques. Parties may be bound to conformance
through an executive order, administrative directive or a memorandum of
understanding provided that:
(i) The management program authorities provide grounds for taking
action to ensure compliance of networked agencies with the program. It
will be sufficient if any of the following can act to ensure
compliance: The state agency designated pursuant to subsection
306(d)(6) of the Act, the state's Attorney General, another state
agency, a local government, or a citizen.
(ii) The executive order, administrative directive or memorandum of
understanding establishes conformance requirements of other State
agency activities or authorities to management program policies. A
gubernatorial executive order will be acceptable if networked State
agency heads are directly responsible to the Governor.
(3) Where networked State agencies can enforce the management
program policies at the time of section 306 approval without first
having to revise their operating rules and regulations, then any
proposed revisions to such rules and regulations which would enhance or
facilitate implementation need not be accomplished prior to program
approval. Where State agencies cannot enforce coastal policies without
first revising their rules and regulations, then these revisions must
be made prior to approval of the State's program by the Assistant
Administrator.
[[Page 33811]]
Sec. 923.44 State review on a case-by-case basis of actions affecting
land and water uses subject to the management program-Technique C.
(a) The management program must provide for any one or a
combination of general techniques specified in subsection 306(d)(11) of
the Act for control of land and water uses within the coastal zone. The
third such control technique, at subsection 306(d)(11)(C) of the Act,
is state administrative review for consistency with the management
program of all development plans, projects, or land and water use
regulations, including exceptions and variances thereto, proposed by
any state or local authority or private developer, with power to
approve or disapprove after public notice and an opportunity for
hearings (control technique C).
(b) Under case-by-case review, States have the power to review
individual development plans, projects or land and water use
regulations (including variances and exceptions thereto) proposed by
any State or local authority or private developer which have been
identified in the management program as being subject to review for
consistency with the management program. This control technique
requires the greatest degree of policy specificity because compliance
with the program will not require any prior actions on the part of
anyone affected by the program. Specificity also is needed to avoid
challenges that decisions (made pursuant to the management program) are
unfounded, arbitrary or capricious.
(c) To have control technique C approved, a State must:
(1) Identify the plans, projects or regulations subject to review,
based on their significance in terms of impacts on coastal resources,
potential for incompatibility with the State's coastal management
program, and having greater than local significance;
(2) Identify the State agency that will conduct this review;
(3) Include the criteria by which identified plans, projects and
regulations will be approved or disapproved;
(4) Have the power to approve or disapprove identified plans,
projects or regulations that are inconsistent with the management
program, or the power to seek court review thereof; and
(5) Provide public notice of reviews and the opportunity for public
hearing prior to rendering a decision on each case-by-case review.
Sec. 923.45 Air and water pollution control requirements.
The program must incorporate, by reference or otherwise, all
requirements established by the Federal Water Pollution Control Act, as
amended (Clean Water Act or CWA), or the Clean Air Act, as amended
(CAA), or established by the Federal Government or by any state or
local government pursuant to such Acts. Such requirements must be the
water pollution control and air pollution control requirements
applicable to such program. Incorporation of the air and water quality
requirements pursuant to the CWA and CAA should involve their
consideration during program development, especially with respect to
use determinations and designation of areas for special management. In
addition, this incorporation will prove to be more meaningful if close
coordination and working relationships between the State agency and the
air and water quality agencies are developed and maintained throughout
the program development process and after program approval.
Sec. 923.46 Organizational structure.
The State must be organized to implement the management program.
The management program must describe the organizational structure that
will be used to implement and administer the management program
including a discussion of those state and other agencies, including
local governments, that will have responsibility for administering,
enforcing and/or monitoring those authorities or techniques required
pursuant to the following subsections of the Act: 306(d)(3)(B);
306(d)(10); 306(d)(10) (A) and (B); 306(d) (11) and (12); and 307(f).
The management program must also describe the relationship of these
administering agencies to the state agency designated pursuant to
subsection 306(d)(6) of the Act.
Sec. 923.47 Designated State agency.
(a) For program approval, the Governor of the state must designate
a single state agency to receive and administer the grants for
implementing the management program.
(1) This entity must have the fiscal and legal capability to accept
and administer grant funds, to make contracts or other arrangements
(such as passthrough grants) with participating agencies for the
purpose of carrying out specific management tasks and to account for
the expenditure of the implementation funds of any recipient of such
monies, and
(2) This entity must have the administrative capability to monitor
and evaluate the management of the State's coastal resources by the
various agencies and/or local governments with specified
responsibilities under the management program (irrespective of whether
such entities receive section 306 funds); to make periodic reports to
the Office of Ocean and Coastal Resource Management (OCRM), the
Governor, or the State legislature, as appropriate, regarding the
performance of all agencies involved in the program. The entity also
must be capable of presenting evidence of adherence to the management
program or justification for deviation as part of the review by OCRM of
State performance required by section 312 of the Act.
(b) (1) The 306 agency designation is designed to establish a
single point of accountability for prudent use of administrative funds
in the furtherance of the management and for monitoring of management
activities. Designation does not imply that this single agency need be
a ``super agency'' or the principal implementation vehicle. It is,
however, the focal point for proper administration and evaluation of
the State's program and the entity to which OCRM will look when
monitoring and reevaluating a State's program during program
implementation.
(2) The requirement for the single designated agency should not be
viewed as confining or otherwise limiting the role and responsibilities
which may be assigned to this agency. It is up to the State to decide
in what manner and to what extent the designated State agency will be
involved in actual program implementation or enforcement. In
determining the extent to which this agency should be involved in
program implementation or enforcement, specific factors should be
considered, such as the manner in which local and regional authorities
are involved in program implementation, the administrative structure of
the State, the authorities to be relied upon and the agencies
administering such authorities. Because the designated State agency may
be viewed as the best vehicle for increasing the unity and efficiency
of a management program, the State may want to consider the following
in selecting which agency to designate:
(i) Whether the designated State entity has a legislative mandate
to coordinate other State or local programs, plans and/or policies
within the coastal zone;
(ii) To what extent linkages already exist between the entity,
other agencies, and local governments;
(iii) To what extent management or regulatory authorities affecting
the coastal zone presently are administered by the agency; and
(iv) Whether the agency is equipped to handle monitoring,
evaluation and enforcement responsibilities.
[[Page 33812]]
Sec. 923.48 Documentation.
A transmittal letter signed by the Governor is required for the
submission of a management program for federal approval. The letter
must state that the Governor:
(a) Has reviewed and approved as State policy, the management
program, and any changes thereto, submitted for the approval of the
Assistant Administrator.
(b) Has designated a single State agency to receive and administer
implementation grants;
(c) Attests to the fact that the State has the authorities
necessary to implement the management program; and
(d) Attests to the fact that the State is organized to implement
the management program.
Subpart F--Coordination, Public Involvement and National Interest
Sec. 923.50 General.
(a) Coordination with governmental agencies having interests and
responsibilities affecting the coastal zone, and involvement of
interest groups as well as the general public is essential to the
development and administration of State coastal management programs.
The coordination requirements of this subpart are intended to achieve a
proper balancing of diverse interests in the coastal zone. The policies
of section 303 of the Act require that there be a balancing of variety,
sometimes conflicting, interests, including:
(1) The preservation, protection, development and, where possible,
the restoration or enhancement of coastal resources;
(2) The achievement of wise use of coastal land and water resources
with full consideration for ecological, cultural, historic, and
aesthetic values and needs for compatible economic development;
(3) The involvement of the public, of Federal, state and local
governments and of regional agencies in the development and
implementation of coastal management programs;
(4) The management of coastal development to improve, safeguard,
and restore coastal water quality; and
(5) The study and development of plans for addressing the adverse
effects of coastal hazards, including erosion, flooding, land
subsidence and sea level rise.
(b) In order to be meaningful, coordination with and participation
by various units and levels of government including regional
commissions, interest groups, and the general public should begin early
in the process of program development and should continue throughout on
a timely basis to assure that such efforts will result in substantive
inputs into a State's management program. State efforts should be
devoted not only to obtaining information necessary for developing the
management program but also to obtaining reactions and recommendations
regarding the content of the management program and to responding to
concerns by interested parties. The requirements for intergovernmental
cooperation and public participation continue after program approval.
(c) This subpart deals with requirements for coordination with
governmental entities, interest groups and the general public to assure
that their interests are fully expressed and considered during the
program devel
FR Doc. 96-16402 Coastal Zone Management Program Regulations
opment process and that procedures are created to insure
continued consideration of their views during program implementation.
In addition, this subpart deals with mediation procedures for serious
disagreements between States and Federal agencies that occur during
program development and implementation. This subpart addresses the
requirements of the following subsections of the Act: 306(d)(1)--
Opportunity for Full Participation; 306(d)(3)(A)--Plan Coordination;
306(d)(3)(B)--Continued State-Local Consultation; 306(d)(4)--Public
Hearings; 306(d)(8)--Consideration of the National Interest in
Facilities; 307(b)--Federal Consultation; and 307(h)--Mediation.
Sec. 923.51 Federal-State consultation.
(a) The management program must be developed and adopted with the
opportunity of full participation by relevant Federal agencies and with
adequate consideration of the views of Federal agencies principally
affected by such program.
(b) By providing relevant Federal agencies with the opportunity for
full participation during program development and for adequately
considering the views of such agencies, States can effectuate the
Federal consistency provisions of subsections 307 (c) and (d) of the
Act once their programs are approved. (See 15 CFR part 930 for a full
discussion of the Federal consistency provisions of the Act.)
(c) In addition to the consideration of relevant Federal agency
views required during program development, Federal agencies have the
opportunity to provide further comment during the program review and
approval process. (See subpart G for details on this process.)
Moreover, in the event of a serious disagreement between a relevant
Federal agency and designated State agency during program development
or during program implementation, the mediation provisions of
subsection 307(h) of the Act are available. (See Sec. 923.54 for
details on mediation.)
(d) In order to provide an opportunity for participation by
relevant Federal agencies and give adequate consideration to their
views, each state must:
(1) Contact each relevant Federal Agency listed in Sec. 923.2(d)
and such other Federal agencies as may be relevant, owing to a State's
particular circumstances, early in the development of its management
program. The purpose of such contact is to develop mutual arrangements
or understandings regarding that agency's participation during program
development;
(2) Provide for Federal agency input on a timely basis as the
program is developed. Such input shall be related both to information
required to develop the management program and to evaluation of and
recommendations concerning various elements of the management program;
(3) Solicit statements from the head of Federal agencies identified
in Table 1 of Sec. 923.52(c)(1) as to their interpretation of the
national interest in the planning for and siting of facilities which
are more than local in nature;
(4) Summarize the nature, frequency, and timing of contacts with
relevant Federal agencies;
(5) Evaluate Federal comments received during the program
development process and, where appropriate in the opinion of the State,
accommodate the substance of pertinent comments in the management
program. States must consider and evaluate relevant Federal agency
views or comments about the following:
(i) Management of coastal resources for preservation, conservation,
development, enhancement or restoration purposes;
(ii) Statements of the national interest in the planning for or
siting of facilities which are more than local in nature;
(iii) Uses which are subject to the management program;
(iv) Areas which are of particular concern to the management
program;
(v) Boundary determinations;
(vi) Shorefront access and protecting planning, energy facility
planning and erosion planning processes; and
(vii) Federally developed or assisted plans that must be
coordinated with the management program pursuant to subsection
306(d)(3) of the Act.
[[Page 33813]]
(6) Indicate the nature of major comments by Federal agencies
provided during program development (either by including copies of
comments or by summarizing comments) and discuss any major differences
or conflicts between the management program and Federal views that have
not been resolved at the time of program submission.
Sec. 923.52 Consideration of the national interest in facilities.
(a) The management program must provide for adequate consideration
of the national interest involved in planning for, and managing the
coastal zone, including the siting of facilities such as energy
facilities which are of greater than local significance. In the case of
energy facilities, the State must have considered any applicable
national or interstate energy plan or program.
(b) The primary purpose of this requirement is to assure adequate
consideration by States of the national interest involved in the
planning for and siting of facilities (which are necessary to meet
other than local requirements) during:
(1) The development of the State's management program,
(2) The review and approval of the program by the Assistant
Administrator, and
(3) The implementation of the program as such facilities are
proposed.
(c) In order to fulfill this requirement, States must:
(1) Describe the national interest in the planning for and siting
of facilities considered during program development.
(2) Indicate the sources relied upon for a description of the
national interest in the planning for and siting of the facilities.
(3) Indicate how and where the consideration of the national
interest is reflected in the substance of the management program. In
the case of energy facilities in which there is a national interest,
the program must indicate the consideration given any national or
interstate energy plans or programs which are applicable to or affect a
state's coastal zone.
(4) Describe the process for continued consideration of the
national interest in the planning for and siting of facilities during
program implementation, including a clear and detailed description of
the administrative procedures and decisions points where such interest
will be considered.
Sec. 923.53 Federal consistency procedures.
(a) A State must include in its management program submission, as
part of the body of the submission an appendix or an attachment, the
procedures it will use to implement the Federal consistency
requirements of subsections 307 (c) and (d) of the Act. At a minimum,
the following must be included:
(1) An indication of whether the state agency designated pursuant
to subsection 306(d)(6) of the Act or a single other agency will handle
consistency review (see 15 CFR 930.18);
(2) A list of Federal license and permit activities that will be
subject to review (see 15 CFR 930.53);
(3) For States anticipating coastal zone effects from Outer
Continental Shelf (OCS) activities, the license and permit list also
must include OCS plans which describe in detail Federal license and
permit activities (see 15 CFR 930.74); and
(4) The public notice procedures to be used for certifications
submitted for Federal License and permit activities and, where
appropriate, for OCS plans (see 15 CFR 930.61 through 930.62 and
930.78).
(b) Beyond the minimum requirements contained in paragraph (a) of
this section, States have the option of including:
(1) A list of Federal activities, including development projects,
which in the opinion of the State agency are likely to significantly
affect the coastal zone and thereby will require a Federal agency
consistency determination (see 15 CFR 930.35); and
(2) A description of the types of information and data necessary to
assess the consistency of Federal license and permit activities and,
where appropriate, those described in detail in OCS plans (see 15 CFR
930.56 and 930.75).
Sec. 923.54 Mediation.
(a) Section 307(h) of the Act provides for mediation of serious
disagreement between any Federal agency and a coastal state in the
development and implementation of a management program. In certain
cases, mediation by the Secretary, with the assistance of the Executive
Office of the President, may be an appropriate forum for conflict
resolution.
(b) State-Federal differences should be addressed initially by the
parties involved. Whenever a serious disagreement cannot be resolved
between the parties concerned, either party may request the informal
assistance of the Assistant Administrator in resolving the
disagreement. This request shall be in writing, stating the points of
disagreement and the reason therefore. A copy of the request shall be
sent to the other party to the disagreement.
(c) If a serious disagreement persists, the Secretary or other head
of a relevant Federal agency, or the Governor or the head of the state
agency designated by the Governor as administratively responsible for
program development (if a state still is receiving section 305 program
development grants) or for program implementation (if a state is
receiving section 306 program implementation grants) may notify the
Secretary in writing of the existence of a serious disagreement, and
may request that the Secretary seek to mediate the serious
disagreement. A copy of the written request must be sent to the agency
with which the requesting agency disagrees and to the Assistant
Administrator.
(d) Secretarial mediation efforts shall last only so long as the
parties agree to participate. The Secretary shall confer with the
Executive Office of the President, as necessary, during the mediation
process.
(e) Mediation shall terminate:
(1) At any time the parties agree to a resolution of the serious
disagreement,
(2) If one of the parties withdraws from mediation,
(3) In the event the parties fail to reach a resolution of the
serious disagreement within 15 days following Secretarial mediation
efforts, and the parties do not agree to extend mediation beyond that
period, or
(4) For other good cause.
(f) The availability of the mediation services provided in this
section is not intended expressly or implicitly to limit the parties'
use of alternate forums to resolve disputes. Specifically, judicial
review where otherwise available by law may be sought by any party to a
serious disagreement without first having exhausted the mediation
process provided herein.
Sec. 923.55 Full participation by State and local governments,
interested parties, and the general public.
The management program must be developed and adopted with the
opportunity of full participation by state agencies, local governments,
regional commissions and organizations, port authorities, and other
interested public and private parties. To meet this requirement, a
State must:
(a) Develop and make available general information regarding the
program design, its content and its status throughout program
development;
(b) Provide a listing, as comprehensive as possible, of all
governmental agencies, regional
[[Page 33814]]
organizations, port authorities and public and private organizations
likely to be affected by or to have a direct interest in the
development and implementation of the management program;
(c) Indicate the nature of major comments received from interested
or affected parties, identified in paragraph (b)(2) of this section,
and the nature of the State's response to these comments; and
(d) Hold public meetings, workshops, etc., during the course of
program development at accessible locations and convenient times, with
reasonable notice and availability of materials.
Sec. 923.56 Plan coordination.
(a) The management program must be coordinated with local,
areawide, and interstate plans applicable to areas within the coastal
zone--
(1) Existing on January 1 of the year in which the state's
management program is submitted to the Secretary; and
(2) Which have been developed by a local government, an areawide
agency, a regional agency, or an interstate agency.
(b) A State must insure that the contents of its management program
has been coordinated with local, areawide and interstate plans
applicable to areas within the coastal zone existing on January 1 of
the year in which the State's management program is submitted to the
Assistant Administrator for approval. To document this coordination,
the management program must:
(1) Identify local governments, areawide agencies and regional or
interstate agencies which have plans affecting the coastal zone in
effect on January 1 of the year in which the management program is
submitted;
(2) List or provide a summary of contacts with these entities for
the purpose of coordinating the management program with plans adopted
by a governmental entity as of January 1 of the year in which the
management program is submitted. At a minimum, the following plans,
affecting a State coastal zone, shall be reviewed: Land use plans
prepared pursuant to section 701 of the Housing and Urban Development
Act of 1968, as amended; State and areawide waste treatment facility or
management plans prepared pursuant to sections 201 and 208 of the Clean
Water Act, as amended; plans and designations made pursuant to the
National Flood Insurance Act of 1968, as amended, and the Flood
Disaster Protection Act of 1973, as amended; hazard mitigation plans
prepared pursuant to section 409 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act; any applicable interstate energy
plans or programs developed pursuant to section 309 of the Act;
regional and interstate highway plans; plans developed by Regional
Action Planning Commission; and fishery management plans developed
pursuant to the Fisheries Conservation and Management Act.
(3) Identify conflicts with those plans of a regulatory nature that
are unresolved at the time of program submission and the means that can
be used to resolve these conflicts.
Sec. 923.57 Continuing consultation.
(a) As required by subsection 306(d)(3)(B) of the Act, a State must
establish an effective mechanism for continuing consultation and
coordination between the management agency designated pursuant to
paragraph (6) of section 306(d) of the Act and with local governments,
interstate agencies, regional agencies, and areawide agencies within
the coastal zone to assure the full participation of those local
governments and agencies in carrying out the purposes of this Act.
(b) The management program must establish a procedure whereby local
governments with zoning authority are notified of State management
program decisions which would conflict with any local zoning ordinance
decision.
(1) ``Management program decision'' refers to any major,
discretionary policy decisions on the part of a management agency, such
as the determination of permissible land and water uses, the
designation of areas or particular concern or areas for preservation or
restoration, or the decision to acquire property for public uses.
Regulatory actions which are taken pursuant to these major decisions
are not subject to the State-local consultation mechanisms. A State
management program decision is in conflict with a local zoning
ordinance if the decision is contradictory to that ordinance. A State
management program decision that consists of additional but not
contradictory requirements is not in conflict with a local zoning
ordinance, decision or other action;
(2) ``Local government'' refers to these defined in section 304(11)
of the Act which have some form of zoning authority.
(3) ``Local zoning ordinance, decision or other action'' refers to
any local government land or water use action which regulates or
restricts the construction, alteration of use of land, water or
structures thereon or thereunder. These actions include zoning
ordinances, master plans and official maps. A local government has the
right to comment on a State management program decision when such
decision conflicts with the above specified actions;
(4) Notification must be in writing and must inform the local
government of its right to submit comments to the State management
agency in the event the proposed State management program decision
conflicts with a local zoning ordinance, decision or other action. The
effect of providing such notice is to stay State action to implement
its management decision for at least a 30-day period unless the local
government waives its right to comment.
(5) ``Waiver'' of the right of local government to comment (thereby
permitting a State agency to proceed immediately with implementation of
the management program decision) shall result:
(i) Following State agency receipt of a written statement from a
local government indicating that it either:
(A) Waives its right to comment; or
(B) Concurs with the management program decision; or
(C) Intends to take action which conflicts or interferes with the
management program decision; or
(ii) Following a public statement by a local government to the same
effect as paragraph (b)(5)(i) of this section; or
(iii) Following an action by a local government that conflicts or
interferes with the management program decision.
(6) The management program shall include procedures to be followed
by a management agency in considering a local government's comments.
These procedures shall include, at a minimum, circumstances under which
the agency will exercise its discretion to hold a public hearing. Where
public hearings will be held, the program must set forth notice and
other hearing procedures that will be followed. Following State agency
consideration of local comments (when a discretionary public hearing is
not held) or following public hearing, the management agency shall
provide a written response to the affected local government, affected
local government, within a reasonable period of time and prior to
implementation of the management program decision, on the results of
the agency's consideration of public comments.
Sec. 923.58 Public hearings.
The management program must be developed and adopted after the
holding of public hearings. A State must:
(a) Hold a minimum of two public hearings during the course of
program
[[Page 33815]]
development, at least one of which will be on the total scope of the
coastal management program. Hearings on the total management program do
not have to be held on the actual document submitted to the Assistant
Administrator for section 306 approval. However, such hearing(s) must
cover the substance and content of the proposed management program in
such a manner that the general public, and particularly affected
parties, have a reasonable opportunity to understand the impacts of the
management program. If the hearing(s) are not on the management
document per se, all requests for such document must be honored and
comments on the document received prior to submission of the document
to the Assistant Administrator must be considered;
(b) Provide a minimum of 30 days public notice of hearing dates and
locations;
(c) Make available for public review, at the time of public notice,
all agency materials pertinent to the hearings; and
(d) Include a transcript or summary of the public hearing(s) with
the State's program document or submit same within thirty (30) days
following submittal of the program to the Assistant Administrator. At
the same time this transcript or summary is submitted to the Assistant
Administrator, it must be made available, upon request, to the public.
Subpart G--Review/Approval Procedures
Sec. 923.60 Review/approval procedures.
(a) All state management program submissions must contain an
environmental assessment at the time of submission of the management
program to OCRM for threshold review. In accordance with regulations
implementing the National Environmental Policy Act of 1969, as amended,
OCRM will assist the State by outlining the types of information
required. (See 40 CFR Sec. 1506.5 (a) and (b).)
(b) Upon submission by a State of its draft management program,
OCRM will determine if it adequately meets the requirements of the Act
and this part. Assuming positive findings are made and major revisions
to the State's draft management program are not required, OCRM will
prepare draft and final environmental impact statements, in accordance
with National Environmental Policy Act requirements. Because the review
process involves preparation and dissemination of draft and final
environmental impact statements and lengthy Federal agency review;
states should anticipate that it will take at least 7 months between
the time a state first submits a draft management program to OCRM for
threshold review and the point at which the Assistant Administrator
makes a final decision on whether to approve the management program.
Certain factors will contribute to lengthening or shortening this time
table; these factors are discussed in OCRM guidance on the review/
approval process. The OCRM guidance also recommends a format for the
program document submitted to the Assistant Administrator for review
and approval.
Subpart H--Amendments to and Termination of Approved Management
Programs
Sec. 923.80 General.
(a) This subpart establishes the criteria and procedures by which
amendments, modifications or other changes to approved management
programs may be made. This subpart also establishes the conditions and
procedures by which administrative funding may be terminated for
programmatic reasons.
(b) Any coastal state may amend or modify a management program
which it has submitted and which has been approved by the Assistant
Administrator under this subsection, subject to the conditions provided
for subsection 306(e) of the Act.
(c) As required by subsection 312(d) of the Act, the Assistant
Administrator shall withdraw approval of the management program of any
coastal state and shall withdraw financial assistance available to that
state under this title as well as any unexpended portion of such
assistance, it the Assistant Administrator determines that the coastal
state has failed to take the actions referred to in subsection
312(c)(2)(A) of the Act.
(d) For purposes of this subpart, amendments are defined as
substantial changes in one or more of the following coastal management
program areas:
(1) Uses subject to management;
(2) Special management areas;
(3) Boundaries;
(4) Authorities and organization; and
(5) Coordination, public involvement and the national interest.
(e) OCRM will provide guidance on program changes. The five program
management areas identified in Sec. 923.80(d) are also discussed in
subpart B through F of this part.
Sec. 923.81 Requests for amendments.
(a) Requests for amendments shall be submitted to the Assistant
Administrator by the Governor of a coastal state with an approved
management program or by the head of the state agency (designated
pursuant to subsection 306(d)(6) of the Act) if the Governor had
delegated this responsibility and such delegation is part of the
approved management program. Whenever possible, requests should be
submitted prior to final State action to implement the amendment. At
least one public hearing must be held on the proposed amendment,
pursuant to subsection 306(d)(4) of the Act. Pursuant to section 311 of
the Act, notice of such public hearing(s) must be announced at least 30
days prior to the hearing date. At the time of the announcement,
relevant agency materials pertinent to the hearing must be made
available to the public.
(b) Amendment requests must contain the following:
(1) A description of the proposed change, including specific pages
and text of the management program that will be changed if the
amendment is approved by the Assistant Administrator. This description
shall also identify any enforceable policies to be added to the
management program;
(2) explanation of why the change is necessary and appropriate,
including a discussion of the following factors, as relevant; changes
in coastal zone needs, problems, issues, or priorities. This discussion
also shall identify which findings, if any made by the Assistant
Administrator in approving the management program may need to be
modified if the amendment is approved;
(3) A copy of public notice(s) announcing the public hearing(s) on
the proposed amendments;
(4) A summary of the hearing(s) comments:
(i) Where OCRM is providing Federal agency review concurrent with
the notice period for the State's public hearing, this summary of
hearing(s) comments may be submitted to the Assistant Administrator
within 60 days after the hearing;
(ii) Where hearing(s) summaries are submitted as a supplement to
the amendment request (as in the case described in paragraph (b)(1) of
this section), the Assistant Administrator will not take final action
to approve or disapprove an amendment request until the hearing(s)
summaries have been received and reviewed; and
(5) Documentation of opportunities provided relevant Federal,
State, regional and local agencies, port authorities and other
interested public and private parties to participate in the development
and approval at the State level of the proposed amendment.
[[Page 33816]]
Sec. 923.82 Amendment review/approval procedures.
(a) Upon submission by a State of its amendment request, OCRM will
review the request to determine preliminarily if the management
program, if changed according to the amendment request, still will
constitute an approvable program. In making this determination, OCRM
will determine whether the state has satisfied the applicable program
approvability criteria of subsection 306(d) of the Act.
(b) If the Assistant Administrator, as a preliminary matter,
determines that the management program, if changed, would no longer
constitute an approvable program, or if any of the procedural
requirements of section 306(d) of the Act have not been met, the
Assistant Administrator shall advise the state in writing of the
reasons why the amendment request cannot be considered.
(c) If the Assistant Administrator, as a preliminary matter,
determines that the management program, if changed, would still
constitute an approvable program and that the procedural requirements
of section 306(d) of the Act have been met, the Assistant Administrator
will then determine, pursuant to the National Environmental Policy Act
of 1969, as amended, whether an environmental impact statement (EIS) is
required.
Sec. 923.89 Mediation of amendments.
(a) Section 307(h)(2) of the Act provides for mediation of
``serious disagreements'' between a Federal agency and a coastal State
during administration of an approved management program. Accordingly
mediation is available to states or federal agencies when a serious
disagreement regarding a proposed amendment arises.
(b) Mediation may be requested by a Governor or head of a state
agency designated pursuant to subsection 306(d)(6) or by the head of a
relevant federal agency. Mediation is a voluntary process in which the
Secretary of Commerce attempts to mediate between disagreeing parties
over major problems. (See Sec. 923.54).
Sec. 923.84 Routine program changes.
(a) Further detailing of a State's program that is the result of
implementing provisions approved as part of a State's approved
management program, that does not result in the type of action
described in Sec. 923.80(d), will be considered a routine program
change. While a routine change is not subject to the amendment
procedures contained in Secs. 923.81 through 923.82, it is subject to
mediation provisions of Sec. 923.83.
(b) (1) States must notify OCRM of routine program change actions
in order that OCRM may review the action to ensure it does not
constitute an amendment. The state notification shall identify any
enforceable policies to be added to the management program, and explain
why the program change will not result in the type of action described
in Sec. 923.80(d).
(i) States have the option of notifying OCRM of routine changes on
a case-by-case basis, periodically throughout the year, or annually.
(ii) In determining when and how often to notify OCRM of such
actions, States should be aware that Federal consistency will apply
only after the notice required by paragraph (b)(4) of this section has
been provided.
(2) Concurrent with notifying OCRM, States must provide notice to
the general public and affected parties, including local governments,
other State agencies and regional offices of relevant federal agencies
of the notification given OCRM.
(i) This notice must:
(A) Describe the nature of the routine program change and identify
any enforceable policies to be added to the management program if the
State's request is approved;
(B) Indicate that the State considers it to be a routine program
change and has requested OCRM's concurrence in that determination; and
(C) Indicate that any comments on whether or not the action does or
does not constitute a routine program change may be submitted to OCRM
within 3 weeks of the date of issuance of the notice.
(ii) Where relevant Federal agencies do not maintain regional
offices, notice must be provided to the headquarters office.
(3) Within 4 weeks of receipt of notice from a State, OCRM will
inform the State whether it concurs that the action constitutes a
routine program change. Failure to notify a State in writing within 4
weeks of receipt of notice shall be considered concurrence.
(4) Where OCRM concurs, a State then must provide notice of this
fact to the general public and affected parties, including local
governments, other State agencies and relevant Federal agencies.
(i) This notice must:
(A) Indicate the date on which the State received concurrence from
OCRM that the action constitutes a routine program change;
(B) Reference the earlier notice (required in paragraph (b)(2) of
this section) for a description of the content of the action; and
(C) Indicate if Federal consistency applies as of the date of the
notice called for in this paragraph.
(ii) Federal consistency shall not be required until this notice
has been provided.
(5) Where OCRM does not concur, a State will be advised to:
(1) submit the action as an amendment, subject to the provisions of
Secs. 923.81 through 923.82; or
(ii) resubmit the routine program change with additional
information requested by OCRM concerning how the program will be
changed as a result of the action.
Subpart I--Applications for Program Development or Implementation
Grants
Sec. 923.90 General.
(a) The primary purpose of development grants made pursuant to
section 305 of the Act is to assist coastal States in the development
of comprehensive coastal management programs that can be approved by
the Assistant Administrator. The primary purpose of implementation
grants made pursuant to section 306 of the Act is to assist coastal
States in implementing coastal management programs following their
approval, including especially administrative actions to implement
enforceable program policies, authorities and other management
techniques. The purpose of the guidelines in this subpart is to define
the procedures by which grantees apply for and administer grants under
the Act. These guidelines shall be used and interpreted in conjunction
with applicable Federal laws and policies, Department of Commerce
grants management regulations, policies and procedures, and any other
applicable directives from the NOAA Grants Management Division and OCRM
program offices.
(b) Grants awarded to a State must be expended for the development
or administration, as appropriate, of a management program that meets
the requirements of the Act, and in accordance with the terms of the
award.
(c) All applications for funding under section 305 or 306 of the
Act, including proposed work programs, funding priorities and
allocations are subject to the discretion of the Assistant
Administrator.
(d) For purposes of this subpart, the term ``development grant''
means a grant awarded pursuant to subsection 305(a) of the Act.
``Administrative grant'' and ``implementation grant'' are
[[Page 33817]]
used interchangeably and mean grants awarded pursuant to subsection
306(a) of the Act.
(e) All application and preapplication forms are to be requested
from and submitted to: National Oceanic and Atmospheric Administration,
Office of Ocean and Coastal Resource Management, Coastal Programs
Division, 1305 East-West Highway (N/ORM3), Silver Spring, MD 20910.
Sec. 923.91 State responsibility.
(a) Applications for program grants are required to be submitted by
the Governor of a participating state or by the head of the state
entity designated by the Governor pursuant to subsection 306(d)(6) of
the Act.
(b) In the case of a section 305 grant, the application must
designate a single state agency or entity to receive development grants
and to be responsible for development of the State's coastal management
program. The designee need not be that entity designated by the
Governor pursuant to subsection 306(d)(6) of the Act as a single agency
to receive and administer implementation grants.
(c) One State application will cover all program activities for
which program development or implementation funds under this Act and
matching State funds are provided, irrespective of whether these
activities will be carried out by State agencies, areawide or regional
agencies, local governments, or interstate entities.
(d) The designated state entity shall be fiscally responsible for
all expenditures made under the grant, including expenditures by
subgrantees and contractors.
Sec. 923.92 Allocation.
(a) Subsections 303(4), 306(d)(3)(B) and 306(d)(10) of the Act
foster intergovernmental cooperation in that a state, in accordance
with its coastal zone management program, may allocate some of its
coastal zone management responsibilities to several agencies, including
local governments, areawide agencies, regional agencies and interstate
agencies. Such allocations provide for continuing consultation and more
effective participation and cooperation among state and local
governments, interstate, regional and areawide agencies.
(b) A State may allocate a portion or portions of its grant to
other State agencies, local governments, areawide or regional agencies,
interstate entities, or Indian tribes, if the work to result from such
allocation(s) will contribute to the effective development or
implementation of the State's management program.
(1) Local governments. Should a State desire to allocate a portion
of its grant to a local government, units of general-purpose local
government are preferred over special-purpose units of local
government. Where a State will be relying on direct State controls as
provided for in subsection 306(d)(11)(B) of the Act, pass-throughs to
local governments for local planning, regulatory or administrative
efforts under a section 306 grant cannot be made, unless they are
subject to adequate State overview and are part of the approved
management program. Where the approved management program provides for
other specified local activities or one-time projects, again subject to
adequate State overview, then a portion of administrative grant funds
may be allocated to local governments.
(2) Indian Tribes. Tribal participation in coastal management
efforts may be supported and encouraged through a State's program.
Individual tribes or groups of tribes may be considered regional
agencies and may be allocated a portion of a State's grant for the
development of independent tribal coastal management programs or the
implementation of specific management projects provided that:
(i) The State certifies that such tribal programs or projects are
compatible with its approved coastal management policies; and
(ii) On excluded tribal lands, the State demonstrates that the
tribal program or project would or could directly affect the State's
coastal zone.
Sec. 923.93 Eligible implementation costs.
(a) Costs claimed must be beneficial and necessary to the
objectives of the grant project. As used herein the terms cost and
grant project pertain to both the Federal and the matching share.
Allowability of costs will be determined in accordance with the
provisions of OMB Circular A-87: Cost Principles for State, Local and
Indian Tribal Governments.
(b) Federal funds awarded pursuant to section 306 of the Act may
not be used for land acquisition purposes and may not be used for
construction purposes. These costs may be eligible, however, pursuant
to section 306A of the Act.
(c) The primary purpose for which implementation funds, pursuant to
section 306 of the Act, are to be used is to assure effective
implementation and administration of the management program, including
especially administrative actions to implement enforceable program
policies, authorities and other management techniques. Implementation
activities should focus on achieving the policies of the Act.
(d) Section 306 funding in support of any of these purposes may be
used to fund, among other things:
(1) Personnel costs,
(2) Supplies and overhead,
(3) Equipment, and
(4) Feasibility studies and preliminary engineering reports.
(e) States are encouraged to coordinate administrative funding
requests with funding possibilities pursuant to sections 306A, 308,
309, 310 and 315 of the Act, as well as with funding possibilities
pursuant to section 6217 of the Coastal Zone Act Reauthorization
Amendments of 1990. When in doubt as to the appropriate section of the
Act under which to request funding, States should consult with OCRM.
States should consult with OCRM on technical aspects of consolidating
requests into a single application.
Sec. 923.94 Application for program development or implementation
grants.
(a) OMB Standard Form 424 (4-92) and the NOAA Application Kit for
Federal Assistance constitute the formal application. An original and
two (2) copies must be submitted 45 days prior to the desired grant
beginning date. The application must be accompanied by evidence of
compliance with E.O. 12372 requirements including the resolution of any
problems raised by the proposed project. The administrative
requirements for grants and subawards, under this program, to state,
local and Indian tribal governments are set out in 15 CFR Part 24. The
administrative requirements for other entities are prescribed under OMB
Circular A-110: Administrative Requirements for Grants and Agreements
with Institutions of Higher Education, Hospitals and Other Non-Profit
Organizations.
(b) Costs claimed as charges to the grant project must be
beneficial and necessary to the objectives of the grant project. As
used herein, the terms ``cost'' and ``grant project'' pertain to both
the Federal amount awarded and the non-federal matching share.
Allowability of costs will be determined in accordance with the
provisions of OMB Circular A-87: Cost Principles for State, Local and
Indian Tribal Governments. Eligible implementation costs also shall be
determined in accordance with Sec. 923.93 of these regulations.
Allowability of costs for non-profit organizations will be determined
in accordance with OMB Circular A-122: Cost Principles for Non-Profit
Organizations. Allowability of
[[Page 33818]]
costs for institutions of higher education will be determined in
accordance with OMB Circular A-21: Cost Principles for Educational
Institutions.
(c) In the grant application, the applicant must describe clearly
and briefly the activities that will be undertaken with grant funds in
support of implementation and administration of the management program.
This description must include:
(1) An identification of those elements of the approved management
program that are to be supported in whole or in part by the Federal and
the matching share,
(2) A clear statement of the major tasks required to implement each
element,
(3) For each task the application must:
(i) Specify how it will be accomplished and by whom;
(ii) Identify any sub-awardees (other State agencies, local
governments, individuals, etc.) that will be allocated responsibility
for carrying out all or portions of the task, and indicate the
estimated cost of the sub-awards for each allocation; and
(iii) Indicate the estimated total cost.
(4) The sum of all task costs in paragraph (c)(3) of this section
should equal the total estimated grant project cost.
(d) For program development grants, when evaluating whether a State
is making satisfactory progress toward completion of an approvable
management program which is necessary to establish eligibility for
subsequent grants, the Assistant Administrator will consider:
(1) The progress made toward meeting management program goals and
objectives;
(2) The progress demonstrated in completing the past year's work
program;
(3) The cumulative progress toward meeting the requirements for
preliminary or final approval of a coastal management program;
(4) The applicability of the proposed work program to fulfillment
of the requirements for final approval; and
(5) The effectiveness of mechanisms for insuring public
participation and consultation with affected Federal, State, regional
and local agencies in program development.
Sec. 923.95 Approval of applications.
(a) The application for a grant by any coastal State which complies
with the policies and requirements of the Act and these guidelines
shall be approved by the NOAA Grants Officer, upon recommendation by
the Assistant Administrator, assuming available funding.
(b) Should an application be found deficient, the Assistant
Administrator will notify the applicant in detail of any deficiency
when an application fails to conform to the requirements of the Act or
these regulations. Conferences may be held on these matters.
Corrections or adjustments to the application will provide the basis
for resubmittal of the application for further consideration and
review.
(c) The NOAA Grants Officer, upon recommendation by the Assistant
Administrator, may waive appropriate administrative requirements
contained in this subpart, upon finding of extenuating circumstances
relating to applications for assistance.
Sec. 923.96 Grant amendments.
(a) Actions that require an amendment to a grant award such as a
request for additional Federal funds, changes in the amount of the non-
Federal share, changes in the approved project budget as specified in
15 CFR Part 24, or extension of the grant period must be submitted to
the Assistant Administrator and approved in writing by the NOAA Grants
Officer prior to initiation of the contemplated change. Such requests
should be submitted at least 30 days prior to the proposed effective
date of the change and, if appropriate, accompanied by evidence of
compliance with E.O. 12372 requirements.
(b) NOAA shall acknowledge receipt of the grantee's request within
the ten (10) working days of receipt of the correspondence. This
notification shall indicate NOAA's decision regarding the request; or
indicate a time-frame within which a decision will be made.
PART 926--[REMOVED]
5. Part 926 which is currently reserved is removed.
PART 927--[REDESIGNATED AS PART 923, SUBPART J]
6. Part 927, consisting of Sec. 927.1, is redesignated as Subpart J
of Part 923, consisting of Sec. 923.110.
PART 928--[REDESIGNATED AS PART 923, SUBPART L]
7. Part 928 is redesignated as Subpart L of Part 923, and
Secs. 928.1 through 928.5 are redesignated as Secs. 923.131 through
923.135 in the Subpart.
Sec. 923.131 [Amended]
8. Redesignated Sec. 923.131 is amended by replacing the two
references to ``This part'' in the introductory text with references to
``This subpart.''
Sec. 923.133 [Amended]
9. Redesignated Sec. 923.133 is amended by changing the references
to 15 CFR 928.3 and 928.4 in paragraph (b)(9), the reference to
Sec. 928.3(d) in paragraph (c)(2), and the reference to
Sec. 928.3(c)(4) in paragraph (d)(2), as references to Secs. 923.133
and 923.134, Sec. 923.132(d) and Sec. 923.133(c)(4), respectively.
Sec. 923.134 [Amended]
10. Redesignated Sec. 923.134 is amended by changing the reference
to 15 CFR 928.3(b)(7) in paragraph (b)(3) as a reference to
Sec. 923.133(b)(7).
Sec. 923.135 [Amended]
11. Redesignated Sec. 923.135 is amended as follows:
(1) by changing the reference to 15 CFR 928.5(a)(3) in paragraph
(a)(2)(i) as a reference to Sec. 923.135(a)(3),
(2) by changing the reference to 15 CFR 928.4 in paragraph
(a)(2)(ii) as a reference to Sec. 923.134,
(3) by changing the reference to 15 CFR 923.81(c) in paragraph
(a)(3)(i)(G) as a reference to 15 CFR 923.81(a), and
(4) by changing the four references to 15 CFR 928.5(a)(2) in
paragraphs (b)(2) (i) and (iii) as references to Sec. 923.135(a)(2).
PART 932--[REDESIGNATED AS PART 923, SUBPART K]
12. Part 932 is redesignated as Subpart K of Part 923, and
Secs. 932.1 through 932.8 are redesignated as Secs. 923.121 through
923.128 in the Subpart.
13. Redesignated Sec. 923.121 is amended by revising paragraph (h)
to read as follows:
Sec. 923.121 General
* * * * *
(h) All application forms are to be requested from and submitted
to: National Oceanic and Atmospheric Administration, Office of Ocean
and Coastal Resources Management, Coastal Programs Division, 1305 East-
West Highway (N/ORM3), Silver Spring, MD 20910.
14. Redesignated Sec. 923.121 is further amended as follows:
(1) by changing the references to ``this part'' in paragraphs (a)
and (b) with references to ``this subpart'', and
(2) by changing the reference to 15 CFR 932.8 in paragraph (b)(1)
as a reference to Sec. 923.128.
Sec. 923.123 [Amended]
15. Redesignated Sec. 923.123 is amended as follows:
(1) in paragraph (a), by replacing ``routine program
implementation'' with ``routine program change'',
[[Page 33819]]
(2) in the footnote in paragraph (b), the address is revised to
read: ``Office of Ocean and Coastal Resource Management, Coastal
Programs Division, 1305 East-West Highway (N/ORM3), Silver Spring, MD
20910'', and
(3) by changing the reference to 15 CFR 932.5(a) in paragraph (d)
and the reference to 15 CFR 932.5(b) in paragraph (e), as references to
Secs. 923.125(a) and 923.125(b), respectively.
Sec. 923.124 [Amended]
16. Redesignated Sec. 923.124 is amended as follows:
(1) by changing the reference to 15 CFR 932.1(b) and 15 CFR
927.1(c) in paragraph (d)(1)(i) as references to Sec. 0923.121(b) and
923.110(c), respectively,
(2) by changing the reference to 15 CFR 932.4(d) in paragraph
(d)(1)(iii) as a reference to Sec. 923.124(d),
(3) by changing the reference to 15 CFR 932.8 in paragraph (d)(3)
as a reference to Sec. 923.128,
(4) by changing the references to 15 CFR 932.4(d), 15 CFR 932.3(d)
and 15 CFR 932.5(b) in paragraph (e) as references to Secs. 923.124(d),
923.123(d), and 923.125(b), respectively, and
(5) by changing the references to 15 CFR 932.4(b), 15 CFR 932.4(c),
15 CFR 932.4(d) and 15 CFR 932.4(e) in paragraph (f) as references to
Secs. 923.124(b), 923.124(c), 923.124(d) and 923.124(e), respectively.
Sec. 923.125 [Amended]
17. Redesignated Sec. 923.125 is amended as follows:
(1) by changing the reference to 15 CFR 932.6(b)(1) in paragraph
(a)(1)(v) as a reference to Sec. 923.126(b)(1),
(2) by changing the reference to 15 CFR 932.3(e) in paragraph
(b)(2)(ii) as a reference to Sec. 923.123(e),
(3) by changing the reference to 15 CFR 932.3(f) in paragraph
(b)(2)(iii) as a reference to Sec. 923.123(f), and
(4) by changing the references to Sec. 932.5(a) and 15 CFR 932.5(b)
in paragraph (c) as references to Secs. 923.125(a) and 923.125(b),
respectively.
18. Redesignated Sec. 923.125 is further amended by removing
footnote two in paragraph (a)(1)(ii).
Sec. 923.126 [Amended]
19. Redesignated Sec. 923.126 is amended as follows:
(1) by changing the references to 15 CFR 932.6(b) and 15 CFR
932.1(b) in paragraph (a) as references to Sec. 923.126(b) and
923.121(b), respectively,
(2) by changing the reference to 15 CFR 923.95(d)(3)(ii) in
paragraph (b)(1)(iii) as a reference to Sec. 923.94(d)(3)(ii),
(3) by changing the references to 15 CFR 932.5(a) and 15 CFR
932.5(b) in paragraph (b)(4) as references to Sec. 923.125(a) and
923.125(b), respectively,
(4) by changing the reference to 15 CFR 932.3(a) in paragraph
(b)(7) as a reference to Sec. 923.123(a),
(5) by changing the references to 15 CFR 932.5(a) and 15 CFR
932.4(d) in paragraph (b)(8) as references to Secs. 923.125(a) and
923.124(d), respectively,
(6) by changing the references to 15 CFR 932.5(a) and 15 CFR
932.5(b) in paragraph (c)(3) as references to Sec. 923.125(a) and
923.125(b), respectively,
(7) by changing the references to 15 CFR 932.5(a) and 15 CFR
932.4(d) in paragraph (c)(4) as references to Secs. 923.125(a) and
923.124(d), respectively, and
(8) by changing the reference to subpart J of 15 CFR part 923 in
paragraph (c)(5) as a reference to subpart I of 15 CFR part 923.
Sec. 923.127 [Amended]
20. Redesignated Sec. 923.127 is amended as follows:
(1) by changing the reference to subpart J of 15 CFR part 923 in
paragraph (a) as a reference to subpart I of 15 CFR part 923,
(2) by changing the reference to 15 CFR 932.6(b)(1) in paragraph
(b) as a reference to Sec. 923.126(b)(1),
(3) by changing the reference to subpart J of 15 CFR part 923 in
paragraph (c) as a reference to subpart I of 15 CFR part 923, and
(4) by changing the reference to 15 CFR 932.6(c)(2) in paragraph
(e) as a reference to Sec. 923.126(c)(2).
PART 933--COASTAL ZONE MANAGEMENT RESEARCH AND TECHNICAL ASSISTANCE
[Removed]
21. Part 933 is removed.
* * * * *
[FR Doc. 96-16402 Filed 6-27-96; 8:45 am]
BILLING CODE 3510-08-M
Complete official Federal Register PDF
FR Doc. 96-16245 Airworthiness Directives; Dornier Model 328-100 Series Airplanes
[Federal Register Volume 61, Number 126 (Friday, June 28, 1996)]
[Rules and Regulations]
[Pages 33650-33651]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16245]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 95-NM-231-AD; Amendment 39-9681; AD 96-13-12]
RIN 2120-AA64
Airworthiness Directives; Dornier Model 328-100 Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This amendment adopts a new airworthiness directive (AD),
applicable to certain Dornier Model 328-100 series airplanes, that
requires replacement of a bus power control unit (BPCU) and two
generator control units (GCU) with new improved units. This amendment
is prompted by results of the manufacturer's re-certification and
laboratory testing of a BPCU, which revealed abnormal functions of the
BPCU and the GCU. The actions specified by this AD are intended to
prevent such abnormal functions, which could result in electrical short
circuits in the electrical power distribution systems and a subsequent
fire.
DATES: Effective August 2, 1996.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of August 2, 1996.
ADDRESSES: The service information referenced in this AD may be
obtained from Dornier Luftfahrt GmbH, P.O. Box 1103, D-82230 Wessling,
Germany. 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: Gary Lium, Aerospace Engineer,
Standardization Branch, ANM-113, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (206)
227-1112; 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 Dornier Model 328-100
series airplanes was published in the Federal Register on April 4, 1996
(61 FR 15000). That action proposed to require replacement of the
generator control units (GCU's) 2PC and 12PC with new improved units
having part number 118-000-1. The AD also will require replacement of
the bus power control unit (BPCU) 20PC with a new improved unit having
part number 106-000-3.
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 12 Dornier Model 328-100 series 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. The
manufacturer will provide required parts at no cost to the operators.
Based on these figures, the cost impact of the AD on U.S. operators is
estimated to be $720, 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:
96-13-12 Dornier: Amendment 39-9681. Docket 95-NM-231-AD.
Applicability: Model 328-100 series airplanes having serial
numbers 3005 through 3024 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
modified, altered, or repaired in the area subject to the
requirements of this AD. For airplanes that have been modified,
altered, or repaired so that the performance of the requirements of
this AD is affected, the owner/operator must request approval for an
alternative method of compliance in accordance with paragraph (b) of
this AD. The request should include an assessment of the effect of
the modification, alteration, or repair on the unsafe condition
addressed by this AD; and, if the unsafe condition has not been
eliminated, the request should include specific proposed actions to
address it.
Compliance: Required as indicated, unless accomplished
previously.
To prevent abnormal functions of the bus power control units and
the generator control units, which could result in electrical short
circuits in the electrical power distribution systems and a
subsequent fire, accomplish the following:
(a) Within 3 months after the effective date of this AD, perform
the requirements of paragraph (a)(1) and (a)(2) of this AD, in
accordance with Dornier Service Bulletin SB-328-24-061, Revision 1,
dated November 3, 1994.
(1) Remove the generator control units 2PC and 12PC and replace
them with new improved units having part number 118-000-1. And,
[[Page 33651]]
(2) Remove bus power control unit 20PC and replace it with a new
improved unit having part number 106-000-3.
(b) An alternative method of compliance or adjustment of the
compliance time that provides an acceptable level of safety may be
used if approved by the Manager, Standardization Branch, ANM-113,
FAA, Transport Airplane Directorate. Operators shall submit their
requests through an appropriate FAA Principal Maintenance Inspector,
who may add comments and then send it to the Manager,
Standardization Branch, ANM-113.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Standardization Branch, ANM-113.
(c) Special flight permits may be issued in accordance with
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the airplane to a location where
the requirements of this AD can be accomplished.
(d) The removals and replacements shall be done in accordance
with Dornier Service Bulletin SB-328-24-061, Revision 1, dated
November 3, 1994, which contains the following effective pages:
------------------------------------------------------------------------
Revision level
Page No.-- shown on page Date shown on page
------------------------------------------------------------------------
1, 3-.......................... 1-............. Nov. 3, 1994.
2-............................. Original-...... Oct. 14, 1994.
------------------------------------------------------------------------
This incorporation by reference is 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.
(e) This amendment becomes effective on August 8, 1996.
Issued in Renton, Washington, on June 19, 1996.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 96-16245 Filed 6-27-96; 8:45 am]
BILLING CODE 4910-13-P
Complete official Federal Register PDF
FR Doc. 96-16172 Taxpayer Identifying Numbers (TINs); Correction
[Federal Register Volume 61, Number 126 (Friday, June 28, 1996)]
[Rules and Regulations]
[Page 33657]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16172]
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
26 CFR Part 301
[TD 8671]
RIN 1545-AS83
Taxpayer Identifying Numbers (TINs); Correction
AGENCY: Internal Revenue Service, Treasury.
ACTION: Correction to final regulations.
-----------------------------------------------------------------------
SUMMARY: This document contains corrections to final regulations [TD
8671] which were published in the Federal Register on Wednesday, May
29, 1996 (61 FR 26788). The final regulations relate to requirements
for furnishing a taxpayer identifying number on returns, statements or
other documents.
EFFECTIVE DATE: May 29, 1996.
FOR FURTHER INFORMATION CONTACT: Lilo A. Hester, (202) 874-1490 (not a
toll-free number).
SUPPLEMENTARY INFORMATION:
Background
The final regulations that are the subject of these corrections are
under section 6109 of the Internal Revenue Code.
Need for Correction
As published, TD 8671 contains errors that are in need of
correction.
Correction of Publication
Accordingly, the publication of final regulations which are the
subject of FR Doc. 96-13397 is corrected as follows:
1. On page 26790, column 1, in amendatory instruction ``Par 2.'',
line 1, the language ``Section Sec. 301.6109-1 is'' is corrected to
read ``Section 301.6109-1 is''.
Sec. 301.6109-1 [Corrected]
2. On page 26791, columns 1 and 2, Sec. 301.6109-1(d)(3)(iv)(A)(1)
is corrected to read as follows:
Sec. 301.6109-1 Identifying numbers.
* * * * *
(d) * * *
(3) * * *
(iv) * * *
(A) * * *
(1) Procedures for providing Form SS-4 and Form W-7, or such other
necessary form to applicants for obtaining a taxpayer identifying
number;
* * * * *
3. On page 26792, column 2, Sec. 301.6109-1(h)(1), line 8, the
language ``identification numbers apply after May'' is corrected to
read ``identification numbers apply on and after May''.
Cynthia E. Grigsby,
Chief, Regulations Unit, Assistant Chief Counsel (Corporate).
[FR Doc. 96-16172 Filed 6-27-96; 8:45 am]
BILLING CODE 4830-01-U
Complete official Federal Register PDF
FR Doc. 96-16171 Revision of Section 482 Cost Sharing Regulations; Correction
[Federal Register Volume 61, Number 126 (Friday, June 28, 1996)]
[Rules and Regulations]
[Pages 33656-33657]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16171]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
[TD 8670]
RIN 1545-AU20
Revision of Section 482 Cost Sharing Regulations; Correction
AGENCY: Internal Revenue Service, Treasury.
ACTION: Correction to final regulations.
-----------------------------------------------------------------------
SUMMARY: This document contains corrections to final regulations (TD
8670), which were published in the Federal Register on Monday, May 13,
1996 (61 FR 21955) relating to qualified cost sharing arrangements.
EFFECTIVE DATE: May 13, 1996.
FOR FURTHER INFORMATION CONTACT: Lisa Sams, (202) 622-3840 (not a toll-
free number).
SUPPLEMENTARY INFORMATION:
Background
The final regulations that are the subject of these corrections are
under section 482 of the Internal Revenue Code.
Need for Correction
As published, the final regulations contain errors which may prove
to be misleading and are in need of clarification.
Correction of Publication
Accordingly, the publication of the final regulations (TD 8670),
which are the subject of FR Doc. 96-11781, is corrected as follows:
Sec. 1.482-7 [Corrected]
On page 21956, column 2, instructional ``Par. 3.'', is corrected by
revising item g. to read as follows:
g. By redesignating the introductory text of paragraph (j)(2)
following the heading and paragraphs (j)(2)(i) through (j)(2)(v) as the
introductory text of paragraph (j)(2)(i) and paragraphs (j)(2)(i)(A)
through (j)(2)(i)(E),
[[Page 33657]]
respectively; and, by adding a heading to newly designated paragraph
(j)(2)(i).
Cynthia E. Grigsby,
Chief, Regulations Unit, Assistant Chief Counsel (Corporate).
[FR Doc. 96-16171 Filed 6-27-96; 8:45 am]
BILLING CODE 4830-01-P
Complete official Federal Register PDF
FR Doc. 96-16158 Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; State of New Jersey; Revised Policy Regarding Applicability of Oxygenated Fuels Requirements
[Federal Register Volume 61, Number 126 (Friday, June 28, 1996)]
[Rules and Regulations]
[Pages 33678-33680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16158]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[Region II Docket No. 146, NJ23-1-7243(c); FRL-5524-4]
Approval and Promulgation of Implementation Plans and Designation
of Areas for Air Quality Planning Purposes; State of New Jersey;
Revised Policy Regarding Applicability of Oxygenated Fuels Requirements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: On September 28, 1995, the New Jersey Department of
Environmental Protection (NJDEP) submitted requests to redesignate the
Camden County nonattainment area and nine not-classified areas from
nonattainment to attainment for carbon monoxide (CO). NJDEP also
submitted the required plans to assure continued attainment of the CO
standards in the redesignated areas. On December 7, 1995, EPA published
a direct final rulemaking (60 FR 62741) approving New Jersey's
redesignation requests along with several elements of the New Jersey
State Implementation Plan (SIP) for CO.
This action announced that the rulemaking would take effect on
February 5, 1996 (60 days after publication), unless EPA received
adverse comments by January 8, 1996 (30 days after publication), in
response to a notice of proposed rulemaking published on the same day
(60 FR 62792). EPA also committed to withdraw the direct final rule in
the event that it received adverse comments, and to respond to any
adverse comments in a subsequent final rulemaking action. EPA did
receive adverse comments on this action, but failed to withdraw the
final rule within the 60 days given in the notice of direct final
rulemaking. Therefore, the rule took effect on February 5, 1996.
[[Page 33679]]
EPA is responding to the comments it received; but, for the
following reasons, EPA is not changing the final rule in response to
those comments. Had EPA withdrawn the direct final rule prior to its
going into effect, EPA would have taken final action based on the
proposal to promulgate a rule identical to the direct final rule that
went into effect. Rather than now take the action of withdrawing the
direct final rule only to repromulgate simultaneously an identical
rule, in this action EPA is deciding to maintain the rule unchanged.
EPA believes that withdrawal and repromulgation are unnecessary since
the results would be identical to that obtained simply by leaving the
rule unchanged and responding to the comments.
This action provides interested parties an opportunity to review
how EPA addressed the comments and to petition for judicial review of
EPA's action in this final rulemaking within 60 days of this
publication, as provided in section 307(b)(1) of the Clean Air Act.
EFFECTIVE DATES: February 5, 1996.
ADDRESSES: Copies of the State submittal are available at the following
addresses for inspection during normal business hours:
Environmental Protection Agency, Region II Office, Air Programs Branch,
290 Broadway, 20th Floor, New York, New York 10007-1866
New Jersey Department of Environmental Protection, Office of Energy,
Bureau of Air Quality Planning, 401 East State Street, CN027, Trenton,
New Jersey 08625
Environmental Protection Agency, Air and Radiation Docket and
Information Center, Air Docket (6102), 401 M Street, SW, Washington, DC
20460
FOR FURTHER INFORMATION CONTACT: William S. Baker, Chief, Air Programs
Branch, Environmental Protection Agency, Region II Office, 290
Broadway, New York, New York 10007-1866, (212) 637-4249.
SUPPLEMENTARY INFORMATION:
I. Background
Camden County, which is in the Philadelphia-Wilmington-Trenton
Consolidated Metropolitan Statistical Area (CMSA), was designated
nonattainment for CO under the provisions of sections 186 and 187 of
the Clean Air Act. Because the area had a design value of 11.6 parts
per million based on 1988 and 1989 data, the area was classified
moderate. (See 56 FR 56694 (Nov. 6, 1991) and 57 FR 56762 (Nov. 30,
1992), codified at 40 CFR part 81, Sec. 81.331.) This design value was
based on ambient CO data recorded in the City of Philadelphia. For
moderate CO nonattainment areas, the Clean Air Act requires that air
quality must attain the National Ambient Air Quality Standard (NAAQS)
by December 31, 1995. The last exceedance of the CO NAAQS in Camden
County occurred in 1989.
In addition, nine areas were designated as not-classified
nonattainment under section 107(d)(1)(C) of the Clean Air Act. Three of
these not-classified areas, the City of Trenton, the City of Burlington
and the Borough of Penns Grove (part), are located within the
Philadelphia-Wilmington-Trenton CMSA. Five of the not-classified areas,
the Borough of Freehold, the City of Morristown, the City of Perth
Amboy, the City of Toms River and the Borough of Somerville, are
located in the New York-Northern New Jersey-Long Island CMSA. The
remaining not-classified area is the City of Atlantic City, which is
not contained within a CMSA. Atlantic City is part of the Atlantic City
MSA. The oxygenated gasoline requirements applicable to each of these
areas depend upon its location in the State. These requirements are
discussed in a December 7, 1995 direct final notice (60 FR 62741).
The nine areas were considered ``not-classified'' because they
previously had been designated nonattainment; however, air quality data
collected during the period 1988 and 1989 showed that the NAAQS were
met or data were not available. In those instances where air quality
was no longer being monitored, concentrations measured in prior years
had been well below the CO NAAQS.
In an effort to comply with the Clean Air Act and to ensure
continued attainment of the NAAQS, on September 28, 1995, the State of
New Jersey submitted CO redesignation requests and maintenance plans
for Camden County and the nine not-classified areas. This submittal
contained evidence that public hearings were held on September 8, 1995.
EPA published a direct final notice (60 FR 62741) and a proposed
notice (60 FR 62792) on December 7, 1995. Since comments were received
which needed addressing, EPA is addressing these comments at this time.
The reader is referred to the direct final notice for a detailed
discussion of EPA's action.
II. Comments
EPA received comments from The New York Mercantile Exchange (NYMEX)
and the New York State Department of Environmental Conservation
(NYSDEC) on the December 7, 1995 notice. EPA's response to the comments
is contained in a Technical Support Document entitled ``New Jersey
Carbon Monoxide Redesignation Request For Camden County & Nine Not-
Classified Areas Technical Support Document (TSD); October 16, 1995;
Amended March 7, 1996'' found in Docket No. 146.
EPA does not believe that any of the comments present reasons why
the Agency should not proceed with its proposed action, and the Agency
is confident that New Jersey's redesignation request is technically
sound. Therefore, EPA reaffirms its redesignation of Camden County and
the nine not-classified areas in New Jersey to attainment of the CO
NAAQS.
III. Summary
EPA is approving the Camden County and nine not-classified CO
maintenance plans because they meet the requirements set forth in
section 175A of the Clean Air Act. In addition, the Agency is approving
the requests for redesignating Camden County and the nine not-
classified areas to attainment because the State has demonstrated
compliance with the requirements of section 107(d)(3)(E) of the Act for
redesignation.
In the December 7, 1995 notice EPA also took action on the
contingency measures and statewide emissions inventory found in the New
Jersey CO SIP. The contingency measures include transportation control
measures which cover traffic flow improvements, park & ride lots, and
increased ridesharing. EPA received no comments on these SIP elements.
The State has demonstrated to EPA's satisfaction that Camden County
and the nine not-classified areas had attained the CO standard before
the implementation of the oxygenated gasoline program and that as a
result the oxygenated gasoline program was not needed to attain or
maintain the CO standard. Therefore, EPA finds that the oxygenated
gasoline program is not required in these areas in order to meet the
criteria for redesignation.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any SIP. Each request for revision to the SIP shall be
considered separately in light of specific technical, economic, and
environmental factors and in relation to relevant statutory and
regulatory requirements.
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. 603
[[Page 33680]]
and 604. Alternatively, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
SIP approvals under section 110 and Subchapter I, Part D of the
Clean Air Act do not create any new requirements, but simply approve
requirements that the State is already imposing. Therefore, because the
federal SIP-approval does not impose any new requirements, I certify
that it does not have a significant impact on any small entities
affected. Moveover, due to the nature of the federal-state relationship
under the Clean Air Act, preparation of a regulatory flexibility
analysis would constitute federal inquiry into the economic
reasonableness of state action. The Clean Air Act forbids EPA to base
its actions concerning SIPs on such grounds. Union Electric Co. v US
EPA, 427 US 246, 256-66 (S.Ct. 1976); 42 U.S.C. 7410(a)(2).
Under sections 202, 203, and 205 of the Unfunded Mandates Reform
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22,
1995, EPA must undertake various actions in association with proposed
or final rules that include a federal mandate that may result in
estimated annual costs of $100 million or more to the private sector,
or to state, local, or tribal governments in the aggregate.
Through submission of this SIP or plan revision, the state and any
affected local or tribal governments have elected to adopt the program
provided for under sections 110 and 187 of the Clean Air Act. These
rules may bind state, local and tribal governments to perform certain
actions and also require the private sector to perform certain duties.
To the extent that the rules being approved by this action would impose
any mandate upon the state, local or tribal governments either as the
owner or operator of a source or as a regulator, or would impose any
mandate upon the private sector, EPA's action will impose no new
requirements; such sources are already subject to these regulations
under State law. Accordingly, no additional costs to state, local, or
tribal governments, or to the private sector, result from this action.
EPA has also determined that this final action does not include a
mandate that may result in estimated annual costs of $100 million or
more to state, local, or tribal governments in the aggregate or to the
private sector.
Under 5 U.S.C. section 605(b), I certify that redesignations do not
have a significant economic impact on a substantial number of small
entities. (See 46 FR 8709.)
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for
Air and Radiation. The Office of Management and Budget (OMB) has
exempted this regulatory action from E.O. 12866 review.
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this rule must be filed in the United States Court
of Appeals for the appropriate circuit within 60 days from date of
publication. Filing a petition for reconsideration by the Administrator
of this final rule does not affect the finality of this rule for the
purposes of judicial review nor does it extend the time within which a
petition for judicial review may be filed and shall not postpone the
effectiveness of such rule or action. This rule may not be challenged
later in proceedings to enforce its requirements. (See 307(b)(2).)
List of Subjects 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations.
40 CFR Part 81
Air pollution control, National parks, and Wilderness areas.
Authority: 42 U.S.C. 7401-7671q.
Dated: May 31, 1996.
William J. Muszynski,
Acting Regional Administrator.
[FR Doc. 96-16158 Filed 6-27-96; 8:45 am]
BILLING CODE 6560-50-P
Complete official Federal Register PDF
FR Doc. 96-16156 Clean Air Act Attainment Extension for the Municipality of Anchorage Area Carbon Monoxide Nonattainment Area: Alaska
[Federal Register Volume 61, Number 126 (Friday, June 28, 1996)]
[Rules and Regulations]
[Pages 33676-33678]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16156]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[AK13-7101a; FRL-5523-7]
Clean Air Act Attainment Extension for the Municipality of
Anchorage Area Carbon Monoxide Nonattainment Area: Alaska
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: This action grants a one (1) year attainment date extension
for the Municipality of Anchorage (MOA), Alaska carbon monoxide (CO)
nonattainment area. The MOA area failed to attain the National Ambient
Air Quality Standard (NAAQS) for CO by the December 31, 1995 deadline
pursuant to the 1990 Clean Air Act Amendments (CAAA). CO attainment is
based on eight (8) consecutive quarters (two years) of clean air
quality data. There were two (2) exceedances of the CO NAAQS recorded
in the nonattainment area in 1994, and no exceedances in 1995. Due to
no exceedances in 1995 and the State's compliance with all requirements
and commitments pertaining to the MOA area in the Alaska State
Implementation Plan (SIP), an extension to meet the standards by
December 31, 1996 is granted. This action is based on 1994 and 1995
monitored air quality data for the CO NAAQS.
DATES: This action is effective on August 27, 1996 unless adverse or
critical comments are received by July 29, 1996. If the effective date
is delayed, timely notice will be published in the Federal Register.
ADDRESSES: Comments should be addressed to Tamara Langton,
Environmental Protection Specialist, Office of Air Quality (OAQ-107),
EPA, Seattle, Washington 98101.
Copies of the State's request and other information supporting this
action are available for inspection during normal business hours at the
following locations: EPA, Office of Air Quality (OAQ-107), 1200 Sixth
Avenue, Seattle, Washington 98101; the Alaska Department of
Environmental Conservation, 410 Willoughby, Suite 105, Juneau, Alaska,
99801-1795.
FOR FURTHER INFORMATION CONTACT: Tamara Langton, Environmental
Protection Specialist, Office of Air Quality (OAQ-107), EPA, Seattle,
Washington 98101, (206) 553-2709.
SUPPLEMENTARY INFORMATION:
I. Background
A. CAAA Requirements and EPA Actions Concerning Designation and
Classification
The 1990 CAAA created a new classification structure for CO
nonattainment areas which was based upon the severity of the
nonattainment problem. For moderate CO nonattainment areas with a
design value between 9.1-16.4 parts per million (ppm), the attainment
date was to be as expeditious as practicable but no later than December
31, 1995.
The air quality planning requirements for moderate CO nonattainment
areas are set out in sections 186-187 of the CAAA which pertain to the
classification of CO nonattainment areas and submission of SIP
requirements for these areas, respectively. The EPA issued a ``General
Preamble'' which stated EPA's preliminary views concerning how EPA
intended to review SIP's and SIP revisions submitted as required under
Title I of the Act, [See generally 57 FR 13489 (April 16, 1992) and 57
FR 18070 (April 28, 1992)]. States containing CO moderate nonattainment
areas with design values of 9.1-16.4 ppm were required to submit SIP's
for these areas on or before November 15, 1992 which would provide for
attainment by December 31, 1995.
B. Attainment Determinations
The EPA has the responsibility for determining whether a
nonattainment area has attained the CO NAAQS by the applicable
attainment date.\1\ The EPA has the responsibility of making attainment
determinations for moderate CO nonattainment areas by no later than six
(6) months after the December 31, 1995 attainment date for these areas.
---------------------------------------------------------------------------
\1\ See sections 179(c) and 186(b)(2) of the Act.
---------------------------------------------------------------------------
The EPA will be making attainment determinations for CO
nonattainment areas based upon whether an area has 8 consecutive
quarters (2 years) of clean air quality data. No special or additional
SIP submittal is required from the State for this determination.
Section 179(c)(1) of the Act provides that the attainment determination
is to be based upon an area's ``air quality as of the attainment
date.'' The EPA will make the determination of whether an area's air
quality is meeting the CO NAAQS by the applicable attainment date based
upon the most recent 2 years of data gathered from air quality
monitoring sites which have been entered into the Aerometric
Information Retrieval System (AIRS) data base.
A CO nonattainment area's air quality status is determined in
accordance with 40 CFR Part 50.8, and in accordance with EPA policy as
stated in a memorandum from William G. Laxton, Director Technical
Support Division, entitled ``Ozone and Carbon Monoxide Design Value
Calculations'', June 18, 1990. CO design values are discussed in terms
of the 8-hour CO NAAQS. The 1-hour CO design value should be computed
in the same manner as the 8-hour NAAQS.
The CO NAAQS requires that not more than 1, 8-hour average per year
can exceed 9.0 ppm (9 greater than or equal to 9.5 ppm to adjust for
rounding). CO attainment is evaluated by reviewing 8 quarters or a
total of 2 consecutive and complete years of data. If an area has a
design value greater than 9.0 ppm, this serves as an indication that a
monitoring site in the area, where the second-highest (non-overlapping)
8-hour average was measured, had CO concentrations measured at levels
greater than 9.0 ppm in at least 1 of the 2 years. This indicates that
there were at least 2 values above the standard (9.0 ppm) during 1 of
the 2 years (1994) being reviewed at a particular monitoring site, thus
the standard was not met.
C. Application for a 1-year Extension of the Attainment Date
If the State does not have the 2 consecutive clean years of data to
show attainment of the NAAQS, a State may apply for an extension of the
attainment date. Pursuant to section 186(a)(4) of the Act, a State may
apply for and EPA may grant a 1-year extension of the attainment date
if the State has: (1) complied with the requirements and commitments
pertaining to the
[[Page 33677]]
applicable implementation plan for the area, and (2) the area has
measured no more than 1 exceedance of CO NAAQS at any monitoring site
in the nonattainment area in the year preceding the extension year. If
the State does not have the requisite number of years of clean air
quality data to show attainment and does not apply or does not qualify
for an attainment date extension, the area will be reclassified as
serious by operation of law.
The authority delegated to the Administrator to extend attainment
dates for moderate areas is discretionary. Section 186(a)(4) of the Act
provides that the Administrator ``may'' extend the attainment date for
areas that meet the minimum requirements specified above. The provision
does not dictate or compel that EPA grant extensions to such areas. In
exercising this discretionary authority for CO nonattainment areas, EPA
will examine the air quality planning progress made in the moderate
area. EPA will be disinclined to grant an attainment date extension
unless a State has, in substantial part, addressed its moderate CO
planning obligations for the area. In order to determine whether the
State has substantially met these planning requirements the EPA will
review the States application for the attainment date extension to
determine whether the State has: (1) adopted and substantially
implemented control measures to satisfy the requirement for the
moderate CO nonattainment area; and (2) that reasonable further
progress is being met for the area.
If the State cannot make a sufficient demonstration that the area
has complied with the extension criteria stated above, and EPA
determines that the area has not timely demonstrated attainment of the
CO NAAQS, the area will be reclassified as serious by operation of law
pursuant to section 186(b)(2) of the Act. If an extension is granted,
at the end of the extension year, EPA will again review the area's air
quality data to determine whether the area has attained the CO NAAQS.
II. Summary of Today's Action
EPA is, by today's action, granting the State of Alaska's request
for a 1-year extension of the CO attainment date for the MOA area. The
MOA area failed to meet the December 31, 1995 CO attainment date. This
actions extends the attainment date from December 31, 1995, to December
31, 1996.
A. Granting the CO Nonattainment Area Extension
If a State containing a moderate CO nonattainment area does not
have the 8 quarters (2 consecutive years) of clean air quality data to
demonstrate that the area has attained the CO NAAQS, the State may
apply for a 1-year extension of the attainment date. The EPA may extend
the attainment date for 1 year only if the State submits an application
for the affected nonattainment area satisfying all of the following
requirements:
1. Air Quality Data
Pursuant to section 186(a)(4)(B) of the CAAA, an area must have no
more than 1 exceedance of the 8-hour CO NAAQS in the year proceeding
the extension year at any 1 monitoring site in the nonattainment area.
The MOA nonattainment area has four (4) CO Special Purpose
Monitoring (SPM) sites: Benson/Spenard, Sand Lake, Garden and Seward/
Benson. Sampling at these sites is conducted every day. Data from these
sites has been deemed valid by EPA and submitted by the State of Alaska
for inclusion in the EPA's air quality data system, AIRS.
A review of the data for calendar years 1994 through 1995 for the
MOA CO nonattainment area shows 2 exceedances in 1994. These
exceedances occurred on November 30 and December 7, 1994; both at the
Seward/Benson SPM site. The 8-hour CO NAAQS average was 11.3 and 11.0
ppm, respectively. There were no exceedances in 1995; therefore, this
requirement has been met.
2. Compliance With Applicable SIP
Pursuant to section 186(a)(4)(A) of the CAAA, a State must
demonstrate that it has complied with all requirements and commitments
pertaining to the ``affected nonattainment area'' in the applicable
implementation plan. The State of Alaska is in compliance with this
requirement.
EPA has approved portions of the Alaska CO SIP (see 60 FR 17232 and
60 FR 33727). The State of Alaska is currently amending the SIP
regarding the biennial Inspection and Maintenance (I/M) program
mandated by the Alaska State legislature. Primary changes are
modifications required to implement biennial I/M testing and modeling
results which can demonstrate that the MOA can meet CAAA requirements.
3. Substantial Implementation of Control Measures
The State of Alaska has developed and implemented substantial
control measures for CO in the MOA nonattainment area. These control
measures consist of the federal emission controls required for new
vehicles, the ethanol-blended fuels program, the I/M program, and the
rideshare program.
4. Emission Reduction Progress
The historical trend in the MOA's air quality has been toward lower
CO levels. CO concentrations have decreased from a second-high 8-hour
average of 26.2 ppm and 40 violations in 1980, to a second-high 8-hour
average of 8.4 ppm and zero violations in 1995. The continued
improvement in CO concentrations in the MOA has been achieved mainly by
emission reductions resulting from turnover of the vehicle fleet,
required vehicle repairs and maintenance under the I/M program, and the
mandatory wintertime use of ethanol blends. These control measures and
emission reductions are permanent and enforceable.
The continued implementation of the I/M and ethanol fuels program,
combined with the Federal Motor Vehicle Control Program and the recent
rideshare program is expected to result in further decreases in CO
emissions and ambient concentrations in the MOA. Based on the above,
EPA believes that reasonable further progress (RFP) toward attainment
of the CO NAAQS has been demonstrated.
In summary, for the reasons discussed above, EPA is granting the
State's request for a 1-year extension of the attainment date for the
MOA CO nonattainment area from December 31, 1995, to December 31, 1996.
III. Administrative Review
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. 603 and 604.
Alternatively, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
Attainment date extensions under section 186, as with SIP approvals
under section 110 and subchapter I, Part D of the CAA, do not create
any new requirements. Therefore, because the granting of the MOA 1-year
CO attainment date extension does not
[[Page 33678]]
impose any new requirements, I certify that it does not have a
significant impact on any small entities. Moreover, due to the nature
of the federal-state relationship under the CAA, preparation of a
regulatory flexibility analysis would constitute federal inquiry into
the economic reasonableness of state action. The CAA forbids EPA to
base its actions concerning SIPs on such grounds. Union Electric Co. v.
E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976); 42 U.S.C. 7410(a)(2).
Under Section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
costs to State, local, or tribal governments in the aggregate; or to
the private sector, of $100 million or more. Under Section 205, EPA
must select the most cost-effective and least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 requires EPA to establish a plan
for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
EPA has determined that an attainment date extension does not
include a Federal mandate that may result in estimated costs of $100
million or more to either State, local, or tribal governments in the
aggregate, or to the private sector. A finding that an area should be
granted a 1-year extension of the attainment date consists of factual
determinations based on air quality considerations and the area's
compliance with certain prior requirements, and imposes no new Federal
requirements. Accordingly, no additional costs to State, local, or
tribal governments, or to the private sector, result from this action.
The EPA has reviewed this request for a 1-year extension of the CO
attainment date for the MOA nonattainment area for conformance with the
1990 CAAA enacted on November 15, 1990. The EPA has determined that
this action conforms with those requirements.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any SIP. Each request for revision to the SIP shall be
considered separately in light of specific technical, economic and
environmental factors and in relation to relevant statutory and
regulatory requirements.
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for
Air and Radiation. The Office of Management and Budget (OMB) has
exempted this regulatory action from E.O. 12866 review.
The EPA is publishing this action without prior proposal because
the Agency views this as a noncontroversial amendment and anticipates
no adverse comments. However, in a separate document in this Federal
Register publication, the EPA is proposing to approve the SIP revision
should adverse or critical comments be filed. This action will be
effective August 27, 1996 unless, by July 29, 1996, adverse or critical
comments are received.
If the EPA receives such comments, this action will be withdrawn
before the effective date by publishing a subsequent notice that will
withdraw the final action. All public comments received will be
addressed in a subsequent final rule based on this action serving as a
proposed rule. The EPA will not institute a second comment period on
this action. Any parties interested in commenting on this action should
do so at this time. If no such comments are received, the public is
advised that this action will be effective August 27, 1996.
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by August 27, 1996. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2), 42 U.S.C.
7607(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Intergovernmental relations, Reporting and recordkeeping requirements.
Dated: June 3, 1996.
Jane S. Moore,
Regional Administrator.
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
1. The authority citation for Part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart C--Alaska
2. Section 52.82 is revised to read as follows:
Sec. 52.82 Extensions.
The Administrator, by authority delegated under section 186(a)(4)
of the Clean Air Act, as amended in 1990, hereby extends for one year
(until December 31, 1996) the attainment date for the MOA, Alaska CO
nonattainment area.
[FR Doc. 96-16156 Filed 6-27-96; 8:45 am]
BILLING CODE 6560-50-P
Complete official Federal Register PDF
FR Doc. 96-16154 Approval and Promulgation of Implementation Plans Kentucky: Approval of Revisions to the Kentucky State Implementation Plan
[Federal Register Volume 61, Number 126 (Friday, June 28, 1996)]
[Rules and Regulations]
[Pages 33674-33676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16154]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[KY86-2-6933a; FRL-5456-4]
Approval and Promulgation of Implementation Plans Kentucky:
Approval of Revisions to the Kentucky State Implementation Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving revisions to the Kentucky State
Implementation Plan (SIP) submitted on December 29, 1994, by the
Commonwealth of Kentucky through the Natural Resources and
Environmental Protection Cabinet (Cabinet). The revisions pertain to
Kentucky regulations 401 KAR 59:101 New Bulk Gasoline Plants and 401
KAR 61:056 Existing Bulk Gasoline Plants. The revisions were the
subject of a public hearing held on July 26, 1994, and became state
effective September 28, 1994. The intended effect of these revisions is
to clarify certain provisions and ensure consistency with requirements
of the Clean Air Act.
DATES: This final rule is effective August 27, 1996 unless notice is
received by July 29, 1996 that someone wishes to submit adverse or
critical comments. If the effective date is delayed, timely notice will
be published in the Federal Register.
ADDRESSES: Written comments should be addressed to: Scott M. Martin,
Regulatory Planning and Development Section, Air Programs Branch, Air,
Pesticides & Toxics Management Division, Region 4 Environmental
Protection Agency, 345 Courtland Street, NE., Atlanta, Georgia 30365.
Copies of the documents relative to this action are available for
public inspection during normal business hours at the following
locations. The interested persons wanting to examine these documents
should make an appointment with the appropriate office at least 24
hours before the visiting day.
Air and Radiation Docket and Information Center (Air Docket 6102), U.S.
Environmental Protection Agency, 401 M Street, SW., Washington DC
20460.
Environmental Protection Agency, Region 4 Air Programs Branch, 345
Courtland Street, Atlanta, Georgia 30365.
Natural Resources and Environmental Protection Cabinet, Department for
Environmental Protection, Division for Air Quality, 803 Schenkel Lane,
Frankfort, Kentucky 40601-1403.
FOR FURTHER INFORMATION CONTACT: Mr. Scott M. Martin, Regulatory
Planning and Development Section, Air Programs Branch, Air Pesticides
and Toxics Management Division, Region 4 Environmental Protection
Agency, 345 Courtland Street, NE., Atlanta, Georgia 30365. The
telephone number is (404) 347-3555 ext. 4216.
SUPPLEMENTARY INFORMATION: On December 29, 1994, the Commonwealth of
Kentucky through the Cabinet, submitted revisions to the Kentucky SIP.
The revisions pertain to Kentucky regulations 401 KAR 59:101 New Bulk
Gasoline Plants and 401 KAR 61:056 Existing Bulk Gasoline Plants. The
revisions were the subject of a public hearing held on July 26, 1994,
and became state effective September 28,
[[Page 33675]]
1994. The intended effect of these revisions is to clarify certain
provisions and ensure consistency with requirements of the Clean Air
Act. The following revisions apply to both 401 KAR 59:101 New Bulk
Gasoline Plants and 401 KAR 61:056 Existing Bulk Gasoline Plants.
1. Section 1. Applicability. This section was revised and contains
language that details which facilities must comply with this
regulation. These revisions do not relax the applicability
requirements. Additionally, this section was renumbered to be section
2.
2. Section 2. Definitions. This section was renumbered as Section
1.
3. Section 3. VOCs. Paragraph 4, which reads as follows, ``The
vapor balance system must be equipped with interlocking devices which
prevent transfer of gasoline until the vapor return hose is connected''
was deleted. This regulation was deleted because new technology has
been developed which deems it obsolete.
4. Section 6. Compliance Timetable. This section, which outlines
the timeframe for compliance with this regulation, is being added.
5. Section 7. Exemptions. is being added. It reads as follows: ``An
affected facility shall be exempt from this administrative regulation
if the throughput is less than 4,000 gal/day. A rolling thirty (30) day
average shall be allowed for determining applicability.'' This
exemption is consistent with EPA policy.
Final Action
EPA is approving the above referenced revisions to the Kentucky SIP
because they meet the requirements of the EPA and the Clean Air Act
(CAA). This action is being taken without prior proposal because the
EPA views this as a noncontroversial amendment and anticipates no
adverse comments. However, in a separate document in this Federal
Register publication, the EPA is proposing to approve the SIP revision
should adverse or critical comments be filed. This action will be
effective on August 27 1996 unless, by July 29, 1996 adverse or
critical comments are received.
If the EPA receives such comments, this action will be withdrawn
before the effective date by publishing a subsequent document that will
withdraw the final action. All public comments received will then be
addressed in a subsequent final rule based on this action serving as a
proposed rule. The EPA will not institute a second comment period on
this action. Any parties interested in commenting on this action should
do so at this time. If no such comments are received, the public is
advised that this action will be effective August 27, 1996.
Under Section 307(b) (1) of the CAA, 42 U.S.C. 7607(b) (1),
petitions for judicial review of this action must be filed in the
United States Court of Appeals for the appropriate circuit by August
27, 1996. Filing a petition for reconsideration by the Administrator of
this final rule does not affect the finality of this rule for purposes
of judicial review nor does it extend the time within which a petition
for judicial review may be filed, and shall not postpone the
effectiveness of such rule or action. This action may not be challenged
later in proceedings to enforce its requirements. (See Section 307(b)
(2) of the CAA, 42 U.S.C. 7607(b) (2)).
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for
Air and Radiation. The Office of Management and Budget (OMB) has
exempted this regulatory action from E.O. 12866 review.
Nothing in this action shall be construed as permitting or allowing
or establishing a precedent for any future request for a revision to
any state implementation plan. Each request for revision to the state
implementation plan shall be considered separately in light of specific
technical, economic, and environmental factors and in relation to
relevant statutory and regulatory requirements.
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq, EPA must
prepare a regulatory flexibility analysis assessing the impact of any
proposed or final rule on small entities. 5 U.S.C. Section 603 and
Section 604. Alternatively, EPA may certify that the rule will not have
a significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
SIP approvals under Section 110 and subchapter I, part D of the CAA
do not create any new requirements, but simply approve requirements
that the State is already imposing. Therefore, because the federal SIP-
approval does not impose any new requirements, I certify that it does
not have a significant impact on any small entities affected. Moreover,
due to the nature of the federal-state relationship under the CAA,
preparation of a regulatory flexibility analysis would constitute
federal inquiry into the economic reasonableness of state action.
The CAA forbids EPA to base its actions concerning SIPs on such
grounds. Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (S.Ct.
1976); 42 U.S.C. Section 7410(a)(2) and 7410(k)(3).
Unfunded Mandates
Under sections 202, 203 and 205 of the Unfunded Mandates Reform Act
of 1995 (``Unfunded Mandates Act''), signed into law on March 22, 1995,
EPA must undertake various actions in association with proposed or
final rules that include a Federal mandate that may result in estimated
costs of $100 million or more to the private sector, or to State,
local, or tribal governments in the aggregate.
Through submission of this state implementation plan or plan
revision, the State and any affected local or tribal governments have
elected to adopt the program provided for under section 110 of the CAA.
These rules may bind State, local and tribal governments to perform
certain duties. EPA has examined whether the rules being approved by
this action will impose any mandate upon the State, local or tribal
governments either as the owner or operator of a source or as a
regulator, or would impose any mandate upon the private sector. EPA's
action will impose no new requirements; such sources are already
subject to these regulations under State law. Accordingly, no
additional costs to State, local, or tribal governments, or to the
private sector, result from this action. Therefore, this final action
does not include a mandate that may result in estimated costs of $100
million or more to State, local, or tribal governments in the aggregate
or to the private sector.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
Reference, Intergovernmental relations, Particulate Matter, Reporting
and Recordkeeping requirements, Sulfur Oxides.
Dated: March 12, 1996.
Phyllis Harris,
Acting Regional Administrator.
Part 52 of chapter I, title 40, Code of Federal Regulations, is
amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42.U.S.C. 7401-7671q.
[[Page 33676]]
Subpart S--Kentucky
2. Section 52.920 is amended by adding paragraph (c) (84) to read
as follows:
Sec. 52.920 Identification of plan.
* * * * *
(c) * * *
(84) Revisions to the Kentucky State Implementation Plan submitted
by the Natural Resources and Environmental Protection Cabinet on
December 29, 1994. The regulations being revised are 401 KAR 59:101 New
Bulk Gasoline Plants and 401 KAR 61:056 Existing Bulk Gasoline Plants.
(i) Incorporation by reference. Division for Air Quality
regulations 401 KAR 59:101 New bulk gasoline plants, and 401 KAR 61:056
Existing bulk gasoline plants, effective September 28, 1994.
(ii) Additional material. None.
[FR Doc. 96-16154 Filed 6-27-96; 8:45 am]
BILLING CODE 6560-50-P
Complete official Federal Register PDF
FR Doc. 96-16056 Elementary-Secondary Staff Information Report EEO-5
[Federal Register Volume 61, Number 126 (Friday, June 28, 1996)]
[Rules and Regulations]
[Pages 33659-33660]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16056]
=======================================================================
-----------------------------------------------------------------------
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
29 CFR Part 1602
Elementary-Secondary Staff Information Report EEO-5
AGENCY: Equal Employment Opportunity Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule is based on a Notice of Proposed Rulemaking
(``NPRM'') published on December 8, 1995. It amends the school filing
requirement in subpart M of 29 CFR Part 1602, by discontinuing the EEO-
5 report (EEOC Form 168B) for individual schools and annexes. The
Commission takes this action in order to reduce the reporting burden on
respondents and to streamline the collection of information required
for enforcement purposes while maintaining sufficient data to meet the
Commission's program needs. The recordkeeping requirements in Subpart L
of 29 CFR Part 1602 are unchanged.
EFFECTIVE DATE: July 29, 1996.
FOR FURTHER INFORMATION CONTACT:
Joachim Neckere, Director, Program Research and Surveys Division, at
(202) 663-4958 (voice) or (202) 663-7063 (TDD) (these are not toll free
numbers).
SUPPLEMENTARY INFORMATION: Section 709(c) of Title VII of the Civil
Rights Act of 1964, as amended, 42 U.S.C. 2000e-8(c), requires
employers to make and keep records relevant to a determination of
whether unlawful employment practices have been or are being committed
and to make reports therefrom as required by the Commission.
Accordingly, the Commission has issued regulations setting forth the
reporting requirements for various kinds of employers. Elementary and
secondary public school systems and districts have been required to
submit EEO-5 reports to the Commission since 1974 (biennially in even
numbered years since 1982). Two types of EEO-5 reports have been used:
EEOC Form 168A, covering the entire public school system or district;
and EEOC Form 168B, covering each individual school and annex within
the system or district. On October 5, 1995, the Commission voted to
discontinue the EEO-5 report (EEOC Form 168B) for individual schools
and annexes. Starting with the 1996 survey year, public school systems
and districts will be required to file only EEO-5 reports (EEOC Form
168A) covering the entire school system or district.
The Office of Management and Budget (OMB) approval of the current
EEO-5 collection of information, OMB Control Number 3046-0003, expired
on January 31, 1996. In order to comply with the new information
collection clearance procedures that OMB has instituted pursuant to the
Paperwork Reduction Act of 1995, 44 U.S.C. 3502(1), and set forth at 29
CFR Parts 1320.8, .9, and .11, the Commission solicited public comment
in the Federal Register on December 8, 1995, concerning the proposed
change in the EEO-5 collection and the Commission's request for an
extension of OMB's approval of the collection. The Commission received
three public comments in response to the NPRM. Each comment recommended
that the Commission not implement the proposed rule and continue to
collect information for individual schools and annexes. We point out
that even though the data for individual schools and annexes will not
be submitted on survey forms, schools still will be required to keep
the same records that they formerly kept at the local level to complete
the EEO-5 as a part of the recordkeeping requirements contained in
Subpart L of 29 CFR Part 1602. Thus, the information will be available
upon request. The Commission has determined that this change not only
will substantially reduce reporting burden without reducing overall
employment coverage or the number of responding school systems and
districts, but that it will be more cost effective for the Commission
to request the individual school data when necessary for enforcement
purposes than to continue with the current collection.
Regulatory Flexibility Act
This amendment will result in substantially reduced expenses and
reporting burdens for public school systems and districts. The
Commission also has determined that the elimination of reporting
requirements for individual schools and annexes will not adversely
affect the utility of the information being collected. Thus, the
Commission certifies pursuant to 5 U.S.C. Sec. 605(b), enacted by the
Regulatory Flexibility Act, Public Law No. 96-354, that the amendment
will not result in significant impact on small employers or other
entities because it involves elimination of reporting requirements, and
that a regulatory flexibility analysis therefore is not required. The
Commission hereby publishes this final rule for public information. The
rule appears below.
List of Subjects in 29 CFR Part 1602
Reporting and recordkeeping requirements.
[[Page 33660]]
Dated: June 17, 1996.
For the Commission,
Gilbert F. Casellas,
Chairman.
Accordingly, 29 CFR Part 1602 is amended as follows:
PART 1602--[AMENDED]
1. The authority citation for part 1602 continues to read as
follows:
Authority: 42 U.S.C. 2000e-8, 2000e-12, 44 U.S.C. 3501 et seq.;
42 U.S.C. 12117.
Sec. 1602.41 Requirement for filing and preserving copy of report.
2. Section 1602.41 is amended as follows:
(a) In the introductory text, in the first sentence, delete the
phrase ``and individual schools within such systems or district''.
(b) In the concluding text, in the first sentence, delete the
phrase, '', or the individual school which is the subject of the report
where more convenient,''.
3. Section 1602.43 is revised to read as follows:
Sec. 1602.43 Commission's remedy for school systems' or districts'
failure to file report.
Any school system or district failing or refusing to file report
EEO-5 when required to do so may be compelled to file by order of a
U.S. district court, upon application of the Commission or the Attorney
General.
4. Section 1602.44 is revised to read as follows:
Sec. 1602.44 School systems' or districts' exemption from reporting
requirements.
If it is claimed that the preparation or filing of the report would
create undue hardship, the school system or district may apply to the
Commission for an exemption from the requirements set forth in this
part by submitting to the Commission or its delegate a specific
proposal for an alternative reporting system prior to the date on which
the report is due.
[FR Doc. 96-16056 Filed 6-27-96; 8:45 am]
BILLING CODE 6750-01-M
Complete official Federal Register PDF
FR Doc. 96-15956 Airworthiness Directives; Jetstream Model 4101 Airplanes
[Federal Register Volume 61, Number 126 (Friday, June 28, 1996)]
[Rules and Regulations]
[Pages 33646-33647]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15956]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 95-NM-159-AD; Amendment 39-9678; AD 96-13-10]
RIN 2120-AA64
Airworthiness Directives; Jetstream Model 4101 Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This amendment adopts a new airworthiness directive (AD),
applicable to certain Jetstream Model 4101 airplanes, that requires
modification of the existing diaphragms on the surround structure of
the Type II emergency exit. This amendment is prompted by a report
indicating that, during fatigue tests on a Model 4101 test article,
fatigue-related cracking was found in the surround structure of a Type
II emergency exit. The actions specified by this AD are intended to
prevent such cracking in the surround structure, which could result in
reduced structural integrity of the fuselage pressure vessel.
DATES: Effective August 2, 1996.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of August 2, 1996.
ADDRESSES: The service information referenced in this AD may be
obtained from A.I.R. American Support, Inc., 13850 McLaren Road,
Herndon, Virginia 22071. 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)
227-2141; 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 Jetstream Model 4101
airplanes was published in the Federal Register on January 19, 1996 (61
FR 1300). That action proposed to require modification of the existing
diaphragms on the surround structure of the Type II emergency exit.
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
One commenter supports the proposal.
Request to Revise Applicability of Proposal
One commenter requests that the applicability of the proposed rule
be revised to eliminate airplanes on which the modification of the
surround structure was accomplished during production.
The FAA concurs. Since issuance of the notice, Jetstream has issued
Revision 1 of Service Bulletin J41-53-014, dated February 9, 1996. In
its technical content, this revision is essentially identical to the
original issue (which was referenced in the notice as the appropriate
source for service information). However, the effectivity listing of
Revision 1 specifies only those airplanes on which the modification was
not accomplished during production. Those airplanes have serial numbers
41004 through 41044, inclusive; the modification was installed during
production on airplanes beginning with serial number 41045.
Accordingly, the FAA has revised the final rule to make it
applicable only to airplanes having serial numbers 41004 through 41044,
inclusive. Additionally, the FAA has revised the final rule to
reference Revision 1 of the Jetstream service bulletin as an additional
source of service information.
[[Page 33647]]
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
There are approximately 41 Jetstream Model 4101 airplanes of the
affected design in the worldwide fleet. The FAA estimates that 19
airplanes of U.S. registry will be affected by this AD, that it will
take approximately 35 work hours per airplane to accomplish the
required actions, and that the average labor rate is $60 per work hour.
Required parts will 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 $39,900, or $2,100 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. However, the FAA has been advised
that at least 5 airplanes of U.S. registry already have been modified;
therefore, the future cost impact of this AD is reduced by at least
$10,500.
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:
96-13-10 Jetstream Aircraft Limited: Amendment 39-9678. Docket 95-
NM-159-AD.
Applicability: Model 4101 airplanes; having serial numbers 41004
through 41044, 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 use the authority
provided in paragraph (b) of this AD 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 airplane from the applicability of this AD.
Compliance: Required as indicated, unless accomplished
previously.
-To prevent fatigue-related cracking in the surround structure
of the Type II emergency exit, which could result in reduced
structural integrity of the fuselage pressure vessel, accomplish the
following:
-(a) Prior to the accumulation of 7,200 total landings, or
within 1,400 landings after the effective date of this AD, whichever
occurs later, modify the existing diaphragms on the surround
structure of the Type II emergency exit in accordance with Jetstream
Service Bulletin J41-53-014, dated July 24, 1995; or Revision 1,
dated February 9, 1996.
-(b) An alternative method of compliance or adjustment of the
compliance time that provides an acceptable level of safety may be
used if approved by the Manager, Standardization Branch, ANM-113,
FAA, Transport Airplane Directorate. Operators shall submit their
requests through an appropriate FAA Principal Maintenance Inspector,
who may add comments and then send it to the Manager,
Standardization Branch, ANM-113.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Standardization Branch, ANM-113.
-(c) Special flight permits may be issued in accordance with
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the airplane to a location where
the requirements of this AD can be accomplished.
-(d) The modification shall be done in accordance with Jetstream
Service Bulletin J41-53-014, dated July 24, 1995; or Jetstream
Service Bulletin J41-53-014, Revision 1, dated February 9, 1996,
which contains the following list of effective pages:
------------------------------------------------------------------------
Revision level
Page No. shown on page- Date shown on page
------------------------------------------------------------------------
1, 3-.......................... 1-............. Feb. 9, 1996.
2, 4-13-....................... Original-...... July 24, 1995.
------------------------------------------------------------------------
This incorporation by reference was approved by the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51. Copies may be obtained from A.I.R. American Support, Inc., 13850
McLaren Road, Herndon, Virginia 22071. 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 August 2, 1996.
Issued in Renton, Washington, on June 17, 1996.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 96-15956 Filed 6-27-96; 8:45 am]
BILLING CODE 4910-13-P
Complete official Federal Register PDF
FR Doc. 96-15954 Airworthiness Directives; Jetstream Model 4101 Airplanes
[Federal Register Volume 61, Number 126 (Friday, June 28, 1996)]
[Rules and Regulations]
[Pages 33647-33650]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15954]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 96-NM-129-AD; Amendment 39-9677; AD 96-13-09]
RIN 2120-AA64
Airworthiness Directives; Jetstream Model 4101 Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: This amendment adopts a new airworthiness directive (AD) that
is applicable to all Jetstream Model 4101
[[Page 33648]]
airplanes. This action requires a review of maintenance records to
determine the time-in-service (TIS) of the bearings in the starter/
generators of both engines. This action also establishes a new TIS
limit for the bearings, and requires replacement of the starter/
generator unit with a serviceable unit, if necessary. This amendment is
prompted by reports of controlled in-flight engine shutdowns resulting
from failure of the bearings in the starter/generator unit. The actions
specified in this AD are intended to prevent such failure of the
bearings of the starter/generator, which could cause severe vibrations
and resultant in-flight shutdown of one or both engines.
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.
Comments for inclusion in the Rules Docket must be received on or
before August 27, 1996.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-103,
Attention: Rules Docket No. 96-NM-129-AD, 1601 Lind Avenue, SW.,
Renton, Washington 98055-4056.
-The service information referenced in this AD may be obtained from
Jetstream Aircraft, Inc., P. O. Box 16029, Dulles International
Airport, Washington, DC 20041-6029. 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: 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: The Civil Aviation Authority (CAA), which is
the airworthiness authority for the United Kingdom, recently notified
the FAA that an unsafe condition may exist on all Jetstream Model 4101
airplanes. The CAA advises that it has received reports of controlled
in-flight engine shutdowns. Investigation has revealed that the
bearings of the direct current (DC) starter/generator failed, which
resulted in severe vibration. The bearing failures that resulted in
engine shutdown occurred at 409, 433, and 470 hours time-in-service
(TIS). These conditions, if not corrected, could result in an in-flight
engine shutdown.
Explanation of Relevant Service Information
-Jetstream has issued Alert Service Bulletin J41-A24-036, dated
February 26, 1996, which describes procedures for reviewing the
airplane maintenance records to determine the number of hours TIS that
the bearings of the DC starter/generator have accumulated. The alert
service bulletin also describes procedures to remove and replace the
starter/generator units with serviceable units when the bearings have
reached a certain (reduced) TIS limit. Such replacement of one of the
starter/generator units (per airplane) when the bearings have reached a
certain reduced TIS limit, reduces the possibility of the bearings
failing in both of the starter/generator units on any one airplane
during the same flight. The CAA classified this service bulletin as
mandatory and issued United Kingdom airworthiness directive 002-02-96,
dated March 1, 1996, in order to assure the continued airworthiness of
these airplanes in the United Kingdom.
FAA's Conclusions
-This airplane model is manufactured in the United Kingdom and is
type certificated for operation in the United States under the
provisions of section 21.29 of the Federal Aviation Regulations (14 CFR
21.29) and the applicable bilateral airworthiness agreement. Pursuant
to this bilateral airworthiness agreement, the CAA has kept the FAA
informed of the situation described above. The FAA has examined the
findings of the CAA, reviewed all available information, and determined
that AD action is necessary for products of this type design that are
certificated for operation in the United States.
Explanation of Requirements of Rule
-Since an unsafe condition has been identified that is likely to
exist or develop on other airplanes of the same type design registered
in the United States, this AD is being issued to prevent in-flight
engine shutdown of both engines on the same flight due to failure of
the bearings of the starter/generators of the engines and resultant
severe vibration. This AD requires a review of maintenance records to
determine the TIS of the bearings in the starter/generators of both
engines. This action also establishes a new TIS limit for the bearings
in one of the two starter/generator units on each airplane, and
requires replacement of the unit with a serviceable unit. The actions
are required to be accomplished in accordance with the service bulletin
described previously.
Differences Between Service Bulletin and AD
Operators should note that the requirements of this AD differ from
certain TIS recommendations in the referenced alert service bulletin.
Specifically, this AD establishes a new limit of 300 hours TIS for the
bearings of one of the starter/generators of each airplane, rather than
specifying replacement of the unit when 300 hours ``remain'' on the
unit before scheduled bearing replacement, as indicated in the alert
service bulletin. The FAA considers that replacement of a unit with 300
hours ``remaining'' on the unit could permit a unit to operate
significantly longer than 300 hours TIS if the TIS limit for the unit
had previously been extended. The FAA finds that specifying a 300-hour
TIS limit for the bearings of one of the starter/generator units per
airplane will ensure that, at no one time, will an airplane be
operating with both starter/generator units having more than 300 hours
TIS on the bearings. A review of starter/generator unit failure reports
and consideration of probability of failure requirements in the type
certification basis for Jetstream Model 4101 airplanes support the
establishment of a 300-hour TIS limit for the bearings of one of the
starter/generator units on each airplane. This limit will ensure an
acceptable level of safety, as related to continued availability of
power from both engines on Jetstream Model 4101 airplanes.
Additionally, the manufacturer has notified the FAA that the
availability of ample parts may be a problem should the AD require both
starter/generator units to be replaced if their bearings exceed the TIS
limit. The FAA has determined that limiting the bearings to 300 hours
TIS on at least one of the starter/generator units on the airplane
provides an adequate level of safety; therefore, this AD establishes a
300-hour TIS limit for the bearings of only one of the two starter/
generator units of the airplane.
Interim Action
This is considered to be interim action. The manufacturer has
advised that it currently is developing a modification that will
positively address the unsafe condition addressed by this AD. Once the
modification is developed, approved, and available, the FAA may
consider further rulemaking.
Determination of Rule's Effective Date
Since a situation exists that requires the immediate adoption of
this
[[Page 33649]]
regulation, it is found that notice and opportunity for prior public
comment hereon are impracticable, and that good cause exists for making
this amendment effective in less than 30 days.
Comments Invited
Although this action is in the form of a final rule that involves
requirements affecting 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-129-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:
96-13-09 Jetstream Aircraft Limited: Amendment 39-9677. Docket 96-
NM-129-AD.
Applicability: All Model 4101 airplanes, certificated in any
category.
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
modified, altered, or repaired in the area subject to the
requirements of this AD. For airplanes that have been modified,
altered, or repaired so that the performance of the requirements of
this AD is affected, the owner/operator must request approval for an
alternative method of compliance in accordance with paragraph (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 severe vibration of one or both engines, which could
cause in-flight engine shutdown, accomplish the following:
(a) Within 7 days after the effective date of this AD, review
the airplane maintenance records to determine the hours time-in-
service (TIS) accumulated on the bearings in the starter/generator
units of both engines, in accordance with Jetstream Alert Service
Bulletin J41-A24-036, dated February 26, 1996.
(1) If the bearings on both of the starter/generator units have
accumulated 300 or more hours TIS: Prior to further flight, replace
at least one of the starter/generator units with a unit having
bearings with less than 300 hours TIS, in accordance with the alert
service bulletin.
(2) If the bearings on one or both starter/generator units have
bearings with less than 300 hours TIS: Prior to the accumulation of
300 hours TIS on the bearings on both starter/generator units,
remove at least one of the units and replace it with a unit having
bearings with less than 300 hours TIS, in accordance with the alert
service bulletin.
(b) As a continuing requirement thereafter: Prior to the
accumulation of 300 hours TIS on the bearings on both of the
starter/generator units on the airplane, remove at least one of the
units and replace it with a unit having bearings with less than 300
hours TIS, in accordance with Jetstream Alert Service Bulletin J41-
A24-036, dated February 26, 1996.
(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,
FAA, Transport Airplane Directorate. Operators shall submit their
requests through an appropriate FAA Principal Maintenance Inspector,
who may add comments and then send it to the Manager,
Standardization Branch, ANM-113.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Standardization Branch, ANM-113.
(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 actions shall be done in accordance with Jetstream Alert
Service Bulletin J41-A24-036, dated February 26, 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 Jetstream Aircraft, Inc., P.O. Box
16029, Dulles International Airport, Washington, DC 20041-6029.
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.
[[Page 33650]]
Issued in Renton, Washington, on June 17, 1996.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 96-15954 Filed 6-27-96; 8:45 am]
BILLING CODE 4910-13-P
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