issue-1996-08-15•Federal Register final rules — 1996-08-15
Federal Register final rules — 1996-08-15
issue-1996-08-15Federal Register final rules — 1996-08-15Regulation
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. 96-20884 Licensing Department Inventions
[Federal Register Volume 61, Number 159 (Thursday, August 15, 1996)]
[Rules and Regulations]
[Page 42371]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20884]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
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Federal Register / Vol. 61, No. 159 / Thursday, August 15, 1996 /
Rules and Regulations
[[Page 42371]]
DEPARTMENT OF AGRICULTURE
7 CFR Part 19
Licensing Department Inventions
AGENCY: Agricultural Research Service, USDA.
ACTION: Final rule.
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SUMMARY: This action is being taken as part of the National Performance
Review program to eliminate unnecessary regulations and improve those
that remain. This final rule removes obsolete regulations pertaining to
licensing departmental inventions. USDA regulations have been
superseded by Department of Commerce regulations governing the
licensing of Government-owned inventions.
EFFECTIVE DATE: August 15, 1996.
FOR FURTHER INFORMATION CONTACT:
Richard M. Parry, Jr., Assistant Administrator, Agricultural Research
Service, USDA, Room 358-A, Jamie L. Whitten Federal Building, 1400
Independence Avenue, S.W., Washington, DC 20250, (202) 720-3973.
SUPPLEMENTARY INFORMATION: 7 CFR Part 19 was issued in 1970 pursuant to
the authority of the Secretary under 5 U.S.C. 301 and the President's
Memorandum of October 10, 1963, and Statement of Government Patent
Policy, 28 FR 10943. The enactment of a Governmentwide regulation in
1987, 37 CFR 404, under the authority of 35 U.S.C. 206, superseded 7
CFR Part 19. Therefore, pursuant to 5 U.S.C. 553, good cause is found
that notice of proposed rulemaking and opportunity for comment are not
required, and good cause is found for making this rule effective less
than 30 days after publication in the Federal Register. This rule has
been determined to be not significant for the purpose of Executive
Order 12866 and, therefore, has not been reviewed by the Office of
Management and Budget. Also, this rule will not cause a significant
economic impact or other substantial effect on small entities and,
therefore, the provisions of the Regulatory Flexibility Act, 5 U.S.C.
et seq., do not apply. Requests for information relating to licensing
departmental inventions may be obtained through the ARS Assistant
Administrator pursuant to 7 CFR Part 3700.
List of Subjects in 7 CFR Part 19
Inventions and patents.
PART 19--[REMOVED AND RESERVED]
Accordingly, 7 CFR Part 19 is removed and reserved.
Authority: 5 U.S.C. 301
Done at Washington, DC, this 12th day of August 1996.
Floyd P. Horn,
Administrator, Agricultural Research Service.
[FR Doc. 96-20884 Filed 8-14-96; 8:45 am]
BILLING CODE 3410-03-M
Complete official Federal Register PDF
FR Doc. 96-20883 Organization and Functions
[Federal Register Volume 61, Number 159 (Thursday, August 15, 1996)]
[Rules and Regulations]
[Page 42371]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20883]
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DEPARTMENT OF AGRICULTURE
7 CFR Part 4000
Organization and Functions
AGENCY: Economics Management Staff, USDA.
ACTION: Final rule.
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SUMMARY: This final rule removes obsolete regulations pertaining to the
organization and function of the Economics Management Staff (EMS) to
reflect an internal reorganization of the Department of Agriculture
(USDA).
EFFECTIVE DATE: August 15 1996.
FOR FURTHER INFORMATION CONTACT:
Jane L. Giles, Deputy Administrator, Agricultural Research Service,
USDA, Room 324-A, Jamie L. Whitten Federal Building 1400 Independence
Avenue, SW., Washington, DC 20250, (202) 690-2575.
SUPPLEMENTARY INFORMATION: The Freedom of Information Act, 5 U.S.C.
552(a)(1), requires Federal agencies to publish in the Federal Register
descriptions of its central and field organizations. 7 CFR Part 4000
set forth the organization and functions of the EMS. It was issued
pursuant to the authority formerly delegated to EMS in 7 CFR 2.87.
Pursuant to the internal reorganization of USDA, EMS has been
integrated into the Agricultural Research Service (ARS). This document
removes 7 CFR Part 4000. Requests for information relating to functions
formerly performed by EMS may be obtained through the ARS Deputy
Administrator pursuant to 7 CFR Part 3700. Pursuant to 5 U.S.C. 553,
since this rule relates to internal agency management, notice of
proposed rulemaking and opportunity for comment are not required, and
this rule may be made effective less than 30 days after publication in
the Federal Register. Further, because it relates to internal agency
management, it is exempt from the provisions of Executive Orders 12988
and 12866. In addition, this rule will not cause a significant economic
impact or other substantial effect on small entities. Therefore, the
requirements of the Regulatory Flexibility Act, 5 U.S.C. 602, do not
apply.
List of Subjects in 7 CFR Part 4000
Organization and functions, (Government agencies).
PART 4000--[REMOVED AND RESERVED]
Accordingly, 7 CFR Part 4000 is removed and reserved.
Authority: 5 U.S.C. 301 and 552.
Done at Washington, DC, this 12th day of August 1996.
Floyd P. Horn,
Administrator, Agricultural Research Service.
[FR Doc. 96-20883 Filed 8-14-96; 8:45 am]
BILLING CODE 3410-03-M
Complete official Federal Register PDF
FR Doc. 96-20858 Indirect Food Additives: Adhesives and Components of Coatings
[Federal Register Volume 61, Number 159 (Thursday, August 15, 1996)]
[Rules and Regulations]
[Pages 42378-42379]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20858]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
21 CFR Part 175
[Docket No. 96F-0053]
Indirect Food Additives: Adhesives and Components of Coatings
AGENCY: Food and Drug Administration, HHS.
ACTION: Final rule.
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SUMMARY: The Food and Drug Administration (FDA) is amending the food
additive regulations to provide for the safe use of dimethyl 1,4-
cyclohexanedicarboxylate as a monomer in polyester resins employed in
adhesives as components of articles intended for use in contact with
food. This action is in response to a petition filed by Eastman
Chemical Co.
DATES: Effective August 15, 1996; written objections and requests for a
hearing by September 16, 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: Vir D. Anand, Center for Food Safety
and Applied Nutrition (HFS-216), Food and Drug Administration, 200 C
St. SW., Washington, DC 20204, 202-418-3081.
SUPPLEMENTARY INFORMATION: In a notice published in the Federal
Register of February 26, 1996 (61 FR 7111), FDA announced that a food
additive petition (FAP 5B4481) had been filed by Eastman Chemical Co.,
P.O. Box 1994, Kingsport, TN 37662. The petition proposed to amend the
food additive regulations in Sec. 175.105 Adhesives (21 CFR 175.105) to
provide for the safe use of dimethyl 1,4-cyclohexanedicarboxylate as a
monomer in polyester resins employed in adhesives as components of
articles intended for use in contact with food.
-FDA has evaluated the data in the petition and other relevant
material. The agency concludes that: (1) The proposed use of the food
additive is safe, (2) the food additive will have the intended
technical effect, and (3) the regulations in Sec. 175.105 should be
amended as set forth below.
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.
Any person who will be adversely affected by this regulation may at
any time on or before September 16, 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.
List of Subjects in 21 CFR Part 175
Adhesives, Food additives, Food packaging.
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 175 is amended as follows:
[[Page 42379]]
-PART 175--INDIRECT FOOD ADDITIVES: ADHESIVES AND COMPONENTS OF
COATINGS
1. The authority citation for 21 CFR part 175 continues to read as
follows:
Authority: Secs. 201, 402, 409, 721 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 321, 342, 348, 379e).
2. Section 175.105 is amended in the table in paragraph (c)(5) by
alphabetically adding a new entry under the heading ``Substances'' and
the subheading ``Acids'' appearing after the entry for ``Polyester
resins * * *'' to read as follows (for the convenience of the reader,
the introductory text for ``Polyester resins'' is republished):
Sec. 175.105 Adhesives.
* * * * *
(c) * * *
(5) * * *
----------------------------------------------------------------------------------------------------------------
Substances Limitations
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* * * * * *
*
Polyester resins (including alkyd type), as the basic
polymer, formed as esters when one or more of the
following acids are made to react with one or more of
the following alcohols:
Acids:
* * * * * *
*
Dimethyl 1,4-cyclohexanedicarboxylate
(CAS Reg. No. 94-60-0).
* * * * * *
*
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Dated: July 29, 1996.
Fred R. Shank,
Director, Center for Food Safety and Applied Nutrition.
[FR Doc. 96-20858 Filed 8-14-96; 8:45 am]
BILLING CODE 4160-01-F
Complete official Federal Register PDF
FR Doc. 96-20854 Animal Drugs, Feeds, and Related Products; Florfenicol Solution
[Federal Register Volume 61, Number 159 (Thursday, August 15, 1996)]
[Rules and Regulations]
[Page 42383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20854]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
21 CFR Parts 522 and 556
Animal Drugs, Feeds, and Related Products; Florfenicol Solution
AGENCY: Food and Drug Administration, HHS.
ACTION: Final rule.
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SUMMARY: The Food and Drug Administration (FDA) is amending the animal
drug regulations to reflect approval of a new animal drug application
(NADA) filed by Schering-Plough Animal Health. The NADA provides for
use of florfenicol injectable solution for cattle for the treatment of
bovine respiratory disease.
EFFECTIVE DATE: August 15, 1996.
FOR FURTHER INFORMATION CONTACT: George K. Haibel, Center for
Veterinary Medicine (HFV-133), Food and Drug Administration, 7500
Standish Pl., Rockville, MD 20855, 301-594-1644.
SUPPLEMENTARY INFORMATION: Schering-Plough Animal Health, Schering-
Plough Corp., P.O. Box 529, Kenilworth, NJ 07033, has filed NADA 141-
063 Nuflor Injectable Solution (300 milligrams florfenicol
per milliliter) for intramuscular treatment of cattle for bovine
respiratory disease (BRD) associated with Pasteurella haemolytica, P.
multocida, and Haemophilus somnus. The NADA is approved as of May 31,
1996, and the regulations are amended by adding new Sec. 522.955 to
reflect the approval. The regulations are also amended to provide for a
tolerance for florfenicol residues in cattle in new Sec. 556.283. The
basis of approval is discussed in the freedom of information summary.
In accordance with the freedom of information provisions of part 20
(21 CFR part 20) and Sec. 514.11(e)(2)(ii) (21 CFR 514.11(e)(2)(ii)), a
summary of safety and effectiveness data and information submitted to
support approval of this application may be seen in the Dockets
Management Branch (HFA-305), Food and Drug Administration, 12420
Parklawn Dr., rm. 1-23, Rockville, MD 20857, between 9 a.m. and 4 p.m.,
Monday through Friday.
Under section 512(c)(2)(F)(i) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360b(c)(2)(F)(i)), this approval for use in
food-producing animals qualifies for 5 years of marketing exclusivity
beginning May 31, 1996, because the application is for a new animal
drug, no active ingredient of which has been approved in any other
application.
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.
List of Subjects
21 CFR Part 522
Animal drugs.
21 CFR Part 556
Animal drugs, Foods.
Therefore, under the Federal Food, Drug, and Cosmetic Act and under
authority delegated to the Commissioner of Food and Drugs and
redelegated to the Center for Veterinary Medicine, 21 CFR parts 522 and
556 are amended as follows:
PART 522--IMPLANTATION OR INJECTABLE DOSAGE FORM NEW ANIMAL DRUGS
1. The authority citation for 21 CFR part 522 continues to read as
follows:
Authority: Sec. 512 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 360b).
2. New Sec. 522.955 is added to read as follows:
Sec. 522.955 Florfenicol solution.
(a) Specifications. Each milliliter of sterile solution contains
300 milligrams of florfenicol.
(b) Sponsor. See 000061 in Sec. 510.600(c) of this chapter.
(c) Related tolerance. See Sec. 556.283 of this chapter.
(d) Conditions of use--(1) Cattle--(i) Amount. 20 milligrams per
kilogram body weight (3 milliliters per 100 pounds). A second dose
should be given 48 hours later.
(ii) Indications for use. For treatment of bovine respiratory
disease (BRD) associated with Pasteurella haemolytica, P. multocida,
and Haemophilus somnus.
(iii) Limitations. For intramuscular use only. Do not inject more
than 10 milliliters at each site. Injection should be given only in the
neck musculature. Do not slaughter within 28 days of last treatment. Do
not use in female dairy cattle 20 months of age or older. Use may cause
milk residues. Not for use in veal calves, calves under 1 month of age,
or calves being fed an all milk diet. Use may cause violative tissue
residues to remain beyond the withdrawal time. Not for use in cattle of
breeding age. The effect of florfenicol on bovine reproductive
performance, pregnancy, and lactation have not been determined. Federal
law restricts this drug to use by or on the order of a licensed
veterinarian.
(2) [Reserved]
PART 556--TOLERANCES FOR RESIDUES OF NEW ANIMAL DRUGS IN FOOD
3. The authority citation for 21 CFR part 556 continues to read as
follows:
Authority: Secs. 402, 512, 701 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 342, 360b, 371).
4. New Sec. 556.283 is added to read as follows:
Sec. 556.283 Florfenicol.
The safe concentrations for total florfenicol-related residues in
cattle are 2.0 parts per million (ppm) in muscle, 6.0 ppm in liver, and
12.0 ppm in kidney and fat. A tolerance of 3.7 ppm for the marker
residue, florfenicol amine, has been established in cattle liver.
Dated: July 25, 1996.
Stephen F. Sundlof,
Director, Center for Veterinary Medicine.
[FR Doc. 96-20854 Filed 8-14-96; 8:45 am]
BILLING CODE 4160-01-F
Complete official Federal Register PDF
FR Doc. 96-20853 Irradiation in the Production, Processing, and Handling of Food
[Federal Register Volume 61, Number 159 (Thursday, August 15, 1996)]
[Rules and Regulations]
[Pages 42381-42383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20853]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
21 CFR Part 179
[Docket No. 94F-0125]
Irradiation in the Production, Processing, and Handling of Food
AGENCY: Food and Drug Administration, HHS.
ACTION: Final rule.
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SUMMARY: The Food and Drug Administration (FDA) is amending the food
additive regulations to provide for the safe use of a source of high
intensity pulsed light to control microorganisms on the surface of
food. This action is in response to a food additive petition filed by
Foodco Corp. (now known as PurePulse Technologies, Inc.).
DATES: Effective August 15, 1996; written objections and requests for a
hearing by September 16, 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: Patricia A. Hansen, -Center for Food
Safety and Applied Nutrition (HFS-206), Food and Drug Administration,
200 C St. SW., -Washington, DC 20204, 202-418-3093.
SUPPLEMENTARY INFORMATION:
I. Introduction
-In a notice published in the Federal Register of May 2, 1994 (59
FR 22673), FDA announced that a food additive petition (FAP 4M4417) had
been filed by Foodco Corp., 8888 Balboa Ave., San Diego, CA 92123,
proposing that the food additive regulations be amended to provide for
the safe use of a source of high intensity pulsed light to control
microorganisms on the surface of food. (Since the publication of the
notice of filing, Foodco Corp. has changed its
[[Page 42382]]
name to PurePulse Technologies Inc., (PurePulse).)
II. Evaluation of Safety
Under the proposed conditions of use, foods would be exposed to
broadband radiation (wavelengths covering the range 200 to 1,100
nanometers (nm)) that is emitted as high intensity pulses (flashes) by
xenon flashlamps. This wavelength range covers the entire ``visible''
region of the spectrum (that range of wavelengths that is capable of
being perceived by the human eye), as well as limited portions of the
ultraviolet (UV) and infrared (IR) regions. Use of the proposed sources
of radiation results in exposure of the surfaces of treated foods to
short pulses of high intensity light. The proposed pulsed light
treatment does not involve the use of a source of ionizing radiation.
-The proposed pulsed light treatment is intended to reduce the
numbers of microorganisms (bacteria, yeasts, and molds) on the surfaces
of treated foods. PurePulse did not propose restricting the types of
foods that would be treated with pulsed light. The agency has evaluated
the safety of the proposed pulsed light treatment assuming that all
types of foods could potentially be treated with pulsed light, while
recognizing that, in actual practice, not all types are likely to be so
treated.
-In assessing the safety of foods treated with radiation, including
pulsed light, the agency considers changes in chemical composition of
the food that may be induced by the proposed treatment, including any
potential changes in nutrient levels. The agency also considers
potential differences in the microbial populations found on treated
versus untreated foods.
PurePulse submitted data and information regarding the nature and
extent of photochemical change expected to occur in foods treated with
the proposed high intensity pulsed light treatment. PurePulse also
submitted data regarding the nature and extent of the changes in
microbial populations on the surfaces of a representative variety of
foods treated with pulsed light under the proposed conditions of use.
Having evaluated the data in the petition and other relevant
material in its files, the agency finds that treated foods will not
sustain significant reduction in nutrients and, thus, will retain their
nutritional qualities (Ref. 1). FDA also finds that the types and
amounts of photoproducts that might be produced and subsequently
consumed, are not of any toxicological significance (Refs. 2 and 3).
From a microbiological standpoint, the agency concludes that the
proposed treatment is effective in reducing the numbers of
microorganisms on the surface of treated foods and that treated foods
will be at least as safe, from a microbiological standpoint, as
untreated foods that are currently marketed (Refs. 4 and 5).
III. Conclusions
-FDA has evaluated the data in the petition and other relevant
material. Based on this information, the agency concludes that the
proposed use of a source of high intensity pulsed light is safe, that
the additive will achieve its intended technical effect, and that
therefore, the regulations in 21 CFR part 179 should be amended as set
forth below.
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.
IV. Environmental Impact
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.
V. Objections
Any person who will be adversely affected by this regulation may at
any time on or before September 16, 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 references have 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 S. Carberry, Chemistry Review Branch, to P.
Hansen, Biotechnology Policy Branch, dated February 1, 1995.
2. Memorandum from S. Carberry, Chemistry Review Branch, to P.
Hansen, Biotechnology Policy Branch, dated May 17, 1994.
3. Memorandum from A. Chang, Additives Evaluation Branch #1, to
P. Hansen, Division of Product Policy, dated June 28, 1994.
4. Memorandum from J. Madden, Strategic Manager for
Microbiology, to P. Hansen and G. Pauli, Division of Product Policy,
dated August 9, 1994.
5. Memorandum from J. Madden, Strategic Manager for
Microbiology, to P. Hansen, dated June 15, 1995.
List of Subjects in 21 CFR Part 179
Food additives, Food labeling, Food packaging, Radiation
protection, Reporting and recordkeeping requirements, Signs and
symbols.
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 179 is amended as follows:
PART 179--IRRADIATION IN THE PRODUCTION, PROCESSING AND HANDLING OF
FOOD
1. The authority citation for 21 CFR part 179 continues to read as
follows:
Authority: Secs. 201, 402, 403, 409, 703, 704 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 321, 342, 343, 348, 373,
374).
2. New Sec. 179.41 is added to subpart B to read as follows:
[[Page 42383]]
Sec. 179.41 Pulsed light for the treatment of food.
Pulsed light may be safely used for treatment of foods under the
following conditions:
(a) The radiation sources consist of xenon flashlamps designed to
emit broadband radiation consisting of wavelengths covering the range
of 200 to 1,100 nanometers (nm), and operated so that the pulse
duration is no longer than 2 milliseconds (msec);
(b) The treatment is used for surface microorganism control;
(c) Foods treated with pulsed light shall receive the minimum
treatment reasonably required to accomplish the intended technical
effect; and
(d) The total cumulative treatment shall not exceed 12.0 Joules/
square centimeter (J/cm2.)
Dated: July 30, 1996.
Fred R. Shank,
Director, Center for Food Safety and Applied Nutrition.
[FR Doc. 96-20853 Filed 8-14-96; 8:45 am]
BILLING CODE 4160-01-F
Complete official Federal Register PDF
FR Doc. 96-20852 Indirect Food Additives: Polymers
[Federal Register Volume 61, Number 159 (Thursday, August 15, 1996)]
[Rules and Regulations]
[Pages 42379-42381]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20852]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
21 CFR Part 177
[Docket No. 95F-0331]
Indirect Food Additives: Polymers
AGENCY: Food and Drug Administration, HHS.
ACTION: Final rule.
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SUMMARY: The Food and Drug Administration (FDA) is amending the food
additive regulations to provide for the safe use of polyaryletherketone
resins (i.e., poly(oxy-1,4-phenylenecarbonyl-1,4-phenyleneoxy-1,4-
phenylenecarbonyl-1,4-phenylenecarbonyl-1,4-phenylene) as a basic resin
for use in food-contact materials. This action is in response to a
petition filed by BASF Aktiengesellschaft.
DATES: Effective August 15, 1996; written objections and requests for
a hearing by September 16, 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: Vir D. Anand, Center for Food Safety
and Applied Nutrition (HFS-216), Food and Drug Administration, 200 C
St. SW., Washington, DC 20204, 202-418-3081.
SUPPLEMENTARY INFORMATION: In a notice published in the Federal
Register of October 19, 1995 (60 FR 54076), FDA announced that a food
additive petition (FAP 5B4483) had been filed by BASF
Aktiengesellschaft, c/o Keller and Heckman, 1001 G St. NW., suite 500
West, Washington, DC 20001. The petition proposed to amend the food
additive regulations to provide for the safe use of polyaryletherketone
resins (i.e., poly(oxy-1,4-phenylenecarbonyl-1,4-pheneyleneoxy-1,4-
phenylenecarbonyl-1,4-phenylenecarbonyl-1,4-phenylene) as a basic resin
for use in food-contact materials, establishing a new food additive
regulation, Sec. 177.1556 Polyaryletherketone resins (21 CFR 177.1556).
Subsequently, the petition was amended to request approval only for the
use of the polyaryletherketone resins in repeated use food-contact
applications. This amendment is reflected in this final rule.
In its evaluation of the safety of this additive, FDA has reviewed
the safety of the additive itself and the chemical impurities that may
be present in the additive resulting from its manufacturing process.
Although the additive itself has not been shown to cause cancer, it has
been found to contain minute amounts of residual methylene chloride,
which is a carcinogenic impurity resulting from the manufacture of the
additive. Residual amounts of reactants and manufacturing aids, such as
methylene chloride, are commonly found as contaminants in chemical
products, including food additives.
I. Determination of Safety
Under the so-called ``general safety clause'' of the Federal Food,
Drug, and Cosmetic Act (the act) (21 U.S.C. 348(c)(3)(A)), a food
additive cannot be approved for a particular use unless a fair
evaluation of the data available to FDA establishes that the additive
is safe for that use. FDA's food additive regulations (21 CFR 170.3(i))
define safe as ``a reasonable certainty in the minds of competent
scientists that the substance is not harmful under the intended
conditions of use.''
The food additives anticancer, or Delaney, clause of the act (21
U.S.C. 348(c)(3)(A)) provides that no food additive shall be deemed
safe if it is found to induce cancer when ingested by man or animal.
Importantly, however, the Delaney clause applies to the additive itself
and not to the impurities in the additive. That is, where an additive
itself has not been shown to cause cancer, but contains a carcinogenic
impurity, the additive is properly evaluated under the general safety
clause using risk assessment procedures to determine whether there is a
reasonable certainty that no harm will result from the proposed use of
the additive, Scott v. FDA, 728 F.2d 322 (6th Cir. 1984).
II. Safety of the Petitioned Use of the Additive
FDA finds that migration of polyaryletherketone resins is unlikely
because of the insolubility of the
[[Page 42380]]
polymer itself. However, the potential dietary concentration of the
oligomers migrating from the additive into food would be no greater
than 6 parts per billion (ppb), which equates to an estimated daily
intake (EDI) of 18 micrograms per person per day (g/person/
day) (Ref. 1). The agency concludes, further, that the total
nonvolatile extractives (TNE's) are exclusively oligomers, and
therefore, the dietary exposure to the TNE's is also 6 ppb with an EDI
of 18 g/person/day.
FDA does not ordinarily consider chronic toxicological studies to
be necessary to determine the safety of an additive whose use will
result in such low exposure levels (Ref. 2), and the agency has not
required such testing here. However, the agency has reviewed the
available toxicity data on the additive and concludes that the low
exposure to the oligomers and TNE's resulting from the proposed use of
the additive is safe.
FDA has evaluated the safety of the additive under the general
safety clause, considering all available data and using risk assessment
procedures to estimate the upper-bound limit of risk presented by
methylene chloride, a carcinogenic chemical that may be present as an
impurity in the additive. This risk evaluation of methylene chloride
has two aspects: (1) Assessment of the worst-case exposure to the
impurity from the proposed use of the additive; and (2) extrapolation
of the risk observed in the animal bioassay to the conditions of
probable exposure to humans.
A. Methylene chloride
FDA has estimated the hypothetical worst-case exposure to methylene
chloride from the petitioned use of the additive in repeat use food
processing articles to be 8 parts per trillion of the daily diet (3
kilograms), or 20 nanogram (ng)/person/day (Ref. 3). The agency used
data in a National Toxicity Program report (No. 306: 1986) on
inhalation studies in F344/N rats and B6C3F1 mice (Ref. 4) to
estimate the upper-bound limit of lifetime human risk from exposure to
this chemical resulting from the proposed use of the additive (Ref. 4).
The results of the bioassays demonstrated that the material was
carcinogenic in male and female B6C3F1 mice under the conditions
of the study. The test material caused an increased incidence of liver
cell neoplasms and lung neoplasms in male and female mice.
Based on the estimated worst-case exposure to methylene chloride of
20 ng/person/day, FDA estimates that the upper-bound limit of lifetime
human risk from the use of the subject additive is 1.5 x 10-10, or
1.5 in 10 trillion (Ref. 5). Because of the numerous conservative
assumptions used in calculating the exposure estimate, the actual
lifetime-averaged individual exposure to methylene chloride is likely
to be substantially less than the worst-case exposure, and therefore,
the upper-bound lifetime human risk would be less. Thus, the agency
concludes that there is a reasonable certainty that no harm from
exposure to methylene chloride would result from the proposed use of
the additive.
B. Need for Specifications
The agency has also considered whether a specification is necessary
to control the amount of methylene chloride present as an impurity in
the additive. The agency finds that a specification is not necessary
for the following reasons: (1) Because of the low level at which
methylene chloride may be expected to remain as an impurity following
production of the additive, the agency would not expect this impurity
to become a component of food at other than extremely low levels; and
(2) the upper-bound limit of lifetime risk from exposure to this
impurity, even under worst-case assumptions, is very low, 1.5 in 10
trillion.
III. Conclusion
FDA has evaluated the data in the petition and other relevant
material and concludes that the proposed use of the additive in
repeated use food-contact articles is safe. Based on this information,
the agency has also concluded that the additive will have the intended
technical effect. Therefore, the agency has concluded that a new
Sec. 177.1556 Polyaryletherketone resins should be established as set
forth below.
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.
IV. Environmental Impact
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.
V. Objections
Any person who will be adversely affected by this regulation may at
any time on or before September 16, 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 references have 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 (HFS-247) to the
Indirect Additives Branch (HFS-216), concerning FAP 5B4483.
Submissions of 2/13/96; BASF Aktiengesellschaft. Exposure to
oligomers and total nonvolatile extracts from the use of
polyaryletherketone resins in repeat use articles, April 11, 1996.
2. Kokoski, C. J., ``Regulatory Food Additive Toxicology,''
Chemical Safety Regulation and Compliance, edited by F. Homburger
and J. K. Marquis, S. Karger, New York, NY, pp. 24-33, 1985.
3. Memorandum from the Chemistry Review Branch (HFS-247) to the
Indirect Additives Branch (HFS-216), concerning
[[Page 42381]]
FAP 5B4483, BASF Aktiengesellschaft, concerning exposure to
methylene chloride from the use of polyaryletherketone resins,
February 14, 1996.
4. ``Toxicology and Carcinogenesis Studies of Dichloromethane
(methylene chloride) (CAS Reg. No. 75-09-2) in F344/N Rats and
B6C3F1 Mice'' (Inhalation Studies). National Toxicology Program
Technical Report Series, No. 306 (1986).
5. Memorandum from the Quantitative Risk Assessment Committee,
concerning estimation of upper-bound lifetime risk from methylene
chloride for uses requested in FAP 5B4483 (BASF Aktiengesellschaft),
February 20, 1996.-
List of Subjects in 21 CFR Part 177
Food additives, Food packaging.
Therefore, under the Federal Food, Drug, and Cosmetic Act and under
authority delegated to the Commissioner of Food and Drugs, 21 CFR part
177 is amended as follows:
PART 177--INDIRECT FOOD ADDITIVES: POLYMERS
1. The authority citation for 21 CFR part 177 continues to read as
follows:
Authority: Secs. 201, 402, 409, 721 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 321, 342, 348, 379e).
2. New Sec. 177.1556 is added to subpart B to read as follows:
Sec. 177.1556 Polyaryletherketone resins.
The poly(oxy-1,4-phenylenecarbonyl-1,4-phenyleneoxy-1,4-
phenylenecarbonyl-1,4-phenylenecarbonyl-1,4-phenylene) resins (CAS Reg.
No. 55088-54-5 and CAS Reg. No. 60015-05-6 and commonly referred to as
polyaryletherketone resins) identified in paragraph (a) of this section
may be safely used as articles or components of articles intended for
repeated use in contact with food, subject to the provisions of this
section.
(a) Identity. Polyaryletherketone resins consist of basic resins
produced by reacting 4,4'-diphenoxy benzophenone and terephthaloyl
dichloride in such a way that the finished resins have a minimum weight
average molecular weight of 20,000 grams per mole, as determined by
light scattering measurements in sulfuric acid at room temperature.
(b) Optional adjuvant substances. The basic polyaryletherketone
resins identified in paragraph (a) of this section may contain optional
adjuvant substances required in the production of such basic resins.
These adjuvants may include substances used in accordance with
Sec. 174.5 of this chapter and the following:
(1) Benzoyl chloride, poly(tetrafluoro ethylene).
(2) [Reserved]
(c) Extractive limitations. The finished food-contact article
yields net total extractives in each extracting solvent not to exceed
0.052 milligram per square inch (corresponding to 0.008 milligram per
square centimeter) of food-contact surface, when extracted at reflux
temperature for 2 hours with the following solvents: Distilled water,
50 percent (by volume) ethyl alcohol in distilled water, 3 percent
acetic acid (by weight) in distilled water, and n-heptane.
(d) In testing the finished food-contact article made of
polyaryletherketone resin, use a separate test sample for each required
extracting solvent.
Dated: August 2, 1996.
William K. Hubbard,
Associate Commissioner for Policy Coordination.
[FR Doc. 96-20852 Filed 8-14-96; 8:45 am]
BILLING CODE 4160-01-F
Complete official Federal Register PDF
FR Doc. 96-20845 Allocation of Assets in Single-Employer Plans; Interest Rate for Valuing Benefits
[Federal Register Volume 61, Number 159 (Thursday, August 15, 1996)]
[Rules and Regulations]
[Pages 42383-42385]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20845]
=======================================================================
-----------------------------------------------------------------------
[[Page 42384]]
PENSION BENEFIT GUARANTY CORPORATION
29 CFR Part 4044
Allocation of Assets in Single-Employer Plans; Interest Rate for
Valuing Benefits
AGENCY: Pension Benefit Guaranty Corporation.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Pension Benefit Guaranty Corporation's regulation on
Allocation of Assets in Single-Employer Plans prescribes interest
assumptions for valuing benefits under terminating single-employer
plans. This final rule amends the regulation to adopt interest
assumptions for plans with valuation dates in September 1996.
EFFECTIVE DATE: September 1, 1996.
FOR FURTHER INFORMATION CONTACT: Harold J. Ashner, Assistant General
Counsel, Office of the General Counsel, Pension Benefit Guaranty
Corporation, 1200 K Street, NW., Washington, DC 20005, 202-326-4024
(202-326-4179 for TTY and TDD).
SUPPLEMENTARY INFORMATION: The PBGC's regulation on Allocation of
Assets in Single-Employer Plans (29 CFR part 4044) prescribes actuarial
assumptions for valuing plan benefits of terminating single-employer
plans covered by title IV of the Employee Retirement Income Security
Act of 1974.
Among the actuarial assumptions prescribed in part 4044 are
interest rates and factors. These interest rates and factors are
intended to reflect current conditions in the financial and annuity
markets.
Two sets of interest rates and factors are prescribed, one set for
the valuation of benefits to be paid as annuities and one set for the
valuation of benefits to be paid as lump sums. This amendment adds to
appendix B to part 4044 the annuity and lump sum interest rates and
factors for valuing benefits in plans with valuation dates during
September 1996.
For annuity benefits, the interest rates will be 6.30 percent for
the first 20 years following the valuation date and 4.75 percent
thereafter. For benefits to be paid as lump sums, the interest
assumptions to be used by the PBGC will be 5.25 percent for the period
during which benefits are in pay status, 4.50 percent during the seven-
year period directly preceding the benefit's placement in pay status,
and 4.00 percent during any other years preceding the benefit's
placement in pay status. The annuity and lump sum interest assumptions
are unchanged from those in effect for August 1996.
The PBGC has determined that notice and public comment on this
amendment are impracticable and contrary to the public interest. This
finding is based on the need to determine and issue new interest rates
and factors promptly so that the rates and factors can reflect, as
accurately as possible, current market conditions.
Because of the need to provide immediate guidance for the valuation
of benefits in plans with valuation dates during September 1996, the
PBGC finds that good cause exists for making the rates and factors set
forth in this amendment effective less than 30 days after publication.
The PBGC has determined that this action is not a ``significant
regulatory action'' under the criteria set forth in Executive Order
12866.
Because no general notice of proposed rulemaking is required for
this amendment, the Regulatory Flexibility Act of 1980 does not apply.
See 5 U.S.C. 601(2).
List of Subjects in 29 CFR Part 4044
Pension insurance, Pensions.
In consideration of the foregoing, 29 CFR part 4044 is hereby
amended as follows:
PART 4044--[AMENDED]
1. The authority citation for part 4044 continues to read as
follows:
Authority: 29 U.S.C. 1301(a), 1302(b)(3), 1341, 1344, 1362.
Appendix B to Part 4044--[Amended]
2. In appendix B, a new entry is added to Table I, and Rate Set 35
is added to Table II, as set forth below. The introductory text of each
table is republished for the convenience of the reader and remains
unchanged.
Appendix B to Part 4044--Interest Rates Used To Value Annuities and
Lump Sums
Table I.--Annuity Valuations
[This table sets forth, for each indicated calendar month, the interest rates (denoted by i1, i2, . . . , and
referred to generally as it) assumed to be in effect between specified anniversaries of a valuation date that
occurs within that calendar month; those anniversaries are specified in the columns adjacent to the rates. The
last listed rate is assumed to be in effect after the last listed anniversary date]
----------------------------------------------------------------------------------------------------------------
The values of it are:
For valuation dates occurring in -----------------------------------------------------------------------------
the month-- it for t = it for t = it for t =
----------------------------------------------------------------------------------------------------------------
* * * * * *
September 1996.................... .0630 1-20 .0475 >20 N/A N/A
----------------------------------------------------------------------------------------------------------------
[[Page 42385]]
Table II.--Lump Sum Valuations
[In using this table: (1) For benefits for which the participant or beneficiary is entitled to be in pay status on the valuation date, the immediate
annuity rate shall apply; (2) For benefits for which the deferral period is y years (where y is an integer and 0n1), interest rate i1 shall
apply from the valuation date for a period of y years, and thereafter the immediate annuity rate shall apply; (3) For benefits for which the deferral
period is y years (where y is an integer and n1n1 + n2), interest rate i2 shall apply from the valuation date for a period of y-n1 years,
interest rate i1 shall apply for the following n1 years, and thereafter the immediate annuity rate shall apply; (4) For benefits for which the deferral
period is y years (where y is an integer and y>n1+n2), interest rate i3 shall apply from the valuation date for a period of y-n1-n2 years, interest rate
i2 shall apply for the following n2 years, interest rate i1 shall apply for the following n1 years, and thereafter the immediate annuity rate shall
apply]
--------------------------------------------------------------------------------------------------------------------------------------------------------
For plans with a valuation date Immediate Deferred annuities (percent)
Rate set ---------------------------------- annuity rate ------------------------------------------------------------------------------------
On or after Before (percent) i1 i2 i3 n1 n2
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
35.............. 09-1-96 10-1-96 5.25 4.50 4.00 4.00 7 8
--------------------------------------------------------------------------------------------------------------------------------------------------------
Issued in Washington, DC, on this 12th day of August 1996.
Martin Slate,
Executive Director, Pension Benefit Guaranty Corporation.
[FR Doc. 96-20845 Filed 8-14-96; 8:45 am]
BILLING CODE 7708-01-P
Complete official Federal Register PDF
FR Doc. 96-20823 Small Business Size Standards; Reinstate a Class Waiver of the Nonmanufacturer Rule
[Federal Register Volume 61, Number 159 (Thursday, August 15, 1996)]
[Rules and Regulations]
[Pages 42376-42377]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20823]
=======================================================================
-----------------------------------------------------------------------
SMALL BUSINESS ADMINISTRATION
13 CFR Part 121
Small Business Size Standards; Reinstate a Class Waiver of the
Nonmanufacturer Rule
AGENCY: Small Business Administration.
ACTION: Reinstate a Class Waiver of the Nonmanufacturer Rule for one
class of metal products.
-----------------------------------------------------------------------
SUMMARY: On July 27, 1994, the Small Business Administration (SBA)
published a notice in the Federal Register (Vol. 59, No. 143, FR 38115)
that terminated: the class waiver for bars and rods, nickel-copper,
nickel-copper-aluminum, and high-nickel-alloy and copper, copper-
nickel, aluminum-bronze, and naval brass [Federal Supply Code (FSC)
9530, Standard Industrial Classification Code (SIC) 3356] (hereafter
referred to as bars and rods); and the class waiver for structural
shapes, angles, channels, tees and zees, aluminum and high-nickel-alloy
(hereafter referred to as structural shapes). It has been brought to
SBA's attention by the Defense Logistics Agency, Defense Industrial
Supply Center, that a misclassification occurred because SBA combined
these two different groups of metal products into a single
classification. This mistake inadvertently resulted in the termination
of the class waiver for bars and rods. The SBA is therefore reinstating
the class waiver under the Nonmanufacturer Rule for bars and rods. The
termination of the waiver of the Nonmanufacturer Rule for structural
shapes remains in effect.
EFFECTIVE DATE: August 15, 1996.
FOR FURTHER INFORMATION CONTACT: David Wm. Loines, Office of Government
Contracting, phone number (202) 205-6475.
SUPPLEMENTARY INFORMATION: Public Law 100-656, enacted on November 15,
[[Page 42377]]
1988, incorporated into the Small Business Act the previously existing
requirement that recipients of Federal contracts set aside for small
businesses, or the SBA 8(a) Program, must provide the products of small
business manufacturers or processors. The SBA regulations imposing this
requirement are found at 13 CFR 121.406(b).
Section 210 of Public Law 101-574 further amended the Small
Business Act to allow for waivers for classes of products for which
there are no small business manufacturers or processors ``available to
participate in the Federal procurement market,'' 15 U.S.C.
637(a)(17)(B)(iv)(II).
Decision To Reinstate the Class Waiver
SBA announced its decision to grant a class waiver for bars and
rods in the Federal Register on May 15, 1991 (Vol. 56, No. 94 FR
22306).
SBA published a notice terminating the class waiver for bars and
rods and structural shapes on July 27, 1994 (Vol. 59, No. 143 FR
38115). On October 24, 1994, the Defense Logistics Agency's (DLA)
Defense Industrial Supply Center (DISC) brought to SBA's attention that
a misclassification had occurred by grouping bars and rods with
structural shapes which inadvertently resulted in the termination of
the class waiver for both bars and rods. The termination of the waiver
for structural shapes was correct and remains in effect.
The waiver previously granted for bars and rods, nickel-copper,
nickel-copper-aluminum, and high-nickel-alloy and copper, copper-
nickel, aluminum-bronze, and naval brass [Federal Supply Code (FSC)
9530, Standard Industrial Classification Code (SIC) 3356] should still
be in effect, effective upon date of publication of this notice. Small
business set-aside or SBA 8(a) Program contracts for this class of
products may rely on this waiver where the solicitation is dated within
ninety (90) days of the date this notice appears in the Federal
Register.
Dated: August 12, 1996.
Judith A. Roussel,
Associate Administrator for Government Contracting.
[FR Doc. 96-20823 Filed 8-14-96; 8:45 am]
BILLING CODE 8025-01-P
Complete official Federal Register PDF
FR Doc. 96-20821 Indirect Food Additives: Adjuvants, Production Aids, and Sanitizers; Correction
[Federal Register Volume 61, Number 159 (Thursday, August 15, 1996)]
[Rules and Regulations]
[Page 42381]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20821]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
21 CFR Part 178
[Docket No. 93F-0385]
Indirect Food Additives: Adjuvants, Production Aids, and
Sanitizers; Correction
AGENCY: Food and Drug Administration, HHS.
ACTION: Final rule; correction.
-----------------------------------------------------------------------
SUMMARY: The Food and Drug Administration (FDA) is correcting a final
rule that appeared in the Federal Register of May 21, 1996 (61 FR
25395). The document amended the food additive regulations to provide
for the safe use of formaldehyde, polymer with 1-naphthylenol, as a
release agent, applied on the internal parts of reactors employed in
the production of polyvinyl chloride and acrylic copolymers intended
for food-contact applications. The document was published with some
errors. This document corrects those errors.
EFFECTIVE DATE: May 21, 1996.
FOR FURTHER INFORMATION CONTACT: Vir D. Anand, Center for Food Safety
and Applied Nutrition (HFS-216), Food and Drug Administration, 200 C
St. SW., Washington, DC 20204, 202-418-3081.
In FR Doc. 96-12761, appearing on page 25395 in the Federal
Register of Tuesday, May 21, 1996, the following corrections are made:
1. On page 25395, in the first column, under the ``SUMMARY''
caption, in the fifth line, and under the ``SUPPLEMENTARY INFORMATION''
caption, in the first paragraph, beginning in the thirteenth line, ``1-
naphthylenol'' is corrected to read ``1-naphthalenol''.
Sec. 178.3860 [Corrected]
2. On page 25396, in the Table, under the heading ``List of
substances,'' ``1-naphthylenol'' is corrected to read ``1-
naphthalenol''.
Dated: July 25, 1996.
William K. Hubbard,
Associate Commissioner for Policy Coordination.
[FR Doc. 96-20821 Filed 8-14-96; 8:45 am]
BILLING CODE 4160-01-F
Complete official Federal Register PDF
FR Doc. 96-20816 Classification Reform; Implementation Standards
[Federal Register Volume 61, Number 159 (Thursday, August 15, 1996)]
[Rules and Regulations]
[Pages 42478-42489]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20816]
[[Page 42477]]
_______________________________________________________________________
Part III
Postal Service
_______________________________________________________________________
39 CFR Part 111
Classification Reform; Implementation Standards; Final Rule
Federal Register / Vol. 61, No. 159 / Thursday, August 15, 1996 /
Rules and Regulations
[[Page 42478]]
POSTAL SERVICE
39 CFR Part 111
Classification Reform; Implementation Standards
AGENCY: Postal Service.
ACTION: Final rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: This final rule sets forth the Domestic Mail Manual (DMM)
standards adopted by the Postal Service to implement the Decision of
the Governors of the United States Postal Service on the Recommended
Decision of the Postal Rate Commission on Nonprofit Standard Mail,
Nonprofit Enhanced Carrier Route Standard Mail, Nonprofit Periodicals,
and Within County Periodicals, Docket No. MC96-2, Classification Reform
II. This final rule also contains the phased rates being implemented
both for those subclasses as well as for Classroom Periodicals and
Library Mail.
DATES: The final rule is effective October 6, 1996. Comments on the
standards for Classroom Periodicals as discussed in Supplementary
Information must be received on or before September 5, 1996.
ADDRESSES: Written comments should be mailed or delivered to the
Manager, Customer Mail Preparation and Standards, U.S. Postal Service,
475 L'Enfant Plaza SW, Room 6830, Washington DC 20260-2405. Copies of
all written comments will be available at the above address for
inspection and photocopying between 9 a.m. and 4 p.m., Monday through
Friday.
FOR FURTHER INFORMATION CONTACT: Leo F. Raymond, (202) 268-5199.
SUPPLEMENTARY INFORMATION: On April 4, 1996, pursuant to its authority
under 39 U.S.C. 3621, et seq., the Postal Service filed with the Postal
Rate Commission (PRC) a request for a recommended decision on several
mail classification reform proposals for nonprofit Periodicals and
Standard Mail (Classification Reform II). The PRC designated the filing
as Docket No. MC96-2. On April 11, 1996, the PRC published a notice of
the filing, with a description of the Postal Service's proposals, in
the Federal Register (61 FR 16129-16146).
After an abbreviated proceeding that was made possible by
settlement between many of the intervenors and the Postal Service, the
PRC issued its Opinion and Recommended Decision on Docket No. MC96-2 on
July 19, 1996. In that document, the PRC favorably recommended what the
Postal Service had proposed, with the exception of those provisions in
the Classroom Periodicals rate schedule; the PRC reopened the record in
Docket No. MC96-2 for further proceedings on that category of mail. On
August 6, 1996, the Governors of the Postal Service accepted the
Recommended Decision and the Board of Governors set October 6, 1996, as
the date on which the provisions of Docket No. MC96-2 would take
effect. A notice of the Decision of the Governors is published
elsewhere in this issue of the Federal Register.
As stated in the Postal Service filing, the changes proposed in
Docket No. MC96-2 deliberately mirrored those adopted by the Governors
of the Postal Service in Docket No. MC95-1. The Postal Service
correctly believed that this feature of its proposal would expedite the
ratemaking process and facilitate simplified implementing standards if
the PRC's Recommended Decision substantially supported the Postal
Service's proposal and if that Recommended Decision were approved by
the Governors and implemented by the Board of Governors.
Until July 1, 1996 (the implementation date for Classification
Reform I), rate eligibility and mail preparation standards were
generally similar for both commercial and nonprofit mail. After that
date, new standards took effect for commercial rate categories, while
the preexisting rules were generally retained for the ``unreformed''
nonprofit categories pending the resolution of Docket No. MC96-2. In
line with its proposal in Docket No. MC96-2, the Postal Service
proposed revised Domestic Mail Manual (DMM) standards for nonprofit
rate categories that would substantively eliminate the preparation and
rate eligibility distinctions between commercial and nonprofit mail
that would exist after July 1, 1996.
The DMM standards that were proposed to take effect to implement
Docket No. MC96-2 were published for public comment in the Federal
Register on June 24, 1996 (61 FR 32606-32616).
No comments were received on the proposed rule. Accordingly, it is
adopted without change as the final rule, except that comments may be
submitted on the rate provisions for Classroom Periodicals.
Accordingly, the following units of the DMM are eliminated, having
been established solely to contain former general standards that were
applicable only to nonprofit rate categories during the interim period
beginning July 1: E239, E249, E639, E649, L001, L897, L898, L899, M690,
M692, M693, M695, M696, M697, M698, M890, M891, M892, M893, M894, M895,
M896, M897, and M898. Sections of other units are also eliminated for
the same reason, as shown in the detailed DMM text below.
In addition, the existing eligibility standards in E231 and E239
are consolidated into E230, and existing E241 and E249 are consolidated
into new E240. The basic mail preparation standards in M010 through
M070, as amended in the proposed rule, are also implemented as proposed
for all nonprofit mail.
The DMM text presented below reflects other organizational
revisions that do not constitute substantive changes: E621 through E625
are consolidated into E620; E631 through E634 are consolidated into
E630; and E641 is redesignated as E640.
Most of the rates described below in the revisions to DMM module R
are Step 4 rates, not the Step 6 ``full'' rates shown in the Postal
Service's Request, recommended by the PRC, and accepted by the
Governors. ``Full'' rates are subject to incremental implementation
(phasing) under the provisions of 39 U.S.C. 3642. For certain nonletter
Nonprofit Standard Mail, however, Step 4 rates would conflict with the
provisions of subsection (d) of section 3642. Consequently, the rates
for such mail (i.e., all pieces subject to Nonprofit 3/5 and Enhanced
Carrier Route nonletter rates) have been set at the Step 6 ``full''
rates. Compared with the tentative rates published in the June 24
Federal Register, this results in different rates for all Nonprofit 3/5
and Enhanced Carrier Route rate nonletter-size pieces. Within the
Nonprofit subclass, it also results in a difference in pound rates
between Basic rate and 3/5 rate pieces subject to nonletter rates.
The ``breakpoint'' for Nonprofit Standard Mail is also amended,
based on the rates in Docket No. MC96-2 and the implementation of Step
6 rates as discussed above. (Standard Mail (A) is subject to postage at
either a minimum rate per piece or a compound rate consisting of a flat
piece charge and a pound charge that varies according to the weight of
the piece, whichever is higher. The breakpoint is the calculated piece
weight at or below which the piece is subject to the minimum per piece
rate; above it, the piece/pound rate must be paid. Because the
breakpoint is based on the mathematical relationship of specific rate
elements, it is adjusted whenever rates are changed.) The
implementation of Step 6 rates has caused a slight decrease from the
breakpoint for Nonprofit Enhanced Carrier Route Standard Mail rates
[[Page 42479]]
published in the proposed rule. As shown below, that breakpoint is set
at 0.2084 pound (3.3348 ounces), 0.0036 ounce less than in the proposed
rule.
Because the PRC's Recommended Decision, as accepted and implemented
by the Governors, excludes rate changes for Classroom Periodicals that
had been proposed by the Postal Service, the rates for Classroom
Periodicals in DMM module R are revised to reflect only the Step 4
rates separately scheduled to take effect October 6, 1996, as
prescribed by the Governors of the Postal Service. Under the same
scheduled advancement to Step 4, revised rates for Library Mail also
take effect October 6, 1996. Although not part of Docket No. MC96-2 or
this rulemaking, the revised Library Mail rates are shown below as
information to readers.
The PRC's Recommended Decision leaves the rate schedule for
Classroom Periodicals unchanged, retaining ZIP+4 Classroom rates.
Because of this difference from what the Postal Service had proposed in
its request and in the proposed rule, this final rule is amended to
retain access to ZIP+4 rates for Classroom Periodicals in a way that
minimizes the impact of those provisions on the Postal Service's
efforts to simplify DMM standards for rate eligibility and mail
preparation. Therefore, the Postal Service adopts standards for ZIP+4
Classroom rate mail that are different from those published in DMM
Issue 50. Because these standards were not part of the June 24 proposed
rule, the Postal Service will accept further comments on those
standards from interested parties for an additional 21 days.
In general, the Postal Service establishes eligibility standards
for ZIP+4 Classroom rate mail that parallel those for other automation
rate Periodicals. Mail preparation standards for ZIP+4 Classroom rate
mail would be essentially similar to those for upgradable mail in other
classes, except a ZIP+4 code would be required in the address. The
Postal Service anticipates minimal adverse impact from this proposal on
the mailing community, given the applicability of ZIP+4 rates to only
letter-size pieces and the likely absence of a significant volume of
letter-size mail in the Classroom Periodicals subclass.
The Postal Service is also revising the standard that prohibits the
use of certain nonpaper, plastic-like materials (such as spun-bonded
olefin) that do not accept the water-based ink used by the Postal
Service to spray barcodes on mail. The current prohibition applies to
pieces claimed at ZIP+4 rates, but ZIP+4 rates were eliminated for
First-Class Mail, Regular Periodicals, and Regular Standard Mail in
MC95-1, and a comparable proposal was advanced in MC96-2 for Preferred
Periodicals and Nonprofit Standard Mail. Nonetheless, the Postal
Service remains interested in optimizing its ability to ``upgrade''
(i.e., spray a barcode on) that volume of customer mail that was
formerly prepared to qualify for the ZIP+4 rates (e.g., compatible with
automated address recognition and automated processing) and that will
not hereafter be barcoded before entry into the mailstream. For that
reason, the implementing standards for MC95-1 and those adopted by this
notice for MC96-2 prescribe simpler preparation standards for
``upgradable'' mail than for other nonupgradable pieces. Because the
Postal Service seeks to barcode this mail by means similar to those
used for ZIP+4 rate mail, the Postal Service will continue to ban the
use of certain nonpaper envelope materials for ``upgradable'' mail as
it does now for ZIP+4 rate pieces. This ban is represented by the
revision to C830.6.2 shown below.
All references to DMM sections shown in this rule are based on DMM
Issue 50 (July 1, 1996).
List of Subjects in 39 CFR Part 111
Postal Service.
For the reasons discussed above, the Postal Service hereby adopts
the following amendments to the Domestic Mail Manual, which is
incorporated by reference in the Code of Federal Regulations (see 39
CFR part 111).
PART 111--[AMENDED]
1. The authority citation for 39 CFR part 111 continues to read as
follows:
Authority: 5 U.S.C. 552(a); 39 U.S.C. 101, 401, 403, 404, 3001-
3011, 3201-3219, 3403-3406, 3621, 3626, 5001.
2. Revise the following sections of the Domestic Mail Manual as set
forth below:
A Addressing
A000 Basic Addressing
A010 General Addressing Standards
* * * * *
4.0 Return Address
* * * * *
[Revise the heading and text of 4.5 to read as follows:]
4.5 Upgradable Mail
The return address on upgradable mail must be outside the OCR read
area. If placed on the front of the mailpiece, the return address must
be in the top left corner. It must extend no farther than half the
length of the piece from the left edge and no lower than one-third the
height of the piece from the top edge (see Exhibit 4.5).
* * * * *
A800 Addressing for Automation
1.0 Accuracy
1.1 Basic Standards
[Revise 1.1 to read as follows:]
To qualify for automation rates, addresses must be sufficiently
complete to enable matching to the current USPS ZIP+4 File when used
with current CASS-certified address matching software. Standardized
address elements are not required.
* * * * *
[Revise the heading of A900 to read as follows:]
A900 Customer Support
* * * * *
A950 Coding Accuracy Support System (CASS)
* * * * *
3.0 Date of Address Matching and Coding
3.1 Update Standards
[Amend 3.1 by revising the second sentence to read as follows:]
* * * Coding must be done within 90 days before the mailing date
for all carrier route mailings and within 180 days before the mailing
date for all non-carrier route automation rate mailings. * * *
* * * * *
C Characteristics and Content
* * * * *
C800 Automation-Compatible Mail
C810 Letters and Cards
* * * * *
2.0 Dimensions
* * * * *
[Revise the heading of 2.3 to read as follows:]
2.3 Maximum Weight
[Revise 2.3 to read as follows:]
Maximum weight limits are as follows:
a. 2.5 ounces: upgradable Presorted First-Class Mail, ZIP+4
Classroom Periodicals, and upgradable nonautomation Standard Mail.
b. 3 ounces: automation First-Class Mail, automation Periodicals,
and automation Standard Mail.
c. 3.3062 ounces: automation Enhanced Carrier Route heavy letters,
subject to 7.5.
[[Page 42480]]
d. 3.3087 ounces: automation Regular Standard Mail heavy letters,
subject to 7.5.
e. 3.3348 ounces: automation Nonprofit Enhanced Carrier Route heavy
letters, subject to 7.5.
f. 3.3407 ounces: automation First-Class Mail, automation
Periodicals, and automation Nonprofit Standard Mail heavy letters,
subject to 7.5.
* * * * *
8.0 Enclosed Reply Cards and Envelopes
8.1 Basic Standard
[Revise 8.1 to read as follows:]
Effective January 1, 1997 (or March 1, 1997, for Preferred
Periodicals and Nonprofit Standard Mail), all letter-size reply cards
and envelopes (business reply, courtesy reply, and metered reply mail)
provided as enclosures in automation First-Class Mail, automation
Periodicals, and automation Standard Mail (A), and addressed for return
to a domestic delivery address, must meet the applicable standards in
1.0 through 7.0, bear a facing identification mark (FIM) meeting the
standards in 8.2, and bear the correct delivery point barcode (or, for
business reply mail (BRM), the correct ZIP+4 barcode) for the delivery
address on the reply piece as defined by the USPS and subject to the
barcode standards in C840. The mailer must certify that these standards
have been met when the corresponding mail (in which the reply pieces
are enclosed) is presented to the USPS. BRM pieces must also meet the
applicable standards in S922.
* * * * *
C830 OCR Standards
* * * * *
6.0 USPS Water-based Barcode Ink
* * * * *
6.2 Nonpaper Material
[Revise 6.2 to read as follows:]
Certain nonpaper, plastic-like material (such as spun-bonded
olefin) is not acceptable for upgradable pieces unless approved by USPS
Engineering.
* * * * *
[Revise the heading of C840 to read as follows:]
C840 Barcoding Standards
* * * * *
2.0 Barcode Location--Letter-Size Pieces
2.1 Barcode Clear Zone
[Amend 2.1 by revising the first sentence to read as follows:]
Each letter-size piece in an automation rate mailing, each piece of
ZIP+4 Classroom Periodicals, and each piece of upgradable Presorted
First-Class Mail or upgradable Standard Mail (A) must have a barcode
clear zone unless the piece bears a DPBC in the address block. * * *
2.2 General Standards
[Replace 2.2, 2.2a, 2.2b, and 2.2c with new 2.2 to read as follows:]
In automation rate mailings, pieces weighing 3 ounces or less may
bear a DPBC either in the address block or in the barcode clear zone;
pieces weighing more than 3 ounces (up to the maximum weight permitted
by C810) must bear a DPBC in the address block.
* * * * *
[Revise the heading of 8.0 to read as follows:]
8.0 5-Digit and ZIP+4 Barcodes
8.1 Automation Pieces
[Replace 8.1, 8.1a, 8.1b, and 8.1c with new 8.1 to read as follows:]
Except under 8.3, letter-size pieces in automation rate mailings
may not bear a 5-digit or ZIP+4 barcode in the lower right corner
(barcode clear zone); such pieces may bear a 5-digit or ZIP+4 barcode
in the address block only if a DPBC appears in the lower right corner.
Except under 8.3, flat-size pieces may not bear a 5-digit barcode.
* * * * *
8.3 Temporary Exception to Barcoding
[Revise 8.3 to read as follows:]
Until January 1, 1997, up to 10% of the pieces in an automation
Periodicals mailing of flat-size pieces may be prepared with only a 5-
digit barcode (subject to C840); and up to 10% of the pieces in an
automation Periodicals mailing of letter-size pieces may be prepared
without a barcode or with only a ZIP+4 barcode (subject to C840).
Pieces within this 10% allowance must be combined and presorted with
the rest of the mailing, with postage paid at the applicable
nonautomation Periodicals rate and supported by documentation under
former M893 (letters) or M897 (flats).
* * * * *
E Eligibility
* * * * *
E200 Periodicals
E210 Basic Standards
E211 All Periodicals
* * * * *
14.0 Basic Rate Eligibility
* * * * *
[Revise the heading of 14.3 to read as follows:]
14.3 Adjustments and Discounts
[Replace 14.3, 14.3a, 14.3b, 14.3c, and 14.3d with new 14.3 to read as
follows:]
Postage for Periodicals is reduced by all applicable adjustments
and discounts. The nonadvertising adjustment applies to the outside-
county piece rate charges and is computed under P013. Presort and
automation discounts are available under E230 and E240, respectively.
Destination entry discounts are available under E250 for copies entered
at specific USPS facilities.
* * * * *
E230 Nonautomation Rates
[Remove E239 and redesignate E231 as E230.]
1.0 General Information
1.1 Standards
[Amend 1.1 by replacing the reference ``M210'' with ``M200'' to read as
follows:]
The standards for presort rates are in addition to the basic
standards for Periodicals in E210, the standards for other rates or
discounts claimed, and the applicable preparation standards in M200,
M810, or M820. Not all combinations of presort level, automation, and
destination entry discounts are permitted.
* * * * *
2.0 Carrier Route Rates
* * * * *
2.2 Eligibility
[Amend 2.2 by replacing the reference ``M210'' with ``M200'' in the
introductory text to read as follows:]
Preparation to qualify eligible pieces for carrier route rates is
optional and is subject to M200. Carrier route sort need not be done
for all carrier routes in a 5-digit area. Specific rate eligibility is
subject to these standards:
* * * * *
3.0 3/5 Rates
[Amend 3.0 by revising the introductory text to read as follows:]
Subject to M200, 3/5 rates apply to pieces not claimed at in-county
rates, as follows:
* * * * *
4.0 Basic Rates
[Revise 4.0 to read as follows:]
[[Page 42481]]
Basic rates apply to pieces prepared under M200 but not claimed at
Carrier Route or 3/5 rates.
[Redesignate current 5.0 and 6.0 as 6.0 and 7.0, respectively, and
revise internal references accordingly; add new 5.0 to read as
follows:]
5.0 In-County Rates
In-county Basic rates apply to all pieces eligible for in-county
rates that are not also eligible under 2.0 for in-county Carrier Route
rates.
* * * * *
E240 Automation Rates
[Remove E249 and redesignate E241 as E240.]
1.0 Basic Standards
1.1 All Pieces
[Amend 1.1 by revising the introductory text to read as follows:]
Except for Classroom Periodicals under 3.0, all pieces in an
automation Periodicals mailing must:
* * * * *
1.2 Enclosed Reply Cards and Envelopes
[Revise 1.2 to read as follows:]
Effective January 1, 1997 (or March 1, 1997, for Preferred
Periodicals), all letter-size reply cards and envelopes (business
reply, courtesy reply, and metered reply mail) provided as enclosures
in automation Periodicals, and addressed for return to a domestic
delivery address, must meet the standards in C810 for enclosed reply
cards and envelopes. The mailer must certify that this standard has
been met when the corresponding mail (in which the reply pieces are
enclosed) is presented to the USPS.
1.3 Temporary Exception to Barcoding
[Revise 1.3 to read as follows:]
Until January 1, 1997, up to 10% of the pieces in an automation
Periodicals mailing of flat-size pieces may be prepared with only a 5-
digit barcode (subject to C840); and up to 10% of the pieces in an
automation Periodicals mailing of letter-size pieces may be prepared
without a barcode or with only a ZIP+4 barcode (subject to C840).
Pieces within this 10% allowance must be combined and presorted with
the rest of the mailing, with postage paid at the applicable
nonautomation Periodicals rate and supported by documentation under
former M893 (letters) or M897 (flats).
[Revise the heading of 2.0 to read as follows:]
2.0 Rate Application--Except Classroom Periodicals
[Redesignate current 2.1a, 2.1b, and 2.1c as 2.1b, 2.1d, and 2.1e,
respectively, and revise redesignated 2.1b and add new 2.1a and 2.1c to
read as follows:]
2.1 Letters
Automation rates apply to each letter-size piece that is sorted
under M810 into the corresponding qualifying groups:
a. Groups of 150 or more pieces in 5-digit trays qualify for the 5-
digit automation in-county rate.
b. Groups of 150 or more pieces in 5-digit or unique 3-digit trays
qualify for the 3/5 automation Regular or Nonprofit rate, as
applicable.
c. Groups of 150 or more pieces in unique 3-digit trays qualify for
the 3-digit automation in-county rate.
d. Pieces for a unique 3-digit destination that is part of a 3-
digit scheme group in L003 qualify for the 3/5 automation rate when
placed in a 3-digit scheme tray if grouped separately from pieces for
other 3-digit areas.
e. Groups of fewer than 150 pieces in origin/entry 3-digit/scheme
trays and groups of 150 or more pieces in other 3-digit, 3-digit
scheme, or AADC trays and all pieces in mixed AADC trays qualify for
the Basic automation rate.
* * * * *
[Add new 3.0 to read as follows:]
3.0 Classroom Periodicals
3.1 ZIP+4 Rates
ZIP+4 Classroom Periodicals must meet the basic standards in 1.1a
through 1.1f and 1.2, except each piece must meet the physical
standards for letter-size mail in C810 and the standards for OCR
processing in C830, must bear the correct ZIP+4 code in the address,
and must have address elements in the standardized format placed in the
OCR read area, under A010. ZIP+4 rates apply to each letter-size piece
that is sorted under M810 into the corresponding qualifying groups:
a. Groups of 150 or more pieces in 5-digit or unique 3-digit trays
qualify for the 3/5 ZIP+4 rate.
b. Groups of fewer than 150 pieces in origin/entry 3-digit trays
and groups of 150 or more pieces in other 3-digit or AADC trays, and
all pieces in mixed AADC trays qualify for the Basic ZIP+4 rate.
3.2 Barcoded Rates
Barcoded Classroom Periodicals must meet the basic standards in
1.0. Barcoded rates apply to each letter-size piece that is sorted
under M810 into the corresponding qualifying groups:
a. Groups of 150 or more pieces in 5-digit trays qualify for the 5-
digit Barcoded rate.
b. Groups of 150 or more pieces in unique 3-digit trays qualify for
the 3-digit Barcoded rate.
c. Pieces for a unique 3-digit destination that is part of a 3-
digit scheme group in L003 qualify for the 3-digit Barcoded rate when
placed in a 3-digit scheme tray if grouped separately from pieces for
other 3-digit areas.
d. Groups of fewer than 150 pieces in origin/entry 3-digit/scheme
trays and groups of 150 or more pieces in other 3-digit, 3-digit
scheme, or AADC trays and all pieces in mixed AADC trays qualify for
the Basic Barcoded rate.
E250 Destination Entry
[Amend 2.1 by replacing the reference ``M210'' with ``M200'' and by
removing the phrase ``or Level I or K''; no other change to text.]
* * * * *
E600 Standard Mail
E610 Basic Standards
* * * * *
E612 Additional Standards for Standard Mail (A)
* * * * *
4.0 Bulk Rates
* * * * *
4.2 Minimum Per Piece Rates
[Revise 4.2 to read as follows:]
The minimum per piece rates (i.e., the minimum postage that must be
paid for each piece) apply to Enhanced Carrier Route rate pieces
weighing no more than 0.2066 pound rounded (3.3062 ounces rounded);
Regular nonautomation and automation rate pieces weighing no more than
0.2068 pound rounded (3.3087 ounces rounded); Nonprofit Enhanced
Carrier Route rate pieces weighing no more than 0.2084 pound rounded
(3.3348 ounces rounded); and Nonprofit nonautomation and automation
rate pieces weighing no more than 0.2088 pound rounded (3.3407 ounces
rounded). The base postage rate applies to pieces meeting minimum
preparation standards (e.g., Basic rate) and may be reduced if
additional standards are met. In applying the minimum per piece rates,
mail is categorized as either letters or other than letters, based on
whether the mail meets the letter-size standard in C050. That standard
disregards address placement, except that, for automation rates, mail
may be assigned to the other than letters category based
[[Page 42482]]
on the standards in C820. Address placement is also used to apply the
aspect ratio standard in C810 to letter-size automation rates.
* * * * *
4.7 Annual Fees
[Replace 4.7, 4.7a, and 4.7b with new 4.7 to read as follows:]
Bulk rate Standard Mail (A) is subject to an annual mailing fee
once each 12-month period. The fee may be paid in advance only for the
next year and only during the last 30 days of the current service
period. The fee charged is that in effect on the date of payment. Each
mailer who enters mail at bulk rates paid with meter or precanceled
stamps must pay an annual bulk mailing fee at each post office of
mailing; a mailer paying this fee may enter clients' mail as well as
the mailer's own. The mailer whose permit imprint appears on pieces in
a mailing paid with a permit imprint must show that permit number on
the postage statement and must pay the annual bulk mailing fee for that
permit; this fee is in addition to the fee for an application to use
permit imprints.
* * * * *
4.9 Preparation
[Amend 4.9 by revising the introductory text and 4.9c to read as
follows:]
Each bulk rate mailing is subject to these general standards:
* * * * *
c. The same mailing may not contain both automation and
nonautomation rate pieces.
* * * * *
E620 Nonautomation Nonpresort Rates
[Redesignate E621 as E620.1.0; revise to read as follows:]
1.0 Single-Piece Standard Mail (A)
[Redesignate E621.1.1 through 1.6 as E620.1.1 through 1.6,
respectively; no other change to text.]
[Redesignate E622 as E620.2.0 and revise internal references
accordingly; revise to read as follows:]
2.0 Parcel Post
[Redesignate chart under 2.1 as Exhibit 2.4, with the heading ``BMC/ASF
Service Areas,'' and revise redesignated 2.1 to read as follows:]
2.1 Basic Standards
Any Standard Mail (B) matter may be mailed at parcel post rates,
subject to the basic standards in E611 and E613.
[Redesignate E622.1.2 and 1.3 as E620.2.2 and 2.3, respectively.]
* * * * *
[Redesignate E622.2.0, 3.0, and 4.0 as E620.2.4, 2.5, and 2.6,
respectively, and revise internal references accordingly; no other
change to text.]
2.4 Rate Eligibility
[Add introductory text to redesignated E620.2.4 to read as follows:]
Parcel post rates are based on the zone to which the parcel is
addressed; the weight of the parcel; and whether the parcel is mailed
and delivered either within the service area of the same bulk mail
center (BMC) or auxiliary service facility (ASF) (as shown in Exhibit
2.4) or within another designated service area. Specific rates and
discounts are subject to these additional standards:
[Redesignate E622.2.1 through 2.5 as E620.2.4a through 2.4e,
respectively, and revise internal references accordingly; no other
change to text.]
* * * * *
2.5 Nonmachinable Surcharge
[Add introductory text to redesignated E620.2.5 to read as follows:]
The nonmachinable surcharge applies only to the items listed in
2.5a through 2.5i if mailed at the inter-BMC/ASF parcel post rates and
no special delivery or special handling fee is paid. The nonmachinable
surcharge applies to items within these categories:
[Remove the introductory text of E622.3.2 and redesignate E622.3.2a
through 3.2i as E620.2.5a through 2.5i, respectively.]
* * * * *
2.6 Fees
[Add introductory text to redesignated E620.2.6 to read as follows:]
Parcel post is subject to these fees, as applicable:
[Redesignate E622.4.1 and 4.2 as E620.2.6a and 2.6b, respectively.]
* * * * *
[Redesignate E623 as E620.3.0.]
3.0 Bound Printed Matter
[Redesignate E623.1.1 through 1.4 as E620.3.1 through 3.4,
respectively.]
[Redesignate E624 as E620.4.0.] 4.0 Special Standard Mail
[Redesignate E624.1.1 through 1.4 as E620.4.1 through 4.4,
respectively, and revise internal references accordingly; no other
change to text.]
[Redesignate E625 as E620.5.0.]
5.0 Library Mail
[Redesignate E625.1.1 through 1.7 as E620.5.1 through 5.7,
respectively, and revise internal references accordingly; no other
change to text.]
E630 Nonautomation Presort Rates
[Remove E639; redesignate E631 through E634 as E630.1.0 through 4.0,
respectively, and revise as follows:]
1.0 Regular and Nonprofit Standard Mail
[Redesignate E631.1.0 through 3.0 as E630.1.1 through 1.3,
respectively; in redesignated 1.1 and 1.2, replace the term ``Regular
Standard Mail'' with ``Regular or Nonprofit Standard Mail''; in
redesignated 1.3, replace the term ``Regular rates'' with ``Regular and
Nonprofit rates''; no other change to text.]
2.0 Enhanced Carrier Route Standard Mail
[Redesignate E632.1.1 through 1.7 as E630.2.1 through 2.7,
respectively; in redesignated 2.3, replace the reference ``E641'' with
``E640''; redesignate E632.2.1 and 2.2 as E630.2.8 and 2.9,
respectively; revise the heading of redesignated 2.8 to read as ``Basic
Rates''; in redesignated 2.9, replace the reference ``1.6 and 1.7''
with ``2.6 and 2.7''; no other change to text.]
3.0 Bulk Bound Printed Matter
[Redesignate E633.1.1 and 1.2 as E630.3.1 and 3.2, respectively; in
redesignated 3.1, replace the phrase ``basic standards in E623'' with
``basic standards for bound printed matter in E620''; in redesignated
3.2b, replace the reference ``1.2a'' with ``3.2a''; no other change to
text.]
4.0 Presorted Special Standard Mail
[Redesignate E634.1.0 and 2.1 through 2.5 as E630.4.1 and 4.2 through
4.6, respectively.]
E640 Automation Rates
[Remove E649; redesignate E641 as E640; in 1.3, replace the term
``Regular automation rates'' with ``Automation rates''; in 1.4, replace
the term ``Regular automation rates'' with ``Automation rates.'']
[Revise the heading of 1.0 to read as follows:]
1.0 Regular and Nonprofit Rates
1.1 All Pieces
[Amend 1.1 by revising the introductory text and 1.1b to read as
follows:]
All pieces in an automation rate Regular or Nonprofit Standard
mailing must:
* * * * *
b. Be part of a single mailing of at least 200 pieces or 50 pounds
of pieces of automation rate Standard Mail
[[Page 42483]]
(Regular and Nonprofit mailings must meet separate minimum volumes).
* * * * *
1.2 Enclosed Reply Cards and Envelopes
[Revise 1.2 to read as follows:]
Effective January 1, 1997 (or March 1, 1997, for Nonprofit Standard
Mail), all letter-size reply cards and envelopes (business reply,
courtesy reply, and metered reply mail) provided as enclosures in
automation Regular or Nonprofit Standard Mail, and addressed for return
to a domestic delivery address, must meet the standards in C810 for
enclosed reply cards and envelopes. The mailer must certify that this
standard has been met when the corresponding mail (in which the reply
pieces are enclosed) is presented to the USPS.
* * * * *
[Revise the heading of 2.0 to read as follows:]
2.0 Enhanced Carrier Route Rates
2.1 All Pieces
[Amend 2.1 by revising the introductory text and 2.1b to read as
follows:]
All pieces in an automation rate Enhanced Carrier Route Standard
mailing (available for letters only) must:
* * * * *
b. Be part of a single mailing of at least 200 pieces or 50 pounds
of pieces of automation rate Enhanced Carrier Route Standard Mail
(Regular and Nonprofit mailings must meet separate minimum volumes).
* * * * *
2.4 Enclosed Reply Cards and Envelopes
[Revise 2.4 to read as follows:]
Effective January 1, 1997 (or March 1, 1997, for Nonprofit Enhanced
Carrier Route Standard Mail), all letter-size reply cards and envelopes
(business reply, courtesy reply, and metered reply mail) provided as
enclosures in automation Enhanced Carrier Route Standard Mail, and
addressed for return to a domestic delivery address, must meet the
standards in C810 for enclosed reply cards and envelopes. The mailer
must certify that this standard has been met when the corresponding
mail (in which the reply pieces are enclosed) is presented to the USPS.
* * * * *
E650 Destination Entry
* * * * *
E652 Parcel Post
[In 1.4, replace the reference ``E622'' with ``E620''; no other change
to text.]
E670 Nonprofit Standard Mail
1.0 Basic Standards
1.1 Organization Eligibility
[Revise 1.1 to read as follows:]
Only organizations that meet the standards in 2.0 or 3.0 and that
have received specific authorization from the USPS may mail eligible
matter at any Nonprofit Standard Mail rate, including Nonprofit
Enhanced Carrier Route rates.
* * * * *
L Labeling Lists
[Remove L001, L897, L898, and L899.]
M Mail Preparation and Sortation
M000 General Preparation Standards
M010 Mailpieces
M011 Basic Standards
[Revise the heading of 1.0 to read as follows:]
1.0 Terms and Conditions
* * * * *
1.2 Presort Levels
[Amend 1.2 by revising 1.2d, 1.2h, and 1.2i to read as follows:]
Terms used for presort levels are defined as follows:
* * * * *
d. 3-digit: the ZIP Code in the delivery address on all pieces
begins with the same three digits (see L002, Column A).
* * * * *
h. SCF: the separation includes pieces for two or more 3-digit
areas served by the same SCF (see L005), except that, where required or
permitted by standard, mail for a single 3-digit area may be prepared
in an SCF separation when no mail for other 3-digit ZIP Code areas is
available.
i. ADC/AADC: all pieces are addressed for delivery in the service
area of the same ADC or AADC (see L004 or L801).
* * * * *
1.4 Mailing
[Revise 1.4 to read as follows:]
A mailing is a group of pieces within the same class of mail and
processing category that may be sorted together under the applicable
standards. Other specific standards may define whether separate
mailings may be combined, palletized, reported, or deposited together.
The following types of mail may not be part of the same mailing despite
being in the same class and processing category: automation and
nonautomation mail; automation rate Enhanced Carrier Route and other
mail; any combination of Enhanced Carrier Route, Regular, Nonprofit,
and/or Nonprofit Enhanced Carrier Route Standard Mail.
* * * * *
M013 Optional Endorsement Lines
1.0 Use
1.1 Basic Standards
[Amend 1.1 by removing in the chart the entries for Optional City and
Working; by revising the parenthetical terms following the first entry
for Carrier Route to read as only ``(Periodicals)''; by revising the
parenthetical terms following the entry for SCF to read as only
``(bound printed matter)''; and by removing the parenthetical phrase
``(Except Preferred Periodicals and Nonprofit Standard Mail)''
following the entries for AADC and Mixed AADC.]
* * * * *
1.4 Rate Markings
[Amend 1.4 by replacing the term ``automation Regular Standard Mail''
with ``automation Standard Mail.'']
* * * * *
M014 Carrier Route Information Lines
1.0 Basic Information
[Amend 1.0 by replacing the terms ``carrier route and Level I/K
Periodicals'' with ``Carrier Route Periodicals.'']
* * * * *
M020 Packages and Bundles
[Remove 2.0; redesignate 3.0 and 4.0 as 2.0 and 3.0, respectively;
revise the heading of redesignated 2.0 as ``Additional Standards''
First-Class Mail, Periodicals, and Standard Mail (A)''; amend
redesignated 2.1c by replacing the terms ``Regular Standard Mail'' with
``Standard Mail (A)'' and ``Regular Periodicals'' with ``Periodicals'';
no other change to text.]
M030 Containers
M031 Labels
* * * * *
4.0 Pallet Labels
* * * * *
4.8 Delivery Unit, SCF, DDU, and DSCF Rates
[Revise 4.8 to read as follows:]
If a 5-digit, 3-digit, or SCF pallet contains copies claimed at
Periodicals delivery unit and SCF zone rates, or Standard Mail DDU and
DSCF rates, as applicable, the content line of the pallet label must
show the designation ``DDU/SCF,'' after the content description.
* * * * *
[[Page 42484]]
M032 Barcoded Labels
1.0 Barcoded Tray Labels
1.1 Standards
[Revise 1.1 to read as follows:]
Effective January 1, 1997, barcoded tray labels are required for
all mailings of automation rate First-Class Mail flat-size pieces and
automation rate First-Class Mail, Periodicals, and Standard Mail (A)
letter-size pieces. Barcoded tray labels may be used before that date
and may be used for other trayed mail. Mailer-produced barcoded tray
labels must meet the standards below. Revisions to preprinted barcoded
labels (e.g., handwritten changes) are not permitted.
* * * * *
2.0 Barcoded Sack Labels
2.1 Standards
[Revise 2.1 to read as follows:]
Effective January 1, 1997, barcoded sack labels are required for
all mailings of automation rate Periodicals and Standard Mail (A) flat-
size pieces prepared in sacks. Barcoded sack labels may be used before
that date and may be used for other sacked mail. Mailer-produced
barcoded sack labels must meet the standards below. Revisions to
preprinted barcoded labels (e.g., handwritten changes) are not
permitted.
* * * * *
M033 Sacks and Trays
[In 1.2a, replace the terms ``Regular Periodicals, and Regular and
Enhanced Carrier Route Standard Mail (A)'' with ``Periodicals, and bulk
rate Standard Mail (A)''; remove the last sentence of 1.2f; in 1.4,
remove the phrase and clause ``except for Preferred Periodicals and
Nonprofit Standard Mail, which are covered in 3.0 and 4.0''; in 1.7,
replace the phrase ``Except for Nonprofit Standard and Preferred
Periodicals mailings, after'' with ``After''; revise the heading of 2.0
to read as ``First-Class Mail, Periodicals, and Bulk Rate Standard Mail
(A)''; remove 3.0 and 4.0; no other change to text.]
M040 Pallets
* * * * *
M045 Palletized Mailings
* * * * *
2.0 Packages
* * * * *
2.2 Size--Periodicals
[Amend 2.2 by replacing the references ``M210 and M290'' in 2.2a with
``M200'' to read as follows:]
Package size: Six-piece minimum, 20-pound maximum, except that:
a. Firm packages may contain as few as two copies of a publication
and do not have to be consolidated into bundles with other packages to
the same 5-digit destination. A firm ``package`` may be counted as one
piece for presort standards (see M200).
* * * * *
[Remove 8.0 and renumber 9.0 as 8.0 with no change to text.]
[Revise the heading of M050 to read as follows:]
M050 Delivery Sequence
[Amend 1.1 by replacing the references ``M290 or M693'' with ``M200 or
M620''; no other change to text.]
M070 Mixed Classes
* * * * *
M073 Combined Mailings of Standard Mail Machinable Parcels
[Amend 1.1 by replacing the term ``Regular Standard Mail (A)'' with
``Standard Mail (A).'']
* * * * *
M200 Periodicals (Nonautomation)
[Remove M290; redesignate M210 as M200; amend 1.1, 1.2, and 2.3
(heading and text) by replacing the term ``Regular Periodicals'' with
``Periodicals.'']
* * * * *
M600 Standard Mail (Nonautomation)
[Revise the heading of M610 to read as follows:]
M610 Single-Piece and Nonautomation Standard Mail (A)
* * * * *
[Revise the heading of 2.0 to read as follows:]
2.0 Basic Standards--Nonautomation Rates
2.1 All Mailings
[Amend 2.1 by revising the introductory text, 2.1a, and 2.1e to read as
follows:]
All nonautomation (Basic and 3/5) rate mailings are subject to
these general standards (automation rate Standard Mail must be prepared
under M810 or M820, as applicable):
a. Each mailing must meet the applicable standards in E630 and in
M010, M020, and M030.
* * * * *
e. Subject to M012, all pieces eligible for and claimed at
Nonprofit rates must be marked ``Nonprofit Organization'' (or
``Nonprofit Org.'' or ``Nonprofit''); all other pieces must be marked
``Bulk Rate'' (or ``Blk. Rt.''). In addition, pieces may be marked
``Single-Piece'' (or ``SNGLP'') under P600 to correct an incorrect rate
marking.
* * * * *
2.3 Exception--Standard Mail (A)
[In 2.3, replace the terms ``Regular Standard Mail'' with ``Standard
Mail'' and ``Regular nonletter nonautomation'' with ``nonletter
nonautomation.'']
* * * * *
[Revise the heading of 3.0 to read as follows:]
3.0 Basic Preparation--Nonautomation Rate Letter-Size Pieces
* * * * *
[Revise the heading of 4.0 to read as follows:]
4.0 Optional Preparation--Upgradable Nonautomation Rate Letter-Size
Pieces
* * * * *
[Revise the heading of 5.0 to read as follows:]
5.0 Preparation--Nonautomation Rate Flat-Size Pieces and all Irregular
Parcels
* * * * *
[Revise the heading of 6.0 to read as follows:]
6.0 Machinable Parcels
* * * * *
[Revise the heading of 7.0 to read as follows:]
7.0 Bedloaded Bundles of Nonautomation Rate Flat-Size Pieces
[Amend 7.1 by replacing the term ``Regular nonautomation rate Standard
Mail (A)'' with ``nonautomation rate Standard Mail (A)''; no other
change to text.]
M620 Enhanced Carrier Route Standard Mail
1.0 Basic Standards
1.1 All Mailings
[Amend 1.1 by revising 1.1a and 1.1e to read as follows:]
All nonautomation rate Enhanced Carrier Route mailings are subject
to these general standards (automation rate Enhanced Carrier Route
mailings must be prepared under M810):
a. Each mailing must meet the applicable standards in E630 and in
M010, M020, and M030.
* * * * *
e. Subject to M012, all pieces eligible for and claimed at
Nonprofit rates must be marked ``Nonprofit Organization'' (or
``Nonprofit Org.'' or ``Nonprofit''); all other pieces must be marked
``Bulk Rate'' (or ``Blk. Rt.''). In addition, Basic, High Density, and
Saturation rate pieces must each be marked ``ECRLOT,'' ``ECRWSH,'' or
``ECRWSS,''
[[Page 42485]]
respectively. Pieces not claimed at the corresponding rate must not be
marked ``ECRLOT,'' ``ECRWSH,'' or ``ECRWSS'' unless single-piece rate
postage is affixed or a corrective single-piece rate marking is applied
under P600.
* * * * *
1.4 Exception--Standard Mail (A)
[Revise 1.4 to read as follows:]
When the size of the pieces in a Standard Mail (A) mailing job
enables them to qualify for Standard Mail automation rates as either
letters or flats, if part of the job is prepared as palletized flats at
automation rates for flats, the remainder may be prepared as palletized
flats at Enhanced Carrier Route nonletter rates and nonletter
nonautomation rates if the number of nonletter nonautomation rate
pieces does not exceed 10% of the total number of pieces in the entire
mailing job.
* * * * *
5.0 Residual Mail
[Amend 5.0 by replacing the term ``Regular Standard Mail rates'' with
``Regular or Nonprofit Standard Mail rates, as appropriate'' to read as
follows:]
Pieces not sorted under 2.0 and either 3.0 or 4.0 must be prepared
as a separate mailing at Regular or Nonprofit Standard Mail rates, as
appropriate.
* * * * *
[Remove M690, M692, M693, M695, M696, M697, and M698.]
M800 All Automation Mail
[Revise the heading of M810 to read as follows:]
M810 Letter-Size Mail
1.0 Basic Standards
1.1 Standards
[Amend 1.1 by replacing the term ``Regular Periodicals'' with
``Periodicals'' in the first sentence to read as follows:]
Letter-size automation rate First-Class Mail, Periodicals, and
Standard Mail (A) must be prepared under M810 and the eligibility
standards for the rate claimed.* * *
1.2 Mailings
[Amend 1.2 by adding the following sentence to the end of the section
to read as follows:]
* * * A Periodicals mailing may not contain both ZIP+4 Classroom
pieces and any other automation rate Periodicals.
1.3 Marking
[Revise 1.3 to read as follows:]
Except for Periodicals (which require no markings), all pieces must
be marked (subject to M012) ``AUTO'' or ``AUTOCR'' for carrier route
rate) and, as appropriate, ``Presorted'' and ``First-Class'' if First-
Class Mail; ``Nonprofit Organization'' (or ``Nonprofit Org.'' or
``Nonprofit'') if Nonprofit or Nonprofit Enhanced Carrier Route
Standard Mail; or ``Bulk Rate'' (or ``Blk. Rt.'') if Regular or
Enhanced Carrier Route Standard Mail. Pieces not claimed at automation
rates must not be marked ``AUTO'' or ``AUTOCR'' unless single-piece
rate postage is affixed or a corrective single-piece rate marking is
applied under P100 or P600.
* * * * *
1.5 Carrier Route
[Amend 1.5 by replacing the reference ``E641'' with ``E640.'']
1.6 Scheme Sortation
[Amend 1.6 by adding the following sentence to the end of the section
to read as follows:]
* * * Scheme sortation is not available for ZIP+4 Classroom
Periodicals.
* * * * *
3.0 Preparation--Periodicals
3.1 Tray Preparation
[Amend 3.1 by revising 3.1b to read as follows:]
Tray size, preparation sequence, and labeling:
* * * * *
b. 3-digit/scheme (3-digit only for ZIP+4 Classroom Periodicals):
required (150-piece minimum except no minimum for required origin/
optional entry 3-digit(s)/scheme); overflow allowed; for Line 1, use
L002, Column B (except use L002, Column A, for ZIP+4 Classroom
Periodicals).
* * * * *
3.2 Line 2
[Revise 3.2 to read as follows:]
Line 2: PER or NEWS (as appropriate) LTRS BC (except LTRS UPGR for
ZIP+4 Classroom Periodicals) and:
a. For scheme trays: SCHEME (or as shown in L002, Column B).
b. For mixed AADC trays: WKG.
4.0 Documentation
[Amend 4.0 by replacing the reference ``M210'' with ``M200.'']
[Revise the heading of M820 to read as follows:]
M820 Flat-Size Mail
1.0 Basic Standards
1.1 Standards
[Amend 1.1 by revising the first sentence to read as follows:]
Flat-size automation rate First-Class Mail, Periodicals, and
Standard Mail (A) must be prepared under M820 and the eligibility
standards for the rate claimed.* * *
* * * * *
1.4 Marking
[Revise 1.4 to read as follows:]
Except for Periodicals (which require no markings), all pieces must
be marked (subject to M012) ``AUTO'' and, as appropriate, ``Presorted''
and ``First-Class'' if First-Class Mail; ``Nonprofit Organization'' (or
``Nonprofit Org.'' or ``Nonprofit'') if Nonprofit Standard Mail; or
``Bulk Rate'' (or ``Blk. Rt.'') if Regular Standard Mail. Pieces not
claimed at automation rates must not be marked ``AUTO'' unless single-
piece rate postage is affixed or a corrective single-piece rate marking
is applied under P100 or P600.
1.5 Exception--Standard Mail (A)
[Revise 1.5 to read as follows:]
When the size of the pieces in a Standard Mail (A) mailing job
enables them to qualify for Standard Mail automation rates as either
letters or flats, if part of the job is prepared as palletized flats at
automation rates for flats, the remainder may be prepared as palletized
flats at Enhanced Carrier Route nonletter rates and nonletter
nonautomation rates if the number of nonletter nonautomation rate
pieces does not exceed 10% of the total number of pieces in the entire
mailing job.
* * * * *
5.0 Documentation
[Amend 5.0 by replacing the reference ``M210'' with ``M200.'']
[Remove M890, M891, M892, M893, M894, M895, M896, M897, and M898.]
P Postage and Payment Methods
P000 Basic Information
P010 General Standards
P011 Payment
1.0 Prepayment and Postage Due
1.1 Prepayment Conditions
[Amend 1.1 by revising 1.1e to read as follows:]
The mailer is responsible for proper payment of postage. Postage on
all mail must be fully prepaid at the time of
[[Page 42486]]
mailing, except as specifically provided by standard for:
* * * * *
e. Keys and identification devices returned to owners (see E620).
* * * * *
P012 Documentation
* * * * *
[Revise the heading of 2.0 to read as follows:]
2.0 Standardized Documentation--First-Class Mail, Periodicals, and
Standard Mail (A)
2.1 Basic Standard
[Amend 2.1 by replacing in the first sentence the terms ``Regular
Periodicals'' with ``Periodicals'' and ``Regular and Enhanced Carrier
Route Standard Mail'' with ``Standard Mail (A)'' to read as follows:]
For First-Class Mail, Periodicals, and Standard Mail (A), subject
to the standards for the rate claimed, documentation must be produced
by software certified under the USPS Presort Accuracy Validation and
Evaluation (PAVE) or Manifest Analysis and Certification (MAC)
programs, appropriate for the accompanying class of mail and rate
claimed, or must be prepared to meet the criteria for standardized
documentation in this section.* * *
2.2 Format and Content
[Amend 2.2 by revising the introductory text to read as follows:]
For First-Class Mail, Periodicals, and Standard Mail (A),
standardized documentation includes:
* * * * *
2.5 Combined and Copalletized Mailings
[Amend 2.5 by revising the introductory text to read as follows:]
For combined or copalletized mailings of Periodicals and Standard
Mail (A) prepared under M045, the listing must show the following
additional information:
* * * * *
[Remove 3.0; redesignate 4.0 as 3.0.]
* * * * *
P013 Rate Application and Computation
* * * * *
4.0 Rate Application--Standard Mail (A)
* * * * *
4.3 Bulk Rates
[Revise 4.3 to read as follows:]
Bulk rates are based on the weight of the pieces and are applied
differently to pieces weighing less than or equal to a ``breakpoint''
(rounded to four decimal places) and those weighing more, as follows:
a. The appropriate minimum per piece rate applies to pieces
weighing 0.2066 pound (3.3062 ounces) or less (Enhanced Carrier Route
rates), 0.2068 pound (3.3087 ounces) or less (Regular rates), 0.2084
pound (3.3348 ounces) or less (Nonprofit Enhanced Carrier Route rates),
or 0.2088 pound (3.3407 ounces) or less (Nonprofit rates).
b. A rate determined by adding the appropriate fixed per piece
charge and the corresponding variable per pound charge (based on the
weight of the piece) applies to pieces weighing more than 0.2066 pound
(3.3062 ounces) (Enhanced Carrier Route rates), 0.2068 pound (3.3087
ounces) (Regular rates), 0.2084 pound (3.3348 ounces) (Nonprofit
Enhanced Carrier Route rates), or 0.2088 pound (3.3407 ounces)
(Nonprofit rates).
* * * * *
P014 Refunds and Exchanges
* * * * *
4.0 Refund Requests for Excess Postage--at Time of Mailing (``Value
Added Refunds'')
* * * * *
4.13 Standard Mail (A)
[Replace 4.13, 4.13a, 4.13b, and 4.13c with new 4.13 to read as
follows:]
If a value added refund request is submitted when a Standard Mail
(A) mailing is presented to the USPS, each piece must be letter-size,
weigh less than the applicable maximum weight for automation mail
prescribed in C810, be part of an automation rate mailing, and be
metered by the presenter or the presenter's customer at a 3/5
nonautomation rate or at any automation minimum per piece rate. Pieces
for each entry must be prepared as a separate mailing if the
destination entry rates are claimed.
* * * * *
P040 Permit Imprints
* * * * *
[Revise the heading of 2.0 to read as follows:]
2.0 Permit Imprint Preparation
* * * * *
2.5 References to Expedited Handling
[Amend 2.5 by revising 2.5a to read as follows:]
Except for postcard-size mail and imprints placed on address
labels, permit imprints on bulk rate Standard Mail (A) bearing
references to expedited handling or delivery (e.g., ``Priority,''
``Express,'' ``Overnight'') must:
a. Show the words ``Bulk Rate'' (``Blk. Rt.'') or ``Nonprofit
Organization'' (or ``Nonprofit Org.'' or ``Nonprofit'') more
prominently than other words in the imprint.
b. Include a clear space of at least 3/8 inch around the entire
permit imprint.
* * * * *
4.0 Formats
4.1 Basic Standard
[Amend the Nonprofit Standard Mail examples in Exhibit 4.1b by
replacing the endorsement ``Carrier Route Presort'' with ``AUTOCR.'']
* * * * *
P600 Standard Mail
* * * * *
3.0 Automation Rates
[Revise the heading of 3.1 to read as follows:]
3.1 Payment Methods
[Amend 3.1 by revising the first sentence to read as follows:]
Postage on any mailing made at an automation rate must be paid with
meter stamps, permit imprints, or precanceled postage, under applicable
standards. * * *
* * * * *
P710 Manifest Mailing System (MMS)
* * * * *
3.0 Keyline
* * * * *
3.3 Rate Category Abbreviations
[Revise 3.3 and Exhibit 3.3b to read as follows:]
Keylines on First-Class Mail or bulk Standard Mail (A) may use only
the rate category abbreviations in Exhibit 3.3a or Exhibit 3.3b,
respectively. All pieces that qualify for more than one postage rate
must show each rate category abbreviation, separated by a ``/'' (slash)
(e.g., EB/DS).
* * * * *
Exhibit 3.3b.--Rate Category Abbreviations--Standard Mail (A)
------------------------------------------------------------------------
Code Rate category
------------------------------------------------------------------------
AV............................. Automation 5-Digit [letters only].
AT............................. Automation 3-Digit [letters only].
AF............................. Automation 3/5 [flats only].
AB............................. Automation Basic.
RA............................. 3/5.
RB............................. Basic.
[[Page 42487]]
EA............................. Enhanced Carrier Route Automation Basic
[letters only].
EB............................. Enhanced Carrier Route Basic.
EH............................. Enhanced Carrier Route High Density.
ES............................. Enhanced Carrier Route Saturation.
DB............................. Destination Bulk Mail Center (DBMC).
DD............................. Destination Delivery Unit (DDU).
DS............................. Destination Sectional Center Facility
(DSCF).
SP............................. Single-Piece Rate [when fewer than 200
pieces accompany automation rate
mail].
------------------------------------------------------------------------
* * * * *
P760 First-Class or Standard Mail Mailings With Different Payment
Methods
* * * * *
2.0 Postage
* * * * *
2.2 Metered Pieces--Standard Mail (A)
[Revise 2.2 to read as follows:]
Metered pieces in a combined mailing must bear postage at a
nonautomation presort or automation rate for which the pieces are
eligible. Additional postage due for metered pieces in a combined
mailing is deducted from the mailer's postage due advance deposit
account. Full postage must be affixed to accompanying single-piece rate
mail.
* * * * *
2.4 Precanceled Pieces--Standard Mail (A)
[Revise 2.4 to read as follows:]
Pieces with precanceled stamps in a combined mailing must bear
postage in any denomination of precanceled stamp permitted in an
automation rate mailing. Nonprofit postage may appear only on pieces in
a Nonprofit rate mailing that are eligible for and claimed at a
Nonprofit rate. Additional postage due for precanceled stamp pieces in
a combined mailing is deducted from the mailer's postage due advance
deposit account. Full postage must be affixed to accompanying single-
piece rate mail.
* * * * *
R Rates and Fees
* * * * *
R200 Periodicals
* * * * *
[Revise 2.0, 3.0, and 4.0 to read as follows:]
2.0 Preferred--In-County
2.1 Pound Rates
Per pound or fraction:
------------------------------------------------------------------------
Zone Rate
------------------------------------------------------------------------
Delivery Unit.................................................. $0.112
All Others..................................................... 0.122
------------------------------------------------------------------------
2.2 Piece Rates
Per addressed piece:
------------------------------------------------------------------------
Automation \1\
------------------
Presort level Nonautomation Letter- Flat-
size size
------------------------------------------------------------------------
Basic................................. $0.081 $0.081 $0.081
3/5................................... ............. ........ 0.066
3-Digit............................... ............. 0.077 .......
5-Digit............................... ............. 0.064 .......
Carrier Route......................... 0.043 ........ .......
High Density.......................... 0.038 ........ .......
Saturation............................ 0.036 ........ .......
------------------------------------------------------------------------
\1\ Lower maximum weight limits apply: letter-size at 3 ounces (or
3.3407 ounces for heavy letters); flat-size at 16 ounces.
* * * * *
3.0 Preferred--Nonprofit
3.1 Pound Rates
Per pound or fraction:
a. For the nonadvertising portion: $0.138.
b. For the advertising portion:
------------------------------------------------------------------------
Zone Rate
------------------------------------------------------------------------
Delivery Unit.................................................. $0.169
SCF............................................................ 0.190
1 & 2.......................................................... 0.214
3.............................................................. 0.224
4.............................................................. 0.251
5.............................................................. 0.292
6.............................................................. 0.336
7.............................................................. 0.388
8.............................................................. 0.432
------------------------------------------------------------------------
3.2 Piece Rates
Per addressed piece:
------------------------------------------------------------------------
Automation \1\
------------------
Presort level Nonautomation Letter- Flat-
size size
------------------------------------------------------------------------
Basic................................. $0.216 $0.186 $0.192
3/5................................... 0.171 ........ 0.147
3-Digit............................... ............. 0.148 .......
5-Digit............................... ............. 0.148 .......
Carrier Route......................... 0.104 ........ .......
High Density.......................... 0.097 ........ .......
Saturation............................ 0.083 ........ .......
------------------------------------------------------------------------
\1\ Lower maximum weight limits apply: letter-size at 3 ounces (or
3.3407 ounces for heavy letters); flat-size at 16 ounces.
3.3 Discounts
Piece rate discounts:
* * * * *
b. Delivery unit zone piece discount for each addressed piece
claimed in the pound rate portion at the delivery unit zone rate:
$0.012.
c. SCF zone piece discount for each addressed piece claimed in the
pound rate portion at the SCF zone rate: $0.006.
4.0 Preferred--Classroom
4.1 Pound Rates
Per pound or fraction:
a. For the nonadvertising portion: $0.110.
b. For the advertising portion:
------------------------------------------------------------------------
Zone Rate
------------------------------------------------------------------------
Delivery Unit.................................................. $0.180
SCF............................................................ 0.191
1 & 2.......................................................... 0.212
3.............................................................. 0.223
4.............................................................. 0.250
5.............................................................. 0.292
6.............................................................. 0.335
7.............................................................. 0.388
8.............................................................. 0.432
------------------------------------------------------------------------
4.2 Piece Rates
Per addressed piece:
----------------------------------------------------------------------------------------------------------------
Barcoded \1\
Presort level Nonautomation ZIP+4 Letter- -------------------------------
size Letter-Size Flat-Size
----------------------------------------------------------------------------------------------------------------
Basic........................................... $0.169 $0.162 $0.152 $0.146
3/5............................................. 0.126 0.122 .............. 0.111
3-Digit......................................... .............. .............. 0.116 ..............
5-Digit......................................... .............. .............. 0.109 ..............
Carrier Route................................... 0.088 .............. .............. ..............
High Density.................................... 0.086 .............. .............. ..............
Saturation...................................... 0.081 .............. .............. ..............
----------------------------------------------------------------------------------------------------------------
\1\ Lower maximum weight limits apply: letter-size at 3 ounces (or 3.3407 ounces for heavy letters); flat-size
at 16 ounces.
[[Page 42488]]
* * * * *
[Revise the heading of 5.0 to read as follows:]
5.0 Preferred--Science-of-Agriculture
* * * * *
R600 Standard Mail
* * * * *
[Revise 5.0 to read as follows:]
5.0 Nonprofit
5.1 Letter-Size Minimum Per Piece Rates--Pieces 0.2088 lb. (3.3407
oz.) or Less
----------------------------------------------------------------------------------------------------------------
Nonautomation Automation \1\
Entry discount -----------------------------------------------------------
Basic 3/5 Basic 3-Digit 5-Digit
----------------------------------------------------------------------------------------------------------------
None................................................ $0.132 $0.114 $0.099 $0.095 $0.082
DBMC................................................ 0.119 0.101 0.086 0.082 0.069
DSCF................................................ 0.114 0.096 0.081 0.077 0.064
DDU
----------------------------------------------------------------------------------------------------------------
\1\ Pieces weighing over 3 ounces subject to additional standards.
5.2 Nonletter-Size Minimum Per Piece Rates--Pieces 0.2088 lb.
(3.3407 oz.) or Less
----------------------------------------------------------------------------------------------------------------
Nonautomation Automation \1\
Entry discount ---------------------------------------------------
Basic 3/5 Basic 3/5
----------------------------------------------------------------------------------------------------------------
None........................................................ $0.195 $0.149 $0.171 $0.125
DBMC........................................................ 0.182 0.136 0.158 0.112
DSCF........................................................ 0.177 0.131 0.153 0.107
DDU
----------------------------------------------------------------------------------------------------------------
\1\ Available only for automation-compatible flats.
5.3 Piece/Pound Rates--Pieces More Than 0.2088 lb. (3.3407 oz.)
----------------------------------------------------------------------------------------------------------------
Nonautomation Automation \2\
Piece/pound rate \1\ ---------------------------------------------------
Basic 3/5 Basic 3/5
----------------------------------------------------------------------------------------------------------------
Per Piece................................................... $0.100 $0.048 $0.076 $0.024
Per Pound (includes entry discount if applicable) Plus Plus Plus Plus
None.................................................... $0.455 $0.484 $0.455 $0.484
DBMC.................................................... 0.393 0.422 0.393 0.422
DSCF.................................................... 0.367 0.396 0.367 0.396
DDU
----------------------------------------------------------------------------------------------------------------
\1\ Each piece is subject to both a piece rate and a pound rate.
\2\ Available only for automation-compatible flats.
[Redesignate 6.0 through 11.0 as 7.0 through 12.0, respectively, with
no change to text; add new 6.0 to read as follows:]
6.0 Nonprofit Enhanced Carrier Route
6.1 Letter-Size Minimum Per Piece Rates--Pieces 0.2084 lb. (3.3348
oz.) or Less
----------------------------------------------------------------------------------------------------------------
Nonautomation Automation
---------------------------------------------\1\-----
Entry discount High
Basic density Saturation Basic
----------------------------------------------------------------------------------------------------------------
None...................................................... $0.087 $0.081 $0.075 $0.079
DBMC...................................................... 0.074 0.068 0.062 0.066
DSCF...................................................... 0.069 0.063 0.057 0.061
DDU....................................................... 0.063 0.057 0.051 0.055
----------------------------------------------------------------------------------------------------------------
\1\ Pieces weighing over 3 ounces subject to additional standards.
6.2 Nonletter-Size Minimum Per Piece Rates--Pieces 0.2084 lb.
(3.3348 oz.) or Less
----------------------------------------------------------------------------------------------------------------
Entry discount Basic High density Saturation
----------------------------------------------------------------------------------------------------------------
None...................................................... $0.107 $0.100 $0.094
DBMC...................................................... 0.094 0.087 0.081
DSCF...................................................... 0.089 0.082 0.076
DDU....................................................... 0.083 0.076 0.070
----------------------------------------------------------------------------------------------------------------
[[Page 42489]]
6.3 Piece/Pound Rates--Pieces More Than 0.2084 lb. (3.3348 oz.)
----------------------------------------------------------------------------------------------------------------
Piece/pound rate \1\ Basic High density Naturation
----------------------------------------------------------------------------------------------------------------
Per Piece................................................. $0.013 $0.006 $0.000
Per Pound (includes entry discount if applicable) Plus Plus Plus
None.................................................. $0.451 $0.451 $0.451
DBMC.................................................. 0.389 0.389 0.389
DSCF.................................................. 0.363 0.363 0.363
DDU 0.337 0.337 0.337
----------------------------------------------------------------------------------------------------------------
\1\ Each piece is subject to both a piece rate and a pound rate.
* * * * *
[Revise redesignated 10.0 to read as follows:]
10.0 Library Mail
----------------------------------------------------------------------------------------------------------------
Weight not over Weight not over
Weight not over (pounds) Single-piece (pounds) Single-piece (pounds) Single-piece
----------------------------------------------------------------------------------------------------------------
1........................... $1.12 24............. $7.32 47............. $12.38
2........................... 1.53 25............. 7.54 48............. 12.60
3........................... 1.94 26............. 7.76 49............. 12.82
4........................... 2.35 27............. 7.98 50............. 13.04
5........................... 2.76 28............. 8.20 51............. 13.26
6........................... 3.17 29............. 8.42 52............. 13.48
7........................... 3.58 30............. 8.64 53............. 13.70
8........................... 3.80 31............. 8.86 54............. 13.92
9........................... 4.02 32............. 9.08 55............. 14.14
10.......................... 4.24 33............. 9.30 56............. 14.36
11.......................... 4.46 34............. 9.52 57............. 14.58
12.......................... 4.68 35............. 9.74 58............. 14.80
13.......................... 4.90 36............. 9.96 59............. 15.02
14.......................... 5.12 37............. 10.18 60............. 15.24
15.......................... 5.34 38............. 10.40 61............. 15.46
16.......................... 5.56 39............. 10.62 62............. 15.68
17.......................... 5.78 40............. 10.84 63............. 15.90
18.......................... 6.00 41............. 11.06 64............. 16.12
19.......................... 6.22 42............. 11.28 65............. 16.34
20.......................... 6.44 43............. 11.50 66............. 16.56
21.......................... 6.66 44............. 11.72 67............. 16.78
22.......................... 6.88 45............. 11.94 68............. 17.00
23.......................... 7.10 46............. 12.16 69............. 17.22
............... ............... ............... 70............. 17.44
----------------------------------------------------------------------------------------------------------------
* * * * *
Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. 96-20816 Filed 8-12-96; 1:21 pm]
BILLING CODE 7710-12-P
Complete official Federal Register PDF
FR Doc. 96-20804 Electronic Filing of Reports by Political Committees
[Federal Register Volume 61, Number 159 (Thursday, August 15, 1996)]
[Rules and Regulations]
[Pages 42371-42376]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20804]
=======================================================================
-----------------------------------------------------------------------
FEDERAL ELECTION COMMISSION
11 CFR Part 104
[Notice 1996-16]
Electronic Filing of Reports by Political Committees
AGENCY: Federal Election Commission.
ACTION: Final rules; transmittal of regulations to Congress.
-----------------------------------------------------------------------0
SUMMARY: The Federal Election Commission is implementing an electronic
filing system for reports of campaign finance activity filed with the
agency. The Commission is publishing new rules today as part of the
process of implementing this system. The new rules establish general
requirements for
[[Page 42372]]
filing reports electronically; specify the format for data to be
submitted by filers; set up procedures for submitting amendments to
reports; and explain methods of complying with the signature
requirements of the law. Further information is provided in the
supplementary information that follows.
EFFECTIVE DATE: Further action, including the announcement of an
effective date, will be taken after these regulations have been before
Congress for 30 legislative days pursuant to 2 U.S.C. 438(d). A
document announcing the effective date will be published in the Federal
Register.
FOR FURTHER INFORMATION CONTACT: Ms. Susan E. Propper, Assistant
General Counsel, or Paul Sanford, Staff Attorney, 999 E Street, NW.,
Washington, DC 20463, (202) 219-3690 or (800) 424-9530.
SUPPLEMENTARY INFORMATION: The Commission is today publishing the final
text of new regulations to be added to 11 CFR Part 104 regarding the
electronic filing of reports by political committees. These rules
implement provisions of Public Law 104-79, which amended the Federal
Election Campaign Act of 1971, 2 U.S.C. 431 et seq. [``the Act''], to
require, inter alia, that the Commission create a system to ``permit
reports required by this Act to be filed and preserved by means of
computer disk or any other electronic format or method, as determined
by the Commission.'' Federal Election Campaign Act of 1971, Amendment,
Pub. L. No. 104-79, section 1(a), 109 Stat. 791 (December 28, 1995).
The final rules announced today set out the requirements and procedures
for filing reports electronically.
The electronic filing system is intended to reduce paper filing and
manual processing of reports, resulting in more efficient and cost-
effective methods of operation for filers and for the Commission. The
system will also provide the public with more complete on-line access
to reports on file with the Commission, thereby furthering the
disclosure purposes of the Act. Public Law 104-79 requires the
Commission to make this filing method available for reports covering
periods after December 31, 1996. Thus, the new system will be in place
for the first reports filed in the 1998 election cycle.
Public Law 104-79 requires the Commission to make the electronic
filing option available for all ``report[s], designation[s], or
statement[s] required by this Act to be filed with the Commission.''
Previously, this would not have included reports filed by the
authorized committees of candidates for the House of Representatives,
as these committees filed their reports with the Clerk of the House.
However, section 3 of Public Law 104-79 amended 2 U.S.C. 432(g) to
require the authorized committees of House candidates to file their
reports with the Commission. Consequently, these committees, as well as
those that have historically filed with the Commission, will have the
opportunity to file electronically under the new system. Committees
that are required to file reports with the Secretary of the Senate will
not be covered by the new rules.
While the Commission encourages political committees and other
persons to file their reports electronically, doing so is not required.
Under Public Law 104-79, participation in the Commission's electronic
filing program is voluntary. Therefore, filers have the option of
continuing to submit paper reports as they have in the past.
Section 438(d) of Title 2, United States Code requires that any
rules or regulations prescribed by the Commission to carry out the
provisions of Title 2 of the United States Code be transmitted to the
Speaker of the House of Representatives and the President of the Senate
30 legislative days before they are finally promulgated. These
regulations were transmitted to Congress on August 9, 1996.
Explanation and Justification for 11 CFR 104.18
The Commission initiated this rulemaking with a Notice of Proposed
Rulemaking [``NPRM''] published in the Federal Register on March 27,
1996. 61 FR 13465 (March 27, 1996). The NPRM contained proposed rules
covering general filing requirements, the format for electronic
reports, report validation procedures, amendments to electronically
filed reports, signature requirements, and the preservation of reports
filed electronically. The NPRM sought comments on the proposed rules
and on other issues from various segments of the regulated community,
including (1) committees that will be affected by the new rules; (2)
vendors with knowledge of the software issues involved in implementing
such a system; and (3) state and local jurisdictions that have
experience with electronic filing. The Commission received ten comments
in response to the NPRM. Several commenters offered general
observations about the features that an electronic filing system should
include. Other commenters offered specific comments on the proposed
rules set out in the notice. The Internal Revenue Service submitted a
comment in which it said that the proposed rules are not inconsistent
with IRS regulations or the Internal Revenue Code. The comments
received provided valuable information that serves as the basis for the
final rules published today.
General Comments About System Features
Some commenters offered general comments about the features that
should be incorporated into the electronic filing system. One commenter
urged the Commission to make the software for the system as user
friendly as possible, in order to make filing FEC reports easier, and
also urged the Commission to make the software available free of charge
through its World Wide Web site. This commenter said that filers should
be required to include the FEC identification number of the candidates
and PACs listed on their reports in order to ensure accurate
incorporation of the reports into the Commission's data base, and
suggested that pop-up menus could be incorporated into the software
that would allow filers to select this and other information from a
master list.
Similarly, this commenter along with one other commenter, urged the
Commission to establish a standardized list of codes for reported
disbursements. This proposal was set out in the narrative portion of
the NPRM. However, the commenter said filers should be able to include
a written elaboration. This commenter also said that any software made
available by the Commission should not include any campaign management
features, since these features would suggest assistance to candidates
and would present practical problems.
Another commenter said that encryption capabilities should be
incorporated into the electronic filing software, since this would
serve the dual purposes of compressing files and providing security in
the reporting.
The Commission shares the commenter's view that the electronic
filing system must be as easy to use as possible, and intends to make
any software that it creates available free of charge through the
Internet and other electronic means. Initially, this will be limited to
the validation software that filers will use to validate their reports
before submitting them to the Commission on diskette. Additional
software, such as encryption software, will be made available after
initial implementation, as the Commission moves towards filing by
telecommunications. The Commission will also make a list of the
identification numbers of all registered candidates and committees
available on the Internet for committees to download and
[[Page 42373]]
incorporate into their reports. Committees can access this list through
the Commission's home page at www.fec.gov.
General Rule
Paragraph (a) of the proposed rules set out the general rule that
political committees who file reports with the Commission may choose to
file their reports in an electronic format that meets the requirements
of the section. Paragraph (a) also states that committees that choose
to file electronically and whose reports satisfy the validation program
described in paragraph (c), below, must continue to file electronically
all reports covering financial activity for that calendar year. The
Commission sought comment on whether the rules should distinguish
between committees that begin filing electronically but later encounter
problems and are unable to do so from those who simply decide to
discontinue filing electronic reports.
The Commission received no comments on the general rule or on the
one year continuation requirement. Generally, the final rule tracks the
proposed rule. Requiring committees that begin to file reports
electronically to continue to do so for the rest of the year will
enable the Commission to more efficiently process the committee's
reports and place them on the public record. However, the rule now
contains an exception that waives this requirement if the Commission
determines that extraordinary and unforeseeable circumstances have made
it impracticable for the committee to continue filing electronically.
In order to obtain a waiver, a committee must submit a written request
to the Commission's Data Systems Development Division explaining the
circumstances that make continued electronic filing impracticable. The
Data Division will review these requests and make a determination as to
whether the committee may revert to paper filing. Generally, waivers
will only be granted if circumstances such as destruction of the
committee's computer equipment make continued electronic filing
technologically impossible. Committees that revert to paper filing will
be required to report on paper for the remainder of the calendar year.
Standard format
Under paragraph (b) of the proposed rules, reports filed
electronically must conform to the technical specifications, including
file requirements, described in the Commission's Electronic Filing
Specification Requirements [``EFSR''], and must be organized in the
order specified in those requirements. The narrative portion of the
NPRM indicated that the Commission would develop these requirements in
a parallel process to the Electronic Filing rulemaking, and would make
the requirements available to the public during the development
process. The notice invited interested persons to comment on the
requirements as they were being developed.
The draft electronic filing specification requirements were made
available for comment on May 31, 1996. Several comments were submitted
on the draft requirements. The Commission expects to issue a final
version of the EFSR during mid-August, 1996.
A few commenters addressed the issue of standardized format
specifications in their comments on the NPRM. Two commenters expressed
support for the Commission's plans to develop a standard format. One of
these commenters suggested that the Commission use the same field
structures and lengths as those in the Computerized Magnetic Media
Requirements [``CMMR''] currently used by publicly financed
presidential campaigns. The other commenter said the need to develop a
standard format for electronically filed reports was obvious, but said
that the format should not be so technical that users are unable to
generate properly formatted reports themselves.
The format required for electronically filed reports will be
relatively simple, and users should be able to easily generate properly
formatted reports using the EFSR documentation. The Commission has used
the CMMR as a model for the EFSR, and incorporated similar field
structures and lengths where appropriate. However, the EFSR will differ
in many significant respects, because the CMMR was designed to
facilitate the matching fund submission process for presidential
primary candidates, whereas the EFSR must serve the broader purposes of
reporting under Part 104 of the regulations. Thus, while the EFSR will
share some of the characteristics of the CMMR, the EFSR will include
specifications for the full range of activities that are reportable
under section 434 of the Act and Part 104 of the regulations.
In contrast to the two comments described above, a third commenter
suggested an entirely different approach for filing reports
electronically. This commenter said that filers should simply scan the
Commission's forms into their databases, complete the forms, and submit
them to the Commission by electronic mail. Or, as an alternative to
scanning, the Commission should make the forms available on a diskette
for $25.
Accepting scanned forms as electronically filed reports would
complicate the electronic filing process, because scanned forms would
be more difficult to directly integrate into the Commission's
disclosure data base. Direct integration will be achieved most
efficiently if reports are made up of a series of fields of ASCII
characters. Scanned forms are digitized images, rather than fields of
ASCII characters. Since direct integration is one of the main goals of
electronic filing, the Commission has decided not to accept scanned
images as electronically filed reports.
Acceptance of Reports Filed Electronically
1. Validation checks. Under paragraph (c) of the proposed rules,
committees submitting reports electronically would be required to check
each report against the Commission's validation software before it is
submitted, to ensure that it meets the standard format specification
requirements. Paragraph (c)(1) also indicated that electronically filed
reports would be checked again when they are received by the
Commission. The Commission would not accept reports that do not pass
the validation program, and would notify a committee if its reports are
rejected.
One commenter suggested that, instead of supplying validation
software, the Commission certify a commercial disclosure software
package. This, the commenter said, would allow filers to bypass the
process of validating each submission.
The Commission is unable to adopt this commenter's suggestion. The
validation software will ensure that electronic reports submitted to
the Commission conform to the electronic filing specification
requirements and can be integrated into the Commission's disclosure
data base. The Commission is making the validation software available
to committees so that reports can be checked before they are submitted.
This will allow filers to remedy filing problems before sending their
reports to the Commission. Although commercial software packages may
become available that will perform this function, the Commission is
reluctant to treat any of these packages as a substitute for the
validation software, because doing so would require ongoing oversight
of these software packages to ensure continued compliance with the
EFSR. The Commission is unwilling and unable to perform this oversight.
Therefore, the Commission will not
[[Page 42374]]
recognize commercial software as a substitute for the validation
process.
Another commenter suggested that the Commission develop what the
commenter described as ``pre-auditing'' software that would
automatically review reports before they are submitted in order to
ensure that the reports are complete and correct to the greatest extent
possible. The commenter said that this software should check for math
errors, look for inconsistencies between the summary page and the
detailed reporting pages, and notify the filer if mandatory fields have
been left blank, contributions have been listed that exceed the
applicable limits, or data has been included that is outside the
reporting period range.
The validation software filers will be required to use in 1997 will
perform some of these functions. Specifically, this software will
ensure that all required information is included in the report, and
will also examine the report for inconsistencies between the summary
pages and detailed reporting pages. The Commission's current plans are
to incorporate other pre-auditing functions, such as checking for math
errors, etc., into the more sophisticated validation software that will
be made available for the next phase of the program in 1998. This may
further increase the accuracy of electronically filed reports as the
Commission moves towards submission by telecommunications and direct
integration into the disclosure data base.
2. Methods of transmission. The narrative portion of the NPRM
explained that the Commission initially intends to accept reports only
on floppy disk. However, the Commission will begin accepting reports
submitted through telecommunications as soon as practicable. One
commenter urged the Commission to begin accepting reports submitted by
electronic mail right away. However, another commenter said that there
are space limitations on electronic mail that preclude it from serving
this purpose, and that it is not reliable enough to serve as a filing
medium.
The Commission continues to believe that a gradual implementation
of the electronic filing program will minimize the transitional
difficulties and will be more likely to lead to a viable electronic
filing system. Accepting reports by electronic mail would raise
security issues that the Commission would rather address during the
second phase of the electronic filing program. Therefore, the
Commission has decided to adhere to its plan to initially accept
electronic reports only on floppy disk. The Commission will move toward
accepting reports through telecommunications as soon as possible.
Amended Reports
Paragraph (d) of the proposed rules would require that amendments
to electronically filed reports be filed electronically. This provision
would also require that amendments consist of a complete version of the
report as amended, rather than just those portions of the report that
have been revised. In the narrative portion of the NPRM, the Commission
recognized that requiring submission of a complete version of the
amended report has one drawback in that the complete version will not
immediately indicate which aspects of the earlier report had changed.
Thus, persons reviewing the report will have difficulty identifying new
information. The Commission specifically sought comment on whether
another approach would be preferable.
All three commenters that addressed this issue supported the
approach set out in the proposed rule. One commenter suggested that the
Commission require filers to flag revised information in the amended
report so that persons reviewing the report will be able to readily
determine which portions have been changed. Another commenter said that
information that has been amended should be highlighted in the
Commission's data base. This would be achieved by replacing the amended
field in the original report with the identification number of the
amended report containing the superseding information. This commenter
also suggested that the Commission produce a cumulative electronic list
of amended items.
The final rule tracks the proposed rule in that it requires filers
to submit a complete version of the report as amended, rather than just
those portions of the report that are being amended. However, the final
rule also adopts the commenter's suggestion in that it requires filers
to include electronic flags or markings in their amended reports that
point to the portions of the report that are being amended. These flags
will be incorporated into the Commission's disclosure process so that
persons reviewing the committee's reports will know which portions have
been revised.
Signature Requirements
1. Committee signatures. Paragraph (e) of the proposed rules would
require the committee treasurer or other person responsible for filing
the committee's report to verify the report either by submitting a
signed paper certification with the computerized magnetic media, or by
submitting a digitized copy of the signed certification as a separate
file in the electronic submission. This provision would also require
the person signing the report to certify that, to the best of the
signatory's knowledge, the report is true, correct and complete. These
verifications would be treated the same as verification by signature on
a paper report. When the Commission begins to accept reports by
telecommunications, it may provide other methods for verification, such
as providing an encryption key to the committee treasurer or allowing
simultaneous mailing of the signature page. The Commission sought
comment on these proposals, and invited commenters to suggest other
ways for complying with the signature requirement.
One commenter said the Commission should be responsible for
comparing electronically submitted signatures with signatures already
on file. If the signatures look correct, they should be treated as
valid, with the burden of proving otherwise on the person alleging the
signature is not genuine.
Comments submitted by the New York City Campaign Finance Board
indicate that the Board requires candidates who file on disk to submit
a paper control page that lists the schedule totals, file creation
dates, and contains the committee treasurer's original signature. Under
the system used by New York City, these pages cannot be created until
all report data has been entered and submission disks have been
created.
As explained above, the Commission's validation program will ensure
that electronically filed reports contain all of the necessary
information. However, Congress has specifically directed the Commission
to ``provide for one or more methods (other than requiring a signature
on the report being filed) for verifying reports filed by means of
computer disk or other electronic format or method.'' 2 U.S.C.
434(a)(11)(B), as added by Pub. L. No. 104-79, section 1(a), 109 Stat.
791 (1995). Thus, the Commission is unable to require submission of a
signature page. For these reasons, the Commission has structured this
program so that filers will include all of the required information
within the electronic data submitted. With a few exceptions, no paper
submissions will be required. The exceptions will be explained further
below.
With regard to encryption, another commenter expressed the view
that implementing a program such as ``PGP'' or ``Pretty Good Privacy''
to provide a digital signature would be nearly impossible because of
the
[[Page 42375]]
administrative difficulties of issuing and receiving the necessary
keys. This commenter suggested that it would be better to achieve
security by issuing a PIN-like password to each filer by regular mail.
This commenter also recommended implementation of a cross-checking
program under which each filer would submit a signed paper summary page
for each report. The amounts listed on the summary page could then be
compared to the more detailed portions of the electronically submitted
reports to provide an additional level of security and assurance.
The Commission's validation software will compare a report's
summary page with its detailed summary page to ensure that they are
consistent, thereby providing an additional level of security. However,
the Commission has not addressed the encryption issue in this set of
final rules. The Commission expects to incorporate a more sophisticated
security system into the electronic filing program when it moves closer
to accepting reports through telecommunications.
2. Signatures of third parties. The NPRM also noted that certain
forms and schedules required by the Act and regulations must be
submitted with the signatures of third parties. For example, Schedule E
and Form 5, which are used to report independent expenditures, must be
notarized. Paragraph (f) of the proposed rules contains a list of the
schedules, materials and forms that have special signature
requirements. Under this provision, electronic filers that are required
to submit these items could do so by submitting a paper copy of the
item with their electronic report, or by including a digitized version
of the item as a separate file in the electronic submission. This would
be in addition to the general requirement that the data contained on
the form or schedule be included in the electronic report. The
Commission received no comments on this requirement.
The final rule tracks the proposed rule. Filers have the option of
submitting paper copies or a digitized image as part of their
electronic report.
Preservation of Reports
Section 104.14(b)(2) of the Commission's current regulations
requires committee treasurers to retain copies of all reports or
statements submitted for a period of three years after they are filed.
Paragraph (g) of the proposed rules would require committee treasurers
to retain machine readable copies of all reports filed electronically
as the copy preserved under this section. Paragraph (g) would also
require a treasurer to retain the original signed version of any
documents submitted in a digitized format under paragraphs (e) or (f),
as explained above.
One commenter argued that PACs should be permitted to retain files
exclusively on diskette, and said that keeping a hard copy is redundant
and self-defeating.
A file of a report retained on a diskette would be considered a
machine readable copy of that report under the final rules. Thus, a
committee could retain its reports almost exclusively on diskette.
However, if a committee submits a digitized image of the signature page
of a report, schedule or other document to the Commission, in lieu of
submitting the signed paper original, the committee must retain the
signed original signature page for three years after the report is
filed. Thus, in certain situations, committees will be required to
maintain paper copies of portions of some reports.
Additional Issues
The Notice of Proposed Rulemaking sought additional information and
comment from the regulated community on other subjects related to the
electronic filing program. Specifically, the NPRM invited commenters to
describe their current computer capabilities and indicate what kind of
records they are currently maintaining electronically. The NPRM also
asked commenters to indicate whether they intend to file their reports
electronically, and to describe how they expect to benefit from the
electronic filing program. Commenters were also asked to describe the
technical and procedural problems they perceive with the system, and
provide suggestions on how these problems might be averted.
Several commenters addressed these issues. Two commenters indicated
they have PC-based systems and use software such as Microsoft Office,
Microsoft Excel, WordPerfect, and Lotus 123. These commenters intend to
file their reports electronically once the program has been
implemented. In contrast, one software vendor said that the program
would not save its clients any time or money. Thus, they would not
benefit from participating in the program.
The two commenters who intend to participate in the program said
they expect it to make the filing process more efficient by reducing
the duplication of efforts in keeping records and submitting reports to
the Commission. They hope the program will save staff time and reduce
the anxiety of timely filing.
With regard to potential problems, one of these commenters
expressed concern that the continued requirement that forms be
submitted to state offices would dilute the benefits of the electronic
filing system. See 2 U.S.C. 439, 11 CFR Part 108. This commenter also
cited the delay in the availability of electronic filing as a source of
frustration. Another commenter expressed concern about whether its
current equipment would be compatible with the system, and whether the
committee would incur significant setup costs in preparing for
electronic filing. This commenter also asked whether technical support
will be readily available.
Section 2 of Public Law 104-79 waives the duplicate filing
requirements in states that have a system for electronically accessing
and duplicating reports filed with the Commission. The Commission
expects that, in the future, states will make such a system available.
Over time, this will reduce the need for filers to generate paper
reports to send to their state filing offices. However, as with the
requirement for the preservation of reports, section 439 is
nondiscretionary for states that do not have an electronic access and
duplication system. Therefore, filers in those states will be required
to continue generating paper reports and submitting them to their state
filing offices.
The electronic filing system that the Commission will implement at
the beginning of 1997 should cause very few compatibility problems.
Files that have been created or are readable by an operating system
compatible with Microsoft DOS 2.1 or higher, including Microsoft
Windows, may be submitted under the new system. The Commission does not
expect those who wish to file electronically to incur significant setup
expenses. Validation software will be available, and the Commission
will provide this software free of charge.
As with any computer implementation effort, technical glitches may
occur. However, the Commission is committed to establishing a viable
electronic filing system, and will provide whatever technical support
filing committees need to make the program a success.
Certification of No Effect Pursuant to 5 U.S.C. 605(b) (Regulatory
Flexibility Act)
I certify that the attached final rules, if promulgated, will not
have a significant economic impact on a substantial number of small
entities. The basis of this certification is that no small entities are
required to submit
[[Page 42376]]
reports electronically under the final rules.
List of Subjects in 11 CFR Part 104
Campaign funds, Political committees and parties, Reporting and
recordkeeping requirements.
For the reasons set out in the preamble, subchapter A, chapter I of
title 11 of the Code of Federal Regulations is amended as follows:
PART 104--REPORTS BY POLITICAL COMMITTEES
1. The authority citation for part 104 continues to read as
follows:
Authority: 2 U.S.C. 431(1), 431(8), 431(9), 432(i), 434, 438(a),
438(b), 439a.
Sec. 104.17 [Reserved]
2. Section 104.17 is added and reserved.
3. Section 104.18 is added, to read as follows:
Sec. 104.18 Electronic filing of reports (2 U.S.C. 432(d) and
434(a)(11)).
(a) General. A political committee that files reports with the
Commission, as provided in 11 CFR part 105, may choose to file its
reports in an electronic format that meets the requirements of this
section. If a committee chooses to file its reports electronically, and
its first electronic report passes the Commission's validation program
in accordance with paragraph (c) of this section, it must continue to
file in an electronic format all reports covering financial activity
for that calendar year, unless the Commission determines that
extraordinary and unforeseeable circumstances have made it
impracticable for the committee to continue filing electronically.
(b) Format specifications. Reports filed electronically shall
conform to the technical specifications described in the Federal
Election Commission's Electronic Filing Specifications Requirements.
The data contained in the computerized magnetic media provided to the
Commission shall be organized in the order specified by the Electronic
Filing Specifications Requirements.
(c) Acceptance of reports filed in electronic format. (1) Each
committee that submits an electronic report shall check the report
against the Commission's validation program before it is submitted, to
ensure that the files submitted meet the Commission's format
specifications and can be read by the Commission's computer system.
Each report submitted in an electronic format under this section shall
also be checked upon receipt against the Commission's validation
program. The Commission's validation program is available on request
and at no charge.
(2) A report that does not pass the validation program will not be
accepted by the Commission and will not be considered filed. If a
committee submits a report that does not pass the validation program,
the Commission will notify the committee that the report has not been
accepted.
(d) Amended reports. If a committee files an amendment to a report
that was filed electronically, it shall also submit the amendment in an
electronic format. The committee shall submit a complete version of the
report as amended, rather than just those portions of the report that
are being amended. In addition, the amended report shall contain
electronic flags or markings that point to the portions of the report
that are being amended.
(e) Signature requirements. The committee's treasurer, or any other
person having the responsibility to file a designation, report or
statement under this subchapter, shall verify the report in one of the
following ways: by submitting a signed certification on paper that is
submitted with the computerized media; or by submitting a digitized
copy of the signed certification as a separate file in the electronic
submission. Each verification submitted under this section shall
certify that the person has examined the report or statement and, to
the best of the signatory's knowledge and belief, it is true, correct
and complete. Any verification under this section shall be treated for
all purposes (including penalties for perjury) in the same manner as a
verification by signature on a report submitted in a paper format.
(f) Schedules and forms with special requirements. The following
list of schedules, materials, and forms have special signature and
other requirements and reports containing these documents shall
include, in addition to providing the required data within the
electronic report, either a paper copy submitted with the committee's
electronic report or a digitized version submitted as a separate file
in the electronic submission: Schedule C-1 (Loans and Lines of Credit
From Lending Institutions), including copies of loan agreements
required to be filed with that Schedule, Schedule E (Itemized
Independent Expenditures), Form 5 (Report of Independent Expenditures
Made and Contributions Received), and Form 8 (Debt Settlement Plan).
The committee shall submit any paper materials together with the
electronic media containing the committee's report.
(g) Preservation of reports. For any report filed in electronic
format under this section, the treasurer shall retain a machine-
readable copy of the report as the copy preserved under 11 CFR
104.14(b)(2). In addition, the treasurer shall retain the original
signed version of any documents submitted in a digitized format under
paragraphs (e) and (f) of this section.
Dated: August 9, 1996.
John Warren McGarry,
Vice Chairman, Federal Election Commission.
[FR Doc. 96-20804 Filed 8-14-96; 8:45 am]
BILLING CODE 6715-01-P
Complete official Federal Register PDF
FR Doc. 96-20785 Representative Payment
[Federal Register Volume 61, Number 159 (Thursday, August 15, 1996)]
[Rules and Regulations]
[Pages 42377-42378]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20785]
=======================================================================
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RAILROAD RETIREMENT BOARD
20 CFR Part 348
RIN 3220-AB14
Representative Payment
AGENCY: Railroad Retirement Board.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Railroad Retirement Board (Board) amends its regulations
in order to provide guidelines regarding the selection, payment,
responsibilities, and monitoring of representative payees under the
Railroad Unemployment Insurance Act. This amendment is being made to
improve the administration of the Board's representative payee program.
EFFECTIVE DATE: August 15, 1996.
ADDRESSES: Secretary to the Board, Railroad Retirement Board, 844 Rush
Street, Chicago, Illinois 60611.
FOR FURTHER INFORMATION CONTACT: Thomas W. Sadler, Assistant General
Counsel, Railroad Retirement Board, 844 Rush Street, Chicago, Illinois
60611, (312) 751-4513; TDD (312) 751-4701.
SUPPLEMENTARY INFORMATION: The Railroad Unemployment Insurance Act (45
U.S.C. 351-368) provides a system of unemployment and sickness benefits
for railroad employees who meet certain eligibility requirements under
that Act. On rare occasions, a claimant is incompetent to file for or
receive benefits under the Act without the assistance of a
representative payee. Under such circumstances, section 12(a) of the
Railroad Retirement Act expressly authorizes the Board to make
payments, or conduct transactions, directly with the claimant, with a
legally appointed guardian of the claimant, or with any other person on
the claimant's behalf, even though the claimant is an incompetent for
whom a guardian is acting. The provisions of section 12(a) are
applicable to benefits claimed or paid under any Act administered in
whole or in part by the Board, including the Railroad Unemployment
Insurance Act.
There has been growing concern in the Congress to assure that
surrogate decision-making services, including representative-payee
services, are provided in a uniform, high quality manner which
maximizes the potential of every individual for self-reliance and
independence.
The Board is currently in the process of a comprehensive program to
review and revise its regulations. Part 348 is added at this time to
address concerns that adequate safeguards be provided where payment of
a benefit under the Railroad Unemployment Insurance Act is made to a
representative payee rather than directly to the claimant. Part 348
incorporates the extensive regulations found in part 266 of this
chapter dealing with appointment of a representative payee under the
Railroad Retirement Act.
The Board previously published part 348 as a proposed rule inviting
comment by June 10, 1996 (61 FR 16067). No comments were received. The
Board has, in coordination with the Office of Management and Budget,
determined that this is not a significant regulatory action for
purposes of Executive Order 12866; therefore, no regulatory impact
analysis is required. Information collection has been approved by the
Office of Management and Budget under control numbers 3220-0052 and
3220-0151.
List of Subjects in 20 CFR Part 348
Railroad employees, Railroad unemployment insurance, Reporting and
recordkeeping requirements.
For the reasons set out in the preamble, the Board hereby adds a
new Part 348 to title 20 of the Code of Federal Regulations as follows:
PART 348--REPRESENTATIVE PAYMENT
Sec.
348.1 Introduction.
348.2 Recognition by the Board of a person to act in behalf of
another.
Authority: 45 U.S.C. 355, 45 U.S.C. 231k.
Sec. 348.1 Introduction.
(a) Explanation of representative payment. This part explains the
principles and procedures that the Board follows in determining whether
to make representative payment and in selecting a representative payee.
It also explains the responsibilities that a representative payee has
concerning the use of the funds which he or she receives on behalf of a
claimant. A representative payee may be either a person or an
organization selected by the Board to receive benefits on behalf of a
claimant. A representative payee will be selected if the Board believes
that the interest of a claimant will be served by representative
payment rather than direct payment of benefits. Generally, the Board
will appoint a representative payee if it determines that the claimant
is not able to manage or direct the management of benefit payments in
his or her interest.
(b) Statutory authority. Section 12 of the Railroad Retirement Act,
which is also applicable to the Railroad Unemployment Insurance Act,
provides that every claimant shall be conclusively presumed to have
been competent until the date on which the Board receives a notice in
writing that a legal guardian or other person legally vested with the
care of the person or estate of an incompetent or a minor has been
appointed: Provided, however,
[[Page 42378]]
That despite receiving such notice, the Board may, if it finds the
interests of such claimant to be served thereby, recognize actions by,
conduct transactions with, and make payments to such claimant.
(c) Policy used to determine whether to make representative
payment. (1) The Board's policy is that every claimant has the right to
manage his or her own benefits. However, due to mental or physical
condition some claimants may be unable to do so. If the Board
determines that the interests of a claimant would be better served if
benefit payments were certified to another person as representative
payee, the Board will appoint a representative payee in accordance with
the procedures set forth in this part. The Board may appoint a
representative payee even if the claimant is a legally competent
individual. If the claimant is a legally incompetent individual, the
Board may appoint the legal guardian or some other person as a
representative payee.
(2) If payment is being made directly to a claimant and a question
arises concerning his or her ability to manage or direct the management
of benefit payments, the Board may, if the claimant has not been
adjudged legally incompetent, continue to pay the claimant until the
Board makes a determination about his or her ability to manage or
direct the management of benefit payments and the selection of a
representative payee.
Sec. 348.2 Recognition by the Board of a person to act in behalf of
another.
The provisions of part 266 of this chapter shall be applicable to
the appointment of a representative payee under this part to the same
extent and in the same manner as they are applicable to the appointment
of a representative payee under the Railroad Retirement Act.
Dated: August 6, 1996.
By Authority of the Board.
For the Board.
Beatrice Ezerski,
Secretary to the Board.
[FR Doc. 96-20785 Filed 8-14-96; 8:45 am]
BILLING CODE 7905-01-P
Complete official Federal Register PDF
FR Doc. 96-20780 Revision to NASA FAR Supplement Coverage on Acquisition of Japanese Products and Services
[Federal Register Volume 61, Number 159 (Thursday, August 15, 1996)]
[Rules and Regulations]
[Pages 42394-42395]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20780]
=======================================================================
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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Part 1825
Revision to NASA FAR Supplement Coverage on Acquisition of
Japanese Products and Services
AGENCY: Office of Procurement, Contract Management Division, National
Aeronautics and Space Administration (NASA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule revises the NASA FAR Supplement regarding
acquisitions by NASA when Japanese products or
[[Page 42395]]
services are offered. In negotiations with Japan, the U.S. Trade
Representative has removed NASA from the list of agencies required to
acquire Japanese products and services on a non-discriminatory basis.
Previously, NASA had excluded Japan as a designated country for
purposes of the Trade Agreements Act, but this action was more
restrictive than was required by the U.S. Trade Representative.
Therefore, NASA is revising its policy to apply the Buy American
Act and the Balance of Payments Program to the purchase of Japanese
products and services in all acquisitions, regardless of dollar value.
EFFECTIVE DATE: This rule is effective August 15, 1996.
ADDRESSES: Office of Procurement, Contract Management Division (Code
HK), NASA Headquarters, 300 E Street, SW., Washington, DC 20546.
FOR FURTHER INFORMATION CONTACT:
Mr. Christopher T. Jedrey, (202) 358-0483.
SUPPLEMENTARY INFORMATION:
Regulatory Flexibility Act
NASA certifies that this final rule will not have a significant
economic impact on a substantial number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). This final rule does
not impose any reporting or record keeping requirements subject to the
Paperwork Reduction Act.
List of Subjects in 48 CFR Part 1825
Government procurement.
Tom Luedtke,
Deputy Associate Administrator for Procurement.
Accordingly, 48 CFR Part 1825 is amended as follows:
1. The authority citation for 48 CFR part 1825 continues to read as
follows:
Authority: 42 U.S.C. 2473(c)(1).
PART 1825--FOREIGN ACQUISITION
2. Section 1825.400 is added to read as follows:
Sec. 1825.400 Scope of subpart.
For acquisition of Japanese end products or services, NASA is not a
covered agency. Thus, the Buy American Act and the Balance of Payments
Program apply to all NASA acquisitions where Japanese end products or
services may be offered, regardless of dollar amount. The Trade
Agreements Act and waiver requirement in FAR 25.402(c) do not apply.
Sec. 1825.401 [Removed]
3. Section 1825.401 is removed.
[FR Doc. 96-20780 Filed 8-14-96; 8:45 am]
BILLING CODE 7510-01-M
Complete official Federal Register PDF
FR Doc. 96-20764 Medicare Program; Revisions to Payment Policies and Adjustments to the Relative Value Units Under the Physician Fee Schedule for Calendar Year 1996
[Federal Register Volume 61, Number 159 (Thursday, August 15, 1996)]
[Rules and Regulations]
[Page 42385]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20764]
=======================================================================
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Care Financing Administration
42 CFR Part 415
[BPD-827-CN]
RIN 0938-AG96
Medicare Program; Revisions to Payment Policies and Adjustments
to the Relative Value Units Under the Physician Fee Schedule for
Calendar Year 1996
AGENCY: Health Care Financing Administration (HCFA), HHS.
ACTION: Correction of final rule with comment period.
-----------------------------------------------------------------------
SUMMARY: This document corrects technical errors that appeared in the
final rule with comment period published in the Federal Register on
December 8, 1995 (60 FR 63124) entitled ``Medicare Program; Revisions
to Payment Policies and Adjustments to the Relative Value Units Under
the Physician Fee Schedule for Calendar Year 1996.''
EFFECTIVE DATES: January 1, 1996, except part 415, which is effective
July 1, 1996.
FOR FURTHER INFORMATION CONTACT: Shana Olshan, (410) 786-5714; William
Morse, (410) 786-4520.
SUPPLEMENTARY INFORMATION:
Background
In the Federal Register Document [95-29754], dated December 8,
1995, on page 63172 there is a technical error in the preamble and, on
pages 63177 and 63187 there are technical errors in the regulations
text in Sec. 414.30 (``Conversion factor update'') and Sec. 415.178
(``Anesthesia services''), respectively. In Sec. 414.30, due to a
typographical error, we inadvertently identified a revision being made
to paragraph (b)(3) as adding a new paragraph (c). We correct both the
amendatory statement and the regulations text. In the final rule, we
also inadvertently retained language reflected in the July 26, 1995 (60
FR 38430) proposed rule concerning documentation of a preoperative and
postoperative visit by the teaching physician in connection with
anesthesia services. To be consistent with our policy of not requiring
the teaching surgeon to be present at the preoperative and
postoperative visit, we intended to revise the language related to the
teaching anesthesiologist.
Correction of Errors
Preamble
Beginning on page 63171, in column 3, the first sentence of the
last paragraph is corrected to read: ``The information collection
requirements in Sec. 415.178 (``Anesthesia services''), paragraph (b),
concern documentation of the teaching physician's presence or
participation in the administration of the anesthesia. To be consistent
with our policy concerning teaching surgeons, we will not require
documentation of presence at the preoperative and postoperative
visit.''
Regulations Text
1. On page 63177, in column 1, item 4 is corrected to read as
follows:
``4. In Sec. 414.30, the introductory text to the section and the
introductory text to paragraph (b) are republished and paragraphs
(b)(2) and (3) are revised to read as follows:
Sec. 414.30 Conversion factor update.
Unless Congress acts in accordance with section 1848(d)(3) of the
Act--
* * * * *
(b) Downward adjustment. The downward adjustment may not exceed the
following:
* * * * *
(2) For CY 1994, 2.5 percentage points.
(3) For CYs 1995 and thereafter, 5 percentage points.''
Sec. 415.178 [Corrected]
2. On page 63187, in column 1, paragraph (b) of Sec. 415.178
(``Anesthesia services'') is corrected to read as follows: ``(b)
Documentation. Documentation must indicate the physician's presence or
participation in the administration of the anesthesia.''
(Section 1848 of the Social Security Act (42 U.S.C. 1395w-4))
(Catalog of Federal Domestic Assistance Program No. 93.774,
Medicare--Supplementary Medical Insurance Program)
Dated: August 8, 1996.
Neil J. Stillman,
Deputy Assistant Secretary for Information Resources Management
[FR Doc. 96-20764 Filed 8-14-96; 8:45 am]
BILLING CODE 4120-01-M
Complete official Federal Register PDF
FR Doc. 96-20763 Medicare and Medicaid Programs: Provider Appeals; Technical Amendments; Corrections
[Federal Register Volume 61, Number 159 (Thursday, August 15, 1996)]
[Rules and Regulations]
[Pages 42385-42386]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20763]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
42 CFR Parts 417, 473 and 498
[BPD-704-CN]
Medicare and Medicaid Programs: Provider Appeals; Technical
Amendments; Corrections
AGENCY: Health Care Financing Administration, HHS.
ACTION: Correction notice.
-----------------------------------------------------------------------
SUMMARY: Federal Register document 96-13521 beginning on page 32347 of
the issue of June 24, 1996, updated HCFA regulations that pertain to
provider appeals from determinations
[[Page 42386]]
that affect participation in Medicare and, in Medicaid.
The document contained technical errors in the authority citation
of 42 CFR part 417 and in the revisions of Secs. 473.22, 473.46, 473.48
and 498.74. This notice corrects those errors.
EFFECTIVE DATE: July 24, 1996.
FOR FURTHER INFORMATION CONTACT: Luisa V. Iglesias (202) 690-6383.
Corrections
1. On page 32348, column 2, in part 417, the authority citation is
revised to read as follows:
PART 417--[CORRECTED]
Authority: Secs. 1102 and 1871 of the Social Security Act (42
U.S.C. 1302 and 1395hh), secs. 1301, 1306, and 1310 of the Public
Health Service Act (42 U.S.C. 300e, 300e-5, and 300e-9); and 31
U.S.C. 9701.
Secs. 473.22, 473.46, 473.48 [Amended]
2. On page 32349, column 2, the following changes are made:
a. Change E 2 is revised to read as follows:
2. In the following sections, ``Appeals Council'' is revised to
read ``Departmental Appeals Board'' each time it appears:
Secs. 473.22(b)(5), 473.46 heading and paragraph (b), 473.48 paragraphs
(b), heading and text, and (c).
b. A change E 3 is added, to read as follows:
3. In Sec. 473.46(a), ``Appeals Council of the Social Security
Administration'' is revised to read ``Departmental Appeals Board''.
Sec. 498.74 [Amended]
3. On page 32351, column 1, change b. is revised to read as
follows:
b. In paragraphs (b)(1), (b)(2), and (b)(3), ``Appeals Council'' is
revised to read ``Departmental Appeals Board'', and in paragraphs
(b)(1) and (b)(4), ``council'' is revised to read ``Board''.
(Catalog of Federal Domestic Assistance Program No. 93.773,
Medicare--Hospital Insurance; Program No. 93.774, Medicare--
Supplementary Medical Insurance; and Program No. 93.778--Medical
Assistance)
Dated: August 8, 1996.
Neil J. Stillman,
Deputy Assistant Secretary for Information Resources Management.
[FR Doc. 96-20763 Filed 8-14-96; 8:45 am]
BILLING CODE 4120-01-P
Complete official Federal Register PDF
FR Doc. 96-20725 Migratory Bird Hunting; Extension of Decision on the Conditional Approval of Bismuth-Tin Shot as Nontoxic for the 1996-97 Season
[Federal Register Volume 61, Number 159 (Thursday, August 15, 1996)]
[Rules and Regulations]
[Pages 42492-42494]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20725]
[[Page 42491]]
_______________________________________________________________________
Part IV
Department of the Interior
_______________________________________________________________________
Fish and Wildlife Service
_______________________________________________________________________
50 CFR Part 20
Migratory Bird Hunting; Approval of Bismuth-Tin Shot as Nontoxic; Final
and Proposed Rules
Federal Register / Vol. 61, No. 159 / Thursday, August 15, 1996 /
Rules and Regulations
[[Page 42492]]
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 20
RIN 1018 - AD41
Migratory Bird Hunting; Extension of Decision on the Conditional
Approval of Bismuth-Tin Shot as Nontoxic for the 1996-97 Season
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Fish and Wildlife Service (Service) is amending
Section 20.21(j) and approving bismuth-tin shot as nontoxic for the
1996-97 migratory bird hunting season. Acute, chronic, and reproductive
toxicity studies, undertaken for the Bismuth Cartridge Company,
indicate that bismuth-tin shot is nontoxic when ingested by waterfowl
(captive-reared mallards).
EFFECTIVE DATE: This rule becomes effective on September 1, 1996.
FOR FURTHER INFORMATION CONTACT: Paul R. Schmidt, Chief, or Cyndi
Perry, Wildlife Biologist, Office of Migratory Bird Management (MBMO),
U.S. Fish and Wildlife Service, (703/358-1714).
SUPPLEMENTARY INFORMATION: Since the mid-1970s, the Service has sought
to identify shot that, when spent, does not pose a significant toxic
hazard to migratory birds and other wildlife. Currently, only steel
shot has approval by the Service as nontoxic. The Service believes
approval for other suitable candidate shot materials as nontoxic shot
is feasible. The Service is eager to consider these other materials for
approval as nontoxic.
The nontoxic shot requirement for hunting waterfowl and coots
created resistance among some hunters with only steel shot available.
With the resistance came an unknown level of noncompliance. Although
compliance with the use of nontoxic shot has increased over the last
few years, the Service believes that this level of compliance will
increase with the availability and approval of other nontoxic shot
types.
On October 21, 1993, the Bismuth Cartridge Company petitioned the
Service to approve bismuth-tin shot for hunting waterfowl and coots. At
that time the company had not undertaken the studies necessary to
demonstrate that bismuth-tin shot is nontoxic to waterfowl and the
Service did not approve their petition. On June 24, 1994, the Bismuth
Cartridge Company petitioned the Service to modify provisions of 50 CFR
20.21(j), to legalize the use of bismuth-tin shot on an interim,
conditional basis for the 1994-95 and 1995-96 hunting seasons while
conducting toxicity tests. The petitioner's supporting rationale was:
1) bismuth is nontoxic; 2) the rule would be conditional; and 3) the
evidence presented in the record, i.e., the application from the
Bismuth Cartridge Company. The petition acknowledged the responsibility
of the Bismuth Cartridge Company to complete all nontoxic shot approval
tests outlined in 50 CFR 20.134. Final regulations published in the
Federal Register [(January 3, 1995, (60 FR 61) and August 18, 1995, (60
FR 43314)] provide conditional approval of bismuth-tin shot (nominally,
97 parts bismuth and 3 parts tin) as nontoxic for hunting waterfowl and
coots during the 1994-95 and 1995-96 seasons, respectively. A complete
review of the bismuth-tin shot application and review process is within
the January 3, 1995, Federal Register (60 FR 61).
Aside from recently completed toxicity studies there are several
other works that support the Service's decision. Sanderson et al.
(1994), Ringelman et al. (1992), and Sanderson et al. (1992) saw no
adverse effects when bismuth alloy shot was ingested by captive-reared
mallards. In Grandy et al. (1968), there were no deaths associated with
mallards dosed with tin shot.
The Service has been provided with evidence of completion of the
conditions for approval that were previously established. First, a
series of toxicity tests demonstrating bismuth-tin shot as nontoxic to
waterfowl was necessary. The Service reviewed and approved the employed
testing protocol, with technical assistance provided by the National
Biological Service (NBS).
The short-term (30 day) acute toxicity test entails dosing ducks
with shot and feeding them commercially available duck food.
Researchers record survival, body weight, blood hematocrit, and organ
analysis. Survival to 30 days post dosing, hematocrit values, body
weight, mean weight of kidney, liver, gonad, and gizzard were similar
in game-farm mallards dosed with either six No. 4 bismuth-tin shot, six
No. 4 steel shot, or control animals (Sanderson et al. 1995).
The 14-week chronic toxicity test entails dosing ducks with either
lead shot, steel shot, bismuth-tin shot, or a placebo (control group),
during cold weather using a nutritionally deficient diet. Researchers
record survival, body weight, retention and dissolution of shot, blood
and tissue analysis, and histopathology. Sixty-five male and sixty-five
female mallards underwent doses of either No. 4 lead, or steel, or
bismuth-tin shot, or a placebo (control group) on Days 0, 30, 60, and
90. All lead-dosed ducks died within 14 days of initial dosing. All
steel- and placebo-dosed ducks survived until sacrificed. All bismuth-
tin dosed ducks survived until sacrificing except one female who died
of undetermined causes 131 days post dosing after laying 16 eggs. In
general, the chronic test documents the absence of any deleterious
effects of these bismuth-tin doses on captive-reared mallards
(Sanderson et al. 1996).
The reproductive toxicity test is a chronic dosage study which
includes assessment of reproduction, fertility rates, and egg
hatchability. Researchers record egg weight, shell thickness, and
content analysis. For ducklings, researchers record body weight, sex
ratios, blood and organ analysis. The reproductive test ran
concurrently with the chronic study. Results confirmed no significant
differences in the time required for either control, steel, or bismuth-
tin-dosed ducks to lay 21 eggs, and no differences in the dates when
the three dosed groups began to lay. Similarly, no significant
differences among doses in the fertility rates, hatchability rates, or
chemical content of the eggs arose. In ducklings, no significant
differences among doses in the mean body weight (by day 7), sex ratios,
hematocrit, mean weights of kidney and liver, mean amounts of elements
in organs, or in the histopathology arose (Sanderson et al. 1996).
As a result of these toxicity tests, the Service concludes that
bismuth-tin shot composed of 97 parts bismuth and 3 parts tin with <1
percent residual lead does not impose significant danger to migratory
birds and other wildlife and their habitats.
The second condition of approval is residual lead levels. The
Service will consider any bismuth-tin shot manufactured with lead
levels equal to or exceeding 1 percent toxic and therefore, illegal.
Bismuth may occur as a by-product of iron, copper, and tin smelting and
often contains lead. In the August 18, 1995, Federal Register (60 FR
43314), the Service indicated it would establish a maximum level for
residual lead. The Service, in consultation with the NBS, determined
the maximum environmentally acceptable level of lead in bismuth-tin
shot is trace amounts or <1 percent and is incorporating this
requirement into the final rule.
Finally, enforcement is an important component in the approval of
any alternative shot material. In the August 18, 1995, Federal Register
(60 FR
[[Page 42493]]
43314), the Service indicated that final unconditional approval would
be contingent upon the development and availability of a noninvasive
field testing device. Several noninvasive field testing devices are
available. Service Law Enforcement personnel assessed these devices
determining them to be accurate and useful.
This rule amends 50 CFR 20.21(j) by extending the conditional
approval on bismuth-tin shot as nontoxic for the 1996-97 migratory bird
hunting season. It is based on the original request made to the Service
by the Bismuth Cartridge Company on October 21, 1993, and subsequent
toxicity testing. Results of the acute, chronic, and reproductive
toxicity tests undertaken for the Bismuth Cartridge Company document
the apparent absence of any deleterious effects of bismuth-tin shot
when ingested by captive-reared mallards.
Public Comment
The Service, by this rule, is approving for one season (1996-1997)
the use of bismuth-tin shot for waterfowl hunting without the standard
notice for public comment. As required by the Administrative Procedure
Act (5 U.S.C. 553(b)), the Service has found that the notice and public
procedure required by the APA are impracticable, unnecessary, and
contrary to the public interest for the following reasons: 1) At each
stage of testing bismuth-tin shot has been shown to be non-toxic. 2)
This approval is for one season only. 3) Bismuth-tin shot has been
approved the last two years for one season each as a result of the
public process that included public notices in the Federal Register and
opportunities for comment. 4) Providing a third comment period at this
time would preclude the availability of a proven alternative nontoxic
shot for a significant portion of the upcoming hunting seasons. 5) The
Service is simultaneously publishing a proposed rule that would finally
approve bismuth-tin shot as nontoxic without season limitation and is
providing the standard notice and opportunity for comment on that
proposed final action, thereby providing the public procedure required
by the APA on this issue.
Effective Date
Under the APA (5 U.S.C. 553 (d)) the Service waives the 30 day
period before the rule becomes effective and establishes September 1,
1996, as the effective date. This rule relieves a restriction and, in
addition, it is not in the public interest to delay the effective date
of this rule. During the two prior public comment periods for
conditional approval the Service received 386 comments. Of these, 360
were in favor of approving bismuth-tin shot for hunting waterfowl and
coots with 26 opposed. The opposition felt that the incomplete toxicity
tests and no noninvasive field detection device should delay the rule.
These two objections are now remedied satisfactorily. It is in the best
interest of migratory birds and their habitats to extend the
conditional approval on bismuth-tin shot as nontoxic for the 1996-97
migratory bird hunting season. It is in the best interest of the
hunting public to provide them an additional legal option for hunting
waterfowl and coots for the 1996-97 season, which begins on September
1, 1996. It is in the best interest of small retailers who have stocked
bismuth-tin shot for the coming season. The Services believes another
nontoxic shot option likely will improve hunter compliance, thereby
reducing the amount of lead shot in the environment.
References
Grandy, J.W., L.N. Locke and G.E. Bagley. 1968. Relative toxicity
of lead and five proposed substitute shot types to pen-reared mallards.
J.Wildl. Manage. 32(3):483-488.
Ringelman, J.K., M.W. Miller and W.F. Andelt. 1992. Effects of
ingested tungsten-bismuth-tin shot on mallards. CO Div. Wildl., Fort
Collins, 24 pp.
Sanderson, G.C., W.L. Anderson, G.L. Foley, L.M. Skowron and J.W.
Seets. 1994. Toxicity and reproductive effects of ingested bismuth
alloy shot and effects of embedded bismuth alloy, lead, and iron shot
on game-farm mallards. Final Report. Ill. Nat. Hist Survey. Champaign,
IL. 64pp.
Sanderson, G.C., S.G. Wood, G.L. Foley and J.D. Brawn. 1992.
Toxicity of bismuth shot compared with lead and steel shot in game-farm
mallards. Trans. 57th N.A. Wildl. Nat. Res. Conf., 57:526-540.
Sanderson, G.C., W.L. Anderson, G.L. Foley, L.M. Skowron, J.D.
Brawn and J.W. Seets. 1995. Toxicity of ingested bismuth alloy shot on
game-farm mallards (Revised Final Report). Report to Peterson
Publishing Company by the Univ. of Illinois, Ill. Nat. Hist. Survey.
Champaign, IL. 69pp.
Sanderson, G.C., W.L. Anderson, G.L. Foley, K.L. Duncan, L.M.
Skowron, J.D. Brawn and J.W. Seets. 1996. Toxicity and reproductive
test including chronic health effects of ingested bismuth alloy shot on
game-farm mallards (Revised Final Report). Report to Peterson
Publishing Company by the Univ. Illinois, Ill. Nat. Hist. Survey.
Champaign, IL. 113pp.
NEPA Consideration
In compliance with the requirements of section 102(2)(c) of the
National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4332(C)),
and the Council on Environmental Quality's regulation for implementing
NEPA (40 CFR 1500-1508), the Service prepared an Environmental
Assessment in July, 1996. This EA is available to the public at the
Office of Migratory Bird Management, U.S. Fish and Wildlife Service, ms
634-ARLSQ, 1849 C Street NW., Washington D.C. 20240. Based on review
and evaluation of the information in the EA, the Service determined the
action to amend 50 CFR 20.21(j) to extend conditional approval on
bismuth-tin shot as nontoxic for 1996-97 migratory bird hunting season
would not be a major Federal action that would significantly affect the
quality of the human environment.
Endangered Species Act Considerations
Section 7 of the Endangered Species Act (ESA) of 1972, as amended
(16 U.S.C. 1531 et seq.), provides that, ``The Secretary shall review
other programs administered by him and utilize such programs in
furtherance of the purposes of this Act'' (and) shall ``insure that any
action authorized, funded or carried out ... is not likely to
jeopardize the continued existence of any endangered species or
threatened species or result in the destruction or adverse modification
of (critical) habitat ...'' The Service completed a Section 7
consultation under the ESA for this rule. The result of the Service's
consultation under Section 7 of the ESA is available to the public
through, the Office of Migratory Bird Management, U.S. Fish and
Wildlife Service, ms 634--ARLSQ, 1849 C Street NW., Washington D.C.
20240.
Regulatory Flexibility Act, Executive Order 12866, and the
Paperwork Reduction Act
The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.)
requires the preparation of flexibility analyses for rules that will
have a significant effect on a substantial number of small entities,
which includes small businesses, organizations or governmental
jurisdictions. The Service determined this rule will have no effect on
small entities since the approved shot merely will supplement nontoxic
shot already in commerce and available throughout the retail and
wholesale distribution systems. The Service anticipates no dislocation
or other local effects, with regard to hunters and others. This rule
was not subject to Office of Management and Budget
[[Page 42494]]
(OMB) review under Executive Order 12866. The Service has examined this
regulation under the Paperwork Reduction Act of 1995 and found it to
contain no information collection requirements.
Unfunded Mandates Reform
The Service has determined and certifies pursuant to the Unfunded
Mandates Act, 2 U.S.C. 1502 et seq., that this rulemaking will not
impose a cost of $100 million or more in any given year on local or
State government or private entities.
Civil Justice Reform - Executive Order 12988
The Service, in promulgating this rule, has determined that these
regulations meet the applicable standards provided in Sections 3(a) and
3(b)(2) of Executive Order 12988.
Authorship
The primary author of this rule is Cynthia M. Perry, Office of
Migratory Bird Management.
List of Subjects in 50 CFR Part 20
Exports, Hunting, Imports, Reporting and record keeping
requirements, Transportation, Wildlife.
Accordingly, Part 20, Subchapter B, Chapter I of Title 50 of the
Code of Federal Regulations is amended as follows:
PART 20--[AMENDED]
1. The authority citation for Part 20 continues to read as follows:
Authority: 16 U.S.C. 703-711; 16 U.S.C. 712 and 16 U.S.C. 742 a-
j.
2. Section 20.21 is amended by revising the introductory text of
paragraph (j) and paragraph (j)(2) to read as follows:
Sec. 20.21 Hunting methods.
* * * * *
(j) While possessing shot (either in shotshells or as loose shot
for muzzleloading) other than steel shot, bismuth-tin (97 parts
bismuth: 3 parts tin with <1 percent residual lead) shot or such shot
approved as nontoxic by the Director pursuant to procedures set forth
in I82Sec. 20.134. Provided that:
* * * * *
(2) Bismuth-tin shot (97 parts bismuth: 3 parts tin with <1 percent
residual lead) is legal as nontoxic shot for the 1996-97 migratory bird
hunting season.
Dated: August 1, 1996.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 96-20725 Filed 8-14-96; 8:45 am]
BILLING CODE 4310-55-F
Complete official Federal Register PDF
FR Doc. 96-20712 Radio Broadcasting Services; Burlington, CO, and Brewster, KS
[Federal Register Volume 61, Number 159 (Thursday, August 15, 1996)]
[Rules and Regulations]
[Page 42394]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20712]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 73
[MM Docket No. 94-134; RM-8538, RM 8589]
Radio Broadcasting Services; Burlington, CO, and Brewster, KS
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document adds FM Channel 257C1, Burlington, Colorado, to
the FM Table of Allotments, Section 72.202(b) of the Commission's
Rules. It also rejects a counterproposal by KNAB, Inc. (KNAB) to add
that same channel at Brewster, Kansas.
DATES: Effective September 9, 1996. The window period for filing
applications will open on September 9, 1996, and close on October 10,
1996.
FOR FURTHER INFORMATION CONTACT: R. Barthen Gorman, Mass Media Bureau,
(202) 418-2180. Questions related to the window application filing
process for Channel 257C1 at Burlington, Colorado, should be addressed
to the Audio Services Division, FM Branch, (202) 418-2700.
SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's
Report and Order, MM Docket No. 94-134, adopted July 19, 1996, and
released July 26, 1996. The full text of this Commission decision is
available for inspection and copying during normal business hours in
the FCC's Reference Center (Room 239), 1919 M Street, NW., Washington,
DC. The complete text of this decision may also be purchased from the
Commission's copy contractors, International Transcription Service,
Inc., (202) 857-3800, located at 1919 M Street, NW., Room 246, or 2100
M Street, NW., Suite 140, Washington, DC 20037.
List of Subjects in 47 CFR Part 73
Radio broadcasting.
Part 73 of title 47 of the Code of Federal Regulations is amended
as follows:
PART 73--[AMENDED]
1. The authority citation for part 73 continues to read as follows:
Authority: Secs. 303, 48 Stat., as amended, 1082; 47 U.S.C. 154,
as amended.
Sec. 73.202 [Amended]
2. Section 73.202(b), the Table of FM Allotments under Colorado is
amended by adding Channel 257C1 at Burlington.
Federal Communications Commission.
John A. Karousos,
Chief, Allocations Branch, Policy and Rules Division, Mass Media
Bureau.
[FR Doc. 96-20712 Filed 8-14-96; 8:45 am]
BILLING CODE 6712-01-F
Complete official Federal Register PDF
FR Doc. 96-20710 Radio Broadcasting Services; Fair Bluff, NC
[Federal Register Volume 61, Number 159 (Thursday, August 15, 1996)]
[Rules and Regulations]
[Page 42394]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20710]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 73
[MM Docket No. 95-44; RM-8602]
Radio Broadcasting Services; Fair Bluff, NC
AGENCY: Federal Communications Commission.
ACTION: Final rule; petition for reconsideration.
-----------------------------------------------------------------------
SUMMARY: The Chief, Policy and Rules Division, grants the petition for
reconsideration filed by Atlantic Broadcasting Co., Inc., by imposing a
12.7 kilometer (7.9 mile) northeast site restriction on vacant and now
applied-for Channel 287A at Fair Bluff, North Carolina. The coordinates
for Channel 287A at Fair Bluff are 34-21-22 NL; 78-54-36 WL. See 60 FR
44820, August 29, 1995. The imposition of the site restriction could
allow Station WDAR-FM, Channel 283C3, Darlington, South Carolina, to
operate omnidirectionally and thus increase its service area. With this
action, this proceeding is terminated.
EFFECTIVE DATE: August 15, 1996.
FOR FURTHER INFORMATION CONTACT: Leslie K. Shapiro, Mass Media Bureau,
(202) 418-2180.
SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's
Memorandum Opinion and Order, MM Docket No. 95-44, adopted July 26,
1996, and released August 2, 1996. The full text of this Commission
decision is available for inspection and copying during normal business
hours in the FCC Reference Center (Room 239), 1919 M Street, NW.,
Washington, DC. The complete text of this decision may also be
purchased from the Commission's copy contractor, International
Transcription Service, Inc., (202) 857-3800, 2100 M Street, NW., Suite
140, Washington, DC 20037.
List of Subjects in 47 CFR Part 73
Radio broadcasting.
Federal Communications Commission.
Douglas W. Webbink,
Chief, Policy and Rules Division, Mass Media Bureau.
[FR Doc. 96-20710 Filed 8-14-96; 8:45 am]
BILLING CODE 6712-01-F
Complete official Federal Register PDF
FR Doc. 96-18480 Inclusion of Terminal Equipment Connected to Basic Rate Access Service Provided via Integrated Services Digital Network Access Technology and Terminal Equipment Connected to Public Switched Digital Service
[Federal Register Volume 61, Number 159 (Thursday, August 15, 1996)]
[Rules and Regulations]
[Pages 42386-42394]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18480]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 2 and 68
[CC Docket No. 93-268; FCC 96-1]
Inclusion of Terminal Equipment Connected to Basic Rate Access
Service Provided via Integrated Services Digital Network Access
Technology and Terminal Equipment Connected to Public Switched Digital
Service
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: On January 11, 1996, the Commission adopted a Report and Order
regarding network protection to include terminal equipment connected to
the two-wire Basic Rate Access (BRA) interface and the Integrated
Services Digital Network (ISDN) access technology. The Order further
addresses petitions for amendment of its network protection rules to
include terminal equipment for Public Switched Digital Service (PSDS)
and adopts rules to govern revocation of equipment registration. This
action will promote end-to-end digital connectivity for consumers.
EFFECTIVE DATE: November 13, 1996.
FOR FURTHER INFORMATION CONTACT: Bill von Alven, Senior Engineer (202)
418-2342 or Marian Gordon, Special Counsel, Network Services Division,
Common Carrier Bureau, (202) 418-2337.
SUPPLEMENTARY INFORMATION: This summarizes the Commission's Order in
the matter of Petition to Amend part 68 of the Commission's Rules to
Include Terminal Equipment Connected to Basic Rate Access Service
Provided via Integrated Services Digital Network Access Technology and
Petition to Amend part 68 of the Commission's Rules to Include Terminal
Equipment Connected to Public Switched Digital Services, file is
available for inspection and copying during the weekday hours of 9 a.m.
to 4:30 p.m. in the Commission's duplicating contractor, ITS, Inc. 2100
M St., NW., Suite 140, Washington, DC. 20037, phone (202)857-2800.
Analysis of Proceeding
1. In the Order, the Commission adopts final rules to amend part 68
of the Commission's rules which governs the terms and conditions under
which customer-provided terminal equipment may be connected to the
telephone network. Part 68 is designed to ensure that customers and
manufacturers can connect terminal equipment to the telephone network
without causing harm to the network.
2. The Commission amends part 68 to include terminal equipment
connected to the two-wire Basic Rate Access (BRA) interface and the
four-wire Primary Rate Access (PRA) interface associated with the
Integrated Services Digital Network (ISDN) access technology. In this
Order, the Commission further amends part 68 to include terminal
equipment for Public Switched Digital Service (PSDS) in the
Commission's equipment registration program and adopts rules to govern
revocation of part 68 registration and clarify other aspects of its
rules.
Ordering Clauses
3. Accordingly, it is ordered, pursuant to authority contained in
Sections 1, 4(i), 4(j), 201-205 and 403 of the Communications Act of
1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 201-205, 225, and 403,
part 2 and part 68 of the Commission's rules are amended as set fourth
below.
4. It is further ordered that the rules and requirements set forth
below to include terminal equipment for ISDN and PSDS into part 58, and
the rules for part 68 registration revocation are adopted.
List of Subjects
47 CFR Part 2
Certification, Equipment authorization, Federal Commmunications
Commission.
47 CFR Part 68
Federal Communications Commission, Registered terminal equipment,
Telephone.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
Rule Changes
Parts 2 and 68 of chapter I of title 47 of the Code of Federal
Regulations are amended as follows:
PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL
RULES AND REGULATIONS
1. The authority citation for part 2 continues to read as follows:
Authority: 47 U.S.C. 154, 202, 203, 204, 205, 208, 215, 218,
313, 314, 404, 410, 602 unless otherwise noted.
Sec. 2.1302 [Amended]
2. Section 2.1302 is amended by removing the words ``two copies''
and adding in their place the words ``one copy.''
[[Page 42387]]
PART 68--CONNECTION OF TERMINAL EQUIPMENT TO THE TELEPHONE NETWORK
3. The authority citation for part 68 is revised to read as
follows:
Authority: 47 U.S.C. 151, 154, 155, 201-205, 208, 215, 218, 220,
226, 227, 303, 313, 314, 403, 404, 410, 412, 522.
4. Section 68.2 is amended by revising paragraph (a) introductory
text, and adding paragraphs (a)(9), (a)(10), (j) and (k) to read as
follows:
Sec. 68.2 Scope.
(a) General. Except as provided for in paragraphs (b), (c), (d),
(e), (f), (g), (h), (i), (j) and (k) of this section, the rules and
regulations apply to direct connection:
* * * * *
(9) Of all terminal equipment to Public Switched Digital Service
(PSDS) Type I, II or III.
(10) Of all terminal equipment to the Integrated Services Digital
Network (ISDN) Basic Rate Access (BRA) or Primary Rate Access (PRA).
* * * * *
(j) Grandfathered equipment for connection to PSDS (Type I, II or
III). (1) Terminal equipment, including its premises wiring directly
connected to PSDS (Type I, II or III) on or before January 1, 1996, may
remain for service life without registration, unless subsequently
modified. Service life means the life of the equipment until retired
from service. Modification means changes to the equipment that affect
compliance with Part 68.
(2) New installation of terminal equipment, including its premises
wiring, may occur until July 1, 1997, without registration of any
terminal equipment involved, provided that the terminal equipment is of
a type directly connected to PSDS (Type I, II or III) as of January 1,
1996. This to PSDS (Type I, II or III) for service life without
registration unless subsequently modified.
(k) Grandfathered equipment for connection to ISDN BRA or PRA: (1)
Terminal equipment, including premises wiring directly connected to
ISDN BRA or PRA on January 1, 1996, may remain connected to ISDN BRA or
PRA for service life without registration, unless subsequently
modified.
(2) New installation of terminal equipment, including premises
wiring, may occur until July 1, 1997, without registration of any
terminal equipment involved, provided that the terminal equipment is of
a type directly connected to ISDN BRA or PRA as of January 1, 1996.
This terminal equipment may remain connected and be reconnected to ISDN
BRA or PRA for service life without registration unless subsequently
modified.
5. Section 68.3 is amended by revising the definition of ``Test
equipment'', by removing in the definition of Zero level decoder the
words ``See Figure 68.3(j)'' and adding in their place ``See Figure
68.3(l)'', adding the remaining definitions in alphabetical order,
adding Figure 68.3(m) and revising Figures 68.3(a), 68.3(b), and
68.3(l) to read as follows:
Sec. 68.3 Definitions.
* * * * *
ISDN Basic Rate Interface: A two-wire interface between the
terminal equipment and ISDN BRA. The tip and ring leads shall be
treated as telephone connections for the purpose of fulfilling
registration conditions.
ISDN Primary Rate Interface: A four-wire interface between the
terminal equipment and 1.544 Mbps ISDN PRA. The tip, ring, tip-1, and
ring-1 leads shall be treated as telephone connections for the purpose
of fulfilling registration conditions.
* * * * *
PSDS Type II Analog Mode Loop Simulator Circuit: A circuit
simulating the network side of the two-wire telephone connection that
is used for testing terminal equipment to be connected to the PSDS Type
II loops. Figure 68.3(m) shows the type of circuit required. Other test
circuit configurations may be used provided they operate at the same DC
voltage and current characteristics and AC impedance characteristics
presented in the illustrated circuit. When utilized, the simulator
should be operated over the entire range of loop resistances, and with
the indicated voltage limits and polarities. Whenever the loop current
is changed, sufficient time shall be allowed for the current to reach a
steady-state condition before continuing testing.
Public Switched Digital Service Type I (PSDS Type I): This service
functions only in a digital mode. It employs a transmission rate of 56
Kbps on both the transmit and receive pairs to provide a four-wire full
duplex digital channel. Signaling is accomplished using bipolar
patterns which include bipolar violations.
Public Switched Digital Service Type II (PSDS Type II): This
service functions in two modes, analog and digital. Analog signaling
procedures are used to perform supervisory and address signaling over
the network. After an end-to-end connection is established, the
Switched Circuit Data Service Unit (SCDSU) is switched to the digital
mode. The time compression multiplexing (TCM) transmission operated at
a digital transmission speed of 144 Kbps to provide full-duplex 56 Kbps
on the two-wire access line.
Public Switched Digital Service Type III (PSDS Type III): This
service functions only in a digital mode. It uses a time compression
multiplexing (TCM) rate of 160 Kbps, over one pair, to provide two
full-duplex channels--an 8 Kbps signaling channel for supervisory and
address signaling, and a 64 Kbps user data channel on a two-wire access
line.
Switched Circuit Data Service Unit (SCDSU): A CPE device, with PSDS
functionality, located between the Network Interface and the data
terminal equipment. (It also is sometimes referred to as Network
Channel Terminating Equipment).
* * * * *
Test Equipment: Equipment connected at the customer's premises that
is used on the customer's side of the network interfaces to measure
characteristics of the telephone network, or to detect and isolate a
communications fault between a terminal equipment entity and the
telephone network. Registration is required for test equipment capable
of functioning as portable traffic recorded or equipment capable of
transmitting or receiving test tones; except registration is not
required for devices used by telephone companies solely for network
installation and maintenance activities such as hand-held data
terminals, linesmen's handsets, and subscriber line diagnostic devices.
* * * * *
BILLING CODE 6712-01-P
[[Page 42388]]
[GRAPHIC] [TIFF OMITTED] TR15AU96.000
[[Page 42389]]
[GRAPHIC] [TIFF OMITTED] TR15AU96.001
[[Page 42390]]
[GRAPHIC] [TIFF OMITTED] TR15AU96.002
[[Page 42391]]
[GRAPHIC] [TIFF OMITTED] TR15AU96.003
BILLING CODE 6712-01-C
[[Page 42392]]
Sec. 68.104 [Amended]
6. Section 68.104(b), is amended by removing ``..68.308(a)(4)(i) or
(ii)'', and adding in its place ``..68.308(b)(4)(i) or (ii)''.
Sec. 68.112 [Amended]
7. Section 68.112(b)(2), is amended by removing the word
``policy'', and adding in its place the word ``police''.
8. Section 68.200, is amended removing the words ``two copies'',
and adding in their place the words ``one copy'' in the introductory
text; and revising paragraph (d) to read as follows:
Sec. 68.200 Application for equipment registration.
* * * * *
(d) A statement that the terminal equipment or protective circuitry
complies with and will continue to comply with the rules and
regulations in subpart D of this part, accompanied by such test
results, description of test procedures, analyses, evaluations, quality
control standards and quality assurance standards as are necessary to
demonstrate that such terminal equipment or protective circuitry
complies with and will continue to comply with all the applicable rules
and regulations in subpart D of this part. The Common Carrier Bureau
will publish a Registration Application Guide referencing acceptable
test procedures; but other test methods may be employed provided they
are fully described in the application and are found acceptable by the
Commission.
* * * * *
Sec. 68.208 [Amended]
9. Section 68.208(a) is amended by removing the words ``of this
part of which'', and adding in their place ``of this part or which''.
10. Section 68.211 is added to subpart C to read as follows:
Sec. 68.211 Registration revocation procedures.
(a) Cause for revocation. The Commission may revoke the Part 68
registration of a registrant:
(1) Who has obtained the equipment registration by
misrepresentation;
(2) Whose registered equipment is shown to cause harm to the
network;
(3) Who willfully or repeatedly fails to comply with the terms and
conditions of its Part 68 registration; or
(4) Who willfully or repeatedly fails to comply with any rule,
regulation or order issued by the Commission under the Communications
Act of 1934 relating to equipment registration.
(b) Notice of Intent to Revoke Part 68 Registration. Before
revoking a Part 68 registration under the provisions of this section,
the Commission, or the Common Carrier Bureau under delegated authority,
will issue a written Notice of Intent to Revoke Part 68 Registration,
or Joint Notice of Apparent Liability for Forfeiture and Intent to
Revoke Part 68 Registration pursuant to Secs. 1.80 and 1.89 of this
chapter.
(1) Contents of the Notice. The Notice will:
(i) Identify the registration date(s) and registration number(s) of
the equipment, and the rule or federal law apparently violated;
(ii) Set forth the nature of the act or omission charged against
the registrant, and the facts upon which such charge is based;
(iii) Specify that in the event of revocation, the registrant may
not reapply for registration of the same product for a period of six
months; and
(iv) Specify that revocation of the registration may be in addition
to, or in lieu of, an amount in forfeiture levied pursuant to Sec. 1.80
of this chapter.
(c) Delivery. The Notice will be sent via certified mail to the
registrant at the address certified in the Part 68 application
associated with the registration at issue.
(d) Response. The registrant will be given a reasonable period of
time (usually 30 days from the date of the Notice) to show, in writing,
why its part 68 registration should not be revoked or why the
forfeiture penalty should not be imposed or should be reduced.
(e) Reapplication. A registrant whose registration has been revoked
may not apply for registration of the same product for a period of six
months from the date of revocation of the registration.
(f) Reconsideration or appeal. A registrant who is issued a
revocation of equipment registration and/or forfeiture assessment may
request reconsideration or make administrative appeal of the decision
pursuant to Part 1 of the Commission's rules--Practice and Procedure,
Part 1 of this chapter.
11. Section 68.300(c) is added to read as follows:
Sec. 68.300 Labelling requirements.
* * * * *
(c) When the device is so small or for such use that it is not
practical to place the labelling information specified in paragraphs
(a) and (b) of this section, the information required by these
paragraphs shall be placed in a prominent place in user instructions.
The FCC Registration Number and the device Model Number, however, must
be displayed on the device. All lettering on the label must be
discernible without magnification.
12. Section 68.308 is amended by revising paragraph (a), adding
paragraphs (b)(1)(viii) and (b)(2)(iii), revising paragraph
(b)(7)(ii)(C), removing from the table in paragraph (f)(2)(ii) the
words ``20 kHz'' and inserting in their place the words ``120 kHz'',
revising paragraph (h)(2) introductory text, Table III in paragraph
(h)(2)(ii), the first sentence of paragraph (h)(2)(v), and adding
paragraph (h)(3) to read as follows:
Sec. 68.308 Signal power limitations.
(a) General. Limitation on signal power shall be met at the
interface for all 2-wire network ports, tip and ring conductors to PSDS
Types II and III, and, where applicable to services, both transmit and
receive pairs of all 4-wire network ports. Signal power measurements
will be made using terminations as specified in each of the following
limitations. The transmit and receive pairs of 4-wire network ports
shall be measured with the pair not under test connected to a
termination equivalent to that specified for the pair under test.
Through-gain limitations apply only in the direction of transmission to
the network.
(b) * * *
(1) * * *
(viii) For PSDS (Types I, II and III) terminal equipment when in
the digital mode of transmission, the maximum equivalent power of any
encoded analog signal (other than live voice) shall not exceed -12dBm
when averaged over any 3-second interval. The equivalent analog power
shall be derived by a zero-level decoder at the network interface to
PSDS (Type II or III) facilities.
(2) * * *
(iii) For PSDS (Types I, II and III) terminal equipment, when in
the digital mode of transmission, the maximum equivalent power of any
encoded analog signal shall not exceed -3dBm when averaged over any 3-
second time interval. The equivalent analog signal shall be derived by
a zero-level decoder located at the network interface to PSDS (Type II
or III) facilities.
* * * * *
(7) * * *
(ii) * * *
(C) Except for class A OPS interfaces, the dc current into the OPS
line simulator circuit must be at least 20 mA for the following
conditions (see Fig. 68.3(f)):
R2 + RL
------------------------------------------------------------------------
Condition Class B Class C
------------------------------------------------------------------------
1..................................................... 600 1300
[[Page 42393]]
2..................................................... 1800 2500
------------------------------------------------------------------------
* * * * *
(h) * * *
(2) Limitations on Terminal Equipment Connecting to 1.544 Mbps
Digital Services and ISDN PRA Services--
(i) * * *
(ii) * * *
Table III
------------------------------------------------------------------------
------------------------------------------------------------------------
Pulse Height (volts)...................... 2.4 to 3.6.
Pulse Width (half amplitude) (nsec)....... 324 +/-45.
Maximum rise or fall time; from 10% to 90% 100.
points (nsec).
------------------------------------------------------------------------
* * * * *
(v) Encoded analog content. If registered terminal equipment
connected to 1.544 Mbps digital service or to ISDN PRA service contains
an analog-to-digital converter, or generates signals in digital form
which are intended for eventual conversion to voiceband analog signals,
the encoded analog content of the subrate channels of the ISDN
information bearing channels within the 1.544 Mbps signal must be
limited. * * *
* * * * *
(3) Pulse Repetition Rate. For PSDS (Type II) the pulse repetition
rate shall be a maximum of 144,000 pulses per second +/-5 pulses per
second; for PSDS (Type III) the pulse repetition rate shall be a
maximum of 160,000 pulses per +/-5 pulses per second.
(i) Template for maximum output pulse. When applied to a 135 ohm
resistor the instantaneous amplitude of the largest isolated output
pulse obtainable from the registered terminal equipment shall fall
within the template of Table IV(A) for PSDS Type II or Table IV(B) for
PSDS Type III. The limiting pulse template shall be defined by passing
an ideal 50% duty cycle rectangular pulse within he amplitude/pulse
rate characteristics of Table IV(A) or Table IV(B) through a 1-pole
low-pass filter with a 3dB frequency of 260 kHz.
(ii) Below is the template for maximum output pulse:
----------------------------------------------------------------------------------------------------------------
Pulse characteristics Table IV(A) Table IV(B)
----------------------------------------------------------------------------------------------------------------
Pulse Height +/-5%...................... 2.6 volts +/-5%............................. 2.4. volts
Pulse Width--100ns...................... 3472.2 +/-150ns............................. 3125 +/-.
Max Rise or Fall Time--microsecond...... 100ns...................................... 1.2.
(From 10% to 90% points) microsecond ............................................ +/- 0.2.
----------------------------------------------------------------------------------------------------------------
* * * * *
13. Section 68.310 is amended by revising the table in paragraph
(a), the introductory text of paragraph (i), and paragraph (l) to read
as follows:
Sec. 68.310 Longitudinal balance limitations.
(a) * * *
----------------------------------------------------------------------------------------------------------------
Minimum Frequency
Paragraph Equipment state balance range
----------------------------------------------------------------------------------------------------------------
(b)............................................ On-hook........................... 60 200-1000
On-hook........................... 40 1000-4000
Off-hook.......................... 40 200-4000
(c)............................................ On-hook........................... 60 200-1000
On-hook........................... 40 1000-4000
Off-hook.......................... 40 200-4000
(d)............................................ Off-hook.......................... 40 200-4000
(e)............................................ On-hook........................... 60 200-1000
Voice Equipment................................ On-hook........................... 40 1000-4000
Off-hook.......................... 40 200-4000
(e)............................................ On-hook........................... 60 200-1000
Data Equipment................................. On-hook........................... 40 1000-4000
Off-hook.......................... 40 200-4000
(f)............................................ Off-hook.......................... 40 200-4000
(g)............................................ On-hook........................... 60 200-1000
On-hook........................... 40 1000-4000
Off-hook.......................... 40 200-4000
(h)............................................ Off-hook.......................... 40 200-1000
(i)............................................ On-hook........................... 60 200-1000
On-hook........................... 40 1000-4000
Off-hook.......................... 40 200-4000
(j)............................................ Off-hook.......................... 40 200-4000
----------------------------------------------------------------------------------------------------------------
* * * * *
(i) Registered terminal equipment and registered protective
circuitry for 4-wire network ports. The pair under test shall be driven
from a 600-ohm metallic source having a 500-ohm longitudinal impedance.
The pair not under test shall be terminated in a metallic impedance of
600-ohms.
* * * * *
(l) The maximum balance requirement for registered terminal
equipment connected to digital services specified in Figure 68.310(k)
shall be equaled or exceeded for the range of frequencies applicable
for the equipment under test and under all reasonable conditions of the
application of earth ground to the equipment. All such terminal
[[Page 42394]]
equipment shall have a longitudinal balance in the acceptable region of
Figure 68.310(k). The metallic termination used for the longitudinal
balance measurements for 2.4, 4.8, 9.6, and 56 Kbps shall be 135 Ohms
plus or minus one percent. The metallic termination used for the
longitudinal balance measurements (M-L balance) for subrate, ISDN (BRA)
and PSDS shall be 135 ohms +/- 1% and for 1.544 Mbps and ISDA (PRA)
shall be 100 ohms +/- 1%. The longitudinal termination for these
measurements (L-M balance) shall be 90 ohms in all cases.
* * * * *
14. Section 68.312 is amended by revising paragraph (b)
introductory text, and paragraph (b)(2), removing from paragraph (c)(2)
the words ``paragraph (a)(2)'' and adding in their place the words
``paragraph (b)(2)'', and by revising paragraph (h), introductory text,
to read as follows:
Sec. 68.312 On-hook impedance limitations.
* * * * *
(b) Limitations on individual equipment intended for operation on
loop-start telephone facilities, including PSDS Type II in the analog
mode:
* * * * *
(2) Registered terminal equipment and registered protective
circuitry intended for use on facilities which will always have ringing
detection circuitry in use at the same time such registered terminal
equipment and registered protective circuitry is connected need not
comply with the 40 kilohms maximum impedance specification of paragraph
(b)(1)(iv) of this section.
* * * * *
(h) Limitations on PBX equipment with an off-premises interface and
direct inward dialing (DID). PBX ringing supplies whose output appears
on the off-premises interface leads shall not trip when connected to
the following tip-to-ring impedance which terminates the off-premises
station loop:
* * * * *
[FR Doc. 96-18480 Filed 8-14-96; 8:45 am]
BILLING CODE 6712-01-P
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