issue-1996-01-23•Federal Register final rules — 1996-01-23
Federal Register final rules — 1996-01-23
issue-1996-01-23Federal Register final rules — 1996-01-23Regulation
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. 96-897 Removal of Class D and E2 Airspace; Lawrenceville, GA
[Federal Register Volume 61, Number 15 (Tuesday, January 23, 1996)]
[Rules and Regulations]
[Pages 1705-1706]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-897]
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DEPARTMENT OF TRANSPORTATION
14 CFR Part 71
[Airspace Docket No. 96-ASO-1]
Removal of Class D and E2 Airspace; Lawrenceville, GA
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This amendment removes Class D and E2 airspace at
Lawrenceville, GA. A non-federal control tower being constructed at the
Lawrenceville/Gwinnett County-Briscoe Field Airport, due to be opened
in November, 1995, has been delayed indefinitely. Therefore, the Class
D and E2 surface area airspace for the airport must be revoked.
EFFECTIVE DATE: 0901 UTC, April 25, 1996.
FOR FURTHER INFORMATION CONTACT: Benny L. McGlamery, System Management
Branch, Air Traffic Division, Federal Aviation Administration, P.O. Box
20636, Atlanta, Georgia 30320; telephone (404) 305-5570.
SUPPLEMENTARY INFORMATION:
History
Class D and E2 surface area airspace at Lawrenceville, GA, were
established to support the planned opening of a non-federal control
tower at the Lawrenceville/Gwinnett County-Briscoe Field Airport. Due
to construction problems, the opening has been delayed indefinitely.
Therefore, the Class D and E2 airspace are not necessary. This rule
will become effective on the date specified in the DATES section. Since
this action removes the Class D and E2 surface area airspace, and as a
result, eliminates the impact of Class D and E2 airspace on users of
the airspace in the vicinity of the Lawrenceville/Gwinnett
[[Page 1706]]
County-Briscoe Field Airport, notice and public procedure under 5
U.S.C. 553(b) are unnecessary.
The Rule
This amendment to part 71 of the Federal Aviation Regulations (14
CFR part 71) removes Class D and E2 airspace at Lawrenceville, GA. A
non-federal control tower being constructed at the Lawrenceville/
Gwinnett County-Briscoe Field Airport, due to be opened in November,
1995, has been delayed indefinitely. Therefore, the Class D and E2
surface area airspace established to support the control tower at the
airport must be revoked.
The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore, (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this rule will not have a significant economic impact on
a substantial number of small entities under the criteria of the
Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference, Navigation (air).
Adoption of the Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:
PART 71--[AMENDED]
1. The authority citation for 14 CFR part 71 continues to read as
follows:
Authority: 49 U.S.C. 106(g); 40103, 40113, 40120; EO 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389; 14 CFR 11.69.
Sec. 71.1 [Amended]
2. The incorporation by reference in 14 CFR 71.1 of Federal
Aviation Administration Order 7400.9C, Airspace Designations and
Reporting Points, dated August 17, 1995, and effective September 16,
1995, is amended as follows:
Paragraph 5000 Class D Airspace
* * * * *
ASO GA D Lawrenceville, GA [Removed]
* * * * *
Paragraph 6002 Class E airspace areas designated as a surface area
for an airport
* * * * *
ASO GA E2 Lawrenceville, GA [Removed]
* * * * *
Issued in College Park, Georgia, on January 11, 1996.
Benny L. McGlamery,
Acting Manager, Air Traffic Division, Southern Region.
[FR Doc. 96-897 Filed 1-22-96; 8:45 am]
BILLING CODE 4910-13-M
Complete official Federal Register PDF
FR Doc. 96-875 Approval and Promulgation of Implementation Plans; Ohio; Interim Final Determination That State has Corrected Deficiencies
[Federal Register Volume 61, Number 15 (Tuesday, January 23, 1996)]
[Rules and Regulations]
[Pages 1720-1721]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-875]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[OH91-1-7265a; FRL-5401-6]
Approval and Promulgation of Implementation Plans; Ohio; Interim
Final Determination That State has Corrected Deficiencies
AGENCY: United States Environmental Protection Agency (USEPA).
ACTION: Interim final determination.
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SUMMARY: In the proposed rule section of today's Federal Register,
USEPA is proposing to approve revisions to Ohio's particulate matter
plans for Cuyahoga County and the Steubenville area that the State
submitted on November 3, 1995. The notice of proposed rulemaking
further proposes to conclude that the deficiencies in these plans
identified in rulemaking published on May 27, 1994, at 59 FR 27464,
have now been remedied. Based on that proposed full approval, EPA is
making an interim final determination by this action that the State has
corrected the deficiency for which a sanctions clock began on June 27,
1994. Pursuant to 40 CFR 52.31, this action will defer the application
of the offset sanction and potentially defer the application of the
highway sanction. Although this action is effective upon publication,
EPA will take comment. USEPA will take final action on this
determination at the time it takes final action on the State's
submittal.
DATES: This interim final determination is effective January 23, 1996.
Comments must be received by February 22, 1996.
ADDRESSES: Comments should be sent to: J. Elmer Bortzer, Chief,
Regulation Development Section, Regulation Development Branch (AE-17J),
United States Environmental Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
FOR FURTHER INFORMATION CONTACT: John Summerhays, Regulation
Development Section, Regulation Development Branch (AR-18J), U.S.
Environmental Protection Agency, Region 5, Chicago, Illinois 60604,
(312) 886-6067.
SUPPLEMENTARY INFORMATION:
I. Background
On May 27, 1994, at 59 FR 27464, USEPA published a limited
disapproval in the Federal Register of Ohio's particulate matter plans
for Cuyahoga County and the Steubenville area. USEPA's disapproval
action started an 18-month clock for the application of the offset
sanction (followed by the highway funding sanction 6 months later)
under section 179 of the Clean Air Act. The State subsequently
submitted revisions to the particulate matter plans on November 3,
1995. In the Proposed Rules section of today's Federal Register, USEPA
is proposing full approval of the State submittal.
Based on the proposed approval, USEPA believes that it is more
likely than not that the State has corrected the deficiencies
underlying the original disapproval. Therefore, USEPA is taking this
final rulemaking action, effective on publication, finding that the
State has corrected the deficiencies. Nevertheless, USEPA is providing
the public with an opportunity to comment on this final action. If
warranted, USEPA will reverse this determination, potentially in
conjunction with reproposed action on the State's submittal. In any
case, USEPA plans final action on its determination of whether the
deficiencies have been corrected in conjunction with final rulemaking
on the State's submittal.
This action does not stop the sanctions clock that started for this
area on June 27, 1994. However, this action will defer the application
of the offsets sanction and will defer the application of the highway
sanction. See 59 FR 39832 (August 4, 1994), codified at 40 CFR 52.31.
If USEPA determines, as a result of public comment, that the State's
submittal is not fully approvable and this final action was
inappropriate, USEPA will either propose or take final action finding
that the State has not corrected the original disapproval deficiency,
at which time (subsequent to December 27, 1995) the offset sanction
shall apply. Alternatively, if USEPA takes final action fully approving
the State's submittal, such action will permanently stop the sanctions
clock and will permanently lift any applied or deferred sanctions. In
the meantime, pending further rulemaking, the application of sanctions
will be deferred.
II. EPA Action
EPA is taking interim final action finding that the State has
corrected the deficiencies that started the sanctions clock with
respect to particulate matter plans for the Cuyahoga County and
Steubenville nonattainment areas. Based on this action, application of
the offset sanction and the highway sanction will be deferred until
final action fully approving the State's submittal becomes effective or
until USEPA takes action proposing or finally disapproving in whole or
part the State submittal. If USEPA takes final action fully approving
the State submittal, the sanctions clocks will be permanently stopped
and any applied or deferred sanctions will be permanently lifted.
Because USEPA has preliminarily determined that the State has an
approvable plan, relief from sanctions should be provided as quickly as
possible. Therefore, USEPA is invoking the good cause exception under
the Administrative Procedure Act (APA) in not providing an opportunity
for comment before this action takes effect.1 5 U.S.C.
Sec. 553(b)(B). USEPA believes that notice-and-comment rulemaking
before the effective date of this action is impracticable and contrary
to the public interest. USEPA has reviewed the State's submittal and,
through its proposed action, is indicating that it is more likely than
not that the State has corrected the deficiency that started the
sanctions clock. Therefore, it is not in the public interest to
initially impose sanctions when the State has most likely done all that
it can to correct the deficiency that triggered the sanctions clock.
Moreover, it would be impracticable to go through notice-and comment
rulemaking on a finding that the State has corrected the deficiency
prior to the rulemaking approving the State's submittal. Therefore,
USEPA believes that it is necessary to use the interim final rulemaking
process to temporarily defer sanctions while USEPA completes its
rulemaking process on the approvability of the State's submittal.
Moreover, with respect to the effective date of this action, USEPA is
invoking the good cause exception to the 30-day notice requirement of
the APA because the
[[Page 1721]]
purpose of this notice is to relieve a restriction. See 5 U.S.C.
Sec. 553(d)(1).
\1\ As previously noted, however, by this action EPA is
providing the public with a chance to comment on EPA's determination
after the effective date and EPA will consider any comments received
in determining whether to reverse such action.
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Under the Regulatory Flexibility Act, 5 U.S.C. Section 600 et seq.,
USEPA must prepare a regulatory flexibility analysis assessing the
impact of any proposed or final rule on small entities. 5 U.S.C.
sections 603 and 604. Alternatively, USEPA may certify that the rule
will not have a significant economic impact on a substantial number of
small entities. Small entities include small businesses, small not-for-
profit enterprises, and government entities with jurisdiction over
populations of less than 50,000. This action temporarily relieves
sources of an additional burden potentially placed on them by the
sanctions provisions of the Act. Therefore, I certify that it does not
have an impact on any small entities.
Under Sections 202, 203, and 205 of the Unfunded Mandates Reform
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22,
1995, USEPA must undertake various actions in association with proposed
or final rules that include a Federal mandate that may result in
estimated costs of $100 million or more to the private sector or to
State, local, or tribal governments in the aggregate. This interim
final determination temporarily relieves sources of an additional
burden potentially placed on them by the sanctions provisions of the
Act. Therefore, no additional costs to State, local, or tribal
governments or to the private sector result from this action. USEPA has
also determined that this action does not include a mandate that may
result in estimated costs of $100 million or more to State, local, or
tribal governments in the aggregate or to the private sector.
The Office of Management and Budget (OMB) has exempted this action
from review under Executive Order 12866.
List of Subjects in 40 CFR Part 52
Air Pollution control, Environmental protection, Intergovernmental
relations, Particulate matter, Reporting and record keeping
requirements.
Dated: December 13, 1995.
Gail C. Ginsberg,
Acting Regional Administrator.
[FR Doc. 96-875 Filed 1-22-96; 8:45 am]
BILLING CODE 6560-50-P
Complete official Federal Register PDF
FR Doc. 96-870 Specifically Approved States Authorized To Receive Mares and Stallions Imported From Countries Where CEM Exists
[Federal Register Volume 61, Number 15 (Tuesday, January 23, 1996)]
[Rules and Regulations]
[Pages 1697-1699]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-870]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 92
[Docket No. 95-092-1]
Specifically Approved States Authorized To Receive Mares and
Stallions Imported From Countries Where CEM Exists
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Direct final rule.
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SUMMARY: We are amending the animal importation regulations by adding
Alabama and North Carolina to the list of States approved to receive
certain mares imported into the United States from countries affected
with contagious equine metritis (CEM). We are also adding Alabama to
the list of States approved to receive certain stallions imported into
the United States from countries affected with CEM. We are taking this
action because Alabama and North Carolina have entered into an
agreement with the Administrator of the Animal and Plant Health
Inspection Service to enforce their State laws and regulations to
control CEM and to require inspection, treatment, and testing of
horses, as required by Federal regulations, to further ensure the
horses' freedom from CEM. This action relieves unnecessary restrictions
on importers of
[[Page 1698]]
mares and stallions from countries where CEM exists.
DATES: This rule will be effective on March 25, 1996 unless we receive
written adverse comments or written notice of intent to submit adverse
comments on or before February 22, 1996.
ADDRESSES: Please send an original and three copies of any adverse
comments or notice of intent to submit adverse comments to Docket No.
95-092-1, Regulatory Analysis and Development, PPD, APHIS, suite 3C03,
4700 River Road, Unit 118, Riverdale, MD 20737-1238. Please state that
your submission refers to Docket No. 95-092-1. Submissions received may
be inspected at USDA, room 1141, South Building, 14th Street and
Independence Avenue SW., Washington, DC, between 8 a.m. and 4:30 p.m.,
Monday through Friday, except holidays. Persons wishing to inspect
comments and notices are requested to call ahead on (202) 690-2817 to
facilitate entry into the comment reading room.
FOR FURTHER INFORMATION CONTACT: Dr. Joyce Bowling, Staff Veterinarian,
Import/Export Animals, National Center for Import and Export, VS,
APHIS, 4700 River Road, Unit 39, Riverdale, MD 20737-1231, (301) 734-
6479.
SUPPLEMENTARY INFORMATION:
Background
The animal importation regulations (contained in 9 CFR part 92 and
referred to below as the regulations), among other things, prohibit or
restrict the importation of certain animals, including horses, into the
United States to protect U.S. livestock from communicable diseases.
Sections 92.301(c)(2), 92.304(a)(4)(ii), and 92.304(a)(7)(ii) allow
certain horses to be imported into the United States from certain
countries where contagious equine metritis (CEM) exists if specific
requirements to prevent their introducing CEM into the United States
are met.
Mares and stallions over 731 days old must be consigned to States
that have been approved by the Administrator of the Animal and Plant
Health Inspection Service (APHIS) as meeting conditions necessary to
ensure that the mares and stallions are free of CEM. These conditions,
which concern inspection, treatment, and testing of the mares and
stallions, are contained in Sec. 92.304(a)(5) of the regulations for
stallions and in Sec. 92.304(a)(8) of the regulations for mares.
Alabama and North Carolina have agreed to abide by the State
regulations concerning mares and stallions imported from countries
where CEM exists, and have entered into a written agreement with the
Administrator, APHIS, to enforce their State laws and regulations, as
required by the regulations, to control CEM.
This direct final rule will add Alabama and North Carolina to the
list of States approved to receive certain mares
(Sec. 92.304(a)(7)(ii)) imported into the United States from countries
where CEM exists. This direct final rule will also add Alabama to the
list of States approved to receive certain stallions
(Sec. 92.304(a)(4)(ii)) imported into the United States from countries
where CEM exists. (North Carolina is already on the list in
Sec. 92.304(a)(4)(ii) of States approved to receive certain stallions
imported into the United States from countries where CEM exists.)
Dates
We are publishing this rule without a prior proposal because we
view this action as noncontroversial and anticipate no adverse public
comment. This rule will be effective, as published in this document, 60
days after the date of publication in the Federal Register unless we
receive written adverse comments or written notice of intent to submit
adverse comments within 30 days of the date of publication of this rule
in the Federal Register.
Adverse comments are comments that suggest the rule should not be
adopted or that suggest the rule should be changed.
If we receive written adverse comments or written notice of intent
to submit adverse comments, we will publish a notice in the Federal
Register withdrawing this rule before the effective date. We will then
publish a proposed rule for public comment. Following the close of that
comment period, the comments will be considered, and a final rule
addressing the comments will be published.
As discussed above, if we receive no written adverse comments nor
written notice of intent to submit adverse comments within 30 days of
publication of this direct final rule, this direct final rule will
become effective 60 days following its publication. We will publish a
notice to this effect in the Federal Register, before the effective
date of this direct final rule, confirming that it is effective on the
date indicated in this document.
Executive Order 12866 and Regulatory Flexibility Act
This rule has been reviewed under Executive Order 12866. For this
action, the Office of Management and Budget has waived its review
process required by Executive Order 12866.
We anticipate that fewer than 20 mares and stallions over 731 days
old will be imported into the States of Alabama and North Carolina
annually from countries where CEM exists. Approximately 200-300 mares
and stallions over 731 days old from countries where CEM exists were
imported into approved States in fiscal year 1995. During this same
period, approximately 2,167 horses of all classes were imported into
the United States from countries other than Canada and Mexico through
air and ocean ports; approximately 27,565 horses were imported from
Canada; and, approximately 15,358 horses were imported from Mexico.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action will
not have a significant economic impact on a substantial number of small
entities.
Executive Order 12372
This program/activity is listed in the Catalog of Federal Domestic
Assistance under No. 10.025 and is subject to Executive Order 12372,
which requires intergovernmental consultation with State and local
officials. (See 7 CFR part 3015, subpart V.)
Executive Order 12778
This rule has been reviewed under Executive Order 12778, Civil
Justice Reform. This rule: (1) Preempts all State and local laws and
regulations that are in conflict with this rule; (2) has no retroactive
effect; and (3) does not require administrative proceedings before
parties may file suit in court challenging this rule.
Paperwork Reduction Act
This rule contains no information collection or recordkeeping
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
List of Subjects in 9 CFR Part 92
Animal diseases, Imports, Livestock, Poultry and poultry products,
Quarantine, Reporting and recordkeeping requirements.
Accordingly, 9 CFR part 92 is amended as follows:
PART 92--IMPORTATION OF CERTAIN ANIMALS AND POULTRY AND CERTAIN
ANIMAL AND POULTRY PRODUCTS; INSPECTION AND OTHER REQUIREMENTS FOR
CERTAIN MEANS OF CONVEYANCE AND SHIPPING CONTAINERS THEREON
1. The authority citation for part 92 continues to read as follows:
[[Page 1699]]
Authority: 7 U.S.C. 1622; 19 U.S.C. 1306; 21 U.S.C. 102-105,
111, 114a, 134a, 134b, 134c, 134d, 134f, 135, 136, and 136a; 31
U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.2(d).
Sec. 92.304 [Amended]
2. Section 92.304 is amended as follows:
a. In paragraph (a)(4)(ii), by adding, in alphabetical order, ``The
State of Alabama''.
b. In paragraph (a)(7)(ii), by adding, in alphabetical order, ``The
State of Alabama'' and ``The State of North Carolina''.
Done in Washington, DC, this 17th day of January 1996.
Terry L. Medley,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 96-870 Filed 1-22-96; 8:45 am]
BILLING CODE 3410-34-P
Complete official Federal Register PDF
FR Doc. 96-850 Amendment of Class E Airspace; Ogden, UT
[Federal Register Volume 61, Number 15 (Tuesday, January 23, 1996)]
[Rules and Regulations]
[Pages 1706-1707]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-850]
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DEPARTMENT OF TRANSPORTATION
14 CFR Part 71
[Airspace Docket No. 95-ANM-16]
Amendment of Class E Airspace; Ogden, UT
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This action amends the Ogden, Utah, Class E airspace to
accommodate new holding fixes for air traffic associated with the
commissioning of the new runway at Salt Lake City International
Airport, Salt Lake City, Utah. The amendment brings publications up-to-
date giving continuous information to the aviation public.
EFFECTIVE DATE: 0901 UTC, February 29, 1996.
FOR FURTHER INFORMATION CONTACT:
James Riley, ANM-537, Federal Aviation Administration, Docket No. 95-
ANM-16, 1601 Lind Avenue SW., Renton, Washington, 98055-4056; telephone
number: (206) 227-2537.
SUPPLEMENTARY INFORMATION:
History
On September 29, 1995, the FAA proposed to amend part 71 of Federal
Aviation Regulations (14 CFR part 71) by amending the Salt Lake City,
Utah, Class E airspace designation (60 FR 50506). Interested parties
were invited to participate in the rulemaking proceeding by submitting
written comments on the proposal. No comments were received.
The coordinates for this airspace docket are based on North
American Datum 83. Class E airspace is published in Paragraph 6005 of
FAA Order 7400.9C dated August 17, 1995, and effective September 16,
1995 which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designation listed in this document will be published
subsequently in the Order.
The Rule
This amendment to part 71 of Federal Aviation Regulations amends
Class E airspace at Ogden, Utah. The FAA has determined that this
proposed regulation only involves an established body of technical
regulations for which frequent and routine amendments are necessary to
keep them operationally current. It, therefore, (1) is not a
``significant regulatory action'' under Executive Order 12866; (2) is
not a ``significant rule'' under DOT Regulatory Policies and Procedures
(44 FR 11034; February 26, 1979); and (3) does not warrant preparation
of a regulatory evaluation as the anticipated impact is so minimal.
Since this is a routine matter that will only affect air traffic
procedures and air navigation, it is certified that this rule will not
have a significant economic impact on a substantial number of small
entities under the criteria of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference, Navigation (air).
Adoption of the Amendment
In consideration of the foregoing, 14 CFR part 71 is amended as
follows:
PART 71--[AMENDED]
1. The authority citation for 14 CFR part 71 continues to read as
follows:
Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389, 14 CFR 11.69.
Sec. 71.1 [Amended]
2. The incorporation by reference in 14 CFR 71.1 of the Federal
Aviation Administration Order 7400.9C, Airspace Designations and
Reporting Points, dated August 17, 1995, and effective September 16,
1995, is amended as follows:
Paragraph 6005-Class E airspace areas extending upward from 700
feet or more above the surface of the earth
* * * * *
ANM UT E5 Ogden, UT [Revised]
Ogden-Hinckley Field, UT
(lat. 41 deg.11'46'' N, long. 112 deg.00'44'' W)
Ogden VORTAC
(lat. 41 deg.13'27'' N, long. 112 deg.05'54'' W)
That airspace extending upward from 700 feet above the surface
bounded on the north by lat. 41 deg.27'00'' N, on the east by long.
111 deg.55'03'' W, on the south by lat. 41 deg.00'00'' N, and on the
west by long. 112 deg.22'03'' W, and within 4 miles southwest and
8.3 miles northeast of the Ogden VORTAC 316 deg. radial extending
from the VORTAC to 16.1 miles northwest of the VORTAC; that airspace
extending upward from 1,200 feet above the surface bounded on the
east by long. 111 deg.50'03'' W, on the south by lat. 41 deg.00'00''
N, on the west by long. 112 deg.45'03'' W, and on the north by the
south boundary of V-288,
[[Page 1707]]
that airspace west of Ogden bounded on the south and west by the
Wendover Airport, UT, Class E airspace area, on the north by V-6 and
on the east by long. 112 deg.45'03'' W, that airspace west of Ogden
bounded on the east by long. 112 deg.45'03'' W, on the south by V-6
and on the north by V-288, that airspace northwest of Ogden within
8.7 miles southwest of the Ogden VORTAC 316 deg. radial extending
from the north boundary of V-288 to 54.9 miles northwest of the
VORTAC, that airspace northwest of Ogden bounded on the southwest by
V-101, on the northwest by C-142-464, and on the east by V-257 that
airspace north of Ogden within 8.7 miles west and 6.1 miles east of
Ogden VORTAC 345 deg. radial extending from the north boundary of V-
288 to 36.6 miles north of the VORTAC, excluding that airspace
within the 1,200-foot floor of the Logan, UT, Class E airspace area;
that airspace east of Ogden extending upward from 10,500 feet MSL
bounded on the north by V-288, on the south by V-6 and on the west
by long. 111 deg.50'03'' W, and that airspace bounded on the north
by V-6, on the southeast by V-32, on the south by lat.
41 deg.00'00'' N, and on the west by long. 111 deg.50'03'' W; that
airspace extending upward from 8.500 feet MSL bounded on the north
by the intersection of V-484 and V-465, east along V-465 to V-101,
southeast along V-101, southeast along V-101 to V-288, west along V-
288 to V-484, northwest along V-484 to the point of beginning,
excluding the 1,200-foot floor of the Ogden-Hinckley, UT, Class E
airspace areas and that airspace within the confines of Federal
airways.
* * * * *
Issued in Seattle, Washington, on December 19, 1995.
Richard E. Prang,
Acting Assistance Manager, Air Traffic Division, Northwest Mountain
Region.
[FR Doc. 96-850 Filed 1-22-96; 8:45 am]
BILLING CODE 4910-13-M
Complete official Federal Register PDF
FR Doc. 96-849 Amendment to Class E Airspace; Jasper, GA
[Federal Register Volume 61, Number 15 (Tuesday, January 23, 1996)]
[Rules and Regulations]
[Page 1705]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-849]
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DEPARTMENT OF TRANSPORTATION
14 CFR Part 71
[Airspace Docket No. 95-ASO-24]
Amendment to Class E Airspace; Jasper, GA
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This amendment modifies the Class E airspace area at Jasper,
GA, to accommodate a NDB RWY 04 Standard Instrument Approach Procedure
(SIAP) at Canton, GA, for the Cherokee County Airport. Additional
controlled airspace extending upward from 700 feet above the surface
(AGL) is needed to accommodate this SIAP and for instrument flight
rules (IFR) operations at the airport.
EFFECTIVE DATE: 0901 UTC, April 25, 1996.
FOR FURTHER INFORMATION CONTACT:
Benny L. McGlamery, System Management Branch, Air Traffic Division,
Federal Aviation Administration, P.O. Box 20636, Atlanta, Georgia
30320; telephone (404) 305-5570.
SUPPLEMENTARY INFORMATION:
History
On November 24, 1995, the FAA proposed to amend part 71 of the
Federal Aviation Regulations (14 CFR part 71) by modifying Class E
airspace at Jasper, GA (60 FR 58021). This action would provide
adequate Class E airspace for IFR operations at the Cherokee County
Airport.
Interested parties were invited to participate in this rulemaking
proceeding by submitting written comments on the proposal to the FAA.
No comments objecting to the proposal were received. Designations for
Class E airspace extending upward from 700 feet or more above the
surface are published in paragraph 6005 of FAA Order 7400.9C dated
August 17, 1995, and effective September 16, 1996. The Class E airspace
designation listed in this document will be published subsequently in
the Order.
The Rule
This amendment to part 71 of the Federal Aviation Regulations (14
CFR part 71) modifies Class E airspace at Jasper, GA, to accommodate a
NDB RWY 04 SIAP and for IFR operations at Canton, GA, for the Cherokee
County Airport.
The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore, (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this rule will not have a significant economic impact on
a substantial number of small entities under the criteria of the
Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference, Navigation (air).
Adoption of the Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:
PART 71--[AMENDED]
1. The authority citation for 14 CFR part 71 continues to read as
follows:
Authority: 49 U.S.C. 106(g); 40103, 40113, 40120; EO 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389; 14 CFR 11.69.
Sec. 71.1 [Amended]
2. The incorporation by reference in 14 CFR 71.1 of Federal
Aviation Administration Order 7400.9C, Airspace Designations and
Reporting Points, dated August 17, 1995, and effective September 16,
1995, is amended as follows:
Paragraph 6005 Class E airspace areas extending upward from 700
feet above the surface of the earth.
* * * * *
ASO GA E5 Jasper, GA [Revised]
Jasper/Pickens County Airport, GA
(lat. 34 deg.27'05'' N, long. 84 deg.27'24'' W)
Canton/Cherokee County Airport
(lat. 34 deg.18'38'' N, long. 84 deg.25'26'' W)
That airspace extending upward from 700 feet above the surface
within a 10-mile radius of the Jasper/Pickens County Airport and
within a 8.5-mile radius of the Canton/Cherokee County Airport.
* * * * *
Issued in College Park, Georgia, on January 9, 1996.
Benny L. McGlamery,
Acting Manager, Air Traffic Division, Southern Region.
[FR Doc. 96-849 Filed 1-22-96; 8:45 am]
BILLING CODE 4910-13-M
Complete official Federal Register PDF
FR Doc. 96-845 Airworthiness Directives; Boeing Model 747-100 and -200 Series Airplanes Modified in Accordance With Supplemental Type Certificate (STC) SA2322SO or SA4227NM-D.
[Federal Register Volume 61, Number 15 (Tuesday, January 23, 1996)]
[Rules and Regulations]
[Pages 1703-1705]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-845]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 96-NM-01-AD; Amendment 39-9492; AD 96-01-51]
Airworthiness Directives; Boeing Model 747-100 and -200 Series
Airplanes Modified in Accordance With Supplemental Type Certificate
(STC) SA2322SO or SA4227NM-D.
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: This document publishes in the Federal Register an amendment
adopting Airworthiness Directive (AD) T96-01-51 that was sent
previously to all known U.S. owners and operators of certain Boeing
Model 747-100 and -200 airplanes by individual telegrams. This AD
requires repetitive inspections of the latch safety pins of the main
deck side cargo door to ensure that the door is securely latched and
locked; it also requires deactivation of certain panel lights and
installation of a placard to indicate such deactivation. This amendment
is prompted by a report of a malfunction of the safety interlock system
of the main deck side cargo door on one airplane. The actions specified
by this AD are intended to prevent such malfunctions, which could
result in the opening of the main deck side cargo door while the
airplane is in flight, and subsequent rapid decompression of the
airplane.
DATES: Effective January 29, 1996, to all persons except those persons
to whom it was made immediately effective by telegraphic AD T96-01-51,
issued January 3, 1996, which contained the requirements of this
amendment.
Comments for inclusion in the Rules Docket must be received on or
before March 25, 1996.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-103,
Attention: Rules Docket No. 96-NM-01-AD, 1601 Lind Avenue, SW., Renton,
Washington 98055-4056.
Information pertinent to this rulemaking action may be examined at
the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington; or at the FAA, Small Airplane Directorate, Atlanta Aircraft
Certification Office, Campus Building, 1701 Columbia Avenue, Suite 2-
160, College Park, Georgia.
FOR FURTHER INFORMATION CONTACT: Randy Avera, Aerospace Engineer,
Systems and Equipment Branch, ACE-130A, FAA, Small Airplane
Directorate, Atlanta Aircraft Certification Office, Campus Building,
1701 Columbia Avenue, Suite 2-160, College Park, Georgia 30337-2748;
telephone (404) 305-7381; fax (404) 305-7348.
SUPPLEMENTARY INFORMATION: The FAA has recently received a report that
the flightcrew on a Boeing Model 747-100 series airplane noted an
abnormal cabin altitude rate of climb. Although the pressurization vent
door light was not illuminated (which signified to the flightcrew that
the door was closed and locked), the flightcrew was unable to
pressurize the airplane. The flightcrew also noted that the main deck
side cargo door ``DOOR UNLOCKED'' light illuminated shortly after
takeoff. Investigation revealed that 11 of the 12 latches on the main
deck side cargo door were unlatched and unlocked. However, the
pressurization vent door was closed and locked; this would signify that
a malfunction of the safety interlock system had occurred.
A properly functioning safety interlock system electro-mechanically
prevents the pressurization vent door from closing until all of the
latches are in the fully latched and locked position. If the
pressurization vent door is not closed, the airplane cannot be
pressurized.
Although the original cause of the failure to properly latch the
door may be attributable to human error, the purpose of the interlock
system is to ensure that such errors are detected so that the airplane
cannot be pressurized unless the main deck side cargo door is properly
latched and locked. Malfunction of the safety interlock system of the
main deck side cargo door, if not corrected, could result in an in-
flight opening of the main deck side cargo door, and subsequent rapid
decompression of the airplane.
The airplane in the reported incident was a Model 747-100 series
airplane that had been modified in accordance with Supplemental Type
Certificate (STC) SA2322SO. The modification entailed the installation
of a main deck side cargo door as part of a conversion of the airplane
from a passenger configuration to a special freighter configuration.
Since STC SA2322SO for Model 747-100 series airplanes is similar in
design to STC SA4227NM-D for Model 747-200 series airplanes, the FAA
has determined that the unsafe condition may also exist on a MODEL 747-
200 series airplane that has been modified in accordance with STC
SA4227NM-D. (Likewise, that STC entails the conversion of a Model 747-
200 series airplane from a passenger configuration to a special
freighter configuration.)
Since the unsafe condition described is likely to exist or develop
on other airplanes of the same type design, the FAA issued Telegraphic
AD T96-01-51 to prevent malfunction of the safety interlock system of
the main deck cargo door, which could result in the opening of the main
deck side cargo door during flight, and subsequent rapid decompression
of the airplane. The AD requires repetitive inspections of the latch
safety pins of the main deck side cargo door to ensure that the door is
securely latched and locked. The AD also requires deactivation of the
``LATCHES UNLOCKED'' light at the door operating panel, and the ``DOOR
UNLOCKED'' light at the flight engineer (F/E) panel; as well as the
fabrication and installation of a placard to indicate that the ``DOOR
UNLOCK'' light at the F/E panel has been deactivated. These actions are
required to be accomplished in accordance with a method approved by the
FAA.
The AD also provides for the termination of these requirements
following accomplishment of a modification that positively addresses
the identified unsafe condition and that has been approved by the FAA.
Since it was found that immediate corrective action was required,
notice and opportunity for prior public comment thereon were
impracticable and contrary to the public interest, and good cause
existed to make the AD effective immediately by individual telegrams
issued on January 3, 1996, to all known U.S. owners and operators of
the affected Boeing Model 747-100 and -200 series airplanes. These
conditions still exist, and the AD is hereby published in the Federal
Register as an amendment to section 39.13 of the Federal Aviation
Regulations (14 CFR 39.13) to make it effective to all persons.
This is considered to be interim action until final action is
identified, at which time the FAA may consider further rulemaking.
[[Page 1704]]
Comments Invited
Although this action is in the form of a final rule that involves
requirements affecting flight safety and, thus, was not preceded by
notice and an opportunity for public comment, comments are invited on
this rule. Interested persons are invited to comment on this rule by
submitting such written data, views, or arguments as they may desire.
Communications shall identify the Rules Docket number and be submitted
in triplicate to the address specified under the caption ADDRESSES. All
communications received on or before the closing date for comments will
be considered, and this rule may be amended in light of the comments
received. Factual information that supports the commenter's ideas and
suggestions is extremely helpful in evaluating the effectiveness of the
AD action and determining whether additional rulemaking action would be
needed.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the rule that might
suggest a need to modify the rule. All comments submitted will be
available, both before and after the closing date for comments, in the
Rules Docket for examination by interested persons. A report that
summarizes each FAA-public contact concerned with the substance of this
AD will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this rule must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 96-NM-01-AD.'' The postcard will be date stamped and
returned to the commenter.
The regulations adopted herein will not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government. Therefore, in
accordance with Executive Order 12612, it is determined that this final
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
The FAA has determined that this regulation is an emergency
regulation that must be issued immediately to correct an unsafe
condition in aircraft, and that it is not a ``significant regulatory
action'' under Executive Order 12866. It has been determined further
that this action involves an emergency regulation under DOT Regulatory
Policies and Procedures (44 FR 11034, February 26, 1979). If it is
determined that this emergency regulation otherwise would be
significant under DOT Regulatory Policies and Procedures, a final
regulatory evaluation will be prepared and placed in the Rules Docket.
A copy of it, if filed, may be obtained from the Rules Docket at the
location provided under the caption ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (14 CFR part 39) as follows:
PART 39--AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 USC 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding the following new
airworthiness directive:
96-01-51 Boeing: Amendment 39-9492. Docket 96-NM-01-AD.
Applicability: Model 747-100 series airplanes having serial
numbers 19637, 19638, 19642, 19647, 19648, 19657, 19725, 20320, and
20347, that have been modified in accordance with Supplemental Type
Certificate (STC) SA2322SO; and Model 747-200 series airplane having
serial number 20010 that has been modified in accordance with STC
SA4227NM-D; certificated in any category.
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
otherwise modified, altered, or repaired in the area subject to the
requirements of this AD. For airplanes that have been modified,
altered, or repaired so that the performance of the requirements of
this AD is affected, the owner/operator must use the authority
provided in paragraph (d) of this AD to request approval from the
FAA. This approval may address either no action, if the current
configuration eliminates the unsafe condition; or different actions
necessary to address the unsafe condition described in this AD. Such
a request should include an assessment of the effect of the changed
configuration on the unsafe condition addressed by this AD. In no
case does the presence of any modification, alteration, or repair
remove any airplane from the applicability of this AD.
Compliance: Required as indicated, unless accomplished
previously.
To prevent malfunction of the safety interlock system of the
main deck cargo door and subsequent rapid decompression of the
airplane due to in-flight opening of the main deck side cargo door,
accomplish the following:
(a) Notwithstanding the requirements of paragraph E. of AD 90-
09-06, amendment 39-6581, within 3 days after the effective date of
this AD, deactivate the ``LATCHES UNLOCKED'' light at the door
operating panel and the ``DOOR UNLOCKED'' light at the flight
engineer (F/E) panel; and fabricate and install placards; in
accordance with a method approved by the Manager, Atlanta Aircraft
Certification Office (ACO), FAA, Small Airplane Directorate.
(b) Within 3 days after the effective date of this AD,
accomplish the requirements of paragraphs (b)(1), (b)(2), (b)(3),
(b)(4), (b)(5), AND (b)(6) of this AD. Repeat these procedures
thereafter prior to each flight. These procedures must be performed
by properly trained and qualified maintenance personnel.
(1) Close the main deck side cargo door in accordance with
normal operations procedures.
(2) Unscrew, lift, and secure the door lower access panels in
the ``UP'' position.
(3) Perform a visual inspection of all 12 latch and lock arms to
ensure that they are overcenter in the ``LOCKED'' position and that
all alignment marks line-up correctly.
(4) Perform a detailed visual inspection to ensure that the ten
photo scanner alignment holes in latches 2 through 11 have no
obstructions.
(i) Counting forward to aft, install pins in photo scanner
alignment holes in latch assemblies 2 through 11. The safety pins
must engage the lock arm and latch arm lever, and go completely
through the latch assembly.
(ii) All latch safety pins must be fastened together with a
safety cable, and the safety cable must be attached to the main deck
door sill protector.
(iii) Lower and secure the lower access panels in place.
(iv) Open circuit breaker HC5, located on P-10, main power
center-left.
(5) To close the pressure vent door on the main deck side cargo
door, accomplish paragraphs (b)(5)(i), (b)(5)(ii), (b)(5)(iii), AND
(b)(5)(iv) of this AD:
(i) Remove pressure vent door cover;
(ii) Manually retract the two solenoid valves to allow pressure
vent door closure;
(iii) Close pressure vent door; and
(iv) Replace vent door cover.
(6) All safety pins must be removed before opening or operating
cargo door.
(c) Accomplishment of a modification in accordance with a method
approved by the Manager, Atlanta ACO, FAA, Small Airplane
Directorate, constitutes terminating action for the requirements of
this AD.
(d) An alternative method of compliance or adjustment of the
compliance time that provides an acceptable level of safety may be
used if approved by the Manager, Atlanta ACO, FAA, Small Airplane
Directorate. Operators shall submit their requests through an
appropriate FAA Principal Maintenance Inspector, who may add
comments and then send it to the Manager, Atlanta ACO.
Note 2: Information concerning the existence of approved
alternative methods of
[[Page 1705]]
compliance with this AD, if any, may be obtained from the Atlanta ACO.
(e) Special flight permits may be issued in accordance with
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the airplane to a location where
the requirements of this AD can be accomplished.
(f) This amendment becomes effective on January 29, 1996, to all
persons except those persons to whom it was made immediately
effective by telegraphic AD T96-01-51, issued on January 3, 1996,
which contained the requirements of this amendment.
Issued in Renton, Washington, on January 17, 1996.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 96-845 Filed 1-22-96; 8:45 am]
BILLING CODE 4910-13-P
Complete official Federal Register PDF
FR Doc. 96-832 HOME Investment Partnerships Program
[Federal Register Volume 61, Number 15 (Tuesday, January 23, 1996)]
[Rules and Regulations]
[Pages 1824-1825]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-832]
[[Page 1823]]
_______________________________________________________________________
Part III
Department of Housing and Urban Development
_______________________________________________________________________
Office of the Secretary
_______________________________________________________________________
24 CFR Part 92
HOME Investment Partnerships Program; Interim Rule
Federal Register / Vol. 61, No. 15 / Tuesday, January 23, 1996 /
Rules and Regulations
[[Page 1824]]
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of the Secretary
24 CFR Part 92
[Docket No. FR-3836-I-02]
RIN 2501-AB94
HOME Investment Partnerships Program
AGENCY: Office of the Secretary, HUD.
ACTION: Interim rule.
-----------------------------------------------------------------------
SUMMARY: This interim rule amends the existing interim rule for the
HOME Investment Partnerships Program by implementing a change in the
operation of the HOME formula to maximize the number of units of
general local government which receive an initial allocation of HOME
funds.
EFFECTIVE DATE: February 22, 1996.
FOR FURTHER INFORMATION CONTACT: Mary Kolesar, Director, Program Policy
Division, Office of Affordable Housing Programs, 451 Seventh Street,
S.W., Washington, D.C. 20410, telephone (202) 708-2470, TDD (202) 708-
2565. (These are not toll-free numbers.)
SUPPLEMENTARY INFORMATION:
I. Paperwork Reduction Act Statement
The information collection requirements for the HOME Program have
been approved by the Office of Management and Budget in accordance with
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520), and assigned
OMB control number 2501-0013. This interim rule does not contain
additional information requirements. An agency may not conduct or
sponsor, and a person is not required to respond to, a collection of
information unless the collection displays a valid control number.
II. Background
On July 12, 1995 (60 FR 36012), the Department published a proposed
rule to make a change in the operation of the HOME formula. It was
proposed that Section 92.50(d)(3) would be revised to maximize the
number of units of general local government which receive an initial
allocation of HOME funds.
Formerly, units of general local government, after an initial
distribution of funds available for allocation, were eliminated at
$250,000 and below from the pool of eligible jurisdictions and their
allocations were redistributed among other units of general local
government. This redistribution technique continued until 95% of the
funds had been distributed among units of general local government that
received $500,000 or more. The new method would drop only one
jurisdiction on each recalculation, and redistribute funds to all
others, thus assuring that the maximum number of units of general local
government receive an allocation.
The Department received 9 comments on this section of the proposed
rule.
On the formula redistribution technique to maximize the number of
participating jurisdictions, seven commenters favored the change while
two did not. One of the two commenters felt that additional performance
criteria should be added to the formula calculations rewarding good
performance.
The Department agrees with the majority of comments received that
maximizing the number of participating jurisdictions which receive the
minimum allocation is a positive change. With respect to the comment
suggesting additional performance criteria, adding such criteria
without further public comment would not be appropriate. Therefore, the
Department is revising the formula technique as proposed in the July
12, 1995 rule. This rule is being published as an interim rule and not
as a final rule because the HOME program regulation at 24 CFR part 92
has not yet been issued as a final rule.
III. Findings and Certifications
Environmental Review
A Finding of No Significant Impact with respect to the environment
has been made in accordance with HUD regulations at 24 CFR part 50,
which implement section 102(2)(C) of the National Environmental Policy
Act of 1969. The Finding of No Significant Impact is available for
public inspection between 7:30 a.m. and 5:30 p.m. weekdays in the
Office of the Rules Docket Clerk.
Regulatory Planning and Review
This interim rule has been reviewed in accordance with Executive
Order 12866, issued by the President on September 30, 1993 (58 FR
51735, October 4, 1993). Any changes to the rule resulting from this
review are available for public inspection between 7:30 a.m. and 5:30
p.m. weekdays in the Office of the Rules Docket Clerk.
Impact on Small Entities
In accordance with the Regulatory Flexibility Act (5 U.S.C.
605(b)), the undersigned hereby certifies that this interim rule does
not have a significant economic impact on a substantial number of small
entities, because jurisdictions that are statutorily eligible to
receive formula allocations are relatively larger cities, counties or
States.
Federalism Impact
The General Counsel has determined, as the Designated Official for
HUD under section 6(a) of Executive Order 12612, Federalism, that this
interim rule does not have federalism implications concerning the
division of local, State, and federal responsibilities. While the HOME
Program interim rule amended by this interim rule was determined to be
a rule with federalism implications and the Department submitted a
Federalism Assessment concerning the interim rule to OMB, this rule
would only make a limited adjustment to the interim rule and does not
significantly affect any of the factors considered in the Federalism
Assessment for the interim rule.
Impact on the Family
The General Counsel, as the designated official under Executive
Order 12606, The Family, has determined that this interim rule would
have an indirect, though beneficial, impact on family formation,
maintenance, and general well-being. As such, it is not subject to
further review under the Order.
The Catalog of Federal Domestic Assistance Number for the HOME
Program is 14.239.
List of Subjects in 24 CFR Part 92
Administrative practice and procedure, Grant programs--housing and
community development, Grant programs--Indians, Indians, Low and
moderate income housing, Manufactured homes, Rent subsidies, Reporting
and recordkeeping requirements.
Accordingly, the Department amends part 92 of title 24 of the Code
of Federal Regulations as follows:
PART 92--HOME INVESTMENT PARTNERSHIPS PROGRAM
1. The authority citation for part 92 continues to read as follows:
Authority: 42 U.S.C. 3535(d) and 12701-12839.
2. In Sec. 92.50, paragraph (d)(3) is revised to read as follows:
Sec. 92.50 Formula allocation.
* * * * *
(d) * * *
(3) To determine the maximum number of units of general local
government that receive a formula
[[Page 1825]]
allocation, only one jurisdiction (the unit of general local government
with the smallest allocation of HOME funds) is dropped from the pool of
eligible jurisdictions on each successive recalculation. Then the
amount of funds available for units of general local government is
redistributed to all others. This recalculation/redistribution
continues until all remaining units of general local government receive
an allocation of $500,000 or more.
* * * * *
Dated: December 7, 1995.
Henry G. Cisneros,
Secretary.
[FR Doc. 96-832 Filed 1-22-96; 8:45 am]
BILLING CODE 4210-32-P
Complete official Federal Register PDF
FR Doc. 96-814 Indirect Food Additives: Adjuvants, Production Aids, and Sanitizers
[Federal Register Volume 61, Number 15 (Tuesday, January 23, 1996)]
[Rules and Regulations]
[Pages 1712-1714]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-814]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
21 CFR Part 178
[Docket No. 95F-0169]
Indirect Food Additives: Adjuvants, Production Aids, and
Sanitizers
AGENCY: Food and Drug Administration, HHS.
ACTION: Final rule.
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[[Page 1713]]
SUMMARY: The Food and Drug Administration (FDA) is amending the food
additive regulations to provide for the safe use of tri[2(or 4)-
C9-10-branched alkylphenyl]phosphorothioate as an extreme
pressure-antiwear adjuvant in lubricants with incidental food contact.
This action is in response to a petition filed by Ciba-Geigy Corp.
DATES: Effective Janaury 23, 1996; written objections and requests for
a hearing by February 22, 1996.
ADDRESSES: Submit written objections to the Dockets Management Branch
(HFA-305), Food and Drug Administration, rm. 1-23, 12420 Parklawn Dr.,
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 July 20, 1995 (60 FR 37453), FDA announced that a food
additive petition (FAP 5B4465) had been filed by Ciba-Geigy Corp.,
Seven Skyline Dr., Hawthorne, NY 10532-2188. The petition proposed to
amend the food additive regulations in Sec. 178.3570 Lubricants with
incidental food contact (21 CFR 178.3570) to provide for the safe use
of tri[2(or 4)-C9-10-branched alkylphenyl]phosphorothioate as an
extreme pressure-antiwear adjuvant in lubricants with incidental food
contact.
FDA has evaluated the data in the petition and other relevant
material. The agency concludes that the proposed use of the additive is
safe, that the additive will have the intended technical effect, and
that the regulations in Sec. 178.3570 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 21 CFR
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 February 22, 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 objection 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 178
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 178 is amended as follows:
PART 178--INDIRECT FOOD ADDITIVES: ADJUVANTS, PRODUCTION AIDS, AND
SANITIZERS
1. The authority citation for 21 CFR part 178 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 178.3570 is amended in the table in paragraph (a)(3) by
alphabetically adding a new entry under the headings ``Substances'' and
``Limitations'' to read as follows:
Sec. 178.3570 Lubricants with incidental food contact.
* * * * *
(a) * * *
(3) * * *
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Substances Limitations
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Tri[2(or 4)-C9-10-branched alkylphenyl]phosphorothioate (CAS Reg. No. 126019-82-7). For use only as an extreme pressure-antiwear adjuvant at levels not to exceed 0.5 percent by
weight of the lubricant.
* * * * * * *
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 1714]]
* * * * *
Dated: January 3, 1996.
Fred R. Shank,
Director, Center for Food Safety and Applied Nutrition.
[FR Doc. 96-814 Filed 1-22-96; 8:45 am]
BILLING CODE 4160-01-F
Complete official Federal Register PDF
FR Doc. 96-806 Supplemental Security Income for the Aged, Blind, and Disabled; Income and Resources; Victims' Compensation Payments and Relocation Assistance Exclusions
[Federal Register Volume 61, Number 15 (Tuesday, January 23, 1996)]
[Rules and Regulations]
[Pages 1711-1712]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-806]
=======================================================================
-----------------------------------------------------------------------
SOCIAL SECURITY ADMINISTRATION
20 CFR Part 416
[Regulations No. 16]
RIN 0960-AD36
Supplemental Security Income for the Aged, Blind, and Disabled;
Income and Resources; Victims' Compensation Payments and Relocation
Assistance Exclusions
AGENCY: Social Security Administration.
ACTION: Final rules.
-----------------------------------------------------------------------
SUMMARY: These final rules exclude from income and resources under the
supplemental security income (SSI) program, payments received by an
individual (or spouse) from a fund established by a State to aid
victims of crime and certain relocation assistance received from a
State or local government.
EFFECTIVE DATE: These rules will become effective February 22, 1996.
FOR FURTHER INFORMATION CONTACT: Harry J. Short, Legal Assistant, 3-B-1
Operations Building, 6401 Security Boulevard, Baltimore, MD 21235,
(410) 965-6243.
SUPPLEMENTARY INFORMATION: Section 1612(b) of the Social Security Act
(the Act), as amended by sections 5031 and 5035 of Pub. L. 101-508,
effective May 1, 1991, excludes from income under the SSI program
payments received by an individual (or spouse) from a fund established
by a State to aid victims of crime, and relocation assistance provided
by a State or local government which is comparable to assistance
provided under title II of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970. Sections 5031 and 5035 also
amended section 1613(a) of the Act to exclude these payments and
assistance from resources for a period of 9 months beginning with the
month following the month in which they are received. However, with
respect to victims' compensation payments under section 5031, the
resource exclusion applies to the extent that the payments were made as
compensation for expenses incurred or losses suffered as a result of a
crime. In addition, section 5031 amended section 1631(a) of the Act to
provide that benefits under title XVI shall not be denied to any
individual solely by reason of the refusal of the individual to accept
an amount offered as compensation for a crime of which the individual
was a victim. Section 13732 of Public Law 103-66 (the Omnibus Budget
Reconciliation Act of 1993) amended section 5035 of Pub. L. 101-508 by
making permanent the exclusion of relocation assistance which
originally was set to expire on April 30, 1994.
These final regulations amend Secs. 416.210(b), 416.1124, and
416.1210 and create new Secs. 416.1229 and 416.1239 to reflect these
statutory changes. These final regulations also amend Sec. 416.1161 to
apply these same income exclusions when victims' compensation payments
and State and local government relocation assistance are received by
the ineligible spouse or ineligible parent of an eligible individual or
child in order that the deeming rules not reduce the SSI payment of, or
render ineligible, the individual or child. The amendments to
Sec. 416.1210 result in the application of the resource exclusions to
these deemors. Not to apply the exclusions in such cases could thwart
the Congressional intent underlying sections 5031 and 5035 that State
victims' compensation payments and relocation assistance not be treated
as income and resources and thus not adversely affect SSI eligibility.
For this same reason, the resource exclusions also apply to victims'
compensation payments and relocation assistance received by an alien's
sponsor whose resources are deemed to an eligible alien. Under section
1621(b)(1) of the Act, income exclusions are not applicable in
determining the amount of a sponsor's income that will be deemed to an
alien. Therefore, the income exclusions for victims' compensation
payments and relocation assistance do not apply to such payments
received by a sponsor whose income is deemed to an alien. Section
416.1204 is updated to reflect the inclusion of the resource exclusion
for victims' compensation payments and relocation assistance as well as
the other resource exclusions applicable to the resources of a sponsor.
These rules were published in a Notice of Proposed Rulemaking on
August 26, 1994 (59 FR 44093). A 60-day comment period was provided. We
did not receive any public comments. We are, therefore, adopting as
final the rules essentially as proposed.
Regulatory Procedures
Executive Order 12866
We have consulted with the Office of Management and Budget and
determined that these rules do not meet the criteria for a significant
regulatory action under Executive Order 12866.
Regulatory Flexibility Act
We certify that these rules will not have a significant economic
impact on a substantial number of small entities since these rules
affect only individuals. Therefore, a regulatory flexibility analysis
as provided in Pub. L. 96-354, the Regulatory Flexibility Act, is not
required.
Paperwork Reduction Act
These regulations will impose no additional reporting and
recordkeeping requirements subject to Office of Management and Budget
clearance.
(Catalog of Federal Domestic Assistance: Program No. 96.006-
Supplemental Security Income.)
List of Subjects in 20 CFR Part 416
Administrative practice and procedure, Aged, Blind, Disability
benefits, Public assistance programs, Supplemental Security Income
(SSI), Reporting and Recordkeeping Requirements.
[[Page 1712]]
Approved: December 20, 1995.
Shirley S. Chater,
Commissioner of Social Security.
For the reasons set out in the preamble, part 416 of chapter III of
title 20 of the Code of Federal Regulations is amended as follows:
PART 416--SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND
DISABLED
Subpart B--[Amended]
1. The authority citation for subpart B of part 416 is revised to
read as follows:
Authority: Secs. 702(a)(5), 1110(b), 1602, 1611, 1614, 1615(c),
1619(a), 1631, and 1634 of the Social Security Act (42 U.S.C.
902(a)(5), 1310(b), 1381a, 1382, 1382c, 1382d(c), 1382h(a), 1383,
and 1383c); secs. 211 and 212, Pub. L. 93-66, 87 Stat. 154 and 155
(42 U.S.C. 1382 note); sec. 502(a), Pub. L. 94-241, 90 Stat. 268 (48
U.S.C. 1681 note); sec. 2, Pub. L. 99-643, 100 Stat. 3574 (42 U.S.C.
1382h note).
2. Section 416.210 is amended by revising paragraph (b) to read as
follows:
Sec. 416.210 You do not apply for other benefits.
* * * * *
(b) What ``other benefits'' includes. ``Other benefits'' includes
any payments for which you can apply that are available to you on an
ongoing or one-time basis of a type that includes annuities, pensions,
retirement benefits, or disability benefits. For example, ``other
benefits'' includes veterans' compensation and pensions, workers'
compensation payments, Social Security insurance benefits and
unemployment insurance benefits. ``Other benefits'' for which you are
required to apply do not include payments that you may be eligible to
receive from a fund established by a State to aid victims of crime.
(See Sec. 416.1124(c)(17).)
* * * * *
Subpart K--[Amended]
3. The authority citation for Subpart K of Part 416 is revised to
read as follows:
Authority: Secs. 702(a)(5), 1602, 1611, 1612, 1613, 1614(f),
1621, and 1631 of the Social Security Act (42 U.S.C. 902(a)(5),
1381a, 1382, 1382a, 1382b, 1382c(f), 1382j, and 1383); sec. 211,
Pub. L. 93-66, 87 Stat. 154 (42 U.S.C. 1382 note).
4. Section 416.1124 is amended by replacing the periods after
paragraphs (c)(9) and (c)(16) with semicolons, by removing ``and'' from
the end of (c)(15), and by adding new paragraphs (c)(17) and (c)(18) to
read as follows:
Sec. 416.1124 Unearned income we do not count.
* * * * *
(c) * * *
(17) Payments received by you from a fund established by a State to
aid victims of crime; and
(18) Relocation assistance provided you by a State or local
government that is comparable to assistance provided under title II of
the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970 that is subject to the treatment required by
section 216 of that Act.
5. Section 416.1161 is amended by replacing the period after
paragraph (a)(20) with a semicolon, and by adding new paragraphs
(a)(21) and (a)(22) to read as follows:
Sec. 416.1161 Income of an ineligible spouse, ineligible parent, and
essential person for deeming purposes.
* * * * *
(a) * * *
(21) Payments from a fund established by a State to aid victims of
crime (see Sec. 416.1124(c)(17)); and
(22) Relocation assistance, as described in Sec. 416.1124(c)(18).
Subpart L--[Amended]
6. The authority citation for subpart L of part 416 is revised to
read as follows:
Authority: Secs. 702(a)(5), 1602, 1611, 1612, 1613, 1614(f),
1621, and 1631 of the Social Security Act (42 U.S.C. 902(a)(5),
1381a, 1382, 1382a, 1382b, 1382c(f), 1382j, and 1383); sec. 211,
Pub. L. 93-66, 87 Stat. 154 (42 U.S.C. 1382 note).
7. Section 416.1204 is amended by revising paragraph (a) to read as
follows:
Sec. 416.1204 Deeming of resources of the sponsor of an alien.
* * * * *
(a) Exclusions from the sponsor's resources. Before we deem a
sponsor's resources to an alien, we exclude the same kinds of resources
that are excluded from the resources of an individual eligible for SSI
benefits. The applicable exclusions from resources are explained in
Sec. 416.1210 (paragraphs (a) through (i), (k), and (m) through (q))
through Sec. 416.1239. For resources excluded by Federal statutes other
than the Social Security Act, as applicable to the resources of
sponsors deemed to aliens, see the appendix to subpart K of part 416.
We next allocate for the sponsor or for the sponsor and spouse (if
living together). (The amount of the allocation is the applicable
resource limit described in Sec. 416.1205 for an eligible individual
and an individual and spouse.)
* * * * *
8. Section 416.1210 is amended by removing ``and'' from the end of
paragraph (n), by replacing the period at the end of paragraph (o) with
a semicolon, and by adding new paragraphs (p) and (q) to read as
follows:
Sec. 416.1210 Exclusions from resources; general.
* * * * *
(p) Payments received as compensation for expenses incurred or
losses suffered as a result of a crime as provided in Sec. 416.1229;
and
(q) Relocation assistance from a State or local government as
provided in Sec. 416.1239.
9. A new Sec. 416.1229 is added to read as follows:
Sec. 416.1229 Exclusion of payments received as compensation for
expenses incurred or losses suffered as a result of a crime.
(a) In determining the resources of an individual (and spouse, if
any), any amount received from a fund established by a State to aid
victims of crime is excluded from resources for a period of 9 months
beginning with the month following the month of receipt.
(b) To be excluded from resources under this section, the
individual (or spouse) must demonstrate that any amount received was
compensation for expenses incurred or losses suffered as the result of
a crime.
10. A new Sec. 416.1239 is added to read as follows:
Sec. 416.1239 Exclusion of State or local relocation assistance
payments.
In determining the resources of an individual (or spouse, if any),
relocation assistance provided by a State or local government (as
described in Sec. 416.1124(c)(18)) is excluded from resources for a
period of 9 months beginning with the month following the month of
receipt.
[FR Doc. 96-806 Filed 1-22-96; 8:45 am]
BILLING CODE 4190-29-P
Complete official Federal Register PDF
FR Doc. 96-776 Interim Final Determination That State Has Corrected the Deficiency; State of California; Sacramento Metropolitan Air Quality Management District
[Federal Register Volume 61, Number 15 (Tuesday, January 23, 1996)]
[Rules and Regulations]
[Pages 1718-1720]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-776]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 157-1-7223c; FRL-5317-4]
Interim Final Determination That State Has Corrected the
Deficiency; State of California; Sacramento Metropolitan Air Quality
Management District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Interim final rule.
-----------------------------------------------------------------------
SUMMARY: Elsewhere in today's Federal Register, EPA has published a
direct final rulemaking fully approving portions of the State of
California's submittal of its State Implementation Plan (SIP) revision.
EPA has also published a proposed rulemaking to provide the public with
an opportunity to comment on EPA's action. If a person submits adverse
comments on EPA's proposed action, EPA will withdraw its direct final
action and will consider any comments received before taking final
action on the State's submittal. Based on the proposed full approval,
EPA is making an interim final determination by this action that the
State has corrected the deficiencies for which a sanctions clock began
on July 9, 1994.
[[Page 1719]]
This action will defer the imposition of the offset sanction and defer
the imposition of the highway sanction. Although this action is
effective upon publication, EPA will take comment. If no comments are
received on EPA's proposed approval of the State's submittal, the
direct final action published in today's Federal Register will also
finalize EPA's determination that the State has corrected the
deficiencies that started the sanctions clock. If comments are received
on EPA's proposed approval and this interim final action, EPA will
publish a final notice taking into consideration any comments received.
DATES: Effective date: January 23, 1996. Comments must be received by
February 22, 1996.
ADDRESSES: Comments should be sent to Daniel A. Meer, Rulemaking
Section (A-5-3), Air and Toxics Division, U.S. Environmental Protection
Agency, Region IX, 75 Hawthorne Street, San Francisco, CA 94105.
The rules and EPA's analysis for each rule, which are the basis for
this action, are available for public review at the above address.
Copies of the submitted rules are also available for inspection at the
following locations:
California Air Resources Board, Stationary Source Division, Rule
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95814.
Sacramento Metropolitan Air Quality Management District, 8411 Jackson
Road, Sacramento, CA 95826.
FOR FURTHER INFORMATION CONTACT: Mae Wang, Rulemaking Section (A-5-3),
Air and Toxics Division, U.S. Environmental Protection Agency, Region
IX, 75 Hawthorne Street, San Francisco, CA 94105, Telephone: (415) 744-
1200.
SUPPLEMENTARY INFORMATION:
Background
On June 19, 1992, the State submitted Sacramento Metropolitan Air
Quality Management District (SMAQMD) Rule 448, Gasoline Transfer into
Stationary Storage Containers, and Rule 449, Transfer of Gasoline into
Vehicle Fuel Tanks, which EPA disapproved in part on June 9, 1994, 59
FR 29731. EPA's disapproval action started an 18-month clock for the
imposition of one sanction (followed by a second sanction 6 months
later) and a 24-month clock for promulgation of a Federal
Implementation Plan (FIP). The State subsequently submitted revised
rules on August 10, 1995. EPA has taken direct final action on these
rules pursuant to its modified direct final policy set forth at 59 FR
24054 (May 10, 1994). In the Rules section of today's Federal Register,
EPA has issued a direct final full approval of the State of
California's submittal of these SIP rule revisions. In addition, in the
Proposed Rules section of today's Federal Register, EPA has proposed
full approval of these rules.
Based on the direct final full approval set forth in today's
Federal Register, EPA believes that it is more likely than not that the
State has corrected the original disapproval deficiencies. Therefore,
EPA is taking this final rulemaking action, effective on publication,
finding that the State has corrected the deficiencies. However, EPA is
also providing the public with an opportunity to comment on this final
action. If, based on any comments on this action and any comments on
EPA's proposed full approval of the State's submittal, EPA determines
that the State's submittal is not fully approvable and this final
action was inappropriate, EPA will either propose or take final action
finding that the State has not corrected the original disapproval
deficiencies. As appropriate, EPA will also issue an interim final
determination or a final determination that the deficiencies have been
corrected.
This action does not stop the sanctions clock that started for this
area on July 9, 1994. However, this action will defer the imposition of
the offsets sanction and will defer the imposition of the highway
sanction. See 59 FR 39832 (Aug. 4, 1994). If EPA's direct final action
fully approving the State's submittal becomes effective, such action
will permanently stop the sanctions clock and will permanently lift any
imposed, stayed or deferred sanctions. If EPA must withdraw the direct
final action based on adverse comments and EPA subsequently determines
that the State, in fact, did not correct the disapproval deficiencies,
EPA will also determine that the State did not correct the deficiencies
and the sanctions consequences described in the sanctions rule will
apply. See 59 FR 39832, to be codified at 40 CFR 52.31.
EPA Action
EPA is taking interim final action finding that the State has
corrected the disapproval deficiencies that started the sanctions
clock. Based on this action, imposition of the offset sanction will be
deferred and imposition of the highway sanction will be deferred until
EPA's direct final action fully approving the State's submittal becomes
effective or until EPA takes action proposing or finally disapproving
in whole or part the State submittal. If EPA's direct final action
fully approving the State submittal becomes effective, at that time any
sanctions clocks will be permanently stopped and any imposed, stayed or
deferred sanctions will be permanently lifted.
Because EPA has preliminarily determined that the State has an
approvable plan, relief from sanctions should be provided as quickly as
possible. Therefore, EPA is invoking the good cause exception to the
30-day notice requirement of the Administrative Procedure Act because
the purpose of this notice is to relieve a restriction. See 5 U.S.C.
553(d)(1).
Regulatory Process
Small Businesses
Under the Regulatory Flexibility Act, 5 U.S.C. Section 600 et seq.,
EPA must prepare a regulatory flexibility analysis assessing the impact
of any proposed or final rule on small entities. 5 U.S.C. sections 603
and 604. Alternatively, EPA may certify that the rule will not have a
significant economic impact on a substantial number of small entities.
Small entities include small businesses, small not-for-profit
enterprises, and government entities with jurisdiction over populations
of less than 50,000.
This action temporarily relieves sources of an additional burden
placed on them by the sanctions provisions of the CAA. Therefore, I
certify that it does not have an impact on any small entities.
Unfunded Mandates
Under Sections 202, 203, and 205 of the Unfunded Mandates Reform
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22,
1995, EPA must undertake various actions in association with proposed
or final rules that include a Federal mandate that may result in
estimated costs of $100 million or more to the private sector or to
State, local, or tribal governments in the aggregate.
Through submission of this State implementation plan or plan
revision, the State and any affected local or tribal governments have
elected to adopt the program provided for under part D of the Clean Air
Act. These rules may bind State, local, and tribal governments to
perform certain actions and also require the private sector to perform
certain duties. The rules being approved by this action will impose no
new requirements because affected sources are already subject to these
regulations under State law. Therefore, no additional costs to State,
local, or tribal governments or to the private sector result from this
action. EPA has also determined that this interim final action does not
include a mandate that may result in estimated
[[Page 1720]]
costs of $100 million or more to State, local, or tribal governments in
the aggregate or to the private sector.
The Office of Management and Budget has waived review of this
action from the requirements of Executive Order 12886.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Incorporation by reference, Intergovernmental regulations, Reporting
and recordkeeping, Ozone, and Volatile organic compounds.
Authority: 42 U.S.C. 7401-7671q.
Dated: October 11, 1995.
Felicia Marcus,
Regional Administrator.
[FR Doc. 96-776 Filed 1-22-96; 8:45 am]
BILLING CODE 6560-50-P
Complete official Federal Register PDF
FR Doc. 96-775 Approval and Promulgation of Implementation Plans; California State Implementation Plan Revision; Sacramento Metropolitan Air Quality Management District
[Federal Register Volume 61, Number 15 (Tuesday, January 23, 1996)]
[Rules and Regulations]
[Pages 1716-1718]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-775]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 157-1-7223a; FRL-5317-2]
Approval and Promulgation of Implementation Plans; California
State Implementation Plan Revision; Sacramento Metropolitan Air Quality
Management District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking direct final action on revisions to the
California State Implementation Plan. The revisions concern rules from
the Sacramento Metropolitan Air Quality Management District (SMAQMD).
The rules control VOC emissions from the transfer of gasoline into
stationary storage tanks and vehicle fuel tanks. This approval action
will incorporate these rules into the Federally approved SIP. The
intended effect of approving these rules is to regulate emissions of
volatile organic compounds (VOCs) in accordance with the requirements
of the Clean Air Act, as amended in 1990 (CAA or the Act). In addition,
the final action on these rules serves as a final determination that
the deficiencies in these rules have been corrected and that on the
effective date of this action, any sanction or Federal Implementation
Plan (FIP) clock is stopped. Thus, EPA is finalizing the approval of
these revisions into the California SIP under provisions of the CAA
regarding EPA action on SIP submittals, SIPs for national primary and
secondary ambient air quality standards and plan requirements for
nonattainment areas.
DATES: This action is effective on March 25, 1996 unless adverse or
critical comments are received by February 22, 1996. If the effective
date is delayed, a timely notice will be published in the Federal
Register.
[[Page 1717]]
ADDRESSES: Copies of the rules and EPA's evaluation report for each
rule are available for public inspection at EPA's Region IX office
during normal business hours. Copies of the submitted rules are
available for inspection at the following locations:
Rulemaking Section (A-5-3), Air and Toxics Division, U.S. Environmental
Protection Agency, Region IX, 75 Hawthorne Street, San Francisco, CA
94105.
Environmental Protection Agency, Air Docket (6102), 401 ``M'' Street,
SW., Washington, DC 20460.
California Air Resources Board, Stationary Source Division, Rule
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95814.
Sacramento Metropolitan Air Quality Management District, 8411 Jackson
Road, Sacramento, CA 95826.
FOR FURTHER INFORMATION CONTACT: Mae Wang, Rulemaking Section (A-5-3),
Air and Toxics Division, U.S. Environmental Protection Agency, Region
IX, 75 Hawthorne Street, San Francisco, CA 94105, Telephone: (415) 744-
1200.
SUPPLEMENTARY INFORMATION:
Background
On March 3, 1978, EPA promulgated a list of ozone nonattainment
areas under the provisions of the Clean Air Act, as amended in 1977
(1977 Act or pre-amended Act), that included the Sacramento Metro Area.
43 FR 8964, 40 CFR 81.305. On May 26, 1988, EPA notified the Governor
of California, pursuant to section 110(a)(2) of the 1977 Act, that the
above district's portion of the California SIP was inadequate to attain
and maintain the ozone standard and requested that deficiencies in the
existing SIP be corrected (EPA's SIP-Call). On November 15, 1990, the
Clean Air Act Amendments of 1990 were enacted. Pub. L. 101-549, 104
Stat. 2399, codified at 42 U.S.C. 7401-7671q. In amended section
182(a)(2)(A) of the CAA, Congress statutorily adopted the requirement
that nonattainment areas fix their deficient reasonably available
control technology (RACT) rules for ozone and established a deadline of
May 15, 1991 for states to submit corrections of those deficiencies.
Section 182(a)(2)(A) applies to areas designated as nonattainment
prior to enactment of the amendments and classified as marginal or
above as of the date of enactment. It requires such areas to adopt and
correct RACT rules pursuant to pre-amended section 172(b) as
interpreted in pre-amendment guidance.1 EPA's SIP-Call used that
guidance to indicate the necessary corrections for specific
nonattainment areas. At the time of enactment of the CAA amendments,
the Sacramento Metro Area was classified as serious 2; therefore,
this area was subject to the RACT fix-up requirement and the May 15,
1991 deadline.
\1\ Among other things, the pre-amendment guidance consists of
those portions of the proposed post-1987 ozone and carbon monoxide
policy that concern RACT, 52 FR 45044 (November 24, 1987); ``Issues
Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations,
Clarification to Appendix D of November 24, 1987 Federal Register
Notice'' (Blue Book) (notice of availability was published in the
Federal Register on May 25, 1988); and the existing control
technique guidelines (CTGs).
\2\ The Sacramento Metro Area was reclassified from serious to
severe on June 1, 1995. See 60 FR 20237 (April 25, 1995).
---------------------------------------------------------------------------
This document addresses EPA's direct final action for SMAQMD Rule
448, Gasoline Transfer into Stationary Storage Containers, and Rule
449, Transfer of Gasoline into Vehicle Fuel Tanks. The SMAQMD adopted
these rules on February 2, 1995. These rules were submitted by the
California Air Resources Board (CARB) to EPA on August 10, 1995. The
submitted rules were found to be complete on October 4, 1995 pursuant
to EPA's completeness criteria that are set forth in 40 CFR part 51
Appendix V 3 and are being finalized for approval into the SIP.
\3\ EPA adopted the completeness criteria on February 16, 1990
(55 FR 5830) and, pursuant to section 110(k)(1)(A) of the CAA,
revised the criteria on August 26, 1991 (56 FR 42216).
---------------------------------------------------------------------------
Rule 448 controls VOC emissions during gasoline transfer to
stationary storage tanks. Rule 449 controls emissions from vehicle fuel
tank filling operations. VOCs contribute to the production of ground
level ozone and smog. These rules were originally adopted as part of
SMAQMD's effort to achieve the National Ambient Air Quality Standard
for ozone and in response to EPA's SIP-Call and the section
182(a)(2)(A) CAA requirement. The following is EPA's evaluation and
final action for each rule.
EPA Evaluation
In determining the approvability of a VOC rule, EPA must evaluate
the rule for consistency with the requirements of the CAA and EPA
regulations, as found in section 110 and part D of the CAA and 40 CFR
part 51 (Requirements for Preparation, Adoption, and Submittal of
Implementation Plans). The EPA interpretation of these requirements,
which forms the basis for today's action, appears in the various EPA
policy guidance documents listed in footnote 1. Among those provisions
is the requirement that a VOC rule must, at a minimum, provide for the
implementation of RACT for stationary sources of VOC emissions. This
requirement was carried forth from the pre-amended Act.
For the purpose of assisting State and local agencies in developing
RACT rules, EPA prepared a series of Control Technique Guideline (CTG)
documents. The CTGs are based on the underlying requirements of the Act
and specify the presumptive norms for what is RACT for specific source
categories. Under the CAA, Congress ratified EPA's use of these
documents, as well as other Agency policy, for requiring States to
``fix-up'' their RACT rules. See section 182(a)(2)(A). The CTGs
applicable to Rule 448 are entitled Control of Volatile Organic
Emissions from Bulk Gasoline Plants, EPA-450/2-77-035; and Control of
Volatile Organic Compound Leaks from Gasoline Tank Trucks and Vapor
Collection Systems, EPA-450/2-78-051. Rule 449 was evaluated against
EPA's draft model stage II rule, dated August 17, 1992. Further
interpretations of EPA policy are found in the Blue Book, referred to
in footnote 1. In general, these guidance documents have been set forth
to ensure that VOC rules are fully enforceable and strengthen or
maintain the SIP.
SMAQMD's submitted Rule 448 includes the following significant
changes from the current SIP:
1. Executive Officer discretion in approving equivalent test
methods has been removed.
2. Data on agricultural tanks has been submitted in the form of a
5% determination in order to justify the agricultural tank exemption.
3. A pressure vacuum valve requirement has been added.
SMAQMD's submitted Rule 449 includes the following significant
changes from the current SIP:
1. Executive Officer discretion in approving equivalent test
methods has been removed.
2. Testing provisions have been added to require dynamic back
pressure tests and static leak tests at least every 5 years.
3. Test results must be reported to the district within 30 days of
test completion.
EPA has evaluated the submitted rules and has determined that they
are consistent with the CAA, EPA regulations, and EPA policy.
Therefore, SMAQMD Rule 448 and Rule 449 are being approved under
section 110(k)(3) of the CAA as meeting the requirements of section
110(a) and part D. The final action on these rules serves as a final
determination that the deficiencies in
[[Page 1718]]
these rules have been corrected. Therefore, if this direct final action
is not withdrawn, on March 25, 1996, any sanction or FIP clock is
stopped.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future implementation
plan. Each request for revision to the State implementation plan shall
be considered separately in light of specific technical, economic, and
environmental factors and in relation to relevant statutory and
regulatory requirements.
EPA is publishing this notice without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comments. However, in a separate document in this Federal
Register publication, the EPA is proposing to approve the SIP revision
should adverse or critical comments be filed. This action will be
effective March 25, 1996, unless, within 30 days of its publication,
adverse or critical comments are received.
If the EPA receives such comments, this action will be withdrawn
before the effective date by publishing a subsequent notice that will
withdraw the final action. All public comments received will then be
addressed in a subsequent final rule based on this action serving as a
proposed rule. The EPA will not institute a second comment period on
this action. Any parties interested in commenting on this action should
do so at this time. If no such comments are received, the public is
advised that this action will be effective March 25, 1996.
Regulatory Process
Unfunded Mandates
Under sections 202, 203, and 205 of the Unfunded Mandates Reform
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22,
1995, EPA must undertake various actions in association with proposed
or final rules that include a Federal mandate that may result in
estimated costs of $100 million or more to the private sector or to
State, local, or tribal governments in the aggregate.
Through submission of this State implementation plan or plan
revision, the State and any affected local or tribal governments have
elected to adopt the program provided for under part D of the Clean Air
Act. These rules may bind State, local, and tribal governments to
perform certain actions and also require the private sector to perform
certain duties. The rules being approved by this action will impose no
new requirements because affected sources are already subject to these
regulations under State law. Therefore, no additional costs to State,
local, or tribal governments or to the private sector result from this
action. EPA has also determined that this direct final action does not
include a mandate that may result in estimated costs of $100 million or
more to State, local, or tribal governments in the aggregate or to the
private sector.
Small Businesses
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. Secs. 603 and
604. Alternatively, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises and
government entities with jurisdiction over populations of less than
50,000.
SIP approvals under sections 110 and 301(a) and subchapter I, part
D of the CAA do not create any new requirements, but simply approve
requirements that the State is already imposing. Therefore, because the
Federal SIP-approval does not impose any new requirements, I certify
that it does not have a significant impact on any small entities
affected. Moreover, due to the nature of the Federal-State relationship
under the CAA, preparation of a regulatory flexibility analysis would
constitute Federal inquiry into the economic reasonableness of State
action. The CAA forbids EPA to base its actions concerning SIPs on such
grounds. Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (S.
Ct. 1976); 42 U.S.C. 7410 (a)(2).
This action has been classified as a table 3 action for signature
by the Regional Administrator under procedures published in the Federal
Register on January 19, 1989 (54 FR 2214-2225), as revised by a July
10, 1995 memorandum from Mary Nichols, Assistant Administrator for Air
and Radiation. The Office of Management and Budget has exempted this
regulatory action from Executive Order 12866 review.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Incorporation by reference, Intergovernmental relations, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Note: Incorporation by reference of the State Implementation
Plan for the State of California was approved by the Director of the
Federal Register on July 1, 1982.
Dated: October 11, 1995.
Felicia Marcus,
Regional Administrator.
Subpart F of part 52, chapter I, title 40 of the Code of Federal
Regulations is amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart F--California
2. Section 52.220 is amended by adding paragraph (c)(224)(i)(A)(1)
to read as follows:
Sec. 52.220 Identification of Plan.
* * * * *
(c) * * *
(224) New and amended regulations for the following APCDs were
submitted on August 10, 1995, by the Governor's designee.
(i) Incorporation by reference.
(A) Sacramento Metropolitan Air Quality Management District.
(1) Rule 448 and rule 449, adopted on February 2, 1995.
* * * * *
[FR Doc. 96-775 Filed 1-22-96; 8:45 am]
BILLING CODE 6560-50-P
Complete official Federal Register PDF
FR Doc. 96-767 Public Use; Expanded Locations Where Admission Fees May Be Charged
[Federal Register Volume 61, Number 15 (Tuesday, January 23, 1996)]
[Rules and Regulations]
[Pages 1715-1716]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-767]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Part 291
RIN 0596-AB43
Occupancy and Use of Developed Sites and Areas of Concentrated
Public Use; Expanded Locations Where Admission Fees May Be
Charged
AGENCY: Forest Service, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule expands the locations at which the Forest
Service may charge admission fees under the provisions of section 4(a)
of the Land and Water Conservation Fund Act of 1965, as amended. The
Forest Service previously had statutory authority to charge admission
fees only at congressionally designated National Recreation Areas
administered by the Secretary of Agriculture. This final rule
implements the 1993 amendments to the Land and Water Conservation Fund
Act of 1965 that provide additional authority to charge admission fees
at congressionally designated National Monuments, National Volcanic
Monuments, National Scenic Areas, and no more than 21 areas of
concentrated public use designated by the Forest Service. The intended
effect of this final rule is to conform the existing rule to the
statutory amendments.
EFFECTIVE DATE: This rule is effective January 23, 1996.
FOR FURTHER INFORMATION CONTACT: Joe Meade, (202) 205-1129, Recreation,
Heritage, and Wilderness Resources Staff, Forest Service, USDA, P.O.
Box 96090, Washington, D.C. 20090-6090.
SUPPLEMENTARY INFORMATION: Before it was amended in 1993, the Land and
Water Conservation Fund Act of 1965 (16 U.S.C. 4601-6a) authorized the
Secretary of Agriculture to charge admission fees at National
Recreation Areas. That authority is implemented through regulations at
36 CFR Part 291, Occupancy and Use of Developed Sites and Areas of
Concentrated Public Use.
In his report, ``A Vision of Change for America,'' President
Clinton made clear his intention to increase revenues from use of
recreational facilities on public lands. As part of his fiscal year
1994 budget package, the President transmitted proposed legislation to
Congress that would permit the Secretary of Agriculture to charge
admission fees at National Monuments, National Volcanic Monuments,
National Scenic Areas, and no more than 21 areas of concentrated public
use, in addition to National Recreation Areas. Congress endorsed this
proposal in the passage of the Omnibus Budget Reconciliation Act of
1993 (Pub. L. 103-66), which includes such provisions. The act at 16
U.S.C. 4601-6a(a) defines an area of concentrated public use as an area
that is managed primarily for outdoor recreation purposes, contains at
least one major recreation attraction where facilities and services
necessary to accommodate heavy public use are provided, and provides
public access to the area in such a manner that admission fees can be
efficiently collected at one or more centralized locations.
After this rule takes effect, the Chief of the Forest Service will
make a determination of no more than 21 areas of concentrated public
use where fees may be charged. The Chief's determination will be used
on recommendations from the field units by Regional Foresters of areas
that meet criteria in the preceding definition from the act and
requirements in this rule. The agency policy and procedures related to
this rule and to the field units' review and recommendation of areas
are being issued in an amendment to Forest Service Manual chapter FSM
2330, Publicly Managed Recreation Opportunities. This amendment is
available upon request from the person listed under FOR FURTHER
INFORMATION CONTACT.
Compliance with Administrative Procedure Act
Pursuant to 5 U.S.C. 553(b)(3)(B) of the Administrative Procedure
Act, the Forest Service has determined that publication of this rule
for notice and comment prior to adoption is unnecessary. This final
rule makes minor technical changes in the existing regulations at 36
CFR Part 291 so that they conform with the Land and Water Conservation
Fund Act, as amended by the Omnibus Budget Reconciliation Act of 1993.
This rulemaking does not supplement or make major changes in
[[Page 1716]]
policies applicable to the administration of admission fees charged at
sites in the National Forest System pursuant to the Land and Water
Conservation Fund Act of 1965.
Regulatory Impact
This final rule has been considered in light of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.). It has been determined that
this action will not have a significant economic impact on a
substantial number of small entities as defined in that act. It will
not impose recordkeeping requirements on them; it will not affect their
competitive position in relation to large entities; and it will not
affect their cash flow, liquidity, or ability to remain in the market.
Unfunded Mandates Reform
Pursuant to Title II of the Unfunded Mandates Reform Act of 1995,
which the President signed into law on March 22, 1995, the Department
has assessed the effects of this rule on State, local, and tribal
governments and the private sector. This rule does not compel the
expenditure of $100 million or more by any State, local, or tribal
governments or anyone in the private sector. Therefore, a statement
under section 202 of the act is not required.
Executive Order 12630
This final rule has been reviewed for its impact on private
property rights under Executive Order 12630 of March 15, 1988, as
implemented by the United States Attorney General's Guidelines for the
Evaluation of Risk and Avoidance of Unanticipated Takings. Executive
Order 12630 does not apply because this final rule makes technical and
administrative changes applicable to the administration of admission
fees charged at sites in the National Forest System.
Executive Order 12778
This rule has been reviewed under Executive Order 12778, Civil
Justice Reform. After adoption of this final rule, (1) all state and
local laws and regulations that conflict with this rule or that impede
its full implementation will be preempted; (2) no retroactive effect
will be given to this final rule; and (3) it will not require
administrative proceedings before parties may file suit in court
challenging its provisions.
Controlling Paperwork Burdens on the Public
This rule does not contain new recordkeeping or reporting
requirements or other information collection requirements and does not
impose additional paperwork burdens on the public. Therefore, the
review provisions of the Paperwork Reduction Act of 1980 (44 U.S.C.
3507) and its implementing regulations at 5 CFR Part 1320 do not apply.
Environmental Impact
Section 31.1b of Forest Service Handbook 1909.15 (57 FR 43180;
Sept. 18, 1992) categorically excludes from documentation in an
environmental assessment (EA) or an environmental impact statement
(EIS) ``rules, regulations, or policies to establish Service-wide
administrative procedures, program processes or instructions.'' Based
on the technical and administrative nature and scope of this
rulemaking, it has been determined that this rule falls within this
category of actions and that no extraordinary circumstances exist which
would require preparation of an EA or an EIS.
List of Subjects in 36 CFR Part 291
National Forests, Recreation and Recreation Areas.
Therefore, for the reasons set forth in the preamble, Part 291 of
Chapter II of Title 36 of the Code of Federal Regulations is hereby
amended as follows:
PART 291--OCCUPANCY AND USE OF DEVELOPED SITES AND AREAS OF
CONCENTRATED PUBLIC USE
1. Revise the authority citation for Part 291 to read as follows:
Authority. 16 U.S.C. 460l-6a.
2. Add Sec. 291.1 to read as follows:
Sec. 291.1 Definitions.
For the purposes of this part the following term shall mean:
Area of concentrated public use: An area that is managed primarily
for outdoor recreation purposes, contains at least one major recreation
attraction where facilities and services necessary to accommodate heavy
public use are provided, and provides public access to the area in such
a manner that admission fees can be efficiently collected at one or
more centralized locations.
3. Amend Sec. 291.9 by redesignating it as Sec. 291.2 revising
paragraph (a) to read as follows:
Sec. 291.2 Admission fees and recreation use fees.
(a) Fees shall be charged for admission to Congressionally
designated National Recreation Areas, National Monuments, National
Volcanic Monuments, and National Scenic Areas administered by the
Secretary of Agriculture and no more than 21 areas of concentrated
public use designated by the Chief of the Forest Service as provided by
section 4(a) of the Land and Water Conservation Fund Act of 1965, as
amended.
* * * * *
Sec. 291.10 [Redesignated as Sec. 291.3]
4. Redesignate Sec. 291.10 as Sec. 291.3.
Dated: December 19, 1995.
Mark Gaede,
Acting Deputy Under Secretary, Natural Resources and Environment.
[FR Doc. 96-767 Filed 1-22-96; 8:45 am]
BILLING CODE 3410-11-M
Complete official Federal Register PDF
FR Doc. 96-763 Regional Offices; Sub-Regional Office Closure; Sub-Regional Office Change in Status; Address, Telephone and Fax Number Change
[Federal Register Volume 61, Number 15 (Tuesday, January 23, 1996)]
[Rules and Regulations]
[Page 1697]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-763]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 61, No. 15 / Tuesday, January 23, 1996 /
Rules and Regulations
[[Page 1697]]
FEDERAL LABOR RELATIONS AUTHORITY
5 CFR Chapter XIV
Regional Offices; Sub-Regional Office Closure; Sub-Regional
Office Change in Status; Address, Telephone and Fax Number Change
AGENCY: Federal Labor Relations Authority.
ACTION: Amendment of rules and regulations.
-----------------------------------------------------------------------
SUMMARY: This document amends the rules and regulations of the Federal
Labor Relations Authority, the General Counsel of the Federal Labor
Relations Authority, and the Federal Service Impasses Panel to announce
the closing of the Philadelphia Sub-Regional Office; the change in
status of the Cleveland Sub-Regional Office; and the Atlanta Regional
Office's new address, telephone and fax numbers.
EFFECTIVE DATE: January 12, 1996.
FOR FURTHER INFORMATION CONTACT:
Clyde B. Blandford Jr., Director of Operations and Resource Management,
at (202) 482-6602.
SUPPLEMENTARY INFORMATION: Effective January 28, 1980, the Authority
and the General Counsel published, at 45 FR 3482, January 17, 1980,
final rules and regulations to govern the processing of cases by the
Authority and the General Counsel under chapter 71 of title 5 of the
United States Code. These rules and regulations are required by title
VII of the Civil Service Reform Act of 1978 and are set forth in 5 CFR
part 2400.
Appendix A, paragraph (d) of the rules and regulations lists the
current addresses, telephone and fax numbers of the Regional Offices
and Sub-Regional Offices of the Authority. This amendment announces the
closure of the Philadelphia Sub-Regional Office and the change in
status of the Cleveland Sub-Regional Office to a duty station. Upon a
careful review of costs and operating efficiencies, we have concluded
that the transaction of Authority business will be enhanced by these
actions. This change does not affect the geographic jurisdiction of the
Boston and Chicago Regional Offices, respectively. Additionally, this
amendment announces changes in the address, telephone and fax numbers
of the Atlanta Regional Office.
Executive Order 12291
This proposed regulation has been reviewed in accordance with
Executive Order 12291. It is not classified as major because it does
not meet the criteria for major regulations established by the Order.
Regulatory Flexibility Act Certification
The General Counsel has determined that this proposed regulation
will not have a significant economic impact on a substantial number of
small entities.
Paperwork Reduction Act of 1980
The proposed regulation contains no information collection or
recordkeeping requirement under the Paperwork Reduction Act of 1980 (44
U.S.C. 3507 et seq.).
For the reasons set out in the preamble and under the authority of
5 U.S.C. 7134, Appendix A to 5 CFR chapter XIV is amended by revising
paragraph (d) to read as follows:
Appendix A to 5 CFR Chapter XIV--Current Addresses and Geographic
Jurisdictions
* * * * *
(d) The Office addresses, telephone and fax numbers of the
Regional Offices of the Authority are as follows:
(1) Boston, Massachusetts Regional Office-99 Summer Street,
suite 1500, Boston, Massachusetts 02110-1200; telephone: FTS or
commercial (617) 424-5730; fax: FTS or commercial (617) 424-5743.
(2) Washington, DC Regional Office--1255 22nd Street, NW., suite
400, Washington, DC 20037-1206; telephone: FTS or commercial (202)
653-8500; fax: FTS or commercial (202) 653-5091.
(3) Atlanta, Georgia Regional Office--285 Peachtree Center
Avenue, suite 701, Atlanta, Georgia 30303-1270; telephone: FTS or
commercial (404) 331-5300; fax: FTS or commercial (404) 331-5280.
(4) Chicago, Illinois Regional Office--55 West Monroe, suite
1150, Chicago, Illinois 60603-9729; telephone: FTS or commercial
(312) 353-6306; fax: FTS or commercial (312) 886-5977.
(5) Dallas, Texas Regional Office--525 Griffin Street, suite
926, LB-107, Dallas, Texas 75202-1906; telephone: FTS or commercial
(214) 767-4996; fax: FTS or commercial (214) 767-0156.
(6) Denver, Colorado Regional Office--1244 Speer Boulevard,
suite 100, Denver, Colorado 80204-3581; telephone: FTS or commercial
(303) 844-5224; fax: FTS or commercial (303) 844-2774.
(7) San Francisco, California Regional Office--901 Market
Street, suite 220, San Francisco, California 94103-1791; telephone:
FTS or commercial (415) 356-5000; fax: FTS or commercial (415) 356-
5017.
* * * * *
Dated: January 17, 1996.
Solly Thomas,
Executive Director, Federal Labor Relations Authority.
[FR Doc. 96-763 Filed 1-22-96; 8:45 am]
BILLING CODE 6727-01-M
Complete official Federal Register PDF
FR Doc. 96-756 Commission Organization and Functions
[Federal Register Volume 61, Number 15 (Tuesday, January 23, 1996)]
[Rules and Regulations]
[Pages 1707-1708]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-756]
=======================================================================
-----------------------------------------------------------------------
CONSUMER PRODUCT SAFETY COMMISION
16 CFR Part 1000
Commission Organization and Functions
AGENCY: Consumer Product Safety Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Commission is revising its statement of organization and
functions to reflect the elimination of the Directorate for
Epidemiology and the transfer of its functions to the renamed
Directorate for Epidemiology and Health Sciences, to the Directorate
for Engineering Sciences, and to the Office of Information Systems.
EFFECTIVE DATE: January 23, 1996.
FOR FURTHER INFORMATION CONTACT: Joseph F. Rosenthal, Office of the
General Counsel, Consumer Product Safety Commission, Washington, D.C.
20207, telephone 301-504-0980.
SUPPLEMENTARY INFORMATION:
The sections describing the Directorate for Engineering Sciences,
the Office of Information Services, and the former Directorates for
Health Sciences and Epidemiology have been amended to reflect the
transfer of functions from the former Directorate for Epidemiology. The
injury data collection and analysis functions from the former
Directorate for Epidemiology have been transferred to the new
Directorate for Epidemiology and Health Sciences; the human factors
research functions have been transferred to the Directorate for
Engineering Sciences; and the National Injury Information Clearinghouse
has been transferred to the Office of Information Services. Editorial
changes have been made to the description of the Directorate for
Engineering Sciences.
In addition, for consistency with section 1000.12, the Directorate
for Laboratory Sciences has been added in section 1000.21 to the list
of organizations over which the Assistant Executive Director for Hazard
Identification and Reduction has line authority.
Since this rule relates solely to internal agency management,
pursuant to 5 U.S.C. 553(b), notice and other public procedures are not
required and it is effective immediately on the specified effective
date. Further, this action is not a rule as defined in the Regulatory
Flexibility Act, 5 U.S.C. 601-612 and, thus, is exempt from the
provisions of the Act.
List of Subjects in 16 CFR Part 1000
Organization and functions (government agencies).
Accordingly, 16 CFR part 1000 is amended as follows:
PART 1000--[AMENDED]
1. The authority citation for part 1000 continues to read as
follows:
Authority: 5 U.S.C. 552(a).
2. Section 1000.12 is revised to read as follows:
Sec. 1000.12 Organizational structure.
The Consumer Product Safety Commission is composed of the principal
units listed in this section.
(a) The following units report directly to the Chairman of the
Commission:
(1) Office of the General Counsel;
(2) Office of Congressional Relations;
(3) Office of the Secretary;
(4) Office of the Inspector General;
(5) Office of Equal Employment Opportunity and Minority Enterprise;
(6) Office of the Executive Director.
(b) The following units report directly to the Executive Director
of the Commission:
(1) Office of the Budget;
(2) Office of Hazard Identification and Reduction;
(3) Office of Information and Public Affairs;
(4) Office of Compliance;
(5) Office of Planning and Evaluation;
(6) Office of Human Resources Management;
(7) Office of Information Services;
(8) Directorate for Administration;
(9) Directorate for Field Operations.
(c) The following units report directly to the Assistant Executive
Director for Hazard Identification and Reduction:
(1) Directorate for Economic Analysis;
(2) Directorate for Epidemiology and Health Sciences;
(3) Directorate for Engineering Sciences;
(4) Directorate for Laboratory Sciences.
3. Section 1000.26 is revised to read as follows:
Sec. 1000.26 Office of Information Services.
The Office of Information Services, which is managed by the
Assistant Executive Director for Information Services, is responsible
for general policy, controlling and conducting managerial activities
and operations relating to the collection, use, and dissemination of
information by the agency. The Office manages the Commission's
information system that supports all its program activities. The Office
provides automated data processing and operational support for data
collection, information retrieval, report generation, electronic mail,
and statistical and mathematical operations of the agency. The Office
maintains the agency's local and wide area networks and develops and
supports other network applications. The Office develops plans for
improving agency operations through the use of information technology.
The Office's functional responsibilities include planning, organizing,
and directing information resources management (including records
management and related requirements), and the managing of the agency's
management directives system. The Office administers the Commission's
telecommunications services including the agency's toll-free Hotline by
which the public reports hazardous consumer products and receives
information about product recalls and product hazards. It also oversees
operation of the Commission's Internet and fax-on-demand services. It
administers the National Injury Information Clearinghouse.
[[Page 1708]]
4. Section 1000.27 is revised to read as follows:
Sec. 1000.27 Directorate for Epidemiology and Health Sciences.
The Directorate for Epidemiology and Health Sciences, which is
managed by the Associate Executive Director for Epidemiology and Health
Sciences, is responsible for injury analysis to identify and document
information on consumer-product related hazards or hazard patterns, and
for developing and implementing health science policies and programs.
The Directorate collects data on consumer product-related hazards and
potential hazards, determines the frequency, severity, and distribution
of the various types of injuries, and investigates their causes. It
collects health science, exposure, and medical data; reviews and
evaluates toxicological, physiological, medical and chemical-related
hazards; and determines exposure, uptake and metabolism, including
information on population segments at risk. It assesses the effects of
product safety standards and programs on consumer injuries and conducts
epidemiological and health studies and research in the field of
consumer product-related injuries. The Directorate performs risk
assessments for chemical, physiological and physical hazards based on
methods such as medical injury modeling and on injury and incident data
for mechanical, thermal, chemical and electrical hazards in consumer
products. The Directorate provides statistical support for other
Commission organizations including, but not limited to, standards
development, certification programs, and sampling for field inspection
programs. It maintains and manages the National Electronic Injury
Surveillance System (NEISS). It provides the Commission's primary
source of technical expertise for implementation of the Poison
Prevention Packaging Act. The Directorate assists in the development
and evaluation of product safety standards and test methods based on
the chemical, biological and medical, statistical and epidemiological
sciences. It provides support to the Commission's regulatory
development and enforcement activities. It manages hazard
identification and analysis and hazard assessment and reduction
projects as assigned. The Directorate provides liaison with the
National Toxicology Program, the Department of Health and Human
Services, the Occupational Health and Safety Administration, the
Environmental Protection Agency, the Centers for Disease Control, other
federal agencies and programs, and other organizations concerned with
reducing the risk to consumers from exposure to all the hazards the
Commission must address.
5. Section 1000.29 is revised to read as follows:
Sec. 1000.29 Directorate for Engineering Sciences.
The Directorate for Engineering Sciences, which is managed by the
Associate Executive Director for Engineering Sciences, is responsible
for developing technical policy for and implementing the Commission's
engineering programs. The Directorate manages hazard assessment and
reduction projects as assigned by the Office of Hazard Identification
and Reduction; provides engineering technical support and product
safety assesments for the Office of Compliance; provides engineering,
scientific, and technical expertise to the Commission and Commission
staff as requested; and provides engineering technical support to other
Commission organizations, activities, and programs as needed. The
Directorate develops and evaluates product safety standards, product
safety tests and test methods, performance criteria, design
specifications, and quality control standards for consumer products,
based on engineering and scientific methods. It conducts engineering
analysis and testing of the safety of consumer products, and evaluates
and participates in the development of mandatory and voluntary
standards for consumer products including engineering and human factors
analyses in support of standards development and product compliance
testing. The Directorate performs or monitors research for consumer
products in a broad array of engineering disciplines including
chemical, electrical, fire protection, human factors, and mechanical
engineering. It conducts and coordinates engineering research, testing,
and evaluation activities with other federal agencies, private
industry, and consumer interest groups. The Directorate conducts human
factors studies and research of consumer product related injuries,
including evaluations of labels, signs and symbols, instructions, and
other measures intended to address the human component of injury
prevention. The Directorate provides technical supervision and
direction of engineering activities including tests and analyses
conducted in the field.
6. Section 1000.30 is removed and reserved.
7. Section 1000.32 is revised to read as follows:
Sec. 1000.32 Directorate for Administration.
The Directorate for Administration, which is managed by the
Associate Executive Director for Administration, is responsible for
formulating general administrative policies supporting the Commission
in the areas of financial management, procurement, and general
administrative support services including property and space
management, physical security, printing, and warehousing. The
Directorate is responsible for the payment, accounting, and reporting
of all expenditures within the Commission and for operating and
maintaining the Commission's accounting system and subsidiary
Management Information System which allocates staff work time and costs
to programs and projects.
8. In section 1000.21, the second sentence is revised to read as
follows:
Sec. 1000.21 Office of Hazard Identification and Reduction.
* * * ``The Office reports to the Executive Director, and has line
authority over the Directorates for Epidemiology and Health Sciences,
Economic Analysis, Engineering Sciences, and Laboratory Sciences.'' * *
*
Sadye E. Dunn,
Secretary, Consumer Product Safety Commission.
[FR Doc. 96-756 Filed 1-22-96; 8:45 am]
BILLING CODE 6355-01-F
Complete official Federal Register PDF
FR Doc. 96-754 Foreign Option Transactions
[Federal Register Volume 61, Number 15 (Tuesday, January 23, 1996)]
[Rules and Regulations]
[Pages 1709-1711]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-754]
-----------------------------------------------------------------------
COMMODITY FUTURES TRADING COMMISSION
17 CFR Part 30
Foreign Option Transactions
AGENCY: Commodity Futures Trading Commission.
ACTION: Order.
-----------------------------------------------------------------------
SUMMARY: The Commodity Futures Trading Commission (Commission) is
authorizing option contracts on the Nikkei 300 stock index futures
contract traded on the Singapore International Monetary Exchange
Limited (SIMEX) to be offered or sold to persons located in the United
States. This Order is issued pursuant to: (1) Commission rule 30.3(a),
17 CFR 30.3(a), which makes it unlawful for any person to engage in the
offer or sale of a foreign option product until the Commission, by
order, authorizes such foreign option to be offered or sold in the
United States; and (2) the Commission's Order issued on July 20, 1988,
53 FR 28826 (July 29, 1988), authorizing certain option products traded
on SIMEX to be offered or sold in the United States.
EFFECTIVE DATE: February 22, 1996.
FOR FURTHER INFORMATION CONTACT:
Robert Rosenfeld, Esq., Division of Trading and Markets, Commodity
Futures Trading Commission, 2033 K Street NW., Washington, DC 20581.
Telephone: (202) 254-8955.
SUPPLEMENTARY INFORMATION: The Commission has issued the following
Order:
United States of America Before the Commodity Futures Trading
Commission
Order Under Commission Rule 30.3(a) Permitting Option Contracts on the
Nikkei 300 Stock Index Futures Contract Traded on the Singapore
International Monetary Exchange Limited To Be Offered or Sold in the
United States Thirty Days After Publication of This Notice in the
Federal Register Absent Further Notice
By Order issued on July 20, 1988 (Initial Order), the Commission
authorized, pursuant to Commission rule 30.3(a),\1\ certain option
products
[[Page 1710]]
traded on the Singapore International Monetary Exchange Limited (SIMEX)
to be offered or sold in the United States. 53 FR 28826 (July 29,
1988). Among other conditions, the Initial Order specified that:
\1\ Commission rule 30.3(a), 17 CFR 30.3(a), makes it unlawful
for any person to engage in the offer or sale of a foreign option
product until the Commission, by order, authorizes such foreign
option to be offered or sold in the United States.
Except as otherwise permitted under the Commodity Exchange Act
and regulations thereunder, * * * no offer or sale of any SIMEX
option product in the United States shall be made until thirty days
after publication in the Federal Register of notice specifying the
---------------------------------------------------------------------------
particular option(s) to be offered or sold pursuant to this Order.
By letter dated June 15, 1994, SIMEX through its counsel
represented that it would be introducing an option contract based on
the Nikkei 300 Stock Index futures contract. SIMEX has requested that
the Commission supplement its Initial Order and subsequent Orders \2\
authorizing options on the Eurodollar, Japanese Yen, Deutsche Mark, 3-
Month Euroyen Interest Rate, Nikkei Stock Average and Long-Term
Japanese Government Bond futures contracts by also authorizing SIMEX's
option contracts on the Nikkei 300 Stock Index futures contract to be
offered or sold to persons in the United States. Upon due
consideration, and for the reasons previously discussed in the Initial
Order, the Commission believes that the request for authorization to
offer or sell option contracts on the Nikkei 300 Stock Index futures
contract \3\ should be granted.
\2\ See 59 FR 27233 (May 26, 1994); 57 FR 2675 (January 23,
1992); and 55 FR 26428 (June 28, 1990).
\3\ On February 23, 1995, the Commission's Office of the General
Counsel issued a no-action letter permitting SIMEX futures contracts
based on the Nikkei 300 Stock Index to be offered or sold in the
United States.
---------------------------------------------------------------------------
Accordingly, pursuant to Commission rule 30.3(a) and the
Commission's Initial Order issued on July 20, 1988, and subject to the
terms and conditions specified therein, the Commission hereby
authorizes SIMEX's option contracts on the Nikkei 300 Stock Index
futures contract to be offered or sold to persons located in the United
States thirty days after publication of this Order in the Federal
Register, unless prior to that date the Commission receives any
comments which may result in a determination to delay the effective
date of the Order pending review of such comments. Under such
circumstances the Commission will provide notice.
Contract Specifications
Options on Nikkei 300 Stock Index Futures Contract
Underlying Interest
One (1) SIMEX Nikkei 300 stock index futures contract.
Contract Months
Options available on three (3) serial months and five quarterly
months in the March, June, September and December cycle.
Trading Hours
8:00 a.m. to 10:15 a.m. (Singapore time)
11:15 a.m. to 2:15 p.m. (Singapore time)
Minimum Price Fluctuation (Tick Size and Value)
0.1 point of Nikkei Stock Index 300 (also known as one
tick)=1,000 per contract.
Strike Prices
Strike prices are set in integer multiples of 5 points on the
Nikkei Stock Index 300. 15 strike prices are set at 5 point intervals
above and 15 strike prices at 5 point intervals below an at-the-money
strike (i.e., a total of 31 strike prices). Additional strike prices
will be established as the underlying Nikkei Stock Index 300 futures
price rises or falls.
Exercise
American style, i.e., buyers of futures options may exercise their
options on any business day when the option is traded.
In the absence of contrary instructions delivered to the clearing
house, an option in the March quarterly cycle will be exercised
automatically on the day of determination of the final settlement
price.
An in-the-money option that expires in a month other than those in
the March quarterly cycle will be exercised automatically on the day of
termination of trading.
An option in the March quarterly cycle is in-the-money if the final
settlement price of the underlying futures contract is above the
exercise price in the case of a call, or is below the exercise price in
the case of a put.
An option that expires in a month other than those in the March
quarterly cycle is in-the-money if the settlement price of the
underlying futures contract at the termination of trading is above the
exercise price in the case of a call, or is below the exercise price in
the case of a put.
Last Trading Day
The last trading day is the business day before the second Friday
of the contract month.
Minimum Margin Requirements
The SPAN margining system shall be applicable to the margining of
options on the Nikkei 300 stock index futures contract.
Position Limits
3,000 futures-equivalent contracts net long or net short in all
contract months combined. Positions will be aggregated with open
positions in the underlying Nikkei Stock Index 300 futures contract.
Trading Halts
There will be no trading in any options contract when the SIMEX
Nikkei Stock Index 300 futures contract is bid or offered:
(1) At its initial daily price limit; or
(2) At its expanded daily price limit, except that the above
provisions shall not apply on an option's last day of trading.
List of Subjects in 17 CFR Part 30
Commodity futures, Commodity options, Foreign transactions.
Accordingly, 17 CFR Part 30 is amended as set forth below:
PART 30--FOREIGN FUTURES AND FOREIGN OPTION TRANSACTIONS
1. The authority citation for Part 30 continues to read as follows:
Authority: Secs. 2(a)(1)(A), 4, 4C, and 8a of the Commodity
Exchange Act, 7 U.S.C. 2, 6, 6c and 12a.
2. Appendix B to Part 30 is amended by adding the following entry
after the existing entries for the ``Singapore International Monetary
Exchange Limited'' to read as follows:
[[Page 1711]]
Appendix B.--Option Contracts Permitted to be Offered or Sold in the
U.s. Pursuant to Sec. 30.3(a)
------------------------------------------------------------------------
Exchange Type of contract FR date and citation
------------------------------------------------------------------------
* * * *
Singapore International Option Contracts on 199____; ____ FR
Monetary Exchange Limited. the Nikkei 300 ____
Stock Index Futures
Contract.
* * * *
* * *
------------------------------------------------------------------------
Issued in Washington, D.C. on January 16, 1996.
Jean A. Webb,
Secretary to the Commission.
[FR Doc. 96-754 Filed 1-22-96; 8:45 am]
BILLING CODE 6351-01-M
Complete official Federal Register PDF
FR Doc. 96-753 Delegations of Authority
[Federal Register Volume 61, Number 15 (Tuesday, January 23, 1996)]
[Rules and Regulations]
[Pages 1708-1709]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-753]
=======================================================================
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COMMODITY FUTURES TRADING COMMISSION
17 CFR Parts 11 and 140
Delegations of Authority
AGENCY: Commodity Futures Trading Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the Commodity Futures Trading
Commission has revised certain provisions of the Commission's
Regulations to expand or revise delegations of authority previously
delegated either exclusively to the Director of the Division of
Enforcement or to the Director and the former Deputy Directors of the
Division of Enforcement.
EFFECTIVE DATE: January 23, 1996.
FOR FURTHER INFORMATION CONTACT:
Nancy L. Walsh, Attorney, Division of Enforcement, Commodity Futures
Trading Commission, Three Lafayette Centre, 1155 21st Street, NW.,
Washington, DC 20581. Telephone: (202) 418-5330.
[[Page 1709]]
SUPPLEMENTARY INFORMATION: Commission Regulations have been amended to
reflect the fact that certain authority previously delegated
exclusively to the Director and/or the former Deputy Directors of the
Division of Enforcement has been delegated to the Division's Deputy
Directors, Program Coordinator, Chief Counsel, Associate Directors,
and/or Regional Counsel, and the Commission's Regional Directors as
well.
List of Subjects
17 CFR Part 11
Administrative practice and procedure, Commission Rules of
Practice, Investigations.
17 CFR Part 140
Authority delegations, Organization and functions.
PART 11--[AMENDED]
1. The authority citation for part 11 continues to read as follows:
Authority: 7 U.S.C. 4a(j), 9 and 15, 12, 12a(5), unless
otherwise noted.
Sec. 11.2 [Amended]
2. Section 11.2, paragraph (b) is amended by revising the phrase
``to the Director of the Division of Enforcement the authority to grant
to any Commission employee under his direction'' to read ``to its
Regional Directors and to the Director, the Deputy Directors, the
Program Coordinator, the Chief Counsel, the Associate Directors, and
the Regional Counsel of the Division of Enforcement the authority to
grant to any employee of the Division of Enforcement''.
Sec. 11.7 [Amended]
3. Section 11.7, paragraph (a) is amended by revising the phrase
``the express approval of the Director of the Division of Enforcement;
his approval shall not be given unless it has been shown to the
satisfaction of the Division Director'' to read ``the express approval
of either the Director, a Deputy Director, the Program Coordinator, the
Chief Counsel, an Associate Director, or a Regional Counsel of the
Division of Enforcement, or a Regional Director of the Commission;
approval shall not be given unless it has been shown''.
Appendix A to Part 11--[Amended]
4. Appendix A to Part 11 is amended by revising the phrase ``Unless
otherwise provided for by the Director of the Division'' to read
``Unless otherwise provided for by either the Director, a Deputy
Director, the Program Coordinator, the Chief Counsel, an Associate
Director, or a Regional Counsel of the Division, or a Regional Director
of the Commission''.
PART 140--[AMENDED]
5. The authority citation for part 140 continues to read as
follows:
Authority: 7 U.S.C. 4a and 12a.
Sec. 140.72 [Amended]
6. Section 140.72, paragraph (a) is amended by revising the phrase
``the Director of the Division of Enforcement, each Deputy Director of
the Division of Enforcement'' to read ``the Director of the Division of
Enforcement, each Deputy Director of the Division of Enforcement, the
Program Coordinator of the Division of Enforcement, each Associate
Director of the Division of Enforcement, the Chief Counsel of the
Division of Enforcement''.
Sec. 140.73 [Amended]
7. The heading of Sec. 140.73 is revised to read ``Delegation of
authority to disclose information to United States, States, and foreign
government agencies and foreign futures authorities.''
8. Section 140.73, paragraph (a) introductory text is amended by
revising the phrase ``the Director of the Division of Enforcement, and
in his or her absence to each Deputy Director of the Division'' to read
``the Director of the Division of Enforcement, each Deputy Director of
the Division of Enforcement, the Program Coordinator of the Division of
Enforcement, the Chief Counsel of the Division of Enforcement, each
Associate Director of the Division of Enforcement''.
9. Section 140.73(a)(3) is amended by revising the phrase ``Any
department or agency of any foreign government or any political
subdivision thereof'' to read ``Any foreign futures authority, as
defined in section 1a(10) of the Act, or any department or agency of
any foreign government or political subdivision thereof'' and by
revising the phrase ``to which such foreign government or political
subdivision or any department or agency thereof is a party'' to read
``to which such foreign government or political subdivision or any
department or agency thereof, or foreign futures authority is a
party''.
The foregoing rules are effective January 23, 1996. The Commission
finds that the rules relate solely to agency management and personnel,
and that the rulemaking requirements of the Administrative Procedure
Act, as codified, 5 U.S.C. 553, do not apply.
Issued in Washington, DC, on January 11, 1996.
Jean A. Webb,
Secretary to the Commission.
[FR Doc. 96-753 Filed 1-22-96; 8:45 am]
BILLING CODE 6351-01-M
Complete official Federal Register PDF
FR Doc. 96-745 Community Development Financial Institutions Program; Bank Enterprise Award Program
[Federal Register Volume 61, Number 15 (Tuesday, January 23, 1996)]
[Rules and Regulations]
[Pages 1699-1703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-745]
=======================================================================
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DEPARTMENT OF THE TREASURY
Community Development Financial Institutions Fund
12 CFR Parts 1805 and 1806
RIN 1505-AA72
Community Development Financial Institutions Program; Bank
Enterprise Award Program
AGENCY: Community Development Financial Institutions Fund, Department
of the Treasury.
ACTION: Interim rule with request for comment; extension of comment
period.
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SUMMARY: The Department of the Treasury is issuing revisions to the
interim regulations for the Community Development Financial
Institutions (CDFI) Program and the Bank Enterprise Award (BEA) Program
published in the Federal Register on October 19, 1995. The CDFI Program
and BEA Program were authorized by the Community Development Banking
and Financial Institutions Act of 1994. The programs are designed to
facilitate the flow of lending and investment capital into distressed
communities and to individuals who have been unable to take full
advantage of the financial services industry. This action also extends
the comment period on the CDFI Program and BEA Program interim
regulations published on October 19, 1995 to March 15, 1996.
DATES: This interim rule is effective January 23, 1996. Comments on
this interim rule must be received on or before March 15, 1996. The
comment period on the CDFI Program and BEA Program interim regulations
published in the Federal Register on October 19, 1995 is extended from
January 15, 1996 to March 15, 1996.
ADDRESSES: All questions or comments concerning this interim rule and
the October 19, 1995, CDFI Program and BEA Program interim regulations
should be addressed to the Director, Community Development Financial
Institutions Fund, Department of the Treasury, 1500 Pennsylvania Ave.,
N.W., Room 5116, Washington DC 20220.
FOR FURTHER INFORMATION CONTACT: Kirsten S. Moy, Director, Community
Development Financial Institutions Fund at (202) 622-8662. (This is not
a toll free number.)
SUPPLEMENTARY INFORMATION:
I. General
Executive Order (E.O.) 12866
It has been determined that this regulation is not a significant
regulatory action as defined in E.O. 12866.
Regulatory Flexibility Act
Because no notice of proposed rulemaking is required for this
interim rule, the provisions of the Regulatory Flexibility Act (5
U.S.C. 601 et seq.) do not apply. Moreover, the Department of the
Treasury finds that any economic or other consequence of this interim
rule are a direct result of the implementation of statutory provisions.
Administrative Procedure Act
Pursuant to the provisions of 5 U.S.C. 553(a)(2), these regulations
are exempt from the proposed rulemaking requirements of 5 U.S.C. 553(b)
and are being issued as interim regulations without opportunity for
notice and public comment prior to their effective date. Furthermore,
the Department for good cause finds that notice and public comment
prior to effect are impracticable and contrary to the public interest.
This interim regulation is intended to amend the interim regulations
for the CDFI Program and BEA Program that were published on October 19,
1995. The purpose of the amendments is to clarify several provisions of
the October 19 interim regulations prior to the application deadline
(January 29, 1996) for both programs. The amendments will also give
applicants greater flexibility in the type of information the Fund will
accept as part of an application--thus, reducing paperwork burden.
Catalog of Federal Financial Assistance Numbers
Community Development Financial Institutions Program--21.020; Bank
Enterprise Award Program--21.021.
II. Background
On October 19, 1995, the Fund published interim regulations in the
Federal Register for the Community Development Financial Institutions
Program (12 CFR part 1805) and the Bank Enterprise Award Program (12
CFR part 1806). Subsequent to the publication of such interim
regulations, the Fund has developed policies to clarify several
provisions in the interim regulations. The technical revisions
contained in this interim rule will provide greater flexibility in the
types of information that may be submitted as part of an application
and thereby reduce the paperwork and regulatory burden for applicants.
The Fund is extending the comment period on the interim regulations
published on October 19, 1995 and these amendments to such interim
regulations to March 15, 1996.
III. Community Development Financial Institutions Program
Under the CDFI Program (12 CFR part 1805), the Fund will provide
financial and technical assistance to selected applicants to engage in
certain community development activities. The following summarizes the
revisions to the regulations.
Subpart A--General Provisions
Section 1805.104(n) is revised to change the definition of the term
``Comprehensive Business Plan'' such that it covers a period of not
less than the next five years--rather than a period of not less than
the next five fiscal years. The revision will provide greater
flexibility to Applicants in the manner in which they can prepare
projections.
Subpart B--Eligibility
Section 1805.201 is revised to clarify that the Fund may revoke a
CDFI certification for good cause.
Subpart F--Matching Funds Requirements
Subpart F of the CDFI Program is revised to clarify two provisions
concerning the use of certain funds for meeting the matching funds
requirements. The revision to Sec. 1805.600 clarifies that private
funds that have been used to satisfy a legal requirement for obtaining
monies from other Federal programs shall not be used to meet the
matching funds requirements of the CDFI Program. In
[[Page 1700]]
addition, a new Sec. 1805.604 clarifies the types of monies the Fund
will consider as retained earnings for the purpose of meeting the
matching funds requirements. As part of the Conference Report to the
Riegle Community Development and Regulatory Improvement Act of 1994
(Report 103-652), Congress expressed its intent that retained earnings
be considered as a source of matching funds. However, given the
diversity of types of institutions that may apply for assistance, the
Fund has sought to clarify the monies that will be considered retained
earnings. This clarification is intended to take into consideration the
capacity of different types of organizations to raise capital from
private sources and focus on sources of income that are earned from an
Applicant's operations. With respect to for-profit and non-profit
(excluding Insured Credit Unions) organizations, the value of grants or
other donated assets will not be considered retained earnings. Except
as specified below, retained earnings that can be used for matching
purposes are limited to those amounts that have been accumulated over
the Applicant's most recent fiscal year or the annual average of
amounts earned over the Applicant's three most recent fiscal years. The
Fund will provide an additional option to Insured Credit Unions because
such institutions face unique barriers in raising capital to enhance
their net worth. As non-profit institutions, Insured Credit Unions
cannot sell stock to raise equity capital. Furthermore, Insured Credit
Unions have historically experienced greater difficulty in obtaining
grants from philanthropic sources than other types of non-profit
institutions. The Fund will permit Insured Credit Unions to use net
capital that has been accumulated within the period described above or
since the inception of the organization. In the latter case, the Fund
will provide that--as part of an Applicant's performance goals--an
Insured Credit Union shall increase its member and/or non-member shares
by an amount that is at least equal to four times the amount of net
capital that is committed as matching funds.
Subpart G--Applications for Assistance
Revised Sec. 1805.701(d)(2)(iii) modifies the application
requirements to provide greater flexibility in forms of historic and
projected financial statements that the Fund will accept. In
Sec. 1805.701(e)(3), Insured Credit Unions that seek to use retained
earnings as matching funds are now permitted to substitute certain
information submitted to the National Credit Union Administration in
lieu of tax returns.
IV. Bank Enterprise Award Program
Under the BEA Program (12 CFR part 1806), the Fund will provide
awards to selected Applicants that successfully carry out certain
community development activities. The following summarizes the
amendments to the interim regulations.
Subpart A--General Provisions
Definitions
The term ``Investment'' is added to Sec. 1806.103 to describe the
activities covered by this revision. An ``Investment'' (other than an
Equity Investment in a CDFI) shall be considered to be the purchase of
stock, a limited partnership interest, or another ownership instrument,
or a grant provided by an Applicant or its Subsidiary in a commercial
real estate, single family housing, multi-family housing, business or
agriculture project or activity.
Subpart B--Awards
Community Designation
Section 1806.200 of these Bank Enterprise Award (BEA) Program
interim regulations clarifies that if a Distressed Community is
composed of census tracts, an Applicant may submit estimates of
unemployment using the U.S. Bureau of Labor Statistics' ``Census
Share'' calculation method. An Applicant interested in using the Census
Share method should contact the Fund to obtain instructions for such
calculations.
Application Requirements
Section 1806.201 is revised to permit an Applicant to report
investments (other than Equity Investments in a CDFI) in specific
projects or activities as part of its Eligible Development Activities.
Such investment activities should be reported on the application forms
in the same category of Eligible Development Activity described in
Sec. 1806.201(b)(4) that most closely describes the subject investment
activity (e.g. an investment in a multi-family housing project should
be reported under ``Multi-Family Loans.'').
Section 1806.202 is modified to clarify the manner in which the
Fund will assess the value of an Investment. An Investment will be
valued at the original amount of the purchase of stock, limited
partnership interest, or other ownership interest, or grant.
In response to numerous questions raised by potential Applicants,
the Fund seeks to clarify that Sec. 1806.201(b)(4)(viii) requires an
Applicant to report the amount of funds that are deposited by Residents
of a Distressed Community at offices located within the Distressed
Community. However, the Fund has determined that this will create an
undue burden for many Applicants. For this reason, these interim
regulations give Applicants the option of not reporting information on
its deposit liabilities. In such a case, an Applicant's deposit
liabilities will not be considered (either positively or negatively) in
calculating the service score as described in Sec. 1806.203(b)(1).
Section 1806.202 is also modified to clarify the manner in which
deposit liabilities will be measured. Deposit liabilities shall be
measured by comparing the net change in the amount of applicable funds
on deposit between the beginning and end of the Baseline Period and the
beginning and end of the Assessment Period.
Section 1806.204 is amended to clarify the manner in which an
Applicant should present its application materials if it is merging
with another institution during the Assessment Period. In summary, the
Applicant (which should be the surviving institution) shall submit
materials for it and the institution with which it is merging that
describe the Baseline Period activities of each institution. The
Applicant shall submit a combined projection of Assessment Period
activities of the merged institutions.
Section 1806.206(b)(4) is modified to recognize that some
Applicants may be unable to make firm commitments to provide Equity
Investments to specific CDFIs prior to the application deadline. In
lieu of the requirements described in Sec. 1806.206(b)(4) (which
indicate that an Applicant must identify the specific CDFI in which it
will invest and the terms and conditions of such investment), the Fund
will permit an Applicant to submit: (1) A projection of the total
dollar amount of Equity Investments in CDFIs that it expects to make
during the Assessment Period; (2) a list of potential investees; and
(3) its criteria for making investments.
V. Extension of Comment Period
The Fund hereby extends the deadline for the comment period on the
interim regulations published on October 19, 1995 for the CDFI Program
and BEA Program until March 15, 1996. The Fund strongly encourages all
applicants and other interested parties to submit comments.
[[Page 1701]]
List of Subjects
12 CFR Part 1805
Banks, banking, Community development, Economic development, Grant
programs--community development, Loan programs--community development,
Small businesses.
12 CFR Part 1806
Banks, banking, Community development, Economic development, Grant
programs--community development, Loan programs--community development,
Savings associations, Small businesses.
For the reasons set forth in the preamble, Parts 1805 and 1806 of
Chapter XVIII of Title 12 of the Code of Federal Regulations are
amended as follows:
PART 1805--COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS PROGRAM
1. The authority citation for Part 1805 continues to read as
follows:
Authority: 12 U.S.C. 4703, 4717; chapter X, Pub. L. 104-19, 109
Stat. 237 (12 U.S.C. 4703 note).
2. Section 1805.104(n) is revised to read as follows:
Sec. 1805.104 Definitions.
* * * * *
(n) Comprehensive Business Plan means a document covering not less
than the next five years which meets the requirements described under
Sec. 1805.701(d);
* * * * *
3. Section 1805.201 is amended by adding a new sentence at the end
of the section to read as follows:
Sec. 1805.201 Certification as a Community Development Financial
Institution.
* * * The Fund, at its sole discretion, retains the right to revoke
a certification for good cause.
4. Section 1806.600 is amended by adding after the second sentence
a new sentence to read as follows:
Sec. 1805.600 Matching funds--general.
* * * Funds that have been used to satisfy a legal requirement for
obtaining funds under another Federal grant or award program cannot be
used to satisfy the matching requirements described in this section. *
* *
5. Section 1805.604 is added to subpart F to read as follows:
Sec. 1805.604 Retained earnings.
(a) An Applicant that proposes to meet all or a portion of its
matching funds requirements as set forth in this part by committing
available earnings retained from its operations pursuant to
Sec. 1805.601(c) shall be subject to the restrictions described in this
section.
(b)(1) In the case of a for-profit Applicant, retained earnings
that can be used for matching funds purposes shall consist of:
(i) The increase in retained earnings (excluding the after-tax
value to an Applicant of any grants and other donated assets) that has
occurred over the Applicant's most recent fiscal year (e.g., retained
earnings at the end of fiscal year 1995 less retained earnings at the
end of fiscal year 1994); or
(ii) The annual average of such increases that have occurred over
the Applicant's three most recent fiscal years.
(2) Such retained earnings can be used to match a request for an
equity investment. The terms and conditions of financial assistance
will be determined by the Fund.
(c)(1) In the case of a non-profit Applicant (other than an Insured
Credit Union), retained earnings that can be used for matching funds
purposes shall consist of:
(i) The increase in an Applicant's fund balance (excluding the
amount of any grants and value of other donated assets) that has
occurred over the Applicant's most recent fiscal year; or
(ii) The annual average increases in an Applicant's fund balance
that has occurred over the Applicant's three most recent fiscal years.
(2) Such retained earnings can be used to match a request for a
capital grant. The terms and conditions of financial assistance will be
determined by the Fund.
(d)(1) In the case of an Insured Credit Union Applicant, retained
earnings that can be used for matching funds purposes shall consist of:
(i) The increase in net capital that has occurred over the
Applicant's most recent fiscal year;
(ii) The annual average of increases in net capital that has
occurred over the Applicant's three most recent fiscal years; or
(iii) The entire net capital that has been accumulated since the
inception of the Applicant provided that the conditions described in
paragraph (d)(4) of this section are satisfied.
(2) For the purpose of paragraph (d)(4) of this section, net
capital shall be comprised of ``Regular Reserves'', ``Other Reserves''
(excluding reserves specifically dedicated for losses), and ``Undivided
Earnings'' as such terms are used in the National Credit Union
Administration's accounting manual.
(3) Such retained earnings can be used to match a request for a
capital grant. The terms and conditions of financial assistance will be
determined by the Fund.
(4) If the option described in paragraph (d)(1)(iii) of this
section is used:
(i) An Applicant's performance goals described in Sec. 1805.901(a)
shall provide that:
(A) An Awardee increase its member and/or non-member shares by an
amount that is at least equal to four times the amount of net capital
that is committed as matching funds;
(B) Such increase be achieved within one year of entering into an
Assistance Agreement; and
(C) Such increase be maintained for the period of time covered by
the Comprehensive Business Plan;
(ii) The Applicant's Comprehensive Business Plan shall discuss its
strategy for raising the required shares and the activities associated
with such increased shares;
(iii) The level from which the increases in shares described in
paragraph (d)(4)(i) of this section will be measured shall be the
greater of the level of shares as of:
(A) The end of the calendar year immediately preceding the
applicable application deadline; or
(B) The time that an Applicant is selected to receive assistance;
and
(iv) Financial assistance shall be disbursed by the Fund only as
the amount of shares described in paragraph (d)(4)(i)(A) of this
section is increased.
(5) The Fund will allow an Applicant to utilize the option
described in paragraph (d)(1)(iii) of this section for matching funds
only if it determines, in its sole discretion, that the Applicant will
have a high probability of success in increasing its shares to the
specified amounts.
(e) An Applicant may only use retained earnings to meet the
matching funds requirements if it has liquidity (as determined by the
Fund) in amounts that are equal to or greater than the amount of
retained earnings that is proposed for use as matching funds. In
assessing an Applicant's liquidity for the purposes of this paragraph
(e), the Fund may exclude any amounts that it determines are not
available to promote an Awardee's performance goals and the purposes of
the CDFI Program.
(f) Retained earnings accumulated after the end of the Applicants
most recent fiscal year ending prior to the appropriate application
deadline may not be used as matching funds.
6. Section 1805.701 is amended by revising paragraph (d)(2)(iii)
and the
[[Page 1702]]
first sentence of paragraph (e)(3) introductory text to read as
follows:
Sec. 1805.701 Application contents.
* * * * *
(d) * * *
(2) * * *
(iii) Financial statements. (A) An Applicant shall submit:
(1) Audited financial statements;
(2) Financial statements that have been reviewed by a certified
public accountant; or
(3) Financial statements that have been reviewed by the Applicant's
Appropriate Federal Banking Agency.
(B) All financial statements must utilize accrual based accounting
methods. All historic financial statements shall be reported on the
basis of the Applicant's fiscal year.
* * * * *
(e) * * *
(3) If an Applicant intends to use retained earnings to meet the
matching funds requirements, it shall provide the information described
in paragraph (d)(2)(iii) of this section and a copy of its tax returns
for the same period, or, in the case of an Insured Credit Union, a copy
of its most recent Form 5300 that has been submitted to the National
Credit Union Administration. * * *
* * * * *
PART 1806--BANK ENTERPRISE AWARD PROGRAM
1. The authority citation for Part 1806 continues to read as
follows:
Authority: 12 U.S.C. 4703, 4717; chapter X, Pub. L. 104-19, 109
Stat. 237 (12 U.S.C. 4703 note).
2. Section 1806.103 is amended by adding a new paragraph (dd) to
read as follows:
Sec. 1806.103 Definitions.
* * * * *
(dd) Investment means, for the purpose of Sec. 1806.201(b)(4)(xiv),
the purchase of stock, limited partnership interest, or other ownership
instrument, or a grant in a commercial real estate, single family
housing, multi-family housing, business or agriculture project or
activity.
3. Section 1806.200(b)(2)(ii) is revised to read as follows:
Sec. 1806.200 Community eligibility and designation.
* * * * *
(b) * * *
(2) * * *
(ii) The unemployment rate is at least 1.5 times greater than the
national average, as determined by the U.S. Bureau of Labor Statistics'
most recent data (including estimates of census tract unemployment
developed using the Bureau of Labor Statistics' Census Share
calculation method).
* * * * *
4. Section 1806.201 is amended by revising paragraph (b)(2),
removing ``and'' at the end of paragraph (b)(4)(xii), removing the
period at the end of paragraph (b)(4)(xiii)(B) and adding in its place
``; and'', and adding a new paragraph (b)(4)(xiv) to read as follows:
Sec. 1806.201 Qualified activities.
* * * * *
(b) * * *
(2) Service. The Eligible Development Activities listed in
paragraphs (b)(4)(i) through (vii) and (b)(4)(xiv) of this section must
serve a Distressed Community. An activity is considered to serve a
Distressed Community if it is:
(i) Undertaken in the Distressed Community; or
(ii) Provided to Low and Moderate Income Residents or enterprises
integrally involved in the Distressed Community.
* * * * *
(4) * * *
(xiv) Investments (the same priority factor and reported in the
category of Eligible Development Activity described in paragraphs
(b)(4)(ii) through (vii) of this section that most accurately describes
the type project or activity in which an Investment is made (e.g., an
Investment in a multi-family housing project should be reported under
Multi-family Loans)).
5. Section 1806.202 is amended by revising paragraph (a), removing
``and'' at the end of paragraph (d)(2), removing the period at the end
of paragraph (d)(3) and adding ``; and'' in its place, and adding new
paragraphs (b)(4) and (d) to read as follows:
Sec. 1806.202 Measuring activities.
(a) General. Qualified Activities shall be measured by comparing
the Qualified Activities carried out during the Baseline Period with
the Qualified Activities projected to be carried out during the
Assessment Period. Increases in the values of Qualified Activities
between the Baseline and Assessment Periods will be used in determining
award amounts. Applicants shall report their activities in all
categories of Qualified Activities for the Baseline and Assessment
Periods. At its option, an Applicant may select not to report its
deposit liabilities as described in Sec. 1806.201(b)(4)(viii). In such
a case, an Applicant's deposit liabilities will not be considered in
calculating the service score pursuant to Sec. 1806.203(b)(1). The
dates of the Baseline and Assessment Periods will be published in the
NOFA for each funding round.
(b) * * *
(4) Investments at the original amount of the purchase of stock,
limited partnership interest, other ownership interest, or grant.
* * * * *
(d) Deposit liabilities. (1) Deposit liabilities shall be measured
by comparing the net change in the amount of applicable funds (as
described in Sec. 1806.201(b)(4)(viii)) on deposit at the Applicant
institution during the periods described in paragraphs (d)(2) and
(d)(3) of this section.
(2) An Applicant shall measure the net change in deposit
liabilities during the Baseline Period by comparing the amount of
applicable funds on deposit at the close of business the day before the
beginning of the Baseline Period and at the close of business on the
last day of the Baseline Period.
(3) An Applicant shall measure the net change in deposit
liabilities during the Assessment Period by comparing the amount of
applicable funds on deposit at the close of business the day before the
beginning of the Assessment Period and at the close of business on the
last day of the Assessment Period.
7. Section 1806.206 is amended by revising paragraphs (b)(1) and
(b)(4) to read as follows:
Sec. 1806.206 Applications for Bank Enterprise Awards.
* * * * *
(b) * * *
(1) A completed Bank Enterprise Award Rating and Calculation
worksheet (If an Applicant intends to complete a merger with another
institution during the Assessment Period, it shall submit a separate
Baseline Period worksheet for each subject institution and one
Assessment Period worksheet that represents the projected activities of
the merged institutions. If such a merger is unexpectedly delayed
beyond the end of the Assessment Period, the Fund reserves the right to
withhold distribution of an award until the merger has been
completed.);
* * * * *
(4) If applicable:
(i) A narrative description of each CDFI that the Applicant
proposes to provide an Equity Investment in and the amount, terms, and
conditions of the investment; or
(ii)(A) A projection of the aggregate dollar amount of Equity
Investments it proposes to make during the Assessment Period;
(B) A list of potential investees; and
[[Page 1703]]
(C) A description of its investment criteria;
* * * * *
Dated: January 17, 1996.
Kirsten S. Moy,
Director, Community Development Financial Institution Fund.
[FR Doc. 96-745 Filed 1-22-96; 8:45 am]
BILLING CODE 4810-70-P
Complete official Federal Register PDF
FR Doc. 96-723 Drawbridge Operation Regulations; Atlantic Intracoastal Waterway, Elizabeth River, Southern Branch, Chesapeake, VA
[Federal Register Volume 61, Number 15 (Tuesday, January 23, 1996)]
[Rules and Regulations]
[Pages 1714-1715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-723]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD05-95-029]
RIN 2115-AE47
Drawbridge Operation Regulations; Atlantic Intracoastal Waterway,
Elizabeth River, Southern Branch, Chesapeake, VA
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: At the request of the City of Chesapeake, the Coast Guard is
changing the regulations that govern the operation of the Dominion
Boulevard drawbridge across the Southern Branch of the Elizabeth River,
Atlantic Intracoastal Waterway, mile 8.8, at Chesapeake, Virginia, by
extending the period of restricted bridge openings for recreational
vessels during the morning rush hours. It is also eliminating language
referring to an evening rush hour opening for waiting recreational
boats. This rule is intended to provide for regularly scheduled
drawbridge openings to help reduce motor vehicle traffic delays and
congestion on the roads and highways linked by this drawbridge, while
still providing for the reasonable needs of navigation.
EFFECTIVE DATE: This rule is effective on February 22, 1996.
FOR FURTHER INFORMATION CONTACT: Ann B. Deaton, Bridge Administrator,
Fifth Coast Guard District, at (804) 398-6222.
SUPPLEMENTARY INFORMATION:
Drafting Information
The principal persons involved in drafting this document are Linda
L. Gilliam, Project Manager, Bridge Section, and CDR T.R. Cahill,
Project Counsel, Fifth Coast Guard District Legal Office.
Regulatory History
On July 20, 1995, the Coast Guard published a Notice of Proposed
Rulemaking (NPRM) entitled ``Drawbridge Operation Regulations;
Elizabeth River, Southern Branch, Chesapeake, Virginia'' in the Federal
Register (60 FR 37417). In addition to publishing the NPRM, the Coast
Guard also announced the proposed changes in Public Notice 5-860. The
comment period ended October 18, 1995. Two comments were received. A
public hearing was not requested and one was not held.
Background and Purpose
The Dominion Boulevard Bridge, also known as the Steel Bridge,
crosses the Atlantic Intracoastal Waterway, Southern Branch of the
Elizabeth River, mile 8.8. The proposed changes were requested by the
City of Chesapeake, Virginia, in order to alleviate delays to vehicle
traffic caused by opening the draw for passage of recreational vessels.
Discussion of Comments and Changes
The NPRM proposed changes to 33 CFR 117.997, regulations governing
operation of a drawbridge across the Southern Branch of the Elizabeth
River on Dominion Boulevard (Route 190), in Chesapeake, Virginia. The
proposed changes included extending the morning rush hour period of
restricted openings from 8 a.m. to 9 a.m. and eliminating language
referring to a 5 p.m. opening for waiting recreational vessels.
Two comments were received on the proposed changes, one from a
commercial waterway user and one from a recreational boater. Both
comments objected to the proposed changes. A commercial waterway user
requested that the hours of restriction apply only to openings for
recreational vessels, and not to openings for commercial vessels. The
NPRM did not propose changes to bridge openings for commercial vessels,
and this final rule does not change the previous requirement. The draw
will continue to open on signal for commercial vessels.
A recreational boater asked that the Coast Guard schedule openings
for recreational vessels during the hours of restricted openings. The
Coast Guard does not agree. As a result of urban development, Dominion
Boulevard has become a heavily-travelled commuter thoroughfare. Bridge
openings during rush hours severely disrupt vehicular traffic. The
purpose of the proposed changes is to establish a schedule that
balances the reasonable needs of waterway users and the reasonable
needs of vehicular traffic. The Coast Guard believes that the proposed
changes will improve the flow of motor traffic and diminish vehicular
delay while not unduly restricting the passage of recreational vessels.
A boat would have to wait no more than two hours for the next opening,
and a recreational vessel owner may plan the vessel's transit based on
the hours of unrestricted openings.
This final rule adopts the changes proposed in the NPRM. It extends
the end morning rush hour period of restricted openings from 8 a.m. to
9 a.m. The morning rush hour period of restricted openings will now run
from 7 a.m. to 9 a.m. The evening rush hour period will continue to run
from 4 p.m. to 6 p.m., and a provision specifically referring to a 5
p.m. opening for waiting recreational vessels is eliminated. The draw
will continue to open on signal for passage of commercial vessels. It
will also continue to open at any time for passage of vessels in
emergencies involving danger to life or property.
This final rule also includes an editorial change to make 33 CFR
117.997 consistent with Coast Guard bridge administration policies.
Coast Guard policy is to specify, by regulation, the periods of time
and conditions for which a bridge must open for passage of vessels. By
implication, the bridge may remain closed except as specified. However,
the Coast Guard does not require that a bridge remain closed, and a
bridge owner or operator may open the bridge even though not required
to do so. Therefore, in 33 CFR 117.997(e)(1), this final rule adopts
language to indicate that the bridge ``need not'' open for passage of
recreational vessels during the specified periods, rather than indicate
that it may not open during those periods.
Regulatory Evaluation
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866 and does not require an assessment of
potential costs and benefits under section 6(a)(3) of that order. It
has been exempted from review by the Office of Management and Budget
under that order. It is not significant under the regulatory policies
and procedures of the Department of Transportation (DOT) (44 FR 11040;
February 26, 1979). The Coast Guard expects the economic impact of this
rule to be so minimal that a full Regulatory Evaluation under paragraph
10e of the regulatory policies and procedures of DOT is unnecessary.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this final rule will have a
significant economic impact on a substantial number of small entities.
''Small entities'' include independently owned and operated small
businesses that are not dominant in their field and that otherwise
qualify
[[Page 1715]]
as ``small business concerns'' under section 3 of the Small Business
Act (15 U.S.C. 632). Because it expects the impact of this rule to be
minimal, the Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
Collection of Information
This rule contains no collection of information requirements under
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this rule under the principles and
criteria contained in Executive Order 12612, and it has been determined
that this rule will not have sufficient federalism implications to
warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this rule
and concluded that under section 2.B.2.e.(32)(e) of Commandant
Instruction M16475.1B (as amended, 59 FR 38654, July 29, 1994), this
rule is categorically excluded from further environmental
documentation. A Categorical Exclusion Determination statement has been
prepared and placed in the rulemaking docket.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
In consideration of the foregoing, the Coast Guard is amending Part
117 of Title 33, Code of Federal Regulations to read as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
1. The authority citation for Part 117 continues to read as
follows:
Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 CFR 1.05-1(g); Section
117.255 also issued under the authority of Pub. L. 102-587, 106
Stat. 5039.
2. In Sec. 117.997, paragraph (e) is revised to read as follows:
Sec. 117.997 Atlantic Intracoastal Waterway, South Branch of the
Elizabeth River to the Albermarle and Chesapeake Canal.
* * * * *
(e) The draw of the Dominion Boulevard Bridge, mile 8.8, in
Chesapeake shall open on signal, except:
(1) From 7 a.m. to 9 a.m. and from 4 p.m. to 6 p.m., Monday through
Friday, except Federal holidays, the drawbridge need not open for the
passage of recreational vessels.
(2) Vessels in an emergency involving danger to life or property
shall be passed at any time.
* * * * *
Dated: December 26, 1995.
W.J. Ecker,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 96-723 Filed 1-22-96; 8:45 am]
BILLING CODE 4910-14-M
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