issue-1996-02-06•Federal Register final rules — 1996-02-06
Federal Register final rules — 1996-02-06
issue-1996-02-06Federal Register final rules — 1996-02-06Regulation
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. 96-2519 Statutory Reimbursement for Land
[Federal Register Volume 61, Number 25 (Tuesday, February 6, 1996)]
[Rules and Regulations]
[Pages 4351-4352]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2519]
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DEPARTMENT OF DEFENSE
32 CFR Part 843
Statutory Reimbursement for Land
AGENCY: Department of the Air Force, Department of Defense.
ACTION: Final rule; withdrawal.
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SUMMARY: The Department of the Air Force is amending Title 32, Chapter
VII of the CFR by removing Part 843, Statutory Reimbursement for Land.
The Corps of Engineers acts as the Air
[[Page 4352]]
Force's real estate agent in acquiring land and routinely exercises the
Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970, 42 U.S.C. Sec. 4601 et. seq., to authorize payment of
relocation costs. Since 32 CFR Part 843 is no longer used for this
purpose, it is removed from the Code of Federal Regulations.
EFFECTIVE DATE: February 6, 1996.
FOR FURTHER INFORMATION CONTACT: Mr. Charles G. Skidmore, AFREA/MI, 112
Luke Avenue Room 104, Bolling AFB DC 20332-8020, telephone (202) 767-
4033.
SUPPLEMENTARY INFORMATION:
List of Subjects in 32 CFR Part 843
Claims.
Authority: 10 U.S.C. 8013
PART 843--[REMOVED]
Accordingly, 32 CFR, Chapter VII, is amended by removing Part 843.
Patsy J. Conner,
Air Force Federal Register Liaison Officer.
[FR Doc. 96-2519 Filed 2-5-96; 8:45 am]
BILLING CODE 3910-01-P
Complete official Federal Register PDF
FR Doc. 96-2518 Foreign Tax Relief Program
[Federal Register Volume 61, Number 25 (Tuesday, February 6, 1996)]
[Rules and Regulations]
[Page 4352]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2518]
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DEPARTMENT OF DEFENSE
32 CFR Part 848
Foreign Tax Relief Program
AGENCY: Department of the Air Force, Department of Defense.
ACTION: Final rule; withdrawal.
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SUMMARY: The Department of the Air Force is amending Title 32, Chapter
VII of the CFR by removing Part 848, Foreign Tax Relief Program. This
rule is removed because it has limited applicability to the general
public. This action is the result of departmental review. The intended
effect is to ensure that only regulations which substantially affect
the public are maintained in the Air Force portion of the Code of
Federal Regulations.
EFFECTIVE DATE: February 6, 1996.
FOR FURTHER INFORMATION CONTACT: MsPatsy J. Conner, Air Force Federal
Register Liaison Officer, SAF/AAIQ, 1610 Air Force Pentagon,
Washington, DC 20330-1610, telephone (703) 614-3488.
SUPPLEMENTARY INFORMATION:
List of Subjects in 32 CFR Part 848
Foreign relations, Government contracts, Taxes.
Authority: 10 U.S.C. 8013.
PART 848--[REMOVED]
Accordingly, 32 CFR, Chapter VII, is amended by removing Part 848.
Patsy J. Conner,
Air Force Federal Register Liaison Officer.
[FR Doc. 96-2518 Filed 2-5-96; 8:45 am]
BILLING CODE 3910-01-P
Complete official Federal Register PDF
FR Doc. 96-2517 Support of Nongovernmental Test and Evaluation
[Federal Register Volume 61, Number 25 (Tuesday, February 6, 1996)]
[Rules and Regulations]
[Page 4351]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2517]
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DEPARTMENT OF DEFENSE
Department of the Air Force
32 CFR Part 835
Support of Nongovernmental Test and Evaluation
AGENCY: Department of the Air Force, Department of Defense.
ACTION: Final rule; withdrawal.
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SUMMARY: The Department of the Air Force is amending Title 32, Chapter
VII of the CFR by removing Part 835, Support of Nongovernmental Test
and Evaluation. The rule is removed since the source document, AFR 80-
19, was rescinded.
EFFECTIVE DATE: February 6, 1996.
FOR FURTHER INFORMATION CONTACT: Ms. Patsy Conner, Air Force Federal
Register Liaison Officer, SAF/AAIQ, 1610 Air Force Pentagon,
Washington, DC 20330-1610.
SUPPLEMENTARY INFORMATION:
List of Subjects in 32 CFR Part 835
Federal buildings and facilities, Research.
Authority: 10 U.S.C. 8013
PART 835--[REMOVED]
Accordingly, 32 CFR, Chapter VII, is amended by removing Part 835.
Patsy J. Conner,
Air Force Federal Register Liaison Officer.
[FR Doc. 96-2517 Filed 2-5-96; 8:45 am]
BILLING CODE 3910-01-P
Complete official Federal Register PDF
FR Doc. 96-2514 Air Force Systems Command Contractor Performance Assessment
[Federal Register Volume 61, Number 25 (Tuesday, February 6, 1996)]
[Rules and Regulations]
[Page 4351]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2514]
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DEPARTMENT OF DEFENSE
32 CFR Part 838
Air Force Systems Command Contractor Performance Assessment
AGENCY: Department of the Air Force, Department of Defense.
ACTION: Final rule; withdrawal.
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SUMMARY: On August 11, 1988, the Department of the Air Force published
(at 53 FR 30253) a final rule to amend 32 CFR by adding Part 838, Air
Force Systems Command Contractor Performance Assessment. As a result of
an Air Force reorganization, Air Force Systems Command was deactivated.
Also an initiative in the Air Force to streamline and reduce Air Force
publications resulted in the cancellation of the source document, Air
Force Systems Command Regulation 800-54, AFSC Contractor Performance
Assessment. On March 31, 1995, a final rule was published in the
Federal Register entitled Federal Acquisition Regulation; Past
Performance Information. On November 17, 1995, a proposed rule was
published in the Federal Register entitled Defense Federal Acquisition
Regulation Supplement; Past Performance. Therefore the Air Force's
final rule on contractor performance assessment is withdrawn.
EFFECTIVE DATE: February 6, 1996.
FOR FURTHER INFORMATION CONTACT: Maj. Bratten, SAF/AQS, 1060 Air Force
Pentagon, Washington, DC 20330-1060, telephone (703) 697-6400.
SUPPLEMENTARY INFORMATION:
List of Subjects in 32 CFR Part 838
Government contracts.
Authority: 10 U.S.C. 8013.
PART 838--[REMOVED]
Accordingly, 32 CFR, Chapter VII, is amended by removing Part 838.
Patsy J. Conner,
Air Force Federal Register Liaison Officer.
[FR Doc. 96-2514 Filed 2-5-96; 8:45 am]
BILLING CODE 3910-01-P
Complete official Federal Register PDF
FR Doc. 96-2497 Designation of Areas for Air Quality Planning Purposes; South Dakota; Approval of Redesignation Request
[Federal Register Volume 61, Number 25 (Tuesday, February 6, 1996)]
[Rules and Regulations]
[Pages 4357-4359]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2497]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[FRL-5412-5]
Designation of Areas for Air Quality Planning Purposes; South
Dakota; Approval of Redesignation Request
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: In this document, EPA is approving an October 12, 1995 request
from the designee of the Governor of South Dakota to redesignate the
``Rest of State'' area designated under section 107 of the Clean Air
Act (Act), which includes the entire State of South Dakota except the
Rapid City area, from unclassifiable to attainment for PM-10. EPA is
approving the redesignation request because the State has adequately
demonstrated that the ``Rest of State'' is in attainment of the PM-10
National Ambient Air Quality Standards (NAAQS) and that it will
continue to maintain the PM-10 NAAQS. The requirements that will apply
in the ``Rest of State'' area will not change as a result of this
action because, for the purposes of the requirements of the Act,
unclassifiable areas and attainment areas are treated the same.
DATES: This action is effective on April 8, 1996 unless adverse or
critical comments are received by March 7, 1996. If the effective date
is delayed, timely notice will be published in the Federal Register.
ADDRESSES: Copies of the State's submittal and other relevant
information are available for inspection during normal business hours
at the following locations: Air Program, U.S. Environmental Protection
Agency, Region VIII, 999 18th Street, Suite 500, Denver, Colorado
80202-2466; and South Dakota Department of Environment and Natural
Resources, Division of Environmental Regulation, Joe Foss Building,
Pierre, South Dakota 57501.
FOR FURTHER INFORMATION CONTACT: Vicki Stamper, 8ART-AP, U.S.
Environmental Protection Agency, Region VIII, 999 18th Street, Suite
500, Denver, Colorado 80202-2466, (303) 312-6445.
SUPPLEMENTARY INFORMATION:
I. Background
The State of South Dakota has two areas designated under section
107 of the Act for PM-10 in 40 CFR 81.342, both of which are designated
as unclassifiable: the ``Rapid City Area'' and the ``Rest of State''
(see 60 FR 55800, November 3, 1995, for the initial promulgation of PM-
10 table in 40 CFR 81.342). EPA designated these areas as
unclassifiable, rather than attainment, to be consistent with section
107(d)(4)(B) of the Act, which states that any area not initially
designated as nonattainment for PM-10 shall be designated
unclassifiable. Both ``unclassifiable'' and ``attainment'' areas have
the same status relative to the applicable requirements of the Act.
However, States do have the option of requesting redesignation of
such areas from unclassifiable to attaintment for PM-10, if certain
requirements are met. In a September 13, 1995 letter to the State of
South Dakota, EPA stated that the following requirements needed to be
met in order for EPA to redesignate an area from unclassifiable to
attainment for PM-10:
A. EPA must receive a request from the Governor (or his/her
designee) to redesignate an area from unclassifiable to attainment for
PM-10 pursuant to section 107(d)(3)(D) of the Act;
B. The State must have a maintenance plan pursuant to section 175A
of the Act which, for redesignation from unclassifiable to attainment,
would include the existing State regulations approved in the SIP that
control emissions of PM-10 in the area; and
C. Verification of three consecutive years of clean air quality PM-
10 data for the area.
With such a submittal showing that the area is in attainment of the
PM-10 NAAQS and that the area will maintain attainment based on the PM-
10 controls in the SIP, EPA can redesignate an area from unclassifiable
to attainment for PM-10.
II. Evaluation of State's Submittal
On October 12, 1995, the designee of the Governor of South Dakota
submitted a request pursuant to section 107(d)(3)(D) of the Act for the
``Rest of State'' area (which includes the entire State except the
Rapid City area) to be redesignated from unclassifiable to attainment
for PM-10. The State's letter indicated that the air quality monitoring
data for the ``Rest of State,'' all of which has been entered into
EPA's aerometric information retrieval system (AIRS) database, show
levels less than the PM-10 NAAQS. Further, the State indicated that the
South Dakota air monitoring network for the ``Rest of State'' is
reviewed annually to ensure that the monitors are measuring maximum PM-
10 concentrations, and that the most recent network review was sent to
EPA in August of 1995. Last, the State indicated that Article 74:36 of
the Administrative Rules of South Dakota (ARSD), which was most
recently approved by EPA as part of the SIP on September 6, 1995 (60 FR
46222), will ensure that attainment of the PM-10 NAAQS will be
maintained in the ``Rest of State'' area.
A review of the data entered by the State into the AIRS database
found that the ``Rest of State'' area is in attainment of the PM-10
NAAQS. The State currently has three PM-10 monitoring stations in the
``Rest of State'' area: two in Sioux Falls and one in Brookings. Based
on the information included in the most recent annual network review
(which was approved by EPA on August 18, 1995), EPA is confident that
these monitors are in the areas of expected maximum PM-10
concentrations in the ``Rest of State'' area. A review of the data
indicates there have been no violations of the PM-10 24-hour or
[[Page 4358]]
annual NAAQS at any of these monitors in the last three calendar years
(1992 through 1994), and the expected number of PM-10 exceedances is
less than 1.0 per year. The PM-10 data currently in AIRS for 1995 also
shows no violations. Thus, EPA believes the ``Rest of State'' area in
South Dakota, which includes the entire State except the ``Rapid City
Area,'' is in attainment of the PM-10 NAAQS.
The State of South Dakota has many regulations in its SIP which
will help to ensure that the ``Rest of State'' area maintains
attainment of the PM-10 NAAQS. First, the State has a construction and
operating permit program in ARSD 74:36:04, for minor sources greater
than 25 tons per year, and in ARSD 74:36:05, for major sources greater
than 100 tons per year. These regulations allow the State to issue a
permit for a new source to construct or operate only when it has been
shown that the new source will not prevent or interfere with attainment
or maintenance of the NAAQS. Further, the State has also been delegated
authority to implement the Federal prevention of significant
deterioration (PSD) permitting program in 40 CFR 52.21 which includes,
among other things, the requirement that new and modified major
stationary sources comply with the PM-10 increments and apply best
available control technology (BACT). Thus, the State's permitting
requirements should ensure that new growth in stationary source
emissions does not impact attainment or maintenance of the PM-10 NAAQS
in the ``Rest of State'' area.
In addition to the permitting requirements, the State has specific
regulations that control the emissions of particulate matter, including
PM-10, in ARSD 74:36:06, 74:36:07, and 74:36:15. These include
particulate emission limits for fuel-burning units, process industry
units, incinerators, and wood waste burners; a 20% opacity limit that
generally applies to all sources; and open burning requirements. Last,
the State has adopted most of the Federal new source performance
standards (NSPS) of 40 CFR part 60 in ARSD 74:36:07, and many of these
regulations also help to reduce PM-10 emissions. Thus, EPA believes
these existing State regulations, which have been approved by EPA as
part of the SIP, will help to ensure that the ``Rest of State'' area
maintains attainment of the PM-10 NAAQS.
Based on the fact that the ``Rest of State'' area is in attainment
of both the 24-hour and annual PM-10 NAAQS and that the State has
controls in place that will help to ensure the ``Rest of State''
maintains attainment of the PM-10 NAAQS, EPA believes it is appropriate
to approve the State's request to redesignate the ``Rest of State''
from unclassifiable to attainment for PM-10. The State will still be
required to conduct annual monitoring network reviews to ensure the PM-
10 monitors are measuring maximum concentrations, so EPA will be aware
if the attainment status of this area changes in the future and
triggers the need for additional PM-10 controls as required by the Act.
Final Action
EPA is approving the State of South Dakota's request to redesignate
the ``Rest of State'' area in 40 CFR 81.342 from unclassifiable to
attainment for PM-10.
The EPA is publishing this action without prior proposal because
the Agency views this as a noncontroversial action and anticipates no
adverse comments. However, in a separate document in this Federal
Register publication, the EPA is proposing to approve the State's
request should adverse or critical comments be filed. Under the
procedures established in the May 10, 1994 Federal Register (59 FR
24054), this action will be effective on April 8, 1996 unless, by March
7, 1996, adverse or critical comments are received.
If the EPA receives such comments, this action will be withdrawn
before the effective date by publishing a subsequent notice that will
withdraw the final action. All public comments received will 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 on April 8, 1996.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any SIP. Each request for revision to any SIP shall be
considered separately in light of specific technical, economic, and
environmental factors and in relation to relevant statutory and
regulatory requirements.
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for
Air and Radiation. The Office of Management and Budget (OMB) has
exempted this regulatory action from Executive Order 12866 review.
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et. seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. 603 and 604.
Alternatively, EPA may certify that the rule will not have a
significant 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.
Redesignation of an area under section 107(d)(3)(D) of the Act does
not impose any new requirements on small entities. Redesignation is an
action that affects the status of a geographical area and does not
impose any regulatory requirements on sources. The Administrator
certifies that the approval of the redesignation request will not
affect a substantial number of 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, 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.
The State has requested redesignation of the ``Rest of State'' area
from unclassifiable to attainment for PM-10, in accordance with section
107 of the Act. EPA's approval of this redesignation request will
impose no new requirements. Accordingly, no additional costs to State,
local, or tribal governments, or to the private sector, will result
from this action. EPA has also determined that this final action does
not include a mandate that may result in estimated costs of $100
million or more to State, local, or tribal governments in the aggregate
or to the private sector.
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by April 8, 1996. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2).)
[[Page 4359]]
List of Subjects in 40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: January 23, 1996.
Jack W. McGraw,
Acting Regional Administrator.
40 CFR part 81 is amended as follows:
PART 81--[AMENDED]
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
2. Section 81.342 is amended by revising the table for ``South
Dakota--PM-10'' to read as follows:
Sec. 81.342 South Dakota.
* * * * *
South Dakota--PM-10
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Designation Classification
Designated Area ----------------------------------------------------------------------------------
Date Type Date Type
----------------------------------------------------------------------------------------------------------------
Rapid City Area.............. 11/15/90................ Unclassifiable.......... .............. .............
Rest of State\1\............. April 8, 1996........... Attainment.............. .............. .............
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\1\ Denotes a single area designation for PSD baseline area purposes.
* * * * *
[FR Doc. 96-2497 Filed 2-5-96; 8:45 am]
BILLING CODE 6560-50-P
Complete official Federal Register PDF
FR Doc. 96-2492 Denial of Petition for Rulemaking; Federal Motor Vehicle Safety Standards
[Federal Register Volume 61, Number 25 (Tuesday, February 6, 1996)]
[Rules and Regulations]
[Pages 4370-4372]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2492]
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DEPARTMENT OF TRANSPORTATION
49 CFR Part 571
Denial of Petition for Rulemaking; Federal Motor Vehicle Safety
Standards
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation.
ACTION: Denial of petition for rulemaking.
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SUMMARY: This document denies the California Highway Patrol's petition
to amend Federal Motor Vehicle Safety Standard (FMVSS) 108, Lamps,
reflective devices and associated equipment, to include requirements
that no visible color other than white be emitted from headlamps at any
axis. NHTSA's analysis of the petition concludes that this action would
have no effect upon highway safety and would cause many if not all
presently complying headlamps to be non-complying.
FOR FURTHER INFORMATION CONTACT: Richard L. Van Iderstine, Safety
Performance Standards, NHTSA, 400 Seventh Street, SW, Washington, DC
20590. Mr. Van Iderstine's telephone number is: (202) 366-5275. His
facsimile number is (202) 366-4329.
SUPPLEMENTARY INFORMATION: By letter dated May 31, 1995, Lt. R.B.
Wineinger, Acting Commander, Hazardous Materials Section, Department of
[[Page 4371]]
California Highway Patrol (CHP) petitioned the agency to amend FMVSS
108 to include requirements that no visible color other than white be
emitted from headlamps at any axis.
CHP is concerned about the use of ``Color-Clear TM'' headlamps
manufactured and recently introduced by Philips Lighting Company (``the
Headlamps''). CHP states that, with the Headlamps, the color red is
clearly visible when viewing the lamp from off-axis positions. While
CHP agrees that this does not approximate the red light emitted from
red authorized emergency vehicle (AEV) warning lamps under static test
conditions, it is concerned that such lamps could cause confusion under
actual driving conditions where sight recognition time is often
restricted to very short periods. CHP is also concerned about the
potential for misuse or abuse of these lamps among certain segments of
the public. CHP states that it does not wish to unduly restrict or
burden the manufacturers of lamps and lighting devices, but does
believe that any device which displays any amount of red light to the
front of motor vehicles may have a negative impact on highway safety.
CHP states that the lamps are also unlawful under California law.
California Vehicle Code Section 25950(a) reads, in part, as follows:
``The emitted light from all lamps and the reflected light from all
reflectors, visible from the front of the vehicle shall be white or
yellow.'' CHP would like to prohibit the use of the Headlamps and any
others that perform similarly, but believes that California is
prohibited from doing this because FMVSS No. 108 pre-empts California
law and the lamps meet the requirements of FMVSS 108.
Analysis of Petition: NHTSA personnel have viewed the Headlamps
when operating and not operating. On April 26, 1995, Philips Lighting
Company demonstrated the Headlamps and presented a report from ETL
Testing Laboratories (ETL) that showed that the color of light from the
Headlamps is identical to that of standard halogen headlamps. In
response to a letter requesting an interpretation of the color
requirements of FMVSS No. 108, on May 11, 1995, NHTSA wrote to the
manufacturer of the Headlamps and agreed with its conclusion that the
Headlamps were designed to conform to the FMVSS No. 108. During the
demonstration NHTSA observed that the Headlamps are built with an
internal honeycomb structure placed between the reflector and the lens.
This honeycomb structure can be colored by the lamp manufacturer, and
Philips had done so with the colors white, black, red and blue. Other
colors appear to be feasible.
The structure appears colorless and almost invisible when viewed
``on'' axis (from straight ahead), whether the lamp is turned on or
not. As the ETL test report stated, the structure appears to have no
effect on the formation of the beam and the photometric performance. In
the ``on'' state, the preponderance of light emitted is white when
viewed with the human eye. At large off-axis angles to the side, some
color does appear, and is noticeable when projected on a white screen.
In the ``off'' state, as the off-axis viewing angle increases, the
color of the honeycomb structure becomes apparent because of ambient
light that enters the lamp and is reflected off the internal colored
structure. In thinking about that demonstration, whether on or off, the
agency believes that colored light from the Headlamp's internal
structure would be less noticeable than colored light reflected off
adjacent colored trim, and painted fenders and hoods of motor vehicles.
These are permitted to be any color and as a consequence, may reflect
any color as may headlamps without the inserted honeycomb structure.
CHP did not show that the Headlamps could cause onlookers to
misidentify the vehicle as an AEV or that the Headlamps could somehow
be misused to make onlookers misidentify the vehicle as an AEV.
Accordingly, NHTSA is not convinced that the Headlamps present any
danger to the public from either a highway safety or misrepresentation
perspective.
An additional and very compelling issue is that which results from
the specific language that CHP has asked to be incorporated in the
FMVSS No. 108. CHP wants the lighting standard ``to include
requirements that no visible color other than white be emitted from
headlamps at any axis.'' This requirement, if implemented, would have
the effect of banning almost all headlamps that are manufactured for
the U.S. market. This is because of the physics of light transmission
through lenses. As light passes through prisms (the fluting patterns on
headlamp lenses), the light path is bent to direct the light in
directions chosen by the optical engineer. This is done to form the
beam for compliance purposes and for achieving a safe highway beam. As
the light is refracted in the prism, the light has the tendency to
split into its constituent wavelengths, causing visible colors other
than white to appear at the edges of the beam. These are rarely seen in
the main part of the beam because of the multiples of light rays adding
to each other and achieving white light. Where it can be noticed,
however, is at extreme angles where there are large gradients between
light and dark areas of the beam. Often red and blue color is visible
in these regions. Thus, even headlamps that do not have the special
internal features of the Headlamps will emit light in some parts of the
beam pattern that is a color other than white. Under the CHP proposed
language, most headlamps would be deemed non-complying after a test for
emitting only white light.
Finding colors at the periphery of the beam pattern are of no
highway safety consequence because the light levels are low, the
locations are near the periphery of forward vision, relatively close to
the vehicle, and target identification (as opposed to target
noticeability) under these circumstances has never been identified as
necessary of regulation. There is no safety justification for
regulating such performance.
The petitioner believes that California Vehicle Code Section
25950(a) is preempted, and that California is thereby prohibited from
enforcing the Code against the Headlamps. Under 49 U.S.C. 30103(b), no
State may enact or continue in effect a standard covering the same
aspect of performance as a FMVSS unless it is identical to the FMVSS.
The purpose of the preemption clause is to relieve the burden on
commerce that would ensue were States to have differing safety
standards on the same aspect of performance. With respect to the color
of headlamps, Section 25950(a) is, on its face, essentially identical
to FMVSS No. 108. FMVSS No. 108 specifies white as the color for
headlamps, while Section 25950(a) states that ``[t]he emitted light
from all lamps * * * visible from the front of the vehicle shall be
white * * *.'' However, Section 25950(a), as interpreted by California,
is not identical to FMVSS No. 108. While the Headlamps are white and
thus meet the color requirement of FMVSS No. 108, they are regarded by
California as failing to meet its requirement. The preemption clause
requires State standards be identical not only on their face but also
as interpreted. Thus, NHTSA concurs with California's conclusion that
the preemption clause prohibits that State from prohibiting use of the
Headlamps because of their color.
In accordance with 49 CFR part 552, this completes the agency's
review of the petition. The agency has concluded that there is no
reasonable possibility that the amendment requested by the petitioner
would be issued at the conclusion of the rulemaking proceeding.
Accordingly, it denies the CHP petition.
[[Page 4372]]
Authority: 49 U.S.C. 30103, 30111 30162; delegations of
authority at 49 CFR 1.50 and 501.8.
Issued on: February 1, 1996.
Barry Felrice,
Associate Administrator for Safety Performance Standards.
[FR Doc. 96-2492 Filed 2-5-96; 8:45 am]
BILLING CODE 4910-59-P
Complete official Federal Register PDF
FR Doc. 96-2488 Endangered and Threatened Wildlife and Plants; Final Rule To Delist Bidens cuneata (cuneate bidens), a Hawaiian Plant
[Federal Register Volume 61, Number 25 (Tuesday, February 6, 1996)]
[Rules and Regulations]
[Pages 4372-4373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2488]
=======================================================================
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AB88
Endangered and Threatened Wildlife and Plants; Final Rule To
Delist Bidens cuneata (cuneate bidens), a Hawaiian Plant
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: The U.S. Fish and Wildlife Service (Service) determines to
remove a plant, Bidens cuneata (cuneate bidens), from the List of
Endangered Plants. This action is based on a review of the best
available scientific and commercial data, which indicate that this
plant is not a discrete taxonomic entity and therefore does not meet
the definition of a species as defined by the Endangered Species Act of
1973, as amended (Act). Extensive studies associated with a recent
revision of the Hawaiian members of the genus have concluded that
Bidens cuneata is an outlying population of Bidens molokaiensis, which
is common along the windward cliffs of the island of Molokai.
EFFECTIVE DATE: February 6, 1996.
ADDRESSES: The complete file for this final rule is available for
public inspection, by appointment, during normal business hours, at the
U.S. Fish and Wildlife Service, Pacific Islands Ecoregion, 300 Ala
Moana Boulevard, Room 3108, P.O. Box 50088, Honolulu, Hawaii 96850.
FOR FURTHER INFORMATION CONTACT: Robert P. Smith, Pacific Islands
Ecoregion Manager, at the above address (808/541-2749).
SUPPLEMENTARY INFORMATION:
Background
The type specimen for Bidens cuneata was collected on Diamond Head,
Oahu, by William A. Bryan on December 6, 1903, and was formally
described by Earl E. Sherff in 1920 (Sherff 1920, Takeuchi 1980).
Subsequent to its initial discovery, there were no further collections
or observations of the species, leading botanists to believe that it
could have gone extinct. In 1955, the species was rediscovered in the
area where it was collected originally (Takeuchi 1980).
Hybrids of the Hawaiian Bidens species can readily be induced
experimentally and result in highly fertile progeny, indicating a
general lack of genetic barriers within the group. Based upon
experimental crosses in the Hawaiian members of the genus, Gillette and
Lim (1970) concluded that Bidens cuneata was a natural hybrid between
Bidens mauiensis, native to the island of Maui, and Bidens
molokaiensis, which is restricted to Molokai Island; however, few
botanists accepted this conclusion. Citing the occurrence of natural
and experimental hybrids, Gillette (1975) later contended that the 41
species of Hawaiian Bidens placed by Sherff in section Campylotheca
should be considered a single species. Recent systematic studies of the
genus (including additional experimental hybridizations) culminated in
a revision of the Hawaiian members of the genus (Ganders and Nagata
1990). In this publication, Bidens cuneata was considered conspecific
with Bidens molokaiensis, a common species found along the northern
side of Molokai Island. Bidens molokaiensis occurs between sea level
and 150 meters (500 feet) in elevation along the seashores, sea cliffs,
talus slopes, and fields of northern Molokai from Hoolehua to Kaonihu,
a distance of about 37 kilometers (23 miles) or about two-thirds the
length of the island.
Previous Federal Action
Federal action on Bidens cuneata began as a result of section 12 of
the Act, which directed the Secretary of the Smithsonian Institution to
prepare a report on plants considered to be endangered, threatened, or
extinct in the United States. This report, designated as House Document
No. 94-51, was presented to Congress on January 9, 1975. In that
document Bidens cuneata was considered to be endangered. On July 1,
1975, the Service published a notice in the Federal Register (40 FR
27823) of its acceptance of the Smithsonian report as a petition within
the context of section 4(c)(2) (now section 4(b)(3)) of the Act), and
giving notice of its intention to review the status of the plant
species named therein. As a result of that review, on June 16, 1976,
the Service published a proposed rule in the Federal Register (41 FR
24523) to determine endangered status pursuant to section 4 of the Act
for approximately 1,700 vascular plant species, including Bidens
cuneata. The list of 1,700 plant species was assembled on the basis of
comments and data received by the Smithsonian Institution and the
Service in response to House Document No. 94-51 and the July 1, 1975,
Federal Register publication.
General comments received in response to the 1976 proposal are
summarized in an April 26, 1978, Federal Register publication (43 FR
17909). In 1978, amendments to the Act required that all proposals over
two years old be withdrawn. A one-year grace period was given to
proposals already over two years old. On December 10, 1979, the Service
published a notice in the Federal Register (44 FR 70796) withdrawing
the portion of the June 16, 1976, proposal that had not been made
final, along with four other proposals that had expired.
Bidens cuneata was proposed for listing as an endangered species on
August 23, 1982 (47 FR 36675). The public comment period ended on
November 22, 1982. The final rule listing Bidens cuneata as an
endangered species was published in the Federal Register on February
17, 1984 (49 FR 6099). On July 7, 1993, the Service published in the
Federal Register (57 FR 47028) a proposal to delist Bidens cuneata.
This proposal was based primarily on information from current taxonomic
literature, which is the best scientific and commercial information
available. The Service now determines Bidens cuneata should be delisted
with the publication of this rule.
Summary of Comments and Recommendations
In the July 7, 1993, proposed rule (57 FR 47028) and associated
notifications, all interested parties were requested to submit factual
reports or information that might contribute to the development of a
final rule. Appropriate State agencies, county governments, Federal
agencies, scientific organizations, and other interested parties were
contacted and requested to comment. A newspaper notice inviting public
comment was published in the ``Honolulu Advertiser'' on August 6, 1993.
The public comment period ended on September 7, 1993. No comments were
received.
Summary of Factors Affecting the Species
The Act and its implementing regulations, 50 CFR 424.11, require
that certain factors be considered before a species can be listed,
reclassified, or delisted. These factors and their
[[Page 4373]]
application to Bidens cuneata Sherff (cuneate bidens) are as follows:
A. The present or threatened destruction, modification, or
curtailment of its habitat or range. Bidens cuneata has been determined
to be no more than an outlying population of Bidens molokaiensis, a
common species native to the northern part of Molokai. Bidens
molokaiensis is not significantly threatened with destruction,
modification, or curtailment of its habitat throughout a significant
portion of its range. The final rule (49 FR 6099) designating Bidens
cuneata as an endangered species identified habitat degradation,
possible reduction of reproductive success due to a decline of native
pollinating insects, and potential fire hazards as threats contributing
to the endangerment of that species. If Bidens cuneata were a valid
taxon and met the definition of a species as described by the Act, then
these factors would be relevant. However, since the entity shows no
genetic integrity independent of Bidens molokaiensis, it cannot be
scientifically defended as either a species or subspecies.
B. Overutilization for commercial, recreational, scientific, or
educational purposes. Such overutilization is not known to be a factor
for Bidens molokaiensis, which includes Bidens cuneata.
C. Disease or predation. Disease or predation is not a threat to
Bidens molokaiensis, which includes Bidens cuneata.
D. The inadequacy of existing regulatory mechanisms. Federal
listing of a species as endangered or threatened automatically invokes
listing under Hawaii State law, which prohibits taking of endangered
plants in the state and encourages conservation by State agencies.
State regulations prohibit the removal, destruction, or damage of
plants found on State lands. This final rule may remove the protection
of the State laws that this population presently enjoys as a federally
listed species. It also requires the reevaluation of Bidens cuneata in
the context of its status in State land use planning documents.
However, since Bidens molokaiensis is a common species, this is not
expected to have a detrimental effect.
E. Other natural or manmade factors affecting its continued
existence. None known.
The regulations at 50 CFR 424.11(d) state that a species may be
delisted if: (1) it becomes extinct, (2) it recovers, or (3) the
original classification data were in error. The Service believes that
the best current scientific information demonstrates that Bidens
cuneata does not represent a valid taxonomic entity and, therefore,
does not meet the definition of species as defined in section 3(15) of
the Act.
In accordance with 5 U.S.C. 553(d), the Service has determined that
this rule relieves an existing restriction and good cause exists to
make the effective date of this rule immediate. Delay in implementation
of this delisting would cost government agencies staff time and monies
on conducting formal section 7 consultation on actions which may affect
a species no longer in need of the protection under the Act. Relieving
the existing restriction associated with this listed species will
enable Federal agencies to minimize any further delays in project
planning and implementation for actions that may affect Bidens cuneata.
Effects of Rule
The action to delist Bidens cuneata results in the removal of this
species from the List of Endangered and Threatened Plants. Federal
agencies are no longer required to consult with the Secretary of the
Interior to insure that any action authorized, funded, or carried out
by such agency is not likely to jeopardize the continued existence of
Bidens cuneata. There is no designated critical habitat for this
species. Federal restrictions on taking this species no longer apply.
There are no specific preservation or management programs for the
species to be terminated.
National Environmental Policy Act
The Fish and Wildlife Service has determined that an Environmental
Assessment or Environmental Impact Statement, as defined under the
authority of the National Environmental Policy Act of 1969, need not be
prepared in connection with regulations adopted pursuant to section
4(a) of the Endangered Species Act of 1973, as amended. A notice
outlining the Service's reasons for this determination was published in
the Federal Register on October 25, 1983 (48 FR 49244).
References Cited
Ganders, F.R., and K.M. Nagata. 1990. Bidens: in Wagner, W.L., D.R.
Herbst, and S.H. Sohmer, Manual of the flowering plants of Hawai'i.
University of Hawaii Press and Bishop Museum Press, Honolulu. Bishop
Mus. Spec. Publ. 83:267-283.
Gillette, G.W. 1975. The diversity and history of Polynesian Bidens,
section Campylotheca. Univ. Hawaii Harold L. Lyon Arbor. Lecture
6:1-32.
Gillette, G.W., and E.K.S. Lim. 1970. An experimental study of the
genus Bidens (Asteraceae) in the Hawaiian Islands. Univ. Calif.
Publ. Bot. 56:1-63.
Sherff, E.E. 1920. Studies in the genus Bidens. V. Bot. Gaz. 70:89-
109.
Takeuchi, W. 1980. Unpublished status survey of Bidens cuneata
Sherff. U.S. Fish and Wildlife Service, Honolulu, 29 pp.
Author
The author of this final rule is Marie M. Bruegmann, Pacific
Islands Ecoregion (see ADDRESSES section).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, and Transportation.
Regulation Promulgation
Accordingly, part 17, subchapter B of chapter I, title 50 of the
Code of Federal Regulations, is amended as set forth below:
PART 17--[AMENDED]
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.
4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.
Sec. 17.12 [Amended]
2. Section 17.12(h) is amended by removing the entry ``Bidens
cuneata'' under ``FLOWERING PLANTS'' from the List of Endangered and
Threatened Plants.
Dated: November 3, 1995.
Mollie H. Beattie,
Director, Fish and Wildlife Service.
[FR Doc. 96-2488 Filed 2-5-96; 8:45 am]
BILLING CODE 4310-55-P
Complete official Federal Register PDF
FR Doc. 96-2460 Supplemental Standards of Ethical Conduct for Employees of the Farm Credit System Insurance Corporation
[Federal Register Volume 61, Number 25 (Tuesday, February 6, 1996)]
[Rules and Regulations]
[Page 4349]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2460]
========================================================================
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. 25 / Tuesday, February 6, 1996 /
Rules and Regulations
[[Page 4349]]
FARM CREDIT SYSTEM INSURANCE CORPORATION
5 CFR Chapter XXX and Part 4001
12 CFR Part 1401
RIN 3055-AA03, 3209-AA15
Supplemental Standards of Ethical Conduct for Employees of the
Farm Credit System Insurance Corporation
AGENCY: Farm Credit System Insurance Corporation.
ACTION: Final rule.
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SUMMARY: The Farm Credit System Insurance Corporation (Corporation)
Board, with the concurrence of the Office of Government Ethics (OGE),
adopts as final an interim rule which supplements the Standards of
Ethical Conduct for Employees of the Executive Branch (Executive
Branch-wide Standards) issued by the Office of Government Ethics. The
final rule is a necessary supplement to the Executive Branch-wide
Standards because it addresses ethical issues unique to Corporation
programs and operations. In addition to this final rule, the
Corporation is issuing a single section in its regulations that
provides cross-references to the Executive Branch-wide Standards and
financial disclosure regulations, as well as these new supplemental
regulations.
EFFECTIVE DATE: February 6, 1996.
FOR FURTHER INFORMATION CONTACT: Wendy R. Laguarda, Senior Attorney and
Deputy Ethics Official, Farm Credit System Insurance Corporation,
McLean, VA 22102-0826, (703) 883-4234, TDD (703) 883-4444.
SUPPLEMENTARY INFORMATION: On June 12, 1995, the Corporation published,
with OGE concurrence and co-signature, an interim rule (60 FR 30773)
and requested comments thereon. The interim rule established
regulations imposing prohibitions on the ownership of certain financial
interests; prohibitions on certain forms of borrowing and extensions of
credit; limitations on purchases of assets owned by Farm Credit System
institutions, conservatorship or receivership assets, or certain assets
held by the Corporation; restrictions arising from the employment of
relatives; a prohibition against involvement in Farm Credit System
board member elections; and restrictions on outside employment and
business activities. The Corporation also issued a single section in
its regulations at 12 CFR part 1401 to provide cross-references to the
Executive Branch-wide Standards and financial disclosure regulations,
as well as these new supplemental regulations codified at 5 CFR part
4001.
The Corporation received no comments on the interim rule.
Accordingly, the Corporation Board, with the concurrence of OGE,
adopts the interim rule adding 5 CFR chapter XXX consisting of part
4001 and 12 CFR part 1401 which was published at 60 FR 30773 on June
12, 1995, as a final rule without change.
Dated: January 18, 1996.
Floyd Fithian,
Secretary, Farm Credit System Insurance Corporation.
Approved: January 24, 1996.
Stephen D. Potts,
Director, Office of Government Ethics.
[FR Doc. 96-2460 Filed 2-5-96; 8:45 am]
BILLING CODE 6710-01-P
Complete official Federal Register PDF
FR Doc. 96-2455 Sale of HUD-Held Multifamily Mortgages
[Federal Register Volume 61, Number 25 (Tuesday, February 6, 1996)]
[Rules and Regulations]
[Pages 4580-4584]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2455]
[[Page 4579]]
_______________________________________________________________________
Part III
Department of Housing and Urban Development
_______________________________________________________________________
Office of the Assistant Secretary for Housing--Federal Housing
Commissioner
_______________________________________________________________________
24 CFR Part 290
Sale of HUD-Held Multifamily Mortgages; Final Rule
Federal Register / Vol. 61, No. 25 / Tuesday, February 6, 1996 /
Rules and Regulations
[[Page 4580]]
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of the Assistant Secretary for Housing-Federal Housing
Commissioner
24 CFR Part 290
[Docket No. FR-3970-I-01]
RIN 2502-AG59
Sale of HUD-Held Multifamily Mortgages
AGENCY: Office of the Assistant Secretary for Housing-Federal Housing
Commissioner, HUD.
ACTION: Interim rule.
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SUMMARY: This rule adds two provisions which conform the mortgage sale
regulations to Departmental policy statements made in the preamble to
the proposed and final rule.1 First, in the sale of delinquent
mortgages on partially-assisted and subsidized projects, HUD will
require the assumption of federal rental subsidy contracts by project
purchasers, including foreclosure purchasers. In addition, mortgage
purchasers may not foreclose in a manner that would terminate such
assisted tenants' leases. Second, owners of partially-assisted and
subsidized projects will continue to be subject to a prohibition
against discriminating against certificate and voucher holders after a
mortgage sale without insurance. In addition, owners of both subsidized
and unsubsidized projects with mortgages that are delinquent when sold
by HUD must agree to record a covenant running with the land to
continue this obligation through the maturity date of the mortgage, as
part of the consideration of a loan restructuring or compromise of the
mortgage indebtedness with the mortgage purchaser. Alternatively, if
the mortgage purchaser forecloses, this nondiscrimination obligation
would become applicable to the project purchaser at foreclosure.
\1\ This rule and the policies contained in this rule are
intended to satisfy HUD's obligations under the settlement agreement
in Walker v. Kemp, No. C 87 2628 (N.D. Cal.).
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The Department is also providing guidance to the public on its
interpretation of the current rule excluding delinquent unsubsidized
mortgages from sale where HUD believes that foreclosure is unavoidable
and the project is occupied by unassisted very low-income tenants who
would be likely to pay in excess of 30 percent of their adjusted
monthly income if the mortgage were to be sold and then foreclosed.
DATES: Effective date: March 7, 1996.
Comment due date: April 8, 1996.
ADDRESSES: Interested persons are invited to submit comments regarding
this interim rule to the Rules Docket Clerk, Office of General Counsel,
Room 10276, Department of Housing and Urban Development, 451 Seventh
Street SW., Washington, DC 20410. Communications should refer to the
above docket number and title. A copy of each communication submitted
will be available for public inspection and copying between 7:30 a.m.
and 5:30 p.m. weekdays at the above address. Faxed comments will not be
accepted.
FOR FURTHER INFORMATION CONTACT: Audrey Hinton, Associate Director for
Program Operations, Office of Multifamily Asset Management and
Disposition, Office of Housing, Room 6160, Department of Housing and
Urban Development, 451 Seventh Street, S.W., Washington, D.C. 20410,
telephone (202) 708-3730, Ext. 2691. Hearing or speech-impaired
individuals may call HUD's TDD number (202) 708-4594 or 1-800-877-8399
(Federal Information Relay Service TDD). (Other than the ``800''
number, these are not toll-free numbers.)
SUPPLEMENTARY INFORMATION:
Background
The source of the Secretary's authority to sell, transfer and
otherwise deal with multifamily mortgages is section 207(l) of the
National Housing Act (12 U.S.C. 1713(l)), section 7(i) of the
Department of Housing and Urban Development Act (42 U.S.C. 3535(i)),
and section 203 of the Housing and Community Development Act Amendments
of 1978, as amended, (12 U.S.C. 1701z-11) (``the 1978 Act''). Section
203 of the 1978 Act also addresses the terms and conditions under which
HUD-held mortgages may be sold, distinguishing between mortgages
securing subsidized and unsubsidized projects and authorizing the
Secretary to enter into negotiated sales of mortgages on subsidized
projects with state and local housing agencies.
A final mortgage sale rule was published on September 22, 1994 at
59 FR 48726, following public notice and a 60-day comment period on a
proposed rule, published on April 11, 1994 at 59 FR 17500. The final
rule became effective on October 24, 1994.
Subsequently, the mortgage sale regulations were included in a
comprehensive revision of 24 CFR part 290. This is an interim rule,
published and made effective on March 2, 1995 at 60 FR 11487. The
September 22, 1994 mortgage sale rules were renumbered. Moreover, the
final rule text was adapted to a new question and answer format,
designed to enhance the accessibility of HUD's regulations to the
general public. The March 2, 1995 interim rule includes a new goal
section for the mortgage sale program, 24 CFR 290.3(b), based on
language in the preamble to the proposed rule. It also includes a
definition section, 24 CFR 290.5, applicable to all subparts of the 290
regulations. The mortgage sale regulations are currently codified at 24
CFR part 290, subpart I, in the April 1, 1995 edition of the Code of
Federal Regulations.
The following section-by-section analysis describes the amendments
made by this rule and related matters.
Section 290.110 How will HUD sell unsubsidized mortgages?
This rule does not amend Sec. 290.110. Rather, the preamble
provides an informational explanation of how this provision has been
and will be implemented by HUD and in particular, discusses the
provision requiring the exclusion of certain delinquent mortgages from
sale.
By way of background, Congress clarified the Secretary's broad
discretion in selling mortgages on unsubsidized projects in section
101(b) of the Multifamily Housing Property Disposition Reform Act of
1994 (``the 1994 Act'') by adding section 203(k)(4) to the 1978 Act, as
amended (12 U.S.C. 1701z-11(k)(4)). Under section 203(k)(4), the
Secretary is expressly authorized to sell mortgages held on
unsubsidized projects on any terms and conditions the Secretary
prescribes, notwithstanding any other provision of law. The 1994 Act
also changed the definitions of ``subsidized'' and ``unsubsidized''
projects, set forth in section 203(b)(2) of the 1978 Act, as amended.
The category of unsubsidized projects was expanded to include
partially-assisted projects (those projects without mortgage interest
subsidies and with project-based rental subsidies for 50% or less of
the units). (12 U.S.C. 1701z-11(b)(2); 24 CFR 290.5.) The final
mortgage sale rule, published on September 22, 1994, as well as the
March 2, 1995 interim rule, reflect the changes made in the 1994 Act.
Consistent with the current rule, the Department plans to sell
unsubsidized mortgages without FHA insurance, on a competitive basis.
Section 290.110 permits the sale of unsubsidized mortgages with or
without FHA mortgage insurance. To date, HUD has sold all such
mortgages (current and delinquent) without insurance and
[[Page 4581]]
intends to continue this policy and practice for all future sales.
Further, Sec. 290.100 is explicit that all unsubsidized mortgages will
be sold on a competitive basis. This reflects the Department's policy
and practice, including plans for the sale of mortgages on partially-
assisted projects. The preamble to the September 24, 1994 final rule
(59 FR 48727) suggested the possibility of specialized auctions for
these mortgages involving a group of investors selected, in part, on
the basis of their commitment to preserving the economically integrated
rental use of the housing. This is no longer the Department's plan. The
mechanism for preserving the mixed-income nature of partially-assisted
housing will be the continuation of federal rental subsidies pursuant
to Sec. 290.112 and continuation of the owners' duty to refrain from
unreasonably refusing to lease units to certificate and voucher
holders, including current and future tenants, pursuant to Sec. 290.114
of this interim rule.
Section 290.110(b) permits the sale of delinquent unsubsidized
mortgages without FHA mortgage insurance but excludes certain mortgages
from sale. Under Sec. 290.110(b), HUD will not sell a mortgage if HUD
believes that foreclosure is unavoidable and the project securing the
mortgage is occupied by very low-income tenants who are not receiving
federal rental housing assistance and who are or might become rent-
burdened (paying rent in excess of 30% of adjusted monthly income) if
the mortgage were to be sold and foreclosed. When formulating this
rule, HUD took into consideration tenant protections under the property
disposition provisions of the statute, section 203(g) of the 1978 Act,
as amended (12 U.S.C. 1701z-11(g)). If HUD forecloses on a mortgage,
then for a two-year period following disposition of the project, rents
for pre-existing unassisted very low-income tenants cannot be increased
by the purchaser to such an extent that these tenants would become
rent-burdened. Further, such tenants, who were already rent-burdened
prior to disposition, receive a rent freeze for a two-year period. (See
preamble to the proposed rule, 59 FR 17502 (April 13, 1994) and to the
final rule, 59 FR 48727 (September 22, 1994).)
The preambles to the proposed and final rules do not indicate how
HUD would interpret and apply the phrase ``foreclosure is unavoidable''
and no public comments were offered on this specific issue. HUD's
practice has been to consider foreclosure to be ``unavoidable'' if
legal notice of the foreclosure sale has been published or HUD has
initiated foreclosure sale marketing activities. Picking one or more
procedural steps results in the application of a uniform, objective
standard by the agency. However, these benchmarks are not predictive of
whether ``foreclosure is unavoidable'' in any given situation and have
been questioned by owners and other affected parties in specific cases.
In theory and in practice, a borrower might offer HUD (or a mortgage
purchaser if the loan were to be sold) an acceptable workout agreement
late in the foreclosure process or seek approval to transfer the
property to a purchaser who offers to invest resources to cure the
mortgage delinquency.
HUD has reconsidered its practice and decided to advise the public
of the circumstances that will give rise to a determination that
foreclosure is unavoidable for purposes of Sec. 290.110(b). In the
future, HUD plans to use different but objective guidelines, ones that
relate more closely to Congressional intent in giving HUD broad
discretion in the management and disposition of its portfolio of
unsubsidized mortgages. In the sale of delinquent unsubsidized
mortgages, HUD's primary objective is to avoid foreclosures by
maximizing opportunities for private sector loan restructurings. This
is the most expeditious way to restore properties to stable operating
condition, which benefits all current and future tenants and affected
communities.
First, HUD's general practice will be to consider foreclosure to be
unavoidable if the project is occupied and HUD is mortgagee-in-
possession (``MIP''). Typically, HUD seeks MIP status where the owner
has abandoned the property or where necessary to protect the health and
safety of residents while HUD pursues a foreclosure action. In these
circumstances, prospects for a successful loan restructuring are remote
and the probability of foreclosure is high. While not a constraint on
the exercise of the Secretary's discretion to sell unsubsidized
mortgages under section 203(k)(4) of the 1978 Act, as amended, it
should be noted that, when HUD is MIP, it has certain statutory duties
with respect to the operation of a project. (See, e.g., sections
203(d)(2) and 203(j)(1) of the 1978 Act.)
Second, even when the agency is not MIP, HUD's general practice
will be to consider foreclosure to be unavoidable where HUD has
determined that the property may be vacated by a foreclosure sale
purchaser for demolition, rebuilding, conversion of use or substantial
rehabilitation resulting in temporary relocation of more than 90 days
or permanent displacement of residents. (See section 203 (g) and (j) of
the 1978 Act, as amended; 24 CFR 290.42 and 290.88.) Typically, HUD's
decision will be reflected in the foreclosure sale bid package and in
its foreclosure sale notices sent to tenants and local government
pursuant to section 203(c)(3)(A) of the 1978 Act, as amended; 24 CFR
290.22. Implementation of such foreclosure terms, including provision
of tenant relocation assistance, requires ongoing HUD involvement and
control. HUD's general practice will be to exclude the mortgages on
such projects from its sale program.
Neither HUD's earlier practice nor this revised guideline is
intended to create new binding norms. It simply interprets the
underlying standard which continues to be whether foreclosure is
unavoidable and whether unassisted very low-income tenants are or would
become rent-burdened if the mortgage were to be sold and foreclosed.
Section 290.112 What are the requirements for continuing federal rental
subsidy contracts?
The preamble to the proposed mortgage sale rule stated that ``The
Department will sell delinquent mortgages on such projects that it
believes can be worked out. While the Department would not expect it to
be needed, purchasers of such mortgages would retain the option of
foreclosure because the ability to foreclose facilitates workout
activity.'' (See 59 FR 17501.) As discussed earlier, this reflects the
Department's current policy and experience. Yet, no matter how
prescient the Department might be in selecting delinquent mortgages for
sale, some post-sale foreclosures will inevitably occur. HUD believes
that this eventuality must be addressed more fully and prescriptively
than it was in the proposed and final rule. Potential investors,
project owners and tenants would benefit from a clearer statement of
HUD's policies and loan sale requirements.
In the preamble to the April 13, 1994 proposed rule, HUD stated
that ``Under this rule, HUD would require that purchasers of mortgages
agree not to induce any project owner to terminate a project-based
Section 8 assistance contract, and, in the event of foreclosure, to
assume any Section 8 contract.'' (59 FR 17502) HUD received a comment
that this policy and related statements should be included in the rule
text and that ``purchasers of mortgages should be required to impose
[[Page 4582]]
upon any purchaser of a project at foreclosure the obligation to accept
the existing Section 8 contract.'' (National Housing Law Project
letter, June 10, 1994, page 6.) In the preamble to the September 22,
1994 final rule, HUD rejected this change as unnecessary while agreeing
with the policy content of the comment. (59 FR 48727) Section 8 housing
assistance continues when a purchaser at foreclosure, with HUD's
approval, agrees to assume the obligations of the housing assistance
payments contract. However, the legal basis for requiring the
assumption of such contracts by a project purchaser, including a
foreclosure purchaser, warrants clarification.
Section 290.112 of this rule implements HUD's authority under
section 203(k) of the 1978 Act to include this requirement in its
mortgage sale documents. As a term or condition of buying a delinquent
HUD-held mortgage, the mortgage purchaser and its successors or assigns
must agree to assume project-based and tenant-based rental subsidy
contracts, in the event it acquires title to the project. Further, the
mortgage purchaser and its successors and assigns must also agree to
record a covenant as a condition of a loan restructuring, or acceptance
of an owner's discounted pay-off of the debt, or in the event of
foreclosure, in the foreclosure deed. The covenant will require the
assumption of any federal rental subsidy contract by any project
purchaser, for any sale occurring during the life of such subsidy
contract. The covenant will expire on the date the last project-based
federal rental subsidy contract expires by its own terms.
Imposition of this condition on a mortgage purchaser and
indirectly, on a current or future project owner, is well within the
scope of HUD's discretion. If an owner has been spared from
foreclosure, which typically carries significant adverse tax
consequences, and has received the benefit of a loan restructuring or
discounted pay-off from the mortgage sale purchaser, the owner has
received consideration for recording this covenant. Extracting a public
policy quid pro quo from the owner, in the form of a covenant requiring
future owners to assume federal project-based and tenant-based rental
assistance contracts, further assures that HUD's mortgage sale program
benefits low-income tenants.
As indicated by the ``except where otherwise approved by HUD''
language in Sec. 290.112, HUD retains its authority under the rental
subsidy contract and applicable program regulations to reject the
assignment of a subsidy contract to a foreclosure purchaser or other
purchaser, to terminate the contract, and to provide certificates or
vouchers to assisted tenants. The obligation of a purchaser to assume a
federal subsidy contract does not imply any obligation on the part of
HUD to approve the assignment of the contract to a new project owner.
In HUD's discussion of the ongoing nature of Section 8 contracts
post-foreclosure in the preamble to the proposed rule, it was assumed,
sub silentio, that tenant leases entered into pursuant to such
contracts would also remain in effect. Under most state laws, these
leases could be terminated by foreclosure, raising a question about the
rights of assisted tenants in occupancy. This rule is intended to
eliminate any uncertainty about this by requiring the mortgage
purchaser and its successors and assigns, in the event of a foreclosure
of the mortgage, to foreclose in a manner that does not interfere with
any lease of tenants receiving existing federal project-based or
tenant-based rental assistance. Subject to this limitation, the rule is
not intended to alter or otherwise affect the good cause eviction
standards or other procedural requirements provided by HUD's
regulations. (See, e.g., 24 CFR part 247 and Secs. 880.607 and
881.607.)
The Department is considering adopting requirements safeguarding
the possessory rights of unassisted tenants in the event of a
foreclosure. This is consistent with the congressional statement of
policy that the administration of federal housing and development
programs should minimize involuntary displacement of persons from homes
and neighborhoods, 42 U.S.C. 5313 (note). Specifically, HUD would
require that existing leases of unassisted tenants be maintained after
foreclosure for a period equal to the remaining term of the lease or
one year, whichever period is shorter, if the leases could otherwise be
extinguished under state foreclosure law. This is analogous to the
obligation imposed on foreclosure sale purchasers when HUD forecloses
under the Multifamily Mortgage Foreclosure Act of 1981, as amended, 12
U.S.C. 3713(c); 24 CFR 27.45(b). This requirement was not raised in the
April 13, 1994 proposed rule. HUD has not included a provision in this
rule and will take public comment into consideration before adding such
a provision through a final rule.
On or about the mortgage sale closing date, HUD also will take
steps to provide notice, through posting or otherwise, to tenants in
projects covered by Sec. 290.112. The notice will inform tenants that
HUD has sold the mortgage on their project and will advise them of the
continuation of federal rent subsidy and of the tenant lease
protections in event of foreclosure. HUD will advise tenants of their
right to enforce these requirements.
Section 290.114 What policies apply concerning nondiscrimination in
admitting certificate and voucher holders?
This new section would continue in effect, after a mortgage sale
without FHA mortgage insurance, policies against an owner's
unreasonable refusal to lease to Section 8 certificate and voucher
holders. As explained herein, owners of subsidized and some
unsubsidized (partially-assisted) projects are bound by this
nondiscrimination provision while HUD insures or holds the mortgage.
All purchasers of HUD foreclosed properties, whether formerly
subsidized or unsubsidized, are subject to a comparable requirement.
This rule effectuates HUD's intent, as set forth in the preamble to
the proposed mortgage sale rule. (59 FR 17502) In response to public
comment, HUD declined to include in the regulation, itself, a
nondiscrimination prohibition on the grounds that the requirement was
imposed by other regulations. (59 FR 48727) The Department had in mind
section 8(t) of the United States Housing Act of 1937 (42 U.S.C.
1437f(t)), which contains a prohibition against refusing to lease to
certificate or voucher holders. Its applicability to project owners
that have received Section 8 is not affected by HUD's sale of these
mortgages. However, HUD now recognizes that another applicable
provision, section 183(c) of the Housing and Community Development Act
of 1987 (42 U.S.C. Sec. 1437f note)(the ``1987 Act''), covers
additional types of projects (such as a 221(d)(3)(BMIR) or Section 236
project without Section 8 LMSA). Upon sale of the mortgage without
insurance, section 183(c) coverage would be terminated.
Section 183(c) of the 1987 Act provides that, while HUD insures or
holds a mortgage, ``No owner of a subsidized project, as defined in
section 203(i)(2) of the Housing and Community Development Amendments
of 1978 Act, as amended by section 181(h) of this Act [the 1987 Act]''
shall refuse to lease any available unit to Section 8 certificate or
voucher holders.'' Section 203(i)(2) was repealed by the complete
amendment of section 203 in section 101 of the 1994 Act. Section 203(b)
of the 1978 Act, as amended by the 1994 Act, nonetheless, makes it
clear that the previous definition of ``subsidized project'' continues
to apply for purposes of
[[Page 4583]]
section 183(c). Therefore, although partially-assisted projects
(projects with market-rate mortgages and with project-based rental
assistance, but on no more than 50 percent of the units) are
``unsubsidized projects'' for purposes of mortgage sales and project
sales under section 203 of the 1978 Act, they are ``subsidized
projects'' for purposes of section 183(c).
The purpose of this new Sec. 290.114 is to provide a clear basis
for HUD to impose, as a term or condition in its sale of certain
mortgages, a prohibition on discrimination against Section 8
certificate or voucher holders. Section 290.114(a) contains a
nondiscrimination requirement comparable to section 183(c). Section
290.114(c) applies this requirement to all projects that were subject
to section 183(c) immediately before a mortgage sale without FHA
mortgage insurance. If HUD continued to hold the mortgage, the
nondiscrimination obligation would terminate when the mortgage
obligation was satisfied, whether through a prepayment or regular
mortgage amortization. Therefore, the rule similarly limits the period
of this obligation with respect to current mortgages on partially-
assisted projects and subsidized projects sold without FHA insurance.
Section 290.114(d) requires, for any mortgage that is delinquent at
the time HUD offers it for sale, that the mortgage purchaser impose a
nondiscrimination covenant as a condition of any loan restructuring,
acceptance of a discounted pay-off of the debt from the owner, or in
the event of foreclosure, in the foreclosure deed. The covenant would
be applicable for a period equal to the remaining term of the HUD
mortgage. For the reasons discussed in the explanation of Sec. 290.112,
extracting a public policy quid pro quo from the owner, in the form of
a covenant not to discriminate against Section 8 certificate or voucher
holders, is an appropriate means to further assure that HUD's mortgage
sale program benefits lower income tenants.
With respect to delinquent mortgages that are foreclosed by
mortgage purchasers, or their successors or assigns, the rule simply
assures parity with the treatment of projects foreclosed by HUD.
Section 204 of the 1978 Act (12 U.C.C. 1701z-12), directs HUD to
require a purchaser of any HUD-owned multifamily project to not
unreasonably refuse to lease units to certificate holders that rent at
or below Section 8 fair market rents. This provision also applies to a
party that outbids HUD at the foreclosure sale and acquire title. (See
24 CFR 290.30 and 290.46.) Accordingly, Sec. 290.114(d) applies to the
sale of all delinquent HUD-held mortgages, including delinquent
mortgages securing unsubsidized projects with no project-based
assistance.
Section 290.114(a) excludes unsubsidized mortgages securing
projects with no project-based assistance if they are current at the
time HUD offers them for sale. The Department has excluded these
projects because they are not subject to section 183(c) of the 1987 Act
immediately before HUD sells the mortgages and are not at risk of
foreclosure, making future coverage under section 204 of the 1978 Act,
discussed below, an irrelevant factor.
Other Matters
Executive Order 12866
This rule was reviewed by the Office of Management and Budget (OMB)
under Executive Order 12866, Regulatory Planning and Review. Any
changes made to the rule as a result of that review are clearly
identified in the docket file, which is available for public inspection
in the office of the Department's Rules Docket Clerk, room 10276, 451
Seventh Street SW, Washington, D.C.
Regulatory Reinvention
Consistent with Executive Order 12866, and President Clinton's
memorandum of March 4, 1995 to all Federal Departments and Agencies on
the subject of Regulatory Reinvention, the Department is reviewing all
its regulations to determine whether certain regulations can be
eliminated, streamlined or consolidated with other regulations. As part
of this review, this interim rule, at the final rule stage, may undergo
revisions at the final rule stage in accordance with the President's
regulatory reform initiatives. In addition to comments on the substance
of these regulations, the Department welcomes comments on how this
interim rule may be made more understandable and less burdensome.
Environmental Impact
In accordance with 40 CFR 1508.4 of the regulations of the Council
on Environmental Quality and 24 CFR 50.20(k) of the HUD regulations,
the policies and procedures contained in this rule relate only to HUD
administrative procedures and, therefore, are categorically excluded
from the requirements of the National Environmental Policy Act.
Executive Order 12612, Federalism
The General Counsel, as the Designated Official under section 6(a)
of Executive Order 12612, Federalism, has determined that the policies
contained in this rule will not have substantial direct effects on
States or their political subdivisions, or the relationship between the
federal government and the States, or on the distribution of power and
responsibilities among the various levels of government. As a result,
the rule is not subject to review under the Order. Specifically, the
requirements of this rule are directed to HUD administrative
procedures, and do not impinge upon the relationship between Federal
government and State and local governments.
Executive Order 12606, the Family
The General Counsel, as the Designated Official under Executive
order 12606, The Family, has determined that this rule does not have
potential for significant impact on family formation, maintenance, and
general well-being, and, thus, is not subject to review under the
order. No significant change in existing HUD policies or programs will
result from promulgation of this rule, as those policies and programs
relate to family concerns.
Regulatory Flexibility Act
The Secretary, in accordance with the Regulatory Flexibility Act (5
U.S.C. 605(b)) has reviewed and approved this rule, and in so doing
certifies that this rule will not have a significant economic impact on
a substantial number of small entities. This rule will not affect the
ability of small entities, relative to larger entities, to bid for and
acquire HUD-held mortgages that HUD decides to sell.
Justification for Interim Rulemaking
In general, the Department publishes a rule for public comment
before issuing a rule for effect, in accordance with its own
regulations on rulemaking, 24 CFR part 10. However, part 10 provides
for exceptions from that general rule where the agency finds good cause
to omit advance notice and public participation. The good cause
requirement is satisfied when prior public procedure is
``impracticable, unnecessary, or contrary to the public interest.'' (24
CFR 10.1) The Department finds that prior public comment is unnecessary
because adequate opportunity to comment on the two regulatory
provisions added by this rule has already been provided. The policies
implemented by Secs. 290.112 and 290.114 were discussed in the April
1994 proposed mortgage sale rule and in
[[Page 4584]]
the September 1994 final rule. In both documents, these policies were
described as existing HUD policy, and HUD received public comment
requesting that the policies be included in the rule itself. When the
Department published the September 1994 final rule, it did not include
the policies in the rule, not from a disagreement with the commenter
over the substance of the policy, but because the Department believed
that the policies could be implemented without adding regulatory
provisions. As discussed above in the section-by-section analysis,
there are limitations in existing authority that could allow for less
than full and effective implementation of either of these policies.
Further, inclusion of these requirements in announcements of future
mortgage sales or in HUD loan sale documents may not provide adequate
notice to tenants, owners and prospective investors of these
obligations. On further consideration, therefore, the Department is
establishing express regulatory bases for these policies.
List of Subjects in 24 CFR part 290
Low and moderate income housing, Mortgage insurance.
Accordingly part 290 of Title 24 of the Code of Federal Regulations
is amended as follows:
PART 290--MANAGEMENT AND DISPOSITION OF HUD-OWNED MULTIFAMILY
PROJECTS AND CERTAIN MULTIFAMILY PROJECTS SUBJECT TO HUD-HELD
MORTGAGES
1. The authority citation for part 290 is revised to read as
follows:
Authority: 12 U.S.C. 1701z-11, 1701z-12, 1713, 1715b, 1715z-1b;
42 U.S.C. 3535(d) and 3535(i).
2. New Secs. 290.112 and 290.114 are added to read as follows:
Sec. 290.112 What are the requirements for continuing federal rental
subsidy contracts?
For any mortgage that, at the time HUD offers the mortgage for sale
without FHA mortgage insurance, is delinquent and secures a subsidized
project or unsubsidized project that receives any of the forms of
assistance enumerated in paragraph (4)(i) to (4)(iv) of the
``subsidized project'' definition in Sec. 290.5:
(a) The mortgage purchaser and its successors and assigns shall
require the mortgagor to record a covenant running with the land as
part of any loan restructuring or of a final compromise of the mortgage
debt and shall include a covenant in any foreclosure deed executed in
connection with the mortgage. The covenant shall continue in effect
until the last federal project-based rental assistance contract expires
by its own terms. The covenant shall provide that, except where
otherwise approved by HUD, a project purchaser shall agree to assume
the obligations of any outstanding--
(1) Project-based federal rental subsidy contract; and
(2) Tenant-based Section 8 housing assistance payments contract
with a public housing agency and the related lease.
(b) In the event of foreclosure of the mortgage sold by HUD, the
mortgage purchaser and its successors and assigns shall not foreclose
in a manner that interferes with any lease related to federal project-
based assistance or any lease related to tenant-based, Section 8
housing assistance payments.
Sec. 290.114 What policies apply concerning nondiscrimination in
admitting certificate and voucher holders?
(a) Nondiscrimination requirement. For any mortgage described in
paragraph (c) or (d) of this section that HUD sells without FHA
mortgage insurance, the project owner shall not unreasonably refuse to
lease a dwelling unit offered for rent, offer or sell cooperative
stock, or otherwise discriminate in the terms of tenancy or cooperative
purchase and sale because any tenant or purchaser is a certificate or
voucher holder under 24 CFR part 982.
(b) Inapplicability to current mortgages securing unsubsidized
projects that receive no project-based assistance. The
nondiscrimination requirements of this section do not apply to any
mortgage, that is current under the terms of the mortgage, at the time
HUD offers it for sale, if the mortgage secures an unsubsidized project
that does not receive any of the forms of project-based assistance
enumerated in paragraph (4)(i) to (4)(iv) of the ``subsidized project''
definition in Sec. 290.5.
(c) Applicability to mortgages securing unsubsidized projects
receiving project-based assistance (partially-assisted projects) or
securing subsidized projects. (1) The nondiscrimination requirement in
paragraph (a) of this section applies to the project owner upon the
sale of a mortgage without FHA mortgage insurance if, at the time HUD
offers the it for sale, the mortgage secures:
(i) An unsubsidized project that receives any of the forms of
assistance enumerated in paragraph (4)(i) to (4)(iv) of the
``subsidized project'' definition in Sec. 290.5; or
(ii) A subsidized project, as defined in Sec. 290.5.
(2) This requirement shall continue in effect until the mortgage is
paid in full, including by a mortgage prepayment, except as provided in
paragraph (d) of this section.
(d) Covenant requirement for all delinquent mortgages sold without
FHA mortgage insurance. This paragraph (d) applies to the sale of any
mortgage that is delinquent at the time HUD offers it for sale without
FHA mortgage insurance, without regard to the subsidy status of the
project. The mortgage purchaser and its successors and assigns shall
require the mortgagor to record a covenant running with the land as
part of any loan restructuring or final compromise of the mortgage debt
and shall include a covenant in any foreclosure deed executed in
connection with the mortgage. The covenant shall set forth the
nondiscrimination requirement in paragraph (a) of this section. The
covenant shall continue in effect until a date that is the same as the
maturity date of the mortgage sold by HUD.
Dated: January 11, 1996.
Nicolas P. Retsinas,
Assistant Secretary for Housing--Federal Housing Commissioner.
[FR Doc. 96-2455 Filed 2-5-96; 8:45 am]
BILLING CODE 4210-27-P
Complete official Federal Register PDF
FR Doc. 96-2402 Parole Date Advancements for Substance Abuse Treatment Program Completion
[Federal Register Volume 61, Number 25 (Tuesday, February 6, 1996)]
[Rules and Regulations]
[Pages 4350-4351]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2402]
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DEPARTMENT OF JUSTICE
Parole Commission
28 CFR Part 2
Parole Date Advancements for Substance Abuse Treatment Program
Completion
AGENCY: Parole Commission, Justice.
ACTION: Final rule.
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SUMMARY: The U.S. Parole Commission is substantially revising the
interim rule, published in August of last year, that added to 28 CFR
2.60 a provision whereby a parole-eligible prisoner could qualify for a
special advancement of his release date by up to twelve months, if the
prisoner completed a residential substance abuse treatment program and
was a non-violent offender. The rule was published as an interim rule
so as to permit the Commission to determine whether the statutory
criteria for parole at 18 U.S.C. 4206 would permit these prisoners to
receive an incentive for completion of such programs comparable to the
incentive that is available under 18 U.S.C. 3621(e)(2) for prisoners
serving sentences for crimes committed after November 1, 1987. (Such
prisoners are not eligible for parole, but can qualify for up to twelve
months of reduction in custody for completion of residential substance
abuse programs). In practice, the Commission has not been able to grant
advancements sufficient for the interim rule to provide the desired
incentive, because parole-eligible prisoners all too frequently have
serious offenses and serious prior records that preclude early release
from prison. Accordingly, the interim rule has been substantially
revised so that the permissible advancement for residential substance
abuse program completion will be determined under the existing schedule
for ``superior program achievement,'' and not in addition to it.
EFFECTIVE DATE: March 7, 1996.
ADDRESSES: Send comments to Office of General Counsel, U.S. Parole
Commission, 5550 Friendship Blvd., Chevy Chase, Maryland 20815.
FOR FURTHER INFORMATION CONTACT:
Pamela A. Posch, Office of General Counsel, Telephone (301) 492-5959.
SUPPLEMENTARY INFORMATION: The interim regulation was published at 60
FR 40094 (August 7, 1995). The interim rule permitted the advancement
of a parole-eligible prisoner's presumptive release date by up to
twelve months for successfully completing a residential substance abuse
treatment program. However, the interim rule made it clear that the
Commission's decision in any case would continue to be governed by the
criteria for parole at 18 U.S.C. 4206(a), which requires the Commission
to ensure that release will not depreciate the seriousness of the
offense or jeopardize the public welfare. The Commission stated that it
needed to determine whether the interim rule could be implemented
consistently with the criteria at 18 U.S.C. 4206, and that if such did
not appear feasible ``* * * the Commission may amend or withdraw the
interim regulation.'' 60 FR 40095.
In practice, the Commission has found that the remaining population
of parole-eligible prisoners consists of so many offenders with
extremely serious offenses, serious prior records, and serious
indications of future recidivism, that the advancement authorized by
the interim rule could seldom be reconciled with the statutory criteria
for parole. For the most part, prisoners in the parole-eligible
population who qualify under the interim rule have already received
appropriate advancements. The remaining population cannot be expected
to produce a sufficient number of qualified applicants to justify the
adoption of the interim rule as a final rule. The Commission wishes to
avoid the situation in which its regulations appear to promise release
date advancements which, in practice, are rarely granted.
On the other hand, the Commission does not wish to withdraw
altogether the incentive for substance abuse program participation that
the interim rule was intended to provide. The final rule guarantees
that, upon receipt of a report from the Bureau of Prisons that the
prisoner has successfully completed a residential substance abuse
program of at least 500 hours, such a prison will be promptly reviewed
for a possible advancement under the schedule set forth in 28 C.F.R.
2.60(e). Although this schedule authorizes advancement of less than
twelve months for prisoners whose release dates require service of less
than eighty-five months in prison, greater advancements are authorized
for prisoners who have been required to serve eighty-five or more
months in prison.
Accordingly, by considering substance abuse program completion as
``superior program achievement'' under Sec. 2.60, the Commission
intends to evaluate the appropriateness of such an advancement in the
same manner that it considers advancements for other forms of superior
program achievement, i.e., by balancing the need for recognition of the
prisoner's achievement against the need to avoid a grant of parole that
[[Page 4351]]
depreciates the seriousness of the offense or jeopardizes the public
welfare. The procedural benefit of a prompt review upon program
completion as opposed to postponement to the next statutory interim
hearing) will constitute the Commission's special response to the
completion of residential substance abuse programs. This policy
determination recognizes the importance of such programs in
contributing to the eventual rehabilitation of prisoners whose criminal
behavior can, in some measure, can be attributed to substance abuse
addiction.
Implementation
The Commission will apply this rule at any hearing or record review
(including appeals submitted to the National Appeals Board) conducted
on or after the effective date set forth above. If the prisoner has
demonstrated superior program achievement in some other respect, and
such achievement has not yet been considered for an advancement under
Sec. 2.60, any advancement will be based on the prisoner's overall
record of accomplishments. If superior program achievement has already
been rewarded, the advancement(s) previously granted plus the
advancement for residential substance abuse program completion may not
exceed the permissible reduction set forth at Sec. 2.60(e) except in
the most clearly exceptional cases (e.g., where substance abuse program
completion is found to make the prisoner a more acceptable risk for
parole than indicated by the Salient Factor Score).
Executive Order 12866 and Regulatory Flexibility Statement
The U.S. Parole Commission has determined that this final rule is
not a significant rule within the meaning of Executive Order 12866, and
the rule has, accordingly, not been reviewed by the Office of
Management and Budget. The rule will not have a significant economic
impact upon a substantial number of small entities, within the meaning
of the Regulatory Flexibility Act, 5 U.S.C. 605(b).
List of Subjects in 28 CFR Part 2
Administrative practice and procedure, Probation and parole,
Prisoners.
The Amendment
Accordingly, the U.S. Parole Commission is adopting the following
amendments to 28 CFR part 2.
PART 2--[AMENDED]
(1) The authority citation for 28 CFR part 2 continues to read as
follows:
Authority: 18 U.S.C. 4203(a)(1) and 4204(a)(6).
(2) 28 CFR part 2, Sec. 2.60 is amended by removing paragraphs (g)
and (h), and by adding a final sentence to paragraph (b) to read as
follows:
Sec. 2.60 Superior program achievement.
* * * * *
(b) * * A report from the Bureau of Prisons based upon successful
completion of a residential substance abuse program of at least 500
hours will be given prompt review by the Commission for a possible
advancement under this section.
* * * * *
Dated: January 29, 1996.
Jasper R. Clay, Jr.,
Vice Chairman, U.S. Parole Commission.
[FR Doc. 96-2402 Filed 2-5-96; 8:45 am]
BILLING CODE 4410-01-M
Complete official Federal Register PDF
FR Doc. 96-2385 Partial Revocation of Public Land Order No. 3689; Alaska
[Federal Register Volume 61, Number 25 (Tuesday, February 6, 1996)]
[Rules and Regulations]
[Page 4359]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2385]
=======================================================================
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Public Land Order 7182
[AK-931-1430-01; F-031676]
Partial Revocation of Public Land Order No. 3689; Alaska
AGENCY: Bureau of Land Management, Interior.
ACTION: Public Land Order.
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SUMMARY: This order partially revokes a public land order insofar as it
affects 18.85 acres of public and nonpublic land withdrawn for use by
the military for the Lakeview Pumping Station. The land is no longer
needed for the purpose for which it was withdrawn. A portion of the
parcel has been deeded to the State of Alaska and is no longer public
land. The remainder of the parcel will continue to be withdrawn as part
of the Tetlin National Wildlife Refuge, as established and designated
by the Alaska National Interest Lands Conservation Act. This action is
for record clearing purposes only.
EFFECTIVE DATE: February 6, 1996.
FOR FURTHER INFORMATION CONTACT: Shirley J. Macke, BLM Alaska State
Office, 222 W. 7th Avenue, No. 13, Anchorage, Alaska 99513-7599, 907-
271-5477.
By virtue of the authority vested in the Secretary of the Interior
by Section 204 of the Federal Land Policy and Management Act of 1976,
43 U.S.C. 1714 (1988), it is ordered as follows:
1. Public Land Order No. 3689, which withdrew public land for use
by the Department of the Army for the Lakeview Pumping Station, is
hereby revoked insofar as it affects the following described land:
Copper River Meridian
Located within secs. 28 and 33 of T. 14 N., R. 20 E., currently
described as:
U.S. Survey No. 4360, which contains 16.35 acres; and
U.S. Survey No. 2784, lot 1, which contains 2.50 acres.
The areas described contain a total of 18.85 acres.
2. Any of the land described in this order that is part of the
Tetlin National Wildlife Refuge will continue to be withdrawn pursuant
to Sections 302(8) and 304(c) of the Alaska National Interest Lands
Conservation Act, 16 U.S.C. 668(dd) (1988), and will continue to be
subject to the terms and conditions of any other withdrawal or
segregation of record.
3. Any public land affected by this order that may be outside of
the Tetlin National Wildlife Refuge will remain withdrawn from all
forms of entry, appropriation, or disposal under the public land laws
until a further opening order is published.
Dated: January 26, 1996.
Bob Armstrong,
Assistant Secretary of the Interior.
[FR Doc. 96-2385 Filed 2-5-96; 8:45 am]
BILLING CODE 4310-JA-P
Complete official Federal Register PDF
FR Doc. 96-2379 Approval and Promulgation of Implementation Plans; State of Missouri
[Federal Register Volume 61, Number 25 (Tuesday, February 6, 1996)]
[Rules and Regulations]
[Pages 4352-4353]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2379]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[MO-24-1-7047a; FRL-5317-7]
Approval and Promulgation of Implementation Plans; State of
Missouri
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: This final action approves the State Implementation Plan (SIP)
submitted by the state of Missouri. The state's revision expands the
types of testing and monitoring data, including stack and process
monitoring, which can be used directly for compliance certifications
and enforcement.
DATES: This action is effective April 8, 1996 unless by March 7, 1996
adverse or critical comments are received.
ADDRESSES: Copies of the documents relevant to this action are
available for public inspection during normal business hours at the:
Environmental Protection Agency, Air Branch, 726 Minnesota Avenue,
Kansas City, Kansas 66101; and EPA Air & Radiation Docket and
Information Center, 401 M Street, SW., Washington, DC 20460.
FOR FURTHER INFORMATION CONTACT: Joshua A. Tapp at (913) 551-7606.
SUPPLEMENTARY INFORMATION: The EPA believes that existing SIPs
(nationwide) are inadequate for states or EPA to fully implement the
Clean Air Act Amendments, because the SIPs may presently be interpreted
to limit the types of testing or monitoring data that may be used for
determining compliance and establishing violations. On May 11, 1994,
EPA issued a call to the state of Missouri to revise its SIP to clarify
that any monitoring approved for the source (and included in a
Federally enforceable operating permit) may form the basis of the
compliance certification, and that any credible evidence may be used
for purposes of enforcement in Federal court.
On March 13, 1995, Missouri made an official plan submission in
response to the EPA's SIP call. Missouri submitted a new rule, 10 CSR
10-6.280, which appropriately provides for data which have been
collected under the enhanced monitoring and operating permit programs
to be used for compliance certifications and enforcement actions.
Specifically, section (2) of this rule authorizes these data to be used
for compliance certifications, and section (3) authorizes these data to
be considered for enforcement actions.
EPA interprets the language in section 2(c) which states, ``Any
other monitoring methods approved by the Director'' to provide the
Director with the authority to require ``additional'' monitoring
methods, as necessary. Consistent with past and present EPA policy, the
use of substitute sampling methods which are not listed in the rule
would require a revision to the SIP.
This revision will enhance the state's capability for determining
compliance with, and for establishing violations of, the underlying
emission limitations.
EPA Action
EPA is taking final action to approve revisions submitted March 13,
1995, for the state of Missouri.
The EPA is publishing this action without prior proposal because
the Agency views this as a noncontroversial amendment and anticipates
no adverse comments. However, in a separate document in the Federal
Register publication, the EPA is proposing to approve the SIP revision
should adverse or critical comments be filed.
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.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any SIP. Each request for revision to the SIP shall be
considered separately in light of specific technical, economic, and
environmental factors, and in relation to relevant statutory and
regulatory requirements.
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities (5 U.S.C. 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-
[[Page 4353]]
profit enterprises, and government entities with jurisdiction over
populations of less than 50,000.
SIP approvals under section 110 and subchapter I, part D of the
Clean Air Act (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,
EPA certifies 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)).
The Office of Management and Budget has exempted these actions from
review under Executive Order 12866.
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by April 8, 1996. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review, nor does
it extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
This action may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Hydrocarbons, Incorporation by reference, Intergovernmental relations,
Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Dated: October 2, 1995.
William Rice,
Acting Regional Administrator.
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart AA--[Missouri]
2. Section 52.1320 is amended by adding paragraph (c)(91) to read
as follows:
Sec. 52.1320 Identification of plan.
* * * * *
(c) * * *
(91) This revision provides for data which have been collected
under the enhanced monitoring and operating permit programs to be used
for compliance certifications and enforcement actions.
(i) Incorporation by reference.
(A) 10 CSR 10-6.280 Compliance Monitoring Usage, effective December
30, 1994.
[FR Doc. 96-2379 Filed 2-5-96; 8:45 am]
BILLING CODE 6560-50-P
Complete official Federal Register PDF
FR Doc. 96-2372 New Animal Drugs for Use in Animal Feeds; Lasalocid; Correction
[Federal Register Volume 61, Number 25 (Tuesday, February 6, 1996)]
[Rules and Regulations]
[Page 4349]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2372]
=======================================================================
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
21 CFR Part 558
New Animal Drugs for Use in Animal Feeds; Lasalocid; Correction
AGENCY: Food and Drug Administration, HHS.
ACTION: Final rule; correction.
-----------------------------------------------------------------------
SUMMARY: The Food and Drug Administration (FDA) is correcting a final
rule that appeared in the Federal Register of November 24, 1995 (60 FR
57928). The document amended the animal drug regulations to reflect
approval of a supplemental new animal drug application (NADA 96-298)
filed by Hoffmann-La Roche, Inc. The document was published with some
errors in the codified section. This document corrects those errors.
EFFECTIVE DATE: November 24, 1995.
FOR FURTHER INFORMATION CONTACT: David L. Gordon, Center for Veterinary
Medicine (HFV-238), Food and Drug Administration, 7500 Standish Pl.,
Rockville, MD 20855, 301-594-1737.
In FR Doc. 95-28599, appearing on page 57928 in the Federal
Register of Friday, November 24, 1995, the following corrections are
made:
Sec. 558.311 [Corrected]
On page 57929, in the third column, in Sec. 558.311 Lasalocid, in
paragraph (b)(7)(iii), the phrase ``paragraph (e)(1)(xv)'' is corrected
to read ``paragraph (e)(1)(xvi)'' and on the same page, in the table,
in paragraph (e)(1), under the first column, the entry for ``(xv)'' is
corrected to read ``(xvi)''.
Dated: January 25, 1996.
Stephen F. Sundlof,
Director, Center for Veterinary Medicine.
[FR Doc. 96-2372 Filed 2-5-96; 8:45 am]
BILLING CODE 4160-01-F
Complete official Federal Register PDF
FR Doc. 96-2331 Passenger Automobile Average Fuel Economy Standards; Final Decision
[Federal Register Volume 61, Number 25 (Tuesday, February 6, 1996)]
[Rules and Regulations]
[Pages 4369-4370]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2331]
=======================================================================
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 531
[Docket No. 95-51; Notice 2]
Passenger Automobile Average Fuel Economy Standards; Final
Decision
AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.
ACTION: Final rule; granting an exemption from average fuel economy
standard and establishing an alternative standard.
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SUMMARY: This decision is issued in response to a petition filed by
Rolls-Royce Motors, Ltd. (Rolls-Royce) requesting that it be exempted
from the generally applicable average fuel economy standard of 27.5
miles per gallon (mpg) for its model year (MY) 1997 passenger
automobiles, and that lower alternative standards be established for
it. This decision exempts Rolls-Royce and establishes an alternative
standard of 15.1 mpg for MY 1997 for Rolls-Royce.
DATES: Effective date: March 22, 1996. This exemption and the
alternative standards apply to Rolls-Royce for MY 1997.
Petitions for reconsideration: Petitions for reconsideration must
be received no later than March 22, 1996.
ADDRESSES: Petitions for reconsideration of this rule should refer to
the docket number and notice number cited in the heading of this notice
and must be submitted to: Administrator, National Highway Traffic
Safety Administration, 400 Seventh Street, SW, Washington DC 20590.
FOR FURTHER INFORMATION CONTACT: Ms. Henrietta Spinner, Office of
Market Incentives, NHTSA, 400 Seventh Street, SW, Washington DC 20590.
Ms. Spinner's telephone number is: (202) 366-0846.
SUPPLEMENTARY INFORMATION:
Background
NHTSA is exempting Rolls-Royce from the generally applicable
average fuel economy standard for 1997 model year (MY) passenger
automobiles and establishing alternative standards applicable to Rolls-
Royce for each of these model years. This exemption is issued under the
authority of section 32902(d) of Chapter 329 of Title 49 of the United
States Code (formerly section 502(c) of the Motor Vehicle Information
and Cost Savings Act)(49 U.S.C. 32902(d)). Section 32902(d) provides
that NHTSA may exempt a low volume manufacturer of passenger
automobiles from the generally applicable average fuel economy
standards for passenger automobiles if the agency concludes that those
standards are more stringent than the maximum feasible average fuel
economy for that manufacturer and establishes an alternative standard
for that manufacturer at its maximum feasible level. Under the Act, a
low volume manufacturer is one that manufactured (worldwide) fewer than
10,000 passenger automobiles in the second model year before the model
year for which the exemption is sought (the affected model year) and
that will manufacture fewer than 10,000 passenger automobiles in the
affected model year. In determining maximum
[[Page 4370]]
feasible average fuel economy, the agency is required by section
32902(f) of the Act to consider:
(1) Technological feasibility;
(2) Economic practicability;
(3) The effect of other Federal motor vehicle standards on fuel
economy; and
(4) The need of the Nation to conserve energy.
Proposed Decision and Public Comment
This final decision was preceded by a proposal announcing the
agency's tentative conclusion that Rolls-Royce should be exempted from
the generally applicable MY 1997 passenger automobile average fuel
economy standard of 27.5 mpg, and that an alternative standard of 15.1
mpg be established for Rolls-Royce for that model year (60 FR 37861;
July 24, 1995). The agency did not receive any comments in response to
the proposed decision.
NHTSA Final Determination
Therefore, the agency is adopting the tentative conclusions set
forth in the proposed decision as its final conclusions, for the
reasons set forth in the proposed decision. Based on the conclusions
that the maximum feasible average fuel economy level for Rolls-Royce in
MY 1997 is 15.1 mpg, that other Federal motor vehicle standards will
not affect achievable fuel economy beyond the extent considered in the
proposed decision, and that the national effort to conserve energy will
not be affected by granting this exemption, NHTSA hereby exempts Rolls-
Royce from the generally applicable passenger automobile average fuel
economy standard for the 1997 model year and establishes an alternative
standard of 15.1 mpg for Rolls-Royce for that year.
Regulatory Impacts
NHTSA has analyzed this decision, and determined that neither
Executive Order 12866 nor the Department of Transportation's regulatory
policies and procedures apply, because this decision is not a ``rule,''
which term is defined as ``an agency statement of general applicability
and future effect.'' This exemption is not generally applicable, since
it applies only to Rolls-Royce. If the Departmental policies and
procedures were applicable, the agency would have determined that this
action is not ``significant.'' The principal impact of this exemption
is that Rolls-Royce will not be required to pay civil penalties if it
achieves a CAFE level equivalent to the alternative standard
established in this notice. Since this decision sets an alternative
standard at the level determined to be Rolls-Royce's maximum feasible
average fuel economy, no fuel would be saved by establishing a higher
alternative standard. The impacts for the public at large will be
minimal.
The agency has also considered the environmental implications of
this decision in accordance with the National Environmental Policy Act
and determined that this decision will not significantly affect the
human environment. Regardless of the fuel economy of a vehicle, it must
pass the emissions standards which limit the amount of emissions per
mile traveled. Thus, the quality of the air is not affected by this
exemption and alternative standard. Further, since Rolls-Royce's MY
1997 automobiles cannot achieve better fuel economy than 15.1 mpg,
granting this exemption will not affect the amount of gasoline
consumed.
Since the Regulatory Flexibility Act may apply to a decision
exempting a manufacturer from a generally applicable standard, I
certify that this decision will not have a significant economic impact
on a substantial number of small entities. This decision does not
impose any burdens on Rolls-Royce. It relieves the company from having
to pay civil penalties for noncompliance with the generally applicable
standard for MY 1997. Since the price of 1997 Rolls-Royce automobiles
will not be affected by this decision, the purchasers will not be
affected.
List of Subjects in 49 CFR Part 531
Energy conservation, Gasoline, Imports, Motor vehicles.
In consideration of the foregoing, 49 CFR part 531 is amended to
read as follows:
PART 531--[AMENDED]
1. The authority citation for part 531 continues to read as
follows:
Authority: 49 U.S.C. 32902, delegation of authority at 49 CFR
1.50.
2. In 49 CFR 531.5, the introductory text of paragraph (b) is
republished and paragraph (b)(2) is revised to read as follows:
Sec. 531.5 Fuel economy standards.
* * * * *
(b) The following manufacturers shall comply with the standards
indicated below for the specified model years:
* * * * *
(2) Rolls-Royce Motors, Inc.
------------------------------------------------------------------------
Average fuel economy
Model year standard (miles per
gallon)
------------------------------------------------------------------------
1978........................................... 10.7
1979........................................... 10.8
1980........................................... 11.1
1981........................................... 10.7
1982........................................... 10.6
1983........................................... 9.9
1984........................................... 10.0
1985........................................... 10.0
1986........................................... 11.0
1987........................................... 11.2
1988........................................... 11.2
1989........................................... 11.2
1990........................................... 12.7
1991........................................... 12.7
1992........................................... 13.8
1993........................................... 13.8
1994........................................... 13.8
1995........................................... 14.6
1996........................................... 14.6
1997........................................... 15.1
------------------------------------------------------------------------
* * * * *
Issued on: January 30, 1996.
Barry Felrice,
Associate Administrator for Safety Performance Standards.
[FR Doc. 96-2331 Filed 2-5-96; 8:45 am]
BILLING CODE 4910-59-P
Complete official Federal Register PDF
FR Doc. 96-2323 Disallowance of Deductions for Employee Remuneration in Excess of $1,000,000; Correction
[Federal Register Volume 61, Number 25 (Tuesday, February 6, 1996)]
[Rules and Regulations]
[Pages 4349-4350]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2323]
=======================================================================
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DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
[TD 8650]
RIN 1545-AS23
Disallowance of Deductions for Employee Remuneration in Excess of
$1,000,000; Correction
AGENCY: Internal Revenue Service, Treasury.
ACTION: Correction to final regulations.
-----------------------------------------------------------------------
SUMMARY: This document contains corrections to final regulations (TD
8650) which were published in the Federal Register on Wednesday,
December 20, 1995 (60 FR 65534), and relates to the disallowance of
deductions for employee remuneration in excess of $1,000,000.
EFFECTIVE DATE: December 20, 1995.
FOR FURTHER INFORMATION CONTACT: Robert Misner or Charles T. Deliee at
(202) 622-6060 (not a toll-free number).
[[Page 4350]]
SUPPLEMENTARY INFORMATION:
Background
The final regulations that are the subject of these corrections are
under section 162(m) of the Internal Revenue Code.
Need for Correction
As published, the final regulations (TD 8650) contain errors that
are misleading and in need of clarification.
Correction of Publication
Accordingly, the publication of the final regulations (TD 8650),
which was the subject of FR Doc. 95-30869, is corrected as follows:
Sec. 1.162-27 [Corrected]
1. On page 65538, column 1, Sec. 1.162-27 (c)(3)(ii)(A), line 2,
the language ``3121(a)(1) through section 3121(a)(5)(D)'' is corrected
to read ``3121(a)(5)(A) through section 3121(a)(5)(D)''.
2. On page 65543, column 2, Sec. 1.162-27 (e)(4)(i), the last
sentence is corrected to read as follows:
* * * * *
(e) * * *
(4) * * * (i) * * * The material terms include the employees
eligible to receive compensation; a description of the business
criteria on which the performance goal is based; and either the maximum
amount of compensation that could be paid to any employee or the
formula used to calculate the amount of compensation to be paid to the
employee if the performance goal is attained (except that, in the case
of a formula based, in whole or in part, on a percentage of salary or
base pay, the maximum dollar amount of compensation that could be paid
to the employee must be disclosed).
* * * * *
3. On page 65544, column 3, Sec. 1.162-27 (e)(5), second line from
the bottom of the paragraph, the language ``to the increase in the
stock of the'' is corrected to read ``to the increase in the value of
the stock of the''.
Cynthia E. Grigsby,
Chief, Regulations Unit, Assistant Chief Counsel (Corporate).
[FR Doc. 96-2323 Filed 2-5-96; 8:45 am]
BILLING CODE 4830-01-P
Complete official Federal Register PDF
FR Doc. 96-2226 Approval and Promulgation of Air Quality Implementation Plans; Rhode Island: Revisions to the Requirements and Procedures for NSR/PSD Permit Applications
[Federal Register Volume 61, Number 25 (Tuesday, February 6, 1996)]
[Rules and Regulations]
[Pages 4353-4357]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2226]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[RI-16-01-6673a; A-1-FRL-5337-6]
Approval and Promulgation of Air Quality Implementation Plans;
Rhode Island: Revisions to the Requirements and Procedures for NSR/PSD
Permit Applications
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The EPA is approving the State implementation plan (SIP)
revisions submitted by the State of Rhode Island for the purpose of
meeting requirements of the Clean Air Act Amendments of 1990 (CAAA)
with regard to New Source Review (NSR) in areas that have not attained
the National Ambient Air Quality Standards (NAAQS). In addition, EPA is
approving revisions to Rhode Island's SIP pertaining to Prevention of
Significant Deterioration (PSD) program in attainment areas and other
miscellaneous requirements. In general, these revisions make the Rhode
Island PSD program more consistent with the current Federal
requirements. The intended effect of this action is to approve the
State's request to amend its SIP to satisfy the Federal requirements.
This action is being taken in accordance with the Clean Air Act.
DATES: This action is effective April 8, 1996, unless notice is
received within 30 days that adverse or critical comments will be
submitted. If the effective date is delayed, timely notice will be
published in the Federal Register.
ADDRESSES: Comments may be mailed to Susan Studlien, Acting Director,
Air, Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region I, JFK Federal Building, Boston, MA 02203.
Copies of the documents relevant to this action are available for
public inspection during normal business hours, by appointment, at the
Air, Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region I, One Congress Street, 10th floor, Boston,
MA; Air and Radiation Docket and Information Center, U.S. Environmental
Protection Agency, 401 M Street, S.W., (LE-131), Washington, D.C.
20460; and the Division of Air and Hazardous Materials, Department of
Environmental Management, 291 Promenade Street, Providence, RI 02908-
5767.
FOR FURTHER INFORMATION CONTACT: Brendan McCahill, (617) 565-3262.
SUPPLEMENTARY INFORMATION: On March 11, 1993, the Rhode Island
Department of Environmental Management (DEM) submitted revisions to its
SIP pertaining to the requirements and procedures for the processing
and approval of permit applications for new or modified stationary
sources of air pollution. The revisions consist of modifications to
Rhode Island's Air Pollution Control Regulation #9, ``Air Pollution
Control Permits,'' and affect the following elements : (1) major source
permitting in nonattainment areas, including ozone nonattainment areas;
(2) PSD program; (3) minor source construction permitting; and (4)
general administrative requirements of the permitting program.
This notice is divided into five sections for clarity. Section I
discusses the procedural background concerning Rhode Island's SIP
submittal. Section II discusses the revisions to the general
requirements for nonattainment NSR. Section III discusses the revisions
to the specific requirements for NSR in the ozone nonattainment areas.
Section IV discusses the revisions to the general requirements for the
PSD program, minor source permitting requirements and general
administrative requirements of the permitting program. Section V
discusses the EPA's final action.
EPA is publishing this action without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comments. However, in a separate document in this Federal
Register publication, EPA is proposing to approve the SIP revision
should adverse or critical comments be filed. This action will be
effective April 8, 1996 unless, by March 7, 1996, adverse or critical
comments are received.
[[Page 4354]]
If the EPA receives such comments, this action will be withdrawn
before the effective date by simultaneously 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 on April 8, 1996.
Section I
Procedural Background
Section 110(k) of the CAA sets out provisions governing EPA's
review of SIP submittals (see 57 FR 13565-66, April 16, 1992). The CAA
requires States to observe certain procedural requirements in
developing implementation plans and plan revisions for submission to
EPA. Section 110(a)(2) of the Act provides that each implementation
plan submitted by a State must be adopted after reasonable notice and
public hearing.1 Section 110(l) of the Act similarly provides that
each revision to an implementation plan submitted by a State under the
Act must be adopted by such State after reasonable notice and public
hearing.
\1\ Section 172(c)(7) of the Act provides that plan provisions
for nonattainment areas shall meet the applicable provisions of
Sec. 110(a)(2).
---------------------------------------------------------------------------
The EPA also must determine whether a submittal is complete and
therefore warrants further EPA review and action [see Sec. 110(k)(1)
and 57 FR 13565, April 16, 1992]. The EPA's completeness criteria for
SIP submittals are set out at 40 CFR part 51, Appendix V (1991), as
amended by 57 FR 42216 (August 26, 1991). The EPA attempts to make
completeness determinations within 60 days of receiving a submission.
However, a submittal is deemed complete by operation of law under
section 110(k)(1)(B) if a completeness determination is not made by EPA
within 6 months after receipt of the submission.
The State of Rhode Island held a public hearing on October 19,
1992, to entertain public comment on the new source review
implementation plan. Following the public hearing, the plan was filed
with the Secretary of State on March 4, 1993, and became effective on
March 24, 1993. The plan was submitted to EPA on March 11, 1993 as a
proposed revision to the SIP.
The SIP revision was reviewed by EPA to determine completeness
shortly after its submittal, in accordance with the completeness
criteria referenced above. The submittal was found to be complete on
May 6, 1993 and a letter dated May 10, 1993 was forwarded to Steve
Majkut, Acting Chief, Division of Air Resources, DEM, indicating the
completeness of the submittal and the next steps to be taken in the
review process.
Section II
General Requirements for Nonattainment NSR
A. Background
The air quality planning requirements for nonattainment new source
review are set out in part D of subchapter I of the Act. The EPA has
issued a ``General Preamble'' describing EPA's preliminary views on how
EPA intends to review SIPs and SIP revisions submitted under part D,
including those State submittals containing nonattainment area NSR SIP
requirements [see 57 FR 13498 (April 16, 1992) and 57 FR 18070 (April
28, 1992)]. Because EPA is describing its interpretations here only in
broad terms, the reader should refer to the General Preamble for a more
detailed discussion of the interpretations of part D advanced in
today's proposal and the supporting rationale.
B. Summary of Rhode Island's Regulation
The general nonattainment NSR requirements are found in Secs. 172
and 173 of part D of subchapter I of the Act and must be met by all
nonattainment areas. The following paragraphs reference the
nonattainment NSR requirements that were required to be submitted to
EPA by November 15, 1992 and explain how Rhode Island's rules meet
those requirements. Some of these provisions were already contained in
Rhode Island's existing SIP while others are being approved today.
a. Rhode Island regulation 9.4.3(a) establishes provisions in
accordance with Sec. 173(a)(1)(A) of the CAA to assure that
calculations of emissions offsets are based on the same emissions
baseline used in the demonstration of Reasonable Further Progress
(RFP).
b. Rhode Island regulation 9.4.2(d)(5) establishes provisions in
accordance with Sec. 173(c)(1) of the CAA to allow offsets to be
obtained in another nonattainment area if: i) the area has an equal or
higher nonattainment classification and ii) emissions from the other
nonattainment area contribute to a NAAQS violation in the area in which
the source would construct.
c. Rhode Island regulation 9.4.2(d)(2-3) establishes provisions in
accordance with Sec. 173(c)(1) of the CAA that any emissions offsets
obtained in conjunction with the issuance of a permit to a new or
modified source must be in effect and enforceable by the time the new
or modified source commences operation.
d. Rhode Island regulation 9.4.2(c) establishes provisions in
accordance with Sec. 173(c)(1) of the CAA to assure that emissions
increases from new or modified sources are offset by real reductions in
actual emissions.
e. Rhode Island regulation 9.4.3(a) establishes provisions in
accordance with Sec. 173(c)(2) of the CAA to prevent emissions
reductions otherwise required by the Act from being credited for
purposes of satisfying part D offset requirements.
f. The 1990 CAAA modified the Act's provisions on growth allowances
in nonattainment areas by (1) Eliminating existing growth allowances in
any nonattainment area that received a notice prior or subsequent to
the Amendments that the SIP was substantially inadequate, and (2)
restricting growth allowances to only those portions of nonattainment
areas formally targeted as special zones for economic growth. Section
173(b) and 173(a)(1)(B) of the CAA. Consistent with these changes,
Rhode Island has removed from its SIP NSR regulations the growth
allowance provisions. There are no zones currently in Rhode Island that
are targeted for economic development.
g. Rhode Island regulation 9.4.2(e) establishes provisions in
accordance with Sec. 173(a)(5) of the CAA that, as a prerequisite to
issuing any part D permit, require an analysis of alternative sites,
sizes, production processes, and environmental control techniques for
proposed sources that demonstrates that the benefits of the proposed
source significantly outweigh the environmental and social costs
imposed as a result of its location, construction, or modification.
h. Rhode Island and the EPA-New England office have established a
mechanism through the Regional grants program to supply information
from nonattainment new source review permits to EPA's RACT/BACT/LAER
clearinghouse in accordance with Sec. 173(d) of the CAA.
i. Rhode Island regulation 9.1.39 establishes, in accordance with
Secs. 302(z) and 111(a)(3) of the CAA, a definition of ``stationary
source'' that includes certain internal combustion engines other than
the newly defined category of ``nonroad engines.''
j. Rhode Island regulation 9.4.2(b) establishes provisions in
accordance
[[Page 4355]]
with Sec. 173(a)(3) of the CAA that require owners or operators of each
proposed new or modified major stationary source to demonstrate, as a
condition of permit issuance, that all other major stationary sources
under the same ownership in the State are in compliance with the CAA.
Section III
General Requirements for Ozone Nonattainment NSR
A. Background
The general nonattainment NSR requirements are found in Secs. 172
and 173 of Part D of subchapter I of the Act and must be met by all
nonattainment areas. The requirements for ozone that supplement or
supersede these requirements are found in subpart 2 of part D. In
addition to requirements for ozone nonattainment areas, subpart 2
includes Sec. 182(f), which states that requirements for major
stationary sources of VOC shall apply to major stationary sources of
oxides of nitrogen (NOX) unless the Administrator makes certain
determinations related to the benefits or contribution of NOX
control to air quality, ozone attainment, or ozone air quality. States
were required under section 182(a)(2)(C) to adopt new NSR rules for
ozone nonattainment areas by November 15, 1992.
B. Summary of Rhode Islands Submittal
Pursuant to Sec. 172(c)(5) of the CAA, SIPs must require permits
for the construction and operation of new or modified major stationary
sources. The federal statutory permit requirements for ozone
nonattainment areas are generally contained in revised Sec. 173, and in
subpart 2 of subchapter I, part D of the CAA. These are the minimum
requirements that States must include in an approvable implementation
plan. For all classifications of ozone nonattainment areas and for
ozone transport regions (OTRs), States must adopt the appropriate major
source thresholds and offset ratios, and must adopt provisions to
ensure that any new or modified major stationary source of NOX
satisfies the requirements applicable to any major source of VOC,
unless a special NOX exemption is granted by the Administrator
under the provision of Sec. 182(f). For serious and severe ozone
nonattainment areas, State plans must also implement Secs. 182(c) (6),
(7) and (8) with regard to modifications. The entire state of Rhode
Island is currently classified as a serious ozone nonattainment area.
The following paragraphs reference the ozone nonattainment and OTR
NSR requirements that Rhode Island was required to submit to EPA by
November 15, 1992 and how Rhode Island has met those requirements.
a. Rhode Island Regulations 9.4.1(b)(1) and 9.4.2 establish, in
accordance with Secs. 182(c) and 182(f) of the CAA, major source
thresholds for serious areas of 50 tons per year (tpy) for VOC and for
NOX.
b. Rhode Island Regulation 9.4.2(d)(4) establishes, in accordance
with Secs. 183(c)(10) and 182(f) of the CAA, an offset ratio of 1.2 to
1 for major sources or major modifications of VOC or NOX in
serious areas.
c. In combination, Rhode Island Regulations 9.1.25 and 9.1.37
establish provisions that are consistent with the requirements of
Sec. 182(c)(6) of the CAA, the De Minimis Ruling.
d. Rhode Island Regulation 9.4.2 (a)(3) and (a)(4) establish
provisions which are at least as stringent as the Federal special rules
for modifications in Sec. 182(c) (7) and (8) of the CAA.
Section IV
Revisions to PSD Program, Minor Source Permitting, and General
Requirements
A. Background
Requirements for attainment NSR are set out in part C of subchapter
I of the CAA and in 40 CFR 51.166 and must be met by all State PSD
program SIPs. Minor source construction permitting requirements are
contained in section 110(a)(2)(c) and 40 CFR 51.100-165. Rhode Island
has revised various provisions in its PSD program and in its
construction permitting regulation.
B. Summary of Rhode Island's Submittal
In general, the revisions clarified the current procedures used by
the DEM or implemented procedures consistent with current federal
rules. A brief description of the revisions is as follows:
--The definition of significant net emissions increase for NOX in
NOX attainment areas has been changed from 40 to 25 tpy.
--The threshold level for municipal incinerators in the definition of
major source has been lowered from 250 to 50 tons of charged refuse per
day. Municipal incinerators below the threshold level do not include
fugitive emissions in determining whether the source is a major source.
--The definition of ``significant'' has been changed to include the
significant net emission threshold levels for municipal waste combustor
pollutants.
--The definitions for nonroad engines and nonroad vehicles have been
added to the regulation.
--The limits to the percentage of increment consumed by a source or
modification now applies only to major sources or major modifications.
--Sources are required to obtain a major source permit or a minor
source permit, whichever applies.
--Certain air pollution control equipment have been exempted from minor
source permitting requirements.
--The requirements for public participation in the review of major
source permit applications have been added to the body of the
regulation.
--The requirements for operating permits have been removed from the
regulation.
--The time limit for a source to commence construct after issuance of a
permit has been increased from 1 year to 18 months.
--The definition for ``State recovery facility'' has been removed from
the regulation.
For further details concerning the revisions to Rhode Island's Air
Pollution #9 and EPA's evaluation, please refer to the memorandum
entitled ``Technical Support Document--Rhode Island New Source Review
Revisions.''
Section V
Final Action
EPA is approving the revisions to the Rhode Island Air Pollution
Control Regulation No. 9, ``Air Pollution Control Permits,'' except for
Chapter 9.13, Application for an Air Toxics Operating Permit; Chapter
9.14, Administrative Action: Air Toxics Operating Permits; Chapter
9.15, Transfer of an Air Toxics Operating Permit; and Appendix A,
Toxics Air Pollutants, Minimum Quantities. This regulation was
effective in the State of Rhode Island on March 24, 1993. These
revisions meet the nonattainment area NSR provisions of Part D of the
CAA as well as the requirements of the General Preamble and other
miscellaneous requirements.
Under the Regulatory Flexibility Act, 5 U.S.C. Sec. 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.
[[Page 4356]]
Under Sections 202, 203, and 205 of the Unfunded Mandates Reform
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22,
1995, EPA must undertake various actions in association with proposed
or final rules that include a Federal mandate that may result in
estimated costs of $100 million or more to the private sector, or to
State, local, or tribal governments in the aggregate.
Through submission of this state implementation plan or plan
revision, the State and any affected local or tribal governments have
elected to adopt the program provided for under Section 110 of the
Clean Air Act. These rules may bind State, local and tribal governments
to perform certain actions and also require the private sector to
perform certain duties. To the extent that the rules being approved by
this action will impose no new requirements; such sources are already
subject to these regulations under State law. Accordingly, no
additional costs to State, local, or tribal governments, or to the
private sector, result from this action. EPA has also determined that
this final action does not include a mandate that may result in
estimated costs of $100 million or more to State, local, or tribal
governments in the aggregate or to the private sector.
The OMB has exempted this action from review under Executive Order
12866.
SIP approvals under section 110 and subchapter I, Part D of the CAA
do not create any new requirements, but simply approve requirements
that the State is already imposing. Therefore, because the federal SIP-
approval does not impose any new requirements, I certify that it does
not have a significant impact on any small entities affected. Moreover,
due to the nature of the federal-state relationship under the CAA,
preparation of a regulatory flexibility analysis would constitute
federal inquiry into the economic reasonableness of state action. The
CAA forbids EPA to base its actions concerning SIPs on such grounds.
Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976);
42 U.S.C. 7410(a)(2).
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for
Air and Radiation. The Office of Management and Budget (OMB) has
exempted this regulatory action from review under Executive Order
12866.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any State implementation plan. Each request for revision to
the State implementation plan shall be considered separately in light
of specific technical, economic, and environmental factors and in
relation to relevant statutory and regulatory requirements.
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by April 8, 1996. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Air pollution control, Carbon monoxide, Environmental protection,
Hydrocarbons, Incorporation by reference, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides.
Note: Incorporation by reference of the State Implementation
Plan for the State of Rhode Island was approved by the Director of
the Federal Register on July 1, 1982.
Dated: September 11, 1995.
John P. DeVillars,
Regional Administrator, Region I.
Part 52 of 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 OO--Rhode Island
2. Section 52.2070 is amended by adding paragraph (c)(41) to read
as follows:
Sec. 52.2070 Identification of plan.
* * * * * *
(c) * * *
(41) Revisions to the State Implementation Plan submitted by the
Rhode Island Department of Environmental Management on March 11, 1993.
(i) Incorporation by reference.
(A) Letter from the Rhode Island Department of Environmental
Management dated March 5, 1993 submitting a revision to the Rhode
Island State Implementation Plan.
(B) Rhode Island's Air Pollution Control Regulation No. 9 entitled,
``Air Pollution Control Permits,'' except for Chapter 9.13, Application
for an Air Toxics Operating Permit; Chapter 9.14, Administrative
Action: Air Toxics Operating Permits; and Chapter 9.15, Transfer of an
Air Toxics Operating Permit; and Appendix A, Toxic Air Pollutants,
Minimum Quantities. This regulation was effective in the State of Rhode
Island on March 24, 1993.
(ii) Additional materials.
(A) A fact sheet on the proposed amendments to Regulation No. 9
entitled, ``Approval to Construct, Install, Modify or Operate''.
(B) Nonregulatory portions of the State submittal.
3. In Sec. 52.2081 Table 52.2081 is amended by adding new entries
to existing state citations for Chapter No. 9, to read as follows:
Sec. 52.208 EPA-approved EPA Rhode Island State regulations.
[[Page 4357]]
Table 52.2081.--EPA-Approved Rules and Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
Comments/Unapproved
State citation Title/subject Date adopted by State Date approved by EPA FR citation 52.2070 sections
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
No. 9............. Air Pollution March 4, 1993............ February 6, 1996......... 61 FR 4353....... (c)(41) Addition of NSR and
Control Permits. other CAAA
requirements under
Amended Regulation
No. 9 except for
Chapters 9.13, 9.14,
9.15, and Appendix A.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
[FR Doc. 96-2226 Filed 2-5-96; 8:45 am]
BILLING CODE 6560-50-P
Complete official Federal Register PDF
FR Doc. 96-1975 Streamlining the Antenna Structure Clearance Procedure and Revision of the Rules Concerning Construction, Marking, and Lighting of Antenna Structures
[Federal Register Volume 61, Number 25 (Tuesday, February 6, 1996)]
[Rules and Regulations]
[Pages 4359-4369]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1975]
=======================================================================
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 0, 1, 17, 21, 22, 23, 24, 25, 73, 74, 78, 80, 87, 90,
94, 95, and 97
[WT Docket No. 95-5, FCC 95-473]
Streamlining the Antenna Structure Clearance Procedure and
Revision of the Rules Concerning Construction, Marking, and Lighting of
Antenna Structures
AGENCY: Federal Communications Commission.
ACTION: Final Rule.
-----------------------------------------------------------------------
SUMMARY: The Commission has adopted a Report and Order to streamline
the Commission's antenna structure clearance process by instituting a
uniform registration process for structure owners, revise the current
antenna structure painting and lighting requirements in keeping with
updated recommendations by the Federal Aviation Administration (FAA),
and make antenna structure owners primarily responsible for antenna
structures that require painting and/or lighting. These amendments
reduce the number of Commission filings, expedite the processing of
authorizations involving FAA coordination, and clarify rules concerning
the painting and lighting of antenna structures.
DATES: These regulations are effective March 7, 1996. The incorporation
by reference of certain publications listed in the regulations is
approved by the Director of the Federal Register as of March 7, 1996.
Written comments by the public on the proposed and/or modified
information collections are due March 7, 1996. Written comments must be
submitted by the Office of Management and Budget (OMB) on the
[[Page 4360]]
information collections on or before April 8, 1996.
ADDRESSES: A copy of any comments on the information collections
contained herein should be submitted to Dorothy Conway, Federal
Communications Commission, room 234, 1919 M Street NW., Washington, DC
20554, or via the Internet to [email protected], and to Timothy Fain, OMB
Desk Officer, 10236 NEOB, 725 17th Street NW., Washington, DC 20503 or
via the Internet to [email protected].
FOR FURTHER INFORMATION CONTACT: Roger Noel of the Wireless
Telecommunications Bureau at (202) 418-0680, or Robert Greenberg of the
Mass Media Bureau at (202) 418-2720. For additional information
concerning the information collections contained in this Report and
Order contact Dorothy Conway at 202-418-0217, or via the Internet at
[email protected].
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order, adopted November 28, 1995, and released November 30, 1995.
The full text of this action is available for inspection and copying
during normal business hours in the FCC Reference Center, room 239,
1919 M Street NW., Washington, DC. The complete text may be purchased
from the Commission's copy contractor, ITS, Inc., (202) 857-3800, 2100
M Street NW., suite 140, Washington, DC 20037.
Summary of Report and Order
1. In this action, the Commission made three distinct changes to
the rules. First, the Commission replaced the current clearance process
with a streamlined procedure for registering each antenna structure
which requires FAA notification. The registration process requires the
antenna structure owner, not the licensees or permittees using the
structure, to (1) Register the antenna structure with the Commission,
(2) maintain the structure's painting and lighting in accordance with
the Commission's Rules, (3) notify the Commission of changes in height,
coordinates, ownership, painting, or lighting of the structure, and (4)
notify the Commission upon dismantling the structure. This proposed
action does not impose a greater net filing burden on the public, but
instead decreases the number of entities affected by these
requirements.
2. Second, the Commission incorporated by reference the
recommendations found in the following two FAA Advisory Circulars:
Obstruction Marking and Lighting (AC 70/7460-1H) released August, 1991,
and Specification for Obstruction Lighting Equipment (AC 150/5345-43D)
released July, 1988. This change updates the Commission's Rules in
light of the FAA's recent air safety recommendations and would
grandfather the present painting and lighting requirements of existing
structures indefinately, so long as further FAA coordination is not
required. This action serves to streamline the Commission's Rules and
increase air safety.
3. Third, the Commission implemented statutory language holding
antenna structure owners primarily responsible for compliance with the
Commission's painting and lighting requirements. This means that the
Commission would first look toward structure owners to ensure that
antenna structures are painted and lighted in accordance with the
Commission's Rules. In cases where reliance on the owner proves
ineffective, the Commission would turn toward the tenant licensees and
permittees to ensure that the structure is properly painted and
lighted.
4. The rules are set forth at the end of this document.
5. This Report and Order is issued under the authority of sections
4(i), 4(j), and 303(r) of the Communications Act of 1934, as amended,
47 U.S.C. 154(i), 154(j), and 303(r).
Final Regulatory Flexibility Analysis
Need and Purpose of This Action
This Report and Order seeks to: (1) Reduce the number of filings to
the Commission regarding changes to antenna structures, (2) expedite
application and notification processing, (3) unify and streamline
federal painting and lighting regulations to ease the public and
governmental burdens associated with processing certain applications,
and (4) increase safety in air navigation.
Summary of the Issues Raised by the Public Comments in Response to the
Initial Flexibility Analysis
There were no comments submitted in response to the Initial
Regulatory Flexibility Analysis.
Significant Alternatives Considered
No significant alternative to this action was contained in the
Notice or suggested by commenters. The action represents the best means
to achieve the regulatory objective of minimizing the regulatory burden
on the public.
Paperwork Reduction Act
This Report and Order contains information collections. The
Commission, as part of its continuing effort to reduce paperwork
burdens, invites the general public and the Office of Management and
Budget (OMB) to comment on the information collections contained in
this Report and Order, as required by the Paperwork Reduction Act of
1995, Pub. L. No. 104-13. Public and agency comments are due 30 days
from date of publication of this Report and Order in the Federal
Register; OMB comments are due 60 days from date of publication of this
Report and Order in the Federal Register. Comments should address: (a)
Whether the proposed collection of information is necessary for the
proper performance of the functions of the Commission, including
whether the information shall have practical utility; (b) the accuracy
of the Commission's burden estimates; (c) ways to enhance the quality,
utility, and clarity of the information collected; and (d) ways to
minimize the burden of the collection of information on the
respondents, including the use of automated collection techniques or
other forms of information technology.
OMB Approval Number: 3060-0645
Title: Antenna Registration Part 17
Form No: Not applicable
Type of Review: Revision of existing collection
Respondents: Businesses; not-for-profit institutions; state, local or
tribal government
Number of Respondents: 14,965
Estimated Time Per Response: .05
Total Annual Burden: 748
Needs and Uses: The notification requirement requires those
licensees who experience antenna structure lighting outages to notify
the FAA of improperly functioning antenna structure lights. This
information is used by FAA personnel to assure that aviators are aware
of unlit antenna structures that would otherwise cause a hazard to air
navigation.
OMB Approval Number: 3060-0645
Title: Antenna Registration Part 17
Form No: Not applicable
Type of Review: Revision of existing collection
Respondents: Businesses; not-for-profit institutions; state, local or
tribal government
Number of Respondents: 14,965
Estimated Time Per Response: .25
Total Annual Burden: 3,741
Needs and Uses: The recordkeeping requirement requires those
licensees who experience problems with the lighting of their antenna
structure lighting to keep a record of the malfunction with the station
records. This information is used by FCC personnel to ensure that
antenna structure lighting systems are properly maintained.
[[Page 4361]]
List of Subjects
47 CFR Part 0
Organization and functions (Government agencies).
47 CFR Part 1
Administrative practice and procedure.
47 CFR Part 17
Antennas, Aviation safety, Communications equipment, Incorporation
by reference, Radio, Reporting and recordkeeping requirements.
47 CFR Part 21
Communications equipment, Radio, Reporting and recordkeeping
requirements.
47 CFR Part 22
Communications equipment, Radio, Reporting and recordkeeping
requirements.
47 CFR Part 23
Radio, Reporting and recordkeeping requirements.
47 CFR Part 24
Radio, Reporting and recordkeeping requirements.
47 CFR Part 25
Communications equipment, Radio, Reporting and recordkeeping
requirements.
47 CFR Part 73
Radio broadcasting, Television broadcasting.
47 CFR Part 74
Radio broadcasting, Television broadcasting.
47 CFR Part 78
Communications equipment, Radio, Reporting and recordkeeping
requirements.
47 CFR Part 80
Communications equipment, Radio, Reporting and recordkeeping
requirements.
47 CFR Part 87
Communications equipment, Radio, Reporting and recordkeeping
requirements.
47 CFR Part 90
Communications equipment, Radio, Reporting and recordkeeping
requirements.
47 CFR Part 94
Communications equipment, Radio, Reporting and recordkeeping
requirements.
47 CFR Part 95
Communications equipment, Radio, Reporting and recordkeeping
requirements.
47 CFR Part 97
Communications equipment, Radio, Reporting and recordkeeping
requirements.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
Final Rules
Parts 0, 1, 17, 21, 22, 23, 24, 25, 73, 74, 78, 80, 87, 90, 94, 95,
and 97 of Title 47 of the Code of Federal Regulations are amended as
follows:
I.
PART 0--COMMISSION ORGANIZATION
1. The authority citation for Part 0 continues to read as follows:
Authority: Secs. 5, 48 Stat. 1068, as amended; 47 U.S.C. 155,
225, unless otherwise noted.
2. Section 0.131 is amended by revising paragraph (j) to read as
follows:
Sec. 0.131 Functions of the Bureau.
* * * * *
(j) Administers the Commission's commercial radio operator program
(Part 13 of this chapter) and the Commission's program for
registration, construction, marking and lighting of antenna structures
(Part 17 of this chapter).
* * * * *
II.
PART 1--PRACTICE AND PROCEDURE
3. The authority citation for Part 1 continues to read as follows:
Authority: 47 U.S.C. 154, 303, 503(b)(5); 5 U.S.C. 552, 21
U.S.C. 853a, unless otherwise noted.
4. Section 1.61 is amended by revising paragraphs (a) and (b),
removing paragraphs (c), (d), (e), and (f), redesignating paragraph (g)
as paragraph (c) and revising its introductory paragraph to read as
follows:
Sec. 1.61 Procedures for handling applications requiring special
aeronautical study.
(a) Antenna Structure Registration is conducted by the Wireless
Telecommunications Bureau as follows:
(1) Each antenna structure owner that must notify the FAA of
proposed construction using FAA Form 7460-1 shall, upon proposing new
or modified construction, register that antenna structure with the
Wireless Telecommunications Bureau using FCC Form 854.
(2) If an Environmental Assessment is required under Sec. 1.1307,
the Bureau will address the environmental concerns prior to processing
the registration.
(3) If a final FAA determination of ``no hazard'' is not submitted
along with FCC Form 854, processing of the registration may be delayed
or disapproved.
(4) If the owner of the antenna structure cannot file FCC Form 854
because it is subject to a denial of federal benefits under the Anti-
Drug Abuse Act of 1988, 21 U.S.C. 862, the first licensee authorized to
locate on the structure must register the structure using FCC Form 854,
and provide a copy of the Antenna Structure Registration (FCC Form
854R) to the owner. The owner remains responsible for providing a copy
of FCC Form 854R to all tenant licensees on the structure and for
posting the registration number as required by Sec. 17.4(g) of this
chapter.
(5) Upon receipt of FCC Form 854, and attached final FAA
determination of ``no hazard,'' the Bureau prescribes antenna structure
painting and/or lighting specifications or other conditions in
accordance with the FAA airspace recommendation and returns a completed
Antenna Structure Registration (FCC Form 854R) to the registrant. If
the proposed structure is disapproved the registrant is so advised.
(b) Each operating Bureau or Office examines the applications for
Commission authorization for which it is responsible to ensure
compliance with FAA notification procedures as well as Commission
Antenna Structure Registration as follows:
(1) If Antenna Structure Registration is required, the operating
Bureau reviews the application for the Antenna Structure Registration
Number and proceeds as follows:
(i) If the application contains the Antenna Structure Registration
Number or if the applicant seeks a Cellular or PCS system
authorization, the operating Bureau processes the application.
(ii) If the application does not contain the Antenna Structure
Registration Number, but the structure owner has already filed FCC Form
854, the operating Bureau places the application on hold until
Registration can be confirmed, so long as the owner exhibits due
diligence in filing.
(iii) If the application does not contain the Antenna Structure
Registration Number, and the structure
[[Page 4362]]
owner has not filed FCC Form 854, the operating Bureau notifies the
applicant that FCC Form 854 must be filed and places the application on
hold until Registration can be confirmed, so long as the owner exhibits
due diligence in filing.
(2) If Antenna Structure Registration is not required, the
operating Bureau processes the application.
(c) Where one or more antenna farm areas have been designated for a
community or communities (see Sec. 17.9 of this chapter), an
application proposing the erection of an antenna structure over 1,000
feet in height above ground to serve such community or communities will
not be accepted for filing unless:
* * * * *
III.
PART 17--CONSTRUCTION, MARKING, AND LIGHTING OF ANTENNA STRUCTURES
5. The authority citation for Part 17 continues to read as follows:
Authority: Secs. 4, 303, 48 Stat. 1066, 1082, as amended; 47
U.S.C. 154, 303. Interpret or apply secs. 301, 309, 48 Stat. 1081,
1085 as amended; 47 U.S.C. 301, 309.
6. Section 17.1 is revised to read as follows:
Sec. 17.1 Basis and purpose.
(a) The rules in this part are issued pursuant to the authority
contained in Title III of the Communications Act of 1934, as amended,
which vest authority in the Federal Communications Commission to issue
licenses to radio stations when it is found that the public interest,
convenience, and necessity would be served thereby, and to require the
painting, and/or illumination of antenna structures if and when in its
judgment such structures constitute, or there is reasonable possibility
that they may constitute, a menace to air navigation.
(b) The purpose of this part is to prescribe certain procedures for
antenna structure registration and standards with respect to the
Commission's consideration of proposed antenna structures which will
serve as a guide to antenna structure owners. The standards are
referenced from two Federal Aviation Administration (FAA) Advisory
Circulars.
7. Section 17.2 is amended by revising paragraph (a) and adding new
paragraphs (c) and (d) to read as follows:
Sec. 17.2 Definitions.
(a) Antenna structure. The term antenna structure includes the
radiating and/or receive system, its supporting structures and any
appurtenances mounted thereon.
* * * * *
(c) Antenna structure owner. For the purposes of this part, an
antenna structure owner is the individual or entity vested with
ownership, equitable ownership, dominion, or title to the antenna
structure. Notwithstanding any agreements made between the owner and
any entity designated by the owner to maintain the antenna structure,
the owner is ultimately responsible for compliance with the
requirements of this part.
(d) Antenna structure registration number. A unique number, issued
by the Commission during the registration process, which identifies an
antenna structure. Once obtained, this number must be used in all
filings related to this structure.
8. Section 17.4 is revised to read as follows:
Sec. 17.4 Antenna structure registration.
(a) Effective July 1, 1996, the owner of any proposed or existing
antenna structure that requires notice of proposed construction to the
Federal Aviation Administration must register the structure with the
Commission. This includes those structures used as part of stations
licensed by the Commission for the transmission of radio energy, or to
be used as part of a cable television head end system. If a Federal
Government antenna structure is to be used by a Commission licensee,
the structure must be registered with the Commission.
(1) For a proposed antenna structure or alteration of an existing
antenna structure, the owner must register the structure prior to
construction or alteration.
(2) For an existing antenna structure that had been assigned
painting or lighting requirements prior to July 1, 1996, the owner must
register the structure prior to July 1, 1998.
(3) For a structure that did not originally fall under the
definition of ``antenna structure,'' the owner must register the
structure prior to hosting a Commission licensee.
(b) Except as provided in paragraph (e) of this section, each owner
must file FCC Form 854 with the Commission. Additionally, each owner of
a proposed structure referred to in paragraphs (a)(1) or (a)(3) of this
section must submit a valid FAA determination of ``no hazard.'' In
order to be considered valid by the Commission, the FAA determination
of ``no hazard'' must not have expired prior to the date on which FCC
Form 854 is received by the Commission. The height of the structure
will include the highest point of the structure including any
obstruction lighting or lighting arrester.
(c) If an Environmental Assessment is required under Sec. 1.1307 of
this chapter, the Bureau will address the environmental concerns prior
to processing the registration.
(d) If a final FAA determination of ``no hazard'' is not submitted
along with FCC Form 854, processing of the registration may be delayed
or disapproved.
(e) If the owner of the antenna structure cannot file FCC Form 854
because it is subject to a denial of federal benefits under the Anti-
Drug Abuse Act of 1988, 21 U.S.C. 862, the first tenant licensee
authorized to locate on the structure (excluding tenants that no longer
occupy the structure) must register the structure using FCC Form 854,
and provide a copy of the Antenna Structure Registration (FCC Form
854R) to the owner. The owner remains responsible for providing a copy
of FCC Form 854R to all tenant licensees on the structure and for
posting the registration number as required by paragraph (g) of this
section.
(f) The Commission shall issue, to the registrant, FCC Form 854R,
Antenna Structure Registration, which assigns a unique Antenna
Structure Registration Number. The structure owner shall immediately
provide a copy of Form 854R to each tenant licensee and permittee.
(g) Except as described in paragraph (h) of this section, the
Antenna Structure Registration Number must be displayed in a
conspicuous place so that it is readily visible near the base of the
antenna structure. Materials used to display the Antenna Structure
Registration Number must be weather-resistant and of sufficient size to
be easily seen at the base of the antenna structure.
(h) The owner is not required to post the Antenna Structure
Registration Number in cases where a federal, state, or local
government entity provides written notice to the owner that such a
posting would detract from the appearance of a historic landmark. In
this case, the owner must make the Antenna Structure Registration
Number available to representatives of the Commission, the FAA, and the
general public upon reasonable demand.
9. A new section 17.5 is added to Subpart A to read as follows:
Sec. 17.5 Commission consideration of applications for station
authorization.
(a) Applications for station authorization, excluding services
authorized on a geographic basis, are
[[Page 4363]]
reviewed to determine whether there is a requirement that the antenna
structure in question must be registered with the Commission.
(b) If registration is required, the registrant must supply the
structure's registration number upon request by the Commission.
(c) If registration is not required, the application for
authorization will be processed without further regard to this chapter.
10. A new section 17.6 is added to Subpart A to read as follows:
Sec. 17.6 Responsibility of Commission licensees and permittees.
(a) The antenna structure owner is responsible for maintaining the
painting and lighting in accordance with this part. However, if a
licensee or permittee authorized on an antenna structure is aware that
the structure is not being maintained in accordance with the
specifications set forth on the Antenna Structure Registration (FCC
Form 854R) or the requirements of this part, or otherwise has reason to
question whether the antenna structure owner is carrying out its
responsibility under this part, the licensee or permittee must take
immediate steps to ensure that the antenna structure is brought into
compliance and remains in compliance. The licensee must:
(1) Immediately notify the structure owner;
(2) Immediately notify the site management company (if applicable);
(3) Immediately notify the Commission; and,
(4) Make a diligent effort to immediately bring the structure into
compliance.
(b) In the event of non-compliance by the antenna structure owner,
the Commission may require each licensee and permittee authorized on an
antenna structure to maintain the structure, for an indefinite period,
in accordance with the Antenna Structure Registration (FCC Form 854R)
and the requirements of this part.
(c) If the owner of the antenna structure cannot file FCC Form 854
because it is subject to a denial of federal benefits under the Anti-
Drug Abuse Act of 1988, 21 U.S.C. 862, the first licensee authorized to
locate on the structure must register the structure using FCC Form 854,
and provide a copy of the Antenna Structure Registration (FCC Form
854R) to the owner. The owner remains responsible for providing a copy
of FCC Form 854R to all tenant licensees on the structure and for
posting the registration number as required by Sec. 17.4(g).
11. Subpart B is amended by revising its heading to read as
follows:
Subpart B--Federal Aviation Administration Notification Criteria
12. Section 17.10 is amended by revising the introductory paragraph
to read as follows:
Sec. 17.10 Antenna structures over 304.80 meters (1,000 feet) in
height.
Where one or more antenna farm areas have been designated for a
community or communities (see Sec. 17.9), the Commission will not
accept for filing an application to construct a new station or to
increase height or change antenna location of an existing station
proposing the erection of an antenna structure over 304.80 meters
(1,000 feet) above ground unless:
* * * * *
13. Section 17.14 is amended by revising the first sentence in
paragraph (a) to read as follows:
Sec. 17.14 Certain antenna structures exempt from notification to the
FAA.
* * * * *
(a) Any object that would be shielded by existing structures of a
permanent and substantial character or by natural terrain or
topographic features of equal or greater height, and would be located
in the congested area of a city, town, or settlement where it is
evident beyond all reasonable doubt that the structure so shielded will
not adversely affect safety in air navigation. * * *
* * * * *
14. Section 17.17 is amended by revising paragraph (a) to read as
follows:
Sec. 17.17 Existing structures.
(a) The requirements found in Sec. 17.23 relating to painting and
lighting of antenna structures shall not apply to those structures
authorized prior to July 1, 1996. Previously authorized structures may
retain their present painting and lighting specifications, so long as
the overall structure height or site coordinates do not change. The
Antenna Structure Registration requirements found in Sec. 17.5,
however, shall apply to all antenna structures that have been assigned
painting or lighting requirements by the Commission, regardless of
prior authorization.
* * * * *
15. Section 17.22 is amended by revising the first sentence to read
as follows:
Sec. 17.22 Particular specifications to be used.
Whenever painting or lighting is required, the Commission will
generally assign specifications in accordance with the FAA Advisory
Circulars referenced in Sec. 17.23.* * *
16. Section 17.23 is revised to read as follows:
Sec. 17.23 Specifications for painting and lighting antenna
structures.
Unless otherwise specified by the Commission, each new or altered
antenna structure to be registered on or after July 1, 1996, must
conform to the FAA's painting and lighting recommendations set forth on
the structure's FAA determination of ``no hazard,'' as referenced in
the following FAA Advisory Circulars: AC 70/7460-1H, ``Obstruction
Marking and Lighting,'' August 1, 1991, as amended by Change 2, July
15, 1992, and AC 150/5345-43D, ``Specification for Obstruction Lighting
Equipment,'' July 15, 1988. These documents are incorporated by
reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The
documents contain FAA recommendations for painting and lighting
structures which pose a potential hazard to air navigation. For
purposes of this part, the specifications, standards, and general
requirements stated in these documents are mandatory. The Advisory
Circulars listed above are available for inspection at the Commission
Headquarters in Washington, DC, 2025 M Street NW., room 8112, or at the
Office of the Federal Register, 800 North Capitol Street, NW., room
700, Washington, DC., or may be obtained from Department of
Transportation, Utilization and Storage Section (Publications), M443.2,
400 7th Street SW, Washington, DC 20590, telephone (202) 366-0039 or
(202) 366-0451.
Secs. 17.24 through 17.43 [Removed and reserved]
17. Sections 17.24 through 17.43 are removed and reserved.
18. Section 17.47 is revised to read as follows:
Sec. 17.47 Inspection of antenna structure lights and associated
control equipment.
The owner of any antenna structure which is registered with the
Commission and has been assigned lighting specifications referenced in
this part:
(a)(1) Shall make an observation of the antenna structure's lights
at least once each 24 hours either visually or by observing an
automatic properly maintained indicator designed to register any
failure of such lights, to insure that all such lights are functioning
properly as required; or alternatively,
(2) Shall provide and properly maintain an automatic alarm system
[[Page 4364]]
designed to detect any failure of such lights and to provide indication
of such failure to the owner.
(b) Shall inspect at intervals not to exceed 3 months all automatic
or mechanical control devices, indicators, and alarm systems associated
with the antenna structure lighting to insure that such apparatus is
functioning properly.
19. Section 17.48 is amended by revising the introductory paragraph
and the second sentence in paragraph (a) to read as follows:
Sec. 17.48 Notification of extinguishment or improper functioning of
lights.
The owner of any antenna structure which is registered with the
Commission and has been assigned lighting specifications referenced in
this part:
(a) * * * Such reports shall set forth the condition of the light
or lights, the circumstances which caused the failure, the probable
date for restoration of service, the FCC Antenna Structure Registration
Number, the height of the structure (AGL and AMSL if known) and the
name, title, address, and telephone number of the person making the
report. * * *
* * * * *
20. Section 17.49 is amended by revising the section heading, the
introductory paragraph, and paragraph (c) and adding a new paragraph
(d) to read as follows:
Sec. 17.49 Recording of antenna structure light inspections in the
owner record.
The owner of each antenna structure which is registered with the
Commission and has been assigned lighting specifications referenced in
this part must maintain a record of any observed or otherwise known
extinguishment or improper functioning of a structure light and include
the following information for each such event:
* * * * *
(c) Date and time of FAA notification, if applicable.
(d) The date, time and nature of adjustments, repairs, or
replacements made.
21. Section 17.50 is revised to read as follows:
Sec. 17.50 Cleaning and repainting.
Antenna structures requiring painting under this part shall be
cleaned or repainted as often as necessary to maintain good visibility.
22. Section 17.51 is amended by revising paragraph (b) to read as
follows:
Sec. 17.51 Time when lights should be exhibited.
* * * * *
(b) All high intensity and medium intensity obstruction lighting
shall be exhibited continuously unless otherwise specified.
23. Section 17.57 is revised to read as follows:
Sec. 17.57 Report of radio transmitting antenna construction,
alteration, and/or removal.
The owner of an antenna structure for which an Antenna Structure
Registration Number has been obtained must notify the Commission within
24 hours of completion of construction (FCC Form 854-R) and/or
dismantlement (FCC Form 854). The owner must also immediately notify
the Commission using FCC Form 854 upon any change in structure height
or change in ownership information.
IV.
PART 21--DOMESTIC PUBLIC FIXED RADIO SERVICES
24. The authority citation for Part 21 continues to read as
follows:
Authority: Secs. 1, 2, 4, 201-205, 208, 215, 218, 303, 307, 313,
403, 404, 410, 602, 48 Stat. as amended, 1064, 1066, 1070-1073,
1076, 1077, 1080, 1082, 1083, 1087, 1094, 1098, 1102; 47 U.S.C. 151,
154, 201-205, 208, 215, 218, 303, 307, 313, 314, 403, 404, 602; 47
U.S.C. 552, 554.
25. Section 21.11 is amended by adding a new paragraph (g) to read
as follows:
Sec. 21.11 Miscellaneous forms shared by all domestic public radio
services.
* * * * *
(g) Antenna Structure Registration. FCC Form 854 (Application for
Antenna Structure Registration) accompanied by a final Federal Aviation
Administration (FAA) determination of ``no hazard'' must be filed by
the antenna structure owner to receive an antenna structure
registration number. Criteria used to determine whether FAA
notification and registration is required for a particular antenna
structure are contained in Part 17 of this chapter.
26. Section 21.15 is amended by revising paragraph (d),
redesignating paragraphs (e), (f), and (g) as (f), (g), and (h),
respectively, and adding a new paragraph (e), to read as follows:
Sec. 21.15 Technical content of applications.
* * * * *
(d) FAA notification. Before the construction of a new antenna
structure or alteration in the height of an existing structure
(including a receive-only or passive repeater) is authorized by the
FCC, a Federal Aviation Administration (FAA) determination of ``no
hazard'' may be required. To apply for this determination, antenna
structure owners must notify the FAA of the planned construction.
Criteria used to determine whether FAA notification is required for a
particular antenna structure are contained in part 17 of this chapter.
Applications proposing construction of a new antenna structure or
alteration of the overall height of an existing antenna structure,
where FAA notification prior to such construction or alteration is not
required by part 17 of this chapter, must indicate such and, unless the
reason is obvious (e.g. structure height is less than 6.1 meters AGL)
must state why FAA notification is not required. See also Sec. 21.111
if the structure is used by more than one station.
(e) Antenna Structure Registration Number. Applications proposing
construction of a new antenna structure or alteration of the overall
height of an existing antenna structure, where FAA notification prior
to such construction or alteration is required by part 17 of this
chapter, must include the FCC Antenna Structure Registration Number for
the affected structure. If no such number has been assigned at the time
the application is filed, the applicant must state in the application
whether or not the antenna structure owner has notified the FAA of the
proposed construction or alteration and applied to the FCC for an
Antenna Structure Registration Number in accordance with Part 17 of
this chapter of this structure for the antenna structure in question.
* * * * *
27. Section 21.41 is amended by revising paragraph (c)(3) to read
as follows:
Sec. 21.41 Special processing of applications for minor facility
modifications.
* * * * *
(c) * * *
(3) Changes in the geographical coordinates of a transmit station,
receive station or passive facility by ten seconds or less of latitude,
longitude or both, provided that when notice to the FAA of proposed
construction is required by part 17 of this chapter for the antenna
structure at the previously authorized coordinates (or will be required
at the new location) the applicant must comply with the provisions of
Sec. 21.15(e).
* * * * *
28. Section 21.42 is amended by revising paragraph (c)(6) to read
as follows:
Sec. 21.42 Certain modifications not requiring prior authorization.
* * * * *
(c) * * *
[[Page 4365]]
(6) Decreases in the overall height of an antenna structure,
provided that, when notice to the FAA of proposed construction was
required by part 17 of this chapter for the antenna structure at the
previously authorized height, the applicant must comply with the
provisions of Sec. 21.15 (d) and (e).
* * * * *
29. Section 21.111 is revised to read as follows:
Sec. 21.111 Use of common antenna structure.
The simultaneous use of a common antenna structure by more than one
station authorized under this part, or by one or more stations of any
other service may be authorized. The owner, however, of each antenna
structure required to be painted and/or illuminated under the
provisions of Section 303(q) of the Communications Act of 1934, as
amended, shall install and maintain the antenna structure painting and
lighting in accordance with part 17 of this chapter. In the event of
default by the owner, each licensee or permittee shall be individually
responsible for conforming to the requirements pertaining to antenna
structure painting and lighting.
30. Section 21.112 is revised to read as follows:
Sec. 21.112 Marking of antenna structures.
No owner, conditional licensee, or licensee of an antenna structure
for which obstruction marking or lighting is required and for which an
antenna structure registration number has been obtained, shall
discontinue the required painting or lighting without having obtained
prior written authorization therefor from the Commission. (For complete
regulations relative to antenna marking requirements, see part 17 of
this chapter.)
31. Section 21.117 is amended by revising paragraph (b) to read as
follows:
Sec. 21.117 Transmitter location.
* * * * *
(b) The owner of the antenna structure should locate and construct
such structure as to avoid making them hazardous to air navigation.
(See part 17 of this chapter for provisions relating to antenna
structures.) Such installation shall be maintained in good structural
condition together with any required painting or lighting.
V.
PART 22--PUBLIC MOBILE SERVICES
32. The authority citation for Part 22 continues to read as
follows:
Authority: 47 U.S.C. 154, 303, unless otherwise noted.
33. Section 22.115 is amended by revising paragraphs (a)(2) and
(a)(3) to read as follows:
Sec. 22.115 Content of applications.
* * * * *
(a) * * *
(2) Antenna structure registration. Applications proposing the use
of one or more new or existing antenna structures must contain the FCC
Antenna Structure Registration Number, if assigned, of each such
antenna structure for which Federal Aviation Administration (FAA)
notification is or was required by part 17 of this chapter prior to its
construction. If, at the time an application is filed, an FCC Antenna
Structure Registration Number has not been assigned for any such
antenna structure, the applicant must indicate in the application
whether or not, as of the date the application is filed, the antenna
structure owner has registered the antenna structure with the FCC in
accordance with part 17 of this chapter.
(3) FAA notification. Before constructing a new antenna structure
or increasing the height of an existing structure, an antenna structure
owner may be required to obtain an FAA determination of No Hazard to
Air Navigation. To obtain this determination, the FAA must be notified
of the planned construction or alteration. Criteria used to determine
whether FAA notification is required for any particular antenna
structure are contained in part 17 of this chapter.
(i) Applications proposing to use a new antenna structure or an
existing antenna structure for which the height is increased must
indicate whether FAA notification is required by part 17 of this
chapter.
(ii) If FAA notification is required by part 17 of this chapter, a
copy of the FAA determination should be included in the application.
However, if the FAA determination is not available at the time the
application is filed, the application must include the following
information in regard to the FAA notification: the name of the person
that submitted the notification, the date the notification was
submitted, and the location of the FAA office to which the notification
was submitted.
(iii) If FAA notification is not required by part 17 of this
chapter, the application must indicate such and, unless the reason
therefor is obvious (e.g. antenna structure height is less than 6.10
meters above ground level), must contain a statement explaining why FAA
notification is not required.
* * * * *
34. Section 22.365 is revised to read as follows:
Sec. 22.365 Antenna structures; air navigation safety.
Licensees that own their antenna structures must not allow these
antenna structures to become a hazard to air navigation. In general,
antenna structure owners are responsible for registering antenna
structures with the FCC if required by part 17 of this chapter, and for
installing and maintaining any required marking and lighting. However,
in the event of default of this responsibility by an antenna structure
owner, each FCC permittee or licensee authorized to use an affected
antenna structure will be held responsible by the FCC for ensuring that
the antenna structure continues to meet the requirements of part 17 of
this chapter. See Sec. 17.6 of this chapter.
(a) Marking and lighting. Antenna structures must be marked,
lighted and maintained in accordance with Part 17 of this chapter and
all applicable rules and requirements of the Federal Aviation
Administration.
(b) Maintenance contracts. Antenna structure owners (or licensees
and permittees, in the event of default by an antenna structure owner)
may enter into contracts with other entities to monitor and carry out
necessary maintenance of antenna structures. Antenna structure owners
(or licensees and permittees, in the event of default by an antenna
structure owner) that make such contractual arrangements continue to be
responsible for the maintenance of antenna structures in regard to air
navigation safety.
VI.
PART 23--INTERNATIONAL FIXED PUBLIC RADIOCOMMUNICATION SERVICES
35. The authority citation for Part 23 continues to read as
follows:
Authority: Secs. 4, 303, 48 Stat. 1066, 1082 as amended; 47
U.S.C. 154, 303. Interpret or apply sec. 301, 48 Stat. 1081; 47
U.S.C. 301.
36. Section 23.28 is amended by adding a new paragraph (c) to read
as follows:
Sec. 23.28 Special temporary authorization.
* * * * *
(c) Each application proposing construction of one or more new
antenna structures or alteration of the overall height of one or more
existing antenna structures, where FAA notification prior to such
construction or alteration is required by part 17 of this chapter, must
include the FCC Antenna Structure Registration
[[Page 4366]]
Number(s) for the affected structure(s). If no such number has been
assigned at the time the application(s) is filed, the applicant must
state in the application whether the owner has notified the FAA of the
proposed construction or alteration and applied to the FCC for an
Antenna Structure Registration Number in accordance with part 17 of
this chapter. Applications proposing construction of one or more new
antenna structures or alteration of the overall height of one or more
existing antenna structures, where FAA notification prior to such
construction or alteration is not required by part 17 of this chapter,
must indicate such and, unless the structure is 6.10-meters or less
above ground level (AGL), must contain a statement explaining why FAA
notification is not required.
37. Section 23.39 is revised to read as follows:
Sec. 23.39 Antenna structures.
(a) FAA notification. Before the construction of new antenna
structures or alteration in the height of existing antenna structures
is authorized by the FCC, a Federal Aviation Administration (FAA)
determination of ``no hazard'' may be required. To apply for this
determination, the FAA must be notified of the planned construction.
Criteria used to determine whether FAA notification is required for a
particular antenna structure are contained in part 17 of this chapter.
Applications proposing construction of one or more new antenna
structures or alteration of the overall height of one or more existing
antenna structures, where FAA notification prior to such construction
or alteration is not required by part 17 of this chapter, must indicate
such and, unless the reason is obvious (e.g. structure height is less
than 6.10 meters AGL) must contain a statement explaining why FAA
notification is not required.
(b) Painting and lighting. The owner of each antenna structure
required to be painted and/or illuminated under the provisions of
Section 303(q) of the Communications Act of 1934, as amended, shall
operate and maintain the antenna structure painting and lighting in
accordance with part 17 of this chapter. In the event of default by the
owner, each licensee or permittee shall be individually responsible for
conforming to the requirements pertaining to antenna structure painting
and lighting.
(c) Antenna Structure Registration Number. Applications proposing
construction of one or more new antenna structures or alteration of the
overall height of one or more existing structures, where FAA
notification prior to such construction or alteration is required by
part 17 of this chapter, must include the FCC Antenna Structure
Registration Number(s) for the affected structure(s). If no such number
has been assigned at the time the application is filed, the applicant
must state in the application whether or not the antenna structure
owner has notified the FAA of the proposed construction or alteration
and applied to the FCC for an Antenna Structure Registration Number in
accordance with part 17 of this chapter for the antenna structure in
question.
38. Section 23.40 is removed and reserved.
VII.
PART 24--PERSONAL COMMUNICATIONS SERVICES
39. The authority citation for Part 24 continues to read as
follows:
Authority: 47 U.S.C. 154, 301, 302, 303, 309, and 332, unless
otherwise noted.
40. A new Sec. 24.55 is added to read as follows:
Sec. 24.55 Antenna structures; air navigation safety.
Licensees that own their antenna structures must not allow these
antenna structures to become a hazard to air navigation. In general,
antenna structure owners are responsible for registering antenna
structures with the FCC if required by part 17 of this chapter, and for
installing and maintaining any required marking and lighting. However,
in the event of default of this responsibility by an antenna structure
owner, each FCC permittee or licensee authorized to use an affected
antenna structure will be held responsible by the FCC for ensuring that
the antenna structure continues to meet the requirements of part 17 of
this chapter. See Sec. 17.6 of this chapter.
(a) Marking and lighting. Antenna structures must be marked,
lighted and maintained in accordance with part 17 of this chapter and
all applicable rules and requirements of the Federal Aviation
Administration.
(b) Maintenance contracts. Antenna structure owners (or licensees
and permittees, in the event of default by an antenna structure owner)
may enter into contracts with other entities to monitor and carry out
necessary maintenance of antenna structures. Antenna structure owners
(or licensees and permittees, in the event of default by an antenna
structure owner) that make such contractual arrangements continue to be
responsible for the maintenance of antenna structures in regard to air
navigation safety.
41. Section 24.416 is removed.
42. Section 24.816 is removed.
VIII.
PART 25--SATELLITE COMMUNICATIONS
43. The authority citation for Part 25 continues to read as
follows:
Authority: Secs. 25.101 to 25.601 issued under Sec. 4, 48 Stat.
1066, as amended; 47 U.S.C. 154. Interpret or apply secs. 101-104,
76 Stat. 419-427; 47 U.S.C. 701-744; 47 U.S.C. 554.
44. Section 25.113 is amended by revising paragraph (c),
redesignating paragraph (d) as paragraph (f), and adding new paragraphs
(d) and (e) to read as follows:
Sec. 25.113 Construction permits.
* * * * *
(c) FAA notification. Before the construction of new antenna
structures or alteration in the height of existing antenna structures
is authorized by the FCC, a Federal Aviation Administration (FAA)
determination of ``no hazard'' may be required. To apply for this
determination, the FAA must be notified of the planned construction.
Criteria used to determine whether FAA notification is required for a
particular antenna structure are contained in part 17 of this chapter.
Applications proposing construction of one or more new antenna
structures or alteration of the overall height of one or more existing
antenna structures, where FAA notification prior to such construction
or alteration is not required by part 17 of this chapter, must indicate
such and, unless the reason is obvious (e.g. structure height is less
than 6.10 meters AGL) must contain a statement explaining why FAA
notification is not required.
(d) Painting and lighting. The owner of each antenna structure
required to be painted and/or illuminated under the provisions of
Section 303(q) of the Communications Act of 1934, as amended, shall
operate and maintain the antenna structure painting and lighting in
accordance with part 17 of this chapter. In the event of default by the
owner, each licensee or permittee shall be individually responsible for
conforming to the requirements pertaining to antenna structure painting
and lighting.
(e) Antenna Structure Registration Number. Applications proposing
construction of one or more new antenna structures or alteration of the
overall height of one or more existing structures, where FAA
notification prior to such construction or alteration is required by
part 17 of this chapter, must
[[Page 4367]]
include the FCC Antenna Structure Registration Number(s) for the
affected structure(s). If no such number has been assigned at the time
the application is filed, the applicant must state in the application
whether or not the antenna structure owner has notified the FAA of the
proposed construction or alteration and applied to the FCC for an
Antenna Structure Registration Number in accordance with part 17 of
this chapter for the antenna structure in question.
* * * * *
45. Section 25.119 is amended by adding a new paragraph (c) to read
as follows:
Sec. 25.119 Application for special temporary authorization.
* * * * *
(c) Each application proposing construction of one or more earth
station antennas or alteration of the overall height of one or more
existing earth station antenna structures, where FAA notification prior
to such construction or alteration is required by part 17 of this
chapter, must include the FCC Antenna Structure Registration Number(s)
for the affected satellite earth station antenna(s). If no such number
has been assigned at the time the application(s) is filed, the
applicant must state in the application whether the satellite earth
station antenna owner has notified the FAA of the proposed construction
or alteration and applied to the FCC for an Antenna Structure
Registration Number in accordance with part 17 of this chapter.
Applications proposing construction of one or more earth station
antennas or alteration of the overall height of one or more existing
earth station antennas, where FAA notification prior to such
construction or alteration is not required by part 17 of this chapter,
must indicate such and, unless the satellite earth station antenna is
6.10 meters or less above ground level (AGL), must contain a statement
explaining why FAA notification is not required.
46. Section 25.130 is amended by adding a new paragraph (e) to read
as follows:
Sec. 25.130 Filing requirements for transmitting earth stations.
* * * * *
(e) Each application proposing construction of one or more earth
station antennas or alteration of the overall height of one or more
existing earth station antennas, where FAA notification prior to such
construction or alteration is required by part 17 of this chapter, must
include the FCC Antenna Structure Registration Number(s) for the
affected satellite earth station antenna(s). If no such number has been
assigned at the time the application(s) is filed, the applicant must
state in the application whether the satellite earth station antenna
owner has notified the FAA of the proposed construction or alteration
and applied to the FCC for an antenna Structure Registration Number in
accordance with part 17 of this chapter. Applications proposing
construction of one or more earth station antennas or alteration of the
overall height of one or more existing earth station antennas, where
FAA notification prior to such construction or notification or
alteration is not required by part 17 of this chapter, must indicate
such and, unless the satellite earth station antenna is 6.10 meters or
less above ground level (AGL), must contain a statement explaining why
FAA notification is not required.
47. Section 25.300 is amended by adding paragraph (h) to read as
follows:
Sec. 25.300 Developmental operation.
* * * * *
(h) Each application for developmental operation proposing
construction of one or more earth station antennas or alteration of the
overall height of one or more existing earth station antennas, where
FAA notification prior to such construction or alteration is required
by part 17 of this chapter, must include the FCC Antenna Structure
Registration Number(s) for the affected satellite earth station
antenna(s). If no such number has been assigned at the time the
application is filed, the applicant must state in the application
whether the satellite earth station antenna owner has notified the FAA
of the proposed construction or alteration and applied to the FCC for
an Antenna Structure Registration Number in accordance with part 17 of
this chapter. Applications proposing construction of one or more earth
station antennas or alteration of the overall height of none or more
existing earth station antennas, where FAA notification prior to such
construction or notification or alteration is not required by part 17
of this chapter, must indicate such and, unless the satellite earth
station antenna is 6.10 meters or less above ground level (AGL), must
contain a statement explaining why FAA notification is not required.
* * * * *
IX.
PART 73--RADIO BROADCAST SERVICES
48. The authority citation for Part 73 continues to read as
follows:
Authority: 47 U.S.C. 154, 303, 334.
49. Section 73.1213 is revised to read as follows:
Sec. 73.1213 Antenna structure, marking and lighting.
(a) The provisions of part 17 of this chapter (Construction,
Marking, and Lighting of Antenna Structures), requires certain antenna
structures to be painted and/or lighted in accordance with part 17.
(b) The owner of each antenna structure is responsible for ensuring
that the structure, if required, is painted and/or illuminated in
accordance with part 17 of this chapter. In the event of default by the
owner, each licensee or permittee shall be responsible for ensuring
that the structure complies with applicable painting and lighting
requirements.
50. Section 73.1690 is amended by revising paragraph (b)(1) to read
as follows:
Sec. 73.1690 Modification of transmission systems.
* * * * *
(b) * * *
(1) Any change in the location, or directional radiation
characteristics of a directional antenna system. (See Sec. 73.45 and
Sec. 73.150, AM; Sec. 73.316, FM; or Sec. 73.685, TV.)
* * * * *
51. Section 73.3533 is amended by adding a new paragraph (c) to
read as follows:
Sec. 73.3533 Application for construction permit or modification of
construction permit.
* * * * *
(c) In each application referred to in paragraph (a) of this
section, the applicant will provide the Antenna Structure Registration
Number (FCC Form 854R) of the antenna structure upon which it will
locate its proposed antenna. In the event the antenna structure does
not already have a Registration Number, either the antenna structure
owner shall file FCC Form 854 (``Application for Antenna Structure
Registration'') in accordance with part 17 of this chapter or the
applicant shall provide a detailed explanation why registration and
clearance of the antenna structure is not necessary.
X.
PART 74--EXPERIMENTAL, AUXILIARY, AND SPECIAL BROADCAST AND OTHER
PROGRAM DISTRIBUTIONAL SERVICES
52. The authority citation for Part 74 continues to read as
follows:
[[Page 4368]]
Authority: Secs. 4, 303, 48 Stat. 1066, as amended, 1082, as
amended; 47 U.S.C. 154, 303, 554.
53. Section 74.22 is revised to read as follows:
Sec. 74.22 Use of common antenna structure.
The simultaneous use of a common antenna structure by more than one
station authorized under this part, or by one or more stations of any
other service may be authorized. The owner of each antenna structure is
responsible for ensuring that the structure, if required, is painted
and/or illuminated in accordance with part 17 of this chapter. In the
event of default by the owner, each licensee or permittee shall be
responsible for ensuring that the structure complies with applicable
painting and lighting requirements.
54. Section 74.551 is amended by adding a new paragraph (c) to read
as follows:
Sec. 74.551 Equipment changes.
* * * * *
(c) Any application proposing a change in the height of the antenna
structure or its location must also include the Antenna Structure
Registration Number (FCC Form 854R) of the antenna structure upon which
it will locate its proposed antenna. In the event the antenna structure
does not have a Registration Number, either the antenna structure owner
shall file FCC Form 854 (``Application for Antenna Structure
Registration'') in accordance with part 17 of this chapter or the
applicant shall provide a detailed explanation why registration and
clearance are not necessary.
55. Section 74.651 is amended by adding a new paragraph (d) to read
as follows:
Sec. 74.651 Equipment changes.
* * * * *
(d) Any application proposing a change in the height of the antenna
or its location must also include the Antenna Structure Registration
Number (FCC Form 854R) of the antenna structure upon which it will
locate its proposed antenna. In the event the antenna structure does
not have a Registration Number, either the antenna structure owner
shall file FCC Form 854 (``Application for Antenna Structure
Registration'') in accordance with part 17 of this chapter or the
applicant shall provide a detailed explanation why registration and
clearance are not necessary.
56. Section 74.1251 is amended by adding a new paragraph (d) to
read as follows:
Sec. 74.1251 Technical and equipment modifications.
* * * * *
(d) Any application proposing a change in the height of the antenna
structure or its location must also include the Antenna Structure
Registration Number (FCC Form 854R) of the antenna structure upon which
it proposes to locate its antenna. In the event the antenna structure
does not have a Registration Number, either the antenna structure owner
shall file FCC Form 854 (``Application for Antenna Structure
Registration'') in accordance with part 17 of this chapter or the
applicant shall provide a detailed explanation why registration and
clearance are not required.
XII.
PART 78--CABLE TELEVISION RELAY SERVICE
57. The authority citation for Part 78 continues to read as
follows:
Authority: Secs. 2, 3, 4, 301, 303, 307, 308, 309, 48 Stat., as
amended, 1064, 1065, 1066, 1081, 1082, 1084, 1085; 47 U.S.C. 152,
153, 154, 301, 303, 307, 308, 309.
58. Section 78.63 is revised to read as follows:
Sec. 78.63 Antenna structure marking and lighting.
The owner of each antenna structure is responsible for ensuring
that the structure, if required, is painted and/or illuminated in
accordance with part 17 of this chapter. In the event of default by the
owner, each licensee shall be responsible for ensuring that the
structure complies with applicable painting and lighting requirements.
59. Section 78.109 is amended by removing paragraph (a)(3),
redesignating paragraphs (a)(4), (a)(5), (a)(6), (a)(7), and (a)(8) as
(a)(3), (a)(4), (a)(5), (a)(6), and (a)(7) respectively, and adding a
new paragraph (c) to read as follows:
Sec. 78.109 Equipment changes.
* * * * *
(c) Any application proposing a change in the height of the antenna
structure or its location shall include the Antenna Structure
Registration Number (FCC Form 854R) of the structure upon which it
proposes to locate its antenna. In the event the antenna structure does
not have a Registration Number, the owner of the antenna structure
shall file an FCC Form 854 (``Application for Antenna Structure
Registration'') in accordance with part 17 of this chapter or the
applicant shall provide a detailed explanation as to why registration
and clearance are not required.
XII.
PART 80--STATIONS IN THE MARITIME SERVICES
60. The authority citation for Part 80 continues to read as
follows:
Authority: Secs. 4, 303, 48 Stat. 1066, 1082, as amended; 47
U.S.C. 154, 303, unless otherwise noted. Interpret or apply 48 Stat.
1064-1068, 1081-1105, as amended; 47 U.S.C. 151-155, 301-609; 3 UST
3450, 3 UST 4726, 12 UST 2377.
61. Section 80.110 is revised to read as follows:
Sec. 80.110 Inspection and maintenance of antenna structure markings
and associated control equipment.
The owner of each antenna structure required to be painted and/or
illuminated under the provisions of Section 303(q) of the
Communications Act of 1934, as amended, shall operate and maintain the
antenna structure painting and lighting in accordance with part 17 of
this chapter. In the event of default by the owner, each licensee or
permittee shall be individually responsible for conforming to the
requirements pertaining to antenna structure painting and lighting.
XIII.
PART 87--AVIATION SERVICES
62. The authority citation for Part 87 continues to read as
follows:
Authority: 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154, 303,
unless otherwise noted. Interpret or apply 48 Stat. 1064-1068, 1081-
1105, as amended; 47 U.S.C. 151-156, 301-609.
63. Section 87.75 is revised to read as follows:
Sec. 87.75 Maintenance of antenna structure marking and control
equipment.
The owner of each antenna structure required to be painted and/or
illuminated under the provisions of Section 303(q) of the
Communications Act of 1934, as amended, shall operate and maintain the
antenna structure painting and lighting in accordance with part 17 of
this chapter. In the event of default by the owner, each licensee or
permittee shall be individually responsible for conforming to the
requirements pertaining to antenna structure painting and lighting.
XIV.
PART 90--PRIVATE LAND MOBILE RADIO SERVICES
64. The authority citation for Part 90 continues to read as
follows:
[[Page 4369]]
Authority: Sections 4, 303, and 332, 48 Stat. 1066, 1082, as
amended; 47 U.S.C. 154, 303, and 332, unless otherwise noted.
65. Section 90.441 is revised to read as follows:
Sec. 90.441 Inspection and maintenance of antenna structure marking
and associated control equipment.
The owner of each antenna structure required to be painted and/or
illuminated under the provisions of Section 303(q) of the
Communications Act of 1934, as amended, shall operate and maintain the
antenna structure painting and lighting in accordance with part 17 of
this chapter. In the event of default by the owner, each licensee or
permittee shall be individually responsible for conforming to the
requirements pertaining to antenna structure painting and lighting.
66. Section 90.443 is amended by removing paragraph (c) and
redesignating paragraphs (d) and (e) as paragraphs (c) and (d),
respectively.
XV.
PART 94--PRIVATE OPERATIONAL-FIXED MICROWAVE SERVICE
67. The authority citation for Part 94 continues to read as
follows:
Authority: Secs. 4, 303, 48 Stat. 1066, 1082, as amended; 47
U.S.C. 154, 303 and 332, unless otherwise noted.
68. Section 94.111 is amended by revising the section heading and
introductory paragraph to read as follows:
Sec. 94.111 Inspection and maintenance of antenna structure marking
and associated control equipment.
The owner of each antenna structure required to be painted and/or
illuminated under the provisions of Section 303(q) of the
Communications Act of 1934, as amended, shall operate and maintain the
antenna structure painting and lighting in accordance with part 17 of
this chapter. In the event of default by the owner, each licensee or
permittee shall be individually responsible for conforming to the
requirements pertaining to antenna structure painting and lighting.
* * * * *
69. Section 94.113 is removed.
XVI.
PART 95--PERSONAL RADIO SERVICES
70. The authority citation for Part 95 continues to read as
follows:
Authority: Secs. 4, 303, 48 Stat., as amended, 1066, 1082; 47
U.S.C 154, 303, unless otherwise noted.
71. Section 95.83 is amended by adding a new paragraph (a)(3) to
read as follows:
Sec. 95.83 Additional information for stations with antennas higher
than normally allowed.
(a) * * *
(3) Register the structure by submitting FCC Form 854. The
requirements for antenna structure registration, painting, and lighting
are found in part 17 of this chapter.
* * * * *
XVII.
PART 97--AMATEUR RADIO SERVICE
72. The authority citation for Part 97 continues to read as
follows:
Authority: 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154, 303.
Interpret or apply 48 Stat. 1064-1068, 1081-1105, as amended; 47
U.S.C. 151-155, 201-609, unless otherwise noted.
73. Section 97.15 is amended by revising paragraph (d) to read as
follows:
Sec. 97.15 Station antenna structures.
* * * * *
(d) Further details as to whether an aeronautical study is required
or if the structure must be registered, painted, or lighted are
contained in part 17 of this chapter, Construction, Marking, and
Lighting of Antenna Structures. To request approval to place an antenna
structure higher than the limits specified in paragraphs (a), (b), and
(c) of this section, the licensee must notify the FAA using FAA Form
7460-1 and the structure owner must register the structure using FCC
Form 854.
* * * * *
[FR Doc. 96-1975 Filed 2-5-96; 8:45 am]
BILLING CODE 6712-01-P
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