issue-1996-03-01•Federal Register final rules — 1996-03-01
Federal Register final rules — 1996-03-01
issue-1996-03-01Federal Register final rules — 1996-03-01Regulation
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FR Doc. 96-4861 State Grants Program for Technology-Related Assistance for Individuals With Disabilities
[Federal Register Volume 61, Number 42 (Friday, March 1, 1996)]
[Rules and Regulations]
[Pages 8158-8172]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4861]
[[Page 8157]]
_______________________________________________________________________
Part IV
Department of Education
_______________________________________________________________________
34 CFR Part 345
_______________________________________________________________________
State Grants Program for Technology-Related Assistance for Individuals
With Disabilities; Final Rule
Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Rules
and Regulations
[[Page 8158]]
DEPARTMENT OF EDUCATION
34 CFR Part 345
RIN 1820-AB28
State Grants Program for Technology-Related Assistance for
Individuals With Disabilities
AGENCY: Department of Education.
ACTION: Final regulations.
-----------------------------------------------------------------------
SUMMARY: The Secretary issues these final regulations for the State
Grants Program for Technology-Related Assistance for Individuals with
Disabilities. This program provides grants to States to support systems
change and advocacy activities designed to assist States in developing
and implementing consumer-responsive comprehensive Statewide programs
of technology-related assistance. These regulations are needed to
implement the Technology-Related Assistance for Individuals with
Disabilities Act Amendments of 1994. The final regulations incorporate
statutory requirements and provide rules for applying for and spending
Federal funds under this program.
EFFECTIVE DATES: These regulations take effect April 1, 1996.
Compliance with Secs. 345.30, 345.31, 345.42, 345.50, 345.53, and
345.55 is not required until the information collection requirements in
those sections have been approved by the Office of Management and
Budget (OMB).
FOR FURTHER INFORMATION CONTACT: Carol G. Cohen. Telephone: (202) 205-
5666. Individuals who use a telecommunications device for the deaf
(TDD) may call the Federal Information Relay Service (FIRS) at 1-800-
877-8339 between 8 a.m. and 5 p.m., Eastern time, Monday through
Friday.
SUPPLEMENTARY INFORMATION: These proposed regulations would implement
Title I of the Technology-Related Assistance for Individuals with
Disabilities Act of 1988 (the Act), as amended by the Technology-
Related Assistance for Individuals with Disabilities Act Amendments of
1994 (1994 Amendments) (Pub. L. 103-218, enacted March 9, 1994). Title
I of the Act establishes the State Grants Program for Technology-
Related Assistance for Individuals with Disabilities. This program
provides grants to States to support systems change and advocacy
activities designed to assist States in developing and implementing
consumer-responsive comprehensive Statewide programs of technology-
related assistance.
On August 9, 1995, the Secretary published a notice of proposed
rulemaking for this program in the Federal Register (60 FR 40688). The
preamble to the notice of proposed rulemaking (60 FR 40688 - 40690)
included a summary and discussion of the 1994 Amendments and other
major issues that were addressed in the proposed regulations.
Analysis of Comments and Changes
In response to the Secretary's invitation in the notice of proposed
rulemaking, 5 parties submitted comments on the proposed regulations,
including one letter that represented the comments of 28 parties. An
analysis of the comments and of the changes in the regulations since
publication of the notice of proposed rulemaking follows.
Major issues are grouped according to subject, with appropriate
sections of the regulations referenced in parentheses. Technical and
other minor changes are not addressed.
Purposes of the Program (Sec. 345.2)
Comments: Commenters stated that the proposed Sec. 345.2 omitted
two purposes pertaining to Federal policy as contained in sections 2(b)
(2) and (3) of the Act. The commenters recommended that the Secretary
include all purposes of the Act.
Discussion: The Secretary listed in the proposed regulations only
those purposes in section 2(b)(1) of the Act because section 102(e)(7)
of the Act specifically requires States to make an assurance that it
will carry out activities to meet the purposes in section 2(b)(1). The
Secretary did not intend to imply that sections 2(b) (2) and (3) were
not important purposes of the Act. The Secretary believes that the
purposes in sections 2(b) (2) and (3) authorize, but do not require,
grantees to carry out activities to accomplish these purposes.
Therefore, the Secretary believes that a reference to these purposes in
the regulatory provision that lists allowable program activities is
necessary.
Changes: The Secretary adds the purposes in sections 2(b)(2) and
(3) of the Act to Sec. 345.2. In addition, the Secretary adds paragraph
(4) to Sec. 345.20(b) to reflect that States may carry out activities
that accomplish the purposes in sections 2(b)(2) and (3). All cross-
references have been amended to reflect these changes.
Increases in Extension Grants (Sec. 345.3)
Comments: One commenter urged the Secretary to add the statutory
language ``with a wide geographic spread'' in Sec. 345.3 to clarify
which States are sparsely populated.
Discussion: The language ``sparsely populated, with a wide
geographic spread'' comes directly from the Act in section
103(c)(1)(D)(ii). The Secretary believes that adding the additional
statutory language ``with a wide geographic spread'' will help to
clarify ``sparsely populated''.
Changes: The Secretary has added the statutory language ``with a
wide geographic spread'' as stated in section 103(c)(1)(D)(ii) of the
Act.
Public Agencies and Lead Agencies (Sec. 345.4, 345.5)
Comments: One letter requested a clarification of what constitutes
a public agency. The commenter also asked whether a State must
designate both a responsible public agency and a lead agency.
Discussion: The regulations already refer to the definition of
``public'' in 34 CFR 77.1. The Secretary believes this definition is
sufficient guidance regarding what constitutes a public agency. The Act
does not require the lead agency also to be a public agency, but does
require that money received from this program must flow through a
public agency. Although a structure that uses two agencies could result
in additional administrative complexity, the Act permits this type of
arrangement which the Secretary is not authorized to change.
Changes: None.
University-Affiliated Program (Sec. 345.6)
Comments: Commenters thought it would be helpful if the Secretary
included in the regulations a notation that a university-affiliated
program is generally also a public agency.
Discussion: The Secretary does not believe it is necessary to add
the language that the commenters suggested. The Secretary believes it
could be confusing to add the word ``generally'' rather than giving a
specific rule. Also, the regulations already refer to the definition of
public in 34 CFR 77.1, which the Secretary believes is sufficient
guidance about whether a university-affiliated program constitutes a
public agency. Furthermore, the Developmental Disabilities Assistance
and Bill of Rights Act (Developmental Disabilities Assistance Act)
specifies that university-affiliated programs are public agencies if
they are associated with a public entity.
Changes: None.
Allowable Expenses (Sec. 345.20(d))
Comments: One commenter stated that the term ``in financial need''
used in Sec. 345.20(d) needs clarification. The commenter stated that
many definitions
[[Page 8159]]
would include only individuals receiving some State or Federal
assistance and would exclude many individuals who might otherwise be
unable to participate in the program activities. The commenter also
stated that the term ``eligible'' needed clarification.
Commenters also urged the Secretary to add to the list of examples
of allowable expenses items such as child care, respite care, drivers,
and other supportive services.
Discussion: In implementing this program, the Secretary has
attempted to give States and subrecipients the most flexibility and
autonomy possible while adhering to the purposes of the statute. The
Secretary believes that the State should make determinations regarding
financial need and which individuals to support. The Secretary believes
this matter is best determined on a case-by-case basis and that a
single regulatory rule would not meet all States' concerns. Also,
``eligible'' was used only in the preamble to the notice of proposed
rulemaking and not in the proposed regulations. As used in the preamble
to the notice of proposed rulemaking, ``eligible'' referred to those
participants that the State determined could participate in the
program.
Moreover, the regulations allow a State to include the suggested
additional examples as allowable expenses. The Secretary believes that
each State should have the flexibility to make its own determination
about what expenses may be necessary to ensure access to the
comprehensive statewide program.
Changes: None.
Development Grant Application Content (Sec. 345.30(b)(12)(i))
Comments: Commenters expressed their belief that the conjunction
between the Developmental Disabilities Assistance Act, the Protection
and Advocacy for Mentally Ill Individuals Act, and section 509 of the
Rehabilitation Act of 1973 should be an ``or'' rather than an ``and''.
The commenters stated that the ``and'' implies that a State must
contract with an entity that provides all three of these programs and
that in some States multiple entities provide these three programs.
Discussion: The conjunction connecting these three programs is
correct because it reflects the language of the Act. Awards under each
of these programs are made to the protection and advocacy system
designated for each State. Under the Developmental Disabilities
Assistance Act, there is only one designated protection and advocacy
system for each State.
Changes: None.
Contracting To Provide Protection and Advocacy Services
(Sec. 345.30(b)(12)(ii))
Comments: Commenters advised the Secretary that they believed the
regulations omitted a section of the Act that allows States to continue
to contract with an entity that is capable of performing the functions
that would otherwise be performed by the protection and advocacy
services providers.
Discussion: The Secretary provides for that statutory option in
Sec. 345.55(a)(i). The Secretary recognizes that the proposed
regulations did not refer to that statutory option in the regulatory
provisions regarding the content of an application for a development
grant. The Secretary believes it would be useful and helpful to users
of the regulations to refer to this option in discussing application
content.
Changes: In Sec. 345.30(b)(12)(i), the Secretary has added a
reference to the provision regarding the statutory option.
Indirect Costs (Sec. 345.30(b)(14))
Comments: Commenters stated that the Secretary should provide more
guidance regarding the implementation of the 10 percent cap on indirect
costs. The commenters requested more guidance on whether the 10 percent
cap on indirect costs applies to the lead agency, the lead agency's
subcontractors, or a combination of both. Another commenter, who is a
subcontractor under this program, stated that it had negotiated an
agreement, in the capacity as a lead agency, with another U.S. agency
to allocate 12.6 percent of its grants to indirect costs. Therefore,
the commenter suggested that the final regulations should allow
indirect costs for subcontractors to be limited to an approved indirect
cost rate, rather than left up to the lead agency to determine.
Discussion: As clearly explained in the preamble to the notice of
proposed rulemaking, the amount of indirect costs may not exceed 10
percent of the total amount of the grant as stated in section
102(e)(22) of the Act. Also in the preamble, on page 40689, the
Secretary states that the indirect cost rate must be negotiated by the
State and the subcontractor or subgrantee. The clarifying language used
in the preamble is confusing because there is no authority requiring a
State to negotiate an indirect cost rate with a subcontractor or
subgrantee; rather, the Secretary strongly encourages States to
negotiate indirect cost rates. The Secretary declines to regulate on
this issue because the Act leaves how to apportion the indirect cost
rate to the discretion of States and the Secretary supports giving
States the flexibility to negotiate these rates.
Changes: None.
Compliance With Section 508 of the Rehabilitation Act of 1973
(Sec. 345.31(d))
Comments: Commenters expressed the belief that, because the
Secretary's interpretation of section 508 of the Rehabilitation Act of
1973 (section 508) was broad, the interpretation needed to be clarified
in the regulations. These commenters also pointed out that the language
in the preamble summarizing this section was overly inclusive because
it stated that section 508 would apply to ``all offices, agencies, and
entities in a State.'' Furthermore, commenters stated that the
Secretary needs to clarify what entities are included as a part of
``the State'' for the purposes of the assurance that the State will
comply with guidelines established under section 508.
Discussion: Based on the language in the Act and section 508, the
Secretary believes that the requirements of section 508 apply broadly.
In the proposed regulations, the Secretary intended to reflect that
section 508 applies to the State (including any State offices,
agencies, and entities) and all recipients and subrecipients of funds
made available to the State under the Act. The Secretary believes it is
unnecessary to regulate what entities are encompassed in the term ``the
State'' because each State should determine which of its entities are
considered part of the State. In addition, the Secretary believes that
a State needs only to submit an assurance regarding compliance with
section 508. The Secretary believes that a State should determine how
it will ensure that its subrecipients comply with section 508.
Changes: Because the language in the preamble and Sec. 345.31(d)
was unclear, the Secretary has modified the language to include a
reference to any subrecipients. This addition clarifies that all State
offices, agencies, and entities are required to comply with section
508.
Reporting Requirement (Sec. 345.50(b))
Comments: Commenters expressed concern that requiring States to
make reports readily available to the public at no extra cost could be
burdensome if States may not charge for reasonable duplication and
handling costs.
Discussion: This section of the regulations does not allow a State
to charge for duplication or handling costs, however, the provision
does not require a State to make copies and send them
[[Page 8160]]
out to individuals who request the report. The Secretary believes a
State could make a report readily available to the public through a
variety of means such as putting the report in a location to which the
public has access, a library for example, or making the report
available electronically. In making a report available to the public, a
State should ensure the public's access to the report and realize that
using only one method of making a report available may not be
sufficient.
Changes: None.
Minimum Amount for Protection and Advocacy Services (Sec. 345.55)
Comments: Commenters questioned the reliance on the size of a
State's grant in determining the minimum amount that a State must
expend on protection and advocacy services.
Another commenter stated that the language regarding the minimum
funding amounts to be received by the State protection and advocacy
systems was confusing. The commenter suggested that the Secretary add
the statement in the preamble that there is no statutory limit or
ceiling on the amount a State may expend on protection and advocacy
services.
Discussion: The Secretary does not rely solely on the size of the
State's grant in determining the minimum amount a State must spend on
protection and advocacy activities. As required by the Act, the
Secretary also considers other factors in determining the minimum
protection and advocacy amount. These factors include the needs of
individuals with disabilities within the State, the population of the
State, and the geographic size of the State. Because the Secretary
takes the population into account in determining the State's grant, the
Secretary believes it is appropriate to base the protection and
advocacy minimum primarily on the size of the State's.
The Secretary agrees that the language regarding the minimum
funding amounts to be received by the State protection and advocacy
systems may be confusing. The Secretary has clarified the language to
specify that a minimum amount is established for each State and the
minimum amount may range from $40,000 to $100,000. However, the
Secretary does not believe it is necessary to include in the
regulations the explanatory language used in the preamble. The preamble
and regulations clearly explain that each State may have a different
minimum amount and that there is no maximum amount. Additional
regulations on this issue are unnecessary.
Changes: In Sec. 345.55(e)(2)(ii), the Secretary has clarified the
language regarding the minimum amount.
State Redesignation of Protection and Advocacy Service Providers
(Sec. 345.63)
Comments: One commenter suggested that the Secretary specify the
hearing and posthearing procedures for cases that reach the Secretary
or incorporate the procedures that address redesignation under the
Developmental Disabilities Assistance Act. The commenter also suggested
that the Secretary require the type of notice and specific timelines
for giving individuals with disabilities and their representatives
timely notice and an opportunity for public comment.
In addition, the commenter made some suggestions regarding how to
give notification in an accessible format. The commenter suggested that
individuals be able to offer verbal or written comments in addition to
any public meetings.
Lastly, the commenter noted that the standard to meet the
protection and advocacy service needs in Sec. 345.63(a) is too high
because of limited available resources. The commenter suggested that
the Secretary require that an entity providing services may be changed
only if the protection and advocacy entity does not set priorities,
goals, and objectives in consultation with consumers and work toward
achieving those priorities, goals, and objectives.
Discussion: The Secretary believes using ``redesignate'' in this
context is confusing because of the particular meaning of
``redesignate'' in the Developmental Disabilities Assistance Act. The
procedures outlined in Sec. 345.63 apply only to situations in which
the State determines that the entity providing protection and advocacy
services under the Act has not met the protection and advocacy service
needs of the individuals with disabilities and their family members,
guardians, advocates, or authorized representatives under the Act. This
process is not to be confused with the redesignation of a protection
and advocacy agency when the entire agency is in jeopardy. If a
protection and advocacy agency is being redesignated, then the
procedures in the Developmental Disabilities Assistance Act will
govern.
The Secretary believes it is unnecessary to regulate the amount of
time and the format for giving notice and opportunity for public
comment. Section 345.30(b)(9) requires States to assure that they will
make available to individuals with disabilities and their family
members information concerning technology-related assistance in a form
that will allow individuals to effectively use the information. The
Secretary believes that States are capable of making determinations
regarding how to make information available and how to give notice and
to accept comments. Therefore, the Secretary gives States flexibility
to set their own procedures.
The Secretary disagrees with the commenter's belief that the
standard in Sec. 345.63(a) is too high given a limited amount of
resources. Before a protection and advocacy services provider may be
changed, the regulations require that there must be good cause to
provide the protection and advocacy services for the State through a
contract with a second entity. If the only reason a protection and
advocacy entity cannot meet the needs is because of limited resources,
other protection and advocacy entities will face the same difficulties.
If the State chooses to change a protection and advocacy services
provider under the Act, it may not change the provider simply because
the protection and advocacy entity does not have enough resources to
meet all the protection and advocacy services needs; the State must
also find another provider that it believes can better meet the needs.
The Secretary believes that the State and the protection and
advocacy services provider should work together to define an acceptable
and reasonable scope of work based on the amount of resources
available. Ideally the State and the protection and advocacy services
provider would negotiate to agree on deliverable services and expected
outcomes.
Changes: The Secretary changes the title of Sec. 345.63 so that
changing a protection and advocacy service provider under the Act is
not confused with redesignating a protection and advocacy entity.
Technical Assistance
Comments: Commenters pointed out that, on page 40689 of the
preamble, the Secretary made reference to providing information and
technical assistance to participating States, as well as to individuals
with disabilities, but that there was no mention of the provision of
technical assistance in the regulations.
Discussion: The provision of technical assistance is an activity
performed by the Secretary and, thus, is not required to be in
regulations. As a general Department policy, regulations are for
grantees' use and compliance and not for the purpose of regulating the
Department.
Changes: None.
[[Page 8161]]
Performance Guidelines
Comments: Commenters noted that the language regarding performance
guidelines on pages 40689-40690 of the preamble was not in the
regulations and existed only in the preamble. The commenters suggested
that the Secretary clarify the language. They also suggested that the
guidelines should be distributed well in advance of progress report and
application deadlines to allow States to collect needed information and
to understand what is expected of them.
Discussion: The Department is currently developing the performance
guidelines with input from the States. Once the performance guidelines
are finalized the Secretary will make them available to the States.
Under a new Department policy regarding non-competing continuation
grants, the Department will not require submissions of project
performance reports until seven months after the beginning of a project
period at the earliest. Thus, the guidelines will be available well in
advance of any reporting deadlines. The Secretary expects the
performance guidelines to remain the same for the entire authorization
of the program. Therefore, grantees may use the same guidelines every
year and will know exactly what is expected of them.
Because these guidelines are not binding, the Secretary will not
publish the guidelines in the regulations.
Changes: None.
Recycling Devices
Comments: Commenters suggested that in order for the Secretary to
administer the recycling of assistive technology devices as discussed
on page 40690 of the preamble, he would need to formally encourage
individuals and provide information regarding who to call to facilitate
recycling.
Discussion: The Secretary only recommends recycling and cannot
mandate recycling because it is allowable, not mandatory, under the
Act. The Secretary is gathering information about recycling devices and
will provide that information once the Department completes the
project.
Changes: None.
Access to Records
Comments: One commenter suggested that the Secretary add
requirements similar to the Developmental Disabilities Assistance Act
allowing access to client records.
Discussion: The Act does not authorize the Secretary to include
provisions regarding access to client records. To the extent the
Developmental Disabilities Assistance Act governs a protection and
advocacy system, those right of access provisions would apply.
Changes: None.
Executive Order 12866
These final regulations have been reviewed in accordance with
Executive Order 12866. Under the terms of the order the Secretary has
assessed the potential costs and benefits of this regulatory action.
The potential costs associated with the final regulations are those
resulting from statutory requirements and those determined by the
Secretary to be necessary for administering this program effectively
and efficiently.
In assessing the potential costs and benefits--both quantitative
and qualitative--of these regulations, the Secretary has determined
that the benefits of the regulations justify the costs.
Summary of Potential Costs and Benefits
The potential costs and benefits of these final regulations are
discussed elsewhere in this preamble under the following heading:
Analysis of Comments and Changes.
Paperwork Reduction Act of 1995
Sections 345.30, 345.31, 345.42, 345.50, 345.53, and 345.55 contain
information collection requirements. As required by the Paperwork
Reduction Act of 1995 (44 U.S.C. 3507(d)), the Department of Education
has submitted a copy of these sections to the OMB for its review.
Collection of Information: State Grants Program for Technology-
Related Assistance for Individuals with Disabilities.
States are eligible to apply for grants under these regulations.
The Department needs and uses the information to make grants and to
evaluate a recipient's performance. Annual public reporting burden for
this collection of information is estimated to be 30 hours per response
for 56 respondents, including the time for reviewing instructions,
searching existing data sources, gathering and maintaining the data
needed, and completing and reviewing the collection of information.
Thus, the total annual reporting and recordkeeping burden for this
collection is estimated to be 1,680 hours.
Intergovernmental Review
This program is subject to the requirements of Executive Order
12372 and the regulations in 34 Part 79. The objective of the Executive
order is to foster an intergovernmental partnership and a strengthened
federalism by relying on processes developed by State and local
governments for coordination and review of proposed Federal financial
assistance.
In accordance with the order, this document is intended to provide
early notification of the Department's specific plans and actions for
this program.
Assessment of Educational Impact
Based on the response to the proposed regulations and on its own
review, the Department has determined that the regulations in this
document do not require transmission of information that is being
gathered by or is available from any other agency or authority of the
United States.
List of Subjects in 34 CFR Part 345
Disabled, Education, Grant program-education, Handicapped,
Reporting and recordkeeping requirements, Science and technology.
Dated: January 16, 1996.
Howard R. Moses,
Acting Assistant Secretary for Special Education and Rehabilitative
Services.
(Catalog of Federal Domestic Assistance Number 84.224--State Grants
Program for Technology-Related Assistance for Individuals with
Disabilities)
The Secretary amends Title 34 of the Code of Federal Regulations by
revising Part 345 to read as follows:
PART 345--STATE GRANTS PROGRAM FOR TECHNOLOGY-RELATED ASSISTANCE
FOR INDIVIDUALS WITH DISABILITIES
Subpart A--General
Sec.
345.1 What is the State Grants Program for Technology-Related
Assistance for Individuals with Disabilities?
345.2 What are the purposes of the State grants program for
technology-related assistance for individuals with disabilities?
345.3 What are the types of awards under this program?
345.4 Who is eligible to receive a development grant?
345.5 What are the responsibilities of the lead agency or public
agency in applying for and in administering a development grant?
345.6 How does a State designate the lead agency?
345.7 Who is eligible to receive an extension grant?
345.8 What are the responsibilities of the lead agency in applying
for and in administering an extension grant?
345.9 What regulations apply to this program?
[[Page 8162]]
345.10 What definitions apply to this program?
Subpart B--What Kinds of Activities Does the Department Support?
345.20 What types of activities are authorized under this program?
Subpart C--How Does a State Apply for a Grant?
345.30 What is the content of an application for a development
grant?
345.31 What is the content of an application for an extension
grant?
Subpart D--How Does the Secretary Make a Grant?
345.40 How does the Secretary evaluate an application for a
development grant under this program?
345.41 What other factors does the Secretary take into
consideration in making development grant awards under this program?
345.42 What is the review process for an application for an
extension grant?
345.43 What priorities does the Secretary establish?
Subpart E--What Conditions Must Be Met After an Award?
345.50 What are the reporting requirements for the recipients of
development and extension grants?
345.51 When is a State making significant progress?
345.52 Who retains title to devices provided under this program?
345.53 What are the requirements for grantee participation in the
Secretary's progress assessments?
345.54 How may grant funds be used under this program?
345.55 What are the responsibilities of a State in carrying out
protection and advocacy services?
Subpart F--What Compliance Procedures May the Secretary Use?
345.60 Who is subject to a corrective action plan?
345.61 What penalties may the Secretary impose on a grantee that is
subject to corrective action?
345.62 How does a State redesignate the lead agency when it is
subject to corrective action?
345.63 How does a State change the entity responsible for providing
protection and advocacy services?
Authority: 29 U.S.C. 2201-2217, unless otherwise noted.
PART 345--STATE GRANTS PROGRAM FOR TECHNOLOGY-RELATED ASSISTANCE
FOR INDIVIDUALS WITH DISABILITIES
Subpart A--General
Sec. 345.1 What is the State Grants Program for Technology-Related
Assistance for Individuals with Disabilities?
This program provides grants to States to support systems change
and advocacy activities designed to assist States in developing and
implementing consumer-responsive comprehensive Statewide programs of
technology-related assistance that accomplish the purposes in
Sec. 345.2.
(Authority: 29 U.S.C. 2211(a); Section 101(a) of the Act)
Sec. 345.2 What are the purposes of the State grants program for
technology-related assistance for individuals with disabilities?
The purposes of this program are to provide financial assistance to
States to support systems change and advocacy activities designed to
assist each State in developing and implementing a consumer-responsive
comprehensive statewide program of technology-related assistance, for
individuals with disabilities of all ages, that is designed to--
(a)(1) Increase the availability of, funding for, access to, and
provision of, assistive technology devices and assistive technology
services;
(2) Increase the active involvement of individuals with
disabilities and their family members, guardians, advocates, and
authorized representatives, in the planning, development,
implementation, and evaluation of the program;
(3) Increase the involvement of individuals with disabilities and,
if appropriate, their family members, guardians, advocates, or
authorized representatives, in decisions related to the provision of
assistive technology devices and assistive technology services;
(4) Increase the provision of outreach to underrepresented
populations and rural populations, to enable the two populations to
enjoy the benefits of programs carried out to accomplish the purposes
described in this section to the same extent as other populations;
(5) Increase and promote coordination among State agencies, and
between State agencies and private entities, that are involved in
carrying out activities under this part, particularly providing
assistive technology devices and assistive technology services, that
accomplish a purpose described in another paragraph of this section;
(6)(i) Increase the awareness of laws, regulations, policies,
practices, procedures, and organizational structures, that facilitate
the availability or provision of assistive technology devices and
assistive technology services; and
(ii) Facilitate the change of laws, regulations, policies,
practices, procedures, and organizational structures, that impede the
availability or provision of assistive technology devices and assistive
technology services;
(7) Increase the probability that individuals with disabilities of
all ages will, to the extent appropriate, be able to secure and
maintain possession of assistive technology devices as these
individuals make the transition between services offered by human
service agencies or between settings of daily living;
(8) Enhance the skills and competencies of individuals involved in
providing assistive technology devices and assistive technology
services;
(9) Increase awareness and knowledge of the efficacy of assistive
technology devices and assistive technology services among--
(i) Individuals with disabilities and their family members,
guardians, advocates, and authorized representatives;
(ii) Individuals who work for public agencies, or for private
entities (including insurers), that have contact with individuals with
disabilities;
(iii) Educators and related services personnel;
(iv) Technology experts (including engineers);
(v) Employers; and
(vi) Other appropriate individuals;
(10) Increase the capacity of public agencies and private entities
to provide and pay for assistive technology devices and assistive
technology services on a statewide basis for individuals with
disabilities of all ages; and
(11) Increase the awareness of the needs of individuals with
disabilities for assistive technology devices and for assistive
technology services.
(b)(1) Identify Federal policies that facilitate payment for
assistive technology devices and assistive technology services.
(2) Identify Federal policies that impede this payment.
(3) Eliminate inappropriate barriers to this payment.
(c) Enhance the ability of the Federal Government to provide States
with--
(1) Technical assistance, information, training, and public
awareness programs relating to the provision of assistive technology
devices and assistive technology services; and
(2) Funding for demonstration projects.
(Authority: 29 U.S.C. 2201(b); Section 2(b) of the Act)
Sec. 345.3 What are the types of awards under this program?
(a) Under this program, the Secretary--
(1) Awards three-year development grants to assist States in
developing and
[[Page 8163]]
implementing consumer-responsive comprehensive statewide programs that
accomplish the purposes in Sec. 345.2;
(2) May award an initial two-year extension grant to any State that
meets the standards in Sec. 345.42(a); and
(3) May award a second extension grant, for a period of not more
than 5 years, to any State that meets the standards in Sec. 345.42(b).
(b) The Secretary calculates the amount of the development grants
in paragraph (a)(1) of this section on the basis of--
(1) Amounts available for making grants under this part;
(2) The population of the State or territory concerned; and
(3) The types of activities proposed by the State relating to the
development of a consumer-responsive comprehensive statewide program of
technology-related assistance.
(c) The Secretary calculates the amount of the extension grants in
paragraph (a)(2) of this section on the basis of--
(1) Amounts available for making grants;
(2) The population of the State;
(3) The types of assistance proposed by the State in its
application; and
(4) A description in its application of the amount of resources
committed by the State and available to the State from other sources to
sustain the program after federal funding ends.
(d)(1) In providing any increases in initial extension grants in
paragraph (a)(2) of this section above the amounts provided to States
for Fiscal Year 1993, the Secretary may give priority to States (other
than the territories) that--
(i) Have the largest populations, based on the most recent census
data; and
(ii) Are sparsely populated, with a wide geographic spread.
(2) To be eligible for the priority in paragraph (d)(1) of this
section, the circumstances in paragraphs (d)(1)(i) or (ii) must have
impeded the development of a consumer-responsive, comprehensive
statewide program of technology-related assistance in a State.
(e) During the fourth and fifth years of a State's second extension
grant, the amount received by a State will be reduced to 75% and 50%,
respectively, of the amount paid to the State for the third year of the
grant.
(Authority: 29 U.S.C. 2212(b), 2213(a), 2213(c)(1)(B) and (2), and
2213(c)(1)(D); Sections 102(b), 103(a), 103(c)(1)(B) and (2),
103(c)(1)(D) of the Act)
Sec. 345.4 Who is eligible to receive a development grant?
A State is eligible to receive a development grant under this
program, provided that the Governor has designated a lead agency to
carry out the responsibilities contained in Sec. 345.5.
(Authority: 29 U.S.C. 2212(a)(1) and 2212 (d)(1); Section 102(a) and
102(d)(1) of the Act)
Sec. 345.5 What are the responsibilities of the lead agency or public
agency in applying for and in administering a development grant?
(a) The lead agency is responsible for the following:
(1) Submitting the application containing the information and
assurances contained in Sec. 345.30.
(2) Administering and supervising the use of amounts made available
under the grant.
(3)(i) Coordinating efforts related to, and supervising the
preparation of, the application;
(ii) Coordinating the planning, development, implementation, and
evaluation of the consumer-responsive comprehensive statewide program
of technology-related assistance among public agencies and between
public agencies and private agencies, including coordinating efforts
related to entering into interagency agreements; and
(iii) Coordinating efforts related to, and supervising, the active,
timely, and meaningful participation by individuals with disabilities
and their family members, guardians, advocates, or authorized
representatives, and other appropriate individuals, with respect to
activities carried out under the grant.
(4) The delegation, in whole or in part, of any responsibilities
described in paragraphs (a)(1) through (3) of this section to one or
more appropriate offices, agencies, entities, or individuals.
(b) If the lead agency is not a public agency, a public agency
shall have the responsibility of controlling and administering amounts
received under the grant.
(Authority: 29 U.S.C. 2212(d)(1) and 2212(e)(12)(A); Section
102(d)(1) and 102(e)(12)(A) of the Act)
Sec. 345.6 How does a State designate the lead agency?
(a) The Governor may designate--
(1) A commission appointed by the Governor;
(2) A public-private partnership or consortium;
(3) A university-affiliated program;
(4) A public agency;
(5) A council established under Federal or State law; or
(6) Another appropriate office, agency, entity, or individual.
(b) The State shall provide evidence that the lead agency has the
ability--
(1) To respond to assistive technology needs across disabilities
and ages;
(2) To promote the availability throughout the State of assistive
technology devices and assistive technology services;
(3) To promote and implement systems change and advocacy
activities;
(4) To promote and develop public-private partnerships;
(5) To exercise leadership in identifying and responding to the
technology needs of individuals with disabilities and their family
members, guardians, advocates, and authorized representatives;
(6) To promote consumer confidence, responsiveness, and advocacy;
and
(7) To exercise leadership in implementing effective strategies for
capacity building, staff and consumer training, and enhancement of
access to funding for assistive technology devices and assistive
technology services across agencies.
(Authority: 29 U.S.C. 2212(d)(2) and (3); Sections 102(d)(2) and (3)
of the Act)
Sec. 345.7 Who is eligible to receive an extension grant?
A State is eligible to receive an extension grant under this
program.
Sec. 345.8 What are the responsibilities of the lead agency in
applying for and in administering an extension grant?
(a) To be eligible to receive an initial extension grant, the lead
agency shall--
(1) Submit an application containing the information and assurances
in Sec. 345.31; and
(2) Hold a public hearing in the third year of a program carried
out under a development grant, after providing appropriate and
sufficient notice to allow interested groups and organizations and all
segments of the public an opportunity to comment on the program.
(b) To be eligible to receive a second extension grant, the lead
agency shall--
(1) Submit an application containing the information and assurances
in Sec. 345.31; and
(2) Hold a public hearing in the second year of a program carried
out under an initial extension grant, after providing appropriate and
sufficient notice to allow interested groups and organizations and all
segments of the public an opportunity to comment on the program.
(Authority: 29 U.S.C. 2213(d) and (e); Section 103(d) and (e) of the
Act)
Sec. 345.9 What regulations apply to this program?
The following regulations apply to the State Grants Program for
Technology-
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Related Assistance for Individuals with Disabilities:
(a) The Education Department General Administrative Regulations
(EDGAR) as follows:
(1) 34 CFR Part 74 (Administration of Grants to Institutions of
Higher Education, Hospitals, and Nonprofit Organizations);
(2) 34 CFR Part 75 (Direct Grant Programs), except Sec. 75.618;
(3) 34 CFR Part 77 (Definitions That Apply to Department
Regulations);
(4) 34 CFR Part 79 (Intergovernmental Review of Department of
Education Programs and Activities);
(5) 34 CFR Part 80 (Uniform Administrative Requirements for Grants
and Cooperative Agreements to State and Local Governments), except
Secs. 80.32(a) and 80.33(a);
(6) 34 CFR Part 81 (General Education Provisions Act--Enforcement);
(7) 34 CFR Part 85 (Governmentwide Debarment and Suspension
(Nonprocurement) and Governmentwide Requirements for Drug-Free
Workplace (Grants)); and
(8) Part 86 (Drug-Free Schools and Campuses).
(b) The regulations in this part.
(Authority: 29 U.S.C. 2201-2217; Sections 101-107 of the Act)
Sec. 345.10 What definitions apply to this program?
(a) Definitions in EDGAR. The following terms used in this part are
defined in 34 CFR 77.1:
Applicant
Application
Award
Department
EDGAR
Fiscal year
Grant period
Nonprofit
Nonpublic
Private
Project
Project period
Public
(b) Definitions in the Technology-Related Assistance for
Individuals with Disabilities Act of 1988.
(1) The following terms used in this part are defined in section 3
of the Act:
Advocacy services
Assistive technology device
Assistive technology service
Comprehensive statewide program of technology-related assistance
Consumer-responsive
Disability
Individual with a disability; individuals with disabilities
Institution of higher education
Protection and advocacy services
Secretary
State
Systems change and related activities
Technology-related assistance
Underrepresented population
(2) The following term used in this part is defined in section
102(b)(5) of the Act:
Territory
(d) Other definitions. The following definitions also apply to this
part:
Initial extension grant means the two-year extension grant
following a three-year development grant under this program.
Second extension grant means the extension grant following the
initial extension grant under this program. The period of this grant is
for a period of not more than 5 years.
(Authority: 29 U.S.C. 2201-2217; Sections 101-107 of the Act)
Subpart B--What Kinds of Activities Does the Department Support
Sec. 345.20 What type of activities are authorized under this program?
Any State that receives a development or extension grant shall use
the funds made available through the grant to accomplish the purposes
described in Sec. 345.2(a) and, in accomplishing such purposes, may
carry out any of the following systems change and advocacy activities:
(a) Support activities to increase access to, and funding for,
assistive technology, including--
(1) The development, and evaluation of the efficacy, of model
delivery systems that provide assistive technology devices and
assistive technology services to individuals with disabilities, that
pay for devices and services, and that, if successful, could be
replicated or generally applied, such as--
(i) The development of systems for the purchase, lease, other
acquisition, or payment for the provision, of assistive technology
devices and assistive technology services; or
(ii) The establishment of alternative State or privately financed
systems of subsidies for the provision of assistive technology devices
and assistive technology services, such as--
(A) A loan system for assistive technology devices;
(B) An income-contingent loan fund;
(C) A low interest loan fund;
(D) A revolving loan fund;
(E) A loan insurance program; or
(F) A partnership with private entities for the purchase, lease, or
other acquisition of assistive technology devices and the provision of
assistive technology services;
(2) The demonstration of assistive technology devices, including--
(i) The provision of a location or locations within the State where
the following individuals can see and touch assistive technology
devices, and learn about the devices from personnel who are familiar
with such devices and their applications:
(A) Individuals with disabilities and their family members,
guardians, advocates, and authorized representatives;
(B) Education, rehabilitation, health care, and other service
providers;
(C) Individuals who work for Federal, State, or local government
entities; and
(D) Employers.
(ii) The provision of counseling and assistance to individuals with
disabilities and their family members, guardians, advocates, and
authorized representatives to determine individual needs for assistive
technology devices and assistive technology services; and
(iii) The demonstration or short-term loan of assistive technology
devices to individuals, employers, public agencies, or public
accommodations seeking strategies to comply with the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) and section 504 of
the Rehabilitation Act of 1973 (29 U.S.C. 794); and
(3) The establishment of information systems about, and recycling
centers for, the redistribution of assistive technology devices and
equipment that may include device and equipment loans, rentals, or
gifts.
(b) Support activities to--
(1) Identify and coordinate Federal and State policies, resources,
and services, relating to the provision of assistive technology devices
and assistive technology services, including entering into interagency
agreements;
(2) Convene interagency work groups to enhance public funding
options and coordinate access to funding for assistive technology
devices and assistive technology services for individuals with
disabilities of all ages, with special attention to the issues of
transition (such as transition from school to work, and transition from
participation in programs under part H of the Individuals with
Disabilities Education Act (20 U.S.C. 1471 et seq.), to participation
in programs under part B of such Act (20 U.S.C. 1411 et seq.)) home
use, and individual involvement in the identification, planning, use,
delivery, and evaluation of such devices and services; or
(3) Document and disseminate information about interagency
activities that promote coordination with respect to assistive
technology devices and
[[Page 8165]]
assistive technology services, including evidence of increased
participation of State and local special education, vocational
rehabilitation, and State medical assistance agencies and departments.
(c) Carry out activities to encourage the creation or maintenance
of, support, or provide assistance to, statewide and community-based
organizations, or systems, that provide assistive technology devices
and assistive technology services to individuals with disabilities or
that assist individuals with disabilities in using assistive technology
devices or assistive technology services. The activities may include
outreach to consumer organizations and groups in the State to
coordinate the activities of the organizations and groups with efforts
(including self-help, support groups, and peer mentoring) to assist
individuals with disabilities and their family members, guardians,
advocates, or authorized representatives, to obtain funding for, and
access to, assistive technology devices and assistive technology
services.
(d) Pay for expenses, including travel expenses, and services,
including services of qualified interpreters, readers, and personal
assistants services that may be necessary to ensure access to the
comprehensive statewide program of technology-related assistance by
individuals with disabilities who are determined by the State to be in
financial need. The expenses must be incurred by participants in
activities associated with the state technology program.
(e) Conduct a statewide needs assessment that may be based on data
in existence on the date on which the assessment is initiated and may
include--
(1) Estimates of the numbers of individuals with disabilities
within the State, categorized by residence, type and extent of
disabilities, age, race, gender, and ethnicity;
(2) In the case of an assessment carried out under a development
grant, a description of efforts, during the fiscal year preceding the
first fiscal year for which the State received a grant, to provide
assistive technology devices and assistive technology services to
individuals with disabilities within the State, including--
(i) The number of individuals with disabilities who received
appropriate assistive technology devices and assistive technology
services; and
(ii) A description of the devices and services provided;
(3) Information on the number of individuals with disabilities who
are in need of assistive technology devices and assistive technology
services, and a description of the devices and services needed;
(4) Information on the cost of providing assistive technology
devices and assistive technology services to all individuals with
disabilities within the State who need such devices and services;
(5) A description of State and local public resources and private
resources (including insurance) that are available to establish a
consumer-responsive comprehensive statewide program of technology-
related assistance;
(6) Information identifying Federal and State laws, regulations,
policies, practices, procedures, and organizational structures, that
facilitate or interfere with the operation of a consumer responsive
comprehensive statewide program of technology related assistance;
(7) A description of the procurement policies of the State and the
extent to which such policies will ensure, to the extent practicable,
that assistive technology devices purchased, leased, or otherwise
acquired with assistance made available through a development or
extension grant under this part are compatible with other technology
devices, including technology devices designed primarily for use by--
(i) Individuals who are not individuals with disabilities;
(ii) Individuals who are elderly; or
(iii) Individuals with particular disabilities; and
(8) Information resulting from an inquiry about whether a State
agency or task force (composed of individuals representing the State
and individuals representing the private sector) should study the
practices of private insurance companies holding licenses within the
State that offer health or disability insurance policies under which an
individual may obtain reimbursement for--
(i) The purchase, lease, or other acquisition of assistive
technology devices; or
(ii) The use of assistive technology services.
(f) Support--
(1)(i) A public awareness program designed to provide information
relating to the availability and efficacy of assistive technology
devices and assistive technology services for--
(A) Individuals with disabilities and their family members,
guardians, advocates, or authorized representatives;
(B) Individuals who work for public agencies, or for private
entities (including insurers), that have contact with individuals with
disabilities;
(C) Educators and related services personnel;
(D) Technology experts (including engineers);
(E) Employers; and
(F) Other appropriate individuals and entities; or
(ii) Establish and support the program if no such program exists.
(2) A public awareness program that may include the--
(i) Development and dissemination of information relating to the--
(A) Nature of assistive technology devices and assistive technology
services;
(B) Appropriateness, cost, and availability of, and access to,
assistive technology devices and assistive technology services; and
(C) Efficacy of assistive technology devices and assistive
technology services with respect to enhancing the capacity of
individuals with disabilities;
(ii) Development of procedures for providing direct communication
among public providers of assistive technology devices and assistive
technology services and between public providers and private providers
of devices and services (including employers); and
(iii) Development and dissemination of information relating to the
use of the program by individuals with disabilities and their family
members, guardians, advocates, or authorized representatives,
professionals who work in a field related to an activity described in
this section, and other appropriate individuals.
(g) Carry out directly, or may provide support to a public or
private entity to carry out, training and technical assistance
activities that--
(1)(i) Are provided for individuals with disabilities and their
family members, guardians, advocates, and authorized representatives,
and other appropriate individuals; and
(ii) May include--
(A) Training in the use of assistive technology devices and
assistive technology services;
(B) The development of written materials, training, and technical
assistance describing the means by which agencies consider the needs of
an individual with a disability for assistive technology devices and
assistive technology services in developing, for the individual, any
individualized education program described in section 614(a)(5) of the
Individuals with Disabilities Education Act (20 U.S.C. 1414(a)(5)), any
individualized written rehabilitation program described in section 102
of the Rehabilitation Act of
[[Page 8166]]
1973 (29 U.S.C. 722), any individualized family service plan described
in section 677 of the Individuals with Disabilities Education Act (20
U.S.C. 1477), and any other individualized plans or programs;
(C) Training regarding the rights of the persons described in
paragraph (f)(1)(i) of this section to assistive technology devices and
assistive technology services under any law other than this Act, to
promote fuller independence, productivity, and inclusion in and
integration into society of such persons; and
(D) Training to increase consumer participation in the
identification, planning, use, delivery, and evaluation of assistive
technology devices and assistive technology services; and
(2)(i) Enhance the assistive technology skills and competencies
of--
(A) Individuals who work for public agencies or for private
entities (including insurers) that have contact with individuals with
disabilities;
(B) Educators and related services personnel;
(C) Technology experts (including engineers);
(D) Employers; and
(E) Other appropriate personnel; and
(ii) Include taking actions to facilitate the development of
standards, or, when appropriate, the application of standards, to
ensure the availability of qualified personnel.
(h) Support the compilation and evaluation of appropriate data
related to a program described in Sec. 345.1.
(i)(1) Develop, operate, or expand a system for public access to
information concerning an activity carried out under another paragraph
of this section, including information about assistive technology
devices and assistive technology services, funding sources and costs of
assistance, and individuals, organizations, and agencies capable of
carrying out such an activity for individuals with disabilities.
(2) Access to the system may be provided through community-based
entities, including public libraries, centers for independent living
(as defined in section 702(1) of the Rehabilitation Act of 1973 (29
U.S.C. 796a(1)), and community rehabilitation programs, as defined in
section 7(25) of such Act (29 U.S.C. 706(25)).
(3) In developing, operating, or expanding a system described in
paragraph (i)(1) of this section, the State may--
(i) Develop, compile, and categorize print, large print, braille,
audio, and video materials, computer disks, compact discs (including
compact discs formatted with read-only memory), information that can be
used in telephone-based information systems, and other media as
technological innovation may make appropriate;
(ii) Identify and classify existing funding sources, and the
conditions of and criteria for access to such sources, including any
funding mechanisms or strategies developed by the State;
(iii) Identify existing support groups and systems designed to help
individuals with disabilities make effective use of an activity carried
out under another paragraph of this section; and
(iv) Maintain a record of the extent to which citizens of the State
use or make inquiries of the system established in paragraph (i)(1) of
this section, and of the nature of inquiries.
(4) The information system may be organized on an interstate basis
or as part of a regional consortium of States in order to facilitate
the establishment of compatible, linked information systems.
(j)(1) The State may enter into cooperative agreements with other
States to expand the capacity of the States involved to assist
individuals with disabilities of all ages to learn about, acquire, use,
maintain, adapt, and upgrade assistive technology devices and assistive
technology services that individuals need at home, at school, at work,
or in other environments that are part of daily living.
(2) The State may operate or participate in a computer system
through which the State may electronically communicate with other
States to gain technical assistance in a timely fashion and to avoid
the duplication of efforts already undertaken in other States.
(k) Support the establishment or continuation of partnerships and
cooperative initiatives between the public sector and the private
sector to promote the greater participation by business and industry in
the--
(1) Development, demonstration, and dissemination of assistive
technology devices; and
(2) Ongoing provision of information about new products to assist
individuals with disabilities.
(l) Provide advocacy services.
(m) Utilize amounts made available through development and
extension grants for any systems change and advocacy activities, other
than the activities described in another paragraph of this section,
that are necessary for developing, implementing, or evaluating the
consumer-responsive comprehensive statewide program of technology-
related assistance.
(n)(1) Accomplish the purposes in Sec. 345.2(b) and (c).
(Authority: 29 U.S.C. 2201(b) and 2211(b); Sections 2(b)(2), 2(b)(3)
and 101(b) of the Act)
Subpart C--How Does a State Apply for a Grant?
Sec. 345.30 What is the content of an application for a development
grant?
(a) Applicants for development grants under this program shall
include the following information in their applications:
(1) Information identifying the lead agency designated by the
Governor under Sec. 345.4 and the evidence described in Sec. 345.6(b).
(2) A description of the nature and extent of involvement of
various State agencies, including the State insurance department, in
the preparation of the application and the continuing role of each
agency in the development and implementation of the consumer-responsive
comprehensive statewide program of technology-related assistance,
including the identification of the available resources and financial
responsibility of each agency for paying for assistive technology
devices and assistive technology services.
(3)(i) A description of procedures that provide for--
(A)(1) The active involvement of individuals with disabilities and
their family members, guardians, advocates, and authorized
representatives, and other appropriate individuals, in the development,
implementation, and evaluation of the program; and
(2) To the maximum extent appropriate, the active involvement of
individuals with disabilities who use assistive technology devices or
assistive technology services, in decisions relating to such devices
and services; and
(B) Mechanisms for determining consumer satisfaction and
participation of individuals with disabilities who represent a variety
of ages and types of disabilities, in the consumer-responsive
comprehensive statewide program of technology-related assistance.
(ii) A description of the nature and extent of the--
(A) Involvement, in the designation of the lead agency under
Sec. 345.4, and in the development of the application, of--
(1) Individuals with disabilities and their family members,
guardians, advocates, or authorized representatives;
(2) Other appropriate individuals who are not employed by a State
agency; and
(3) Organizations, providers, and interested parties, in the
private sector; and
(B) Continuing role of the individuals and entities described in
paragraph
[[Page 8167]]
(a)(3)(ii)(A) of this section in the program.
(4) A tentative assessment of the extent of the need of individuals
with disabilities in the State, including individuals from
underrepresented populations or rural populations for a statewide
program of technology-related assistance and a description of previous
efforts and efforts continuing on the date of the application to
develop a consumer-responsive comprehensive statewide program of
technology-related assistance.
(5) A description of State resources and other resources (to the
extent this information is available) that are available to commit to
the development of a consumer-responsive comprehensive statewide
program of technology-related assistance.
(6) Information on the program with respect to the--
(i) Goals and objectives of the State for the program;
(ii) Systems change and advocacy activities that the State plans to
carry out under the program; and
(iii) Expected outcomes of the State for the program, consistent
with the purposes described in Sec. 345.2(a).
(7)(i) A description of the data collection system used for
compiling information on the program, consistent with requirements
established by the Secretary for systems, and, when a national
classification system is developed pursuant to section 201 of the Act,
consistent with the classification system; and
(ii) Procedures that will be used to conduct evaluations of the
program.
(8) A description of the policies and procedures governing
contracts, grants, and other arrangements with public agencies, private
nonprofit organizations, and other entities or individuals for the
purpose of providing assistive technology devices and assistive
technology services consistent with this part.
(b) Applicants for development grants shall include the following
assurances in their applications:
(1)(i) An assurance that the State will use funds from a
development or extension grant to accomplish the purposes described in
Sec. 345.2(a) and the goals, objectives, and outcomes described in
paragraph (a)(6) of this section, and to carry out the systems change
and advocacy activities described in paragraph (a)(6)(ii) of this
section, in a manner that is consumer-responsive.
(ii) An assurance that the State, in carrying out systems change
and advocacy activities, shall carry out the following activities,
unless the State demonstrates through the progress reports required
under Sec. 345.50 that significant progress has been made in the
development and implementation of a consumer-responsive comprehensive
statewide program of technology-related assistance, and that other
systems change and advocacy activities will increase the likelihood
that the program will accomplish the purposes described in
Sec. 345.2(a):
(A) The development, implementation, and monitoring of State,
regional, and local laws, regulations, policies, practices, procedures,
and organizational structures, that will improve access to, provision
of, funding for, and timely acquisition and delivery of, assistive
technology devices and assistive technology services;
(B) The development and implementation of strategies to overcome
barriers regarding access to, provision of, and funding for, such
devices and services, with priority for identification of barriers to
funding through State education (including special education) services,
vocational rehabilitation services, and medical assistance services or,
as appropriate, other health and human services, and with particular
emphasis on overcoming barriers for underrepresented populations and
rural populations;
(C) Coordination of activities among State agencies, in order to
facilitate access to, provision of, and funding for, assistive
technology devices and assistive technology services;
(D) The development and implementation of strategies to empower
individuals with disabilities and their family members, guardians,
advocates, and authorized representatives, to successfully advocate for
increased access to, funding for, and provision of, assistive
technology devices and assistive technology services, and to increase
the participation, choice, and control of individuals with disabilities
and their family members, guardians, advocates, and authorized
representatives in the selection and procurement of assistive
technology devices and assistive technology services;
(E) The provision of outreach to underrepresented populations and
rural populations, including identifying and assessing the needs of
such populations, providing activities to increase the accessibility of
services to such populations, training representatives of such
populations to become service providers, and training staff of the
consumer-responsive comprehensive statewide program of technology-
related assistance to work with such populations; and
(F) The development and implementation of strategies to ensure
timely acquisition and delivery of assistive technology devices and
assistive technology services, particularly for children.
(2) An assurance that the State will conduct an annual assessment
of the consumer-responsive comprehensive statewide program of
technology-related assistance, in order to determine--
(i) The extent to which the State's goals and objectives for
systems change and advocacy activities, as identified in the State plan
under paragraph (a)(6) of this section, have been achieved; and
(ii) The areas of need that require attention in the next year.
(3) An assurance that amounts received under the grant will be
expended in accordance with the provisions of this part;
(4) An assurance that amounts received under the grant--
(i) Will be used to supplement amounts available from other sources
that are expended for technology-related assistance, including the
provision of assistive technology devices and assistive technology
services; and
(ii) Will not be used to pay a financial obligation for technology-
related assistance (including the provision of assistive technology
devices or assistive technology services) that would have been paid
with amounts available from other sources if amounts under the grant
had not been available, unless--
(A) The payment is made only to prevent a delay in the receipt of
appropriate technology-related assistance (including the provision of
assistive technology devices or assistive technology services) by an
individual with a disability; and
(B) The entity or agency responsible subsequently reimburses the
appropriate account with respect to programs and activities under the
grant in an amount equal to the amount of the payment;
(5) An assurance that--
(i) A public agency shall control and administer amounts received
under the grant; and
(ii) A public agency or an individual with a disability shall--
(A) Hold title to property purchased with such amounts; and
(B) Administer such property.
(6) An assurance that the State will--
(i) Prepare reports to the Secretary in the form and containing
information required by the Secretary to carry out the Secretary's
functions under this part; and
(ii) Keep records and allow access to records as the Secretary may
require to
[[Page 8168]]
ensure the correctness and verification of information provided to the
Secretary under this paragraph of this section.
(7) An assurance that amounts received under the grant will not be
commingled with State or other funds;
(8) An assurance that the State will adopt fiscal control and
accounting procedures as may be necessary to ensure proper disbursement
of an accounting for amounts received under the grant;
(9) An assurance that the State will--
(i) Make available to individuals with disabilities and their
family members, guardians, advocates, or authorized representatives
information concerning technology-related assistance in a form that
will allow individuals to effectively use the information; and
(ii) In preparing information for dissemination, consider the
media-related needs of individuals with disabilities who have sensory
and cognitive limitations and consider the use of auditory materials,
including audio cassettes, visual materials, including video cassettes
and video discs, and braille materials.
(10) An assurance that, to the extent practicable, technology-
related assistance made available with amounts received under the grant
will be equitably distributed among all geographical areas of the
State;
(11) An assurance that the lead agency will have the authority to
use funds made available through a development or extension grant to
comply with the requirements of this part, including the ability to
hire qualified staff necessary to carry out activities under the
program;
(12)(i) An assurance that the State will annually provide, from the
funds made available to the State through a development or extension
grant under this part, an amount calculated in accordance with section
102(f)(4) of the Act in order to make a grant to, or enter into a
contract with--
(A) An entity to support protection and advocacy services through
the systems established to provide protection and advocacy under the
Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C.
6000 et seq.), the Protection and Advocacy for Mentally Ill Individuals
Act (42 U.S.C. 10801 et seq.), and section 509 of the Rehabilitation
Act of 1973 (29 U.S.C. 794e); or
(B) An entity described in Sec. 345.55(a)(1).
(ii) The State need not provide the assurance in paragraph
(b)(12)(i) of this section, if the State requests in its annual
progress report or first or second extension application, as
applicable, that the Secretary annually reserve, from the funds made
available for a development or extension grant, an amount calculated in
accordance with section 102(f)(4) of the Act, in order for the
Secretary to make a grant to or enter into a contract with a system to
support protection and advocacy services.
(13) An assurance that the State--
(i) Will develop and implement strategies for including personnel
training regarding assistive technology within existing Federal- and
State-funded training initiatives, in order to enhance assistive
technology skills and competencies; and
(ii) Will document the training;
(14) An assurance that the percentage of the funds received under
the grant that is used for indirect costs (as defined in OMB Circular
A-87 incorporated by reference in 34
FR Doc. 96-4861 State Grants Program for Technology-Related Assistance for Individuals With Disabilities
CFR 80.22(b)) shall not exceed 10
percent of the total amount of the grant; and
(15) An assurance that the lead agency will coordinate the
activities funded through a development or extension grant under this
part with the activities carried out by councils within the State,
including--
(i) Any council or commission specified in the assurance provided
by the State in accordance with section 101(a)(36) of the
Rehabilitation Act of 1973 (29 U.S.C. 721(a)(36));
(ii) The Statewide Independent Living Council established under
section 705 of the Rehabilitation Act of 1973 (29 U.S.C. 796d));
(iii) The advisory panel established under section 613(a)(12) of
the Individuals with Disabilities Education Act (20 U.S.C.
1413(a)(12));
(iv) The State Interagency Coordinating Council established under
section 682 of the Individuals with Disabilities Education Act (20
U.S.C. 1482));
(v) The State Planning Council described in section 124 of the
Developmental Disabilities Assistance and Bill of Rights Act (20 U.S.C.
6024);
(vi) The State mental health planning council established under
section 1914 of the Public Health Service Act (42 U.S.C. 300x-3);
(vii) Any council established under section 204, 206(g)(2)(A), or
712(a)(3)(H) of the Older Americans Act of 1965 (42 U.S.C. 3015,
3017(g)(2)(A), or 3058g(a)(3)(H)).
(16) An assurance that there will be coordination between the
activities funded through the grant and other related systems change
and advocacy activities funded by either Federal or State sources.
(c) Applicants for development grants shall provide any other
related information and assurances that the Secretary may reasonably
require.
(Authority: 29 U.S.C. 2212(e); Section 102(e) of the Act)
345.31 What is the content of an application for an extension grant?
A State that seeks an extension grant shall include the following
in an application:
(a) The information and assurances described in Sec. 345.30, except
the preliminary needs assessment described in Sec. 345.30(a)(4).
(b) A description of the following:
(1) The needs relating to technology-related assistance of
individuals with disabilities (including individuals from
underrepresented populations or rural populations) and their family
members, guardians, advocates, or authorized representatives, and other
appropriate individuals within the State.
(2) Any problems or gaps that remain with the development and
implementation of a consumer-responsive comprehensive statewide program
of technology-related assistance in the State.
(3) The strategies that the State will pursue during the grant
period to remedy the problems or gaps with the development and
implementation of a program.
(4) Outreach activities to be conducted by the State, including
dissemination of information to eligible populations, with special
attention to underrepresented populations and rural populations.
(5)(i) The specific systems change and advocacy activities
described in Sec. 345.20 (including the activities described in
Sec. 345.30(b)(1)) carried out under the development grant received by
the State, or, in the case of an application for a second extension
grant, under an initial extension grant received by the State under
this section, including--
(A) A description of systems change and advocacy activities that
were undertaken to produce change on a permanent basis for individuals
with disabilities of all ages;
(B) A description of activities undertaken to improve the
involvement of individuals with disabilities in the program, including
training and technical assistance efforts to improve individual access
to assistive technology devices and assistive technology services as
mandated under other laws and regulations in effect on the date of the
application, and including actions undertaken to improve the
participation of underrepresented populations and rural populations,
such as outreach efforts; and
[[Page 8169]]
(C) An evaluation of the impact and results of the activities
described in paragraph (b)(5)(i)(A) and (B) of this section.
(ii) The relationship of systems change and advocacy activities to
the development and implementation of a consumer-responsive
comprehensive statewide program of technology-related assistance.
(iii) The progress made toward the development and implementation
of a consumer-responsive comprehensive statewide program of technology-
related assistance.
(6)(i) In the case of an application for an initial extension
grant, a report on the hearing described in Sec. 345.8(a)(2) or, in the
case of an application for a second extension grant, a report on the
hearing described in Sec. 345.8(b)(2).
(ii) A description of State actions, other than a hearing, designed
to determine the degree of satisfaction of individuals with
disabilities, and their family members, guardians, advocates, or
authorized representatives, public service providers and private
service providers, educators and related service providers, technology
experts (including engineers), employers, and other appropriate
individuals and entities with--
(A) The degree of their ongoing involvement in the development and
implementation of the consumer-responsive comprehensive statewide
program of technology-related assistance;
(B) The specific systems change and advocacy activities described
in Sec. 345.20 (including the activities described in
Sec. 345.30(b)(1)) carried out by the State under the development grant
or the initial extension grant;
(C) Progress made toward the development and implementation of a
consumer-responsive comprehensive statewide program of technology-
related assistance; and
(D) The ability of the lead agency to carry out the activities
described in Sec. 345.6(b).
(c) A summary of any comments received concerning the issues
described in paragraph (b)(6) of this section and response of the State
to such comments, solicited through a public hearing or through other
means, from individuals affected by the consumer-responsive
comprehensive statewide program of technology-related assistance,
including--
(1) Individuals with disabilities and their family members,
guardians, advocates, or authorized representatives;
(2) Public service providers and private service providers;
(3) Educators and related services personnel;
(4) Technology experts (including engineers);
(5) Employers; and
(6) Other appropriate individuals and entities.
(d) An assurance that the State, any recipient, and any
subrecipient of funds made available to the State under the Act will
comply with guidelines established under section 508 of the
Rehabilitation Act of 1973 (29 U.S.C. 794d).
(e)(1) A copy of the protection and advocacy contract or grant
agreement entered into by the State;
(2) Evidence of ongoing negotiations with an entity to provide
protection and advocacy services, if the State has not yet entered into
a grant or contract; or
(3) A request that the Secretary enter into a grant agreement with
an entity to provide protection and advocacy services, pursuant to
Sec. 345.30(b)(12)(ii).
(Authority: 29 U.S.C. 2213 (d) and (e); Section 103 (d) and (e) of
the Act).
Subpart D--How Does the Secretary Make a Grant?
Sec. 345.40 How does the Secretary evaluate an application for a
development grant under this program?
The Secretary evaluates each application using the selection
criteria in 34 CFR 75.210.
(Authority: 29 U.S.C. 2212(a); Section 102(a) of the Act)
Sec. 345.41 What other factors does the Secretary take into
consideration in making development grant awards under this program?
In making development grants under this program, the Secretary
takes into consideration, to the extent feasible--
(a) Achieving a balance among States that have differing levels of
development of consumer-responsive comprehensive statewide programs of
technology-related assistance; and
(b) Achieving a geographically equitable distribution of the
grants.
(Authority: 29 U.S.C. 2212(c); Section 102(c) of the Act)
Sec. 345.42 What is the review process for an application for an
extension grant?
(a) The Secretary may award an initial extension grant to any State
that--
(1) Provides the evidence described in Sec. 345.6(b) and makes the
demonstration described in paragraph (a)(2) of this section;
(2) Demonstrates that the State has made significant progress, and
has carried out systems change and advocacy activities that have
resulted in significant progress, toward the development and
implementation of a consumer-responsive comprehensive statewide program
of technology-related assistance, consistent with this part; and
(3) Holds a public hearing in the third year of a program carried
out under a development grant, after providing appropriate and
sufficient notice to allow interested groups and organizations and all
segments of the public an opportunity to comment on the program.
(b) The Secretary may award a second extension grant to any State
that-(1) Provides the evidence described in Sec. 345.6(b) and makes the
demonstration described in paragraph (a)(2) of this section;
(2) Describes the steps the State has taken or will take to
continue on a permanent basis the consumer-responsive comprehensive
statewide program of technology-related assistance with the ability to
maintain, at a minimum, the outcomes achieved by the systems change and
advocacy activities;
(3) Identifies future funding options and commitments for the
program from the public and private sector and the key individuals,
agencies, and organizations to be involved in, and to direct future
efforts of, the program; and
(4) Holds a public hearing in the second year of a program carried
out under an initial extension grant, after providing appropriate and
sufficient notice to allow interested groups and organizations and all
segments of the public an opportunity to comment on the program.
(c) In making any award to a State for a second extension grant,
the Secretary makes an award contingent on a determination, based on
the on-site visit in Sec. 345.53, that the State is making significant
progress toward development and implementation of a consumer-responsive
comprehensive statewide program of technology-related assistance,
except where the Secretary determines that the on-site visit is
unnecessary. If the Secretary determines that the State is not making
significant progress, the Secretary may take an action described in
Sec. 345.61.
(Authority: 29 U.S.C. 2213 (b) and (e) and 2215(a)(2); Section 103
(b) and (e) and 105(a)(2) of the Act)
Sec. 345.43 What priorities does the Secretary establish?
(a) The Secretary gives, in each of the 2 fiscal years succeeding
the fiscal year in which amounts are first appropriated for carrying
out development grants, priority for funding to States that received
development grants under this
[[Page 8170]]
part during the fiscal year preceding the fiscal year concerned.
(b) For States that are applying for initial extension grants, the
Secretary gives, in any fiscal year, priority to States that received
initial extension grants during the fiscal year preceding the fiscal
year concerned.
(c) The Secretary may establish other appropriate priorities under
the Act.
(Authority: 29 U.S.C. 2212(b)(4) and 2213(c); Section 102(b)(4) and
103(c) of the Act)
Subpart E--What Conditions Must Be Met After an Award?
Sec. 345.50 What are the reporting requirements for the recipients of
development and extension grants?
(a) States receiving development and extension grants shall submit
annually to the Secretary a report that documents significant progress
in developing and implementing a consumer-responsive comprehensive
statewide program of technology-related assistance documenting the
following:
(1) The progress the State has made, as determined in the State's
annual assessment (consistent with the guidelines established by the
Secretary under Sec. 345.51) in achieving the State's goals,
objectives, and outcomes as identified in the State's application, and
areas of need that require attention in the next year, including
unanticipated problems with the achievement of the goals, objectives,
and outcomes described in the application, and the activities the State
has undertaken to rectify these problems.
(2) The systems change and advocacy activities carried out by the
State including--
(i) An analysis of the laws, regulations, policies, practices,
procedures, and organizational structure that the State has changed,
has attempted to change, or will attempt to change during the next
year, to facilitate and increase timely access to, provision of, or
funding for, assistive technology devices and assistive technology
services; and
(ii) A description of any written policies and procedures that the
State has developed and implemented regarding access to, provision of,
and funding for, assistive technology devices and assistive technology
services, particularly policies and procedures regarding access to,
provision of, and funding for, such devices and services under
education (including special education), vocational rehabilitation, and
medical assistance programs.
(3) The degree of involvement of various State agencies, including
the State insurance department, in the development, implementation, and
evaluation of the program, including any interagency agreements that
the State has developed and implemented regarding access to, provision
of, and funding for, assistive technology devices and assistive
technology services such as agreements that identify available
resources for, assistive technology devices and assistive technology
services and the responsibility of each agency for paying for such
devices and services.
(4) The activities undertaken to collect and disseminate
information about the documents or activities analyzed or described in
paragraphs (a) (1) through (3) of this section, including outreach
activities to underrepresented populations and rural populations and
efforts to disseminate information by means of electronic
communication.
(5) The involvement of individuals with disabilities who represent
a variety of ages and types of disabilities in the planning,
development, implementation, and assessment of the consumer-responsive
comprehensive statewide program of technology-related assistance,
including activities undertaken to improve such involvement, such as
consumer training and outreach activities to underrepresented
populations and rural populations.
(6) The degree of consumer satisfaction with the program, including
satisfaction by underrepresented populations and rural populations.
(7) Efforts to train personnel as well as consumers.
(8) Efforts to reduce the service delivery time for receiving
assistive technology devices and assistive technology services.
(9) Significant progress in the provision of protection and
advocacy services, in each of the areas described in
Sec. 345.55(c)(1)(ii).
(b) The State shall make these reports readily available to the
public at no extra cost.
(c) The State shall submit on an annual basis--
(1) A copy of the protection and advocacy contract or grant
agreement entered into by the State;
(2) Evidence of ongoing negotiations with an entity to provide
protection and advocacy services, if the State has not yet entered into
a grant or contract; or
(3) A request that the Secretary enter into a grant agreement with
an entity to provide protection and advocacy services, pursuant to
Sec. 345.30(b)(12)(ii).
(Authority: 29 U.S.C. 2212(e)(16)(A) and 2214(b); Sections
102(e)(16)(A) and 104(b) of the Act)
Sec. 345.51 When is a State making significant progress?
A State is making significant progress when it carries out--
(a) The systems change and advocacy activities listed in
Sec. 345.30(b)(1)(ii)(A) through (F); or
(b) Other systems change and advocacy activities, if the State
demonstrates through the progress reports developed by the Secretary
and required to be submitted by a State in Sec. 345.50 that it has
accomplished the purposes of the program listed in Sec. 345.2(a).
(Authority: 29 U.S.C. 2212(e)(7) and 2214(a); Sections 102(e)(7) and
104(a) of the Act)
Sec. 345.52 Who retains title to devices provided under this program?
Title to devices purchased with grant funds under this part, either
directly or through any contract or subgrant, must be held by a public
agency or by an individual with a disability who is the beneficiary of
the device. If the disabled individual does not have legal status to
hold title, the title may be retained by a parent or legal guardian.
(Authority: 29 U.S.C. 2212(e)(12)(B); Section 102(e)(12)(B) of the
Act)
Sec. 345.53 What are the requirements for grantee participation in the
Secretary's progress assessments?
Recipients of development grants shall participate in the
Secretary's assessment of the extent to which States are making
significant progress by--
(a) Participating in the on-site monitoring visits that will be
made to each grantee during the final year of the development grant;
(b) Participating in an on-site monitoring visit, that is in
addition to the visit in paragraph (a), if the State applies for a
second extension grant and whose initial on-site visit occurred prior
to the date of the enactment of the Technology-Related Assistance for
Individuals with Disabilities Act Amendments of 1994, unless the
Secretary determines that the visit is not necessary.
(c) Providing written evaluations of the State's progress toward
fulfilling its goals and the objectives of the project, and such other
documents as the Secretary may reasonably require to complete the
required assessment.
(Authority: 29 U.S.C. 2215(a); Section 105(a) of the Act)
Sec. 345.54 How may grant funds be used under this program?
(a) States receiving funds under this part shall comply with the
assurances provided under Secs. 345.30 and 345.31.
[[Page 8171]]
(b) A State receiving a grant may make contracts or subgrants to
the eligible entities in Sec. 345.6, provided that--
(1) A designated public agency maintains fiscal responsibility and
accountability; and
(2) All appropriate provisions related to data collection,
recordkeeping, and cooperation with the Secretary's evaluation and
program monitoring efforts are applied to all subcontractors and
subgrantees as well as to the agency receiving the grant.
(Authority: 29 U.S.C. 2212(e), 2213(d), and 2215(a)(5); Sections
102(e), 103(d), and 105(a)(5) of the Act; Section 437 of the General
Education Provisions Act; 20 U.S.C. 1232f)
Sec. 345.55 What are the responsibilities of a State in carrying out
protection and advocacy services?
(a)(1) A State is eligible to receive funding to provide protection
and advocacy services if--
(i) The State, as of June 30, 1993, has provided for protection and
advocacy services through an entity that is capable of performing the
functions that would otherwise be performed under Sec. 345.30(b)(12) by
the system described in that section; and
(ii) The entity referred to in Sec. 345.30(b)(12)(i) is not a
system described in that section.
(b) A State that meets both of the descriptions in paragraph (a)(1)
of this section also shall comply with the same requirements of this
part as a system that receives funding under Sec. 345.30(b)(12).
(c)(1) A system that receives funds under Sec. 345.30(b)(12)(i) to
carry out the protection and advocacy services described in
Sec. 345.30(b)(12)(i) in a State, or an entity described in paragraph
(a)(1) of this section, shall prepare reports that contain the
information required by the Secretary, including the following:
(i) A description of the activities carried out by the system or
entity with the funds;
(ii) Documentation of significant progress, in providing protection
and advocacy services, in each of the following areas:
(A) Conducting activities that are consumer-responsive, including
activities that will lead to increased access to funding for assistive
technology devices and assistive technology services.
(B) Executing legal, administrative, and other appropriate means of
representation to implement systems change and advocacy activities.
(C) Developing and implementing strategies designed to enhance the
long-term abilities of individuals with disabilities and their family
members, guardians, advocates, and authorized representatives to
successfully advocate for assistive technology devices and assistive
technology services to which the individuals with disabilities are
entitled under law other than this Act.
(D) Coordinating activities with protection and advocacy services
funded through sources other than this Act, and coordinating activities
with the systems change and advocacy activities carried out by the
State lead agency.
(2) The system or entity shall submit the reports to the lead
agency in the State not less often than every 6 months.
(3) The system or entity shall provide monthly updates to the lead
agency concerning the activities and information described in paragraph
(c) of this section.
(d) Before making a grant or entering into a contract under
Sec. 345.30(b)(12)(ii) to support the protection and advocacy services
described in Sec. 345.30(b)(12)(ii) in a State, the Secretary shall
solicit and consider the opinions of the lead agency in the State with
respect to the terms of the grant or contract.
(e)(1) In each fiscal year, the Secretary specifies for each State
receiving a development or an extension grant the minimum amount that
the State shall use to provide protection and advocacy services.
(2)(i) Except as provided for in paragraphs (e) (3) and (4), the
Secretary calculates this minimum amount based on the size of the
grant, the needs of individuals with disabilities within the State, the
population of the State, and the geographic size of the State.
(ii) The Secretary establishes a minimum amount for each State that
ranges from at least $40,000 up to $100,000.
(3) If a State receives a second extension grant, the Secretary
specifies a minimum amount for the fourth year (if any) of the grant
period that equals 75 percent of the minimum amount specified for the
State for the third year of the second extension grant of the State.
(4) If a State receives a second extension grant, the Secretary
specifies a minimum amount for the fifth year (if any) of the grant
period that equals 50 percent of the minimum amount specified for the
State for the third year of the second extension grant of the State.
(5) After the fifth year (if any) of the grant period, no Federal
funds may be made available under this title by the State to a system
described in Sec. 345.30(b)(12) or an entity described in paragraph (a)
of this section.
(Authority: 29 U.S.C. 2212(f); Section 102(f) of the Act)
Subpart F--What Compliance Procedures May the Secretary Use?
Sec. 345.60 Who is subject to a corrective action plan?
(a) Any State that fails to comply with the requirements of this
part is subject to a corrective action plan.
(b) A State may appeal a finding that it is subject to corrective
action within 30 days of being notified in writing by the Secretary of
the finding.
(Authority: 29 U.S.C. 2215(b)(1); Section 105(b)(1) of the Act)
Sec. 345.61 What penalties may the Secretary impose on a grantee that
is subject to corrective action?
A State that fails to comply with the requirements of this part may
be subject to corrective actions such as--
(a) Partial or complete termination of funds;
(b) Ineligibility to participate in the grant program in the
following year;
(c) Reduction in funding for the following year; or
(d) Required redesignation of the lead agency.
(Authority: 29 U.S.C. 2215(b)(2); Section 105(b)(2) of the Act)
Sec. 345.62 How does a State redesignate the lead agency when it is
subject to corrective action?
(a) Once a State becomes subject to a corrective action plan under
Sec. 345.60, the Governor of the State, subject to approval by the
Secretary, shall appoint, within 30 days after the submission of the
plan to the Secretary, a monitoring panel consisting of the following
representatives:
(1) The head of the lead agency designated by the Governor;
(2) Two representatives from different public or private nonprofit
organizations that represent the interests of individuals with
disabilities;
(3) Two consumers who are users of assistive technology devices and
assistive technology services and who are not--
(i) Members of the advisory council, if any, of the consumer-
responsive comprehensive statewide program of technology-related
assistance; or
(ii) Employees of the State lead agency; and
(4) Two service providers with knowledge and expertise in assistive
technology devices and assistive technology services.
(b) The monitoring panel must be ethnically diverse. The panel
shall select a chairperson from among the members of the panel.
[[Page 8172]]
(c) The panel shall receive periodic reports from the State
regarding progress in implementing the corrective action plan and shall
have the authority to request additional information necessary to
determine compliance.
(d) The meetings of the panel to determine compliance shall be open
to the public (subject to confidentiality concerns) and held at
locations that are accessible to individuals with disabilities.
(e) The panel shall carry out the duties of the panel for the
entire period of the corrective action plan, as determined by the
Secretary.
(f) A failure by a Governor of a State to comply with the
requirements of paragraphs (a) through (e) of this section results in
the termination of funding for the State under this part.
(g) Based on its findings, a monitoring panel may determine that a
lead agency designated by a Governor has not accomplished the purposes
described in Sec. 345.2(a) and that there is good cause for
redesignation of the agency and the temporary loss of funds by the
State under this part.
(h) For the purposes of this section, ``good cause'' includes the
following:
(1) Lack of progress with employment of qualified staff;
(2) Lack of consumer-responsive activities;
(3) Lack of resource allocation to systems change and advocacy
activities;
(4) Lack of progress with meeting the assurances in Sec. 345.30(b);
or
(5) Inadequate fiscal management.
(i) If a monitoring panel determines that the lead agency should be
redesignated, the panel shall recommend to the Secretary that further
remedial action be taken or that the Secretary order the Governor to
redesignate the lead agency within 90 days or lose funds under this
part. The Secretary, based on the findings and recommendations of the
monitoring panel, and after providing to the public notice and
opportunity for comment, shall make a final determination regarding
whether to order the Governor to redesignate the lead agency. The
Governor shall make any redesignation in accordance with the
requirements that apply to designations under Sec. 345.6.
(Authority: 29 U.S.C. 2215(c); Section 105(c) of the Act)
Sec. 345.63 How does a State change the entity responsible for
providing protection and advocacy services?
(a) The Governor of a State, based on input from individuals with
disabilities and their family members, guardians, advocates, or
authorized representatives, may determine that the entity providing
protection and advocacy services has not met the protection and
advocacy service needs of the individuals with disabilities and their
family members, guardians, advocates, or authorized representatives,
for securing funding for and access to assistive technology devices and
assistive technology services, and that there is good cause to provide
the protection and advocacy services for the State through a contract
with a second entity.
(b) On making the determination in paragraph (a) of this section,
the Governor may not enter into a contract with a second entity to
provide the protection and advocacy services unless good cause exists
and unless--
(1) The Governor has given the first entity 30 days notice of the
intention to enter into the contract, including specification of good
cause, and an opportunity to respond to the assertion that good cause
has been shown;
(2) Individuals with disabilities and their family members,
guardians, advocates, or authorized representatives, have timely notice
of the determination and opportunity for public comment; and
(3) The first entity has the opportunity to appeal the
determination to the Secretary within 30 days of the determination on
the basis that there is not good cause to enter into the contract.
(c)(1) When the Governor of a State determines that there is good
cause to enter into a contract with a second entity to provide the
protection and advocacy services, the Governor shall hold an open
competition within the State and issue a request for proposals by
entities desiring to provide the services.
(2) The Governor shall not issue a request for proposals by
entities desiring to provide protection and advocacy services until the
first entity has been given notice and an opportunity to respond. If
the first entity appeals the determination to the Secretary, the
Governor shall issue such request only if the Secretary decides not to
overturn the determination of the Governor. The Governor shall issue
such request within 30 days after the end of the period during which
the first entity has the opportunity to respond, or after the decision
of the Secretary, as appropriate.
(3) The competition shall be open to entities with the same
expertise and ability to provide legal services as a system in
Sec. 345.30(b)(12). The competition shall ensure public involvement,
including a public hearing and adequate opportunity for public comment.
(Authority: 29 U.S.C. 2215(d); Section 105(d) of the Act)
[FR Doc. 96-4861 Filed 2-29-96; 8:45 am]
BILLING CODE 4000-01-P
Complete official Federal Register PDF
FR Doc. 96-4848 Approval and Promulgation of Implementation Plans; Michigan
[Federal Register Volume 61, Number 42 (Friday, March 1, 1996)]
[Rules and Regulations]
[Pages 7994-7996]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4848]
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[[Page 7995]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[MI44-01-7147a; FRL-5408-5]
Approval and Promulgation of Implementation Plans; Michigan
AGENCY: Environmental Protection Agency (USEPA).
ACTION: Direct final rule.
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SUMMARY: The USEPA is approving the State of Michigan's revision to its
State Implementation Plan (SIP) for the Wayne County particulate matter
(PM) nonattainment area. The State of Michigan submitted this revision,
dated July 18, 1995 to satisfy the contingency measures requirements of
section 172(c)(9) of the Clean Air Act (Act). Section 172(c)(9) of the
Act requires that States with initial moderate PM nonattainment areas
submit contingency measures consisting of specific measures that are
not part of the area's control strategy which must take effect without
further action by the State or USEPA, upon a determination by USEPA
that the area has failed to achieve Reasonable Further Progress (RFP)
or attain the PM National Ambient Air Quality Standards (NAAQS) by the
applicable statutory deadline.
DATES: This ``direct final'' is effective April 30, 1996, unless USEPA
receives adverse or critical comments by April 1, 1996. If the
effective date is delayed, timely notice will be published in the
Federal Register.
ADDRESSES: Copies of the documents relevant to this action are
available for inspection during normal business hours at the following
location: (It is recommended that you telephone Christos Panos at (312)
353-8328, before visiting the Region 5 office.)
United States Environmental Protection Agency, Region 5, Air and
Radiation Division, Air Toxics and Radiation Branch, 77 West Jackson
Boulevard, Chicago, Illinois 60604-3590.
FOR FURTHER INFORMATION CONTACT: Christos Panos, Environmental
Engineer, Regulation Development Section, Air Toxics and Radiation
Branch (AT-18J), United States Environmental Protection Agency, Region
5, 77 West Jackson Boulevard, Chicago, Illinois 60604-3590, (312) 353-
8328.
SUPPLEMENTARY INFORMATION:
Background
A portion of Wayne County, Michigan, was designated as a moderate
PM nonattainment area upon enactment of the 1990 Amendments to the Act
(November 15, 1990). 56 FR 56694, 56705-706, 56779 (November 6, 1991).
Among other things, the amended Act made significant changes to the PM
air quality planning requirements for certain areas. The USEPA has
issued detailed guidance that describes USEPA's preliminary
interpretations regarding moderate PM nonattainment area SIP
requirements; 57 FR 13498 (April 16, 1992) and 57 FR 18070 (April 28,
1992). States containing initial moderate PM nonattainment areas were
required to submit a SIP by November 15, 1991, which implemented
reasonably available control measures by December 10, 1993, and
demonstrated attainment of the PM NAAQS by December 31, 1994. On
January 17, 1995 (60 FR 3346), USEPA approved the Wayne County PM
nonattainment area SIP originally submitted by the Michigan Department
of Natural Resources (MDNR) on June 11, 1993 and revised on October 14,
1994.
As provided in section 172(c)(9) of the Act, States with initial
moderate PM nonattainment areas were also required to submit
contingency measures by November 15, 1993. See generally 57 FR 13543-
13544. These measures should consist of other available measures that
are not part of the area's control strategy which must take effect
without further action by the State or USEPA, upon a determination by
USEPA that the area has failed to achieve RFP or attain the PM NAAQS by
the applicable statutory deadline. On January 21, 1994, USEPA sent a
letter to the State of Michigan notifying them that a finding of
failure to submit had been made, thus starting the process to impose
sanctions and promulgate a Federal Implementation Plan (FIP).
Completeness Determination
States are required to observe certain procedural requirements in
developing implementation plans and plan revisions for submission to
USEPA. The Act provides that each implementation plan submitted by a
State must be adopted after reasonable notice and public hearing. The
USEPA also must determine whether a submittal is complete and therefore
warrants further USEPA review and action. The USEPA's completeness
criteria for SIP submittals are set out at 40 CFR Part 51, Appendix V
(1991).
The State of Michigan held a public hearing on March 2, 1995 to
receive public comment on the contingency measures plan for the Wayne
County PM nonattainment area. Following the public hearing, the plan
was adopted by the State, signed by the Governor's designee on July 13,
1995 and submitted to USEPA as a proposed revision to the SIP.
The SIP revision was reviewed by USEPA to determine completeness
and was found to be complete. The USEPA sent a letter dated July 17,
1995 to the Director, MDNR, indicating the completeness of the
submittal and the next steps to be taken in the review process. This
finding of completeness stopped the sanctions process which was started
on January 21, 1994.
Review of Contingency Measures Rule
The Michigan SIP submittal consists of the new State Administrative
Rule 374 (R 336.1374), effective July 26, 1995, which was designed to
satisfy the contingency measures requirement of section 172(c)(9) of
the Act. The SIP provides that the measures contained in the rule must
take effect without further action by the State or USEPA should USEPA
determine that the Wayne County nonattainment area has failed to
achieve RFP or to attain the PM standard. Within 60 days of
notification by MDNR or USEPA of a violation of the PM NAAQS, companies
located within a one mile radius centered around the monitor which
recorded the violation must be in compliance with the opacity limit,
implement the fugitive dust control strategies, or commence the
schedule to implement the process or combustion source control
strategies described in the rule. The October 24, 1995 Technical
Support Document contains a more detailed explanation of the rule's
requirements.
Final Action
In this action, USEPA is approving the SIP revision submitted to
USEPA by the State of Michigan on July 13, 1995 for the Wayne County PM
nonattainment area. Specifically, USEPA is approving State
Administrative Rule 374 (R 336.1374), effective July 26, 1995, as
intended to satisfy the contingency measures requirement specified in
section 172(c)(9) of the Act.
Miscellaneous
Comment and Approval Procedure
The USEPA is publishing this action without prior proposal because
USEPA views this action as a noncontroversial revision and anticipates
no adverse comments. However, USEPA is publishing a separate document
in this Federal Register publication, which constitutes a ``proposed
approval'' of the requested SIP revision and clarifies that the
rulemaking will not be deemed final if timely adverse or critical
comments
[[Page 7996]]
are filed. The ``direct final'' approval shall be effective on April
30, 1996, unless USEPA receives adverse or critical comments by April
1, 1996.
If USEPA receives comments adverse to or critical of the approval
discussed above, USEPA will withdraw this approval before its effective
date, and publish a subsequent Federal Register document which
withdraws this final action. All public comments received will then be
addressed in a subsequent document.
Any parties interested in commenting on this action should do so at
this time. If no such comments are received, USEPA hereby advises the
public that this action will be effective on April 30, 1996.
Applicability to Future SIP Decisions
Nothing in this action should be construed as permitting, allowing
or establishing a precedent for any future request for revision to any
SIP. Each request for a 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.
Executive Order 12866
This action has been classified as a Table 3 action 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 has exempted this
regulatory action from Executive Order 12866 review.
Regulatory Flexibility
Under the Regulatory Flexibility Act, 5 U.S.C. Section 600 et seq.,
USEPA must prepare a regulatory flexibility analysis assessing the
impact of any proposed or final rule on small entities (5 U.S.C.
Sections 603 and 604). Alternatively, USEPA may certify that the rule
will not have a significant impact on a substantial number of small
entities. Small entities include small businesses, small not-for-profit
enterprises, and government entities with jurisdiction over populations
of less than 50,000. This approval does not create any new
requirements.
Therefore, I certify that this action does not have a significant
impact on any small entities affected. Moreover, due to the nature of
the Federal-State relationship under the Act, preparation of the
regulatory flexibility analysis would constitute Federal inquiry into
the economic reasonableness of the State action. The Act forbids USEPA
to base its actions concerning SIPs on such grounds. Union Electric Co.
v. U.S. EPA, 427 U.S. 246, 256-66 (1976).
Unfunded Mandates
Under section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, USEPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
costs to State, local, or tribal governments in the aggregate; or to
the private sector, of $100 million or more. Under section 205, USEPA
must select the most cost-effective and least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 requires USEPA to establish a plan
for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
The USEPA has determined that the approval action promulgated today
does not include a Federal mandate that may result in estimated costs
of $100 million or more to either State, local, or tribal governments
in the aggregate, or to the private sector.
This Federal action approves pre-existing requirements under State
or local law, and imposes no new Federal requirements. Accordingly, no
additional costs to State, local, or tribal governments, or the private
sector, result from this action.
Petitions for Judicial Review
Under section 307(b)(1) of the Act, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit April 30, 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 a rule. 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, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements.
Note: Incorporation by reference of the SIP for the State of
Michigan was approved by the Director of the Federal Register on
July 1, 1982.
Dated: December 14, 1995.
Valdas V. Adamkus,
Regional Administrator.
40 CFR part 52 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 X--Michigan
2. 52.1170 is amended by adding paragraph (c)(104) to read as
follows:
* * * * *
(c) * * *
(104) On July 13, 1995, the Michigan Department of Natural
Resources (MDNR) submitted a contingency measures plan for the Wayne
County particulate matter nonattainment area.
(i) Incorporation by reference.
(A) State of Michigan Administrative Rule 374 (R 336.1374),
effective July 26, 1995.
[FR Doc. 96-4848 Filed 2-29-96; 8:45 am]
BILLING CODE 6560-50-P
Complete official Federal Register PDF
FR Doc. 96-4815 List of Communities Eligible for the Sale of Flood Insurance
[Federal Register Volume 61, Number 42 (Friday, March 1, 1996)]
[Rules and Regulations]
[Pages 7997-7999]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4815]
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FEDERAL EMERGENCY MANAGEMENT AGENCY
44 CFR Part 64
[Docket No. FEMA-7635]
List of Communities Eligible for the Sale of Flood Insurance
AGENCY: Federal Emergency Management Agency (FEMA).
ACTION: Final rule.
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SUMMARY: This rule identifies communities participating in the National
Flood Insurance Program (NFIP). These communities have applied to the
program and have agreed to enact certain floodplain management
measures. The communities' participation in the program authorizes the
sale of flood insurance to owners of property located in the
communities listed.
EFFECTIVE DATES: The dates listed in the third column of the table.
ADDRESSES: Flood insurance policies for property located in the
communities listed can be obtained from any licensed property insurance
agent or broker serving the eligible community, or from the NFIP at:
Post Office Box 6464, Rockville, MD 20849, (800) 638-6620.
FOR FURTHER INFORMATION CONTACT: Robert F. Shea, Jr., Division
Director, Program Implementation Division, Mitigation Directorate, 500
C Street SW., room 417, Washington, DC 20472, (202) 646-3619.
SUPPLEMENTARY INFORMATION: The NFIP enables property owners to purchase
flood insurance which is generally not otherwise available. In return,
communities agree to adopt and administer local floodplain management
measures aimed at protecting lives and new construction from future
flooding. Since the communities on the attached list have recently
entered the NFIP, subsidized flood insurance is now available for
property in the community.
In addition, the Director of the Federal Emergency Management
Agency has identified the special flood hazard areas in some of these
communities by publishing a Flood Hazard Boundary Map (FHBM) or Flood
Insurance Rate Map (FIRM). The date of the flood map, if one has been
published, is indicated in the fourth column of the table. In the
communities listed where a flood map has been published, Section 102 of
the Flood Disaster Protection Act of 1973, as amended, 42 U.S.C.
4012(a), requires the purchase of flood insurance as a condition of
Federal or federally related financial assistance for acquisition or
construction of buildings in the special flood hazard areas shown on
the map.
The Director finds that the delayed effective dates would be
contrary to the public interest. The Director also finds that notice
and public procedure under 5 U.S.C. 553(b) are impracticable and
unnecessary.
National Environmental Policy Act. This rule is categorically
excluded from the requirements of 44 CFR Part 10, Environmental
Considerations. No environmental impact assessment has been prepared.
Regulatory Flexibility Act. The Acting Associate Director certifies
that this rule will not have a significant economic impact on a
substantial number of small entities in accordance with the Regulatory
Flexibility Act, 5 U.S.C. 601 et seq., because the rule creates no
additional burden, but lists those communities eligible for the sale of
flood insurance.
Regulatory Classification. This final rule is not a significant
regulatory action under the criteria of section 3(f) of Executive Order
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR
51735.
Paperwork Reduction Act. This rule does not involve any collection
of information for purposes of the Paperwork Reduction Act, 44 U.S.C.
3501 et seq.
Executive Order 12612, Federalism. This rule involves no policies
that have federalism implications under Executive Order 12612,
Federalism, October 26, 1987, 3 CFR, 1987 Comp., p. 252.
Executive Order 12778, Civil Justice Reform. This rule meets the
applicable standards of section 2(b)(2) of Executive Order 12778,
October 25, 1991, 56 FR 55195, 3 CFR, 1991 Comp., p. 309.
[[Page 7998]]
List of Subjects in 44 CFR Part 64
Flood insurance, Floodplains.
Accordingly, 44 CFR part 64 is amended as follows:
PART 64--[AMENDED]
1. The authority citation for Part 64 continues to read as follows:
Authority: 42 U.S.C. 4001 et seq., Reorganization Plan No. 3 of
1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR,
1979 Comp., p. 376.
Sec. 64.6 [Amended]
2. The tables published under the authority of Sec. 64.6 are
amended as follows:
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Community
State/location No. Effective date of eligibility Current effective map date
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New Eligibles--Emergency Program
Georgia: Fort Gaines, city of, Clay 130550 December 5, 1995.............
County.
Oklahoma: Davidson, town of, Tillman 400204 December 8, 1995.............
County.
Washington: Yacolt, town of, Clark 530269 December 14, 1995............ July 2, 1976.
County.
Montana: Sanders County, 300072 December 20, 1995............ March 13, 1979.
unincorporated areas.
North Dakota: Pingree, city of, 380126 January 19, 1996.
Stutsman County.
Kentucky: Rockcastle County, 210331 January 26, 1996.
unincorporated areas.
Michigan: Wells, township of, Delta 260388 ......do.....................
County.
Ohio: Washingtonville, village of, 390087 ......do..................... June 4, 1976.
Columbiana and Mahoning Counties.
Tennessee: Louisville, town of, 470405 ......do.....................
Blount County.
Massachusetts: Ashby, town of, 250178 January 31, 1996............. April 29, 1977.
Middlesex County.
New Eligibles--Regular Program
New York: West Hampton Dunes, village 361649 December 8, 1995.
of, Suffolk County 1.
Wisconsin: Sun Prairie, city of, Dane 550573 December 11, 1995............ January 17, 1991.
County.
Texas: Josephine, city of, Collin and 480756 December 15, 1995............ January 19, 1996.
Hunt Counties.
Reinstatements
Indiana: Harrison County, 180085 March 19, 1975, Emerg.; November 1, 1995.
unincorporated areas. November 1, 1995, Reg.;
November 1, 1995, Susp.;
December 4, 1995, Rein.
New Jersey:
Leonia, borough of, Bergen County 340045 August 25, 1975, Emerg.; July September 20, 1995.
5, 1982, Reg.; September 20,
1995, Susp.; December 4,
1995, Rein.
North Arlington, borough of, 340055 July 3, 1975, Emerg.; April Do.
Bergen County. 3, 1978, Reg.; September 20,
1995, Susp.; December 4,
1995, Rein.
Pennsylvania:
Churchill, borough of, Allegheny 420023 July 2, 1974, Emerg.; October 4, 1995.
County. December 15, 1974, Reg.;
October 4, 1995, Susp.;
December 5, 1995, Rein.
Ohio, township of, Allegheny 421089 September 26, 1975, Emerg.; Do.
County. November 4, 1988, Reg.;
October 4, 1995, Susp.;
December 5, 1995, Rein.
Springdale, borough of, Allegheny 421282 October 30, 1974, Emerg.; Do.
County. July 16, 1980, Reg.; October
4, 1995, Susp.; December 5,
1995, Rein.
Kilbuck, township of, Allegheny 421073 August 18, 1975, Emerg.; Do.
County. February 1, 1980, Reg.;
October 4, 1995, Susp.;
December 6, 1995, Rein.
Scott, township of, Allegheny 421100 October 9, 1974, Emerg.; May Do.
County. 3, 1982, Reg.; October 4,
1995, Susp.; December 12,
1995, Rein.
South Park, township of, 421165 April 26, 1974, Emerg.; Do.
Allegheny County. November 5, 1980, Reg.;
October 4, 1995, Susp.;
December 12, 1995, Rein.
Hamilton, township of, Monroe 421888 March 31, 1978, Emerg.; March September 6, 1995.
County. 2, 1989, Reg.; September 6,
1995, Susp.; December 15,
1995, Rein.
New Jersey:
Midland Park, borough of, Bergen 340051 May 26, 1972, Emerg.; September 20, 1995.
County. September 30, 1977, Reg.;
September 20, 1995, Susp.;
December 18, 1995, Rein.
Palisades Park, borough of, 340061 May 22, 1975, Emerg.; June 1, Do.
Bergen County. 1982, Reg.; September 20,
1995, Susp.; December 18,
1995, Rein.
Pennsylvania: Roscoe, borough of, 420858 March 20, 1975, Reg.; October October 18, 1995.
Washington County. 18, 1995, Susp.; December
19, 1995, Rein.
New Jersey:
Garfield, city of, Bergen County. 340037 May 5, 1972, Emerg.; September 20, 1995.
September 20, 1995, Reg.;
September 20, 1995, Susp.;
January 22, 1996, Rein.
Tenafly, borough of, Bergen 340076 April 21, 1975, Emerg.; April Do.
County. 15, 1980, Reg.; September
20, 1995, Susp.; January 22,
1996, Rein.
Pennsylvania:
Shaler, township of, Allegheny 421101 April 22, 1974, Emerg.; March October 4, 1995.
County. 18, 1980, Reg.; October 4,
1995, Susp.; January 22,
1996, Rein.
California, borough of, 420848 July 5, 1974, Emerg.; June September 6, 1995.
Washington County. 15, 1981, Reg.; September 6,
1995, Susp.; January 22,
1996, Rein.
Dunlevy, borough of, Washington 422133 December 5, 1974, Emerg.; October 18, 1995.
County. July 16, 1981, Reg.; October
18, 1995, Susp.; January 22,
1996, Rein.
[[Page 7999]]
Oakdale, borough of, Allegheny 420059 July 22, 1975, Emerg.; August October 4, 1995.
County. 15, 1983, Reg.; October 4,
1995, Susp.; January 22,
1996, Rein.
Ross, township of, Allegheny 420979 October 24, 1973, Emerg.; Do.
County. December 28, 1979, Reg.;
October 4, 1995, Susp.;
January 22, 1996, Rein.
Pittsburgh, city of, Allegheny 420063 April 13, 1973, Emerg.; Do.
County. December 15, 1981, Reg.;
October 4, 1995, Susp.;
January 22, 1996, Rein.
South Fayette, township of, 421106 October 30, 1974, Emerg.; Do.
Allegheny County. February 3, 1982, Reg.;
October 4, 1995, Susp.;
January 22, 1996, Rein.
Indiana: Hendricks County, 180415 March 17, 1975, Emerg.; March March 16, 1981.
unincorporated areas. 16, 1981, Reg.; June 2,
1994, Susp.; January 22,
1996, Rein.
Virginia: Haymarket, town of, Prince 510121 January 31, 1990, Reg.; January 5, 1995.
William County. January 5, 1995, Susp.;
January 22, 1996, Rein.
Pennsylvania:
Ben Avon, borough of, Allegheny 420010 June 2, 1976, Emerg.; July October 4, 1995.
County. 16, 1981, Reg.; October 4,
1995, Susp.; January 23,
1996, Rein.
Wilkins, township of, Allegheny 420090 March 16, 1973, Emerg.; Do.
County. September 29, 1978, Reg.;
October 4, 1995, Susp.;
January 23, 1996, Rein.
East Deer, township of, Allegheny 421061 February 5, 1975, Emerg.; Do.
County. August 15, 1980, Reg.;
October 4, 1995, Susp.;
January 25, 1996, Rein.
Iowa: Humboldt, city of, Humboldt 190155 January 28, 1975, Emerg.; May May 19, 1981.
County. 19, 1981, Reg.; November 6,
1991, Susp.; January 25,
1996, Rein.
Pennsylvania:
Franklin Park, borough of, 420037 January 10, 1975, Emerg.; October 4, 1995.
Allegheny County. January 1, 1982, Reg.;
October 4, 1995, Susp.;
January 26, 1996, Rein.
Millvale, borough of, Allegheny 420053 May 21, 1973, Emerg.; July Do.
County. 16, 1979, Reg.; October 4,
1995, Susp.; January 26,
1996, Rein.
Sewickly, borough of, Allegheny 420070 November 22, 1974, Emerg.; Do.
County. September 14, 1979, Reg.;
October 4, 1995, Susp.;
January 30, 1996, Rein.
Indiana: Princeton, city of, 180073 March 19, 1975, Emerg.; January 21, 1983.
Allegheny County. January 21, 1983, Reg.;
August 16, 1993, Susp.;
January 30, 1996, Rein.
----------------------------------------------------------------------------------------------------------------
1 The Village of West Hampton Dunes has adopted the Town of Southampton's (CID #365342) Flood Insurance Rate Map
(FIRM) and Flood Insurance Study dated 7-2-87 for floodplain management and insurance purposes.
Code for reading third column: Emerg.- Emergency; Reg.- Regular; Rein.- Reinstatement; Susp.- Suspension; With.-
Withdrawn.
(Catalog of Federal Domestic Assistance No. 83.100, ``Flood
Insurance'')
Issued: February 20, 1996.
Richard W. Krimm,
Acting Associate Director, Mitigation Directorate.
[FR Doc. 96-4815 Filed 2-29-96; 8:45 am]
BILLING CODE 6718-05-P
Complete official Federal Register PDF
FR Doc. 96-4797 Treatment of Reusable Shipping Devices Arriving From Canada or Mexico
[Federal Register Volume 61, Number 42 (Friday, March 1, 1996)]
[Rules and Regulations]
[Pages 7987-7990]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4797]
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DEPARTMENT OF THE TREASURY
Customs Service
19 CFR Parts 10 and 113
[T.D. 96-20]
RIN 1515-AB51
Treatment of Reusable Shipping Devices Arriving From Canada or
Mexico
AGENCY: Customs Service, Department of the Treasury.
ACTION: Final rule.
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SUMMARY: This document amends the Customs Regulations to allow certain
foreign- or U.S.-manufactured shipping devices arriving from Canada or
Mexico to be released, under specified conditions, without entry and
payment of duty at the time of arrival and without the devices being
serially numbered or marked, if they are always transported on or
within either intermodal and similar containers which are themselves
vehicles or vehicle appurtenances and accessories. As millions of these
devices are used annually in hundreds of millions of transportation
moves between the United States and Canada or Mexico, Customs has
determined that requiring the importing and exporting communities to
individually mark and track these devices places a burden on commerce
that may be alleviated.
EFFECTIVE DATE: April 1, 1996.
FOR FURTHER INFORMATION CONTACT: Louis Hryniw, Regulatory Audit, (202-
927-1100).
SUPPLEMENTARY INFORMATION:
Background
Pursuant to Chapter 98, Subchapter III, U.S. Note 3, Harmonized
Tariff Schedule of the United States (HTSUS) (19 U.S.C. 1202), in order
to facilitate the prompt clearance at ports of entry of certain
substantial containers and holders, the Secretary of the Treasury is
authorized to permit the admission of such devices without entry and to
permit any duties thereon to be paid cumulatively from time to time
either before or after their importation when conditions exist which
permit adequate Customs controls to be maintained.
In this connection, Customs received a petition from, and met with
representatives of, the American Automobile Manufacturers Association
(AAMA) concerning an amendment to Sec. 10.41b, Customs Regulations (19
CFR 10.41b), intended to ease the burden of serially numbering and
marking certain containers or holders arriving from Canada or Mexico,
as otherwise generally required thereunder.
After reviewing the AAMA proposal, Customs concluded that the
requirements to serially number and mark the substantial holders and
containers in question could be eased under the circumstances without
risking a loss of control or revenue.
Accordingly, by a document published in the Federal Register on
November 1, 1994 (59 FR 54537), Customs proposed to amend Sec. 10.41b,
to allow certain foreign-made shipping devices arriving from Canada or
Mexico to be released without entry and payment of applicable duty, and
without the devices being serially numbered or marked, following the
submission and approval of an application by the importer or his agent
in this regard.
Such application had to, among other things, describe the subject
shipping devices, identify the ports where they would arrive and depart
the U.S., and set forth the program for accounting for and reporting
the shipping devices to Customs. If the application were approved, the
importer or agent would submit to Customs a periodic report for the
shipping devices, which could not be less frequent than annual, using
his own accounting and recordkeeping procedures to keep track of the
devices. Records supporting the periodic reports of the shipping
devices would have to be retained for at least 3 years from the date
the reports were filed with Customs. Any duty applicable to the devices
would have to be tendered cumulatively at the time specified in the
approved application. Such tender could not occur more than 90 days
following the end of the related reporting period.
In the event the application were to be denied by Customs at the
initial stage, a right of appeal was also provided in the proposal.
Since duty under the proposal would be due on all shipping devices
acquired within the period covered by the periodic report which the
applicant would undertake to file, even though the devices might not
have yet been used in transborder traffic, accounting for specific
movements of the devices or for diversions to domestic traffic would be
superfluous.
Eight comments, including one from the AAMA, were received in
response to the notice of proposed rulemaking, six supporting the
proposal, with one posing a number of questions regarding the bond
conditions applicable under the proposed program. Another comment
advocated that the proposal be expanded to allow substantial holders or
outer containers formally designated as ``instruments of international
traffic'' to be temporarily diverted, from time to time, to domestic
traffic without an entry being required therefore. Customs finds that
this latter comment would have to be the subject of a separate
publication, inasmuch as it clearly falls outside the scope of the
published notice.
A discussion of the specific issues that were raised with respect
to the proposed program itself, together with Customs response thereto,
is set forth below.
Discussion of Comments
Comment: The AAMA in its comment wanted the proposed regulation
clarified to state explicitly that an approval by one Customs office of
an importer's application for tracking and reporting on its shipping
devices would constitute an approval binding on all Customs offices
nationwide. Also, it was recommended that the proposed regulation be
revised to reflect the Customs Reorganization Plan, which eliminated
regional and district offices.
Response: An approval by the Customs office with which the subject
application is filed would indeed be binding on all Customs offices
nationwide. Section 10.41b(b)(4) is changed by adding an express
provision to this effect, and by deleting the provision therefrom
indicating that approval would be limited to those Customs offices
listed in the application. Likewise, Sec. 10.41b(b)(2)(ii) is changed
to make clear that only the intended ports where it is anticipated the
devices will be arriving and departing the U.S. need be listed in the
application. The applicant should of course endeavor to fully
anticipate and list in the application all ports to be involved in the
program.
Also, Sec. 10.41b(b) is changed to reflect the Customs
Reorganization Plan, by
[[Page 7988]]
providing that the application would be filed with a port director,
instead of with a district director; and by providing that a right of
appeal would lie with the Assistant Commissioner, Office of Field
Operations, rather than with a regional commissioner, should the
application be denied.
Comment: The AAMA also observed that Sec. 113.66 of the Customs
Regulations (19 CFR 113.66) cited in proposed Sec. 10.41b(b)(3)
regarding the bond requirements for the importer's recordkeeping and
reporting program did not itself make corresponding provision for these
requirements; accordingly, the AAMA recommended that Sec. 113.66 be
appropriately amended to reiterate the basic requirements set forth for
the program in proposed Sec. 10.41b(b), to which the underlying bond
would relate.
Furthermore, a surety association posed a number of questions about
the bond requirements occasioned under the proposed amendment, viewing
the proposal as appearing not to provide sufficient information in this
matter. In particular, this commenter wanted the intended coverage
under the bond clarified, together with the basis both for assessing
liquidated damages under the bond, and for setting the limit of the
bond.
Additionally, this commenter compared the 3-year record retention
requirement of the proposal to 19 U.S.C. 1508(c) which enabled Customs
to require the retention of records relating to import transactions for
up to 5 years, and asked in this context which time frame would be
applicable. This commenter further wanted to know whether the
importer's accounting or auditing records, which would be relied upon
by Customs to establish compliance with the proposed program, would be
available to the surety as well.
Response: Section 113.66 has been revised to replicate the
importer's basic recordkeeping and reporting obligations concerning the
subject shipping devices, which would be covered by the bond, as
already amply evidenced in the proposed amendment of Sec. 10.41b.
Customs believes that the proposed rule in this regard adequately
framed the subject matter thereof for effective evaluation and comment.
To this end, Sec. 113.66 is revised by redesignating paragraph (c) as
paragraph (d), and by making corresponding provision for the bond
requirements in a new paragraph (c).
In this latter respect, liquidated damages under the bond would be
determined in the manner provided in Sec. 10.41b(b)(3) and in newly
redesignated Sec. 113.66(d) (formerly Sec. 113.66(c)). Specifically, if
the conditions of the bond were violated, the port director could issue
a claim for liquidated damages in an amount equal to the domestic value
of the container.
Likewise, the setting of the bond limit will follow the existing
guidelines previously issued pursuant to Secs. 113.12 and 113.13,
Customs Regulations (19 CFR 113.12, 113.13); for activity code 3a bonds
(applicable to substantial holders or outer containers under
Sec. 10.41b), this means that bond liability would be fixed at $10,000
or such larger amount as deemed necessary to accomplish the purpose for
which the bond is given.
By the same token, a surety's access to an importer's business
records relating to the reports of its shipping devices would be
dependent, once again, on Customs existing practices in this general
area, and, in particular, on the Freedom of Information Act, as amended
(5 U.S.C. 552), and the Trade Secrets Act, as amended (18 U.S.C. 1905).
The record retention period under 19 U.S.C. 1508(c) is tied to the
date of entry. The shipping devices in question, however, will not be
subject to entry as such, and Customs is satisfied that a record
retention requirement of 3 years from the date the importer's reports
of the shipping devices are filed with Customs would be sufficient
under the circumstances.
Comment: One commenter observed that the rule should be expanded to
apply equally to similar shipping devices of U.S. manufacture, inasmuch
as they should not be placed in a less favorable competitive position
than the foreign articles.
Response: Customs agrees. Section 10.41b(b) is amended accordingly.
Comment: Two commenters asked that the program not be limited to
reusable shipping devices arriving only from Canada or Mexico. It was
stated that Part I, Article I, of the GATT (General Agreement on
Tariffs and Trade) mandated uniform treatment for like products
originating from all contracting parties.
Response: Customs has concluded that a rational basis exists for
limiting the amendment, at least initially, to reusable shipping
containers and holders arriving from Canada or Mexico, inasmuch as
these countries are contiguous to the U.S., and it is believed that the
amendment as thus circumscribed can be safely implemented without
risking a loss of revenue or a loss of effective Customs control with
respect to the shipping devices concerned. Customs thus does not
perceive this limitation on the rule as violative of the GATT.
However, Customs finds significant merit in the commenter's
request, and will proceed to expeditiously review the prospect of
further extending the program.
Conclusion
In view of the foregoing, and following careful consideration of
the comments received and further review of the matter, Customs has
concluded that the proposed amendment with the modifications discussed
above should be adopted.
In addition, in order to apprise the Customs inspector that the
shipping devices in question have been relieved from having to be
serially numbered or marked as otherwise mandated under Sec. 10.41b,
the introductory text of Sec. 10.41b(b) is revised to require that a
notation appear on the manifest for the transporting vehicle or vessel
to the effect that such shipping devices have been exempted from serial
numbering or marking requirements pursuant to an application approved
under 19 CFR 10.41b(b). Also, Customs has determined to amend
Sec. 10.41b(b)(2)(vi) in order to emphasize that the location of the
supporting records in the U.S., which is required to be identified in
the importer's application, must be so identified therein by specific
name and address; and Sec. 10.41b(b)(6) is changed to provide that if
an approved application should later be revoked by the port director,
the procedures described in Sec. 10.41b(b)(5) will apply. Furthermore,
at the end of the introductory text of Sec. 10.41b(b), a provision is
added that pallets and other solid wood shipping devices must be
accompanied by an importer document, to the extent that this is
required by the Animal and Plant Health Inspection Service, Department
of Agriculture, regarding plant pest risk.
Regulatory Flexibility Act and Executive Order 12866
For the reasons set forth in the preamble, pursuant to the
provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), it
is certified that the amendments will not have a significant economic
impact on a substantial number of small entities. Accordingly, it is
not subject to the regulatory analysis requirements of 5 U.S.C. 603 and
604. Nor do the amendments result in a ``significant regulatory
action'' under E.O. 12866.
Drafting Information: The principal author of this document was
Russell Berger, Regulations Branch, U.S. Customs Service. However,
personnel from other offices participated in its development.
[[Page 7989]]
List of Subjects
19 CFR Part 10
Alterations, Bonds, Customs duties and inspection, Exports,
Imports, Preference programs, Repairs, Reporting and recordkeeping
requirements, Trade agreements.
19 CFR Part 113
Air carriers, Customs duties and inspection, Exports, Freight,
Imports, Surety bonds, Vessels.
Amendments to the Regulations
Parts 10 and 113, Customs Regulations (19 CFR parts 10 and 113),
are amended as set forth below.
PART 10--ARTICLES CONDITIONALLY FREE, SUBJECT TO A REDUCED RATE,
ETC.
1. The general authority citation for part 10 continues to read as
follows, and the specific sectional authority for part 10 is amended by
adding specific sectional authority for Sec. 10.41b, in appropriate
numerical order thereunder, to read as follows:
Authority: 19 U.S.C. 66, 1202 (General Note 20, Harmonized
Tariff Schedule of the United States (HTSUS)), 1321, 1481, 1484,
1498, 1508, 1623, 1624;
* * * * *
Section 10.41b also issued under 19 U.S.C. 1202 (Chapter 98,
Subchapter III, U.S. Note 3, Harmonized Tariff Schedule of the U.S.
(HTSUS));
* * * * *
2. Section 10.41b is amended by redesignating paragraphs (b), (c),
(d), (e), (f), (g) and (h) as (c), (d), (e), (f), (g), (h) and (i),
respectively, and by adding a new paragraph (b) to read as follows:
Sec. 10.41b Clearance of serially numbered substantial holders or
outer containers.
* * * * *
(b) Subject to the approval of a port director pursuant to the
procedures described in this paragraph, certain foreign- or U.S.-made
shipping devices arriving from Canada or Mexico, 12 including racks,
holders, pallets, totes, boxes and cans, need not be serially numbered
or marked if they are always transported on or within either intermodal
and similar containers or containers which are themselves vehicles or
vehicle appurtenances and accessories such as twenty and forty foot
containers of general use and ``igloo'' air freight containers. The
following or similar notation shall appear on the vehicle or vessel
manifest in relation to such shipping devices which are exempt from
serial numbering or marking requirements pursuant to this paragraph:
``The shipping devices transported herein, which are not serially
numbered or marked, have been exempted from such requirement pursuant
to an application approved under 19 CFR 10.41b(b).'' Also, pallets and
other solid wood shipping devices must be accompanied by an importer
document, to the extent that this is required by the U.S. Department of
Agriculture, Animal and Plant Health Inspection Service, attesting to
the admissibility of such devices as regards plant pest risk, as
provided for in 7 CFR 319.40-3.
(1) An importer or his agent, regardless of whether the importer is
the owner of the foreign- or U.S.-manufactured shipping devices, may
apply to a port director of Customs at one of the importer's chiefly
utilized Customs ports or the port within which the importer's or
agent's recordkeeping center is located for permission to have such
shipping devices arriving from Canada or Mexico released without entry
and payment of duty at the time of arrival and without the devices
being serially 13 numbered or marked. Application may be filed in only
one port. Although no particular format is specified for the
application, it must contain the information enumerated in paragraph
(b)(2) of this section. Any duty which may be due on these shipping
devices shall be tendered and paid cumulatively at the time specified
in an approved application, which may be either before or after the
arrival of the shipping devices in the U.S. (such as, at the time a
contract, purchase order or lease agreement is issued).
(2) The application shall:
(i) Describe the types of shipping devices covered, their
classification under the Harmonized Tariff Schedule of the U.S.
(HTSUS), their countries of origin, and whether and to whom required
duty was paid for them or when it will be paid for them, including
duties for repair and modifications to such shipping devices while
outside the U.S.;
(ii) Identify the intended ports where it is anticipated the
shipping devices will be arriving and departing the U.S., as well as
the particular movements and conveyances in which they are intended to
be utilized;
(iii) Describe the applicant's proposed program for accounting for
and reporting these shipping devices;
(iv) Identify the reporting period (which shall in no event be less
frequent than annual), as well as the payment period within which
applicable duty and fees must be tendered 14 (which shall in no event
exceed 90 days following the close of the related reporting period);
(v) Describe the type of inventory control and recordkeeping,
including the specific records, to be maintained to support the reports
of the shipping devices; and
(vi) Provide the location in the United States, including the name
and address, where the records supporting the reports will be retained
by law and will be made available for inspection and audit upon
reasonable notice. (The records supporting the reports of the shipping
devices must be kept for a period of at least 3 years from the date
such reports are filed with the port director.)
(3) The application shall be filed along with a continuous bond
containing the conditions set forth in Sec. 113.66(c) of this chapter.
If the application is approved by the port director and the conditions
set forth in the application or of the bond are violated, the port
director may issue a claim for liquidated damages equal to the domestic
value of the container. If the domestic value exceeds the amount of the
bond, the claim for liquidated damages will be equal to the amount of
the bond.
(4) The port director receiving the application shall evaluate the
program proposed to account for, report and maintain records of the
shipping devices. The port director may suggest amendments to the
applicant's proposal. The port director shall notify the applicant in
writing of his decision on the 15 application within 90 days of its
receipt, unless this period is extended for good cause and the
applicant is so informed in writing. Approval of the application by the
port director with whom it is filed shall be binding on all Customs
ports nationwide.
(5) If the decision is to deny the application, in whole or in
part, the port director shall specify the reason for the denial in a
written reply, and inform the applicant that such denial may be
appealed to the Assistant Commissioner, Office of Field Operations,
Customs Headquarters, within 21 days of its date. The Assistant
Commissioner's decision shall be issued, in writing, within 30 days of
the receipt of the appeal, and shall constitute the final Customs
determination concerning the application.
(6) If the application is approved, an importer may later apply to
amend his application to add or delete particular types of shipping
devices listed in the application in which the procedures set forth in
the application may be utilized. If a requested amendment to an
approved application should be denied, or if an approved application
should be
[[Page 7990]]
revoked, in whole or in part, by the port director, the procedures
described in paragraph (b)(5) of this section shall apply.
(7) Application for and approval of a reporting program shall not
limit or restrict the use of other alternative 16 means for obtaining
the release of holders, containers and shipping devices.
* * * * *
PART 113--CUSTOMS BONDS
1. The general authority citation for part 113 continues to read as
follows:
Authority: 19 U.S.C. 66, 1623, 1624.
* * * * *
2. Section 113.66 is amended by redesignating paragraph (c) as (d)
and by adding a new paragraph (c) to read as follows:
Sec. 113.66 Control of containers and instruments of international
traffic bond conditions.
* * * * *
(c) Agreement to comply with application approved under 19 CFR
10.41b(b). If the principal establishes a program for the cross-border
movements of shipping devices based upon an application approved as
provided in Sec. 10.41b(b) of this chapter (19 CFR 10.41b(b)), the
principal agrees:
(1) To timely file complete and accurate reports on the shipping
devices, and to pay any applicable duty due on the devices and repairs
made to such devices, as provided in the approved application;
(2) To retain complete and accurate records regarding the shipping
devices, and to make such records available to Customs for inspection
and audit upon reasonable notice, as also required in the approved
application; and
(3) To otherwise comply with every other condition of the approved
application.
Approved: January 31, 1996.
George J. Weise,
Commissioner of Customs.
Dennis M. O'Connell,
Acting Deputy Assistant Secretary of the Treasury.
[FR Doc. 96-4797 Filed 2-29-96; 8:45 am]
BILLING CODE 4820-02-P
Complete official Federal Register PDF
FR Doc. 96-4789 Radio Broadcasting Services; Hazlehurst, Utica & Vicksburg, MS
[Federal Register Volume 61, Number 42 (Friday, March 1, 1996)]
[Rules and Regulations]
[Page 7999]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4789]
=======================================================================
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 73
[MM Docket No. 93-158; RM-8239 and RM-8317]
Radio Broadcasting Services; Hazlehurst, Utica & Vicksburg, MS
AGENCY: Federal Communications Commission.
ACTION: Final rule; petition for reconsideration.
-----------------------------------------------------------------------
SUMMARY: The Commission denies the petition filed by Donald Brady
(``Brady'') for reconsideration of the Report and Order in MM Docket
93-158, 59 FR 55593, November 8, 1994. The Report and Order substituted
Channel 265C2 for Channel 225A, Utica, Mississippi, substituted Channel
267A for Channel 266A, Vicksburg, Mississippi, and substituted Channel
225A for Channel 265C3 at Hazlehurst, Mississippi. The Notice
erroneously indicated that the upgrade at Utica was a non-adjacent
upgrade rather than an incompatible channel swap. The Commission
concluded that it was within the scope of the Notice to treat the Utica
upgrade as an incompatible channel swap, thereby obviating the need for
competing expressions of interest in the channel. With this action,
this proceeding is terminated.
FOR FURTHER INFORMATION CONTACT: Kathleen Scheuerle, Mass Media Bureau,
(202) 418-2180.
List of Subjects in 47 CFR Part 73
Radio broadcasting.
Federal Communications Commission.
Douglas W. Webbink,
Chief, Policy and Rules Division, Mass Media Bureau.
[FR Doc. 96-4789 Filed 2-29-96; 8:45 am]
BILLING CODE 6712-01-F
Complete official Federal Register PDF
FR Doc. 96-4788 Radio Broadcasting Services: Farmington, Grass Valley, Jackson, Linden, Placerville and Fair Oaks, CA, and Carson City and Sun Valley, NV
[Federal Register Volume 61, Number 42 (Friday, March 1, 1996)]
[Rules and Regulations]
[Pages 7999-8000]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4788]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 73
[MM Docket No. 90-189; RM-6904, RM-7114, RM-7186, RM-7415, RM-7298]
Radio Broadcasting Services: Farmington, Grass Valley, Jackson,
Linden, Placerville and Fair Oaks, CA, and Carson City and Sun Valley,
NV
AGENCY: Federal Communications Commission.
ACTION: Final rule, petition for reconsideration.
-----------------------------------------------------------------------
SUMMARY: This document dismisses a Petition for Reconsideration filed
by Gold Country Communications, Inc. directd to the First Report and
Order in this proceeding. See 60 FR 48425, September 19, 1995.
EFFECTIVE DATE: March 1, 1996.
FOR FUTHER INFORMATION CONTACT: Robert Hayne, Mass Media Bureau, (202)
418-2180.
SUPPLEMENTARY INFORMATION: This is a synopsis of the Memorandum Opinion
and Order in MM Docket No. 90-189, adopted November 15, 1995, and
released February 22, 1996. The full text of this decision is available
for
[[Page 8000]]
inspection and copying during normal business hours in the FCC Dockets
Branch (Room 230), 1919 M Street, NW., Washington, DC. The complete
text of this decision may also be purchased from the Commission's copy
contractor, International Transcription Service, (202) 857-3800, 2100 M
Street, NW., Washington, DC 20037.
List of Subjects in 47 CFR Part 73
Radio broadcasting.
Federal Communications Commisson.
Douglas W. Webbink,
Chief, Policy and Rules Division, Mass Media Bureau.
[FR Doc. 96-4788 Filed 2-29-96; 8:45 am]
BILLING CODE 6712-01-F
Complete official Federal Register PDF
FR Doc. 96-4786 Television Broadcasting Services; Farmington and Gallup, NM
[Federal Register Volume 61, Number 42 (Friday, March 1, 1996)]
[Rules and Regulations]
[Page 8000]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4786]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 73
[MM Docket No. 92-81; RM-7875]
Television Broadcasting Services; Farmington and Gallup, NM
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Commission, at the request of Pulitzer Broadcasting
Company, reallots Channel 3 from Gallup to Farmington, New Mexico, as
the community's second local television service, and modifies the
construction permit of Station KOAV-TV accordingly. See 57 FR 14554,
April 21, 1992. Channel 3 can be allotted to Farmington in compliance
with the Commission's minimum distance separation requirements with a
site restriction of 4.7 kilometers (2.9 miles) southeast, at
coordinates 36-41-48 North Latitude and 108-10-39 West Longitude. This
allotment is not affected by the Commission's temporary freeze on new
television allotments in certain metropolitan areas. With this action,
this proceeding is terminated.
EFFECTIVE DATE: April 8, 1996.
FOR FURTHER INFORMATION CONTACT: Leslie K. Shapiro, Mass Media Bureau,
(202) 418-2180.
SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's
Report and Order, MM Docket No. 92-81, adopted February 1, 1996, and
released February 23, 1996. The full text of this Commission decision
is available for inspection and copying during normal business hours in
the FCC Reference Center (Room 239), 1919 M Street, NW., Washington,
DC. The complete text of this decision may also be purchased from the
Commission's copy contractor, International Transcription Service,
Inc., (202) 857-3800, 2100 M Street, NW., Suite 140, Washington, DC
20037.
List of Subjects in 47 CFR Part 73
Television broadcasting.
Part 73 of title 47 of the Code of Federal Regulations is amended
as follows:
PART 73--[AMENDED]
1. The authority citation for Part 73 continues to read as follows:
Authority: Secs. 303, 48 Stat., as amended, 1082; 47 U.S.C. 154,
as amended.
Sec. 73.606 [Amended]
2. Section 73.606(b), the Table of Television Allotments under New
Mexico, is amended by removing Channel 3 at Gallup and adding Channel 3
at Farmington.
Federal Communications Commission.
John A. Karousos,
Chief, Allocations Branch, Policy and Rules Division, Mass Media
Bureau.
[FR Doc. 96-4786 Filed 2-29-96; 8:45 am]
BILLING CODE 6712-01-F
Complete official Federal Register PDF
FR Doc. 96-4775 Government Contracting Assistance; Correction
[Federal Register Volume 61, Number 42 (Friday, March 1, 1996)]
[Rules and Regulations]
[Pages 7986-7987]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4775]
-----------------------------------------------------------------------
SMALL BUSINESS ADMINISTRATION
13 CFR Part 125
Government Contracting Assistance; Correction
AGENCY: Small Business Administration.
ACTION: Correction to final regulations.
-----------------------------------------------------------------------
SUMMARY: This document contains corrections to the final regulations
that were published Wednesday, January 31, 1996, (61 FR 3310). The
regulations related to subcontracting assistance, applications for a
certificate of competency, and SBA's monitoring of contractor
performance.
EFFECTIVE DATE: March 1, 1996.
FOR FURTHER INFORMATION CONTACT: John W. Klein, Chief Counsel for
Special Programs, Office of General Counsel, (202) 205-6645.
SUPPLEMENTARY INFORMATION:
Background
The final regulations that are the subject of these corrections
concern policies relating to subcontracting assistance in
Sec. 125.3(b), applications for a certificate of competency under
Sec. 125.5(d)(3), and SBA's monitoring of contractor performance under
Sec. 125.5(o).
Need for Correction
As published, the final regulations contain errors that may prove
to be misleading and are in need of clarification.
Correction of Publication
Accordingly, the publication on January 31, 1996 of the final
regulations that were the subject of FR Doc. 96-1157, is corrected as
follows:
Sec. 125.3 [Corrected]
1. On page 3313, in the first column, in Sec. 125.3, in paragraph
(b), the first sentence is corrected by adding after the words
``subcontract offeror'' the words ``on a subcontract for which a small
business, small disadvantaged business, and/or women-owned small
business received preference'' and by adding after the words ``apparent
successful offeror'' the words ``and if the successful offeror was a
small business, small
[[Page 7987]]
disadvantaged business, or small women-owned business''.
Sec. 125.5 [Corrected]
2. On page 3314, in the second column, in Sec. 125.5, in paragraph
(d)(3), the second sentence is removed.
3. On page 3315, in the third column, in Sec. 125.5, in paragraph
(o), the word ``may'' is corrected to read ``will''.
Dated: February 26, 1996.
John T. Spotila,
Acting Administrator.
[FR Doc. 96-4775 Filed 2-29-96; 8:45 am]
BILLING CODE 8025-01-P
Complete official Federal Register PDF
FR Doc. 96-4774 Small Business Investment Companies; Correction
[Federal Register Volume 61, Number 42 (Friday, March 1, 1996)]
[Rules and Regulations]
[Page 7985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4774]
=======================================================================
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SMALL BUSINESS ADMINISTRATION
13 CFR Part 107
Small Business Investment Companies; Correction
AGENCY: Small Business Administration.
ACTION: Correction to final regulations.
-----------------------------------------------------------------------
SUMMARY: This document contains corrections to the final regulations
that were published Wednesday, January 31, 1996, (61 FR 3177). The
regulations related to examination fees for SBA examination of small
business investment companies.
EFFECTIVE DATE: January 31, 1996.
FOR FURTHER INFORMATION CONTACT: Leonard Fagan, Office of Investment,
(202) 205-6510.
SUPPLEMENTARY INFORMATION:
Background
The final regulations that are the subject of these corrections
concern policies applicable to examination fees for licensees under the
Small Business Investment Company program.
Need for Correction
As published, the final regulations contain errors that may prove
to be misleading and are in need of clarification.
Correction of Publication
Accordingly, the publication on January 31, 1996 of the final
regulations that were the subject of FR Doc. 96-1351, is corrected as
follows:
Sec. 107.692 [Corrected]
On page 3203, in the first column, in Sec. 107.692, in the third
column of the rate table in paragraph (a), entitled ``Percent of
assets'', the last entry should be corrected to read ``$100,000,000''
instead of ``$50,000,000''.
Dated: February 26, 1996.
John T. Spotila,
Acting Administrator.
[FR Doc. 96-4774 Filed 2-29-96; 8:45 am]
BILLING CODE 8025-01-P
Complete official Federal Register PDF
FR Doc. 96-4773 Business Loan Programs; Correction
[Federal Register Volume 61, Number 42 (Friday, March 1, 1996)]
[Rules and Regulations]
[Pages 7985-7986]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4773]
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SMALL BUSINESS ADMINISTRATION
13 CFR Part 120
Business Loan Programs; Correction
AGENCY: Small Business Administration.
ACTION: Correction to final regulations.
-----------------------------------------------------------------------
SUMMARY: This document contains corrections to the final regulations
that were published Wednesday, January 31, 1996, (61 FR 3226). The
regulations related to eligible passive companies, interest rates on
smaller loans, the Certified Lenders Program, and the Development
Company Loan Program.
EFFECTIVE DATE: March 1, 1996.
FOR FURTHER INFORMATION CONTACT: John R. Cox, (202) 205-6490.
SUPPLEMENTARY INFORMATION:
Background
The final regulations that are the subject of these corrections
concern policies applicable to SBA's business (non-disaster) loan
programs. Section 120.111 relates to all business loans, Sec. 120.215
relates to 7(a) business loans, Sec. 120.440 relates to special purpose
loans, and Sec. 120.839 relates to development company loans.
Need for Correction
As published, the final regulations contain errors that may prove
to be misleading and are in need of clarification.
Correction of Publication
Accordingly, the publication on January 31, 1996 of the final
regulations
[[Page 7986]]
that were the subject of FR Doc. 96-1432, is corrected as follows:
Sec. 120.111 [Corrected]
1. On page 3240, in the second column, in Sec. 120.111, paragraph
(a)(4), the term ``of the Operating Company'' is corrected to read
``and the Operating Company''.
2. On page 3240, in the second and third columns, in Sec. 120.111,
paragraph (b), paragraph (b)(2) is removed and paragraphs (b)(3),
(b)(4) and (b)(5) are redesignated as paragraphs (b)(2), (b)(3) and
(b)(4).
Sec. 120.215 [Corrected]
3. On page 3243, in the third column, in Sec. 120.215, the term
``variable rate'' in the second sentence is removed.
Sec. 120.440 [Corrected]
4. On page 3248, in the second column, in Sec. 120.440, the phrase
``attempts to respond within three days of submission to SBA'' is
corrected to read ``will provide expedited loan processing or
servicing''.
Sec. 120.839 [Corrected]
5. On page 3260, in the second column, in Sec. 120.839, paragraph
(a)(2), in the last line after the semicolon, the word ``and'' is
corrected to read ``or''.
Dated: February 26, 1996.
John T. Spotila,
Acting Administrator.
[FR Doc. 96-4773 Filed 2-29-96; 8:45 am]
BILLING CODE 8025-01-P
Complete official Federal Register PDF
FR Doc. 96-4772 Small Business Size Standards; Correction
[Federal Register Volume 61, Number 42 (Friday, March 1, 1996)]
[Rules and Regulations]
[Page 7986]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4772]
-----------------------------------------------------------------------
SMALL BUSINESS ADMINISTRATION
13 CFR Part 121
Small Business Size Standards; Correction
AGENCY: Small Business Administration.
ACTION: Correction to final regulations.
-----------------------------------------------------------------------
SUMMARY: This document contains corrections to the final regulations
that were published Wednesday, January 31, 1996, (61 FR 3280). The
regulations related to size standards by standard industrial
classification code and qualifications for a small business set-aside
or 8(a) contract to provide manufactured products.
EFFECTIVE DATE: March 1, 1996.
FOR FURTHER INFORMATION CONTACT: John W. Klein, Chief Counsel for
Special Programs, Office of General Counsel, (202) 205-6645.
SUPPLEMENTARY INFORMATION:
Background
The final regulations that are the subject of these corrections
concern policies relating to size standards by standard industrial
classification code in the table under Sec. 121.201, and the standard
for qualifying as a small business concern for a small business set-
aside or 8(a) contract to provide manufactured products under
Sec. 121.406.
Need for Correction
As published, the final regulations contain errors that may prove
to be misleading and are in need of clarification.
Correction of Publication
Accordingly, the publication on January 31, 1996 of the final
regulations that were the subject of FR Doc. 96-1348, is corrected as
follows:
Sec. 121.201 [Corrected]
1. On page 3289, in the third column, under Sec. 121.201, in the
last sentence of the text preceding the table, the words ``an
industry'' are corrected to read ``a business''.
2. On page 3289, in Sec. 121.201, in the table ``Size Standards by
SIC Industry'', in Division A, the heading is corrected to read
``Division A--Agriculture, Forestry and Fishing''.
3. On page 3291, in Sec. 121.201, in the table ``Size Standards by
SIC Industry'', in Division D, under the heading ``SIC code and
description'', in the entry for 3731, in the 5th line, the phrase
``Including Overhauls and Conversion'' is corrected to read ``Including
Overhauls and Conversions''.
4. On page 3291, in Sec. 121.201, in the table ``Size Standards by
SIC Industry'', in Division E, the heading is corrected to read
``Division E--Transportation, Communications, Electric, Gas, and
Sanitary Services''.
5. On page 3291, in Sec. 121.201, in the table ``Size Standards by
SIC Industry'', in Division E, the entry ``Major Group 41'' is
corrected to read ``Major Group 41--Local and Suburban Transit and
Interurban Highway Passenger Transportation''.
6. On page 3292, in Sec. 121.201, in the table ``Size Standards by
SIC Industry'', in Division G, the word ``Except:'' is added above the
entry for 5271.
7. On page 3292, in Sec. 121.201, in the table ``Size Standards by
SIC Industry'', in Division H, in the entry for 6021-6082, the
description is corrected to read ``National and Commercial Banks,
Savings Institutions and Credit Unions''.
8. On page 3293, in Sec. 121.201, in the table ``Size Standards by
SIC Industry'', in Division I, in the entry for 7218, the second column
is corrected to read ``$10.5''.
Sec. 121.406 [Corrected]
9. On page 3296, in the second column, in Sec. 121.406, paragraph
(b)(4), the phrase `` `class' waivers and `individual' waivers
respectively'' is corrected to read `` `individual' and `class' waivers
respectively''.
Dated: February 26, 1996.
John T. Spotila,
Acting Administrator.
[FR Doc. 96-4772 Filed 2-29-96; 8:45 am]
BILLING CODE 8025-01-P
Complete official Federal Register PDF
FR Doc. 96-4771 Surety Bond Guarantees; Correction
[Federal Register Volume 61, Number 42 (Friday, March 1, 1996)]
[Rules and Regulations]
[Page 7985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4771]
-----------------------------------------------------------------------
SMALL BUSINESS ADMINISTRATION
13 CFR Part 115
Surety Bond Guarantees; Correction
AGENCY: Small Business Administration.
ACTION: Correction to final regulations.
-----------------------------------------------------------------------
SUMMARY: This document contains corrections to the final regulations
that were published Wednesday, January 31, 1996, (61 FR 3266). The
regulations related to definitions in provisions for all surety bond
guarantees.
EFFECTIVE DATE: March 1, 1996.
FOR FURTHER INFORMATION CONTACT: Barbara Brannan, Office of Surety
Guarantees, (202) 205-6540.
SUPPLEMENTARY INFORMATION:
Background
The final regulations that are the subject of these corrections
concern definitions applicable to regulations governing the Surety Bond
Guarantee program.
Need for Correction
As published, the final regulations contain errors that may prove
to be misleading and are in need of clarification.
Correction of Publication
Accordingly, the publication on January 31, 1996 of the final
regulations that were the subject of FR Doc. 96-1347, is corrected as
follows:
Sec. 115.10 [Corrected]
On page 3271, in the third column, in Sec. 115.10, in the
definition ``Investment Act'', the citation should be corrected to read
``15 U.S.C. 661 et seq.''.
Dated: February 26, 1996.
John T. Spotila,
Acting Administrator.
[FR Doc. 96-4771 Filed 2-29-96; 8:45 am]
BILLING CODE 8025-01-P
Complete official Federal Register PDF
FR Doc. 96-4717 Listing of Color Additives Exempt From Certification; Fruit Juice Color Additive and Vegetable Juice Color Additive; Confirmation of Effective Date
[Federal Register Volume 61, Number 42 (Friday, March 1, 1996)]
[Rules and Regulations]
[Page 7990]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4717]
=======================================================================
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
21 CFR Part 73
[Docket No. 95C-0091]
Listing of Color Additives Exempt From Certification; Fruit Juice
Color Additive and Vegetable Juice Color Additive; Confirmation of
Effective Date
AGENCY: Food and Drug Administration, HHS.
ACTION: Final rule; confirmation of effective date.
-----------------------------------------------------------------------
SUMMARY: The Food and Drug Administration (FDA) is confirming the
effective date of November 13, 1995, of the final rule published in the
Federal Register of October 10, 1995 (60 FR 52628), that amended the
color additive regulations to provide for the safe use in food of dried
fruit juice color additive, dried vegetable juice color additive, and
vegetable juice color additive prepared by water infusion of the dried
vegetable.
DATES: Effective date confirmed: November 13, 1995.
FOR FURTHER INFORMATION CONTACT: Aydin Orstan, Center for Food Safety
and Applied Nutrition (HFS-217), Food and Drug Administration, 200 C
St. SW., Washington, DC 20204, 202-418-3076.
SUPPLEMENTARY INFORMATION: In the Federal Register of October 10, 1995
(60 FR 52628), FDA amended the color additive regulations in
Sec. 73.250 Fruit juice (21 CFR 73.250) to provide for the safe use of
dried fruit juice color additive and in Sec. 73.260 Vegetable juice (21
CFR 73.260) to provide for the safe use of dried vegetable juice color
additive and vegetable juice color additive prepared by water infusion
of the dried vegetable.
FDA gave interested persons until November 9, 1995, to file
objections or requests for a hearing. The agency received no objections
or requests for a hearing on the final rule. Therefore, FDA finds that
the final rule published in the Federal Register of October 10, 1995,
should be confirmed.
List of Subjects in 21 CFR Part 73
Color additives, Cosmetics, Drugs, Medical devices.
Therefore, under the Federal Food, Drug, and Cosmetic Act (secs.
201, 401, 402, 403, 409, 501, 502, 505, 601, 602, 701, 721 (21 U.S.C.
321, 341, 342, 343, 348, 351, 352, 355, 361, 362, 371, 379e)) and under
authority delegated to the Commissioner of Food and Drugs and
redelegated to the Director, Center for Food Safety and Applied
Nutrition, notice is given that no objections or requests for a hearing
were filed in response to the October 10, 1995, final rule.
Accordingly, the amendments promulgated thereby became effective
November 13, 1995.
Dated: February 12, 1996.
Fred R. Shank,
Director, Center for Food Safety and Applied Nutrition.
[FR Doc. 96-4717 Filed 2-29-96; 8:45 am]
BILLING CODE 4160-01-F
Complete official Federal Register PDF
FR Doc. 96-4716 Food Additives Permitted in Food on an Interim Basis or in Contact With Food Pending Additional Study; Mannitol
[Federal Register Volume 61, Number 42 (Friday, March 1, 1996)]
[Rules and Regulations]
[Pages 7990-7991]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4716]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
21 CFR Part 180
[Docket No. 94F-0152]
Food Additives Permitted in Food on an Interim Basis or in
Contact With Food Pending Additional Study; Mannitol
AGENCY: Food and Drug Administration, HHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Food and Drug Administration (FDA) is amending the food
additive regulations to permit the manufacture of mannitol by
fermentation of sugars or sugar alcohols such as glucose, sucrose,
fructose, or sorbitol by the action of the yeast Zygosaccharomyces
rouxii. This action is in response to a petition filed by Roquette
America, Inc.
DATES: Effective March 1, 1996; written objections and requests for a
hearing by April 1, 1996.
ADDRESSES: Submit written objections to the Dockets Management Branch
(HFA-305), Food and Drug Administration, 12420 Parklawn Dr., rm. 1-23,
Rockville, MD 20857.
FOR FURTHER INFORMATION CONTACT: Rosalie M. Angeles, Center for Food
Safety and Applied Nutrition (HFS-207), Food and Drug Administration,
200 C St. SW., Washington, DC 20204, 202-418-3107.
SUPPLEMENTARY INFORMATION: In a notice published in the Federal
Register of December 13, 1994 (59 FR 64207), FDA announced that a food
additive petition (FAP 4A4412) had been filed by Roquette America,
Inc., c/o Keller and Heckman, 1001 G St. NW., Washington, DC 20001. The
petition proposed to amend the food additive regulations in Sec. 180.25
Mannitol (21 CFR 180.25) to permit the manufacture of mannitol by
fermentation of sugars or sugar alcohols such as glucose, sucrose,
fructose, or sorbitol by the action of the yeast Z. rouxii.
[[Page 7991]]
As discussed in the notice of filing (59 FR 64207), in 1973 the
agency proposed to affirm mannitol as generally recognized as safe
(GRAS) based on the findings by the Select Committee on GRAS Substances
from the Life Sciences Research Office of the Federation of American
Societies for Experimental Biology (38 FR 20046, July 26, 1973). In
response to the proposal, the agency received comments, including
information raising questions about the safety of mannitol. Therefore,
the agency did not affirm the GRAS status of mannitol but instead
established an interim food additive regulation for mannitol, pending
additional study of the ingredient (39 FR 34178, September 23, 1974).
At the time the interim regulation was established, the agency
concluded that there would be no increased risk to the public health to
continue existing uses and levels of use of mannitol while additional
studies were carried out.
The interim regulation on mannitol specifies manufacturing
procedures that do not include the fermentation process for
manufacturing mannitol proposed in the petition. The petitioner
provided evidence that mannitol produced using the proposed process is
equivalent to mannitol produced as described in Sec. 180.25. The
petition, however, proposed no change in the allowed uses of mannitol.
The agency concludes from its review that no change in consumer
exposure to mannitol will result from the promulgation of an amendment
to Sec. 180.25 as proposed in the petition (Ref. 1).
FDA has evaluated the data in the petition and other relevant
material. Based upon its review, the agency concludes that the use of
the proposed manufacturing method for mannitol by fermentation of
sugars or sugar alcohols such as glucose, sucrose, fructose, or
sorbitol by the action of the yeast Z. rouxii is appropriate and that
mannitol produced by this process is equivalent to mannitol produced as
described in current Sec. 180.25. Therefore, FDA concludes that
Sec. 180.25 should be amended as set forth below.
In accordance with Sec. 171.1(h) (21 CFR 171.1(h)), the petition
and the documents that FDA considered and relied upon in reaching its
decision to approve the petition are available for inspection at the
Center for Food Safety and Applied Nutrition by appointment with the
information contact person listed above. As provided in 21 CFR
171.1(h), the agency will delete from the documents any materials that
are not available for public disclosure before making the documents
available for inspection.
The agency has carefully considered the potential environmental
effects of this action. FDA has concluded that the action will not have
a significant impact on the human environment, and that an
environmental impact statement is not required. The agency's finding of
no significant impact and the evidence supporting that finding,
contained in an environmental assessment, may be seen in the Dockets
Management Branch (address above) between 9 a.m. and 4 p.m., Monday
through Friday.
Any person who will be adversely affected by this regulation may at
any time on or before April 1, 1996, file with the Dockets Management
Branch (address above) written objections thereto. Each objection shall
be separately numbered, and each numbered objection shall specify with
particularity the provisions of the regulation to which objection is
made and the grounds for the objection. Each numbered objection on
which a hearing is requested shall specifically so state. Failure to
request a hearing for any particular objection shall constitute a
waiver of the right to a hearing on that objection. Each numbered
objection for which a hearing is requested shall include a detailed
description and analysis of the specific factual information intended
to be presented in support of the objection in the event that a hearing
is held. Failure to include such a description and analysis for any
particular objection shall constitute a waiver of the right to a
hearing on the objection. Three copies of all documents shall be
submitted and shall be identified with the docket number found in
brackets in the heading of this document. Any objections received in
response to the regulation may be seen in the Dockets Management Branch
between 9 a.m. and 4 p.m., Monday through Friday.
Reference
The following reference has been placed on display in the Dockets
Management Branch (address above) and may be seen by interested persons
between 9 a.m. and 4 p.m., Monday through Friday.
1. Memorandum from S. E. Carberry, Chemistry Review Branch,
Center for Food Safety and Applied Nutrition (CFSAN) to R. M.
Angeles, Novel Ingredients Branch, CFSAN, May 23, 1994.
List of Subjects in 21 CFR Part 180
Food additives.
Therefore, under the Federal Food, Drug, and Cosmetic Act and under
authority delegated to the Commissioner of Food and Drugs and
redelegated to the Director, Center for Food Safety and Applied
Nutrition, 21 CFR part 180 is amended as follows:
PART 180--FOOD ADDITIVES PERMITTED IN FOOD ON AN INTERIM BASIS OR
IN CONTACT WITH FOOD PENDING ADDITIONAL STUDY
1. The authority citation for 21 CFR part 180 continues to read as
follows:
Authority: Secs. 201, 402, 403, 409, 701 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 321, 342, 343, 348, 371); sec. 301
of the Public Health Service Act (42 U.S.C. 241).
2. Section 180.25 is amended by revising paragraph (a) to read as
follows:
Sec. 180.25 Mannitol.
(a) Mannitol is the chemical 1,2,3,4,5,6,-hexanehexol
(C6H14O6) a hexahydric alcohol, differing from sorbitol
principally by having a different optical rotation. Mannitol is
produced by one of the following processes:
(1) The electrolytic reduction or transition metal catalytic
hydrogenation of sugar solutions containing glucose or fructose.
(2) The fermentation of sugars or sugar alcohols such as glucose,
sucrose, fructose, or sorbitol using the yeast Zygosaccharomyces
rouxii.
* * * * *
Dated: February 14, 1996.
Fred R. Shank,
Director, Center for Food Safety and Applied Nutrition.
[FR Doc. 96-4716 Filed 2-29-96; 8:45 am]
BILLING CODE 4160-01-F
Complete official Federal Register PDF
FR Doc. 96-4707 Simplification and Streamlining of Regulations of the Economic Development Administration
[Federal Register Volume 61, Number 42 (Friday, March 1, 1996)]
[Rules and Regulations]
[Pages 7979-7985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4707]
========================================================================
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. 42 / Friday, March 1, 1996 / Rules
and Regulations
[[Page 7979]]
DEPARTMENT OF COMMERCE
Economic Development Administration
13 CFR Chapter III
[Docket No. 950525142-6028-02]
RIN 0610-AA47
Simplification and Streamlining of Regulations of the Economic
Development Administration
AGENCY: Economic Development Administration (EDA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Economic Development Administration (EDA) has amended all
of its regulations so that they are easy to read and use, and
accurately reflect program requirements, evaluation criteria and
selection process in implementing programs under the Public Works and
Economic Development Act of 1965, as amended, (PWEDA or the Act) the
Trade Act of 1974, as amended (the Trade Act) and other statutes to be
noted herein. This streamlining effort includes the removal of numerous
unnecessary, redundant and outdated parts, sections and portions
thereof.
EFFECTIVE DATE: This rule is effective on March 1, 1996.
FOR FURTHER INFORMATION CONTACT: Awilda R. Marquez, (202) 482-4687; fax
number: (202) 482-5671.
SUPPLEMENTARY INFORMATION:
Background
Pursuant to a directive from President Clinton to Federal
agencies in March of 1995 regarding their responsibilities under his
Regulatory Reform Initiative (as part of the National Performance
Review), EDA undertook a comprehensive review of its rules to remove
those which were obsolete or unnecessary and to modify those in need of
reform.
On September 26, 1995, EDA published an interim-final rule
on simplification and streamlining its regulations (60 FR 49670-49703).
In this interim-final rule EDA removed over 60% of its then existing
rules and streamlined and clarified those which remained. The public
was invited to submit comments on the interim-final rule for a period
of sixty (60) days ending November 27, 1995.
Comments on the Interim-Final Rule
EDA received comments from more than twenty (20) persons, all of
whom are or were EDA officials.
OMB Control Numbers.
A commenter noted that the OMB control numbers needed to be
updated.
We concur and have made the appropriate change to Sec. 300.3.
Notice of Funding Availability (NOFA).
Commenters noted that the acronym ``NOFA'' was not explained in the
general information section of the interim-final rule and that for
various programs, references to general information at Sec. 300.4
should more appropriately be to the NOFA.
We concur and have changed 13 CFR 300.4, 307.13(b), 307.18(b),
308.5(b), and 315.8(a) accordingly.
Area designation-American Indian lands.
A commenter suggested that the section on American Indian area
designation should be modified to clarify what is required when non-
contiguous land is considered as one area, noting that a relationship
between the land must be demonstrated.
We concur and have made the appropriate change to 13 CFR 301.4(d).
Area designation-per capita employment decline.
A commenter suggested that the term ``out-migration'' as used in
conjunction with per capita employment decline, as a basis of area
designation be changed to ``population loss'' as a more apt and readily
available descriptive term. This commenter also suggested that per
capita employment decline be modified so that what is measured is the
decline of the working age population.
We do not concur because the regulation as currently written in 13
CFR 301.9 accurately reflects PWEDA.
Economic Development Districts.
A commenter made suggestions for clarifications and corrections of
13 CFR 302.4(a); 302.13; 302.17 and 302.18.
We concur with all of the above and have made the recommended
changes, with the exception of Sec. 302.13 (c), since we do not agree
that the use of a pronoun to describe the Economic Development Center
(EDC) is unclear.
Overall Economic Development Program (OEDP).
A commenter recommended that the section describing requirements
for District OEDPs be modified to make it clear that both conditions
listed must be satisfied.
We concur and have changed 13 CFR 303.2(a) accordingly.
A commenter recommended that the section describing Area OEDP
committees be further streamlined and clarified.
We concur and have revised 13 CFR 303.3(a)(1) accordingly.
Selection Process.
Commenters made suggestions concerning programs which are reviewed,
processed and approved in EDA headquarters--National Technical
Assistance and Research, to clarify language about Solicitation of
Proposals, and to accommodate proposals in excess of two pages with
allowances for more in-depth project descriptions in applications, if
so requested by EDA.
We concur and have made the suggested changes to 13 CFR 304.1
(a)(1)(i) and (a)(3)(iii).
Commenters recommended that for those programs where Regional
Directors have been delegated the authority to approve projects,
changes be made indicating that appropriate Regional Office Project
Review Committees (PRCs) shall have the opportunity to review all
proposals (wherever originally received); PRC meetings will be
regularly scheduled, and proponents will be given timely written notice
of the results of the PRC meeting at which their proposal was reviewed.
We concur and have made the suggested changes to 13 CFR 304.1
(a)(2)(i), (a)(2)(ii), and (a)(2)(iii).
Commenters recommended that a sentence be added to the section
describing general evaluation criteria indicating that each annual FY
NOFA could identify special areas of interest for that FY.
We concur and have changed 13 CFR 304.1(b) accordingly.
[[Page 7980]]
Proposal form.
A commenter suggested that the standard OMB proposal form number be
noted in the final rule.
We concur and have changed 13 CFR 304.1(a)(1)(i) accordingly.
Award requirements.
A commenter noted that for programs under Titles I and IX of PWEDA,
the award period can be no longer than the end of the fifth fiscal year
after the award was made.
We concur and have made the changes to 13 CFR 305.7(a) and 308.7(a)
accordingly.
Public Works and Development Facilities Program.
Public Works Impact Program (PWIP): A commenter suggested that a
statement be added to the evaluation criteria at 13 CFR 305.6
indicating that a major purpose is for speedy work.
We do not concur, because to do so would be to repeat what is
stated in PWEDA (42 U.S.C. 3131(a)(1)(D)).
Supplementary grant rates: A commenter recommended that the median
family income category for computation of supplementary grant rates at
13 CFR 305.8(b)(6) through (b)(8) be replaced by per capita income,
because it is virtually impossible to have such low median family
income ranges in today's economy.
We do not concur because the statute requires the use of median
family incomes. We have, however, updated median family income figures
based upon the 1990 U.S. Census.
Grants for construction cost increases: A commenter suggested
redrafting and making 13 CFR 305.10 a part of 13 CFR part 316, since
change of scope applies to other projects in addition to those
involving construction.
We do not concur because this section is intended to apply only to
statutorily authorized grants for construction cost increases under
section 107 of PWEDA. Any other change of scope matters not
specifically addressed in the rule are covered under 13 CFR 316.10.
New Subpart for Other Requirements: A commenter suggested an
additional Subpart C for part 305, because the subjects in
Secs. 305.11-305.15 more appropriately should be included under a new
Subpart C-Other Requirements.
We concur and have made the necessary changes to the rule by adding
a Subpart C to part 305.
Disbursement of grant funds: A commenter suggested that 13 CFR
305.11 (a)(1), (a)(4) and (a)(6) be deleted on the ground that they are
burdensome and go beyond uniform federal requirements. The commenter
also suggested that other portions of the disbursement section either
be deleted as duplicative of general federal requirements or be moved
to 13 CFR part 316 for all programs.
We do not concur because a consensus had been reached prior to
publication of the interim-final rule that these conditions were needed
in order to provide a structure within which EDA could exercise its
judgment concerning grant disbursements.
Amendments and changes: A commenter suggested that this requirement
under 13 CFR 305.13 applies to all programs, not just to public works
under Title I, and should therefore, be moved to 13 CFR part 316.
We concur and have redesignated this requirement at 13 CFR 316.11.
Contract and subcontract clauses: A commenter suggested that this
requirement under 13 CFR 305.15 applies to all programs, not just to
public works under Title I, and should therefore, be moved to 13 CFR
part 316.
We concur and have moved this requirement to 13 CFR 316.12.
Local and National Technical Assistance.
Eligible applicants: Commenters suggested that the interim-final
rule incorrectly includes other applicants such as private individuals,
partnerships, firms and corporations (for-profits) as eligible grantees
under the Local and National Technical Assistance programs under 13 CFR
part 307.
We concur and have revised the interim-final rule at 13 CFR
307.2(c) and 307.12(c) to delete references to these other applicants.
This change is made consistent with our revised interpretation of
relevant provisions of PWEDA and the Federal Grant and Cooperative
Agreement Act.
Other changes: Commenters suggested other changes for clarity and
consistency with other portions of the rule, at 13 CFR 307.13(b),
307.14(e), 307.16 and 307.18(b).
We concur and have made these changes in the final rule. Research
topics and structure: Commenters suggested that for the National
Technical Assistance Program, the evaluation criterion describing
levels of preferences for projects, based upon geographic scope, be
modified to remove the levels of preferences.
We concur and have modified 13 CFR 307.20(c) accordingly.
Title IX--Economic Adjustment Revolving Loan Fund (RLF).
Nonrelocation: A commenter suggested that the interim-final rule be
modified to include borrowers under the Title IX Economic Adjustment
Revolving Loan (RLF) program.
After discussion within the agency, we decided not to modify the
interim-final rule at 13 CFR 316.4, but instead to include applicable
nonrelocation requirements as part of RLF Plans and, if need be, as
special conditions of the grant.
Subgrants: A commenter suggested that for RLF grants involving
subgrants, processing be specifically set forth indicating those
aspects to be reviewed and monitored by EDA and those to be handled by
EDA's RLF grantees on EDA's behalf.
After discussions within the agency, it was determined that the
rule should remain silent in this matter. Processing of subgrants will
continue to be handled on a case by case basis to be covered in grant
award documents, including special conditions by those Regional Offices
handling such projects.
Estimated useful life determinations.
A commenter suggested that the interim-final rule at 13 CFR part
314 be changed to add a maximum estimated useful life for projects, up
to but not exceeding 20 years.
We do not concur because of applicable case law concerning
extinguishing the Federal interest in projects.
Evidence of Title to real property.
A commenter suggested that the interim-final rule be modified at 13
CFR 314.7 so that only recipients without the power of eminent domain
be required to submit evidence of title.
We do not concur with this suggestion because the title
requirements apply to all grantees, regardless of their legal status.
Trade Act.
A commenter recommended changes to the definitions of firm, Partial
separation, and A significant number of proportion of workers to more
accurately reflect EDA's current policies concerning such terms.
We concur and have changed 315.2 accordingly.
Other changes: A commenter recommended changes to four other
sections (selection process, certification requirements, processing
petitions for certification, and hearings, appeals and final
determinations) of the Trade Act portion of the rule, in order to
clarify meanings.
We concur and have made changes accordingly to 13 CFR 315.5(b)(2),
315.9(a), 315.10 (b)(4) through (b)(6), and 315.11(a).
Environment.
A commenter suggested that the Notice requirement under NEPA
regulations be moved from EDA's annual FY NOFA to EDA's regulations,
[[Page 7981]]
since this is a continuing requirement that more appropriately should
be codified along with other similar matters found in 13 CFR chapter
III.
We concur and have added this to 13 CFR 316.1 (b)(1)(i) and
(b)(1)(ii).
A commenter noted an error in the citation to the Resource
Conservation and Recovery Act of 1976.
We concur and have changed 13 CFR 316.1(b)(7) accordingly.
Excess capacity.
Commenters suggested that four of the five definitions--
``capacity'', ``demand'', ``efficient capacity'', and ``existing
competitive enterprise'', be modified slightly to enable applicants to
more easily provide information to EDA from which the agency can make
necessary excess capacity findings and determinations.
We concur and have modified 13 CFR 316.3(b) accordingly.
Civil rights.
Several commenters suggested changing the interim-final rule to
give applicants for planning grants the option of submitting employment
data on the ED-612 or in a narrative format traditionally used by such
applicants/grantees containing comparable information to that provided
on the ED-612.
We concur and have modified 13 CFR 317.1 accordingly.
A commenter suggested that we consider including developers as
``Other Parties'' for purposes of submission of civil rights employment
data forms.
After discussions within the agency, it was determined that there
is no need to modify the interim final rule, and that any special
situations involving developers could, if need be, be covered by grant
award special conditions.
Savings Clause
The rights, duties, and obligations of all parties pursuant to
parts, sections and portions thereof of the Code of Federal Regulations
removed by this rule shall continue in effect.
Executive Order 12866
This rule has been determined to be significant for purposes of
E.O. 12866.
Regulatory Flexibility Act
Since notice and an opportunity for comment are not required to be
given for the rule under 5 U.S.C. 553 or any other law, under sections
603(a) and 604(a) of the Regulatory Flexibility Act (5 U.S.C. 601-612)
no initial or final Regulatory Flexibility Analysis is required, and
none has been prepared.
Paperwork Reduction Act
This rule does not contain new information collection or
recordkeeping requirements under the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.).
E.O. 12612
This rule does not contain policies with Federalism implications
sufficient to warrant preparation of a Federalism Assessment under
Executive Order 12612.
List of Subjects
13 CFR Part 300
Organization and functions (Government agencies), Reporting and
recordkeeping requirements.
13 CFR Part 301
Community development.
13 CFR Part 302
Community development, Grant programs--business, Grant programs--
housing and community development, Loan programs--business, Loan
programs--housing and community development, Technical assistance.
13 CFR Part 303
Community development, Reporting and recordkeeping requirements.
13 CFR Part 304
Community development.
13 CFR Part 305
Community development, Community facilities, Grant programs--
housing and community development, Indians.
13 CFR Part 307
Business and industry, Community development, Grant programs--
business, Grant programs--housing and community development, Indians,
Research, Technical assistance.
13 CFR Part 308
Business and industry, Community development, Community facilities,
Grant programs--business, Grant programs--housing and community
development, Indians, Manpower training programs, Mortgages, Relocation
assistance, Rent subsidies, Reporting and recordkeeping requirements,
Research, Technical assistance, Unemployment compensation.
13 CFR Part 312
Community development, Grant programs--housing and community
development.
13 CFR Part 314
Community development, Grant programs--housing and community
development.
13 CFR Part 315
Administrative practice and procedure, Community development, Grant
programs--business, Grant programs--housing and community development,
Technical assistance, Trade adjustment assistance.
13 CFR Part 316
Community development, Community facilities, Freedom of
information, Grant programs--housing and community development.
13 CFR Part 317
Aged, Civil rights, Equal employment opportunity, Individuals with
disabilities, Reporting and recordkeeping requirements, Sex
discrimination.
Accordingly, the interim rule revising 13 CFR Chapter III which was
published at 60 FR 49670 on September 26, 1995, is adopted as a final
rule with the following changes:
PART 300--GENERAL INFORMATION
1. The authority citation for part 300 continues to read as
follows:
Authority: Sec. 701, Pub. L. 89-136; 79 Stat. 570 (42 U.S.C.
3211); Department of Commerce Organization Order 10-4, as amended
(40 FR 56702, as amended).
2. Section 300.3 is amended by revising paragraph (b) to read as
follows:
Sec. 300.3 OMB control numbers.
* * * * *
(b) Control Number Table:
------------------------------------------------------------------------
Current OMB
13 CFR part or section where identified and described control No.
------------------------------------------------------------------------
303........................................................ 0610-0093
305........................................................ 0610-0094
0610-0092
308........................................................ 0610-0092
312.5...................................................... 0610-0094
315........................................................ 0610-0091
316.4...................................................... 0610-0082
------------------------------------------------------------------------
3. Section 300.4 is revised to read as follows:
Sec. 300.4 Economic Development Administration--Washington, D.C.,
Regional and Economic Development Representatives.
For addresses and phone numbers of the Economic Development
Administration in Washington, D.C., Regional and Field Offices and
Economic Development Representatives, refer to EDA's annual Fiscal Year
(FY) Notice of Funding Availability (NOFA).
[[Page 7982]]
PART 301--DESIGNATION OF AREAS
1. The authority citation for part 301 continues to read as
follows:
Authority: Sec. 701, Pub. L. 89-136; 79 Stat. 570 (42 U.S.C.
3211); Department of Commerce Organization Order 10-4, as amended
(40 FR 56702, as amended).
2. Section 301.4 is amended by revising paragraph (d) to read as
follows:
Sec. 301.4 Designation on the basis of American Indian lands.
* * * * *
(d) When the determination of economic distress pertains to land
areas that are not contiguous, it must be shown that there is a clear
economic connection justifying the inclusion of the noncontiguous land
areas that will contribute to a more effective economic development
program for the area.
PART 302--ECONOMIC DEVELOPMENT DISTRICTS
1. The authority citation for part 302 continues to read as
follows:
Authority: Sec. 701, Pub. L. 89-136; 79 Stat. 570 (42 U.S.C.
3211); Department of Commerce Organization Order 10-4, as amended
(40 FR 56702, as amended).
2. Section 302.4 is amended by revising paragraph (a) introductory
text to read as follows:
Sec. 302.4 District organizations.
(a) The district organization is a prerequisite to the awarding of
a planning grant and to the initial designation of EDDs. The District
shall be organized in one of the following manners:
* * * * *
3. Section 302.13 is amended by redesignating the introductory text
and paragraphs (a) through (d) as paragraph (a) introductory text and
paragraphs (a)(1) through (a)(4), revising newly designated paragraph
(a)(2), and designating the undesignated paragraph at the end of the
section as paragraph (b) to read as follows:
Sec. 302.13 Termination and suspension of economic development
centers.
(a) * * *
(2) The economic development center no longer meets the standards
for designation, Sec. 302.10;
* * * * *
4. Section 302.17 is revised to read as follows:
Sec. 302.17 Grant rate for economic development center projects.
The grant rate for projects under Title I of the Act in EDCs, which
are growth centers not located in designated redevelopment areas, shall
not exceed 50 percent of the project costs except for the ten percent
bonus provided for in Sec. 302.18 and Sec. 305.9 of this chapter.
5. Section 302.18 is revised to read as follows:
Sec. 302.18 Financial assistant redevelopment centers.
The eligibility of redevelopment centers for EDA financial
assistance, including the ten percent bonus as provided for herein, is
the same as for any designated redevelopment area within the district.
The grant rate for the redevelopment center shall be determined by the
rate applicable to the redevelopment area within which it is located.
PART 303--OVERALL ECONOMIC DEVELOPMENT PROGRAM
1. The authority citation for part 303 continues to read as
follows:
Authority: Sec. 701, Pub. L. 89-136; 79 Stat. 570 (42 U.S.C.
3211); Department of Commerce Organization Order 10-4, as amended
(40 FR 56702, as amended).
2. Section 303.2 is amended by revising paragraph (a) to read as
follows:
Sec. 303.2 Redevelopment area--District OEDPs.
* * * * *
(a) The area actively participates in and supports the district
OEDP planning process; and
* * * * *
3. Section 303.3 is amended by redesignating paragraphs (a)
introductory text and (a)(1) as paragraphs (a)(1) and (a)(2)
respectively, and by revising the newly designated paragraph (a)(2) to
read as follows:
Sec. 303.3 Redevelopment area OEDP committee.
(a) * * *
(2) Redevelopment area OEDP committees are required only in areas
not located in EDDs. EDA recommends OEDP committees in all areas
whenever practicable.
* * * * *
PART 304--GENERAL SELECTION PROCESS AND EVALUATION CRITERIA
1. The authority citation for part 304 continues to read as
follows:
Authority: Sec. 701, Pub.L. 89-136; 79 Stat. 570 (42 U.S.C.
3211); Department of Commerce Organization Order 10-4, as amended
(40 FR 56702, as amended).
2. Section 304.1 is amended by revising paragraphs (a)(1)(i),
(a)(2)(ii), (a)(2)(iii), (a)(3)(iii), and (b) to read as follows:
Sec. 304.1 General selection process and evaluation process and
evaluation criteria for programs under PWEDA.
* * * * *
(a) * * *
(1) * * *
(i) There will be a brief proposal on the OMB approved form, number
0610-0094, consisting of the face sheet (SF-424) and two additional
pages, except for projects under part 307, subparts C and D, of this
chapter for which proponents may include more than two pages if
necessary to provide adequate information to EDA upon which to make an
informed determination whether to invite a more comprehensive proposal
and application, including for example, budget, scope of work and
capability statements.
* * * * *
(2) * * *
(ii) Such proposals, whether received through contact with the
appropriate Economic Development Representative (EDR) or Regional
Office of EDA, shall have the opportunity to be formally reviewed by
the appropriate Regional Office Project Review Committee (consisting of
at least three EDA officials) (PRC). Generally, an EDR will evaluate
proposals under paragraph (b) of this section before submitting them to
the EDA Regional Office for such review.
(iii) The results of these PRC meetings shall be communicated to
the proponents in writing and in a timely manner, advising them that
they are: being invited to submit a formal application; having their
application returned because of specified deficiencies (resubmissions
will be allowed when the deficiencies are cured) or being denied for
specific reasons.
* * * * *
(3) * * *
(iii) If the proposal is acceptable under paragraph (b) of this
section, EDA may invite proponents to submit applications which must
include a more detailed and comprehensive project narrative.
* * * * *
(b) General evaluation criteria for projects to be funded under
parts 305, 307 and 308 of this chapter in addition to criteria noted in
such parts, are as follows: All proposals/applications will be screened
for conformance to statutory and regulatory requirements, the relative
severity of the economic problem of the area, the quality of the scope
of work proposed to address the
[[Page 7983]]
problem, the merits of the activity(ies) for which funding is
requested, and the ability of the prospective applicant to carry out
the proposed activity(ies) successfully. The NOFA may identify special
areas of interest for the fiscal year of such NOFA.
PART 305--PUBLIC WORKS AND DEVELOPMENT FACILITIES PROGRAM
1. The authority citation for part 305 continues to read as
follows:
Authority: Sec. 701, Pub. L. 89-136; 79 Stat. 570 (42 U.S.C.
3211); Department of Commerce Organization Order 10-4, as amended
(40 FR 56702, as amended).
2. Section 305.7 is amended by revising paragraph (a) to read as
follows:
Sec. 305.7 Award requirements.
(a) Projects are expected to be completed in a timely manner
consistent with the nature of the project. Normally, the maximum period
for any financial assistance that is provided shall be not more than 5
years from the end of the fiscal year of the award.
* * * * *
3. Section 305.8 is amended in paragraph (b) by revising entries
(6) through (8) in the table to read as follows:
Sec. 305.8 Supplementary grants.
* * * * *
(b) * * *
------------------------------------------------------------------------
Maximum
grant
Projects rates
(percent)
------------------------------------------------------------------------
* * * * *
(6) Projects located in areas designated under Title IV of
the Act in which the median family income is $12,100 or
below, or the average unemployment rate for the preceding 24
months is 12 percent or higher.............................. 80
(7) Projects located in areas designated under Title IV of
the Act in which the median family income is $13,900-
$12,101, or the average unemployment rate for the preceding
24 months is 10 percent to 11.9 percent..................... 70
(8) Projects located in areas designated under Title IV of
the Act in which the median family income is $15,700-
$13,901, or the average unemployment rate for the preceding
24 months is 8 percent to 9.9 percent....................... 60
* * * * *
------------------------------------------------------------------------
* * * * *
Sec. 305.13 [Redesignated as Sec. 316.11]
4. Section 305.13 is redesignated as Sec. 316.11.
Sec. 305.14 [Redesignated as Sec. 305.13]
5. Section 305.14 is redesignated as Sec. 305.13.
Sec. 305.15 [Redesignated as Sec. 316.12]
6. Section 305.15 is redesignated as Sec. 316.12.
7. Sections 305.11 through 305.13 are designated as subpart C and a
subpart heading is added to read as follows:
Subpart C--Other Requirements
PART 307--LOCAL TECHNICAL ASSISTANCE, UNIVERSITY CENTER TECHNICAL
ASSISTANCE, NATIONAL TECHNICAL ASSISTANCE, RESEARCH AND EVALUATION
AND PLANNING
1. The authority citation for part 307 continues to read as
follows:
Authority: Sec. 701, Pub. L. 89-136; 79 Stat. 570 (42 U.S.C.
3211); Department of Commerce Organization Order 10-4, as amended
(40 FR 56702, as amended).
2. Section 307.2 is amended by revising paragraph (c) to read as
follows:
Sec. 307.2 Applicants.
* * * * *
(c) Technical assistance grant funds may not be awarded to private
individuals or for profit organizations.
3. Section 307.12 is amended by revising paragraph (c) to read as
follows:
Sec. 307.12 Applicants.
* * * * *
(c) Technical assistance grant funds may not be awarded to private
individuals or for profit organizations.
4. Section 307.13 is amended by revising paragraph (b) to read as
follows:
Sec. 307.13 Selection process.
* * * * *
(b) EDA may during the course of the year, identify specific
economic development technical assistance activities it wishes to have
conducted. Organizations and individuals interested in being invited to
respond to Solicitations of Applications (SOAs) to conduct such studies
should submit information on their capabilities and experience. See the
annual FY NOFA for the appropriate point of contact and address.
4. Section 307.14 is amended by revising paragraph (e) to read as
follows:
Sec. 307.14 Evaluation criteria.
* * * * *
(e) Demonstrates innovative approaches to stimulating economic
development in depressed areas.
5. Section 307.16 is amended by revising the introductory text to
read as follows:
Sec. 307.16 Purpose and scope.
The purposes of research and evaluation projects are as follows:
* * * * *
6. Section 307.18 is amended by revising paragraph (b) to read as
follows:
Sec. 307.18 Selection process.
* * * * *
(b) EDA may during the course of the year, identify specific
research or program evaluation projects it wishes to have conducted.
Organizations and individuals interested in being invited to respond to
SOAs to conduct such studies should submit information on their
capabilities and experience. See the annual FY NOFA for the appropriate
point of contact and address.
7. Section 307.20 is amended by revising paragraph (c) and removing
paragraph (e) to read as follows:
Sec. 307.20 Research topics and structure.
* * * * *
(c) EDA normally prefers research of broad geographical scope.
* * * * *
PART 308--REQUIREMENTS FOR GRANTS UNDER THE TITLE IX ECONOMIC
ADJUSTMENT PROGRAM
1. The authority citation for part 308 continues to read as
follows:
Authority: Sec. 701, Pub. L. 89-136; 79 Stat. 570 (42 U.S.C.
3211); Department of Commerce Organization Order 10-4, as amended
(40 FR 56702, as amended).
2. Section 308.5 is amended by revising paragraph (b) to read as
follows:
Sec. 308.5 Selection process.
* * * * *
(b) Applicants for funding of a Revolving Loan Fund (RLF) are
generally required to submit a RLF Plan in addition to the adjustment
strategy for the area. Guidelines on RLFs are available from the
Regional Offices. See the annual FY NOFA for the appropriate point of
contact and address.
2. Section 308.7 is amended by revising paragraph (a) to read as
follows:
Sec. 308.7 Award requirements.
(a) Projects are expected to be completed in a timely manner
consistent with the nature of the project. Normally, the maximum period
for any financial assistance that is provided shall be not more than 5
years from the end of the fiscal year of the award.
* * * * *
[[Page 7984]]
PART 315--CERTIFICATION AND ADJUSTMENT ASSISTANCE FOR FIRMS
1. The heading for part 315 is revised to read as set forth above.
2. The authority citation for part 315 continues to read as
follows:
Authority: Sec. 701, Pub. L. 89-136; 79 Stat. 570 (42 U.S.C.
3211); Title II, Chapter 3 of the Trade Act of 1974, as amended, (19
U.S.C. 2341-2355); Department of Commerce Organization Order 10-4,
as amended (40 FR 56702, as amended).
3. Section 315.2 is amended by revising the definitions of Firm,
Partial separation, and A significant number or proportion of workers
to read as follows:
Sec. 315.2 Definitions.
* * * * *
Firm means an individual proprietorship, partnership, joint
venture, association, corporation (including a development
corporation), business trust, cooperative, trustee in bankruptcy or
receiver under court decree and including fishing, agricultural
entities and those which explore, drill or otherwise produce oil or
natural gas. When a firm owns or controls other firms as described
below, for purposes of receiving benefits under this part, the firm and
such other firms may be considered a single firm when they produce like
or directly competitive articles or are exerting essential economic
control over one or more production facilities. Such other firms
include:
(1) Predecessor;
(2) Successor;
(3) Affiliate; or
(4) Subsidiary.
* * * * *
Partial separation means either:
(1) A reduction in an employee's work hours to 80 percent or less
of the employee's average weekly hours during the year of such
reductions as compared to the preceding year; or
(2) A reduction in the employee's weekly wage to 80 percent or less
of his/her average weekly wage during the year of such reduction as
compared to the preceding year.
* * * * *
A significant number or proportion of workers means 5 percent of
the firm's work force or 50 workers, whichever is less. An individual
farmer is considered a significant number or proportion of workers.
* * * * *
4. Section 315.5 is amended by revising paragraph (b)(2) to read as
follows:
Sec. 315.5 Selection process.
* * * * *
(b) * * *
(2) Once firms are certified in accordance with the procedures
described in Secs. 315.9 and 315.10, an adjustment proposal is usually
prepared with technical assistance from a party independent of the
firm, usually the TAAC, and submitted to EDA;
* * * * *
5. Section 315.8 is amended by revising paragraph (a) to read as
follows:
Sec. 315.8 Purpose and scope.
(a) Trade Adjustment Assistance Centers (TAACs) are available to
assist firms in all fifty states, the District of Columbia and the
Commonwealth of Puerto Rico in obtaining adjustment assistance. TAACs
provide technical assistance in accordance with this subpart either
through their own staffs or by arrangements with outside consultants.
Information concerning TAACs serving particular areas can be obtained
from EDA. See the annual FY NOFA for the appropriate point of contact
and address.
* * * * *
6. Section 315.9 is amended by revising paragraph (a) to read as
follows:
Sec. 315.9 Certification requirements.
* * * * *
(a) A significant number or proportion of workers in such firm have
become totally or partially separated, or are threatened to become
totally or partially separated.
* * * * *
7. Section 315.10 is amended by revising paragraphs (b)(4) through
(b)(6) to read as follows:
Sec. 315.10 Processing petitions for certification.
* * * * *
(b) * * *
(4) Data on its sales, production and employment for the two most
recent years;
(5) Copies of its audited financial statements, or if not
available, unaudited financial statements and Federal income tax
returns for the two most recent years;
(6) Copies of unemployment insurance reports for the two most
recent years.
* * * * *
8. Section 315.11 is amended by revising paragraph (a) to read as
follows:
Sec. 315.11 Hearings, appeals and final determinations.
(a) Any petitioner may appeal to EDA from a denial of certification
provided that the appeal is received by EDA in writing by personal
delivery or by registered mail within 60 days from the date of notice
of denial under Sec. 315.10(g). The appeal shall state the grounds on
which the appeal is based, including a concise statement of the
supporting facts and law. The decision of EDA on the appeal shall be
the final determination within the Department of Commerce. In the
absence of an appeal by the petitioner under this paragraph, such final
determination shall be determined under Sec. 315.10(g).
* * * * *
PART 316--GENERAL REQUIREMENTS FOR FINANCIAL ASSISTANCE
1. The authority citation for part 316 continues to read as
follows:
Authority: Sec. 701, Pub. L. 89-136; 79 Stat. 570 (42 U.S.C.
3211); Title II, Chapter 3 of the Trade Act of 1974, as amended, (42
U.S.C. 2341-2355); Department of Commerce Organization Order 10-4,
as amended (40 FR 56702, as amended).
2. Section 316.1 is amended by revising paragraphs (b)(1) and
(b)(7) to read as follows:
Sec. 316.1 Environment.
* * * * *
(b) * * *
(1) Requirements under the National Environmental Policy Act of
1969 (NEPA), Public Law 91-190, as amended, 42 U.S.C. 4321 et seq. as
implemented under 40 CFR parts 1500 et seq. including the following:
(i) The implementing regulations of NEPA require EDA to provide
public notice of the availability of project specific environmental
documents such as environmental impact statements, environmental
assessments, findings of no significant impact, records of decision
etc., to the affected public as specified in 40 CFR 1506.6(b); and
(ii) Depending on the project location, environmental information
concerning specific projects can be obtained from the Environmental
Officer in the appropriate Washington, D.C. or regional office listed
in the NOFA;
* * * * *
(7) Resource Conservation and Recovery Act of 1976, Public Law 94-
580 as amended, 42 U.S.C. 6901 et seq.;
* * * * *
3. Section 316.3 is amended by revising paragraph (b) to read as
follows:
Sec. 316.3 Excess capacity.
* * * * *
(b) Definitions. For purposes of this section only:
Capacity means the maximum amount of a product or service that can
be supplied to the market area over a sustained period by existing
enterprises
[[Page 7985]]
through the use of present facilities and customary work schedules for
the industry.
Demand means the actual quantity of a product or service that users
are willing to purchase for use in the market area served by the
intended commercial or industrial beneficiary.
Efficient capacity means that part of capacity derived from the use
of contemporary structures, machinery and equipment, designs and
technologies.
Existing competitive enterprise means an established operation
which either produces the same product or delivers the same service to
all or a substantial part of the market area.
* * * * *
4. Section 316.13 is added to read as follows:
Sec. 316.13 Preapproval construction.
Project construction carried out before approval of an application
by EDA is carried out at the sole risk of applicant. Such activity
could result in rejection of such project application, the disallowance
of costs, or other adverse consequences as a result of non-compliance
with Federal labor standards, or Federal environmental, historic
preservation or related requirements.
PART 317--CIVIL RIGHTS
1. The authority citation for part 317 continues to read as
follows:
Authority: Sec. 701, Pub. L. 89-136; 79 Stat. 570 (42 U.S.C.
3211); Department of Commerce Organization Order 10-4, as amended
(40 FR 56702, as amended).
2. Section 317.1 is amended by revising paragraph (c)(2) to read as
follows:
Sec. 317.1 Civil rights.
* * * * *
(c) * * *
(2) Employment data in such form and manner as determined by EDA;
* * * * *
Dated: February 26, 1996.
Phillip A. Singerman,
Assistant Secretary for Economic Development.
[FR Doc. 96-4707 Filed 2-29-96; 8:45 am]
BILLING CODE 3510-34-P
Complete official Federal Register PDF
FR Doc. 96-4571 Approval and Promulgation of Implementation Plans; California State Implementation Plan Revision; Kern County Air Pollution Control District, Sacramento Metropolitan Air Quality Management District
[Federal Register Volume 61, Number 42 (Friday, March 1, 1996)]
[Rules and Regulations]
[Pages 7992-7994]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4571]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 71-8-6938a; FRL-5423-9]
Approval and Promulgation of Implementation Plans; California
State Implementation Plan Revision; Kern County Air Pollution Control
District, Sacramento Metropolitan Air Quality Management District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking direct final action to approve revisions to the
California State Implementation Plan (SIP). The revisions concern rules
from the following districts: the Kern County Air Pollution Control
District (KCAPCD) and the Sacramento Metropolitan Air Management
Control District (SMAQMD). This approval action will incorporate two
rules into the federally approved SIP and remove one rule from the SIP.
The two rules control oxides of nitrogen (NOx) emissions from the
operations of stationary gas turbines and the rule to be removed
controls NOx emissions from steam generators used in the oil
production operations.
The intended effect of approving these rules is to regulate
emissions of NOx in accordance with the requirements of the Clean
Air Act, as amended in 1990 (CAA or the Act). In addition, the final
action on these rules serves as a final determination that the findings
of nonsubmittal for these rules have been corrected and that on the
effective date of this action, any Federal Implementation Plan (FIP)
clock is stopped. Thus, EPA is finalizing the approval of these
revisions into the California SIP under provisions of the CAA regarding
EPA action on SIP submittals, SIPs for national primary and secondary
ambient air quality standards and plan requirements for nonattainment
areas.
DATES: This action is effective on April 30, 1996 unless adverse or
critical comments are received by April 1, 1996. If the effective date
is delayed, a timely notice will be published in the Federal Register.
ADDRESSES: Copies of the rules and EPA's evaluation report of each rule
are available for public inspection at EPA's Region IX office during
normal business hours. Copies of the submitted rules are also available
for inspection at the following locations:
Rulemaking Section (A-5-3), Air and Toxics Division, U.S. Environmental
Protection Agency, Region IX, 75 Hawthorne Street, San Francisco, CA
94105.
Environmental Protection Agency, Air Docket (6102), 401 ``M'' Street
SW., Washington, D.C. 20460.
California Air Resources Board, Stationary Source Division, Rule
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95814.
Kern County Air Pollution Control District, 2700 ``M'' Street, Suite
290, Bakersfield, CA 93301.
Sacramento Metropolitan Air Quality Management District, 8411 Jackson
Road, Sacramento, CA 95826.
FOR FURTHER INFORMATION CONTACT: Daniel A. Meer, Rulemaking Section (A-
5-3), Air and Toxics Division, U.S. Environmental Protection Agency,
Region IX, 75 Hawthorne Street, San Francisco, CA 94105-3901,
Telephone: (415) 744-1185.
SUPPLEMENTARY INFORMATION:
Applicability
The rules being approved into the California SIP include: KCAPCD,
Rule 425, Cogeneration Gas Turbine Engines (Oxides of Nitrogen), and
SMAQMD, Rule 413, Stationary Gas Turbines. The rule being removed from
the SIP is KCAPCD Rule 425, Oxides of Nitrogen Emissions from Steam
Generators Used in Thermally Enhanced Oil Recovery--Western Kern County
Fields. The KCAPCD rules were submitted by the California Air Resources
Board (CARB) to EPA on November 18, 1993 and the SMAQMD rule was
submitted on June 16, 1995.
Background
On November 15, 1990, the Clean Air Act Amendments of 1990 (CAA or
the Act) were enacted. Public Law 101-549, 104 Stat. 2399, codified at
42 U.S.C. 7401-7671q. The air quality planning requirements for the
reduction of NOx emissions through reasonably available control
technology (RACT) are set out in section 182(f) of the CAA. On November
25, 1992, EPA published a Notice of Proposed Rulemaking (NPRM) entitled
``State Implementation Plans; Nitrogen Oxides Supplement to the General
Preamble; Clean Air Act Amendments of 1990 Implementation of Title I;
Proposed Rule,'' (the NOx Supplement) which describes and provides
guidance on the requirements of section 182(f). The NOx Supplement
should be referred to for further information on the NOx
requirements and is incorporated into this proposal by reference.
Section 182(f) of the Clean Air Act requires States to apply the
same requirements to major stationary sources of NOx (``major'' as
defined in section 302 and section 182(c), (d), and (e)) as are applied
to major stationary sources of volatile organic compounds (VOCs), in
moderate or above ozone nonattainment areas. The Kern County area is
classified as serious; the Sacramento Metro Area is classified as
severe; 1 therefore these areas were subject to the RACT
requirements of section 182(b)(2), cited below.
\1\ Kern County retained its designation of nonattainment and
was classified by operation of law pursuant to sections 107(d) and
181(a) upon the date of enactment of the CAA. See 55 FR 56694
(November 6, 1991). The Sacramento Metro Area was reclassified from
serious to severe on June 1, 1995. See 60 FR 20237 (April 25, 1995).
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Section 182(b)(2) requires submittal of RACT rules for major
stationary sources of VOC emissions (not covered by a pre-enactment
control techniques guidelines (CTG) document or a post-enactment CTG
document) by November 15, 1992. There were no NOx CTGs issued
before enactment and EPA has not issued a CTG document for any NOx
sources since enactment of the CAA. The RACT rules covering NOx
sources and submitted as SIP revisions, are expected to require final
installation of the actual NOx controls as expeditiously as
practicable, but not later than May 31, 1995.
The State of California submitted many revised RACT rules for
incorporation into its SIP on November 18, 1993 and June 16, 1995,
including the rules being acted on in this
[[Page 7993]]
document. This document addresses EPA's direct-final action for KCAPCD
Rule 425, Cogeneration Gas Turbine Engines (Oxides of Nitrogen), and
SMAQMD Rule 413, Stationary Gas Turbines. KCAPCD adopted Rule 425 on
August 16, 1993 and SMAQMD adopted Rule 413 on April 6, 1995. These
submitted rules were found to be complete on December 27, 1993 and June
30, 1995 pursuant to EPA's completeness criteria that are set forth in
40 CFR part 51, appendix V 2 and are being finalized for approval
into the SIP. This document also addresses the State of California's
request that Rule 425, Oxides of Nitrogen Emissions from Steam
Generators Used in Thermally Enhanced Oil Recovery--Western Kern County
Fields, be removed from the SIP.
\2\ EPA adopted the completeness criteria on February 16, 1990
(55 FR 5830) and, pursuant to section 110(k)(1)(A) of the CAA,
revised the criteria on August 26, 1991 (56 FR 42216).
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Rules 425 and 413 control the emissions of NOX from stationary
gas turbine operations; rescinded Rule 425 controls emissions from
steam generators used in the oil production operations. NOX
emissions contribute to the production of ground level ozone and smog.
The rules were adopted as part of KCAPCD's and SMAQMD's efforts to
achieve the National Ambient Air Quality Standards (NAAQS) for ozone
and in response to the CAA requirements cited above. The following is
EPA's evaluation and final action for these rules.
EPA Evaluation and Action
In determining the approvability of a NOX rule, EPA must
evaluate the rule for consistency with the requirements of the CAA and
EPA regulations, as found in section 110, and part D of the CAA and 40
CFR part 51 (Requirements for Preparation, Adoption and Submittal of
Implementation Plans). EPA's interpretation of these requirements,
which forms the basis for this action, appears in the NOX
Supplement (57 FR 55620) and various other EPA policy guidance
documents.3 Among these provisions is the requirement that a
NOX rule must, at a minimum, provide for the implementation of
RACT for stationary sources of NOX emissions.
\3\ Among other things, the pre-amendment guidance consists of
those portions of the proposed post-1987 ozone and carbon monoxide
policy that concern RACT, 52 FR 45044 (November 24, 1987); ``Issues
Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations,
Clarification to Appendix D of November 24, 1987 Federal Register
Notice'' (Blue Book) (notice of availability was published in the
Federal Register on May 25, 1988).
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For the purposes of assisting state and local agencies in
developing NOX RACT rules, EPA prepared the NOX Supplement to
the General Preamble, cited above. In the NOX Supplement, EPA
provides guidance on how RACT will be determined for stationary sources
of NOX emissions. While most of the guidance issued by EPA on what
constitutes RACT for stationary sources has been directed towards
application for VOC sources, much of the guidance is also applicable to
RACT for stationary sources of NOX (see section 4.5 of the
NOX Supplement). In addition, pursuant to section 183(c), EPA has
issued alternative control technique documents (ACTs), that identify
alternative controls for all categories of stationary sources of
NOX. The ACT documents provide information on control technology
for stationary sources that emit or have the potential to emit 25 tons
per year or more of NOX. However, the ACTs do not establish a
presumptive norm for what is considered RACT for stationary sources of
NOX. In general, the guidance documents cited above, as well as
other relevant and applicable guidance documents, have been set forth
to ensure that submitted NOX RACT rules meet Federal RACT
requirements and are fully enforceable and strengthen or maintain the
SIP.
KCAPCD's submitted Rule 425, Cogeneration Gas Turbine Engines
(Oxides of Nitrogen), is a new rule that will control NOX
emissions from cogeneration gas turbines with rating equal to or
greater than 10 megawatts (MW) used in producing steam and generate
electric power for use in industrial and power utility operations. The
rule limits NOX emissions from units using selective catalytic
reduction (SCR) to 9 parts per million by volume (ppmv) when operated
on gaseous fuel and to 25 ppmv when operated on oil fuel. For the same
size units (i.e., Westinghouse 251B10) using dry low-NOX
combustors, the rule limits NOX emissions to 20 ppmv for units
operating on gaseous fuel and 42 ppmv for units operating on oil fuel.
The limits are corrected to 15 percent oxygen on dry basis.
SMAQMD's submitted Rule 413, Stationary Gas Turbines, is a new rule
that will control NOX emissions from cogeneration units with
ratings equal to or greater than 0.3 MW output, or 3 million BTU/hr
(MMBTU/hr) input used to generate electricity, supply steam for
industrial processes and provide heating supply for buildings. The rule
specifies emission limits of 42 ppmv (gas fired) and 65 ppmv (oil
fired) for units rated less than or equal to 2.9 MW and operating at
less than 877 hours per year. For all other units operating at greater
than or equal to 877 hours per year, the rule specifies the following
emission limits: (i) 25 ppmv (gas fired) and 65 ppmv (oil fired) for
units rated less than 10 MW; (ii) 15 ppmv (gas fired) and 42 ppmv (oil
fired) for units rated greater than 10 MW with no SCR; and (iii) 9 ppmv
(gas fired) and 25 ppmv (oil fired) for units rated greater than 10 MW
with SCR.
KCAPCD's Rule 425, Oxides of Nitrogen Emissions from Steam
Generators Used in Thermally Enhanced Oil Recovery--Western Kern County
Fields, was submitted to be removed from the SIP. This rule was adopted
to control NOX emissions from steam generators used in the oil
production at the western portion of Kern County. KCAPCD, at that time,
had jurisdiction over the San Joaquin Valley Air Basin and the
Southeast Desert Air Basin. However, on March 20, 1991, the San Joaquin
Valley Unified Air Pollution Control District (SJVUAPCD) was formed.
This newly formed unified district took over the responsibility and
authority over the San Joaquin Valley Air Basin which includes all of
the eight counties except the Southeast Desert Air Basin portion of
Kern County. As a result of the above delineation of geographical
boundaries, KCAPCD (Southeast Desert portion) ceased its authority over
the oil production operation at the western portion of Kern County.
Consequently, KCAPCD is rescinding Rule 425 because the sources subject
to this rule are no longer under its authority. The removal of Rule 425
from the SIP is consistent with EPA's policy requirements and removes
an extraneous rule that serves no purpose.
The California Air Resources Board (CARB) has issued a reasonably
available control technology/best available retrofit control technology
(RACT/BARCT) determination for stationary source gas turbines with a
rating of greater than or equal to 0.3 megawatts. The RACT limits are
42 ppmv for gas fired units and 65 ppmv for oil fired units. BARCT
limits for units with SCR are 9 ppmv and 25 ppmv for gas fired units
and oil fired units respectively. For units without SCR, the BARCT
limits are 15 ppmv (gas fired units) and 42 ppmv (oil fired units). The
limits in Rule 425 and Rule 413 exceed California and Federal RACT
limits by a significant margin.
In evaluating the rules, EPA must determine whether the requirement
for RACT implementation by May 31, 1995 is met. Under certain
circumstances, the determination of what constitutes RACT could include
consideration of advanced control technologies, i.e., California's
requirement for BARCT. In this case the CAA's May 1995 date for RACT
implementation may be satisfied
[[Page 7994]]
in BARCT rules that establish ``interim RACT'' by May 1995, and require
emission limitations based on advanced control technologies such as
BARCT be met after May 1995. Rule 425 and Rule 413 require final
compliance with BARCT limits by January 1997 and May 1997 respectively.
The rules also require that interim measures (submission of compliance
plans, and applying for authority to construct) be met by May 31, 1995
to ensure progress toward the final compliance. A more detailed
discussion of the sources controlled, the controls required, and the
justification for why these controls represent RACT can be found in the
Technical Support Documents (TSDs) for Rule 425 and Rule 413, dated
November 28, 1995.
EPA has evaluated the submitted rules and has determined that they
are consistent with the CAA, EPA regulations, and EPA policy.
Therefore, KCAPCD's Rule 425, Cogeneration Gas Turbine Engines (Oxide
of Nitrogen), and SMAQMD's Rule 413, Stationary Gas Turbines are being
approved under section 110(k)(3) of the CAA as meeting the requirements
of section 110(a), section 182(b)(2), section 182(f) and the NOX
Supplement to the General Preamble. Furthermore, EPA is removing
applicable Rule 425 consistent with the requirements of sections 110
(l) and 193.
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.
EPA is publishing this document without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comments. However, in a separate document in this Federal
Register publication, the EPA is proposing to approve the SIP revision
should adverse or critical comments be filed. This action will be
effective April 30, 1996, unless, by April 1, 1996, adverse or critical
comments are received.
If the EPA receives such comments, this action will be withdrawn
before the effective date by publishing a subsequent document that will
withdraw the final action. All public comments received will then be
addressed in a subsequent final rule based on this action serving as a
proposed rule. The EPA will not institute a second comment period on
this action. Any parties interested in commenting on this action should
do so at this time. If no such comments are received, the public is
advised that this action will be effective April 30, 1996.
Regulatory Process
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.
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 affected small entities. Moreover, due
to the nature of the Federal-state relationship under the CAA,
preparation of a regulatory flexibility analysis would constitute
Federal inquiry into the economic reasonableness of state action. The
CAA forbids EPA to base its actions concerning SIPs on such grounds.
Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976);
42 U.S.C. 7410(a)(2).
Unfunded Mandates
Under Sections 202, 203, and 205 of the Unfunded Mandates Reform
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22,
1995, EPA must undertake various actions in association with proposed
or final rules that include a Federal mandate that may result in
estimated costs of $100 million or more to the private sector, or to
State, local, or tribal governments in the aggregate.
Through submission of this state implementation plan or plan
revision, the State and any affected local or tribal governments have
elected to adopt the program provided for under Part D of the Clean Air
Act. These rules may bind State, local and tribal governments to
perform certain actions and also require the private sector to perform
certain duties. 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.
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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Incorporation by reference, Intergovernmental relations, Ozone,
Reporting and recordkeeping requirements, Volatile organic compound.
Dated: January 30, 1996.
Felicia Marcus,
Regional Administrator.
Subpart F of part 52, chapter I, title 40 of the Code of Federal
Regulations is amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart F--California
2. Section 52.220 is amended by adding paragraphs (c)(194)(i)(B)
(2) and (3) and (222)(i)(C)(2) to read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(194)* * *
(i) * * *
(B) * * *
(2) Rule 425, adopted on August 16, 1993.
(3) Previously submitted to EPA on June 28, 1982 and approved in
the Federal Register on May 3, 1984 and now removed without
replacement, Rule 425.
* * * * *
(222) * * *
(i) * * *
(C) * * *
(2) Rule 413, adopted on April 6, 1995.
* * * * *
[FR Doc. 96-4571 Filed 2-29-96; 8:45 am]
BILLING CODE 6560-50-P
Complete official Federal Register PDF
FR Doc. 96-4526 National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List
[Federal Register Volume 61, Number 42 (Friday, March 1, 1996)]
[Rules and Regulations]
[Pages 7996-7997]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4526]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[FRL-5431-3]
National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List
AGENCY: Environmental Protection Agency.
ACTION: Notice of Deletion of the Arkansas City Dump Superfund Site
from the National Priorities List (NPL).
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SUMMARY: The Environmental Protection Agency (EPA) announces the
deletion of the Arkansas City Dump Site in Arkansas City, Kansas from
the Superfund National Priorities List (NPL). The NPL constitutes
Appendix B to the National Oil and Hazardous Substances Pollution
Contingency Plan (NCP) which EPA promulgated pursuant to section 105 of
the Comprehensive Environmental Response, Compensation, and Liability
Act of 1980 (CERLCA), as amended. In consultation with the state of
Kansas, EPA has determined that the necessary Fund-financed response
actions under CERCLA have been implemented. The EPA has concluded that
this remedial action is protective of human health, and the
environment. The State of Kansas has concurred on the deletion of this
site from the NPL.
EFFECTIVE DATE: March 1, 1996.
FOR FURTHER INFORMATION CONTACT: David V. Crawford, Remedial Project
Manager, Superfund Division,
[[Page 7997]]
Environmental Protection Agency, Region VII, 726 Minnesota Avenue,
Kansas City, Kansas 66101, (913) 551-7702.
SUPPLEMENTARY INFORMATION: Under section 105(a)(8)(B) of CERCLA, EPA
established the NPL as a priority list among known or threatened
releases of hazardous substances, pollutants and contaminants
throughout the United States, for potential response action. Sites on
the NPL may be the subject of Hazardous Substance Superfund (Fund)
financed, or responsible party, remedial actions. Sites are deleted
from the NPL when all appropriate response actions have been
implemented or investigation of the site has shown that the site poses
no significant threat. Any sites deleted from the NPL remain eligible
for future response actions if conditions at the site are later found
to warrant such action. Section 300.425(e)(3) of the National Oil and
Hazardous Substances Pollution Contingency Plan (NCP) provides that
whenever there is a significant release from a site deleted from the
NPL, the site shall be restored to the NPL without application of the
Hazard Ranking System. Deletion of a site from the NPL does not affect
responsible party liability or impede Agency efforts to recover costs
associated with response efforts. Specific information about this site
follows.
Arkansas City Dump
The Arkansas City Dump site is located in Arkansas City, Kansas.
The EPA published a Notice of Intent to Delete the Arkansas City Dump
site from the NPL on September 20, 1995. The EPA also published a
notification in the principal local newspaper on September 14, 1995.
The comment period ended on October 25, 1995. The EPA received no
comments. Entries in the Deletion Docket may be reviewed at the EPA
Region VII office in Kansas City, Kansas, and at the Public Library,
125 East Fifth Avenue, Arkansas City, Kansas. It is EPA's policy to
conduct a Five-Year Review at sites in which hazardous substances
remain above levels which allow for unlimited use and unrestricted
exposure. The EPA expects to complete five-year reviews of the remedial
action at the Arkansas City Dump site even though this site has been
deleted from the NPL.
List of Subjects in 40 CFR Part 300
Environmental protection, Chemicals, Hazardous substances,
Hazardous waste, Intergovernmental relations, Reporting and
recordkeeping requirements, Superfund, Water pollution control.
Dated: February 6, 1996.
Dennis Grams,
Regional Administrator.
40 CFR part 300 is amended as follows:
PART 300--[AMENDED]
1. The authority citation for part 300 continues to read as
follows:
Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 9601-9657; E.O.
12777, 56 FR 54757, 3 CFR, 191 Comp., p. 351; E.O. 12580, 52 FR
2923, 3 CFR, 1987 Comp., p. 193.
Appendix B--[Amended]
2. Table 1 of appendix B to part 300 is amended by removing the
Site ``Arkansas City Dump Site, Arkansas City, Kansas''.
[FR Doc. 96-4526 Filed 2-29-96; 8:45 am]
BILLING CODE 6560-50-P
Complete official Federal Register PDF
FR Doc. 96-4179 Actuarial Tables Exceptions; Correction
[Federal Register Volume 61, Number 42 (Friday, March 1, 1996)]
[Rules and Regulations]
[Pages 7991-7992]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4179]
=======================================================================
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DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Parts 1, 20, and 25
[TD 8630]
RIN 1545-AR56
Actuarial Tables Exceptions; Correction
AGENCY: Internal Revenue Service (IRS), Treasury.
ACTION: Correction to final regulations.
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SUMMARY: This document contains a correction to final regulations [TD
8630] which were published in the Federal Register for Wednesday,
December 13, 1995 (60 FR 63913). The final regulations relate to
income, estate, and gift tax regulations regarding exceptions to the
use of valuation tables.
EFFECTIVE DATE: December 13, 1995.
FOR FURTHER INFORMATION CONTACT: William L. Blodgett, (202) 622-3090
(not a toll-free number).
[[Page 7992]]
SUPPLEMENTARY INFORMATION:
Background
The final regulations that are the subject of this correction are
under sections 170, 642, 664, 2031, 2512 and 7520 of the Internal
Revenue Code.
Need for Correction
As published, TD 8630 contains a typographical error that is in
need of clarification.
Correction of Publication
Accordingly, the publication of the final regulations which is the
subject of FR Doc. 95-30272, is corrected as follows:
On page 63913, column 1, in the preamble in the caption EFFECTIVE
DATE, line 2, the language ``effective December 13, 1995.'' is
corrected to read ``effective December 13, 1995, and applicable for
transfers after December 13, 1995''.
Cynthia E. Grigsby,
Chief, Regulations Unit, Assistant Chief Counsel (Corporate).
[FR Doc. 96-4179 Filed 2-29-96; 8:45 am]
BILLING CODE 4830-01-P
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