issue-1996-10-01•Federal Register final rules — 1996-10-01
Federal Register final rules — 1996-10-01
issue-1996-10-01Federal Register final rules — 1996-10-01Regulation
Published Federal Register documents, not public-inspection drafts. The GPO XML/text rendition is a research aid; the linked complete official PDF retains the printed layout and all graphics. Graphics are retained in that PDF and are not independently reproduced in this text rendition. Publication does not establish that every provision remains legally in force.
FR Doc. 96-25275 Medicare Program; Notice of Effective Date for Changes to the Hospital Inpatient Prospective Payment Systems and Fiscal Year 1997 Rates
[Federal Register Volume 61, Number 191 (Tuesday, October 1, 1996)]
[Rules and Regulations]
[Page 51217]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25275]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Care Financing Administration
42 CFR Parts 412, 413, and 489
[BPD-847-N]
RIN 0938-AH34
Medicare Program; Notice of Effective Date for Changes to the
Hospital Inpatient Prospective Payment Systems and Fiscal Year 1997
Rates
AGENCY: Health Care Financing Administration (HCFA), HHS.
ACTION: Notice of effective date.
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SUMMARY: On August 30, 1996, we published a final rule--Medicare
Program; Changes to the Hospital Inpatient Prospective Payment Systems
and Fiscal Year 1997 Rates--at 61 FR 46166 et seq. At that time, we
indicated that, by operation of section 801(a)(3) of title 5, United
States Code, the final rule might not take effect until October 29,
1996. On September 17, 1996, the Senate voted to reject a joint
resolution of disapproval of the final rule under section 802 of title
5, United States Code. Accordingly, pursuant to section 801(a)(5) of
title 5, United States Code, the provisions of the August 30, 1996
final rule are effective on October 1, 1996.
FOR FURTHER INFORMATION CONTACT: Nancy Edwards (410) 786-4531.
(Secs. 1102 and 1871 of the Social Security Act (42 U.S.C. 1302 and
1395hh))
(Catalog of Federal Domestic Assistance Program No. 93.773,
Medicare--Hospital Insurance; and Program No. 93.774, Medicare--
Supplementary Medical Insurance Program)
Dated: September 23, 1996.
Bruce C. Vladeck,
Administrator, Health Care Financing Administration.
Dated: September 27, 1996.
Donna E. Shalala,
Secretary.
[FR Doc. 96-25275 Filed 9-30-96; 8:45 am]
BILLING CODE 4120-01-P
Complete official Federal Register PDF
FR Doc. 96-25161 Taking and Importing of Marine Mammals; Small Takes of Marine Mammals Incidental to Specified Activities
[Federal Register Volume 61, Number 191 (Tuesday, October 1, 1996)]
[Rules and Regulations]
[Pages 51213-51214]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25161]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
15 CFR Part 902
50 CFR Part 216
[Docket No. 960917260-6260-01; I.D. 090596B]
RIN 0648-XX67
Taking and Importing of Marine Mammals; Small Takes of Marine
Mammals Incidental to Specified Activities
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; technical amendment.
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SUMMARY: NMFS issues this technical amendment to remove expired
regulations governing the small take of marine mammals incidental to
conducting specified activities in the marine environment. This
technical amendment is intended to provide the public with uniform,
updated and streamlined regulations. This action is consistent with the
President's Regulatory Reform Initiative.
EFFECTIVE DATE: September 24, 1996.
FOR FURTHER INFORMATION CONTACT: Kenneth R. Hollingshead, NMFS, Office
of Protected Resources, NMFS (telephone 301-713-2055).
SUPPLEMENTARY INFORMATION:
On August 21, 1991 (56 FR 41628), NMFS published final regulations
effective from September 23, 1991, through September 23, 1996, to
[[Page 51214]]
authorize the incidental take of a small number of marine mammals
during launches of Titan IV rockets from Vandenberg Air Force Base,
California (Vandenberg). Under section 101(a)(5)(A) of the Marine
Mammal Protection Act (16 U.S.C. 1361 et seq.; MMPA), an authorization
under this provision may not exceed 5 years.
On April 30, 1994, the President signed Public Law 103-238, the
MMPA Amendments of 1994. One part of this law added a new subsection
101(a)(5)(D) to the MMPA, establishing an expedited process by which
citizens of the United States can apply for an authorization to
incidentally take small numbers of marine mammals by harassment for a
period of up to 1 year. Under this provision, the U.S. Air Force
applied on January 24, 1996, for a 1-year authorization to incidentally
take by harassment a small numbers of harbor seals, California sea
lions, northern elephant seals, northern fur seals, and possibly
Guadalupe fur seals in the vicinity of Vandenberg, to replace the
authorization expiring on September 24, 1996. These harassment takes
would result from launchings of both Titan II and Titan IV rockets. A
notice of receipt of the Titan II and IV application and a proposed
authorization was published on March 15, 1996 (61 FR 10727) and a 30-
day public comment period was provided on the application and proposed
authorization.
NMFS anticipates that this 1-year authorization, if issued, along
with others issued previously for Lockheed launch vehicles (60 FR
38308, July 26, 1995 and 61 FR 38437, July 24, 1996) and McDonnell
Douglas Delta II launch vehicles (60 FR 52653, October 10, 1995; see
also 61 FR 45404, August 29, 1996), will be replaced later this year by
new regulations, under section 101(a)(5)(A) of the MMPA, authorizing
and governing incidental take of marine mammals by launches of all
rocket types from Vandenberg. An application for such an authorization
is presently under development by the U.S. Air Force.
Under NOAA Administrative Order 205-11, 7.01, dated December 17,
1990, the Under Secretary for Oceans and Atmosphere has delegated
authority to sign material for publication in the Federal Register to
the Assistant Administrator for Fisheries, NOAA (AA).
Classification
This final rule is exempt from review under E.O. 12866. Because
this rule only removes unnecessary and outdated text, the AA, under
section 553(b)(B) and (d) of the Administrative Procedure Act, for good
cause finds that it is unnecessary to provide prior notice and
opportunity for public comment on this rule or to delay for 30 days its
effective date. Because this rule is being issued without prior notice
and opportunity for public comment, a regulatory flexibility analysis
is not required under the Regulatory Flexibility Act, and none has been
prepared. This rule is not expected to result in economic costs to the
public.
This action is categorically excluded from the requirement to
prepare an environmental assessment by section 6.02b.3(b) (ii) (aa) of
NOAA Administrative Order 216-6 as revised.
Notwithstanding any other provision of law, no person is required
to respond to nor shall a person be subject to a penalty for failure to
comply with a collection of information subject to the requirements of
the Paperwork Reduction Act unless that collection of information
displays a currently valid OMB control number. This final rule does not
contain a collection-of-information requirement for purposes of the
Paperwork Reduction Act.
List of Subjects
15 CFR Part 902
Reporting and recordkeeping requirements.
50 CFR Part 216
Administrative practice and procedure, Imports, Indians, Marine
mammals, Penalties, Reporting and recordkeeping requirements,
Transportation.
Dated: September 25, 1996.
Nancy Foster,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries
Service, National Oceanic and Atmospheric Administration.
For the reasons set out in the preamble, 15 CFR chapter IX and 50
CFR chapter II are amended as follows:
15 CFR Chapter IX
PART 902--NOAA INFORMATION COLLECTION REQUIREMENTS UNDER THE
PAPERWORK REDUCTION ACT: OMB CONTROL NUMBERS
1. The authority citation for part 902 continues to read as
follows:
Authority: 44 U.S.C. 3501 et seq.
Sec. 902.1 [Amended]
2. In Sec. 902.1, paragraph (b), the table is amended by removing,
in the left column under 50 CFR, the entry ``216.125'' and, in the
right column, the corresponding OMB control number.
50 CFR Chapter II
PART 216--REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE
MAMMALS
3. The authority citation for part 216 continues to read as
follows:
Authority: 16 U.S.C. 1361 et seq., unless otherwise noted.
Subpart K--[Removed and Reserved]
4. Subpart K (Secs. 216.121 through 216.126) is removed and
reserved.
[FR Doc. 96-25161 Filed 9-30-96; 8:45 am]
BILLING CODE 3510-22-F
Complete official Federal Register PDF
FR Doc. 96-25136 Broadband Personal Communications Services; Correction
[Federal Register Volume 61, Number 191 (Tuesday, October 1, 1996)]
[Rules and Regulations]
[Pages 51233-51234]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25136]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 20 and 24
[WT Docket No. 96-59; GN Docket No. 90-314; FCC 96-278]
Broadband Personal Communications Services; Correction
AGENCY: Federal Communications Commission.
ACTION: Correction to final rule.
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SUMMARY: This document contains amendments to the final rules (47 CFR
Parts 20 and 24) which were published July 1, 1996 (61 FR 33859). The
rules relate to the competitive bidding and ownership regulations for
Personal Communications Services in the 2 GHz band (``broadband PCS'').
EFFECTIVE DATE: July 31, 1996.
FOR FURTHER INFORMATION CONTACT: Mark Bollinger, Wireless
Telecommunications Bureau, (202) 418-0660.
SUPPLEMENTARY INFORMATION:
Background
The final regulations that are the subject of these corrections
modify the competitive bidding and ownership provisions for broadband
PCS.
Need for Correction
As published, the final rules contain errors which are misleading
and are in need of clarification. Specifically, the amendatory language
to 47 CFR Sec. 20.6 incorrectly identified the newly added note as
``Note 1 to Sec. 20.6(d).'' The correct designation of this note should
be ``Note 3 to Sec. 20.6.'' Also, with regard to Sec. 24.720, the
amendatory language should have indicated that paragraph (l)(11)(ii) is
omitted and paragraph (l)(11)(i) is redesignated as paragraph (l)(11).
Correction of Publication
Accordingly, the publication on July 1, 1996 of amendments to the
final rules (47 CFR Parts 20 and 24), which were the subject of FR Doc.
96-16665, is corrected as follows:
Sec. 20.6 CMRS spectrum aggregation limit [Corrected]
On page 33867, the amendatory language to Sec. 20.6 is corrected to
read as follows, ``Section 20.6 is amended by revising paragraphs
(d)(2), (e) and adding a new Note 3 to Sec. 20.6. * * *''
Sec. 24.720 Definitions [Corrected]
On page 33869, in the first column, the amendatory language to
Sec. 24.720 is corrected to read as follows, ``Section
[[Page 51234]]
24.720 is amended by revising the heading of paragraph (b);
redesignating paragraphs (b)(2) and (b)(3) as paragraphs (b)(3) and
(b)(4) and revising them; redesignating paragraph (l)(11)(i) as
paragraph (l)(11) and removing paragraph (l)(11)(ii); adding new
paragraphs (b)(2) and (b)(5); and revising paragraphs (c)(2), (e), (f),
(g), (j)(2), (n)(1), (n)(3) and (n)(4) * * *.''
As corrected, paragraph (l)(11) reads as follows:
Sec. 24.720 Definitions.
* * * * *
(l) * * *
(11) For purposes of Secs. 24.709(a)(2) and paragraphs (b)(2) and
(d) of this section, Indian tribes or Alaska Regional or Village
Corporations organized pursuant to the Alaska Native Claims Settlement
Act (43 U.S.C. 1601 et seq.), or entities owned and controlled by such
tribes or corporations, are not considered affiliates of an applicant
(or licensee) that is owned and controlled by such tribes, corporations
or entities, and that otherwise complies with the requirements of
Sec. 24.709 (b)(3) and (b)(5) or Sec. 24.709 (b)(4) and (b)(6), except
that gross revenues derived from gaming activities conducted by
affiliated entities pursuant to the Indian Gaming Regulatory Act (25
U.S.C. 2701 et seq.) will be counted in determining such applicant's
(or licensee's) compliance with the financial requirements of
Sec. 24.709(a) and paragraphs (b) and (d) of this section, unless such
applicant establishes that it will not receive a substantial unfair
competitive advantage because significant legal constraints restrict
the applicant's ability to access such gross revenues.
* * * * *
Dated: September 25, 1996.
Federal Communications Commission
Kathleen O'Brien Ham,
Chief, Auctions Division, Wireless Telecommunications Bureau.
[FR Doc. 96-25136 Filed 9-30-96; 8:45 am]
BILLING CODE 6712-01-P
Complete official Federal Register PDF
FR Doc. 96-25131 List of Nonconforming Vehicles Decided To Be Eligible for Importation
[Federal Register Volume 61, Number 191 (Tuesday, October 1, 1996)]
[Rules and Regulations]
[Pages 51242-51249]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25131]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 593
[Docket No. 96-097; Notice 1]
RIN 2127-AG57
List of Nonconforming Vehicles Decided To Be Eligible for
Importation
AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.
ACTION: Final rule.
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SUMMARY: This rule amends NHTSA's regulations establishing procedures
for decisions on whether a vehicle not originally manufactured to
conform to the Federal motor vehicle safety standards is eligible for
importation into the United States, by adding an appendix that lists
all vehicles that have been decided to be eligible for importation.
DATES: The amendment established by this final rule will become
effective October 1, 1996.
FOR FURTHER INFORMATION CONTACT: George Entwistle, Office of Vehicle
Safety Compliance, NHTSA (202-366-5306).
SUPPLEMENTARY INFORMATION: Under 49 U.S.C. 30141(a)(1)(A), a motor
vehicle that was not originally manufactured to conform to all
applicable Federal motor vehicle safety standards shall be refused
admission into the United States unless NHTSA has decided that the
motor vehicle is substantially similar to a motor vehicle originally
manufactured for importation into and sale in the United States,
certified under 49 U.S.C. Sec. 30115, and of the same model year as the
model of the motor vehicle to be compared, and is capable of being
readily altered to conform to all applicable Federal motor vehicle
safety standards. Where there is no substantially similar U.S.--
certified motor vehicle, 49 U.S.C. 30141(a)(1)(B) permits a
nonconforming motor vehicle to be admitted into the United States if
its safety features comply with, or are capable of being altered to
comply with, all applicable Federal motor vehicle safety standards
based on destructive test data or such other evidence as the Secretary
of Transportation decides to be adequate.
Under 49 U.S.C. 30141(a)(1), import eligibility decisions may be
made ``on the initiative of the Secretary of Transportation or on
petition of a manufacturer or importer registered under [49 U.S.C.
30141(c)].'' The Secretary's authority to make these decisions has been
delegated to the Administrator of NHTSA under 49 CFR 1.50(a). The
Administrator initially redelegated to the Associate Administrator for
Enforcement (now Safety Assurance) the authority to grant or deny
petitions for import eligibility decisions submitted by motor vehicle
manufacturers and registered importers, and subsequently transferred
this authority to the Director, Office of Vehicle Safety Compliance (49
CFR 501.8(l)). Thus far, a number of import eligibility decisions have
been made on the Administrator's own initiative, and the Associate
Administrator and Office Director have granted many petitions for such
decisions submitted by registered importers.
Under 49 U.S.C. 30141(b)(2), a list of all vehicles for which
import eligibility decisions have been made must be published annually
in the Federal Register. NHTSA has previously published these lists on
four occasions, at 57 FR 29553 (July 2, 1992), 59 FR 8671 (February 23,
1994), 60 FR 8268 (February 13, 1995), and 61 FR 8097 (March 1, 1996).
To ensure that the list is more widely disseminated to government
personnel who oversee vehicle imports and to interested members of the
public, NHTSA is now publishing the list as an appendix to its
regulations at 49 CFR Part 593 that establish procedures for decisions
on
[[Page 51243]]
whether a vehicle not originally manufactured to conform to the Federal
motor vehicle safety standards is eligible for importation into the
United States. NHTSA intends to annually revise the list published in
the appendix to include any additional vehicles for which import
eligibility decisions are made. The Federal Register notices that
announce these revisions, together with the publication of the list in
the Code of Federal Regulations, will fulfill the annual publication
requirements of 49 U.S.C. 30141(b)(2).
Rulemaking Analyses and Notices
1. Executive Order 12866 (Federal Regulatory Planning and Review) and
DOT Regulatory Policies and Procedures
This rulemaking action was not reviewed under E.O. 12866. NHTSA has
analyzed this rulemaking action and determined that it is not
``significant'' within the meaning of the Department of
Transportation's regulatory policies and procedures.
2. Regulatory Flexibility Act
In accordance with the Regulatory Flexibility Act, NHTSA has
evaluated the effects of this action on small entities. Based upon this
evaluation, I certify that the amendment resulting from this rulemaking
will not have a significant economic impact on a substantial number of
small entities. Accordingly, the agency has not prepared a regulatory
flexibility analysis.
Because this rulemaking does not impose any regulatory
requirements, but merely furnishes information by adding the list of
vehicles for which import eligibility decisions have been made to Code
of Federal Regulations, it has no economic impact.
3. Executive Order 12612 (Federalism)
This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 12612, and it has been determined
that this rule does not have sufficient Federalism implications to
warrant preparation of a Federalism Assessment. No State laws will be
affected.
4. National Environmental Policy Act
The agency has considered the environmental implications of this
rule in accordance with the National Environmental Policy Act of 1969
and determined that it will not significantly affect the human
environment.
5. Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1980, P.L. 96-
511, the agency notes that there are no information collection
requirements associated with this rulemaking action.
6. Civil Justice Reform
This rule does not have any retroactive effect. Under section
103(d) of the National Traffic and Motor Vehicle Safety Act (49 U.S.C.
30111), whenever a Federal motor vehicle safety standard is in effect,
a state may not adopt or maintain a safety standard applicable to the
same aspect of performance which is not identical to the Federal
standard. Section 105 of the Act (49 U.S.C. 30161) sets forth a
procedure for judicial review of final rules establishing, amending or
revoking Federal motor vehicle safety standards. That section does not
require submission of a petition for reconsideration or other
administrative proceedings before parties may file suit in court.
7. Notice and Comment
NHTSA finds that prior notice and opportunity for comment are
unnecessary under 5 U.S.C. 553(b)(3)(B) because this amendment does not
impose any regulatory requirements, but merely identifies those
vehicles not originally manufactured to conform to the Federal motor
vehicle safety standards that NHTSA has decided to be eligible for
importation into the United States.
In addition, so that the list of vehicles for which import
eligibility decisions have been made may be included in the next
revision to the appropriate volume of the Code of Federal Regulations,
which is to be revised as of October 1, 1996, good cause exists to
dispense with the requirement in 5 U.S.C. Sec. 53(d) for the effective
date of the rule to be delayed for at least 30 days following its
publication.
List of Subjects in 49 CFR Part 593
Imports, Motor vehicle safety, Motor vehicles.
In consideration of the foregoing, Part 593 of Title 49 of the Code
of Federal Regulations, Determinations that a vehicle not originally
manufactured to conform to the Federal Motor Vehicle Safety Standards
is eligible for importation, is amended as follows:
PART 593--[AMENDED]
1. The authority citation for Part 593 is revised to read as
follows:
Authority: 49 U.S.C. 322 and 30141(b); delegation of authority
at 49 CFR 1.50.
2. A new Appendix A is added to Part 593, to read as follows:
Appendix A to Part 593--List of Vehicles Determined To Be Eligible for
Importation
Each vehicle on the following list is preceded by a vehicle
eligibility number. The importer of a vehicle admissible under any
eligibility decision must enter that number on the HS-7 Declaration
Form accompanying entry to indicate that the vehicle is eligible for
importation.
``VSA'' eligibility numbers are assigned to all vehicles that
are decided to be eligible for importation on the initiative of the
Administrator under Sec. 593.8.
``VSP'' eligibility numbers are assigned to vehicles that are
decided to be eligible under Sec. 593.7(f), based on a petition from
a manufacturer or registered importer submitted under Sec.
593.5(a)(1), which establishes that a substantially similar U.S.-
certified vehicle exists.
``VCP'' eligibility numbers are assigned to vehicles that are
decided to be eligible under Sec. 593.7(f), based on a petition from
a manufacturer or registered importer submitted under Sec.
593.5(a)(2), which establishes that the vehicle has safety features
that comply with, or are capable of being altered to comply with,
all applicable Federal motor vehicle safety standards.
Vehicles for which eligibility decisions have been made are
listed alphabetically by make, with the exception of Mercedes-Benz
vehicles, which appear at the end of the list. Eligible models
within each make are listed numerically by ``VSA,'' ``VSP,'' or
``VCP'' number.
All hyphens used in the Model Year column mean ``through'' (for
example, ``1972-1989'' means ``1972 through 1989'').
The initials ``MC'' used in the Manufacturer column mean
``motorcycle.''
The initials ``SWB'' used in the Model Type column mean ``Short
Wheel Base.''
The initials ``LWB'' used in the Model Type column mean ``Long
Wheel Base.''
Vehicles Certified by Their Original Manufacturer as Complying With All
Applicable Canadian Motor Vehicle Safety Standards
VSA# 1
(a) All passenger cars less than 25 years old that were
manufactured before September 1, 1989;
(b) All passenger cars manufactured on or after September 1,
1989, and before September 1, 1996, which are equipped with an
automatic restraint system that complies with Federal Motor Vehicle
Safety Standard (FMVSS) No. 208;
(c) All multipurpose passenger vehicles, trucks, and buses less
than 25 years old that were manufactured before September 1, 1991;
(d) All multipurpose passenger vehicles, trucks, and buses
manufactured on and after September 1, 1991, certified by their
original manufacturer to comply with the requirements of FMVSS No.
202 and 208 to which they would have been subject had they been
manufactured for sale in the United States; and
(e) All trailers and motorcycles less than 25 years old.
[[Page 51244]]
Vehicles Manufactured for Other Than the Canadian Market
--------------------------------------------------------------------------------------------------------------------------------------------------------
Manufacturer VSP VSA VCP Model type Model year
--------------------------------------------------------------------------------------------------------------------------------------------------------
Acura................................. 51 ......... ......... Legend..................................... 1988
77 ......... ......... Legend..................................... 1989
Alfa Romeo............................ 44 ......... ......... Spider..................................... 1972
70 ......... ......... Spider..................................... 1987
76 ......... ......... 164........................................ 1991
124 ......... ......... GTV........................................ 1985
156 ......... ......... 164........................................ 1994
Aston Martin.......................... 123 ......... ......... Volante.................................... 1990-1991
Audi.................................. 93 ......... ......... 100........................................ 1989
160 ......... ......... 200 Quattro................................ 1987
BMW................................... ......... 3 ......... 2002....................................... 1972-1976
7 ......... 2002A...................................... 1972-1976
10 ......... 2002Tii.................................... 1972-1974
11 ......... 3.0 & 3.0A Bavaria......................... 1972
12 ......... 3.0CSi & 3.0CSiA........................... 1972-1974
13 ......... 3.0S & 3.0SA............................... 1974
14 ......... 3.0Si & 3.0SiA............................. 1975
15 ......... 530i & 530iA............................... 1975-1978
16 ......... 320, 320i, & 320iA......................... 1976-1985
17 ......... 630CSi, 630CSiA............................ 1977
18 ......... 633CSi & 633CSiA........................... 1977-1984
19 ......... 733i & 733iA............................... 1977-1984
20 ......... 528i & 528iA............................... 1979-1984
21 ......... 528e & 528eA............................... 1982-1988
22 ......... 533i & 533iA............................... 1983-1984
23 ......... 318i & 318iA............................... 1981-1989
24 ......... 325e & 325eA............................... 1984-1987
25 ......... 535i & 535iA............................... 1985-1989
26 ......... 524tdA..................................... 1985-1986
27 ......... 635, 635CSi, & 635CSiA..................... 1979-1989
28 ......... 735, 735i, & 735iA......................... 1980-1989
29 ......... L7......................................... 1986-1987
30 ......... 325, 325i, 325iA & 325E.................... 1985-1989
31 ......... 325 is & 325isA............................ 1987-1989
32 ......... M6......................................... 1987-1988
33 ......... 325iX & 325iXA............................. 1988-1989
34 ......... M5......................................... 1988
35 ......... M3......................................... 1988-1989
66 ......... 316........................................ 1978-1982
67 ......... 323i....................................... 1978-1985
68 ......... 520 & 520i................................. 1978-1983
69 ......... 525 & 525i................................. 1979-1982
70 ......... 728 & 728i................................. 1977-1985
......... 71 ......... 730, 730i, & 730iA......................... 1978-1980
72 ......... 732i....................................... 1980-1984
73 ......... 745i....................................... 1980-1986
78 ......... All other models except those in the M1 & 1972-1989
Z1 series..
4 ......... ......... 518i....................................... 1986
5 ......... ......... 525i....................................... 1989
6 ......... ......... 730iA...................................... 1988
9 ......... ......... 520iA...................................... 1989
10 ......... ......... 850i....................................... 1991
14 ......... ......... 728i....................................... 1986
15 ......... ......... 625CSi..................................... 1981
24 ......... ......... 730i....................................... 1991
25 ......... ......... 316........................................ 1986
32 ......... ......... 628CSi..................................... 1980
41 ......... ......... 750iL...................................... 1993
46 ......... ......... 518i....................................... 1991
55 ......... ......... 850i....................................... 1993
57 ......... ......... 730i....................................... 1993
79 ......... ......... 525i....................................... 1991-1992
81 ......... ......... 750iL...................................... 1991
91 ......... ......... 750iL...................................... 1990
96 ......... ......... 325i....................................... 1991
99 ......... ......... 840Ci...................................... 1993
110 ......... ......... 520i....................................... 1992
119 ......... ......... 520i....................................... 1994
131 ......... ......... 730i....................................... 1993-1994
133 ......... ......... 525i....................................... 1993
[[Page 51245]]
146 ......... ......... 735iL...................................... 1991
183 ......... ......... 520 Series................................. 1995
BMW MC................................ 30 ......... ......... R75/6...................................... 1974
58 ......... ......... R100S...................................... 1977
177 ......... ......... R1100RS.................................... 1994
Bristol Bus........................... ......... ......... 2 VRT Bus-Double Decker...................... 1978-1981
4 VRT Bus-Double Decker...................... 1977
10 VRT Bus-Double Decker...................... 1972-1973
Chevrolet............................. 150 ......... ......... 400SS...................................... 1995
Citroen............................... ......... ......... 1 XM......................................... 1990-1992
Dodge................................. 112 ......... ......... Colt....................................... 1973
135 ......... ......... Ram........................................ 1994-1995
Ferrari............................... ......... 36 ......... 308 (all models)........................... 1974-1985
37 ......... 328 GTS.................................... 1985-1989
37 ......... 328 (all other models)..................... 1985 & 1988-1989
Ferrari............................... ......... 38 ......... GTO........................................ 1985
39 ......... Testarossa................................. 1987-1989
74 ......... Mondial (all models)....................... 1980-1989
76 ......... 208, 208 Turbo (all models)................ 1974-1988
86 ......... ......... 348TB...................................... 1992
100 ......... ......... 365 GTB/4 Daytona.......................... 1972-1973
107 ......... ......... Dino....................................... 1973
161 ......... ......... 348TS...................................... 1992
173 ......... ......... 512TR...................................... 1993
Ford.................................. ......... ......... 9 Escort RS.................................. 1994-1995
151 ......... ......... Mustang.................................... 1972
Freightliner.......................... 178 ......... ......... FTLD112064SD............................... 1991-1996
179 ......... ......... FLD12064ST................................. 1991-1996
GMC................................... 134 ......... ......... Suburban................................... 1992-1994
Hobson................................ ......... ......... 8 Horse Trailer.............................. 1985
Honda................................. 128 ......... ......... Civic DX................................... 1989
Honda MC.............................. 34 ......... ......... VFR750..................................... 1990
106 ......... ......... CB1000F.................................... 1988
174 ......... ......... CP450SC.................................... 1986
Jaguar................................ ......... 40 ......... XJS........................................ 1980-1987
41 ......... XJ6........................................ 1972-1986
47 ......... ......... XJ6........................................ 1987
78 ......... ......... Sovereign.................................. 1993
129 ......... ......... XJS........................................ 1992
175 ......... ......... XJS........................................ 1991
Jaguar Daimler........................ 12 ......... ......... Limousine.................................. 1985
Jeep.................................. 164 ......... ......... Cherokee................................... 1992
180 ......... ......... Cherokee................................... 1995
Kawasaki MC........................... 182 ......... ......... ZX1000-B1.................................. 1988
Ken-Mex............................... 187 ......... ......... T800....................................... 1990-1996
Kenworth.............................. 115 ......... ......... T800....................................... 1992
Lancia................................ 7 ......... ......... Fulvia..................................... 1973
Laverda MC............................ 37 ......... ......... 1000....................................... 1975
Lincoln............................... 144 ......... ......... Mark VII................................... 1992
Maserati.............................. 155 ......... ......... Bi-Turbo................................... 1985
Mazda................................. 42 ......... ......... RX7........................................ 1978-1981
184 ......... ......... MX-5 Miata................................. 1990-1993
MG.................................... 98 ......... ......... MGB GT Coupe............................... 1972
136 ......... ......... MGB Roadster............................... 1972
Mitsubishi............................ 8 ......... ......... Galant VX.................................. 1988
13 ......... ......... Galant SUP................................. 1989
170 ......... ......... Pajero..................................... 1984
Moto Guzzi MC......................... 118 ......... ......... Daytona.................................... 1993
Nissan................................ ......... 75 ......... Z & 280Z................................... 1973-1981
75 ......... Fairlady & Fairlady Z...................... 1975-1979
138 ......... ......... Maxima..................................... 1989
139 ......... ......... Stanza..................................... 1987
162 ......... ......... 240SX...................................... 1988
Peugeot............................... ......... 65 ......... 405........................................ 1989
Porsche............................... ......... 56 ......... 911 Coupe.................................. 1972-1989
56 ......... 911 Targa.................................. 1972-1989
56 ......... 911 Turbo.................................. 1976-1989
56 ......... 911 Cabriolet.............................. 1984-1989
56 911 Carrera.................................... 1972-1989
58 ......... 914........................................ 1972-1976
59 ......... 924 Coupe.................................. 1976-1989
59 ......... 924 Turbo Coupe............................ 1979-1989
[[Page 51246]]
59 ......... 924 S...................................... 1987-1989
60 ......... 928 Coupe.................................. 1976-1989
60 ......... 928 S Coupe................................ 1983-1989
60 ......... 928 S4..................................... 1979-1989
60 ......... 928 GT..................................... 1979-1989
61 ......... 944 Coupe.................................. 1982-1989
61 ......... 944 Turbo Coupe............................ 1985-1989
61 ......... 944 S Coupe................................ 1987-1989
79 ......... All other models except Model 959.......... 1972-1989
29 ......... ......... 911 C4..................................... 1990
52 ......... ......... 911 Carrera................................ 1992
97 ......... ......... 944........................................ 1990
103 ......... ......... 911 Carrera................................ 1994
116 ......... ......... 946........................................ 1994
125 ......... ......... 911 Turbo.................................. 1992
152 ......... ......... 944 S2 2dr Hatchback....................... 1990
Porsche............................... 165 ......... ......... 911 Carrera................................ 1993, 1995, 1996
Rolls Royce........................... ......... 62 ......... Silver Shadow.............................. 1972-1979
16 ......... ......... Bentley.................................... 1989
53 ......... ......... Bentley Turbo.............................. 1986
122 ......... ......... Camargue................................... 1984-1985
186 ......... ......... Bentley Brooklands......................... 1993
Saab.................................. 59 ......... ......... 9000....................................... 1988
158 ......... ......... 900........................................ 1983
Sprite................................ ......... ......... 12 Musketeer Trailer.......................... 1980
Suzuki MC............................. 111 ......... ......... GS850...................................... 1985
Toyota................................ ......... 63 ......... Camry...................................... 1987-1988
64 ......... Celica..................................... 1987-1988
65 ......... Corolla.................................... 1987-1988
39 ......... ......... Camry...................................... 1989
101 ......... ......... Landcruiser................................ 1989
102 ......... ......... Landcruiser................................ 1991
181 ......... ......... Landcruiser................................ 1994
Triumph............................... 108 ......... ......... Spitfire................................... 1973
Volkswagen............................ ......... 42 ......... Scirocco................................... 1986
73 ......... ......... Golf Rally................................. 1988
80 ......... ......... Golf....................................... 1988
92 ......... ......... Golf....................................... 1993
148 ......... ......... Passat 4 door Sedan........................ 1992
149 ......... ......... GTI (Canadian)............................. 1991
159 ......... ......... Golf....................................... 1987
Volvo................................. 43 ......... ......... 262C....................................... 1981
87 ......... ......... 740 Sedan.................................. 1988
95 ......... ......... 940GL...................................... 1993
132 ......... ......... 945GL..................................... 1994
176 ......... ......... 960 Sedan & Wagon.......................... 1994
Yamaha MC............................. 113 ......... ......... FJ1200..................................... 1991
Yamaha MC............................. 171 ......... ......... RD-350..................................... 1983
--------------------------------------------------------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------------------------------------------------
Manufacturer VSP VSA VCP Model type Model ID Model year
--------------------------------------------------------------------------------------------------------------------------------------------------------
Mercedes Benz.......................... ......... 43 ......... 600........................... 100.012 1972-1981
43 ......... 600 Long 4dr.................. 100.014 1972-1981
43 ......... 600 Landaulet................. 100.015 1972-1981
43 ......... 600 Long 6dr.................. 100.016 1972-1981
44 ......... 280 S.C....................... 107.022 1975-1981
44 ......... 350 S.C....................... 107.023 1972-1979
44 ......... 450 S.C....................... 107.024 1973-1989
44 ......... 380 S.C....................... 107.025 1981-1989
44 ......... 500 S.C....................... 107.026 1978-1981
44 ......... 300 SL........................ 107.041 1986-1988
44 ......... 280 SL....................... 107.042 1972-1985
44 ......... 350 SL........................ 107.043 1972-1978
44 ......... 450 SL........................ 107.044 1972-1989
44 ......... 380 SL........................ 107.045 1980-1989
44 ......... 500 SL........................ 107.046 1980-1989
44 ......... 420 SL........................ 107.047 1986
44 ......... 560 SL........................ 107.048 1986-1989
45 ......... 280 S......................... 108.016 1972
45 ......... 280 SE........................ 108.018 1972
[[Page 51247]]
45 ......... 280 SEL....................... 108.019 1972
45 ......... 280 SE (3.5).................. 108.057 1972-1973
45 ......... 280 SEL (3.5)................. 108.058 1972-1973
45 ......... 280 SE (4.5).................. 108.067 1972
45 ......... 280 SEL (4.5)................. 108.068 1972
46 ......... 300 SEL....................... 109.016 1972
46 ......... 300 SEL (6.3)................. 109.018 1972
46 ......... 300 SEL (4.5)................. 109.057 1972
49 ......... 230.6......................... 114.015 1972-1976
49 ......... 250........................... 114.010 1972-1976
49 ......... 250........................... 114.011 1972-1976
49 ......... 250 CE........................ 114.022 1972-1976
49 ......... 250 C......................... 114.023 1972-1976
49 ......... 280........................... 114.060 1972-1976
49 ......... 280 E......................... 114.062 1972-1976
49 ......... 280 CE........................ 114.072 1972-1976
49 ......... 280 C......................... 114.073 1972-1976
50 ......... 200........................... 115.015 1972-1976
50 ......... 230.4......................... 115.017 1974-1976
50 ......... 220 D......................... 115.110 1972-1976
50 ......... 240 D (3.0)................... 115.114 1974-1976
50 ......... 240 D......................... 115.117 1974-1976
51 ......... 280 S......................... 116.020 1973-1980
51 ......... 280 SE........................ 116.024 1972-1988
51 ......... 280 SEL....................... 116.025 1972-1980
51 ......... 350 SE........................ 116.028 1973-1980
51 ......... 350 SEL....................... 116.029 1972-1980
51 ......... 450 SE........................ 116.032 1972-1980
51 ......... 450 SEL....................... 116.033 1972-1988
51 ......... 450 SEL (6.9)................. 116.036 1972-1988
52 ......... 200........................... 123.020 1976-1980
52 ......... 230........................... 123.023 1976-1985
52 ......... 250........................... 123.026 1976-1985
52 ......... 280........................... 123.030 1976-1985
52 ......... 280 E......................... 123.033 1976-1985
52 230 C 123.043....................... 1978-1980
52 ......... 280 C......................... 123.050 1977-1980
52 ......... 280 CE........................ 123.053 1977-1985
52 ......... 230 T......................... 123.083 1977-1985
52 ......... 280 TE........................ 123.093 1977-1985
52 ......... 200 D......................... 123.120 1980-1982
52 ......... 240 D......................... 123.123 1977-1985
52 ......... 300 D......................... 123.130 1976-1985
52 ......... 300 D......................... 123.133 1977-1985
52 ......... 300 CD........................ 123.150 1978-1985
52 ......... 240 TD........................ 123.183 1977-1985
52 ......... 300 TD........................ 123.193 1977-1985
52 ......... 200........................... 123.220 1979-1985
52 ......... 230 E......................... 123.223 1977-1985
52 ......... 230 CE........................ 123.243 1980-1984
52 ......... 230 TE........................ 123.283 1977-1985
53 ......... 280 S......................... 126.021 1980-1983
53 ......... 280 SE........................ 126.022 1980-1985
53 ......... 280 SEL....................... 126.023 1980-1985
53 ......... 300 SE........................ 126.024 1985-1989
53 ......... 300 SEL....................... 126.025 1986-1989
53 ......... 380 SE........................ 126.032 1979-1989
53 ......... 380 SEL....................... 126.033 1980-1989
53 ......... 420 SE........................ 126.034 1985-1989
53 ......... 420 SEL....................... 126.035 1986-1989
53 ......... 500 SE........................ 126.036 1980-1986
53 ......... 500 SEL....................... 126.037 1980-1989
53 ......... 560 SEL....................... 126.039 1986-1989
53 ......... 380 SE........................ 126.043 1982-1989
53 ......... 500 SEC....................... 126.044 1981-1989
53 ......... 560 SEC....................... 126.045 1986-1989
53 ......... 300 SD........................ 126.120 1981-1989
54 ......... 190........................... 201.022 1984
54 ......... 190 E (2.3)................... 201.024 1983-1989
54 ......... 190 E......................... 201.028 1986-1989
54 ......... 190 E (2.6)................... 201.029 1986-1989
54 ......... 190 E 2.3 16.................. 201.034 1984-1989
54 ......... 190 D (2.2)................... 201.122 1984-1989
[[Page 51248]]
54 ......... 190 D......................... 201.126 1984-1989
55 ......... 200........................... 124.020 1985
55 ......... 230 E......................... 124.023 1985-1987
55 ......... 260 E......................... 124.026 1985-1989
55 ......... 300 E......................... 124.030 1985-1989
55 ......... 300 CE........................ 124.050 1988-1989
55 ......... 230 TE........................ 124.083 1985
55 ......... 300 TE........................ 124.090 1986-1989
55 ......... 300 D......................... 124.130 1985 & 1986
55 ......... 300 D Turbo................... 124.133 1985-1989
55 ......... 300 TD Turbo.................. 124.193 1986-1989
77 ......... All other models except Model ......... 1972-1989
ID 114 & 115 with sales
designations ``long,''
``station wagon,''or
``ambulance.''.
1 ......... ......... 230 E......................... 124.023 1988
2 ......... ......... 230 TE........................ 124.083 1989
3 ......... ......... 200 TE........................ 124.081 1989
7 ......... ......... 300SL......................... 107.041 1989
11 ......... ......... 200E.......................... 124.021 1989
17 ......... ......... 200D.......................... 124.120 1986
18 ......... ......... 260SE......................... 126.020 1986
19 ......... ......... 230E.......................... 124.023 1990
20 ......... ......... 230E.......................... 124.023 1989
21 ......... ......... 300SEL........................ 126.025 1990
22 ......... ......... 190E.......................... 201.024 1990
23 ......... ......... 500SEL........................ 129.066 1989
26 ......... ......... 500SE......................... 140.050 1991
27 ......... ......... 600SEL........................ 140.057 1992
28 ......... ......... 260SE......................... 126.020 1989
33 ......... ......... 500SL......................... 129.066 1991
35 ......... ......... 500SE......................... 126.036 1988
40 ......... ......... 300TE......................... 124.090 1990
45 ......... ......... 190E.......................... 201.024 1991
48 ......... ......... 420SEL........................ 126.035 1990
50 ......... ......... 500SE......................... 140.050 1992
54 ......... ......... 300SL......................... 129.061 1992
56 ......... ......... 500E.......................... 124.036 1991
60 ......... ......... 500SL......................... 129.006 1992
63 ......... ......... 500SEL........................ 126.037 1991
64 ......... ......... 300CE......................... 124.051 1990
66 ......... ......... 500SEC........................ 126.044 1990
67 ......... ......... 300SE......................... 140.032 1993
68 ......... ......... 300SE......................... 126.024 1990
69 ......... ......... 300SE......................... 140.032 1992
71 ......... ......... 190E.......................... 201.028 1992
74 ......... ......... 230E.......................... 124.023 1991
75 ......... ......... 200E.......................... 124.019 1993
83 ......... ......... 300CE......................... 124.051 1991
84 ......... ......... 230CE......................... 124.043 1991
85 ......... ......... S280.......................... 140.028 1994
89 ......... ......... 560SEL........................ 126.039 1990
105 ......... ......... 260E.......................... 124.026 1992
109 ......... ......... 200E.......................... 124.012 1991
114 ......... ......... 300E.......................... 124.031 1992
117 ......... ......... 300CE......................... 124.050 1992
120 ......... ......... S320.......................... 140.033 1994
121 ......... ......... 600SL......................... 129.076 1992
126 ......... ......... 190E.......................... 201.018 1992
127 ......... ......... 230E.......................... 124.023 1993
130 ......... ......... 600SL......................... 129.076 1992, 1993
140 ......... ......... 500SL......................... 129.067 1993-1995
141 ......... ......... 560SEC........................ 126.045 1990
142 ......... ......... 320SL......................... ......... 1992, 1993
147 ......... ......... 500SEL........................ ......... 1992-1993
153 ......... ......... 500SEL........................ ......... 1990
154 ......... ......... 500SE......................... ......... 1990
157 ......... ......... C220.......................... ......... 1995
163 ......... ......... E500.......................... ......... 1994
166 ......... ......... 280E.......................... ......... 1993
166 ......... ......... E280.......................... ......... 1994-1996
167 ......... ......... 220TE Station Wagon........... ......... 1993-1996
168 ......... ......... 220E.......................... ......... 1993
168 ......... ......... E220.......................... ......... 1994-1996
169 ......... ......... 420E.......................... ......... 1993
[[Page 51249]]
169 ......... ......... E420.......................... ......... 1994-1996
172 ......... ......... 250D.......................... ......... 1992
185 ......... ......... 600 SEC Coupe................. ......... 1993
185 ......... ......... S600 Coupe.................... ......... 1994-1996
3 300GE......................... 463.228 1993
5 300GE......................... 463.228 1990-1992, 1994
6 G320.......................... ......... 1995
11 463........................... ......... 1996
13 463 LWB V-8................... ......... 1992-1996
14 463 SWB....................... ......... 1990-1996
--------------------------------------------------------------------------------------------------------------------------------------------------------
Issued on: September 26, 1996.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 96-25131 Filed 9-30-96; 8:45 am]
BILLING CODE 4910-59-P
Complete official Federal Register PDF
FR Doc. 96-25120 Regional Offices; Jurisdictional Changes
[Federal Register Volume 61, Number 191 (Tuesday, October 1, 1996)]
[Rules and Regulations]
[Page 51207]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25120]
========================================================================
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. 191 / Tuesday, October 1, 1996 /
Rules and Regulations
[[Page 51207]]
FEDERAL LABOR RELATIONS AUTHORITY
5 CFR Chapter XIV
Regional Offices; Jurisdictional Changes
AGENCY: Federal Labor Relations Authority (the Authority and the
General Counsel of the Federal Labor Relations Authority).
ACTION: Amendment of rules and regulations.
-----------------------------------------------------------------------
SUMMARY: This document amends the rules and regulations of the
Authority and the General Counsel of the Federal Labor Relations
Authority to provide for changes in the geographical jurisdictions of
the seven Regional Directors concerning unfair labor practice charges
and representation petitions.
EFFECTIVE DATE: October 1, 1996.
FOR FURTHER INFORMATION CONTACT: Clyde B. Blandford, Jr., Director of
Operations and Resource Management, at (202) 482-6680, extension 206.
SUPPLEMENTARY INFORMATION: Effective January 28, 1980, the Authority
and the General Counsel published, at 45 FR 3482, January 17, 1980,
final rules and regulations to govern the processing of cases by the
Authority and the General Counsel under chapter 71 of title 5 of the
United States Code. These rules and regulations are required by title
VII of the Civil Service Reform Act of 1978 and are set forth in 5 CFR
Part 2400 et seq. (1996).
Appendix A, paragraph (f) of the rules and regulations sets forth
the geographic jurisdictions of the Regional Directors of the Federal
Labor Relations Authority. In the best interest of maximizing the
resources of the Office of the General Counsel and efficient and
effective case processing, the General Counsel is realigning the
geographical jurisdictions of the Regional Directors to distribute the
caseload, based on a current analysis of case intake and available
resources in order to meet the needs of its customers. The resulting
change will result in equalizing the work for each regional office
employee. The Office of the General Counsel will continue to transfer
cases between regions on a recurring basis, as necessary, based on
caseload and staffing in order to maximize its resources.
Executive Order 12291
This regulation has been reviewed in accordance with Executive
Order 12291. It is not classified as major because it does not meet the
criteria for major regulations established by the Order.
Regulatory Flexibility Act Certification
The General Counsel has determined that this regulation will not
have a significant economic impact on a substantial number of small
entities.
Paperwork Reduction Act
This regulation contains no information collection or recordkeeping
requirement under the Paperwork Reduction Act (44 U.S.C. 3507 et seq.)
For the reasons set out in the preamble and under the authority of
5 U.S.C. 7134, Appendix A to 5 CFR Chapter XIV is amended by revising
paragraph (f) to read as follows:
Appendix A to 5 CFR Chapter XIV--Current Addresses and Geographic
Jurisdictions
* * * * *
(f) The geographic jurisdictions of the Regional Directors of
the Federal Labor Relations Authority are as follows:
------------------------------------------------------------------------
State or other locality Regional office
------------------------------------------------------------------------
Alabama.............................. Atlanta.
Alaska............................... San Francisco.
Arizona.............................. Denver.
Arkansas............................. Dallas.
California........................... San Francisco.
Colorado............................. Denver.
Connecticut.......................... Boston.
Delaware............................. Washington, DC.
District of Columbia................. Washington, DC.
Florida.............................. Atlanta.
Georgia.............................. Atlanta.
Hawaii and all land water areas west San Francisco.
of the continents of North and South
America (except coastal islands) to
long 90 degrees East.
Idaho................................ Denver.
Illinois............................. Chicago.
Indiana.............................. Chicago.
Iowa................................. Chicago.
Kansas............................... Denver.
Kentucky............................. Chicago.
Louisiana............................ Dallas.
Maine................................ Boston.
Maryland............................. Washington, DC.
Massachusetts........................ Boston.
Michigan............................. Chicago.
Minnesota............................ Chicago.
Mississippi.......................... Atlanta.
Missouri............................. Denver.
Montana.............................. Denver.
Nebraska............................. Denver.
Nevada............................... Denver.
New Hampshire........................ Boston.
New Jersey........................... Boston.
New Mexico........................... Dallas.
New York............................. Boston.
North Carolina....................... Atlanta.
North Dakota......................... Chicago.
Ohio................................. Chicago.
Oklahoma............................. Dallas.
Oregon............................... San Francisco.
Pennsylvania......................... Boston.
Puerto Rico.......................... Atlanta.
Rhode Island......................... Boston.
South Carolina....................... Atlanta.
South Dakota......................... Denver.
Tennessee............................ Chicago.
Texas................................ Dallas.
Utah................................. Denver.
Vermont.............................. Boston.
Virginia............................. Washington, DC.
Washington........................... San Francisco.
West Virginia........................ Washington, DC.
Wisconsin............................ Chicago.
Wyoming.............................. Denver.
Virgin Islands....................... Atlanta.
Panama/limited FLRA jurisdiction..... Dallas.
All land and water areas east of the Chicago.
continents of North and South
America to long 90 degrees East,
except the Virgin Islands, Panama
(limited FLRA jurisdiction), Puerto
Rico and coastal islands.
------------------------------------------------------------------------
(5. U.S.C. Sec. 7134)
Dated: September 26, 1996.
Solly Thomas,
Executive Director, Federal Labor Relations Authority.
[FR Doc. 96-25120 Filed 9-30-96; 8:45 am]
BILLING CODE 6727-01-P
Complete official Federal Register PDF
FR Doc. 96-25100 Importation of Fruit Trees From France
[Federal Register Volume 61, Number 191 (Tuesday, October 1, 1996)]
[Rules and Regulations]
[Pages 51208-51210]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25100]
[[Page 51208]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 319
[Docket No. 94-102-3]
Importation of Fruit Trees From France
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are allowing Chaenomeles spp., Cydonia spp., Malus spp.,
Pyrus spp., and certain Prunus spp. plants (except seeds) to be
imported into the United States as restricted articles, if grown in
private nurseries in France and certified by the French plant
protection service to be free of various diseases. This action relieves
restrictions on the importation of these articles from France without
presenting a significant risk of introducing plant pests (including
diseases) into the United States.
We are also removing Laredo, TX, from the list of ports equipped
with plant inspection stations.
EFFECTIVE DATE: October 31, 1996.
FOR FURTHER INFORMATION CONTACT: Mr. James Petit de Mange or Mr. Peter
Grosser, Operations Officers, Port Operations, PPQ, APHIS, 4700 River
Road Unit 139, Riverdale, MD, 20737-1236, (301) 734-8645.
SUPPLEMENTARY INFORMATION:
Background
The Plant Quarantine Act (7 U.S.C. 151 et seq.) and the Federal
Plant Pest Act (7 U.S.C. 150aa et seq.) authorize the Animal and Plant
Health Inspection Service (APHIS) to prohibit or restrict the
importation into the United States of any plants, roots, bulbs, seeds,
or other plant products in order to prevent the introduction of plant
pests (including diseases) into the United States.
Regulations promulgated under this authority, among others, include
7 CFR 319.37 through 319.37-14, ``Subpart--Nursery Stock, Plants,
Roots, Bulbs, Seeds, and Other Plant Products'' (referred to below as
the regulations). These regulations govern the importation of living
plants, plant parts, and seeds for or capable of propagation, and
related articles. The regulations prohibit or restrict the importation
of most plants, roots, bulbs, seeds, and other plant products. These
articles are classified as either ``prohibited articles'' or
``restricted articles.''
A prohibited article is an article that the Deputy Administrator
for Plant Protection and Quarantine (PPQ), APHIS, has determined cannot
feasibly be inspected, treated, or handled to prevent it from
introducing plant pests new to or not widely prevalent or distributed
within and throughout the United States. Prohibited articles may not be
imported into the United States, unless imported by the United States
Department of Agriculture (USDA) for experimental or scientific
purposes under specified safeguards.
A restricted article is an article that the Deputy Administrator
for PPQ has determined can be inspected, treated, or handled to
essentially eliminate the risk of its spreading plant pests if imported
into the United States. Restricted articles may be imported into the
United States if they are imported in compliance with restrictions that
may include permit and phytosanitary certificate requirements,
inspection, treatment, or postentry quarantine.
On March 13, 1995, we published in the Federal Register (60 FR
13382-13384, Docket No. 94-102-1) a proposed rule to amend Sec. 319.37-
5(b) of the regulations to allow Chaenomeles spp., Cydonia spp., Malus
spp., Pyrus spp., and certain Prunus spp. grown in private nurseries in
France to be imported into the United States as restricted articles
under the same conditions specified in the regulations for those same
articles when grown in government nurseries in France. All of these
restricted articles must be accompanied by a phytosanitary certificate
of inspection stating where the article was grown and certifying that
the article was found by the plant protection service of the country in
which it was grown to be free of various plant diseases. Also, all of
the restricted articles listed above are subject to a 2-year postentry
quarantine period, as specified in Sec. 319.37-7. In postentry
quarantine, restricted articles are grown in an approved area and
observed in order to detect plant pests undetectable by inspection at
the port of entry. In addition, we proposed to amend Sec. 319.37-14(b)
of the regulations by removing the port of Laredo, TX, from the list of
ports with plant inspection stations.
We solicited comments concerning our proposal for 30 days ending
April 12, 1995. On April 26, 1995, we published a notice (60 FR 20436,
Docket No. 94-102-2) reopening and extending the comment period until
May 26, 1995. We received a total of four comments on or before May 26.
They were from producers, industry representatives, and representatives
of State governments. These comments are discussed below.
One commenter expressed concerns about the risks associated with
allowing the importation of fruit trees from private nurseries in
France. The commenter cited Canada's decision to stop importing
grapevines from France due to pest interceptions. The commenter
suggested random sampling of imported fruit trees to assure compliance
with disease-free certification requirements in Sec. 319.37-5 of the
regulations.
We are aware of the problems that Canada encountered with
grapevines from France. We understand that those problems have been
resolved. Canada now allows the importation of grapevines from France
under certain restrictions. Canadian officials detected these problems
through routine tests of the imported materials. As described below,
APHIS performs routine tests of fruit trees imported into the United
States in addition to the requirements for inspections at the port of
entry and postentry quarantine.
All of the safeguards that are currently in the regulations for
Chaenomeles, Cydonia, Malus, Prunus, and Pyrus spp. imported into the
United States from government nurseries in France will also apply to
fruit trees imported into the United States from private nurseries in
France. Fruit trees must be imported through an APHIS plant inspection
station where they will be inspected for plant pests. If the imported
fruit trees are free from such plant pests, samples will be taken and
sent to the National Plant Germplasm Quarantine Center (NPGQC) at
Beltsville, MD. NPGQC tests the fruit trees for viruses and other
submicroscopic pathogens. The balance of the fruit tree shipment is
grown under postentry quarantine for two growing seasons at an approved
postentry quarantine growing site. The plants are inspected during that
period by State plant regulatory officials. These postentry quarantine
processes are contained in Sec. 319.37-7 and have successfully
protected the United States against the introduction of plant pests
while allowing the entry of valuable fruit varieties.
We believe that these safeguards are adequate to prevent the
introduction of plant pests into the United States on fruit trees
imported from private nurseries in France. Therefore, we are making no
changes based on this comment.
One commenter was concerned about the manageability of the
postentry quarantine inspections and suggested that we limit the volume
of imported fruit trees to that which is needed for propagation
purposes, not ``instant orchards.''
[[Page 51209]]
The import permits for plants to be grown in postentry quarantine
do not limit the number of plants that may be imported into the United
States. However, the regulations in Sec. 319.37-7 require that each
participating State review pending permit applications for articles to
be grown under postentry quarantine conditions in the State and report
to APHIS whether the site is of adequate size to contain the number of
plants proposed for importation.
As specified in the regulations in Sec. 319.37-7, APHIS issues
permits only after determining that State services are available to
monitor the postentry quarantine. Therefore, APHIS may withhold
approval of a permit application if the applicant indicates the intent
to import quantities of postentry plants that the State does not have
the resources to inspect, or that exceed an amount that the State
believes could be grown at the proposed site. Therefore, APHIS has the
ability under Sec. 319.37-7 of the regulations to prevent the
importation of an ``instant orchard'' by denying approval of a permit
if such actions are justifiable. Therefore, we are making no changes
based on this comment.
One commenter expressed concern about the importation of certain of
the Prunus species (cherry trees) due to a new strain of the plum pox
virus that has been detected in cherry trees in Russia and eastern
Europe. Prior to this detection, cherry trees had been considered
resistant to the plum pox virus.
APHIS is aware of the reports that a new strain of the plum pox
virus was detected in cherry trees in Bulgaria, Moldova, and Russia.
APHIS is closely watching any developments of this strain of plum pox.
At this time, there has been no report of this strain of plum pox being
detected in France or the other European countries from which cherry
trees currently may be imported into the United States.
Plum pox is also a disease of quarantine importance to France and
the other European countries from which cherry trees may be imported
into the United States. Fruit tree certification programs in France and
other European countries include serological testing of cherry trees
that would detect plum pox if it were present. Additionally, plants of
the Prunus species imported into France and other European countries
are held and tested at quarantine stations. These measures prevent
disease from coming into France and other European countries from which
cherry trees may be imported into the United States. Also, the tests
that APHIS performs for all fruit trees imported into the United States
from Europe would detect plum pox if any trees were infected. These
precautions, and a 2-year postentry quarantine, provide adequate
safeguards to prevent the introduction of plum pox into the United
States. Therefore, we are making no changes based on this comment.
Plum pox is an important disease of fruit trees; should this strain
expand beyond eastern Europe, APHIS would reassess our import
regulations to ensure that fruit trees imported into the United States
are not infected with plum pox.
One commenter questioned previous occurrences of nursery stock or
propagative materials being imported into the United States from
private nurseries in France.
While the intention of the regulations was to prohibit the
importation into the United States of Chaenomeles, Cydonia, Malus,
Prunus, and Pyrus spp. from private nurseries in France, the
regulations were interpreted differently by plant regulatory officials
in the United States and abroad. As a result, some fruit trees from
private nurseries in France were imported into the United States.
To prevent a similar misunderstanding of the requirements for
importing Prunus spp. not immune to plum pox, we are adding wording to
Sec. 319.37-5(b) to make it clear that these plants must be grown in a
government operated nursery (research station).
Two commenters expressed concern that the importation of fruit
trees from private nurseries in France could have a negative economic
impact on domestic producers. One commenter suggested that we impose a
tariff on fruit trees from France to make the prices more comparable to
U.S. trees. The commenter felt that France grows and sells fruit trees
much less expensively than U.S. growers can and that fruit trees from
France have glutted the European and U.S. fruit tree markets. The other
commenter was concerned that easing trade restrictions would be
detrimental to domestic markets.
APHIS bases its decisions to allow fruit trees to be imported into
the United States on whether these importations can be made without
significant risk of plant pest introduction. We believe that certain
fruit trees produced in private nurseries in France, certified as
meeting the requirements in the regulations by the plant protection
service of France, may be imported into the United States without
posing a pest risk to the United States. Furthermore, we have no
authority to impose tariffs or to limit importations based on their
economic impact on domestic markets. Therefore, we are making no
changes based on this comment.
Miscellaneous
In addition, we are making nonsubstantive editorial changes to the
regulations to correct typographical errors.
Therefore, based on the rationale set forth in the proposed rule
and in this document, we are adopting the provisions of the proposal as
a final rule, with the changes discussed in this document.
Executive Order 12866 and Regulatory Flexibility Act
This rule has been reviewed under Executive Order 12866. The rule
has been determined to be not significant for purposes of Executive
Order 12866 and, therefore, has not been reviewed by the Office of
Management and Budget.
We are amending the regulations to allow species of the genera
Chaenomeles, Cydonia, Malus, Pyrus, and certain species of Prunus
(those immune to plum pox virus) grown in private nurseries in France
to be imported into the United States as restricted articles under the
same conditions already applied to those same articles when grown in
government nurseries in France. All of these restricted articles must
be accompanied by a phytosanitary certificate of inspection stating
where the article was grown and certifying that the article was found
by the plant protection service of the country in which grown to be
free of various plant diseases. Also, all of the restricted articles
listed above are subject to a 2-year postentry quarantine period, as
specified in Sec. 319.37-7.
Prior to this final rule, the regulations stated that species of
the genera Chaenomeles, Cydonia, Malus, Pyrus, and certain species of
Prunus (those immune to plum pox virus) could only be certified from a
government operated nursery where the original parent stock is indexed
for the appropriate national fruit tree program. The regulations did
not specify that the trees also must be grown in the government
nursery. Thus the regulatory language resulted in different
interpretations of its intent by plant regulatory officials in the
United States and abroad.
During the first nine months of fiscal year 1994, approximately
312,893 fruit trees valued at $1.64 million were imported into the
United States from Belgium, France, and The Netherlands. Importations
of Malus spp. from all three countries accounted for 99.9
[[Page 51210]]
percent (312,840) of imported fruit trees. Thirty-two trees of Prunus
spp. and 21 of Pyrus spp. were also imported. There were no imports of
Chaenomeles spp. or Cydonia spp. Prices of imported fruit trees
averaged about $5.25 per tree.
Annually, domestic producers market about 20 million fruit trees of
these five genera, valued at approximately $105 million. Domestic tree
prices range from $5 to $6 per tree. Imported fruit trees, therefore,
currently account for only about 1.5 percent of fruit trees available
in the U.S. market.
Shipments from government research stations tend to be small,
whereas shipments from private nurseries are generally large.
Historically, we have received small shipments from France. In 1994
there was a single importation of 25,000 fruit trees from a private
nursery in France. In 1995, there were 4 shipments of fruit trees from
France (between 2 and 42 fruit trees per shipment) imported into the
United States. Therefore, we expect that as a result of this rule,
private nurseries in France could export 20,000 to 30,000 trees to the
United States each year. This number of fruit trees would account for
less than one-half of one percent of the fruit trees available in the
U.S. market. Furthermore, these fruit trees from France probably will
compete directly with imports from The Netherlands, thus lessening the
impact on U.S. producers. We anticipate, therefore, that this rule will
not have a significant economic impact on domestic fruit tree producers
or other small entities.
Also, we have determined, using the Small Business Administration
definition of a small business involved in the retail nursery business
or the wholesale trade of flowers and nursery stock (100 or fewer
employees), that there are currently about 9,097 small retail nurseries
and 11,347 small wholesale shippers of flowers and nursery stock in the
United States. We expect that these small businesses may benefit, if
only slightly, from this rule. They will gain access to a greater
variety of imported fruit trees, possibly at lower prices.
We are also removing the port of Laredo, TX, from the list of ports
with plant inspection stations. About 400 million plants are imported
through plant inspection stations into the United States annually. Only
24 shipments of 21,429 plants (less than 1 percent of 400 million) were
imported through the plant inspection station at Laredo in 1993. In
view of the low volume of plants imported into the United States
through the Laredo plant inspection station, we do not believe that
this rule will have a significant economic effect on businesses or
other entities, large or small. Moreover, any plants requiring written
permits and previously imported through Laredo could be diverted to the
ports of Brownsville or El Paso, TX, which still retain plant
inspection stations.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action will
not have a significant economic impact on a substantial number of small
entities.
Executive Order 12778
This rule has been reviewed under Executive Order 12778, Civil
Justice Reform. This rule: (1) Preempts all State and local laws and
regulations that are inconsistent with this rule; (2) has no
retroactive effect; and (3) does not require administrative proceedings
before parties may file suit in court challenging this rule.
Paperwork Reduction Act
This rule contains no new information collection or recordkeeping
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
List of Subjects in 7 CFR Part 319
Bees, Coffee, Cotton, Fruits, Honey, Imports, Incorporation by
reference, Nursery stock, Plant diseases and pests, Quarantine,
Reporting and recordkeeping requirements, Rice, Vegetables.
Accordingly, 7 CFR part 319 is amended as follows:
PART 319--FOREIGN QUARANTINE NOTICES
1. The authority citation for part 319 continues to read as
follows:
Authority: 7 U.S.C. 150dd, 150ee, 150ff, 151-167, 450, 2803, and
2809; 21 U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, and 371.2(c).
2. Section 319.37-5 is amended as follows:
a. In paragraph (b)(1), the first sentence is amended by adding the
words ``the article was'' immediately before the words ``grown to be''
and by removing the reference to ``(b)(2)'' and adding a reference to
``(b)(3)'' in its place.
b. Footnote 7 and its reference are removed.
c. Paragraph (b)(2) is redesignated as paragraph (b)(3) and a new
paragraph (b)(2) is added to read as set forth below.
d. Paragraph (d) is amended by adding a closed parenthesis
immediately after the words ``sweet-william''.
Sec. 319.37-5 Special foreign inspection and certification
requirements.
* * * * *
(b) * * *
(2) Species of Prunus not immune to plum pox virus (species other
than P. avium, P. cerasus, P. effusa, P. laurocerasus, P. mahaleb, P.
padus, P. sargentii, P. serotina, P. serrula, P. serrulata, P.
subhirtella, P. yedoensis, and P. virginiana) and grown in Belgium,
France, Germany, Great Britain, or The Netherlands shall be certified
only from the government operated nurseries (research stations) where
the certified plants were grown and the original parent stock is
indexed for the appropriate national fruit tree certification program.
* * * * *
Secs. 319.37-5, 319.37-6, 319.37-7, 319.37-8, and 319.37-13 [Amended]
3. Footnotes 8 through 12 and their references are redesignated as
footnotes 7 through 11, respectively.
Sec. 319.37-14 [Amended]
4. In Sec. 319.37-14, paragraph (b), under the list of ports of
entry in Texas, the asterisk immediately preceding the entry for Laredo
is removed.
Done in Washington, DC, this 25th day of September 1996.
A. Strating,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 96-25100 Filed 9-30-96; 8:45 am]
BILLING CODE 3410-34-P
Complete official Federal Register PDF
FR Doc. 96-25090 List of Communities Eligible for the Sale of Flood Insurance
[Federal Register Volume 61, Number 191 (Tuesday, October 1, 1996)]
[Rules and Regulations]
[Pages 51226-51228]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25090]
-----------------------------------------------------------------------
FEDERAL EMERGENCY MANAGEMENT AGENCY
44 CFR Part 64
[Docket No. FEMA-7649]
List of Communities Eligible for the Sale of Flood Insurance
AGENCY: Federal Emergency Management Agency (FEMA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule identifies communities participating in the National
Flood Insurance Program (NFIP). These communities have applied to the
program and have agreed
[[Page 51227]]
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.
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:
----------------------------------------------------------------------------------------------------------------
State/location Community Effective date of eligibility Current effective map date
No.
----------------------------------------------------------------------------------------------------------------
New Eligibles--Emergency Program
Nebraska: Winnebago Indian Tribe, 315498 Aug. 6, 1996.................. .............................
Thurston County.
Texas: Aubrey, city of, Denton County. 480776 ......do...................... June 4, 1976.
Michigan: Martiny, township of, 260958 Aug. 23, 1996................. .............................
Mecosta County.
Kentucky: Shelby County, 210209 ......do...................... July 15, 1996.
unincorporated areas.
Reinstatements
Pennsylvania:
Connellsville, township of, 421623 Mar. 3, 1977, Emerg.; July 16, July 16, 1991.
Fayette County. 1991, Reg.; July 16, 1991,
Susp.; Aug. 7, 1996, Rein.
Cheswick, borough of, Allegheny 420022 July 30, 1975, Emerg.; June Oct. 4, 1995.
County. 18, 1980, Reg.; Oct. 4, 1995,
Susp.; Aug. 7, 1996, Rein.
Masontown, borough of, Fayette 422572 July 9, 1975, Emerg.; Sept. 4, February 2, 1995.
County. 1991, Reg. Oct. 4, 1995,
Susp.; Aug. 7, 1996, Rein.
West Virginia: Reedsville, town of, 540269 Nov. 24, 1975, Emerg.; Aug. 1, Aug. 1, 1987.
Preston County. 1987, Reg.; Aug. 1, 1987,
Susp.; Aug. 7, 1996, Rein.
Pennsylvania:
Forest Hills, borough of Allegheny 420035 Oct. 15, 1973, Emerg.; Sept. Oct. 4, 1995.
County. 1, 1986, Reg.; Sept. 1, 1986,
Susp.; Oct. 14, 1986, Rein.;
Oct. 4, 1995, Susp.; Aug. 13,
1996, Rein.
Lincoln, borough of, Allegheny 420049 April 2, 1975, Emerg.; Sept. Do.
County. 28, 1979, Reg.; Oct. 4, 1995,
Susp.; Aug. 13, 1996, Rein.
Mt. Lebanon, municipality of, 421272 Oct. 8, 1976, Emerg.; June 30, Do.
Allegheny County. 1976, Reg.; Oct. 4, 1995,
Susp.; Aug. 13, 1996, Rein.
New York: Triangle, town of, Broome 360055 Aug. 11, 1976, Emerg.; July July 20, 1984.
County. 20, 1984, Reg.; Nov. 4, 1992,
Susp.; Aug. 13, 1996, Rein.
Pennsylvania: Bradford Woods, borough 421262 Mar. 9, 1977, Emerg.; Nov. 6, Oct. 4, 1995.
of Allegheny County. 1981, Reg.; Oct. 4, 1995,
Susp.; Aug. 21, 1996, Rein.
[[Page 51228]]
Regular Program Conversions
Region II
New York:
Bolton, town of, Warren County.... 360869 Aug. 16, 1996, Suspension Aug. 16, 1996.
Withdrawn.
Lake George, town of, Warren 360876 ......do...................... Do.
County.
Queensbury, town of, Warren County 360879 ......do...................... Do.
Region V
Illinois: Centralia, city of, Marion 170453 ......do...................... Do.
and Clinton Counties.
Indiana: Seymour, city of, Jackson 180099 ......do...................... Do.
County.
Michigan:
Coldwater, city of, Branch County. 260813 ......do...................... Do.
Coldwater, township of, Branch 260826 ......do...................... Do.
County.
Wisconsin: Dunn County, unincorporated 550118 ......do...................... Do.
areas.
Region VII
Missouri: Howard County, 290162 ......do...................... Do.
unincorporated areas.
Region X
Washington:
Ferry County, unincorporated areas 530041 ......do...................... Do.
Stevens County, unincorporated 530185 ......do...................... Do.
areas.
----------------------------------------------------------------------------------------------------------------
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: September 24, 1996.
Richard W. Krimm,
Acting Associate Director, Mitigation Directorate.
[FR Doc. 96-25090 Filed 9-30-96; 8:45 am]
BILLING CODE 6718-05-P
Complete official Federal Register PDF
FR Doc. 96-25089 Suspension of Community Eligibility
[Federal Register Volume 61, Number 191 (Tuesday, October 1, 1996)]
[Rules and Regulations]
[Pages 51228-51230]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25089]
-----------------------------------------------------------------------
FEDERAL EMERGENCY MANAGEMENT AGENCY
44 CFR Part 64
[Docket No. FEMA-7650]
Suspension of Community Eligibility
AGENCY: Federal Emergency Management Agency, FEMA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule identifies communities, where the sale of flood
insurance has been authorized under the National Flood Insurance
Program (NFIP), that are suspended on the effective dates listed within
this rule because of noncompliance with the floodplain management
requirements of the program. If the Federal Emergency Management Agency
(FEMA) receives documentation that the community has adopted the
required floodplain management measures prior to the effective
suspension date given in this rule, the suspension will be withdrawn by
publication in the Federal Register.
EFFECTIVE DATE: The effective date of each community's suspension is
the third date (``Susp.'') listed in the third column of the following
tables.
ADDRESSES: If you wish to determine whether a particular community was
suspended on the suspension date, contact the appropriate FEMA Regional
Office or the NFIP servicing contractor.
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
aimed at protecting lives and new construction from future flooding.
Section 1315 of the National Flood Insurance Act of 1968, as amended,
42 U.S.C. 4022, prohibits flood insurance coverage as authorized under
the National Flood Insurance Program, 42 U.S.C. 4001 et seq., unless an
appropriate public body adopts adequate floodplain management measures
with effective enforcement measures. The communities listed in this
document no longer meet that statutory requirement for compliance with
program regulations, 44 CFR part 59 et seq. Accordingly, the
communities will be suspended on the effective date in the third
column. As of that date, flood insurance will no longer be available in
the community. However, some of these communities may adopt and submit
the required documentation of legally enforceable floodplain management
measures after this rule is published but prior to the actual
suspension date. These communities will not be suspended and will
continue their eligibility for the sale of insurance. A notice
withdrawing the suspension of the communities will be published in the
Federal Register.
In addition, the Federal Emergency Management Agency has identified
the special flood hazard areas in these communities by publishing a
Flood Insurance Rate Map (FIRM). The date of the FIRM if one has been
published, is indicated in the fourth column of the table. No direct
Federal financial assistance (except assistance pursuant to the Robert
T. Stafford Disaster Relief and Emergency Assistance Act not in
connection with a flood) may legally be provided for construction or
acquisition of buildings in the identified special flood hazard area of
communities not participating in the NFIP and identified for more than
a year, on the Federal Emergency Management Agency's initial flood
insurance map of the community as having flood-prone areas (section
202(a) of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4106(a),
as amended). This prohibition against certain types of Federal
assistance becomes effective for the communities listed on the date
shown in the last column.
The Acting Associate Director finds that notice and public comment
under 5 U.S.C. 553(b) are impracticable and unnecessary because
communities listed in this final rule have been adequately notified.
Each community receives a 6-month, 90-day, and 30-day notification
addressed to the Chief Executive Officer that the community will be
suspended unless the required floodplain management measures are met
prior to the effective suspension date. Since these notifications have
been made, this
[[Page 51229]]
final rule may take effect within less than 30 days.
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 has
determined that this rule is exempt from the requirements of the
Regulatory Flexibility Act because the National Flood Insurance Act of
1968, as amended, 42 U.S.C. 4022, prohibits flood insurance coverage
unless an appropriate public body adopts adequate floodplain management
measures with effective enforcement measures. The communities listed no
longer comply with the statutory requirements, and after the effective
date, flood insurance will no longer be available in the communities
unless they take remedial action.
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.
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:
--------------------------------------------------------------------------------------------------------------------------------------------------------
Date certain federal
State/location Community Effective date of eligibility Current effective map date assistance no longer available
No. in special flood hazard areas
--------------------------------------------------------------------------------------------------------------------------------------------------------
Region I
Massachusetts: West Tisbury, town of, 250074 March 29, 1978 Emerg.; October September 29, 1996................. September 29, 1996
Dukes County. 15, 1985, Reg.; September 29,
1996, Susp.
Region II
New York:
Elimira, town of, Chemung County.. 360151 February 9, 1973, Emerg.; ......do........................... Do.
October 16, 1984, Reg.;
September 29, 1996, Susp.
Horseheads, town of, Chemung 360153 June 20, 1973, Emerg.; ......do........................... Do.
County. September 4, 1986, Reg.;
September 29, 1996, Susp.
Lake George, village of, Warren 360877 April 27, 1975, Emerg.; June ......do........................... Do.
County. 22, 1984, Reg.; September 29,
1996, Susp.
Region V
Minnesota: Koochiching County, 270233 July 1, 1974, Emerg.; June 1, ......do........................... Do.
unincorporated areas. 1988, Reg.; September 29,
1996, Susp.
Ohio: Montgomery County, 390775 September 27, 1977, Emerg.; ......do........................... Do.
unincorporated areas. December 15, 1981, Reg.;
September 29, 1996, Susp.
Wisconsin: Platteville, city of, Grant 550154 June 24, 1975, Emerg.; ......do........................... Do.
County. September 29, 1996, Reg.;
September 29, 1996, Susp.
Region IV
Florida: Sewall's Point, town of, 120164 July 26, 1973, Emerg.; August October 16, 1996................... October 16, 1996.
Martin County. 15, 1978, Reg.; October 16,
1996, Susp.
Tennessee:
Carter County, unincorporated 470024 May 30, 1979, Emerg.; January ......do........................... Do.
areas. 3, 1990, Reg.; October 16,
1996, Susp.
Elizabethton, city of, Carter 475425 March 30, 1970, Reg.; October ......do........................... Do.
County. 16, 1996, Susp.
Jonesborough, town of, Washington 470198 January 16, 1974, Emerg.; ......do........................... Do.
County. September 30, 1982, Reg.;
October 16, 1996, Susp.
Watauga, city of, Carter County... 470331 October 16, 1996, Reg.; ......do........................... Do.
October 16, 1996, Susp.
Region V
Michigan: Arcadia, township of, 260306 September 24, 1974, Emerg.; ......do........................... Do.
Manistee County. September 1, 1986, Reg.;
October 16, 1996, Susp.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Rein.--Reinstatement; Susp.--Suspension.
[[Page 51230]]
(Catalog of Federal Domestic Assistance No. 83.100, ``Flood
Insurance'')
Issued: September 23, 1996.
Robert H. Volland,
Director, National Earthquake Loss Reduction Program.
[FR Doc. 96-25089 Filed 9-30-96; 8:45 am]
BILLING CODE 6718-05-P
Complete official Federal Register PDF
FR Doc. 96-25088 National Flood Insurance Program; Audit Program Revision
[Federal Register Volume 61, Number 191 (Tuesday, October 1, 1996)]
[Rules and Regulations]
[Pages 51217-51226]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25088]
=======================================================================
-----------------------------------------------------------------------
FEDERAL EMERGENCY MANAGEMENT AGENCY
44 CFR Part 62
RIN 3067-AC40
National Flood Insurance Program; Audit Program Revision
AGENCY: Federal Insurance Administration (FEMA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Federal Insurance Administration (FIA) has amended its
regulations regarding the manner in which its audits are conducted
under the National Flood Insurance Program's (NFIP) Write Your Own
(WYO) Program. The regulations develop a comprehensive, less
burdensome, more efficient audit program. FIA anticipates that these
revisions will result in greater economy of resources and new savings
to the NFIP public.
EFFECTIVE DATE: October 31, 1996.
FOR FURTHER INFORMATION CONTACT: Roland E. Holland, Federal Insurance
Administration, Federal Emergency Management Agency, 500 C Street SW.,
Washington, DC 20472, (tel.) (202) 646-3439.
SUPPLEMENTARY INFORMATION: Recently, after reviewing the programs and
services provided to the NFIP public, the Federal Insurance
Administrator concluded that the services currently being provided
could be enhanced and improved by revising the audit procedures. As a
result, FIA will discontinue the self-audit program, as well as the
triennial claims and underwriting operations reviews. The triennial
audit will be revised to be conducted on a biennial basis, and expanded
to encompass greater claims and underwriting audits that Certified
Public Accountant (CPA) firms, selected by the WYO companies, will
conduct at the companies' expense. These changes are being made to
facilitate improved management control over the audit process. FIA
believes these efforts will result in appreciable program savings to
both the WYO companies and the FIA. FIA published in the Federal
Register a proposed rule to implement these changes on February 1,
1996, 61 FR 3635-3644. A 45-day public comment period expired on March
18, 1996. However, because FIA only received one set of comments, the
comment period was kept open to allow other interested parties
additional time to respond. Since that time, we have not received any
further comments. We concur with the six comments received and,
therefore, the final rule reflects these changes, as well as other
changes made for consistency and for continuity.
Reference in proposed rule: Sec. 62.23(h)(1). ``To expedite
business growth, the WYO Company will encourage its present property
insurance policyholders to purchase flood insurance and to transfer to
the WYO company, at the time of policy renewal, business placed by its
producers with the NFIP Bureau and Statistical Agent.''
[[Page 51218]]
Comment: This section contains information that appears
inconsistent with the present intent of the WYO program and NFIP
Servicing Agent contracts. Since there is no longer a rollover vehicle
to transfer policies from the NFIP to a WYO Company, the references to
this appear in error. This section also refers to ``business placed by
its producers with the NFIP Bureau and Statistical Agent''. However,
the NFIP Bureau and Statistical Agent does not handle policies directly
for business producers.
Revision in final rule: Sec. 62.23(h)(1). ``To expedite business
growth, the WYO company will encourage its present property insurance
policyholders to purchase flood insurance through the NFIP WYO
program.''
Reference in proposed rule: Sec. 62.23(h)(4). ``The WYO company is
expected to meet the recording and reporting requirements of the WYO
Transaction Record Reporting and Processing Plan. Transactions reported
by the WYO company under the WYO Transaction Record Reporting and
Processing Plan will be analyzed by the NIP Servicing Agent * * *.''
Comment: The acronym ``NIP'' at the end of the last sentence is
incorrect.
Revision in final rule: Sec. 62.23(h)(4). ``The WYO company is
expected to meet the recording and reporting requirements of the WYO
Transaction Record Reporting and Processing Plan. Transactions reported
by the WYO company under the WYO Transaction Record Reporting and
Processing Plan will be analyzed by the NFIP Bureau and Statistical
Agent * * *.''
Reference in proposed rule: Sec. 62.23(h)(8). ``NFIP business will
not be assumed by the WYO companies at any time other than at renewal
time, at which time the insurance producer may submit the business to
the WYO company as new business. However, it is permissible to cancel
and rewrite flood policies to obtain concurrent expiration dates with
other policies covering the property. Where the insurance agent or
producer of record of a flood insurance policy issued by the
Administrator has authorized the NFIP, in writing, to release policy
information for the conversion of the NFIP coverage to a designated WYO
company represented by the agent or producer of record, in order to
facilitate policy issuance and reduce administrative burdens upon the
NFIP and WYO companies and their agents and producers, countersignature
requirements in the several States shall not apply.''
Comment: This section contains references to a ``conversion of the
NFIP coverage to a designated WYO Company * * *'' which appears to be
former practice of rollover conversion.
Revision in final rule: Sec. 62.23(h)(8). ``NFIP business will not
be assumed by the WYO companies at any time other than at renewal time,
at which time the insurance producer may submit the business to the WYO
company as new business. However, it is permissible to cancel and
rewrite flood policies to obtain concurrent expiration dates with other
policies covering the property.''
Reference in proposed rule: Sec. 62.23(I)(1). ``Under the terms of
the Arrangement set forth at Appendix A of this part, WYO companies
will adjust claims in accordance with general Company standards, guided
by NFIP Claims manuals. The Arrangement also provides that claim
adjustments shall be binding upon the FIA. For example, the entire
responsibility for providing a proper adjustment for both combined wind
and water claims and flood-alone claims is the responsibility of the
WYO company.''
Comment: The Appendix A referenced is Article II, Secs. C.1.0,
C.2.0, C.3.0, and C.4.0, the requirements of the Single Adjuster
Program. The example given in the last paragraph appears to be
inconsistent with these changes.
Revision in final rule: Sec. 62.23(I)(1). ``Under the terms of the
Arrangement set forth at Appendix A of this part, WYO companies will
adjust claims in accordance with general company standards, guided by
the NFIP Claims manuals. The Arrangement also provides that claim
adjustments shall be binding upon the FIA. For example, the entire
responsibility for providing a proper adjustment of flood-alone claims
is the responsibility of the WYO company. The responsibility for
providing a proper adjustment for combined wind and water claims is to
be conducted in concert with the Single Adjuster provisions listed in
Appendix A.''
Reference in proposed rule: p. 3639, Appendix B, Part 1, para.
A.4.:
``To facilitate financial reconciliation, transaction records which
do not pass various edits employed by the NEIP to review the quality of
submitted data will be so identified, but will be maintained whenever
possible until the error is corrected by the company in order to
reconcile all financial data submitted to the NFIP.''
Comment: The acronym ``NEIP'' in the first sentence is a
typographical error.
Revision in final rule: Part (1)(A)(4) ``To facilitate financial
reconciliation, transaction records which do not pass various edits
employed by the NFIP to review the quality of submitted data will be so
identified, but will be maintained whenever possible until the error is
corrected by the company in order to reconcile all financial data
submitted to the NFIP.''
Reference in proposed rule: page 3642, Appendix B, Part 3, para.
B.1.e.: ``Problems with Rollover from National Flood Insurance Program
(NFIP) to WYO (duplication of coverage, timeliness of changeover).''
Comment: The Rollover provision no longer is available to WYO
companies.
Revision in final rule: We deleted this reference entirely and
redesignated paragraphs 1.f. and 1.g. as paragraphs 1.e. and 1.f.,
respectively.
Reference in proposed rule: Appendix B, Part 3, para. B.3.j.:
``Repeated failure to respond fully in a timely manner to questions
raised by the NFIP or its servicing agent concerning monthly financial
reporting.''
Comment: The use of the phrase ``its servicing agent'' is somewhat
misleading since the October 1, 1993 contract changes that named a
Bureau and Statistical Agent and an NFIP Servicing Agent as separate
contracts.
Revision in final rule: Appendix B, Part 3, para. B.3.j.:
``Repeated failure to respond fully in a timely manner to questions
raised by the NFIP Bureau and Statistical Agent concerning monthly
financial reporting.''
National Environmental Policy Act
This final rule is categorically excluded from the requirements of
44 CFR Part 10, Environmental Consideration. No environmental impact
assessment has been prepared.
Executive Order 12898, Environmental Justice
The socioeconomic conditions relating to this final rule were
reviewed and a finding was made that no disproportionately high and
adverse effect on minority or low income populations result from this
final rule.
Executive Order 12866, Regulatory Planning and Review
This final rule is not a significant regulatory action within the
meaning of Sec. 2(f) of E.O. 12866 of September 30, 1983, 58 FR 51735,
and has not been reviewed by the Office of Management and Budget (OMB).
Nonetheless, this final rule adheres to the regulatory principles set
forth in E.O. 12866.
Paperwork Reduction Act
In accordance with the provisions of the Paperwork Reduction Act of
1995, 44 U.S.C. 3501 et seq., the collections of information contained
in this final rule
[[Page 51219]]
have been submitted to and approved by the Office of Management and
Budget. To request additional information or copies of the OMB
submissions, contact the FEMA Information Collections Officer, Muriel
B. Anderson, by calling (202) 646-2625, or by writing to FEMA, 500 C
Street SW., Washington, D.C. 20472. The approved collections of
information are:
OMB Number 3067-0169, Write Your Own (WYO) Program. To maintain
adequate financial control over Federal funds, the National Flood
Insurance Program requires each WYO company to meet the requirements of
the WYO Transaction Record Reporting and Processing Plan and to submit
monthly financial and statistical reports as required in FEMA
regulation 44 CFR, part 62, Appendix B. The number of respondents is
estimated at 105. The burden estimates per respondent are as follows:
Reconciliation Report, 30 minutes; Biennial Audit Administrative Review
Checklist, 1 hour; Monthly Financial and Statistical Reconciliation
Reports Certification Statement, 3 minutes; and Monthly Statistical
Transaction Reports Certification Statement, 3 minutes.
OMB Number 3067-0229, Mortgage Portfolio Protection Program (MPPP).
Lending institutions, mortgage servicing companies and others servicing
mortgage loan portfolios can bring their mortgage loan portfolios into
compliance with the flood insurance purchase requirements of the Flood
Disaster Protection Act of 1973. The number of respondents is estimated
at 6,526. The burden estimates per respondent are as follows: 150 hours
for WYO companies to set up initial operations under the MPPP; 30
minutes per lender to sign an agreement with a WYO company to
participate in the program; 30 minutes per WYO company to notify each
mortgagor (3 notices at 10 minutes per notice); and 30 minutes for each
mortgagor to ask questions and respond to the notices.
Executive Order 12612
This final rule involves no policies that have federalism
implications under Executive Order 12612, Federalism dated October 26,
1987.
Executive Order 12778, Civil Justice Reform
This final rule meets the applicable standards of Sec. 2(b)(2) of
Executive Order 12778.
List of Subjects in 44 CFR Part 62
Flood insurance.
Accordingly, 44 CFR part 62 is amended as follows:
PART 62--SALE OF INSURANCE AND ADJUSTMENT OF CLAIMS
1. The authority citation for Part 62 continues to read as follows:
Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of
1978, 43 FR 41943, 3 CFR, 1978 Comp., p. 329; E.O. 12127 of Mar. 31,
1979, 44 FR 19367, 3 CFR, 1979 Comp., 376.
2. Section 62.23 is revised to read as follows:
Sec. 62.23 WYO Companies authorized.
(a) Pursuant to section 1345 of the Act, the Administrator may
enter into arrangements with individual private sector property
insurance companies whereby such companies may offer flood insurance
coverage under the Program to eligible applicants for such insurance,
including policyholders insured by them under their own property
business lines of insurance pursuant to their customary business
practices including their usual arrangements with agents and producers,
in any State in which such WYO Companies are licensed to engage in the
business of property insurance. Arrangements entered into by WYO
Companies under this subpart shall be in the form and substance of the
standard arrangement, entitled ``Financial Assistance/Subsidy
Arrangement'', a copy of which is included in appendix A of this part
and made a part of these regulations.
(b) Any duly licensed insurer so engaged in the Program shall be a
WYO Company.
(c) A WYO Company is authorized to arrange for the issuance of
flood insurance in any amount within the maximum limits of coverage
specified in Sec. 61.6 of this subchapter, as Insurer, to any person
qualifying for such coverage under parts 61 and 64 of this subchapter
who submits an application to the WYO Company; coverage shall be issued
under the Standard Flood Insurance Policy.
(d) A WYO Company issuing flood insurance coverage shall arrange
for the adjustment, settlement, payment and defense of all claims
arising from policies of flood insurance it issues under the Program,
based upon the terms and conditions of the Standard Flood Insurance
Policy.
(e) In carrying out its functions under this subpart, a WYO Company
shall use its own customary standards, staff and independent contractor
resources, as it would in the ordinary and necessary conduct of its own
business affairs, subject to the Act and regulations prescribed by the
Administrator under the Act.
(f) To facilitate the marketing of flood insurance coverage under
the Program to policyholders of WYO Companies, the Administrator will
enter into arrangements with such companies whereby the Federal
Government will be a guarantor in which the primary relationship
between the WYO Company and the Federal Government will be one of a
fiduciary nature, i.e., to assure that any taxpayer funds are accounted
for and appropriately expended. In furtherance of this end, the
Administrator has established ``A Plan to Maintain Financial Control
for Business Written Under the Write Your Own Program'', a copy of
which is included in appendix B of this part and made a part of these
regulations.
(g) WYO Companies shall not be agents of the Federal Government and
are solely responsible for their obligations to their insureds under
any flood insurance policies issued under agreements entered into with
the Administrator.
(h) To facilitate the underwriting of flood insurance coverage by
WYO Companies, the following procedures will be used by WYO Companies:
(1) To expedite business growth, the WYO Company will encourage its
present property insurance policyholders to purchase flood insurance
through the NFIP WYO Program.
(2) To conform its underwriting practices to the underwriting rules
and rates in effect as to the NFIP, the WYO Company will establish
procedures to carry out the NFIP rating system and provide its
policyholders with the same coverage as is afforded under the NFIP.
(3) The WYO Company may follow its customary billing practices to
meet the Federal rules on the presentment of premium and net premium
deposits to a Letter of Credit bank account authorized by the
Administrator and reduction of coverage when an underpayment is
discovered.
(4) The WYO Company is expected to meet the recording and reporting
requirements of the WYO Transaction Record Reporting and Processing
Plan. Transactions reported by the WYO Company under the WYO
Transaction Record Reporting and Processing Plan will be analyzed by
the NFIP Bureau & Statistical Agent. A monthly report will be submitted
to the WYO Company and the FIA. The analysis will cover the timeliness
of WYO Company submissions, the disposition of transactions that have
not passed systems edits and the reconciliation of the totals generated
from transaction reports with those submitted on the WYO Company's
reconciliation reports.
[[Page 51220]]
(5) If a WYO Company rejects an application from an agent or a
producer, the agent or producer shall be notified so that the business
can be placed through the NFIP Servicing Agent, or another WYO Company.
(6) Flood insurance coverage will be issued by the WYO Company on a
separate policy form and will not be added, by endorsement, to the
Company's other property insurance forms.
(7) Premium payment plans can be offered by the WYO Company so long
as the net premium depository requirements specified under the NFIP/WYO
Program accounting procedures are met. A cancellation by the WYO
Company for non-payment of premium will not produce a pro rata return
of the net premium deposit to the WYO Company.
(8) NFIP business will not be assumed by the WYO Companies at any
time other than at renewal time, at which time the insurance producer
may submit the business to the WYO Company as new business. However, it
is permissible to cancel and rewrite flood policies to obtain
concurrent expiration dates with other policies covering the property.
(i) To facilitate the adjustment of flood insurance claims by WYO
Companies, the following procedures will be used by WYO Companies.
(1) Under the terms of the Arrangement set forth at appendix A of
this part, WYO Companies will adjust claims in accordance with general
Company standards, guided by NFIP Claims manuals. The Arrangement also
provides that claim adjustments shall be binding upon the FIA. For
example, the entire responsibility for providing a proper adjustment
for both combined wind and water claims and flood-alone claims is the
responsibility of the WYO Company. The responsibility for providing a
proper adjustment for combined wind and water claims is to be conducted
by listing in concert with the Single Adjuster provisions listed in
appendix A.
(2) The WYO Company may use its staff adjusters, independent
adjusters, or both. It is important that the Company's Claims
Department verifies the correctness of the coverage interpretations and
reasonableness of the payments recommended by the adjusters.
(3) An established loss adjustment Fee Schedule is part of the
Arrangement and cannot be changed during an Arrangement year. This is
the expense allowance to cover costs of independent or WYO Company
adjusters.
(4) The normal catastrophe claims procedure currently operated by a
WYO Company should be implemented in the event of a claim catastrophe
situation. Flood claims will be handled along with other catastrophe
claims.
(5) It will be the WYO Company's responsibility to try to detect
fraud (as it does in the case of property insurance) and coordinate its
findings with FIA.
(6) Pursuant to the Arrangement, the responsibility for defending
claims will be upon the Write Your Own Company and defense costs will
be part of the unallocated or allocated claim expense allowance,
depending on whether a staff counsel or an outside attorney handles the
defense of the matter. Claims in litigation will be reported by WYO
Companies to FIA upon joinder of issue and FIA may inquire and be
advised of the disposition of such litigation.
(7) The claim reserving procedures of the individual WYO Company
can be used.
(8) Regarding the handling of subrogation, if a WYO Company prefers
to forego pursuit of subrogation recovery, it may do so by referring
the matter, with a complete copy of the claim file, to FIA. Subrogation
initiatives may be truncated at any time before suit is commenced
(after commencing an action, special arrangement must be made). FIA,
after consultation with FEMA's Office of the General Counsel (OGC),
will forward the cause of action to OGC or to the NFIP Bureau and
Statistical Agent for prosecution. Any funds received will be
deposited, less expenses, in the National Flood Insurance Fund.
(9) Special allocated loss adjustment expenses will include such
items as: nonstaff attorney fees, engineering fees and special
investigation fees over and above normal adjustment practices.
(10) The customary content of claim files will include coverage
verification, normal adjuster investigations, including statements
where necessary, police reports, building reports and investigations,
damage verification and other documentation relevant to the adjustment
of claims under the NFIP's and the WYO Company's traditional claim
adjustment practices and procedures. The WYO Company's claim examiners
and managers will supervise the adjustment of flood insurance claims by
staff and independent claims adjusters.
(11) The WYO Company will extend reasonable cooperation to FEMA's
Office of the General Counsel on matters pertaining to litigation and
subrogation, under paragraph (i)(8) of this section.
(j) To facilitate establishment of financial controls under the WYO
Program, the WYO Company will:
(1) Select a Certified Public Accountant (CPA) firm to conduct
biennial audits of the financial, claims and underwriting records of
the company. These audits shall be performed in accordance with the
Government Auditing Standards issued by the Comptroller General of the
United States (commonly known as the ``yellow book''). FIA further
requires that pre-selected policy and claims files the CPA firm is
asked to review are in addition to any files that the auditors may
select for their sample. A report of the detailed biennial audit
conducted will be filed with the FIA which, after a review of the audit
report, will convey its determination to the Standards Committee. The
CPA firm chosen to conduct the audit is expected to use qualified,
skilled persons with the requisite background in property insurance and
a knowledge of the NFIP. Persons performing claims audits are expected
to possess claims expertise which would allow them to ascertain whether
the scope of damage was proper, and if all applicable NFIP policy
provisions were properly followed. Persons performing underwriting
audits should be able to ascertain if the risk has been properly rated,
which would necessitate being aware of special NFIP rating situations,
such as elevated buildings.
(2) Meet the recording and reporting requirements of the WYO
Transaction Record Reporting and Processing Plan and the WYO Accounting
Procedures Manual. Transactions reported to the National Flood
Insurance Program's (NFIP's) Bureau and Statistical Agent by the WYO
Company under the WYO Transaction Record Reporting and Processing Plan
and the WYO Accounting Procedures Manual will be analyzed by the Bureau
and Statistical Agent and a monthly report will be submitted to the WYO
Company and the FIA. The analysis will cover the timeliness of the WYO
Company submissions, the disposition of transactions which do not pass
systems edits and the reconciliation of the totals generated from
transaction reports with those submitted on WYO Company reconciliation
reports.
(3) Cooperate with FEMA's Office of Financial Management on Letter
of Credit matters.
(4) Cooperate with FIA in the implementation of a claims
reinspection program.
(5) Cooperate with FIA in the verification of risk rating
information.
[[Page 51221]]
(6) Cooperate with FEMA's Office of the Inspector General on
matters pertaining to fraud.
(k) To facilitate the operation of the WYO Program and in order
that a WYO Company can use its own customary standards, staff and
independent contractor resources, as it would in the ordinary and
necessary conduct of its own business affairs, subject to the Act, the
Administrator, for good cause shown, may grant exceptions to and
waivers of the regulations contained in this title relative to the
administration of the NFIP.
(l)(1) WYO Companies may, on a voluntary basis, elect to
participate in the Mortgage Portfolio Protection Program (MPPP), under
which they can offer, as a last resort, flood insurance at special high
rates, sufficient to recover the full cost of this program in
recognition of the uncertainty as to the degree of risk a given
building presents due to the limited underwriting data required, to
properties in a lending institution's mortgage portfolio to achieve
compliance with the flood insurance purchase requirements of the Flood
Disaster Protection Act of 1973. Flood insurance policies under the
MPPP may only be issued for those properties that:
(i) Are determined to be located within special flood hazard areas
of communities that are participating in the NFIP, and
(ii) Are not covered by a flood insurance policy even after a
required series of notices have been given to the property owner
(mortgagor) by the lending institution of the requirement for obtaining
and maintaining such coverage, but the mortgagor has failed to respond.
(2) WYO Companies participating in the MPPP must provide a detailed
implementation package to any lending institution that, on a voluntary
basis, chooses to participate in the MPPP to ensure the lending
institution has full knowledge of the criteria in that program and must
obtain a signed receipt for that package from the lending institution.
Participating WYO Companies must also maintain evidence of compliance
with paragraph (l)(3) of this section for review during the audits and
reviews required by the WYO Financial Control Plan contained in
appendix B of this part.
(3) The mortgagor must be protected against the lending
institution's arbitrary placing of flood insurance for which the
mortgagor will be billed by being sent three notification letters as
described in paragraphs (l)(4) through (6) of this section.
(4) The initial notification letter must:
(i) State the requirements of the Flood Disaster Protection Act of
1973, as amended;
(ii) Announce the determination that the mortgagor's property is in
an identified special flood hazard area as delineated on the
appropriate FEMA map, necessitating flood insurance coverage for the
duration of the loan;
(iii) Describe the procedure to follow should the mortgagor wish to
challenge the determination;
(iv) Request evidence of a valid flood insurance policy or, if
there is none, encourage the mortgagor to obtain a Standard Flood
Insurance Policy (SFIP) promptly from a local insurance agent (or WYO
Company);
(v) Advise that the premium for a MPPP policy is significantly
higher than a conventional SFIP policy and advise as to the option for
obtaining less costly flood insurance; and
(vi) Advise that a MPPP policy will be purchased by the lender if
evidence of flood insurance coverage is not received by a date certain.
(5) The second notification letter must remind the mortgagor of the
previous notice and provide essentially the same information.
(6) The final notification letter must:
(i) Enclose a copy of the flood insurance policy purchased under
the MPPP on the mortgagor's (insured's) behalf, together with the
Declarations Page,
(ii) Advise that the policy was purchased because of the failure to
respond to the previous notices, and
(iii) Remind the insured that similar coverage may be available at
significantly lower cost and advise that the policy can be cancelled at
any time during the policy year and a pro rata refund provided for the
unearned portion of the premium in the event the insured purchases
another policy that is acceptable to satisfy the requirements of the
1973 Act. ``(Approved by the Office of Management and Budget under OMB
control number 3067-0229.)''
3. Appendix B to Part 62--National Flood Insurance Program, is
revised to read as follows:
Appendix B to Part 62--National Flood Insurance Program
A Plan to Maintain Financial Control for Business Written Under the
Write Your Own Program
Under the Write Your Own (WYO) Program, the Federal Insurance
Administrator (Administrator) may enter into arrangements with
individual private sector insurance companies that are licensed to
engage in the business of property insurance, whereby these
companies may offer flood insurance coverage to eligible property
owners using their customary business practices. To facilitate the
marketing of flood insurance coverage, the Federal Government will
be a guarantor of flood insurance coverage for WYO Company policies
issued under the WYO Arrangement. To ensure that any taxpayer funds
are accounted for and appropriately expended, the Federal Insurance
Administration (FIA) and WYO Companies will implement this Financial
Control Plan. Any departures from the requirements of this Plan must
be approved by the Administrator. The authority for the WYO Program
is contained in section 1345 of the National Flood Insurance Act of
1968, 42 U.S.C. 4081, and 44 CFR parts 61 and 62, Secs. 61.13 and
62.23. The WYO Financial Assistance/Subsidy Arrangement
(Arrangement) which is included in appendix A of this part is hereby
made a part of this Financial Control Plan.
WYO Companies are subject to audit, examination, and regulatory
controls of the various states. Additionally, insurance company
operating departments are customarily subject to examinations and
audits performed by Company internal audit or quality control
departments, or both, and independent CPA firms. It is intended that
this Plan use to the extent possible, the findings of these
examinations and audits as they pertain to business written under
the WYO Program (Parts 3 and 4).
The WYO Financial Control Plan contains several checks and
balances that can, if properly implemented by the WYO Company,
significantly reduce the need for extensive on-site reviews of
Company files by the FIA staff or their designee. Furthermore, we
believe that this process is consistent with customary reinsurance
practices and avoids duplication of examinations performed under the
auspices of individual State Insurance Departments, NAIC Zone
examinations, and independent CPA firms.
The WYO Financial Control Plan requires the WYO Company to meet
the minimum requirements established by the Standards Committee. The
Standards Committee consists of four (4) members from FIA, one (1)
member from the Federal Emergency Management Agency's (FEMA's)
Office of Financial Management, one (1) member designated by the
Administrator who is not directly involved in the WYO Program, and
one (1) member from each of six (6) designated WYO Companies, pools
or other entities.
The WYO Financial Control Plan must require the WYO Company to:
1. Have a biennial audit of the flood insurance financial
statements and claims and underwriting activity conducted by an
independent accounting firm at the Company's expense to ensure that
the financial data reported to FIA accurately represents the flood
insurance activities of the Company. Require that the CPA firm's
audit be performed in accordance with GAO yellow book requirements.
Require that the auditors conduct their own review sample, even if
pre-selected policy and claims files are given to them for review.
2. Meet the recording and reporting requirements of the WYO
Transaction Record Reporting and Processing Plan. Transactions
[[Page 51222]]
reported to the National Flood Insurance Program's (NFIP's) Bureau
and Statistical Agent by the WYO Company under the WYO Transaction
Record Reporting and Processing Plan will be analyzed by the Bureau
and Statistical Agent and a monthly report will be submitted to the
WYO Company and the FIA. The analysis will cover the timeliness of
the WYO Company's submissions, the disposition of transactions that
do not pass systems edits, and the reconciliation of the total
generated from transaction reports with those submitted on the WYO
Company's reports (part 1).
3. Cooperate with FEMA's Office of Financial Management on
Letter of Credit matters.
4. Cooperate with FIA in the implementation of a claims
reinspection program (part 2).
5. Cooperate with FIA in the verification of risk rating
information.
6. Cooperate with FEMA's Office of the Inspector General on
matters pertaining to fraud.
The Standards Committee will review and make a recommendation to
the Administrator concerning any adverse action arising from the
implementation of the Financial Control Plan. Adverse actions
include, but are not limited to, the FIA Operations Division's
recommendation not to renew a particular Company's WYO arrangement.
This Plan includes the following guidelines:
Part 1--Transaction Record Reporting and Processing Plan
Reconciliation Procedures
Part 2--Claims Reinspection Program
Part 3--Financial Audits, Underwriting Audits, Claims Audits,
Audits for Cause, and State Insurance Department Audits
Part 4--Reports Certifications
Part 5--WYO Financial Assistance/Subsidy Arrangement
(Incorporated by Reference)
Part 6--Transaction Record Reporting and Processing Plan
(Incorporated by Reference)
Part 7--Write Your Own (WYO) Accounting Procedures Manual
(Incorporated by Reference)
Part 1--Transaction Record Reporting and Processing Plan
Reconciliation Procedures, Transaction Record Reporting and
Processing Plan Reconciliation Objectives
The objectives are: To reconcile transaction detail with monthly
financial statements submitted by the WYO Companies; to assess the
quality and timeliness of submitted data; and to provide for the
identification and resolution of discrepancies in the data. The
reliance on computer processing to perform the review of transaction
and financial data will help minimize the necessity for on-site
audits of WYO Companies. Reconciliation of the statistical reports
submitted will be performed by the WYO Companies and independently
by the NFIP Bureau and Statistical Agent.
The review of monthly financial statements and transaction level
detail will involve six areas:
A. Financial control;
B. Quality control (audit trails);
C. Quality review of submitted data;
D. Policy rating;
E. Timeliness of reporting; and
F. Monthly reports.
A. Financial Control
1. WYO Companies are required to submit a reconciliation report
(Exhibit ``A'') with the submission of transaction level detail.
This report will reconcile the transaction records data to the
financial report, explaining any discrepancies.
2. WYO Companies are required to submit, on a form approved by
the Administrator, a tape transmittal document with the submission
of the statistical tape containing transaction detail. This will be
used to validate record counts and dollar amounts.
3. The NFIP will review, at a minimum, the categories on the
attached format and produce a similar report reconciling the
transaction data to the monthly financial statement submitted by
each WYO Company.
4. To facilitate financial reconciliation, transaction records
which do not pass various edits employed by the NFIP to review the
quality of submitted data will be so identified, but will be
maintained whenever possible until the error is corrected by the
company in order to reconcile all financial data submitted to the
NFIP.
B. Quality Control
Transaction level detail will be maintained in policy and claim
history files for record-keeping and audit purposes.
C. Quality Review of Submitted Data
1. Transaction records will be edited for correct format and
values.
2. Relational edits will be performed on individual transactions
as well as between policy and claim transactions submitted against
those policies.
3. Record validation will be performed to check that the
transaction type is allowable for the type of policy or claim
indicated.
4. Errors will be categorized as critical or non-critical. The
rate of critical errors in the submission of statistical data will
be the basis by which company performance is reported to the
Standards Committee. Critical errors include those made in required
data elements. Required data elements:
a. Identify the policyholder, the policy, the loss, and the
property location;
b. Provide information necessary to rate the policy;
c. Provide information used in financial control; and
d. Provide information used for actuarial review of NFIP
experience.
5. Non-critical errors are those made in data elements reported
by the WYO Companies at their option.
D. Policy Rating
1. The rating will be validated by the NFIP for all policies for
which the following transactions have been submitted:
a. New Business;
b. Renewals;
c. Endorsements involving type A transaction records; and
d. Corrections of type A transaction records previously
submitted for premium transactions.
2. Incorrect rating will be considered a critical error.
E. Timeliness of Reporting
1. WYO Companies will be expected to submit monthly statistical
and financial reports within thirty days of the end of the month of
record.
2. The NFIP will produce reports based on review of submitted
data within thirty days after the due date or the first processing
cycle subsequent to the receipt of WYO Company submissions,
whichever is later.
F. Monthly Reports
1. Reports for each WYO Company's data submission will be sent
to the respective WYO Company and the FIA explaining any
discrepancies found by the NFIP review.
2. Report to WYO Companies. Transaction records that fail to
pass the quality review or policy rating edits will be reported to
the appropriate Company in transaction detail with error codes,
classification of errors as either critical or non-critical and any
codes used by the Company to identify the source of the transaction
data.
3. Reports to WYO Companies and the FIA:
a. Summary statistics will be generated for each monthly
submission of transaction data. These will include:
i. Absolute numbers of transactions read and transactions
rejected by transaction type; and
ii. Dollar amounts associated with transactions read and
transactions rejected.
b. Summary statistics for all policy and claim records submitted
to date (which may each be the result of multiple transactions) will
be generated, separately for critical and non-critical errors. These
will include:
i. Absolute number of policy and claim records on file and those
containing errors; and
ii. Relative values for the number of records containing
critical errors.
c. Control totals will be generated for tapes submitted to and
processed by the NFIP. This front-end balancing procedure will
include:
i. Numbers of records submitted according to the NFIP compared
with numbers of records submitted according to the WYO Company
transmittal document; and
ii. Dollar amounts submitted according to the NFIP compared with
dollar amounts submitted according to the WYO Company transmittal
document.
d. If there is any discrepancy between the NFIP reading of
dollar amounts from the tape and the WYO Company tape transmittal
document, then the monthly statistical tape submission will be
rejected and returned to the Company. The rejected tape must be
corrected and resubmitted by the next monthly submission due date.
e. In cases where the NFIP reconciliation of transaction level
detail with the financial statements does not agree with the
reconciliation report submitted by the WYO Company, a separate
report will be generated and transmitted to the Company for
resolution and to the FIA.
Reporting of Company Rating to the Standards Committee and the
Administrator
A. Satisfactory Rating
An annual end of the year report will be submitted to convey the
satisfactory rating of WYO Companies' submission of transaction
[[Page 51223]]
data and the reconciliation of these data with financial reports.
B. Unsatisfactory Rating
The report of an unsatisfactory rating will be submitted as soon
as errors and problems reach critical threshold levels. This rating
will be based on: Continuing problems in reconciling transaction
data with financial reports; statistics on the percentage of
transactions submitted with critical errors; the percentage of
policy and claim records on file that contain critical errors; and
late submission of statistical and financial reports.
Exhibit ``A''.--WYO Statistical Tape--Transmittal Document
Date Sent:-------------------------------------------------------------
WYO Prefix Code:-------------------------------------------------------
Address:---------------------------------------------------------------
----------------------------------------------------------------------
Reel Number(s) of Enclosed
Tapes:-----------------------------------------------------------------
Density----------------------------------------------------------------
LRECL------------------------------------------------------------------
Blocksize--------------------------------------------------------------
File Name (DSN)--------------------------------------------------------
Contact Person---------------------------------------------------------
Contact Number---------------------------------------------------------
IBU No. (WYO Use Only)-------------------------------------------------
Monthly Reconciliation--Net Written Premiums
Company name-----------------------------------------------------------
Co. NAIC No.-----------------------------------------------------------
Month/year ending------------------------------------------------------
Date submitted---------------------------------------------------------
Preparer's name--------------------------------------------------------
Telephone No-----------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
Monthly statistical transactions report
Monthly financial report -------------------------------------------------------------------------
Trans. code Record count Premium amount
----------------------------------------------------------------------------------------------------------------
Net Written premiums.................. $
(Income statement = Line 100...... 11 ................. $
15 ................. .................
17 ................. .................
Unprocessed statistical:
(+) Prior month's................. 20 ................. .................
(-) Current month's............... 23 ................. .................
Other--Explain:
(+) Current month's............... 26 ................. (-)
(-) Prior month's................. 29 ................. (-)
14 and 81 ................. (+)
-------------------------------------------------------------------------
Total......................... Total: ................. .................
(2)(Add 11 Through 23 less 26 and 29)
-------------------------------------------------------------------------
Comments:
----------------------------------------------------------------------------------------------------------------
Monthly Reconciliation--Losses
Company name-----------------------------------------------------------
Co. NAIC No.-----------------------------------------------------------
Month/year-------------------------------------------------------------
Date submitted---------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
Loss/paid
Trans. code Record count recoveries
----------------------------------------------------------------------------------------------------------------
100 Net paid losses................... $ ................. .................
(Income statement line 115) ..................................
Unprocessed statistical: .................................. ................. .................
31 ................. $
140 (+) Prior month's............. 34 ................. .................
37 ................. .................
150 (-) Current month............. 40 ................. .................
43 ................. .................
160 Salvage not to be reported by .................................. ................. .................
transaction (explain).
170 Other--Explain................ 46 and 61 ................. .................
49 ................. .................
64 ................. .................
84 and 87 ................. .................
52 Recovery ................. .................
Salvage ................. .................
Subrogation ................. .................
67 Recovery ................. .................
Salvage ................. .................
Subrogation ................. .................
-------------------------------------------------------------------------
Total:........................ Total: ................. .................
-------------------------------------------------------------------------
(Sum of Lines 100, 140, 160,
and 170 less 150).
(2) (Add 31, 34, 40 through 64 less 52
and 67)
-------------------------------------------------------------------------
Comments:
----------------------------------------------------------------------------------------------------------------
Monthly Reconciliation--Special Allocated LAE
Company name-----------------------------------------------------------
Co. NAIC No.-----------------------------------------------------------
[[Page 51224]]
-----------------------------------------------------------------------
Month/year ending------------------------------------------------------
Date submitted---------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
Monthly statistical transaction report
Monthly financial report -------------------------------------------------------------------------
Trans. code Record count Amounts
----------------------------------------------------------------------------------------------------------------
Special allocated loss adjustment .................................. ................. .................
expenses.
(Other loss and LAE Calc.--Line 655)
71 ................. $
74 ................. .................
Unprocessed statistical:
(+) Prior Month................... .................................. ................. .................
(-) Current Month................. .................................. ................. .................
Other--Explain:
(1)............................... .................................. ................. .................
(2)............................... .................................. ................. .................
-------------------------------------------------------------------------
Total:................ Total: ................. .................
-------------------------------------------------------------------------
Comments:
----------------------------------------------------------------------------------------------------------------
Monthly Reconciliation--Net Policy Service Fees
Company Name-----------------------------------------------------------
Co. NAIC No.-----------------------------------------------------------
Month/Year Ending------------------------------------------------------
Date Submitted---------------------------------------------------------
Monthly Financial Report
Net Policy Service Fees (Income Statement Line 170):
$----------------------------------------------------------------------
Unprocessed statistical:
(+) Prior Month's------------------------------------------------------
(-) Current Month's----------------------------------------------------
Other--Explain:
(1)--------------------------------------------------------------------
(2)--------------------------------------------------------------------
Total------------------------------------------------------------------
Comments:
Monthly Statistical Transaction Report
Record Count:----------------------------------------------------------
Fee Amount:------------------------------------------------------------
Total:-----------------------------------------------------------------
(Approved by the Office of Management and Budget under OMB control
number 3067-0169.)
Part 2--Claims Reinspection Program
WYO-NFIP Claims Reinspection Program
To keep WYO-NFIP Claims Management informed, to assist in the
overall claims operation, and to provide necessary assurances and
documentation for dealing with GAO, Congressional Oversight
Committees, and the public, the FIA and WYO Companies have
established a Claims Reinspection Program. The Program is comprised
of the following major elements:
A. All files are subject to reinspection.
B. Files for reinspection may be randomly selected by flood
event, or size of loss, or class of business, as determined by WYO-
NFIP Claims Management.
C. WYO-NFIP Claims Management will utilize a binomial table to
define sample size for reinspections prior to payment. A larger
sample may be used depending upon error ratio.
D. An agreed upon sample of closed files, by event, will be
subjected to reinspection as well.
E. A WYO representative will conduct the reinspection,
accompanied by an NFIP General Adjuster.
F. A joint, single report will be issued by the WYO Company
representative and the NFIP General Adjuster.
G. Copies of reinspection reports will be forwarded to the
Claims Management of both the WYO Company and the NFIP.
Part 3---Biennial Financial Audits, Underwriting Audits, Claims
Audits, Audits for Cause, and State Insurance Department Audits
A. Biennial Financial, Underwriting and Claims Audits
1. Objectives of WYO Biennial Financial Underwriting and Claims
Audit. The biennial, financial, underwriting and claims audit is
intended to provide the Federal Emergency Management Agency with
independent assessment of the quality of financial controls over
activities relating to the Company's participation in the National
Flood Insurance Program as well as the integrity of the underwriting
and claims data reported to FEMA.
a. Participating WYO companies are responsible for selecting and
funding independent Certified Public Accounting firms to conduct the
biennial audits. Such costs are considered part of the normal
administrative cost of operating the WYO program and as such are
included in the WYO expense allowance.
b. The WYO Company's representative will be notified in writing
to arrange for a biennial audit. This notice should provide the WYO
Company at least 120 days to prepare for the biennial audit.
c. It is also intended that the biennial audit will reduce if
not eliminate the need for FEMA auditors or their designees to
conduct on-site visits to WYO companies in their review of financial
activity. However, the requirement may still exist for such visits
to occur as determined by the auditors. The CPA firm's audit shall
be performed in accordance with GAO yellow book requirements.
Further, the CPA firm is required to select its own sample, even
though FIA may provide them with pre-selected policy and claim files
for review. In addition, nothing in this section should be construed
as limiting the ability of the General Accounting Office or FEMA's
Office of Inspector General to review the activities of the WYO
Program.
d. The purpose of the biennial audit is to provide opinion on
the fairness of the financial statements, the adequacy of internal
controls, and the extent of compliance with laws and regulations.
e. Any WYO Company which has been subject to a comprehensive
audit by the CPA firm under contract with the FEMA OIG is exempted
by its selected Certified Public Accountant firm. Only the remaining
unaudited fiscal year of the two years normally to be reviewed under
the biennial audit will be examined. Policy and claim related
financial data as reported to the NFIP are proper and adequately
supported by underlying documentation.
B. Audits for Cause
In accordance with the terms of the Arrangement, the
Administrator, on his/her own initiative or upon recommendation of
the WYO Standards Committee or the FEMA Inspector General, may
conduct for-cause audits of participating companies. The following
criteria, in combination or independently, may constitute the basis
for initiation of such an audit.
1. Underwriting
a. Excessively high frequency of errors in underwriting.
i. Issuing policies for ineligible risks.
ii. Issuing policies in ineligible communities.
iii. Consistent premium rating errors.
iv. Missing or insufficient documentation for submit for rate
policies.
v. Other patterns of consistent errors.
b. Abnormally high rate of policy cancellations or non-renewals.
c. Policies not processed in a timely fashion.
d. Duplication of policy coverage noted.
[[Page 51225]]
e. Relational type edits indicate an usually high or low premium
amount per policy for the geographical area.
f. Biennial audit results indicate usual volume of errors in
underwriting.
2. Claims
a. Reinspection indicates consistent patterns of:
i. Losses being paid when not covered.
ii. Statistical information being reported on original loss
adjustment found to be incorrect on reinspection.
iii. Salvage/subrogation not being adequately addressed.
iv. Consistent overpayment of claims.
b. Unusually high count of erroneous assignments and/or claims
closed without payment (CWP).
c. Unusually low count of CWP. (May indicate inadequate follow-
up of claims submitted).
d. Average claim payments that significantly exceed the average
for the Program as a whole.
e. Lack of (adequate) documentation for paid claims.
f. Claims not processed in a timely fashion.
g. Consistent failure of WYO Company to receive authorization
for special allocated loss adjustment expenses prior to incurring
them.
h. High submission of Special Allocated Loss Adjustment Expenses
(SALAE).
i. Consistently high policyholder complaint level.
j. Low/high count of salvage/subrogation.
k. Biennial audit indicates significant problems.
3. Financial Reporting/Accounting
a. Consistently high reconciliation variations and/or errors in
statistical information.
b. Financial and/or statistical information not received in a
timely fashion.
c. Letter of Credit violations are found.
d. WYO Company is not depositing funds to the Restricted Account
in a timely manner, or funds are not being transferred through the
automated clearinghouse on a timely basis.
e. Premium suspense is consistently significant, older than 60
days, and/or cannot be detailed sufficiently, or both.
f. Large/unusual balance in Cash-Other (Receivables and/or
Payable).
g. Large, unexplained differences in cash reconciliation.
h. Large/unusual balances or variations between months noted for
key reported financial data.
i. Financial statement to statistical data reconciliation sheets
improperly completed indicating proper review of information is not
being performed prior to signing certification statement.
j. Repeated failure to respond fully in a timely manner to
questions raised by FIA or the NFIP Bureau and Statistical Agent
concerning monthly financial reporting.
k. Biennial audit indicates significant problems.
C. Underwriting Audit
1. Samples of new business policies, renewals, endorsements and
cancellations will be provided by the FIA with the biennial audit
instructions, including samples of the Mortgage Portfolio Protection
business, where applicable. The audit is to be conducted in
accordance with GAO yellow book requirements. The CPA firm may
supplement with its own sample of risks which were in force during
all or part of the Arrangement Year under audit for detail testing.
2. Underwriting Audit Outline
a. Review of the Underwriting Department's responsibilities,
authorities and composition.
b. Personal interviews with management and key clerical
personnel to determine current processing activities, planned
changes and problems.
c. Administrative review to verify compliance with company
procedures.
d. Thorough examination of a random sample of underwriting files
to measure the quality of work. The CPA firm is expected to provide
a representative sample of its review to substantiate its opinion
and findings. At a minimum, the files should be reviewed to verify
the following:
i. Policies are issued for eligible risks;
ii. Rates are correct and consistent with the amount of
insurance requested on the application;
iii. Waiting period for new business is consistent with
government regulations;
iv. Elevation certification or difference is correctly shown on
application;
v. The coverage does not include more than one building and/or
its contents per policy;
vi. No binder is effective unless issued with the authorization
of FIA;
vii. The FIRM zone shown on the application to the community in
which the property is located;
viii. Community shown on application is eligible to purchase
insurance under the NFIP;
ix. Information on type of building, etc., is fully complete;
x. Applicable deductibles are recorded;
xi. A new, fully completed application or a photocopy of the
most recent application, or similar documentation, with the
appropriate updates to reflect current information is on file for
each risk, including those formerly written by the NFIP Servicing
Facility;
xii. If any files to be audited are unavailable, determine the
reason for the absence.
e. Endorsement Processing.
1. Complete tasks as applicable.
2. Review requests for additional coverage to ensure that they
are subject to the waiting period rule.
3. Review controls established to ensure that no risk is insured
under endorsement provisions that are not acceptable as a new
business risk (i.e., a property located in a suspended community).
f. Cancellation Processing. Verify controls to ensure that one
of the necessary reasons for cancellation exists and that the
transaction is accompanied by proper documentation.
g. Renewal Processing. Determine controls to ensure that all
necessary information needed to complete the transaction is
provided.
h. Expired Policies. Determine controls to ensure that each step
is carried out at the proper time.
i. Observance of Waiting Period. Establish procedures to
document, as a matter of WYO Company business record and in each
transaction involving a new application, renewal, and endorsement,
that any applicable effective date and premium receipt rules have
been observed (44 CFR 61.11). Documentation reasonably suitable for
the purpose includes retention of postmarked envelopes (for three
(3) years) from date, date stamping and retention (via hard copy or
microfilm process) of application, renewal and endorsement documents
and checks received in payment of premium; computer input of
document and premium receipt transactions and retention of such
records in the computer system; and other reasonable insurer methods
of verifying transactions involving requests for coverage and
receipts of premium.
D. Claims Audit Outline
1. Review of the Claims Department's responsibilities,
authorities, and composition.
2. Personal interviews with management and key clerical
personnel to determine current processing activities, planned
changes and problems.
3. Administrative review to verify compliance with company
procedures.
4. Thorough examination of a random sample of claims files which
may be provided by FIA to measure the quality of work. At a minimum,
the files should be reviewed to verify the following:
a. Verify controls to ensure that a file is set up for each
Notice of Loss Received.
b. Review adjuster reports to determine whether they contain
adequate evidence to substantiate the payment or denial of claims,
including amount of losses claimed, any salvage proceeds,
depreciation and potential subrogation.
c. Ascertain that building and contents allocations are correct.
d. Determine whether the file contains evidence identifying
subrogation possibilities.
e. Verify that partial payments were properly considered in
processing the final draft or check.
f. Verify that the loss payees are listed correctly (consider
insured and mortgagee).
g. Verify that the total amount of the drafts or checks is
within the policy limits.
h. Ascertain the relevance and validity of the criteria used by
the carrier to judge effectiveness of its claims servicing
operation.
i. Confirm that when information is received from an independent
adjuster, the examiner either acts promptly to give proper feedback
with instructions or takes action to pay or deny the loss.
j. Determine whether the Claims Department is using an
``impression of risk'' program in reporting misrated policies, etc.
k. Where attempts at fraud occur, verify that these instances
are being reported to FIA for referral to the FEMA Inspector
General's office.
[[Page 51226]]
i. If any files to be audited are unavailable, determine the
reason for their absence. In undertaking this portion of the
biennial audit, the Administrative Review Checklist (Exhibit B)
below should be utilized.
Exhibit ``B''--Administrative Review Checklist
Policy #:
Insured's Name:
State:
Date of loss:
Date paid:
Date reported:
Amt. of loss: $
Bldg: $
Contents: $
Adjusting firm:
Examiner's name:
Comments:
1. Investigation and Adjustments
Yes No N/A
A. Application of Coverage.
(1) Insurable Interest?...................... [ ] [ ] [ ]
(2) Is loss from the flood peril?............ [ ] [ ] [ ]
(3) Did loss occur within the policy term:... [ ] [ ] [ ]
(4) Does location and description of risk
coincide with policy information?........... [ ] [ ] [ ]
(5) Were proper deductibles applied?......... [ ] [ ] [ ]
(6) Other insurance considered?.............. [ ] [ ] [ ]
(7) Other losses?............................ [ ] [ ] [ ]
B. Application of Sound Adjusting Practices:
(1) Was adjuster's report accurate/complete?. [ ] [ ] [ ]
(2) Was an attorney used in the settlement?.. [ ] [ ] [ ]
(3) Was a technical expert used in the
settlement?................................. [ ] [ ] [ ]
C. Documentation:
(1) Are damages clearly identified?.......... [ ] [ ] [ ]
(2) Are damages flood related?............... [ ] [ ] [ ]
(3) Are damages clearly and completely
itemized and documented by the adjuster?.... [ ] [ ] [ ]
(4) Was depreciation considered?............. [ ] [ ] [ ]
(5) Has subrogation been considered.......... [ ] [ ] [ ]
(6) Has salvage been properly handled?....... [ ] [ ] [ ]
(7) Was salvage timely?...................... [ ] [ ] [ ]
2. Supervision:
a. Assignments:
(1) Are assignments made promptly?........... [ ] [ ] [ ]
(2) Is insured contacted promptly?........... [ ] [ ] [ ]
b. Reserves:
(1) Are initial reserves indicated on the
first report?............................... [ ] [ ] [ ]
(2) Are they adequate?....................... [ ] [ ] [ ]
(3) Does final settlement compare favorably
with last reserve established?.............. [ ] [ ] [ ]
c. Diary Control:
(1) Automatic?............................... [ ] [ ] [ ]
(2) Timely?.................................. [ ] [ ] [ ]
(3) Is file reviewed at diary date with
examiner's comments?........................ [ ] [ ] [ ]
d. Examiner Evaluation and Settlement
Performances:
(1) Is examiner directing adjuster when
needed?..................................... [ ] [ ] [ ]
(2) Are files documented?.................... [ ] [ ] [ ]
(3) Is adequate control maintained over in-
house adjuster?............................. [ ] [ ] [ ]
(4) Is adequate control maintained over
outside adjuster?........................... [ ] [ ] [ ]
e. Salvage and subrogation:
(1) Is salvage evaluated by salvors?......... [ ] [ ] [ ]
(2) Is salvage disposed of promptly?......... [ ] [ ] [ ]
(3) Are salvage returns adequate?............ [ ] [ ] [ ]
(4) Is potential subrogation being promptly
and properly investigated?.................. [ ] [ ] [ ]
(5) Are proper subrogation forms used?....... [ ] [ ] [ ]
(6) Are subrogation and salvage files
properly opened, diaried, and referred (if
appropriate)?............................... [ ] [ ] [ ]
(7) Are recovery funds for subrogation and
salvage being properly handled?............. [ ] [ ] [ ]
f. Suits:
(1) Are suits properly identified?........... [ ] [ ] [ ]
(2) Are suits being properly evaluated?...... [ ] [ ] [ ]
(3) Are suits being referred to attorneys
promptly?................................... [ ] [ ] [ ]
(4) Are attorneys being advised as to
handling settlement or compromise?.......... [ ] [ ] [ ]
(5) Are suits being properly controlled?..... [ ] [ ] [ ]
(6) Are suits files properly diaried?........ [ ] [ ] [ ]
(7)-(8) [Reserved]...........................
g. Other:
(1) Was there other coverage by the WYO
Company?.................................... [ ] [ ] [ ]
(2) Were damages correctly apportioned?...... [ ] [ ] [ ]
(3) Was a solo adjuster used?................ [ ] [ ] [ ]
(4) Were there prior flood claims?........... [ ] [ ] [ ]
(5) Were prior damages repaired?............. [ ] [ ] [ ]
(6) Were prior claim files reviewed?......... [ ] [ ] [ ]
(7) Was a Congressional complaint letter in
file?....................................... [ ] [ ] [ ]
(8) Was it responded to promptly?............ [ ] [ ] [ ]
(9) Is the statistical reporting correction
file being properly managed?................ [ ] [ ] [ ]
E. State Insurance Department Examination
1. It is expected that audits of WYO companies by independent
accountants and/or state insurance departments, aside from those
conducted by the FIA or its designee, will include flood insurance
activity. When such audits occur, a financial officer for the WYO
Company will notify the FIA, identifying the auditing entity and
providing a brief statement of the overall conclusions that relate
to flood insurance and the insurer's financial condition, when
available. In the case of an audit in progress, a brief statement on
the scope of the audit should be provided to the FIA. A checklist
will be utilized for this reporting and will be provided to WYO
Companies by the FIA.
2. The WYO Companies will maintain on file the reports resulting
from audits, subject to on-site inspection by the FIA or its
designee. At the FIA's request, the WYO Company will submit a copy
of the auditor's opinion, should one be available, summarizing the
audit conclusion. ``(Approved by the Office of Management and Budget
under OMB control number 3067-0169)''
a. Certification Statement for Monthly Financial and Statistical
Reconciliation Reports.
I have reviewed the accompanying financial and statistical
reconciliation reports of XYZ Company as of ____________. All
information included in these statements is the representation of
the XYZ Company.
Based on my review (with the exception of the matter(s)
described in the following paragraphs, if applicable), I certify
that I am not aware of any material modifications that should be
made to the accompanying reports.
Signed-----------------------------------------------------------------
(Responsible Financial Officer)
Date-------------------------------------------------------------------
B. Certification Statement for Monthly Statistical Transaction Report
I have reviewed the accompanying statistical transaction report
control totals in conjunction with appropriate statistical
reconciliation reports. All information included in these reports is
the representation of the XYZ Company. ``(Approved by the Office of
Management and Budget under OMB control number 3067-0169).''
Signed-----------------------------------------------------------------
(Responsible Reporting Officer)
Date-------------------------------------------------------------------
(Catalog of Federal Domestic Assistance No. 83.100, ``Flood
Insurance'')
Dated: September 20, 1996.
Spence W. Perry,
Executive Administrator, Federal Insurance Administration.
[FR Doc. 96-25088 Filed 9-30-96; 8:45 am]
BILLING CODE 6718-03-P
Complete official Federal Register PDF
FR Doc. 96-25061 Reorganization of Enforcement Components
[Federal Register Volume 61, Number 191 (Tuesday, October 1, 1996)]
[Rules and Regulations]
[Pages 51230-51233]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25061]
=======================================================================
-----------------------------------------------------------------------
FEDERAL MARITIME COMMISSION
46 CFR Parts 501, 502, 514 and 583
Reorganization of Enforcement Components
AGENCY: Federal Maritime Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Federal Maritime Commission is amending its rules to
reflect the establishment of the Bureau of Enforcement and the
replacement of its District Offices with Area Representatives.
EFFECTIVE DATE: October 1, 1996.
FOR FURTHER INFORMATION CONTACT:
Vern W. Hill, Director, Bureau of Enforcement, Federal Maritime
Commission, 800 North Capitol Street, NW., Washington, DC 20573, (202)
523-5783.
SUPPLEMENTARY INFORMATION: The Federal Maritime Commission is amending
various provisions of Part 500 to end of Title 46 of the Code of
Federal Regulations to reflect the reorganization of its enforcement
components, which includes the consolidation of the Bureau of Hearing
Counsel and the Bureau of Investigations into a new Bureau of
Enforcement and the replacement of its District Offices with individual
Area Representatives. Notice and public comment are not necessary prior
to the issuance of this rule because it deals solely with matters of
agency organization. Neither is a delayed effective date required. This
action does not affect the substantive duties and functions of the
Commission's enforcement components.
List of Subjects
46 CFR Part 501
Administrative practice and procedure, Authority delegations,
Organization and functions, Seals and insignia.
46 CFR Part 502
Administrative practice and procedure, Claims, Equal access to
justice, Investigations, Lawyers, Reporting and recordkeeping
requirements.
46 CFR Part 514
Freight, Harbors, Maritime carriers, Reporting and recordkeeping
requirements.
46 CFR Part 583
Freight, Maritime carriers, Reporting and recordkeeping
requirements, Surety bonds.
Title 46 of the Code of Federal Regulations is amended as follows:
PART 501--THE FEDERAL MARITIME COMMISSION--GENERAL
1. The authority citation for Part 501 continues to read as
follows:
Authority: 5 U.S.C. 551-557, 701-706, 2903 and 6304; 31 U.S.C.
3721; 41 U.S.C. 414 and 418; 44 U.S.C. 501-520 and 3501-3520; 46
U.S.C. app. 801-848, 876, 1111, and 1701-1720; Reorganization Plan
No. 7 of 1961, 26 FR 7315, August 12, 1961; Pub. L. 89-56, 79 Stat.
195; 5 CFR Part 2638.
2. Section 501.3(l) is revised to read as follows:
[[Page 51231]]
Sec. 501.3 Organizational components of the Federal Maritime
Commission.
* * * * *
(l) Bureau of Enforcement.
* * * * *
Section 501.4(c) is revised to read as follows:
Sec. 501.4 Lines of Responsibility.
* * * * *
(c) Bureau of Enforcement and Area Representatives. The Area
Representatives report to the Director, Bureau of Enforcement.
4. Section 501.5(i) introductory paragraph and (i)(6) introductory
text are revised to read:
Sec. 501.5 Functions of the organizational components of the Federal
Maritime Commission.
* * * * *
(i) Bureau of Enforcement; Area Representatives. Under the
direction and management of the Bureau Director, the Bureau of
Enforcement:
* * * * *
(6) Maintains a presence in locations other than Washington, D.C.
through Area Representatives whose activities include the following:
* * * * *
5. Section 501.28(b) is revised to read:
Sec. 501.28 Delegation to the Director, Bureau of Enforcement.
* * * * *
(b) Authority to approve administrative leave for Area
Representatives.
6. In section 501.41 paragraph (a) is amended by removing the words
``District Offices'' and adding in their place the words ``Area
Representatives,'' and paragraph (d) is revised to read as follows:
Sec. 501.41 Public requests for information and decisions.
* * * * *
(d) The Area Representatives will provide information and decisions
to the public within their geographic areas, or will expedite the
obtaining of information and decisions from headquarters. The addresses
of these Area Representatives are as follows. Further information on
Area Representatives, including Internet E-mail addresses, can be
obtained on the Commission's home page on the World Wide Web at
``www.fmc.gov.''
Los Angeles
Los Angeles Area Representative, U.S. Customs House Building, P.O. Box
3164, 300 S. Ferry Street, Room 1018, Terminal Island Station, San
Pedro, CA 90731
Miami
Miami Area Representative, Customs Management Center, 909 SE, 1st Ave.,
Room 736, Miami, FL 33131
New Orleans
New Orleans Area Representative, U.S. Customs House, 423 Canal Street,
Room 303, New Orleans, LA 70130
Seattle
Seattle Area Representative, U.S. Customs, 3236 16th Ave., SW, Seattle,
WA 98134
North Atlantic
North Atlantic Area Representative, Federal Maritime Commission, 800
North Capitol Street, NW., Suite 928, Washington, DC 20573
* * * * *
7. Appendix A to Part 501, Federal Maritime Commission Organization
Chart, is revised to read as follows:
BILLING CODE 6730-01-M
[[Page 51232]]
[GRAPHIC] [TIFF OMITTED] TR01OC96.000
BILLING CODE 6730-01-C
[[Page 51233]]
PART 502--RULES OF PRACTICE AND PROCEDURES
8. The authority citation for Part 502 is revised to read as
follows:
Authority: 5 U.S.C. 504, 551, 552, 553, 556(c), 559, 561-569,
571-596; 12 U.S.C. 1141j(a); 18 U.S.C. 207; 26 U.S.C. 501(c)(3); 28
U.S.C. 2112(a); 31 U.S.C. 9701; 46 U.S.C. app. 817, 820, 821, 826,
841a, 1114(b), 1705, 1707-1711, 1713-1716; E.O. 11222 of May 8, 1965
(30 FR 6469); 21 U.S.C. 853a; and Pub. L. 88-777 (46 U.S.C. app.
817d, 817e).
9. Section 502.42 is revised to read as follows:
Sec. 502.42 Bureau of Enforcement.
The Director, Bureau of Enforcement, shall be a party to all
proceedings governed by the rules in this part, except that in
complaint proceedings under Sec. 502.62, the Director may become a
party only upon leave to intervene granted pursuant to Sec. 502.72, and
in rulemaking proceedings, the Director may become a party by
designation, if the Commission determines that the circumstances of the
proceeding warrant such participation. The Director or the Director's
representative shall be served with copies of all papers, pleadings,
and documents in every proceeding in which the Bureau of Enforcement is
a party. The Bureau of Enforcement shall actively participate in any
proceeding to which the Director is a party, to the extent required in
the public interest, subject to the separation of functions required by
section 5(c) of the Administrative Procedure Act. (See Sec. 502.224.)
[Rule 42.]
Sec. 502.68 [Amended]
In Sec. 502.68, Declaratory orders and fee, paragraph (f)(1) is
amended by removing the words ``Hearing Counsel'' and adding in their
place the word ``Enforcement''.
Sec. 502.221 [Amended]
11. In Sec. 502.221, Briefs; requests for findings, paragraph (c)
is amended by removing the words ``Hearing Counsel'' and adding in
their place the words ``the Bureau of Enforcement''.
Sec. 502.604 [Amended]
12. In Sec. 502.604, Compromise of penalties; Relation to
assessment proceedings, paragraph (g) is amended by removing the words
``Hearing Counsel'' and adding in their place the word ``Enforcement''.
Appendix A to Subpart W--[Amended]
13. In Appendix A to Subpart W--Example of Compromise Agreement,
paragraph 2 is amended by removing the words ``Hearing Counsel'' and
adding in their place the word ``Enforcement'' and The Approval and
Acceptance clause is amended by removing the words ``Hearing Counsel''
and adding in their place the word ``Enforcement''.
PART 514--TARIFFS AND SERVICE CONTRACTS
14. The authority citation for Part 514 continues to read as
follows:
Authority: 5 U.S.C. 552 and 553; 31 U.S.C. 9701; 46 U.S.C. app.
804, 812, 814-817(a), 820, 833a, 841a, 843, 844, 845, 845a, 845b,
847, 1702-1712, 1714-1716, 1718, 1721 and 1722; and sec. 2(b) of
Pub. L. 101-92, 103 Stat. 601.
15. Section 514.7(m)(3) is revised to read:
Sec. 514.7 Service contracts in foreign commerce.
* * * * *
(m) * * *
(3) Production for audit within 30 days of request. Every common
carrier or conference shall, upon written request of the FMC's
Director, Bureau of Enforcement or any Area Representative, submit
requested service contract records within 30 days from the date of the
request.
PART 583--SURETY FOR NON-VESSEL-OPERATING COMMON CARRIERS
16. The authority citation for Part 583 continues to read as
follows:
Authority: 5 U.S.C. 553; 31 U.S.C. 9701; 46 U.S.C. app. 1702,
1707, 1709, 1710-1712, 1716, and 1721.
Sec. 583.4 [Amended]
17. In Sec. 583.4 Finanical responsibility requirements, the
undesignated paragraph following paragraph (d)(6)(ii), is amended by
removing the words ``other Commission's district offices located in New
York, NY; New Orleans, LA; San Francisco, CA; Hato Rey, PR; Los
Angeles, CA; Miami, FL; and Houston, TX'' and adding in their place the
words ``Area Representative listed at 46 CFR 501.41(d)''.
By the Commission.
Joseph C. Polking,
Secretary.
[FR Doc. 96-25061 Filed 9-30-96; 8:45 am]
BILLING CODE 6730-01-M
Complete official Federal Register PDF
FR Doc. 96-25059 Miscellaneous Amendments to Acquisition Regulations; Corrections
[Federal Register Volume 61, Number 191 (Tuesday, October 1, 1996)]
[Rules and Regulations]
[Pages 51234-51235]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25059]
=======================================================================
-----------------------------------------------------------------------
INTERNATIONAL DEVELOPMENT COOPERATION AGENCY
Agency for International Development
48 CFR Parts 702, 706, 715, 716, 722, 726, 733, 737, and 752
[AIDAR Notice 96-1]
RIN 0412-AA29
Miscellaneous Amendments to Acquisition Regulations; Corrections
AGENCY: U.S. Agency for International Development (USAID), IDCA.
ACTION: Final rule; Correction.
-----------------------------------------------------------------------
SUMMARY: This document contains corrections to rule document 96-18495,
AIDAR Notice 96-1, Miscellaneous Amendments to Acquisition Regulations,
in the issue of Friday, July 26, 1996 (61 FR 39089).
EFFECTIVE DATE: October 31, 1996.
FOR FURTHER INFORMATION CONTACT:
M/OP/P, Ms. Diane M. Howard, (703) 875-1310.
SUPPLEMENTARY INFORMATION: AIDAR Notice 96-1, Miscellaneous Amendments
to Acquisition Regulations, published on July 26, 1996 (61 FR 39089),
contained 59 amendments to the AID Acquisition Regulation (AIDAR).
Several omissions from and errors in the Notice have been identified
and require corrective action. The specific corrections to the Notice
are:
(1) The Preamble and section 702.170-13 are corrected to show the
new Agency Procurement Executive.
(2) Three amendments, numbers 15, 18 and 46, should have included
language to reserve the section heading (in #15 for section 715.605),
the Subpart heading (in #18 for Subpart 716.5) and the Part heading (in
#46 for Part 737), respectively.
(3) Amendment 26 redesignated section 722.103-70 as 722.103-1 which
already existed with the title ``Definitions''. This part of the
Amendment should have removed the heading ``722.103-70 Compensatory
time off.'' and allowed the definition that followed this heading to
fall under the existing 722.103-1. The entire instruction is corrected,
even though the remaining instructions under this Amendment were right.
(4) Section 726.302 was omitted from the chart in Amendment 37 and
should have been redesignated as 726.7008, and the heading for subpart
726.3 should be removed; further, several references in section
706.302-71 require correction due to the redesignations of 726.101 to
726.7002 and 726.103 to 726.7004.
(5) FAC 90-40 was published on the same day as AIDAR Notice 96-1
and contained changes to FAR 33.103 which in turn rendered incorrect
references in Amendment 43, which revised new sections 733.103-71 and
733.103-72.
(6) Amendment 44 incorrectly redesignated sections 733.7101 and
733.7102 as 733.2701 and 733.2702, respectively; the correct
redesignations should be 733.270-1 and 733.270-2, respectively.
(7) Amendment 58 incorrectly removed ``living quarters allowance''.
The phrase that should have been removed was ``temporary lodging
allowance'', since this is the term that ``temporary quarters
subsistence allowance'' replaced in the Standardized Regulations
(Government Civilians, Foreign Areas) upon which these allowances are
based.
Correction of Publication
Accordingly, the publication on July 26, 1996 of final rule [AIDAR
Notice 96-1] Miscellaneous Amendments to Acquisition Regulations (61 FR
39089), the subject of FR document 96-18495, is corrected as follows:
1. In the Preamble on page 39090, in the first column under D.
Administrative Changes and Clarifications, items (2) through (9) are
redesignated as (3) through (10) respectively, and insert item (2) to
read as follows: ``(2) Section 702.170-13 is amended to name the new
Agency Procurement Executive.''
702.170 [Corrected]
2. On page 39091 in the second column, between amendatory
instruction 8 and the heading for Part 706--Competition Requirements,
insert the following:
8a. Paragraph (b) of section 702.170-13 is amended in the first
sentence by removing ``Mr. Michael D. Sherwin, the Principal Deputy
Assistant Administrator for Management'' and replacing it with ``Mr.
Marcus L. Stevenson, the Director, Office of Procurement, Bureau for
Management'', in the second sentence by removing ``Mr. Sherwin'' and
replacing it with ``Mr. Stevenson'', and in the third sentence by
removing ``Principal Deputy Assistant Administrator'' and replacing it
with `'Director, Office of Procurement''.
706.302-71 [Corrected]
3. On the same page and column, between amendatory instruction 9
and the heading for Part 709--Contractor Qualifications, insert the
following:
[[Page 51235]]
706.302-71 [Amended]
9a. In section 706.302-71, paragraph (a)(2) is amended by removing
``726.101'' wherever it appears and replacing it with ``726.7002'', and
paragraph (b) is amended by removing ``726.103'' and replacing it with
``726.7004''.
715.605 [Corrected]
4. On the same page in the third column, in amendatory instruction
15, insert ``and 715.605 is reserved'' after ``removed''.
716.501 [Corrected]
5. On page 39092, in the first column, in amendatory instruction
18, insert ``and Subpart 716.5 is reserved'' after ``removed''.
722.103 [Corrected]
6. In the second column on the same page, amendatory instruction 26
is corrected to read as follows:
26. The heading ``722.103-70 Compensatory time off.'' is removed
and Sections 722.103-2 and 722.103-4 respectively, and section 722.103-
3 is added and reserved.
726.101-726.310 [Corrected]
7. On page 39093, in the third column, in the chart under
amendatory instruction 37, insert ``726.302'' below ``726.301 under
``Old section'', and ``726.7008'' below ``726.7007'' under ``New
section''; in instruction 37a, `Subpart 726.2 is'' is corrected to read
``Subparts 726.2 and 726.3 are''.
733.103-71 [Corrected]
8. On page 39094, in the third column, under section 733.103-71, in
paragraph (b) on the third line, ``33.103(b)(3)'' is corrected to read
``33.103(d)(2)'', and in paragraph (c) on the first line, ``protestor''
is corrected to read ``protester''.
733.103-72 [Corrected]
9. On the same page and column, in section 733.103-72, paragraph
(b) is corrected to read as follows:
(b) Contracting Officer. The Contracting Officer is responsible for
requesting an extension of time for acceptance of offers as described
in FAR 33.103(f)(2).
733.27 [Corrected]
10. On page 39095, in the first column, in amendatory instruction
44 on the fourth line, ``733.2701'' and ``733.2702'' are corrected to
read ``733.270-1'' and ``733.270-2'' respectively.
PART 737.2--CORRECTED
11. On the same page and column, in amendatory instruction 46,
insert ``and Part 737 is reserved'' after ``removed''.
752. 7028 [Corrected]
12. On page 39096, in the second column, in lines six and seven of
amendatory instruction 58, ``living quarters allowance'' is corrected
to read ``temporary quarters allowance''.
Dated: September 18, 1996.
Marcus L. Stevenson,
Procurement Executive.
[FR Doc. 96-25059 Filed 9-30-96; 8:45 am]
BILLING CODE 6116-01-M
Complete official Federal Register PDF
FR Doc. 96-25039 Airworthiness Directives; Jetstream Model 4101 Airplanes
[Federal Register Volume 61, Number 191 (Tuesday, October 1, 1996)]
[Rules and Regulations]
[Pages 51212-51213]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25039]
=======================================================================
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 96-NM-129-AD; Amendment 39-9677; AD 96-13-09]
RIN 2120-AA64
Airworthiness Directives; Jetstream Model 4101 Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; correction.
-----------------------------------------------------------------------
SUMMARY: This amendment clarifies information in an existing
airworthiness directive (AD), applicable to all Jetstream 4101
airplanes, that currently requires a review of maintenance records to
determine the time-in-service of the bearings in the starter/generators
of both engines. It also establishes a new time-in-service limit for
the bearings, and requires replacement of the starter/generator unit
with a serviceable unit, if necessary. The actions specified in that AD
are intended to prevent failure of the bearings of the starter/
generator, which could cause severe vibrations and resultant in-flight
shutdown of one or both engines. This amendment clarifies the
requirements of the current AD by specifying the name of the
manufacturer of the starter/generator units that are affected by the
requirements of this AD.
DATES: Effective July 15, 1996.
The incorporation by reference of certain publications listed in
the regulations was approved previously by the Director of the Federal
Register as of July 15, 1996 (61 FR 33647, June 28, 1996).
FOR FURTHER INFORMATION CONTACT: William Schroeder, Aerospace Engineer,
Standardization Branch, ANM-113, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (206)
227-2148; fax (206) 227-1149.
SUPPLEMENTARY INFORMATION: On June 17, 1996, the FAA issued AD 96-13-
09, amendment 39-9677 (61 FR 33647, June 28, 1996), which is applicable
to all Jetstream Model 4101 airplanes. That AD requires a review of
maintenance records to determine the time-in-service of the bearings in
the starter/generators of both engines. It also establishes a new time-
in-service limit for the bearings, and requires replacement of the
starter/generator unit with a serviceable unit, if necessary. That AD
was prompted by reports of controlled in-flight engine shutdowns
resulting from severe vibration caused by the failure of the bearings
in the direct current (DC) starter/generator unit. The actions
specified in that AD are intended to prevent such failure of the
bearings of the starter/generator, which could cause severe vibrations
and resultant in-flight shutdown of one or both engines.
Actions Since Issuance of AD 96-13-09
Since the issuance of that AD, the FAA has been advised that there
may be confusion on the part of operators as to which specific make and
model of starter/generator units are susceptible to the bearing problem
and should be subject to the requirements of the AD. Additionally,
operators of airplanes other than Jetstream Model 4101 airplanes may be
confused as to whether starter/generator units installed on those
airplanes are also susceptible to the bearing problem. Such confusion
arises because the name of the manufacturer of the affected units was
not specified in AD 96-13-09.
The FAA notes that there are several manufacturers of starter/
generator units, but only those manufactured by Lucas Aerospace Power
Systems for Jetstream Model 4101 airplanes are installed on the
affected airplanes and are subject to
[[Page 51213]]
the AD. Lucas Aerospace Power Systems starter/generator units installed
on other makes and models of airplanes are not affected by this AD.
Likewise, other makes and models of starter/generator units installed
on airplanes other than the Model 4101 are not affected by this AD.
In light of the possible confusion that may have been created
relative to this point, the FAA finds that AD 96-13-09 should be
clarified to specify the name of the manufacturer of the affected
starter/generator units.
In all other respects, however, the AD is correct and adequate as
issued.
Action Taken by FAA
Action is taken herein to clarify AD 96-13-09 by identifying the
name of the manufacturer of the subject starter/generators, and to
correctly add the AD as an amendment to section 39.13 of the Federal
Aviation Regulations (14 CFR 39.13).
The final rule is being reprinted in its entirety for the
convenience of affected operators. The effective date remains July 15,
1996.
Since this action only clarifies a current requirement, it has no
adverse economic impact and imposes no additional burden on any person.
Therefore, notice and public procedures hereon are unnecessary.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Correction
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (14 CFR part 39) as follows:
PART 39--AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by correctly adding the following new
airworthiness directive:
96-13-09 Jetstream Aircraft Limited: Amendment 39-9677. Docket 96-
NM-129-AD.
Applicability: All Model 4101 airplanes, certificated in any
category.
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
modified, altered, or repaired in the area subject to the
requirements of this AD. For airplanes that have been modified,
altered, or repaired so that the performance of the requirements of
this AD is affected, the owner/operator must request approval for an
alternative method of compliance in accordance with paragraph (c) of
this AD. The request should include an assessment of the effect of
the modification, alteration, or repair on the unsafe condition
addressed by this AD; and, if the unsafe condition has not been
eliminated, the request should include specific proposed actions to
address it.
Compliance: Required as indicated, unless accomplished
previously.
To prevent severe vibration of one or both engines, which could
cause in-flight engine shutdown, accomplish the following:
(a) Within 7 days after the effective date of this AD, review
the airplane maintenance records to determine the hours time-in-
service (TIS) accumulated on the bearings in the Lucas Aerospace
Power Systems starter/generator units of both engines, in accordance
with Jetstream Alert Service Bulletin J41-A24-036, dated February
26, 1996.
(1) If the bearings on both of the starter/generator units have
accumulated 300 or more hours TIS: Prior to further flight, replace
at least one of the starter/generator units with a unit having
bearings with less than 300 hours TIS, in accordance with the alert
service bulletin.
(2) If the bearings on one or both starter/generator units have
bearings with less than 300 hours TIS: Prior to the accumulation of
300 hours TIS on the bearings on both starter/generator units,
remove at least one of the units and replace it with a unit having
bearings with less than 300 hours TIS, in accordance with the alert
service bulletin.
(b) As a continuing requirement thereafter: Prior to the
accumulation of 300 hours TIS on the bearings on both of the Lucas
Aerospace Power Systems starter/generator units on the airplane,
remove at least one of those units and replace it with a unit having
bearings with less than 300 hours TIS, in accordance with Jetstream
Alert Service Bulletin J41-A24-036, dated February 26, 1996.
(c) An alternative method of compliance or adjustment of the
compliance time that provides an acceptable level of safety may be
used if approved by the Manager, Standardization Branch, ANM-113,
FAA, Transport Airplane Directorate. Operators shall submit their
requests through an appropriate FAA Principal Maintenance Inspector,
who may add comments and then send it to the Manager,
Standardization Branch, ANM-113.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Standardization Branch, ANM-113.
(d) Special flight permits may be issued in accordance with
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the airplane to a location where
the requirements of this AD can be accomplished.
(e) The actions shall be done in accordance Jetstream Alert
Service Bulletin J41-A24-036, dated February 26, 1996. This
incorporation by reference was approved previously by the Director
of the Federal Register, in accordance with 5 U.S.C. 552(a) and 1
CFR part 51, as of July 15, 1996 (61 FR 33647, June 28, 1996).
Copies may be obtained from Jetstream Aircraft, Inc., P.O. Box
16029, Dulles International Airport, Washington, DC 20041-6029.
Copies may be inspected at the FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington; or at the Office of the
Federal Register, 800 North Capitol Street, NW., suite 700,
Washington, DC.
(f) This amendment becomes effective on July 15, 1996.
Issued in Renton, Washington, on September 24, 1996.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 96-25039 Filed 9-30-96; 8:45 am]
BILLING CODE 4910-13-U
Complete official Federal Register PDF
FR Doc. 96-25006 Conduct on Beltsville Agricultural Research Center Property, Beltsville, Maryland
[Federal Register Volume 61, Number 191 (Tuesday, October 1, 1996)]
[Rules and Regulations]
[Pages 51210-51212]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25006]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Agricultural Research Service
7 CFR Part 502
Conduct on Beltsville Agricultural Research Center Property,
Beltsville, Maryland
AGENCY: Agricultural Research Service; Research, Education, and
Economics; USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Agricultural Research Service (ARS) is revising
regulations governing conduct on Beltsville Agricultural Research
Center (BARC) property. This action is being taken because a review of
the regulations identified certain words in the current regulations
that are out of date. Other minor changes, corrections and deletions
will be made to clarify the regulations.
EFFECTIVE DATE: October 1, 1996.
FOR FURTHER INFORMATION CONTACT: Area Administrative Officer,
Beltsville Area, ARS, Building 003, Room 203, Beltsville, MD 20705;
(301) 504-5392.
[[Page 51211]]
SUPPLEMENTARY INFORMATION: A review of this regulation was done in
response to the President's Regulatory Review Initiative. As a result,
certain words describing the property and personnel contained in the
current regulations were identified as obsolete. The amendments change
these obsolete descriptions and make other minor revisions and
deletions to the current regulations. Pursuant to 5 U.S.C. 553(b) it
has been determined that notice and public comment procedures are
unnecessary because the changes being made are minor changes to
obsolete words and will not substantively alter the regulation.
Further, since this rule involves minor revision to existing
regulations it is not a ``major rule'' and is exempt from the
provisions of Executive Order 12291. The amendments will not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act, 5 U.S.C. 601 et
seq. This rule has been determined to be not significant for the
purpose of Executive Order 12866 and therefore has not been reviewed by
the Office of Management and Budget. This rule is exempt from the
requirements of the National Environmental Policy Act, as amended (42
U.S.C. 4321 et seq.) and the requirements of the Paperwork Reduction
Act (44 U.S.C. Ch. 35). Among other minor changes, the amendment
changes the phrase ``Agricultural Research Center'' to ``Beltsville
Agricultural Research Center (BARC)''; the phrase ``seeing eye dogs''
is replaced with ``assistance trained animals''; references to
``guards'' are changed to ``BARC Security''; and references to
``innoculations'' are changed to ``vaccinations.''
List of Subjects in 7 CFR Part 502
Beltsville Agricultural Research Center, Federal buildings and
facilities, Security measures.
For the reasons set out in the preamble, 7 CFR Part 502 is amended
as set forth below.
PART 502--CONDUCT ON BELTSVILLE AGRICULTURE RESEARCH CENTER
PROPERTY, BELTSVILLE, MARYLAND
1. The heading for Part 502 is revised as set forth above.
2. The authority citation for part 502 is revised to read as
follows:
Authority: Secs. 2, 4, 62 Stat. 281; 40 U.S.C. 318 (a), (c);
sec. 103, 63 Stat. 380; 40 U.S.C. 753; sec. 205(d), 63 Stat. 389; 40
U.S.C. 486(d); 36 FR 18440 and 60 FR 56392.
3. Section 502.1 is revised to read as follows:
Sec. 502.1 General.
The rules and regulations in this part apply to the buildings and
grounds of the Beltsville Agricultural Research Center (BARC),
Beltsville, MD, and to any persons entering in or on such property. The
Administrator, General Services Administration, has delegated to the
Secretary of Agriculture, with authority to redelegate, the authority
to make all the needful rules and regulations for the protection of the
buildings, grounds, equipment, and experimental plants and animals of
BARC (36 FR 18440). The Secretary of Agriculture has delegated this
authority to the Under Secretary for Research, Education, and Economics
(60 FR 56392) who in turn has delegated such authority to the
Administrator, Agricultural Research Service (60 FR 56392). The rules
and regulations in this part are issued pursuant to such delegations.
4. Section 502.2 is revised to read as follows:
Sec. 502.2 Admission.
Admission to BARC during ``off duty'' hours shall be restricted to
the main arteries and any deviation therefrom by individuals shall be
limited to authorized individuals who may be required to sign a
register and display identification documents when requested by BARC
Security or other authorized individual. ``Off duty'' hours will be
posted at BARC. Admission during ``duty'' hours when BARC is closed to
the public in emergency situations will be limited to authorized
individuals who may be required to sign a register and display
identification documents when requested by BARC Security or other
authorized individual.
5. Section 502.4 is revised to read as follows:
Sec. 502.4 Conformity with signs and emergency directions.
Persons in and on property of BARC shall comply with official signs
of a prohibitory or directory nature, and with the directions of
authorized individuals.
6. Section 502.5 is revised to read as follows:
Sec. 502.5 Nuisances.
The use of loud, abusive or otherwise improper language,
unwarranted loitering, sleeping, or assembly, the creating of any
hazard to persons or things, improper disposal of rubbish, spitting,
prurient prying, the commission of any obscene or indecent act, or any
other unseemly or disorderly conduct, throwing articles of any kind
from a building, or climbing upon any part of a building is prohibited.
Further, conduct which obstructs the usual use of entrances, foyers,
corridors, office elevators, stairways and parking lots, or which
otherwise tends to impede or disturb BARC employees in the performance
of their duties or which otherwise impedes the general public from
obtaining the administrative services provided by BARC is prohibited.
7. Section 502.6 is revised to read as follows:
Sec. 502.6 Hunting, fishing, camping, horseback riding.
The use of BARC grounds for any form of hunting, fishing, camping,
or horseback riding is prohibited. Further, the use of these grounds
for unauthorized picnicking is also prohibited.
8. Section 502.7 is revised to read as follows:
Sec. 502.7 Gambling.
Participating in games for money or other personal property, or the
operation of gambling devices, the conduct of a lottery or pool, or the
selling or purchasing of numbers tickets, in or on BARC property, is
prohibited.
9. Section 502.8 is revised to read as follows:
Sec. 502.8 Intoxicating beverages and narcotics.
Entering BARC property or the operation of a motor vehicle thereon,
by a person under the influence of intoxicating beverages or narcotic
drug, hallucinogen, marihuana, barbiturate, or amphetamine (unless
prescribed by a physician) or the consumption of such beverages, or the
use of any such drug or substance in or on BARC property, is
prohibited.
10. Section 502.9 is revised to read as follows:
Sec. 502.9 Soliciting, vending, debt collection, and distribution of
handbills.
The soliciting of alms and contributions, commercial soliciting and
vending of all kinds or the display or distribution of commercial
advertising, or the collecting of private debts, in or on BARC
property, is prohibited. This section does not apply to national or
local drives for funds for welfare, health, and other purposes
sponsored or approved by the Agricultural Research Service,
concessions, or personal notices posted by employees on authorized
bulletin boards. Distribution of material such as pamphlets, handbills,
and flyers or the posting of materials on bulletin boards or elsewhere
is prohibited without prior approval of the Director, Beltsville Area.
[[Page 51212]]
11. Section 502.10 is revised to read as follows:
Sec. 502.10 Photographs by visitors or for news, advertising, or
commercial purposes.
Photographs may be taken by visitors or for news purposes without
prior permission. Photographs for advertising and commercial purposes
may be taken at BARC only with the prior written approval of the
Director, Beltsville Area.
12. Section 502.11 is revised to read as follows:
Sec. 502.11 Pets.
Pets, except assistance trained animals, brought upon BARC property
must be kept on a leash and have proper vaccinations. Pets that are the
property of employees residing on BARC must be up to date on their
vaccinations, in accordance with State or local laws, and be kept on a
leash or similarly restrained. The abandonment of unwanted animals on
BARC grounds is prohibited.
13. Section 502.12 is amended by revising paragraphs (a) through
(c) to read as follows:
Sec. 502.12 Vehicular and pedestrian traffic.
(a) Drivers of all vehicles whether or not motorized in or on BARC
property shall drive in a careful and safe manner at all times and
shall comply with the signals and directions of the security staff and
all posted traffic signs;
(b) The blocking of entrances, driveways, walks, loading platforms,
or fire hydrants in or on BARC property is prohibited;
(c) Except in emergencies, parking in or on BARC property in other
than designated areas is not allowed without a permit. Parking without
authority, parking in unauthorized locations or in locations reserved
for other persons, or contrary to the direction of posted signs is
prohibited. This section may be supplemented from time to time, by the
issuance and posting of specific traffic directives as may be required,
and when so issued and posted such directives shall have the same force
and effect as if made a part hereof.
* * * * *
Sec. 502.13 [Removed]
Secs. 502.14 through 502.17 [Redesignated as Secs. 502.13 through
502.16]
14. Section 502.13 is removed and Secs. 502.14 through 502.17 are
redesignated as Secs. 502.13 through 502.16 and newly redesignated
Sec. 502.13 is revised to read as follows:
Sec. 502.13 Weapons and explosives.
No person while in or on BARC property shall carry firearms, other
dangerous or deadly weapons, or explosives, either openly or concealed,
except as officially authorized for official purposes.
15. Newly designated Sec. 502.14 is revised to read as follows:
Sec. 502.14 Nondiscrimination.
There shall be no discrimination by segregation or otherwise
against any person or persons because of race, religion, color, sex,
age, disability or national origin, in furnishing, or by refusing to
furnish to such person or persons the use of any facility of a public
nature, including all services, privileges, accommodations, and
activities provided thereby on BARC property.
16. Newly designated Sec. 502.15 is revised to read as follows:
Sec. 502.15 Exceptions.
The Administrator, Agricultural Research Service, may in individual
cases, make prior, written exceptions to the rules and regulations in
this part, if a determination is made that the exception is not adverse
to the public interest.
Done at Washington DC, this 18th day of September 1996.
Floyd P. Horn,
Administrator, Agricultural Research Service.
[FR Doc. 96-25006 Filed 9-30-96; 8:45 am]
BILLING CODE 3410-03-M
Complete official Federal Register PDF
FR Doc. 96-24715 Exemption, Approval, Registration and Reporting Procedures; Miscellaneous Provisions
[Federal Register Volume 61, Number 191 (Tuesday, October 1, 1996)]
[Rules and Regulations]
[Pages 51235-51236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24715]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Research and Special Programs Administration
49 CFR Part 171
[Docket HM-207C, Amdt. No. 171-141]
RIN 2137-AC63
Exemption, Approval, Registration and Reporting Procedures;
Miscellaneous Provisions
AGENCY: Research and Special Programs Administration (RSPA), DOT.
ACTION: Response to petition for reconsideration.
-----------------------------------------------------------------------
SUMMARY: RSPA is publishing a letter in which it denied a petition for
reconsideration of a provision in the final rule in the HM-207C
proceeding which revised procedures for applying for exemptions and
established procedures for applying for approvals, and registering and
filing reports with RSPA. That provision deleted a paragraph that
specified when State or local hazardous waste requirements would be
preempted.
EFFECTIVE DATE: The effective date for the final rule published under
Docket HM-207C on May 9, 1996 (61 FR 21084) remains October 1, 1996.
FOR FURTHER INFORMATION CONTACT: Kathleen Stokes Molinar, Office of the
Chief Counsel, (202) 366-4400, or Diane LaValle, Office of Hazardous
Materials Standards, (800) 467-4922, RSPA, US Department of
Transportation, 400 7th Street S.W., Washington, D.C. 20590-0001.
SUPPLEMENTARY INFORMATION: On May 9, 1996, RSPA published a final rule
which amended the Hazardous Materials Regulations by changing and
clarifying RSPA's procedures and requirements for its exemptions,
approvals, registration, reporting, preemption, and enforcement
procedures and programs. These changes and clarifications included a
modification of 49 CFR 171.3 pertaining to hazardous waste.
RSPA deleted 49 CFR 171.3(c) concerning preemption of State or
local hazardous waste transportation requirements. That section
preempted a requirement if it applied because the material in issue was
a waste material and if the non-Federal requirement applied differently
from, or in addition to, the HMR requirements concerning packaging,
marking, labeling, or placarding, format or contents of discharge
reports, and format or contents of shipping papers (including hazardous
waste manifests).
RSPA received one petition for reconsideration of this issue. On
September 20, 1996, RSPA denied the petition for reconsideration in a
letter which has been sent to the petitioner. This document publishes
verbatim the letter of denial as follows:
September 20, 1996.
Mr. Charles Dickhut,
Chairman, Association of Waste Hazardous Materials Transporters, 2200
Mill Road, Alexandria, Virginia 22314
Dear Mr. Dickhut: This letter responds to your May 22, 1996
Petition for Reconsideration (Petition) regarding a provision of the
Final Rule issued under Docket HM-207C, published in the Federal
Register on May 9, 1996, at 61 FR 21084. The Petition requests that
the Research and Special Programs Administration (RSPA) reconsider
the decision to delete 49 C.F.R. 171.3(c), which provided that
certain requirements of a State or political subdivision pertaining
to hazardous waste which applied differently from, or were in
addition to, the Federal requirements would be found to be
inconsistent with the Federal requirements.
The Petition is based upon four considerations. First, you state
that ``* * * no mention, let alone justification, of RSPA's intent
to delete the provision was included in the notice of proposed
rulemaking on docket HM-207C,'' and you further state that ``* * *
no support was voiced for this amendment. On the other hand, several
comments asked that the provision be retained.'' Second, you state
that 49 C.F.R. 171.3(c) has served as regulatory support for
voluntary harmonization of non-Federal requirements with Federal
requirements. Third, you contend that where voluntary harmonization
has not been achieved, 49 C.F.R. 171.3(c) has been relied upon and
cited by RSPA in each binding preemption determination issued since
1990 which has dealt exclusively with hazardous waste. Fourth, you
assert that deletion of 49 C.F.R. 171.3(c) undermines the
Congressional mandate for implementation of a uniform program of
regulation for the transportation of hazardous waste.
[[Page 51236]]
As more fully explained below, RSPA does not believe that the
decision to eliminate 49 C.F.R. 171.3(c) should be reversed.
The Federal Hazardous Materials Law
In 1975, Congress enacted the Hazardous Materials Transportation
Act (HMTA) to provide DOT with greater authority to protect the
Nation against the risks to life and property which are inherent in
the transportation of hazardous materials. In 1990, the HMTA was
amended by Congress' enactment of the Hazardous Materials
Transportation Uniform Safety Act. In 1994, the provisions of the
HMTA, as amended, were codified in the present-day Federal hazardous
materials transportation law, which includes provisions setting out
an all-inclusive, comprehensive preemption program. Under the
preemption authority, DOT may issue binding Federal preemption
determinations in all areas of hazardous materials transportation,
including hazardous waste.
The law now specifies ``covered subjects'' with which State,
local, and tribal requirements are required to be ``substantively
the same.'' These ``covered subjects'' include shipping papers,
packaging, marking, labeling, placarding and written reports of
hazardous materials releases. The ``covered subjects'' preemption
provisions have obviated the necessity to maintain a separate
regulatory provision which addresses only hazardous waste.
Analysis/Decision
The Petition's first argument in support of the request for
reconsideration is that RSPA's September 24, 1995 Notice of Proposed
Rulemaking (NPRM) failed to provide notice of its proposal to delete
49 C.F.R. 171.3(c). The Petition also states that RSPA received no
support for the deletion from the commenters who responded to the
NPRM. Although the preamble did not address this issue, the NPRM did
expressly propose deletion of 49 C.F.R. 171.3(c) in the proposed
rule text of the NPRM. (60 FR 47734). Comments opposing the proposed
deletion were considered; however, for the reasons stated in the
preamble to the May 9, 1996 final rule and in this letter, RSPA
believes that deletion of 49 C.F.R. 171.3(c) is appropriate.
Second, the Petition cites 49 CFR 171.3(c) as historically
serving as a basis for voluntary harmonization of non-Federal
requirements with Federal requirements. Absent voluntary
harmonization, the Petition's third point of consideration is an
argument that RSPA has cited the regulation in every binding
preemption determination concerning hazardous waste. RSPA does not
dispute the historical usefulness of 49 CFR 171.3(c) for harmonizing
non-Federal hazardous waste requirements with Federal requirements.
However, RSPA believes that utilization of the ``covered subjects''
preemption authority in the Federal hazardous materials
transportation law facilitates harmonization of non-Federal
requirements with Federal law. This preemption language goes far
beyond the limited provisions of 49 CFR 171.3(c).
As a fourth and final point, the Petition argues that deletion
of the regulation undermines Congress' directive that a uniform
program of regulation be utilized for the transportation of
hazardous waste.
RSPA agrees that Congress has called for a uniform Federal
program for the regulation of hazardous waste transportation.
RSPA believes that because deletion of 49 CFR 171.3(c) removes
hazardous waste as a separate area of consideration, deletion of
this regulation achieves Congress' goal of implementing a uniform,
comprehensive system of regulation of hazardous waste
transportation. As noted previously, the preemption provisions of
the Federal hazardous materials transportation law address all
issues pertaining to transportation of hazardous materials,
including hazardous waste.
For the foregoing reasons, your petition for reconsideration is
denied.
Sincerely,
Alan I. Roberts,
Associate Administrator for Hazardous Materials Safety.
Issued in Washington, D.C., on September 20, 1996, under
authority delegated in 49 CFR Part 1.
Alan I. Roberts,
Associate Administrator for Hazardous Materials Safety.
[FR Doc. 96-24715 Filed 9-30-96; 8:45 am]
BILLING CODE 4910-60-P
Complete official Federal Register PDF
FR Doc. 96-24714 Revision of Miscellaneous Hazardous Materials Regulations; Regulatory Review; Responses to Petitions for Reconsideration
[Federal Register Volume 61, Number 191 (Tuesday, October 1, 1996)]
[Rules and Regulations]
[Pages 51236-51238]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24714]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
49 CFR Part 172
[Docket HM-222B; Amdt. No. 172-149]
RIN 2137-AC76
Revision of Miscellaneous Hazardous Materials Regulations;
Regulatory Review; Responses to Petitions for Reconsideration
AGENCY: Research and Special Programs Administration (RSPA), DOT.
ACTION: Final rule; Responses to petitions for reconsideration.
-----------------------------------------------------------------------
SUMMARY: RSPA is publishing two letters in which it denied petitions
for reconsideration on provisions of a May 30, 1996, final rule dealing
with reducing the requirements pertaining to training frequency and
emergency response telephone numbers.
DATES: The effective date for the final rule published under Docket HM-
222B on May 30, 1996 (61 FR 27166) remains October 1, 1996.
FOR FURTHER INFORMATION CONTACT: John A. Gale, (202) 366-8553; Office
of Hazardous Materials Standards, or Karin V. Christian, (202) 366-
4400, Office of the Chief Counsel, RSPA, Department of Transportation,
Washington, DC 20590-0001.
SUPPLEMENTARY INFORMATION: On May 30, 1996, RSPA published a final rule
under Docket HM-222B (61 FR 27166) which amended the Hazardous
Materials Regulations (HMR) based on its review of the HMR and on
written and oral comments received from the public concerning
regulatory reform. These changes included reducing the requirements
pertaining to training frequency, incident reporting, and emergency
response telephone numbers. RSPA's review of the HMR was based on the
March 4, 1995, memorandum from President Clinton calling for a review
of all agency regulations and elimination or revision of those
regulations that are outdated or in need of reform. The effective date
of the rule was October 1, 1996, but immediate compliance was
authorized.
RSPA has received three petitions for reconsideration in regard to
the amendments made under Docket HM-222B. Two of the petitioners, the
Air Transport Association of America and the Air Line Pilot Association
(ALPA), requested that RSPA reconsider its decision to decrease the
recurrent training requirements from two to three years. The Air
Transport Association and ALPA requested that, for shippers of
hazardous materials by air, the training frequency be increased from
three years to one year. The other petitioner, the American Trucking
Association, requested that RSPA reconsider its decision to grant
exceptions from the 24-hour emergency response telephone number
requirement for limited quantities and specific materials, such as
engines, internal combustion. On September 20, 1996, RSPA denied the
petitions for reconsideration in letters which have been sent to each
petitioner. This document publishes verbatim the letters of denial as
follows:
Response to American Trucking Associations
September 20, 1996.
Mr. Paul Bomgardner,
Hazardous Materials Specialist, American Trucking Associations, 2200
Mill Road, Alexandria, VA 22314-4677
Dear Mr. Bomgardner: This letter responds to your July, 18,
1996, Petition for Reconsideration (Petition) regarding a provision
of the Final Rule issued under Docket HM-222B, published in the
Federal Register on May 30, 1996, at 61 FR 27166. The Petition
requests that the Research and Special Programs Administration
(RSPA) reconsider the decision to amend 49 CFR 172.604 to except
additional materials from the requirement to have a 24-hour
emergency response telephone number.
The final rule in Docket HM-222B excepted the following
materials from the requirement to have a 24-hour emergency response
telephone number: limited quantities of hazardous materials; and
[[Page 51237]]
materials described under the shipping names ``Engines, internal
combustion''; ``Battery powered equipment''; ``Battery powered
vehicle''; ``Wheelchair, electric''; ``Carbon dioxide, solid'';
``Dry ice''; ``Fish meal, stabilized''; ``Fish scrap, stabilized'';
``Castor bean''; ``Castor meal''; ``Castor flake''; ``Castor
pomace''; and ``Refrigerating machine''. This change is effective
October 1, 1996; however, voluntary compliance with this change, and
the other amendments made under Docket HM-222B to the Hazardous
Materials Regulations (HMR), 49 CFR Parts 171-180 was authorized as
of May 30, 1996.
The basis for the Petition was that the exception would create a
``training nightmare'' and possibly promote non-compliance. The
Petition went on to say that drivers and stock workers will have to
memorize the list of materials and proper shipping names listed in
Sec. 172.604 and that this change will causes additional burdensome
training which only tends to add confusion to the regulations and
costs to compliance.
RSPA acknowledges that the exceptions from the 24-hour emergency
response telephone number adopted under Docket HM-222B may cause a
minimal increase in the training costs of carriers of hazardous
materials. However, this cost is far outweighed by the cost savings
to shippers of hazardous materials who do not have to maintain a 24-
hour emergency response telephone number. RSPA notes that many of
the materials, such as ``Engines, internal combustion,'' which have
been excepted from this requirement present a very limited hazard in
transportation. Other materials excepted from this requirement, such
as dry ice, are not subject to the HMR when transported by highway
and are currently being transported without emergency response
information accompanying the shipments. The exceptions provided in
this final rule only apply to the maintenance of a 24-hour telephone
number. Shipments subject to the HMR which are transported by
highway would still be accompanied by shipping papers and emergency
response information. Motor carriers, therefore, will still have
access to appropriate initial actions to mitigate incidents. Based
on the foregoing, RSPA is denying ATA's petition to rescind the
amendment dealing with exceptions from the 24-hour emergency
response telephone number requirement.
Sincerely,
Alan I. Roberts,
Associate Administrator for Hazardous Materials Safety.
Response to Air Transport Association of America and Air Line Pilots
Association
September 20, 1996
Captain Larry Farris,
Chairman, Dangerous Goods Committee, Air Line Pilots Association,
Post Office Box 1189, Herndon, VA 22070
Mr. Frank J. Black,
Director, Cargo Services and Secretary, Air Transport Association of
America, 1301 Pennsylvania Avenue, NW., Washington, DC 20004-1707.
Dear Messrs. Farris and Black: The Research and Special Programs
Administration (RSPA) denies your petitions for reconsideration on
the provisions in RSPA's final rule in Docket HM-222B that decreased
the training frequency for hazmat employees from two to three years.
The final rule in Docket HM-222B decreases the training
frequency for hazmat employees from two to three years (49 CFR
172.704). See 61 FR 27166 (May 30, 1996). This change is effective
October 1, 1996; however, voluntary compliance with this change, and
the other amendments made under Docket HM-222B to the Hazardous
Materials Regulations (HMR), 49 CFR Parts 171-180, was authorized as
of May 30, 1996.
On June 21, 1996, the Air Transport Association of America (ATA)
and on June 28, 1996, the Air Line Pilot's Association (ALPA)
petitioned RSPA to rescind its decision to decrease the recurrent
training requirements from two to three years. The ATA and ALPA
requested that, for shippers of hazardous materials by air, the
training frequency be increased from three years to one year. The
ATA stated that: ``[w]e feel strongly that reducing the training
frequency will adversely affect safety. It is common knowledge that
many unsophisticated shippers do a very poor job of training today.
The extension of time will only make it worse.'' The ATA went on to
say that it is important that training and awareness of the HMR be
properly reinforced at every opportunity. ALPA stated that it
believes that RSPA has compromised public safety by extending the
training cycle to three years and that it has elected wrongly to
divert from the international regulations. ALPA went on to say that
the transportation environment by air is different than other modes
and that it is very important that those persons shipping and/or
offering hazmat have knowledge and current recent awareness of
potential dangers which hazardous materials may pose while being
transported in this environment.
RSPA stated in the preamble to the final rule that one of the
most important regulatory requirements in the HMR is its training
requirements. Proper training increases a hazmat employee's
awareness of safety considerations involved in the loading,
unloading, handling, storing, and transportation of hazardous
materials. An effective training program reduces hazardous materials
incidents resulting from human error and mitigates the effects of
incidents when they occur. In the final rule, RSPA went on to say
that the ``importance of RSPA's training requirements is not
diminished by a decrease in the frequency of training from two to
three years.''
We do not believe that safety has been compromised by decreasing
the training frequency from two to three years. Under the training
requirements in the HMR, any person who performs a function subject
to the HMR may not perform that function unless trained in
accordance with the requirements that apply to that function. In
addition, a hazmat employer must ensure that each hazmat employee is
thoroughly instructed in the requirements that apply to functions
performed by that employee. If RSPA adopts a new regulation, or
changes an existing regulation, that relates to a function performed
by a hazmat employee, that hazmat employee must be instructed in
those new or revised function-specific requirements without regard
to the three year training cycle. It is not necessary to completely
retrain the employee sooner than the required three year cycle. The
only instruction required is that necessary to assure knowledge of
the new or revised regulatory requirement. For example, if a new
requirement is added to the shipping paper requirements, a hazmat
employee must be instructed regarding the new requirement prior to
preparation of a shipping paper or performance of a similar function
affected by the new or revised rule. It is not necessary to test the
hazmat employee or retain records of the instruction provided in the
new or revised requirements until the next scheduled retraining at
or within the three year cycle. Under HM-222B, RSPA revised the
training rules to make it clear that RSPA does not intend that
millions of detailed records be created and retained and associated
testing be conducted each time a hazmat employee is instructed in
regard to a change in the regulations within the three year cycle.
RSPA also does not believe that it was wrong to divert from the
international regulations by decreasing the training frequency from
two to three years. The decrease in training frequency for persons
who offer for transportation and transport hazardous materials in
domestic transportation does not in any way impede international
transportation. A person who complies with the international
requirement to retrain every two years will also satisfy the
domestic requirement to retrain every three years.
The ATA and ALPA petitions exceed the scope of the Docket HM-
222B rulemaking, which involved changing a two-year training cycle
to a three-year training cycle. The petitions also fail to explain
whether or how the proposed air transportation requirement would
apply to shippers that offer for transportation by both air
transportation and one or more other modes of transportation. The
multi-modal impact, as well as cost/benefit ramifications, of this
proposal deserves public notice and comment.
RSPA believes that there are alternatives to a regulatory
requirement that will enhance the safety of hazardous material
transported by air. We are distributing informational brochures to
educate the flying public. We are also preparing a video to better
inform shippers of the requirements for hazardous materials
transported by air. Finally, we will be expanding our training
efforts for shippers, carriers, and Federal enforcement personnel.
In conclusion, neither ATA nor ALPA provided any information
that would warrant changing the frequency of training from three
years to one year. Furthermore, you have not demonstrated that the
benefits of your proposal would outweigh the costs. If you have
additional information, we request that you provide it in a petition
for rulemaking. Our rules on petitions for rulemaking are found in
Sec. 106.31. These rules were amended in a Final Rule published on
June 14, 1996 (61 FR 30175).
[[Page 51238]]
Sincerely,
Alan I. Roberts,
Associate Administrator for Hazardous Materials Safety.
Issued in Washington, DC on September 20, 1996, under the
authority delegated in 49 CFR part 1.
Alan I. Roberts,
Associate Administrator for Hazardous Materials Safety.
[FR Doc. 96-24714 Filed 9-30-96; 8:45 am]
BILLING CODE 4910-60-P
Complete official Federal Register PDF
FR Doc. 96-24712 Exemption, Approval, Registration and Reporting Procedures; Miscellaneous Provisions
[Federal Register Volume 61, Number 191 (Tuesday, October 1, 1996)]
[Rules and Regulations]
[Pages 51241-51242]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24712]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
49 CFR Part 173
[Docket HM-207C, Amdt. No. 173-249]
RIN 2137-AC63
Exemption, Approval, Registration and Reporting Procedures;
Miscellaneous Provisions
AGENCY: Research and Special Programs Administration (RSPA), DOT.
ACTION: Final rule; Revision made in response to petition for
reconsideration.
-----------------------------------------------------------------------
SUMMARY: In response to a petition for reconsideration, this final rule
deletes a requirement that, when the provisions of an exemption require
that a copy be in a carrier's possession during transportation, the
carrier must maintain a copy of the exemption in the same manner as
required for shipping papers. This amendment will allow the carrier to
use any appropriate method for making the exemption available, unless
otherwise specified by the provisions of the exemption.
EFFECTIVE DATE: The effective date of this final rule and the final
rule published under Docket HM-207C on May 9, 1996 (61 FR 21084) is
October 1, 1996.
FOR FURTHER INFORMATION CONTACT: Kathleen Stokes Molinar, Office of the
Chief Counsel, (202) 366-4400, or Diane LaValle, Office of Hazardous
Materials Standards, (202) 366-8553, RSPA, U.S. Department of
Transportation, 400 7th Street, S.W., Washington, D.C. 20590-0001.
SUPPLEMENTARY INFORMATION: On May 9, 1996, RSPA published a final rule
under docket HM-207C (61 FR 21084) that revised and clarified RSPA's
procedures and requirements for its exemption, approvals, registration,
reporting, preemption, and enforcement procedures and programs. These
revisions and clarifications included addition of a new paragraph (c)
to 49 CFR 173.22a. The last sentence of this paragraph states: ``When
the provisions of the exemption require it to be in the possession of a
carrier during transportation in commerce, the carrier shall maintain
the copy of the exemption in the same manner as required for a shipping
paper.''
On June 3, 1996, United Parcel Service (UPS) filed a petition for
reconsideration, requesting that RSPA delete the last sentence of
paragraph (c) to 49 CFR 173.22a. UPS claimed that the new requirement
is not practicable, is both unreasonable and unnecessary, and was
issued without notice and opportunity for comment.
UPS contended that the requirement would cause major operational
difficulties within its system, especially in ensuring that a copy of
the exemption when detached from the package ``tracks'' with the
package. UPS stated that its daily business operations include
transporting thousands of DOT exemption packages. Typically, UPS
stated, an exemption package may be transported aboard up to five UPS
vehicles, and subjected to as many sorting and transferral operations.
UPS stated that, prior to the publication of HM-207C, when an exemption
contained language mandating that the exemption must be carried by the
carrier, UPS physically attached a copy of the exemption to each
exemption package, thus facilitating the transportation of the
exemption with the package through the myriad of sorting, transfer, and
transportation operations necessary to deliver the package to its
destination. UPS stated that requiring a driver to detach the exemption
from the package, place it with the shipping papers, and transfer it
each time the package was rerouted would render it extremely difficult
to ensure that each exemption document was able to ``track'' its
attendant package to the package's final destination.
UPS further stated that this new requirement would achieve little,
if anything, in terms of improved safety and cannot be justified in
light of the increased administrative and paperwork burdens associated
with the new requirement. Further, UPS claimed that the new requirement
was adopted without proper notice and without affording the public an
opportunity for comment.
RSPA adopted the new requirement in the May 9, 1996 final rule as a
clarification, with the understanding that the provision would impose
no additional costs and that the vast majority of carriers already
conform to the new requirement, as the most practicable way to ensure
that the exemption is available during transportation. RSPA did not
consider that some companies, such as UPS, may use other methods of
ensuring that an exemption is on the transport vehicle and that costs
would be incurred by them in conforming to the new requirement. Based
on the comments presented by UPS, RSPA agrees that there may be
operational burdens imposed on UPS and others which were not considered
in the May 9, 1996 final rule and that the requirement may entail costs
which would exceed its benefits. RSPA notes that if there is a need to
ensure that an exemption is immediately accessible during
transportation, such as where an exemption contains information related
to the safe handling of a shipment, RSPA can specify the manner of
maintaining the exemption in specific provisions in the exemption.
Based on the foregoing, RSPA is deleting the requirement as
requested by UPS. Because this revision is within the scope of the
rulemaking under docket HM-207C, lessens the requirements placed upon a
carrier in the May 9, 1996 final rule, imposes no new regulatory burden
on any person, and does not adversely impact emergency response,
additional public notice and comment are unnecessary. Because the
requirement was to go into effect on October 1, 1996, and to ensure
publication of this amendment in the 1996 Code of Federal Regulations,
there is ``good cause,'' under the Administrative Procedure Act, to
make the amendment effective on the same effective date as the May 9,
1996 final rule, i.e., October 1, 1996, without the usual 30-day delay
following publication.
Regulatory Analyses and Notices
A. Executive Order 12866 and DOT Regulatory Policies and Procedures
This final rule is not considered a significant regulatory action
under section 3(f) of Executive Order 12866 and was not reviewed by the
Office of Management and Budget (OMB). The rule is not significant
according to the Regulatory Policies and Procedures of the Department
of Transportation (44 FR 11034).
This final rule will not result in any additional costs to persons
subject to the HMR. Therefore, preparation of a regulatory impact
analysis or regulatory evaluation is not warranted.
B. Executive Order 12612
This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 12612 (``Federalism''). The
Federal hazardous materials transportation law (49 U.S.C. 5101-5127)
contains an express preemption provision that preempts State, local,
and Indian tribe requirements on certain covered subjects. Covered
subjects are:
[[Page 51242]]
(i) the designation, description, and classification of hazardous
material;
(ii) the packing, repacking, handling, labeling, marking, and
placarding of hazardous material;
(iii) the preparation, execution, and use of shipping documents
pertaining to hazardous material and requirements respecting the
number, content, and placement of such documents;
(iv) the written notification, recording, and reporting of the
unintentional release in transportation of hazardous material; or
(v) the design, manufacturing, fabrication, marking, maintenance,
reconditioning, repairing, or testing of a package or container which
is represented, marked, certified, or sold as qualified for use in the
transportation of hazardous material.
Title 49 U.S.C. 5125(b)(2) provides that DOT must determine and
publish in the Federal Register the effective date of Federal
preemption. That effective date may not be earlier than the 90th day
following the date of issuance of the final rule and not later than two
years after the date of issuance. The effective date of Federal
preemption for this final rule is January 1, 1997. Because RSPA lacks
discretion in this area, preparation of a Federalism assessment is not
warranted.
C. Regulatory Flexibility Act
I certify that this final rule will not have a significant economic
impact on a substantial number of small entities. This final rule
merely deletes a requirement scheduled to go into effect on October 1,
1996, and it does not impose any new requirements. Thus, there are no
direct or indirect adverse economic impacts for small units of
government, businesses, or other organizations.
D. Paperwork Reduction Act
Information collection requirements applicable to exemptions are
unchanged by this final rule in substance and amount of burden from
those currently approved by the Office of Management and Budget (OMB)
under OMB control number 2137-0051. Under the Paperwork Reduction Act
of 1995, no person is required to respond to a requirement for
collection of information unless the requirement displays a valid OMB
control number.
E. Regulation Identification Number (RIN)
A regulation identification number (RIN) is assigned to each
regulatory action listed in the Unified Agenda of Federal Regulations.
The Regulatory Information Service Center publishes the Unified Agenda
in April and October of each year. The RIN number contained in the
heading of this document can be used to cross-reference this action
with the Unified Agenda.
List of Subjects in 49 CFR Part 173
Hazardous materials transportation, Packaging and containers,
Radioactive materials, Reporting and recordkeeping requirements,
Uranium.
PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND
PACKAGINGS
1. The authority citation for Part 173 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
Sec. 173.22a [Amended]
2. In Sec. 173.22a, paragraph (c), as added at 61 FR 21102
effective October 1, 1996, is amended by removing the last sentence.
Issued in Washington, D.C., on September 20, 1996, under
authority delegated in 49 CFR Part 1.
Kelley S. Coyner,
Deputy Administrator.
[FR Doc. 96-24712 Filed 9-30-96; 8:45 am]
BILLING CODE 4910-60-P
Complete official Federal Register PDF
FR Doc. 96-24711 Periodic Inspection and Testing of Cylinders; Response to Petitions for Reconsideration, Clarification and Editorial Correction
[Federal Register Volume 61, Number 191 (Tuesday, October 1, 1996)]
[Rules and Regulations]
[Pages 51238-51241]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24711]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
49 CFR Part 172 and 173
[Docket HM-220A; Amdt Nos. 172-150 and 173-258]
RIN 2137-AC59
Periodic Inspection and Testing of Cylinders; Response to
Petitions for Reconsideration, Clarification and Editorial Correction
AGENCY: Research and Special Programs Administration (RSPA), DOT.
ACTION: Final rule; response to petitions for reconsideration,
clarification and editorial correction.
-----------------------------------------------------------------------
SUMMARY: On May 28, 1996, RSPA published a final rule under Docket HM-
220A which amended the Hazardous Materials Regulations (HMR; 49 CFR
Parts 171-180) pertaining to the maintenance and requalification of DOT
specification and exemption cylinders used for the transport of
compressed gases in commerce. The intent of these changes was to
enhance public safety by clarifying the regulations for those persons
who perform periodic inspection and testing of these cylinders. This
final rule responds to petitions for reconsideration, further clarifies
the regulations for cylinder retest, and makes minor editorial
corrections.
EFFECTIVE DATE: The effective date of these amendments is October 1,
1996.
FOR FURTHER INFORMATION CONTACT: Theresa Gwynn, telephone (202) 366-
4488, Office of Hazardous Materials Standards, Research and Special
Programs Administration, Washington, DC 20590-0001.
SUPPLEMENTARY INFORMATION: On May 28, 1996, RSPA published a final rule
under Docket HM-220A (61 FR 26750) that revised the HMR by clarifying
current inspection and retest requirements for compressed gas cylinders
used to transport hazardous materials in commerce. The final rule also
incorporated certain long-standing regulatory interpretations, and
added several new provisions. RSPA received four petitions for
reconsideration of provisions in the final rule. These petitions were
from representatives of compressed gas suppliers and fire extinguisher
manufacturers, including petitions from the National Propane Gas
Association (NPGA) and the Fire Equipment Manufacturers Association
(FEMA). In this document, RSPA responds to these petitions, clarifies
two additional provisions and corrects three editorial errors.
Petitions Granted
Retest Intervals for Fire Extinguishers using CO2
FEMA and another petitioner requested that RSPA reconsider the
language adopted in Sec. 173.34(e)(19)(ii). Both petitioners stated
that the revisions could be easily misconstrued to allow DOT 3A, 3AA,
and 3AL cylinders used as fire extinguishers to be retested at a 12-
year interval ``regardless of their lading'' instead of a 5-year
interval. In addition, they stated that because fire extinguishers
containing carbon dioxide or certain carbon dioxide mixtures may be
corrosive to cylinders, a 12-year retest is insufficient to detect
possible corrosion before an unsafe condition might occur.
It is not RSPA's intent for a cylinder containing a corrosive
extinguishing agent to be granted a 12-year periodic inspection and
retest, nor is it authorized in the final rule. Section 173.34(e)(19)
specifically states that ``[a] DOT specification cylinder used as a
fire extinguisher in compliance with Sec. 173.309 may be retested in
accordance with this paragraph (e)(19).'' Under Sec. 173.309, cylinders
used for fire extinguishers may only contain extinguishing agents that
are nonflammable, non-poisonous, non-corrosive and commercially free
from corroding components, and must be charged with nonflammable,
nonpoisonous, dry gas that has a dew-point at or below minus 46.7
deg.C (minus 52 deg.F) at 101 kPa (1 atmosphere) and is free of
corroding components.
RSPA stated in the preambles to the notice of proposed rulemaking
(60 FR 54008; October 18, 1995) and the final rule that any fire
extinguisher containing a fire extinguishing medium or propellant gas
not meeting the requirements in Sec. 173.309(b) (1) and (2) may not be
shipped under those provisions. Therefore, they do not qualify under
Sec. 173.34(e)(19) for the 12-year retest interval. For greater
emphasis, RSPA is adding Special provision 18, in column 7, for the
entry ``Fire extinguishers containing compressed or liquefied gas'' in
the Hazardous Materials Table. This special provision is added in
Sec. 172.102 and contains the lading restriction currently found in
Sec. 173.309(b). It further provides that any lading not conforming to
these requirements, including mixtures of 30% or more carbon dioxide by
volume, must be described by a proper shipping name other than ``Fire
extinguishers containing compressed or liquefied gas''. In
Sec. 173.309(b) paragraph (b) (1), (2), and (3) are removed, and the
introductory text is revised for consistency with this change.
Computing Wall Stress for Overfill Authorization
In the final rule, RSPA adopted an option in Note 3 of
Sec. 173.302(c)(3) to provide an alternative for the determination of
average wall stress limitation through the computation of the Elastic
Expansion Rejection limit (REE) by using CGA Pamphlet C-5. A petitioner
wrote RSPA in regard to a May 20, 1991, letter of interpretation from
the Office of Hazardous Materials Standards (RSPA) which stated, ``* *
* an elastic expansion rejection limit marked on a cylinder may be used
to comply with Sec. 173.302(c)(3).'' Upon further review, RSPA is
allowing the use of REE values computed in accordance with CGA Pamphlet
C-5 or marked on cylinders by the manufacturer. This change is
incorporated in Note 3.
Petition Denied
Request for Adoption of NPGA Safety Bulletin 118 as an Alternative
Standard for Visual Inspection
In the May 28 final rule, RSPA adopted and updated, as material
incorporated by reference, several Compressed Gas Association (CGA)
Pamphlets. Among these, CGA Pamphlet C-6, ``Standards for Visual
Inspections of Steel Compressed Gas Cylinders'', was updated from the
1984 to the 1993 edition.
The NPGA petitioned RSPA to reconsider the language in
Sec. 173.34(e) (3) and (10), requiring cylinders to be visually
inspected, internally and externally, in accordance with CGA Pamphlet
C-6. NPGA stated:
The present provisions of Sec. 173.34(e)(10) read as follows:
(10) Cylinders made in compliance with the specifications listed
in the table below and used exclusively in the service indicated
may, in lieu of the periodic hydrostatic retest, be given a complete
external visual inspection at the time such periodic retest becomes
due. External visual inspection as described in CGA Pamphlet C-6
will, in addition to the following requirements prescribed herein,
meet the requirements for visual inspection. When this inspection is
[[Page 51239]]
used in lieu of hydrostatic retesting, subsequent * * *
As proposed in the NPRM published in the October 18, 1995
Federal Register, on page 54016, Sec. 173.34(e)(13) would read:
(13) A cylinder made in conformance with a specification listed
in the table in this paragraph (e)(13) and used exclusively in the
service indicated may, instead of a periodic hydrostatic retest, be
given a complete external visual inspection at the time periodic
retest becomes due. External visual inspection in accordance with
CGA Pamphlets C-6 or C-6.1, as applicable, in addition to the other
requirements of this section, meets the requirement for visual
inspection. When this inspection is used instead of hydrostatic
testing, * * *
Both of these provisions carry the same feature--they recognize
CGA Pamphlet C-6 as one means of performing the subject external
visual inspection for requalification of certain cylinders in
specified services, while at the same time allowing for other means
of inspection that will accomplish an inspection of equal detail and
purpose.
However, in the final rule, Sec. 173.34(e)(13) was amended to
read:
(13) A cylinder made in conformance with a specification listed
in the table in this paragraph (e)(13) and used exclusively in the
service indicated may, instead of a periodic hydrostatic retest, be
given a complete external visual inspection at the time periodic
retest becomes due. External visual inspection must be in accordance
with CGA Pamphlets C-6 or C-6.1. When this inspection is used
instead of hydrostatic testing, * * *
As a consequence of this change, which was not published for
public review and comment in the Notice of Propose Rulemaking, CGA
C-6 is now the only recognized method for external visual inspection
of these cylinders for the purposes of requalification under the
provisions of the Hazardous Materials Regulations, precluding any
other valid, equally suitable procedure.
NPGA publishes a safety bulletin presenting an external visual
inspection procedure (Safety Bulletin 118 Recommended Procedures for
Visual Inspection and Requalification of DOT (ICC) Cylinders in LP-
Gas Service) [SB 118-91] for the precise purpose of providing a
valid means of compliance with the provisions of the present
Sec. 173.34(e)(10) regarding requalification of LP-gas cylinders for
continued service. * * *
NPGA strongly objects to the exclusion of SB-118-91 as a valid
means of compliance with the provisions of Sec. 173.34(e)(13) as
amended under HM-220A. Moreover, we object to a substantive
rulemaking change of this kind without the opportunity for public
review and comment.
We respectfully request your reconsideration of this amendment
and either (1) restoration of the relevant wording from the present
Sec. 173.34(e)(10) or from the Notice of Proposed Rulemaking or (2)
adoption of SB 118-91 by reference in Sec. 173.34(e)(13) as an
alternative procedure of equal stature to CGA Pamphlet C-6.
RSPA disagrees with NPGA's understanding of these requirements.
Neither language in Sec. 173.34(e)(10) of Title 49 CFR (parts 100 to
177, revised as of Oct. 1, 1995) or the language in Sec. 173.34(e)(13)
of the notice of proposed rulemaking (60 FR 54016, Oct 18, 1995)
provide for performing an external visual inspection in accordance with
other than the identified CGA pamphlets. RSPA editorially re-worded the
cumbersome text in the final rule for clarity only. No advance notice
of this editorial change was necessary because RSPA only clarified the
provision.
As a part of the review of the NPGA petition, RSPA reviewed NPGA
Safety Bulletin SB 118-91. RSPA found this bulletin not to be
equivalent to the CGA pamphlets in detail or scope, particularly for
the visual inspection of compressed gas cylinders. RSPA believes use of
the NPGA bulletin would not achieve the same level of safety as
provided in the CGA pamphlets. Therefore, both of the NPGA requests are
denied.
RSPA did make an editorial error, however, in the identification of
these CGA pamphlets in the final rule. In the final rule, section
173.34(e)(13) was revised to read, ``[e]xternal visual inspection must
be in accordance with CGA Pamphlets C-6 or C-6.1.'' See 61 FR 26762.
Both pamphlets contain procedures for performing visual inspections.
Pamphlet C-6 contains requirements for steel cylinders and C-6.1
contains requirements for high pressure aluminum cylinders. Pamphlet C-
6.3 contains requirements for the visual inspection of low pressure
aluminum cylinders. The table in paragraph (e)(13) does not list any
high pressure aluminum cylinders, but does list a DOT 4E which is a low
pressure aluminum cylinder. Therefore, paragraph (e)(13) is corrected
to reference CGA Pamphlets C-6 and C-6.3 in this final rule. For this
same reason, in Sec. 173.34(e)(10), the reference to CGA Pamphlet C-6.1
is corrected to read C-6.3. Finally, in Sec. 173.34(e)(19)(ii), the
parenthetical reference to Sec. 173.36 is corrected to read
Sec. 178.36.
Clarification
Must a Visual Examiner Who Does Not Hold a Registered Inspector Number
(RIN) Maintain a Copy of CGA Pamphlet C-6 on file?
Since the publication of the final rule, several propane cylinder
retailers who conduct only visual inspections of their cylinders have
inquired if they must have copies of CGA Pamphlets C-6 and C-6.3 on
file when they perform visual inspections. The answer is no, a person
who only performs visual inspections is not required to have a RIN or
maintain a copy of this pamphlet. However, the person must have been
trained and be able to perform the visual inspections in accordance
with the appropriate CGA Pamphlet either C-6 or C-6.3.
Although the HMR allow an external visual inspection without the
person having a copy of the CGA pamphlets on hand, RSPA discourages
this practice. RSPA recommends that a hazmat employer have a copy of
all training materials that each hazmat employee is expected to use in
the performance of his or her duties, including technical materials.
However, as adopted in Sec. 173.34(e)(2)(v)(C) of the May 28 final
rule, an approved retester with a RIN shall maintain, at each location
at which it inspects, retests or marks cylinders, copies of each CGA
pamphlet incorporated by reference in Sec. 171.7 that applies to the
retester's cylinder inspection, retesting and marking activities at
that location. Finally, the regulated community should be aware that
CGA has submitted a petition for rulemaking (P-1090) requesting that
any person who only performs visual inspections and marks the cylinder
with the inspection date must possess a current RIN. This issue will be
addressed in a future rulemaking.
Rulemaking Analyses and Notices
1. Executive Order 12866 and DOT Regulatory Policies and Procedures
This final rule is not considered a significant regulatory action
under section 3(f) of Executive Order 12866 and, therefore, was not
reviewed by the Office of Management and Budget. The rule is not
considered significant under the Regulatory Policies and Procedures of
the Department of Transportation (44 FR 11034). The economic impact of
this rule is minimal to the extent that preparation of a regulatory
evaluation is not warranted.
2. Executive Order 12612
This May 28, 1996 final rule, as amended herein, was analyzed in
accordance with the principles and criteria contained in Executive
Order 12612 (``Federalism''). Federal law expressly preempts State,
local, and Indian tribe requirements applicable to the transportation
of hazardous material that cover certain subjects and are not
``substantively the same'' as the Federal requirements. 49 U.S.C.
5125(b)(1). These covered subjects are:
(A) The designation, description, and classification of hazardous
material;
(B) The packing, repacking, handling, labeling, marking, and
placarding of hazardous material;
[[Page 51240]]
(C) The preparation, execution, and use of shipping documents
related to hazardous material and requirements respecting the number,
contents, and placement of those documents;
(D) The written notification, recording, and reporting of the
unintentional release in transportation of hazardous material; and
(E) The design, manufacturing, fabricating, marking, maintenance,
reconditioning, repairing, or testing of a packaging or a container
which is represented, marked, certified, or sold as qualified for use
in transporting hazardous material.
This final rule preempts State, local, or Indian tribe requirements
concerning these subjects unless the non-Federal requirements are
``substantively the same'' (see 49 CFR 107.202(d)) as the Federal
requirements. RSPA lacks discretion in this area, and preparation of a
federalism assessment is not warranted.
Federal law (49 U.S.C. 5125(b)(2)) provides that if DOT issues a
regulation concerning any of the covered subjects, DOT must determine
and publish in the Federal Register the effective date of Federal
preemption. The effective date may not be earlier than the 90th day
following the date of issuance of the final rule and not later than two
years after the date of issuance. RSPA determined that the effective
date of Federal preemption for these requirements in the June 5, 1996
final rule would be October 1, 1996. The effective date of Federal
preemption for the changes made in this final rule will be December 30,
1996.
3. Regulatory Flexibility Act
This final rule responds to petitions for reconsideration and
agency review. It is intended to make editorial and technical
corrections, provide clarification of the regulations and relax certain
requirements. Therefore, I certify that this final rule will not have a
significant economic impact on a substantial number of small entities.
4. Paperwork Reduction Act
There are no new information collection requirements in this final
rule. The May 28, 1996 final rule contains information collection
requirements, in Sec. 173.34 pertaining to the testing, inspection and
marking of cylinders, that were approved by the Office of Management
and Budget under OMB control number 2137-0022 and expires August 31,
1999.
5. Regulation Identifier Number
A regulation identifier number is assigned to each regulatory
action listed in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified Agenda in
April and October of each year. The regulation identifier number
contained in the heading of this document can be used to cross-
reference this action with the Unified Agenda.
List of Subjects
49 CFR Part 172
Hazardous materials transportation, Hazardous waste, Labeling,
Marking, Packaging and containers, Reporting and recordkeeping
requirements.
49 CFR Part 173
Hazardous materials transportation, Packaging and containers,
Radioactive materials, Reporting and recordkeeping requirements,
Uranium.
In consideration of the foregoing, 49 CFR parts 172 and 173 are
amended as follows:
PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND
TRAINING REQUIREMENTS
1. The authority citation for Part 172 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
Sec. 172.101 [Amended]
2. In the Hazardous Materials Table for the entry ``Fire
extinguishers containing compressed or liquefied gas'', in Column (7),
Special Provision ``18'' is added.
Sec. 172.102 [Amended]
3. In Sec. 172.102 (c)(1), Special Provision 18 is added to read as
follows:
Sec. 172.102 Special provisions.
* * * * *
(c) * * *
(1) * * *
18 This description is authorized only for fire extinguishers
listed in Sec. 173.309(b) of this subchapter meeting the following
conditions:
a. Each fire extinguisher may only have extinguishing contents
that are nonflammable, non-poisonous, non-corrosive and commercially
free from corroding components.
b. Each fire extinguisher must be charged with a nonflammable,
non- poisonous, dry gas that has a dew-point at or below minus 46.7
deg.C (minus 52 deg.F) at 101kPa (1 atmosphere) and is free of
corroding components, to not more than the service pressure of the
cylinder.
c. A fire extinguisher may not contain more than 30% carbon
dioxide by volume or any other corrosive extinguishing agent.
d. Each fire extinguisher must be protected externally by
suitable corrosion-resisting coating.
* * * * *
PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTSAND
PACKAGINGS
4. The authority citation for Part 173 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
Sec. 173.34 [Amended]
5. In Sec. 173.34(e), as revised at 61 FR 26758, effective October
1, 1996, the following changes are made:
a. In paragraphs (e)(10) and (e)(13), the wording ``CGA Pamphlets
C-6 or C-6.1'' is removed and ``CGA Pamphlets C-6 or C-6.3'' is added
in its place.
b. In paragraph (e)(19)(ii), ``Sec. 173.36'' is revised to read
``Sec. 178.36''.
6. In Sec. 173.34, as amended at 61 FR 26758, effective October 1,
1996, paragraph (e)(19) introductory text is revised to read as
follows:
Sec. 173.34 Qualification, maintenance and use of cylinders.
* * * * *
(e) * * *
(19) Cylinders used as fire extinguishers. Only DOT specification
cylinders used as fire extinguishers and meeting Special Provision 18
in Sec. 172.102(c)(1) of this subchapter may be retested in accordance
with this paragraph (e)(19).
* * * * *
7. In Sec. 173.302, in paragraph (c)(3), as amended at 61 FR 26764,
effective October 1, 1996, Note 3 following the table is revised to
read as follows:
Sec. 173.302 Charging of cylinders with nonliquefied compressed gases.
* * * * *
(c) * * *
(3) * * *
Note 3: Compliance with average wall stress limitation may be
determined through computation of the elastic expansion rejection
limit in accordance with CGA Pamphlet C-5 or through the use of the
manufacturer's marked elastic expansion rejection limit (REE) on the
cylinder.
* * * * *
8. In Sec. 173.309, as amended at 61 FR 26764, effective October 1,
1996, paragraph (b) is revised to read as follows:
Sec. 173.309 Fire extinguishers.
* * * * *
(b) Specification 3A, 3AA, 3E, 3AL, 4B, 4BA, 4B240ET or 4BW
(Secs. 178.36, 178.37, 178.42, 178.46, 178.50, 178.51, 178.55 and
178.61 of this subchapter)
[[Page 51241]]
cylinders are authorized for use as fire extinguishers.
Issued in Washington, DC on September 23, 1996, under authority
delegated in 49 CFR part 1.
Kelley S. Coyner,
Deputy Administrator.
[FR Doc. 96-24711 Filed 9-30-96; 8:45 am]
BILLING CODE 4910-60-P
Complete official Federal Register PDF
FR Doc. 96-24710 Hazardous Materials Regulations; Editorial Corrections and Clarifications
[Federal Register Volume 61, Number 191 (Tuesday, October 1, 1996)]
[Rules and Regulations]
[Pages 51334-51343]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24710]
[[Page 51333]]
_______________________________________________________________________
Part III
Department of Transportation
_______________________________________________________________________
Research and Special Programs Administration
_______________________________________________________________________
49 CFR Part 106, et al.
Hazardous Materials Regulations; Editorial Corrections and
Clarifications; Final Rule
Federal Register / Vol. 61, No. 191 / Tuesday, October 1, 1996 /
Rules and Regulations
[[Page 51334]]
DEPARTMENT OF TRANSPORTATION
Research and Special Programs Administration
49 CFR Parts 106, 107, 171, 172, 173, 174, 175, 176, 177, 178, 179,
180
[Docket HM-189M; Amdt. Nos. 106-13, 107-39, 171-148, 172-149, 173-256,
174-83, 175-84, 176-41, 177-88, 178-118, 179-53, 180-10]
RIN 2137-AC 93
Hazardous Materials Regulations; Editorial Corrections and
Clarifications
AGENCY: Research and Special Programs Administration (RSPA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule corrects editorial errors, makes minor
regulatory changes, and in response to requests for clarification,
improves the clarity of certain provisions to the Hazardous Materials
Regulations (HMR). The intended effect of this rule is to enhance the
accuracy and reduce misunderstandings of the HMR. The amendments
contained in this rule are minor editorial changes and do not impose
new requirements.
DATES: Effective date. The effective date is October 1, 1996.
Incorporation by reference date. The incorporation by reference of
the publication listed in these amendments has been approved by the
Director of the Federal Register to be effective on October 1, 1996.
FOR FURTHER INFORMATION CONTACT: Joan McIntyre, Office of Hazardous
Materials Standards, (202) 366-8553, Research and Special Programs
Administration, U.S. Department of Transportation, 400 Seventh Street,
SW., Washington, DC 20590-0001.
SUPPLEMENTARY INFORMATION:
Background
RSPA annually reviews the Hazardous Materials Regulations (HMR) to
identify errors which may be causing confusion to readers. Inaccuracies
corrected in this final rule include typographical errors, incorrect
references to other rules and regulations in the CFR, inconsistent use
of terminology, and misstatements of certain regulatory requirements.
In response to inquiries RSPA received concerning the clarity of
particular requirements specified in the HMR, certain other changes are
made to reduce uncertainties.
Because these amendments do not impose new requirements, notice and
public procedure are unnecessary. In addition, making these amendments
effective without the customary 30-day delay following publication will
allow the changes to appear in the next revision of 49 CFR.
The following is a section-by-section summary of the amendments
made under this final rule. It does not discuss editorial corrections
(e.g., typographical, capitalization and punctuation errors), changes
to legal citations and certain other minor adjustments to enhance the
clarity of the HMR.
Section-by-Section Review
Part 106
Several editorial changes are made to part 106. The words ``he'' or
``his'' have either been replaced or changed to ``he or she'' or ``his
or hers.'' Because the pipeline rulemaking procedures were incorporated
in 49 CFR Part 190, (see final rule entitled ``Pipeline Safety
Rulemaking Procedures,'' Docket RSP-2, published in the Federal
Register of September 27, 1996), reference to the pipeline safety
office is removed. Part 106 now applies primarily to the Hazardous
Materials Safety Program. The definition of ``Administrator'' is
changed to include his or her delegate. Some of these changes are
provisions that were recently amended under Docket RSP-1 (61 FR 30175,
June 14, 1996).
Part 107
Section 107.502
Paragraph (f), containing a grandfather provision that allows
persons to register as Design Certifying Engineers (DCEs) and
Registered Inspectors (RIs) before December 31, 1995, is removed. The
definitions for DCEs and RIs, in Sec. 171.8, are revised in this final
rule to recognize those persons eligible to register under the
grandfather provision.
Section 107.503
Paragraph (b) introductory text is revised to remove an inference
that an assembler must have an American Society of Mechanical Engineers
(ASME) Certificate of Authorization for use of the ``U'' stamp. In
addition, paragraph (b)(1), containing a provision that has expired,
and paragraph (b)(2), containing a reference to an assembler, are
removed. Current Sec. 107.502 prescribes that ``assembly'' must involve
no welding on the cargo tank wall.
Part 171
Section 171.4
Paragraph (d), containing a transitional provision that has
expired, is removed.
Section 171.7
In paragraph (a)(3), the table of material incorporated by
reference is revised to include the Truck Trailer Manufacturers
Association's publication, TTMA RP No. 61-94, ``Performance of Manhole
and/or Fill Opening Assemblies on MC 306 and DOT 406 Cargo Tanks'',
which is referenced in Sec. 180.405(g)(2)(i).
Section 171.8
Definitions for ``Design Certifying Engineer'' and ``Registered
Inspector'' are revised to recognize those persons eligible to register
by December 31, 1995, under an expired grandfather provision.
Part 172
RSPA is removing the Identification Number Cross Reference Index to
Proper Shipping Names following the part 172 table of headings. The
index is available as a separate handout from RSPA's Docket Unit, U.S.
Department of Transportation, Room 8421, Washington, DC 20590-0001,
telephone (202) 366-5046.
Section 172.101
The Hazardous Materials Table is amended as follows:
The entries ``Boron trichloride,'' ``Carbonyl sulfide,'' ``Chlorine
trifluoride,'' ``Ethylene oxide or Ethylene oxide with nitrogen up to a
total pressure of 1MPa (10 bar) at 50 degrees C.,'' ``Germane,''
``Hydrogen iodide, anhydrous,'' ``Methyl mercaptan,'' ``Nitric oxide,''
and ``Nitric oxide and dinitrogen tetroxide mixtures or Nitric oxide
and nitrogen dioxide mixtures,'' ``Perchloryl fluoride,'' ``Silicon
tetrafluoride,'' ``Trifluoroacetyl chloride,'' and
``Trifluorochloroethylene, inhibited, R1113'' are corrected by removing
Special Provision ``25'' in Column (7). Special Provision ``25'' was
removed in a rulemaking action under HM-215A (59 FR 67485), published
December 29, 1994, in a provision to delay more stringent packaging
requirements for certain poisonous gases.
The entry ``Thionyl chloride'' is corrected to remove Special
Provision ``T42'', which was removed in a rulemaking action under HM-
189L (60 FR 49110), published September 21, 1995. Through a printing
error, this entry was not removed from the CFR.
The entry ``Organochlorine pesticides, liquid, toxic, flammable,
flashpoint not less than 23 degrees C.'' is corrected by adding Packing
Group III which was inadvertently removed through a printing error.
[[Page 51335]]
Section 172.102
In paragraph (c)(1), Special Provision 115 is revised to update the
wording ``detonating primers'' for consistency with the Sec. 172.101
Hazardous Materials Table entries. In paragraph (c)(3), Special
Provisions B30 and B32 are amended by removing the acronym ``ASA.''
Part 173
Section 173.7
In paragraph (a), the first sentence is editorially revised to
clarify the packaging requirements for U.S. Government material.
Section 173.31
Paragraph (a)(6)(i) is removed because it is duplicative with
Sec. 173.31(c), which also authorizes the use of a tank car with a tank
test pressure higher than the regulatory minimum. Paragraphs (a)(6)
(ii) through (v), are redesignated (i) through (iv) respectively. In
addition, in newly redesignated paragraphs (a)(6) (i) through (iv), the
word ``specification'' is removed each place it appears for consistency
with changes made under other rulemakings to reference the tank car
``class'' in place of the ``specification''. Paragraph (b)(5) is
revised to clarify that the tank car must have bottom discontinuity
protection. In paragraph (c)(3), a reference to see
Sec. 173.31(e)(2)(ii) (see HM-175A/201, 61 FR 33255, June 26, 1996) for
compliance dates is added. In paragraph (d)(1)(vii), the wording
``frangible disc'' is revised to read ``rupture disc'' for consistency
with the wording used elsewhere in the HMR.
Section 173.224
Paragraphs (c)(1) and (c)(2) are revised to reflect the correct
reference, ``Sec. 173.124(a)(2)(iii).''
Section 173.225
Paragraph (e)(1) is amended by removing references to the
individual tank car specifications and adding references to the
authorized tank car classes. Also, it permits use of higher integrity
120A tank cars. These revisions are made for consistency with changes
made under other rulemakings.
Section 173.306
Paragraph (b)(3) is editorially revised to clarify that the
container may be filled with a solution that is a Division 6.1, PG III
material.
Section 173.315
In paragraphs (e) and (i)(3), a reference to paragraph ``(a)(1)''
is corrected to read ``(a).''
Part 174
Section 174.83
Paragraph (b) is revised to clarify that any Class DOT 113 tank
car, displaying a Division 2.1 material placard, even when empty, may
not be cut off while in motion. This revision is consistent with the
requirements that these tank cars may not be humped or cut off. See the
requirements for empty packagings in Sec. 173.29, design of tank cars
in Sec. 179.400-13, shipping papers in Sec. 172.203(g)(2), and tank car
markings in Sec. 179.400-25(d).
Section 174.85
In Sec. 174.85, in the paragraph (d) table, the restriction numbers
``3'', ``4'' and ``5'' are editorially revised for clarity. In
restriction ``5,'' the wording ``temperature control equipment'' is
removed to clarify that this restriction applies only to internal
combustion engines and open-flame devices (e.g., lighted heaters or
stoves) in operation.
Section 174.101
In paragraph (h), the terminology for detonating primers is
editorially revised.
Part 175
Section 175.320
In the paragraph (a) table, the terminology for detonating primers
is editorially revised.
Part 176
Section 176.194
In paragraphs (c) and (e), the terminology for detonating primers
is editorially revised.
Section 176.340
Several editorial revisions are made to this section to remove
obsolete section references.
Part 177
Section 177.835
In paragraph (g) introductory text for Class 1 (explosive)
materials, the terminology for detonating primers is editorially
revised.
Part 178
Section 178.320
The definition for ``Manufacturer'' is revised to clarify that this
term does not include persons (assemblers) who attach a cargo tank to a
motor vehicle, or to a motor vehicle component if it involves no
welding on the cargo tank wall.
Section 178.345-2
In paragraph (a)(1), for cargo tanks constructed in accordance with
the ASME Code, ``ASTM A 622'' steel is added as an authorized material
of construction for heads. This steel has been used successfully under
DOT exemption E-11499 for manufacture of cargo tank heads. It has
excellent ductile properties and strength and providing for its use
under provisions of general applicability offers minor savings to
industry.
Section 178.345-7
In paragraph (d)(2), the table column heading ``W \1\'', the
variable ``W'' in the second line, third column and the variable ``W''
following the table are redesignated as ``J \1\'', ``J'' and ``J \1\'',
respectively. These changes eliminate confusion caused by having two
``W'' variables with different meanings within the same section. The
variable ``W'' in paragraph (d)(1) is not changed.
Part 179
Section 179.103-5
The first two sentences in paragraph (a)(1) are removed. They were
removed under HM-175A/201 (60 FR 49077, Sept. 21, 1995), but not
removed in the 49 CFR printing.
Section 179.300-7
The first sentence in paragraph (a) is amended by removing the
phrase ``having heads fusion welded to the tank shell'' for consistency
with changes adopted under HM-216 (61 FR 28682, June 5, 1996; 61 FR
50255, Sept. 25, 1996).
Part 178 and Part 180 Miscellaneous Changes
The words ``cargo tank,'' ``cargo tank motor vehicle,'' and
``tank'' ; ``pressure test'' and ``pressure retest''; ``leak test'' and
``leakage test'' are corrected to ensure the accuracy of their use
throughout the HMR.
Rulemaking Analyses and Notices
Executive Order 12866 and DOT Regulatory Policies and Procedures
This final rule is not considered a significant regulatory action
under section 3(f) of Executive Order 12866 and, therefore, was not
subject to review by the Office of Management and Budget. This rule is
not significant according to the Regulatory Policies and Procedures of
the Department of Transportation (44 FR 11034). Because of the minimal
economic impact of this rule, preparation of a regulatory impact
analysis or a regulatory evaluation is not warranted.
[[Page 51336]]
Executive Order 12612
This final rule has been analyzed in accordance with the principles
and criteria in Executive Order 12612 (``Federalism'') and does not
have sufficient federalism impacts to warrant the preparation of a
federalism assessment.
Regulatory Flexibility Act
I certify that this final rule will not have a significant economic
impact on a substantial number of small entities. This rule makes minor
editorial changes which will not impose any new requirements on persons
subject to the HMR; thus, there are no direct or indirect adverse
economic impacts for small units of government, businesses or other
organizations.
Paperwork Reduction Act
There are no new information collection requirements in this final
rule.
List of Subjects
49 CFR Part 106
Administrative practice and procedure, Hazardous materials
transportation, Oil.
49 CFR Part 107
Administrative practice and procedure, Hazardous materials
transportation, Packaging and containers, Penalties, Reporting and
recordkeeping requirements.
49 CFR Part 171
Exports, Hazardous materials transportation, Hazardous waste,
Incorporation by reference, Imports, Reporting and recordkeeping
requirements.
49 CFR Part 172
Hazardous materials transportation, Hazardous waste, Labeling,
Markings, Packaging and containers, Reporting and recordkeeping
requirements.
49 CFR Part 173
Hazardous materials transportation, Packaging and containers,
Radioactive materials, Reporting and recordkeeping requirements,
Uranium.
49 CFR Part 174
Hazardous materials transportation, Radioactive materials, Railroad
safety.
49 CFR Part 175
Air carriers, Hazardous materials transportation, Radioactive
materials, Reporting and recordkeeping requirements.
49 CFR Part 176
Hazardous materials transportation, Maritime carriers, Radioactive
materials, Reporting and recordkeeping requirements.
49 CFR Part 177
Hazardous materials transportation, Motor carriers, Radioactive
materials, Reporting and recordkeeping requirements.
49 CFR Part 178
Hazardous materials transportation, Motor vehicle safety, Packaging
and containers, Reporting and recordkeeping requirements.
49 CFR Part 179
Hazardous materials transportation, Railroad safety, Reporting and
recordkeeping requirements.
49 CFR Part 180
Hazardous materials transportation, Motor carriers, Motor vehicle
safety, Packaging and containers, Reporting and recordkeeping
requirements.
In consideration of the foregoing, 49 CFR Chapter I is amended as
follows:
PART 106--RULEMAKING PROCEDURES
1. The authority citation for part 106 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127, 49 CFR 1.53.
Sec. 106.1 [Amended]
2. In Sec. 106.1, the wording ``Hazardous Materials Safety
Program'' is added immediately before ``regulations of the Research and
Special Programs Administration of the Department of Transportation''.
3. Section 106.3 is revised to read as follows:
Sec. 106.3 Delegations.
For the purposes of this part, ``Administrator'' means the
Administrator, Research and Special Programs Administration, or his or
her delegate.
4. Section 106.13 is revised to read as follows:
Sec. 106.13 Initiation of rulemaking.
The Administrator initiates rulemaking on his or her own motion;
however, in so doing, the Administrator may use discretion to consider
the recommendations of other agencies of the United States or of other
interested persons, including those of any technical advisory body
established by statute for that purpose.
Sec. 106.17 [Amended]
5. In Sec. 106.17, in paragraph (b), the wording ``In his
discretion, the Administrator'' is removed and ``The Administrator'' is
added in its place.
6. Section 106.21 is revised to read as follows:
Sec. 106.21 Contents of written comments.
All written comments must be in English. It is requested, but not
required, that five copies be submitted. Any interested person should
submit as part of written comments all material considered relevant to
any statement of fact. Incorporation of material by reference should be
avoided; however, where necessary, such incorporated material shall be
identified by document title and page.
Sec. 106.25 [Amended]
7. In Sec. 106.25, the following changes are made:
a. In the first sentence, the word ``he'' is removed and ``the
Administrator'' is added in its place.
b. In the second sentence, the word ``his'' is removed and ``the
Administrator's'' is added in its place.
Sec. 106.27 [Amended]
8. In Sec. 106.27, in paragraph (c), in the second sentence, the
word ``his'' is removed and ``his or her'' is added in its place.
Sec. 106.29 [Amended]
9. In Sec. 106.29, the following changes are made:
a. In the first sentence, the wording ``the office concerned'' is
removed and ``the Office of Hazardous Materials Safety'' is added in
its place.
b. In the second sentence, the word ``his'' is removed.
Sec. 106.31 [Amended]
10. In Sec. 106.31, paragraphs (a), (c) introductory text and (d)
are amended by adding the wording ``for Hazardous Materials Safety''
immediately following ``Associate Administrator''.
11. In Sec. 106.33, paragraphs (b), (c), and (d) are revised to
read as follows:
Sec. 106.33 Processing of petition.
* * * * *
(b) Grants. If the Associate Administrator or the Chief Counsel
determines that the petition contains adequate justification, he or she
initiates rulemaking action under this subpart.
(c) Denials. If the Associate Administrator or the Chief Counsel
determines that the petition does not justify rulemaking, the petition
is denied.
(d) Notification. The Associate Administrator or the Chief Counsel
will
[[Page 51337]]
notify a petitioner, in writing, of the decision to grant or deny a
petition for rulemaking.
Sec. 106.35 [Amended]
12. In Sec. 106.35, in paragraph (b), the word ``he'' is removed
and ``the petitioner'' is added in its place.
13. In Sec. 106.37, paragraph (a) is revised to read as follows:
Sec. 106.37 Proceedings on petitions for reconsideration.
(a) The Associate Administrator or the Chief Counsel may grant or
deny, in whole or in part, any petition for reconsideration without
further proceedings, except where a grant of the petition would result
in issuance of a new final rule. In the event that the Associate
Administrator or the Chief Counsel determines to reconsider any
regulation, a final decision on reconsideration may be issued without
further proceedings, or an opportunity to submit comment or information
and data as deemed appropriate may be provided. Whenever the Associate
Administrator or the Chief Counsel determines that a petition should be
granted or denied, the Office of the Chief Counsel prepares a notice of
the grant or denial of a petition for reconsideration, for issuance to
the petitioner, and the Associate Administrator or the Chief Counsel
issues it to the petitioner. The Associate Administrator or the Chief
Counsel may consolidate petitions relating to the same rules.
* * * * *
PART 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES
14. The authority citation for part 107 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127, 44701, 49 CFR 1.45, 1.53.
Sec. 107.202 [Amended]
15. In Sec. 107.202, in paragraph (d), the word ``Editiorial'' is
removed and`` Editorial'' is added in its place.
Sec. 107.502 [Amended]
16. In Sec. 107.502, paragraph (f) is removed.
Sec. 107.503 [Amended]
17. In Sec. 107.503, the following changes are made:
a. In paragraph (b) introductory text, the wording ``who
manufactures or assembles a cargo tank'' is removed and ``who
manufactures a cargo tank'' is added in its place.
b. Paragraphs (b)(1) and (b)(2) are removed.
Sec. 107.601 [Amended]
18. In Sec. 107.601, in paragraph (c), the wording ``that meets a
criteria for'' is removed and ``that meets the criteria for'' is added
in its place.
PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS
19. The authority citation for part 171 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
Sec. 171.4 [Amended]
20. In Sec. 171.4, paragraph (d) is removed.
21. In the Sec. 171.7(a)(3) Table, under Truck Trailer
Manufacturers Association, a new entry is added in alphanumerical order
to read as follows:
Sec. 171.7 Reference material.
(a) * * *
(3) Table of material incorporated by reference. * * *
------------------------------------------------------------------------
49 CFR
Source and name of material reference
------------------------------------------------------------------------
* * * * *
Truck Trailer Manufacturers Association
* * * * *
TTMA RP No. 61-94, Performance of Manhole and/or Fill
Opening Assemblies on MC 306 and DOT 406 Cargo Tanks,
December 28, 1994 Edition................................. 180.405
* * * * *
------------------------------------------------------------------------
22. In Sec. 171.8, the following definitions are revised to read as
follows:
Sec. 171.8 Definitions and abbreviations.
* * * * *
Design Certifying Engineer means a person registered with the
Department in accordance with subpart F of part 107 of this chapter who
has the knowledge and ability to perform stress analysis of pressure
vessels and to otherwise determine whether a cargo tank design and
construction meets the applicable DOT specification. In addition,
Design Certifying Engineer means a person who meets, at a minimum, any
one of the following:
(1) Has an engineering degree and one year of work experience in
cargo tank structural or mechanical design.
(2) Is currently registered as a professional engineer by the
appropriate authority of a State of the United States or a Province of
Canada.
(3) Has at least three years experience in performing the duties of
a Design Certifying Engineer by September 1, 1991, and was registered
with the Department by December 31, 1995.
* * * * *
Registered Inspector means a person registered with the Department
in accordance with subpart F of part 107 of this chapter who has the
knowledge and ability to determine whether a cargo tank conforms with
the applicable DOT specification. In addition, Registered Inspector
means a person who meets, at a minimum, any one of the following:
(1) Has an engineering degree and one year of work experience.
(2) Has an associate degree in engineering and two years of work
experience.
(3) Has a high school diploma or General Equivalency Diploma) and
three years of work experience.
(4) Has at least three years experience in performing the duties of
a Registered Inspector by September 1, 1991, and was registered with
the Department by December 31, 1995.
* * * * *
PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND
TRAINING REQUIREMENTS
23. The authority citation for part 172 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
24. In Sec. 172.101, the Hazardous Materials Table is amended by
adding the following entry, in appropriate alphabetical order, to read
as follows:
Sec. 172.101 Purpose and use of hazardous materials table.
* * * * *
[[Page 51338]]
Sec. 172.101 Hazardous Materials Table
(8) Packaging (Sec. (9) Quantity (10) Vessel
Hazardous 173.***) limitations stowage
Sym- materials Hazard Identification Label Special ---------------------------------------------------------------------
bols descriptions and class or numbers PG codes provisions Passenger Cargo
proper shipping division Exceptions Non- Bulk aircraft/ aircraft Location Other
names bulk rail only
(1) (2).............. (3) (4) (5) (6) (7) (8A) (8B) (8C) (9A) (9B) (10A) (10B)
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Organochlorine 6.1 UN2995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
pesticides,
liquid, toxic,
flammable,
flashpoint not
less than 23
degrees C.
[ADD]
................. ......... ................ III 6.1 B1, T14 153 203 242 60 L 220 L A 40
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sec. 172.101 [Amended]
25. In addition, in Sec. 172.101, the following changes are made to
the Hazardous Materials Table:
a. In column (7), the reference ``25,'' is removed for the entries
``Boron trichloride'', ``Carbonyl sulfide'', ``Chlorine trifluoride'',
``Hydrogen iodide, anhydrous'', ``Methyl mercaptan'', ``Nitric oxide'',
and ``Nitric oxide and dinitrogen tetroxide mixtures or Nitric oxide
and nitrogen dioxide mixtures'', ``Perchloryl fluoride'',
``Trifluoroacetyl chloride'', and ``Trifluorochloroethylene, inhibited,
R1113''.
b. In column (7), the reference ``25'' is removed for the entries
``Ethylene oxide or Ethylene oxide with nitrogen up to a total pressure
of 1MPa (10 bar) at 50 degrees C.'', ``Germane'', and ``Silicon
tetrafluoride''.
c. In column (7), the reference ``T42,'' is removed for the entry
``Thionyl chloride''.
Sec. 172.102 [Amended]
26. In Sec. 172.102, the followings changes are made:
a. In paragraph (c)(1), for Special Provision 115, the wording
``detonator (detonating primers)'' is removed and ``detonator,
detonator assemblies and boosters with detonators '' is added in its
place.
b. In paragraph (c)(3), for Special Provisions B30 and B32, in
paragraph d., the acronym ``ASA'' is removed.
PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND
PACKAGINGS
27. The authority citation for part 173 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
28. In Sec. 173.7, in paragraph (a) introductory text, the first
sentence is revised to read as follows:
Sec. 173.7 U.S. Government material.
(a) Hazardous materials offered for transportation by, for, or to
the Department of Defense (DOD) of the U.S. Government, including
commercial shipments pursuant to a DOD contract, must be packaged in
accordance with the regulations in this subchapter or in packagings of
equal or greater strength and efficiency as certified by DOD in
accordance with the procedures prescribed by ``Performance Oriented
Packaging of Hazardous Material, DLAR 4145.41/AR 700-143/AFR 71-5/
NAVSUPINST 4030.55/MCO 4030.40.'' * * *
* * * * *
Sec. 173.31 [Amended]
29. In Sec. 173.31, the following changes are made:
a. Paragraph (a)(6)(i) is removed.
b. Paragraph (a)(6) (ii), (iii), (iv) and (v) are redesignated as
paragraphs (a)(6) (i), (ii), (iii) and (iv), respectively.
c. In newly redesignated paragraphs (a)(6)(i) through (a)(6)(iv),
the word ``specification'' is removed each place it appears.
d. In paragraph (b)(5), in the first sentence, the wording ``tank
car unless'' is removed and ``tank car with bottom discontinuity
protection unless'' is added in its place.
e. In paragraph (c)(3), the wording ``(see Sec. 173.31(e)(2)(ii)
for compliance dates)'' is added after the word ``inhalation''.
f. In paragraph (d)(1)(vii), the wording ``frangible disc'' is
removed and ``rupture disc'' is added in its place.
Sec. 173.189 [Amended]
30. In Sec. 173.189, in paragraph (b), in the last sentence, the
specification ``4C,'' is removed and ``4C1, 4C2,'' is added in its
place.
Sec. 173.224 [Amended]
31. In Sec. 173.224, in paragraphs (c)(1) and (c)(2), the reference
``Sec. 173.124(a)(2)(vii)'' is removed and ``Sec. 173.124(a)(2)(iii)''
is added each place it appears.
Sec. 173.225 [Amended]
32. In Sec. 173.225, in paragraph (e)(1), in the first sentence,
the wording ``DOT 103W, 103AW, 111A60F1, 111A60W1, 111A100F2, and
111A100W2 tank car tanks'' is removed and ``Class DOT 103, 104, 105,
109, 111, 112, 114, 115, or 120 fusion-weld tank car tank'' is added in
its place.
Sec. 173.300a [Amended]
33. In Sec. 173.300a, in paragraph (c), the word ``Director'' is
removed and ``Associate Administrator or his or her representative'' is
added in its place.
34. In Sec. 173.306, in paragraph (b)(3), the first sentence is
revised to read as follows:
Sec. 173.306 Limited quantities of compressed gases.
* * * * *
(b) * * *
(3) Nonrefillable metal containers charged with a Division 6.1
Packing Group III or nonflammable solution containing biological
products or a medical preparation which could be
[[Page 51339]]
deteriorated by heat, and compressed gas or gases. * * *
* * * * *
Sec. 173.315 [Amended]
35. In Sec. 173.315, in paragraphs (e) and (i)(3), the reference
``(a)(1)'' is removed and ``(a)'' is added in its place.
PART 174--CARRIAGE BY RAIL
36. The authority citation for part 174 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
Sec. 174.81 [Amended]
37. In Sec. 174.81, in paragraph (g) introductory text, the wording
``for Class I'' is removed and ``for Class 1'' is added in its place.
Sec. 174.83 [Amended]
38. In Sec. 174.83, in paragraph (b) introductory text, the wording
``or any Class DOT-113 tank car placarded for a Division 2.1 flammable
gas may not be:'' is removed and ``or a Class DOT 113 tank car
displaying a Division 2.1 (flammable gas) placard, including a Class
DOT 113 tank car containing only a residue of a Division 2.1 material,
may not be:'' is added in its place.
Sec. 174.85 [Amended]
39. In Sec. 174.85, in the paragraph (d) table, the following
changes are made:
a. In the first column, the text of restriction number ``3'' is
revised to read as follows: ``A placarded car may not be placed next to
an open-top car when any of the lading in the open top car protrudes
beyond the car ends, or if the lading shifted, would protrude beyond
the car ends.''.
b. In the first column, the first sentence of restriction number
``4'' is revised to read as follows: ``A placarded car may not be
placed next to a loaded flat car, except closed TOFC/COFC equipment,
auto carriers, and other specially equipped cars with tie-down devices
for securing vehicles.''.
c. In the first column, the text of restriction number ``5'' is
revised to read as follows: ``A placarded car may not be placed next to
any transport vehicle or freight container having an internal
combustion engine or an open-flame device in operation.''.
Sec. 174.101 [Amended]
40. In Sec. 174.101, the following changes are made:
a. In paragraph (h), in the first sentence, the wording
``detonators or detonating primers'' is removed and ``detonators,
detonator assemblies, or boosters with detonators'' is added in its
place.
b. In paragraph (o) introductory text, in the first sentence, the
wording ``on a flatcar car'' is removed and ``on a flatcar'' is added
in its place.
Sec. 174.112 [Amended]
41. In Sec. 174.112, in paragraph (b), in the second sentence, the
reference ``Sec. 174.104(c)-(f)'' is removed and ``Sec. 174.104 (c)
through (f)'' is added in its place.
PART 175--CARRIAGE BY AIRCRAFT
42. The authority citation for part 175 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
Sec. 175.320 [Amended]
43. In Sec. 175.320, in the paragraph (a) table, in the first
column, for the first two entries, the wording ``Detonators and
detonating primers'' is removed and ``Detonators, detonator assemblies
and boosters with detonators'' is added each place it appears.
PART 176--CARRIAGE BY VESSEL
44. The authority citation for part 176 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
Sec. 176.194 [Amended]
45. In Sec. 176.194, the following changes are made:
a. In paragraph (c), in the last sentence, the wording
``Detonators, Division 1.1 (Class A explosive), and detonating primers,
Division 1.1 (Class A explosive)'' is removed and ``Detonators,
detonator assemblies and boosters with detonators, Division 1.1 (Class
A explosive)'' is added in its place.
b. In paragraph (e), in the last sentence, the wording ``Detonators
and detonating primers'' is removed and ``Detonators, detonator
assemblies and boosters with detonators'' is added in its place.
Sec. 176.340 [Amended]
46. In Sec. 176.340, the following changes are made:
a. In paragraph (b)(1), the wording ``Secs. 178.251 and 178.253 of
this subchapter,'' is removed and ``a DOT specification 57 portable
tank,'' is added in its place.
b. In paragraph (b)(3), the wording ``in Sec. 178.253-5 of this
subchapter'' is removed.
c. In paragraph (b)(4), the wording ``Table III in Sec. 178.341-4''
is removed and ``Table I in Sec. 178.345-10'' is added in its place.
d. In paragraph (b)(5), the wording ``marking required by
Sec. 178.251-7 of this subchapter,'' is removed and ``marking,'' is
added in its place.
PART 177--CARRIAGE BY PUBLIC HIGHWAY
47. The authority citation for part 177 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
48. In Sec. 177.835, paragraph (g) introductory text is revised to
read as follows:
Sec. 177.835 Class 1 (explosive) materials.
* * * * *
(g) No detonator assembly or booster with detonator may be
transported on the same motor vehicle with any Division 1.1, 1.2 or 1.3
(Class A or Class B explosive) material (except other detonator
assemblies, boosters with detonators or detonators), explosives for
blasting or detonating cord Division 1.4 (Class C explosive) material.
No detonator may be transported on the same motor vehicle with any
Division 1.1, 1.2 or 1.3 (Class A or Class B explosive) material
(except other detonators, detonator assemblies or boosters with
detonators), explosives for blasting or detonating cord, Division 1.4
(Class C explosive) material unless--
* * * * *
PART 178--SPECIFICATIONS FOR PACKAGINGS
49. The authority citation for part 178 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
50. In Sec. 178.320, in paragraph (a), the definition for
``Manufacturer'' is revised to read as follows:
Sec. 178.320 General requirements applicable to all DOT specification
cargo tank motor vehicles.
(a) * * *
Manufacturer means any person engaged in the manufacture of a DOT
specification cargo tank, cargo tank motor vehicle or cargo tank
equipment which forms part of the cargo tank wall. This term includes
attaching a cargo tank to a motor vehicle or to a motor vehicle
suspension component which involves welding on the cargo tank wall. A
manufactuer shall register with the Department in accordance with
subpart F of part 107 in subchapter A of this chapter.
* * * * *
Sec. 178.337-1 [Amended]
51. In Sec. 178.337-1, the following changes are made:
[[Page 51340]]
a. In paragraphs (b), (c)(1), (c)(2) introductory text, (c)(2)(i),
(c)(2)(ii), (d), (e)(1), (e)(2) and (f), the word ``tank'' is removed
and ``cargo tank'' is added each place it appears.
b. In paragraph (e)(2), the word ``tanks'' is removed and ``cargo
tanks'' is added in its place.
c. In paragraph (f), in the first sentence, the word ``accord-
ance'' is removed and ``accordance'' is added in its place.
Sec. 178.337-2 [Amended]
52. In Sec. 178.337-2, the following changes are made:
a. In paragraph (a)(1), the word ``tank'' is removed and ``cargo
tank'' is added in its place.
b. In paragraph (a)(2), in the first sentence, the wording ``on
steel used in fabrication on each tank'' is removed and ``on steel used
in the fabrication of each cargo tank'' is added in its place.
c. In paragraphs (a)(3), (a)(4), (b)(1) introductory text, (b)(2)
introductory text and the last sentence in paragraph (c), the word
``tank'' is removed and ``cargo tank'' is added each place it appears.
d. In paragraph (b) heading, the wording ``a chlorine tank'' is
removed and ``a chlorine cargo tank'' is added in its place.
Sec. 178.337-3 [Amended]
53. In Sec. 178.337-3, the following changes are made:
a. In paragraph (b), in the second sentence, the wording ``by the
tank wall'' is removed and ``by the cargo tank wall'' is added in its
place.
b. In paragraphs (c)(1)(iii) (A), (B) introductory text and (C);
(c)(1)(iv) (A), (B) and (C); (c)(2)(iii) (A), (B) introductory text and
(C); and (c)(2)(iv) (A), (B) and (C), the wording ``loaded cargo tank''
is removed and ``loaded cargo tank motor vehicle'' is added each place
it appears.
c. In paragraph (e), the word ``tanks'' is removed and ``cargo
tanks'' is added each place it appears.
d. In paragraphs (f) and (g) introductory text, the word ``tank''
is removed and ``cargo tank'' is added each place it appears.
e. In paragraph (g)(1), in the second sentence, the wording
``integrity of the tank'' is removed and ``integrity of the cargo
tank'' is added in its place.
Secs. 178.337-4, 178.337-6, 178.337-8 [Amended]
54. In Sec. 178.337-4 (b) and (c), in Sec. 178.337-6(b) and in
Sec. 178-337-8(a)(1), the word ``tank'' is removed and ``cargo tank''
is added each place it appears.
Sec. 178.337-9 [Amended]
55. In Sec. 178.337-9, the following changes are made:
a. In paragraph (a)(2), the word ``tanks'' is removed and ``cargo
tanks'' is added in its place.
b. In paragraphs (a)(3), (b)(1) and (c), the word ``tank'' is
removed and ``cargo tank'' is added each place it appears.
c. In paragraph (b)(6), in the third sentence, the wording
``installation on the tank'' is removed and ``installation on the cargo
tank'' is added in its place.
d. In paragraph (d)(1), in the second sentence, the wording ``at
least tank test pressure'' is removed and ``at least the cargo tank
test pressure'' is added in its place.
e. In paragraph (d)(1), in the third and fourth sentences, the word
``tank'' is removed and ``cargo tank'' is added each place it appears.
f. In paragraph (d)(1), in the fourth sentence, the punctuation
``.'' is added after the word leakage and preceding the word ``The''.
Sec. 178.337-11 [Amended]
56. In Sec. 178.337-11, the following changes are made:
a. In pararaphs (a)(1) (ii), (iii), (iv) and (v); (a)(2) (i) and
(ii); (b); and (c)(3), the word ``tank'' is removed and ``cargo tank''
is added each place it appears.
b. In paragraph (c)(1), the wording ``self-closing'' is removed the
first time it appears.
Sec. 178.337-13 [Amended]
57. In Sec. 178.337-13, the following changes are made:
a. In paragraph (a), in the first sentence, the wording ``tank
down'' is removed and ``cargo tank down'' is added in its place; in the
second sentence, the wording `` tank and the vehicle chassis'' is
removed and ``cargo tank and the vehicle chassis'' is added in its
place.
b. In paragraph (b), in the first sentence, the wording ``tank
motor vehicle'' is removed and ``cargo tank motor vehicle'' is added in
its place.
c. In paragraph (b), in the first sentence, the wording ``tank
supported'' is removed and ``cargo tank supported'' is added in its
place.
d. In paragraph (b), in the fourth sentence, the wording ``loaded
vehicle'' is removed and ``loaded cargo tank motor vehicle'' is added
in its place.
e. In paragraphs (c) and (d), the word ``tank'' is removed and
``cargo tank'' is added each place it appears.
Sec. 178.337-14 [Amended]
58. In Sec. 178.337-14, in paragraph (b)(2), in the second
sentence, the word ``tank'' is removed and ``cargo tank'' is added in
its place.
Sec. 178.337-15 [Amended]
59. In Sec. 178.337-15, in paragraph (a), in the third sentence,
the word ``tank'' is removed and ``cargo tank'' is added in its place.
Sec. 178.337-16 [Amended]
60. In Sec. 178.337-16, the following changes are made:
a. In paragraphs (a) and (b)(1), the word ``tank'' is removed and
``cargo tank'' is added each place it appears.
b. In paragraphs (a), (b)(2) and (c), the word ``tanks'' is removed
and ``cargo tanks'' is added each place it appears.
Sec. 178.337-17 [Amended]
61. In Sec. 178.337-17, in paragraph (a), the following changes are
made:
a. The word ``tank'' is removed and ``cargo tank'' is added each
place it appears.
b. In the third sentence, the wording ``multitank vehicles plates''
is removed and ``multi-cargo tank motor vehicle plates'' is added in
its place.
Sec. 178.337-18 [Amended]
62. In Sec. 178.337-18, the following changes are made:
a. In paragraph (a) introductory text, in the first sentence, the
wording ``cargo tank manufacturer'' is removed and ``cargo tank motor
vehicle manufacturer'' is added in its place.
b. In paragraph (a) introductory text, in the first sentence, the
wording ``tank manufacturer's'' is removed and ``cargo tank motor
vehicle manufacturer's'' is added in its place.
c. In paragraph (a)(3), in the third sentence, the word ``tank'' is
removed and ``cargo tank'' is added in its place.
d. In paragraph (b), the word ``tank'' is removed and ``cargo tank
motor vehicle'' is added each place it appears.
Sec. 178.338-9 [Amended]
63. In Sec. 178.338-9, in paragraph (c)(1), in the fourth sentence,
the reference ``Sec. 173.33(d)(1)(ii)'' is removed and
``Sec. 173.318(g)(3)'' is added in its place.
Sec. 178.345-1 [Amended]
64. In Sec. 178.345-1, in paragraph (c), the following changes are
made:
a. For the following definitions, the word ``tank'' is removed and
``cargo tank'' is added each place it appears: ``External self-closing
stop-valve'', ``Inspection pressure'', ``Internal self-closing stop-
valve'', ``Loading/unloading outlet'', ``Loading/unloading stop-
valve'', ``Outlet'', ``Outlet stop-valve'', ``Sacrificial Device'',
``Shell'', ``Sump'', and ``Vacuum tank''.
b. For the following definitions, the wording ``cargo tank'' is
removed and ``cargo tank motor vehicle'' is added each place it
appears: ``Extreme
[[Page 51341]]
dynamic loading'' and ``Normal operating loading''.
Sec. 178.345-2 [Amended]
65. In Sec. 178.345-2, the following changes are made:
a. In paragraph (a)(1), the wording ``ASTM A 622'' is added in
alphanumerical order.
b. In paragraph (c)(1), the word ``tank'' is removed and ``cargo
tank'' is added in its place.
c. In paragraph (c)(2), the wording ``tank wall'' is removed and
``cargo tank wall'' is added in its place.
Sec. 178.345-3 [Amended]
66. In Sec. 178.345-3, the following changes are made:
a. In paragraphs (a)(1) and (c)(1) introductory text, the word
``tank'' is removed and ``cargo tank'' is added each place it appears.
a-1. In paragraph (b) introductory text, in the second sentence,
the wording ``tank design'' is removed and ``cargo tank design'' is
added in its place.
b. In paragraphs (c)(1)(iii) (A), (B) introductory text and (C),
and (c)(1)(iv) (A), (B) and (C), the wording ``fully loaded cargo
tank'' is removed and ``fully loaded cargo tank motor vehicle'' is
added each place it appears.
c. In paragraph (c)(2) introductory text, the word ``tank'' is
removed and ``cargo tank'' is added in its place.
d. In paragraphs (c)(2)(iii) (A), (B) introductory text, (C) and
(c)(2)(iv) (A), (B) and (C), the wording ``fully loaded cargo tank'' is
removed and ``fully loaded cargo tank motor vehicle'' is added each
place it appears.
e. In paragraph (f)(2), in the last sentence, the wording ``tank
shell'' is revised to read ``cargo tank shell''.
Sec. 178.345-4 [Amended]
67. In Sec. 178.345-4, in paragraph (a), the wording ``tank shell''
is removed and ``the cargo tank shell'' is added in its place.
Sec. 178.345-6 [Amended]
68. In Sec. 178.345-6, the following changes are made:
a. In paragraph (a), in the first sentence, the word ``vehicle'' is
removed and ``cargo tank motor vehicle'' is added in its place.
b. In paragraph (a), in the first sentence, the wording ``tank must
have the tank secured by restraining devices to eliminate any motion
between the tank and frame that may abrade the tank shell'' is removed
and ``cargo tank must have the tank secured by restraining devices to
eliminate any motion between the tank and frame that may abrade the
tank shell'' is added in its place.
c. In paragraph (b), in the first sentence, the wording ``in the
tank'' is removed and ``in the cargo tank'' is added in its place.
69. In Sec. 178.345-7, the table in paragraph (d)(2) is revised to
read as follows:
Sec. 178.345-7 Circumferential reinforcements.
* * * * *
(d) * * *
(2) * * *
------------------------------------------------------------------------
Number of circumferential ring
stiffener-to-shell welds J \1\ Shell section
------------------------------------------------------------------------
1................................ .................... 20t
2................................ Less than 20t....... 20t+J
2................................ 20t or more......... 40t
------------------------------------------------------------------------
\1\ where:
t=Shell thickness, inches;
J=Longitudinal distance between parallel circumferential ring stiffener-
to-shell welds.
* * * * *
Sec. 178.345-7 [Amended]
70. In addition, in Sec. 178.345-7, the following changes are made:
a. In paragraphs (a) introductory text, (c) and (d)(2), the word
``tank'' is removed and ``cargo tank'' is added each place it appears.
b. In paragraph (d)(5), the wording ``tank shell'' is removed and
``cargo tank shell'' is added in its place.
Sec. 178.345-8 [Amended]
71. In Sec. 178.345-8, the following changes are made:
a. In paragraph (a)(1) introductory text, in the second sentence,
the wording ``accident damage protection that are:'' is removed and
``accident damage protection devices that are:'' is added in its place.
b. In paragraph (a)(1) introductory text, the words ``non-circular
tanks'' is removed and ``non-circular cargo tanks'' is added each place
it appears.
c. In paragraph (a)(3), in the second sentence, the wording ``the
tank wall'' is removed and ``the cargo tank wall'' is added in its
place.
d. In paragraph (a)(3), in the third sentence, the wording ``from
the tank operating at the MAWP may not result in a tank wall'' is
removed and ``from the cargo tank operating at the MAWP may not result
in a cargo tank wall'' is added in its place.
e. In paragraph (a)(4), in the third and fourth sentences, the word
``tank'' is removed and ``cargo tank'' is added each place it appears.
f. In paragraph (b) introductory text, the word ``tank'' is removed
and ``cargo tank'' is added in its place.
g. In paragraph (b) introductory text, the wording ``non-circular
tanks'' is removed and ``non-circular cargo tanks'' is added in its
place.
h. In paragraphs (b)(2), (d)(2) introductory text, (d)(2)(ii) and
(e), the word ``tank'' is removed and ``cargo tank'' is added each
place it appears.
i. In paragraph (c)(1), the wording ``normal to the tank shell
(perpendicular to the tank surface)'' is removed and ``normal to the
cargo tank shell (perpendicular to the cargo tank surface)'' is added
in its place.
j. In paragraph (c)(2), the wording ``top of the tank'' is removed
and ``top of the cargo tank'' is added in its place.
k. In paragraph (d) introductory text, in the first sentence, the
wording ``protect the tank'' is removed and ``protect the cargo tank''
is added in its place.
l. In paragraph (d)(1), the wording ``The rear-end tank'' is
removed and ``The rear end cargo tank'' is added in its place.
Sec. 178.345-9 [Amended]
72. In Sec. 178.345-9, In paragraphs (e) and (h), the word ``tank''
is removed and ``cargo tank'' is added each place it appears.
Sec. 178.345-10 [Amended]
73. In Sec. 178.345-10, the following changes are made:
a. In paragraph (a), in the second sentence, the wording ``tank
rupture'' is removed and ``cargo tank rupture'' is added in its place.
b. In paragraph (c), in the second sentence, the word ``tank'' is
removed and ``cargo tank'' is added each place it appears.
c. In paragraph (c), in the second sentence, the word ``tanks'' is
removed and ``cargo tanks'' is added in its place.
d. In paragraph (e) introductory text, the word ``tank'' is removed
and ``cargo tank'' is added each place it appears.
e. In paragraph (e)(1), the wording ``exposed tank'' is removed and
``exposed cargo tank'' is added in its place.
Sec. 178.345-11 [Amended]
74. In Sec. 178.345-11, the following changes are made:
a. In paragraph (a), in the second sentence, the wording ``Tank
out-lets'' is removed and ``Cargo tank outlets'' is added in its place.
b. In paragraphs (b) introductory text, and (d), the word ``tank''
is removed and ``cargo tank'' is added each place it appears.
[[Page 51342]]
c. In paragraph (b)(2), the wording ``the tank need not'' is
removed and ``the cargo tank need not'' is added in its place.
Sec. 178.345-12 [Amended]
75. In Sec. 178.345-12, in the first sentence, the wording ``Each
cargo tank, except a tank'' is removed and ``Each cargo tank, except a
cargo tank'' is added in its place.
76. In Sec. 178.345-13, in paragraph (b) introductory text, the
first two sentences are revised to read as follows:
Sec. 178.345-13 Pressure and leakage tests.
* * * * *
(b) * * * Each cargo tank or cargo tank compartment must be tested
hydrostatically or pneumatically. Each cargo tank of a multi-cargo tank
motor vehicle must be tested with the adjacent cargo tanks empty and at
atmospheric pressure. * * *
* * * * *
Sec. 178.345-13 [Amended]
77. In addition, in Sec. 178.345-13, the following changes are
made:
a. In paragraph (a), the words ``Each tank must be pressure and
leak tested'' is removed and ``Each cargo tank must be pressure and
leakage tested'' is added in its place.
b. In paragraph (b)(1) and the fourth sentence of paragraph (b)(2),
the word ``tank'' is removed and ``cargo tank'' is added each place it
appears.
78. In Sec. 178.345-14, paragraph (a) is revised to read as
follows:
Sec. 178.345-14 Marking.
(a) General. The manufacturer shall certify that each cargo tank
motor vehicle has been designed, constructed and tested in accordance
with the applicable Specification DOT 406, DOT 407 or DOT 412
(Secs. 178.345, 178.346, 178.347, 178.348) cargo tank requirements, and
when applicable, with the ASME Code. The certification shall be
accomplished by marking the cargo tank as prescribed in paragraphs (b)
and (c) of this section, and by preparing the certificate prescribed in
Sec. 178.345-15. Metal plates prescribed by paragraphs (b), (c), (d)
and (e) of this section, must be permanently attached to the cargo tank
or its integral supporting structure, by brazing, welding or other
suitable means. These plates must be affixed on the left side of the
vehicle near the front of the cargo tank (or the frontmost cargo tank
of a multi-cargo tank motor vehicle), in a place readily accessible for
inspection. The plates must be permanently and plainly marked in
English by stamping, embossing or other means in characters at least
\3/16\ inch high. The information required by paragraphs (b) and (c) of
this section may be combined on one specification plate.
* * * * *
Sec. 178.345-14 [Amended]
79. In addition, in Sec. 178.345-14, the following changes are
made:
a. In paragraphs (b)(4) and (b)(5), the word ``Tank'' is removed
and ``Cargo tank'' is added each place it appears.
b. In paragraph (d), the paragraph heading is revised to read:
``Multi-cargo tank motor vehicle.''.
c. In paragraph (d), in the first sentence, the wording ``For a
cargo tank motor vehicle`` is removed and ``For a multi-cargo tank
motor vehicle'' is added in its place.
d. In paragraph (d), in the first sentence, the wording ``having
one cargo tank or'' is removed.
e. In paragraph (d), in the fourth sentence, the wording
``insulation and the'' is removed and ``insulation. The'' is added in
its place.
Sec. 178.345-15 [Amended]
80. In Sec. 178.345-15, the following changes are made:
a. In paragraph (b)(2), in the first sentence, the wording ``ASME
tank a tank manufacturer's'' is removed and ``ASME cargo tank a cargo
tank manufacturer's'' is added in its place.
b. In paragraph (d), the wording ``tank fabrication'' is removed
and ``cargo tank fabrication'' is added in its place.
PART 179--SPECIFICATIONS FOR TANK CARS
81. The authority citation for part 179 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
Sec. 179.103-5 [Amended]
82. In Sec. 179.103-5, paragraph (a)(1) is amended by removing the
first two sentences.
Sec. 179.300-7 [Amended]
82a. In Sec. 179.300-7, in the first sentence of paragraph (a), the
phrase ``having heads fusion welded to the tank shell'' is removed.
PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS
83. The authority citation for part 180 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
84. In Sec. 180.403, for the definition ``Modification'', a new
sentence is added at the end of the introductory text to read as
follows:
Sec. 180.403 Definitions.
* * * * *
Modification * * * Excluded from this category are the following:
* * * * *
Sec. 180.407 [Amended]
85. In Sec. 180.407, the following changes are made:
a. In the paragraph (c) table, in the table title, the word
``Retests'' is removed and ``Test'' is added in its place.
b. In the paragraph (c) table, in the first column, in the fifth
entry, the wording ``Pressure Retest'' is removed and ``Pressure Test''
is added in its place.
c. In paragraph (d)(2)(vi), the wording ``parts 178 and 180'' is
removed and ``parts 172, 178 and 180 of this subchapter'' is added in
its place.
d. In paragraph (f)(3), in the first sentence, the word ``tank'' is
removed and the words ``the cargo tank'' are added in its place.
e. In paragraph (f)(3), in the second sentence, the reference
``Sec. 180.407(i).'' is removed and ``paragraphs (i)(2), (i)(3), (i)(5)
and (i)(6) of this section.'' is added in its place.
f. In paragraph (g)(1) (viii) and (ix), the word ``tank'' is
removed and ``cargo tank'' is added each place it appears.
g. In paragraph (g)(1)(viii), in the second sentence, the reference
``(g)(1)(iii)'' is removed and ``(g)(1)(iv)'' is added in its place.
h. In paragraph (h)(1) introductory text, (h)(1)(i) and (h)(1)(ii),
the wording ``leak tested'' is removed and ``leakage tested'' is added
each place it appears.
Sec. 180.413 [Amended]
86. In Sec. 180.413, in paragraph (e), the following changes are
made:
a. In the first sentence, the wording ``each tank during the time
the tank'' is removed and ``each cargo tank during the time the cargo
tank'' is added in its place.
b. In the second sentence, the wording ``during the period the
tank'' is removed and ``during the period the cargo tank'' is added in
its place.
c. In the third sentence, the wording ``cargo tank'' is removed and
``specification cargo tank'' is added each place it appears.
Sec. 180.415 [Amended]
87. In Sec. 180.415, in paragraph (b), the following changes are
made:
[[Page 51343]]
a. In the fourth sentence, the wording ``pressure retest'' is
removed and ``pressure test'' is added in its place.
b. In the fourth sentence, the wording ``lining test'' is removed
and ``lining inspection'' is added in its place.
c. In the fifth sentence, the wording ``pressure retest'' is
removed and ``pressure test'' is added in its place.
Sec. 180.417 [Amended]
88. In Sec. 180.417, in paragraph (c)(2), the word ``tank'' is
removed and ``cargo tank'' is added in its place.
Issued in Washington, DC, on September 18, 1996, under authority
delegated in 49 CFR part 1.
Kelley S. Coyner,
Deputy Administrator, Research and Special Programs Administration.
[FR Doc. 96-24710 Filed 9-30-96; 8:45 am]
BILLING CODE 4910-60-P
Complete official Federal Register PDF
FR Doc. 96-24534 Approval and Promulgation of Implementation Plans; Transportation Control Measures, State of New York
[Federal Register Volume 61, Number 191 (Tuesday, October 1, 1996)]
[Rules and Regulations]
[Pages 51214-51217]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24534]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[Region II, Docket No. 152, NY21-1-6732a; FRL-5555-2]
Approval and Promulgation of Implementation Plans; Transportation
Control Measures, State of New York
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a
request submitted on November 15, 1992 by the State of New York to
revise its ozone state implementation plan (SIP) which addresses the
need for transportation control measures (TCMs) to offset growth in
emissions from growth in vehicle miles travelled (VMT) as required by
the Clean Air Act (Act). New York has indicated that VMT growth will
not result in increased emissions and, therefore, TCMs are not needed
for this purpose.
DATES: This action is effective on December 2, 1996 unless adverse or
critical comments are received by October 31, 1996. If adverse comments
are received, this notice will be withdrawn in the Federal Register
prior to the effective date of this rule.
ADDRESSES: All comments should be addressed to: William S. Baker,
Chief, Air Programs Branch, Air and Waste Management Division,
Environmental Protection Agency, Region II Office, 290 Broadway, 20th
Floor, New York, New York 10007-1866
Copies of New York's submittals are available at the following
addresses for inspection during normal business hours:
Environmental Protection Agency, Region II Office, Air Programs Branch,
[[Page 51215]]
290 Broadway, 20th Floor, New York, New York 10007-1866.
New York Department of Environmental Conservation, 50 Wolf Road,
Albany, New York 12233-1010
Environmental Protection Agency, Air and Radiation Docket and
Information Center (MC 6102), 401 M Street, S.W., Washington, D.C.
20460
FOR FURTHER INFORMATION CONTACT: Linda Kareff, Environmental Protection
Specialist, Technical Evaluation Section, Air Programs Branch,
Environmental Protection Agency, 290 Broadway, 20th Floor, New York,
New York 10007-1866, (212) 637-4249
SUPPLEMENTARY INFORMATION:
Background
Section 182(d)(1)(A) of the Clean Air Act Amendments of 1990
requires states containing ozone nonattainment areas classified as
``severe'' pursuant to section 181(a) of the Act to adopt
transportation control measures (TCMs) and transportation strategies to
offset growth in emissions from growth in vehicle miles travelled (VMT)
or number of vehicle trips, and to attain reductions in motor vehicle
emissions (in combination with other emission requirements) as
necessary to comply with the Act's Reasonable Further Progress (RFP)
milestone and attainment requirements. The requirements for
establishing a VMT offset program are discussed in the April 16, 1992
General Preamble to Title I of the Act (57 FR 13498), in addition to
section 182(d)(1)(A) of the Act.
The VMT offset provision requires that states submit by November
15, 1992 specific enforceable TCMs and strategies to offset any growth
in emissions from growth in VMT or number of vehicle trips sufficient
to allow total area emissions to comply with the RFP and attainment
requirements of the Act.
EPA has observed that these three elements (i.e., offsetting growth
in mobile source emissions, attainment of the RFP reduction, and
attainment of ozone national ambient air quality standards (NAAQS))
create a timing problem of which Congress was perhaps not fully aware.
As discussed in EPA's April 16, 1992 General Preamble to Title I, ozone
nonattainment areas affected by this provision were not otherwise
required to submit SIPs that show attainment of the 1996 15% RFP
milestone until November 15, 1993, and likewise are not required to
demonstrate post-1996 RFP and attainment of the NAAQS until November
15, 1994. The SIP demonstrations due on November 15, 1993, and on
November 15, 1994 are broader in scope than growth in VMT or trips in
that they necessarily address emission trends and control measures for
non-motor vehicle emission sources and, in the case of attainment
demonstrations, complex photochemical modeling studies.
EPA does not believe that Congress intended the VMT offset
provision to advance dates for these broader submissions. Further, EPA
believes that the November 15, 1992 date would not allow sufficient
time for states to have fully developed specific sets of measures that
would comply with all of the elements of the VMT offset requirements of
section 182(d)(1)(A) over the long term. Consequently, EPA believes it
would be appropriate to interpret the Act to provide the following
alternative set of staged deadlines for submittal of elements of the
VMT offset SIP. Under this interpretation, the three required elements
of section 182(d)(1)(A) are separable, and can be divided into three
separate submissions on different dates. Section 179(a) of the Act, in
establishing how EPA would be required to apply mandatory sanctions if
a state fails to submit a full SIP also provides that the sanctions
clock starts if a state fails to submit one or more SIP elements, as
determined by the Administrator. EPA believes that this language
provides EPA the authority to determine that the different elements of
a SIP submission are separable. Moreover, given the continued timing
problems addressed above, EPA believes it is appropriate to allow
states to separate the VMT offset SIP into three elements, each to be
submitted at different times: (1) The initial requirement to submit
TCMs that offset growth in emissions; (2) the requirement to comply
with the 15% Rate of Progress requirement of the Act; and (3) the
requirement to comply with the post-1996 periodic reduction and
attainment of the ozone NAAQS.
Under this approach, the first element, the emissions offset
element was due on November 15, 1992. EPA believes this element is not
necessarily dependent on the development of the other elements. A state
could submit the emissions growth offset element independent of an
analysis of that element's consistency with the periodic reduction and
attainment requirements of the Act. Emissions trends from other sources
need not be considered to show compliance with the offset requirement.
As submitting this element in isolation does not implicate the timing
problems of advancing deadlines for RFP and attainment demonstrations,
EPA does not believe it is necessary to extend the statutory deadline
for submittal of the emissions growth offset element.
The second element, which requires the VMT offset SIP to comply
with the 15% RFP requirement of the Act was due on November 15, 1993
which is the same date on which the 15% RFP SIP itself was due under
section 182(b)(1) of the Act. EPA believes it is reasonable to extend
the deadline for this VMT offset element from November 15, 1992 to the
date on which the entire 15% SIP was due, as this allows states to
develop the comprehensive strategy to address the 15% requirement and
assure that the TCM elements required under section 182(d)(1)(A) are
consistent with the remainder of the 15% demonstration. Indeed, EPA
believes that only upon submittal of the broader 15% plan can a state
have had the necessary opportunity to coordinate its VMT strategy with
its 15% plan.
The third element, which requires the VMT offset SIP to comply with
the post-1996 RFP and attainment requirements of the Act was due on
November 15, 1994, the statutory deadline for those broader
submissions. EPA believes it is reasonable to similarly extend the
deadline for this VMT element to the date on which the post-1996 RFP
and attainment SIPs are due for the same reason it is reasonable to
extend the deadline for the second element. First, it is arguably
impossible for a state to make the showing required by section
182(d)(1)(A) for the third element until the broader demonstrations
have been developed by the State. Moreover, allowing states to develop
the comprehensive strategy to address post-1996 RFP and attainment by
providing a fuller opportunity to assure that the TCM elements comply
with the broader RFP and attainment demonstrations, will result in a
better program for reducing emissions in the long term.
State Submittal
On November 15, 1992, the State of New York submitted its ozone SIP
revision dealing with, in part, whether TCMs are needed to offset
growth in emissions. The submittal was found to be incomplete and was
resubmitted with additional information on September 9, 1993. The EPA
found the SIP complete with the supplemental information on November 5,
1993. In this submittal, the State has indicated that it does not need
to submit a revision adopting specific TCMs under the first element of
the VMT offset requirement because it has determined that it will not
need to offset growth in emissions from growth in VMT into the next
century. EPA's independent analysis (included in the technical support
document) supports this finding and demonstrates that New York will
[[Page 51216]]
not need to offset growth in emissions until at least the year 2007,
the year New York is required to demonstrate attainment. The second and
third TCM elements will be addressed in future rulemaking when EPA
evaluates New York's 15% Rate of Progress requirement to be resubmitted
by New York and the post-1996 attainment SIP submittals.
Conclusion
Section 182(d)(1)(A) of the Act requires the State to offset any
growth in emissions from growth in VMT. As discussed in the General
Preamble, the purpose is to prevent a growth in motor vehicle emissions
from canceling out the emission reduction benefits of the federally
mandated programs in the Act. EPA interprets this provision to require
that sufficient measures must be adopted so that projected motor
vehicle volatile organic compound (VOC) emissions will never be higher
during the ozone season in one year than during the ozone season in the
year before. When growth in VMT and vehicle trips would otherwise cause
a vehicle upturn in emissions from motor vehicles, this upturn must be
prevented. The emissions level at the point of upturn becomes a ceiling
on motor vehicle emissions. This requirement applies to projected
emissions in the years between the submission of the SIP revision and
the attainment demonstrations. The ceiling level is defined, therefore,
up to the point of upturn, as motor vehicle emissions that would occur
in the ozone season of that year, with VMT growth, if all measures for
that area in that year were implemented by the Act. When this curve
begins to turn up due to growth in VMT or vehicle trips, the ceiling
becomes a fixed value. The ceiling line would include the effects of
federal measures such as new motor vehicle standards, phase II Reid
vapor pressure (RVP) controls, and reformulated gasoline, as well as
the Act-mandated SIP requirements.
The State of New York has indicated in its submittal on November
15, 1992 that the predicted growth in VMT is not expected to result in
an increase in motor vehicle emissions that will negate the effects of
the reductions mandated by the Act. Because the current modelling does
not indicate a need for TCMs to offset growth in emissions before 2007,
the year New York State is to demonstrate attainment, we are approving
the part of the ozone state implementation plan that determines that
New York is not required to adopt specific, enforceable TCMs to meet
the first element of the offset requirement. EPA is therefore approving
the New York State SIP revision submittals as satisfying the first of
the three VMT offset plan requirements. With respect to the second
element, EPA will address this element when New York's 15% Rate of
Progress plan is resubmitted to EPA. With respect to the third element,
New York will periodically be updating its emissions projections as a
part of its post-1996 RFP and attainment SIPs. Upon review of the
updated projections, EPA will determine if revised emissions estimates
have changed creating a necessity for TCMs.
Nothing in this rule should be construed as permitting or allowing
or establishing a precedent for any future request for revision to any
SIP. Each request for revision to any SIP shall be considered
separately in light of specific technical, economic, and environmental
factors and in relation to relevant statutory and regulatory
requirements.
EPA is publishing this rule without prior proposal because EPA
views this as a noncontroversial amendment and anticipates no adverse
comments. However, in a separate document in this Federal Register
publication, the EPA is proposing to approve the SIP revision should
adverse or critical comments be filed. Thus, this direct final action
will be effective December 2, 1996, unless, by October 31, 1996,
adverse or critical comments are received.
If the EPA receives such comments, this rule 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. EPA will not institute a second comment period on this
action. Any parties interested in commenting on this rule should do so
at this time. If no adverse comments are received, the public is
advised that this rule will be effective December 2, 1996. (See 47 FR
27073 and 59 FR 24059).
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et. seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. 603 and 604.
Alternatively, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
SIP approvals under section 110 and Subchapter I, Part D of the
Clean Air Act do not create any new requirements, but simply approve
requirements that the State is already imposing. Therefore, because the
federal SIP approval does not impose any new requirements, I certify
that it does not have a significant impact on any small entities
affected. Moreover, due to the nature of the federal-state relationship
under the Clean Air Act, preparation of a regulatory flexibility
analysis would constitute federal inquiry into the economic
reasonableness of state action. The Clean Air Act forbids EPA to base
its actions concerning SIPs on such grounds. Union Electric Co. v. US
EPA, 427 US 246, 256-66 (S.Ct. 1976); 42 U.S.C. 7410(a)(2).
Under sections 202, 203, and 205 of the Unfunded Mandates Reform
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22,
1995, EPA must undertake various actions in association with proposed
or final rules that include a federal mandate that may result in
estimated annual costs of $100 million or more to the private sector,
or to state, local, or tribal governments in the aggregate.
Through submission of this state implementation plan or plan
revision, the state and any affected local or tribal governments have
elected to adopt the program provided for under section 182(d)(1)(A) of
the Clean Air Act. These rules may bind state, local and tribal
governments to perform certain actions and also require the private
sector to perform certain duties. To the extent that the rules being
approved by this action would impose any mandate upon the state, local
or tribal governments either as the owner or operator of a source or as
a regulator, or would impose any mandate upon the private sector, EPA's
action will impose no new requirements; such sources are already
subject to these regulations under state law. Accordingly, no
additional costs to state, local, or tribal governments, or to the
private sector, result from this action. EPA has also determined that
this direct final action does not include a mandate that may result in
estimated annual costs of $100 million or more to state, local, or
tribal governments in the aggregate or to the private sector.
The Office of Management and Budget has exempted this action from
review under Executive Order 12866.
Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives and the Comptroller General of the
General Accounting Office prior to publication of the rule in today's
Federal Register. This rule is
[[Page 51217]]
not a ``major rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this rule must be filed in the United States Court
of Appeals for the appropriate circuit within 60 days from date of
publication. Filing a petition for reconsideration by the Administrator
of this final rule does not affect the finality of this rule for the
purposes of judicial review nor does it extend the time within which a
petition for judicial review may be filed and shall not postpone the
effectiveness of such rule or action. This rule may not be challenged
later in proceedings to enforce its requirements. (See 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Dated: July 29, 1996.
William Muszynski,
Acting Regional Administrator.
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart HH--New York
2. Section 52.1683 is amended by adding new paragraph (c) to read
as follows:
Sec. 52.1683 Control Strategy; Ozone
* * * * *
(c) EPA approves on December 2, 1996, a request submitted by the
State of New York to revise its ozone state implementation plan (SIP)
which addresses the need for transportation control measures (TCMs) to
offset growth in emissions from growth in vehicle miles travelled (VMT)
as required by the Clean Air Act (Act). New York has indicated that VMT
growth will not result in increased emissions and, therefore, TCMs are
not needed for this purpose.
[FR Doc. 96-24534 Filed 9-30-96; 8:45 am]
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