issue-1996-06-11•Federal Register final rules — 1996-06-11
Federal Register final rules — 1996-06-11
issue-1996-06-11Federal Register final rules — 1996-06-11Regulation
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. X96-10611 Delegation of authority
[Federal Register Volume 61, Number 113 (Tuesday, June 11, 1996)]
[Rules and Regulations]
[Pages 29484-29485]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X96-10611]
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ENVIRONMENTAL PROTECTION AGENCY
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[[Page 29485]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 60
Delegation of authority
Correction
In title 40 of the Code of Federal Regulations, part 60, revised as
of October 1, 1995, page 432 in the first column, Sec. 60.699 is
corrected by adding the following after the colon in paragraph (b):
Sec. 60.699 Delegation of authority.
(a) * * *
(b) * * *
Sec. 60.694 Permission to use alternative means of emission
limitations.-
BILLING CODE 1505-01-D
Complete official Federal Register PDF
FR Doc. 96-14806 Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Revision of Final Rule Pertaining to the RACT Determinations for 5 Texas Eastern Facilities, Metropolitan Edison Portland, Pennsylvania PowerNew Castle Plant, and for International PaperHammermill Division
[Federal Register Volume 61, Number 113 (Tuesday, June 11, 1996)]
[Rules and Regulations]
[Pages 29483-29484]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14806]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[PA 52-2-7155; A-1-FRL-5506-8]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Revision of Final Rule Pertaining to the RACT
Determinations for 5 Texas Eastern Facilities, Metropolitan Edison--
Portland, Pennsylvania Power--New Castle Plant, and for International
Paper--Hammermill Division
AGENCY: Environmental Protection Agency (EPA).
ACTION: Revision of direct final rule.
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SUMMARY: On April 9, 1996, EPA published approval of a State
Implementation Plan (SIP) revision submitted by Pennsylvania (61 FR
15709) pertaining to reasonably available control technology (RACT)
requirements for 21 individual Pennsylvania facilities. EPA is revising
the final rule due to the State's request to withdraw any adverse
comments. This revision pertains to five Texas Eastern Transmission
Corporation facilities, Metropolitan Edison--Portland Generating
Station, Pennsylvania Power Company--New Castle Plant, and
International Paper--Hammermill Division into the Pennsylvania State
Implementation Plan.
EFFECTIVE DATE: June 10, 1996.
FOR FURTHER INFORMATION CONTACT: Cynthia H. Stahl (215) 597-9337 (or
215-597-2180, after May 20, 1996), or via e-mail,
[email protected][email protected].
SUPPLEMENTARY INFORMATION: On April 9, 1996, EPA published approval of
a State Implementation Plan (SIP) revision submitted by Pennsylvania
(61 FR 15709) pertaining to reasonably available control technology
(RACT) requirements for 21 individual Pennsylvania facilities. EPA
approved this direct final rulemaking without prior proposal because
the Agency viewed it as a noncontroversial amendment and anticipated no
adverse comments. The final rule was published in the Federal Register
with a provision for a 30 day comment period (61 FR 15709). At the same
time, EPA announced that this final rule would convert to a proposed
rule in the event that adverse comments were submitted to EPA within 30
days of publication of the rule in the Federal Register (61 FR 15744).
The final rulemaking action would be withdrawn by publishing a document
announcing withdrawal of this action.
Notice of intent to adversely comment on the Pennsylvania Power--
New Castle plant and International Paper--Hammermill Division RACT
determinations was submitted to EPA within the prescribed comment
period. In addition, Pennsylvania Department of Environmental
Protection withdrew its request for EPA to approve the RACT
determinations for five Texas Eastern facilities: Bectelsville,
Grantville, Perulack/Leidy, Shermans Dale and Bernville, and the RACT
determination for Metropolitan Edison--Portland Generating Station.
Therefore, EPA is revising the April 9, 1996 proposed rulemaking action
(61 FR 15744) and the final rulemaking action to indicate that no
rulemaking action is being taken for the five Texas Eastern facilities
and Metropolitan Edison--Portland because Pennsylvania no longer wants
EPA to approve these RACT determinations into the Pennsylvania SIP. In
addition, EPA received notice that New York State Department of
Environmental Conservation intends to submit adverse comments on the
Pennsylvania Power--New Castle and International Paper--Hammermill RACT
determinations. Consequently, EPA is revising the April 9, 1996 final
rulemaking action only as it pertains to Pennsylvania Power and
International Paper so that no final rulemaking action is being taken
on these two sources. Elsewhere in today's Federal Register, EPA is
reopening the comment period until June 28, 1996 only as it pertains to
the Pennsylvania Power--New Castle plant and the International Paper--
Hammermill Division RACT determinations. All public comments received
will be addressed in a subsequent rulemaking action based on the
proposed rule.
Accordingly, EPA is revising 40 CFR 52.2020 (c)(103) to remove the
five Texas Eastern facilities, Metropolitan Edison--Portland,
Pennsylvania Power--New Castle and International Paper--Hammermill
Division.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Incorporation by reference, Intergovernmental relations, Nitrogen
Dioxide, Ozone, Reporting and recordkeeping requirements.
Dated: May 9, 1996.
Stanley Laskowski,
Acting Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
[[Page 29484]]
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart NN--Pennsylvania
2. Section 52.2020 is amended by revising paragraph (c)(103) to
read as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(c) * * *
(103) Revisions to the Pennsylvania Regulations, Chapter 129.91
pertaining to VOC and NOx RACT and 1990 baseyear emissions inventory
for one source, submitted on January 6, 1995, May 10, 1995, May 31,
1995, August 11, 1995 (as amended on November 15, 1995), October 24,
1995, and December 8, 1995 by the Pennsylvania Department of
Environmental Resources (now known as the Pennsylvania Department of
Environmental Protection):
(i) Incorporation by reference.
(A) Nine letters: three dated January 6, 1995, and one each dated
May 10, 1995, May 31, 1995, August 11, 1995, October 24, 1995, November
15, 1995, and December 8, 1995 from the Pennsylvania Department of
Environmental Resources (now known as the Pennsylvania Department of
Environmental Protection) transmitting source specific VOC and/or NOx
RACT determinations in the form of plan approvals or operating permits
for the following sources: Tennessee Gas Pipeline Company--Station 313
(Potter Co.)--natural gas transmission and gas storage station; Corning
Asahi Video Products Company (Centre Co.)--glass manufacturer; Columbia
Gas Transmission Company--Easton station (Northampton Co.)--natural gas
compressor station, (4) Texas Eastern Transmission Corporation--Bedford
(Bedford Co.)--natural gas compressor station; Texas Eastern
Transmission--Marietta (Lancaster Co.)--natural gas compressor station;
Hercules Cement Company (Northampton Co.)--cement manufacturer; Lone
Star Industries (Northampton Co.)--cement manufacturer; Pennsylvania
Power and Light--Montour SES (Montour Co.)--utility; Pennsylvania
Electric Company--Shawville (Clearfield Co.)--utility; Zinc Corporation
of America--Monaca (Beaver Co.)--zinc smelting; Procter and Gamble
Paper Products--Mehoopany (Wyoming Co.)--pulp and paper making
facility. In addition, the operating permit for Columbia Gas
Transmission Corporation--Union City (Erie Co.), a natural gas
compressor station, containing provisions limiting this source as a
synthetic minor source (below RACT threshold level of 100 tons per year
of potential NOx emissions) is being approved.
(B) Plan approvals (PA), Operating permits (OP):
(1) Tennessee Gas Pipeline Company--Station 313--PA 53-0001,
effective November 27, 1995, except the expiration date of the plan
approval and the portion of condition #6 pertaining to CO emissions, OP
53-0001, effective November 27, 1995, except the expiration date of the
operating permit, condition #21 pertaining to prevention of significant
deterioration and the portions of condition #22 pertaining to CO
emissions, and Compliance permit (CP) 53-0001, effective November 27,
1995, except the expiration date of the compliance permit.
(2) Corning Asahi Video Products Company--OP 14-0003, effective
December 27, 1994, except the expiration date of the operating permit,
OP 14-309-010A, effective May 5, 1994, except the expiration date of
the operating permit and condition #6 and 7, pertaining to particulate
matter and arsenic, OP 14-309-009C, effective August 18, 1994, except
the expiration date of the operating permit and conditions #12 and 14,
pertaining to particulate matter and lead, and OP 14-309-037A,
effective May 5, 1994, except the expiration date of the operating
permit and conditions #10, 11, 12, and 15, pertaining to particulate
matter, fluorides and arsenic.
(3) Columbia Gas Transmission Company--Easton--OP 48-0001,
effective May 19, 1995, except the expiration date of the operating
permit and PA 48-0001A, effective May 19, 1995, except the expiration
date of the plan approval.
(4) Texas Eastern Transmission Corporation--Bedford--OP 05-2007,
effective May 16, 1995, except the expiration date of the operating
permit.
(5) Texas Eastern Transmission Corporation--Marietta--PA 36-2025,
effective May 16, 1995, except the expiration date of the plan approval
and condition #2, pertaining to compliance date extensions.
(6) Hercules Cement Company--PA 48-0005A, effective December 23,
1994, except the expiration date of the plan approval and condition #4,
pertaining to compliance date extensions, and all the following
conditions that do not pertain to VOC or NOX RACT: #10(a), (b) and
(d), #11(a), (b) and (d), #12(a), (b) and (d), #13(a), (b) and (d),
#14, #15, #21 through 24, #30, pertaining to compliance date extensions
and OP 48-0005, effective December 23, 1994, except the expiration date
of the operating permit and conditions #8 and 9, pertaining to
particulate matter.
(7) Lone Star Industries--OP 48-0007, effective December 20, 1994,
except the expiration date of the operating permit.
(8) Pennsylvania Power & Light--Montour SES--PA 47-0001A, effective
December 27, 1994, except the expiration date of the plan approval and
condition #14, pertaining to compliance date extensions and OP 47-0001,
effective December 27, 1994, except the expiration date of the
operating permit.
(9) Pennsylvania Electric Company--Shawville--PA 17-0001, effective
December 27, 1994, except the expiration date of the plan approval and
condition #19, pertaining to compliance date extensions.
(10) Zinc Corporation of America--Monaca--OP 04-000-044, effective
December 29, 1994, except for the expiration date of the operating
permit and those portions of conditions #8 and 9 pertaining to CO and
PM10.
(11) Procter and Gamble Paper Products Company--Mehoopany--OP 66-
0001, effective December 20, 1994, except the expiration date of the
operating permit and PA 66-0001A, effective December 20, 1994, except
the expiration date of the plan approval and condition #4, pertaining
to compliance date extensions, those portions of condition #5,
pertaining to CO, SO2 or particulate matter, and condition #17,
pertaining to odor.
(12) Columbia Gas Transmission Corporation--Union City--OP 25-892,
effective April 11, 1995 except the portion of condition #8, pertaining
to compliance date extensions.
(ii) Additional Material.
(A) Remainder of January 6, 1995, May 10, 1995, May 31, 1995,
August 11, 1995, October 24, 1995, and December 8, 1995 State
submittals.
(B) Additional clarifying material submitted by Pennsylvania:
Letter dated July 18, 1995 from Matthew M. Williams, Air Pollution
Control Engineer, Pennsylvania DEP, to Steve H. Finch, Vice President,
Environmental Affairs, Columbia Gas Transmission Corporation, stating
that the effective date of the Columbia Gas Transmission Corporation--
Union City operating permit (OP 25-892) is April 11, 1995.
[FR Doc. 96-14806 Filed 6-10-96; 8:45 am]
BILLING CODE 6560-50-P
Complete official Federal Register PDF
FR Doc. 96-14775 Public Use Regulations for the Alaska Peninsula/Becharof National Wildlife Refuge Complex
[Federal Register Volume 61, Number 113 (Tuesday, June 11, 1996)]
[Rules and Regulations]
[Pages 29495-29498]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14775]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR PART 36
RIN 1018-AD-30
Public Use Regulations for the Alaska Peninsula/Becharof National
Wildlife Refuge Complex
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: The U.S. Fish and Wildlife Service adopts regulations to
implement portions of the Alaska Peninsula/Becharof National Wildlife
Refuge Complex Public Use Management Plan. The rule will allow the Fish
and Wildlife Service to manage public uses by adopting regulations
addressing off-road vehicles, camping, and temporary facilities. The
regulations will provide for continued public use of the refuge complex
while protecting refuge resources and resolving conflicts between
refuge users.
EFFECTIVE DATE: This rule is effective July 11, 1996.
ADDRESSES: U.S. Fish and Wildlife Service, Alaska Peninsula/Becharof
National Wildlife Refuge Complex, P.O. Box 277, King Salmon, AK 99613.
FOR FURTHER INFORMATION CONTACT: Ronald E. Hood, Refuge Manager, Alaska
Peninsula/Becharof National Wildlife Refuge Complex, P.O. Box 277, King
Salmon, AK 99613, telephone: (907) 246-3339.
SUPPLEMENTARY INFORMATION: The Alaska National Interest Lands
Conservation Act (ANILCA) (16 U.S.C. 3101 et seq.) was signed into law
on December 2, 1980. The broad purpose of this law is to provide for
the disposition and use of a variety of federally owned lands in
Alaska. Section 303 of ANILCA established Alaska Peninsula and Becharof
National Wildlife Refuges and Section 304 of ANILCA expanded Alaska
Maritime National Wildlife Refuge. The Alaska National Interest Lands
Conservation Act states that purposes for which Alaska Maritime, Alaska
Peninsula and Becharof Refuges were established and shall be managed
include:
[[Page 29496]]
(i) [Alaska Maritime Refuge] to conserve fish and wildlife
populations and habitats in their natural diversity including, but not
limited to marine mammals, marine birds and other migratory birds, the
marine resources upon which they rely, bears, caribou and other
mammals;
(i) [Alaska Peninsula Refuge] to conserve fish and wildlife
populations and habitats in their natural diversity including, but not
limited to, brown bears, the Alaska Peninsula caribou herd, moose, sea
otters and other marine mammals, shorebirds and other migratory birds,
raptors, including bald eagles and peregrine falcons, and salmonids and
other fish;
(i) [Becharof Refuge] to conserve fish and wildlife populations and
habitats in their natural diversity including, but not limited to,
brown bears, salmon, migratory birds, the Alaskan Peninsula caribou
herd, and marine birds and mammals;
(ii) to fulfill the international treaty obligations of the United
States with respect to fish and wildlife and their habitats;
(iii) to provide, in a manner consistent with the purposes set
forth in subparagraphs (i) and (ii), the opportunity for continued
subsistence uses by local residents; and
(iv) to ensure, to the maximum extent practicable and in a manner
consistent with the purposes set forth in paragraph (i), water quality
and necessary water quantity within the refuge[s].
In 1987, the Fish and Wildlife Service (Service) decided to manage
the Ugashik and Chignik units of the Alaska Peninsula Refuge, the Seal
Cape area of the Alaska Maritime Refuge and the Becharof Refuge as a
``complex.'' These units share a contiguous boundary and common
resources and resource issues. Legislation to formalize the ``complex''
has been drafted. The Public Use Management Plan and the regulations
cover the Ugashik and Chignik Units of Alaska Peninsula Refuge, the
Seal Cape area of the Alaska Maritime Refuge, and Becharof Refuge.
Refuge Planning
Section 304(g) of ANILCA directs the Secretary of the Interior to
prepare a comprehensive conservation plan (comprehensive plan) for each
national wildlife refuge in Alaska. The Alaska Maritime comprehensive
plan was completed in 1988; the Alaska Peninsula comprehensive plan was
completed in 1987; and the Becharof comprehensive plan was completed in
1985. A number of public use management issues were identified and
resolved in the comprehensive plans. Other issues involving public use
of the refuges were identified as needing more thorough investigation.
These issues were addressed in the Public Use Management Plan (public
use plan) approved in May 1994.
Extensive public involvement was conducted for the public use plan
from 1989 to 1994 including workbooks, three sets of public meetings in
all refuge area communities, Anchorage and Kodiak and several mailings.
A number of changes were made in the final public use plan responding
to comments received on the draft. Those comments also were used to
prepare these regulations.
Draft regulations to implement the public use plan were published
on July 17, 1995 (60 FR 36576) with a 60-day public comment period. The
public comment period was reopened for another 45 days to allow
additional review and comment by interested persons and groups on
October 16, 1995, (60 FR 53576).
The July 17, 1995 Federal Register notice said public hearings
would be held in Chignik Bay, Chignik Lake, Chignik Lagoon, Egegik,
Ivanof Bay, Naknek, Perryville, Pilot Point, Port Heiden, and South
Naknek, Alaska. Informal public hearings were held in Egegik (October
23, 1995), Naknek (October 26, 1995), and South Naknek (November 2,
1995), Alaska. When leaders of both municipal and tribal governments in
the other villages were contacted to arrange public hearings, they
indicated that hearings were not necessary. Therefore, because these
villages are all isolated and people from other communities would not
likely attend public hearings, the hearings were not held.
Summary of Public Comments
Eleven people attended the Egegik hearing and one comment on the
regulations was noted. Six people attended the Naknek hearing.
Questions were asked about the regulations, but no comments about the
regulations were received. Two people attended the South Naknek hearing
and one comment on the regulations was noted.
Seven written comments were received from the State of Alaska, one
regional corporation, the Coalition to Protect Animals in Parks and
Refuges, and four individuals (one in Alaska and three out-of-state).
One person met with Service personnel to discuss the regulations.
The State of Alaska had no specific comments on the regulations.
One person suggested re-writing the regulations in seventh grade
English and translating them into Native languages. One person opposed
the use of off-road vehicles, camping, and any temporary or permanent
improvements within the refuge. The Coalition to Protect Animals in
Parks and Refuges suggested there should be some areas where off-road
vehicles not be allowed, and approved of off-road vehicle weight limits
and confining general public off-road vehicle use to trails. The Native
Corporation noted that the off-road vehicle weight restrictions would
not apply to activities associated with exploration or development of
their subsurface estate within the refuge. One person said that
subsistence campers should be able to leave their camp foundation to be
used year after year.
Most other comments did not address the regulations and were about
other aspects of refuge management (for example, opposing sport hunting
on refuges or requesting information about special use permits). The
comment at the Egegik hearing suggested that off-road vehicle trailers
be required to use low pressure tires. One person at the South Naknek
hearing suggested that temporary facilities be prohibited throughout
the refuge complex. The person meeting with Service staff was concerned
that the regulations not affect a road he is proposing to use within
the refuge. He was assured that the regulations would have no effect on
his proposal.
Based on public comments received the Service proposes only one
change from the proposed regulations. A typographical error appeared in
subsection 36.39(c)(4)(iii). It stated that new temporary facilities
are prohibited within ``\1/2\ mile'' of the shoreline of Upper and
Lower Ugashik Lakes. It should have read ``\1/4\ mile'' of the
shoreline of Upper and Lower Ugashik Lakes. The final rule reads \1/4\
mile.
While the Service agrees with the suggestion to require the use of
low pressure tires on off-road vehicle trailers, as stated in the
notice of proposed rule-making the Service does not believe it is
necessary to regulate off-road vehicle trailers at this time.
Regarding the suggestion that there be no use of off-road vehicles
on some parts of the refuge complex, ANILCA Section 810 requires the
Service to allow ``other means of surface transportation''
traditionally employed for subsistence subject to reasonable
regulations. The regulations limit the size and weight of off-road
vehicles. All areas of the refuge complex are open to subsistence use
of off-road vehicles, but the distance of many areas from communities,
vast size, and extremely rugged terrain of much of the area effectively
precludes off-road vehicle
[[Page 29497]]
use in many areas of the refuge complex.
Section 1316 of ANILCA states, in part, ``* * * the Secretary shall
permit, subject to reasonable regulations to ensure compatibility, the
continuance of existing uses, and the future establishment and use, of
temporary campsites, tent platforms, shelters, and other temporary
facilities and equipment directly and necessarily related to such
activities [the taking of fish and wildlife] * * *.'' Section 1316 also
states that temporary facilities could be denied if they would be
``detrimental to the purposes for which the * * * unit was established
* * *.'' In the public use plan, the Service determined which areas of
the refuge temporary facilities would be detrimental to refuge purposes
and these will be closed to new temporary facilities by the
regulations. The establishment of new temporary facilities elsewhere in
the refuge complex was generally found to be compatible with the
purposes of the refuge. Each application for temporary facilities will
be evaluated by the refuge complex staff and authorized only if found
to be directly and necessarily related to the taking of fish and
wildlife and compatible with the purposes of the refuge. Permits
authorizing temporary facilities contain special conditions to ensure
compatibility and minimizing effects on other refuge users.
Conformance With Statutory and Regulatory Authorities
The impact of these final regulations on subsistence uses has been
evaluated as required by Section 810 of ANILCA. A subsistence
evaluation was included in the public use management plan environmental
assessment and the Regional Director found that the plan would not
significantly restrict subsistence use on the Alaska Peninsula/Becharof
National Wildlife Refuge Complex. Subsistence uses and access are
expected to differ little, if any, from existing uses. The regulations
are consistent with the purposes and intent of Section 810 and will
result in no significant restrictions on subsistence uses.
These final regulations are consistent with the purposes for which
the Alaska Maritime, Alaska Peninsula and Becharof National Wildlife
Refuges were established. A compatibility determination was approved
for the public use management plan.
Paperwork Reduction Act
These final regulations have been examined under the Paperwork
Reduction Act of 1995 and have been found to contain no information
collection requirements.
National Environmental Policy Act Compliance
An environmental assessment accompanied the draft public use
management plan. On May 21, 1994, a Decision Notice and Finding of No
Significant Impact was signed by the Regional Director. Copies of these
documents may be obtained from the Alaska Peninsula/Becharof National
Wildlife Refuge Complex, P.O. Box 277, King Salmon, Alaska 99613.
Telephone: (907) 246-3339. No further documentation is required by the
National Environmental Policy Act (42 U.S.C. 4321-4347).
Economic Effects
The Department of Interior has determined this rulemaking was not
subject to Office of Management and Budget review under Executive Order
12866. A review under the Regulatory Flexibility Act of 1980 (5 U.S.C.
601 et seq.) has revealed that this final rulemaking would not have a
significant effect on a substantial number of small entities in the
area, such as businesses, organizations and governmental jurisdictions.
This rule impacts the refuge complex only to the extent that off-road
vehicles and camping are better administered. Temporary facilities are
only allowed for administrative and subsistence purposes at particular
sites. These provisions are seen, therefore, as administrative in
nature and having little or no impact on small entities. This final
rule will have minimal, if any, impact on the economy of the Alaska
Peninsula.
Unfunded Mandates
The Service has determined and certifies pursuant to the Unfunded
Mandates Act, 2 U.S.C. 1502 et. seq., that this rulemaking will not
impose a cost of $100 million or more in any given year on local or
State governments or private entities.
Primary Author: Helen Clough, Refuges and Wildlife, Alaska
Regional Office, U.S. Fish and Wildlife Service, Anchorage, Alaska
is the primary author of this final rulemaking document.
List of Subjects in 50 CFR Part 36
Alaska, Recreation and recreation areas, Reporting and
recordkeeping requirements, Wildlife refuges.
The U.S. Fish and Wildlife Service amends Part 36 of Chapter I of
Title 50 as follows:
PART 36--[AMENDED]
1. The authority citation for Part 36 continues to read as follows:
Authority: 16 U.S.C. 460(k) et seq., 668dd et seq., 742(a) et
seq., 3101 et seq., and 44 U.S.C. 3501 et seq.
2. Section 36.39 is amended by adding paragraph (c) (1)-(4) as
follows:
Sec. 36.39 Public use.
* * * * *
(c) Alaska Peninsula/Becharof National Wildlife Refuge Complex.
(1) The Alaska Peninsula/Becharof National Wildlife Refuge
(Complex) includes the Becharof National Wildlife Refuge, the Chignik
and Ugashik Units of the Alaska Peninsula National Wildlife Refuge and
the Seal Cape Area of the Alaska Maritime National Wildlife Refuge.
(2) Off-road vehicles are permitted on the refuge complex under
Sec. 36.12(a),Sec. 36.39(c)(2)(ii) or Sec. 36.39(c)(2)(iii) and must
meet the following conditions:
(i) Vehicles are limited to three or four-wheeled vehicles with a
maximum gross weight of 650 pounds as listed by the manufacturer.
(ii) ORV's are permitted on the following trails only: Yantarni Bay
Airstrip; Yantarni Bay Airstrip to beach trail; and Yantarni Bay
Airstrip to oil well site trail. Maps of the above areas are available
from the Refuge Manager.
(iii) Subject to the weight and size restrictions listed in (i)
above, subsistence use of off-road vehicles, as authorized by 50 CFR
36.12(a) is allowed throughout the Alaska Peninsula/Becharof National
Wildlife Refuge Complex.
(3) Camping is permitted on the Refuge Complex subject to the
following restrictions:
(i) These camping limits do not apply to subsistence users except
at Big Creek where they apply to all refuge complex users.
(ii) No permanent improvements may be made to campsites without a
special use permit. All materials brought on to the refuge complex must
be removed upon cessation of camping unless authorized by a special use
permit.
(iii) Other than reserved sites authorized by special use permits,
camping at one location is limited to seven consecutive nights from
August 1 through November 15 within \1/4\ mile of the following waters:
Becharof Lake in the Severson Peninsula area (Island Arm); Becharof
Lake Outlet; Ugashik Narrows; Big Creek; Gertrude Lake; and Gertrude
Creek between Gertrude Lake and the King Salmon River. Maps of the
[[Page 29498]]
above areas are available from the Refuge Manager.
(iv) Tent camps must be moved a minimum of one mile following each
seven-night camping stay during the periods specified above.
(4) Temporary facilities may be authorized on the Alaska Peninsula/
Becharof National Wildlife Refuge Complex by special use permit only,
subject to the following conditions:
(i) Except for administrative or subsistence purposes, new
temporary facilities are prohibited within \1/4\ mile of the Becharof
Lake shoreline.
(ii) Except for administrative purposes, new temporary facilities
are prohibited in the following areas: within \1/4\ mile of the
shorelines of Gertrude Lake and Long Lake; within \1/4\ mile of the
airstrip on the south side of the King Salmon River approximately \1/2\
mile above the confluence of Gertrude Creek and the King Salmon River;
within \1/4\ mile of the shoreline of Upper and Lower Ugashik Lakes;
within \1/4\ mile of the shoreline of Becharof Lake outlet; and within
\1/4\ mile of the shoreline of Big Creek. Maps of the above areas are
available from the Refuge Manager.
* * * * *
Dated: April 25, 1996.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 96-14775 Filed 6-10-96; 8:45 am]
BILLING CODE 4310-55-P
Complete official Federal Register PDF
FR Doc. 96-14773 Testing Consent Order For Alkyl Glycidyl Ethers; Technical Amendment
[Federal Register Volume 61, Number 113 (Tuesday, June 11, 1996)]
[Rules and Regulations]
[Pages 29486-29488]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14773]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 799
[OPPTS-42185A; FRL 5368-3]
RIN 2070-AB94
Testing Consent Order For Alkyl Glycidyl Ethers; Technical
Amendment
AGENCY: Environmental Protection Agency (EPA).
[[Page 29487]]
ACTION: Final consent agreement and order; technical amendment.
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SUMMARY: EPA is issuing a technical amendment to the final rule
published in the Federal Register on March 22, 1996 (61 FR 11740)
announcing the testing consent order and enforceable consent agreement
(ECA) for alkyl glycidyl ethers (AGEs) in order to reflect the export
notification provision of the ECA. Under the ECA, export notification
is required for all AGEs represented by the test substance in the ECA.
EFFECTIVE DATE: June 11, 1996.
FOR FURTHER INFORMATION CONTACT: Susan B. Hazen, Director,
Environmental Assistance Division (7408), Office of Pollution
Prevention and Toxics, Rm. ET-543B, U.S. Environmental Protection
Agency, 401 M St., SW., Washington, DC 20460; telephone: (202) 554-
1404, TDD: (202) 554-0551; e-mail: TSCAH[email protected]. For
technical information contact: Keith Cronin, Project Manager, Chemical
Control Division (7405), Office of Pollution Prevention and Toxics,
U.S. Environmental Protection Agency, 401 M St., SW., Washington, DC
20460, telephone: 202-260-8157, fax: 202-260-1096, e-mail:
[email protected].
SUPPLEMENTARY INFORMATION: EPA is issuing a technical amendment to the
notice announcing the testing consent order (Order) incorporating the
ECA for AGEs that was published in the Federal Register on March 22,
1996 (61 FR 11740) (FRL-5356-7). Under the terms of the ECA, Air
Products and Chemicals, Inc., Callaway Chemical Company, Ciba-Geigy
Corporation, CVC Specialty Chemicals, and Shell Chemical Company (the
Companies) agreed to perform certain health effects tests on alkyl
(C12-C13) glycidyl ether (CAS No. 120547-52-6), as a
representative of subcategory II-A (the AGEs) of EPA's proposed test
rule for the category glycidol and its derivatives (56 FR 57144,
November 7, 1991). A summary of the ECA and its background are provided
in the Federal Register notice of March 22, 1996.
The March 22, 1996 Federal Register notice was supposed to
summarize the exact terms of the ECA and add the names of the affected
chemicals to the list of chemical substances and mixtures in 40 CFR
799.5000 for which export notification is required under 40 CFR 799.19;
however, the notice inadvertently contained a different export
notification provision than that contained in the ECA. The ECA requires
export notification for all members of the AGEs subcategory; the
Federal Register notice indicates that export notification is required
solely for alkyl (C12-C13) glycidyl ether. This notice
corrects the export notification provision set forth in the March 22,
1996 Federal Register notice to reflect the export notification
provision of the ECA.
Accordingly, Unit V, ``Export Notification'', of the March 22, 1996
Federal Register notice is corrected to read as follows:
The issuance of the ECA and Order subjects any persons who export
or intend to export AGEs, of any purity, to the export notification
requirements of section 12(b) of TSCA. The listing of a chemical
substance or mixture at 40 CFR 799.5000 serves as notification to
persons who export or intend to export such chemical substance or
mixture that the substance or mixture is the subject of an ECA and
Order and that 40 CFR part 707 applies.
This notice also amends 40 CFR 799.5000 to add the AGEs,
represented by alkyl (C12-C13) glycidyl ether, to the list of
chemicals for which export notification is required. Alkyl (C12-
C13) glycidyl ether was added to the list by the March 22, 1996
Federal Register notice and remains on the list.
List of Subjects in 40 CFR Part 799
Environmental protection, Chemicals, Hazardous substances,
Reporting and recordkeeping requirements.
Dated: May 29, 1996.
Lynn R. Goldman,
Assistant Administrator for Prevention, Pesticides, and Toxic
Substances.
Therefore, title 40 of the Code of Federal Regulations, chapter I,
subchapter R, part 799 is amended as follows:
PART 799--[AMENDED]
1. The authority citation for part 799 continues to read as
follows:
Authority: 15 U.S.C. 2603, 2611, 2625.
2. Section 799.5000 is amended by adding to the table in CAS number
order the following members of the alkyl glycidyl ethers subcategory of
the category glycidol and its derivatives, as represented by alkyl
(C12-C13) glycidyl ether (CAS No. 120547-52-6): lauryl
glycidyl ether (CAS No. 2461-18-9); hexadecyl glycidyl ether (CAS No.
15965-99-8); n-octadecyl glycidyl ether (CAS No. 16245-97-9);
tetradecyl glycidyl ether (CAS No. 38954-75-5); alkyl (C10-
C16) glycidyl ether (CAS No. 68081-84-5); and alkyl (C12-
C14) glycidyl ether (CAS No. 68609-97-2). The amendment to the
table reads as follows:
Sec. 799.5000 Testing consent orders for substances and mixtures with
Chemical Abstract Service Registry Numbers.
* * * * *
----------------------------------------------------------------------------------------------------------------
Substance or mixture
CAS Number name Testing FR publication date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
2461-18-9............................ Lauryl Glycidyl Health Effects......... June 11, 1996
Ether\1\.
15965-99-8........................... Hexadecyl Glycidyl Health Effects......... June 11, 1996
Ether\1\.
16245-97-9........................... n-Octadecyl Glycidyl Health Effects......... June 11, 1996
Ether\1\.
38954-75-5........................... Tetradecyl Glycidyl Health Effects......... June 11, 1996
Ether\1\.
68081-84-5........................... Alkyl (C10-C16) Health Effects......... June 11, 1996
Glycidyl Ether\1\.
68609-97-2........................... Alkyl (C12-C14) Health Effects......... June 11, 1996
Glycidyl Ether\1\.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ As represented by alkyl (C12-C13) glycidyl ether (CAS No. 120547-52-6)
[[Page 29488]]
[FR Doc. 96-14773 Filed 6-10-96; 8:45 am]
BILLING CODE 6560-50-F
Complete official Federal Register PDF
FR Doc. 96-14772 Viruses, Serums, and Toxins and Analogous Products; Master Labels
[Federal Register Volume 61, Number 113 (Tuesday, June 11, 1996)]
[Rules and Regulations]
[Pages 29462-29465]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14772]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Parts 101 and 112
[Docket No. 93-167-2]
Viruses, Serums, and Toxins and Analogous Products; Master Labels
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are amending the regulations regarding the packaging and
labeling of veterinary biologicals to implement the use of a master
label. The use of a master label system will reduce the number of
copies of labels that are required to be submitted for review and
approval, and allow labels with certain minor revisions to be used
sooner than would be possible under the current regulations. A
definition of ``master label'' is added to the regulations. In the
final rule, the provision for the use of labels with certain minor
changes prior to APHIS approval is extended to include previously
approved lebels.
The amendments are necessary in order to improve label approval
procedures by establishing a master label system. The effect of the
amendment will be to streamline the procedure for requesting and
receiving approval to use new or revised labels for veterinary
biologicals.
EFFECTIVE DATE: July 11, 1996.
FOR FURTHER INFORMATION CONTACT:
Dr. David A. Espeseth, Deputy Director, Veterinary Biologics, APHIS,
BBEP, 4700 River Road, Unit 148, Riverdale, MD 20737-1237, (301) 734-
8245.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 9 CFR part 112 pertain to the packaging and
labeling of veterinary biologicals. The regulations require that all
labels for veterinary biologicals be submitted and reviewed for
compliance with the regulations and approved in writing prior to use.
The Animal and Plant Health Inspection Service (APHIS) has issued
licenses under the Virus-Serum-Toxin Act (21 U.S.C. 151-159) for some
2300 veterinary biological products. Each licensed biological product
is required to have approved packaging and labeling applicable to a
variety of container sizes, trade names, producers, subsidiaries, and
distributors.
On March 17, 1995, we published in the Federal Register (60 FR
14392-14395, Docket No. 93-167-1) a proposal to amend the regulations
regarding the packaging and labeling of veterinary biologicals to
implement the use of a master label system. The use of a master label
system would reduce the number of copies of labels that are required to
be submitted for review and approval, and would allow labels with
certain minor revisions to be used sooner than would be possible under
the current regulations. A definition of ``master label'' would be
added to the regulations. The amendments are necessary in order to
improve label approval procedures by establishing a master label
system. The effect of the amendment would be to steamline the procedure
for requesting and receiving approval to use new or revised labels for
veterinary biologicals.
We solicited comments concerning our proposal for 60 days ending
May 16, 1995. We received six comments by that date. They were from
producers of veterinary biologics. The comments are discussed below.
Analysis of Comments and APHIS' Response
Two commenters supported the proposed rule without change. Four
commenters commended the agency for its efforts to streamline and
modernize the labeling regulations.
Two commenters suggested that changes to the manufacturer's name
and address should be considered minor label changes that would allow
label use prior to its submission to and approval by APHIS. APHIS does
not agree with this comment. A change to the name and address of the
manufacturer is deemed a major label change. Every applicant for a
veterinary biologics establishment license must file an APHIS Form
2001, Application for United States Veterinary Biologics Establishment
License. The information required by this form includes the name and
address of the applicant, all subsidiaries and divisions, and locations
of all premises to be used for preparation, testing, and initial
shipping. This information is included in the establishment license
when issued. A change to the name and address of the manufacturer
requires a new APHIS Form 2001 to be filed (9
[[Page 29463]]
CFR 102.3(a)(6)) to effect a change in the establishment license before
such label changes would be approved.
Also, the name and address of the manufacturer provides consumers
with one of the necessary items of identification of a product if they
wish to file a consumer complaint about a particular product. APHIS has
issued veterinary biologics establishment licenses to 114 manufacturers
for some 2300 veterinary biological products, including bacterins,
vaccines, and diagnostic test kits. Consumers report complaints of
veterinary biological products to the licensee, Veterinary Biologics
Field Operations, other units within APHIS, and to the U.S.
Practitioners Reporting System of the American Veterinary Medical
Association. The minimum amount of information that these entities need
to initiate an investigation of these complaints is the name and
address of the manufacturer and the name of the product. For the
reasons states above, this information must first be submitted to APHIS
before such information appears on the label.
APHIS is aware that mergers and acquisitions often result in the
need to submit hundreds of new labels to change the manufacturer's name
and address. This final rule will reduce the number of new labels that
will need to be submitted in such cases, but will not permit the use of
such labels until they have been reviewed and filed by APHIS. APHIS is
aware of the inconvenience that this may cause, but believes that this
is a necessary requirement. No change to the regulations is made in
response to this comment.
The same commenter also requested that changes to the distributor's
name, address, and phone number be included under minor label changes.
APHIS does not agree. Products sold through a distributor are often
traced under the distributor's name, address, and phone number. Thus,
APHIS should be aware of and have on file the most current name,
address, and phone number of distributors of biological products and
not have to wait 60 days for the submission of this information. No
change is made in response to this comment.
In addition, the commenter requested that label changes to type
font, font size (so long as the size change does not cause any element
to overshadow the true name), and trade name be included among minor
label changes. Again, APHIS does not agree. Changes to the type font
often lead to a difference in interpretation of the meaning of
``prominence'' in that no element on a label may be more ``prominent''
than the true name. Trade names often allow consumers to recognize a
specific product. Trade names also may suggest special qualities or
ingredients about products which may render the product label false or
misleading. Thus, APHIS feels that a pre-review of trade names will
assure that labels are not false and misleading. Consumer contacts or
reports about biological products are often based on a product's trade
name. APHIS is informed of new trade names through the label approval
process. If new trade names are used on product labels before approval,
APHIS may not be able to identify the product if the product becomes
involved in a complaint. No change to the regulations is made in
response to this comment.
One commenter remarked that the master label concept will lead to
the submission of master labels for all labels in order to take
advantage of the provision allowing label use prior to APHIS approval.
The commenter concluded that this would lead to more paperwork
submission for the firm. This is not the intent of the rule. The
proposed rule may have been drawn too narrowly in its focus on master
labels and the use of certain labels prior to approval by APHIS. There
is no good reason why the provision allowing the use of certain labels
prior to APHIS approval should be restricted to labels filed as master
labels. In response to the commenter, we are amending the proposal so
that it will apply to either ``approved labels or master labels.'' The
introductory paragraph in Sec. 112.5 is also amended to be consistent
with this change. This amendment will make unnecessary the resubmission
of currently approved labels for reapproval as master labels to take
advantage of the provision of allowing use prior to approval, will
avoid the additional paperwork that could result, and is consistent
with our original intent.
One commenter requested that the rule continue to specify that ``at
least'' a certain number of copies of labels be submitted for approval
since manufacturers sometimes need additional approved copies of labels
when machine copies are not acceptable. In response to this comment,
the proposed rule merely specifies the minimum number of copies that
need to be submitted to APHIS for review and approval. APHIS will
process additional copies if requested by a manufacturer. No change to
the regulations is made in response to this comment.
Finally, one commenter believed that there was a discrepancy
between the proposed rule and Veterinary Services Memorandum 800.54,
dated August 31, 1988, concerning small labels. APHIS does not agree.
APHIS' intent in this rule is to have the master label be based on the
smallest size label that is identical in text to that of all other size
labels. In the case of labels that are too small for full instructions
for use, these exceptionally small labels may differ in text from the
labels referred to under the rule and would not qualify as master
labels. Such labels would be required to be submitted separately for
review. No change to the regulations is made in response to this
comment.
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 determined to be not significant for purposes of
Executive Order 12866 and, therefore, has not been reviewed by the
Office of Management and Budget.
Pursuant to requirements set forth in the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.), APHIS has considered the economic impact on
small entities.
The rule amends the regulations for the review and approval of
veterinary biological product labels by providing for a master label
system. The current regulations in part 112 require the submission and
approval of all labels for each biological product to be marketed. The
approval of the smallest size container label for the product as a
prototype master label would reduce the need for licensees producing
veterinary biologicals to submit for approval additional copies of
labels for each size of the product.
The approval of a master label eliminates the need to submit labels
for larger container sizes of the same product, provided that such
labels are identical to the master label, except for physical
dimensions, and provided that additional container sizes are authorized
in a filed Outline of Production.
This rule also allows certain specified minor revisions to be made
in labels for products with approved labels or master labels and the
revised labels used without prior written approval from APHIS with the
provision that new labels or master labels be submitted to APHIS for
review and approval within 60 days use of the revised label.
One effect of the rule will be to reduce the number of copies of
labels that need to be submitted and reviewed. Most biological products
are marketed in two or three different size containers. Currently, each
label for each container
[[Page 29464]]
must be submitted for approval. Under the master label system, only
labels for the smallest size container need to be submitted, thus
reducing by two to three-fold the number of labels that need to be
submitted by manufacturers for review by APHIS. Another effect will be
to eliminate the delay required in obtaining APHIS approval prior to
the use of labels with certain specified minor changes.
The rule will not have any adverse economic impact since the
submission of product labels for approval is already required under
Sec. 112.5 of the regulations. Section 112.5 currently specifies that
all labels shall be reviewed and approved prior to use. The amendments
will simplify the process of label approvals and reduce the time and
expense needed to get a product to market, particularly in the case of
certain minor revisions of labels.
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 final rule has been reviewed under Executive Order 12778,
Civil Justice Reform. It is not intended to have retroactive effect.
This rule would not preempt any State or local laws, regulations, or
policies, unless they present an irreconcilable conflict with this
rule. There are no administrative procedures which must be exhausted
prior to a judicial challenge to the provisions of this rule.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.), the information collection or recordkeeping requirements
included in this rule have been approved by the Office of Management
and Budget (OMB), and there are no new requirements. The assigned OMB
control number is 0579-0013.
Executive Order 12372
This program/activity is listed in the Catalog of Federal Domestic
Assistance under No. 10.025 and is subject to Executive Order 12372,
which requires intergovernmental consultation with State and local
officials (See 7 CFR part 3015, subpart V.)
List of Subjects
9 CFR Part 101
Animal biologics.
9 CFR Part 112
Animal biologics, Exports, Imports, Reporting and recordkeeping
requirements.
Accordingly, 9 CFR parts 101 and 112 are amended as follows:
PART 101--DEFINITIONS
1. The authority citation for part 101 continues to read as
follows:
Authority: 21 U.S.C. 151-159; 7 CFR 2.22, 2.80, and 371.2(d).
2. Section 101.4 is amended by adding a new paragraph (h) to read
as follows:
Sec. 101.4 Labeling terminology.
* * * * *
(h) Master label. The finished carton, container, or enclosure
label for the smallest size final container that is authorized for a
biological product, that serves as the Master template label applicable
to all other size containers or cartons of the same product that is
marketed by a licensee, subsidiary, division, or distributor.
PART 112--PACKING AND LABELING
3. The authority citation for part 112 continues to read as
follows:
Authority: 21 U.S.C. 151-159; 7 CFR 2.22, 2.80, and 371.2(d).
4. Section 112.5 is amended as follows:
a. The introductory text is revised to read as set forth below.
b. Paragraph (c) is revised to read as set forth below.
c. Paragraphs (d)(1) is revised.
d. Paragraph (d)(2)(iii)(a) is revised to read as set forth below.
e. Paragraph (d)(3)(ii)(a) is revised to read as set forth below.
f. In Sec. 112.5, paragraph (d)(2)(iii)(b) is redesignated
paragraph (d)(2)(iii)(B), paragraph (d)(3)(i)(a) is redesignated
paragraph (d)(3)(i)(A), paragraph (d)(3)(i)(b) is redesignated
paragraph (d)(3)(i)(B), and paragraph (d)(3)(ii) is revised to read as
set forth below.
g. Paragraph (d)(3)(iii) is revised to read as set forth below.
h. Paragraph (d)(4) is revised to read as set forth below.
i. Paragraph (g) is added to read as set forth below.
j. Section 112.5 is amended by adding at the end of the section an
OMB control number as set forth below.
Sec. 112.5 Review and approval of labeling.
Labels used with biological products prepared at licensed
establishments or imported for general distribution and sale must be
submitted to the Animal and Plant Health Inspection Service for review
for compliance with the regulations and approval in writing prior to
use, except as provided in paragraph (c) of this section and under the
master label system provided in paragraph (d) of this section.
* * * * *
(c) (1) Labels must be submitted to the Animal and Plant Health
Inspection Service for review and written approval. Only labels which
are approved as provided in Sec. 112.5(d) may be used. When changes are
made in approved labels, the new labels shall be subject to review and
approval before use: Provided, That certain minor changes may be made
in labels for products with approved labels or master labels, and the
revised labels may be used prior to review by APHIS, with the provision
that a new label or master label bearing these changes is submitted to
APHIS for review and written approval within 60 days of label use, and
that such minor changes do not render the product mislabeled or the
label false and misleading in any particular.
(2) Minor label changes that may be made under the provision for
products with approved labels or master labels are:
(i) Changes in the physical dimensions of the label provided that
such change does not affect the legibility of the label;
(ii) Change in the color of label print, provided that such change
does not affect the legibility of the label;
(iii) The addition or deletion of a Trade Mark (TM) or Registered
(R) symbol;
(iv) The correction of typographical errors;
(v) Adding or changing control numbers of bar codes; and
(vi) Revising or updating logos.
* * * * *
(d) (1) * * *
(i) For label sketches, submit two copies of each sketch of a final
container label, carton label, and enclosure. Sketches must be legible,
and must include all information specified in Sec. 112.2. One copy of
each sketch will be returned with applicable comments, and one copy
will be held on file by APHIS for no more than one year after
processing, until replaced by a finished label: Provided, That sketches
submitted in support of an application for a license or permit shall be
held as long as the application is considered active.
(ii) For master label sketches, submit for each product two copies
of each sketch of an enclosure, label for the smallest size final
container, and carton label; Provided, That labels for larger
[[Page 29465]]
size containers and/or cartons that are identical, except for physical
dimensions, need not be submitted. One copy of each master label sketch
will be returned with applicable comments, and one copy will be held on
file by APHIS for one year after processing, until replaced by a
finished master label that is submitted according to
Sec. 112.5(d)(1)(iii): Provided, That master label sketches submitted
in support of an application for license or permit shall be held as
long as the application is considered active.
(iii) For finished labels, submit three copies of each finished
final container label, carton label, and enclosure: Provided, That when
an enclosure is to be used with more than one product, one extra copy
shall be submitted for each additional product. Two copies of each
finished label will be retained by APHIS. One copy will be stamped and
returned to the licensee. Labels to which exceptions are taken shall be
marked as sketches and handled under Sec. 112.5(d)(1)(i).
(iv) For finished master labels, submit for each product three
copies each of the enclosure and the labels for the smallest size final
container and carton. Labels for larger sizes of containers or cartons
of the same product that are identical, except for physical dimensions,
need not be submitted. Such labels become eligible for use, concurrent
with the approval of the appropriate finished master label: Provided,
That the marketing of larger sizes of final containers is approved in
the filed Outline of Production, and the appropriate larger sizes of
containers or cartons are identified on the label mounting sheet. When
a master label enclosure is to be used with more than one product, one
extra copy for each additional product shall be submitted. Two copies
of each finished master label will be retained by APHIS. One copy will
be stamped and returned to the licensee. Master labels to which
exceptions are taken will be marked as sketches and handled under
Sec. 112.5(d)(1)(ii).
* * * * *
(2) * * *
(iii)(A) When two final containers are packaged together in a
combination package, the labels for each shall be mounted on the same
sheet of paper and shall be treated as one label. For diagnostic test
kits, the labels for use on the individual reagent containers to be
included in the kit shall be mounted together on a single sheet of
paper, if possible; if necessary, a second sheet of paper may be used.
The carton label and enclosure shall be mounted on separate individual
sheets.
* * * * *
(3) * * *
(ii)(A) Designation of the specimen as a label or master label:
sketch, final container label, carton label, or enclosure.
(B) If two final container labels or multiple parts are on one
sheet, each shall be named, and the label or part being revised shall
be designated.
(iii) Size of package (dose, ml., cc., or units) for which the
labels or enclosures are to be used.
(4) To appear on the bottom of each page: The reason for and
information relevant to the submission shall be stated in the lower
left hand corner as:
(i) Master label dose sizes approved for code ____________.
(ii) Replacement for label, master label, and/or sketch No.
____________.
(iii) Reference to label or master label No. ____________.
(iv) Addition to label No. ____________.
(v) License Application Pending ____________.
(vi) Foreign Language copy of Label No. ____________.
* * * * *
(g) At the time of an inspection, or when requested by APHIS,
licensees or permittees shall make all labels and master labels,
including labels approved for use but exempted from filing under the
master label system, available for review by authorized inspectors.
Such labels shall be identical to the approved label or master label
except for physical dimensions, reference to recoverable volume or
doses and/or certain minor differences permitted in accordance with
Sec. 112.5(c).
(Approved by the Office of Management and Budget under control
number 0579-0013)
5. In Sec. 112.7, paragraphs (c)(2) and (d)(6) are revised to read
as follows:
Sec. 112.7 Special additional requirements.
* * * * *
(c) * * *
(2) Subsequent revaccination as determined from the results of
duration of immunity studies conducted as prescribed in Sec. 113.209,
paragraph (b) or (c), or both.
* * * * *
(d) * * *
(6) Subsequent revaccination as determined from the results of
duration of immunity studies conducted as prescribed in Sec. 113.312,
paragraph (b) or (c), or both.
* * * * *
Sec. 112.7 [Amended]
6. Section 112.7 is amended by adding at the end of the section the
following: ``(Approved by the Office of Management and Budget under
control number 0579-0013).''
Done in Washington, DC, this 5th day of June 1996.
Terry L. Medley,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 96-14772 Filed 6-10-96; 8:45 am]
BILLING CODE 3410-34-M
Complete official Federal Register PDF
FR Doc. 96-14764 Protection of Stratospheric Ozone
[Federal Register Volume 61, Number 113 (Tuesday, June 11, 1996)]
[Rules and Regulations]
[Pages 29485-29486]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14764]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 82
[FRL-5518-1]
Protection of Stratospheric Ozone
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of extension of stay.
-----------------------------------------------------------------------
SUMMARY: This action temporarily extends a stay of the effectiveness of
a certain reporting requirement in the petition process for the import
of used class I controlled substances, but only extends the stay to the
extent necessary to complete reconsideration (including any appropriate
regulatory action) of the requirement. In the Federal Register
published January 31, 1996, EPA announced, pursuant to Clean Air Act
section 307(d)(7)(B), a three-month administrative stay and
reconsideration of this reporting requirement (61 FR 3316). The
provision at issue is 40 CFR 82.13(g)(2)(viii), promulgated under
sections 604 and 606 of the Clean Air Act, which requires the importer
of a used class I controlled substance to certify that the purchaser of
the controlled substance is liable for the tax.
In the same Federal Register published January 31, 1996, pursuant
to Clean Air Act section 301(a)(1), EPA proposed an extension of the
stay beyond the three-month administrative stay, but only to the extent
necessary to complete reconsideration (including any appropriate
regulatory action) of the rule in question (61 FR 3361). This action
finalizes the proposed extension. Sufficient concerns have been raised
regarding this provision that EPA believes it is appropriate not only
to reconsider the provision, but also to stay the requirement during
the period of reconsideration, which will extend beyond the three-month
period provided under the administrative stay.
EFFECTIVE DATE: July 11, 1996.
FOR FURTHER INFORMATION CONTACT: Tom Land, Stratospheric Protection
Division, Office of Air and Radiation, U.S. Environmental Protection
Agency (6205-J), 401 M Street, SW., Washington, DC 20460, (202) 233-
9185. The Stratospheric Ozone Information Hotline at 1-800-296-1996 can
also be contacted for further information.
SUPPLEMENTARY INFORMATION:
Regulated Entities
Entities potentially regulated by this action are those that wish
to import used class I controlled ozone-depleting substances. Class I
controlled ozone-depleting substances are listed in Appendix A of the
Federal Register published May 10, 1995 (60 FR 4970). Regulated
categories and entities include:
------------------------------------------------------------------------
Category Examples of regulated entities
------------------------------------------------------------------------
Industry............................ Importers of used class I ozone-
depleting substances.
------------------------------------------------------------------------
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. This table lists the types of entities that EPA is now aware
could potentially be regulated by this action. Other types of entities
not listed in the table could also be regulated. To determine whether
your company is regulated by this action, you should carefully examine
the applicability criteria in Sec. 82.13(g)(2) of the rule and/or
applicability criteria in Sec. 82.13(g)(2) of title 40 of the Code of
[[Page 29486]]
Federal Regulations. If you have questions regarding the applicability
of this action to a particular entity, consult the person listed in the
preceding FOR FURTHER INFORMATION CONTACT section.
I. Background
In the Federal Register published January 31, 1996, EPA announced
that, pursuant to Clean Air Act section 307(d)(7)(B), 42 U.S.C.
7607(d)(7)(B), the Agency was convening a proceeding for
reconsideration of 40 CFR 82.13(g)(2)(viii), which requires an importer
petitioning to import used class I controlled substances to certify
that the purchaser of the controlled substance is liable for the tax
(61 FR 3316). EPA had promulgated this provision as a final federal
rule on May 10, 1995, under sections 604 and 606 of the Clean Air Act
(60 FR 24970). Readers should refer to the notice of reconsideration
for a complete discussion of the background and provision affected. In
the notice of reconsideration EPA also announced a three-month
administrative stay of the effectiveness of 40 CFR 82.13(g)(2)(viii)
during reconsideration, pursuant to Clean Air Act section 307(d)(7)(B),
42 U.S.C. 7607(d)(7)(B). In an accompanying notice, EPA proposed to
extend the stay beyond the three-month administrative stay, pursuant to
Clean Air Act section 301(a)(1), 42 U.S.C. 7601(a)(1), but only to the
extent necessary to complete reconsideration (including any appropriate
regulatory action) of the rule in question (61 FR 3361). EPA received
one comment on this proposal, which is addressed below.
EPA did not complete reconsideration (including appropriate
regulatory action) within the three-month period of the administrative
stay, and is now extending the stay of this provision until the Agency
completes reconsideration. The stay will extend until the effective
date of EPA's final action following reconsideration of this rule.
EPA is staying the reporting requirement contained in 40 CFR
82.13(g)(2)(viii) and associated compliance dates in order to complete
reconsideration of this provision, and take appropriate action,
following the notice and comment procedures of section 307(d) of the
Clean Air Act. If, after reconsideration of this provision, EPA
determines that it is appropriate to impose new requirements that are
stricter than the existing rules, EPA will propose an adequate
compliance period from the date of final action on reconsideration. EPA
will seek to ensure that the affected parties are not unduly prejudiced
by the Agency's reconsideration. EPA expects that any EPA proposal
regarding changes to the tax liability certification requirement for a
petition for the import of used class I controlled substances would be
subject to the notice and comment procedures of Clean Air Act section
307(d).
II. Comments
EPA received only one comment on the proposed extension of the
stay. The commenter stated that further reconsideration of the
reporting requirement is unnecessary because ``the Internal Revenue
Service (IRS) has subsequently clarified that the tax is, indeed, due
upon first sale or use after import.'' The commenter also stated that
it supports EPA's petition process requiring all importers of used
Class I substances to supply information to the Agency, including the
certification of liability for the tax. The commenter was concerned
that delay in imposing the full petition requirements could result in
additional illegal CFCs entering the U.S.
EPA believes that a stay of the provision is appropriate to ensure
that the Agency meets the procedural requirements for rulemaking and
because a temporary stay should not unduly hinder EPA's enforcement of
the requirements for imports of used Class I substances. On May 31,
1995, PAACO International, Inc., an importer of used class I controlled
ozone-depleting substances, petitioned EPA for reconsideration of the
certification provision at issue. The petitioner asserted that EPA did
not give the public notice of the requirement and therefore it was
``impracticable to raise objections'' to the provision during the
public comment period. The petitioner also claimed that the objections
are of central relevance to the rule because it believes that
``purchasers'' are not liable for the tax, it could not certify
liability, and it could not conduct its business under the rule. EPA
granted the request for reconsideration and stay of the provision,
recognizing that the proposed rule did not discuss the possibility of a
certification of liability for taxes. EPA believes it would not be
appropriate to reimpose the provision prior to conducting a notice and
comment rulemaking on such provision.
Moreover, EPA believes the stay does not unduly hinder the Agency's
ability to control illegal imports of used class I controlled
substances. The stay only applies to the one certification requirement
in Sec. 82.13(g)(2)(viii), and the remainder of the petition
requirement remains intact. In addition, the stay is temporary, and
through the process of reconsidering the requirement, EPA will
determine whether to conduct a rulemaking to reimpose the certification
requirement or a variant thereof. To the extent that the comment urges
EPA to retain the certification requirement as is, EPA will take the
comment into account in reconsidering the certification requirement.
Thus, with today's action, EPA temporarily extends the stay of 40
CFR 82.13(g)(2)(viii) until EPA has completed final reconsideration
(including any appropriate regulatory action) of the rule in question.
List of Subjects in 40 CFR Part 82
Environmental protection, Administrative practice and procedure,
Air pollution control, Chemicals, Chlorofluorocarbons, Exports,
Hydrochlorofluorocarbons, Imports, Interstate commerce, Nonessential
products, Reporting and recordkeeping requirements, Stratospheric ozone
layer.
Dated: June 3, 1996.
Carol M. Browner,
Administrator.
Part 82, chapter I, title 40, of the Code of Federal Regulations,
is amended to read as follows:
PART 82--PROTECTION OF STRATOSPHERIC OZONE
1. The authority citation for part 82 continues to read as follows:
Authority: 42 U.S.C. 7414, 7601, 7671-7671q.
2. Section 82.13 is amended by adding paragraph (g)(2)(xi) to read
as follows:
Sec. 82.13 Recordkeeping and reporting.
* * * * *
(g) * * *
(2) (xi) Rules stayed for reconsideration. Notwithstanding any
other provisions of this subpart, the effectiveness of 40 CFR
82.13(g)(2)(viii) is stayed from July 11, 1996 until the completion of
the reconsideration of 40 CFR 82.13(g)(2)(viii).
* * * * *
[FR Doc. 96-14764 Filed 6-10-96; 8:45 am]
BILLING CODE 6560-50-P
Complete official Federal Register PDF
FR Doc. 96-14762 Amendment to Class E Airspace, Boone, IA
[Federal Register Volume 61, Number 113 (Tuesday, June 11, 1996)]
[Rules and Regulations]
[Pages 29472-29474]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14762]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
14 CFR Part 71
[Docket No. 96-ACE-6]
Amendment to Class E Airspace, Boone, IA
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Direct final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: This action amends the Class E airspace area at Boone
Municipal Airport, Boone, IA. The Federal Aviation Administration has
developed a Standard Instrument Approach Procedure (SIAP) based on the
Global Positioning System (GPS) which has made this change necessary.
The effect of this rule is to provide additional controlled airspace
for aircraft executing the new SIAP at Boone Municipal Airport.
DATES: Effective August 30, 1996.
[[Page 29473]]
Comment Date: Comments must be received on or before July 12, 1996.
ADDRESSES: Send comments regarding the rule in triplicate to: Manager,
Operations Branch, Air Traffic Division, ACE-530, Federal Aviation
Administration, Docket Number 96-ACE-530, Federal Aviation
Administration, Docket Number 96-ACE-6, 601 East 12th St., Kansas City,
MO 64106.
The official docket may be examined in the Office of the Assistant
Chief Counsel for the Central Region at the same address between 9:00
a.m. and 3:00 p.m., Monday through Friday, except federal holidays.
An informal docket may also be examined during normal business
hours in the Air Traffic Division at the same address listed above.
FOR FURTHER INFORMATION CONTACT:
Kathy Randolph, Air Traffic Division, Operations Branch, ACE-530C,
Federal Aviation Administration, 601 East 12th Street, Kansas City,
Missouri 64106: telephone: (816) 426-3408.
SUPPLEMENTARY INFORMATION: The FAA has developed a Standard Instrument
Approach Procedure (SIAP) utilizing the Global Positioning System (GPS)
at the Boone Municipal Airport, Boone, IA. The amendment to Class E
airspace at Boone, IA will provide additional controlled airspace to
segregate aircraft operating under Visual Flight Rules (VFR) from
aircraft operating under Instrument Flight Rules (IFR) procedures while
arriving or departing the airport. The area will be depicted on
appropriate aeronautical charts thereby enabling pilots to either
circumnavigate the area, continue to operate under VFR to and from the
airport, or otherwise comply with IFR procedures. Class E airspace
areas extending from 700 feet or more above the surface of the earth
are published in paragraph 6005 of FAA Order 7400.9C, dated August 17,
1995, and effective September 16, 1995, which is incorporated by
reference in 14 CFR 71.1 The Class E airspace designation listed in
this document will be published subsequently in the Order.
The Direct Final Rule Procedure
The FAA anticipates that this regulation will not result in adverse
or negative comment and therefore is issuing it as a direct final rule.
Previous actions of this nature have not been controversial and have
not resulted in adverse comments or objections. The amendment will
enhance safety for all flight operations by designating an area where
VFR pilots may anticipate the presence of IFR aircraft at lower
altitudes, especially during inclement weather conditions. A greater
degree of safety is achieved by depicting the area on aeronautical
charts. Unless a written adverse or negative comment, or a written
notice of intent to submit an adverse or negative comment is received
within the comment period, the regulation will become effective on the
date specified above. After the close of the comment period, the FAA
will publish a document in the Federal Register indicating that no
adverse or negative comments were received, confirming the date on
which the final rule will become effective. If the FAA does receive an
adverse or negative comment within the comment period, or written
notice of intent to submit such a comment, a document withdrawing the
direct final rule will be published in the Federal Register, and a
notice of proposed rulemaking may be published with a new comment
period.
Comments Invited
Although this action is in the form of a final rule and was not
preceded by a notice of proposed rulemaking, comments are invited on
this rule. Interested persons are invited to comment on this rule by
submitting such written data, views, or arguments as they may desire.
Communications should identify the Rules Docket number and be submitted
in triplicate to the address specified under the caption ADDRESSES. All
communications received on or before the closing date for comments will
be considered, and this rule may be amended or withdrawn in light of
the comments received. Factual information that supports the
commenter's ideas and suggestions is extremely helpful in evaluating
the effectiveness of this action and determining whether additional
rulemaking action would be needed.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the rule that might
suggest a need to modify the rule. All comments submitted will be
available, both before and after the closing date for comments in the
Rules Docket for examination by interested persons. A report that
summarizes each FAA-public contact concerned with the substance of this
action will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this rule must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket No. 96-ACE-6.'' The postcard will be date stamped and
returned to the commenter.
Agency Finding
The regulations adopted herein will not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government. Therefore, in
accordance with Executive Order 12612, it is determined that this final
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
The FAA has determined that this regulation is noncontroversial and
unlikely to result in adverse or negative comments. For the reasons
discussed in the preamble, I certify that this regulation (1) is not a
``significant regulatory action'' under Executive Order 12866; (2) is
not a ``significant rule'' under Department of Transportation (DOT)
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979);
and (3) if promulgated, will not have a significant economic impact,
positive or negative, on a substantial number of small entities under
the criteria of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference, Navigation (air).
Adoption of the Amendment
Accordingly, the Federal Aviation Administration amends part 71 of
the Federal Aviation Regulations (14 CFR part 71) as follows:
PART 71--AMENDED
1. The authority citation for part 71 continues to read as follows:
Authority: 49 U.S.C. 106(g); 40103, 40113, 40120; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389; 14 CFR 11.69.
Sec. 71.1 [Amended]
2. The incorporation by reference in 14 CFR 71.1 of Federal
Aviation Administration Order 7400.9C, Airspace Designations and
Reporting Points, dated August 17, 1995, and effective September 16,
1995, is amended as follows:
Paragraph 6005 Class E airspace areas extending upward from 700
feet or more above the surface of the earth.
* * * * *
ACE IA ES Boone, IA [Revised]
Boone Municipal Airport, IA
(lat. 42 deg.02'16'' N., long. 93 deg.50'51'' W.)
Boone NDB
(lat. 42 deg.03'16'' N., long. 93 deg.51'11'' W.)
That airspace extending upward from 700 feet above the surface
within a 6.6-mile
[[Page 29474]]
radius of Boone Municipal Airport and within 2.6 miles each side of
the 334 deg. bearing from the Boone NDB extending from the 6.6-mile
radius to 7 miles northwest of the airport.
* * * * *
Issued in Kansas City, MO on May 23, 1996.
Herman J. Lyons, Jr.,
Manager, Air Traffic Division Central Region.
[FR Doc. 96-14762 Filed 6-10-96; 8:45 am]
BILLING CODE 4910-13-M
Complete official Federal Register PDF
FR Doc. 96-14758 Honey Research, Promotion, and Consumer Information Order Amendment of the Rules and Regulations To Add HTS Code for Flavored Honey
[Federal Register Volume 61, Number 113 (Tuesday, June 11, 1996)]
[Rules and Regulations]
[Pages 29461-29462]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14758]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
7 CFR Part 1240
[AMS-FV-96-701.FR]
Honey Research, Promotion, and Consumer Information Order--
Amendment of the Rules and Regulations To Add HTS Code for Flavored
Honey
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule adds a new Harmonized Tariff Schedule (HTS) code
number for imported flavored honey to the rules and regulations issued
under the Honey Research, Promotion, and Consumer Information Order to
provide authority for the U.S. Customs Service to collect an assessment
on all imported, flavored honey.
EFFECTIVE DATE: July 12, 1996.
FOR FURTHER INFORMATION CONTACT: Richard B. Schultz, Research and
Promotion Branch, Fruit and Vegetable Division, AMS, USDA, P.O. Box
96456, Room 2535-So., Washington, D.C. 20090-6456; telephone (202) 720-
9915.
SUPPLEMENTARY INFORMATION: This rule is issued under the Honey
Research, Promotion, and Consumer Information Act, as amended [104
Stat. 3904, 7 U.S.C. 4601 et seq.], hereinafter referred to as the Act.
This rule has been issued in conformance with Executive Order
12866.
This rule has been reviewed under Executive Order 12778, Civil
Justice Reform. It is not intended to have retroactive effect. This
rule will not preempt any State or local laws, regulations, or
policies, unless they present an irreconcilable conflict with this
rule.
The Act provides that administrative proceedings must be exhausted
before parties may file suit in court. Under section 10 of the Act, a
person subject to an order may file a petition with the Secretary
stating that such order, any provision of such order, or any obligation
imposed in connection with such order is not in accordance with law;
and requesting a modification of the order or an exemption from the
order. Such person is afforded the opportunity for a hearing on the
petition. After the hearing, the Secretary would rule on the petition.
The Act provides that the district court of the United States in any
district in which such person is an inhabitant, or has a principal
place of business, has jurisdiction to review the Secretary's ruling on
the petition, provided that a complaint is filed within 20 days after
the date of entry of the ruling.
The Regulatory Flexibility Act (5 U.S.C. 601-612) requires the
Agency to examine the impact of a rule on small entities. Pursuant to 5
U.S.C. 605(b), the Agricultural Marketing Service (AMS) has certified
that the issuance of this final rule will not have a significant
economic effect on a substantial number of small entities.
The board estimates that 500,000 pounds of flavored honey are
imported annually at a market value of approximately $325,000 and will
result in an estimated $5,000 in assessments. This action will not
result in a major price increase or have significant adverse effects on
production or marketing.
There are an estimated 145 handlers, 510 producer-packers, 8,300
producers, and 350 importers who are currently subject to the
provisions of the Order. The majority of these persons may be
classified as small agricultural producers and small agricultural
service firms. Small agricultural producers are defined by the Small
Business Administration [13 CFR 121.601] as those having annual
receipts of less than $500,000, and small service firms are defined as
those having annual receipts of less than $5 million.
In accordance with the Paperwork Reduction Act [44 U.S.C. Chapter
35], and OMB regulations [5 CFR Part 1320], the information collection
and recordkeeping requirements contained in this action have been
previously approved under OMB control number 0581-0093.
Background
The Honey Research, Promotion, and Consumer Information Order
(Order) provides that each producer and importer shall pay to the Board
a one cent per pound assessment rate on honey and honey products
produced in or imported into the United States. Section 1240.5 of the
Order defines honey products as products wherein honey is a principal
ingredient.
In order for the U.S. Customs Service (Customs) to collect the
assessments on imported honey and honey products, each product needs to
be identified by an HTS Code. Since the Board inception, honey has been
assessed by Customs under HTS code number 0409.00.00. However, there
were no HTS codes for honey products.
The Board has identified flavored honey as a product containing
approximately 99 percent honey. The Board estimates that 500,000 pounds
of flavored honey are imported into the United States annually without
the importer paying the required assessment. Therefore, at the
recommendation of the Board, the Department requested the Committee for
Statistical Annotation of Tariff Schedules (Committee) on the
International Trade Commission to establish an HTS code for flavored
honey. The Committee notified the Department on February 13, 1996, that
a code has been established for flavored honey. The purpose of this
rule is to add the new HTS code for flavored honey to the rules and
regulations under the
[[Page 29462]]
Order to provide authority for Customs to collect the assessment on all
imported, flavored honey.
A proposed rule was published in the Federal Register on March 27,
1996, [60 FR 13463]. No comments were received on the proposal.
This rule adds the new 2106.90.9988 HTS code for flavored honey to
section 1240.115(e) of the rules and regulations issued under the
Order. Flavored honey would be assessed at the one-cent-per-pound rate.
A conversion factor is not necessary because the amount of honey in
flavored honey is estimated at 99 percent of the total product. Customs
will notify importers 60 to 90 days before it begins collecting the
assessment on flavored honey.
Pursuant to the provisions in 5 U.S.C. 553, it is found and
determined that good cause exists for not postponing the effective date
of this action until 30 days after publication in the Federal Register
because: (1) This action puts into effect an HTS Code for flavored
honey for the U.S. Customs Service to use in assessing imported
flavored honey; (2) flavored honey is currently being imported; (3) a
30-day comment period was provided and no comments were received; and
(4) no useful purpose would be served by a delay of the effective date.
After consideration of all relevant material presented, it is found
that this regulation, as hereinafter set forth, will tend to effectuate
the declared policy of the Act.
List of Subjects in 7 CFR Part 1240
Advertising, Agricultural research, Honey, Imports, Reporting and
recordkeeping requirements.
For the reasons set forth in the preamble, 7 CFR Part 1240 is
amended as follows:
PART 1240--HONEY RESEARCH, PROMOTION, AND CONSUMER INFORMATION
ORDER
1. The authority citation for 7 CFR Part 1240 continues to read as
follows:
Authority: 7 U.S.C. 4601-4612.
2. In Sec. 1240.115, paragraph (e) is revised to read as follows:
Sec. 1240.115 Levy of assessments.
* * * * *
(e) The U.S. Customs Service (USCS) will collect assessments on all
honey or honey products where honey is the principal ingredient
imported under its tariff schedule (HTS heading numbers 0409.00.00 and
21006.90.9988) at the time of entry or withdrawal for consumption and
forward such assessment as per the agreement between the USCS and USDA.
Any importer or agent who is exempt from payment of assessments
pursuant to Sec. 1240.42 (a) and (b) of the Order may apply to the
Board for reimbursement of such assessment paid.
* * * * *
Dated: June 3, 1996.
Robert C. Keeney,
Director, Fruit and Vegetable Division.
[FR Doc. 96-14758 Filed 6-10-96; 8:45 am]
BILLING CODE 3410-02-P
Complete official Federal Register PDF
FR Doc. 96-14755 Spearmint Oil Produced in the Far West; Revision of the Salable Quantity and Allotment Percentages for Class 1 (Scotch) Spearmint Oil the 1995-96 Marketing Year
[Federal Register Volume 61, Number 113 (Tuesday, June 11, 1996)]
[Rules and Regulations]
[Pages 29459-29461]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14755]
========================================================================
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. 113 / Tuesday, June 11, 1996 / Rules
and Regulations
[[Page 29459]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 985
[Docket No. FV96-985-1FIR]
Spearmint Oil Produced in the Far West; Revision of the Salable
Quantity and Allotment Percentages for Class 1 (Scotch) Spearmint Oil
the 1995-96 Marketing Year
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Agriculture (Department) is adopting as a
final rule, without change, the provisions of an interim final rule
increasing the quantity of Class 1 (Scotch) spearmint oil produced in
the Far West, that handlers may purchase from, or handle for, producers
during the 1995-96 marketing year. This rule was recommended by the
Spearmint Oil Administrative Committee (Committee), the agency
responsible for local administration of the marketing order for
spearmint oil produced in the Far West. The Committee recommended this
rule for the purpose of avoiding extreme fluctuations in supplies and
prices and thus help to maintain stability in the spearmint oil market.
EFFECTIVE DATE: July 11, 1996.
FOR FURTHER INFORMATION CONTACT: Robert J. Curry, Northwest Marketing
Field Office, Marketing Order Administration Branch, Fruit and
Vegetable Division, AMS, USDA, 1220 SW Third Avenue, room 369,
Portland, Oregon 97204-2807; telephone: (503) 326-2724; or Caroline C.
Thorpe, Marketing Order Administration Branch, Fruit and Vegetable
Division, AMS, USDA, room 2525, South Building, P.O. Box 96456,
Washington, D.C. 20090-6456; telephone: (202) 720-8139; Tershirra
Yeager, Marketing Order Administration Branch, Fruit and Vegetable
Division, AMS, USDA, Room 2525, South Building, P.O. Box 96456,
Washington, D.C. 20090-6456; telephone: (202) 690-0992.
SUPPLEMENTARY INFORMATION: This final rule is issued under Marketing
Order No. 985 (7 CFR Part 985), regulating the handling of spearmint
oil produced in the Far West (Washington, Idaho, Oregon, and designated
parts of California, Nevada, Montana, and Utah), hereinafter referred
to as the ``order.'' This order is effective under the Agricultural
Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674),
hereinafter referred to as the ``Act.''
The Department of Agriculture is issuing this rule in conformance
with Executive Order 12866.
This final rule has been reviewed under Executive Order 12778,
Civil Justice Reform. Under the provisions of the marketing order now
in effect, salable quantities and allotment percentages may be
established for classes of spearmint oil produced in the Far West. This
final rule increases the quantity of Scotch spearmint oil produced in
the Far West, by class, that may be purchased from or handled for
producers by handlers during the 1995-96 marketing year, which ends on
May 31, 1996. This final rule will not preempt any state or local laws,
regulations, or policies, unless they present an irreconcilable
conflict with this rule.
The Act provides that administrative proceedings must be exhausted
before parties may file suit in court. Under section 608c(15)(A) of the
Act, any handler subject to an order may file with the Secretary a
petition stating that the order, any provision of the order, or any
obligation imposed in connection with the order is not in accordance
with law and request a modification of the order or to be exempted
therefrom. A handler is afforded the opportunity for a hearing on the
petition. After the hearing the Secretary would rule on the petition.
The Act provides that the district court of the United States in any
district in which the handler is an inhabitant, or has his or her
principal place of business, has jurisdiction in equity to review the
Secretary's ruling on the petition, provided an action is filed not
later than 20 days after date of the entry of the ruling.
Pursuant to requirements set forth in the Regulatory Flexibility
Act (RFA), the Agricultural Marketing Service (AMS) has considered the
economic impact of this rule on small entities.
The purpose of the RFA is to fit regulatory actions to the scale of
business subject to such actions in order that small businesses will
not be unduly or disproportionately burdened. Marketing orders issued
pursuant to the Act, and rules issued thereunder, are unique in that
they are brought about through group action of essentially small
entities acting on their own behalf. Thus, both statutes have small
entity orientation and compatibility.
There are eight spearmint oil handlers who are subject to
regulation under the respective marketing order and approximately 260
producers of spearmint oil in the regulated production area. Of the 260
producers, approximately 160 producers hold Class 1 (Scotch) spearmint
oil allotment base, and approximately 145 producers hold Class 3
(Native) spearmint oil allotment base. Small agricultural service firms
have been defined by the Small Business Administration (13 CFR 121.601)
as those having annual receipts of less than $5,000,000, and small
agricultural producers are defined as those whose annual receipts are
less than $500,000. A minority of handlers and producers of Far West
spearmint oil may be classified as small entities.
The Far West spearmint oil industry is characterized by producers
whose farming operations generally involve more than one commodity and
whose income from farming operations are not exclusively dependent on
the production of spearmint oil. The U.S. production of spearmint oil
is concentrated in the Far West, primarily Washington, Idaho, and
Oregon (part of the area covered by the order). Spearmint oil is also
produced in the Midwest. The production area covered by the order
normally accounts for approximately 75 percent of the annual U.S.
production of spearmint oil.
This rule finalizes an interim final rule that increased the
quantity of Scotch spearmint oil that handlers may purchase from, or
handle for, producers during the 1995-96 marketing year, which ends on
May 31, 1996. This rule increases the salable quantity from 908,531
pounds to 997,317 pounds and the allotment percentage from 51
[[Page 29460]]
percent to 56 percent for Scotch spearmint oil for the 1995-96
marketing year.
The salable quantity is the total quantity of each class of oil
that handlers may purchase from, or handle for, producers during a
marketing year. The salable quantity calculated by the Committee is
based on the estimated trade demand. The total salable quantity is
divided by the total industry allotment base to determine an allotment
percentage. Each producer is allotted a share of the salable quantity
by applying the allotment base for the applicable class of spearmint
oil.
The initial salable quantity and allotment percentages for Scotch
and Native percentages for the 1995-96 marketing year were recommended
by the Committee at its October 5, 1994, meeting. The Committee
recommended salable quantities of 908,531 pounds and 906,449 pounds,
and allotment percentages of 51 percent and 46 percent, respectively,
for Scotch and Native spearmint oils. A proposed rule was published in
the December 15, 1994, issue of the Federal Register (59 FR 64625).
Comments on the proposed rule were solicited from interested persons
until January 17, 1995. No comments were received. Accordingly, based
upon analysis of available information, a final rule establishing the
Committee's recommendation as the salable quantities and allotment
percentage for Scotch and Native spearmint oils for the 1995-96
marketing year was published in the February 15, 1995, issue of the
Federal Register (60 FR 8524). The Committee met again on February 22,
1995, to recommend an increase in the salable quantity and allotment
percentage for Native spearmint oil. An interim final rule increasing
the salable quantity and allotment percentage for Native spearmint oil
by 98,527 and 5 percent, respectively, was published in the Federal
Register on April 14, 1995 (60 FR 18950). Comments were solicited on
the interim final rule until May 15, 1995. No comments were received.
Accordingly, based upon analysis of available information, a final rule
establishing as the salable quantity and allotment percentage for
Native spearmint oil for the 1995-96 marketing year was published in
the June 12, 1995, issue of the Federal Register (60 FR 30785).
Pursuant to authority contained in Secs. 985.50, 985.51, and 985.52
of the order, February 27, 1996, meeting, the Committee unanimously
recommended, that allotment percentage for Scotch spearmint oil for the
1995-96 marketing year be increased by 5 percent from 51 percent to 56
percent. The 1995-96 marketing year salable quantity of 908,531 pounds
would therefore be increased by 89,046 pounds to 997,317 pounds.
However, some Scotch spearmint oil producers did not produce all of
their individual salable quantities for the 1995-96 marketing year, or
fill their deficiencies from the prior year's production. The marketing
order authorizes such producers to have their deficiencies filled by
other producers who have production in excess of their salable
quantities. This is optional for producers, but must be done before
November 1 of each marketing year. Although the Scotch spearmint oil
salable quantity for 1995-96 was established at 908,531 pounds, only
887,093 pounds were actually made available. Unfilled deficiencies
totaled 21,178 pounds.
In addition, for the Scotch spearmint oil the total industry
allotment base of 1,781,433 pounds was revised to 1,780,923 pounds to
reflect loss of base due to non-production of their total annual
allotments. This adjustment resulted in a 510 pound loss of total
industry base, which is reflected in the calculations for the revised
salable quantity.
This final rule continues to permit an additional amount of Scotch
spearmint oil available by increasing the salable quantity which
releases oil from the reserve pool. Only producers with Scotch
spearmint oil in the reserve pool will be able to use this increase in
the salable quantity. Prior to November 1, 1995, producers without
reserve pool oil or producers with an insufficient supply of reserve
oil could have deficiencies in meeting their salable quantities filled
by producers having excess Scotch spearmint oil. If all producers could
use their salable quantity, this 5 percent increase in the allotment
percentage would have made an additional 89,046 pounds of Scotch
spearmint oil available. However, Scotch spearmint oil producers having
21,260 pounds of Scotch spearmint oil will not be able to use their
reserve pool deficiencies this marketing year. Thus, rather than 89,046
additional pounds being made available, this action makes 67,786
additional pounds of Scotch spearmint oil available to the market.
The following table summarizes the Committee recommendation:
Scotch Spearmint Oil Recommendation
(a) Actual Carry In on June 1, 1995: 150,637 pounds
(b) 1995-96 Salable Quantity: 908,531 pounds
(c) 1995-96 Available Supply: 1,059,168 pounds (a+b)
(d) Total Sales as of February 27, 1996: 883,959 pounds
(e) Calculated Available Supply as of February 27, 1996: 175,209 pounds
(c-d)
(f) Unfilled Deficiencies in producers' salable quantities prior to
November 1, 1995: 21,178 pounds
(g) Unusable salable quantities due to producers not having reserve
pool oil: 21,260 pounds
(h) Total Deficiency Affecting Salable Quantity: 42,438 pounds (f+g)
(i) Actual Available Supply (2/27/96): 153,771 pounds (e-f)
(j) Revised Total Allotment Base: 1,780,923 pounds
(k) Recommended Allotment Percentage (2/27/96): 56 percent
(l) Calculated Revised Salable Quantity: 997,317 pounds (j x k)
(m) Actual Oil Available as Salable Quantity: 954,879 pounds (l-h)
In making this latest recommendation, the Committee considered all
available information on supply and demand. The 1996-97 marketing year
begins on June 1, 1996. Handlers have indicated that with this action,
the available supply of both Scotch and Native spearmint oils appears
adequate to meet anticipated demand through May 31, 1996. However, with
increases in Scotch spearmint oil production elsewhere over the past
two years, the Committee has embarked on a strategy of maintaining an
abundance of Scotch spearmint oil available for market in an attempt to
regain lost market share. With 153,771 pounds of Scotch spearmint oil
available as of February 27, 1996, the Committee, believes that the
increase would ensure that ample supplies of Scotch spearmint oil are
available throughout the remainder of the current marketing year. When
the Committee made its initial recommendation for the establishment of
the Scotch spearmint oil salable quantity and allotment percentage for
the 1995-96 marketing year, it had anticipated that the year would end
with an ample available supply. An interim final rule was published in
the Federal Register [61 FR 15697]. Comments on the interim final rule
were solicited from interested persons until May 9, 1996. No comments
were received. With this latest revision, 221,557 pounds of Scotch
spearmint oil is made available. The Scotch spearmint oil is made
available for market during the remainder of the 1995-96 marketing
year.
The Department, based on its analysis of available information, has
determined
[[Page 29461]]
that an allotment percentage of 56 percent should be established for
Scotch spearmint oil for the 1995-96 marketing year. This percentage
will provide an increased calculated salable quantity of 997,317
pounds, the actual additional amount of Scotch spearmint oil being made
available by this final rule is 67,786 pounds. This results in an
actual salable quantity of 954,879 pounds of Scotch spearmint oil.
Therefore, based on available information, AMS has determined that
the issuance of this final rule will not have a significant economic
impact on a substantial number of small entities.
After consideration of all relevant matter presented, including
that contained in the prior proposed and final rules in connection with
the establishment of the salable quantity and allotment percentage for
Scotch and Native spearmint oils for the 1995-96 marketing year, the
Committee's recommendation and other available information, it is found
that to revise section 985.214 (60 FR 8524) to change the salable
quantity and allotment percentage for Scotch spearmint oil, as
hereinafter set forth, will tend to effectuate the declared policy of
the Act.
List of Subjects in 7 CFR Part 985
Marketing agreements, Oils and fats, Reporting and recordkeeping
requirements, Spearmint oil.
For the reasons set forth in the preamble, 7 CFR part 985 is
amended as follows:
PART 985--SPEARMINT OIL PRODUCED IN THE FAR WEST
Accordingly, the interim final rule amending 7 CFR part 985 which
was published at 61 FR 15695 on April 9, 1996, is adopted as a final
rule without change.
Dated: June 3, 1996.
Sharon Bomer Lauritsen,
Acting Director, Fruit and Vegetable Division.
[FR Doc. 96-14755 Filed 6-10-96; 8:45 am]
BILLING CODE 3410-02-P
Complete official Federal Register PDF
FR Doc. 96-14731 Whaling Provisions; Consolidation and Revision of Regulations; Collection-of-Information Approval
[Federal Register Volume 61, Number 113 (Tuesday, June 11, 1996)]
[Rules and Regulations]
[Pages 29628-29632]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14731]
[[Page 29627]]
_______________________________________________________________________
Part V
Department of Commerce
_______________________________________________________________________
National Oceanic and Atmospheric Administration
_______________________________________________________________________
15 CFR Part 902
50 CFR Part 230
Whaling Provisions; Consolidation and Revision of Regulations;
Collection-of-Information Approval; Final Rule
Federal Register / Vol. 61, No. 113 / Tuesday, June 11, 1996 / Rules
and Regulations
[[Page 29628]]
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
15 CFR Part 902
50 CFR Part 230
[Docket No. 960312069-6153-02; I.D. 022796F]
RIN 0648-AI81
Whaling Provisions; Consolidation and Revision of Regulations;
Collection-of-Information Approval
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS revises and updates regulations pertaining to aboriginal
subsistence whaling by removing outdated provisions, codifying current
practice, incorporating current term usage, and reorganizing the
remaining provisions to make the whaling regulations more concise,
better organized and, therefore, easier for the public to use. In
addition, the regulations broaden the current mechanism for regulating
International Whaling Commission (IWC) authorized whaling by the Alaska
Eskimo Whaling Commission (AEWC) and other Native American groups. This
rule also adds a reference to an approved collection-of-information
under the Paperwork Reduction Act (PRA).
EFFECTIVE DATE: July 11, 1996.
ADDRESSES: Copies of the environmental assessment (EA) prepared for
this action are available from: Chief, Marine Mammal Division, Office
of Protected Resources, National Marine Fisheries Service, 1315 East-
West Highway, Silver Spring, MD 20910.
Comments regarding the burden-hour estimate or any other aspect of
the collection-of-information requirement contained in this rule should
be sent to the above individual and to the Office of Information and
Regulatory Affairs, Office of Management and Budget (OMB), Attention:
NOAA Desk Officer, Washington, D.C. 20503.
FOR FURTHER INFORMATION CONTACT: Dr. Kevin Chu, (301) 713-2276.
SUPPLEMENTARY INFORMATION:
Background
Consistent with the President's Regulatory Reinvention Initiative,
NMFS published a proposed rule on April 9, 1996 (61 FR 15754) to carry
out the President's directive with respect to the regulations
implementing the Whaling Convention Act of 1949 (16 U.S.C. 916 et
seq.). This final rule updates the whaling regulations to be consistent
with current authorities and usage of terms, eliminates duplicative or
unnecessary text, and reorganizes the regulations to make the
regulations easier for the public to use and to reduce the volume and
publication costs of the regulations.
This final rule also replaces outdated language in the regulations
with a description of current practice (i.e., joint monitoring and
enforcement of harvests authorized by the IWC) through a cooperative
agreement between NOAA and a Native American whaling organization.
Government monitoring, and especially enforcement, has not been
feasible or desirable in the remote areas in which whaling takes place.
The procedures currently practiced, which are codified through this
final rule, are considered more reliable and more cost effective than
the outdated procedures they replace in the regulations.
This final rule also provides a mechanism for a cooperative
agreement with the Makah Tribe of northwest Washington State, which has
a long tradition of whaling, for monitoring and enforcing any IWC-
authorized whaling. This mechanism is similar to the successful
practice with the AEWC.
Additional background and rationale for these measures may be found
in the preamble to the proposed rule.
Comments and Responses
Three sets of written comments were received regarding the proposed
rule. All were opposed to its adoption. Specific comments and responses
are given below:
Comment: All three organizations making comments opposed allowing
the Makah Tribe to initiate a harvest of gray whales.
Response: The rule does not in itself authorize whaling by the
Makah Tribe or by any other Native American whaling organization. It
sets up a mechanism through which any aboriginal subsistence whaling
would be managed, provided that the International Whaling Commission
(IWC) approves a quota for such use. At its 1996 Annual Meeting, the
IWC will review the questions raised by commenters, among others, as to
the appropriateness of the Makah request for a quota of five gray
whales. Because the rule does not authorize whaling outside the IWC,
and does not reflect on the appropriateness of any whaling proposal or
practice, specific comments on possible future whaling by the Makah
Tribe are not addressed in this notice, except where comments addressed
the points in the EA that accompanied the proposed rule. Likewise, NMFS
took note of comments that were assertions of differing viewpoints or
conclusions than reflected in the EA but that did not provide data to
back up the assertion, but no response is provided here.
Comment: Two organizations objected to the provision allowing the
sale of native handicrafts from whale products (Sec. 230.4(f)).
Response: Under the Marine Mammal Protection Act (MMPA), Alaska
Natives are allowed to take whales for the purpose of creating and
selling authentic native articles of handicrafts. The United States has
informed the IWC of this provision; the IWC has never declared this
practice to be contrary to the concept of aboriginal subsistence use.
NOAA has provided a letter to the AEWC acknowledging that the sale of
handicrafts is allowed.
Under the Treaty of Neah Bay, the Makah Tribe would be allowed to
sell handicrafts made from non-edible whale parts. This rule thus
recognizes the right of both Native American groups to sell
handicrafts.
Comment: All three commenters felt that the rule should specify
the number of whales that may be struck.
Response: The IWC does not normally allocate quotas of whales that
may be struck. The only IWC quota expressed in terms of strike limits
is the U.S. Alaska bowhead hunt, where ice conditions substantially
increase the chances of losing a harpooned whale. Any strike limit
allocated by the IWC would be incorporated into the cooperative
agreement, as is currently the case with the cooperative agreement
between NOAA and the Alaska Eskimo Whaling Commission. A cooperative
agreement could also incorporate strike limits, even if none was set by
the IWC.
Comment: There should be no provision for a cooperative agreement
with Native American whaling organizations, especially with the Makah
Tribe or any tribe within the contiguous United States. Commenters
noted that the current part 230 of title 50 of the Code of Federal
Regulations (CFR) requires that Commerce monitor all aboriginal whaling
and to collect all information directly. These organizations felt that
the proximity and relatively localized whaling that might be conducted
by the Makah Tribe would allow for direct oversight by the U.S.
Government.
Response: The cooperative agreement with the Makah Tribe specifies
that U.S. Government personnel will monitor the hunt.
[[Page 29629]]
Nothing in any cooperative agreement for the co-management of
whaling operations relieves the Department of Commerce of its
obligations under the WCA, the MMPA, the Endangered Species Act (ESA)
or any other statute.
Comment: One organization felt that arguments supporting
replacement of the current regulations were based on insufficient
support and questionable assumptions, especially regarding the
statement that Government oversight would either be unreliable or
excessively expensive. This organization also expressed concern over
the accuracy of reporting and success in enforcement of harvests under
joint management with Native American tribes.
Response: In Alaska, a minimum requirement of reliable Government
oversight would be placing an enforcement agent in each of the ten
whaling villages during the whaling seasons, approximately four months
a year. This level of enforcement would detract substantially from
other enforcement efforts in Alaska, and could not guarantee accurate
information. Whaling camps are often miles away from the villages, and
whaling could still take place without the knowledge of town-based
agents. The only way to guarantee accurate information would be to have
an enforcement agent at each whaling camp. This would require the use
of up to 40 enforcement personnel and would entail large costs for
equipment and supplies as well.
The commenter is correct that there has been no study which has
examined the accuracy of tribal whaling reporting or success in
enforcement. It would be difficult to conduct any definitive study on
this matter, since the presence of outside observers needed to confirm
catch statistics would automatically change the reporting situation.
NMFS considers it unlikely that whaling would be able to occur in Neah
Bay without the knowledge of NMFS officials stationed there (when
present) or other non-Native persons.
Comment: One organization objected that quotas were not specified
in the rule.
Response: The rule does not set quotas or authorize whaling
outside of action by the IWC. If the IWC authorizes an aboriginal
subsistence hunt, the quota will be specified in the cooperative
agreement, as will any limits on strikes.
Comment: The revised definition of whaling does not include
``harassment,'' as it does in the earlier version of 50 CFR part 230.
Response: Regulations concerning ``harassment'' of whales are
covered elsewhere in the Code of Federal Regulations, as noted in
Sec. 230.1.
Comment: One commenter expressed concern that sections previously
in 50 CFR part 230 under ``Records and Reports,'' ``Prohibited Acts,''
``Reporting by Whaling Captains,'' ``Records'' and ``Inspection and
Enforcement'' are omitted in the new rule. The commenter specifically
recommended that a more thorough examination and consideration of these
sections be made (possibly by a task force) and evaluated prior to
excluding them from the new rule.
Response: The above sections and others that are eliminated from
the previous version of 50 CFR part 230 referred only to commercial
whaling. Many sections had not been amended for 25 years. Commercial
whaling is not allowed in the United States so there is no need to keep
these archaic regulations on the books.
Comment: The definition of ``calf'' should be any offspring still
dependent on behavior and nutrition and in the physical dependence of a
parent female.
Response: The proposed definition of ``calf,'' i.e., any whale
less than 1 year old, allows for an objective measurement of whether an
infraction has occurred when a carcass is being examined. While
behavioral aspects and the presence of a parent female define a calf
from a biological point of view, these characteristics cannot be used
after the fact to determine whether a calf was taken. An exception to
this is the presence of milk in the stomach as an indicator of nursing.
Therefore, the definition of ``calf'' is amended to read ``any whale
less than 1 year old or having milk in its stomach.''
Comment: One organization requested that the term ``person'' be
defined using IWC criteria of cultural and subsistence need. The
organization specifically felt that it was not appropriate for U.S.
regulations to allow commercial vessels and crew to whale on behalf of
aboriginals.
Response: Commercial whaling is prohibited in the United States.
While it seems unlikely that commercial whaling vessels or crew would
offer to whale on behalf of U.S. aboriginals or that Native American
whaling organizations would welcome such an offer, the definitions in
the rule of ``whaling captain'' and ``whaling crew'' can be amended to
clarify that whaling is only allowed by Native Americans. The revised
definitions are as follows:
``Whaling captain or captain means any Native American who is
authorized by a Native American whaling organization to be in charge of
a vessel and whaling crew.''
``Whaling crew means those Native Americans under the control of a
captain.''
Comment: The term ``wasteful manner'' should include the use and
waste of whale products after landing.
Response: NMFS agrees. The term has the same meaning as the
definition at Sec. 216.3: ``Wasteful manner means any taking or method
of taking which is likely to result in the killing of marine mammals
beyond those needed for subsistence or for the making of authentic
native articles of handicrafts and clothing or which results in the
waste of a substantial portion of the marine mammal and includes,
without limitation, the employment of a method of taking which is not
likely to assure the capture or killing of a marine mammal, or which is
not immediately followed by a reasonable effort to retrieve the marine
mammal.''
Comment: Whaling villages should be specifically listed, as they
are in current regulations.
Response: The list of U.S. whaling villages for which the IWC
quota is authorized is available from NMFS.
Comment: The definition of ``whaling village'' should be changed to
read `` * * *any U.S. village * * *having a cultural and subsistence
need for whaling'' instead of ``having a cultural and/or subsistence
need for whaling''.
Response: NMFS believes that the current language more accurately
reflects the interpretation of the IWC of the requirements for
aboriginal whaling.
Comment: The prohibition on sale should be amended to include
prohibitions on barter, give for free, and trade, in order to recognize
non-currency exchanges of value that may escape being subject to
violations of the Convention.
Response: The above practices, particularly ``give for free,'' are
essential to the cultural value of whaling. A whaling crew cannot
consume an entire whale, at least not without significant waste. The
gifting of whale meat and muktuk between families and villages is a
central ritual of whaling in Alaska. Likewise, the Makah tradition of
potlatch is still a key part of the Tribe's social fabric. Prohibiting
such practices would be counter to the concept of aboriginal whaling.
Comment: Penalties for violations should be listed in the rule.
Response: The absence of specific penalties does not imply that
there are no penalties for violations of the rule. The WCA and the MMPA
both contain specific penalties in terms of fines, imprisonment or
other sanctions for violation of their provisions. Penalties are not
listed in this rule because the
[[Page 29630]]
cooperative agreements may delegate some enforcement functions to the
Native American whaling organizations. Nevertheless, the Department of
Commerce has specific responsibilities under the law. If the
cooperative agreement is not succeeding in fulfilling those
responsibilities, the Department will, after consultation with the
relevant Native American whaling organization, assert its federal
management and enforcement authority.
Comment: In Sec. 230.4(g)(1), the word ``quota'' should be preceded
by the words ``struck or landed''.
Response: In this context, ``quota'' means either the quota of
strikes or quota of landed whales, or both.
Comment: In Sec. 230.4(h), the words ``or crew'' should be
inserted after the word ``captain''.
Response: This suggestion does not appear to improve the
management of whaling. It only adds an additional requirement without
gaining any substantive improvement in monitoring or controlling the
hunt. Therefore, the suggestion is rejected.
Comment: In Sec. 230.5(a), the phrase ``after written concurrence
from the Assistant Administrator'' (AA) should be inserted after
``whaling captains''.
Response: This provision constitutes the granting of a license by
NOAA; an additional endorsement by the AA would not gain any
substantive improvement in monitoring or controlling the hunt.
Therefore, the suggestion is rejected.
Comment: Tallies of struck and landed whales should be in real
time, with daily reporting to prevent over-harvesting.
Response: In current practice, the AEWC reports in nearly real
time, reporting every few days and sometimes daily during the whaling
seasons. Toward the end of the season, each whale catch is reported as
it is logged in by the AEWC. The quota has never been exceeded.
Comment: If the Native American whaling organization fails to
close the whaling season after the quota has been reached, the rule
should require the Assistant Administrator to close it by filing a
notice in the Federal Register. The Assistant Administrator should be
required to notify the whaling organization within one business day
that the season has been closed.
Response: The current wording of the rule allows some discretion
for unusual circumstances (such as an ambiguity about whether a quota
has been met), but clearly gives the Assistant Administrator the
authority to close a season after a quota has been reached.
Comment: The names and villages of members of the whaling crew
should be required.
Response: This requirement would add a regulatory burden without
obviously improving the management of whaling.
Comment: Please clarify the statement in the Environmental
Assessment asserting that past aboriginal whaling levels were higher
than they are today.
Response: The Soviet Union took approximately 169 gray whales a
year from the 1970s until 1990. Alaska Eskimos occasionally took a few
gray whales (fewer than 10) during that time as well. The current quota
for gray whales is 140 animals.
Comment: The whale-watching industry could be affected by consumer
boycotts in Washington State or by changes in behavior of whales due to
hunting. Therefore, the economic impacts described in the Environmental
Assessment have a potential negative side.
Response: Any possibility of a consumer boycott of whale watch
industries in Washington State is highly speculative.
It is possible that a resumption of whaling by the Makah Tribe
would affect the behavior of gray whales around boats in general. It
may prove difficult to demonstrate that whales change their behavior in
response to whaling, even if observers believe that such a change does
occur. Furthermore, if changes in behavior can be demonstrated, it
would be difficult to attribute them to any particular cause, since
whale behavior is not well understood. Nevertheless, NMFS will initiate
research this summer on gray whales in the Makah area and in Puget
Sound. This research is intended to help differentiate resident whales
which may swim near Seattle and other local whale watching areas, from
whales that are migrating past Neah Bay. It may provide information on
effects of whaling, if it resumes, on whale behavior.
Comment: One organization disagreed with the Environmental
Assessment's conclusion that there would be no economic or social
impacts from this revision to the whaling regulations. Therefore, it
called for a Supplemental Environmental Impact Statement to address
issues raised in its testimony.
Response: Because these regulations do not directly alter the
status quo, NMFS does not see a need for an Environmental Impact
Statement. It will, however, take note of the issues raised,
particularly of the possible impact of whaling on whale watch
operations. If the IWC authorizes whaling by the Makah Tribe, NMFS will
re-assess its obligations under the National Environmental Policy Act.
Comment: The Finding of No Significant Impact in the EA ignores the
cumulative effect of a possible resumption of whaling by other Native
groups if the Makah Tribe is allowed to hunt for whales.
Response: The Makah proposal must be judged on its own merits. We
have no information that other American Native groups are interested in
resuming whaling.
Changes from the Proposed Rule
The definition of ``calf'' is amended to read ``any whale less than
one year old or having milk in its stomach.
The definitions of ``Whaling captain'' and ``Whaling crew'' are
amended to clarify that whaling is only allowed by Native Americans by
replacing the word ``person'' with the words ``Native American''.
Section 3506(c)(B)(i) of the PRA requires that agencies inventory
and display a current control assigned by the Director of OMB for each
agency information collection. 15 CFR 902.1(b) identifies the location
of NOAA regulations for which OMB approval numbers have been issued.
This final rule adds the OMB approval number for an approved
collection-of-information requirement to the table in 15 CFR 902.1(b).
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.
Classification
NMFS prepared an EA for this action and the AA concluded that there
will be no significant impact on the human environment as a result of
this rule. This revision of the whaling regulations will have no impact
on the status of any endangered species, as these revisions have no
affect on the quotas for aboriginal subsistence whaling authorized by
the IWC. A copy of the EA is available from NMFS (see ADDRESSES).
This final rule has been determined to be not significant for the
purposes of E.O. 12866.
The Assistant General Counsel for Legislation and Regulation of the
Department of Commerce certified to the Chief Counsel for Advocacy of
the Small Business Administration that this rule will not have a
significant economic impact on a substantial number of small entities.
This final rule
[[Page 29631]]
does not change the regulations that allow whaling only for subsistence
and cultural use. Only two Native American groups have expressed an
interest in whaling; this rule broadens, rather than restricts, the
opportunities for Native American groups to renew whaling traditions if
the IWC grants the U.S. request for a quota. As a result, a regulatory
flexibility analysis was not prepared. If the IWC authorizes whaling by
the Makah Tribe, NMFS will re-assess its obligations under the National
Environmental Policy Act.
This rule contains collection-of-information requirements subject
to the PRA that have been approved by OMB under OMB control number
0648-0311. The average burden for these collections is estimated to be
approximately 0.5 hours per response for whaling captains' reports and
5 hours per response for Native American whaling organizations to
report whaling activity to NMFS. These estimates include the time for
reviewing instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. Send comments regarding these reporting
burden estimates or any other aspect of the collections of information,
including suggestions for reducing the burdens, to NMFS and OMB (see
ADDRESSES).
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 PRA unless that collection of information displays a currently
valid OMB Control Number.
The AA determined that this final rule will not affect any
endangered or threatened species or critical habitat under the ESA and
that whaling activities conducted under this rule will have no adverse
effects on marine mammals, beyond what is authorized by the IWC.
List of Subjects
15 CFR Part 902
Reporting and recordkeeping requirements.
50 CFR Part 230
Fisheries, Indians, Marine mammals, Reporting and recordkeeping
requirements.
Dated: June 4, 1996.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
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.
2. In Sec. 902.1, paragraph (b), the table is amended by adding in
the left column, under 50 CFR, in numerical order, the entry ``230.8'',
and in the right column, in the corresponding position, the control
number ``-0311''.
50 CFR Chapter II
3. Part 230 is revised to read as follows:
PART 230--WHALING PROVISIONS
Sec.
230.1 Purpose and scope.
230.2 Definitions.
230.3 General prohibitions.
230.4 Aboriginal subsistence whaling.
230.5 Licenses for aboriginal subsistence whaling.
230.6 Quotas and other restrictions.
230.7 Salvage of stinkers.
230.8 Reporting by whaling captains.
Authority: 16 U.S.C. 916 et seq.
Sec. 230.1 Purpose and scope.
The purpose of the regulations in this part is to implement the
Whaling Convention Act (16 U.S.C. 916 et seq.) by prohibiting whaling
except for aboriginal subsistence whaling allowed by the International
Whaling Commission. Provisions of the Marine Mammal Protection Act of
1972 (16 U.S.C. 1361 et seq.) and the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.) also pertain to human interactions with
whales. Rules elsewhere in this chapter govern such topics as
scientific research permits, and incidental take and harassment of
marine mammals.
Sec. 230.2 Definitions.
Aboriginal subsistence whaling means whaling authorized by
paragraph 13 of the Schedule annexed to and constituting a part of the
Convention.
Assistant Administrator means the Assistant Administrator for
Fisheries of the National Oceanic and Atmospheric Administration.
Authorized officer means:
(1) Any commissioned, warrant, or petty officer of the U.S. Coast
Guard;
(2) Any special agent or enforcement officer of the National Marine
Fisheries Service;
(3) Any officer designated by the head of a Federal or state agency
that has entered into an agreement with the Secretary of Commerce or
the Commandant of the Coast Guard to enforce the provisions of the
Whaling Convention Act; or
(4) Any Coast Guard personnel accompanying and acting under the
direction of any person described in paragraph (1) of this definition.
Calf means any whale less than 1 year old or having milk in its
stomach.
Commission means the International Whaling Commission established
by article III of the Convention.
Convention means the International Convention for the Regulation of
Whaling signed at Washington on December 2, 1946.
Cooperative agreement means a written agreement between the
National Oceanic and Atmospheric Administration and a Native American
whaling organization for the cooperative management of aboriginal
subsistence whaling operations.
Landing means bringing a whale or any parts thereof onto the ice or
land in the course of whaling operations.
Native American whaling organization means an entity recognized by
the National Oceanic and Atmospheric Administration as representing and
governing Native American whalers for the purposes of cooperative
management of aboriginal subsistence whaling.
Regulations of the Commission means the regulations in the Schedule
annexed to and constituting a part of the Convention, as modified,
revised, or amended by the Commission from time to time.
Stinker means a dead, unclaimed whale found upon a beach, stranded
in shallow water, or floating at sea.
Strike means hitting a whale with a harpoon, lance, or explosive
device.
Wasteful manner means a method of whaling that is not likely to
result in the landing of a struck whale or that does not include all
reasonable efforts to retrieve the whale.
Whale products means any unprocessed part of a whale and blubber,
meat, bones, whale oil, sperm oil, spermaceti, meal, and baleen.
Whaling means the scouting for, hunting, striking, killing,
flensing, or landing of a whale, and the processing of whales or whale
products.
Whaling captain or captain means any Native American who is
authorized by a Native American whaling organization to be in charge of
a vessel and whaling crew.
Whaling crew means those Native Americans under the control of a
captain.
Whaling village means any U.S. village recognized by the Commission
as
[[Page 29632]]
having a cultural and/or subsistence need for whaling.
Sec. 230.3 General prohibitions.
(a) No person shall engage in whaling in a manner that violates the
Convention, any regulation of the Commission, or this part.
(b) No person shall engage in whaling without first having obtained
a license or scientific research permit issued by the Assistant
Administrator.
(c) No person shall ship, transport, purchase, sell, offer for
sale, import, export, or possess any whale or whale products taken or
processed in violation of the Convention, any regulation of the
Commission, or this part, except as specified in Sec. 230.4(f).
(d) No person shall fail to make, keep, submit, or furnish any
record or report required of him/her by the Convention, any regulation
of the Commission, or this part.
(e) No person shall refuse to permit any authorized officer to
enforce the Convention, any regulation of the Commission, or this part.
Sec. 230.4 Aboriginal subsistence whaling.
(a) No person shall engage in aboriginal subsistence whaling,
except a whaling captain licensed pursuant to Sec. 230.5 or a member of
a whaling crew under the control of a licensed captain.
(b) No whaling captain shall engage in whaling that is not in
accordance with the regulations of the Commission, this part, and the
relevant cooperative agreement.
(c) No whaling captain shall engage in whaling for any calf or any
whale accompanied by a calf.
(d) No whaling captain shall engage in whaling without an adequate
crew or without adequate supplies and equipment.
(e) No person may receive money for participation in aboriginal
subsistence whaling.
(f) No person may sell or offer for sale whale products from whales
taken in an aboriginal subsistence hunt, except that authentic articles
of Native handicrafts may be sold or offered for sale.
(g) No whaling captain shall continue to whale after:
(1) The quota set for his/her village by the relevant Native
American whaling organization is reached;
(2) The license under which he/she is whaling is suspended as
provided in Sec. 230.5(b); or
(3) The whaling season for that species has been closed pursuant to
Sec. 230.6.
(h) No whaling captain shall claim domicile in more than one
whaling village.
(i) No person may salvage a stinker without complying with the
provisions of Sec. 230.7.
(j) No whaling captain shall engage in whaling with a harpoon,
lance, or explosive dart that does not bear a permanent distinctive
mark identifying the captain as the owner thereof.
(k) No whaling captain shall engage in whaling in a wasteful
manner.
Sec. 230.5 Licenses for aboriginal subsistence whaling.
(a) A license is hereby issued to whaling captains identified by
the relevant Native American whaling organization.
(b) The Assistant Administrator may suspend the license of any
whaling captain who fails to comply with the regulations in this part.
Sec. 230.6 Quotas and other restrictions.
(a) Quotas for aboriginal subsistence whaling shall be set in
accordance with the regulations of the Commission. Quotas shall be
allocated to each whaling village or captain by the appropriate Native
American whaling organization. The Assistant Administrator shall
publish in the Federal Register, at least annually, aboriginal
subsistence whaling quotas and any other limitations on aboriginal
subsistence whaling deriving from regulations of the Commission. These
quotas and restrictions shall also be incorporated in the relevant
cooperative agreements.
(b) The relevant Native American whaling organization shall monitor
the whale hunt and keep tally of the number of whales landed and
struck. When a quota is reached, the organization shall declare the
whaling season closed, and there shall be no further whaling under that
quota during the calendar year. If the organization fails to close the
whaling season after the quota has been reached, the Assistant
Administrator may close it by filing notification in the Federal
Register.
Sec. 230.7 Salvage of stinkers.
(a) Any person salvaging a stinker shall submit to the Assistant
Administrator or his/her representative an oral or written report
describing the circumstances of the salvage within 12 hours of such
salvage. He/she shall provide promptly to the Assistant Administrator
or his/her representative each harpoon, lance, or explosive dart found
in or attached to the stinker. The device shall be returned to the
owner thereof promptly, unless it is retained as evidence of a possible
violation.
(b) There shall be a rebuttable presumption that a stinker has been
struck by the captain whose mark appears on the harpoon, lance, or
explosive dart found in or attached thereto, and, if no strike has been
reported by such captain, such strike shall be deemed to have occurred
at the time of recovery of the device.
Sec. 230.8 Reporting by whaling captains.
(a) The relevant Native American whaling organization shall require
each whaling captain licensed pursuant to Sec. 230.5 to provide a
written statement of his/her name and village of domicile and a
description of the distinctive marking to be placed on each harpoon,
lance, and explosive dart.
(b) Each whaling captain shall provide to the relevant Native
American whaling organization an oral or written report of whaling
activities including but not limited to the striking, attempted
striking, or landing of a whale and, where possible, specimens from
landed whales. The Assistant Administrator is authorized to provide
technological assistance to facilitate prompt reporting and collection
of specimens from landed whales, including but not limited to ovaries,
ear plugs, and baleen plates. The report shall include at least the
following information:
(1) The number, dates, and locations of each strike, attempted
strike, or landing.
(2) The length (taken as the straight-line measurement from the tip
of the upper jaw to the notch between the tail flukes) and the sex of
the whales landed.
(3) The length and sex of a fetus, if present in a landed whale.
(4) An explanation of circumstances associated with the striking or
attempted striking of any whale not landed.
(c) If the relevant Native American whaling organization fails to
provide the National Marine Fisheries Service the required reports, the
Assistant Administrator may require the reports to be submitted by the
whaling captains directly to the National Marine Fisheries Service.
[FR Doc. 96-14731 Filed 6-10-96; 8:45 am]
BILLING CODE 3510-22-F
Complete official Federal Register PDF
FR Doc. 96-14726 Changes in Flood Elevation Determinations
[Federal Register Volume 61, Number 113 (Tuesday, June 11, 1996)]
[Rules and Regulations]
[Pages 29489-29490]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14726]
-----------------------------------------------------------------------
FEDERAL EMERGENCY MANAGEMENT AGENCY
44 CFR Part 65
Changes in Flood Elevation Determinations
AGENCY: Federal Emergency Management Agency, FEMA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: Modified base (1% annual chance) flood elevations are
finalized for the communities listed below. These modified elevations
will be used to calculate flood insurance premium rates for new
buildings and their contents.
EFFECTIVE DATEs: The effective dates for these modified base flood
elevations are indicated on the following table and revise the Flood
Insurance Rate Map(s) (FIRMs) in effect for each listed community prior
to this date.
ADDRESSES: The modified base flood elevations for each community are
available for inspection at the office of the Chief Executive Officer
of each community. The respective addresses are listed in the following
table.
FOR FURTHER INFORMATION CONTACT: Michael K. Buckley, P.E., Chief,
Hazard Identification Branch, Mitigation Directorate, 500 C Street,
SW., Washington, DC 20472, (202) 646-2756.
SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
makes the final determinations listed below of modified base flood
elevations for each community listed. These modified elevations have
been published in newspapers of local circulation and ninety (90) days
have elapsed since that publication. The Acting Associate Director has
resolved any appeals resulting from this notification.
The modified base flood elevations are not listed for each
community in this notice. However, this rule includes the address of
the Chief Executive Officer of the community where the modified base
flood elevation determinations are available for inspection.
The modifications are made pursuant to section 206 of the Flood
Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance
with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq.,
and with 44 CFR part 65.
For rating purposes, the currently effective community number is
shown and must be used for all new policies and renewals.
The modified base flood elevations are the basis for the floodplain
management measures that the community is required to either adopt or
to show evidence of being already in effect in order to qualify or to
remain qualified for participation in the National Flood Insurance
Program.
These modified elevations, together with the floodplain management
criteria required by 44 CFR 60.3, are the minimum that are required.
They should not be construed to mean that the community must change any
existing ordinances that are more stringent in their floodplain
management requirements. The community may at any time enact stricter
requirements of its own, or pursuant to policies established by other
Federal, state or regional entities.
These modified elevations are used to meet the floodplain
management requirements of the NFIP and are also used to calculate the
appropriate flood insurance premium rates for new buildings built after
these elevations are made final, and for the contents in these
buildings.
The changes in base flood elevations are in accordance with 44 CFR
65.4.
National Environmental Policy Act
This rule is categorically excluded from the requirements of 44 CFR
Part 10, Environmental Consideration. No environmental impact
assessment has been prepared.
Regulatory Flexibility Act
The Acting Associate Director, Mitigation Directorate, certifies
that this rule is exempt from the requirements of the Regulatory
Flexibility Act because modified base flood elevations are required by
the Flood Disaster Protection Act of 1973, 42 U.S.C. 4105, and are
required to maintain community eligibility in the National Flood
Insurance Program. No regulatory flexibility analysis has been
prepared.
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.
Executive Order 12612, Federalism
This rule involves no policies that have federalism implications
under Executive Order 12612, Federalism, dated October 26, 1987.
Executive Order 12778, Civil Justice Reform
This rule meets the applicable standards of section 2(b)(2) of
Executive Order 12778.
List of Subjects in 44 CFR Part 65
Flood insurance, Floodplains, Reporting and recordkeeping
requirements.
Accordingly, 44 CFR part 65 is amended to read as follows:
PART 65--[AMENDED]
1. The authority citation for part 65 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. 65.4 [Amended]
2. The tables published under the authority of Sec. 65.4 are
amended as follows:
[[Page 29490]]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Chief executive
State and county Location Dates and name of newspaper officer of Effective date of Community
where notice was published community modification No.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Wisconsin: Ozaukee (FEMA Village of Grafton.......... August 14, 1995, August 21, Mr. Rodney L. August 7, 1995.............. 550314 C
Docket No. 7150). 1995, The News Graphic. Schroeder,
President of
the Village of
Grafton, P.O.
Box 125,
Grafton,
Wisconsin
53024-0125.
--------------------------------------------------------------------------------------------------------------------------------------------------------
(Catalog of Federal Domestic Assistance No. 83.100, ``Flood
Insurance.'')
Dated: May 31, 1996.
Richard W. Krimm,
Acting Associate Director for Mitigation.
[FR Doc. 96-14726 Filed 6-10-96; 8:45 am]
BILLING CODE 6718-03-P
Complete official Federal Register PDF
FR Doc. 96-14725 Changes in Flood Elevation Determinations
[Federal Register Volume 61, Number 113 (Tuesday, June 11, 1996)]
[Rules and Regulations]
[Pages 29488-29489]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14725]
=======================================================================
-----------------------------------------------------------------------
FEDERAL EMERGENCY MANAGEMENT AGENCY
44 CFR Part 65
[Docket No. FEMA-7183]
Changes in Flood Elevation Determinations
AGENCY: Federal Emergency Management Agency, FEMA.
ACTION: Interim rule.
-----------------------------------------------------------------------
SUMMARY: This interim rule lists communities where modification of the
base (1% annual chance) flood elevations is appropriate because of new
scientific or technical data. New flood insurance premium rates will be
calculated from the modified base flood elevations for new buildings
and their contents.
DATES: These modified base flood elevations are currently in effect on
the dates listed in the table and revise the Flood Insurance Rate
Map(s) (FIRMs) in effect prior to this determination for each listed
community.
From the date of the second publication of these changes in a
newspaper of local circulation, any person has ninety (90) days in
which to request through the community that the Acting Associate
Director reconsider the changes. The modified elevations may be changed
during the 90-day period.
ADDRESSES: The modified base flood elevations for each community are
available for inspection at the office of the Chief Executive Officer
of each community. The respective addresses are listed in the following
table.
FOR FURTHER INFORMATION CONTACT: Michael K. Buckley, P.E., Chief,
Hazard Identification Branch, Mitigation Directorate, 500 C Street,
SW., Washington, DC 20472, (202) 646-2756.
SUPPLEMENTARY INFORMATION: The modified base flood elevations are not
listed for each community in this interim rule. However, the address of
the Chief Executive Officer of the community where the modified base
flood elevation determinations are available for inspection is
provided.
Any request for reconsideration must be based upon knowledge of
changed conditions, or upon new scientific or technical data.
The modifications are made pursuant to section 201 of the Flood
Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance
with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq.,
and with 44 CFR part 65.
For rating purposes, the currently effective community number is
shown and must be used for all new policies and renewals.
The modified base flood elevations are the basis for the floodplain
management measures that the community is required to either adopt or
to show evidence of being already in effect in order to qualify or to
remain qualified for participation in the National Flood Insurance
Program.
These modified elevations, together with the floodplain management
criteria required by 44 CFR 60.3, are the minimum that are required.
They should not be construed to mean that the community must change any
existing ordinances that are more stringent in their floodplain
management requirements. The community may at any time enact stricter
requirements of its own, or pursuant to policies established by other
Federal, state or regional entities.
The changes in base flood elevations are in accordance with 44 CFR
65.4.
National Environmental Policy Act
This rule is categorically excluded from the requirements of 44 CFR
Part 10, Environmental Consideration. No environmental impact
assessment has been prepared.
Regulatory Flexibility Act
The Acting Associate Director, Mitigation Directorate, certifies
that this rule is exempt from the requirements of the Regulatory
Flexibility Act because modified base flood elevations are required by
the Flood Disaster Protection Act of 1973, 42 U.S.C. 4105, and are
required to maintain community eligibility in the National Flood
Insurance Program. No regulatory flexibility analysis has been
prepared.
Regulatory Classification
This interim 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.
Executive Order 12612, Federalism
This rule involves no policies that have federalism implications
under Executive Order 12612, Federalism, dated October 26, 1987.
Executive Order 12778, Civil Justice Reform
This rule meets the applicable standards of section 2(b)(2) of
Executive Order 12778.
List of Subjects in 44 CFR Part 65
Flood insurance, Floodplains, Reporting and recordkeeping
requirements.
Accordingly, 44 CFR part 65 is amended to read as follows:
PART 65--[AMENDED]
1. The authority citation for part 65 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. 65.4 [Amended]
2. The tables published under the authority of Sec. 65.4 are
amended as follows:
--------------------------------------------------------------------------------------------------------------------------------------------------------
Chief executive
State and county Location Dates and name of newspaper officer of Effective date of Community
where notice was published community modification No.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Florida: Duval.............. City of Jacksonville........ April 15, 1996, April 22, 1996, The Honorable April 8, 1996............... 120077 E
The Florida Times-Union. John Delaney,
Mayor of the
City of
Jacksonville,
220 East Bay
Street, 14th
Floor,
Jacksonville,
Florida 32202-
3495.
New Jersey: Union........... Borough of Kenilworth....... April 10, 1996, April 17, 1996, The Honorable April 3, 1996............... 340466 B
Cranford Chronicle. Michael
Tripodi, Mayor
of the Borough
of Kenilworth,
567 Boulevard,
Kenilworth,
New Jersey
07033.
[[Page 29489]]
North Carolina: Rowan....... City of Salisbury........... April 11, 1996, April 18, 1996, The Honorable July 17, 1996,.............. 370215 B
Salisbury Post. Margaret
Kluttz, Mayor
of the City of
Salisbury,
P.O. Box 479,
Salisbury,
North Carolina
28145-0479.
--------------------------------------------------------------------------------------------------------------------------------------------------------
(Catalog of Federal Domestic Assistance No. 83.100, ``Flood
Insurance'')
Dated: May 31, 1996.
Richard W. Krimm,
Acting Associate Director for Mitigation.
[FR Doc. 96-14725 Filed 6-10-96; 8:45 am]
BILLING CODE 6718-03-P
Complete official Federal Register PDF
FR Doc. 96-14724 Final Flood Elevation Determinations
[Federal Register Volume 61, Number 113 (Tuesday, June 11, 1996)]
[Rules and Regulations]
[Pages 29490-29491]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14724]
-----------------------------------------------------------------------
FEDERAL EMERGENCY MANAGEMENT AGENCY
44 CFR Part 67
Final Flood Elevation Determinations
AGENCY: Federal Emergency Management Agency (FEMA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: Base (1% annual chance) flood elevations and modified base
flood elevations are made final for the communities listed below. The
base flood elevations and modified base flood elevations are the basis
for the floodplain management measures that each community is required
either to adopt or to show evidence of being already in effect in order
to qualify or remain qualified for participation in the National Flood
Insurance Program (NFIP).
EFFECTIVE DATES: The date of issuance of the Flood Insurance Rate Map
(FIRM) showing base flood elevations and modified base flood elevations
for each community. This date may be obtained by contacting the office
where the maps are available for inspection as indicated on the table
below.
ADDRESSES: The final base flood elevations for each community are
available for inspection at the office of the Chief Executive Officer
of each community. The respective addresses are listed in the table
below.
FOR FURTHER INFORMATION CONTACT: Michael K. Buckley, P.E., Chief,
Hazard Identification Branch, Mitigation Directorate, 500 C Street,
SW., Washington, DC 20472, (202) 646-2756.
SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA or Agency) makes final determinations listed below of base flood
elevations and modified base flood elevations for each community
listed. The proposed base flood elevations and proposed modified base
flood elevations were published in newspapers of local circulation and
an opportunity for the community or individuals to appeal the proposed
determinations to or through the community was provided for a period of
ninety (90) days. The proposed base flood elevations and proposed
modified base flood elevations were also published in the Federal
Register.
This final rule is issued in accordance with section 110 of the
Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part
67.
The Agency has developed criteria for floodplain management in
floodprone areas in accordance with 44 CFR part 60.
Interested lessees and owners of real property are encouraged to
review the proof Flood Insurance Study and Flood Insurance Rate Map
available at the address cited below for each community.
The base flood elevations and modified base flood elevations are
made final in the communities listed below. Elevations at selected
locations in each community are shown.
National Environmental Policy Act
This rule is categorically excluded from the requirements of 44 CFR
Part 10, Environmental Consideration. No environmental impact
assessment has been prepared.
Regulatory Flexibility Act
The Acting Associate Director, Mitigation Directorate, certifies
that this rule is exempt from the requirements of the Regulatory
Flexibility Act because final or modified base flood elevations are
required by the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104,
and are required to establish and maintain community eligibility in the
National Flood Insurance Program. No regulatory flexibility analysis
has been prepared.
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.
Executive Order 12612, Federalism
This rule involves no policies that have federalism implications
under Executive Order 12612, Federalism, dated October 26, 1987.
Executive Order 12778, Civil Justice Reform
This rule meets the applicable standards of section 2(b)(2) of
Executive Order 12778.
Administrative practice and procedure, Flood insurance, Reporting
and recordkeeping requirements. Accordingly, 44 CFR part 67 is amended
as follows:
PART 67--[AMENDED]
1. The authority citation for part 67 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. 67.11 [Amended]
2. The tables published under the authority of Sec. 67.11 are
amended as follows:
------------------------------------------------------------------------
#Depth in
feet above
ground.
Source of flooding and location *Elevation
in feet
(NGVD)
------------------------------------------------------------------------
PENNSYLVANIA
-------------------------------------------------------------
Auburn (Borough), Schuylkill County (FEMA Docket No. 7172)
Schuylkill River:
Approximately 40 feet downstream of Deer Creek Drive...... *454
At a point approximately 0.47 mile upstream at Market
Street/State Route 895................................... *462
Bear Creek:
At confluence with Schuylkill River....................... *455
Approximately 475 feet upstream of Bear Creek Street...... *455
Maps available for inspection at the Auburn Borough
Secretary's Home, 530 Bear Creek Street, Auburn,
Pennsylvania.
[[Page 29491]]
------
North Manheim (Township), Schuylkill County (FEMA Docket No.
7172)
Schuylkill River:
Approximately 1.7 miles downstream of Conrail............. *490
Approximately 2.5 miles upstream of State Route 183....... *591
West Branch Schuylkill River:
Approximately 400 feet upstream of confluence with
Schuylkill River......................................... *525
Approximately 1,900 feet upstream of confluence with
Schuylkill River (Borough of Cressona corporate limits).. *525
Panther Creek:
At a point approximately 800 feet downstream of L.R. 53079
(Beckville Road)......................................... *555
At a point approximately 200 feet upstream of L.R. 53079
(Beckville Road)......................................... *569
Maps available for inspection at the North Manheim Township
Municipal Building, Manheim Road, Pottsville, Pennsylvania.
------
Schuylkill Haven (Borough), Schuylkill County (FEMA Docket
No. 7172)
Schuylkill River:
Approximately 1.7 mile downstream of confluence of Long
Run...................................................... *501
Approximately 370 feet upstream of confluence of West
Branch Schuylkill River.................................. *526
Long Run:
At confluence with Schuylkill River....................... *511
Approximately 1,325 feet upstream of Stoyers Dam.......... *511
Maps available for inspection at the Schuylkill Haven
Borough Hall, 12 West Main Street, Schuylkill Haven,
Pennsylvania
------
South Manheim (Township), Schuylkill County (FEMA Docket No.
7172)
Schuylkill River:
Approximately 1,400 feet downstream of the confluence of
Stony Creek.............................................. *432
Approximately 4.4 miles upstream of the confluence of Red
Creek.................................................... *508
Maps available for inspection at the South Manheim Township
Municipal Building, 3089 Fair Road, Auburn, Pennsylvania.
-------------------------------------------------------------
TENNESSEE
-------------------------------------------------------------
Carter County (Unincorporated Areas) (FEMA Docket No. 7164)
Sinking Creek:
Approximately 1,575 feet downstream of Sinking Creek Road. *1501
Approximately 60 feet upstream of county boundary......... *1553
Maps available for inspection at the Carter County
Courthouse, 801 Elk Avenue, Elizabethton, Tennessee.
------
Johnson City, Washington County (FEMA Docket No. 7138)
Brush Creek:
Approximately 280 feet upstream of the confluence with
Watauga River............................................ *1406
Approximately 1,725 feet upstream of Clinchfield Railroad. *1690
Knob Creek:
Approximately 75 feet downstream of Sewage Treatment Plant
Road..................................................... *1409
At the upstream side of Denny Mill Road................... *1574
Sinking Creek:
Approximately 1,800 feet downstream of Dave Buck Road..... *1552
Approximately 500 feet upstream of Sinking Creek Road..... *1844
Twin Falls Branch: ..........
At confluence with Knob Creek............................. *1473
Approximately 620 feet upstream of Oakland Avenue......... *1473
Maps available for inspection at the Johnson City Engineer's
Office, City Garage Road and Water Street, Johnson City,
Tennessee.
------
Washington County (Unincorporated Areas) (FEMA Docket No.
7138)
Brush Creek:
Approximately 600 feet upstream of Breached Dam........... *1481
Approximately 300 feet upstream of Farm Bridge............ *1550
Knob Creek:
Approximately 1,500 feet downstream of Sewage Treatment
Plant Road............................................... *1387
Approximately 1,600 feet upstream of Knob Creek Road...... *1604
Sinking Creek:
Approximately 200 feet upstream of Clinchfield Railroad... *1722
Approximately 0.5 mile upstream of New Lone Oak Road...... *1938
Maps available for inspection at the Washington County
Zoning Administrator's Office, Washington County
Courthouse, 103 West Main Street, Jonesborough, Tennessee.
------
Watauga (City), Carter County (FEMA Docket No. 7164)
Watauga River:
Just downstream of U.S. Route 321......................... *1414
Approximately 1.3 miles downstream of Smalling Road....... *1429
Maps available for inspection at the Watauga City Hall, 104
West Avenue, Watauga, Tennessee.
WISCONSIN
New Berlin (City), Waukesha County (FEMA Docket No. 7050)
Poplar Creek:
At downstream side of Chicago and Northwestern Railroad... *831
Approximately 1.59 miles upstream of Observatory Road..... *886
Maps available for inspection at the City of New Berlin
Planning Department, 3805 South Casper Drive, New Berlin,
Wisconsin.
------------------------------------------------------------------------
(Catalog of Federal Domestic Assistance No. 83.100, ``Flood
Insurance'')
Dated: May 31, 1996.
Richard W. Krimm,
Acting Associate Director for Mitigation.
[FR Doc. 96-14724 Filed 6-10-96; 8:45 am]
BILLING CODE 6718-04-P
Complete official Federal Register PDF
FR Doc. 96-14705 Radio Broadcasting Services; Clark, CO
[Federal Register Volume 61, Number 113 (Tuesday, June 11, 1996)]
[Rules and Regulations]
[Pages 29491-29492]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14705]
=======================================================================
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 73
[MM Docket No. 95-107; RM-8661]
Radio Broadcasting Services; Clark, CO
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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[[Page 29492]]
SUMMARY: This document denies a petition filed by Brian M. Encke d/b/a
BME Broadcasting, requesting the allotment of FM Channel 225C2 to
Clark, Colorado, as that locality's first local aural transmission
service. The proposal is denied based upon the petitioner's failure to
demonstrate that Clark constitutes a bona fide ``community'', as that
term is defined for purposes of Section 307(b) of the Communications
Act, as amended by the Telecommunications Act of 1996, for allotment
objectives. See 60 FR 36772, July 18, 1995. With this action, the
proceeding is terminated.
EFFECTIVE DATE: June 11, 1996.
FOR FURTHER INFORMATION CONTACT: Nancy Joyner, Mass Media Bureau, (202)
418-2180.
SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's
Report and Order, MM Docket No. 95-107, adopted May 15, 1996, and
released June 4, 1996. The full text of this Commission decision is
available for inspection and copying during normal business hours in
the FCC's Reference Center (Room 239), 1919 M Street, NW., Washington,
DC. The complete text of this decision may also be purchased from the
Commission's copy contractors, International Transcription Service,
Inc., (202) 857-3800, located at 1919 M Street, NW., Room 246, or 2100
M Street, NW., Suite 140, Washington, DC 20037.
List of Subjects in 47 CFR Part 73
Radio broadcasting.
Federal Communications Commission.
John A. Karousos,
Chief, Allocations Branch, Policy and Rules Division, Mass Media
Bureau.
[FR Doc. 96-14705 Filed 6-10-96; 8:45 am]
BILLING CODE 6712-01-F
Complete official Federal Register PDF
FR Doc. 96-14704 Radio Broadcasting Services; Milton, WV and Flemingsburg, KY
[Federal Register Volume 61, Number 113 (Tuesday, June 11, 1996)]
[Rules and Regulations]
[Page 29492]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14704]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 73
[MM Docket No. 95-137; RM-8683]
Radio Broadcasting Services; Milton, WV and Flemingsburg, KY
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: The Commission, at the request of Simmons Broadcasting
Company, substitutes Channel 292B1 for Channel 292A at Milton, West
Virginia, and modifies Station WFXN(FM)'s license accordingly. To
accommodate the upgrade, we also substitute Channel 236A for Channel
292A at Flemingsburg, Kentucky, and modify Station WFLE-FM's license
accordingly. See 60 FR 45391, August 31, 1995. Additionally, we dismiss
the invalid counterproposals filed jointly by Kentucky River
Broadcasting Company, WMOR, Inc., and James P Gray, since there is no
mutual exclusivity between the petitioner's upgrade request at Milton,
West Virginia, and the counterproponents' upgrade requests for
Morehead-Carlisle-Irvine, Kentucky. Channel 292B1 can be allotted to
Milton, West Virginia, in compliance with the Commission's minimum
distance separation requirements with a site restriction of 0.7
kilometers (0.5 miles) southeast to avoid a short-spacing to the
licensed site of Station WWJM(FM), Channel 292A, New Lexington, Ohio.
The coordinates for Channel 292B1 at Milton are North Latitude 38-29-02
and West Longitude 82-12-59. See Supplementary Information, infra.
EFFECTIVE DATE: July 19, 1996.
FOR FURTHER INFORMATION CONTACT: Sharon P. McDonald, Mass Media Bureau,
(202) 418-2180.
SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's
Report and Order, MM Docket No. 95-137, adopted May 17, 1996, and
released June 4, 1996. The full text of this Commission decision is
available for inspection and copying during normal business hours in
the FCC Reference Center (Room 239), 1919 M Street, NW., Washington,
DC. The complete text of this decision may also be purchased from the
Commission's copy contractors, International Transcription Service,
Inc., (202) 857-3800, 2100 M Street, NW., Suite 140, Washington, DC
20037.
Channel 236A can also be allotted to Flemingsburg, Kentucky, in
compliance with the Commission's minimum distance separation
requirements at Station WFLE-FM's presently licensed site. The
coordinates for Channel 236A at Flemingsburg are North Latitude 38-24-
42 and West Longitude 83-34-41. With this action, this proceeding is
terminated.
List of Subjects in 47 CFR Part 73
Radio broadcasting.
Part 73 of title 47 of the Code of Federal Regulations is amended
as follows:
PART 73--[AMENDED]
1. The authority citation for part 73 continues to read as follows:
Authority: Sections 303, 48 Stat., as amended, 1082; 47 U.S.C.
154, as amended.
Sec. 73.202 [Amended]
2. Section 73.202(b), the Table of FM Allotments under West
Virginia, is amended by removing Channel 292A and adding Channel 292B1
at Milton.
3. Section 73.202(b), the Table of FM Allotments under Kentucky, is
amended by removing Channel 292A and adding Channel 236A at
Flemingsburg.
Federal Communications Commission.
John A. Karousos,
Chief, Allocations Branch, Policy and Rules Division, Mass Media
Bureau.
[FR Doc. 96-14704 Filed 6-10-96; 8:45 am]
BILLING CODE 6712-01-F
Complete official Federal Register PDF
FR Doc. 96-14703 Radio Broadcasting Services; Sumter, Orangeburg and Columbia, SC
[Federal Register Volume 61, Number 113 (Tuesday, June 11, 1996)]
[Rules and Regulations]
[Pages 29492-29493]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14703]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 73
[MM Docket No. 89-590; RM-7071, RM-7855]
Radio Broadcasting Services; Sumter, Orangeburg and Columbia, SC
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: The Commission, at the request of Gamecock City Broadcasting,
Inc. (now Threshold Broadcasting, Inc.), dismisses the request to
reallot Channel 267C from Sumter to Columbia, South Carolina, and
modify Station WWDM's license accordingly. See 55 Fed. Reg. 883,
January 10, 1990. The Commission also denies the request of Radio South
Carolina, Inc., to reallot Channel 294C1 from Orangeburg to Columbia,
and the modification of Station WTCB(FM)'s license accordingly. See 57
Fed. Reg. 7902, March 5, 1992. With this action, this proceeding is
terminated.
EFFECTIVE DATE: June 11, 1996.
FOR FURTHER INFORMATION CONTACT: Leslie K. Shapiro, Mass Media Bureau,
(202) 418-2180.
SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's
Report and Order, MM Docket No. 89-590, adopted May 24, 1996, and
released June 4, 1996. The full text of this Commission decision is
available for inspection and copying during normal business hours in
the FCC's Reference Center (Room 239), 1919 M Street, NW., Washington,
DC. The complete text of this decision may also be purchased from the
Commission's copy contractor, International Transcription Service,
Inc., (202) 857-3800, 2100 M Street, NW., Suite 140, Washington, DC
20037.
List of Subjects in 47 CFR Part 73
Radio broadcasting.
[[Page 29493]]
Federal Communications Commission.
John A. Karousos,
Chief, Allocations Branch, Policy and Rules Division, Mass Media
Bureau.
[FR Doc. 96-14703 Filed 6-10-96; 8:45 am]
BILLING CODE 6712-01-F
Complete official Federal Register PDF
FR Doc. 96-14697 Indirect Food Additives: Polymers
[Federal Register Volume 61, Number 113 (Tuesday, June 11, 1996)]
[Rules and Regulations]
[Pages 29474-29476]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14697]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
21 CFR Part 177
[Docket No. 92F-0357]
Indirect Food Additives: Polymers
AGENCY: Food and Drug Administration, HHS.
ACTION: Final rule.
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SUMMARY: The Food and Drug Administration (FDA) is amending the food
additive regulations to provide for the safe use of polysulfone resins
identified as 1,1'-sulfonylbis[4-chlorobenzene] polymer with 4,4'-(1-
methylethylidene)bis[phenol] (minimum 92 percent) and 4,4'-
sulfonylbis[phenol] (maximum 8 percent) (CAS Reg. No. 88285-91-0)
consisting of basic resins produced when a mixture of 4,4'-
isopropylidenediphenol (minimum 92 percent) and 4,4'-
sulfonylbis[phenol]
[[Page 29475]]
(maximum 8 percent) is made to react with 4,4'-dichlorodiphenyl sulfone
in such a way that the finished resins have a minimum number average
molecular weight of 26,000, as determined by osmotic pressure in
dimethylformamide, as an article or component of articles for use in
contact with food. This action responds to a food additive petition
filed by BASF Corp.
DATES: Effective June 11, 1996; written objections and requests for a
hearing by July 11, 1996.
ADDRESSES: Submit written objections to the Dockets Management Branch
(HFA-305), Food and Drug Administration, 12420 Parklawn Dr., rm. 1-23,
Rockville, MD 20857.
FOR FURTHER INFORMATION CONTACT: Richard H. White, Center for Food
Safety and Applied Nutrition (HFS-216),- Food and Drug Administration,
200 C St. SW., Washington, DC 20204, 202-418-3094.
SUPPLEMENTARY INFORMATION: In a notice published in the Federal
Register of November 17, 1992 (57 FR 54247), FDA announced that a food
additive petition (FAP 1B4262) had been filed by BASF Corp., 1609
Biddle Ave., Wyandotte, MI 48192-3799. The petition proposed to amend
the food additive regulations in Sec. 177.1655 Polysulfone resins (21
CFR 177.1655) to provide for the safe use of a polysulfone resin
consisting of 1,1'-sulfonylbis[4-chlorobenzene] polymer with 4,4'-(1-
methylethylidene)bis[phenol] and 4,4'-sulfonylbis[phenol], as an
article or component of articles intended for use in contact with food.
FDA has evaluated the data in the petition and other relevant
material. Based upon its review, the agency concludes that the food
additive is more appropriately identified as 1,1'-sulfonylbis[4-
chlorobenzene] polymer with 4,4'-(1-methylethylidene)bis[phenol]
(minimum 92 percent) and 4,4'-sulfonylbis[phenol] (maximum 8 percent)
(CAS Reg. No. 88285-91-0). FDA is therefore adopting this name for the
food additive in this final rule. The petitioner also requested an
amendment to the petition to adopt a 0.01 percent (100 parts per
million) limit for the residual solvent, N-methyl-2-pyrrolidone, in the
finished basic resin. The agency agrees that this is appropriate
limitation and, based upon the available data, concludes that the
proposed food additive use is safe and that the additive will achieve
its intended technical effect. Therefore, FDA further concludes that
Sec. 177.1655 should be amended to revise paragraph (a), and in the
table in paragraph (b) to add N-methyl-2-pyrrolidone and to revise the
limitations.
In accordance with Sec. 171.1(h) (21 CFR 171.1(h)), the petition
and the documents that FDA considered and relied upon in reaching its
decision to approve the petition are available for inspection at the
Center for Food Safety and Applied Nutrition by appointment with the
information contact person listed above. As provided in 21 CFR
171.1(h), the agency will delete from the documents any materials that
are not available for public disclosure before making the documents
available for inspection.
The agency has carefully considered the potential environmental
effects of this action. FDA has concluded that the action will not have
a significant impact on the human environment, and that an
environmental impact statement is not required. The agency's finding of
no significant impact and the evidence supporting that finding,
contained in an environmental assessment, may be seen in the Dockets
Management Branch (address above) between 9 a.m. and 4 p.m., Monday
through Friday.
Any person who will be adversely affected by this regulation may at
any time on or before July 11, 1996, file with the Dockets Management
Branch (address above) written objections thereto. Each objection shall
be separately numbered, and each numbered objection shall specify with
particularity the provisions of the regulation to which objection is
made and the grounds for the objection. Each numbered objection on
which a hearing is requested shall specifically so state. Failure to
request a hearing for any particular objection shall constitute a
waiver of the right to a hearing on that objection. Each numbered
objection for which a hearing is requested shall include a detailed
description and analysis of the specific factual information intended
to be presented in support of the objection in the event that a hearing
is held. Failure to include such a description and analysis for any
particular objection shall constitute a waiver of the right to a
hearing on the objection. Three copies of all documents shall be
submitted and shall be identified with the docket number found in
brackets in the heading of this document. Any objections received in
response to the regulation may be seen in the Dockets Management Branch
between 9 a.m. and 4 p.m., Monday through Friday.
List of Subjects in 21 CFR Part 177
Food additives, Food packaging.
Therefore, under the Federal Food, Drug, and Cosmetic Act and under
authority delegated to the Commissioner of Food and Drugs and
redelegated to the Director, Center for Food Safety and Applied
Nutrition, 21 CFR part 177 is amended as follows:
PART 177--INDIRECT FOOD ADDITIVES: POLYMERS
1. The authority citation for 21 CFR part 177 continues to read as
follows:
Authority: Secs. 201, 402, 409, 721 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 321, 342, 348, 379e).
2. Section 177.1655 is amended by revising paragraph (a) and the
table in paragraph (b) to read as follows:
Sec. 177.1655 Polysulfone resins.
* * * * *
(a) For the purpose of this section, polysulfone resins are:
(1) Poly(oxy-p-phenylenesulfonyl-p-phenyleneoxy-p-
phenyleneisopropylidene-p-phenylene) resins (CAS Reg. No. 25154-01-2)
consisting of basic resins produced when the disodium salt of 4,4'-
isopropylidenediphenol is made to react with 4,4'-dichlorodiphenyl
sulfone in such a way that the finished resins have a minimum number
average molecular weight of 15,000, as determined by osmotic pressure
in monochlorobenzene; or
(2) 1,1'-Sulfonylbis[4-chlorobenzene] polymer with 4,4'-(1-
methylethylidene)bis[phenol] (minimum 92 percent) and 4,4'-
sulfonylbis[phenol] (maximum 8 percent) (CAS Reg. No. 88285-91-0)
produced when a mixture of 4,4'-isopropylidenediphenol (minimum 92
percent) and 4,4'-sulfonylbis[phenol] (maximum 8 percent) is made to
react with 4,4'-dichlorodiphenyl sulfone in such a way that the
finished resin has a minimum number average molecular weight of 26,000,
as determined by osmotic pressure in dimethylformamide.
* * * * *
(b) * * *
------------------------------------------------------------------------
List of substances Limitations
------------------------------------------------------------------------
Dimethyl sulfoxide........................ Not to exceed 50 parts per
million as residual solvent
in finished basic resin in
paragraph (a)(1) of this
section.
[[Page 29476]]
Monochlorobenzene......................... Not to exceed 500 parts per
million as residual solvent
in finished basic resin in
paragraph (a)(1) of this
section.
N-methyl-2-pyrrolidone.................... Not to exceed 0.01 percent
(100 parts per million) as
residual solvent in
finished basic resin in
paragraph (a)(2) of this
section.
------------------------------------------------------------------------
* * * * *
Dated: May 17, 1996.
Fred R. Shank,
Director, Center for Food Safety and Applied Nutrition.
[FR Doc. 96-14697 Filed 6-10-96; 8:45 am]
BILLING CODE 4160-01-F
Complete official Federal Register PDF
FR Doc. 96-14680 National Emission Standards for Hazardous Air Pollutants for Source Categories: Perchloroethylene Dry Cleaning Facilities; Notice of Availability of Guidance
[Federal Register Volume 61, Number 113 (Tuesday, June 11, 1996)]
[Rules and Regulations]
[Page 29485]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14680]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[AD-FRL-5517-8]
National Emission Standards for Hazardous Air Pollutants for
Source Categories: Perchloroethylene Dry Cleaning Facilities; Notice of
Availability of Guidance
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of availability of guidance.
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SUMMARY: This action announces the availability of guidance for the
implementation of the national emission standards for hazardous air
pollutants (NESHAP) for perchloroethylene (PCE) dry cleaning facilities
promulgated in the Federal Register on September 22, 1993. The NESHAP
was promulgated to minimize emissions of PCE, which has been listed by
EPA as a hazardous air pollutant (HAP).
ADDRESSES: Docket. Docket Number A-95-16, which contains the guidance
announced in this notice as Item Number V-B-1, is available for public
inspection and copying between the hours of 8:00 a.m. and 5:30 p.m.,
Monday through Friday (except for government holidays) at The Air and
Radiation Docket and Information Center, U.S. Environmental Protection
Agency, 401 M Street, SW., Washington, DC 20460. Copies of documents
may also be copied from The Air and Radiation Docket and Information
Center by calling (202) 260-7548. A reasonable fee may be charged for
copying.
FOR FURTHER INFORMATION CONTACT: Mr. George Smith at (919) 541-1549,
Emission Standards Division (MD-13), U.S. Environmental Protection
Agency, Research Triangle Park, North Carolina 27711.
SUPPLEMENTARY INFORMATION: National emission standards for hazardous
air pollutants (NESHAP) for perchloroethylene (PCE) dry cleaning
facilities were promulgated on September 22, 1993 (58 FR 49354), and
amended on December 20, 1993 (58 FR 66287), as 40 CFR Part 63, subpart
M. On December 20, 1993, the International Fabricare Institute (IFI), a
trade association representing commercial and industrial dry cleaners
nationwide, submitted a statement of issues to the U.S. Court of
Appeals for the District of Columbia Circuit that challenged the
NESHAP. The Agency subsequently entered into a settlement agreement
with IFI to resolve IFI's issues. The settlement agreement between the
litigants calls for EPA to issue written policy guidance concerning
``episodic'' exceedances of annual PCE consumption levels set forth in
the NESHAP. The Agency has issued this guidance entitled, ``Settlement
Agreement on Litigation of National Emission Standards for Hazardous
Air Pollutants for Perchloroethylene Dry Cleaning Facilities,'' which
is available in the docket and on EPA's Technology Transfer Network
(TTN).
Anyone with a computer and a modem can download the guidance from
the Clean Air Act Amendments bulletin board (under ``Recently Signed
Rules'') of the TTN by calling (919) 541-5742. For further information
about how to access the board, call (919) 541-5384.
Dated: May 20, 1996.
Lydia Wegman,
Acting Director, Office of Air Quality Planning and Standards.
[FR Doc. 96-14680 Filed 6-10-96; 8:45 am]
BILLING CODE 6560-50-P
Complete official Federal Register PDF
FR Doc. 96-14651 Implantation or Injectable Dosage Form New Animal Drugs; Ceftiofur Hydrochloride Sterile Suspension
[Federal Register Volume 61, Number 113 (Tuesday, June 11, 1996)]
[Rules and Regulations]
[Pages 29478-29479]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14651]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration-
21 CFR Part 522
Implantation or Injectable Dosage Form New Animal Drugs;
Ceftiofur Hydrochloride Sterile Suspension
AGENCY: Food and Drug Administration, HHS.
ACTION: Final rule.
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SUMMARY: The Food and Drug Administration (FDA) is amending the animal
drug regulations to reflect approval of a new animal drug application
(NADA) filed by The Upjohn Co. The NADA provides for use of ceftiofur
hydrochloride sterile suspension for intramuscular injection in swine
for treatment and control of certain forms of swine bacterial
respiratory disease.
EFFECTIVE DATE: June 11, 1996.
FOR FURTHER INFORMATION CONTACT: George K. Haibel, Center for
Veterinary Medicine (HFV-133), Food and Drug Administration, 7500
Standish Pl., Rockville, MD 20855, 301-594-1644.
SUPPLEMENTARY INFORMATION: The Upjohn Co., Kalamazoo, MI 49001, is
sponsor of NADA 140-890, which provides for use of Excenel
Sterile Suspension (ceftiofur hydrochloride equivalent to 50 milligrams
(mg) per milliliter ceftiofur). The NADA provides for intramuscular
injection in swine for treatment and control of swine bacterial
respiratory disease (swine bacterial pneumonia) associated with
Actinobacillus (Haemophilus)
[[Page 29479]]
pleuropneumoniae, Pastureurella multocida, Salmonella choleraesuis, and
Streptococcus suis Type 2 at 1.36 to 2.27 mg/pound body weight (3 to 5
mg/kilograms). The NADA is approved as of April 26, 1996, and the
regulations are amended by adding new 21 CFR 522.314 to reflect the
approval. The basis for approval is discussed in the freedom of
information summary.
In accordance with the freedom of information provisions of part 20
(21 CFR part 20) and Sec. 514.11(e)(2)(ii) (21 CFR 514.11 (e)(2)(ii)),
a summary of safety and effectiveness data and information submitted to
support approval of this application may be seen in the Dockets
Management Branch (HFA-305), Food and Drug Administration, 12420
Parklawn Dr., rm. 1-23, Rockville, MD 20857, between 9 a.m. and 4 p.m.,
Monday through Friday.
Under section 512(c)(2)(F)(ii) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360b(c)(2)(F)(ii)), this approval qualifies for
3 years of marketing exclusivity beginning April 26, 1996, because it
contains reports of new clinical or field investigations (other than
bioequivalence or residue studies) or human food safety studies (other
than bioequivalence or residue studies) essential to the approval and
conducted or sponsored by the applicant.
The agency has carefully considered the potential environmental
effects of this action. FDA has concluded that the action will not have
a significant impact on the human environment, and that an
environmental impact statement is not required. The agency's finding of
no significant impact and the evidence supporting that finding,
contained in an environmental assessment, may be seen in the Dockets
Management Branch (address above) between 9 a.m. and 4 p.m., Monday
through Friday.
List of Subjects in 21 CFR Part 522
Animal drugs.
Therefore, under the Federal Food, Drug, and Cosmetic Act and under
authority delegated to the Commissioner of Food and Drugs and
redelegated to the Center for Veterinary Medicine, 21 CFR part 522 is
amended as follows:
PART 522--IMPLANTATION OR INJECTABLE DOSAGE FORM NEW ANIMAL DRUGS
1. The authority citation for 21 CFR part 522 continues to read as
follows:
Authority: Sec. 512 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 360b).
2. New Sec. 522.314 is added to read as follows:
Sec. 522.314 Ceftiofur hydrochloride sterile suspension.
(a) Specifications. Each milliliter contains ceftiofur
hydrochloride equivalent to 50 milligrams of ceftiofur.
(b) Sponsor. See No. 000009 in Sec. 510.600(c) of this chapter.
(c) Related tolerances. See Sec. 556.113 of this chapter.
(d) Conditions of use. (1) Swine--(i) Amount. 3 to 5 milligrams per
kilogram (1.36 to 2.27 milligrams per pound) of body weight.
(ii) Indications for use. For treatment and control of swine
bacterial respiratory disease (swine bacterial pneumonia) associated
with Actinobacillus (Haemophilus) pleuropneumoniae, Pastureurella
multocida, Salmonella choleraesuis, and Streptococcus suis Type 2.
(iii) Limitations. For intramuscular use only. Treatment should be
repeated at 24-hour intervals for a total of 3 consecutive days. Do not
use in animals previously found to be hypersensitive to the drug. Use
of dosages in excess of those indicated or route of administration
other than that recommended may result in illegal residues in tissues.
Safety of ceftiofur has not been determined in breeding swine. Federal
law restricts this drug to use by or on the order of a licensed
veterinarian.
(2) [Reserved]
Dated:May 28, 1996
Stephen F. Sundlof
Director,Center for Veterinary Medicine
[FR Doc. 96-14651 Filed 6-10-96; 8:45 am]
BILLING CODE 4160-01-F
Complete official Federal Register PDF
FR Doc. 96-14650 New Animal Drugs for Use in Animal Feeds; Semduramicin With Bacitracin Methylene Disalicylate and Roxarsone
[Federal Register Volume 61, Number 113 (Tuesday, June 11, 1996)]
[Rules and Regulations]
[Page 29481]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14650]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
21 CFR Part 558
New Animal Drugs for Use in Animal Feeds; Semduramicin With
Bacitracin Methylene Disalicylate and Roxarsone
AGENCY: Food and Drug Administration, HHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Food and Drug Administration (FDA) is amending the animal
drug regulations to reflect approval of a new animal drug application
(NADA) filed by Pfizer, Inc. The NADA provides for using approved
single ingredient Type A medicated articles to make combination drug
Type C medicated broiler chicken feeds containing semduramicin with
bacitracin methylene disalicylate and roxarsone. The Type C medicated
feed is used for prevention of coccidiosis and for improved feed
efficiency.
EFFECTIVE DATE: June 11, 1996.
FOR FURTHER INFORMATION CONTACT: James F. McCormack, Center for
Veterinary Medicine (HFV-128), Food and Drug Administration, 7500
Standish Pl., Rockville, MD 20855, 301-594-1607.
SUPPLEMENTARY INFORMATION: Pfizer, Inc., 235 East 42d St., New York, NY
10017, filed NADA 141-058, which provides for combining approved Type A
medicated articles containing Aviax (semduramicin sodium)
with BMD (bacitracin methylene disalicylate) and 3-
Nitro (roxarsone) to make combination drug Type C medicated
broiler chicken feeds containing 22.7 grams (g) of semduramicin, 10 to
50 g of bacitracin methylene disalicylate, and 45.4 g of roxarsone per
ton. The Type C medicated feed is used for the prevention of
coccidiosis caused by Eimeria acervulina, E. brunetti, E. maxima, E.
mivati/E. miti, E. necatrix, and E. tenella, including some field
strains of E. tenella that are more susceptible to semduramicin
combined with roxarsone than semduramicin alone, and for improved feed
efficiency in broiler chickens. The NADA is approved as of June 11,
1996, and the regulations are amended by adding new 21 CFR
558.555(b)(2) to reflect the approval. The basis for approval is
discussed in the freedom of information summary.
Roxarsone is a Category II drug which, as provided in 21 CFR 558.4,
requires an approved medicated feed application (Form FDA 1900) for
making a Type C medicated feed. Therefore, making a Type C medicated
feed containing semduramicin, bacitracin methylene disalicylate, and
roxarsone requires an approved Form FDA 1900.
In accordance with the freedom of information provisions of part 20
(21 CFR part 20) and Sec. 514.11(e)(2)(ii) (21 CFR 514.11(e)(2)(ii)), a
summary of safety and effectiveness data and information submitted to
support approval of this application may be seen in the Dockets
Management Branch (HFA-305), Food and Drug Administration, rm. 1-23,
12420 Parklawn Dr., Rockville, MD 20857, between 9 a.m. and 4 p.m.,
Monday through Friday.
Under section 512(c)(2)(F)(ii) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360b(c)(2)(F)(ii)), this approval qualifies for
3 years marketing exclusivity beginning June 11, 1996, because the
application contains reports of new clinical or field investigations
(other than bioequivalence or residue studies) essential to the
approval of the application and conducted or sponsored by the
applicant.
The agency has determined under 21 CFR 25.24(d)(1)(ii) that this
action is of a type that does not individually or cumulatively have a
significant effect on the human environment. Therefore, neither an
environmental assessment nor an environmental impact statement is
required.
List of Subjects in 21 CFR Part 558
Animal drugs, Animal feeds.
Therefore, under the Federal Food, Drug, and Cosmetic Act and under
authority delegated to the Commissioner of Food and Drugs and
redelegated to the Center for Veterinary Medicine, 21 CFR part 558 is
amended as follows:
PART 558--NEW ANIMAL DRUGS FOR USE IN ANIMAL FEEDS
1. The authority citation for 21 CFR part 558 continues to read as
follows:
Authority: Secs. 512, 701 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360b, 371).
2. Section 558.555 is amended by adding new paragraph (b)(2) to
read as follows:
Sec. 558.555 Semduramicin.
* * * * *
(b) * * *
(2) Amount. Semduramicin 22.7 grams with bacitracin methylene
disalicylate 10 to 50 grams and roxarsone 45.4 grams per ton.
(i) Indications for use. For the prevention of coccidiosis caused
by Eimeria acervulina, E. brunetti, E. maxima, E. mivati/E. mitis, E.
necatrix, and E. tenella, including some field strains of E. tenella
that are more susceptible to semduramicin combined with roxarsone than
semduramicin alone, and for improved feed efficiency.
(ii) Limitations. Feed continuously as sole ration. Use feed within
2 weeks of production. Withdraw 5 days before slaughter. Do not feed to
laying hens. Use as sole source of organic arsenic. Poultry should have
access to drinking water at all times. Drug overdosage or lack of water
intake may result in leg weakness or paralysis.
Dated: May 28, 1996.
Stephen F. Sundlof,
Director, Center for Veterinary Medicine.
[FR Doc. 96-14650 Filed 6-10-96; 8:45 am]
BILLING CODE 4160-01-F
Complete official Federal Register PDF
FR Doc. 96-14649 Animal Drugs, Feeds, and Related Products; Change of Sponsor
[Federal Register Volume 61, Number 113 (Tuesday, June 11, 1996)]
[Rules and Regulations]
[Page 29479]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14649]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
21 CFR Part 522
Animal Drugs, Feeds, and Related Products; Change of Sponsor
AGENCY: Food and Drug Administration, HHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Food and Drug Administration (FDA) is amending the animal
drug regulations to reflect the change of sponsor for an approved new
animal drug application (NADA) from Syntex Animal Health, Division of
Syntex Agri-business, Inc., to Fort Dodge Laboratories, Division of
American Home Products.
EFFECTIVE DATE: June 11, 1996.
FOR FURTHER INFORMATION CONTACT: Thomas J. McKay, Center for Veterinary
Medicine (HFV-102), Food and Drug Administration, 7500 Standish Pl.,
Rockville, MD 20855, 301-827-0213.
SUPPLEMENTARY INFORMATION: Syntex Animal Health, Division of Syntex
Agri-business, Inc., 3401 Hillview Ave., Palo Alto, CA 94303, has
informed FDA that it has transferred the ownership of, and all rights
and interests in, the approved NADA 141-043 (Synovex Plus) to Fort
Dodge Laboratories, Division of American Home Products Corp., 800 5th
St. NW., Fort Dodge, IA 50501. -Accordingly, FDA is amending the
regulations in 21 CFR part 522.2478 to reflect the change of sponsor.
List of Subjects in 21 CFR Part 522
Animal drugs.
Therefore, under the Federal Food, Drug, and Cosmetic Act and under
authority delegated to the Commissioner of Food and Drugs and
redelegated to the Center for Veterinary Medicine, 21 CFR part 522 is
amended as follows:
PART 522--IMPLANTATION OR INJECTABLE DOSAGE FORM NEW ANIMAL DRUGS
1. The authority citation for 21 CFR part 522 continues to read as
follows:
Authority: Sec. 512 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 360b).
Sec. 522.2478 [Amended]
2. Section 522.2478 Trenbolone acetate and estradiol benzoate is
amended in paragraph (a) by removing ``000033'' and adding in its place
``000856''.
Dated: May 22, 1996.
Robert C. Livingston,
Director, Office of New Animal Drug Evaluation, Center for Veterinary
Medicine.
[FR Doc. 96-14649 Filed 6-10-96; 8:45 am]
BILLING CODE 4160-01-F
Complete official Federal Register PDF
FR Doc. 96-14648 Indirect Food Additives: Adhesives and Components of Coatings
[Federal Register Volume 61, Number 113 (Tuesday, June 11, 1996)]
[Rules and Regulations]
[Page 29474]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14648]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
21 CFR Part 175
[Docket No. 88F-0426]
Indirect Food Additives: Adhesives and Components of Coatings
AGENCY: Food and Drug Administration, HHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Food and Drug Administration (FDA) is amending the food
additive regulations to provide for the safe use of 3-aminomethyl-
3,5,5-trimethylcyclohexylamine as a cross-linking agent for use in
epoxy resin coatings. This action responds to a petition filed by Huels
AG.
DATES: Effective June 11, 1996; written objections and requests for a
hearing by July 11, 1996.
ADDRESSES: Submit written objections to the Dockets Management Branch
(HFA-305), Food and Drug Administration, 12420 Parklawn Dr., rm. 1-23,
Rockville, MD 20857.
FOR FURTHER INFORMATION CONTACT: Julius Smith, Center for Food Safety
and Applied Nutrition (HFS-216), Food and Drug Administration, 200 C
St. SW., Washington, DC 20204, 202-418-3091.
SUPPLEMENTARY INFORMATION: In a notice published in the Federal
Register of January 26, 1989 (54 FR 3853), FDA announced that a food
additive petition (FAP 9B4118) had been filed by Huels AG, P.O. Box
1320, D-4370 Marl, Federal Republic of Germany (currently c/o Bruce
EnvivoExcel Group, Inc., 94 Buttermilk Bridge Rd., Washington, NJ
07882). The petition proposed that the food additive regulations in
Sec. 175.300 Resinous and polymeric coatings (21 CFR 175.300) be
amended to provide for the safe use of 3-aminomethyl-3,5,5-
trimethylcyclohexylamine as a cross-linking agent for use in epoxy
resins complying with Sec. 175.300(b)(3)(viii).
FDA has evaluated the data in the petition and other relevant
material. The agency concludes that the proposed use of the additive in
resinous and polymeric coatings that are intended for contact with
foods is safe and that the regulations in Sec. 175.300 should be
amended as set forth below.
In accordance with Sec. 171.1(h) (21 CFR 171.1(h)), the petition
and the documents that FDA considered and relied upon in reaching its
decision to approve the petition are available for inspection at the
Center for Food Safety and Applied Nutrition by appointment with the
information contact person listed above. As provided in 21 CFR
171.1(h), the agency will delete from the documents any materials that
are not available for public disclosure before making the documents
available for inspection.
The agency has carefully considered the potential environmental
effects of this action. FDA has concluded that the action will not have
a significant impact on the human environment, and that an
environmental impact statement is not required. The agency's finding of
no significant impact and the evidence supporting that finding,
contained in an environmental assessment, may be seen in the Dockets
Management Branch (address above) between 9 a.m. and 4 p.m., Monday
through Friday.
Any person who will be adversely affected by this regulation may at
any time on or before July 11, 1996, file with the Dockets Management
Branch (address above) written objections thereto. Each objection shall
be separately numbered, and each numbered objection shall specify with
particularity the provisions of the regulation to which objection is
made and the grounds for the objection. Each numbered objection on
which a hearing is requested shall specifically so state. Failure to
request a hearing for any particular objection shall constitute a
waiver of the right to a hearing on that objection. Each numbered
objection for which a hearing is requested shall include a detailed
description and analysis of the specific factual information intended
to be presented in support of the objection in the event that a hearing
is held. Failure to include such a description and analysis for any
particular objection shall constitute a waiver of the right to a
hearing on the objection. Three copies of all documents shall be
submitted and shall be identified with the docket number found in
brackets in the heading of this document. Any objections received in
response to the regulation may be seen in the Dockets Management Branch
between 9 a.m. and 4 p.m., Monday through Friday.
List of Subjects in 21 CFR Part 175
Adhesives, Food additives, Food packaging.
Therefore, under the Federal Food, Drug, and Cosmetic Act and under
authority delegated to the Commissioner of Food and Drugs and
redelegated to the Director, Center for Food Safety and Applied
Nutrition, 21 CFR part 175 is amended as follows:
PART 175--INDIRECT FOOD ADDITIVES: ADHESIVES AND COMPONENTS OF
COATINGS
1. The authority citation for 21 CFR part 175 continues to read as
follows:
-Authority: Secs. 201, 402, 409, 721 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 321, 342, 348, 379e).
2. Section 175.300 is amended in paragraph (b)(3)(viii)(b) by
alphabetically adding a new entry to read as follows:
Sec. 175.300 Resinous and polymeric coatings.
* * * * *
(b) * * *
(3) * * *
(viii) * * *
(b) Catalysts and cross-linking agents for epoxy resins:
3-Aminomethyl-3,5,5-trimethylcyclohexylamine (CAS Reg. No. 2855-13-2).
* * * * *
Dated: May 12, 1996.
Fred R. Shank,
Director, Center for Food Safety and Applied Nutrition.
[FR Doc. 96-14648 Filed 6-10-96; 8:45 am]
BILLING CODE 4160-01-F
Complete official Federal Register PDF
FR Doc. 96-14647 Oral Dosage Form New Animal Drugs; Pyrantel Pamoate Suspension
[Federal Register Volume 61, Number 113 (Tuesday, June 11, 1996)]
[Rules and Regulations]
[Page 29477]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14647]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
21 CFR Part 520
Oral Dosage Form New Animal Drugs; Pyrantel Pamoate Suspension
AGENCY: Food and Drug Administration, HHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Food and Drug Administration (FDA) is amending the animal
drug regulations to reflect approval of an abbreviated new animal drug
application (ANADA) filed by Lambert-Kay, Div. of Carter-Wallace, Inc.
The ANADA provides for oral use of pyrantel pamoate suspension for
removal of large roundworms and hookworms in puppies and dogs and to
prevent reinfections of Toxocara canis in puppies and adult dogs and in
lactating bitches after whelping.
EFFECTIVE DATE: June 11, 1996.
FOR FURTHER INFORMATION CONTACT: Sandra K. Woods, Center for Veterinary
Medicine (HFV-114), Food and Drug Administration, 7500 Standish Pl.,
Rockville, MD 20855, 301-594-1616.
SUPPLEMENTARY INFORMATION: Lambert-Kay, Div. of Carter-Wallace, Inc.,
P.O. Box 1001, Half Acre Rd., Cranbury, NJ 08512-0181, filed ANADA 200-
028, which provides for oral use of Evict, Lassie,
and Vet's OwnTM (pyrantel pamoate) liquid wormer for removal of
large roundworms (T. canis and Toxascaris leonina) and hookworms
(Ancylostoma caninum and Uncinaria stenocephala) in puppies and dogs
and to prevent reinfections of T. canis in puppies and adult dogs and
in lactating bitches after whelping. The product contains pyrantel
pamoate equivalent to 2.27 milligrams of pyrantel base.
Approval of ANADA 200-028 for Lambert-Kay's pyrantel pamoate
suspension is as a generic copy of Pfizer's NADA 100-237 NemexTM
(pyrantel pamoate). The ANADA is approved as of March 28, 1996, and the
regulations in 21 CFR 520.2043(b)(2) are amended to reflect the
approval. The basis of approval is discussed in the freedom of
information summary.
In accordance with the freedom of information provisions of part 20
(21 CFR part 20) and Sec. 514.11(e)(2)(ii) (21 CFR 514.11(e)(2)(ii)), a
summary of safety and effectiveness data and information submitted to
support approval of this application may be seen in the Dockets
Management Branch (HFA-305), Food and Drug Administration, 12420
Parklawn Dr., rm. 1-23, Rockville, MD 20857, between 9 a.m. and 4 p.m.,
Monday through Friday.
The agency has carefully considered the potential environmental
effects of this action. FDA has concluded that the action will not have
a significant impact on the human environment, and that an
environmental impact statement is not required. The agency's finding of
no significant impact and the evidence supporting that finding,
contained in an environmental assessment, may be seen in the Dockets
Management Branch (address above) between 9 a.m. and 4 p.m., Monday
through Friday.
List of Subjects in 21 CFR Part 520
Animal drugs.
Therefore, under the Federal Food, Drug, and Cosmetic Act and under
authority delegated to the Commissioner of Food and Drugs and
redelegated to the Center for Veterinary Medicine, 21 CFR part 520 is
amended as follows:
PART 520--ORAL DOSAGE FORM NEW ANIMAL DRUGS
1. The authority citation for 21 CFR part 520 continues to read as
follows:
Authority: Sec. 512 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 360b).
2. Section 520.2043 is amended by revising paragraph (b)(2) to read
as follows:
Sec. 520.2043 Pyrantel pamoate suspension.
* * * * *
(b) * * *
(2) Sponsors. See No. 000069 for use of 2.27 and 4.54 milligrams
per milliliter product. See No. 011615 for use of 2.27 milligrams per
milliliter product.
* * * * *
Dated: May 15, 1996.
Stephen F. Sundlof,
Director, Center for Veterinary Medicine.
[FR Doc. 96-14647 Filed 6-10-96; 8:45 am]
BILLING CODE 4160-01-F
Complete official Federal Register PDF
FR Doc. 96-14646 Implantation or Injectable Dosage Form New Animal Drugs; Trenbolone Acetate and Estradiol
[Federal Register Volume 61, Number 113 (Tuesday, June 11, 1996)]
[Rules and Regulations]
[Pages 29479-29480]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14646]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
21 CFR Part 522
Implantation or Injectable Dosage Form New Animal Drugs;
Trenbolone Acetate and Estradiol
AGENCY: Food and Drug Administration, HHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Food and Drug Administration (FDA) is amending the animal
drug regulations to reflect approval of a supplemental new animal drug
application (NADA) filed by Roussel-UCLAF, Division Agro-Veterinaire.
The supplemental NADA provides for use of an ear implant containing
trenbolone acetate and estradiol in pasture steers for increased rate
of weight gain.
EFFECTIVE DATE: June 11, 1996.
FOR FURTHER INFORMATION CONTACT: Jack Caldwell, Center for Veterinary
Medicine (HFV-126), Food and Drug
[[Page 29480]]
Administration, 7500 Standish Pl., Rockville, MD 20855, 301-827-0217.
SUPPLEMENTARY INFORMATION: Roussel-UCLAF, Division Agro-Veterinaire,
163 Ave. Gambetta, 75020 Paris, France, filed supplemental NADA 140-
897, which provides for use of an ear implant containing 2 pellets,
each pellet containing 20 milligrams (mg) of trenbolone acetate and 4
mg of estradiol. The implant is used in pasture steers (slaughter,
stocker, feeder) for increased rate of weight gain. The supplemental
NADA is approved as of March 27, 1996, and the regulations are amended
in 21 CFR 522.2477 by adding new paragraph (c)(3) to reflect the
approval. The basis for approval is discussed in the freedom of
information summary.
In accordance with the freedom of information provisions of part 20
(21 CFR part 20) and Sec. 514.11(e)(2)(ii) (21 CFR 514.11 (e)(2)(ii)),
a summary of safety and effectiveness data and information submitted to
support approval of this application may be seen in the Dockets
Management Branch (HFA-305), Food and Drug Administration, 12420
Parklawn Dr., rm. 1-23, Rockville, MD 20857, between 9 a.m. and 4 p.m.,
Monday through Friday.
Under section 512(c)(2)(F)(iii) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360b(c)(2)(F)(iii)), this approval qualifies
for a 3-year period of marketing exclusivity beginning on March 27,
1996, because new clinical or field investigations (other than
bioequivalence or residue studies) essential to the approval were
conducted or sponsored by the applicant.
The agency has carefully considered the potential environmental
effects of this action. FDA has concluded that the action will not have
a significant impact on the human environment, and that an
environmental impact statement is not required. The agency's finding of
no significant impact and the evidence supporting that finding,
contained in an environmental assessment, may be seen in the Dockets
Management Branch (address above) between 9 a.m. and 4 p.m., Monday
through Friday.
List of Subjects in 21 CFR Part 522
Animal drugs.
Therefore, under the Federal Food, Drug, and Cosmetic Act and under
authority delegated to the Commissioner of Food and Drugs and
redelegated to the Center for Veterinary Medicine, 21 CFR part 522 is
amended as follows:
PART 522--IMPLANTATION OR INJECTABLE DOSAGE FORM NEW ANIMAL DRUGS
1. The authority citation for 21 CFR part 522 continues to read as
follows:
Authority: Sec. 512 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 360b).
2. Section 522.2477 is amended by adding new paragraph (c)(3) to
read as follows:
Sec. 522.2477 Trenbolone acetate and estradiol.
* * * * *
(c) * * *
(3) Pasture steers (slaughter, stocker, and feeder steers). (i)
Amount. 40 milligrams of trenbolone acetate and 8 milligrams of
estradiol (2 pellets, each pellet containing 20 milligrams of
trenbolone acetate and 4 milligrams of estradiol) per animal.
(ii) Indications for use. For increased rate of weight gain.
(iii) Limitations. Implant subcutaneously in ear only.
Dated: May 17, 1996.
Robert C. Livingston,
Director, Office of New Animal Drug Evaluation, Center for Veterinary
Medicine.
[FR Doc. 96-14646 Filed 6-10-96; 8:45 am]
BILLING CODE 4160-01-F
Complete official Federal Register PDF
FR Doc. 96-14645 Animal Drugs, Feeds, and Related Products; Fenbendazole- Containing Animal Drug and Feed Products
[Federal Register Volume 61, Number 113 (Tuesday, June 11, 1996)]
[Rules and Regulations]
[Pages 29477-29478]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14645]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
21 CFR Parts 520, 556, and 558
Animal Drugs, Feeds, and Related Products; Fenbendazole-
Containing Animal Drug and Feed Products
AGENCY: Food and Drug Administration, HHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Food and Drug Administration (FDA) is amending the animal
drug regulations to reflect approval of three supplemental new animal
drug applications (NADA's) filed by Hoechst-Roussel Agri-Vet Co. The
supplemental NADA's expand use of fenbendazole-containing suspension,
paste, and medicated animal feed products to include use in dairy
cattle of breeding age for the removal and control of gastrointestinal
parasites and lungworm. They also provide for the establishment of a
safe concentration and tolerance for fenbendazole residues in milk of
treated dairy cattle and no requirement for discard of milk from the
animals.
EFFECTIVE DATE: June 11, 1996.
FOR FURTHER INFORMATION CONTACT: Melanie R. Berson, Center for
Veterinary Medicine (HFV-135), Food and Drug Administration, 7500
Standish Place, Rockville, MD 20855, 301-594-1643.
SUPPLEMENTARY INFORMATION: Hoechst-Roussel Agri-Vet Co., Rt. 202-206
North, P.O. Box 2500, Somerville, NJ 08876-1258, is the sponsor of
NADA's which cover the following fenbendazole-containing animal drug
and medicated feed products: 128-620 for 10 percent suspension, 132-872
for 10 percent paste, and 137-600 for 20 percent Type A medicated
article, 0.5 percent pelleted top dressing, and 35 percent free-choice
mineral feed. The firm holds approvals for use of the products in beef
and dairy cattle not of breeding age for the removal and control of
gastrointestinal parasites and lungworm (as provided for in
Secs. 520.905a, 520.905c, and 558.258 (21 CFR 520.905a, 520.905c, and
558.258)). The firm has submitted supplements to the NADA's providing
for expanding use of the drug products to include use in dairy cattle
of breeding age for the same uses currently approved for the above-
mentioned production classes.
Safe concentrations for total fenbendazole residues in edible
cattle tissues, a tolerance for parent fenbendazole in cattle liver (21
CFR 556.275), and a safe withdrawal time for treated beef cattle were
established based on data and information submitted with the original
NADA 128-620. Based on the evaluation of data generated by additional
studies submitted with these supplements, the agency is establishing a
safe concentration and tolerance for fenbendazole residues in milk of
treated dairy cattle. Also, based on the data, no discard of milk (zero
milk withdrawal) is required and the slaughter
[[Page 29478]]
withdrawal time for treated dairy cattle of breeding age is the same as
that established for beef cattle in the original NADA 128-620.
Supplemental NADA's 128-620 and 132-872 are approved as of March
28, 1996, and Secs. 520.905a and 520.905c are amended to reflect the
approvals. Supplemental NADA 137-600 is approved as of (insert date of
publication in the Federal Register), and Sec. 558.258 is amended to
reflect the approval. The basis for the approvals is discussed in the
freedom of information summaries.
Approval of NADA 137-600 is for use of fenbendazole Type A
medicated article to make Type C medicated feed. Fenbendazole is a
Category II drug which, as provided in 21 CFR 558.4, requires an
appproved Form FDA 1900 for making a Type C medicated feed. Therefore,
use of fenbendazole Type A medicated articles to Type C medicated feeds
as in NADA 137-600 requires an approved Form FDA 1900.
In accordance with the freedom of information provisions of part 20
(21 CFR part 20) and Sec. 514.11(e)(2)(ii) (21 CFR 514.11(e)(2)(ii)),
summaries of safety and effectiveness data and information submitted to
support approval of these applications may be seen in the Dockets
Management Branch (HFA-305), Food and Drug Administration, 12420
Parklawn Dr., rm. 1-23, Rockville, MD 20857, between 9 a.m. and 4 p.m.,
Monday through Friday.
Under section 512(c)(2)(F)(iii) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360b(c)(2)(F)(iii)), these approvals for food-
producing animals do not qualify for exclusivity because the
supplemental applications do not contain new clinical or field
investigations (other than bioequivalence or residue studies) and new
human food safety studies (other than bioequivalence or residue
studies) essential to the approvals and conducted or sponsored by the
applicant.
The agency has carefully considered the potential environmental
effects of this action. FDA has concluded that the action will not have
a significant impact on the human environment, and that an
environmental impact statement is not required. The agency's finding of
no significant impact and the evidence supporting that finding,
contained in an environmental assessment, may be seen in the Dockets
Management Branch (address above) between 9 a.m. and 4 p.m., Monday
through Friday.
List of Subjects
21 CFR Part 520
Animal drugs.
21 CFR Part 556
Animal drugs, Foods.
21 CFR Part 558
Animal drugs, Animal feeds.
Therefore, under the Federal Food, Drug, and Cosmetic Act and under
authority delegated to the Commissioner of Food and Drugs and
redelegated to the Center for Veterinary Medicine, 21 CFR parts 520,
556, and 558 are amended as follows:
PART 520--ORAL DOSAGE FORM NEW ANIMAL DRUGS
1. The authority citation for 21 CFR part 520 continues to read as
follows:
-Authority: Sec. 512 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 360b).
Sec. 520.905a [Amended]
2. Section 520.905a Fenbendazole suspension is amended in paragraph
(d)(2) by revising the paragraph heading to read ``Beef and dairy
cattle'' and in paragraph (d)(2)(i)(B) by removing the third sentence.
Sec. 520.905c [Amended]
3. Section 520.905c Fenbendazole paste is amended in paragraph
(d)(2) by revising the paragraph heading to read ``Beef and dairy
cattle'' and in paragraph (d)(2)(iii) by removing the third sentence.
PART 556--TOLERANCES FOR RESIDUES OF NEW ANIMAL DRUGS IN FOOD
4. The authority citation for 21 CFR part 556 continues to read as
follows:
-Authority: Secs. 402, 512, 701 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 342, 360b, 371).
5. Section 556.275 is amended by adding new paragraph (c) to read
as follows:
Sec. 556.275 Fenbendazole.
* * * * *
(c) Cattle milk. A safe concentration of 1.67 parts per million is
established for total fenbendazole residues. A tolerance of 0.6 part
per million is established based on the fenbendazole sulfoxide
metabolite (marker residue).
PART 558--NEW ANIMAL DRUGS FOR USE IN ANIMAL FEEDS
6. The authority citation for 21 CFR part 558 continues to read as
follows:
Authority: Secs. 512, 701 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360b, 371).
7. Section 558.258 is amended by revising the introductory text of
paragraph (c)(2), by removing the last sentence of paragraph
(c)(2)(iii), by revising the introductory text of paragraph (c)(3) ,
and by removing the fourth sentence of paragraph (c)(3)(iii) to read as
follows:
Sec. 558.258 Fenbendazole.
* * * * *
(c) * * *
(2) It is used in the feed of beef and dairy cattle as follows:
* * * * *
(3) It is used in free-choice beef and dairy cattle feed as
follows:
* * * * *
Dated: May 28, 1996.
Stephen F. Sundlof,
Director, Center for Veterinary Medicine.
[FR Doc. 96-14645 Filed 6-10-96; 8:45 am]
BILLING CODE 4160-01-F
Complete official Federal Register PDF
FR Doc. 96-14644 Implantation or Injectable Dosage Form New Animal Drugs; Tripelennamine Hydrochloride Injection
[Federal Register Volume 61, Number 113 (Tuesday, June 11, 1996)]
[Rules and Regulations]
[Pages 29480-29481]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14644]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
21 CFR Part 522
Implantation or Injectable Dosage Form New Animal Drugs;
Tripelennamine Hydrochloride Injection
AGENCY: Food and Drug Administration, HHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Food and Drug Administration (FDA) is amending the animal
drug regulations to reflect approval of an abbreviated new animal drug
application (ANADA) filed by Phoenix Scientific, Inc. The ANADA
provides for use of tripelennamine hydrochloride injection in cattle
and horses for conditions in which antihistaminic therapy may be
expected to lead to alleviation of some signs of disease.
EFFECTIVE DATE: June 11, 1996.
FOR FURTHER INFORMATION CONTACT: Melanie R. Berson, Center for
Veterinary Medicine (HFV-135), Food and Drug Administration, 7500
Standish Pl., Rockville, MD 20855, 301-594-1643.
SUPPLEMENTARY INFORMATION: Phoenix Scientific, Inc., 3915 South 48th
Street Ter., P.O. Box 6457, St. Joseph, MO 64506-0457, filed ANADA 200-
162 which provides for intravenous and intramuscular use in cattle and
intramuscular use in horses of tripelennamine hydrochloride injection
for conditions in which antihistaminic therapy is indicated. The drug
is limited to use by or on the order of a licensed veterinarian.
Approval of ANADA 200-162 for Phoenix's tripelennamine
hydrochloride injection is as a generic copy of Solvay's NADA 006-417
for Re-Covr Injection (tripelennamine hydrochloride). The
ANADA is approved as of March 28, 1996, and the regulations are amended
by revising Sec. 522.2615(b) (21 CFR 522.2615(b)) to reflect the
approval. The basis of approval is discussed in the freedom of
information summary. In addition, due to enactment of the Generic
Animal Drug and Patent Term Restoration Act of 1988, Sec. 522.2615(d)
is outdated and therefore removed.
In accordance with the freedom of information provisions of part 20
(21 CFR part 20) and Sec. 514.11(e)(2)(ii) (21 CFR 514.11(e)(2)(ii)), a
summary of safety and effectiveness data and information submitted to
support approval of this application may be seen in the Dockets
Management Branch (HFA-305), Food and Drug Administration, 12420
Parklawn Dr., rm. 1-23, Rockville, MD 20857, between 9 a.m. and 4 p.m.,
Monday through Friday.
The agency has carefully considered the potential environmental
effects of this action. FDA has concluded that the action will not have
a significant impact on the human environment, and that an
environmental impact statement is not required. The agency's finding of
no significant impact and the evidence supporting that finding,
contained in an environmental assessment, may be seen in the Dockets
Management Branch (address above) between 9 a.m. and 4 p.m., Monday
through Friday.
List of Subjects in 21 CFR Part 522
Animal drugs.
Therefore, under the Federal Food, Drug, and Cosmetic Act and under
authority delegated to the Commissioner of Food and Drugs and
redelegated to the Center for Veterinary Medicine, 21 CFR part 522 is
amended as follows:
PART 522--IMPLANTATION OR INJECTABLE DOSAGE FORM NEW ANIMAL DRUGS
1. The authority citation for 21 CFR part 522 continues to read as
follows:
Authority: Sec. 512 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 360b).
Sec. 522.2615 [Amended]
2. Section 522.2615 Tripelennamine hydrochloride injection is
amended in
[[Page 29481]]
paragraph (b) by removing ``No. 053501'' and adding in its place ``Nos.
053501 and 059130'' and by removing paragraph (d).
Dated: May 28, 1996.
Stephen F. Sundlof,
Director, Center for Veterinary Medicine.
[FR Doc. 96-14644 Filed 6-10-96; 8:45 am]
BILLING CODE 4160-01-F
Complete official Federal Register PDF
FR Doc. 96-14632 Airworthiness Directives; Cessna Aircraft Company 150 and A150 Series and Models 152 and A152 Airplanes
[Federal Register Volume 61, Number 113 (Tuesday, June 11, 1996)]
[Rules and Regulations]
[Pages 29468-29472]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14632]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 95-CE-14-AD; Amendment 39-9666; AD 96-12-23]
RIN 2120-AA64
Airworthiness Directives; Cessna Aircraft Company 150 and A150
Series and Models 152 and A152 Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This amendment adopts a new airworthiness directive (AD) that
applies to Cessna Aircraft Company (Cessna) 150 and A150 series and
Models 152 and A152 airplanes that have a Bush Conversions, Inc., Short
Takeoff and Landing (STOL) kit incorporated in accordance with
Supplemental Type Certificate (STC) SA1371SW. This action requires
measuring the wing stall fence for maximum height, and installing a
smaller fence if the fence exceeds the maximum height of 1.28 inches.
An accident of a Cessna Model 152 airplane where the STOL kit adversely
affected the airplane's stall characteristics prompted this action. The
actions
[[Page 29469]]
specified by this AD are intended to prevent the airplane from entering
a stall condition because of improper wing stall fence height, which
could result in loss of control of the airplane.
EFFECTIVE DATE: July 31, 1996.
ADDRESSES: Figure 1 of the proposed AD may be obtained from the Wichita
Aircraft Certification Office, FAA, 1801 Airport Road, Mid-Continent
Airport, Wichita, Kansas 67209; and may be examined at the Federal
Aviation Administration (FAA), Central Region, Office of the Assistant
Chief Counsel, Attention: Rules Docket 95-CE-14-AD, Room 1558, 601 E.
12th Street, Kansas City, Missouri 64106.
FOR FURTHER INFORMATION CONTACT: Mr. Larry Engler, Aerospace Engineer,
Wichita Aircraft Certification Office, FAA, 1801 Airport Road, Mid-
Continent Airport, Wichita, Kansas 67209; telephone (316) 946-4122;
facsimile (316) 946-4407.
SUPPLEMENTARY INFORMATION:
Events Leading to the AD
A proposal to amend part 39 of the Federal Aviation Regulations (14
CFR part 39) to include an AD that would apply to Cessna 150 and A150
series and Models 152 and A152 airplanes that have a Bush Conversions,
Inc., Short Takeoff and Landing (STOL) kit incorporated in accordance
with Supplemental Type Certificate (STC) SA1371SW was published in the
Federal Register on July 12, 1995 (60 FR 35873). The action proposed to
require measuring the wing stall fence for maximum height, and
installing a smaller fence if the fence exceeds the maximum height of
1.28 inches. Figure 1 of the proposal includes information for
inspecting the stall fence height. An accident of a Cessna Model 152
airplane where the STOL kit adversely affected the airplane's stall
characteristics prompted the proposal.
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
the comments received.
Comment Resolution
Cessna states that the AD should be written against Bush
Conversions, Inc., instead of the Cessna Aircraft Company. Cessna
believes this because Bush Conversions, Inc., is the owner of the STC
that the STOL kit is incorporated in accordance with and Cessna has no
approval on the components that are affected by the proposal. The FAA
partially concurs. While Cessna does not hold approval for the STC, the
STC was approved to only be incorporated on Cessna 150 and A150 series
and Models 150 and A150 airplanes; therefore, the unsafe condition can
only exist on these airplanes. Because the unsafe condition referenced
by the proposal can only exist on those affected Cessna models that
have the referenced STC incorporated, the AD is written against Cessna
150 and A150 series and Models 152 and A152 airplanes that have a Bush
Conversions, Inc. STOL kit incorporated in accordance with STC
SA1371SW.
Another commenter opposes the proposal because of no adverse
personal service experience. This commenter states that he has in
excess of 1,500 hours time-in-service of flight instruction in a Cessna
150 with the affected Bush Conversions, Inc. STOL kit incorporated, and
he has had no adverse service experience during this time. The FAA does
not concur that the proposal should be withdrawn based on this
commenter's extensive safe service experience. The FAA does not issue
AD's based on whether the unsafe condition currently exists on all
airplanes, but rather on when a condition ``could exist or develop on
an airplane of the same type design.'' In addition, the FAA found that
the commenter's airplane has a different Bush STC incorporated than
that affected by the proposal. No changes have been made to the final
rule as a result of this comment.
No comments were received regarding the FAA's determinination of
the cost impact on the public.
Conclusion
After careful review of all available information related to the
subject presented above, the FAA has determined that air safety and the
public interest require the adoption of the rule as proposed except for
minor editorial corrections. The FAA has determined that these minor
corrections will not change the meaning of the AD and will not add any
additional burden upon the public than was already proposed.
Cost Impact
The FAA estimates that 25 of the Cessna 150 and A150 series and
Models 152 and A152 airplanes in the U.S. registry incorporate the
affected Bush Conversions, Inc. STOL kit, that it will take
approximately 8 workhours per airplane to inspect the stall fences, and
that the average labor rate is approximately $60 an hour. Based on
these figures, the total cost impact of this AD on U.S. operators is
estimated to be $12,000. This figure is based upon the assumption that
no affected airplane owner/operator has inspected the STOL fence for
correct height. The FAA has no way of determining how many owners/
operators of the affected airplanes have accomplished the required
inspection.
Regulatory Impact
The regulations adopted herein will not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government. Therefore, in
accordance with Executive Order 12612, it is determined that this final
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
For the reasons discussed above, I certify that this action (1) is
not a ``significant regulatory action'' under Executive Order 12866;
(2) is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and (3) will not have a
significant economic impact, positive or negative, on a substantial
number of small entities under the criteria of the Regulatory
Flexibility Act. A copy of the final evaluation prepared for this
action is contained in the Rules Docket. A copy of it may be obtained
by contacting the Rules Docket at the location provided under the
caption ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (14 CFR part 39) as follows:
PART 39--AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding a new airworthiness directive
(AD) to read as follows:
96-12-23 The Cessna Aircraft Company: Amendment 39-9666; Docket No.
95-CE-14-AD.
Applicability: The following airplane models (all serial
numbers), certificated in any category, that have a Bush
Conversions, Inc., Short Takeoff and Landing (STOL) kit incorporated
in accordance with Supplemental Type Certificate (STC) SA1371SW:
150, 150A, 150B, 150C, 150D,
[[Page 29470]]
150E, 150F, 150G, 150H, 150J, 150K, A150K, 150L, A150L, 150M, A150M,
152, A152.
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 (d) 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 within the next 100 hours time-in-service
after the effective date of this AD, unless already accomplished.
To prevent the airplane operator from entering a stall condition
because of improper wing stall fence height, which, if not detected
and corrected, could result in loss of control of the airplane,
accomplish the following:
(a) Measure the height of the wing stall fence at its trailing
edge to ensure that the height does not exceed 1.28 inches. (See
Figure 1 of this AD).
(b) If the wing stall fence height exceeds 1.28 inches, prior to
further flight, install a smaller fence in accordance with
instructions obtained from the Wichita Aircraft Certification Office
(ACO), FAA, 1801 Airport Road, Mid-Continent Airport, Wichita,
Kansas 67209.
Note 2: Mid-America Drawing No. 1001 (part of STC SA1371SW) is
included as Figure 1 of this AD for reference purposes.
BILLING CODE 4910-13-U
[[Page 29471]]
[GRAPHIC] [TIFF OMITTED] TR11JN96.001
BILLING CODE 4910-13-C
[[Page 29472]]
(c) 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.
(d) An alternative method of compliance or adjustment of the
compliance times that provides an equivalent level of safety may be
approved by the Manager, Wichita ACO, 801 Airport Road, Mid-
Continent Airport, Wichita, Kansas 67209. The request shall be
forwarded through an appropriate FAA Maintenance Inspector, who may
add comments and then send it to the Manager, Wichita ACO.
Note 3: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Wichita ACO.
(e) Figure 1 of this AD may be obtained from the Wichita ACO at
the address specified in paragraph (d) of this AD; and may be
examined at the FAA, Central Region, Office of the Assistant Chief
Counsel, Room 1558, 601 E. 12th Street, Kansas City, Missouri 64106.
(f) This amendment (39-9666) becomes effective on July 31, 1996.
Issued in Kansas City, Missouri, on June 3, 1996.
Henry A. Armstrong,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 96-14632 Filed 6-10-96; 8:45 am]
BILLING CODE 4910-13-U
Complete official Federal Register PDF
FR Doc. 96-14613 National Standards for Traffic Control Devices; Metric Conversion
[Federal Register Volume 61, Number 113 (Tuesday, June 11, 1996)]
[Rules and Regulations]
[Pages 29624-29626]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14613]
[[Page 29623]]
_______________________________________________________________________
Part IV
Department of Transportation
_______________________________________________________________________
Federal Highway Administration
_______________________________________________________________________
23 CFR Part 655
National Standards for Traffic Control Devices; Metric Conversion;
Final Rule
Federal Register / Vol. 61, No. 113 / Tuesday, June 11, 1996 / Rules
and Regulations
[[Page 29624]]
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
23 CFR Part 655
[FHWA Docket No. 96-20]
RIN 2125-AD63
National Standards for Traffic Control Devices; Metric Conversion
AGENCY: Federal Highway Administration (FHWA), DOT.
ACTION: Interim final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: The FHWA is adopting, as its policy for the design of traffic
control devices for use on all roads open to public travel, two
American Association of State Highway and Transportation Officials'
(AASHTO) publications: ``Guide to Metric Conversion,'' June 1993, and
``Traffic Engineering Metric Conversion Factors; Addendum to the Guide
to Metric Conversion, 1993,'' October 1993.
DATES: This regulation is effective June 11, 1996. Comments must be
received on or before August 11, 1996. The incorporation by reference
of certain publications listed in the regulation is approved by the
Director of the Federal Register as of June 6, 1996.
ADDRESSES: Submit written, signed comments to FHWA Docket No. 96-20,
Federal Highway Administration, Room 4232, HCC-10, Office of the Chief
Counsel, 400 Seventh Street SW., Washington, D.C. 20590. All comments
received will be available for examination at the above address between
8:30 a.m. and 3:30 p.m., e.t., Monday through Friday, except Federal
holidays. Those desiring notification of receipt of comments must
include a self-addressed, stamped postcard/envelope. The current design
standards are on file at the Office of the Federal Register in
Washington, DC, and are available for inspection from the FHWA
Washington Headquarters and all FHWA Division and Regional Offices as
prescribed in 49 CFR Part 7, Appendix D. Copies of the current AASHTO
publications are also available for purchase from the American
Association of State Highway and Transportation Officials, Suite 225,
444 North Capitol Street NW., Washington, D.C. 20001.
FOR FURTHER INFORMATION CONTACT: Mr. Ernest Huckaby, Office of Highway
Safety (HHS-10), (202) 366-9064, or Mr. Raymond Cuprill, Office of the
Chief Counsel, (202) 366-0834, Federal Highway Administration, 400
Seventh Street SW., Washington, D.C. 20590. Office hours are from 7:45
a.m. to 4:15 p.m., e.t., Monday through Friday, except Federal
holidays.
SUPPLEMENTARY INFORMATION: The traffic control device design and
applications standards have been adopted by the FHWA for use on all
streets and highways open to public travel and are incorporated by
reference in 23 CFR Part 655, subpart F.
The American Association of State Highway and Transportation
Officials (AASHTO) is an organization which represents the 52 State
highway and transportation agencies (including the District of Columbia
and Puerto Rico). Its members consist of the duly constituted heads and
other chief officials of those 52 agencies. The Secretary of the United
States Department of Transportation (DOT) is an ex officio member, and
DOT officials participate in various AASHTO activities as non-voting
representatives. Among other functions, the AASHTO develops and issues
standards, specifications, policies, guides, and related materials for
use by the States for highway projects. Many of the standards adopted
by the FHWA and incorporated into 23 CFR Part 655 were developed and
issued by the AASHTO or by organizations of which it is a major voting
member. Revisions made to such documents by the AASHTO are
independently reviewed and adopted by the FHWA before they are applied
to street and highway projects.
The FHWA initiated a phased five-year plan to convert its
activities and business operations to the metric system of weights and
measures as required by the Metric Conversion Act of 1975 (Pub. L. 94-
168, 89 Stat. 1007), as amended by sec. 5164 of the Omnibus Trade and
Competitiveness Act of 1988 (Pub. L. 100-418, 102 Stat. 1107, 1451)
(Metric Act). Section 3 of the Metric Act set a deadline date of
September 30, 1992, for each Federal Government agency to begin using
the International System of Units (SI) in procurements, grants, and
other business-related activities, except to the extent that such use
would be impractical or would likely cause significant inefficiencies
or loss of markets to United States firms.
In order to comply with the Metric Act, the FHWA developed a list
of required deadlines for converting to the metric system which was
published as a notice in the Federal Register on June 11, 1992, at 57
FR 24843. This notice established that all newly authorized Federal-aid
contracts were to use only metric units by September 30, 1996. The
National Highway System Designation Act of 1995 (Pub. L. 104-59, 109
Stat. 568), however, made metric conversion optional until September
30, 2000. Although the FHWA will not require the expenditure of Federal
or State funds to convert sign messages to metric units at this time,
it will proceed with changing sign sizes and other dimensions to metric
units. Many States have progressed in their conversion activities to a
point that it is impractical not to continue the transition into full
metric use.
Most States have indicated that they will continue with their
conversion activities as planned. Many States are designing projects in
metric and several projects are already being constructed in metric. It
is the intent of this rulemaking to assure the States and other FHWA
partners that the metric conversions used to formulate their plans are
consistent nationwide. Accordingly, the AASHTO developed and published
``Traffic Engineering Metric Conversion Factors; Addendum to the Guide
to Metric Conversion, 1993,'' listing the conversion values for
nationwide uniformity. Through this document, the FHWA is adopting the
metric conversion traffic engineering values established by the AASHTO
in the publications entitled ``Guide to Metric Conversion,'' June 1993,
and ``Traffic Engineering Metric Conversion Factors; Addendum to the
Guide to Metric Conversion, 1993,'' October 1993. Included in the
``Guide to Metric Conversion,'' June 1993, are metric values for
determining the metric sizes for signs and pavement markings.
It should be noted that the Manual on Uniform Traffic Control
Devices, FHWA, 1988 (MUTCD) which has been incorporated by reference in
23 CFR Part 655, subpart F, includes, by reference, the ``Standard
Alphabets for Highway Signs and Pavement Markings,'' FHWA, 1977
Edition, and ``Standard Highway Signs,'' FHWA, 1979 Edition. Both of
these documents are metric editions.
Rreview Procedure
Based on an analysis of public comments received, the FHWA will
reexamine its determination that the AASHTO publications adopted by
this rule are acceptable as the basis for the design of signs and
pavement markings for streets and highways open to public travel.
Rulemaking Analysis and Notices
The Administrative Procedure Act (APA), 5 U.S.C. 551 et seq.,
allows agencies engaged in rulemaking to dispense with prior notice and
opportunity for comment when the agency for good cause finds that such
procedures are impracticable,
[[Page 29625]]
unnecessary, or contrary to the public interest. 5 U.S.C. 553(b)(3)(B).
For the reasons set forth below, the FHWA has determined that prior
notice and opportunity for comment on this action are unnecessary and
contrary to the public interest.
The FHWA has determined that prior notice and opportunity for
comment are unnecessary because the AASHTO interim metric values
documents being adopted in this rulemaking are functionally equivalent
to and mirror, to the extent possible, the English measurements already
adopted by the FHWA pursuant to notice and comment rulemaking and
contained in the MUTCD, including Revision No. 1 dated January 17,
1990, Revision No. 2 dated March 17, 1992, Revision No. 3 dated
September 3, 1993, Revision No. 4 dated January 4, 1995, and Errata No.
1 to the 1988 MUTCD, Revision 3, dated November, 1994. If the exact
equivalents of the design standards had been used, the metric
measurements would have had to be carried out to as many as six decimal
places. Otherwise, the design standards themselves would have had to be
significantly raised or lowered in order to accommodate ``round''
metric measurements. Instead, in drafting its metric document, the
AASHTO ``rounded off'' the English measurements in order to allow
easier conversions to metric measurements, and to assure that traffic
control devices that meet current design standards will also meet the
proposed metric unit standards.
We expect these particular metric values to be used on an interim
basis only until the MUTCD, with design values converted to the metric
system, is adopted and published. This future MUTCD, expected to be
published in 1998, will constitute the FHWA's policy on the design for
traffic control signs and pavement markings for use on all streets and
highways open to public travel.
The FHWA has also determined that publication of a notice of
proposed rulemaking would be contrary to the public interest. The
FHWA's Metric Conversion Policy, published in the Federal Register on
June 11, 1992 (57 FR 24843), provides that newly authorized Federal
Lands Highway and Federal-aid construction contracts must be in metric
units by September 30, 1996. The National Highway System Designation
Act of 1995 made metric conversion activities optional until September
30, 2000. Planning for metric projects is underway, and metric projects
are already being constructed. To this end, the States and other FHWA
partners need to know now that the metric conversions used to formulate
their plans will match the FHWA's conversions.
Moreover, prior notice and opportunity for comment are not required
under the Department of Transportation's Regulatory Policies and
Procedures because it is not anticipated that such action will result
in the receipt of useful information. The FHWA has determined that the
AASHTO interim metric values come as close as possible to retaining the
English measurements already adopted by the FHWA pursuant to notice and
comment rulemaking, and express adoption of these metric values now
provides necessary certainty and continuity for States and other FHWA
partners, including highway construction contractors.
The APA also allows agencies, upon a finding of good cause, to make
a rule effective immediately and avoid the 30-day delayed effective
date requirement. 5 U.S.C. 553(d)(3). The FHWA has determined that good
cause exists to make this rule effective upon publication because the
rule provides information to States for their use in contracting with
private contractors for the construction of highways. Most of the
States have indicated they will be using metric by September 30, 1996.
Making this rule effective upon publication will enable States to begin
incorporating metric units now. No good purpose would be served by
delaying the effective date of this rule. Nevertheless, public comment
is solicited on this action. Comments received will be carefully
considered in evaluating whether any change to this action is needed.
Executive Order 12866 (Regulatory Planning and Review) and DOT
Regulatory Policies and Procedures
The FHWA has determined that this action is not a significant
regulatory action within the meaning of Executive Order 12866 or
significant within the meaning of Department of Transportation
Regulatory Policies and Procedures. As stated previously, the FHWA has
determined that the interim metric values selected by the AASHTO
documents are functionally equivalent to English system measurements
previously adopted by notice and comment rulemaking. It is anticipated
that the economic impact of the rulemaking will be minimal; therefore,
a full regulatory evaluation is not required.
Regulatory Flexibility Act
In compliance with the Regulatory Flexibility Act (5 U.S.C. 601-
612), the FHWA has evaluated the effects of this rule on small
entities. Based on the evaluation, the FHWA hereby certifies that this
action will not have a significant economic impact on a substantial
number of small entities. As stated above, the FHWA made this
determination based on the fact that the interim metric values selected
are functionally equivalent to the English system values they replace.
Executive Order 12612 (Federalism Assessment)
This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 12612, and it has been determined
that this action does not have sufficient federalism implications to
warrant the preparation of a separate federalism assessment. This rule
does not impose additional costs or burdens on the States, including
the likely source of funding for the States, nor does it affect the
ability of the States to discharge traditional State government
functions. This document assists the States in their continuing efforts
to come into compliance with the requirements of the Metric Act within
the established deadline.
Executive Order 12372 (Intergovernmental Review)
Catalog of Federal Domestic Assistance Program Number 20.205,
Highway Planning and Construction. The regulations implementing
Executive Order 12372 regarding intergovernmental consultation on
Federal programs and activities apply to this program.
Paperwork Reduction Act
This action does not contain a collection of information
requirement for purposes of the Paperwork Reduction Act of 1995, 44
U.S.C. 3501 et seq.
National Environmental Policy Act
The agency has analyzed this action for the purpose of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and has
determined that this action would not have any effect on the quality of
the environment.
Regulation Identification Number
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 contained in the heading of
this document can be
[[Page 29626]]
used to cross reference this action with the Unified Agenda.
List of Subjects in 23 CFR Part 655
Design Standards, Grant Programs--transportation, Highways and
roads, Incorporation by reference, Reporting and recordkeeping
requirements.
In consideration of the foregoing, the FHWA amends Chapter I of
Title 23, Code of Federal Regulations, Part 655 as set forth below.
Issued on: May 28, 1996.
Rodney E. Slater,
Federal Highway Administrator.
The FHWA hereby amends 23 CFR Part 655 as follows:
PART 655--TRAFFIC OPERATIONS
1. The authority citation for Part 655 is revised to read as
follows:
Authority: 23 U.S.C. 101(a), 104, 105, 109(d), 114(a), 135, 217,
307, 315, and 402(a); 23 CFR 1.32; and 49 CFR 1.48(b).
Subpart F--[Amended]
2. Section 655.601 is amended by revising paragraphs (c) and (d)
revised to read as follows:
Sec. 655.601 Purpose.
* * * * *
(c) Guide to Metric Conversion, AASHTO, 1993. This publication is
incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR
part 51 and is on file at the Office of the Federal Register, 800 North
Capitol Street, NW., Suite 700, Washington, DC. This document is
available for inspection as provided in 49 CFR part 7, appendix D. It
may be purchased from the American Association of State Highway and
Transportation Officials, Suite 225, 444 North Capitol Street, NW.,
Washington, DC 20001.
(d) Traffic Engineering Metric Conversion Factors; Addendum to the
Guide to Metric Conversion, AASHTO, October 1993. This publication is
incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR
part 51 and is on file at the Office of the Federal Register, 800 North
Capitol Street, NW., Suite 700, Washington, DC. This document is
available for inspection as provided in 49 CFR part 7, appendix D. It
may be purchased from the American Association of State Highway and
Transportation Officials, Suite 225, 444 North Capitol Street, NW.,
Washington, DC 20001.
* * * * *
[FR Doc. 96-14613 Filed 6-10-96; 8:45 am]
BILLING CODE 4910-22-P
Complete official Federal Register PDF
FR Doc. 96-14610 Acquisition Regulation; Bonds and Insurance
[Federal Register Volume 61, Number 113 (Tuesday, June 11, 1996)]
[Rules and Regulations]
[Page 29493]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14610]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
48 CFR Parts 1528 and 1552
[FRL-5517-4]
Acquisition Regulation; Bonds and Insurance
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is removing from the
EPA Acquisition Regulation (EPAAR) (48 CFR Chapter 15) clauses for
insurance for liability to third parties for Superfund response action
contractors.
EFFECTIVE DATE: June 11, 1996.
FOR FURTHER INFORMATION CONTACT: Linda Avellar, Environmental
Protection Agency, Office of Acquisition Management (3802F), 410 M
Street, SW., Washington, DC 20460. Telephone: (202) 260-6800.
SUPPLEMENTARY INFORMATION:
A. Background
The Agency is eliminating from its acquisition regulation outdated
and unnecessary material, which will no longer be used. This final rule
eliminates coverage and clauses on Insurance, Liability to Third
Persons, for commercial organizations and state and local governments
performing as response action contractors in Superfund. The Agency
Final Guidelines for Superfund Response Action Contractor
Indemnification, issued on January 25, 1993, rendered these clauses
obsolete. As a result of the guidelines, the Agency may currently
indemnify response action contractors only in limited circumstances,
primarily where it can show a lack of competition in response to a
solicitation directly attributable to the absence of any
indemnification provisions.
B. Executive Order 12866
The final rule is not a significant regulatory action for the
purposes of Executive Order 12866; therefore, no review is required by
the Office of Information and Regulatory Affairs.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because this final rule
does not contain information collection requirements that require the
approval of OMB under the Paperwork Reduction Act of 1980 (44 U.S.C.
3501 et seq).
D. Regulatory Flexibility Act
The EPA certifies that this final rule does not exert a significant
economic impact on a substantial number of small entities. The
requirements to contractors under the final rule impose no reporting,
recordkeeping, or any compliance costs.
E. Unfunded Mandates
This final rule will not impose unfunded mandates on state or local
entities, or others.
The provisions of this regulation are issued under 5 U.S.C. 301; 40
U.S.C. 486(c).
List of Subjects in 48 CFR Parts 1528 and 1552
Government procurement.
Therefore, 48 CFR Chapter 15 is amended as set forth below:
PART 1528--[REMOVED]
1. Under the authority of 33 U.S.C. 1361(a), Part 1528 is removed.
PART 1552--[AMENDED]
2. The authority citation for 48 CFR Part 1552 continues to read as
follows:
Authority: Sec. 205(c), 63 Stat. 390 as amended, 40 U.S.C.
486(c).
43. Part 1552 is amended to delete sections: 1552.228-70, 1552.228-
71, 1552.228-72, & 1552.228-73.
Dated: May 13, 1996.
Betty L. Bailey,
Director, Office of Acquisition Management.
[FR Doc. 96-14610 Filed 6-10-96; 8:45 am]
BILLING CODE 6560-50-P
Complete official Federal Register PDF
FR Doc. 96-14587 Revocation of Obsolete Regulations
[Federal Register Volume 61, Number 113 (Tuesday, June 11, 1996)]
[Rules and Regulations]
[Pages 29476-29477]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14587]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration-
21 CFR Parts 200, 250, and 310
[Docket No. 95N-0310]
Revocation of Obsolete Regulations
AGENCY: Food and Drug Administration, HHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Food and Drug Administration (FDA) is revoking certain
regulations that are obsolete or are no longer necessary to achieve
public health goals. These regulations were among those identified for
revocation in a page-by-page review conducted in response to the
Administration's ``Reinventing Government'' initiative, which seeks to
streamline government to ease the burden on regulated industry and
consumers.
EFFECTIVE DATE: July 11, 1996.
FOR FURTHER INFORMATION CONTACT: Christine F. Rogers, Center for Drug
Evaluation and Research (HFD-7), Food and Drug Administration, 7500
Standish Pl., Rockville, MD 20855, 301-594-2041.
SUPPLEMENTARY INFORMATION:
I. Background-
In the Federal Register of October 13, 1995 (60 FR 53480), FDA
published a proposed rule to revoke certain regulations. This was done
in response to the President's order to all Federal agencies to conduct
a page-by-page review of all their regulations and to ``eliminate or
revise those that are outdated or otherwise in need of reform.'' The
proposed rule contained a section-by-section analysis of all the
regulations (21 CFR parts 100, 101, et al.) that FDA intended to
revoke. This final rule pertains only to those regulations (21 CFR
parts 200, 250, and 310) pertaining exclusively to the Center for Drug
Evaluation and Research. No comments were received in response to the
proposal to revoke these regulations.
II. Analysis of Impacts
FDA has examined the impacts of the final rule under Executive
Order 12866 and the Regulatory Flexibility Act (Pub. L. 96-354).
Executive Order 12866 directs agencies to assess all costs and benefits
of available regulatory alternatives and, when regulation is necessary,
to select regulatory approaches that maximize net benefits (including
potential economic, environmental, public health and safety, and other
advantages; distributive impacts; and equity). The agency believes that
this final rule, which is the revocation of certain regulations that
are obsolete or are no longer necessary, is consistent with the
regulatory philosophy and principles identified in the Executive Order.
In addition, the final rule is not a significant regulatory action as
defined by the Executive Order and so is not subject to review under
the Executive Order.
The Regulatory Flexibility Act requires agencies to analyze
regulatory options that would minimize any significant impact of a rule
on small entities. Because this final rule is the revocation of certain
regulations that are obsolete or are no longer necessary, the agency is
not aware of any adverse impact this final rule will have on any small
entities, and the agency certifies that the final rule will not have a
significant economic impact on a substantial number of small entities.
Therefore, under the Regulatory Flexibility Act, no further analysis is
required.
III. Environmental Impact
The agency has determined under 21 CFR 25.24(a)(9) that this action
is of a type that does not individually or cumulatively have a
significant effect on the human environment. Therefore, neither an
environmental assessment nor an environmental impact statement is
required.
List of Subjects
21 CFR Part 200
Drugs, Prescription drugs.
21 CFR Part 250
Drugs.
21 CFR Part 310
Administrative practice and procedure, Drugs, Labeling, Medical
devices, Reporting and recordkeeping requirements.
Therefore, under the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 301 et seq.) and under authority delegated to the Commissioner
of Food and Drugs, 21 CFR parts 200, 250, and 310 are amended as
follows:
PART 200--GENERAL
1. The authority citation for 21 CFR part 200 continues to read as
follows:
-Authority: Secs. 201, 301, 501, 502, 503, 505, 506, 507, 508,
515, 701, 704, 705 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 321, 331, 351, 352, 353, 355, 356, 357, 358, 360e, 371, 374,
375).
2. Sections 200.100 and 200.101 are removed and the heading for
subpart D is reserved.
PART 250--SPECIAL REQUIREMENTS FOR SPECIFIC HUMAN DRUGS
3. The authority citation for 21 CFR part 250 continues to read as
follows:
-Authority: Secs. 201, 306, 402, 502, 503, 505, 601(a), 602(a)
and (c), 701, 705(b) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 321, 336, 342, 352, 353, 355, 361(a), 362(a) and (c), 371,
375(b)).
Sec. 250.104 [Removed]
4. Section 250.104 Status of salt substitutes under the Federal
Food, Drug, and Cosmetic Act is removed.
Sec. 250.203 [Removed]
5. Section 250.203 Status of fluoridated water and foods prepared
with fluoridated water is removed.
PART 310--NEW DRUGS
6. The authority citation for 21 CFR part 310 continues to read as
follows:
-Authority: Secs. 201, 301, 501, 502, 503, 505, 506, 507, 512-
516, 520, 601(a), 701, 704, 705, 721 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321, 331, 351, 352, 353, 355, 356, 357,
360b-360f, 360j, 361(a), 371, 374, 375, 379e); secs. 215, 301,
302(a), 351, 354-360F of the Public Health Service Act (42 U.S.C.
216, 241, 242(a), 262, 263b-263n).
Sec. 310.101 [Removed]
7. Section 310.101 FD&C Red No. 4; procedure for discontinuing use
in new drugs for ingestion; statement of policy is removed.
[[Page 29477]]
Sec. 310.304 [Removed]
8. Section 310.304 Drugs that are subjects of approved new drug
applications and that require special studies, records, and reports is
removed.
Dated: June 3, 1996.
William K. Hubbard,
Associate Commissioner for Policy Coordination.
[FR Doc. 96-14587 Filed 6-10-96; 8:45 am]
BILLING CODE 4160-01-F
Complete official Federal Register PDF
FR Doc. 96-14561 Establishment of Class D Airspace; Minneapolis, Anoka, MN
[Federal Register Volume 61, Number 113 (Tuesday, June 11, 1996)]
[Rules and Regulations]
[Page 29472]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14561]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
14 CFR Part 71
[Airspace Docket No. 95-AGL-21]
Establishment of Class D Airspace; Minneapolis, Anoka, MN
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This action establishes Class D airspace at Anoka County-
Blaine Airport, Anoka, MN. Class D airspace is needed during the
specific times that the Anoka County-Blaine Air Traffic Control Tower
(ATCT) is in operation. The intended affect of this action is to
provide segregation of aircraft using instrument approach procedures in
instrument conditions from other aircraft operating in visual weather
conditions.
EFFECTIVE DATE: 0901 UTC, August 15, 1996.
FOR FURTHER INFORMATION CONTACT:
John A. Clayborn, Air Traffic Division, Operations Branch, AGL-530,
Federal Aviation Administration, 2300 East Devon Avenue, Des Plaines,
Illinois 60018, telephone (847) 294-7568.
SUPPLEMENTARY INFORMATION:
History
On Wednesday, March 6, 1996, the FAA proposed to amend part 71 of
the Federal Aviation Regulations (14 CFR part 71) to establish Class D
airspace at Anoka County-Blaine Airport, Anoka MN (61 FR 8900).
Interested parties were invited to participate in this rulemaking
proceeding by submitting written comments on the proposal to the FAA.
No comments objecting to the proposal were received. Class D airspace
designations for which all aircraft operators are subject to operating
rules and equipment requirements of Part 91 of the Federal Aviation
Regulations, are published in paragraph 5000 of FAA Order 7400.9C dated
August 17, 1995, and effective September 16, 1995, which is
incorporated by reference in 14 CFR 71.1. The Class D airspace
designation listed in this document will be published subsequently in
the Order.
The Rule
This amendment to part 71 of the Federal Aviation Regulations (14
CFR part 71) establish Class D airspace at Anoka County-Blaine Airport,
Anoka, MN, Class D airspace is needed during the specific times that
the Anoka County-Blaine Air Traffic Control Tower (ATCT) is in
operation. The area will be depicted on appropriate aeronautical charts
thereby enabling pilots to circumnavigate the area or otherwise comply
with IFR procedures.
The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this regulation--(1) Is not a ``significant regulatory
action'' under Executive Order 12866; (2) is not a ``significant rule''
under DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a Regulatory Evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule will not have a significant economic impact on
a substantial number of small entities under the criteria of the
Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference, Navigation (air).
Adoption of the Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:
PART 71--[AMENDED]
1. The authority citation for 14 CFR part 71 continues to read as
follows:
Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389; 14 CFR 11.69.
Sec. 71.1 [Amended]
2. The incorporation by reference in 14 CFR 71.1 of the Federal
Aviation Administration Order 7400.9C, Airspace Designations and
Reporting Points, dated August 17, 1995, and effective September 16,
1995, is amended as follows:
Paragraph 5000 General
* * * * *
AGL MN D Minneapolis, Anoka, MN [New]
Minneapolis, Anoka County-Blaine Airport, MN
(Lat. 45 deg.08'41.6'' N, long. 93 deg.12'39.8'' W
That airspace extending upward from the surface to and including
3400 feet MSL within a 3.9-mile radius of Anoka County-Blaine
Airport. This Class D airspace area is effective during the specific
dates and times established in advance by a Notice of Airmen. The
effective dates and times will thereafter be continuously published
in the Airport/Facility Directory.
* * * * *
Issued in Des Plaines, Illinois on May 20, 1996.
Maureen Woods,
Manager, Air Traffic Division.
[FR Doc. 96-14561 Filed 6-10-96; 8:45 am]
BILLING CODE 4910-13-M
Complete official Federal Register PDF
FR Doc. 96-14491 Federal Motor Vehicle Safety Standards: New Pneumatic Tires; Retreaded Pneumatic Tires; New Pneumatic Tires for Vehicles Other Than Passenger Cars; Tire Selection and Rims for Motor Vehicles Other Than Passenger Cars; Tire Identification and Recordkeeping
[Federal Register Volume 61, Number 113 (Tuesday, June 11, 1996)]
[Rules and Regulations]
[Pages 29493-29495]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14491]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Parts 571 and 574
[Docket No. 96-57, Notice 01]
RIN 2127-AG26
Federal Motor Vehicle Safety Standards: New Pneumatic Tires;
Retreaded Pneumatic Tires; New Pneumatic Tires for Vehicles Other Than
Passenger Cars; Tire Selection and Rims for Motor Vehicles Other Than
Passenger Cars; Tire Identification and Recordkeeping
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Technical amendment.
-----------------------------------------------------------------------
SUMMARY: The technical amendments herein amend four Federal motor
vehicle safety standards and the regulation on tire identification and
recordkeeping to delete obsolete dates, update statutory citations,
correct typographical errors, and update the designations of the
offices to which requests and reports are submitted.
The changes effected by these technical amendments are in
accordance with the President's Regulatory Reinvention Initiative of
March 4, 1994, which directed Federal departments and agencies to
eliminate unneeded regulations or parts thereof and update those that
are to remain in effect.
DATES: These amendments are effective July 11, 1996.
FOR FURTHER INFORMATION CONTACT: For technical issues: Robert M.
Clarke, Chief, Vehicle Dynamics Division, Office of Crash Avoidance
Standards, National Highway Traffic Safety Administration, 400 Seventh
Street SW., Washington, DC 20590; telephone (202) 366-5281; FAX (202)
366-4329.
For legal issues: Walter Myers, Office of the Chief Counsel,
National Highway Traffic Safety Administration, 400 Seventh Street SW.,
Washington, DC 20590; telephone (202) 366-2992; FAX (202) 366-3820.
SUPPLEMENTARY INFORMATION:
Background
On March 4, 1994 the President issued a directive entitled
``Regulatory Reinvention Initiative'' to the heads of all Federal
departments and agencies directing them to review all regulations for
which they are responsible in the Code of Federal Regulations (CFR).
The review was intended to delete
[[Page 29494]]
unnecessary or obsolete rules, update rules in light of current
technology and industry conditions, and improve and streamline rules in
order better to serve our customers. As a result of NHTSA's review of
its existing safety standards and related regulations, the agency
identified a number of errors and outdated information in the tire
standards. Specifically, in addition to obsolete dates, such errors as
misspelled words, obsolete statutory and regulatory citations, and
outdated office designations for the receipt of requests and reports
were noted in Federal motor vehicle safety standard (Standard) Nos.
109, New pneumatic tires (49 CFR 571.109); 117, Retreaded pneumatic
tires (49 CFR 571.117); 119, New pneumatic tires for vehicles other
than passenger cars (49 CFR 571.119); 120, Tire selection and rims for
motor vehicles other than passenger cars (49 CFR 571.120); and 49 CFR
part 574, Tire Identification and Recordkeeping.
NHTSA has decided to make the necessary changes without affording
an opportunity for public comment because these changes represent only
technical corrections to regulations that otherwise remain current,
viable, and useful. The changes promulgated herein impose no
obligations on any party. Rather, they delete or correct provisions
that otherwise could create confusion or potentially cause
misunderstandings in the agency, the public, and the tire industry.
Accordingly, the agency finds for good cause that notice and
opportunity for comment are unnecessary. Therefore, these changes are
effective upon publication of this notice.
List of Subjects
49 CFR Part 571
Imports, Motor vehicle safety, Motor vehicles, Rubber and rubber
products, Tires.
49 CFR 574
Labeling, Motor vehicle safety, Reporting and requirements, Tires.
In consideration of the foregoing, 49 CFR part 571 is amended to
read as follows:
PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS
1. The authority citation for part 571 continues to read as
follows:
Authority: 49 U.S.C. 322, 30111, 30115, 30117, and 30166;
delegation of authority at 49 CFR 1.50.
2. Section 571.109 is amended by revising paragraph S4.2.1(d), by
removing and reserving paragraph S4.3.3, and by revising paragraph
S4.4.1(a) to read as follows:
Sec. 571.109 Standard No. 109, New pneumatic tires.
* * * * *
S4.2.1 * * *
(d) It shall incorporate a tread wear indicator that will provide a
visual indication that the tire has worn to a tread depth of \1/16\
inch.
* * * * *
S4.3.3 [Removed and reserved]
* * * * *
S4.4.1 * * *
(a) Listed by manufacturer name or brand name in a document
furnished to dealers of the manufacturer's tires, to any person upon
request, and in duplicate to the Docket Section, National Highway
Traffic Safety Administration, 400 Seventh Street SW., Washington, DC
20590; or
* * * * *
3. Appendix A to 571.109 is amended by revising the first paragraph
of the introductory text to read as follows:
Appendix A--Federal Motor Vehicle Safety Standard No. 109
The following tables list tire sizes and tire constructions with
proper load and inflation values. The tables group tires of related
constructions and load/inflation values. Persons requesting the
addition of new tire sizes to the tables or the addition of tables
for new tire constructions may, when the additions requested are
compatible with existent groupings, or when adequate justification
for new tables exists, submit five (5) copies of information and
data supporting the request to the Vehicle Dynamics Division, Office
of Crash Avoidance Standards, National Highway Traffic Safety
Administration, 400 Seventh Street SW., Washington, DC 20590.
* * * * *
4. Section 571.117 is amended by revising paragraph S6.1, by
removing and reserving paragraph S6.2 in its entirety, by revising
paragraph S6.3, and by removing paragraphs S6.3.1 and S6.3.2 entirely.
571.117 Standard No. 117, Retreaded pneumatic tires.
* * * * *
S6.1 Each manufacturer of a retreaded tire shall certify that its
product complies with this standard pursuant to Section 30115 of Title
49, United States Code, by labeling the tire with the symbol DOT in the
location specified in section 574.5 of this chapter.
S6.2 Removed and reserved.
S6.3 Labeling. Each retreaded tire shall bear permanent labeling
through molding, branding, or other method that will produce a
permanent label, or through the retention of the original casing
labeling, in at least one location on the tire sidewall, in letters and
numbers not less than 0.078 inch high, consisting of the following
information:
(a) The tire's size designation;
(b) The tire's maximum permissible inflation pressure, either as it
appears on the casing or as set forth in Table 1;
(c) The tire's maximum load, either as it appears on the casing or
as set forth in Table 1;
(d) The actual number of plies in or the ply rating of the tire
sidewall and, if different, the actual number of plies in or the ply
rating of the tread area;
(e) The generic name of each cord material used in the plies of
both sidewall and the tread area of the tire;
(f) The word ``tubeless'' if the tire is a tubeless tire, or the
words ``tube-type'' if the tire is a tube-type tire;
(g) If the tire is of bias/belted construction, the words ``bias/
belted;''
(h) If the tire is of radial construction, the word ``radial.''
The information shall either be retained from the casing used in
the manufacture of the tire, or may be labeled onto the tire during the
retreading process.
S6.3.1 [Removed]
S6.3.2 [Removed]
* * * * *
5. Section 571.119 is amended by revising paragraphs S5.1(a),
S6.5(f), and S7.2(a) to read as follows:
Sec. 571.119 Standard No. 119, New pneumatic tires for vehicles other
than passenger cars.
* * * * *
S5.1 * * *
(a) Listed by manufacturer name or brand name in a document
furnished to dealers of the manufacturer's tires, to any person upon
request, and in duplicate to: Docket Section, National Highway Traffic
Safety Administration, 400 Seventh Street SW., Washington, DC 20590; or
* * * * *
S6.5 Tire markings. * * *
(f) The actual number of plies and the composition of the ply cord
material in the sidewall and, if different, in the tread area;
* * * * *
S7.2 Endurance. (a) Mount the tire on a model rim assembly and
inflate it to the inflation pressure corresponding to the maximum load
rating marked on the tire. Use a single maximum load value when the
tire is marked with both single and dual maximum load.
* * * * *
6. Section 571.120 is amended by revising paragraphs S5.1.1, S5.2
[[Page 29495]]
introductory text, S5.2(e)(1), and the introductory paragraph of S5.3
to read as follows:
Sec. 571.120 Standard No. 120, Tire selection and rims for motor
vehicles other than passenger cars.
* * * * *
S5.1.1 Except as specified in S5.1.3, each vehicle equipped with
pneumatic tires for highway service shall be equipped with tires that
meet the requirements of Sec. 571.109, New pneumatic tires, or
Sec. 571.119, New pneumatic tires for vehicles other than passenger
cars, and rims that are listed by the manufacturer of the tires as
suitable for use with those tires, in accordance with S4.4 of
Sec. 571.109 or S5.1 of Sec. 571.119, as applicable, except that
vehicles may be equipped with a non-pneumatic spare tire assembly that
meets the requirements of Sec. 571.129, New non-pneumatic tires for
passenger cars, and S8 of this standard. Vehicles equipped with such an
assembly shall meet the requirements of S5.3.3, S7, and S9 of this
standard.
* * * * *
S5.2 Rim marking. Each rim or, at the option of the manufacturer
in the case of a single-piece wheel, wheel disc shall be marked with
the information listed in paragraphs (a) through (e) of this paragraph,
in lettering not less than 3 millimeters high, impressed to a depth or,
at the option of the manufacturer, embossed to a height of not less
than 0.125 millimeters. The information listed in paragraphs (a)
through (c) of this paragraph shall appear on the weather side. In the
case of rims of multi piece construction, the information listed in
paragraphs (a) through (e) of this paragraph shall appear on the rim
base and the information listed in paragraphs (b) and (d) of this
paragraph shall also appear on each other part of the rim.
* * * * *
S5.2(e)(1) Any manufacturer that elects to express the date of
manufacture by means of a symbol shall notify NHTSA in writing of the
full names and addresses of all manufacturers and brand name owners
utilizing that symbol and the name and address of the trademark owner
of that symbol, if any. The notification shall describe in narrative
form and in detail how the month, day, and year or the month and year
are depicted by the symbol. Such description shall include an actual
size graphic depiction of the symbol, showing and/or explaining the
interrelationship of the component parts of the symbol as they will
appear on the rim or single piece wheel disc, including dimensional
specifications, and where the symbol will be located on the rim or
single piece wheel disc. The notification shall be received by NHTSA at
least 60 calendar days prior to first use of the symbol. The
notification shall be mailed to the Office of Vehicle Safety
Compliance, National Highway Traffic Safety Administration, 400 Seventh
Street SW., Washington, DC 20590. All information provided to NHTSA
under this paragraph will be placed in the public docket. * * *
S5.3 Label information. Each vehicle shall show the information
specified in S5.3.1 and S5.3.2 and, in the case of a vehicle equipped
with a non-pneumatic spare tire, the information specified in S5.3.3,
in the English language, lettered in block capitals and numerals not
less than 2.4 millimeters high and in the format set forth following
this section. This information shall appear either--
* * * * *
In consideration of the foregoing, 49 CFR Part 574 is amended to
read as follows:
PART 574--TIRE IDENTIFICATION AND RECORDKEEPING
7. The authority citation for Part 574 continues to read as
follows:
Authority: 49 U.S.C. 322, 30111, 30115, 30117, and 30166;
delegation of authority at 49 CFR 1.50.
8. Sections 574.2, 574.3(a), and 574.6 introductory text, are
revised to read as follows:
Sec. 574.2 Purpose.
The purpose of this part is to facilitate notification to
purchasers of defective or nonconforming tires, pursuant to Sections
30118 and 30119 of Title 49, United States Code, so that they may take
appropriate action in the interest of motor vehicle safety.
Sec. 574.3 Definitions.
(a) Statutory definitions. All terms in this part that are defined
in Section 30102 of Title 49, United States Code, are used as defined
therein.
* * * * *
Sec. 574.6 Identification mark.
To obtain the identification mark required by 574.5(a), each
manufacturer of new or retreaded pneumatic tires, non-pneumatic tires
or non-pneumatic tire assemblies shall apply in writing to the Office
of Vehicle Safety Compliance, National Highway Traffic Safety
Administration, 400 Seventh Street SW., Washington, DC 20590, identify
itself as a tire manufacturer or retreader and furnish the following
information:
* * * * *
Issued on June 4, 1996.
Barry Felrice,
Associate Administrator for Safety Performance Standards.
[FR Doc. 96-14491 Filed 6-10-96; 8:45 am]
BILLING CODE 4910-59-P
Complete official Federal Register PDF
FR Doc. 96-14370 Montgomery GI BillSelected Reserve: Miscellaneous
[Federal Register Volume 61, Number 113 (Tuesday, June 11, 1996)]
[Rules and Regulations]
[Pages 29481-29483]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14370]
=======================================================================
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DEPARTMENT OF DEFENSE
DEPARTMENT OF TRANSPORTATION
Coast Guard
DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 21
RIN 2900-AI04
Montgomery GI Bill--Selected Reserve: Miscellaneous
AGENCIES: Department of Defense, Department of Transportation (Coast
Guard), and Department of Veterans Affairs.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document amends regulations concerning the Montgomery GI
Bill--Selected Reserve program. It removes provisions that are
obsolete, duplicative, or otherwise unnecessary. It also makes changes
for purposes of clarification.
EFFECTIVE DATE: June 11, 1996.
FOR FURTHER INFORMATION CONTACT: June C. Schaeffer, Assistant Director
for Policy and Program Administration, Education Service, Veterans
Benefits Administration, Department of Veterans Affairs, 202-273-7187.
SUPPLEMENTARY INFORMATION: The regulations governing the Montgomery GI
Bill--Selected Reserve program are found in 38 CFR, Part 21, Subpart L
(see
[[Page 29482]]
38 CFR 21.7500 through 21.7810). This document amends these regulations
as discussed below.
Section 21.7639(a) contained provisions for reducing educational
assistance for reservists due to excessive absences. Due to a statutory
change, these provisions applied only to absences occurring prior to
December 18, 1989. Consequently, this paragraph is unnecessary and is
removed.
Section 21.7639(e) provided that in certain instances a reservist's
monthly payment would be reduced if he or she enrolled in a course
offered by a combination of on-campus training and independent study.
Because of a statutory change, there no longer is a basis for reducing
monthly payments for such enrollments. Therefore, that paragraph is
removed.
In addition, Sec. 21.7639(f)(1) discussed payment for independent
study begun before July 1, 1993. The reservists affected by that
paragraph have been paid. Accordingly, it is unnecessary and is
removed.
Section 21.7640(b) is amended to reflect organizational changes
previously made within the Department of Veterans Affairs (VA).
Section 21.7645 is removed because it is no longer necessary. VA
recently revised Sec. 21.4145 so that it applies to VA's work-study
programs in all the education programs VA administers. There is no need
for a separate regulation restating work-study provisions for
participants in the Montgomery GI Bill--Selected Reserve program.
Section 21.7652 is amended to remove an obsolete reference and to
correct a typographical error.
Section 21.7672 contained many provisions concerning course
measurement for courses begun before July 1, 1993. Those provisions are
no longer needed because the reservists in those courses already have
been paid for their training. This document amends the course
measurement provisions accordingly.
Section 21.7801 is amended to reflect organizational changes
previously made within VA.
Section 21.7810 is removed. Paragraph (a) was duplicative of
provisions concerning civil rights matters in 38 CFR Parts 18, 18a, and
18b. Paragraph (b) merely concerned the applicability of provisions
that were removed by another Federal Register document.
This document also makes changes for clarification to some of the
sections referred to above and to other sections in Subpart L.
This document removes provisions that are obsolete, duplicative, or
without substantive effect and makes changes for clarification. This
document makes no substantive changes. Accordingly, there is a basis
for dispensing with prior notice and comment and delayed effective date
provisions of 5 U.S.C. 552 and 553.
The Secretary of Veterans Affairs, the Secretary of Defense, and
the Commandant of the Coast Guard hereby certify that this final rule
will not have a significant economic impact on a substantial number of
small entities as they are defined in the Regulatory Flexibility Act, 5
U.S.C. 601-612. This final rule makes no substantive changes. Pursuant
to 5 U.S.C. 605(b), this final rule, therefore, is exempt from the
initial and final regulatory flexibility analyses requirements of
Secs. 603 and 604.
There is no Catalog of Federal Domestic Assistance number for the
program affected by these regulations.
List of Subjects in 38 CFR Part 21
Administrative practice and procedure, Armed forces, Civil rights,
Claims, Colleges and universities, Conflict of interests, Defense
Department, Education, Employment, Grant programs-education, Grant
programs-veterans, Health care, Loan programs-education, Loan programs-
veterans, Manpower training programs, Reporting and recordkeeping
requirements, Schools, Travel and transportation expenses, Veterans,
Vocational education, Vocational rehabilitation.
Approved: May 22, 1996.
Jesse Brown,
Secretary of Veterans Affairs.
Approved: May 29, 1996.
Al H. Bemis,
Deputy Assistant Secretary of Defense for Reserve Affairs (M&P).
Approved: May 31, 1996.
R. M. Larrabee,
Rear Admiral, U.S. Coast Guard, Director of Reserve and Training.
For the reasons set out in the preamble, 38 CFR part 21 (subpart L)
is amended as set forth below.
PART 21--VOCATIONAL REHABILITATION AND EDUCATION
Subpart L--Educational Assistance for Members of the Selected
Reserve
1. The authority citation for 38 CFR part 21, subpart L is revised
to read as follows:
Authority: 10 U.S.C. ch. 1606; 38 U.S.C. 501, unless otherwise
noted.
2. In Sec. 21.7639, the introductory text is amended by removing
``of this part''; paragraphs (a), (e), and (f)(1) are removed;
paragraphs (b), (c), (d), (f)(2), (f)(3), (g), (h), (i), (j), and (k)
are redesignated as paragraphs (a), (b), (c), (d)(1), (d)(2), (e), (f),
(g), (h), and (i), respectively; newly redesignated paragraph (a)(1)
introductory text is amended by removing ``unless;'' and adding, in its
place, ``unless''; newly redesignated paragraph (a)(1)(ii)(B) is
amended by removing ``veteran or servicemember'' and adding, in its
place, ``reservist''; newly redesignated paragraph (c)(2)(i) is amended
by removing ``the VA'' and adding, in its place, ``VA''; newly
redesignated paragraph (c)(2)(ii) is amended by removing ``of this
part''; newly redesignated paragraph (c)(3) introductory text is
amended by removing ``(d)(2)(i)'' and adding, in its place,
``(c)(2)(i)''; and newly redesignated paragraph (c)(3)(ii) is amended
by removing ``(d)(3)(i)'' and adding, in its place, ``(c)(3)(i)''.
Sec. 21.7640 [Amended]
3. In Sec. 21.7640, paragraph (b)(1) is amended by removing ``of
this part'' both places it appears; paragraph (b)(2)(i) is amended by
removing ``Vocational Rehabilitation and''; and paragraph (b)(2)(ii) is
amended by removing ``Vocational Rehabilitation and'' both places it
appears.
Sec. 21.7645 [Removed]
4. Section 21.7645 is removed.
Sec. 21.7652 [Amended]
5. In Sec. 21.7652, paragraph (c)(2)(ii) is removed; paragraphs
(c)(2)(iii), (c)(2)(iv), (c)(2)(v), and (c)(2)(vi) are redesignated as
paragraphs (c)(2)(ii), (c)(2)(iii), (c)(2)(iv), and (c)(2)(v),
respectively; and newly redesignated paragraph (c)(2)(v) is amended by
removing ``of'' and adding, in its place, ``or''.
6. In Sec. 21.7672, paragraphs (a)(3), (b)(1), (c), (d), and (e)
are removed; paragraphs (a)(4), (b)(2), (b)(3), (b)(4), (b)(5), and (f)
are redesignated as paragraphs (a)(3), (b)(1), (b)(2), (b)(3), (b)(4),
and (c), respectively; newly redesignated paragraph (b)(1)(i) is
amended by removing ``of this part''; newly redesignated paragraph
(b)(3) is amended by removing ``paragraph (f)'' each time it appears
and adding, in its place, ``paragraph (c)''; and paragraph (a)(2),
newly redesignated paragraph (a)(3), and the introductory text of newly
redesignated paragraph (c) are revised, to read as follows:
[[Page 29483]]
Sec. 21.7672 Measurement of courses not leading to a standard college
degree.
(a) Overview. * * *
(2) In determining which is the correct basis for measuring a
reservist's enrollment, VA will first examine whether credit-hour
measurement is appropriate, as provided in paragraph (b) of this
section.
(3) If it is not appropriate to measure a reservist's enrollment on
a credit-hour basis, VA will measure the enrollment on a clock-hour
basis as described in paragraph (c) of this section.
(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 3688(b))
* * * * *
(c) Clock-hour measurement. The provisions of this paragraph apply
to all enrollments in courses not leading to a standard college degree.
If VA concludes that the courses in which a reservist is enrolled do
not qualify for credit-hour measurement, VA shall measure those courses
as follows. (Supervised study shall be excluded from measurement of all
courses to which this paragraph applies).
* * * * *
Sec. 21.7801 [Amended]
7. In Sec. 21.7801, paragraph (a) is amended by removing
``Vocational Rehabilitation and''; and by removing ``Chief Benefits
Director'' both places it appears and adding, in its place, ``Under
Secretary for Benefits''; and paragraph (b) is amended by removing ``of
this part''.
8. In Sec. 21.7802, the introductory text of paragraph (a) is
amended by removing ``VA facility'' and adding, in its place, ``the VA
facility of''; and paragraph (a)(3) is amended by removing ``of this
part'', and by removing ``Chapter'' and adding, in its place,
``chapter''.
Sec. 21.7805 [Amended]
9. Section 21.7805 is amended by removing ``of this part''.
Sec. 21.7810 [Removed]
10. Section 21.7810 is removed.
[FR Doc. 96-14370 Filed 6-10-96; 8:45 am]
BILLING CODE 8320-01-P
Complete official Federal Register PDF
FR Doc. 96-14225 Airworthiness Directives; Fokker Model F28 Mark 0100 Series Airplanes
[Federal Register Volume 61, Number 113 (Tuesday, June 11, 1996)]
[Rules and Regulations]
[Pages 29467-29468]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14225]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 92-NM-71-AD; Amendment 39-9657; AD 96-12-14]
RIN 2120-AA64
Airworthiness Directives; Fokker Model F28 Mark 0100 Series
Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This amendment adopts a new airworthiness directive (AD),
applicable to certain Fokker Model F28 Mark 0100 series airplanes, that
requires reinforcing the lower right-hand wing skin at the fueling
adapter. This amendment is prompted by results of tests, which revealed
that fatigue cracks can develop in the lower right-hand wing skin at
the attachment bolt holes of the fueling adapter. The actions specified
by this AD are intended to prevent reduced structural capability of the
wing and fuel leakage.
DATES: Effective July 16, 1996.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of July 16, 1996.
ADDRESSES: The service information referenced in this AD may be
obtained from Fokker Aircraft USA, Inc., 1199 North Fairfax Street,
Alexandria, Virginia 22314. This information may be examined at the
Federal Aviation Administration (FAA), Transport Airplane Directorate,
Rules Docket, 1601 Lind Avenue, SW., Renton, Washington; or at the
Office of the Federal Register, 800 North Capitol Street, NW., suite
700, Washington, DC.
FOR FURTHER INFORMATION CONTACT: Ruth E. Harder, Aerospace Engineer,
Standardization Branch, ANM-113, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (206)
227-1721; fax (206) 227-1149.
SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal
Aviation Regulations (14 CFR part 39) to include an airworthiness
directive (AD) that is applicable to certain Fokker Model F28 Mark 0100
series airplanes was published as a supplemental notice of proposed
rulemaking in the Federal Register on April 2, 1996 (61 FR 14515). That
action proposed to require reinforcing the lower right-hand wing skin
at the fueling adapter.
Discussion of Comments
Interested persons have been afforded an opportunity to participate
in the
[[Page 29468]]
making of this amendment. Due consideration has been given to the
single comment received.
The commenter supports the proposed rule.
Conclusion
After careful review of the available data, including the comment
noted above, the FAA has determined that air safety and the public
interest require the adoption of the rule as proposed.
Cost Impact
The FAA estimates that 18 airplanes of U.S. registry will be
affected by this AD, that it will take approximately 20 work hours per
airplane to accomplish the required actions, and that the average labor
rate is $60 per work hour. Required parts will cost approximately $950
per airplane. Based on these figures, the cost impact of the AD on U.S.
operators is estimated to be $38,700, or $2,150 per airplane.
The cost impact figure discussed above is based on assumptions that
no operator has yet accomplished any of the requirements of this AD
action, and that no operator would accomplish those actions in the
future if this AD were not adopted.
Regulatory Impact
The regulations adopted herein will not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government. Therefore, in
accordance with Executive Order 12612, it is determined that this final
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
For the reasons discussed above, I certify that this action (1) is
not a ``significant regulatory action'' under Executive Order 12866;
(2) is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and (3) will not have a
significant economic impact, positive or negative, on a substantial
number of small entities under the criteria of the Regulatory
Flexibility Act. A final evaluation has been prepared for this action
and it is contained in the Rules Docket. A copy of it may be obtained
from the Rules Docket at the location provided under the caption
ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (14 CFR part 39) as follows:
PART 39--AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding the following new
airworthiness directive:
96-12-14 Fokker: Amendment 39-9657. Docket 92-NM-71-AD.
Applicability: Model F28 Mark 0100 series airplanes; serial
numbers 11244 through 11286 inclusive, 11289, 11290 through 11293
inclusive, 11295, 11297, 11300, 11303, 11306, 11308, 11310, and
11312; certificated in any category.
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
otherwise modified, altered, or repaired in the area subject to the
requirements of this AD. For airplanes that have been modified,
altered, or repaired so that the performance of the requirements of
this AD is affected, the owner/operator must request approval for an
alternative method of compliance in accordance with paragraph (b) 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 reduced structural capability of the wing and fuel
leakage, accomplish the following:
(a) Prior to the accumulation of 12,000 total landings, or
within 60 days after the effective date of this AD, whichever occurs
later, reinforce the lower right-hand wing skin at the fueling
adapter by installing a new stringer and new internal and external
doubler plates, in accordance with Fokker Service Bulletin SBF100-
57-008, Revision 2, dated September 22, 1995.
Note 2: Accomplishment of the reinforcement in accordance with
Fokker Service Bulletin SBF100-57-008, Revision 1, dated March 29,
1992, prior to the effective date of this AD is acceptable for
compliance with the requirement of paragraph (a) of this AD.
(b) 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 3: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Standardization Branch, ANM-113.
(c) 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.
(d) The reinforcement shall be done in accordance with Fokker
Service Bulletin SBF100-57-008, Revision 2, dated September 22,
1995. This incorporation by reference was approved by the Director
of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR
part 51. Copies may be obtained from Fokker Aircraft USA, Inc., 1199
North Fairfax Street, Alexandria, Virginia 22314. 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.
(e) This amendment becomes effective on July 16, 1996.
Issued in Renton, Washington, on May 31, 1996.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 96-14225 Filed 6-10-96; 8:45 am]
BILLING CODE 4910-13-U
Complete official Federal Register PDF
FR Doc. 96-14224 Airworthiness Directives; Dornier Model 328 Series Airplanes Equipped with Honeywell GP-300 Guidance and Display Controller
[Federal Register Volume 61, Number 113 (Tuesday, June 11, 1996)]
[Rules and Regulations]
[Pages 29465-29467]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14224]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 96-NM-112-AD; Amendment 39-9656; AD 96-12-13]
RIN 2120-AA64
Airworthiness Directives; Dornier Model 328 Series Airplanes
Equipped with Honeywell GP-300 Guidance and Display Controller
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: This amendment adopts a new airworthiness directive (AD) that
is applicable to certain Dornier Model 328 series airplanes. This
action requires modification of certain Honeywell GP-300 guidance and
display controllers. This amendment is prompted by reports of smoke and
fumes, due to a defective light bulb, emitting from the Honeywell GP-
300 guidance and display controller; and a report of failure of the
autopilot to disconnect manually. The actions specified in this AD are
intended to prevent a defective light bulb from causing a short circuit
that emits smoke and fumes into the cockpit; or causing damage to the
circuit cards and various components, which may lock the autopilot into
the engaged mode. Locking of the autopilot into the engaged mode could
lead to the inability of the pilot to disconnect the autopilot, which
could result in reduced controllability of the airplane.
DATES: Effective June 26, 1996.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of June 26, 1996.
Comments for inclusion in the Rules Docket must be received on or
before August 12, 1996.
[[Page 29466]]
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-103,
Attention: Rules Docket No. 96-NM-112-AD, 1601 Lind Avenue, SW.,
Renton, Washington 98055-4056.
The service information referenced in this AD may be obtained from
Honeywell, Inc., Attn: Customer Support Materiel, P.O. Box 21111,
Phoenix, Arizona 85036. This information may be examined at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington; or at the FAA, Los Angeles Aircraft Certification Office,
Transport Airplane Directorate, 3960 Paramount Boulevard, Lakewood,
California; or at the Office of the Federal Register, 800 North Capitol
Street, NW., suite 700, Washington, DC.
FOR FURTHER INFORMATION CONTACT: J. Kirk Baker, Aerospace Engineer,
Systems and Equipment Branch, ANM-130L, FAA, Los Angeles Aircraft
Certification Office, 3960 Paramount Boulevard, Lakewood, California
90712; telephone (310) 627-5345; fax (310) 627-5210.
SUPPLEMENTARY INFORMATION: The FAA has received several reports of
smoke and fumes emitting from the Honeywell GP-300 guidance and display
controller installed on Dornier Model 328 series airplanes. In
addition, the FAA received a report that the autopilot would not
disconnect manually; however, minutes later the ``FD AP Disp Ctrl''
circuit breaker opened on its own, and subsequently disconnected the
autopilot. Investigation revealed that the cause of these failures has
been attributed to a defective light bulb in the display controller
lighting circuit inside the GP-300 guidance and display controller. A
defective light bulb can cause a short circuit that emits smoke and
fumes into the cockpit. This condition, if not corrected, could impair
the flightcrew's ability to operate effectively in the cockpit.
A defective light bulb also can cause damage to the circuit cards
and various components, which may lock the autopilot into the engaged
mode; this situation could lead to the inability of the pilot to
disconnect the autopilot. This condition could adversely affect the
controllability of the airplane.
Explanation of Relevant Service Information
The FAA has reviewed and approved Honeywell Service Bulletin
7015327-22-2, dated March 4, 1996, which describes procedures for
modification of Honeywell GP-300 guidance and display controllers
having part number (P/N) 7015327-901 or -902. The modification involves
installing a protection device on each of the circuit card assemblies
(CCA) that will limit the short circuit current of the lighting
circuits.
U.S. Type Certification of the Airplane
This airplane model is manufactured in Germany and is type
certificated for operation in the United States under the provisions of
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and
the applicable bilateral airworthiness agreement.
Explanation of Requirements of Rule
Since an unsafe condition has been identified that is likely to
exist or develop on other airplanes of the same type design registered
in the United States, this AD is being issued to prevent a defective
light bulb from causing a short circuit that emits smoke and fumes into
the cockpit; or causing damage to the circuit cards and various
components, which may lock the autopilot into the engaged mode. Locking
of the autopilot into the engaged mode could lead to the inability of
the pilot to disconnect the autopilot, and adversely affect the
controllability of the airplane. This AD requires modification of
certain Honeywell GP-300 guidance and display controllers. The actions
are required to be accomplished in accordance with the service bulletin
described previously.
Explanation of the Applicability of the Rule
When an unsafe condition results from the installation of an
appliance or other item that is installed in only one particular make
and model of aircraft, the FAA's general policy is to issue an AD so
that it is applicable to the aircraft, rather than the item. The reason
for this is simple: Making the AD applicable to the airplane model on
which the item is installed ensures that operators of those airplanes
will be notified directly of the unsafe condition and the action
required to correct it. While it is assumed that an operator will know
the models of airplanes that it operates, there is a potential that the
operator will not know or be aware of specific items that are installed
on its airplanes. Therefore, calling out the airplane model as the
subject of the AD prevents ``unknowing non-compliance'' on the part of
the operator. (The FAA recognizes that there are situations when an
unsafe condition exists in an item that is installed in many different
aircraft. In those cases, the FAA considers it impractical to issue
AD's against each aircraft; in fact, many times, the exact models and
numbers of aircraft on which the item is installed may not be known.
Therefore, in those situations, the AD is issued so that it is
applicable to the item; furthermore, those AD's usually indicate that
the item is known to be installed on, but not limited to, various
aircraft models.)
Determination of Rule's Effective Date
Since a situation exists that requires the immediate adoption of
this regulation, it is found that notice and opportunity for prior
public comment hereon are impracticable, and that good cause exists for
making this amendment effective in less than 30 days.
Comments Invited
Although this action is in the form of a final rule that involves
requirements affecting flight safety and, thus, was not preceded by
notice and an opportunity for public comment, comments are invited on
this rule. Interested persons are invited to comment on this rule by
submitting such written data, views, or arguments as they may desire.
Communications shall identify the Rules Docket number and be submitted
in triplicate to the address specified under the caption ADDRESSES.
All communications received on or before the closing date for comments
will be considered, and this rule may be amended in light of the
comments received. Factual information that supports the commenter's
ideas and suggestions is extremely helpful in evaluating the
effectiveness of the AD action and determining whether additional
rulemaking action would be needed.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the rule that might
suggest a need to modify the rule. All comments submitted will be
available, both before and after the closing date for comments, in the
Rules Docket for examination by interested persons. A report that
summarizes each FAA-public contact concerned with the substance of this
AD will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this rule must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 96-NM-112-AD.'' The postcard will be date stamped and
returned to the commenter.
[[Page 29467]]
Regulatory Impact
The regulations adopted herein will not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government. Therefore, in
accordance with Executive Order 12612, it is determined that this final
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
The FAA has determined that this regulation is an emergency
regulation that must be issued immediately to correct an unsafe
condition in aircraft, and that it is not a ``significant regulatory
action'' under Executive Order 12866. It has been determined further
that this action involves an emergency regulation under DOT Regulatory
Policies and Procedures (44 FR 11034, February 26, 1979). If it is
determined that this emergency regulation otherwise would be
significant under DOT Regulatory Policies and Procedures, a final
regulatory evaluation will be prepared and placed in the Rules Docket.
A copy of it, if filed, may be obtained from the Rules Docket at the
location provided under the caption ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (14 CFR part 39) as follows:
PART 39--AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding the following new
airworthiness directive:
96-12-13 Dornier: Amendment 39-9656. Docket 96-NM-112-AD.
Applicability: Model 328 series airplanes, equipped with
Honeywell GP-300 guidance and display controller having part number
(P/N) 7015327-901 or -902; certificated in any category.
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
otherwise modified, altered, or repaired in the area subject to the
requirements of this AD. For airplanes that have been modified,
altered, or repaired so that the performance of the requirements of
this AD is affected, the owner/operator must request approval for an
alternative method of compliance in accordance with paragraph (b) 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 a defective light bulb from causing a short circuit
that emits smoke and fumes into the cockpit, or causing damage to
the circuit cards and various components, which may lock the
autopilot into the engaged mode, accomplish the following:
(a) Within 60 days after the effective date of this AD, modify
the Honeywell GP-300 guidance and display controller, having P/N
7015327-901 or -902, in accordance with Honeywell Service Bulletin
7015327-22-2, dated March 4, 1996.
(b) 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, Los Angeles Aircraft Certification
Office (ACO), 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, Los Angeles ACO.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Los Angeles ACO.
(c) 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.
(d) The modification shall be done in accordance with Honeywell
Service Bulletin 7015327-22-2, dated March 4, 1996. This
incorporation by reference was approved by the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51. Copies may be obtained from Honeywell, Inc., Attn: Customer
Support Materiel, P.O. Box 21111, Phoenix, Arizona 85036. Copies may
be inspected at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue, SW., Renton, Washington; or at the FAA, Los Angeles Aircraft
Certification Office, Transport Airplane Directorate, 3960 Paramount
Boulevard, Lakewood, California; or at the Office of the Federal
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.
(e) This amendment becomes effective on June 26, 1996.
Issued in Renton, Washington, on May 31, 1996.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 96-14224 Filed 6-10-96; 8:45 am]
BILLING CODE 4910-13-U
Complete official Federal Register PDF
FR Doc. 96-14093 Interpretive Bulletin 96-1; Participant Investment Education
[Federal Register Volume 61, Number 113 (Tuesday, June 11, 1996)]
[Rules and Regulations]
[Pages 29586-29590]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14093]
[[Page 29585]]
_______________________________________________________________________
Part II
Department of Labor
_______________________________________________________________________
Pension and Welfare Benefits Administration
_______________________________________________________________________
29 CFR Part 2509
Interpretive Bulletin 96-1; Participant Investment Education; Final
Rule
Federal Register / Vol. 61, No. 113 / Tuesday, June 11, 1996 / Rules
and Regulations
[[Page 29586]]
DEPARTMENT OF LABOR
Pension and Welfare Benefits Administration
29 CFR Part 2509
RIN 1210-AA50
Interpretive Bulletin 96-1; Participant Investment Education
AGENCY: Pension and Welfare Benefits Administration, Labor.
ACTION: Interpretive bulletin.
-----------------------------------------------------------------------
SUMMARY: This interpretive bulletin sets forth the views of the
Department of Labor (the Department) concerning the circumstances under
which the provision of investment-related information to participants
and beneficiaries in participant-directed individual account pension
plans will not constitute the rendering of ``investment advice'' under
the Employee Retirement Income Security Act of 1974, as amended
(ERISA). This guidance is intended to assist plan sponsors, service
providers, participants and beneficiaries in determining when
activities designed to educate and assist participants and
beneficiaries in making informed investment decisions will not cause
persons engaged in such activities to become fiduciaries with respect
to a plan by virtue of providing ``investment advice'' to plan
participants and beneficiaries for a fee or other compensation.
EFFECTIVE DATE: January 1, 1975.
FOR FURTHER INFORMATION CONTACT:
Bette J. Briggs or Teresa L. Turyn, Pension and Welfare Benefits
Administration, U.S. Department of Labor, 200 Constitution Ave. N.W.
Room N-5669, Washington, DC 20210, telephone (202) 219-8671, or Paul D.
Mannina, Plan Benefits Security Division, Office of the Solicitor, U.S.
Department of Labor, Washington, DC 20210, telephone (202) 219-4592.
These are not toll-free numbers.
SUPPLEMENTARY INFORMATION: In order to provide a concise and ready
reference to its interpretations of ERISA, the Department publishes its
interpretive bulletins in the Rules and Regulations section of the
Federal Register. Published in this issue of the Federal Register is
ERISA Interpretive Bulletin 96-1, which interprets section
3(21)(A)(ii), 29 U.S.C. 1002(21)(A)(ii), and the Department's
regulation issued thereunder at 29 CFR 2510.3-21(c). The Department is
publishing this interpretive bulletin because it believes there is a
need to clarify the circumstances under which the provision of
investment-related information to participants and beneficiaries will
not give rise to fiduciary status under ERISA section 3(21)(A)(ii).
(Sec. 505, Pub. L. 93-406, 88 Stat. 894 (29 U.S.C. 1135).)
Background
With the growth of participant-directed individual account pension
plans, more employees are directing the investment of their pension
plan assets and, thereby, assuming more responsibility for ensuring the
adequacy of their retirement income.* At the same time, there has been
an increasing concern on the part of the Department, employers and
others that many participants may not have a sufficient understanding
of investment principles and strategies to make their own informed
investment decisions. It has been represented to the Department that,
while a number of employers sponsoring participant-directed individual
account pension plans have instituted programs intended to educate
their employees about investment principles, financial planning and
retirement, many employers have not offered programs or offered only
limited programs due to uncertainty regarding the extent to which the
provision of investment-related information may be considered the
rendering of ``investment advice'' under section 3(21)(A)(ii) of ERISA,
resulting in fiduciary responsibility and potential liability in
connection with participant-directed investments. Although section
404(c) of ERISA, 29 U.S.C. 1104(c), and the Department's regulations,
at 29 CFR 2550.404c-1, provide limited relief from liability for
fiduciaries of pension plans that permit a participant or beneficiary
to exercise control over the assets in his or her individual account,
there remains a need for employers and others who provide investment
information with respect to pension plan assets to know what standards
apply in determining whether an education activity may give rise to
fiduciary status.
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* Under section 3(2) of ERISA, 29 U.S.C. 1002(2), the term
``pension plan'' encompasses any plan, fund or program established
or maintained by an employer or employee organization, or by both,
to the extent that by its express terms or as a result of
surrounding circumstances, it provides retirement income to
employees or results in a deferral of income by employees for
periods extending to the termination of covered employment or
beyond. The Department notes that, for purposes of Title I of ERISA,
an employer-sponsored individual retirement account (IRA) is
considered to be an individual account pension plan. See 29 CFR
2510.3-2(d).
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In view of the important role that investment education can play in
assisting participants and beneficiaries in making informed investment
and retirement-related decisions and the uncertainty relating to the
fiduciary implications of providing investment-related information to
participants and beneficiaries, the Department is clarifying, herein,
the application of ERISA's definition of the term ``fiduciary with
respect to a plan'' in section 3(21)(A)(ii) to the provision of
investment-related information to participants and beneficiaries.
Interpretive Bulletin 96-1 identifies categories of information and
materials regarding participant-directed individual account pension
plans that do not, in the view of the Department, constitute
``investment advice'' under the definition of ``fiduciary'' in ERISA
section 3(21)(A)(ii) and the corresponding regulation at 29 CFR 2510.3-
21(c)(1). The interpretive bulletin points out, in effect, a series of
graduated safe harbors under ERISA for plan sponsors and service
providers who provide participants and beneficiaries with four
increasingly specific categories of investment information and
materials--plan information, general financial and investment
information, asset allocation models and interactive investment
materials--as described in paragraph (d) of IB 96-1.
Comments on the Interpretive Bulletin
Interpretive Bulletin 96-1 was developed following extensive review
of educational materials currently being provided by plan sponsors and
service providers to participants. To further ensure that the guidance
provided would be helpful, and would promote increased and improved
participant education efforts, the Department also released an exposure
draft of the interpretive bulletin for public comment. The response to
the exposure draft was overwhelmingly positive. Both plan sponsor and
service provider representatives unequivocally agreed that the guidance
as drafted would strengthen participant investment education, and urged
the Department to proceed as expeditiously as possible to adopt the
interpretive bulletin. The commenters also suggested various technical
and clarifying changes which, as discussed below, have been included in
the interpretive bulletin.
Identifying Specific Investment Alternatives in Model Asset Allocations
The most frequent comment on the exposure draft concerned the safe
harbor provision in paragraphs (d)(3) (asset allocation models) and
(d)(4) (interactive investment materials) that if
[[Page 29587]]
a model asset allocation identifies or matches any specific investment
alternative available under the plan with a generic asset class, then
all investment alternatives under the plan with similar risk and return
characteristics must be similarly identified or matched. The commenters
were concerned that in plans with investment alternatives offered by
multiple service providers it would be difficult, and possibly
inappropriate, for one service provider to identify and describe a
competitor's products.
The requirement to identify other investment alternatives within an
asset class was intended to address the concern that a service provider
could effectively steer participants to a specific investment
alternative by identifying only one particular fund in connection with
an asset allocation model. Where it is possible to identify other
investment alternatives within an asset class, the Department
encourages service providers to do so. In response to the comments,
however, safe harbors (d)(3) and (d)(4) have been revised to provide
that, where an asset allocation model identifies any specific
investment alternative available under the plan, an accompanying
statement must indicate that other investment alternatives having
similar risk and return characteristics may be available under the
plan, and must identify where information on those investment
alternatives may be obtained.
The Fiduciary Safe Harbors and Section 404(c)
Several commenters requested clarification of the statement in the
exposure draft that issues relating to the circumstances under which
information provided to participants and beneficiaries may affect their
ability to exercise independent control for purposes of 404(c) are
outside the scope of the IB. The commenters were concerned that
activities which come within one of the safe harbors for participant
education may nevertheless be viewed by the Department as compromising
a participant's or beneficiary's ability to exercise independent
control under section 404(c).
Whether a participant or beneficiary has exercised independent
control over the assets in his or her individual account pursuant to
section 404(c) is necessarily a factual inquiry. In general, however,
the types of educational programs described in the safe harbors do not,
in the view of the Department, raise issues under section 404(c).
Accordingly, footnote 2 of IB 96-1 makes clear that the provision of
investment-related information and materials to participants and
beneficiaries in accordance with paragraph (d) of the IB will not, in
and of itself, affect the availability of relief from the fiduciary
responsibility provisions of ERISA that is provided by section 404(c).
Applying Asset Allocations to Individual Participants and Beneficiaries
A number of commenters asked the Department to clarify the
requirement to provide a statement that individual participants and
beneficiaries should consider their other assets, income or investments
(outside of the plan) when applying an asset allocation model or using
interactive investment materials. The commenters pointed out that, in
many instances, interactive models or materials already take into
account an individual's other assets. Accordingly, they requested
clarification that such models or materials come within the safe harbor
in paragraph (d)(4). Commenters were also concerned that given the
rationale for the safe harbor in paragraph (d)(4)--i.e. that
interactive investment models or materials enable participants and
beneficiaries independently to design and assess multiple asset
allocation models--the Department may have intended to exclude from the
safe harbors situations in which service providers assist individual
participants or beneficiaries to develop possible asset allocation
models based upon their personal financial information.
The provisions of the safe harbors are designed to ensure that
participants and beneficiaries will have adequate information to enable
them to make their own, informed asset allocation decisions. The
Department has clarified that the safe harbor in paragraph (d)(4) for
interactive investment materials would not be unavailable merely
because the asset allocation models generated by the materials take
into account a participant's or beneficiary's non-plan assets, income
and investments. Nor does the Department consider that the safe harbor
would be unavailable merely because participants and beneficiaries
receive personal assistance in developing model asset allocations. In
this regard, paragraph (d) of the IB states that providing the
categories of information identified in paragraph (d) will not in and
of itself constitute the rendering of ``investment advice''
irrespective of the form in which the materials are provided (e.g.,
whether on an individual or group basis, in writing or orally, or via
video or computer software). The interpretive bulletin also makes clear
that information and materials within each category may be furnished
alone or combined with information and materials from other categories.
For example, general financial and investment information on estimating
future retirement income needs, determining investment time horizons
and assessing risk tolerance, as described in paragraph (d)(2), may be
combined with interactive investment materials described in paragraph
(d)(4) in order to assist participants and beneficiaries to relate
basic retirement planning concepts to their individual situations.
Generally Accepted Investment Theories
Several commenters requested clarification of the requirement that
asset allocation models and interactive investment materials must be
based on ``generally accepted investment theories that take into
account the historic returns of different asset classes (e.g.,
equities, bonds, or cash) over defined periods of time.'' The
Department included this requirement to assure that, for purposes of
the safe harbors, any models or materials presented to participants or
beneficiaries will be consistent with widely accepted principles of
modern portfolio theory, recognizing the relationship between risk and
return, the historic returns of different asset classes, and the
importance of diversification.
Plan Sponsor or Fiduciary Endorsements of Service Providers
The commenters also requested clarification regarding the
circumstances in which a plan sponsor or fiduciary may be viewed as
having fiduciary responsibility by virtue of endorsing a third party
who has been selected by a participant or beneficiary to provide
participant education or investment advice. Commenters noted, for
example, that a plan sponsor may wish merely to provide office space or
make computer terminals available for use by a service provider that
has been selected by a participant or beneficiary to provide investment
education using interactive materials. Whether a plan sponsor or
fiduciary has effectively endorsed or made an arrangement with a
particular service provider is an inherently factual inquiry which
depends upon all the relevant facts and circumstances. It is the
Department's view, however, that a uniformly applied policy of
providing office space or computer terminals for use by participants or
beneficiaries who have independently selected a service provider to
provide investment
[[Page 29588]]
education would not, in and of itself, constitute an endorsement of or
arrangement with the service provider for purposes of the IB.
Participation Rates, Contribution Levels and Preretirement Withdrawals
With the objective of distinguishing between investment education
and investment advice, IB 96-1 focuses primarily on educational
activities relating to investment decision-making. However, as
suggested in a recent study by the Employee Benefits Research Institute
(EBRI), which was commissioned by the Department of Labor, plan
participants also need to be informed about the impact on retirement
savings of preretirement withdrawals and other fundamental principles
regarding plan participation and contribution levels. According to the
EBRI study, the impact of preretirement withdrawals on retirement
income is one of the least often provided topics and could have serious
consequences for the adequacy of employees' retirement income. The
Department, therefore, encourages educational service providers to
emphasize that participants should: (1) participate in available plans
as soon as they are eligible; (2) make the maximum contribution
possible to the plan; and(3) if they change employment, refrain from
withdrawing their retirement savings, and opt instead to directly
transfer or roll over their plan account into an IRA or other
retirement vehicle. Such information relating to plan participation is
specifically encompassed within the safe harbor in paragraph (d)(1) of
IB 96-1.
Application of the Investment Advisers Act of 1940
Employer sponsors of participant-directed individual account
pension plans that provide investment-related information to employees
who are participants in those plans have also raised questions
regarding their status under the Investment Advisers Act of 1940, 15
U.S.C. 80b-1 et seq., (``Advisers Act''). In this regard, the staff of
the Division of Investment Management of the Securities and Exchange
Commission (SEC) has advised the Department of Labor that, generally,
employers who provide their employees with investment information
including, but not limited to, the type described in paragraph (d) of
IB 96-1 would not be subject to registration or regulation under the
Advisers Act. This position applies only to employers who provide such
information, and not to third-party service providers, whose status
under the Adviser's Act must be determined independently. See Letters
from Jack W. Murphy, Associate Director (Chief Counsel), Division of
Investment Management, SEC, to Olena Berg, Assistant Secretary, Pension
and Welfare Benefit Administration, U.S. Department of Labor, dated
February 22, 1996, and December 5, 1995. Persons who have questions
regarding this issue are directed to contact the Office of the Chief
Counsel, Division of Investment Management, at (202) 942-0660. This is
not a toll free number.
Executive Order 12866
Under Executive Order 12866 (58 FR 51735, Oct. 4, 1993), the
Department must determine whether the regulatory action is
``significant'' and therefore subject to review by the Office of
Management and Budget (OMB) and the requirements of the Executive
Order. Under section 3(f), the order defines a ``significant regulatory
action'' as an action that is likely to result in, among other things,
a rule raising novel policy issues arising out of the President's
priorities.
Pursuant to the terms of the Executive Order, the Department has
determined that this regulatory action is a ``significant regulatory
action'' as that term is used a Executive Order 12866 because the
action would raise novel policy issues arising out of the President's
priorities. Thus, the Department believes this notice is
``significant,'' and subject to OMB review on that basis. OMB has
reviewed this rule.
Paperwork Reduction Act
The regulation being issued here is not subject to the requirements
of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) because
it does not contain an ``information collection request'' as defined in
44 U.S.C. 3502 (4).
Small Business Regulatory Enforcement Fairness Act
The regulation being issued here is subject to the provisions of
the Small Business Regulatory Enforcement Fairness Act of 1996 (5
U.S.C. 801 et. seq.) and has been transmitted to Congress and the
Comptroller General for review.
List of Subjects in 29 CFR Part 2509
Employee benefits plans, Pensions.
For the reasons set forth above, Part 2509 of Title 29 of The Code
of Federal Regulations is amended as follows:
PART 2509--INTERPRETIVE BULLETINS RELATING TO THE EMPLOYEE
RETIREMENT INCOME SECURITY ACT OF 1974
1. The authority citation for Part 2509 continues to read as
follows:
Authority: 29 U.S.C. 1135. Section 2509.75-1 is also issued
under 29 U.S.C. 1114. Sections 2509.75-10 and 2509.75-2 are also
issued under 29 U.S.C. 1052, 1053, 1054. Secretary of Labor's Order
No. 1-87 (52 FR 13139).
2. Part 2509 is amended by adding new Sec. 2509.96-1 to read as
follows:
Sec. 2509.96-1 Interpretive Bulletin Relating to Participant
Investment Education.
(a) Scope. This interpretive bulletin sets forth the Department
of Labor's interpretation of section 3(21)(A)(ii) of the Employee
Retirement Income Security Act of 1974, as amended (ERISA), and 29
CFR 2510.3-21(c) as applied to the provision of investment-related
educational information to participants and beneficiaries in
participant-directed individual account pension plans (i.e., pension
plans that permit participants and beneficiaries to direct the
investment of assets in their individual accounts, including plans
that meet the requirements of the Department's regulations at 29 CFR
2550.404c-1).
(b) General. Fiduciaries of an employee benefit plan are charged
with carrying out their duties prudently and solely in the interest
of participants and beneficiaries of the plan, and are subject to
personal liability to, among other things, make good any losses to
the plan resulting from a breach of their fiduciary duties. ERISA
sections 403, 404 and 409, 29 U.S.C. 1103, 1104, and 1109. Section
404(c) of ERISA provides a limited exception to these rules for a
pension plan that permits a participant or beneficiary to exercise
control over the assets in his or her individual account. The
Department of Labor's regulation, at 29 CFR 2550.404c-1, describes
the kinds of plans to which section 404(c) applies, the
circumstances under which a participant or beneficiary will be
considered to have exercised independent control over the assets in
his or her account, and the consequences of a participant's or
beneficiary's exercise of such control.\1\
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\1\ The section 404(c) regulation conditions relief from
fiduciary liability on, among other things, the participant or
beneficiary being provided or having the opportunity to obtain
sufficient investment information regarding the investment
alternatives available under the plan in order to make informed
investment decisions. Compliance with this condition, however, does
not require that participants and beneficiaries be offered or
provided either investment advice or investment education, e.g.
regarding general investment principles and strategies, to assist
them in making investment decisions. 29 CFR 2550.404c-1(c)(4).
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With both an increase in the number of participant-directed
individual account plans and the number of investment options
available to participants and beneficiaries under such plans, there
has been an increasing recognition of the importance of providing
participants and beneficiaries,
[[Page 29589]]
whose investment decisions will directly affect their income at
retirement, with information designed to assist them in making
investment and retirement-related decisions appropriate to their
particular situations. Concerns have been raised, however, that the
provision of such information may in some situations be viewed as
rendering ``investment advice for a fee or other compensation,''
within the meaning of ERISA section 3(21)(A)(ii), thereby giving
rise to fiduciary status and potential liability under ERISA for
investment decisions of plan participants and beneficiaries.
In response to these concerns, the Department of Labor is
clarifying herein the applicability of ERISA section 3(21)(A)(ii)
and 29 CFR 2510.3-21(c) to the provision of investment-related
educational information to participants and beneficiaries in
participant directed individual account plans.\2\ In providing this
clarification, the Department does not address the ``fee or other
compensation, direct or indirect,'' which is a necessary element of
fiduciary status under ERISA section 3(21)(A)(ii).\3\
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\2\ Issues relating to the circumstances under which information
provided to participants and beneficiaries may affect a
participant's or beneficiary's ability to exercise independent
control over the assets in his or her account for purposes of relief
from fiduciary liability under ERISA section 404(c) are beyond the
scope of this interpretive bulletin. Accordingly, no inferences
should be drawn regarding such issues. See 29 CFR 2550.404c-1(c)(2).
It is the view of the Department, however, that the provision of
investment-related information and material to participants and
beneficiaries in accordance with paragraph (d) of this interpretive
bulletin will not, in and of itself, affect the availability of
relief under section 404(c).
\3\ The Department has expressed the view that, for purposes of
section 3(21)(A)(ii), such fees or other compensation need not come
from the plan and should be deemed to include all fees or other
compensation incident to the transaction in which the investment
advise has been or will be rendered. See A.O. 83-60A (Nov. 21,
1983); Reich v. McManus, 883 F. Supp. 1144 (N.D. Ill. 1995).
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(c) Investment Advice. Under ERISA section 3(21)(A)(ii), a
person is considered a fiduciary with respect to an employee benefit
plan to the extent that person ``renders investment advice for a fee
or other compensation, direct or indirect, with respect to any
moneys or other property of such plan, or has any authority to do so
* * *.'' The Department issued a regulation, at 29 CFR 2510.3-21(c),
describing the circumstances under which a person will be considered
to be rendering ``investment advice'' within the meaning of section
3(21)(A)(ii). Because section 3(21)(A)(ii) applies to advice with
respect to ``any moneys or other property'' of a plan and 29 CFR
2510.3-21(c) is intended to clarify the application of that section,
it is the view of the Department of Labor that the criteria set
forth in the regulation apply to determine whether a person renders
``investment advice'' to a pension plan participant or beneficiary
who is permitted to direct the investment of assets in his or her
individual account.
Applying 29 CFR 2510.3-21(c) in the context of providing
investment-related information to participants and beneficiaries of
participant-directed individual account pension plans, a person will
be considered to be rendering ``investment advice,'' within the
meaning of ERISA section 3(21)(A)(ii), to a participant or
beneficiary only if: (i) the person renders advice to the
participant or beneficiary as to the value of securities or other
property, or makes recommendations as to the advisability of
investing in, purchasing, or selling securities or other property
(2510.3-21(c)(1)(i); and (ii) the person, either directly or
indirectly, (A) has discretionary authority or control with respect
to purchasing or selling securities or other property for the
participant or beneficiary (2510.3-21(c)(1)(ii)(A)), or (B) renders
the advice on a regular basis to the participant or beneficiary,
pursuant to a mutual agreement, arrangement or understanding
(written or otherwise) with the participant or beneficiary that the
advice will serve as a primary basis for the participant's or
beneficiary's investment decisions with respect to plan assets and
that such person will render individualized advice based on the
particular needs of the participant or beneficiary (2510.3-
21(c)(1)(ii)(B)).\4\
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\4\ This IB does not address the application of 29 CFR 2510.3-
21(c) to communications with fiduciaries of participant-directed
individual account pension plan plans.
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Whether the provision of particular investment-related
information or materials to a participant or beneficiary constitutes
the rendering of ``investment advice,'' within the meaning of 29 CFR
2510.3-21(c)(1), generally can be determined only by reference to
the facts and circumstances of the particular case with respect to
the individual plan participant or beneficiary. To facilitate such
determinations, however, the Department of Labor has identified, in
paragraph (d), below, examples of investment-related information and
materials which if provided to plan participants and beneficiaries
would not, in the view of the Department, result in the rendering of
``investment advice'' under ERISA section 3(21)(A)(ii) and 29 CFR
2510.3-21(c).
(d) Investment Education. For purposes of ERISA section
3(21)(A)(ii) and 29 CFR 2510.3-21(c), the Department of Labor has
determined that the furnishing of the following categories of
information and materials to a participant or beneficiary in a
participant-directed individual account pension plan will not
constitute the rendering of ``investment advice,'' irrespective of
who provides the information (e.g., plan sponsor, fiduciary or
service provider), the frequency with which the information is
shared, the form in which the information and materials are provided
(e.g., on an individual or group basis, in writing or orally, or via
video or computer software), or whether an identified category of
information and materials is furnished alone or in combination with
other identified categories of information and materials.
(1) Plan Information. (i) Information and materials that inform
a participant or beneficiary about the benefits of plan
participation, the benefits of increasing plan contributions, the
impact of preretirement withdrawals on retirement income, the terms
of the plan, or the operation of the plan; or
(ii) information such as that described in 29 CFR 2550.404c-
1(b)(2)(i) on investment alternatives under the plan (e.g.,
descriptions of investment objectives and philosophies, risk and
return characteristics, historical return information, or related
prospectuses).\5\
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\5\ Descriptions of investment alternatives under the plan may
include information relating to the generic asset class (e,g,,
equities, bonds, or cash) of the investment alternatives. 29 CFR
2550.404c-1(b)(2)(i)(B)(1) (ii).
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The information and materials described above relate to the plan
and plan participation, without reference to the appropriateness of
any individual investment option for a particular participant or
beneficiary under the plan. The information, therefore, does not
contain either ``advice'' or ``recommendations'' within the meaning
of 29 CFR 2510.3-21(c)(1)(i). Accordingly, the furnishing of such
information would not constitute the rendering of ``investment
advice'' for purposes of section 3(21)(A)(ii) of ERISA.
(2) General Financial and Investment Information. Information
and materials that inform a participant or beneficiary about: (i)
General financial and investment concepts, such as risk and return,
diversification, dollar cost averaging, compounded return, and tax
deferred investment; (ii) historic differences in rates of return
between different asset classes (e.g., equities, bonds, or cash)
based on standard market indices; (iii) effects of inflation; (iv)
estimating future retirement income needs; (v) determining
investment time horizons; and (vi) assessing risk tolerance.
The information and materials described above are general
financial and investment information that have no direct
relationship to investment alternatives available to participants
and beneficiaries under a plan or to individual participants or
beneficiaries. The furnishing of such information, therefore, would
not constitute rendering ``advice'' or making ``recommendations'' to
a participant or beneficiary within the meaning of 29 CFR 2510.3-
21(c)(1)(i). Accordingly, the furnishing of such information would
not constitute the rendering of ``investment advice'' for purposes
of section 3(21)(A)(ii) of ERISA.
(3) Asset Allocation Models. Information and materials (e.g.,
pie charts, graphs, or case studies) that provide a participant or
beneficiary with models, available to all plan participants and
beneficiaries, of asset allocation portfolios of hypothetical
individuals with different time horizons and risk profiles, where:
(i) Such models are based on generally accepted investments theories
that take into account the historic returns of different asset
classes (e.g., equities, bonds, or cash) over define periods of
time; (ii) all material facts and assumptions on which such models
are based (e.g., retirement ages, life expectancies, income levels,
financial resources, replacement income ratios, inflation rates, and
rates of return) accompany the models; (iii) to the extent that an
asset allocation model identifies any specific investment
alternative available under the plan, the
[[Page 29590]]
model is accompanied by a statement indicating that other investment
alternatives having similar risk and return characteristics may be
available under the plan and identifying where information on those
investment alternatives may be obtained; and (iv) the asset
allocation models are accompanied by a statement indicating that, in
applying particular asset allocation models to their individual
situations, participants or beneficiaries should consider their
other assets, income, and investments (e.g., equity in a home, IRA
investments, savings accounts, and interests in other qualified and
non-qualified plans) in addition to their interests in the plan.
Because the information and materials described above would
enable a participant or beneficiary to assess the relevance of an
asset allocation model to his or her individual situation, the
furnishing of such information would not constitute a
``recommendation'' within the meaning of 29 CFR 2510.3-21(c)(1)(i)
and, accordingly, would not constitute ``investment advice'' for
purposes of section 3(21)(A)(ii) of ERISA. This result would not, in
the view of the Department, be affected by the fact that a plan
offers only one investment alternative in a particular asset class
identified in an asset allocation model.
(4) Interactive Investment Materials. Questionnaires,
worksheets, software, and similar materials which provide a
participant or beneficiary the means to estimate future retirement
income needs and assess the impact of different asset allocations on
retirement income, where: (i) Such materials are based on generally
accepted investment theories that take into account the historic
returns of different asset classes (e.g., equities, bonds, or cash)
over defined periods of time; (ii) there is an objective correlation
between the asset allocations generated by the materials and the
information and data supplied by the participant or beneficiary;
(iii) all material facts and assumptions (e.g., retirement ages,
life expectancies, income levels, financial resources, replacement
income ratios, inflation rates, and rates of return) which may
affect a participant's or beneficiary's assessment of the different
asset allocations accompany the materials or are specified by the
participant or beneficiary; (iv) to the extent that an asset
allocation generated by the materials identifies any specific
investment alternative available under the plan, the asset
allocation is accompanied by a statement indicating that other
investment alternatives having similar risk and return
characteristics may be available under the plan and identifying
where information on those investment alternatives may be obtained;
and (v) the materials either take into account or are accompanied by
a statement indicating that, in applying particular asset
allocations to their individual situations, participants or
beneficiaries should consider their other assets, income, and
investments (e.g., equity in a home, IRA investments, savings
accounts, and interests in other qualified and non-qualified plans)
in addition to their interests in the plan.
The information provided through the use of the above-described
materials enables participants and beneficiaries independently to
design and assess multiple asset allocation models, but otherwise
these materials do not differ from asset allocation models based on
hypothetical assumptions. Such information would not constitute a
``recommendation'' within the meaning of 29 CFR 2510.3-21(c)(1)(i)
and , accordingly, would not constitute ``investment advice'' for
purposes of section 3(21)(A)(ii) of ERISA.
The Department notes that the information and materials
described in subparagraphs (1)-(4) above merely represent examples
of the type of information and materials which may be furnished to
participants and beneficiaries without such information and
materials constituting ``investment advice.'' In this regard, the
Department recognizes that there may be many other examples of
information, materials, and educational services which, if furnished
to participants and beneficiaries, would not constitute ``investment
advice.'' Accordingly, no inferences should be drawn from
subparagraphs (1)-(4), above, with respect to whether the furnishing
of any information, materials or educational services not described
therein may constitute ``investment advice.'' Determinations as to
whether the provision of any information, materials or educational
services not described herein constitutes the rendering of
``investment advice'' must be made by reference to the criteria set
forth in 29 CFR 2510. 3-21(c)(1).
(e) Selection and Monitoring of Educators and Advisors. As with
any designation of a service provider to a plan, the designation of
a person(s) to provide investment educational services or investment
advice to plan participants and beneficiaries is an exercise of
discretionary authority or control with respect to management of the
plan; therefore, persons making the designation must act prudently
and solely in the interest of the plan participants and
beneficiaries, both in making the designation(s) and in continuing
such designation(s). See ERISA sections 3(21)(A)(i) and 404(a), 29
U.S.C. 1002 (21)(A)(i) and 1104(a). In addition, the designation of
an investment advisor to serve as a fiduciary may give rise to co-
fiduciary liability if the person making and continuing such
designation in doing so fails to act prudently and solely in the
interest of plan participants and beneficiaries; or knowingly
participates in, conceals or fails to make reasonable efforts to
correct a known breach by the investment advisor. See ERISA section
405(a), 29 U.S.C. 1105(a). The Department notes, however, that, in
the context of an ERISA section 404(c) plan, neither the designation
of a person to provide education nor the designation of a fiduciary
to provide investment advice to participants and beneficiaries
would, in itself, give rise to fiduciary liability for loss, or with
respect to any breach of part 4 of title I of ERISA, that is the
direct and necessary result of a participant's or beneficiary's
exercise of independent control. 29 CFR 2550.404c-1(d). The
Department also notes that a plan sponsor or fiduciary would have no
fiduciary responsibility or liability with respect to the actions of
a third party selected by a participant or beneficiary to provide
education or investment advice where the plan sponsor or fiduciary
neither selects nor endorses the educator or advisor, nor otherwise
makes arrangements with the educator or advisor to provide such
services.
Signed at Washington, DC, this 30th day of May, 1996.
Olena Berg,
Assistant Secretary, Pension and Welfare, Benefits Administration, U.S.
Department of Labor.
[FR Doc. 96-14093 Filed 6-10-96; 8:45 am]
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